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Resolution-PC 2010-045RESOLUTION NO. PC2010 -045 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND CONDITIONAL USE PERMIT NO. 2010 -05491 AND VARIANCE NO. 2010 -04814 (DEV2010- 00040) (451 WEST LINCOLN AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2010- 05491, to permit a cosmetology college (Real Barber College) pursuant to Code Section No. 18.60.180 of the Anaheim Municipal Code for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A attached hereto and incorporated herein by this reference; WHEREAS, this property is currently developed with three office buildings, located in the Office Low (O -L) Zone and the Anaheim General Plan designates this property for Mixed Use land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 21, 2010, at 3 :30 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 18.60 "Procedures to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; 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. The proposed cosmetology college use is properly one for which a conditional use permit is authorized under Code Section No. 18.08.030.0402. 2. The proposed cosmetology college will 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 school will be compatible with other office uses within the complex; 3. The size and shape of the site proposed for the cosmetology college is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4. The traffic generated by the proposed cosmetology college use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That parking for the cosmetology college is determined to be adequate as the applicant has indicated that most students do not drive to the facility they use public transportation. 1 PC2010 -045 6. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. WHEREAS, the Planning 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 with respect to the request for a variance, does find and determine the following facts: 1. The applicant requests a variance from the following Code Section to provide less parking than required by Code: (a) SECTION NO, 18.42.040,010 (Table 42 -A) Minimum number of parking spaces (152 spaces required; 141 spaces proposed) 2. The above mentioned variance, under the conditions imposed, will not cause fewer off street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to the proposal under the normal and reasonably foreseeable operation of the use. The parking justification letter submitted by the applicant indicates that most of the students do not own cars so they are dropped off or take public transportation to the site. The letter also indicates that most of the people who visit the other on -site uses and customers visiting the school do not drive a vehicle to the site. 3. The parking variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity because the proposed parking would be adequate to accommodate the project's peak parking demands. 4. The variance will not increase the demand and competition for parking spaces upon adjacent properties in the immediate vicinity of the proposed use since all parking is contained on -site and will not encroach into other surrounding properties. 5. The variance will not increase traffic congestion within the off -street parking areas provided for the proposed use as indicated in the parking justification letter because the supply of parking spaces is adequate for the proposed uses and there is adequate egress and ingress to the site. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated does hereby approves Conditional Use Permit No. 2010 -05491 to permit a cosmetology college on property located at 451 West Lincoln Avenue and Variance No. 2010 -04814 to permit fewer parking spaces than required by code. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be 2 PC2010 -045 processed in accordance with Chapters 18.60.190 (Amendment to 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 adoption 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 declared 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 approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 21. 2010. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the elent of an appeal. CHAIRMAN, l A U IM P If'YL COMMISSION A 1'1'EST: —mss SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC20I 0 -045 STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, Eleanor Morris, 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 Commission held on June 21, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, BUFFA, FAESSEL, KARAKI, RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 21 day of June, 2010. SECRETARY, ANAHEIM CITY PLANNING COMMISSION 4 PC2010 -045 EXHIBIT "A" DEV2010- 00040 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is two to five feet. 1096 -5 PC2010 -045 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2010-05491 AND VARIANCE NO. 2010-04814 (DEV2010- 00040) NO. CONDITIONS OF APPROVAL GENERAL CONDITIONS 1 On -going during project operation, no required parking areas shall be fenced or otherwise enclosed for outdoor storage uses 2 The subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1 (Site Plan) and Exhibit No. 2 (Floor Plan), and as conditioned herein. 6 REVIEW SIGNED BY OFF BY Code Enforcement Planning PC2010 -045