Resolution-PC 2003-72~
RESOLUTION NO. PC2003-72
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04686 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: LOT 4 AND THE EAST 46 FEET OF LOT 5 OF THE TRAVIS TRACT,
AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 120 OF MISCELLANEOUS
RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. '
EXCEPTING FROM SAID LOT 4 THAT PORTION, LYING EASTERLY OF THE
CENTERLINE OF THE 40 FOOT COUNTY ROAD SECOND DESCRIBED IN THE DEED
FROM B.R. DOUGLASS AND OTHERS TO THE COUNTY OF ORANGE, RECORDED
OCTOBER 7, 1926 IN BOOK 682, PAGE 109 OF DEEDS.
ALSO EXCEPTING THEREFROM THAT PORTION AS DESCRIBED IN THE FINAL
ORDER OF CONDEMNATION BY THE STATE OF CALIFORNIA, A CERTIFIED COPY
OF WHICH WAS RECORDED NOVEMBER 2, 1964 IN BOOK 7285, PAGE 833 OF
OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM. THAT PORTION AS DESCRIBEQ IN THE FI.NAL.
ORDER OF CONDEMNATION BY THE COUNTY OF ORANGE, CA, A CERTIFIED COPY
OF WHICH WAS RECORDED AUGUST 30, 1965 IN BOOK 7648, PAGE 943 OF
OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN THAT CERTAIN
AMENDED FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO.
178586[Y], A CERTIFIED COPY OF WHICH WAS RECORDED APRIL 5, 1972 IN BOOK
10069, PAGE 290 OF SAID OFFICIAL RECORDS.
PARCEL 2: BEGINNING AT A POINT IN THE SOUTH LINE OF LOT Y OF THE VAN
DE GRAAF TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 440 OF
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, SAID POINT
BEING 1443.6 FEET EAST OF THE POINT WHERE THE SOUTH LINE OF SAID LOT Y
PRODUCED WEST, INTERSECTS THE WEST BOUNDARY OF THE RANCHO
SANTIAGO DE SANTA ANA; THENCE NORTH 1012.35 FEET TO THE SOUTH LINE OF
THE SOUTHERN PACIFIC RAILROAD RIGHT OF WAY; THENCE NORTHEASTERLY
ALONG THE SOUTH LINE OF SAID RIGHT OF WAY 455.9 FEET; THENCE SOUTH
11904.25 FEET TO THE SOUTH LINE OF LOT Y; THENCE WEST 447.0 FEET TO THE
POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE EAST LINE OF THAT CERTAIN PROPERTY
DESCRIBED IN DEED RECORDED JUNE 20, 1928 IN BOOK 169, PAGE 417 OF
OFFICIAL RECORDS, WHICH SAID POINT OF BEGINNING IS DISTANT SOUTH,
MEASURED ALONG THE SAID EAST LINE 81 FEET FROM THE CENTER OF THE
SOUTHERN PACIFIC RAILROAD AND RUNNING THENCE SAID POINT OF BEGINNING
SOUTH ALONG SAID EAST LINE 25 FEET; THENCE AT RIGHT ANGLES EAST 20
FEET; THENCE AT RIGHT ANGLES NORTH 25 FEET; THENCE AT RIGHT ANGLES
WEST 20 FEET TO THE POINT OF BEGINNING.
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ALSO EXCEPTING THEREFROM THAT PORTION AS DESCRIBED IN THE FINAL
ORDER OF CONDEMNATION BY THE STATE OF CALIFORNIA, AS CERTIFIED COPY
OF WHICH WAS RECORDED NOVEMBER 2, 1964 IN BOOK 7285, PAGE 833 OF
OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN THAT CERTAIN
AMENDED FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO.
178586, A CERTIFIED COPY OF WHICH WAS RECORDED APRIL 5, 1972 IN BOOK
10069, PAGE 290 OF SAID OFFICIAL RECORDS.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on May 5, 2003 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 said public hearing was
continued to the May 19, 2003 Planning Commission meeting; 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 18.50.090.120 and 18.50.090.130 to permit a vocational school in a
new office building with accessory commercial event parking and with waiver of the following:
(a) Sections 18.06.050.020.021.0212 - Minimum number of parkina spaces.
18.06.050.020.023.0232 (739 spaces required;
18.06.050.020.026.0263 630 spaces proposed and concurred with by the Traffic
18.06.080 and Transportation Manager)
and 18.50.160
(b) Section 18.50.130.020.0207 - Minimum landscaqe setback abuttinq a freewav.
(25 feet, fully landscaped, required;
3 feet, landscaped, proposed along the SR 57(Orange)
Freeway)
2. That this property is currently zoned ML (Limited Industrial); that a Resolution of Intent
has been approved to reclassify the property to the (SE) (Sports Entertainment Overlay) Zone in
connection with Reclassification No. 99-00-15; that the property is located in the Arrowhead Pond District
of the Sports Entertainment Overlay; and that prior to issuance of a building permit for development of
the proposed building, a zoning ordinance will be adopted in connection with Reclassification No. 99-00-
15 to reclassify the property to the ML(SE) (Limited Industrial - Sports Entertainment Overlay) Zone.
3. That waiver (a), minimum number of parking spaces, is hereby approved based on the
conclusions contained in the submitted parking study described in paragraph (26) of the Staff Report to
the Planning Commission dated May 19, 2003, and which study was approved by the City Traffic and
Transportation Manager.
4. That the parking waiver, under the conditions imposed, will not cause fewer off-street
parking spaces to be provided for the proposed use than the number of such spaces necessary to
accommodate all vehicles attributable to such use under the normal and reasonably foreseeabfe
conditions of operation of the use.
5. That the parking 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.
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6. That the parking 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.
7. That the parking waiver, under the conditions imposed, will not increase traffic congestion
within the off-street parking areas or lots provided for the proposed use.
8. That the parking 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.
9. That waiver (b), minimum landscaped setback abutting a freeway, is hereby approved
based on the special circumstance applicable to the property consisting of its irregular shape, which does
not apply to other identically zoned properties in the vicinity; and that the slope in the existing CalTrans
right-of-way provides landscaping plus a substantial grade difference between the SR 57 (Orange)
Freeway and the subject property.
10. That strict application of the Zoning Code would deprive the property of privileges
enjoyed by other properties under identical zoning classification in the vicinity because the property to the
south across Katella Avenue between the freeway and Douglass Road, which is developed with a hotel,
was granted a similar setback waiver in connection with the proposed development of that hotel.
11. That the proposed vocational school and event parking will not adversely affect the
adjoining land uses and the growth and development of the area in which said uses will be located based
on adherence to the required traffic manage.ment_plao.
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.
13 That the traffic generated by the proposed use 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 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.
15. That no one indicated their presence at said 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 vocational school in a new office building
with accessory commercial event parking at 1501-1551 South Douglass Road with waivers of minimum
number of parking spaces and minimum landscape setback abutting a freeway; and does hereby
determine that the previously-certified Environmental Impact Report No. 321 is adequate to serve as the
required environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Ciry 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 safery and general welfare of the Citizens of the City of Anaheim:
1. That gates shall not be installed across any driveway in a manner which may adversely affect
vehicular tra~c in the adjacent public streets. Installation of any gates shall conform to Engineering
Standard Plan No. 609 and shall be subject to review and approval by the City Traffic and
Transportation Manager prior to issuance of a building permit.
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2. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the current versions of Engineering Standard Plan Nos. 436, 601 and
602 pertaining to parking standards and driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said plans.
3. That an on-site trash truck turn around area shall be provided in accordance with Engineering
Standard Detail No. 610 and shall be shown on the plans submitted for building permits, as required
by the Department of Public Works, Streets and Sanitation Division.
4. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
use.
That fhe developer shall comply with Ordinance No. 5209 and Resolution No. 91 R-89 relating to the
Transportation Demand Management ("TDM") by providing on-site taxi and shuttle bus loading
zones, and by joining and financially participating in the ATN and Clean Fuel Shuttle Program, and
by installing bicycle racks. Said formation shall be specifically shown on the plans submitted for
building permits.
6. 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
sign, wall and/or fence locations.
7. That the property owner or petitioner shall be responsible for paying the full cost associated with the
use of any Police Department and/or Traffic Management Center staff who may be needed for traffic
control purposes.
8. That the developer shall pay for the redesign and reconstruction of the traffic signal at the projecYs
most northerly driveway to provide for a full access intersection. Plans showing the redesign of the
traffic signal shall be submitted to the Traffic and Transportation Manager for review and approval.
Reconstruction shall be completed prior to the final occupancy of the building.
9. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing closure of the existing most southerly driveway (which is located about twenty five (25) feet
from the south property line). Said driveway shall be reconstructed with full curb and gutter.
10. That the vocational school shall issue parking permits to all Westwood College students and staff;
and that the students shall use the signalized intersection at the most northerly driveway during
events at the Arrowhead Pond of Anaheim (the "Pond").
11. That accessory commercial event parking shall be directed to the center driveway which is located
directly opposite the driveway on the east side of Douglass Road between the Arrowhead Pond of
Anaheim and the Trammell Crow Arena Corporate Center. Event staffing and barricades for the
Pond's parking shal! coordinated with the Police Department and provided in a manner which
minimizes the possibility of entering traffic backing up to Douglass Road.
12. That the water backflow equipment and any other large water system equipment shall be installed to
the satisfaction of the Water Utility Division in either underground vaults or behind the street setback
area in a manner fully screened from all public streets and freeways.
13. That because this project has landscaping areas exceeding two thousand five hundred (2,500)
square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19
(Landscape Water E~ciency) of Anaheim Municipal Code and Ordinance No. 5349. Said
information shall be specifically shown on the plans submitted for building permits.
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14. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage area(s) shall be designed, located and screened so as not to be
readily identifiable from adjacent streets or freeways. The walls of the storage area(s) shall be
protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized
clinging vines planted on maximum three (3) foot centers, or tall shrubbery. Said information shall
be specifically shown on the plans submitted for building permits.
15. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to
the Streets and Sanitation Division for review and approval.
16. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement
for public utility purposes to be determined as electrical design is completed.
17. That all air-conditioning facilities and other roof and ground mounted equipment shall be properly
shielded from view from the SR-57 (Orange) Freeway, surrounding streets and the Arrowhead Pond
of Anaheim. Such information shall be specifically shown on the plans submitted for building
permits.
18. 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 twenty
four (24) hours from time of occurrence.
19. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased _and/or dies.
20. That the locations for future above-ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown
on the plans submitted for building permits. Said plans shall also identify the specific screening
treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access
points, etc.) and shall be subject to review and approval by the appropriate City departments.
21. That four (4) foot high street address numbers shall be displayed on the building roof in a contrasting
color to the roof material. The numbers shall not be visible to any street, freeway or adjacent
property. Said information shall be specifically shown on the plans submitted for building permits.
22. That the grading plan submitted by the developer shall include provisions for tree well construction
and installation of parkway trees and additional landscaping and irrigation in accordance with the
Circulation Element and the Stadium Area Master Land Use Plan, as approved by the Parks Division
and the City Engineer. The improvements shall be completed prior to final building and zoning
inspections.
23. That a lot line adjustment shall be submitted to the Public Works Department, Development Services
Division, to merge the existing parcels into one (1) legal lot. The lot line adjustment shall be
approved by the City Engineer and recorded in the office of the Orange County Recorder.
24. That the petitioner shall submit a letter to the Zoning Division requesting termination of the following
zoning entitlements:
Conditional Use Permit No. 3700 (to establish and construct a parking area adjacent to an
indoor sports and entertainment facility with waiver of required landscaping),
Variance No. 2000-04417 (to waive minimum landscaped setback abutting a freeway to
construct one 2-story and one 4-story office building), and
Conditional Use Permit No. 2001-04324 (to permit a commercial parking lot in conjunction
with a proposed office complex).
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25. 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 11, and as conditioned herein.
26. That the petitioner shall be responsible for compliance with all mitigation measures included in
Mitigation Monitoring Plan No. 005 (on file with the Planning Department) as established by the City
of Anaheim and as required by Section 21081.6 of the Public Resources Code within the assigned
time frames and any direct cost associated with their implementation.
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, 2, 3, 5, 6, 8, 9, 13, 14, 15, 16, 17, 20, 21, 22, 23,
24, 31 and 32, herein-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. 8, 12 and 25, herein mentioned,
shalf 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.
30. That any trees removed to construct new driveways for the property shall be replaced in an alternate
location to the satisfaction.of #he City Engineer..._
31. That approval of this Conditional Use Permit is subject to adoption and finalization of an ordinance
rezoning the property to the (SE) "Sports Entertainment Overla~' Zone.
32. That final sign plans for the new office building shall be submitted to the Zoning Division for review
and approval by the Planning Commission as a`Reports and Recommendations' item.
33. That, as stipulated by the petitioner in the letter of operation dated March 20, 2003, the maximum
enrollment shall be six hundred (600) students and the hours of operation shall be limited to the
following:
Monday through Thursday: 7 a.m. to 11 p.m.
Friday: 7 a.m. to 5 p.m.
Saturday: 8 a.m. to 5 p.m.
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.
BE IT FURTHER RESOLVED that unless conditions to the contrary are expressly
imposed upon granting of the parking waiver by the Planning Commission or City Council, the granting of
said waiver shall be deemed contingent upon operation of the approved use in conformance with the
assumptions relating 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 19, 2003.
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CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
,
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior 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 May 19, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO,
VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT..: COMMISSION~RS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2003.
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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