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PC 83-73RESOLUTZON C10. PC83-73 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR COA~DITIONAL USE PERMIT NO. 2430 BE GRAt7TED WHEP.EAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from CALIFORNIA YEARLY MEETING OF FRI~NDS CHURCH, 1501 West Katella Avenue, Anaheim, California 92802, owner of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1: THE EAS:~ERLY 184.50 FEET OF THE SOUTHERLY 259.75 FEET MEASURED TO TH.°. CENTER LINE OF STREETS ADJACENT OF LOT $r IN BLOCK 17 OF THE SUBDIVISION OF T$E SOUTH HALF OF SECTION 21i TO~ri~SHIP 4 SOUTHi RANGE 10 WEST~ S.B.B. &~.],~ pg SHOWN ON A MAP RECORDED IN BOOK 1, PAGE 33 OF MISCELLANEOUS MAPS. RECORDS OF ORANGE COi1NTY, CALIFORNIA. PARCEL 2: LOTS 8& 9 OF TRACT NO. 2303, AS SHOWN ON A MAP RECORDED IN BOOK 99, pAGES 21, 22 AND 23 OF MISCELLANEOUS MAPS, RECORDS OF JRANGE COUt1TY, CALIFORNIA. the CivicWCente~in theCCityPcfnAnaheim on$April 4,d 1983a at Pu 30 ~ hearing at of said public hearing having been dul P•m•, notice accordance with the provisions of the Anaheim eMunicipa luCode, b hapter 18.03n 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 WHER'r;AS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideratioc: oP aIi evidence and repcrts o£fered at said hearing, does find and determine the following facts: 1• That the proposed use is properly one fot. which a cunditional use permit is authorized by Anaheim Municipal Code Section 18.06.080, 18.21.050.270 & 18.44.050.270 to wit: to permit a private pre-school with a maximum enrollment of 62 students in an existing church facility with waiver of the following; SECTIONS 18.06.050.0266 - Minimum number of arkin s aces RND 18.06.050.0268 (136_ s_~aces required; 38 spaces existing) 2• That the above-mentioned waiver is hereby granted on the basis that the use as a pre-school will not genecate the need for packing as required by Code; and that the petitioner stipulated at the public hearing th~t the maximum number of employees shall be six (6) with a maximum enrollment of. sixty-two (62) students. 3• That the praposed use will not adversely affect the adjoining land uses and the growth and development oE the area in which it is proposed to be located. #05691 PC83-73 a~ 4. That the size and shape of the site proposed for the use is ~''' adequate to allow the full development of the proposed use in a manner not s~ detrimental to the particu.lar area nor to the peace, health, safety and , general welfare of the Citizens of the City of Anaheim. 5• That the granting of the Conditional Use Permit under the conditions imposed, if any, will not be detrimental to the peace, health, • safety and general welfare of the Citizens uf the City of Anaheim. 6. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry `~ the traffic in the a~ea. ;! ~ ~• That no one indicated their presence at said public hearing in ~i opposition; and that n~ coccespondence was received in opposition to the subject petition. ENVIRONMENTAL IhiPACT FINDING: ThaL• the Anaheim City Planning Commission haa reviewed the proposal to pecmit a private pre-school with a maximum enrollment of 62 students in an existing church facility with waiver of minimum number of parking spaces on an irregularly-shaped parcel of land consisting of approximately 0.99 acre located at the northwest corner of Katella and Ninth Street, and further described as 1501 West Katella Avenue (Anaheim Friends Church); and does hereby approve the Negative Declaration from the requirement to prepare an environmental impact report on the basis that there would be no significant individual or cumulative adverse environmental im2act due to the approval of this Negative Declaration since the Araheim General Plan designates the subject property for low-density residential and commercial professional land uses commensurates with the proposal; that no sensitive environmental impacts are involved in the proposal; that the initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declaration ~ubstanliating the foregoing findi..gs is on file in the City of Anaheim Planning Department. NOW, THEREFORE, BE IT RESOLVED that the anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the =ollowing conditions which ace hereby found to be a necessary prerequisite to the proposed use of the subject pcoperty in order to preserve the safety and general welfare of the Citi2ens of the City of Anaheim: 1- That trash storage areas shall be provided in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 2. That the maximum pecmitted enrollment shall be G:: students. 3. That subject property shall be developed substant: ly in accordance with plans and specifications on file with the Cit. L Anaheim marked Exhibit Nos. 1 through 3. I 4. That prior to final bui.ldin9 and zoning inspzctions, Condition Nos. 1 ~ and 3, above-mentioned, shall be complied with. ~. _2 PC83-73 I - ~- l--, .. . ... BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTIOtd is signed and approved by me this 4th day of Aptil, 1983. , ~~~f~ HA RMAN, ANAHEIM CITY PL~ING COMMISSION ATTEST: ~ (~ n ~1--~ ~ /~-~.r ^ ' SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, 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 April 4, 1983, by the following vote of the members thereof: AYES: COMMISSIONERS: BOUAS, BUSHORE, FRY, HERBST, KING, LA CLAIRE MC BURNEY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of April, 1983. i ~ ~1 ~'~~ .C~~ ~~ SECRETARy, ANAHEIM CITY PLANNING COMMISSION -3- PC83-73