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Resolution-PC 2012-032RESOLUTION NO. PC2012 -032 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. 2012 -05594 AND VARIANCE NO. 2012 -04887 (DEV2012- 00012) (1310 NORTH KRAEMER BOULEVARD) WHEREAS, the Anaheim City Planning Commission (hereinafter "Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2012 -05594 and Variance No. 2012 -04887 to permit a continuation program primarily serving high school students within an existing industrial building with less parking than required by Code, for that certain real property located at 1310 North Kraemer Boulevard in the City of Anaheim, County of Orange, State Of California, as more particularly shown in Exhibit "A ", attached hereto and incorporated herein by this reference (the "subject property "); and WHEREAS, the 0.37 -acre property is developed with a 6,588 square foot industrial building and is located in the Specific Plan 94-1, Development Area 5 (Commercial Area) Zone. The Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 7, 2012 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 "Procedures ", 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 1. The proposed school is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.010 (Educational Institutions). 2. The operation of a school 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 will be conducted entirely within an existing building with no outside activities and is compatible with existing commercial and industrial uses surrounding the property. 3. 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 building of an established business area. 4. The traffic generated by the school will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. 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 uses in the area and activities would occur entirely within the building space. - 1 - PC2012 -0 32 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 variance, does find and determine the following facts: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (27 spaces required; 16 spaces proposed) 1. The requested variance, under the conditions imposed, will not cause fewer off - street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles anticipated for the proposed use under the normal and reasonably foreseeable operation of such use as indicated in the parking letter February 14, 2012 prepared by the applicant's consultant, Spectrum Space Design. 2. The parking variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets, nor upon adjacent properties in the immediate vicinity, as indicated in the aforementioned parking letter which concludes that the proposed 16 parking spaces are adequate to meet a maximum demand of 14 spaces for employees, visitors, and a drop -off area. 3. The variance will not increase traffic congestion within the off - street parking areas provided for the proposed use. NOW, THEREFORE, BE IT RESOLVED, the Planning Commission has reviewed the proposal and does hereby find that 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. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2012 -05594 and Variance No. 2012 - 04887, subject to the conditions of approval as stated in Exhibit `B" attached hereto and incorporated herein by this reference, which conditions 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. 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 any amendment, modification or revocation 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. - 2 PC2012 -032 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 Planning Commission meeting of May 7, 2012. Said resolution is subje o the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal ' ode .ertaining to appeal procedures and may be replaced by a City Council Resolution in the : vent of an appeal. A'1"I EST: i! CHAIRMAN, AN ! HEIM CITY P G COMMISSION S 's _...-- SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2012 -032 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 May 7, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK IN WITNESS WHEREOF, I have hereunto set my hand this 7` day of May, 2012. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 4 - PC2012 -032 EXHIBIT "A" DEV NO. 2012 -00012 APN: 345 - 051 -07 Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feet. -5 PC2012 -032 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL 1 Granting of the parking variance is contingent upon operation of this facility in conformance with the assumptions and/or conclusions relating to the operation and intensity of use as contained in the parking letter dated February 14, 2012 prepared by Spectrum Space Design, which formed the basis for approval of said variance. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in the parking letter, may subject this variance to termination pursuant to the provisions of Chapter 18.60 - Procedures of the Anaheim Municipal Code. Planning 2 No required parking area shall be fenced or otherwise enclosed for outdoor storage. Code Enforcement 3 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 Nos. 1 (Site Plan) and 2 (Floor Plan), and as conditioned herein. Planning 4 Prior to the issuance of a building permit, a separate right -of -way construction permit shall be obtained from the Department of Public Works for the construction of a sidewalk within the public right -of -way between the bus stop in front of the 1300 North Kraemer Boulevard property and the subject site. Installation of the sidewalk shall be completed prior to final zoning inspection. Public Works EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2012-05594 AND VARIANCE NO. 2012-04887 (DEV2012- 00012) - 6 - PC2012 -032