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Resolution-PC 98-201RESOLUTION NO. PC98-201 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSIQN THAT PCTITION FOR CONDITIONAL USE PERNfIT NO. 4083 BE GRP,NTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF Or'2ANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS NiAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHWESTERLY Ot= THE SOUTHWESTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD CO. RIGHT OF WAY CONVEYED TO THE WESTERN DEVELOPMENT CO., BY DEED RECORDED JUNE 12, 1876 IN BOOK 44 PAGE 496 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFOP.NIA. EXCEPT THAT PORTION THEREOF LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHWEST CORNER OF THE LAND DESCRIBFD IN DEED TO COORDINATED BUILDING MAINTENANCE CO., RECdRDEL1 APRIL 17, 1959 IN BOOK 4674 PAGE 467 OF OFFICIAL RECORDS, SAID POINT BEING DISTANT NORTH 89 DEGREES 21 MINUTES 20 SECONDS EAST 504.88 FEET ALONG THE CENTER LINE OF LA F'ALMA AVENUE, 60.00 FEET WIDE, FROM THE POINT OF INTERSECTION OF SAID CENTER LINE WITH THE CENTER LINE OF GILBERT STREET, 40.00 FF_ET WIDE; THENCE NORTH 0 DEGREES 38 MINUTES 40 SECONDS WEST TO A pOi~lT IN SAID SOU7HWESTERLY LINE OF THE 100.00 FOOT RIGHT OF WAY CONVEYED TO WESTERN DEVELOPh4ENT CO. WHEREAS, the City Planning Commission did hoid a public hearing at the C;vic Center in the City of Anaheim on December 21, 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 Anaheim Municipal Code, Chapter 18.03, 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 WHEREAS, said Cr~mmission, after due inspecti~n, (nvestig~tion and study made by itself and in its behalf, and after due consideration of all evidence and ~~ports offered at said hearing, does find and determine the following facts: 9. That the proposed use is properiy one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.61.050.450 to permit a couR-mandated traffic school fn the ML (Limited Industrial) Zone. 2. That the proposed use is properly one for which a conditional use permit is auihorized by the Zoning Code. 3. That the proposed use will not adversely affect the adjoining land uses and the growth and development oF the area in which it is prtiposed to be located. CR3406PK.DOC -1- PC96-20i 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 general welfare because this property is fully developed and has operated as a non- industrial training center in the past. 5. 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 area. 6. That granting of this conditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 7. That no one indicated their presence at the public hearing in opposition to this proposal; and tliat no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING; That the Anaheim City Planning Commission has reviewed the proposal to permit a court-mandated tra~c school in the ML (Limited Industrial) Zone on an irregul~rly-shaped 6.9-acre property located at the northeast corn~r of La Paima Avenue and Gilbert Street with frontages of 460 feet on the north side of La Palma Avenue and 795 feet on the east side of Gilbert Street (1136 North Gilbert Street); and does hereby approve the Negative Declaration upr,n finding that the declaration reFlects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments 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 Commissi~n does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to ths proposed use of the subject property in order to preserve the safetl~ and general welfare of the Citizens of the City of Anaheim: 1. That the property owner shall submit a letter to the Zoning Division requesting termination of Conditional Use Permit No. 3737 (to permit the expansion of an existing non-industrial training center in conjunction with a radio/televis(on broadcasting and audio/visual production studio including live studio audience participation and with waiver of minimum number of parking spac2s). 2. That lhe hours of operation shail be limited to the following, as stipulated to by the petitioner: Monday through Friday: 8:3G a,m. to 10:00 p.m. Saturday: 8:30 a.m. to 12:30 p.m. 3. That the maximum number of students permitted on the premises at any one time be limited to thirty (30), as siipulated to by the petitinner. 4. That the parking lot serving the premises shall be equipped with lighting of su~cient power to illuminate and make easily discernible the ~ppearance and conduct of all persons on or about the parking lot. 5. That prior to commencement of the activity authorized by this resolution, or prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition No. 1, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 6. That prior to cor~mencement of the activity herein approved or prior to final building and zoning inspections, whichever occurs first, Condilion Nos. 4 and 7, herein-mentioned, shall be complied with. -2- PC98-201 7. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit fVos. 1 and 2, and as conditioned herein. t3 That approval of this application constitutes approval of the proposed request only to the extent that it complies with lhe Anaheim Municipal Code and any other applicable City, State and Federal reguiations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirements. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resclution is expressly predicated upon applicanPs compliance with each and all of the conditions hereinabove set forth. Sh~uld any such condition, or any part thereof, be declared invalid or unenforceable by the final judc~ment of any c urt of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be-deemed II and void. THE FOREGOING RESOLUTIOryw~s~adopted~ t lanning Commission meeting of December2l, 1998. ( ~ ' ~~ _~ • ATI'EST: ~ S~~av SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Qsbelia Edmundson, Secretary of the Anaheim City Planning Gommission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on December 21, 1998, by the followin~ vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BpYDSTUN, BRISTOL, KOOS, NAPOLES, WILLIAMS NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: ESPI~IG IN WITNESS WHEREOF, I have hereunto set my hand this ~-1 day of , 1999. m sosa~.~~ .a.~.~ SECRETARY, ANAHEIM CITY PLANNING COMMIS510N -3- PC98-201