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Resolution-PC 2018-062RESOLUTION NO. PC2018-062 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2018-05991 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2018-00136) (1900 SOUTH STATE COLLEGE BOULEVARD) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission") did receive a verified Petition for Conditional Use Permit to establish an Emergency Medical Technician (EMT) training school on certain real property located at 1900 South State College Boulevard in the City of Anaheim, County of Orange, State of California, and generally depicted on Exhibit "A", attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property, approximately 1.58 -acres in size, is currently developed with an office building and is located in the Public Recreation (PR) zone, in the Platinum Triangle Mixed Use (PTMU) Overlay, Stadium District and the Anaheim General Plan designates this property for Mixed Use land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 10, 2018, 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 the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit (the "Proposed Project") 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 (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 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 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 City 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 a conditional use permit, does find and determine the following facts: - 1 - PC2018-062 I . That an educational institution in the Public Recreation (PR) zone is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.14.030.0402 (Educational Institution -Business). 2. That the educational institution would not adversely affect the adjoining commercial and public recreation land uses and the growth and development of the area in which it is proposed to be located because the property is currently improved with an office building and hours of operation would be compatible with surrounding uses. 3. That 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 improved with an office building and no expansion is proposed. 4. That the traffic generated by the education institution would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the use is consistent with other uses in the office building and no expansion is proposed. 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 because the proposed land use would be compatible with the surrounding uses and would not pose a health or safety risk to the citizens of the City of Anaheim. WHEREAS, this 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. This Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. THEREFORE BE IT RESOLVED that, pursuant to the above findings, the Planning Commission does hereby approve Conditional Use Permit No. 2018-05991 subject to the conditions of approval described in Exhibit `B" attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject 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 Anaheim Municipal 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 Anaheim Municipal 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. - 2 - PC2018-062 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 December 10, 2018. 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. CHA PERSON, PLANN G COMMISSION HE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 3 - PC2018-062 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 December 10, 2018 by the following vote of the members thereof. AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE, KEYS, LIEBERMAN, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of December, 2018. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2018-062 EXHIBIT "A" DEQ' NO. 2018-00136 APN: 232-091-49 z 1 2 J 304' a uj Ln l7 J CN 0 ap V v W 254 Ln E GENE AUTRY WAY =_ a v Source: Remarried Trac# tdaFs andicr CityGIS. Please nate the accuracy 's +,t o tc five feet. - 5 - PC2018-062 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2018-05991 (DEV2018-00136) - 6 - PC2018-062 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT OPERATIONAL CONDITIONS 1 Any graffiti painted or marked upon the premises or on any adjacent Planning and Building area under the control of the business owner shall be removed or Department, painted over within 24 hours of being applied. Code Enforcement Division 2 The business shall be operated in accordance with the Letter of Planning and Building Request submitted as part of this application. Any changes to the Department, business operation as described in that document shall be subject to review and approval by the Planning Director to determine substantial Planning Services conformance with the Letter of Request and to ensure compatibility Division with the surrounding uses. 3 Prior to the commencement of the business operation, all of the proper Planning and Building permits and occupancy requirements shall be reviewed and approved Department, by the Building Division. Planning Services and Building Divisions 4 Conditional Use Permit No. 2018-05991 shall be null and void if the Planning and Building Parking Agreement is ever terminated, unless the applicant Department, demonstrates adequate parking is provided either (i) at alternative locations through a parking license agreement with public and/or Planning Services private owners of parking facilities within the vicinity, or (ii) by other Division information satisfactory to the Planning and Building Department. The adequacy of the proposed parking changes shall be subject to the approval of the Planning Commission and may be addressed in an amendment to this CUP. GENERAL CONDITIONS OF APPROVAL 5 The Applicant shall defend, indemnify, and hold harmless the City Planning and Building and its officials, officers, employees and agents (collectively referred Department, to individually and collectively as "Indemnitees") from any and all claims, actions or proceedings brought against Indemnitees to attack, Planning Services review, set aside, void, or annul the decision of the Indemnitees Division 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 - 6 - PC2018-062 - 7 - PC2018-062 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 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 Planning and 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 permits for this project, whichever occurs first. Failure to pay all charges shall Planning Services result in delays in the issuance of required permits or may result in the Division revocation of the approval of this application. 7 The subject Property shall be developed substantially in accordance Planning and Building with plans and specifications submitted to the City of Anaheim by Department, the petitioner and which plans are on file with the Planning Department, and as conditioned herein. Planning Services Division 8 Conditional Use Permit No. 2009-05407 shall be terminated upon Planning and Building approval of Conditional Use Permit No. 2018-05991. Department, Planning Services Division - 7 - PC2018-062