Resolution-PC 2010-088RESOLUTION NO. PC2010 -088
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 11 CATEGORICAL EXEMPTION IS THE
APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 728
(TRACKING NO. CUP728A, DEV2010- 00139)
(215 NORTH HARBOR BOULEVARD)
WHEREAS, on July 19, 1965, the Anaheim City Planning Commission
(hereinafter referred to as "Planning Commission "), by its Resolution No. 1705, did approve
Conditional Use Permit No. 728 to expand an existing educational facility for that certain real
property located at 215 North Harbor Boulevard in the City of Anaheim, County of Orange,
State of California, as more particularly shown on Exhibit "A ", attached hereto and incorporated
herein by this reference; and
WHEREAS, on March 21, 2005, the Planning Commission, by its Resolution No.
2005 -40, did approve Variance No. 2005 -04647 to construct a replacement sign for a private
school for that certain real property located at 215 North Harbor Boulevard in the City of
Anaheim, County of Orange, State of California, as more particularly shown on Exhibit "A ",
attached hereto and incorporated herein by this reference; and
WHEREAS, the Planning Commission did receive a verified Petition for an
amendment to Conditional Use Permit No. 728, designated as Conditional Use Permit 728A, to
amend said conditional use permit to modify the existing sign and construct an electronic
readerboard sign; and
WHEREAS, this property is developed with a private school located in the RM -4
(Multiple- Family, Residential) Zone and the Anaheim General Plan designates the property for
School land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on September 27, 2010, at 5:00 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 18.60, to hear and consider evidence for and against said proposed
amendment to Conditional Use Permit No. 728 and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, said Planning 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 with respect to the request for a conditional use permit, does find and
determine the following facts:
1. The applicant's proposal to construct an electronic readerboard sign in the RM -4
(Multiple - Family, Residential]) Zone is properly one for which a conditional use permit is
authorized under Code Section 18.44.050.010.0101.05 of the Anaheim Municipal Code.
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2. The existing private school has demonstrated compatibility with the surrounding
area and the addition of an electronic readerboard will not adversely affect the adjoining land
uses or the growth and development of the area in which it is currently located.
3. The size and shape of the site for the use is adequate to allow the full development
of the proposed private school with an electronic readerboard sign in a manner not detrimental to
the particular area or to the health and safety.
4. The traffic generated by the request will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because the number
of vehicles entering and exiting the site is consistent with existing private school.
5. The granting of the conditional use permit will not be detrimental to the health
and safety of the citizens of the City of Anaheim. The private school has operated in this
location since 1925 and has proven to be compatible to the area.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Class 11 (Accessory Structures) as defined in the State CEQA Guidelines, and is
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW THEREFORE BE IT RESOLVED that the Planning Commission, for the
reasons hereinabove stated does hereby approve the amendment to Conditional Use Permit No.
728, designated as Conditional Use Permit No. 728A.
BE IT FURTHER RESOLVED that the Planning Commission does hereby
amend, in their entirety, the conditions of approval adopted in connection with Planning
Commission Resolution No. PC91 -63, approving Conditional Use Permit No. 3410, to read as
stated in Exhibit "B" attached hereto and incorporated by this reference which are hereby found
to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further
time to complete conditions of approval may be granted in accordance with Section 18.60.170 of
the Anaheim Municipal Code.
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 condition, 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.
BE IT FURTHER RESOLVED, that this conditional use permit is approved
without limitations on the duration of the use.
BE IT FURTHER RESOLVED that approval of this application constitutes
approval of the proposed request only to the extent that it complies with the Anaheim Municipal
Zoning Code and any other applicable City, State and Federal regulations. Approval does not
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include any action or findings as to compliance or approval of the request regarding any other
applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that, except as expressly amended herein, the
provisions of Resolution No. 1705, approving Conditional Use Permit No. 728, shall remain if
full force and effect.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice. Failure to pay all charges shall result in delays in the issuance of
required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was a. ed at the Planning Commission
meeting of September 27, 2010.
ATTEST:
SENIOR S RETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
CHAIRMAN RO-TEMPORE
ANAHEIM CITY PLANNING COMMISSION
1, Grace Medina, Senior 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 September 27, 2010, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, KARAKI, PERSAUD, RAMIREZ,
SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FAESSEL
IN WITNESS WHEREOF, I have hereunto set my hand this 27 day of September,
2010.
SENIOR SE TARY, ANAHEIM CITY PLANNING COMMISSION
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APN: 255 - 052 -01
Arih 0 50 190
Feet
EXHIBIT "..A."
DE'2010 -00139
4
0
0
Source Recorded Tract Maps and/or City GIS.
Please note the accuracy is +f- two to five feet.
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PC2010 -088
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 728A
(DEV2010- 00139)
NO. CONDITIONS OF APPROVAL
GENERAL
1 The property shall be developed substantially in accordance with plans Planning
and specifications submitted to the City of Anaheim by the applicant and
which plans are on file with the Planning Department marked Exhibit
Nos. 1 and 2 (Sign Plans), and as conditioned herein.
REVIEW SIGNED
BY OFF BY
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