Resolution-PC 2016-026RESOLUTION NO. PC2016-026
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT
NO. 2015-05824 AND VARIANCE NO. 2016-05064 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2015-00099)
(2390 EAST ORANGEWOOD AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission")
did receive a verified petition to approve Conditional Use Permit No. 2015-05824 and Variance
No. 2016-05064 to permit a private business school within an office building to include the
following land use entitlements: (i) a conditional use permit to permit a private business school
within an existing office building; and (ii) a variance to permit less parking spaces than required
by the Zoning Code (herein referred to collectively as the "Proposed Project") at 2390 East
Orangewood Avenue, Suite 105 in the City of Anaheim (the "Premises"). The Premises is
located on the first floor within an existing office building on that certain real property generally
depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the
"Property"); and
WHEREAS, the Property is approximately 2.0 acres in size, developed with an office
building and is located at 2390 East Orangewood Avenue. The Land Use Element of the
Anaheim General Plan designates the Property for "M -U" Mixed Use land uses. The Property is
located in the "C -G" General Commercial Zone and the Platinum Triangle Mixed Use (PTMU)
Overlay Zone. Generally, the development standards and regulations of Chapter 18.20
(Platinum Triangle Mixed Use (PTMU) Overlay Zone) of the Anaheim Municipal Code (the
"Code") supersede the regulations of the underlying zone, i.e., that of the "C -G" General
Commercial Zone. However, the provisions of Chapter 18.20 (Platinum Triangle Mixed Use
(PTMU) Overlay Zone) do not apply to parcels that have been, or are proposed to be, developed
entirely under the "C -G" General Commercial Zone. Therefore, the Premises is subject to the
zoning and development standards described in Chapter 18.08 (Commercial Zones) of the Code;
and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on March 21, 2016 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 Code, to hear and consider evidence for and against proposed Conditional
Use Permit No. 2015-05824 and Variance No. 2016-05064, and to investigate and make findings
and recommendations in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for Implementation of the California Environmental
Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA
Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the
preparation and consideration of environmental documents for the Proposed Project; and
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WHEREAS, this Planning Commission finds and determines that the effects of the
Proposed Project are typical of those generated within that class of projects (i.e., Class 1 —
Existing Facilities) 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. Section 15301 (Existing Facilities) of the CEQA
Guidelines provides examples of projects that might qualify for an exemption from the
provisions of CEQA. The one example that is applicable to the Proposed Project is for:
"(a) Interior or exterior alterations involving such things as interior
partitions, plumbing, and electrical conveyances;"
The Proposed Project meets the criteria of Section 15301 of the CEQA Guidelines, and will not
cause a significant effect on the environment. The Proposed Project 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. 2015-05824, does find and
determine the following facts:
1. The proposed request to permit a private business school at the Premises is within
that class of primary uses, i.e., Educational Institutions- Business, which is subject to a
conditional use permit authorized under Table 8-A of Section 18.08.030 (Uses) of Chapter 18.08
(Commercial Zones) of the Code.
2. The proposed conditional use permit, as conditioned herein, would 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 school would be fully contained within the existing office building with
no outdoor activities proposed. No expansion or other physical changes to the exterior of the
building are proposed.
3. The size and shape of the site for the use is adequate to allow the full development
of the proposed project in a manner not detrimental to the particular area or to the health and
safety because the facilities on the Property will adhere to all required land use standards.
4. The traffic generated by the proposed project 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.
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
project will be compatible with the surrounding area through conditions of approval for the use
and is not a health or safety risk to the citizens of the City of Anaheim.
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WHEREAS, based upon the parking study submitted by the applicant and
observations made by staff, the Planning Commission does further find and determine that the
request for Variance No. 2016-05064 for less parking than required by the Code should be
approved for the following reasons:
SECTION NO. 18.42.040 Minimum number of parking spaces.
