Resolution-PC 2001-167~
RESOLUTION NO. PC2001-167
~
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04366 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL A:
THAT PORTION OF PARCEL 3, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK
126, PAGES 31, 32 AND 33 OF PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, LYING WITHIN PARCEL 1, AS
SHOWN ON A PLAT MAP ATTACHED TO A"LOT LINE ADJUSTMENT"
INSTRUMENT RECORDED FEBRUARY 8, 1979 IN BOOK 13026, PAGE 1491,
OFFICIAL RECORDS.
PARCEL B:
AN EASEMENT FOR SEWER PURPOSES OVER, UNDER, ALONG, AND ACROSS THAT
PORTION OF THE SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 4 SOUTH,
RANGE 10-W€ST, IN TFiE RANEH~ ~OS G~YOT-~S, CITI~-OF -ANANEIM, COllP1TY ~F
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51,
PAGE 10, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF ORANGE COUNTY LYING 5.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED
LINE:
BEGINNING ON THE WESTERLY LINE OF SAID SECTION 6, DISTANT THEREON
SOUTH 0 DEGREES 39' 00" EAST, 323.35 FEET FROM THE INTERSECTION OF SAID
WESTERLY LINE WITH THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE
OF PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK 40, PAGE 16 OF PARCEL MAPS,
RECORDS OF SAID COUNTY; THENCE NORTH 89 DEGREES 15' 07" EAST, 58.53 FEET;
THENCE SOUTH 72 DEGREES 06' 04" EAST, 239.26 FEET; THENCE NORTH 89
DEGREES 19' 41" EAST, 374.00 FEET TO THE EASTERLY TERMINUS OF THIS
EASEMENT; THE SIDELINES OF SAID EASEMENT ARE TO BE LENGTHENED OR
SHORTENED TO TERMINATE IN THE EASTERLY LINE OF MAGNOLIA AVENUE, 106.00
FEET W1DE.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on December 3, 2001 at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for and against said proposed conditional use permit and to
investigate and make findings and recommendations in connection therewith; and that the hearing was
continued from the June 4, June 16, August 27, September 10, September 24, October 22, November 5
and November 19, 2001, Planning Commission meetings; and
WHEREAS, said 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,
does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.03.030.010 and 18.61.050.450 to permit a teleconferencing center
and private conference/training center with waiver of the following:
CR5252PK.doc -1- PC2001-167
•
•
Sections 18.06.050 - Minimum number of qarkinq spaces.
18.06.050.020.026.0263 (2,093 spaces required for Phase I(no parking structure), and
18.06.050.020.021.0212 3,093 spaces required for Phase II (with a parking structure);
18.06.080 1,719 spaces proposed for Phase I, and
and 18.61.066.050 2,681 spaces proposed for Phase II, as concurred with by City Traffic
and Transportation staffl
2. That the waiver, minimum number of parking spaces, is hereby approved on the basis
that City Traffic and Transportation staff have reviewed the proposal, including the traffic and parking
study, and concur that the proposed number of parking spaces is adequate to serve the existing uses and
the proposed use, as conditioned herein.
3. That the amount of parking forecast for the site is equal to or less than the supply
provided on site; that traffic and parking congestion will not occur because the overall demand for
parking at the site is within the supply; and that the layout of the parking area is such that traffic
congestion inside the parking area will not be excessive when parking demand is equal to or lower than
the supply.
4. That the proposed project will not impede vehicular ingress or egress, because the
project is not expected to result in a demand for on-street parking in the vicinity of any driveways or at
other Iocations in the project vicinity.
5. That the waiver, under the conditions imposed, will not cause fewer off-street parking
spaces to b~-provided ~or such use tk~an-~k~e n~ambgr o# such spaEes ~ecessary to-accommodate aA-
vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of
the use; and that the parking study indicates that the parking demand for off-street parking spaces will
not exceed the supply proposed for, and available at, the facility.
6. That the waiver, 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 parking for everyday use and for special events use will not exceed available off-street
parking.
7. That the waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed
use (which property is not expressly provided as parking for such use under an agreement in compliance
with Section 18.06.010.020 of the Zoning Code) because adequate parking will be provided on-site.
8. That the waiver, under the conditions imposed, will not increase traffic congestion within
the off-street parking areas or lots provided for such use.
9. That the waiver, 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 proposed use.
10. That the proposed teleconferencing center is not listed in the Zoning Code as being a
permitted use in the ML (Limited Industrial) zone, and that the proposed private training center is properly
a use for which a conditional use permit is authorized by the Zoning Code.
11. That the proposed use, as conditioned herein, will not adversely affect the adjoining
industrial and residential land uses and the growth and development of the area in which it is proposed to
be located because existing buildings separate the proposal from the residences to the south and
industrial uses to the south and east; and that the adjoining land use to the northeast is the Interstate 5/
Santa Ana Freeway.
