Resolution-PC 98-158RESOLUTION NO. PC98-158
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROV~NG CONDITIONAL USE PERMIT NO. 3861, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC96-90,
ADOPTEC THEREWITH
WHEREAS, on September 4, 1996, Resolution No. PC96-90 was adopted by the Anaheim
City Planning Commission to approve Conditional Use Permit No. 3861 and permit a temporary modular
building in conjunction with an existing child day care facility and private el?mentary school with waivar of
minimum setback adjacent to a secondary highway at 191 South Old Sprinys Road (Hillsborough School);
and
WHEREAS, said Resolution No. 96-90 includes the following conditions of approval:
1. That this conditional use permit shall expire two (2) years from the date of this
resolution, on September 4, 1998.
13. That use of the proposed modular building shall be limited to the students and
faculty of this child day care and elementary school facility for library and
computer lab uses only.
WHEREAS, this property is currently developed with a child day care facility and a private
eiementary school established under Conditional Use Permit No. 3647 and that the temporary modular
building was installed under subject use permit; and that the underlying zoning is CO(SC) (Commercial,
Office and Professional-Scenic Corridor Overlay); and
WHEREAS, the petitioner has requested, pursuant to Code Sections 18.03.92.060 and
18.03.093 of the Anaheim Municipal Code, that this conditional use permit be reinstated by the
modification of Condition No. 1 in order to retain the existing temporary modular building; and
WHEREAS, the City Planning Commission did hold a pubiic hearing at the Civic Center in
the City of Anaheim on September 28, 1998, at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheirn Municipal Code, Chapter
18.03, to hear and consider evidence for and against said proposed amendment and to investigate and
make findings.and recommendations in connECtion therewith; and
WHEREAS, said Commission, after due inspection, investigation and stucJy made by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the temporary modular building (in conjunction with an existing child day care facility
and private elementary school) with waiver of minimum setback from a hillside secondary arterial highway
(5d feet required, 44 feet proposed between the modular building and Monte Vista Road) is properly one
for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.03.030.010,
18.41.050.060 and 18.41.05~.150.
2. That amending Condition No. 1 to reinstate the use for additional period of time will not
adversely affect the adjoining land uses and the growth and development of the area in which it is located
because no changes have occurred to the approved use which contradict the original findings for approval
and that the temporary modular building, as currently operated, is not a detriment to the surrounding
commercial and residential neighborhood.
CR3441 MS.DOC -1- PC98-158
3. That 2mending Condition No. 13 is appropriate to permit the continued use of the rr~odular
building for classrooms (instead of a library and comp~ter lab) for an addifianal time period during which
the permanent facilities will be expanded to accommodate additional ciassrooms.
4. That the size and shape of the site for the proposed use is 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 generai welfare.
5. That the traffic generated by reinstating the use will not impose an undue burden upon the
streets and highways designed and improved to carry the tra~c in the area.
6. That this use permit is being exercised in a manner not detrimental to the particular area
and surrounding land usPS, nor to the pubiic peace, health and safety and generai welfare.
7. That reinstafing this conditionai use permit, under the conditions imposed, will not be
detrimental to the peace, heaith, safety and general welfare of the citizens of the City of Anaheim because
it is being exercised in substantially the same manner and in conformance with all of the conditions and
stipuiations originally approved.
8. That no one indicated their presence at the public hearing in opposition to the proposai; and
that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that this request falls within the definition of Categorical
Exemptions, Class 14, as defined in the State EIR Guidelines and is, therefore, categorically exempt from
the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Plann(ng Commission does
hereby amend Resolution No. PC96-90, adopted in connection with Conditional Use Permit No. 3861, to
reinstate this conditional use permit, and to amend Condition Nos. 1 snd 13 therein to read as follows:
1. That this conditional use permit shall expire on March 31, 2000.
13. That use of the proposed modular buiiding shall be limited to the students and facuity of
this child day care and elementary school facility- ~ r classroom uses only.
THE FOREGOING RESOLUTIO ~ ado fecYat f~ Planning Commission meeting of
September 28, 1998.
, (~~ ,~ \~ - ~
CNAIRPERSI~N, ANAHEIM CITY PLANNING COMMISSION
ATi'EST:
~l'~w-~,a~. , ~x.O~
SECRETAhY, A~tjAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUIVIY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the f~regoing resolution was passed and adopted at a meeting of the Anaheim CiEy Planning
Commission held on September 28, 1998, by the fallowing vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: WILLIAMS
Q'l, ~1~,,,~ IN WITNESS WHEREOF, I have hereunto set my hand this 0~7~ day of
~~I,~UCD~p~J , 1998.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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