Resolution-PC 94-50RESALUTION N0. PC~Q;ZQ
A R~SOLUTION OF THE AiVAhIEIM CITY F'LANNING COMMI~SION
THAT PETITION FOR CONDITIONAI. USE PERMI7 NO. 3676 BE GRANTED
WHEREAS, the Anaheim Clty Planning Commisslon dfd receive a verNied Petitlon for
Conditional Use Parmit tor certain real property situatod in tho City of AnahAim, Counry of Qrange, State
of California, described as:
PARCELS 1, 2, 4, 5, B, 9, 10 AND 1 i OF PARCEL MAP N0. 86-142, IN 7HE CITY
OF ANAHEIM, COUNTY OF ORAi~GE, STATE OF CALIFORNIA, AS PER MAP
FILED IN BOOK 232, PAGES 15 THROUGH 19 OF PARCEL MAPS, IN Tl~i~
OFFICE OF THE COUNTY RECOHDER OF SAID COUNTY.
WHEREAS, tho City Planning Commissfon did hold a public hearing at the Civic Center
in the City of Anahefm on May 2, 1994 at I:~O r,m., notice of safd pubiic holrfng having been duly given
as requirod by law and in accordance with the provislons ut tha Anaheim Municipaf Code, Gh~pter 18.03,
to hear and consider evidence for and atia(nst said propo~ed c~nditional use permft and to invostigate and
make iindings and recommendatloms in connection therowlth; and
WHEREAS, ~aid Commfssion, a(ter due (nspeotion, investigation and study made by itseif
and In its behalf, and aker due consideratlon of ail evidence and repqrts oHorod ~t ~aid hearing, d~es find
and determine the followinfl facts:
1. That the proposed use is prnperly one tor which a conditional use permft {s authnrized by
Anahoim Municlpai Code Section 18.41.U50,15U to permft tho constructfon of temporary classroom and
off(ce space in the ~7raund floor retail space of an oxistin~ parking structure ~Nith waiver of the following:
Sections 18.06.050.0212 - Mi m m n ml~r of ~rking~R'+~,~~•
1$.Q§_Q50.~721 (1~~g requlreti;
1$.08 O~O.Q233 44,~ rec~mmended by parking study;
1~;Q~,050•Q261 44 standard•sized spaces and 230
and 18.41.OB6.050 compact spaces oxisting)
2, That the parking variance will not causa an increase In traffic congestion fn the immedfate
vicinity nor advorsely affecf any adjofning land uses because a minimum of 80 parking spnces will be
pruvided off-site and day time clssses will be Ilmited to 80 students.
3. That the yranting of the parking varlance under tho condlti~ns imposed will not be
detrimental to the peacg, h~alth, safaty or general welfare of the cftizens of the City of Anaheim;
~t, That the propo; ecl use is properly one fr- which a condftion~~ use permit is authoriz9d by
the Zoning Code;
5. That the proposeci use wlll not odversoly aHect the adJofning land uses and the growth a~~d
development of the area in which it is proposed to be located;
6. That the size and shape of the sfte for tho proposed use is ndoquate to ailow the full
development of the proposed uso in a manner not detrimenta! to thA particular area nor to the peace,
health, safety, and general wel(are;
_~ _ PC94-50
CR2079MS `Np
7. That the traffic flenerated by the proposed use will not impose an unduo burden u~on th~
streets and highwAys designed and irnproved to carry the traffic In the area;
S. That the granting of the condltlonal use permit under the conditlons imposed wlll not be
detrimental to the peace, heatth, ~afory And qeneral w~lfare of the citizens of the Clty of Anaheim; and
9. That no one indicated their presence at said pubiic hoaring in oppositlon; and that no
correspondence was recefved In oppusitlan to the subject petftion.