(1,256 spaces required; 1,249 spaces proposed)
1. The variance for the Property, under the conditions imposed, will not cause fewer
off-street parking spaces to be provided for the Property, including the proposed business school,
than the number of such spaces necessary to accommodate all vehicles attributable to all uses at
the Property under the normal and reasonably foreseeable conditions of operation of such uses;
2. The variance for the Property, 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 because the on-site parking will adequately accommodate the peak parking
demands of all combined uses on the site;
3. The variance for the Property, under the conditions imposed, will not increase the
demand and competition for parking spaces upon adjacent private property in the immediate
vicinity of the Property because the on-site parking for the office complex uses, will adequately
accommodate peak parking demands of all uses on the site;
4. The variance for the Property, under the conditions imposed, will not increase
traffic congestion within the off-street parking areas or lots provided for the Property because the
Property provides adequate ingress and egress points, which are designed to allow for adequate
on-site circulation; and
5. The variance for the Property, 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 Property because the Property has existing ingress or egress access points that are
designed to allow adequate on-site circulation and, therefore, will not impede vehicular ingress
to or egress from adjacent properties upon the public streets in the immediate vicinity of the
Property.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2015-05824 and Variance No. 2016-05064, contingent
upon and 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 under Conditional Use Permit No. 2015-05824 and Variance
No. 2016-05064 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.
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.
BE IT FURTHER RESOLVED that the 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of March 21, 2016. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and
may be replaced by a City Council Resolution in the event of an appeal.
AI, LANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
h_
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on March 21, 2016, by the following vote of the
members thereof:
AYES: COMMISSIONERS: BOSTWICK, DALATI, HENNINGER,
LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: CALDWELL
IN WITNESS WHEREOF, I have hereunto set my hand this 21 St day of March, 2016.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2015-00099
APN: 232-011-32
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2015-05824 AND
VARIANCE NO. 2016-05064
(DEV2015-00099)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
WITHIN 60 DAYS OF PLANNING COMMISSION APPRO VAL
1
The applicant/property owner of the subject property shall enter
Planning and Building
into a Declaration of Covenants, Conditions and Restrictions, in a
Department,
form satisfactory to the City Attorney, which shall be recorded in
Planning Services
the Official Records of the County of Orange, to provide
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reciprocal vehicular access and parking agreements for all parcels
within the office complex.
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
2
The building shall be equipped with an alarm system (silent or
Police Department
audible).
3
Complete a Burglary/Robbery Alarm Permit application, Form
Police Department
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: http://www.anaheim.net/article.asp?id=678
4
All exterior doors to have adequate security hardware, e.g.
Police Department
deadbolt locks.
OPERATIONAL CONDITIONS
5
No required parking area shall be fenced -off or otherwise enclosed
Planning and Building
for outdoor storage uses.
Department,
Code Enforcement
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6
The business school shall be operated in accordance with the
Planning and Building
Statement of Operations submitted as part of this application. Any
Department,
changes to the business operation as described in that document
Planning Services
shall be subject to review and approval by the Planning Director to
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determine substantial conformance with the Letter of Request and
to ensure compatibility with the surrounding uses.
7
Adequate lighting of parking lots, driveway, circulation areas,
Police Department
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 persons, property, and
vehicles on-site.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
8
The applicant shall be responsible for maintaining the area
Planning and Building
adjacent to the premises over which they have control, in an
Department,
orderly fashion through the provision of regular maintenance and
removal of trash or debris. Any graffiti painted or marked upon
Code Enforcement
the premises or on any adjacent area under the control of the
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licensee shall be removed or painted over within 24 hours of being
applied.
GENERAL CONDITIONS
9
The Applicant is responsible for paying all charges related to the
Planning and Building
processing of this discretionary case application within 30 days of
Department,
the issuance of the final invoice or prior to the issuance of building
permits for this project, whichever occurs first. Failure to pay all
Planning Services
charges shall result in delays in the issuance of required permits or
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may result in the revocation of the approval of this application.
10
The Applicant shall defend, indemnify, and hold harmless the City
Planning and Building
and its officials, officers, employees and agents (collectively
Department,
referred to individually and collectively as "Indemnitees") from
Planning Services
any and all claims, actions or proceedings brought against
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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.
11
The property shall be developed substantially in accordance with
Planning and Building
plans and specifications submitted to the City of Anaheim by the
Department,
applicant and which plans are on file with the Planning
Planning Services
Department and as conditioned herein.
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