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Resolution-PC 2010-121RESOLUTION NO. PC2010 -121 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION AND APPROVING CONDITIONAL USE PERMIT NO. 2010 -05525 (DEV2010- 00146) (1172 NORTH ARMANDO STREET) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2010- 05525, to permit an indoor soccer facility in an existing industrial building proposed 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 an industrial building located in the SP94 -1, DA1 (Northeast Area Specific Plan 94 -1, Development Area 1) 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 November 22, at 5:00 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: WHEREAS. said 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, does find and determine the following facts: 1. The request to permit an indoor soccer facility in the SP94 -1, DA1 (Northeast Area Specific Plan 94 -1, Development Area 1) zone is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.120.050,050.0531 (Conditional Uses and Structures) of the Zoning Code. 2. The request to permit an indoor soccer facility would not adversely affect the surrounding land uses and the growth and development of the area in which it is proposed to be Iocated because the property is currently developed with industrial buildings and the proposed use is compatible with the surrounding area. 1 PC2010 -121 3. The size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because the property is currently improved with industrial buildings with no proposed expansion and a parking study was conducted and determined that the parking demand of the proposed uses would not exceed the number of spaces provided. 4. The traffic generated by the indoor soccer facility would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the facility would be operating during off -peak hours of the surrounding industrial businesses and surrounding streets. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, 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. 2010 -05525 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 this permit is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City - Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. 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 the revocation of the approval of this application. 2 - PC2010 -121 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 22, 2010. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Counc n in the - ent of an appeal. Al LEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) CHAIRMAN, ANAHEIM C TY PLANNING COMMISSION I, Eleanor Morris, 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 November 22, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AMENT, FAESSEL, KARAKI, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this 22 day of November, 2010. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 3 PC2010 -121 11 I APN: 344-371-181 F€ t 100 EXHIBIT "A" DEV2010- 00146 4 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 11043 PC2010 -121 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2010-05525 (DEV2010- 00146) NO. CONDITIONS OF APPROVAL GENERAL 1 Business to be equipped with alarm system (silent or Police audible). 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: http: / /www.anaheim.net/article.asp ?id =678 3 Rear or side entrance doors shall be numbered with the same address numbers or suite number of the business. Minimum height of 4" recommended. 4 Adequate lighting of parking lots, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on -site. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. 5 All exterior doors shall have their own light source, Police which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. 6 An automatic fire sprinkler system shall be designed, Fire installed and maintained as required by the Fire Department. 7 A fire alarm system shall be designed, installed and maintained as required by the Fire Department. REVIEW SIGNED OFF BY BY Police Police Police Fire PC2010 -121 8 The occupancy shall comply with the requirements of Fire an "A" occupancy in accordance with 2007 California Building Code. 9 The hours of operation shall be consistent with the Planning letter of operation on file with the City of Anaheim Planning Department. The hours of operation shall be Monday through Thursday from 5 p.m. to 11 p.m. and Fridays from 5 p.m. to 8 p.m. Any change in the hours of operation shall be subject to review and approval by Planning staff to determine substantial conformance with the letter of operation and compatibility with the surrounding uses. 10 Subject property shall be developed substantially in PIanning 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 as Exhibit No. 1 (Site Plan) and Exhibit No. 2 (Floor Plan). 6 - PC2010 -121