Resolution-PC 2009-053RESOLUTION N0. PC2009-053
A RESOLUTION OF THE ANAHB[M CITY PLANNING COMMISSION
APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND
APPROVING CONDITIONAL USE PERMIT NO. 2008-05407 AND
VARIANCE NO. 2009-04781
(1900 SOUTH STATE COLLEGE BOULEVARD)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit and Variance to establish an educational institution with
fewer parking spaces than required by Code on certain real property situated in the City of
Anaheim, County of Orange, State of California, shown on Exhibit "A", attached hereto and
incorporated herein by this reference;
WHEREAS, the property proposed for an educational institution is currently
developed with a 226,231 square foot office building located in the Public Recreation (PR) zone,
in the Platinum Triangle Mixed CJse (PTMU) Overlay, Stadium District and the Anaheim
General Plan designates this propeRy for Mixed Use land uses; and
WHEREAS, the Anaheim City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on May 1 I, 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 variance and to investigate and make findings and recommendations
in connection therewith; and
WHEREAS, the Anaheim City Planning Commission, afterdue inspection,
investigation and study made by itself and in its behalf, and after due consideration of ali
evidence and reports offered at said hearing with respect to the request for a conditional use
permit, does find and determine the following facts:
I. That an educational institution in the Public Recreation (PR) zone is properly one
for which a conditional use permit is authorized by Anaheim Municipal Code Sections
18.14.030.0402 (Educational [nsYituYion-Business).
2. That the education institution would not adversely affect the adjoining
commercial and public recreation land uses and the growth and development of tha area in which
it is proposed to be located because the property is currently improved with an office building
and hours of operation would be compatible with surrounding uses.
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3. That the size and shape of Yhe siYe is adequate to allow the full develapment of the
proposed use in a manner not detrimental to the particular area nor to the health, safety and
general welfare of the pub(ic because the property is currently improved with an office building
and no expansion is proposed.
4. That the traffic generated by the education institution would not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the area
because the use is consistent with other uses in the office building and no expansion is proposed.
WHEREAS, said Commission does furCher find and determine that the request for
a variance of the following Code sections to permit fewer parking spaces than required by code
should be approved for the following reasons:
SECTION NO. 18.42.040A10 Minimum number of parkin~paces.
(1,321 spaces required; 1,300 spaces proposed).
l. The variance pertaining to the minimum number of parking spaces is hereby
approved based upon a parking letter prepared by SAA, dated April 22, 2009, and reviewed by
the City Traffic Engineer, which determined that there is adequate parking on the site to
accommodate the proposed use.
2. The variance, under the conditions imposed, will not cause Fewer off-street
parking spaces to be provided for the proposed use than the number of spaces necessary to
accommodate all vehicles attributable to the existing and proposed uses.
3. The variance, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the pubfic streets in the immediate vicinity of the proposed
use because the entire peak parking demand will be served by the existing parking supply where
no additional parking spaces on the immediate public streets will be needed.
4. The variance, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the
office building because the entire peak parking demand will be served by the existing parking
supply and no additional parking spaces on adjacent private property in the immediate vicinity
will be needed.
5. The variance, under the conditions imposed, will not increase traffic congestion
within the off-street parking areas or lots provided for such use because the existing parking
spaces can accommodate all of the uses in the office building, including the subject educational
institution.
6. The variance, 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.
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WHEREAS, the proposed project falls within the definition of CaCegorical
Exemptions, C{ass 1(Existing Pacilities) as defined in the State CEQA Guidelines, and is
therefore, exempt from the requirement to prepare additional environmental documentation.
THEREFORE BE IT RESOLVED Chat the Anaheim City Planning Commission,
For the reasons hereinabove stated, does hereby approve Conditional Use Permit No. 2009-05407
and Variance No. 2009-04781 subject to the conditions of approval described in the respective
Exhibits "B" and "C" attached hereto and incorporated by this reference which are hereby found
to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
health, safety and general welfare of the Citizens of the City of Anaheim. Extensioqs for further
time to compleke conditions of approval may be granted in accordance with Section 18.60.170 of
the Anaheim Municipal Code. Timing for compliance with conditions oFapproval may be
amended by the Planning Director upon a showing of good cause provided (i) equivalent timing
is established that satisfies the original intent and purpose of the condition(s), (ii) the
modification complies with the Anaheim Municipal Code and (iii) the applicanY has
demonstrated significant progress toward establishment of the use or approved development.
