Resolution-PC 2017-074RESOLUTION NO. PC2017-074
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT
NO. 2014-05764 AND MAKING CERTAIN FINDINGS
IN CONNECTION THEREWITH
(DEV2014-00101)
(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. 2014-05764 to permit a
private adult education facility within an existing office building (herein referred to collectively as
the "Proposed Project") at 2390 East Orangewood Avenue, Suite 200 in the City of Anaheim (the
"Premises"). A petition for Variance No. 2015-05020 to permit less parking spaces than required
by the Zoning Code was also received; however, this variance was deleted from the request
subsequent to advertisement of the Proposed Project. The Premises is located on the second 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 October 30, 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.
2014-05764 and Variance No. 2015-05020 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, 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 pertaining to the request for Conditional Use Permit No. 2014-05764, 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 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.
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. 2014-05764, 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. 2014-05764 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 October 30, 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:
271
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 October 30, 2017, by the following vote of the
members thereof-
AYES:
hereof
AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE,
KEYS, LIEBERMAN, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of October, 2017.
'U.' ds=;
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2014-00101
APN : 232-011-32
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2014-05764
(DEV2014-00101)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS
I
No required parking area shall be fenced -off or otherwise enclosed for
Planning and
outdoor storage uses.
Building Department,
Code Enforcement
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2
The adult education school shall be operated in accordance with the
Planning and
Statement of Operations submitted as part of this application. Any changes
Building Department,
to the business operation as described in that document shall be subject to
review and approval by the Planning Director to determine substantial
planning Services
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conformance with the Letter of Request and to ensure compatibility with the
surrounding uses.
3
The applicant shall be responsible for maintaining the area adjacent to the
Planning and
premises over which they have control, in an orderly fashion through the
Building Department,
provision of regular maintenance and removal of trash or debris. Any graffiti
painted or marked upon the premises or on any adjacent area under the
Code Enforcement
control of the licensee shall be removed or painted over within 24 hours of
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being applied.
GENERAL CONDITIONS
4
The Applicant is responsible for paying all charges related to the processing
Planning and
of this discretionary case application within 30 days of the issuance of the
Building Department,
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
Planning Services
issuance of required permits or may result in the revocation of the approval
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of this application.
5
The Applicant shall defend, indemnify, and hold harmless the City and its
Planning and
officials, officers, employees and agents (collectively referred to
Building Department,
individually and collectively as "Indemnitees") from any and all claims,
Planning Services
actions or proceedings brought against Indemnitees to attack, review, set
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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.
6
The property shall be developed substantially in accordance with plans and
Planning and
specifications submitted to the City of Anaheim by the applicant and which
Building Department,
plans are on file with the Planning Department and as conditioned herein.
Planning Services
Division
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