Resolution-PC 2009-012RESOLUTION NO. PC2009-012
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING A CEQA CATEGORICAL EXEMPTION CLASS 1 AND
APPROVING CONDITIONAL USE PERMIT NO. 2009-05415
(270 SOUTH CLEMENTINE STREET)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No. 2009-05415 to permit a private culinary arts school on
certain real property situated in the City of Anaheim, County of Orange, State of Califomia,
shown on Exhibit "A", attached hereto and incorporated herein by this reference.
WHEREAS, the propeRy proposed for the private culinary arts school is
developed with a znixed use building consisting of apartment units and retail space located 'an the
CG (DMU) General Commercial DownCOwn Mixed Use Overlay zone , and the Anaheim
General Plan designates this property for Mixed Use land uses; and
WI-IEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City af Anaheim on March 16, 2009, at 2:30 p.m., notice of said public hearing
having beeu duly given as required by law and in accordance with the provisions of the Anaheim
Municipal Code, Cbapter 18.60, to hear and consider evidence for and against said proposed
conditional ose pernut and to imestigate and make findings and recommendations in connecCion
therewich: and
WHEREAS, said Commission; after due inspection, investigation a~d study made
by itself and in its behalf, and after due consideration of all evidence and reports offered at said
hearing, does find and deCermine the following facCS:
1. T6at a private culinary arts sahaol is permitted in the CG (DMU) General
Commercial Downtown Mixed Use Overlay zone and is properly one for which a conditional use
permit is authorized by Anaheim Municipal Code Section 18.30.030.050.0402 (Educational
Institutions-B usiness).
2. That the private culinary arts school would 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
facility would be located withi~ an existing mixed use complex with adequate parking.
3. That the size and shape of the site is adeqaate to allow the full development of the
proposed use in a mannez nat detrimental ta the particular area or to the health, safety and
general welfare of the public because adequate parking is provided.
4. That the traffic generated by the private culinary arts school would not impose an
undue burden upon the streets and highways designed and improved to carry the traffic in [he
area because adequaCe parking is provided.
-1- PC2009-012
5. That the granting of the condirional use permit under the conditions imposed will
not be detrimental to the health and safety of the cirizens of the City of Anaheim.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15303, Class 1(Existing Facility) as defined in the State CEQA Guidelines,
and is therefore, exempt from the requirement to prepare addirional environmental
documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission for the reasons hereinabove specified does hereby approve Condirional Use Permit
No. 2008-05382 subject to conditions of approval described in Exhibit "B" attached hereto and
incorporated by this reference, which conditions are hereby found to be a necessary prerequisite
to the proposed use of the subject property in order to preserve the health, safety and genera]
welfare of the Cirizens of the City of Anaheim.
B~ IT FURTHER RESOLVED that this permit is approved without limitations
on the hours of operarion or duration of the use. Amendments, modifications and revocarions of
this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit
Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim
Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby find and determine that adoprion 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 declazed 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
chazges 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. Failwe to pay all chazges 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 Mazch 16, 2009. Said resolution is subject to the appea] 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 Councii Resolution in the event of an appeal.
COMMISSION
-2- PC2009- ~~ Z--
ATTEST:
v ~
~~~~
SENIOR SE TARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALI~ORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM ) .
I, Grace Medina, Senior Secretary of the Anaheim City Planniug Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
Ciry Planning Commission held on March 15, 2009, by the following voCe of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL,
KARAKI, RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOP, I have herennto set my hand Cbis 16'h day of March, 2009.
ARY, ANAHEIM~`ITY PLANNING COMMISSION
-3- PC2009-012
EXHI~IT "A"
CONDII'IONAL USE PERNIIT NO. 2009-05415
OPK S~/ ~1 11
~~-
~~
~-
C
BRO P~_~
9 5 ~~o~
Fa=[
~ ~ ~~ ~ ~ ~
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
10721
-4- PC2009-012
EXHIBI'~ `B"
CONDITIONAL USE PERMIT NO. 2009-05415
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
GENERAL CONDITIONS
1 The subject property shall be developed subsCantially in Planning
accordance with 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.
2 Approval of this application constituYes approval of khe Planning
proposed request only to the extent that it complies with the
Anaheim Municipal Zoning Code and any other applicable
City, SCate and Federal regulatians. Approval does not
include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance,
regulation or requirement.
-5- PC2009-012