Resolution-PC 98-119RESOLUTION IvO. PC98-119
A RESOLUTION OF THE ANAHEIM CITY ~LANNING COMA4ISSION
AMENDiNG CERTAiN CONDITIONS OF APPROVAI.OF RESOLUTION NO. PC94-50
THEREBY REINSTATING CONDiTIONAL'USE PERMIT NO. 3676
WHEREAS, on May 2, 1994, Resolution No. PC94-50 was adopted by the Anaheim City
Planning Commission to approve Conditional Use P2rmit No. 3676 and permit teirporary classrooms and
office space within the ground floor retail space of an existing parking garage at 411 West Broadway, with
waiver of minimum number of parking spaces; and
WHEREAS, said Resolution No. PC94-50 includes the following condition of approval:
8. That Conditional Use Permit No. 3676 is hereby granted for a period of three (3)
years to expire on May 2, 1997; provided, however, that time extensions may be obtained
in connection with public hearings.
WHEREAS, this property is developed with a parking garage having ground floor retail
space; that the underlying zoning is CO (Commercial, Office and Professional); that the Anaheim
General Plan designates the property for General Commercial land uses; and that the property is located
within the Downtown Redevelopment Project Area Alpha; and
WHEREAS, the Community Development Department requests, pursuant to Code Section
18.03.093 of the Anaheim Municipal Code, that this conditional use permit be reinstated by the
modification or deletion of Condition No. 8(permitting the use untii May 2, 1997) :n order ta retain
temporary classrooms and office space within the ground floor retail space of the parking garage and with
waiver of minimum number of parking spaces; and
VVHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on August 3, 1998, at 130 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 18.03,
to hear and consider evidence for and against said proposed amendment and to investigate and make
findings and recommendations in connection therewith; and that said public hearing was continued from
the June 8 and July 20, 1998, Planning Commission meetings; 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 reinstated use is properly one for which a conditional use permit is authorized by
the Zoning Code because private educationai institutions continue to be permitted in the CO Zone subject
to the approval of a conditional use permit and that al; of the findings required for the original approval of
this Conditional Use Permit continue to apply.
2. That the reinstated use wiil not adversely affect the adjoining land uses and the growth and
development of the area in whicii it is located.
3. That the size and shape of the site for the reinstated use is adequate to allow full
development of the reinstated use in a manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
4. That the traffic generated by ihe reinslated use will not impose an undue burden upon the
streets and highways designed and improved to carry the iraffic in the area.
CR3379PL.DOC -1- PC98-119
5. That reinstating this conditional use permit, under the conditior.s imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; and
ihat since approval of this use permit in 1994, there have been no known detrimental impacts caused by
the classroom use of this property to the area nor to the surrounding land uses, nor to the public peace,
health safety or general weifare.
6. That this use permit is being exercised in substantially the same manner and in
conformance with alI conditions and stipulations originaily approved by the Planning Commission.
7. That deletion of the time limit is necessary to permit continued operation of the classroom
use of that portion of the property governed by lease agreement with the Redevelopment Agency; and
that the time limitation was originally imposed to ensure sufficient parking.
8. That no one indicated their presence at the public hearing in cpposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA EN1~iRONMENTAL QUALITY ACT FINDiNG; That the Anaheim City
F'lanning Commission has reviewed the proposal and does hereby find that the Negative Declaration
previously approved in connection with Conditional Use Permit No. 3676 is adequate to serve_as the
required environmental documentation in connection with this request upon finding that the declaration
reflects the independent judgment of the lead agency and that it has considered the previously approved
Negative Declaration together with any comments received durir,g 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 have a significant effect on the environmenY.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby reinstate Conditional Use Permit No. 3676 by amending Resolution No. PC94-50 to delete
Condition No. 6 in its entirety; and
AND BE IT FURTHER RESOLVED that the Planning Commission does hereby add the
following new Condition No. 7:
7. That prior to business operations, the business owner(s) shall obtain valid City of
Anaheim Business License(s) from the Business Licen ' n of the Finance
Department. ,
THE FOREGOING RESOLUTIO ado ted at t lannin Commission meeting of
August 3, 1998. ~9
~ i
CHAIRP S , CITY PLANNPJG COMMISSION
ATTEST:
il~tl.fl~J ~1~
SECRE ARY, AHEIM CITY PLANNING COMMISSION
-2- PC98-119
STATE OF CAUFORNIA )
COUNTY OF ORANGE ) ss. , -
CITY OF ANAHEIlN )
I, Margarita Solorio, 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
Cammission held on August 3, 1998, by the following vote of the members therec~f:
AYES: COMMISSIONERS: BOSTWIGK, BOYDSTUN, L3RISTOL, h1AP,OLES, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: WILLIAMS
VACANCY: ONE SEAT VACANT
IN WITNESS WHEREOF, I have hereunto set my hand this ~~? day of
, 1998.
D~O~
SEC, ETAR , NAHEIM CITY PLANNING COMMISSION
-3- PC98-119