PC 80-118RESOLUTION PJ~. PC80-113
A RESOLUTIO~J OF THE ANAHEIM C(TY PLANNING COMMISSiON
THAT PETITION FOR COPIDITIOPlAL USE PEP.MIT N0. 2095 BE GkANTED
WHEREAS, the Anahaim City Planning Commission did recelve a verifted
Petttion for Condltional Use Permit from ALLAN FAINBARG A~lD SARA FAINBARG, ET AL.
3175 Airway, Costa Mesa~ Caltfornia 92b26, owners, and CHARLES J. UPTON, 11833
Gloxinia Avenue, Fountain Valley, Caltfornia 92708, agent, of certain real praperty
situated in the City of Anaheim, County of Orange. State of California~ described as:
The North 366 feet of the Northeast quarter of the Northeast
quarter of the Northeast quarter of Section 12~ Tcwnship 4 South~
Range 11 West, in the Rancho Los Coyotes. in the CTty of Anahetm,
as per map recorded in book 51~ pege 11 of Miscellaneous Haps,
records of said Orange County. EXCEPT therefrom the No~th 295
feet of the East 420 feet thereof. AL50 EXCEPT therefrom the
South 71 feet of the North 366 feet of the East 290 feet [hereof.
WHEREAS, the City Ptanntng Cortmission did hold a public liearing at the Ci[y
Ha11 in the Ctty of Anaheim on July 28, 1980~ at 1:30 p.m., notice of said publTc
hearing having been duly given as required by law and in accordance wTth the
provisions of the Anaheim Municipal Code. Chapter 18.03, to hear and consider
evidence for and against said proposed conditional use permit and to tnvestigate and
make findings and recommendations in connection therewith; and
WHEREAS, satd Commisslor., after due inspection~ investtgation and study made
by itself and in its behalf~ and after due consideration of all evidence and reports
offered aC Sdid heariiiy~ does find and determine the foliowing facts:
1. That the proposed use ts properly one for which a condltional use
permit is authorized by Anaheim Muntcipal Code Section 18.44.050.120 to wit: to
permtt a pre-school for 115 chtldren in the CL (Commerctal, Limited) Zone.
2. That the hours of operation will typically be 6:00 o'clock a.m, to 6:00
o~clock p.m.
3. That the proposed use will not adversely affect the adjointng land uses
and the g~ov+th and development of the area in which it is proposed to be located,
4. That thP size and shape of the ~ite proposed for the use ts adequate to
allow the full development of the proposed use in a manner not detrimental to the
particular area nor to the peace, health, safety, and general welfare of the Citizens
af the City of Anahei~n.
5. That tF~e grantin9 of the Conditional Use Permit under the conditions
Impoaed. if any~ will not be d~trimental to the peace, haalth~ safety and general
Welfare of the Citizens of [he Ctty of Anahcim.
PC80-118
6. That tne traffic 9enerated by the proposed use will not imp~se an undue
burden upon the streets and highways designed and improved to carry the traffic in
the area.
7. That no one i~dicated ttieir presence at said public hearir~y in
oPposition; ~nd that no correspondence was received in opposTtton to the subject
petitton.
E~JVIitONHE~JTAL IMPACT FINDitif,: That the Anaheim City Plan~ina Cortmission has
reviewed the proposal to permit a pre-school in [he CL (Commerclal, Limiied) 2one for
115 chlldren on an irregularly-shaped parcel of land consisting of approixmately 2.0
acres, havin9 a frontage uf approximately 250 feet on the south stde of La Palma
Avenue~ having a maximun depth of approximately 315 fePt and being located
aPproxtmately 425 feet west of the centerllne of Magnolia Avenue; and does hereby
approve the Negative Declaration from the requirement to prepare an environmental
impact report on the basts that there would be no significant indtvidual or
cunutaitve adverse environmental impact due to the approval of this Negative
Declaratian sTnce the Anaheim General Pian destgnates [he subject aroperty for
general coan+erctal land uses commensurate with the proposal; that no sensttive
environmental impacts are involvcd In the proposal; that the Intttal 5[udy submitted
by the petitioner indicates no sig~ificant i~dividual or cumulatTve adverse
environmental impaccs; and chat the Negative Declaration substanttacing [he foregoing
findings Is on file in ~he City of Anaheim Plannino ~epartment.
N011, TNEREFORE, BE IT RESOLVED [hat the 1lnahcim Clty Planninq Corsxniss(on
does hercby grant subjec[ Petition for Conditional Use Permit, upon the following
conditions r+hich are F.areby found to be a necessa.ry prerequislce to the oroposed use
of Lhe subJect property in order to preserve the safety and qeneral welfare of thc
Ciiizens of che City of Anaheim:
2. Ti~at ttesh sCo~age .,reas ~i~aii be provi6ed in accor6ance Hith approved
Plans on file with the Office of the Executive Dlrector of Public uorks.
2. That the proposed pre-school shall ccxnply with a!1 signing requlrements
of the CL ~~ommercial, Limited) Zone.
3. That subject property shall be developed substantlally in accordance
-+fth plans and specifications on flle with the CTty of Anaheim marked Exhfb(t Nos. 1
through 3•
4. That Gondition Nos, t~ 2 and 3~ above-mentioned~ sfiall be complfed wlth
prior to final building and zoning inspections.
BE I'i FURTHER RESOLVED that the Anahcim City Planning Commisston does hereby
find and determfne that adoption of thts Resolutton is expressly predicated upon
applicant's compliance with each and all of the con,.ittons herelnabove set forth.
Should any such condTtton, or any par[ thereof, be declared invaltd or unenforceable
by the final Judgmenc o.' any cou~t of con:petent Jurtsdictton. then this Resolutlon.
and any approvals hereln con!ained, shail be deemed null and void.
THE FOREGOING RESOLUT~ON is signed and approved by ne this 28th day of July~
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~~' ' ' -2- PCBo-tt8
STATE OF CALIFORt~IA )
COUNTY OF ORA~lGE ) ss.
~ITY OF AflAHEIM )
I, Edith L. Harris~ Secretary of the Anahcim City Planntng Commission, do
he~eby cer[ify that the foregoing resolutton w~: passed and adopted at a meeting of
Lhe Anahe(m Ci[y Planrtinq Commfssion held on Ju-•, 2R, 1~?~, ny [he following vote of
the mo_m~ers thereof:
AYES: COMMISSIONERS: BARNES, BOUAS, BUSHORE~ fRY, HERFST, KINr,~ TOLAR
NO[S: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: t10NE
IN WITqE55 1lHEREOf~ I have hereunto set rry hand this 23th day of July, 1980.
ECRE A Y, N H H 1 NNING COMMISSION
'3' PCBO-l18