Resolution-PC 2003-130• . .
RESOLUTION NO. PC2003-130
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING CONDITION NO. 3 OF RESOLUTION NO. PC96-37
AS AMENDED BY RESOLUTION NO. PC2001-45, ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 3832
WHEREAS, on April 15, 1996, the Anaheim City Planning Commission did, by its
Resolution No. PC96-37, grant Conditional Use Permit No. 3832 to permit a temporary modular
classroom building in conjunction with relocation of an existing teachers' lounge at 1557 West Mable
Street; and that Condition No. 1 specified that the use was approved for a period of 5 years to expire
April 15, 2001; and
WHEREAS, on April 23, 2001, the Planning Commission did, by its Resolution No.
PC2001-45, reinstate and approve Conditional Use Permit No. 3832, delete the time limitation, and
amend the conditions of approval in their entirety including the following:
3. That prior to June 1, 2002, plans shall be submitted to the Building Division to place
the modular classroom building on a permanent foundation; and that the appropriate
permits shalf be obtained.
WHEREAS, the property is developed with the Fairmont Private School (K-12th grade);
that the zoning is ML (Limited Industrial); and that the Anaheim General Plan Land Use Element
des.i.gnates this property and surroundin.g. properties for General Industrial land uses; and
WHEREAS, the petitioner has requested that the above-mentioned Condition No. 3 be
amended due to funding problems, and that an additional year is needed to comply with the condition
requiring that the modular trailer be placed on a permanent foundation; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on September 8, 2003, at 1:30 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
18.03, to hear and consider evidence for and against said proposed amendment 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 use, as proposed to be amended, is properly one for which a conditional use
permit is authorized by the Zoning Code.
2. That the use, as proposed to be amended, will not adversely affect the adjoining land uses
and the growth and development of the area in which it is located.
3. That the size and shape of the site for the use, as proposed to be amended, is adequate to
allow full development of the 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 the use, as proposed to be amended, will not impose an
undue burden upon the streets and highways designed and improved to carry traffic in the area.
5. That amending the conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
Tracking No. CUP2003-04745
cr\PC2003-130.doc -1- PC2003-130
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6. That this conditional use permit has not been exercised contrary to the terms or conditions
of its original approval, or in violation of any statute, ordinance, law or regulation.
7. That the proposed modification to the conditions of approval, including Condition No. 3
pertaining to additional time to place the modular classroom on a permanent foundation and obtain the
appropriate permits, is reasonably necessary to allow for operation of the permit as originally granted.
8. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY AGT FINDING: The Planning Director or his
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 14, 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 amend Condition No. 3 of Resolution No. PC96-37, as amended by Resolution No. PC2001-45
and adopted in connection with Conditional Use Permit No. 3832, to allow an additional year before the
modular classroom is placed on a permanent foundation; and that the conditions of approval shall, in
their entirety, read as follows :
1. 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, and as conditioned herein.
That the classrooms replaced by the modular structure shall be used only for offices or a teachers'
lounge.
3. (a) That prior to June 1, 2004, plans shall be submitted to the Building Division to place the
modular classroom building on a permanent foundation, and the appropriate permit(s) shall be
obtained.
(b) That the work to place the modular classroom building on a permanent foundation shall be
completed within sixty (60) days after permit issuance.
4. That the approval of this application constitutes approval of the proposed request only to the extent
that tit 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.
THE FOREGOING RESOLUTION was adopted at the Planning C mmission meeting of
September 8, 2003.
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CH IR ERSON, A IM CITY PLANNING COMMISSION
A
R S~CRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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I, Pat Chandler, Senior 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 September 8, 2003, by the following vote of the members thereof:
AYES:
NOES:
ABSENT:
VACANCY:
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COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
IN WITNESS WHE
BOSTWICK, EASTMAN, FLORES, ROMERO, VANDERBILT
NONE
O'CONNELL
ONE SEAT
REOF, I have hereunto set my hand this ~ day of
, 2003.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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