Attachment 1 - Draft Conditional Use Permit Amendment Resolution[DRAFT] ATTACHMENT NO. 1
RESOLUTION NO. PC2023-***
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ANAHEIM APPROVING A CONDITIONAL USE PERMIT
AMENDMENT TO ALLOW AN EDUCATIONAL INSTITUTION-
GENERAL AND MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH
(DEV2021-00071)
(1200 NORTH ELECTRIC WAY, 1212 NORTH HUBBELL WAY, AND 2411-2463 WEST
LA PALMA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve an amendment to Conditional Use Permit
No. 2006-05121 for an Educational Institution-General use (the “Proposed Project”) on certain
real property located at 1200 North Electric Way, 1212 North Hubbell Way, and 2411-2463 West
La Palma Avenue in the City of Anaheim, County of Orange, State of California, as generally
depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Propert y");
and
WHEREAS, the Property is approximately 41 acres in area and is developed with ten
buildings consisting of a teleconference center and offices, and adult/career training center,
vocational schools, and various office and industrial uses. The property is designated for Industrial
land uses in the General Plan. The property is in the Industrial Zone and is subject to the zoning
and development standards contained in Chapter 18.10 (Industrial Zone) of the Anaheim
Municipal Code (the “Code”); and
WHEREAS, Educational Institution-General uses require a conditional use permit
subject to the approval by the Planning Commission pursuant to Subsection .010 of Section
18.10.030 (Uses); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on December 4, 2023, at 5:00 p.m., with notice of said public hearing having
been duly given as required by law and in accordance with the provisions of Chapter 18.60
(Procedures) of the Code, to hear and consider evidence for and against the Proposed Project and
to investigate and make findings and recommendation in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
“CEQA”), the State of California Guidelines for Implementation of the California Environmental
Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA
Guidelines"), and the City's CEQA Procedures, the City is the "lead agency" for the preparation
and consideration of environmental documents for the Proposed Project; and
WHEREAS, the Planning Commission finds that the effects of the Proposed Project
are exempt from the requirements to prepare additional environmental documentation under
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CEQA as set forth in Sections 15301 and 15300.2 of the CEQA Guidelines as a Class 1 – Existing
Facilities Categorical Exemption. Class 1 consists of the repair, maintenance, and/or minor
alteration of existing public or private structures or facilities, involving negligible or no expansion
of use beyond that existing at the time of this determination. The proposed project would be within
an existing teleconference center and is part of the larger industrial complex. Pursuant to Section
15300.2 (c) and Section 15301 of Title 14 of the California Code of Regulations, there are no
unusual circumstances in respect to the project for which staff would anticipate a significant effect
on the environment and, therefore, the proposed project would be categorically exempt from the
provisions of CEQA; and
WHEREAS, the 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:
1.The Proposed Project is properly one for which a conditional use permit is
authorized as an allowable use within the Industrial Zone under subsection .010 of Section
18.10.030 (Uses) of Chapter 18.10 (Industrial Zone) of the Code, subject to a conditional use
permit for an Educational Institution-General.
2.The Proposed Project, as conditioned herein, 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 proposed use will be complementary to the mix of ancillary uses, as well as vocational schools
and office uses on-site, as well as the adjacent industrial uses and single-family residences in the
area; and the operating hours are consistent with other uses in the vicinity.
3.The size and shape of the site proposed for the use is adequate to allow the full
development of the Proposed Project, in a manner not detrimental to either the particular area or
health and safety because the educational program is proposed within existing buildings designed
for teleconference and office uses on an existing industrial campus, and adequate parking for the
use will be provided as described in the parking justification provided by the project applicant.
4.The traffic generated by the Proposed Project will not impose an undue burden
upon the streets and highways which are designed and improved to carry the traffic in the area
because the traffic generated will not impose an undue burden upon the streets and highways
designed and improved to carry the traffic in the area as it is located in existing industrial buildings.
5.The granting of the conditional use permit under the conditions imposed, if any,
will not be detrimental to the health and safety of the citizens of the City of Anaheim because the
proposed use will be integrated with the surrounding mix of uses within the area and conditions of
approval have been included in the resolution, including restricting the operation to those activities
outlined in the Project Description and Parking Justification ensuring that the teleconference center
and graduate training program will not overlap, and as required to ensure that the proposed use
will not be detrimental to the site or its surroundings; and
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WHEREAS, this Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts, that
negate the findings made in this Resolution. This Planning Commission expressly declares that it
considered all evidence presented and reached these findings after du e consideration of all
evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, this
Planning Commission does hereby approve the conditional use permit, contingent upon and
subject to the conditions of approval set forth in Exhibit B, and conditions of approval from
CUP2006-05121 set forth in Exhibit C, attached hereto and incorporated herein by this reference,
which are hereby found to be a necessary prerequisite to the proposed use of the Property for which
the conditional use permit is applicable 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 (Extension of Time to Comply
With Conditions of Approval) of the Code. Timing for compliance with conditions of approval
may be amended by the Planning and Building Director upon a showing of good cause provided
(i) equivalent timing is established that satisfies the original intent and purpose of the condition,
(ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED, that any amendment, modification, or revocation of
this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit
Approval) and 18.60.200 (Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED, that the 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 set forth herein above. 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 approval of this application constitutes approval
of the proposed request only to the extent that it complies with the 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of December 4, 2023. 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.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT “B”
Conditional Use Permit
(DEV2021-00071)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
GENERAL
1 The business shall be operated in accordance with the Project
Description and Parking Justification submitted as part of this
application. Any changes to the business operation as described
in these documents shall be subject to review and approval by
the Planning Director to determine substantial conformance
with these documents, to determine that adequate parking shall
continue to be provided for onsite uses, and to ensure
compatibility with the surrounding uses.
The Applicant/Owner shall ensure that the teleconference center
and graduate training program uses do not occur at the same
time.
Planning and Building
Department,
Planning Services Division
2 All new landscaping shall be installed by the owner/developer
in conformance with Chapter 18.46 “Landscape and Screening”
of the Anaheim Municipal Code and shall be maintained in
perpetuity. Landscaping shall be replaced by the applicant in a
timely manner if it is removed, damaged, diseased, and/or dead.
Planning and Building
Department,
Planning Services Division
3 The Applicant/Owner shall defend, indemnify, and hold
harmless the City and its officials, officers, employees and
agents (collectively referred to individually and collectively as
“Indemnitees”) from any and all claims, actions or proceedings
brought against Indemnitees to attack, review, set aside, void,
or annul the decision of the Indemnitees concerning this permit
or any of the proceedings, acts or determinations taken, done, or
made prior to the decision, or to determine the reasonableness,
legality or validity of any condition attached thereto. The
Applicant’s indemnification is intended to include, but not be
limited to, damages, fees and/or costs awarded against or
incurred by Indemnitees and costs of suit, claim or litigation,
including without limitation attorneys’ fees and other costs,
liabilities and expenses incurred by Indemnitees in connection
with such proceeding.
Planning and Building
Department,
Planning Services Division
4 The premises shall be developed substantially in accordance
with plans and specifications submitted to the City of Anaheim
Planning and Building
Department,
Planning Services Division
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NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
by the applicant, which plans are on file with the Planning
Department, and as conditioned herein.
5 The Applicant/Owner is responsible for paying all charges
related to the processing of this discretionary case application
within 30 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 may result in the revocation of
the approval of this application.
Planning and Building
Department,
Planning Services Division
6 All California Building Code (CBC) and California Fire Code
(CFC) requirements shall be followed for any building permit
issuance. Any fire permits which include fire sprinklers, fire
alarm, etc. shall be submitted directly to Anaheim Fire
Prevention Department.
Anaheim Fire & Rescue
Department
7 An annual fire inspection shall be required to be conducted to
evaluate the new use of the space/building. Additional fire
protection requirements may be required based off the annual
fire inspection. Please call (714) 765-4000 to schedule.
Anaheim Fire & Rescue
Department
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EXHIBIT “C”
Conditional Use Permit
(CUP2006-05121)
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Heather Flores, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on December 4, 2023, by the following vote of the
members thereof:
AYES:
NOES:
ABSTAIN:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of December 2023.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM