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Resolution-PC 2007-148~ • RESOLUTION NO. PC2007-148 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2000-04263 (TRACKING NO. CUP2007-05266), AND AMENDING CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2000-118, ADOPTED THEREWITH (2441 WEST LA PALMA AVENUE) WHEREAS, on October 23, 2000, the Anaheim Planning Commission adopted Resolution No. PC2000-118 in connection with Conditional Use Permit No. 2000-04263 to permit a teleconferencing center and private conference/training center with waiver of minimum number of parking spaces located at 2441 West La Palma Avenue; and WHEREAS, on June 16, 2003, the Anaheim Planning Commission adopted Resolution No. PC2003-86 in connection with Conditional Use Permit No. 2000-04263 to reinstate a teleconferencing center and private conference/training center with waiver of minimum number of parking spaces located at 2441 West La Palma Avenue; and WHEREAS, said Resolution No. PC2003-86 includes the following condition of approval: "1. That subject Conditional Use Permit No. 2000-04263 shall expire on October 23, 2007, or upon issuance of a permanent Certificate of Occupancy from the Building Division for a permanent facility to be located at 1212 North Hubbell Way, whichever occurs first." WHEREAS, this property is currently developed with an industrial/office campus and teleconferencing center and private conference/training center, the underlying zoning is I(Industrial) and the Anaheim General Plan designates this property for Industrial land uses; and WHEREAS, the applicant has requested reinstatement of this conditional use permit to reinstate a previously-approved teleconferencing center and private conference/training center and to remove the time limitation pursuant to Code Section 18.60 of the Anaheim Municipal Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 10, 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 "Procedures", to hear and consider evidence for and against said proposed amendment 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- PC2007-148 • • 1. That the proposed reinstatement of this permit and the modification or deletion of conditions of approval pertaining to a time limitation to reinstate a previously-approved teleconferencing center and private conference/training center is properly one for which a conditional use permit is authorized under Code Section 18.10.030.040.0402 (Educational Institutions - Business) and Section 18.60.180 (Reinstatement of a time-limited permit) of the Anaheim Municipal Code. 2. That the proposal, as conditioned, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the use permit has been operated in substantially the same manner as originally approved by the Planning Commission. 3. That the Code Enforcement Division indicates that no complaints have been received regarding the operation of this business, the conditions of approval have been complied with and the property is being properly maintained. 4. That the facts necessary to support each and every required showing for the original approval of the entitlement exist. 5. That the traffic generated by the use has not imposed an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 6. That granting this reinstatement, under the conditions imposed, will not be detrimental to the peace, health and safety of the citizens of the City of Anaheim. 7. That no one indicated their presence at the public hearing in opposition; and that no correspondence was received in opposition to the subject request. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 2000-04263 is adequate to serve as the required environmental documentation in connection with this request. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby reinstate and approve Conditional Use Permit No. 2000- 04263 to reinstate teleconferencing center and private conference/training center with waiver of minimum number of parking spaces. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does herby amend the conditions of approval in their entirety, of Resolution No. PC2003-86, adopted in connection with Conditional Use Permit No. 2000-04263 to read as follows: -2- PC2007-148 . • Responsible for COA Conditions of Approval Monitoring =,w. ;~ 4'M :S Yi ~ L. /n~ ~ ~ ~ ~ ~ ~ > me ~ u ~ ~ ~~ ~ ~ . ~ ~ ~ ~ 3` r ~ 5° mi ~~'~k' s ?$a - k t .d ~taW ~ # • k'~qy~'~' _ W a.~° ~ i ~ ~ ~ -~~{~ x "~"m.~b{~l? 'J ~~'~q+ , t ~ V o . ~ # `~ ~ i'? '?~ ..a".s~ ~~t~_~ ' `~ i` S5 ` ~ .~C~S_ C) -~ .... ~ y .~ ,j~ ~ .~. . tY`~''S..