Resolution-PC 2009-096RESOLUTION NO. PC2009 -096
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DE 1 THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE
ENVIRONMENTAL DOCUMENTATION AND
APPROVING CONDITIONAL USE PERMIT NO. 2009 -05442
AND VARIANCE NO. 2009 -04800
(401 WEST CARL KARCHER WAY)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for a 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 26,479 square foot office building located in the General Commercial (CG)
zone, Commercial/Industrial (North Central Area) Redevelopment Area and the Anaheim
General Plan designates this property for office low land uses; and
WHEREAS, the Anaheim City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on October 12, at 3:30 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 pemtit and variance and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, the Anaheim City Planning 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 with respect to the request for a conditional use
permit, does find and determine the following facts:
1. That an educational institution in the General Commercial (CG) zone is properly
one for which a conditional use permit is authorized by Anaheim Municipal Code Section
18.08.030.010 (Educational Institution- Business).
2. That the education institution would not adversely affect the adjoining
commercial and office land uses and the growth and development of the 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 the site is adequate to allow the full development of the
proposed use in a manner not detrimental to the particular area nor to the health, safety and
general welfare of the public 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 Planning 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, with respect to the request for a Variance for parking, does find and
determine the following facts:
1. The applicant requests a variance from the following Code Section to establish a
vocational college in an existing two -story office building:
(a) SECTION NO. 18.42.040.010
Minimum number of parking spaces
(217 spaces required; 106 spaces
existing)
2. The above mentioned variance, 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 normal and
reasonably foreseeable operation of such use as indicated in the parking study dated September,
2009 prepared by Kimley -Horn and Associates, Inc.
3. The parking variance, under the conditions imposed, will not increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity, as indicated
in the aforementioned parking study which concludes that the existing 106 parking spaces are
adequate to meet the peak demand of the distribution center and office uses.
4. The variance will not increase the demand and competition for parking spaces
upon adjacent properties in the immediate vicinity of the proposed use since all parking will be
contained on -site within the property boundaries.
5. The variance will not increase traffic congestion within the off street parking
areas provided for the proposed use as indicated in the parking study.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Class 1(Existing Facilities) as defined in the State CEQA Guidelines, and is
therefore, exempt from the requirement to prepare additional environmental documentation.
THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission,
for the reasons hereinabove stated, does hereby approve Conditional Use Permit No. 2009 -05442
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and Variance No. 2009 -04800 subject to the conditions of approval described in Exhibit `B"
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. Extensions for further time to complete
conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim
Municipal Code. Timing 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 intent 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.
BE IT FURTHER RESOLVED, that this conditional use permit and this variance
are approved without limitations on the duration of the use. Amendments, modifications and
revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment
to Permit Approval) of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED, that approval of this conditional use permit and
variance 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 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 the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of October 12, 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
appeal procedures and may be replaced by a City Council Resolution in the event of an appeal.
CHAIR MA ANAHE CIT. PLA COMMISSION
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PC2009 -096
A ITLST:
SE NIOR SE'2ETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
1, 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 October 12, 2009, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AMENT, BUrr'A, FAESSEL, RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, KARAKI
IN WITNESS WHEREOF, I have hereunto set my hand this 12 day of October, 2009.
S
SENIO ECRETARY, ANAHEIM CITY PLANNING COMMISSION
4 PC2009 -096
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 2009 05442
VARIANCE NO. 2009 04800
1 AP N: 073 083 -14
231:41
231.
W CARL KARCHER WAY
0
x
z
Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is two to five feet.
10842
-5
PC2009 -096
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
FOR
MONITORING
OF APPROVAL OF THIS CONDITIONAL USE PERMIT
WITHIN 90 DAYS
1
Curbs adjacent to the drive aisles shall be painted red to
prohibit parking in the drive aisles. Red curb locations
shall be clearly labeled on building plans.
Public Works,
Traffic
Transportation
Division
2
Fire lanes shall be posted with "No Parking Any Time."
Public Works,
Traffic
Transportation
Division
GENERAL
3
On -going during project operation, no required parking
areas shall be fenced or otherwise enclosed for outdoor
storage uses.
Code Enforcement
4
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 parking study prepared by Kimley-
Hom and Associates, Inc. and dated September, 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 study, 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
5
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.
Planning
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2009-05442 AND VARIANCE NO. 2009-04800
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PC2009 -096