Resolution-PC 2023-034RESOLUTION NO. PC2023-034
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ANAHEIM APPROVING A CONDITIONAL USE PERMIT
AMENDMENT TO ALLOW AN EDUCATIONAL INSTITUTION -
GENERAL AND MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH
(DEV2021-00071)
(1200 NORTH ELECTRIC WAY, 1212 NORTH HUBBELL WAY, AND 2411-2463 WEST
LA PALMA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve an amendment to Conditional Use Permit
No. 2006-05121 for an Educational Institution -General use (the "Proposed Project") on certain
real property located at 1200 North Electric Way, 1212 North Hubbell Way, and 2411-2463 West
La Palma Avenue in the City of Anaheim, County of Orange, State of California, as generally
depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property");
and
WHEREAS, the Property is approximately 41 acres in area and is developed with ten
buildings consisting of a teleconference center and offices, and adult/career training center,
vocational schools, and various office and industrial uses. The property is designated for Industrial
land uses in the General Plan. The property is in the Industrial Zone and is subject to the zoning
and development standards contained in Chapter 18.10 (Industrial Zone) of the Anaheim
Municipal Code (the "Code"); and
WHEREAS, Educational Institution -General uses require a conditional use permit
subject to the approval by the Planning Commission pursuant to Subsection .010 of Section
18.10.030 (Uses); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on December 4, 2023, at 5:00 p.m., with notice of said public hearing having
been duly given as required by law and in accordance with the provisions of Chapter 18.60
(Procedures) of the Code, to hear and consider evidence for and against the Proposed Project and
to investigate and make findings and recommendation in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA'), the State of California Guidelines for Implementation of the California Environmental
Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA
Guidelines"), and the City's CEQA Procedures, the City is the "lead agency" for the preparation
and consideration of environmental documents for the Proposed Project; and
WHEREAS, the Planning Commission finds that the effects of the Proposed Project
are exempt from the requirements to prepare additional environmental documentation under
CEQA as set forth in Sections 15301 and 15300.2 of the CEQA Guidelines as a Class 1— Existing
Facilities Categorical Exemption. Class 1 consists of the repair, maintenance, and/or minor
alteration of existing public or private structures or facilities, involving negligible or no expansion
of use beyond that existing at the time of this determination. The proposed project would be within
an existing teleconference center and is part of the larger industrial complex. Pursuant to Section
15300.2 (c) and Section 15301 of Title 14 of the California Code of Regulations, there are no
unusual circumstances in respect to the project for which staff would anticipate a significant effect
on the environment and, therefore, the proposed project would be categorically exempt from the
provisions of CEQA; and
WHEREAS, the 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. The Proposed Project is properly one for which a conditional use permit is
authorized as an allowable use within the Industrial Zone under subsection .010 of Section
18.10.030 (Uses) of Chapter 18.10 (Industrial Zone) of the Code, subject to a conditional use
permit for an Educational Institution -General.
2. The Proposed Project, as conditioned herein, will not adversely affect the adjoining
land uses, or the growth and development of the area in which it is proposed to be located because
the proposed use will be complementary to the mix of ancillary uses, as well as vocational schools
and office uses on -site, as well as the adjacent industrial uses and single-family residences in the
area; and the operating hours are consistent with other uses in the vicinity.
3. The size and shape of the site proposed for the use is adequate to allow the full
development of the Proposed Project, in a manner not detrimental to either the particular area or
health and safety because the educational program is proposed within existing buildings designed
for teleconference and office uses on an existing industrial campus, and adequate parking for the
use will be provided as described in the parking justification provided by the project applicant.
4. The traffic generated by the Proposed Project will not impose an undue burden
upon the streets and highways which are designed and improved to carry the traffic in the area
because the traffic generated will not impose an undue burden upon the streets and highways
designed and improved to carry the traffic in the area as it is located in existing industrial buildings.
5. The granting of the conditional use permit under the conditions imposed, if any,
will not be detrimental to the health and safety of the citizens of the City of Anaheim because the
proposed use will be integrated with the surrounding mix of uses within the area and conditions of
approval have been included in the resolution, including restricting the operation to those activities
outlined in the Project Description and Parking Justification ensuring that the teleconference center
and graduate training program will not overlap, and as required to ensure that the proposed use
will not be detrimental to the site or its surroundings; and
- 2 - PC2023-034
WHEREAS, this Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts, that
negate the findings made in this Resolution. This Planning Commission expressly declares that it
considered all evidence presented and reached these findings after due consideration of all
evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, this
Planning Commission does hereby approve the conditional use permit, contingent upon and
subject to the conditions of approval set forth in Exhibit B, and conditions of approval from
CUP2006-05121 set forth in Exhibit C, attached hereto and incorporated herein by this reference,
which are hereby found to be a necessary prerequisite to the proposed use of the Property for which
the conditional use permit is applicable 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 (Extension of Time to Comply
With Conditions of Approval) of the Code. Timing for compliance with conditions of approval
may be amended by the Planning and Building Director upon a showing of good cause provided
(i) equivalent timing is established that satisfies the original intent and purpose of the condition,
(ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED, that any amendment, modification, or revocation of
this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit
Approval) and 18.60.200 (Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED, that the 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 set forth herein above. 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 approval of this application constitutes approval
of the proposed request only to the extent that it complies with the 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.
