Resolution-PC 2015-008RESOLUTION NO. PC2015 -008
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT NO. 2014 -05770
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00121)
(280 NORTH WILSHIRE AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission ") did receive a verified petition to approve Conditional Use Permit No. 2014 -05770
to convert an elderly residential care facility into educational housing (referred to herein as the
"Proposed Project ") for that certain real property located at 280 North Wilshire Avenue 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 0.7 acre in size and is currently
developed with an elderly residential care facility. The Anaheim General Plan designates the
Property for Commercial land uses. The Property is located in the "C -G" 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, the Proposed Project is a use not expressly authorized or permitted
in the "C -G" General Commercial Zone and is also not authorized or mentioned in any zone
throughout the City. Pursuant to the authority conferred upon the Planning Director by Section
18.66.040 (Approval Authority) of Chapter 18.66 (Conditional Use Permits) of the Code and,
specifically, paragraph .0201 of Subsection .020 (Unlisted Uses Permitted), the Planning
Director has found and determined that the Proposed Project does not fit into an existing use
class, as provided in subsection .020 (Inclusion of Specific Uses) of Section 18.36.020
(Classification of Uses), but may be authorized by conditional use permit until such time as the
Code is amended to include such a use; and
WHEREAS, on January 26, 2015, 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 Code, to hear
and consider evidence for and against proposed Conditional Use Permit No. 2014 -05770 and to
investigate and make findings and recommendations in connection therewith; and
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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 Conditional Use Permit No. 2014 -05770 to permit the
conversion of the improvements located on the Property from an elderly care facility to
educational housing does find and determine the following facts:
1. Pursuant to the authority conferred upon the Planning Director by Section
18.66.040 (Approval Authority) of Chapter 18.66 (Conditional Use Permits) of the Code and,
specifically, paragraph .0201 of Subsection .020 (Unlisted Uses Permitted), the Planning
Director has found and determined that the Proposed Project does not fit into an existing use
class, as provided in subsection .020 (Inclusion of Specific Uses) of Section 18.36.020
(Classification of Uses), but may be authorized by conditional use permit until such time as the
Code is amended to include such a use.
2. The proposed conditional use permit to allow educational housing, 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 compatible buildings and uses.
3. The size and shape of the site for the use is adequate to allow the full
development of the educational housing facility in a manner not detrimental to the particular area
or to the health and safety because the facility would be located within a property that is
surrounded by other office and residential uses.
4. The traffic generated by the educational housing 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 and adequate parking will be provided to accommodate the use since
the students would not be driving at any time.
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 as the proposed
land use will continue to be integrated with the surrounding area and would not pose a health or
safety risk to the citizens of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby approve Conditional Use Permit No. 2014 - 05770, 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 the
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 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.
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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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of January 26, 2015. 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.
CHAIRMAN PRO- TEMPORE, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
_X,9�� Z94��-
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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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 January 26, 2015, by the following vote of the
members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI,
LIEBERMAN, RAMIREZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: SEYMOUR
IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of
January, 2015.
y-
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2014 -00121
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2014-05770
(DEV2014- 00121)
NO. CONDITIONS OF APPROVAL
OPERATIONAL CONDITIONS
RESPONSIBLE
DEPARTMENT
The student housing facility shall be operated in accordance Planning Department,
with the Letter of Request submitted as part of this application. Planning Services Division
Any changes to the business operation as described in that j
document shall be subject to review and approval by the j
Planning Director to determine substantial conformance with
the Letter of Request and to ensure compatibility with the
surrounding uses.
GENERAL CONDITIONS
2 The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days
of the issuance of the final invoice or prior to the issuance of
building permits for this project, whichever occurs first. Failure
to pay all charges shall result in delays in the issuance of
j required permits or may result in the revocation of the approval
of this application.
The Applicant shall defend, indemnify, and hold harmless the
City and its officials, officers, employees and agents
(collectively referred to individually and collectively as
"Indemnitees ") from any and all claims, actions or 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.
Planning Department,
Planning Services Division
Planning Department,
Planning Services Division
4 The Property shall be developed substantially in accordance Planning Department,
with plans and specifications submitted to the City of Anaheim Planning Services Division
by the applicant and which plans are on file with the Planning
Department and as conditioned herein.
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