Resolution-PC 2001-177L_J
RESOLUTION NO. PC2001-177
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04477 BE GRANTED
FOR FIVE YEARS TO EXPIRE DECEMBER 17, 2006
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:
THE WESTERLY 170.00 FEET OF THE SOUTHERLY 195.00 FEET OF THE
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 4 SOUTH, RANGE 1a
WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED tN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
SAID LAND IS A PORTION OF LOT 7 OF THE HELEN 7 LYNCH SUBDIVISION
AS PER MAP RECORDED IN BOOK 442 PAGE 16=58 OF DEEDS, IN THE
OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY,
CALIFORNIA
SAfD LAND tS tNCLUDED WIT-HIN THE ~4REA SHOWN ON A MAP ~ILED FOR
RECORD IN BOOK 11 PAGE 48 OF PARCEL MAPS IN THE OFFICE 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 Anaheim on December 17, 2001 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 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. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.03.030.010 to permit a temporary modular office trailer in connection
with a previously-approved bus storage yard for a private school.
2. That the proposed use is one that is not listed by the Zoning Code as being a conditionally
permitted use in the ML (Limited Industrial) zone.
3. That the proposed use will not adversely affect the adjoining land uses and the gro!vvth and
development of the area in which it is proposed to be located; and that the proposed 320 sq.ft. temporary
modular unit (which will be used in conjunction with the previously-approved bus storage facility for tF~e
Fairmont Private School) will maintain a 15-foot structural setback (which includes 10 feet of landscaping)
along Broadway consistent with the previously-approved waiver granted in connection with Conditional
Use Permit No. 2994.
4. T'hat the size and shape of the site for the proposed use is adequate to allow fuCl
development of the proposal in a manner not detrimental to the particular area nor to the peace„ health,
safety and general welfare.
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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; and that there will be no
traffic or parking impacts because the proposed modular unit will replace an existing covered outdoor
storage 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 the size and shape of the property is adequate to allow full development of the modular
unit with no detrimental impacts to the surrounding area.
8. That no one indicated their presence at the public hearing in opposition to the proposal; and
that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 3, as defined in the State of California Environmental {mpact Report
("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
1. That th~ subJect use ~ermit shalf expire in ~ive (5) yeaFS frorn the date of this resol~tion on Decemb~r
17, 2006.
2. That thp ~va!!-mounted c~nden~er uni# shall not be visible to the adjacent public rights-of-way. Said
information shall be specifically shown on the plans submitted for building permits.
3. That the petitioner shall obtain all necessary permits from the Building Division for the modular unit.
4. That the existing chainlink gate adjacent to Broadway shall be interwoven with new PVC slats. Said
information shall be specifically shown on the plans sub~rnitted for building permits. The slats shall
be maintained in a like-new condition.
5. That plans submitted for building permits shall show six (6), twenty four inch (24") box sized, trees to
be planted in front of the modular unit to screen the structure from adjacent public streets.
6. That the existing vehicular access gate on Broadway shall remain closed at all times, other than to
allow for the immediate entry or exit of a vehicle.
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 are on file with the Planning
Department marked Exhibit Nos. 1 and 2, and as conditioned herein.
8. That prior to issuance of a permit for the modular unit or within a period of one (1) year from the date
of this resolution, whichever occurs ~rst, Condition Nos. 2, 4 and 5, above mentioned, shall be
complied with. Extensions for further time to complete said condition may be granted in accordance
with Section 18.03.090 of the Anaheim Municipal Code.
9. That prior to final building and zoning inspections, Condition No. 7, above-mentioned, shall be
complied with.
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10. That approval of this application constitutes approval of the proposed request oniy to the extent that
it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not 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 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 17, 2001.
CHAIRPERSON PRO TEMPORE,
ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
~lTY QF ANAHEIM 1
I, Eleanor Fernandes, 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 December 17, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, SOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ARNOLD
IN WITNESS WHEREOF, I have hereunto set my hand this o2 ~ s~ day of
~eCe+~~e~ , 2001.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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