-2- PC2001-167
~ .
12. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare, and with no affect to adjoining properties.
13. That the traffic generated by the proposed use, as conditioned herein, will not impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the area.
14. That granting this permit, under the conditions of approval, will not be detrimental to the
peace, health, safety and general welfare of the citizens of the City of Anaheim because the proposed
use is located in an area that can accommodate the proposed scale of operation without adversely
impacting adjacent properties.
15. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit a teleconferencing center and private
conference/training center with waiver of minimum number of parking spaces on an irregularly-shaped
40.4-acre property located at the northwest corner of La Palma Avenue and Gilbert Street, and at the
northern termini of Hubbell Way and Electric Way, having frontages of 780 feet on the north side of La
Palma Avenue, 830 feet on the west side of Gilbert Street, and 64 feet at the north terminus of Hubbell
Way and 64 feet at the north terminus of Electric Way, and further described as 2411-2461 West La
Palma Avenue and 1212 North Hubbell Way (Living Stream Ministry and former Harvey Hubbell site);
and does hereby approve the Mitigated Negative Declaration and Mitigation Monitoring Plan No. 117
upor~-~i~di~g ~hat-the deElara#ion r~#lects the independent judgment of_the_lead agency an_ d that it has
considered the Mitigated Negative Declaration and Mitigation Monitoring Plan No. 117(a copy of the
Mitigation Monitoring Plan No. 117 is attached to this resolution), as modified at the public hearing,
together with any comments received during the public review process and further finding, and any
comments received that there is no substantial evidence that the project will have a significant effect on
the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
1. That the petitioner shall provide pedestrian sidewalk access throughout the project. An on-site
pedestrian circulation plan shall be submitted to the Zoning and Traffic Engineering Divisions for
review and approval. Said plan shall indicate all pedestrian paths of travel from the parking areas to
the teleconference/training center.
2. That no church-related activities shall be permitted on subject property unless a separate conditional
use permit is approved by the Planning Commission and/or City Council.
3. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses.
4. That no compact or small car parking spaces shall be permitted.
5. That an on-site trash truck turn around area shall be provided in accordance with Engineering
Standard Detail No. 610 and as required by the Maintenance Division. Said information shall be
specifically shown on the plans submitted for building permits.
6. That the project shall provide passenger loading and unloading areas acceptable to the City Traffic
and Transportation Manager. Said information shall be specifically shown on the plans submitted for
building permits.
-3- PC2001-167
~
~
That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval, showing conformance with Engineering Standard No. 137 pertaining to sight distance
visibility for any future sign and/or fence locations.
8. That the developer shall comply with Chapter 14.60 "Transportation Demand" (Ordinance No. 5209)
of the Anaheim Municipal Code and Resolution No. 91 R-89 relating to the Transportation Demand
Management (TDM) by providing on-site taxi and shuttle bus loading zones, by joining and
financially participating in the ATN and Clean Fuel Shuttle Program, and by installing bicycle racks.
Said information shall be specifically shown on the plans submitted for Traffic Engineering Division
approval.
9. That the property owner shall provide the City of Anaheim with a public utilities easement for primary
lines and transformer location to be determined as electrical design is completed.
10. That the water backflow equipment shall be above ground and behind the street setback area(s) in a
manner fully screened from all public streets. Any other large water system equipment shall be
installed to the satisfaction of the Water Engineering Division in either underground vaults or outside
the street setback area in a manner fully screened from all public streets. Said information shall be
specifically shown on plans submitted to and approved by Water Engineering and Cross Connection
Inspector prior to issuance of building permits.
11. That four (4) foot high street address numbers shall be displayed on the roofs of the buildings in a
contrasting color to the roof material. The numbers shall not be visible to the streets or adjacent
properties. Said ir~~oF~a~ioFl s~all be specifisal~y sk~own on the plans submitted ~or building-p€~Fnits.
12. That this facility shall be limited to the following operational characteristics:
(a) The public teleconferencing center shall be limited to a maximum of one thousand five hundred
(1,500) persons for Phase I(no parking structure) and two thousand six hundred (2,600)
persons for Phase II (with a parking structure) to ensure adequate parking for all businesses
on-site. The hours of operation for the teleconferencing center shall be limited to 8:00 a.m. to
5:00 p.m., Monday through Friday.
(b) The private conferencing/training center shall be limited to a maximum of five thousand (5,000)
persons for Phase I(no parking structure) and 10,000 persons for Phase II (with a parking
structure). The facility shall be utilized for this purpose a maximum of twenty one (21) days per
year, including two (2), six (6) days each, conferences during winter and summer vacations.
