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PC 79-142RESOLUTI~N N0. PC79-142 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PET~TIbN ~OR CONDITIOt~AL USE PERtiIT N0, 1996 BE GRANTED WHEREAS, the Anahelm City Planning Commisston did recelve a verified Petition for Conditional Use Permit from NOEL F. HATCH AND NOLA T. HA7CH, 2510 West Orange Avenue, Anaheim, California 92$04, owners of ccrtain real property situated Tn the Ctty of Anaheim, County of Orange. State of California, described as: That portion of the Northwest quarter of the Southwest quarter of Sectlon 18, in Township 4 South, Range 10 West, tn the Rancho Los Coyo[es, city of Anaheim~ as shown on a map thereof recorded ln book 51, page 7, et seq., Miscellaneous Maps, records of sald Orange County, described as follows: Beginning a[ the t~ortheast corner of the Northwest quarter of the Southwest quarter of sald Section 18. thence South 0~ 38' 15" West 243.86 feet along the Easterly line of the Northwest quarter of the Southwesc quarter of said Section 18, to the Northerly line of the Southerly 15.00 acres of the Easterly 18.35 acres of the Northwest quarter of the Southwest quarter of said Sec[ion 18; thence South 89~ 5a' S5" West 151.01 feet along said Northerly line that is paraliel with the Easterly iine of the Northwest quarter af the Southwest quarter o` said Scction 18, and dista~t Nesterly 151.00 feet measured along a line [hat is parallel with [he Northeriy 11ne of the Southwest quarter of safd Section 18 from sald Easterly iine; chence North 0° 38' 15" East 244.73 feet along said parallel line to the Hortherly llne oF the Southwest quarter of sald Sec[ion 18; thence South 89° 41' 10" Eest 15~.00 feet to the point of beginntng. EXCEPTING therefrom the t~ortherly 20.00 feet thereof for road purposes; said exception bcing the Sou[herly 20.00 feet of Orange Avenue. k'HEREAS, the C1ty Planning Commission did schedule a public hearing at the City Hall In the Ci[y of Anaheim on July 2. 1979, ai 1:30 p,m., notice of said public hearing having been duly glven as required by law and tn accordance wlth the provisions of the Anaheim Municipal Code, Lhapter 18.03, to hear and consider evidence for and against said proposed conditlonai use and to investigate and make findings and recort~endatTons in connection therewith; said puhifc hear(ng havtng been continued to thc P1ann(ng Commisslon meeting of July 16. 1979; and WHEREAS, said Lommission, sfter due inspection~ invesiigatfon and study made by i[self and in fts behalf, and after due consideratton of all evidence and reports offered at sald hearing, does fTno and dctermine the following facts: i, Tha[ the propos:•d use is properly ona for which a conditTonal use permit is authorized by Anahei:~ Hunicipal Code Section 18.21.050.270 to wit: To permit expanston of an existing preschool. 2, That the proposed use (s hereby granted for a total of 98 chtldren for a period of one year, subJect to review by thc Planni~g Commisston for posslble PC79-142 extensions of time if It is determined that the use has not had a detrTmental effect on the surrounding area, particularly in terms of on-street parking. 3, That the proposed use is hereby granted subject to the followfng stipulations made by the petitloner at the public hearing: (e) That there will be a maximum of ten (10) employees at any one time and they will be fnstructed to park their vehicles on-site in the designated parking spaces. (b) That a 6-foot htgh chatn link fence interwoven with plasttc s[rips shall be construc[ed along the west property iine if a letter agreetng to satd fence ts submicted to the Planning Department by the adjacent property owner; otherwise a 6-foot high masonry block wall shall be constructed. y, That the proposed use will not adversely affect [he ad)oining land uses and the growth and development of the area tn which i[ Is proposed to be located. 5, That the size and shapc of the s(te proposed for the use is adequate to allow the full development of ihe proposed use in a manner noi detrimental to the parYicutar area nor to the peace, health, safety, and general welfare of the Citizens of the City of Anahetm. 