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Resolution-PC 2004-123~ ~ RESOLUTION NO. PC2004-123 A RESOWTION OF THE ANAHEIM PLANNING COMMISSION AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC98-189 ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 4074 :(2411-2461 WEST CA PALMAAVENUE AND 1212NORTH HUBBELL WAY) - WHEREAS,:on November 23, 1998, the Anaheim Planning Commission did, by Resolution No. PC98-189, grantConditional Use Permit No. 4074#o permit 21,289 square foot adult career/training center for up to 200 students with waiver of minimum number'of parking spaces. WHEREAS, Resolution Na PC98-189, adopted in connection with subject usepermit, includes the following condition of approval pertaining to a time limitation: WHEREAS, the petitioner has requested to amend said condition of approval "2. That this conditional use permit shall expire seven (7) years from the date of this resolution, on November 23, 2005; to coincide with expiration of the current lease." WHEREAS, this property is currently developed with two (2) mixed use industrial/office complexes with a total of eight (8) buildings having a cumulative floor. area of approximately 543,000 square feet, the underlying zoning is I(Industrial); the Anaheim General Plan designates this propertyfor lndustrial Jand uses; and this property is located within the West Anaheim Commercial Corridors Redevelopment Project Area; and is: situated in the City of Anaheim, County of Orange, State of California, described as: , PARCELA: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 141, PAGES 26 AND 27 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL B: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 26, PAGE 49 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL C: PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 26, PAGE 49 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 October 18, 2004, at 2:30 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 18.60, to hear and consider evidence for and against said proposed amendment and to investigate and make fiindings 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 the Zoning Code. 2. That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located. 3. That the size and shape of the site proposed 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 health and safety; CR\PC2004-123 '-1- PC2004-123 : ~ • 4. 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; ' 5. That the granting of the conditional use permitUnder the conditions imposed, if any, will not be detrimental fo the health and safety of the citizens of the City of Anaheim. 6. That the #acts necessary to support each and every finding for the original approval of the entitlemenf exists, 7. That the permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public health and safety and; 8. That with regard only to any deletion of a timeJimitation, such deletion is appropriate because ' it has been demonstrated that the use has operated in a manner that is appropriate in the underlying zone and the surrounding area and that the periodic review of the use is no longer necessary and/or it can be determined that, due to changed circumstances, the use is consistent with the City's long-term plans for the area. 9. °< Thaf no one indicated their presence at said public hearing in opposition; and that no' correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to delete a condition of approval pertaining to a timelimitation to retain an adult/career training center and does herebyfind that the Negative Declaration previously approved in connection with Conditional Use Permit No. 4074 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project wili have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby amend, in its entirety, the conditions contained in Resolution No. PC98-189 to read as follows: 1. That the maximum number of students shall be limited to one hundred seventy-five (175) students on- site at any given time. 2. That there shall be no housing of students on these premises. 3. That the career center shall limit instruction to vocational health services and computer training. 4. That signage on the subject property shall be limited to that which is shown on Exhibit No. 4, as submitted by the petitioner and approved by the Planning Commission. Any additional signs shall be : subject to reviewing approval by the Planning Services Division. Any decision by staff may be appealed to the Planning Commission as a"Reports and Recommendations° item. 5. That prior to this business commencing operation, a valid business license shall be obtained from the City Business License Division. 6. 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, 2, 3 and 4, and as conditioned herein. 7. That prior to the commencement of the activity authorized by this resolution, Condition No. 5, above-mentioned, shall be complied with. ~ 8. 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 -2- PC2004-123 ' ~' ~ 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: AND BE 1T FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the finai 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 permifs or the revocation of the approvai of this application. THE FOREGOING RESOLUTION was adopted at the' Planning Commission meeting of October 18, 2004. Said resolution is subject to the appeal provisions set forth in Chapter,18.60"Procedures" of the Anaheim Municipal Code pertaining to appeal proc dure may be aced by a City Council Resolution in the event of an appeaL ' _ ~ HAIRMAN, AHEIM PLANNING COMMISSION ATTEST: ' ~~C~-- i~~~-'° ' SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION _ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on October 18, 2004, by the following vote of the members thereof; AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ,G n d day of - A1 , 2004. /r~2'.~c.o SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION