Resolution-PC 2014-024RESOLUTION NO. PC2014 -024
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO
CONDITIONAL USE PERMIT NO. 3156 AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2013- 000096)
(701 AND 721 EAST BALL ROAD)
WHEREAS, on June 19, 1989, and subject to certain conditions of approval, the Anaheim City
Council, by its Resolution No. PC89 -131, approved Conditional Use Permit No. 3156 to permit
industrially- related office uses within an existing industrial complex with waivers of the
minimum width of small car parking spaces, maximum number of compact parking spaces and
the minimum number of required parking spaces and at 701 -741 East Ball Road (herein referred
to as the "Original CUP ") on that certain real property located at 701 -741 East Ball Road in the
City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated
herein by this reference (the "Property "); and
WHEREAS, on April 2, 2007, the Planning Commission of the City of Anaheim
( "Planning Commission "), by its Resolution No. PC2007 -29, approved an amendment to the
Original CUP to allow office uses in an existing industrial complex pursuant to Section
18.60.190.030 of the Anaheim Municipal Code (the "Code ") and to permit a
business /educational school pursuant to Section 18.10.030.040.0402 of the Code (herein referred
to as the "First Amendment to Original CUP "); and
WHEREAS, the Original CUP, together with the aforementioned amendment thereto,
shall be referred to herein collectively as the "CUP ". The conditions of approval which were the
subject of the Original CUP shall be referred to herein collectively as the "Previous Conditions
of Approval "; and
WHEREAS, the Planning Commission did receive a verified petition to amend the CUP
to permit the expansion of an existing business/educational school into an adjacent building
pursuant to Section 18.60.190 of the Code. Said amendment is designated as Conditional Use
Permit No. 3156A; and
WHEREAS, the Property is approximately 6.3 acres in size and is developed with an
industrial office complex comprised of five buildings, consisting of approximately 117,284
square feet. The Property is located in the Industrial (I) Zone and is subject to the zoning and
development standards described in Chapter 18.10 (Industrial Zone) of the Code. The Land Use
Element of the Anaheim General Plan designates the Property for Industrial land uses; and
WHEREAS, on March 10, 2014, the Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim, notice of said public hearing having been duly given as
required by Resolution No. 95R -134 and in accordance with the provisions of Chapter 18.60 of
the Code, to hear and consider evidence for and against proposed Conditional Use Permit No.
3156A, and to investigate and make findings and recommendations in connection therewith; and
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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. 3156A, does find and
determine the following facts:
1. The request to permit the expansion of an existing computer training
school into an adjacent building is properly one for which a conditional use permit is
authorized under Section 18.10.030.040.0402 of the Code.
2. The expansion of an existing business /educational school into an adjacent
building, under the conditions imposed, will not adversely affect the surrounding land
uses, or the growth and development of the area in which it is proposed to be located
because the expansion will be compatible with the surrounding industrial uses in the area.
3. The size and shape of the site for the expansion of an existing
business /educational school into an adjacent building is adequate to allow the full
development of the proposed use, in a manner not detrimental to either the particular area
or health and safety because the site can accommodate the parking, traffic flows, and
circulation without creating detrimental effects on adjacent properties.
4. The traffic generated by the proposed use will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area
because the site is adequate in size to accommodate the expansion without increasing
impacts on the surrounding area.
5. The granting of Conditional Use Permit No. 3156A under the conditions
imposed will not be detrimental to the health and safety of the citizens of the City of
Anaheim and will provide an integrated land use that is compatible with the surrounding
area.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission as follows:
1. Conditional Use Permit No. 3156A is hereby approved, thereby amending the CUP.
2. The conditions of approval attached to this Resolution as Exhibit B amend the
Previous Conditions of Approval for the Original CUP and, except as amended herein, all
Previous Conditions of Approval for the Original CUP shall remain in full force and effect.
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3. The conditions of approval attached to this Resolution as Exhibit B hereby replace the
conditions of approval attached to Planning Commission Resolution No. PC2007 -29 in their
entirety and, therefore, shall control and govern the First Amendment to Original CUP.
4. The conditions of approval described in Exhibit B attached hereto and incorporated
herein by this reference, are hereby found to be a necessary prerequisite to the proposed use of
the Property under Conditional Use Permit No. 3156A 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, (ii) the modification complies with the Code, and
(iii) the applicant has demonstrated significant progress toward establishment of the use or
approved development.
5. Conditional Use Permit No. 3156A is approved without limitations on the duration of
the use. Amendments, modifications and revocations of this permit may be processed in
accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (City -
Initiated Revocation or Modification of Permits) of the Code.
6. Approval of Conditional Use Permit No. 3156A constitutes approval of the proposed
request only to the extent that it complies with the Zoning Code of the City of Anaheim 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.
7. The 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 10, 2014. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Code pertaining to appeal procedures and may be replaced by a resolution of
the City Council in the event of an appeal.
mu1 tc(
CHAIR, ANAHEIM CITY P ANNING COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 10, 2014, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, LIEBERMAN, PERSAUD,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAINED: COMMISSIONERS: CALDWELL
IN WITNESS WHEREOF, I have hereunto set my hand this 10 "' day of March, 2014.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2013 -00096
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®` Source: Recorded Tract Maps and /or City GIS.
i ,.,,, Please note the accuracy is +/- two to five feet.
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 3156A
(DEV2013- 00096)
NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
GENERAL CONDITIONS
1
The school shall operate in accordance with the letter of
Planning
Department,
operation dated February 26, 2014.
Code
Enforcement
2
The school shall not exceed a maximum of 40 students on -site
Planning
Department,
at any given time.
Code
Enforcement
3
This facility shall be used for educational, vocational and
Planning
training activities only.
Department,
Code
Enforcement
4
No outdoor activities involving gathering of persons shall be
Planning
permitted on -site.
Department,
Code
Enforcement
5
Complete a Burglary /Robbery Alarm Permit application, Form
Police
APD 516, and return it to the Police Department prior to initial
Department
alarm activation. This form is available at the Police
Department front counter, or it can be downloaded from the
following web site: htt : / /www.anaheim.net/article.as . id =678
6
All exterior doors to have adequate security hardware, e.g.
Police
deadbolt locks. The locks shall be so constructed that both the
Department
deadbolt and deadlocking latch can be retracted by a single
action of the inside doorknob/lever /turn piece.
7
Wide -angle peepholes or other viewing device should be
Police
installed in solid doors where natural surveillance is
Department
compromised.
8
All exterior doors shall have their own light source, which shall
Police
adequately illuminate door areas at all hours to make clearly
Department
visible the presence of any person on or about the premises and
provide adequate illumination for persons exiting the building.
6- PC2014 -024
NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
9
The Applicant is responsible for paying all charges related to
Planning
the processing of this discretionary case application within 30
Department,
days of the issuance of the final invoice or prior to the issuance
Planning
of building permits for this project, whichever occurs first.
Services
Failure to pay all charges shall result in delays in the issuance of
Division
required permits or may result in the revocation of the approval
of this application.
10
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
Planning
"Indemnitees ") from any and all claims, actions or proceedings
Services
brought against Indemnitees to attack, review, set aside, void, or
Division
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.
11
The property shall be developed substantially in accordance
Planning
with plans and specifications submitted to the City of Anaheim
Department,
by the applicant and which plans are on file with the Planning
Planning
Department and as conditioned herein.
Services
Division
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