Resolution-PC 2014-104RESOLUTION NO. PC2014 -104
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT NO. 2014 -05766 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00104)
(505 NORTH EUCLID STREET)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission ") did receive a verified petition to approve Conditional Use Permit No. 2014 -05766
to operate a charter school (referred to herein as the "Proposed Project ") within a portion of the
real property located at 505 N. Euclid Street in the City of Anaheim, County of Orange, State of
California, as generally depicted on the map attached hereto as Exhibit A and incorporated
herein by this reference (the "Property "); and
WHEREAS, the Property is approximately 3.2 acres in size and is currently
developed with a 6 -story office building, freestanding bank, and apartments. The Anaheim
General Plan designates the Property for Mixed Use land uses. The Property is located in the
"CG" General Commercial Zone. As such, the Property is subject to the zoning and
development standards described in Chapter 18.08 (Commercial Zones) of the Anaheim
Municipal Code (the "Code "); and
WHEREAS, as the "lead agency" under the California Environmental Quality Act
(Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning
Commission finds and determines that the Proposed Project is within that class of projects (i.e.,
Class 1 — Existing Facilities) which consist of the repair, maintenance, and /or minor alteration of
existing public or private structures or facilities, involving negligible or no expansion of use
beyond that existing at the time of this determination, and that, therefore, pursuant to Section
15301 of Title 14 of the California Code of Regulations, the Proposed Project will not cause a
significant effect on the environment and is, therefore, categorically exempt from the provisions
of CEQA; and
WHEREAS, on November 17, 2014, the Planning Commission did hold a public
hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been
duly given in accordance with the provisions of Chapter 18.60 (Procedures) of the Anaheim
Municipal Code (the "Code "), to hear and consider evidence for and against proposed
Conditional Use Permit No. 2014 -05766 and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, the 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 Proposed Project, does find and determine the
following facts:
1. The Proposed Project is an allowable primary use under the "Educational
Institutions — General" class of uses within the "CG" General Commercial Zone subject to a
conditional use permit under Subsection .010 of Section No. 18.08.030 of the Code.
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2. The Proposed Project 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 school
would be fully contained within the existing office building with no outdoor activities proposed.
No expansion or other physical changes to the exterior of the building are proposed;
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 developed with the office building
to be occupied by the school; and
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 because the
traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding
streets. The majority of students participating in the program are expected to take public
transportation; and
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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby approve Conditional Use Permit No. 2014 - 05766, contingent upon and subject to the
conditions of approval described in Exhibit B attached hereto and incorporated herein by this
reference, which are hereby found to be a necessary prerequisite to the proposed use of that
portion of the Property to be used for the Proposed Project 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
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 Code
and (iii) the applicant has demonstrated significant progress toward establishment of the use or
approved development.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation
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 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
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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 17, 2014. Said Resolution is subject to the appeal provisions set forth in Chapter
18.60 of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a
City Council Resolution in the event of an appeal.
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on November 17, 2014, by the following vote of the
members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, LIEBERMAN,
SEYMOUR
NOES: COMMISSIONERS: NONE
ABSTAINED: COMMISSIONERS: RAMIREZ
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 17 day of
November, 2014.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2014 -00104
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APN:072- 211 -22
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072- 211 -13
072- 211 -23
072 - 211 -41
072- 211 -24
072 - 211 -40
072 - 211 -42
' 072- 211 -39
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2014-05766
(DEV2014- 00104)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO COMMENCEMENT OF OPERATIONS
1
A building permit shall be obtained from the Building Division for the tenant
Planning Department,
improvement.
Planning Services
Public Works, Traffic
Engineering
OPERATIONAL CONDITIONS
2
The charter school shall be operated in accordance with the Statement of
Planning Department,
Operations submitted as part of this application. Any changes to the business
Planning Services
operation as described in that document shall be subject to review and approval
by the Planning Director to determine substantial conformance with the Letter
of Request and to ensure compatibility with the surrounding uses.
3
The property shall be permanently maintained in an orderly fashion through the
Planning Department,
provision of regular landscaping maintenance, removal of trash or debris, and
Code Enforcement
removal of graffiti within twenty four (24) hours from time of occurrence.
Division
GENERAL CONDITIONS
4
The subject Property shall be developed substantially in accordance with plans
Planning Department,
and specifications submitted to the City of Anaheim by the petitioner and which
Planning Services
plans are on file with the Planning Department, and as conditioned herein.
Division
5
The Applicant shall defend, indemnify, and hold harmless the City and its
Planning Department,
officials, officers, employees and agents (collectively referred to individually
Planning Services
and collectively as "Indemnitees ") from any and all claims, actions or
Division
proceedings brought against Indemnitees to attack, review, set aside, void, or
annul the decision of the Indemnitees concerning this permit or any of the
proceedings, acts or determinations taken, done, or made prior to the decision,
or to determine the reasonableness, legality or validity of any condition
attached thereto. The Applicant's indemnification is intended to include, but
not be limited to, damages, fees and/or costs awarded against or incurred by
Indemnitees and costs of suit, claim or litigation, including without limitation
attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees
in connection with such proceeding.
6
The applicant is responsible for paying all charges related to the processing of
Planning Department,
this discretionary case application within 30 days of the issuance of the final
Planning Services
invoice or prior to the issuance of building permits for this project, whichever
Division
occurs first. Failure to pay all charges shall result in delays in the issuance of
required permits or may result in the revocation of the approval of this
application.
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