Resolution-PC 2016-024RESOLUTION NO. PC2016-024
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT
NO. 2015-05848 AND VARIANCE NO. 2016-05065 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2015-00134)
(401 WEST LINCOLN AVENUE, SUITE 100)
WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission")
did receive a verified petition to approve Conditional Use Permit No. 2015-05848 and Variance
No. 2016-05065 to permit the expansion of the existing Real Barber's College educational
facility, and Variance No. 2016-05065 for fewer parking spaces than required by the Anaheim
Municipal Code (the "Code"), (herein referred to collectively as the "Proposed Project") on a
portion of that certain real property located at 401 West Lincoln 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 2.1 acres in size and is currently developed
with the El Camino Business Center consisting of three (3), two-story office buildings. The
Anaheim General Plan designates the Property for "Mixed Use" land uses. The Property is
located within the "O -L" Low Intensity Office Zone. As such, the Property is subject to the
zoning and development standards described in Chapter 18.08 (General Commercial Zone) of
the Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on March 21, 2016 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. 2015-05848 and Variance No. 2016-05065 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 the 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 "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
PC2016-024
WHEREAS, 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, among other things, the repair, maintenance, or minor
alteration of existing public or private structures, facilities, mechanical equipment, or
topographical features, involving negligible or no expansion of use beyond that existing at the
time of this determination. Section 15301 (Existing Facilities) of the CEQA Guidelines provides
examples of projects that might qualify for an exemption from the provisions of CEQA. The one
example that is applicable to the Proposed Project is for:
"(a) Interior or exterior alterations involving such things as interior partitions, plumbing,
and electrical conveyances;"
The Proposed Project meets the criteria of Section 15301 of the CEQA Guidelines, and,
therefore, pursuant to Section 15301 of Title 14 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
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 pertaining to the request for Conditional Use Permit No. 2015-05848, does find and
determine the following facts:
1. The proposed request to expand the existing Real Barber's College "Educational
Institutions — Business" use at the Property is within that class of primary uses within the "O -L"
Low Intensity Office Zone, which is subject to a conditional use permit as authorized under
Table 8-A of Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zones) of the Code.
2. The proposed 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. The Proposed Project will complement the other office uses in the business center
and will not operate in a manner that is detrimental to adjacent properties.
3. The size and shape of the site for the Barber's College 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 facilities on the Property will adhere to all required
development standards, with the exception of a parking variance as described below.
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
number of vehicles entering and exiting the site is consistent with Educational Institutions —
Business uses that are conditionally permitted in the "O -L" Low Intensity Office Zone.
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
Project will be compatible with the surrounding area through conditions of approval for the use
and is not a health or safety risk to the citizens of the City of Anaheim.
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WHEREAS, the number of off-street parking spaces required under the Code for the
expanded Educational Institution - Business use, when added to the total number of such parking
spaces required by the Code and the total number of such spaces that exist at the Property,
represents a small or de minimis increase. Nevertheless, because the number of parking spaces
required by the Code for all uses, including the Proposed Project, is less than the actual number
of parking spaces that exist, a variance must be approved for the Property; 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 pertaining to the request to expand an existing Educational Institution - Business use
with fewer parking spaces than required by Code, has determined that Variance No. 2016-05065
should be approved for the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(210 spaces required; 141 spaces provided)
1. The variance for the Property, under the conditions imposed, will not cause fewer
off-street parking spaces to be provided for the Property, including the proposed expansion of the
Educational Institution - Business use, than the number of such spaces necessary to
accommodate all vehicles attributable to all uses at the Property under the normal and reasonably
foreseeable conditions of operation of such uses;
2. The variance for the Property, 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 use because the on-site parking will adequately accommodate the peak parking
demands of all combined uses on the site;
3. The variance for the Property, under the conditions imposed, will not increase the
demand and competition for parking spaces upon adjacent private property in the immediate
vicinity of the Property because the on-site parking for the expanded Educational Institution -
Business use will adequately accommodate peak parking demands of all uses on the site;
4. The variance for the Property, under the conditions imposed, will not increase
traffic congestion within the off-street parking areas or lots provided for the Property because the
Property provides adequate ingress and egress points off of two arterial streets, which are
designed to allow for adequate on-site circulation; and
5. The variance for the Property, 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 Property because the Property 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
Property.
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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. 2015-05848 and Variance No. 2016-05065, 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. 2015-05848 and Variance
No. 2016-05065 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.
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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 21, 2016. 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.
t
CHAI , LANNING COMMISSION
OF THE CITY OF ANAHEIM
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 March 21, 2016, by the following vote of the
members thereof.
AYES: COMMISSIONERS: BOSTWICK, DALATI, HENNINGER,
LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: CALDWELL
IN WITNESS WHEREOF, I have hereunto set my hand this 21 st day of March, 2016.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEN' NO. 2015-00134
APN: 255-064-17
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Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2015-05848 AND
VARIANCE NO. 2016-05065
(DEV2015-00134)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS
1
The applicant shall be responsible for maintaining the area adjacent
Planning and Building
to the premises over which they have control, in an orderly fashion
Department,
through the provision of regular maintenance and removal of trash
Code Enforcement
or debris. Any graffiti painted or marked upon the premises or on
Division
any adjacent area under the control of the licensee shall be removed
or painted over within 24 hours of being applied.
2
The Project shall be operated in accordance with the plans and
Planning and Building
operations letter submitted as part of this application. Any changes
Department,
to the business operation depicted in the floor plan or as described in
Planning Services
that document shall be subject to review and approval by the
Division
Planning Director to determine substantial conformance with the
Letter of Request and to ensure compatibility with the surrounding
uses.
3
The maximum enrollment for the college shall not exceed 150
Planning and Building
students. There shall be no more than 75 students permitted on
Department,
campus at any given time.
Planning Services
Division
4
All staff and students of the Real Barber's College shall be required
Planning and Building
to park on-site.
Department,
Planning Services
Division
GENERAL CONDITIONS
5
Conditions of approval related to each of the timing milestones above
Planning and Building
shall be prominently displayed on plans submitted for permits. For
Department,
example, conditions of approval that are required to be complied with
Planning Services
prior to the issuance of building permits shall be provided on plans
submitted for building plan check. This requirement applies to
Division
building permits, grading permits, street improvement plans, water
and electrical plans, landscape irrigation plans, and fire and life safety
plans, etc.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
6
The Applicant is responsible for paying all charges related to the
Planning and Building
processing of this discretionary case application within 30 days of
Department,
the issuance of the final invoice or prior to the issuance of building
Planning Services
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.
7
The Applicant shall defend, indemnify, and hold harmless the City
Planning and Building
and its officials, officers, employees and agents (collectively
Department,
referred to individually and collectively as "Indemnitees") from any
Planning Services
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 property shall be developed substantially in accordance with
Planning and Building
plans and specifications submitted to the City of Anaheim by the
Department,
applicant and which plans are on file with the Planning Department
Planning Services
and as conditioned herein.
Division
9
The Real Barber's College shall be subject to a six month review by
Planning and Building
the Planning Commission, commencing from the date the Certificate
Department,
of Occupancy is issued for the college expansion. Planning
Planning Services
Department staff will report back to the Planning Commission as a
Division
"Reports and Recommendations" (R&R) item in order to verify that
the expanded school is operating without negative impacts to the
surrounding neighborhood. The applicant (Barber's College) shall
pay for the cost of processing this R&R item.
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