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Resolution-PC 98-189RESOLUTION NO. PC98-189 A RESOLUTION OF THE ANAHEIM Ci'fY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4074 BE GRANTED FOR SEVEN {7) YEARS WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditionai Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as PARCEL A: PARCEL 1, IN THE CITY OF ANAHEIM, COUt~ITY OF ORANGE, STATE OF CALIFORNIA, AS PER MAF 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 CIIY OF ANP,HEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 26, PAGE 49 OF PA.RCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUN'fY. 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 OFFIC;E OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Pianning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 23, 1998 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accardance 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 onP for which a conditiona~ use ~?ermit is authorized by Anaheim Municipal Code Section 18.61.050.450 to permit a 21,289 sq.ft. careedtraining center for up to 200 students in an existing building, and waiver of the f~llowing: Sections 18.06.050.0212 - Minimum number of oarkinq soaces. 18.06.050.07_63 (1.736 required; 1.599 existing and concurreii with by the 18.06.080 City Traffic and Transportation Manager) and 18.61.066.050 2. That the parking demand study, prepared by BRW Inc. and dated September, 199n, has been reviewed and approved by the City Traffic and Transpcrtation Manager; that it states the existing uses on the property have a total peak demand of approximately 300 parking spaces and the proposed use will generate a demand for another 260 spaces; and that the study concludes that the existin~ 1,599 parking spaces are adequate and that build-out uf the site will not create .:, parking deficiency. CR3489PK.DOC -1- PC98-189 3. 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 because, according to the parking study, the site is adequately designed to handle aIl increases in traffic and has, in fact, served higher volumes of traffic in the past. 4. That the parking waiver, under conditions imposed, will not increase the demand and competition for parking spaces ~pon adjacent private property in the imr;ediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compiiance with Section 18.06.0101;020 of this Code. 5. That the parking 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 parking waver, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon tiie public streets ;n the immediate vicinity of the proposed use because the site is separated from other properties with private 2ccess and will not impact access to any adjacent properties along the public streets. 7. That the proposed use will not adverseiy affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 8. That the size and shape of the site for the proposed use is adequate to allow the full devetopment 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 str~ets and highways designed and improved to carry the traffic in the area. 10. 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. 11. That no one indicated their presence at the public hearing in opposition; and that no correspondence was received in opposition to this conditional use permit. CALIFOP.NIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit a 21,289 sq.ft, career/training center for up to 200 students in an existing building with waiver of minimum number of parking spaces on a 27.9 acre, irregularly shaped property located at the northwest corner of La Palma Avenue and Gilbert Street, ~~ith frontages of 780 feet on the north side of La Palma Avenue and 830 feet on the west side of Gilbert Street, and further described as 2461 West La Palma Avenue (Westwood College of Technology); and does hereby a~prove the Negative Declaration upon finding that the declaration reflects the independent judgement of the lead agency and that it has considered the Negative Deciaration 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 hav~ a significant effect on the environment. N01h, 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 necess~.ry prerequisite to the proposed use of the subject property in order to preserve the safety and general weifare of the Citizens of the City of Anaheim: 1. That the maximum number of students shall be limited to two hundred (200) students on-site at any given time. -2- PC98-189 2. That this conditicnal use Fermit shail expire seven (7) years from the date of this resolution, on November 23, 2005, to coincide with expiration of the current lease. 3. 7hat there shall be no housing of students on these premises. 4. That the career center shall limit instruction to vocational health services and computer training, as described in the letter of opsration submitted by the applicant. 5. That signage on the subject property shall be lim~ted to that which is showii on Exhibit No. 4, as submitted bp the petitioner and approved by the Plannino Commission. Any additional signs shall be subject to approval by the Planning Commission as a"Reports and Recommendations" item. 6. That prior to this business commencing operation, a valid business license shall be obtained from the City Business License Division. 7. That subJect proper[y shali be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petiticner and which plans are on file with the Planning Department marked Exhibit Nos. 1, 2, 3 and 4, and as conditioned herein. - 8. That prior to the commencement of the activity authorized by this resolution, Condition Nos. 6 and 7, above-mentioned, shall be complied with. 9. That ~aproval of this appiication 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. Approvai does nut include any action or findings as to compliance or approval of the request regarding any okher applicable ordinance, regulation ar requiremen!. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determfne that adoption of this Resolution is expressly predicated upon appiicanPs compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceabie by the final judgment of ~ny court of competentjurisdiction, then this Resolution, and any approvals hereln contained, shall be deemed null and void. THE FOREGOING RESOLUTION was do ted at tho Planning Commission meeting of November 23, 1998. ~ .s ~~ / CHAI O, NAH IM CITY QLANNING COMMISSION ATTEST: O s~~~ ~---~-~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC98-189 STATE OF CALIFORNIA ) CGUNTY OF ORANGE ) ss. - CITY OF ANAhIEIM ) I, Qsbelia Edmundson, Secretary of the Anai~eim City Planning Commission, do hereby ::ectify lhat ihe foregoing resolution was passed and ~dopted at a meeting of the Anaheim City Planning Cor,,mission held oii November 23, 1998, by the following vote of the members thereof: AYFS: CAMNiiSS~G~I@RS: BOSlV1lICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES, WILLIAMS NGES: C7MA~iI.~SIQhE~:S: t~ON~ ABSENT: CG~MMlS3fOiV[RS: ~~ONE IN :N!';~ NESS 1%~HEREOF, I have hereunto set my hard this ~ day of ~~~, 1999. m ~~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION '`~- I'G98-189