- 3 - PC2023-034
THE FOREGOING RESOLUTIONwas adopted at the Planning Commission meeting
of December 4, 2023. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal.
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'OHAIRPERSON, PLANN G OMMISSION
OF THE CITY OF ANA HEIW
ATTEST:
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SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - PC2023-034
EXHIBIT "A"
DEV NO.2021-00071
PC2023-034
EXHIBIT "B"
Conditional Use Permit
(DEV2021-00071)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
GENERAL
1
The business shall be operated in accordance with the Project
Planning and Building
Description and Parking Justification submitted as part of this
Department,
application. Any changes to the business operation as described
Planning Services Division
in these documents shall be subject to review and approval by
the Planning Director to determine substantial conformance
with these documents, to determine that adequate parking shall
continue to be provided for onsite uses, and to ensure
compatibility with the surrounding uses.
The Applicant/Owner shall ensure that the teleconference center
and graduate training program uses do not occur at the same
time.
2
All new landscaping shall be installed by the owner/developer
Planning and Building
in conformance with Chapter 18.46 "Landscape and Screening"
Department,
of the Anaheim Municipal Code and shall be maintained in
Planning Services Division
perpetuity. Landscaping shall be replaced by the applicant in a
timely manner if it is removed, damaged, diseased, and/or dead.
3
The Applicant/Owner shall defend, indemnify, and hold
Planning and Building
harmless the City and its officials, officers, employees and
Department,
agents (collectively referred to individually and collectively as
Planning Services Division
"Indemnitees") from any and all claims, actions or proceedings
brought against Indemnitees to attack, review, set aside, void,
or annul the decision of the Indemnitees concerning this permit
or any of the proceedings, acts or determinations taken, done, or
made prior to the decision, or to determine the reasonableness,
legality or validity of any condition attached thereto. The
Applicant's indemnification is intended to include, but not be
limited to, damages, fees and/or costs awarded against or
incurred by Indemnitees and costs of suit, claim or litigation,
including without limitation attorneys' fees and other costs,
liabilities and expenses incurred by Indemnitees in connection
with such lroceedin,.
4
The premises shall be developed substantially in accordance
Planning and Building
with plans and specifications submitted to the City of Anaheim
Department,
Planning Services Division
PC2023-034
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
by the applicant, which plans are on file with the Planning
Department, and as conditioned herein.
5
The Applicant/Owner is responsible for paying all charges
Planning and Building
related to the processing of this discretionary case application
Department,
within 30 days of the issuance of the final invoice or prior to the
Planning Services Division
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 may result in the revocation of
the approval of this application.
6
All California Building Code (CBC) and California Fire Code
Anaheim Fire & Rescue
(CFC) requirements shall be followed for any building permit
Department
issuance. Any fire permits which include fire sprinklers, fire
alarm, etc. shall be submitted directly to Anaheim Fire
Prevention Department.
7
An annual fire inspection shall be required to be conducted to
Anaheim Fire & Rescue
evaluate the new use of the space/building. Additional fire
Department
protection requirements may be required based off the annual
fire inspection. Please call (714) 765-4000 to schedule.
PC2023-034
EXHIBIT "C"
Conditional Use Permit
(CUP2006-05121)
1. That no church activities shall be permitted unless a separate conditional use permit is approved by
the City.
2. That this facility shall be used for teleconferencing, conferences and training activities only.
3. That no outdoor activities involving gathering of persons shall be permitted on -site.
4. That this faciity shall be limited to the following operational characteriatics:
• The public telecoinferencing shai be limited to a maximum of one thousand nine hundred (1,900)
persons to ensure adequate parking for all businesses on -site. The hours of operation shall be
limited to 8:00 a.m. to 10.E p.m., Monday through Sunday.
The private conferencing/trafning center shall be limited to a maximum of five thousand (5,000)
persons. The facility shall be utilized for ibis purpose a maximum of 21 days per year, including
two (2) six -day conferences during winter and summer vacations. The hours of operation shaft
be limited to 2:00 p.m. to 10:00 p.m., Monday tivough Saturday, for the two (2) bl-annual
conferences: and 2:00 p.m. to 10,00 p.m., Saturday and Sunday (and holidays), for the
remaining oonferenceftraining dates.