The hours of operation for the conferencing/training center shall be limited to 2:00 p.m. to 10:00
p.m., Monday through Saturday, for the two (2) bi-annual conferences; and to 2:00 p.m. to
10:00 p.m., Saturday and Sunday (and holidays), for the remaining conference/training dates.
13. (a) That all freestanding signs adjacent to the freeway, including the pole sign required to be
removed in connection with Conditional Use Permit No. 3953 (Condition No. 1 of Resolution
No. PC97-99), shall be removed.
(b) That prior to issuance of a building permit for the new teleconferencing center, the existing
freeway-oriented sign on the Harvey Hubbel property shall be removed.
(c) That within a period of finro (2) months from the date of this resolution, the existing "Anaheim
Palms" sign shall be removed, as required in connection with Conditional Use Permit No. 3953
(Condition No. 1 of Resolution No. PC97-99).
(d) That within a period of one (4) month from the date of this resolution, the un-permitted
freestanding "Westwood College" sign located at the westernmost driveway on La Palma
Avenue shall be removed.
-4- PC2001-167
~ •
14. That the existing business and trade school operating under Conditional Use Permit No. 4074 shall
cease to operate once the teleconferencing center opens; and that a letter requesting termination of
said use permit shall be submitted to the Zoning Division.
15. That the parking lot serving the premises shall be equipped with decorative lighting of sufficient
power to illuminate and make easily discernable the appearance and conduct of all persons on or
about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so
as not to unreasonably illuminate the window areas of nearby residences. Photometric plans shall
be submitted to the Anaheim Police Department for review and approval prior to issuance of building
permits.
16. (a) That the petitioner shall make every effort to coordinate activities with the Sa Rang
Presbyterian Church to schedule large events at separate times to ensure adequate circulation
on the surrounding public streets; and
(b) That no parking spaces at the Anaheim Palms Corporate site shall be utilized as overflow
parking by Sa Rang Presbyterian Church without prior approval by the City Traffic and
Transportation Manager.
17. That the property shall be permanently maintained in an orderly fashion through the provision of
regufar landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
48. That ~k~+s-~aci4ity shaA be used foX-teleconf~r-~ncing, conferences, and training activities only_
19. That the owner of subject property shall submit a letter to the Zoning Division requesting termination
of Conditional Use Permit No. 1888 (permitting offices and restaurants in an industrial complex),
Conditional Use Permit No. 2000-04263 (permitting temporary public teleconferencing and a private
training center), and Variance No. 3110 (waiver of permitted location of flashing signs and maximum
height of signs within 750 of a residential structure to construct a freestanding sign).
20. That final parking lot layout plans shall comply with all landscaping requirements of the Zoning Code.
21. That final site, elevation, landscaping, roof-mounted equipment, lighting, floor, and sign plans for the
Phase I and Phase II construction shall be submitted to the Zoning Division of the Planning
Department for review and approval by the Planning Commission as a"Reports and
Recommendations" item.
22. That a fair share of traffic signai maintenance costs (thirty three percent [33%]), including preventive
or extraordinary maintenance, unrecoverable damages and electrical costs, shall be paid by the
petitioner for the new signal located at the intersection of the main entrance (westerly most
driveway) and La Palma Avenue.
23. That final landscaping plans shall show the retaining of all mature landscaping features that are not
impacted by construction of the new buildings, and the extension of the row of Mexican Fan Palm
trees along the north property line adjacent to the freeway. Said information shall be shown on the
plans submitted for building permits.
24. That no outdoor activities involving gathering of persons shall be permitted on-site.
25. That the developer shall be responsible for compliance with all mitigation measures within the
assigned time frames and any direct costs associated with the attached Mitigation Monitoring
Program No. 117, as established by the City of Anaheim and as required by Section 21081.6 of the
Public Resources Code and as approved by the Planning Commission, to ensure implementation of
those identified mitigation measures.
-5- PC2001-167
~
~
26. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 5, and Exhibit No. 6(pages 1 through 25), and as
conditioned herein.
27. That prior to issuance of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 5, 6, 8, 9, 10, 11, 13, 15, 19, 20, 21 and 23,
above-mentioned, shall be complied with. Extensions for further time to complete said conditions
may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
28. That prior to final building and zoning inspections, Condition Nos. 14 and 26, above-mentioned, shall
be complied with.
29. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning 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 Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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
December 3, 2001. ~
' ' ~~~~%
CHAIRPE ON, ANAHEIM C Y PLANNING COMMISSION
ATTEST:
/~ ,~".~G~/YL~c.~C~/J
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, 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 December 3, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBiLT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSWTICK
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ T~ day of
~ e e e n~ ber, 2001.
~;~~- ~.~.~~..~-~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-6- PC2001-167