Resolution-PC 2011-031RESOLUTION NO. PC2011 -031
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE
APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 4187 AND
AMENDING THE CONDITIONS OF APPROVAL OF RESOLUTION NO. 200R -114
(TRACKING NO. CUP4187C, DEV2011- 00001)
(1220 NORTH STATE COLLEGE BOULEVARD)
WHEREAS, on June 20, 2000, the City Council, by its Resolution No. 2000R-
114, did approve Conditional Use Permit No. 4187 to permit to permit a church facility with an
accessory private preschool and elementary school for that certain real property located at 1071
North Tustin Avenue in the City of Anaheim, County of Orange, State of California, as more
particularly shown on Exhibit "A ", attached hereto and incorporated herein by this reference; and
WHEREAS, on July 14, 2003 the Anaheim City Planning Commission
(hereinafter referred to as "Planning Commission ") did accept the withdraw of a Petition for an
amendment to Conditional Use Permit No. 4187 to revise certain exhibits to permit a phase
construction plan for the main building and parking lot (Tracking No. CUP2003- 04104); and
WHEREAS, the Planning Commission did receive a verified Petition for an
amendment to Conditional Use Permit No.4187, to enclose an existing 2, 280 square foot upper
level deck area for children's activities and recreation at a private school that is located within an
existing religious facility.
WHEREAS, this property is developed with commercial building located in the
Commercial General (CG) zone and the Anaheim General Plan designates the property for
Medium Density Residential land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on April 11, 2011, at 5:00 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, to hear and consider evidence for and against said proposed
amendment to Conditional Use Permit No. 4187and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, said 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 conditional use permit, does find and
determine the following facts:
1. The request to enclose an existing 2, 280 square foot upper level deck area for
children's activities and recreation at a private school that is located within an existing religious
facility t in the C -G (General Commercial) Zone is properly one for which a conditional use
permit is authorized by Anaheim Municipal Code Section 18.08.030.040.0402 (Conditionally
Permitted Uses) of the Zoning Code.
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2. The request to enclose an existing 2, 280 square foot upper level deck area for
children's activities and recreation at a private school that is located within an existing religious
facility would not adversely affect the surrounding land uses and the growth and development of
the area in which it is proposed to be located because the property is currently developed with a a
religious facility and private school and the proposed use is compatible with the surrounding
area.
3. The size and shape of the site is adequate to allow the full development of the
proposed use in a manner not detrimental to the particular area nor to the health, safety and
general welfare of the public because the property is currently improved religious facility and
private school with no proposed expansion.
4. The traffic generated by the enclosure of the upper level deck area for children's
activities and recreation at a private school would not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area because the number of
vehicles entering and exiting the site are consistent with the existing school.
5. 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.
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 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.
NOW THEREFORE BE IT RESOLVED that the Planning Commission, for the
reasons hereinabove stated does hereby approve the amendment to Conditional Use Permit
No.4187, designated as Conditional Use Permit No.4187C.
BE IT FURTHER RESOLVED that the Planning Commission does hereby
amend Condition No. 31 of Resolution No. 2000R -114, approving Conditional Use Permit No.
4187, to read as stated in Exhibit "B" attached hereto and incorporated herein by this reference,
which condition is hereby found to be a necessary prerequisite to the proposed use of the subject
property in order to preserve the health, safety and general welfare of the citizens of the City of
Anaheim.
BE IT FURTHER RESOLVED that, except as expressly amended herein, the
provisions of Resolution No.200R -114, approving Conditional Use Permit No.4187, shall remain
if full force and effect.
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
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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 April 11, 2011. Said resolution is subject to the appeal provisions set forth in Chapter'
18.60 "Zoning Provisions - General" of the Anaheim Municipal Code pertainin ' to appeal
procedures and may be replaced by a City Co - i 7 olu on in - *en of an appeal.
/
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
CHAIRMAN, A EIM CITY PLANNING COMMISSION
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 April 11, 2011, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, KARAKI, PERSAUD,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 11 day of April, 2011.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
3 PC2011 -031
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HAPN: 268 - 211 -021
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144.32'
EXHIBIT "A"
DEV2011 -00001
287'
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Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +1- two to five feet.
11490
PC2011 -031
NO.
GENERAL
EXHIBIT "B"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 4187C
(DEV2011- 00001)
CONDITIONS OF APPROVAL
31. Subject property shall be developed substantially in accordance Planning
with plans and specifications submitted to the City of Anaheim
by the business owner and which plans are on file with the
Planning Department marked Revision No. 1 to Exhibit No. 1
and 3 dated December 15, 2010, and as conditioned herein.
REVIEW SIGNED
BY OFF BY
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