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Resolution-PC 2012-003RESOLUTION NO. PC2012 -003 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. 2011 -05581 AND VARIANCE NO. 2011 -04880 (DEV2011- 00123) (2150 SOUTH TOWNE CENTRE PLACE) WHEREAS, the Planning Commission did receive a verified Petition to approve Conditional Use Permit No. 2011 -05581 and Variance No. 2011 -04833 to establish private business school within an existing office building with fewer parking spaces than allowed by code located on the subject property; and WHEREAS, this 2.26 acre property is developed with a three -story office building. The property is located in the O -L (Office Low) zone and the Anaheim General Plan designates the property for Office High land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 18, 2012, 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 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 requested private business school with fewer parking spaces than allowed by code should be approved for the following reasons: 1. The proposed the conditional use permit request to establish a private business school is properly one for which a conditional use permit is authorized under Code Section Nos. 18.08.030.010.0402 (Educational Institutions) of the Anaheim Municipal Code. 2. The proposed the conditional use permit to establish private business school within an existing office 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 uses; and the proposed the private business school is located within an existing office building with no adverse affects to adjoining land uses. - 1 - PC2012 -003 3. The size and shape of the site for the use is adequate to allow the full development of the private business school within an existing office building in a manner not detrimental to the particular area or to the health and safety because the proposed training facility will be located within the existing 3- story, office building. 4. The traffic generated by a private business school 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. 5. The variance, under the conditions imposed will not cause fewer off -street parking spaces to be provided for the proposed private business school than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of the business school because the on -site parking for the existing office building will adequately accommodate peak parking demands for both the office uses and the business school. 6. 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 private business school will adequately accommodate the peak parking demands of the office building including the business school. 7. The variance will not increase traffic congestion within the off - street parking areas provided for the business school since all parking is contained on -site and will not encroach into other parking facilities and the supply of parking is adequate for the business school. 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 business school. 8. The granting of the conditional use permit and the 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 compatible with the surrounding area because the use is integrated with other uses on the property and is not a health or safety risk to the citizens of the City of Anaheim. 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. 2011 -05581 and Variance No. 2011 -04880 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. - 2 - PC2012 -003 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 RESOLUTION was adopted at the Planning Commission meeting of January 18, 2012. A'1 "PEST: A a CHAIRMAN, ANA TY PLANNING COMMISSION SENIO ECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2012 -003 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 January 18, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, LIEBERMAN, PERSAUD, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: FAESSEL, RAMIREZ IN WITNESS WHEREOF, I have hereunto set my hand this 18 day of January, 2012. SENIOR SECRETARY. ANAHEIM CITY PLANNING COMMISSION 4 PC2012 -003 EXHIBIT "A" DEV NO. 2011 -00123 APN: 232 - 011 -28 E ORANGEWOOD AVE Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feet. -5 PC2012 -003 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL CONDITIONS 1 This facility shall be used for a business school purposes only. Planning 2 The hours of operation for the business school shall be consistent with the letter of operation on file with the City of Anaheim Planning Department. Code Enforcement 3 On -going during project operation, no required parking area shall be fenced or otherwise enclosed for outdoor storage. Code Enforcement 4 No outdoor activities involving gathering of persons shall be permitted on -site. Code Enforcement 5 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 Nos. 1 through 3 (Site Plans and Floor Plan), and as conditioned herein. Planning EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2011-05581 AND VARIANCE NO. 2011-04880 (DEV2011- 00123) 6 PC2012 -003