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Resolution-PC 2010-006RESOLUTION NO. PC2010 -006 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2009-05472 (DEV2009- 00101) (3150 WEST LINCOLN AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2009- 05472, to permit a martial arts studio within an existing commercial center for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A attached hereto and incorporated herein by this reference. WHEREAS, this property is developed with a commercial center located in the General Commercial (C -G) zone and the Anaheim General Plan designates the property for residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 17, 2010, at 3:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for a conditional use permit, does find and determine the following facts: 1. The request to permit a martial arts studio in the General Commercial (C -G) zone is properly one for which a conditional use permit is authorized under Code Section 18.08.030.010. (Dance and Fitness Studios Large) of the Anaheim Municipal Code. 2. The operation of a martial arts studio will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because the use is entirely within an existing building with no outside activities and it is compatible with existing commercial uses. 3. The size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety because this use will be located within an existing tenant space of an established commercial center. 4. The traffic generated by the martial arts studio will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because a 1 PC2010 -006 total of 391 parking spaces are provided for the commercial center including the martial arts studio and the demand for parking for this use is less than uses permitted in the commercial zone. 5. The granting of the conditional use permit will not be detrimental to the health and safety of the citizens of the City of Anaheim because the use is similar to commercial uses in the area and activities would occur entirely within the existing tenant space. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2009 -05472 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED, that this conditional use permit is approved without limitations on the duration of the use. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. 2 PC2010 -006 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 17, 2010. ATTEST: CHAIRMAN, AIlAIEIM CITY PLANNING COMMISSION SENIOR S CRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on February 17, 2010, by the following vote of the members thereof: AGARWAL, BUFFA, FAESSEL, KARAKI, AYES: COMMISSIONERS: RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AMENT IN WITNESS WHEREOF, I have hereunto set my hand this 17 day of February, 2010. t/A SENIOR SLRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2010 -006 I 1AP N: 135 -281 -191 W CABOT DR Fi t LU 2 145' 1 EXHIBIT "A" DE V2009- 00101 W LINCOLN AVE 523' -4 W POLI( AVE 416' W DEL MONTE DR a Source: Recorded Tract Maps and/or City GIS, Please note the accuracy is two to five feet, 10899 PC2010 -006 NO. GENERAL 1 2 3 4 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2009-05472 (DEV2009- 00101) CONDITIONS OF APPROVAL No outdoor activities shall occur on the property. Clientele access to the martial arts studio shall be limited to the front door on the north building elevation. The rear door of the martial arts studio shall remain closed during all class /instruction activities. The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit No. 1 (Site Plan), Exhibit No. 2 (Floor Plan) and as conditioned herein. 5 RESPONSIBLE FOR MONITORING Code Enforcement Code Enforcement Code Enforcement Planning PC2010 -006