That the Living Strearn Ministry and Sa Rang Presbyterian Church should coordinate their
events to avoid traffic impacts due to participaMs from both events anivmg and leaving at the
same time. Additionally, no piing spy at the Anaheim Palms Corporate Center (APCC)
site shall be uNzed as overflow parking by Sa Rang Presbyterian Church without prior approval
by the Traffic and Transportation Manager.
5. That a final traffic management plan (TMP) shall be submitted to the City Traffic and Transportation
Manager for review and approval. Said plan shalt indude measures to efficiently and safety move
Ingress/egress traffic during events as identified in the draft TMp dated September 15, 2006. The
TMP may be amended subject to review and approval of the Traffic and Transportation Manager, as
appropriate, in order to Improve the efficiency of said plan. Said plan may Include the following
components at the discretion of the Traffic and Transportation Manager
PC2023-034
• That Special Events shall require registration, including information on the location where the
participant will be staying.
• That busing shall be provided to and from the facility to the designated conference hotels.
• That the event administrators shall require participants to use accommodations at designated
conference hogs In order to duster the individuals mW thus facilitate transit to and from the
teleconferencing enter by bus, hotel shuttle, or taxi.
• That participants shall be informed of the parking available at the facility and every effort shall be
made to encourage individuals to use the buses.
• Particowts shall be informed that on -street parking at the event should be avoided as a
courtesy to local residents and businesses.
• That Uving Stream Ministry personnel shall assess,the parking during events to determine if
parking demand is exceeding the supply and impacting local on -street parking. Permit parking
measures to encourage carpooling will be utilized through issuance of a limited number of
parking permits and forcing arose without a permit to utilize bus transportation.
• That Uving Stream Ministry personnel shall direct and control arriving and departing traffc to
ensure smooth flow in APCC parking lot and streets Immediately adjacent APCC property.
• That the Living Stream Ministry and So Rang Presbyterian Church should coordinate their
events to avoid traffic impacts due to participants from both events arriving and leaving at the
same time.
• That the developer shall comply with Ordinance No. 5209 and Resolutim No. 91 R-89 relating to
the Transportation Demand Management (TDM) by providing on -site taxi and shuttle bus loading
zones, and by joining and financially parti*ating In the ATN and Clean fuel Shuttle Program
and by installing bicycle racks. Said information shall be specifically shown on playas submitted
for Traffic Engineering Division approval.
• That Police Department and/or Traffic Management personnel will ensure the orderly and timely
IrVeWegress of traffic on La Palma Avenue at staffing levels recommended by the Anaheim
Police Department Traffic Bureau.
• That prior to private events, the applicant shall notify the Anaheim Police Department, Traffic
Bureau, and provide a detailed schedule of the event and traffic management playa. Any costs
associated with the need for additional traffic control personnel as determined by the Anaheim
Police Department strati be paid by the applicant.
• That bus arrivals and departures shall ocau on Woodland Drive.
• That the movement of vehicles into and out of APCC for private teleconference events will be
facilitated by the coordinated use of interior traffic Row and parking assistants.
• That cars entering the site will be directed to Interior areas of the site through the use of traffic
flow assistants and traffic cones to reduce backups and delay an public streets.
• That parking assistants will systematically fill parking areas."
8. That trash stone areas shall be provided and maintained in a location acceptable to the Public
Works DepartmeW, 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 grafitli opportunities by the use of plant materials such as minknum 1-gallon size
dinging vines planted on maximum 3-foot centers or tall shrubbery. Said information shalt be
specifically shown on the plans submitted for building permits.
PC2023-034
7. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to
the Public Works Department, Streets and Sanitation Division for review and approval.
8. That an on -site trash tuck turn around area shall be provided per Engineering Standard Detail No.
610 and as required by the Streets and Sanitation Division. Said information shall be specifically
shown on plans submitted for building permits.
9. That due to the change in use and/or occupancy of the building, plans shall be submitted to the
Building division showing compliance with the minimum standards of the City of Anaheim, including
the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of
Anaheim.
10. That prior to issuance of a grading permit, the applicant shag submit a Water Quality Management
Plan for the review and approval of the Public Works Department, Development Services Division.
11. That prior to Issuance of a grading permit the applicant shag demonstrate to the satisfaction of the
Public Works Department. Development Services Division, that coverage has beam obtained under
Califamla-s General Permit for Stormwater Discharges Associated with Construction Activity by
providing a copy of the Notice of intent (NOI) submitted to the State Water Resources Control Board
and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID)
Number, The applicant shall prepare and Implement a Stormwater Pollution Prevention Plan
(SWPPP). A copy of the current SWPPP shall be kept at the project efts and be available for City
review on request.
12. That any required relocation of Cfty eleciricgi facilities wilt be at the property owner's expense.
Landscape and/or hardscape screening of all padmounted equipment will be required and shag be
outside the easement area of the equipment. Said Inforntalion shall be spsCiftelly shown on plans
submitted for building permits.
13. That the property owner shall provide the City of Anaheim with a public utilities easement for primary
Jim and transformer location to be determined as electrical design is completed.
14. That this projed has landscaping area exceeding 2,500 square feet, a separate irrigation meter shaft
be installed and comply with Ordinance No. 5349 and Chapter 10.19 of the Anaheim Municipal
Code. Said Information shall be spedficaUy shown on plans submitted for building permits.
15. That prior to application for water meters, fire line or sutunittaal of water improvement plans for
to the Public Utilities Department 'Water Engineering Division an
esestimate,of the maximum the applicant shall fire f ow irrate and maximum day and peak hour water emands for the
project.
16. That the water backftow equipment shall be above ground, outside of the street setback area in a
manner fully screened from all public streets. Any other large waiter system equipment shall be
Installed to the satisfaction of°the Water Engineering Division In either underground vaults or outside
of the street setback area In a manner fully screened from all public streets. Said information shall
be spedfi=Uy shown on plans and approved by Water Engineering and Cross Connection Inspector
before Issuance of building permits.
17. That 4-foot high address numbers shall be displayed on the roof In a Oontnimo g color to the roof
material. The numbers shag not be visible from the view of the street or adjacent properties. Sold
Information shall be speciticsrUy shown on plans submitted for building permits.
18. That the parking lot serving the premises shag be equipped with decorative lighting of sufficient
power to illuminate and make easily discernable the appearance and conduct of all persons on or
about the parking lot. Said lighting shall be dkected, positioned and shielded In such a manner so as
PC2023-034
not to unreasonably illuminate the window areas of nearby residences. Photometric plans shall be
submitted ted to the Anaheim Police Department for review and approval prior to issuance of building
permits.
19. That the property shall be permanently maintained In an orderly fashion by providing regular
landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24)
hours from time of discovery.
20. That final landscape plans shall be submitted to the Planning Services Division for review and
approval and shag reflect the fallowing Items. Any decision by the Planning Services Division may
be appealed to the Planning Commission as a "Reports and Recommendations" item.
+ Retention of all mature landscaping features that are not impacted by construction of the new
buildings.
• The extension of the raw of Mexican Fan Palm trees and planter along the north properly line
e4acexnt to the freeway. All tress shall be similar in height to the egg palms along this
property line.
+ The installation of permanent irrigation within the grass area along the northern portion of the
site.
+ An enhanced pedestrian area along the eastern portion of the !wilding (entry colonnade).
All bees shah be minimum 24-inch box In size. Sold information shall be shown on plans
submitted for building permits,
+ _ Incorporate additional landscaping along the north elevation kh order to provide additional
enhancements.
21 That final elevation and sign plans shall be submitted to the Planning Services Division of the
Planning Department for review and approval. Any decision by the Planning Services Dlvtsdon may
be appealed to the Planning Commission as a'Reporis and Recommendations' item.
22. That the developer shall be responsible for compliance with all mitigation measures within the
assigned time frames and any direct costs associated with the attached Mitigation Monitwing
Program No.139 as established by the City of Anaheim and as required by Section 21081.6 of the
Public Resources Code to ensure lmplementation of those identified mitigation measures.
23, That subject property shah be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the applicant and which plans are on file with the Planner
Department marked Exhibit Nos.1 through 6, and as conditioned herein.
24. That prior to issuance of a building permit, orwithin a period of one (1) year from the Hake of this
resot4bon, whic:tnever occurs first, Condition Nos. 6, 7, 8, 9,12,14,16,17,18, 20 and 21,
above -mentioned, shall be complied with. Extensions fior fiMher time to complete said conditions may
be granted in accordance with Section 18.60,170 of the Anaheim Munich Code.
25. That prior to issuance of a grading permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos.10 and 11, above -mentioned, shall be complied with.
Extensions for further time to c ornplete said conditions may be granted an accordance with Section
18.60.170 of the Anaheim Municipal Code.
20. That prior to final building and zoning inspections, Condition No. 23, above -mentioned, shaft be
complied with.
27. That approval of this application owa totes 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.
PC2023-034
28. That 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). (0) the modificatlon compiles with the Anaheim Municipal
Code and (tit) the applicant has demonstrated algnliTcant progress toward establishment of the use or
approved development.
PC2023-034
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Heather Flores, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on December 4, 2023, by the following vote of the
members thereof:
AYES: Chair Kring, Vice Chair Henninger, and Commissioners Castro, Lieberman, Perez,
Tran-Martin, and Walker
klm;63
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand this 4 h day of December 2023.
NIX IA-1�0 OAS 9��
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
PC2023-034