f;ALIF RN A ENVI~iONMENTAL (,~UAIITY ACT FINpI 1~: That the Anahelm City Plann~ng
Commi3slon has reviewod the proposal to permit the constructton of temporary ciassroom and otfice apace
In thd ground floor retall space of an exlsting parking structure wfth waiver of minlmum numb~r of parkfng
spacos on an irreflularly-shaped parcel of land consistfng of approximately 5.28 acres, havfng approximate
frontages of 560 feot on the north side of Broadway, 5f0 feet on the south side of West Harbor Plece ~nd
200 feet on the west side af Clemontine Street, and further doscrlbed as 411 Wost 6roadway; and doos
hereby approvo the Negative Daclarat(on upon finding that the declaration reflects the IndepAnclent
Judgement of tho lead agency and that it has considered the Ne~7ative Declarst~on together witn any
commonts recelved during the public review process and further findinq on the basis of the fnitlal study
and any comrnents received that thero is no substantial evidonce that the proJflct will have a signiiicant
oHect on tho onvironment,
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby grant subJect Petit(an for Conditlonal Use Permit, upon the following conditlons which are hereby
found to be a necessary prerequisite to the proposed use of tho subJect propeRy In orcJer to proserve the
safety and general wolfare of the Citizens of the City of Anaheim;
1. That no more than efghty (80) students shall attend woekday deytime classes prior to 4:00 p,m..
2. That a minfmurn af eighry (80) parkfng spaces shall be provided off-site for daytline student use
through a written agreoment wfth tho Redevelopmont Agency and subject to the approval of the Cfty
Traffic and Transportation Manager.
3. That subJect properry shall be developed substantially in accardgnce with plans Gnri specifications
submftted 4o the Ciry of Anahe!m by the petitfoner and which pians are on filo with the Planning
Department markod Exhibit Nos. 1 through 3.
4. That prior to commencAment ot the activity authorized by this resolution or within a period of one
(1) year from the date of ihis r~solution, whichever occurs first, Conditlon Nos. 2 and 3,
abova-mentioned, sliall bo complied with. Extensfona tor further time to complete sa(d conditions
may be grantod in accordance with Seation 18.Oa.090 of the Anahelin Municfpal Code.
5. That approval of this applicatlon constRutes approv~l uf the proposod request only to the extent that
it complies wfth the Anaheim Municipal Zoning Code and any othor applicablH City, Stata and Federal
rec~ulatfons. Approval does not (nclude any action or findings as to compilance or approval of the
request regarding any other applicable ordinance, reyulatfon or requlrament,
6. That Condftional Use Permit No. 3676 fs hereby ~ra:itoci for a perfod of three (3) yoars to exp(re on
May 2, 1997; provided, however, that time ~xtensfons may be obtalned In cannoction with public
hoar(ngs.
_2. PCS4-5U
BE IT FURTHER RESOLVED thAt tho Anahelm City Planning Commission does I~areby find
and determine that adoption of thls Resolution Is expressly predicated upon appllcanYs compllance with
each and all of the condltions horelnabovc~ set forth. 5houltl any such conditl~n, or any part thereof, be
declared invalid or unenforr,eable by the iina! judgment of eny court of competent jurisdictfon, then thfs
Hesolut~on, and any approvals herein contained, shall bo deemed rnUl and void.
TME FOREGOIN(# RESOLUTION was adapted at the Planning Commisslon meeting of
May 2, 1994. _ _ ~
CHAIRMAN ANAHEINI AITY RCANNING COMMISSION
ATf EST;
~J~a~ I
SECRETARY, AN E!M ~ITY PLANNING COMMISSION '
STATE OF CALIFORNIA )
COUN'fY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margartta Solurio, Secretary of the Anai~elm City Plannin~ Commisslon, do hereby certliy
that tho forepoing resolutfon was passad and adapted at a moetfng of the Anaheim Clly Plenning
Comm(ssion held on May 2, 1994, by the following vote o} the members theroof:
AYES: COMMISSIONERS: BOYD51'UN, CALDWELL, HENNINGER, MESSE, PERAZA, TAIT ~
NQES: COMMISSIONERS: NONE i
ABSENT: COMMISSIONERS: MAYER
~ IN WITNESS WHEREOF, I have hereuntu set my hand this 1~ day of '
1994.
D~~
SECRETARY, AN IM CITY PLANNING COMMISSION
-3- PC94-50