Resolution-PC 2005-5• •
RESOLUTION NO. PC2005-5
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION fOR VARIANCE N0.2004-04631 BE GRANTED
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Variance
for certain real property situated in the City of Anaheim, County of Orange, State of California described as:
PARCEL A: PARCEL NO. 4, IN THE CITY OF ANAHEIM, COUNl"Y OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 79, PAGES 43
AND 44 OF PARCEL MAPS, RECORDS OF SAID ORANGE COUNTY.
WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Civic Center
in the City,of Anaheim on November 15, 2004, at 2:00 p.m., notice of said public hearing having been duly
given as required by law and in accordance with theprovisions of the Anaheim Municipal Code, Chapter
18.60 (Procedures), to hear and consider evidence for and against said proposed conditional use permit and
to investigate and make findings and recommendations in connection therewith; and that said public hearing
was continued to the December 13, 2004, and to the January 10, 2005, Planning Commission meetings; 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 petitioner proposes waiver of the following to permit a computer vocational schooL•
SECTION NO. 18.42.040.010 Minimum number of parkinq spaces
180 required; 102 proposed and recommended
by the Traffic and Transportation Manager)
2. That the waiver, based on the parking study submitted by the applicant and under the
conditions imposed, will not cause fewer off-street parking spaces to be provided because the 102 parking
spaces proposed are adequate based upon the peak parking demand of 89 spaces on Thursdays and 81
spaces on Tuesdays being substantially less than the 102 spaces proposed for the combined uses on the .
property.
3. That the waiver, 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 since the 102
proposed parking spaces are adequate to meet the peak demand to accommodate employees and the
occasional visitor to the site.
4. That the waiver, 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 use as the
project site provides more than adequate on site parking for the school and other uses on the property.
5. That the waiver, under the conditions imposed, will not increase traffic congestion within the
off-street parking areas or lots provided for the proposed 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.
7. That the proposed use as conditioned herein will not adversely affect the adjoining land uses
and the growth and development of the area in which it is located.
8. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because the site contains ample
area for circulation for the school, restaurant and offices entirely on the property,
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9. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to subject petition:
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to waive minimum number of parking spaces to permit a computer
vocational school 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 reviewprocess 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 RESOL:VED that the Anaheim Planning Commission does
hereby grant subject Petition for Variance, 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 health and safety
of the Citizens of the City of Anaheim:
1. That the hours of operation for the computer vocational school shall be Monday through Thursday 8
a.m. to 2 p.m. (morning shift) and 5 p.m. to 9 p.m. (evening shift) and Friday from 8 a.m. to 12 p.m. At
no time shall the school operate after 12 p.m. on Fridays or at any time on Saturdays or Sundays.
2. That evening classes shall be limited to a maximum of 10 students based on the recommendation of the
City Traffic and Transportation Manager.
3. That the property shall be permanently maintained in an orderly fashion through the provision of regular
landscaping maintenance, removal of trash and debris, and removal of graffiti within twenty four (24)
hours from time ofioccurrence. '
4. That gates shall not be installed across the driveway in a manner, which may adversely affect vehicular
traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan
No. 475 and shaN be subject to the review and approval by the City Traffic and Transportation Manager.
5. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use.
6. That adequate lighting of parking lots, driveways, circulation areas, and grounds contiguous to buildings
shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly
visible the presence of any person on or about thepremises during the hours of darkness and provide a
safe, secure environment for all persons, property and vehicles onsite. That the minimum lighting level
in all parking lots shall be one-foot candle, with a maximum to minimum ratio no greater than 15:1. Said
information shall be specifically shown on plans submitted for Police Department, Community Services
Division approvaL
7. That if an alarm system is installed, a Burglar/Robbery Alarm permit application, Form APD 515 shall be
obtained from the Police Department and submitted in a complete form.
8. That an Emergency Listing Card; Form APD-281 shall be obtained from the Police Department and
submitted in a complete form.
9. That trash storage areas shall be refurbished, including painting the enclosure gates, to comply with
approved plans on file with the Public Works Department.
10. That 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 and 2, and as conditioned herein.
11. That due to a change in use and occupancy of the building, plans shall be submitted to the Building
Division showing compliance with the minimum standards of the City of Anaheim, including the Uniform
Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim. The
appropriate permits shall be obtained for any necessary work.
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12. That within sixty (60) days from the date of this resolution, Condition Nos., 6, 7, 8, 9 and 10
herein-mentioned, shall be complied with. Extensions for further time to complete said conditions may
be granted in accordance with Section 18.40.040.040 and 18.42.040.010 of the Anaheim Municipal
Code. '
13. 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 otherapplicable 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 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 the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 7 days of the 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 result in defays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 10, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60,
"Procedures" of the Anaheim Municipal Code pertaining to appeal pro du d may be replaced by a City
Council Resolution in the event of an appeaL
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~CHAIR AN ANA EIM PLANNING COMMISSION
ATTL~T:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
S7ATE OF CALIFORNIA )
COUNTY O_F ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior Secretary of the Anaheim Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on
January 10, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: O'CONNELL
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this -~S-~day of
~ , 2005. _ /~ „
ENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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PC2005-5