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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