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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