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Resolution-PC 2012-008RESOLUTION NO. PC2012 -008 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND AMENDING CONDITIONAL USE PERMIT NO. 3709, APPROVING VARIANCE NO. 2012 - 04884, AND AMENDING CONDITIONS OF APPROVAL OF RESOLUTION NO. ZA94 -21 (CUP2011 -05589 AND DEV2010- 00145) (730 NORTH EUCLID STREET) WHEREAS, on August 18, 1994, the Anaheim Zoning Administrator did, by its Resolution No. ZA94 -21, granted Conditional Use Permit No. 3709 to permit a private educational facility with less parking than required by Code; and WHEREAS, the Anaheim City Planning Commission (hereinafter "Planning Commission ") did receive a verified Petition to amend Conditional Use Permit No. 3709 (Conditional Use Permit No. 2011- 05589) and permit Variance No. 2012 -04884 to add modular classrooms to an existing private school with less parking than required by Code for that certain real property located at 730 North Euclid Street in the City of Anaheim, County of Orange, State Of California, as more particularly shown in Exhibit "A ", attached hereto and incorporated herein by this reference (the "subject property "); and WHEREAS, this 1.8 -acre property is developed with a 33,000 square foot 3 -story office building. The property is located in the C -G (General Commercial) zone and the Anaheim General PIan designates the property for Office Low land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 13, 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 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, does find and determine the following facts: 1. The proposed request to permit the expansion of an existing private university with a variance to allow fewer parking spaces than required by Code in the C -G (General Commercial) Zone is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.30.010 (Educational Institutions - Business). 2. The proposed amendment to the conditional use permit, 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 proposed expansion would be compatible with surrounding uses which include offices, a fast food restaurant, and an apartment complex. 1 - PC2012 -008 3. The size and shape of the site for the use is adequate to allow the full development of the proposed project in a manner not detrimental to the particular area or to the health and safety because the site is large enough to accommodate all uses on the property. 4. The traffic generated by the proposed project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. 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 project will be compatible with the surrounding area. 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 a private university expansion should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum required parking spaces (489 spaces required; 142 proposed) 1. The requested variance, under the conditions imposed, will not cause fewer off - street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use based upon conclusions contained in the parking study prepared by Traffic Safety Engineers, dated December 5, 2011, determining the necessary demand for parking spaces for the proposed project. The study concludes that the demand for the entire university, including the nursing school expansion, is less than required by Code based upon the staggered class schedules and the use of shuttles by international students who make up a majority of the student body. For these reasons, this request will not cause fewer off - street parking spaces to be provided for the proposed use than the number of such spaces necessary. 2. The variance will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because all parking will be contained on the subject property. 3. The variance will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because all parking will be contained on the subject property. 4. The variance will not increase traffic congestion within the off - street parking areas or lots provided for the proposed use because the streets and highways are designed and improved to carry the traffic in the area. 5. The variance will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the project does not propose new ingress or egress points and is designed to allow adequate on -site circulation. 2 - PC2012 -008 WHEREAS, the Planning Commission has reviewed the proposal and does hereby find that 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 Planning Commission, for the reasons hereinabove specified does hereby grant the amendment to Conditional Use Permit No. 3709 (Conditional Use Permit No. 2011- 05589) to add modular classrooms to an existing private school and Variance No. 2012 -04884 to allow less parking than required by Code. BE IT FURTHER RESOLVED, that the Planning Commission does hereby amend and restate the conditions of approval adopted in connection with Resolution No. ZA94- 21, approving Conditional Use Permit No. 3709, to read as stated in Exhibit `B" attached hereto and incorporated herein by this reference, which conditions 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, except as expressly amended herein, the provisions contained in Resolution No. ZA94 -21, approving Conditional Use Permit No. 3709, shall remain in full force and effect. BE IT FURTHER RESOLVED, that this approval is granted for a period of three (3) years and that 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. - 3 - PC2012 -008 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 w.. adopted at the Planning Commission meeting of February 13, 2012. ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION �\ Y SENIOR SEC4.ETARY, ANAHEIM CITY PLANNING COMMISSION I, Grace Medina, 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 13, 2012. by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, FAESSEL, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: PERSAUD VACANT: COMMISSIONERS: ONE VACANCY IN WITNESS WHEREOF, I have hereunto set my hand this 13` day of February, 2012. / - SENIOR SECRETARY, ANAHEIM CITY COMMISSION - 4 - PC2012 -008 EXHIBIT "A" DES' NO. 2011 -00145 W GLENOAKS AVE sO 100 Fed W CATALPA OR Jl Source: Recorded Tract Maps andlor CRy GIS Please note the accuracy is +!- two to five feet. 5 PC2012 -008 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO ISSUANCE OF A BUILDING PERMIT 1 The proper building permits shall be obtained for the proposed modular buildings. Planning, Building, Fire GENERAL CA Adequate lighting of parking lots, driveway, circulation areas, aisles, 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 persons, property, and vehicles on -site. Police 3 Due to the temporary nature of the proposed use, this permit shall expire three (3) years from the date of this approval. Planning 4 The granting of the parking variance is contingent upon operation of this facility in conformance with the assumptions and/or conclusions relating to the operation and intensity of use as contained in the parking study dated December 5, 2011 prepared by Traffic Safety Engineers, which formed the basis for approval of said variance. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in the parking study, may subject this variance to termination pursuant to the provisions of Chapter 18.60 - Procedures of the Anaheim Municipal Code. Planning 5 No required parking area shall be fenced or otherwise enclosed for storage or other outdoor use. Code Enforcement 6 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 24 hours of being applied. Code Enforcement 7 This property shall be developed substantially in accordance with the plans, technical studies and specifications submitted to the City of Anaheim by the applicant and as conditioned herein, which include the Site Plans and Floor Plans (Exhibit Nos. 1 -3). Said plans and studies are on file in the Planning Department. Planning EXHIBIT `B" AMENDMENT TO CONDITIONAL USE PERMIT NO. 3709 AND VARIANCE NO. 2012-04884 (CONDITIONAL USE PERMIT NO. 2011-05589 AND DEV2011- 00145) 6 PC2012 -008