Resolution-PC 2010-053RESOLUTION NO. PC2010 -053
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE
APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND
APPROVING CONDITIONAL USE PERMIT NO. 2010-05498
(DEV2010 -00061)
(1144 NORTH GILBERT STREET)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No.2010- 05498, to permit a tutoring facility within an
existing commercial center for certain real property situated in the City of Anaheim, County of
Orange, State of California, shown on Exhibit "A attached hereto and incorporated herein by
this reference.
WHEREAS, this property is developed with a mixed use industrial complex
located in the Industrial (1) Zone and the Anaheim General Plan designates the property for
industrial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on July 7, 2010, at 3:30 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 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:
That the proposed tutoring facility is properly one for which a conditional use permit is
authorized by Anaheim Municipal Code Section 18.10.030.040.0402. Educational Institutions
Tutoring.
1. The operation of a tutoring facility will not adversely affect the adjoining land
uses or the growth and development of the area in which it is proposed to be located because the
use is will be conducted entirely within an existing building with no outside activities and it is
compatible with existing uses on the site.
2. The size and shape of the site for the use is adequate to allow the full development
of the proposed use in a manner not detrimental to the particular area or to the health and safety
because this use will be located within an existing tenant space of an established mixed use
industrial complex.
1 PC2010 -053
The traffic generated by the tutoring facility will not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area. A total of 383 parking
spaces exist on the site whereas, all uses including the tutoring facility requires 284 parking
spaces.
3. The granting of the conditional use permit will not be detrimental to the health
and safety of the citizens of the City of Anaheim because the use is similar to commercial uses in
the area and activities would occur entirely within the existing tenant space.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, 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, that the Anaheim City Planning
Commission does hereby approve Conditional Use Permit No. 2010 -05498 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.
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 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 this conditional use permit is approved
without limitations on the duration of the use.
BE IT FURTHER RESOLVED, 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 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 delays in the issuance of
required permits or the revocation of the approval of this application.
2 PC2010 -053
THE FOREGOING RESOLUTION as- adapts at the Planning Commission
meeting of July 7, 2010.
A'1'1'RST:
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
I, Grace Medina, Senior 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 July 7, 2010, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, KARAKI,
PERSAUD, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: RAMIREZ
IN WITNESS WHEREOF, I have hereunto set my hand this 7 day of July, 2010.
SENIOR SECRETARY, ARY, ANAHEIM CITY PLANNING COMMISSION
3 PC2010 -053
x
1 AP N 071- 060 -581
EXHIBIT 'AA"
DE V2010 -00061
an
cd
co
479'
W LA PALMA AVE
W CARArylfA ST
Source: Recorded Tract Maps andfor City GIS.
Fuet
Please note the accuracy is +1- two to five feet.
4 PC2010 -053
EXHIBIT "13"
CONDITIONAL USE PERMIT NO. 2010-05498
(DEV2010- 00061)
NO. CONDITIONS OF APPROVAL
GENERAL
1 Business to be equipped with alarm system (silent or audible).
2 Complete a Burglary/Robbery Alarm Permit application, Form
APD 516, and return it to the Police Department prior to initial
alarm activation. This form is available at the Police
Department front counter, or it can be downloaded from the
following web site:
httn://www.anaheim.net/article.asn?id=678.
3 Address numbers shall be positioned so as to be readily
readable from the street. Number should be visible during
hours of darkness.
4 Rear entrance doors shall be numbered in the same address
numbers or suite number of the business. Minimum height of
4" recommended.
5 All exterior doors to have adequate security hardware, e.g.
deadbolt locks. Wide -angle peepholes or other viewing device
should be installed in solid doors where natural surveillance is
compromised.
6 All exterior doors shall have their own light source, which shall
adequately illuminate door areas at all hours to make clearly
visible the presence of any person on or about the premises and
provide adequate illumination for persons exiting the building.
7 The 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 No. 1 (Site Plan), Exhibit No. 2
(Floor Plan) and as conditioned herein.
5
SIGNED
REVIEW BY OFF BY
Police
Police
Police
Police
Police
Police
Planning
PC2010 -05 3