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Resolution-PC 2000-65• • RESOLUTION NO. PC2000-65 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2000-04208 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK 135, PAGES 19, 20, 21 AND 22 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 22, 2000 at 1:30 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 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations ira connection therewith; and WHEREAS, said 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: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.61.050.450 to establish a non-industrial medical/health care training school with waiver of the following: Sections 18.06.050.0263 - Minimum number of parking spaces. 18.06.080 (292 required; 133 proposed) and 18.61.066.050 2. That the parking waiver, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the pr~oposed use 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 the use because sufficient parking to accommodate the approved number of students and employees for this medical training school will be provided. 3. That based on the intensity of this use and the limitation on the number of students (in proportion to the number of parking spaces being provided), the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces on the public streets in the immediate vicinity of the proposed use. 4. That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces on adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with Section 18.06.010.020 of the Anaheim Municipal Code). 5. That the waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for such use. 6. That the waiver, 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 use. CR3973MS.DOC -1- PC2000-65 . -2- • 7. That granting of the parkimg waiver shall be deemed contingent upon operation of the approved use in conformance with the assumptions relating to the operation and intensity of the use as contained in the parking study that formed the basis for approval of said waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions as contained in the parking study shall be deemed a violation of the express co;nditions imposed upon said waiver which shall subject said waiver to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. 8. That the non-industrial medical training school, as conditioned herein, will not have an adverse impact on adjoining land uses and the growth and development of the area in which it is proposed to be located. 9. That the size and shape of the site for the proposed use, as conditioned herein, is adequate to allow full development of the non-industrial health care training school in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 10. That the traffic generated by the proposed use, as conditioned herein, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 11. That granting of this conditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 12. That no one indicated their presence at the public hearing in opposition to the proposal, and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to establish a non-industrial medical/health care training school with waiver of minimum number of parking spaces on a rectangularly-shaped 1.6-acre property located at the northeast corner of Woodland Drive and Magnolia Avenue, having frontages of 204 feet on the north side of Woodland Drive and 266 feet on the east side of Magnolia Avenue, and further described as 1200 North Magnolia Avenue; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: That this training school shall be limited to a maximum of one hundred seventy eight (178) students on-site at any single time, with at least thirty (30) minutes between classes to ensure that no overlapping class scheduling will occur. 2. That the hours of operation shall be li'mited to the following: Monday through Thursday: 7:45 a.m. to 10:30 p.m. Friday: 7:45 a.m. to 5:00 p.m. Any changes to these hours shall be submitted to the Planning Commission for review and approval as a"Reports and Recommendations" item. That all existing and proposed roof-mounted equipment shall be screened from view of the public rights-of-way and surrounding properties, in compliance with Section 18.61.030.100 of the Anaheim Municipal Code. -2- PC2000-65 • -3- ~ 4. That this property shall be permanen'tly maintained in an orderly fashion by the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 5. That the landscaping planters shall be permanently maintained with live and healthy plants. 6. That three (3) foot high address numbers shall be displayed on the flat area of the roof in a contrasting color to the roof material; provided, however, that the numbers shall not be visible to the street or adjacent properties. Said information shall be specifically shown on plans submitted for building permits. 7. That prior to commencing operation of this business, a valid business license shall be obtained from the Business License Division of the City of Anaheim Finance Department. That the proposal shall comply with all signing requirements of the ML "Limited Industrial" Zone unless a variance allowing sign waivers is approved by the Planning Commission or City Council. Any new signs shall be submitted to the Planning Commission for review and approval as a "Reports and Recommendations" item. That trash storage areas shall be maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division, and shall comply with approved plans on file with said Department. 10. That there shall be no public telephornes on these premises located outside the building. 11. That the legal property owner shall provide the City of Anaheim with a public utilities easement to be determined as electrical design is completed. 12. That the legal property owner shall verify the existence of, and/or grant an easement to the City of Anaheim for, electrical facilities. 13. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1, 2 and 3, and as conditioned herein. 14. That prior to commencement of the activity authorized by this resolution, or prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition No. 6, 11 and 12, above-mentioned, shall be complied with. 15. That prior to commencement of the activity authorized by this resolution or prior to the final building and zoning inspections, whichever occurs first, Condition Nos. 3 6, 10 and 13, above-mentioned, shall be complied with. 16. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning 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. BE IT FURTHER RESOLVED that the Anaheim City 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 ~anenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. -3- PC2000-65 • -4- • May 22, 2000. THE FOREGOING RESOLWTION was adopted at the Planning Commission meeting of ' ' ~ G~~z~ CHAIRP RSON,'ANAHEIM CI Y PLANNING COMMISSION ATTEST: C\I/ .yacfl SECRETAR , A EIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on May 22, 2000, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of , 2000. . ~J~IeC~ SECRE ARY, AHEIM CITY PLANNING COMMISSION -4- PC2000-65