Resolution-PC 2017-024RESOLUTION NO. PC2017-024
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING AND ADOPTING
CONDITIONAL USE PERMIT NO. 2016-05895
(DEV2016-00115)
(3340 WEST BALL ROAD, UNIT A)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for Conditional Use Permit No. 2016-05895 to permit a
medical massage therapy school within an existing medical office complex (the "Proposed Project")
for that real property located at 3340 West Ball Road, Unit A in the City of Anaheim. County of
Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and
incorporated herein by this reference (the "Property"); and
WHEREAS, the Property, approximately 0.55 -acre in size, is currently developed with a
multi tenant medical office complex. The Anaheim General Plan designates the property for "I"
Institutional land uses. The Property is also located within the "C -G" General Commercial Zone and
and is subject to the zoning and development standards contained in Chapter 18.08 (Commercial
Zones) of the Anaheim Municipal Code (the "Code"); and
WHEREAS, the Proposed Project is a use not expressly authorized or permitted in the
"C -G" General Commercial Zone and is also not authorized or mentioned in any zone throughout the
City. Pursuant to the authority conferred upon the Planning Director by Section 18.66.040 (Approval
Authority) of Chapter 18.66 (Conditional Use Permits) of the Code and, specifically, paragraph
.0201 of Subsection .020 (Unlisted Uses Permitted), the Planning Director has found and determined
that the Proposed Project does not fit into an existing use class, as provided in subsection .020
(Inclusion of Specific Uses) of Section 18.36.020 (Classification of Uses), but may be authorized by
conditional use permit until such time as the Code is amended to include such a use; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on February 22, 2017 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.
2016-05895, 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
-1- PC2017-024
WHEREAS, the 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 operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing public or private structures, facilities, mechanical equipment, or topographical
features, involving negligible or no expansion of use beyond that existing at the time of this
determination, and that, therefore, pursuant to Section 15301 of the CEQA Guidelines, 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 Conditional Use Permit No. 2016- 05895, does find and determine the following:
1. Pursuant to the authority conferred upon the Planning Director by Section 18.66.040
(Approval Authority) of Chapter 18.66 (Conditional Use Permits) of the Code and, specifically,
paragraph .0201 of Subsection .020 (Unlisted Uses Permitted), the Planning Director has found and
determined that the Proposed Project does not fit into an existing use class, as provided in subsection
.020 (Inclusion of Specific Uses) of Section 18.36.020 (Classification of Uses), but may be
authorized by conditional use permit until such time as the Code is amended to include such a use;
and
2. The proposed establishment of a medical massage school complies with all of the
provisions of the "C -G" General Commercial Zone and, under the conditions imposed, would not
adversely affect the adjoining land uses and the growth and development of the area in which it is
located because the school is located in a medical office complex with similar office uses and there
is ample parking available for the complex; and
3. That 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 the use is consistent with the types of uses found in the existing medical office
center.
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 in that there are
sufficient parking spaces available within the complex. Therefore, there are no anticipated burdens
on streets and highways in the surrounding area; and
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 and will provide a land
use that is compatible with the surrounding area.
-2- PC2017-024
WHEREAS, this 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. This Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this
Planning Commission does hereby approve Conditional Use Permit No. 2016-05895, 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 that portion of the Property for which Conditional Use Permit No. 2016-
05895 is applicable 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.
-3- PC2017-024
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of February 22, 2017. 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.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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 February 22, 2017, by the following vote of the
members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, HENNINGER,
LIEBERMAN
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: CARBAJAL, SEYMOUR
IN WITNESS WHEREOF, I have hereunto set my hand this 22°d day of February, 2017.
ldag��/yam _ r
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
-4- PC2017-024
EXHIBIT "A"
DEV NO. 2016-00115
APN: 079-210-35
0
W
J
M
W U
3 ?
M 7
Q
2
Y
O
N
W BALL RD
z
J
y' 170'
OC
W
V% O
Q O
M
170'
CL'
z
W
Q
Y
Q
0
M
,� e so roc Source: Recorded Tract Maps and/or City GIS.
O
Feet Please note the accuracy is +/- two to five feet.
-5- PC2017-024
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2016-05895
(DEV2016-00115)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
GENERAL CONDITIONS
1
That the property shall be permanently maintained in an orderly
Planning and Building
fashion through the provision of regular landscaping maintenance,
Department,
removal of trash or debris, and removal of graffiti within twenty-
Code Enforcement
four (24) hours from the time of discovery.
Division
2
At no time shall the school be permitted to offer or advertise
Planning and Building
massage services to any member of the public, nor shall it operate
Department,
as a massage establishment in any manner as defined in Code
Code Enforcement
Section No. 18.16.070.
Division
3
The applicant shall submit a copy of the California Massage
Police Department
Therapy Council (CAMTC) approved program documentation and
the Bureau of Private Postsecondary Education approval, as well
as maintain at all times a valid CAMTC accreditation from the
California certifying body.
4
Within 30 days of this approval, the applicant shall obtain a valid
Planning and Building
City of Anaheim business license for a massage school.
Department,
Business License
Division
5
The business shall be operated in accordance with the Letter of
Planning and Building
Request submitted as part of this application. Any changes to the
Department
business operation as described in that document shall be subject
to review and approval by the Planning Director to determine
substantial conformance with the Letter of Request and to ensure
compatibility with the surrounding uses.
6
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
Department and as conditioned herein.
-6- PC2017-024
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
7
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 charges shall result in delays in the issuance of required
permits or may result in the revocation of the approval of this
application.
8
The Applicant shall defend, indemnify, and hold harmless the
Planning and Building
City and its officials, officers, employees and agents (collectively
Department
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.
-7- PC2017-024