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Resolution-PC 2011-013RESOLUTION NO. PC2011 -013 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2010-05528 AND VARIANCE NO. 2011 -04846 (DEV2010- 00157) (1557 NORTH GEMINI PLACE) WHEREAS, the Planning Commission did receive a verified Petition for Conditional Use Permit No. 2010-05528 and Variance No. 2010 -04846 to retain an existing vocational training facility within an existing industrial building with fewer parking spaces than allowed by code for certain real property in the City of Anaheim, County of Orange, State of California shown on Exhibit "A ", attached hereto and incorporated herein by this reference; and WHEREAS, this 1.97 acre property is developed with a 7,200 square foot industrial building. The property is 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 14, 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 variance 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 a vocational training facility with fewer parking spaces than allowed by code should be approved for the following reasons: 1. The proposed the conditional use permit request to retain a vocational training facility within an existing industrial building is properly one for which a conditional use permit is authorized under Code Section Nos. 18.10.030.0402 (Educational Institutions) of the Anaheim Municipal Code. 2. The proposed the conditional use permit to retain a vocational training facility within an existing industrial building, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the building is surrounded by and integrated with similar buildings and industrial uses; and, the vocational training facility is located within an existing industrial building with no adverse affects to adjoining land uses. 1 PC2011 -013 3, The size and shape of the site for the use is adequate to allow the full development of the vocational facility in a manner not detrimental to the particular area or to the health and safety because the facility is located within an existing industrial building. 4. The traffic generated by the vocational facility will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets. 5. The granting of the conditional use permit and variance under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed land use will continue to be integrated with the surrounding industrial area and would not pose a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the Planning Commission does further find and determine that the request for a variance to permit less parking than required by Code in conjunction with an industrial training facility should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (25 spaces required; 17 spaces proposed). 1. The variance, under the conditions imposed will not cause fewer off - street parking spaces to be provided for the vocational training facility than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of the training facility because the facility has been operating at the site for 22 years and has not adversely affected neighboring properties during that time. 2, The variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the on -site parking for the vocational training facility has adequately accommodated the peak parking demands of the site. 3. The variance will not increase traffic congestion within the off - street parking areas provided for vocational training facility since all parking is contained on -site and will not encroach into other parking facilities and the supply of parking is adequate for the vocational training facility. Further, the project does not propose new ingress or egress points and is designed to allow adequate on -site circulation and therefore will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the vocational training facility. 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. - 2 - PC2011 -013 NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2010 -05528 and Variance No. 2011 -04846 and 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. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or 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 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 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. THE FOREGOING RE meeting of March 14, 2011. ( ATTEST: �— SENIOR SECRE ANAHEIM CITY PLANNING COMMISSION - 3 - pted at the Planning Commission CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION PC2011 -013 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 March 14, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: FAESSEL, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSTAINED: COMMISSIONERS: AGARWAL ABSENT: COMMISSIONERS: AMENT, KARAKI IN WITNESS WHEREOF, I have hereunto set my hand this 14' day of March, 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 4 PC2011 -013 IAPN: 267-021-221 Fart EXHIBIT "A" DEV2010 -00157 166.54' CN EN 119.50' M 146' L E ORANGEFAIR LN 5 E DISCOVERY 'LN ri E ORANGEFAIR LN 1 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 11077 PC2011 -013 NO. CONDITIONS OF APPROVAL GENERAL CONDITIONS 1 This facility shall be used for industrial vocational training purposes only. The maximum number of students on site at any given time shall not exceed 20 persons. Any future increase in enrollment shall be subject to review and approval by Planning Department staff and contingent upon demonstration that an adequate number of parking spaces is being provided. 3 4 5 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2010-05528 AND VARIANCE NO. 2011-04846 (DEV2010- 00157) 2 The hours of operation for an industrial training facility classroom shall be consistent with the letter of operation on file with the City of Anaheim Planning Department. Any change in the hours of operation shall be subject to review and approval by Planning Department staff to determine substantial conformance with the letter of operation and compatibility with the surrounding uses. No required parking area shall be fenced or otherwise enclosed for outdoor storage. No outdoor activities involving gathering of persons shall be permitted on -site. The applicant shall be responsible for maintaining the area adjacent to the premises over which they have control, in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within two business days of being applied. 6 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. 6 REVIEW BY Planning Code Enforcement Code Enforcement Code Enforcement Code Enforcement Planning SIGNED OFF BY PC20I 1 -013