Resolution-PC 2006-60. . ~ . . , . . • . . . ~ ~ .. ~ ~ . . . . . .• . t~.
RESOLUTION NO: PG2006-60
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE'PERMIT NO. 2006.-05104 BE GRANTED
WHEREAS, the Anaheim 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: ,
THE 1NEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER-0F
SECTION 8,'TOWNSHIP 4 SOUTH, RANGE 10 WEST, S.B.B. AND M., EXCEPT THE
SOUTH 263 FEET THEREOF. ,
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on June 26, 2006, at 2:30 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 18.6Q 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 property one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.14.030.040.0402 (Educational Institutions-General) and 18.14.030,080
(Temporary Modular Units).
2. That temporary modular units would be used in conjunction with a previously approved
private educational institution only and would not adversely affect the adjoining land uses or the growth and
development of the area since student enrollment would not be increased, and there is no significant change
in the operation of the existing schooL
3. That there wiff be no added traffic or parking impacts that would occur due to the addition of
the two (2) modular buildings for a total of four (4) classrooms since enrollment would not increase.
4. That the granting of this permit under the conditions imposed will not be detrimental to the
health and safety of the citizens of the City of Anaheim since there will be no significant change in the
existing land use and operation on the site.
5. That a person indicated their presence at said public hearing in opposition, and a person
spoke with questions pertaining to the request; and an e-mail was received in opposition to the subject
petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or her
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 3(New Construction or Conversion of Small Structures), 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 Anaheim 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:
Cr\PC2006-60 -1- ' > PC2006-60
~ ~
1. That within a period of one (1) year from the date of this resolution, the applicant shall obtain any
necessary building permits and shall obtain Building Division clearance for the modular units.
2. That prior to issuance of a building permit or within 90 days from the date of approval, the
applicable traffic signal fee shall be paid to the City of Anaheim in'an amount established by City
Council Resolution.
3. That 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.
4. That prior tofinal building and zoning inspections, Condition No. 3, above-mentioned, shall be
complied with. _
5: That timing for compliance with conditions of approval may be amended by the Planning Director
upon a showing of good cause provided (i) equivalent timing is esta6lished that satisfies the original
intent and purpose of the condition(s), (ii) themodification complies with the Anaheim Municipal .
Code and (iii) the applicant has demonstrated significant progress toward establishment of the use
or appr,oved development.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of thisResolution 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 thisResolution,
and any approvals herein contained, shall be deemed null and void.
8E 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 or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 26, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - GeneraP' of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal. .
`i -\/`-~ ~ ~
CHAIRMAN PRO TEMPORE, ANA IM PLANNING COMMISSION
ATTEST:
/~~~ ~ - ~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
• ~
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM ) ;
t, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on June 26, 2006,.by the foliowing vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, FAESSEL, FLORES, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: EASTMAN
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2006.
~ f
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION