Loading...
Resolution-PC 2015-009RESOLUTION NO. PC2015 -009 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2014 -05768 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014- 00106) (412 WEST CARL KARCHER WAY AND 1180 NORTH LA PALMA PARKWAY) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission ") did receive a verified petition to approve Conditional Use Permit No. 2014 -05768 to permit a charter school within an existing office building and two modular classroom buildings (referred to herein as the "Proposed Project ") for that certain real property located at 412 West Carl Karcher Way and 1180 North La Palma Park Way 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 0.64 acres in size and is currently developed with a 10,590 square foot, one story commercial building. The Anaheim General Plan designates the Property for Parks land uses. The Property is located in the "RM -4" Multiple Family Residential Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.06 (Multiple Family Residential Zones) of the Anaheim Municipal Code (the "Code ") and is a permitted use within the "RM -4" Multiple Family Residential Zone subject to approval of a conditional use permit; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA ") and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines "), the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, 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 the State CEQA Guidelines, 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 Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 26, 2015 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 Chapter 18.60 of the Anaheim Municipal Code, to hear and consider evidence and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and - 1 - PC2015 -009 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, does find and determine the following facts with respect to Conditional Use Permit No. 2014 - 05768: 1. The request to permit the Proposed Project is an allowable use within the RM -4 Multiple Family Residential Zone under Subsection .010 of Section 18.06.030 of the Code provided that a conditional use permit is approved; and 2. The Proposed Project would not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located. The Proposed Project will operate in conjunction with the adjacent GOALS facility to the east and will not have an adverse impact to the surrounding commercial uses; and 3. The size and shape of the site is adequate to allow the full development of the Proposed Project, in a manner not detrimental to either the particular area or health and safety because the site can accommodate the parking, traffic, trash collection, and circulation without creating detrimental effects on adjacent properties; 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 Proposed Project has been designed with three separate drop -off areas so as to minimize traffic congestion on the surrounding streets; and 5. The granting of Conditional Use Permit No. 2014 -05768 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, subject to compliance with the conditions contained herein. WHEREAS, the Planning Commission determines that the evidence in the record constitutes .substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission, for the reasons hereinabove stated, that Conditional Use Permit No. 2014 -05768 is hereby approved, contingent upon and subject to the conditions of approval described in Exhibit B attached hereto, are hereby found to be a necessary prerequisite to the proposed use of the Property under Conditional Use Permit No. 2014 -05768 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, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. -2- PC2015 -009 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 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 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 (Procedures) 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: Z�� zzyd-2� SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2015 -009 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 26 day of January, 2015. r '4� ECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2015 -009 EXHIBIT "A" DEV NO. 2014-00106 W CARL KARCHER WAY • W VICTOR AVE WJULIANNA ST r, so ino Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. - 5 - PC2015-009 W ROMNEYA DR EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2014-05768 (DEV2014- 00106) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO THE ISSUANCE OF BUILDING PERMITS 1 All backflow equipment shall be located above ground outside of the street Public Utilities, setback area in a manner fully screened from all public streets and alleys. Water Engineering Any backflow assemblies currently installed in a vault will have to be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. 2 A building permit shall be obtained from the Building Division for all Planning Department, interior and exterior building improvements. Planning and Building Divisions OPERATIONAL CONDITIONS 3 The business shall be operated in accordance with the Letter of Request Planning Department, 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 and Code approval by the Planning Director to determine substantial conformance Enforcement with the Letter of Request and to ensure compatibility with the surrounding Divisions uses. 4 The business shall be operated in accordance with the "School Parking, Planning Department Drop -Off, and Pick -Up Operations and Safety Plan" submitted as part of Public Works this application. Any changes to the operations as described in that Department, Traffic document shall be subject to review and approval by the Planning and Engineering Division Public Works Department Directors to determine substantial conformance with that document and to ensure compatibility with the surrounding uses. 5 The number of students in attendance at the school shall not exceed 210 Planning Department, persons. Code Enforcement Division GENERAL 6 The business shall not use La Palma Park for school - related parking and /or Community Services recreational activities without prior approval from the Director of the Department Community Services Department. -6- PC2015 -009 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 7 The subject Property shall be developed substantially in accordance with Planning Department, plans and specifications submitted to the City of Anaheim by the applicant Planning Services and which plans are on file with the Planning Department, and as Division conditioned herein. 8 Any Graffiti painted or marked upon the premises or on any adjacent area Planning Department, under the control of the licensee shall be removed or painted over within Code Enforcement 24 hours of being applied. Division 9 Trash storage areas shall be provided and maintained in a location acceptable Public Works to the Public Works Department, Streets and Sanitation Division and in Department, Streets accordance with approved plans on file with said Department. Said storage and Sanitation areas shall be designed, located and screened so as not to be readily Division identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum 1- gallon size clinging vines planted on maximum 3 -foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 10 Vehicle gates shall not be installed across the project driveway or access Public Works, Traffic roads without providing a vehicle turnaround area. Any proposed gates shall Engineering be reviewed and approved by the Public Works, Traffic Engineering Division. 11 Conditions of approval related to each of the timing milestones above shall Planning Department, be prominently displayed on plans submitted for permits. For example, Planning Services conditions of approval that are required to be complied with prior to the Division issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. 12 The applicant is responsible for paying all charges related to the processing Planning Department, of this discretionary case application within 30 days of the issuance of the Planning Services final invoice or prior to the issuance of building permits for this project, Division whichever 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. -7- PC2015 -009 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 13 The Applicant shall defend, indemnify, and hold harmless the City and its Planning Department, officials, officers, employees and agents (collectively referred to Planning Services individually and collectively as "Indemnitees ") from any and all claims, Division 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. -8- PC2015 -009