Resolution-PC 97-169~ ~
RESGLUTIO!~ NO. PC97-'IE9
A RESOLUTION OF THE ANAHEIM CITY PLAN~iING COMMISSION
THAT PFTITION FOR CONDITIONAL USE PERMIT NO. 3984 BE DENIED
WHEREAS, the Anaheim City Planr~ing Commission did receive a verified Petition for
Conditional Use Permit for certain real properly situated in the City of Anaheim, County of Orange, State
of Cali6omia, described as:
LOT 130 OF TRACT 4181, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
A UT23 MISCELL.AtJEOUS MJAPS, MN THF O FICE OF THE COUNTY RECORDER
OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheir:i on November 24, 19~7 at 1:30 p.m., notice of said public hearing having been
duly given as required by law and in accordance with th~ pruvisions of the Anaheim Municipal Code,
Chapter 18.03, to hear and consider evidence for and against said proNosed conditional use permit and
to investigate and make findings ai~d recommendalions i~ c.onnection lherewith; and
WHEREAS, sa;i7 Commission, after due inspection, investigation aiid study made by
itse~f and in its behaif, and after d~~e consideratioi~ of all evidence and reporis offered at said hearing,
does ~nd and determine the following facts:
1. That !he proposed use is prope~ly one for which a conditional use permit is
authorized by Anaheim Municipal Code Section 18.44.050.270 to retain a 6,876 sq. ft. private school
within a 19,858 sq. ft. commercial retail center ~vith waivers of the following:
(a) Sections 18.04.042.020 - Minimum setback of institutianal uses
adiacpnt to a residential zone boundarv.
and 18.44.062.011 (20-foot structural setback req~ired for a 10-foot high
commercial building and 15-foot fuliv-landscaaed
selback required; outdoor olav a~ea
proposed in existing 20-foot wide setback)
(b) Sections 18.0_6.050.02,2 - Minimum number of aarkinq spaces.
18.06.05d•U?25 L_9 ~equired; 73 existing)
18.06.050.0267
18.06.080
and 18.44,066.050
1. That the proposed use is properly one for which a i;onditional use permit is
authorized by the Zoning Code;
2. That approval of the proposed use would adverseiy a(fect the adjoining land
uses and the growlh and development of the area in which it is proposed to be located because the use
would impose an undue burden on the adjacent residents due to the close proximity of the proposed play
area;
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CR3121 PL.WP
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3. Thati the size and shape of the sile for the proposed use is not adequate to aliow
futl devetopment of the proposed use in a manner nol detrimental to ihe par'iicu{ar area nor So the ~eace,
health, safeiy and general vuelfare because the proposed site design does noi adequately allow
establishment of tt~e use witPoout detriment to the peace and safety of the surrounding citfzens and of the
children who would utilize the facility;
.4. That the traffic generated by the proposed use would nat impose an undue
burden upon the streets and highways designed and irnproved to carry the traffic in the area;
5. That the granting of the conditional use permit would be detrimental to lhe
peace, health, safety and general weifare of the citizens of the City of Anaheim;
s, That waiver (a) is hereby denied on the basis that the play area would eliminate
the existing and required minimum 15-foot landscaped buffer between the commercial use and adja~ent
single-family residences;
7. That lhere are no special circumstances applicabie io the property such as size
shape, topography, location or surroundings, which do n~t apply to other idsnticaliy zoned proQerties in
the vicinity;
S. That strict appiication of the Zoning Code does not deprive the property of
privileges enjoyed by other properties under identical zoning classification in the vicinity;
g. That the parking waiver (b) is hereby approved on the basis that the t~tal
number of parking spaces ~equired by this particular use is less than the number of spaces which would
be required f~r a retail or service busin~ass occ~pying the same floor area;
10. That waiver {b) wiil not cause fewer off-street parking spaces to be provided for
such uss tnan the number of such spaces necessary to accommodate all vehecles attributable to such
use under the normal and reasonably foreseeabie conditions of operation of such use;
11. That waiver (b) will not increase the demand and competition for parVcing spaces
upon the public streets in ttie immediate vicinity of the proposed use;
12. That waiver (b) will not increase the demand and competition for parking spaces
upon adjacent p~ivate pro;~erty in the immediate vicinity of the proposed use (which property is not
expressly provided as parking for such use under an agreement in compliance with Section
18.06.010.020 of this Code);
13. Thai waiver (b) will not increase traffic congestion within the off-street parking
areas or lots provided tor such use;
14. That waiver (b) will not impede vehicular ingress to or egress f!~i:,n adjacent
properties upon 1h~ public streets in the immediate viciriity of the proposed use;
15. That waiver (b), although approved, is of no force and effect because subject
conditio~~al use permit has been denied and the need for the parking waiver was necessitated by ihe
proposed conditional use; and
16. That no one indicated their presence at said public hearing in opposition; and that
no correspondence was received in opposition to the subject petition.
2 PC97-169
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposai to retain a 6,876 sq. ft. private school within a 19,858
sq, ft. commercial retail center with waivers of minimum setback of instituiional uses adjacent to a
residentiai zone boundary and minimum ~umber of parking spaces on a 1.47 acre parcel located at the
northeast comer of Orangethorpe and Post Lane having frontages of 147 feet on Post Lane a~d 357 feet
on Oraneteihrope Avenue (5247 East Orangethorpe Avenue - Crown Private School); and does hereby
approve the Negative Declaration upon finding that the declaration reflects the independent judgmer~t nf
the lead agency and that it has considered the Negative Deciaration together with any cnmments
received during the public review process and further findi~g on the basis of the inilial study and any
commenis received that there is no substantial evidence that the project will have a significant effect on
the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commis.5ion
does hereby denied subject Petition for Conditional Use Permil.
THE FOREGOING RESOLUTION was adopted at the Pianning Commission meeting of
November 24, 1997.
~'~ ` -T_" ~ _
~''~~'%' - .Q~<• -~y.~~ ML'r..-''~~.i
CHAIRMAN ANAHEIM CITY PLANNING COMMISSION
ATTEST:/ ~~~
SECRETARY, A AHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF pNAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do he~~aby
certify that the foregoing resoiution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on November 24, 1997, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOS'i WICK, BRISTOL, NAPOLES, PERAZA
NO~..S: COMiMISSIONERS: BOYDSTUN
ABSFN"r: COMMISSIONERS: HENNINGER, MAYER,
IN WI1 NESS W"rIEREOF, I have hereunto set my hand this ~~~day of
, 1997, c~Juy'1
i' ~
SECRETA , ANAHEIM CITY PLANNING COMMISSION
PC97-169