Resolution-PC 2015-058RESOLUTION NO. PC2015-058
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05813
AND VARIANCE NO. 2015-05027 AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2015-00067)
(100 NORTH HARBOR BOULEVARD)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred
to as the "Planning Commission") did receive a verified petition to approve Conditional Use
Permit No. 2015-05813 to permit an "adult educational and job training facility" in an existing
office building and Variance No. 2014-05027 to permit fewer off-street parking spaces than
required by the Zoning Code (herein referred to collectively as the "Proposed Project") for
certain real property at 100 North Harbor Boulevard, 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, consisting of approximately 2.1 acres is currently
developed with an office building. The Anaheim General Plan designates the Property for
Mixed Use land uses. The Property is located in the "O -L" Low Intensity Office Zone and is
subject to the zoning and development standards of Chapter 18.08 (Commercial Zones) of the
Zoning Code (the "Code");
WHEREAS, this Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on August 24, 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
(Procedures) of the Code, to hear and consider evidence for and against proposed Conditional
Use Permit No. 2015-05813 and Variance No. 2015-05027 and to investigate and make findings
and recommendations in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for Implementation of the California Environmental
Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA
Procedure Manual, the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project; and
WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local
CEQA Procedure Manual, the Planning Commission finds and determines that the effects of the
Proposed Project are typical of those generated 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
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
- 1 - PC2015-058
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 request for Conditional Use Permit No. 2015-05813, does find
and determine the following:
1. The request for a conditional use permit to permit an "adult educational and job
training facility" is considered to be within the Zoning Code definition of an "Educational
Institution", i.e., "[a] public, parochial, private, charitable or nonprofit institution that provides
educational instruction to students over the age of five (5) years" and, for purposes of this
application, is considered to be an "Educational Institution - Business". An 'Educational
Institution - Business" is a permitted primary use in the "O -L" Low Intensity Office Zone subject
to a conditional use permit under Subsection .010 of Section 18.08.030 of the Code.
2. The conditional use permit, under the conditions imposed, will not adversely
affect the surrounding land uses and the growth and development of the area because the
Property is developed with a office building and, based upon the parking justification letter
described below, there are a sufficient number of parking spaces in the parking lot to
accommodate the parking demand for all proposed uses.
3. The size and shape of the Property is adequate to allow the full operation of the
proposed use in a manner not detrimental to the particular area or to the health, safety and
general welfare.
4. The traffic generated by the use would not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because the number
of vehicles entering and exiting the site would not exceed the typical office uses that would be
permitted as a matter of right within the "O -L" Office Low Zone.
5. The granting of Conditional Use Permit No. 2015-05813 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.
WHEREAS, based upon the parking justification letter submitted by the applicant,
the Planning Commission does further find and determine that the request for Variance No.
2015-05027 to permit less parking than required by the Code in conjunction with job training
and educational facility within an existing office building should be approved for the following
reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(189 spaces required; 141 spaces proposed)
1. That the parking variance, under the conditions imposed, will not cause fewer off-
street parking spaces to be provided for the Proposed Project than the number of such spaces
necessary to accommodate all vehicles attributable to such use under the normal and reasonably
foreseeable conditions of operation of such use because the site has ample parking spaces to
accommodate the use on the site. A parking justification letter and analysis was prepared by the
applicant, determining that the current number of parking spaces is sufficient to accommodate
the use. Because the majority of students will take public transportation to the facility ample
parking spaces would be available for all uses on the site; and
- 2 - PC2015-058
2. That the parking variance, under the conditions imposed, will not increase the
demand and competition for parking spaces upon the public streets in the immediate vicinity of
the Proposed Project because the on-site parking on the Property will adequately accommodate
the parking demands of the Proposed Project; and
3. That the parking variance, under the conditions imposed, will not increase the demand
and competition for parking spaces upon adjacent private property in the immediate vicinity of the
Proposed Project because the on-site parking on the Property will adequately accommodate
parking demands of all uses on the site; and
4. That the parking variance, under the conditions imposed, will not increase traffic
congestion within the off-street parking areas or lots provided for the Proposed Project because
the project site provides adequate ingress and egress points to the Property and are designed to
allow for adequate on-site circulation; and
5. That the parking variance, under the conditions imposed, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of
the Proposed Project because the project site has existing ingress or egress access points that are
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 office
building; and
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 that the Planning Commission does hereby
approve Conditional Use Permit No. 2015-05813 and Variance No. 2015-05027, contingent
upon and subject to the conditions of approval set forth 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 under Conditional Use Permit No. 2015-05813 and Variance
No. 2015-05027 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.
