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PC 81-144RESOLUi IO~J ~l0. PCII1-144 A RESOLUT 10I; OF TNE Ai~AHE I N C I TY PLArIP! I Nr, C0~1~415510r; REVOI;I~JG r01JDIT10!JAL USE PEP,~11T t~0. 141~ FOR FAILUFE TO COMPLY 411TH COP~DITIOtJS OF APPRPVAL WHEREAS, Conditional Use Permit Ido, l~Fln was qranted by the Anaheim City Planning Commission hy Resolution No. PC73-iSj on August 2~, 1`~73, to estabiish a pre-school and Christian day school facility for a maximum of ~0 pupils with waivers of minimum required number of parking spaces and o-~raught iron or other tyPes ~f permitted open work metal fences for Anaheim Baptist Church loca~ed at 305 East Broadway; and WHEREAS, on June 29, 1;81, the Planning Commission did conduct a duly noticed public hearing pursuant to provisions of Section 13.~3.~~1 of the Anaheim Municipal Code to determine if grounds existed under the provisions of Anaheim FSunicipal Code Section 13,03,0?2.(%1~~ `or the termination uf Condittonai L'se ParmiY No. 1419 for exercising said permit contra ry to the express terms or conditions of approval; and WHEREAS~ after censidering all oF tfie evidence and test~mony offered at said hearing, the Planning Commission does hereby find that the perr~ittee has exercisej Conditional Use Permit No. 1!~19 contrary to the express terms or conditions of approval contairsed in Resolution No. PC~'1-187 as follows: 1. That permittee violated the permit ~.~hi~h snecified a maxim~~m total of 50 pupils in a pre-school and Christian day school facility by enrollin9 approximately 192 pupils, 2. That permittee has refused to request a public hearing at which a modification to the use permit for the increased rumher of ~upils could be considered. 3. That fiv~ (5) property owners i~ the surrounding residential neighborhood appeared at the public hearing and indicated their opposition to the dust, noise, and other disturbances generate~l by this increased numher of students. 4. Ttiat testimony presented by the opposition at the public hearing indicated the plaY9round area is not paved and the area is not adequately naintained to eliminate dust. N04;, TNEREFORE, DE IT RESOLVEQ Ly the Plannin9 Commission of the City of Anaheim that, for each of thie reasons liereinabove specified, Conditional Use Perroit No. 11~19 be, and the same is hereby, revoked and Resolution No. °r73_~g~ is hereby declared null and void, PC81-1lE!{ t981. THE FOREGOING RESOLUTI0~1 is signed and approved by no this 2~th day of June, ~~ ~~ ' ~_~ ~L'..a--~~- CHAIR!1Fli~ PRO TEMPORE AtlAH[IM CITY PLAI•lNIW~ CONMISSION ATTEST: _ _ l~ -u,~ ~ ~A(~r~t~~.. . SECR[TARY, APJAIIEIM CITY PLAN ING COMt",ISSIOPI STA?E OF CALiFORNII\ ) COUtdTY OF ORA~JGE ) ss. CITY OF ANANEIM ) I, Edith L. Narris, Secretary of the pnaheim City Planning Commission, ~fo hereby certify that the foregoing resolution was ~~assed and adopted at a meeting ~f the Anaheim City Planning Commission held on June 29, 19~1, at 1:3(! p.m.y by the following vote of the members thereof: AYES: COM111~SIONEP,S: BNR(JES, BOUAS, 9USHCRE, FRY, HERBST, Y.ING NOES: COMt41SSI0ilEP,S: tJOtlE A[3SEFlT: COMNISSIONERS: TOLAR lu ~.rir~ircc t.~urrc(~C 1 h~.~~.. ..~~..~., o.,f . _.~ ~~_7.- ~o.l. .7~.. ,.c .n(11 .~. ....~.~.+.. ~.~.~..~.. ~ . ~.~.... ..... ~.~., _~~ ~~~~ .lullu ~~~~.. -~ ~ - ~ .i~ HUIIC~ - ~. ~~ ~.4L~ ~~ SECRETARY, ANAHEIM CITY PL NI•ll~~ COMMISSfON ~?' F'C81-14~i