Resolution-PC 2007-52• •
RESOLUTION NO. PC2007-52
A RESOLUTION OF'THEANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05208 BE GRANTED
(1360 SOUTH ANAHEIM BOULEVARD)
WHEREAS, the Anaheim Planning Commission did receive averified Petition for Conditional
Use Permit for certain real property situated in'the City of Anaheim, County of Orange, State of California,
described as
ALL THAT CERTAIN LAND SITUATED IN TME STATE OF CALIFORNIA, COUNTY OF
ORANGE; CITY OF ANAHEIM, DESCRIBED AS FOLLOWS: '
PARCEL 1: THAT PORTION OF LOT 1 OF TRACT NO. 3313, AS SHOWN ON A MAP
RECORDED 1N BOOK 107 PAGES 34=37 INCLUSIVE OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE GOUNTY, CALIFORNIA, LYING SOUTHERLY OF A LINE
PARAI~LEL WITH AND DISTANT SOUTHERLY 200.00 FEET, MEASURED AT RIGHT
ANGLES FROM TME MOSTNORTHERLY LINE OF SAID LOT 1.
PARCEL 2:
LOT 2 OF TRACTNO. 3313, AS SHOWN ON A MAP RECORDED IN BOOK 1Q7,
PAGES 34 TO 37 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY.
PARCEL 3:
THAT PORTION OF LOT 3 OF SAID TRACT NO. 3313, AS SHOWN ON A MAP
RECORqED IN BOOK 107, PAGES 34 TO 37 INCLUSIVE OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 3; THENCE ALONG THE
EASTERLY LINE OF SAID LOT 3, SOUTH 15 DEGREES 28 MINUTES 50 SECONDS
EAST 134.37 FEET; THENCE SOUTH 89 DEGREES 39 MINUTES 24 SECONDS
WEST 331.42 FEET TO A NON-TANGENT CURVE HAVING A RADIUS OF 2053.00
FEET; SAID CURVE ALSO BEING THE EASTERLY LINE OF LOS ANGELES
STREET, RADIAL LINE THROUGH SAID POINT BEARS NORTH 78 DEGREES 00
MINUTES 19 SECONDS EAST; THENCE NORTHWESTERLY 58.20 FEET ALONG
SAID CURVE AND SAID EASTERLY LINE OF LOS ANGELES STREET THROUGH A
CENTRAL ANGLE OF 1 DEGREE 37 MINUTES 27 SECONDS TO THE NORTHERLY
LINE OF SAID LOT 3; THENCE NORTH 76 DEGREES 22 MINUTES 52 SECONDS,
EAST 317.39 FEET TO THE POINT OF BEGINNING.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on May 30, 2007, 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 conditional use permit and to investigate and
make findings and recommendations in connection therewith;
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, dpes find
and determine the following facts:
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1. That the proposed use to establish a vocational college is properly one for which a
conditional use permit is permitted under authority of Code Section No: 18.10.030.040.0402 (Educational
Institution - Business)`with waiver of the following provision:
SECTION NO. 18.42.040.010 Minimum number of parkinq spaces.
(255 required; 209 proposed)
2. That the above-mentioned waiver, under the conditions imposed, 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 proposal under the norrnal and reasonably foreseeable
operation of such use.
3. That the parking waiver, under the conditions,imposed, will not increase the demand and
competition forparking spaces upon the public streets in the immediatevicinity, as indicated in the updated
parking study. The study states that the proposed vocational college would replace the former court
reporting college with no increase in intensity. The former college approvetl under CUP 1374 allowed for a
maximum enrollment of 200 students. There will be no increase in classroom space or the maximum
number of students therefore the parking provided on-site will be sufficient for the proposed schooL The
City's traffic and parking consultant reviewed the update and determined that the parking would be sufficient
to accommodate the proposed vocational college since there would be no further intensification on the site
and additional parking for the use would not be necessary.
4. That the waiver will not increase the demand and competition for parking spaces upon
adjacent properties in the immediate vicinity of the proposed use since all parking is contained on-site within
the property boundaries.