6, That the granting of the Conditional Use Permit under the conditions Imposed, if any, wtll not be detrimental to the peace, health, safety a~d general welfare of the Citizens of che Ctty of Anaheim. ~, 7hat the traffic gencra[ed by the proposed use witl not impose an undue burden upon the streets and highways designed and improved to carry the traffic in [he area. $, That two persons Indicated their presence ac s~id public hearing in oppositTon; and that two letters were received in opposition *.o the subJect petitlon. ENVIRONMENTAL IMPACT FINDING: That the Anahetm City Planning Carnission has reviewed the proposa to perm~t expansion of an exlsting preschool on a rectangularly-shaped parcel of land conslsting of approximately 0.8 acres, havTng a frontage of approximately 151 feet on the south side of Orange Avenue, having a maximum depth of approxtmately 215 feet and being located approximately iQ32 feet east of the centerline of Magnolia Avenue; and does hereby approve the NegaLive Declaration from the requirement ta prepare an environmental impact report on the basts thae there would be no stgnificent i~dividual or cumulative adverse environmen[al impact due to the approval of this NegatTve Declaratlo~ since the Anahelm General Plan designates thc subJect property for low-medium density restdentTal land uses cam~ensurate with the proposal; that no sensittve environmenta) impacts are involved in the proposal; that the Initial Study submttted by the petitioner indicates no signiflcant individual or cumulative adverse envTronmental impacts; and that the Negative Declaration substantiating the foregoing findings Ts on f11e in the Clty ofi Anaheim Planning Department. NOW, THEREFORE, BE IT RESOLYED that the Anaheim City Planning Canmisston dces hereby grant subJect Petttion for Condittonal Use Permlt, upon the following -2- Pt79-~k2 ~ conditions which are hereby found to ae a necessary prcrequisite to the proposed use of the subJect property In ordcr to preserve the safety and general rrelfare of the Cltizens of the Clty af Anaheim: 1, That trash storage arcas shali be provided in accordance v+ith approved plans on file with the Office of the Director of Public Works. 2, That the owner(s) of subJect property shall pay to the City of Anaheim a fee, in an amount as determined by the City Council, for tree plan[in9 purposes atong Orange Avenue. 3, That subject property shall be developed substantlally in accordance Nith plans and specifications on file with the Ctty of Anahelm marked Exhtbit No. 1 (Reviston No. 1) and Exhlbft No. 2. 4, That a 6-foot high masonry block wal! shall be constructed along the west property line; prov(ded. however, tha[ a 6-foot high chain link fence inte naoven with plastic strips may be constructed instead af the block Nall if a le[ter from the adjacent property owner, agreeing thereta. is submitted to the Planning Department. 5, That Condition Nos. 1, 2 and 3. above-mentioned. shali be canplied with prior to the canmencemen[ of the activity authorized under this resolu[1on, or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Cortmission may grant. 6, That Condltion No. 4, above-mentloned, shall be canplied with prior to the final building and zoning inspections. BE IT FURTHER fiE50LVE0 that [he Anaheim Ctty Planning Commissfcdicatedheueon find and determine that adoption of [his Resolution is expressly P P applicant`s compliance Hith each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, 6e declared invalid or unenforceable by the final Judgment of any court of competen[ Jurisdtction, Lhen this Resolution. and any approvals hercin contained, shall be deemed nul) and void. THE FOREGOING RE56LU7i6N is signed artd appr • d b ne this lEth day of Juty, ~979• ~ N, NAHE ITY PLANNING LOMMISSION ATTEST: ~,~~~ - .7.° ~1~:, SECRETAR . ANAHEIM Z IANNItIG COMM~SSION STATE OF CALIFORNIA ) COUN7Y OF ORANGE ) ss. CITY OF ANANEIM ~ I~ Edith L. Harris, Secretary of the Anahelm City Planning ~~Tsslon, do hereby certify that the foregoing resolutio~ was passed and adopted at a meeting of -3- Pt79-t42 r i ~ the Anaheim City P~a~~~~9 ~~tssion held on July 16. 1979. by thc foilo~+i~9 vote of the members thereof: AYES: COMMISSIONERS: BARNES~ BUSHORE, DAVID. FRY. HERBST~ KI~IG NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLAR IN WITNE55 WHEREOF, 1 have hereunto set my hand this 16th day of July~ t979. ~~ ~ ~ SECREITARY. ANAHEIM CITY PLANNING LOMMtSSION -4- Pc79-142