Resolution-PC 99-49RESOLUTION NO. PC99-49
A RESOLUTION OF THE ANAHEIM CITY PLANPIING COMMISSION
AMENDING CERTAIN CONDITIONS OF APPRO~,'AL OF
RESOLUTION NO. PC98-93 ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMI i NO. 4014
WHEREAS, on June 8, 1998, Resolution No. PC9S-93 was adopted by the Anaheim City
Planning Commission to grant Conditional Use Permit No. 401! and permit a private elementary school
(kindergarten through 2nd grade) with a maximum of fifty (50) students and a day care faciliry in an
existing church facility at 1275 East Broadway; and
WHEREAS, said Resolution No. PC98-93 includes the following condition of approval:
That the petitioner shall submit either of the following to the Zoning Division of the Planning
Department for review and approvai by the Planning Commission as a"Repo~ts and
Recommendations" item:
(a) A written agreement with the Anaheim City School District granting permission to utilize
the playground at Lincoln Elementary School~and specifying the time(s), location and
any pertinent restrictions imposed for use of the playground by this private schooi: or
(b) Plans for an adequately enclosed playground on a portion of the soufhwest corner of
this property to ensure a safe playground area for the school children. Said plans shall
include materials used for enclosing the playground and any playground equipment,
shade coverings, etc. The playground shail be developed and maintained in
accordance with the approved plans.
WHEREAS, the property is developed with the Southern Baptist Church and City Harvest
Christian Academy in the RS 7200 (Residential, Single Family) and RM-2400 (Residential, Multiple)
Zones; and that the Anaheim General Plan land use designation is Medium Density Residential; and
WHEREAS, the petitioner has requested an amendment to permit kinder~arten through
12th grade (instead of kindergarlen through second grade) classes in the existing private school; and
WHEREAS, the City Planning Coinmission did hold a public hearing at the Civic Center in
the City of Anaheim on March 15, 1999, 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 amendment and to investigate and make
findinc~s and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study 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. 7hat the petitioner requests amendment to this conditional use permit under authority of
Code Sections 18.26.050.020, 18.26.050.040, 18.32.050.020 and 18.32.OS0.040 to permit kindergarten
through 12th grade classes in an existing private school within a church facility.
2. That the proposal, as amended, will not adversely affect the adjoining land uses and the
growth and development of the area in which it is located.
3. That the size and shape of the site for the proposal is adequate to allow full development
of the use in a manner not detrimenlal to the particular area nor to the peace, health, safety and general
welfare.
CR3579MS.DOC -1- p~gg~g
4. That the traffic generated by the use will not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area.
5. That granting this amendment, under the conditions imposed, will not be detrimental to
the peace, health, safety and general welfare of the citizens of khe City of Anaheim.
6. That no one indicated their presence at the pubiic hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY Af"f FINDING: That the Anaheim City
Planning Commission has reviewed the proposai to permit kindergarten through 12th grade classes in an
existing private school within a church facility on property consisting of 2.5 ~cres located at the northeast
corner of Broadway and Fahrion Place, having a fron;ages of ;82 feet on the north side of Broadway and
510 feet on the east side of Fahrion Piace, and further described as 1275 East Broadway (Southern
Baptist Church and City Harvest Christian Academy); and does h2reby find that the Negative Deciaration
previously approved in connectien with Conditional Use Permit No. 4014 is adequate to serve as the
required environmental documentation in connection with this request upon fir.ding that the declaration
reflects the independent judgment of the lead agency aiid that it has considered the previously approved
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 wiil have a signifcant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby modify Conditional Use Permit No. 4014 to permit kindergarten through 12th grade classes with a
maximum of fifty (50) students and amends Condition No. 3 of Resolution No. PC98-93 to read as follows:
That the petitioner shall submit one of the following to the Zoning Division prior to
commencement of the 1999 Fall school semester:
(a) A written agreement with the Anaheim City School District granting permission to utilize
the playground at Lincoln Elementary School for the 19g9-2000 school year and any
subsequent years. Said agreement shall specify the times, location and any pertinent
restrictions imposed upon tlie private school; or
(b) The petitioner shall adequately enclose a portion of the southwe~t corner of the
property to ensure a safe playground area for thE school children. Plans for the
playground area, includinc~ materials used for enclosing the playground area and any
playground equipment, shade coverings, etc., shall be submitted to the Zoning Division
of the Planning Department for review and approval of the Planning Commission as a
"Reports and Recommendations" item. 'Jnce approved, the playground area shall be
developed and maintained in accordance with the I ns.
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THE FOREGOING RESOLUTION_w s dopted at~j~" Planning Commission meeting of
March 15, 1999. ~ /
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CHAIRPERSON, AN/kFIEIM CITY PLANNING COMMISSION
AITEST:
a.yt+`v~
SECRETA Y, AN EIM CITY PLANNING COMMISSION
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S7ATE OF CALIFORNIA )
COUNT.~ OF ORANGE ) ss.
CITY OF ANAHEIPA )
I, Margarita Solorio, 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 March 15, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: WILLIAMS
/l __tQ JIN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
(./~-~'1K , 1999.
SECRETARY, AN'AHEIM CITY PLANNING COMMISSION
l.J
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