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Resolution-PC 94-73RF~OI.UTlON N0. PC94-73 A RESQLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CON~ITIONAL USE PERMIT NO. 3684 BE GRANl'ED WHEREAS, tho Anahelm Clry Planning Commission did rece(ve a verified Petition for Conditional Use Permit tor certaln real property situated in tho Cfty of Anaheim, County r~f Orange, State of California, describod ns: PARCEL 4 QF PARCEL MAP N0. 83-258, IN TI-IE CITY OF ANAFlEIM, COUfVTY OF ORANGE, STATE OF CpLIFORNIA, AS PER MAP RECORDED IN BOOK 'ISS PAGES 23 AND 24 OF PARG[l. MAPS, IN 7HE OFFICE OF ThIF COUNTf RECOFiDER UF SAID GOUNTY. WHEReAS, the City Planning Commissfon did hold a public f~earing at the Civic ~enter in the City of Anaheim on June 1, 1994 at 1:30 p.m., notice of said public hearing having been duly gfven as required by law and in accordance with the provisions ot the Anaheim WlunicipAl Cocie, Chapter 18,03, to hear and consiuer evidence for and egainst sa~d proposed conditional use permit nnd to im~pstigate and make findfngs and recommendat(ons (n connoctlon therewith; and WHEREAS, said Commisslon, after due Inspectlori, investigdtion and study made by itself and In its bohalf, and after due cons(deratfon of all evidsnoe and reports offerecl at said hearfng, does find and determino the foiluwing facts: 1, That the proposed use is praperly one for ~vhich a conditional use permit fs authorizad by Anaheim Municipal Codo Sectfons 18.61,050.350 and 18,61.050.450 to permit a privato busines~ school with oif-site parking facllities and waiver of the follAwing: _$ections 10.06.050.02Q.~, - Minimum r~mber of,garkina spaces. ie•Q6•QeQ (1.831 required for 18,310 sq.f4. of Instruction or assembly area; ,~i 18.6t.o66.050 ,~ proposod consisting of 120 standard and 38 compact spaoes on-site and 185 contiguous off•site spaces; , F~ spaces recommended by the City Traffic and Transporcation MAnager as shown In the ~ppraved Parking Qemand Study) 2. That the parking waiver ls approverJ for a minfmum of 0.93 space per student (thereby t~llowing a maximum of 369 students when 343 park(ng spac~s are avAllable); 3. That the parkfng vorlonce, as approved, will not cause an increaso In traff(c congestion in the i~rmedfate vicinity nor adversely aHect ar~y adJoinfn~ iand uses; A. That the granting of the p~rking varlance under the conditions impooed will not be detrimental to tt~e peace, health, safety or general wolfare of the cit:zens of the City of Anaheim; 5. That tho proposeci use is properly ane for which a conditional use nermft is authorized by thE~ Zoning Code; E. That the proposed use will not adversely affect the adJoining land uaes and the flrowth and development of 2he area in which ft is proposed to be located; 7. That the sizo and shape of the sit~ for the proposed use is adequate to ~Ilow the full development of the proposed use in a manner not detrimental to the parttcular area nor to the peace, health, satety, and genoral welfare; CR2108MS.WP -1- PC94-73 0. That thA traNic generatal by tho ~ropuscxl use will not im~se an undue burden ~~pon ttie stroets and highways designod and lmproved to carry the troftic tn the nrea; and ~. That the grantfiic~ of ihe conditionat use permit under the conditions Imposed will not b9 detrtmentai to the peace, health, saiory and general weifare of the citizens of the Cfty of ~lnaheirti. t0. Thar no one Indicatod their presonr,e at sald rublic hearing in opposition; and that no corraspondence was ~ecaivFd in opposition to the subjoct petition. ~AI,J~~NIA ENVIRONMEN'fAl QUALITY A~1' FINDING: That the Ar+ahefm City Planning Commic5lon has revleNed the pro(w~al to pormit a private bu~iness scho~l with otf-site parking fac(Iftios ~nd with waivor of mfn~mum number ot parking spacas on property wh~:'~ consists of two (2) parcels of land: Pa•cel 1 is an IRegularlyshaped parc~l ot land consisting of ap~roximately 2.06 acres Icscated at the nortt ~west cornar o( Corporato Way and Muller Street, having approximato trontagos oi 338 ioet on tho north sido ot Gorporate Way arx1348 teot on tho wost slde ol Muller Stroet, and turther doscribed as 525 North Mul'~r Street and Parcel 2 ts an in~egularlyshaped parcel ot land consisting oi apprnximataly 2.28 ncreg ~ocatal on [he north side of Corporate Way, having a maxtmum depth of approximately 316 feet, Ioc...red approximatety 368 feet wast ot the centartine of Muller Street, and turther described as 1975 West Corporate Way; and dces hereby approve the NegatNe Declaration upon 11nd(ng tt~at the declcrotion rellects the indeponcfent ~udgement o~ the lead agency and that It has consideroci the Negativo Declaration togethe- with any ~omments rece~ved during the ~ublic revlew process and further flnding on the basis ~f tho uii:~al st~K'y and any commentg recefved ihat there is no substantiul evidence that the proJect will hgve a siflni(icant uf(eM on !ho errvironm9nt. NOW, THEREF'ORE, 8E 1'f RES4WED that the Anahelrt~ City Planning Commission does hereby ~rant sub~QCt Petition for Condhional Us~ F'~rmit, upon the (~Ilowing conditions which are hereby (ound to be a necessary prerequisite to the propased erso c~l tha suh~ect p~ ~perty in order to proserve the satery a~x1 general wettare of the Citixens ot tho City oi Anahelm: 1. 7t,at a minimum of ninery three hundredths (C.~3) parking sgace per student shall be provided. 2. That a minlmum time p~sriocl oi une (1) hour shall separatQ sch~dulf~: •~3Q sosslons. 3. i hat a plan sh~net for sol~d waste a:orage and Cdloction, and a p~an la .dcycll-sg shall be submittod to the Dapartmem of M~inlenance for revfew ~nd approval. t. That a traHic afgnal assesament foe aqualfng tha .~fitierence between the Industrlal arxl commercfal asseRame~n f~es shall be pald to the City M Anah~im in a~• amount as esta~lishcd by City fiunc8 r4st~lution. .i. Tliat ptanc shait bo submhted to the Clty TraHic and Tranaportatinn Mai~ager kr hfs ravfaw anc! ap~roval shov,inq cortforniance with tho latest revisions of Engineerinp 5tenderd Plan Nos. 438 and Ftl2 pertaininfl to {~arking starxfards and driveway locatia-s (inciudii~ landsca~inp wlthl~ the qto~~osc!d parkfng ara,a). Sub~ect property shall Ihereupon bc developed anci rrk~IntalnM !n ConlortnanCe with safd plans. 8. 7hat aub~2ct properry shall be de~-~lohecl subataMialty In eccordance with ~lans and sp2cirications submhtod to the Ciry of Anah~im by the petitioner And which pfena aro on t~e with tho Planninp Departmont rn~rked Exhibit ~~r,s. 1 through ~. ~, th~t tho op~lir.~nt at~l! ~,~y tho c~at of ~ny fu~wo Ccxle F.Morceme~nt inspectfa~+a which rtrey be nas~ect to address erxt -osdv~a a~y l%ode vidatbna. ,2, PC:U4-73 8. That a recorded reciprocal park'ng agreement guarazteel~ig stiared parking between the sutJect parcels (Parcel Nos. 1 and 2), shF;l be submitted to the Cfty Traf(ic and Transportaticm Managor and to the City Rttorney for approval. Following record~atlon, n copy of the racorded agreemont shall bo submitt~d to the Planning Department. 9. 1 hat prlor t~~ commencen~:.~it of tho activfty author(zod by this resalution, or prlor ta Issuance or a huilding perrnlt, or within a period o} ono (1) year (rom the date of this resolutlon, whlchever occurs first, Condition Nos. 3, 4, 5 and 6, above-mentioned, shall be complied with. Extenslons ior further tima to comploto said conditior~s may be granted in accordance with Section 18.03.090 ot tho Anaheim Municipal Code. 1~. That prior to final building and zoning (nsp~ctions, Condnion No. 6, abovo-mentfonoci, shafi be complied with. 11. That spproval o( th(s applfcatlon constit~les approval of the proposed request only to tho extent that it complles with the Anahe(m Munfcipal Zoning Code and any other eppllcablR City, State and Feclora! regulatfcns. Appr~val does not include any aciio~ ar find(ngs as to r.ompli~rce or approval of the request regArdfng any oth~r applicable ordtnance, regulatfon or raqwinmont. OE IT FURI'HER RESULVED thAt the Anaholm Cfiy ?lanning Corrimission does hereby find and deterrnine thet adoption of thls Resolution Is expressly prediceted upon applicant's compliance wNh each and all ot tho condilions herelnabove set (orh. Should any such condit(on, or any part thareof, bo dealared invalid or unen(orceablo by the tfnal Jucigmbnt of any court ol competent jurlsdiction, then this Fiesolution, and any ~pprovals herein contalned, sha!I be doemai nuli and vold. THE FOREG~IN~ RESOLUTION was adopted at the Planning Cnmmisslon meeting o( Juno t, 1994. ~ , ~ l /~ CI~AI MAN ANAkEI CITY NNING COMMISSIOPJ ATTEST: .. /'.k~l:•~~~-:/~ ~%'--=~-"„-._ ~CRETARY, A~VAHEIM CITY P:.ANNING COMMISSION STATE OF CAUFORNIA ) COUN'TY OF OAANCiE ) ss. CITY OF ANAHEIM ) I, Janet L Jenaen, Secretary c~t the Anahelm Ciry Plannfng Commlasion, dcs hereaby ceriMy that tha foregoing rasd~nion was pr.asad and adopted at n meeting ot the Anah~im C(ty Planning Commts~ion hetd on June t, t~4, by thu tdlowin{~ v~te cf the rnembers ti~ereo(: AYES: COMMISSIONERS: BOYUSTUN, CAU3WELL, H~NNINGER, MESSE, PERAZA, T41T NOES: COMMISSIONERS: NONE ABSENT: COMMI5SIONERS: ~~IAYER Ih WITNESS WHEREOF, ! have hereunto set my hartd th(s ~~ day of s~ ~- j~ k~. __. t 4KJ4. ~ . / / r r ~~',.~.~..::~1 :7~.~:..-.~.~=..---~--- SECRETARY, ANAH~}M CITY PLANNINCi COM~~ISSION / , .3- pC4?4•7~