5. That the waiver will not increase traffic congestion within the off-street parking areas or lots
provided for the proposed uses as ingress and egress to the site would be provided via two (2) drtveways :
along Anaheim Boulevard.
6. That the proposed vocational school, as conditioned herein, would not adversety affect the
adjoining land uses and the growth and development of the area in which it is proposed to be located
because the site was formerly developed with a similar land use with no adverse affects to adjoining land
uses.
7. That the size and shape of the site for the vocational school is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area or to the health and
safety.
8. That 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 and will provide a land use that is
compatible with the surrounding area.
9. That 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 Planning
Commission has reviewed the proposal to establish a vocational college; and does hereby approve the
Negative Declaration 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 will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby
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found to be a necessary prerequisite to the proposed use of the subject property, in order to preserve the
health and safety of the Citizens of the City of Anaheim:
Prior to issuance of a buildinp permit or within a period of one (1) vear from the date of this
resolution whichever occurs first the followinq conditions shall be complied with:
1. That the property owner shall submit a letter to the Planning Services Division requesting termination
of Conditional Use Permit Na 3449 (to permit a 208 unit single room occupancy (SRO) residential
hofel).
Prior to final buildinq and zonina inspections the followina conditions shall be complied with:
2. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works
Department, Streets and Sanitation Division and in accordance with approved plans on file with said
Department. Said storage areas shall be designed, located and screened so as not to be readily
' identifiable from adjacent streets or highways: The walls of the storage areas shall be protected from
graffiti opportunities by the use of plant materials such as minimum 1-ga-lon size clinging vinesplanted on
maximum 3-foot centers or tall shrubbery.
3. That subject property shall be developed substantially in accordance with plans and specifications
submitted #o the City of Anaheim by the applicant and which plans are on file with the Planning
Department marked Exhibit Na 1, and as conditioned herein.
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General Conditions:
4. That prior to the operation of this business, a valid business license shall be obtained from the City of
Anaheim, Business License Division of the Planning Department.
5. That the total enrollment for the 27,876 square foot vocational school shall not exceed two hundred
(200) students.
6, That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and
ground contiguous to buildings shall be provided with f+ghting of sufficient wattage to provide adequate
illumination to make clearly visible the presence of any person on or about the premises during the
hours of darkness and provide a safe, secure environment for all persons, property, and vehicles
onsite.
7. That the vocational school shall be operated as specifically described in the applicanYs letter of operation
and parking letter. If at any time the operational characteristics of the school changes or intensifies, a
detailed description of the operational changes shall be submitted for review by the City's Traffic and
Parking Consultant to determine if the changes would cause fewer off-street parking spaces to be
provided than the number of spaces provided on site. If it is determined the expected demand is greater
than the spaces provided on site, an application for modification of the conditional use permit shall be
submitted to the Planning Services Division for approval by the Planning Commission.
8. That no required parking area shall be fenced or otherwise enclosed for storage uses
9. That all trash generated from the office buildings shall be properly contained in trash bins located
within approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall
be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the
property.
10. 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 gra~ti within twenty-four
(24) hours from the time of discovery.
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11: That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
12. Thattiming 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 intenf
and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and
(iii) the applicant has demonstrated significant progress toward establishment of the use or approved
development.
13. That extensions for further time to complete conditions of approval may be granted in accordance with
Section 18.60.170 of the Anaheim Municipal Code.
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 the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with ea~h and
all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared `
invalid or unenforceable by#he final judgment of any court of competentjurisdiction; then this Resolution,
and any,approvals herein contained, shall be deemed null and void.
BE IT FURTMER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
sMall result in delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 30, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to appeal cedures and may be replaced
by a City Council Resolution in the event of an appeaL
,
AIRMA , ANAHEIM PLANNING COMMISSION
ATTEST:
/U~?.o~- ~~'~'"°
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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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 Planning Commission
held on May 30, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI,' ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE '
ABSENT: COMMISSIONERS: NONE '
' IN WITNESS WHEREOF, I have hereunto set my hand this ~ ZT~ day of
~ur.~ ~,2007:
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~/~y, ~~l~r~ r
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION '