Resolution-PC 2010-117RESOLUTION NO. PC2010 -117
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT CLASS 1 CATEGORICAL EXEMPTION
IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
AND APPROVING CONDITIONAL USE PERMIT NO. 2010 -05527
AND VARIANCE NO. 2010 -04833
(DEV2010- 00154)
(2170 SOUTH TOWNE CENTRE PLACE)
WHEREAS, the Planning Commission did receive a verified Petition to approve
Conditional Use Permit No. 2010 -05527 and Variance No. 2010 -04833 to establish an adult real
estate training facility within an existing office building with fewer parking spaces than allowed
by code located on the subject property; and
WHEREAS, this 1.97 acre property is developed with a three -story office
building. The property is located in the O -L (Office Low) zone and the Anaheim General Plan
designates the property for Office High land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on November 22, 2010, at 5:00 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
tentative parcel map and conditional use permit 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 an adult real estate training facility with fewer
parking spaces than allowed by code should be approved for the following reasons:
1. The proposed the conditional use permit request to establish an adult real estate
training facility within an existing office building is properly one for which a conditional use
permit is authorized under Code Section Nos. 18.08.030.010.0402 (Educational Institutions) of
the Anaheim Municipal Code.
2. The proposed the conditional use permit to establish an adult real estate training
facility within an existing office building, as conditioned herein, would not adversely affect the
adjoining land uses and the growth and development of the area in which it is proposed to be
located because the building is surrounded by and integrated with similar buildings and uses; and
the proposed the real estate training facility is located within an existing office building with no
adverse affects to adjoining land uses.
- 1 - PC2010 -117
3. The size and shape of the site for the use is adequate to allow the full development
of the real estate training facility within an existing office building in a manner not detrimental to
the particular area or to the health and safety because the proposed training facility will be
located within the existing 3- story, office building.
4. The traffic generated by an adult real estate training facility will not impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the
area because the traffic generated by this use will not exceed the anticipated volumes of traffic.
5. The variance, under the conditions imposed will not cause fewer off - street
parking spaces to be provided for the proposed real estate training facility than the number of
such spaces necessary to accommodate all vehicles attributable to such use under the normal and
reasonably foreseeable conditions of the training facility because the on -site parking for the
existing office building will adequately accommodate peak parking demands for both the office
uses and the real estate training facility. Further, the peak hours of operation for the training
facility are during the evenings and weekends when most offices are closed or minimally staffed.
6, The variance, under the conditions imposed, if any, will not increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity of the
proposed use because the on -site parking for the real estate training facility will adequately
accommodate the peak parking demands of the office building including the training facility.
7, The variance will not increase traffic congestion within the off - street parking
areas provided for the real estate training facility since all parking is contained on -site and will
not encroach into other parking facilities and the supply of parking is adequate for the training
facility. Further, the project does not propose new ingress or egress points and is designed to
allow adequate on -site circulation and therefore will not impede vehicular ingress to or egress
from adjacent properties upon the public streets in the immediate vicinity of the training facility.
8. The granting of the conditional use permit and the variance under the conditions
imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as
the proposed Iand use will continue to be compatible with the surrounding area because the use is
integrated with other uses on the property and is not a health or safety risk to the citizens of the
City of Anaheim.
WHEREAS, 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 1T RESOLVED that the Anaheim City Planning
Commission does hereby approve Conditional Use Permit No. 2010 -05527 and Variance No.
2010 -04833 and 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
- 2 - PC2010 -117
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.
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 this permit is approved without limitations
on the hours of operation or the duration of the use. Amendments, modifications and revocations
of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City - Initiated Revocation or Modification of Permits) 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 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 the revocation of the
approval of this application.
THE FOREGOING RESOLUTION was adopted at the Playing Commission
meeting of November 22, 2010.
A'I'1'EST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
- 3 PC2010 -117
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Anaheim City PIanning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on November 22, 2010, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AMENT, FAESSEL, KARAKI, PERSAUD,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 22 " day of November, 2010.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 4 PC2010 -117
=
1APN: 232 -011 -461
50 100
.., • rest
EXHIBIT "A"
DEV2010- 00154
260.08'
379'
Source: Recorded Tract Maps and/or City G1S.
Please note the accuracy is +/- two to five feet.
11041
•
5 PC2010 -117
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2010-05527
AND VARIANCE NO. 2010-04833
(DEV2010- 00154)
REVIEW SIGNED
NO. CONDITIONS OF APPROVAL BY OFF BY
PRIOR TO ISSUANCE OF A BUILDING PERMIT
1 The business shall be equipped with an alarm system (silent Police
or audible).
2 Address numbers shall be positioned so as to be readily
readable from the street. Numbers should be visible during
hours of darkness.
Police
3 Complete a Burglary/Robbery Alarm Permit application, Police
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:
http: / /www.anaheim.net/article.asp ?id =678
4 All exterior doors to have adequate security hardware, e.g. Police
deadbolt locks.
5 Wide -angle peepholes or other viewing device should be Police
installed in solid doors where natural surveillance is
compromised.
6 Security personnel and/or receptionists should be positioned Police
in an area of the main lobby where they can monitor subjects
entering and exiting the building, and observe the elevators
and restroom entrances.
GENERAL CONDITIONS
7 This facility shall be used for adult real estate training
purposes only.
Planning
8 The hours of operation for real estate training facility Code
classroom shall be consistent with the letter of operation on Enforcement
file with the City of Anaheim Planning Department.
Permitted hours of operation for the classroom are evenings
6 p.m. to 10:30 p.m. and weekends 8 a.m. to 5 p.m. Any
change in the hours of operation shall be subject to review
and approval by Planning staff to determine substantial
conformance with the letter of operation and compatibility
with the surrounding uses.
6 - PC2010 -117
9
10
11
On -going during project operation, no required parking area
shall be fenced or otherwise enclosed for outdoor storage.
No outdoor activities involving gathering of persons shall be
permitted on -site.
The applicant shall be responsible for maintaining the area
adjacent to the premises over which they have control, in an
orderly fashion through the provision of regular maintenance
and removal of trash or debris. Any graffiti painted or
marked upon the premises or on any adjacent area under the
control of the licensee shall be removed or painted over
within 24 hours of being applied.
12 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.
7
Code
Enforcement
Code
Enforcement
Code
Enforcement
Planning
PC2010 -117