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Resolution-PC 2013-043RESOLUTION NO. PC2013 -043 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2013 -05668 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00045) (2400 EAST KATELLA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2013 -05668 to permit an adult educational facility within an existing office and professional building for certain real property located at 2400 East Katella Avenue 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 "Property "); and WHEREAS, the Property, consisting of approximately 7.85- acres, is developed with an eleven -story office and professional building measuring approximately 261,368 square feet and contains three separate tenant spaces consisting of a private school business and a vacant space. The Property is located in the Low - Intensity Office ( Katella Sub -Area C District) and Platinum Triangle Mixed -Use Overlay zone. The Anaheim General Plan designates the Property for Mixed -Use land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 17, 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 of the Code, to hear and consider evidence for and against said proposed conditional use permit to investigate and make findings and recommendations in connection therewith; 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 with respect to the request to permit an adult educational facility does find and determine the following facts: - I - PC2013 -043 1. The proposed conditional use permit request to permit an adult educational facility within an existing office and professional building is properly one for which a conditional use permit is authorized under Section No. 18.08.030.010 (Educational Institutions) of the Code. 2. The proposed conditional use permit to permit an adult educational facility within an existing office and professional 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 compatible buildings and uses; and, the adult educational facility would be located within an existing building with no adverse effects to adjoining land uses. 3. The size and shape of the site for the use is adequate to allow the full development of the adult educational facility in a manner not detrimental to the particular area or to the health and safety because the adult educational facility would be located within an existing office and professional building. 4. The traffic generated by the adult educational 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 on the surrounding streets and adequate parking will be provided to accommodate the use. 5. 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 integrated with the surrounding office and professional and commercial uses and would not pose a health or safety risk to the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2013 -05668 subject to the conditions of approval described 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 conditions of approval may be granted in accordance with Section 18.60.170 of the 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 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 Code. -2- PC2013 -043 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 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 June 17, 2013. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. — �hq CHAIR, ANAHEIM CITY CANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2013 -043 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 June 17, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this 17� day of June, 2013, SENIOR ARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2013 -043 EXHIBIT "A" DEV NO. 2013-00045 32 -06 APN' 253 - 5 253 - 532 -07 253- 532 -08 F E KATELLA AVE � F 8 �1 U � N h 86 19 41 v� Source_ Recorded Tract Maps andlor City GI& - -� Please note the accuracy is N- nvo t0 five at -5- PC2013 -043 EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2013-05668 (DEV2013- 00045) NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY PRIOR TO ISSUANCE OF A BUILDING PERMIT 1 That all requests for new water services or fire lines, as well Public as any modifications, relocations, or abandonment of existing Utilities- water services and fire lines, shall be coordinated through Water Water Engineering Division of the Anaheim Public Utilities Engineering Department. 2 Prior to issuance of Building Permits, the Applicant shall Public meet with Water Engineering Cross Connection Control Staff Utilities - to determine whether a backflow prevention device must be Water installed on the Applicant's internal plumbing. Engineering GENERAL CONDITIONS 3 The Applicant shall defend, indemnify, and hold harmless the Planning City and its officials, officers, employees and agents Department (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. 4 The property shall be permanently maintained in an orderly Code fashion through the provision of regular landscaping Enforcement maintenance, removal of trash or debris. 5 Adequate lighting of parking lots, passageways, recesses, and Planning grounds contiguous to buildings shall be provided with Department 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 -6- PC2013 -043 7- PC2013 -043 any person on or about the premises and provide adequate illumination for persons exiting the building. 6 All activities related to the use shall occur indoors, except as Code may be permitted by an authorized Special Event Permit. Enforcement 7 No outside storage of equipment/furniture shall be permitted. Planning Department 8 No required parking area shall be fenced or otherwise Code enclosed for outdoor storage. Enforcement 9 Any graffiti painted or marked upon the premises or on any Code adjacent area under the control of the property owner shall be Enforcement removed or painted over within 24 hours of being applied. 10 The adult educational facility shall be operated in accordance Planning with the Letter of Request and the Parking Demand Letter Department submitted as part of this application. Any changes to the business operation as described in the Letter of Request and the Parking Demand Letter shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Operation and Parking Demand Letter and to ensure compatibility with the surrounding uses. The days and hours of operation are 8:00 a.m. to 10:00 p.m. The administrative offices will operate from 8:00 a.m. to 5:00 p.m. with 30 staff members. Classes be held from 9:00 a.m. to 10:00 p.m. and will be one to one and one -half hours long. Peak hours will occur on Tuesday and Thursday from 4:40 p.m. to 10:00 p.m. A total of seven classrooms are proposed and with an average class size of 15 students. A maximum of 62 students and 6 instructors will be present at the site and during the peak hours. The hours of operation may be modified subject to prior review and approval by Planning Director. 11 No required parking area shall be fenced or otherwise enclosed for outdoor storage. Code Enforcement 12 The Property shall be developed substantially in accordance Planning with plans and specifications submitted to and reviewed by Department the City of Anaheim and which plans are on file with the Planning Department herein marked Exhibit No. 1 (Site Plan), Exhibit No. 2 (9 Level Floor Plan) and as conditioned herein. 7- PC2013 -043