~~~f.; The subject Conditional Use Permit No. 2000-04263 shall COA 1 expire six (6) months from the date that the teleconferencing Planning center at 1212 North Hubbell Way is operational. The applicant shall maintain a dedicated westbound right-turn COA 2 lane on La Palma Avenue at Gilbert Street. Planning No church activities shall be permitted unless a separate COA 3 conditional use permit is approved by the Planning Planning Commission. The property shall be permanently maintained in an orderly COA 4 fashion by providing regular landscape maintenance, removal of plannin g trash or debris, and removal of graffiti within twenty-four (24) hours from time of discovery. Any tree and/or landscaping planted on-site shall be replaced COA 5 in a timely manner in the event that it is removed, damaged, Planning diseased and/or dead. No required parking area shall be fenced or otherwise enclosed COA 6 for outdoor storage uses. Planning The landscape planters shall be permanently maintained with COA 7 live and healthy plant materials. Planning This project shall maintain adequate passenger loading and COA 8 unloading areas acceptable to the City Traffic and Public Works Transportation Manager. The applicant shall be responsible for paying the full cost COA 9 associated with the use of any Police Department and/or Police Traffic Management Center staff that may be needed for traffic control purposes. _3_ PC2007-148 • • Responsible for COA Conditions of Approval Monitoring This facility shall be limited to the following operational characteristics: (a) The public teleconferencing shall be limited to a maximum of one thousand five hundred (1,500) persons to ensure adequate parking for all businesses on-site. The hours of operation shall be limited to 8:00 a.m. to 5:00 p.m., Monday through Friday. COA 10 Planning (b) The private conferencing/training center shall be limited to a maximum of four thousand (4,000) persons. The facility may be utilized for this purpose for a maximum of twenty one (21) days per year, including two (2), six (6) day conferences during winter and summer vacation. The hours of operation shall be limited to 2:00 p.m. to 10:00 p.m. Monday through Saturday for the two (2) bi-annual conferences; and 2:00 p.m. to 10:00 p.m., Saturday and Sunday, for the remaining conference/training dates. The parking lot serving the premises shall be equipped and maintained with decorative lighting of sufficient power to illuminate and make easily discernable the appearance and COA 11 conduct of all person on or about the parking lot. Said lighting Police shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window areas of nearby residences. The applicant shall make every effort to coordinate activities COA 12 with the Sa Rang Presbyterian Church at 1111 North Planning Brookhurst Street to schedule large events at separate times to ensure adequate circulation on the surrounding public streets. An on-site pedestrian circulation plan shall be provided and maintained to the satisfaction of the Planning and Public COA 13 Works Departments. Said plan shall indicate all pedestrian Planning paths of travel from the parking areas to the teleconference/training center. Every element of the approved event traffic management plans COA 14 shall be continuously implemented on the property to ensure Planning efficient and safe ingress and egress of traffic during events. -4- PC2007-148 C~ • Responsible for COA Conditions of Approval Monitoring Evening traffic (i.e., after 5:00 p.m.) departing the site shall be COA 15 prohibited from using Gilbert Street south of La Palma Planning Avenue. COA 16 This facility shall only used for teleconferencing, conferences Planning and training activities. Subject property shall be developed and maintained substantially in accordance with plans and specifications COA 17 submitted to the City of Anaheim by the petitioner and which planning plans are on file with the Planning Department marked Revision No. 1 of Exhibit No. 1 and Exhibit Nos. 2 and 3; and as conditioned herein. 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 COA 18 the original intent and purpose of the condition(s), (ii) the Planning modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. That extensions for further time to complete conditions of COA 19 approval may be granted in accordance with Section 18.60.170 Planning of the Anaheim Municipal Code. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the COA 20 Anaheim Municipal Zoning Code and any other applicable Planning 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. -5- PC2007-148 ~ • BE IT 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. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 10, 2007. 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 A ANAHEIM PL ING COMMISSION ATTEST: \n ~ SENIOR~ECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 December 10, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ~~1~ day of e ~ , 2007. ~ ,~ G~,t. C~- l SENI SECRETARY, PLANNING COMMISSION -6- PC2007-148