BE IT FURTHER [ZESOLVED, that this permit is approved without limitations
on the duration of the use. Amendments, modifications and revocations of this permit may be
processed in accordance with Chapters I8.60.190 (Amendment to Permit Approval) of the
Anaheim Municipal Code.
BE [T FURTHER [ZESOLVED, that approval of this permit constitutes approval
of the proposed request only to the extent thaY it complies with the Anaheim Municipal Zoning
Code and any other app(icable City, State and Federal regulations. Approval does not inc(ude
any action or findings as to compliance or approval of the request regarding any other applicable
ordinance, regulation or requirement.
BE I'P FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby find and determine that adoption of this Resolution is expressly predicated upon
applicant's 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 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 shall result in delays in the issuance of required
permits or Yhe revoaation o~the approval of this appiication.
THE FOREGO[NG RESOLUTION was adopted at Che Planning Commission
meeting of May 1 I, 2009. Said resolution is subject to the appeal provisions set forth in Chapter
18.60, "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appea)
procedures and may be replaced by a City Council Resolution in the event of an appeal.
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CHAIRMA~I, ANAHE[M C[TY P~,ANNING COMMISS[ON
ATTEST:
~~~, ~
SENIOR SECRETARY, ANAH6IM CITY PLANNING COMMISS[ON ~
STATE OF CALIFORMA )
COUNTY OF ORANGE ) ss.
C[TY OF ANAHE[M )
[, Grace Medina, 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 1 l, 2009, by the following vote of the members thereoF:
AYES: COMMISSIONERS: AGARWAL, BUFFA, KARAK[, FAESSEL, RAMIREZ
NOES: COMMISSIONERS: NONE ~
ABSENT: COMMISSIONERS: EASTMAN, ROMERO
IN WIT'NESS WHEREOF, I have hereunto set my hand this ~~day of May, 2009.
SENIOR SE(~.BtEfiARY, ANAHE[M CITY PLANNMG COMM[SSION
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EY~IIBIT "A"
CONDITIONAL USE PERNIIT NO. 2009-05407
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EXffiBIT "B"
CONDTTIONAL USE PERMIT NO. 2009-05407
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
FOR
MONITORING
Flans submitted for building permits shall demonstrate
that the business shatl be equipped with an alarm system
(silent or audible).
The subject property shall be developed substantially in
accordance with the plans and specifications submitted to
the City of Anaheim by the applicant and which plans are
on file with the Planning Department marked Exhibit
Nos. 1(Site Plan) and 2(Floor Plan}and as conditioned
herein.
The business owner shall File Emergency Listing Card,
Form APD-281, with the Police Department, available at
the Police DepaRment front counter.
The business owner shall complete a Burglary/Robbery
Alarm Permit application, Form APD 516, and return it to
the Police DepaRment prior to initial alarm activation.
Classroom/Lecture Lab doors should be equipped with
locks that can be locked from the inside, allowing
lockdown of those rooms in the event of criminal activity
in, or around, the building
Police
Planning
Police
Po(ice
Police
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EXHIBIT "C"
VARIANCE NO. 2009-04781
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
FOR
MONITORING
The subject property shall be developed substantially in
accordance with the plans and specifications submitted to
the City of Anaheim by the applicant and which plans are
on file with the Planning Department marked Exhibit
Nos. 1(Site Plan) and 2(Floor Plan)and as conditioned
herein.
Granting of the parking variance is contingent upon the
operation of this use in conformance with the assumptions
and/or conclusions relating to the operation and intensity of
use as contained in the parkingjustification letter submitted
by the applicant and dated April 22, 2009, that formed the
basis For approval of said variance. Exceeding, violating,
intensiFying or otherwise deviating from any of said
assumptions and/or conclusions, as contained in the parking
justificaYion letter, shall be deemed a violation of the
expressed conditions imposed upon said variance which
shall subject this variance to termination pursuant to the
provisions of Chapter 18.60 Procedures of the Anaheim
Municipal Code,
Planning
Planning
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