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.
- 3 - PC2015-058
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 August 24, 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.
a
a
CHA AN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
,i
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM 1
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 August 24, 2015 by the following vote of the
members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, HENNINGER,
LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of August, 2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - PC2015-058
EXHIBIT "A"
DEV NO. 2015-00067
AP N : 255-064-17
w cNAVLOtts s�
g0,
N
�3
O
to
00
50 100
Feet
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
- 5 - PC2015-058
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2015-05813 AND
VARIANCE NO. 2015-05027
(DEV2015-00067)
- 6 - PC2015-058
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
OPERATIONAL CONDITIONS
1.
The business shall be operated in accordance with the Letter of
Planning & Building
Request submitted as part of this application. Any changes to the
Department, Planning
business operation as described in that document shall be subject to
Services Division
review and approval by the Planning Director to determine
substantial conformance with the Letter of Request and to ensure
compatibility with the surrounding uses.
2.
No Loitering - 647b P.C." signs shall be posted at the entrances to
parking lots/structures as well as pedestrian gathering places. Signs
Police Department,
must be at least 2' x 1' in overall size, with white background and
Planning & Research
black 2" lettering. Signage may be combined with "No Trespassing
Unit
— 602(k) P.C." requirement provided both code sections are
referenced as shown. Additionally, occupant shall instruct students
not to loiter and to leave the premises within a reasonably short
period of time following their classes and/or business with the
school.
3.
Adequate lighting of parking lots, passageways, recesses, and grounds
Police Department,
contiguous to buildings shall be maintained with lighting of sufficient
Planning & Research
wattage to provide adequate illumination to make clearly visible the
Unit
presence of any person on or about the premises during the hours of
darkness and provide a safe, secure environment for all person,
property, and vehicles on-site.
4'
On-going during project operation, no required parking areas shall be
Public Works, Traffic
and Transportation
fenced or otherwise enclosed for outdoor storage uses.
Division
5.
Any graffiti painted or marked upon the premises or on any adjacent
Planning & Building
area under the control of the business owner shall be removed or
Department,
painted over within 24 hours of being applied or its discovery by the
Code Enforcement
business owner.
Division
GENERAL CONDITIONS OF APPROVAL
6.
The subject Property shall be developed substantially in accordance
Planning & Building
with plans and specifications submitted to the City of Anaheim by
Department, Planning
the petitioner and which plans are on file with the Planning
Services Division
Department, and as conditioned herein.
- 6 - PC2015-058
- 7 - PC2015-058
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
7.
The Applicant shall defend, indemnify, and hold harmless the City
Planning & Building
and its officials, officers, employees and agents (collectively
Department,
referred to individually and collectively as "Indemnitees") from any
Code Enforcement
and all claims, actions or proceedings brought against Indemnitees
Division
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.
The applicant is responsible for paying all charges related to the
Planning & Building
processing of this discretionary case application within 30 days of the
Department,
issuance of the final invoice or prior to the issuance of building
Code Enforcement
permits for this project, whichever occurs first. Failure to pay all
Division
charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
9.
The subject Property shall be developed substantially in accordance
Planning & Building
with plans and specifications submitted to the City of Anaheim by
Department,
the petitioner and which plans are on file with the Planning
Code Enforcement
Department, and as conditioned herein.
Division
- 7 - PC2015-058