Resolution-PC 2010-019RESOLUTION NO. PC2010 -019
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. 2010-05476
(DEV 2010- 00009)
(1590 SOUTH SINCLAIR STREET)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No.2010- 05476, to permit a sports training facility for
physical fitness and therapy including indoor batting cages or 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 an industrial building located in
the Industrial (I) zone and the Anaheim General Plan designates the property for industrial
land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on March 29, 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. That the proposed sports training facility is properly one for which a conditional
use permit is authorized by Anaheim Municipal Code Section 18.10.030.040.0402 (Dance and
Fitness Studio, Recreation Commercial Indoor).
2. The operation of a sports training facility for physical fitness and therapy
including indoor batting cages 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 industrial uses
surrounding the property.
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 building of an established industrial area.
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4. The traffic generated by the a sports training facility for physical fitness and
therapy including indoor batting cages will not impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area. A total of 85 code compliant
parking spaces are provided for the industrial building, including the proposed use, and a total of
81 parking spaces are required by Code.
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 uses in the area and
activities would occur entirely within the a portion of the existing building space.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Clads 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. 2010 -05476 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of March 29, 2010.
ATTEST:
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
CHAIRMAN,
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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PLANNING COMMISSION
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 March 29, 2010, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, BUFFA, FAESSEL, RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KARAKI
IN WITNESS WHEREOF, I have hereunto set my hand this 29 day of March, 2010.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
3 PC2010 -019
APN: 253-611-031
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EXHIBIT "A
DEV2010 -00009
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Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +1- two to five feet.
10907
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NO. CONDITIONS OF APPROVAL
GENERAL
1 Trash bin enclosures doors should be painted
2 Complete a Burglary/Robbery Alarm Permit application, Form
APD 516, and return it to the Police Department prior to initial
alarm activation. This form is available at the Police
Department front counter, or it can be downloaded from the
following web site: htto: /www.anaheim.netlarticle.asn ?id =678
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4 Address numbers shall be positioned so as to be readily
readable from the street.
5 All exterior doors to have adequate security hardware, e.g.
deadbolt lock The locks shall be so constructed that both the
deadbolt and deadlocking latch can be retracted by a single
action of the inside doorknob /lever /turn piece.
6 File Emergency Listing Card, Form APD -281, with the Police
Department, available at the Police Department front counter, or
it can be downloaded from the following web site:
httn: /www.anaheim.net /article.asn ?id =678.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2009-05476
(DEV2010- 00009)
Business to be equipped with alarm system (silent or audible)
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.
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RESPONSIBLE
FOR
MONITORING
Code Enforcement
Police Department
Police Department
Police Department
Police Department
Police Department
Planning
PC2010 -019