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Resolution-PC 2002-85• RESOLUTION NO. PC2002-85 ~ A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04547 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 1: THE WEST HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPT THE NORTH 66.00 FEET THEREOF AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED JANUARY 20, 1956 IN BOOK 3362, PAGE 306 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY ALSO EXCEPT THE WEST 190.00 FEET OF THE NORTH 216.00 FEET THEREOF. ALSO EXCEPT THE SOUTH 134.00 FEET THEREOF. ALSO EXCEPT TH~ EAST 1_29.30 FEET THEREOF. ALSO EXCEPT THE EAST 185.00 FEET OF THE NORTH 216.00 FEET THEREOF. PARCEL 2: THAT PORTION OF THE WEST HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, THAT IS DESIGNATED AS PARCEL 2 AND PARCEL 3 ON A MAP FILED IN BOOK 49, PAGE 33 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. EXCEPT THE WEST 0.78 FEET OF SAID PARCEL 3. ALSO EXCEPT THE EAST 12.00 FEET OF THE SOUTH 108.50 FEET OF SAID PARCEL 3. ALSO EXCEPT THE EAST 2.00 FEET OF THE NORTH 137.33 FEET OF THE SOUTH 245.83 FEET OF SAID PARCEL 2. ALSO EXCEPT THE SOUTH 108.50 FEET OF SAID PARCEL 2. PARCEL 3: PARCEL 1 AND THE EAST 2.00 FEET OF THE NORTH 137.33 FEET OF THE SOUTH 45.83 FEET OF PARCEL 2, BOTH AS SHOWN ON A MAP FILED IN BOOK 49, PAGE 33 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. EXCEPT THE SOUTH 108.50 FEET OF SAID PARCEL 1. PARCEL 4: PARCEL 4 AND THE WEST 0.78 FEET OF PARCEL 3 BOTH AS SHOWN ON A MAP FILED IN BOOK 49, PAGE 33 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.. EXCEPT THE WEST 0.70 FEET OF SAID PARCEL 4. CR5380DM -1- PC2002-85 • • PARCEL 5: THE SOUTH 108.50 FEET OF PARCELS 1 AND 2 AND OF THE EAST 12.00 FEET OF PARCEL 3 OF A SURVEY OF A PARCEL OF LAND, AS SAID PARCELS ARE SHOWN ON A MAP FILED IN BOOK 49, PAGE 33 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 6: THE SOUTH 150.00 FEET OF THE NORTH 216.00 FEET OF THE EAST 185.00 FEET OF THE WEST HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS PER MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY. NOTE: SAID PARCELS ARE ALSO SHOWN IN BOOK 44, PAGE 16 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 3, 2002 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 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 Section 18.44.050.270 to permit a vocational training school within an exisfing commercial center with waiver of the following: Sections 18.06.050.020.021.0212 18.06.050.020.022 18.06.050.026.0263 18.06.080 and 18.44.066.050 - Minimum number of parking spaces. (758 spaces required; 396 spaces proposed and recommended by the City Traffic and Transportation Manager) 2. That a parking study prepared by Kimley-Horner and Associates, Inc., dated April 12, 2002, was submitted to substantiate the proposed parking waiver; and that the waiver, under the conditions imposed, and based upon the conclusions contained in the submitted parking demand study (described in paragraphs (9) and (18) of the Staff Report to the Planning Commission dated June 3, 2002) will not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to the school and commercial complex under normal and reasonably foreseeable conditions of operation of such use. 3. 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. 4. That the waiver, under the conditions imposed, wil! not increase the demand and competition for parking spaces upon adjacent private property in the immediate viciniry of the proposed use. 5. That the waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for such use. 6. 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. 7. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. -2- PC2002-85 • • 8. 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. 9. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry traffic in the area based on the findings of the parking study which indicates there will be adequate on-site parking for all combined uses on the property. 10. That granting of this conditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 11. 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: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report ("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. 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_ Ihat the hours of operation for the school shall be limited to Monday through Friday, 7:30 a.m. - 4:30 p.m., as stipulated to in the petitioner's letter of operation. 2. (a) That no portable signs shall be utilized to advertise this vocational training school. (b) That signage shall be limited to one (1) wall sign; provided, however, that any additional signs may be submitted to the Planning Commission for review and approval as a"Reports and Recommendations" item. 3. That no outdoor activities shall take place in conjunction with this vocational training school; that the doors on the east side of the building shall remain closed; and that no outdoor activities shal! take place to the rear of the building adjacent to Topanga Drive. 4. That the client drop-off and loading area shall be limited to the west parking lot immediately adjacent to the building; and that no alley drop-offs or loading shall be permitted. Said drop-off area shall be specified on the plans submitted for building permits. 5. That two (2) separate restrooms, one for men and the other for women, shall be specified on the plans submitted for building permits. 6. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor uses. 7. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within finrenty four (24) hours from time of occurrence. 8. That the trash storage area(s) shall be refurbished to comply with approved plans on file with the Public Works Department. 9. That gates shall be installed on the trash enclosure(s) which will be used by the vocational training school, in accordance with City standards. -3- PC2002-85 • ~ 10 That three (3) foot high street address numbers shall be displayed on the roof of the building in a contrasting color to the roof material. The numbers shall not be visible to the adjacent streets and nearby properties. Said information shall be specifically shown on the plans submitted for building permits. 11. That subject property shall be maintained substantially in accordance with plans and specifications subr~itted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 12. That prior to issuance of a building permit, or prior to commencement of the activity authorized by this resolution, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 4, 5 and 10, above-mentioned, shail 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. 13. That prior to final building and zoning inspections, Condition Nos. 8, 9 and 11, above-mentioned, shall be complied with. 14. 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, unless conditions to the contrary are expressly imposed upon the granting of the parking waiver pursuant to Section 18.06.080 of the Anaheim Municipal Code by the Planning Commission or City Council, the granting of the parking waiver shall be deemed contingent upon operation of the approved use in conformance with the assumptions refafing to the operation and intensity of the use as contained in the parking demand study that formed the basis for approval of said waiver; and that exceeding, violating, intensifying or otherwise deviating from any of said assumptions as contained in the parking demand study shall be deemed a violation of the express conditions imposed upon said waiver which shall subject said waiver to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. 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 June 3, 2002. . ~~`~-' CHAIRPERS , A AHEIM CI LANNING COMMISSION ATTEST: ~~, o~ SECRETARY, ANAHEIM CiTY PLANNING COMMISSION -4- PC2002-85 ~ ~ 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 June 3, 2002, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of , 2002. i~C~~.~--~ ~~-~~° SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2002-85