Resolution-PC 2007-29~ ~
RESOLUTION NO: PC2007-29
A RESOLU710N OF THE ANAHEIM PLANNING COMMISSION OF THE CITY
OF ANAHEIM APPROVING AN AMENDMENT TO;CERTAIN CONDITIONS
OFAPPROVAL W CONDITIONAL IJSE PERMIT NO. 3156 AND AMENDING
RESOLUTION NO. PC89-131
(701;EAST BALL ROAD) '
WHEREAS, the Anaheim Planning Commission did receive a'verified Petition for Conditional
Use Permit for certain real propertysituated in the City of Anaheim, County of Orange, State of California,
described as:
PARCEL A:
PARCEL 2 OF PARCEL MAPNO. 86-205, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON TME MAP FILED IN BOOK 225,
PAGES 43 AND 44 OF PARCEL MAPS, IN THE OFFICE OFTHE COUNTY '
RECORDER OF SAID COUNTY.
PARCEL B:
NON-EXCWSIVE EASEMENTS FOR VEHICULAR AND PEDESTRIAN ACCESS,
iNGRESS AND EGRESS, AS SAID EASEMENTS ARE SET FORTH IN THAT
CERTAW GRANT OF RECIPROCAL ACCESS EASEMENT AND AGREEMENT
BETWEEN LANDOWNERS RECORDED JULY20, 1988 AS INSTRUMENT NO. 88-
349066 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA OVER 7HAT
PORTION OF PARCEL 1 OF PARCEL MAP NO. 86-205, AS SHOWN ON A MAP
FILED IN BOOK 255, PAGES 43 AND 44 OF PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH WEST CORNER OF SAID PARCEL 1; THENCE ALONG
THE WESTERLY LINE OF SAID PARCEL1 NORTH 15° 22' 51" WEST 820.21 FEET;
THENCE NORTH 74° 26; 13" EAST 25.00 FEET; THENCE SOUTH 15° 22' 51".WEST
703.67 FEET TQ THE BEGINNING OF A CURVE CONCAVE EASTERLY AND
HAVING A RADIUS OF 180.00 FEET. THENCE SOUTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 5° 21' 30", AND ARC DISTANCE QF 16.83 FEET
THENCE SOUTH 20° 44' 21" EAST 42.21 FEET TO THE BEGINNING OF A CURVE
CONCAVE WESTERLY AND HAVING A RADIUS OF 180.00 FEET; THENCE
SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20° 41' 17"
AN ARC QISTANCE OF 64.99 FEET, THENCE SOUTH 89° 56' 56" WEST 25.00 FEET
TO THE PONT OF BEGINNING.
WHEREAS, on June 19, 1989, the Anaheim City Planning Commission, by Resolution No.
PC89-131, granted Conditional Use Permit No. 3156 to permit industrially related office uses within an
existing industrial complex with waivers of minimum width of "small ca~" parking spaces, maximum number of
"small car" parking spaces, and minimum number of parking spaces at 701-741 East Ball Road; and
WHEREAS, this property is currently developed with an industrial business park and is
zoned I(Industrial); and the Anaheim General Plan designates this property for Low Density Office uses; and
WHEREAS, the applicant has requested to amend the previously approved Conditional Use
Permit No. 3156 to amend an existing conditional use permit to allow office uses in an existing industrial
complex pursuant to 18.60.190.030 of the Anaheim Municipal Code; and has also requested to permit a
businessleducational school pursuant to 18.10.030.040.0402 of the Anaheim Municipal Code; and
Cr\PC2007-29 -1- PC2007-29
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: WHEREAS, the Planning Commission did hold a public Mearing at the Civic Center in the
City of Anaheim on April 2, 2007, at 2:30 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 18.60, 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
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 request to amend an existing conditional use permit to allow office uses in _
an existing industrial complex and to permit a business/educational school is properly one for which a
conditionai use permit is authorizedby Anaheim Municipal Code Section Nos. 18.60.190.030 (Amendment of
Permit Approval) and 18:10.030.040.0402 (Offices-General and Educational Institutions-Business).
2. That the existing and continued use will not adversely affecf the adjoining land uses or the
growth and developmenf of the area in which it is proposed to be located.
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 or the health and safety in that there is no new square
footage proposed with this request.
4. That the traffic generated by the use will not impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area since the industrial park and school are
existing and the uses have not generated a significant increase in traffic.
5. That 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.
6. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning staff has
determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301,
Class 1(Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the
requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Anaheim
that the amendment to Conditional Use Permit No. 3156, to permit office uses in an existing industrial
complex and to permit a business/educational school, is approved.
BE IT FURTHER RESOLVED by the Planning Commission of the City of Anaheim that the
conditions of approval Meretofore imposed on Conditional Use Permit No. 3156, as set forth in City Planning
Commission Resolution No. PC.89-131 be, and the same are hereby, amended in their entirety, to read as
follows:
1. That this facility shall be used for educational, vocational and training activities only.
2. That the school shall operate in accordance with the letter of operation. The total number of driving
staff and students at the school should not exceed the maximum parking allocation of 27 spaces.
3. That due to the change in use and/or occupancy of the building, plans shall be submitted to the
Building division showing compliance with the minimum standards of the City of Anaheim, including
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the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of
Anaheim. .
4. Anyrequired relocation of City electrical facilities will be at property owner/developer expense.
Landscape and/hardscape $creening of all pad mounted equipment will be required and shall be
outside the easement are of the equipment. '
Prior to final buildinq and zonina inspections the followinq conditions shall be complied with: :
5. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the applicant and which plans are on file with the Planning
Department marked Exhibit Nos.: 1 through 3, and as conditioned herein.
6. That the applicant shall file an Emergency L:isting Card, Form APD-281, with.thePolice Department.
General Conditions:
7. That the property shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance, removai of trash or debris, and removal of graSfiti within twenty-four (24)
hours from time of discovery. '
8. That no outdoor activities involving gathering of persons shall be permitted on-site.
9. That approval of this application constitutes approval of the proposed request only#o the extent that
it compfies 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.
10. That 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, except as expressly amended herein, Resolution Na
PC89-131 shall remain in full force and effect.
BE IT FURTHER RESOLVED thaf the Anaheim Planning Commission does Mereby find and
determine that adoption of this Resolution is expressly predicated upon applicanYs 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 1T FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 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 delays in the issuance of required permits or the revocation of the approval of this application.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 2, 20p7. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning ,
Provisions - General" of the Anaheim Municipal Code pertaining to pp ` ce ~s ay be replaced
by a City Council Resolution in the event of an appeaL
AiRMA , NAHEIM PLANNING COMMISSION
AT7EST.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY qF ORANGE ) ss.
CITY OFANAHEIM )
I, Eleanor Morris, Senior 3ecretary 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 April 2, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, VELASQUEZ :
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KARAKI, ROMERO t
r d!
IN WITNESS WHEREOF, I have hereunto set my hand this ~'~ day of
c-~ , 2007.
,,! v~s.u~-- /`'3'~0
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION