Resolution-PC 2013-028RESOLUTION NO. PC2013 -028
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2012 -05638
AND VARIANCE NO. 2013 -04920 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2012- 00125)
(5221 — 5247 EAST ORANGETHORPE AVENUE)
WHEREAS, the Anaheim City Planning Commission (hereinafter the 'Planning
Commission ") did receive a verified Petition for Conditional Use Permit No. 2012 -05638 and
Variance No. 2013 -04920 to permit a continuation school for middle and high school students
within a tenant space of an existing commercial center with less parking than required by Code
for that certain real property located at 5221— 5247 East Orangethorpe Avenue in the City of
Anaheim, County of Orange, State Of California, as more particularly shown in Exhibit attached
hereto and incorporated herein by this reference (the 'Property "); and
WHEREAS, the 1.4 -acre Property is developed with a 20,030 square foot
commercial building and is located in the C -G (General Commercial) Zone. The Anaheim
General Plan designates this Property for Low Medium Density Residential land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on February 11, 2013 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 Chapter.
18.60 (Procedures) of the Anaheim Municipal Code (herein referred to as the "Code "), to hear
and consider evidence for and against proposed Conditional Use Permit No. 2012 -05638 and
Variance No. 2013 -04920 and to investigate and make findings and recommendations in
connection therewith. The Commission continued this matter to its March 11, 2013 meeting, at
which meeting the matter was again continued to its March 25, 2013 meeting; and
WHEREAS, as the lead agency under the California Environmental Quality Act
(Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning
Commission finds and determines that the proposed project is within that class of projects which
consist 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, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code
of Regulations, the proposed project will not cause a significant effect on the environment and is,
therefore, 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 pertaining to the request for Conditional Use Permit No. 2012- 05638,
does find and determine the following facts:
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).
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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, all traffic and
circulation will occur away from the residential properties, and no Police Department calls for
service have occurred at this facility since it was relocated in April, 2012.
3. The size and shape of the Property proposed for the use is adequate to allow the
full development of the proposed use in a manner not detrimental to either the particular area or
to the health and safety because this use will be located within an existing commercial building
fronting on a Major Arterial Highway.
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 No. 2012 -05638 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.
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 Variance No. 2012 - 04920, does find and determine
the following facts:
SECTION NO. 18.42.040.010 Minimum number of parkingspaces.
(97 spaces required; 75 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 attributible to the proposed use under the normal and reasonably
foreseeable conditions of operation of such use as indicated in the parking letter dated October
15, 2012, which was 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 private property in
the immediate vicinity, as indicated in the aforementioned parking letter which concludes that
the existing parking lot can accommodate an anticipated demand of 8 parking spaces for
employees, visitors, and a drop -off area.
3. The variance, under the conditions imposed, will not increase traffic congestion
within the off - street parking areas provided for the proposed use.
4. The variance, under the conditions imposed, will not impede vehicular ingress to
or egress from adjacent properties upon the public streets in the immediate vicinity of the
proposed use because the majority of parking and on -site circulation occurs on the south side of
the building, away from residential uses.
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BE IT RESOLVED that the Planning Commission does hereby approve Conditional
Use Permit No. 2012-05632 and Variance No. 2013-04920, subject to the conditions of approval set
forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found
to be a necessary prerequisite to the proposed use of the 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 the conditions of approval set forth in Exhibit B hereto may be granted in accordance with
Section 18.60.170 of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED, that Conditional Use Permit No. 2012-05632 and Variance
No. 2013-04920 are approved without limitations on the hours of operation or 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 or Permits) of the Anaheim Municipal Code.
BE FFFURTHER RESOLVED that approval of Conditional Use Permit No. 2012-05632
and Variance No. 2013-04920 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.
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 RESOLurION was adopted at the Planning Commission niceting of
March 25, 2013. Said resolution is subject to tile appeal provisions set forth in Chapter 18,60
"Zoning Provisions - Useneral" of the Code pertaining to appeal procedures and may be replaced by
a City Council Resolution in the event of an appeal.
V 411 CL,
Vn
CHAIR, ANAHEIM CITY PLATMNG COMMISSION
ATTEST:
r
SENIOR SFtJ;!TARY, ANAHEIM CITY PLANNING COMMISSION
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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 25, 2013, by the following vote of the members
thereof:
AYES: COMMISSIONERS: BOSTWICK, FAESSEL, PERSAUD, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, LIEBERMAN
IN WITNESS WHEREOF, I have hereunto set my hand this 25` day of March, 2013.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "All
DEV NO. 2012-00125
APN: Z343;-382-08Z
E 7A/VG,,
OR AIVGEr
0 1 , " E A Vc
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2012-05638
AND VARIANCE NO. 2013-04920
(DEV2012- 00125)
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REVIEW BY
SIGNED
NO.
CONDITIONS OF APPROVAL
OFF BY
GENERAL
1
Granting of the parking variance is contingent upon operation of this
Planning
facility in conformance with the assumptions and/or conclusions
relating to the operation and intensity of use as contained in the
parking letter dated October 15, 2012 prepared by Spectrum Space
Design, and request letter dated March 15, 2013 prepared by the
Applicant, 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.
2
No required parking area shall be fenced or otherwise enclosed for
Code
outdoor storage.
Enforcement
3
No outside storage of equipment/furniture shall be permitted.
Code
Enforcement
4
All activities related to the use shall occur indoors, except as may be
Code
permitted by an authorized Special Event Permit.
Enforcement
5
The property shall be permanently maintained in an orderly fashion
Code
through the provision of regular landscaping maintenance, removal
Enforcement
of trash or debris.
6
Any graffiti painted or marked upon the premises or on any adjacent
Code
area under the control of the property owner shall be removed or
Enforcement
painted over within 24 hours of being applied.
7
Adequate lighting of parking lots, passageways, recesses, and
Planning
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. 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.
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8
Prior to issuance of building permit, the Property owner shall
public Works,
irrevocably offer to dedicate to the City of Anaheim a corner cut -off
Development
right -of -way dedication as an easement for road, public utilities and
Services
other public purposes. The limits of the cut -off dedication shall be
Division
based on the re- construction of the required sidewalk curb ramp.
9
Prior to final building and zoning inspections, the applicant shall
Public Works,
remove and re- construct the sidewalk curb ramp at the northeast
Development
corner of the intersection of Post Lane and Orangethorpe Avenue. A
Services
separate right -of -way construction permit shall be obtained from the
Division
Department of Public Works for the construction of street
improvements.
10
All applicable building permits for the unpermitted tenant
Building
improvements shall be obtained within ninety (90) days of the date
of this resolution.
11
The classrooms shall be limited to a maximum attendance of no
Code
more than 53 students at any time. The overall maximum
Enforcement
enrollment of the school shall not exceed 125 students.
12
The rear yard area on the north side of the tenant space shall be used
Code
for delivery purposes only. Loitering by students or school faculty
Enforcement
shall not be permitted in this area at any time.
13
School faculty and student parking shall occur on -site only.
Code
Enforcement
14
The Applicant shall defend, indemnify, and hold harmless the City
Planning
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.
15
The property shall be developed substantially in accordance with
Planning
plans and specifications submitted to and reviewed by the City of
Anaheim and which plans are on file with the Planning Department
and as conditioned herein.
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