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Resolution-PC 2001-106• . RESOLUTION NO. PC2001-106 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04398 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1: THE EAST 120 FEET OF THE WEST 284.00 FEET OF THE NORTH 459.00 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 21, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, AS SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 21 IS INDfCATED ON THE MAP OF THE ANAHEIM INVESTMENT COMPANY'S TRACT, RECORDED IN BOOK 7, PAGES 33 AND 34, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY. EXCEPTING THEREFROM THE NORTH 363 FEET. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 30, 2001 at 1:30 p.m., notice of said public hearing having been duly given as required by-taw and in accordance with the provisians of the Anaheirrr Municipal Code, Ehapter 18.03, 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. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section s 18.21.050.105 to permit a pre-schooi and day care faciiity in conjunction with an existing church. 2. That the proposed use would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 3. That the size and shape of the site for the proposed use is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. That the traffic generated by the proposed use would not impose an undue burden upon thc gtrco4c Mnri h;yh~niw~g ricg;~nori anMl imMmyor~ 4~ r2rn~ 4ho tr2~~ ~n tho 4roM. 5. That granting of this conditional use permit, under the conditions imposed, will serve the residents of the City of Anaheim and will not be detrimental to the peace, health, safety and general welfare of the citizens of the City. 6. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CR5140PK.doc -1- PC2001-106 • . CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report (EIR) Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: That the maximum number of preschool/day care students shall be limited to one hundred twenty (120) children. 2. That, as stipulated to by the petitioner, the hours of operation for the preschool and day care facility shall be 6:30 a.m. to 7 p.m., Monday through Friday; and that use of the outdoor play area shall be limited to 8 a.m. to 7 p.m. That the owner of subject property shall submit a letter requesting termination Conditional Use Permit Nos. 2754 (to permit a residential trailer in conjunction with an existing church) and 3377 (to permit 4,436 square foot modular classrooms for pre-school and day care with waiver of maximum structural height, minimum number of parking spaces and setbacks for institutional uses) to the Zoning Division. 4. That signage for the proposal shall be limited to the existing, approved signage unless reviewed and approved by the Plan~ring Gorrimission as a"Repo~ts and Recommendatians" item. 5. That the on-site landscaping shall be maintained in conformance with City standards. 6. That trash storage area(s) shall be maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage area(s) shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be protected from graffiti opportunities by the use of plant materials such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers or tall shrubbery. 7. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Streets and Sanitation Division for review and approval. 8. That an on-site trash truck turn-around area shall be maintained in accordance with Engineering Standard Detail No. 610 and to the satisfaction of the Streets and Sanitation Division. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 10. That no "compact" or "small car" parking spaces shall be permitted. 11. That 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 Nos. 1 and 2, as conditioned herein. 12. 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. -2- PC2001-106 ~ • 13. That within a period of two (2) months from the date of this resolution, Condition Nos. 3, 6, 7, 8 and 11, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 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 applicanYs 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. July 30, 2001. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of ERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: ~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Fernandes; Secretary of the Anaheim ~~#y Plann~ng ~ornrn~ss~on, dU h?~sby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on July 30, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT NOES: COMMISSIONERS: NONE ABSEN~f: COMMISSIONERS: BOSTWICK T IN WITNESS WHEREOF, I have hereunto set my hand this 2 g day of ! [~ , 2001. ~~li4~n-w.~-.~so SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2001-106