Resolution-PC 2011-022RESOLUTION NO. PC2011 -022
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING THAT A PREVIOUSLY- APPROVED MITGITA'1'ED NEGATIVE
DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2006-05121
AND VARIANCE NO. 2011 -04748 (TRACKING NO. CUP2006- 05121C)
AND AMENDING CONDITIONS OF APPROVAL OF
RESOLUTION NOS. PC2006 -84 & PC2010 -63 (DEV2010- 00039)
(2411 -2461 W. LA PALMA AVENUE AND 1212 N. HUBBELL WAY)
WHEREAS, on October 2, 2006, the Anaheim City Planning Commission
(hereinafter referred to as "Planning Commission"), by its Resolution No. PC2006 -84 did
approve Conditional Use Permit 2006 -05121 to permit and retain a teleconferencing center and
private conference /training center for that certain real property located at 2411 West La Palma
Avenue in the City of Anaheim, County of Orange, State of California, as more particularly
shown on Exhibit "A" attached hereto and incorporated herein by this reference; and
WHEREAS, on December 7, 2009, the Planning Commission, by its Resolution
No. PC2009 -121 did approve an amendment to Conditional Use Permit 2006 -05121 to permit
the conversion of an existing warehouse to a two -story office building for an adult/career training
center in conjunction with the previously- approved teleconferencing center for that certain real
property located at 1212 N. Hubbell Way; and
WHEREAS, on August 2, 2010, the Planning Commission, by its Resolution No.
PC2010 -63 did approve an amendment to Conditional Use Permit 2006 -05121 to permit the
establishment of an educational institution (West Coast University) to provide vocational
training within an existing four -story office building located on the subject property; and
WHEREAS, the Planning Commission did receive a verified Petition to amend
Conditional Use Permit No. 2006 -05121 to expand an existing private nursing and health care
vocational college to utilize an entire 4 -story building and to permit an additional freeway
oriented wall sign located on the subject property; and
WHEREAS, this property is developed with a total of eight buildings and
includes an adult /career training center in conjunction with a teleconferencing center and office
buildings. The property is located in the I (Industrial) 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 March 28, 2011, 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 the
proposed amendment to said conditional use permit (tracking number CUP2006 -05121 C)
and to investigate and make findings and recommendations in connection therewith; and
- 1 - PC2011 -022
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:
The request to amend said conditional use permit to allow a vocational college
within an existing four -story office building is properly one for which a conditional use permit is
authorized under Code Section Nos. 18.10.030.040.0402 (Educational Institutions) of the
Anaheim Municipal Code.
1. The proposed amendment to the conditional use permit to expand an existing
private nursing and health care vocational college and to permit an additional freeway oriented
wall sign with more wall signs than allowed by Code, 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 vocational school is located within an existing office building located on
the interior of the parcel with no adverse affects to adjoining land uses.
2. The size and shape of the site for the use is adequate to allow the full development
of the vocational school within an existing office building in a manner not detrimental to the
particular area or to the health and safety because the proposed vocational school will be located
within the existing 4- story, office building.
3. The traffic generated by the expansion of the vocational college 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 assumptions included in the
updated 2010 Traffic Impact and Parking Study prepared by KOA Corporation or require
additional mitigation measures from those already included in Mitigation Monitoring Plan No.
139 in conjunction with the original conditional use permit.
4. 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 as the proposed
land 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 Planning Commission does further find and determine that the request
for fewer parking spaces than allowed by code, should be approved for the following reasons:
1. That the request to allow the expansion of a vocational school, under the conditions
imposed, will not increase the demand and competition for parking spaces upon the public streets
in the immediate vicinity of the proposed use under the normal and reasonably foreseeable
conditions of operation of the vocational school because the on -site parking for the school will
adequately accommodate peak parking demands;
- 2 - PC2011 -022
2. That the request, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the
proposed use because the property is large enough to accommodate the parking requirements of
all the on -site uses and further, classes are staggered with a.m. and p.m. sessions that do not
overlap and this provision allows adequate time for parking spaces to be vacated prior to the
arrival of students for the next session.
3. That the request to allow the expansion of a vocational school, under the conditions
imposed, will not increase traffic congestion within the off - street parking areas or lots provided
for the proposed use because the supply of parking is large enough to allow adequate parking
area and will not encroach into other parking facilities. Further, classes are staggered with a.m.
and p.m. sessions that do not overlap and this provision allows adequate time for parking spaces
to be vacated prior to the arrival of students for the next session;
4. That the request, under the conditions imposed, if any, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of
the proposed use because this use will not exceed anticipated traffic volumes for this property
and the surrounding area.
WHEREAS, the Planning Commission does further find and deteiniine that
the request for a variance to permit an additional freeway oriented wall sign, which is one more
sign than allowed by code, should be approved for the following reasons:
SECTION NO. 18.44.100.020 Maximum number of permitted signs.
(1 sign permitted; 2 signs proposed).
1. The variance pertaining to the request for an additional freeway oriented wall
sign is hereby approved because strict application of the Zoning Code would deprive the
property of privileges enjoyed by other properties under identical zoning classification in the
vicinity because of the orientation and proximity of the building to the freeway off -ramp, which
does not apply to other property under identical zoning classification in the vicinity. Further,
that because the use of the building will be temporarily shared with another business the
proposed sign will ultimately be the only freeway oriented wall sign on the building and
therefore will be in full compliance with the zoning code.
NOW THEREFORE BE IT RESOLVED that the Planning Commission has
reviewed the proposal and does hereby find that a previously- approved Mitigated Negative
Declaration in connection with Conditional Use Permit No. 2006 -05121 and Mitigation
Monitoring Plan No. 139 is adequate to serve as the required environmental documentation in
connection with this request.
BE IT FURTHER RESOLVED that the Planning Commission, for the reasons
hereinabove stated does hereby approve the amendment to Conditional Use Permit No. 2006-
05121 (tracking number CUP2006 -05121 C) to permit the establishment of an educational
institution (West Coast University) to provide vocational training within an existing three -story
office building located on the subject property.
- 3 - PC2011 -022
BE IT FURTHER RESOLVED that the Planning Commission does hereby
amend, in their entirety, the conditions of approval adopted in connection with Planning
Commission Resolution No. PC2010 -63, approving Conditional Use Permit No. 2006 - 05121, as
previously amended, to read as stated 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, except as expressly amended herein, the
provisions of Resolution No. PC2006 -84, approving Conditional Use Permit No. 2006 - 05121, as
previously amended, shall remain if full force and effect.
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 as adopt . -the Planning Commission
meeting of March 28, 2011.
AI 1EST:
it
CHAIRMAN, ANAITEf ITY PLANNING COMMISSION
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
4 - PC2011 -022
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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 March 28, 2011, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, KARAKI, PERSAUD,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 28 day of March, 2011.
SENIOR SECR TARY, ANAHEIM CITY PLANNING COMMISSION
- 5 - PC2011 -022
I AP N : 071- 061 -27
0
5n lOp
Feet
193.02'
Cr)
N
163'
r
c)
N
r1
r
CO
EXHIBIT "A"
DEV2010 -00039
779.85'
W LA PALMA AVE
6
O
CO
Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
10952
PC2011 -022
1
EXHIBIT "B"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 2006-05121
(TRACKING NO. CUP 2006- 05121C)
(DEV2010- 00039)
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 Provide comprehensive security alarm system for the
following:
• Perimeter building and access route protection.
• High valued storage areas.
Interior building door to shipping and receiving area
3 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:
htrn://www.anaheim.net/article.asp?id=678
4 Closed circuit television (CCTV) security cameras are
recommended, with the following coverage areas:
• Lobby entrances
• Building perimeter
9 Address numbers shall be positioned so as to be readily
readable from the street. Numbers should be visible during
hours of darkness.
10 Rooftop address numbers for the police helicopter.
Minimum size 4' in height and 2' in width. The lines of the
Police
Police
Police
5 If security cameras are not monitored, signs indicating so Police
should be placed at each camera.
6 CCTV monitor and recorders should be secured in a separate Police
locked compartment to prevent theft or, or tampering with,
the tape.
7 CCTV recording should be kept for a minimum of 30 days Police
before being recorded over.
8 CCTV videotapes should not be recorded over more than 10 Police
items per tape. Use of digital recording equipment as an
alternative to videotape is encouraged.
Police
Police
- 7 - PC2011 -022
numbers are to be a minimum of 6" thick. Numbers should
be spaced 12" to 18" apart. Numbers should be painted or
constructed in a contrasting color to the roofing material.
Numbers should face the street to which the structure is
addressed. Numbers are not to be visible from the ground
level.
11 Industrial, commercial, institutional, or office buildings shall Police
have clearly marked doors with numbers corresponding to
the alarm zones, if any. The identification of alaiin zone
coverage will assist responding police and security units in
faster identification and apprehension of potential suspects, if
any.
12 All exterior doors to have adequate security hardware, e.g. Police
deadbolt locks.
13 Overhead roll -up doors shall also be secured on the inside Police
that the lock cannot be defeated from the outside and shall be
secured with a cylinder lock or padlock from the inside.
14 A Knox box shall be installed at hatchway to allow Police
Police/Fire access to interior.
15 Monument signs and addresses shall be well lighted during Police
hours of darkness.
16 Adequate lighting of parking lots and associated carports, Police
shipping and receiving areas, driveways, circulation areas,
aisles, passageways, recesses, and grounds contiguous to
buildings shall be provided with lighting of sufficient
wattage to provide adequate illumination to make clearly
visible the presence of any person on or about the premises
during the hours of darkness and provide a safe, secure
environment for all person, property, and vehicles on -site.
17 All exterior doors shall have their own light source, which Police
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.
18 Landscaping shall be of the type and situated in locations to Police
maximize observation while providing the desired degree of
aesthetics. Security planting materials are encouraged along
fence and property lines and under vulnerable windows
19 All exterior doors shall have their own light source, which Police
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
- 8 - PC2011 -022
exiting the building.
20 All entrances to parking areas shall be posted with
appropriate signs per 22658(a) C.V.C., to assist in removal of
vehicles at the property owners /managers request.
21 Compliance with AMC 6016, the Anaheim Public Safety
Radio System Coverage Ordinance is required. A copy of
the ordinance and compliance specifications is attached. The
ordinance can also be viewed online through the City of
Anaheim web site.
22 "No Trespassing 602(k) P.C." posted at the entrances of
parking lots /structures and located in other appropriate
places. Signs must be at least 2'x1' in overall size, with
white background and black 2" lettering.
23 Classroom doors should be equipped with locks that can be
locked from the inside, allowing lockdown of those rooms in
the event of criminal activity in, or around, the building.
24 File Emergency Listing Card, Form APD -281, with the
Police Department, available at the Police Department front
counter, or it can be downloaded from the following web
site: httn:/ /www.anaheim,net/article.asp ?id =678.
GENERAL CONDITIONS
25 This facility shall be used for vocational training purposes
only.
26 On -going during project operation, no required parking area
shall be fenced or otherwise enclosed for outdoor storage.
27 No church activities shall be permitted unless a separate
conditional use permit is approved by the City.
28 No outdoor activities involving gathering of persons shall be
permitted on -site.
29 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.
30 The developer shall be responsible for compliance with all
mitigation measures within the assigned time frames and any
direct costs associated with the attached Mitigation
- 9 -
Police
Police
Police
Police
Police
Planning
Code
Enforcement
Planning
Code
Enforcement
Code
Enforcement
Planning
PC2011 -022
Monitoring Program No. 139 as established by the City of
Anaheim and as required by Section 21081.6 of the Public
Resources Code to ensure implementation of those identified
mitigation measures.
31 One of the two freeway oriented wall signs approved as part Code
of this application, shall be removed no later than December Enforcement
31, 2016 or upon vacation by the existing first floor tenant,
whichever occurs first.
32 The property shall be developed substantially in accordance Planning
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), Exhibit No. 3 (Signs) and as
conditioned herein.
- 10 - PC2011 -022