Resolution-PC 2001-45• •
RESOLUTION NO. PC2001-45
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 3832,
INCLUDING DELETION OF THE TIME LIMITATION
WHEREAS, on April 15, 1996, the Planning Commission adopted Resolution No. PC96-37
to grant Conditional Use Permit No. 3832 and permit a temporary modular classroom building in
conjunction with relocation of an existing teachers' lounge at 1557 West Mable Street (Fairmont Private
School); and that Condition No. 1 of said resolution specifies that the use is approved for a period of 5
years to expire April 15, 2001; and
WHEREAS, this property is developed with a private school (K through 12th grade) in the
ML (Limited Industrial) zone; and that the Anaheim General Plan Land Use Element designates this
property for General Industrial land uses; and
WHEREAS, the petitioner has requested reinstatement of this use permit and deletion of
Condition No. 1 pertaining to the 5-year time limitation (which expired on April 15, 2001) to retain the
previously-approved modular classroom building; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic°Center in
the City of Anaheim on April 23, 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-Fiear and consider evidence for and agains~ said proposed ame~dment and to inves~igate 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 use proposed is properly one for which a conditional use permit is authorized by
the Zoning Code.
2. That the business has complied with the original conditions of approval, as documented by
the Code Enforcement and Zoning Divisions, and the property is being satisfactorily maintained; and that
without deleting the time limitation, the temporary modular classroom building would not be allowed on
this property.
3. That all physical aspects of the property remain the same as when this use permit was
originally approved; that the surrounding land uses in the immediate vicinity have not changed; and that
there have been no Code violations or complaints associated with this business operation and, therefore,
this use (a modular classroom building) has not adversely affected adjoining land uses or the growth and
development of the area.
4. That this use is being exercised in a manner which is not detrimental to the surrounding
areas or land uses, nor to the public peace, health, safety and general welfare.
5. That deletion of the time limitation is necessary to permit reasonable operation of the use
under the use permit as granted.
6. That the size and shape of the site for the use is adequate to allow full development of the
use in a manner not detrimental to the particular area nor to the peace, health, safety and general
welfare.
Tracking No. CUP2001-04342
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7. 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.
8. That reinstating this conditional use permit, under the conditions imposed including
requiring that the modular building be placed on a permanent foundation, will not be detrimental to the
peace, health, safety and general welfare of the citizens of the City of Anaheim.
9. 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: That the Anaheim City
Planning Commission has reviewed the proposal to reinstate this use permit and to delete the condition of
approval pertaining to a 5-year time limitation to retain the previously-approved modular classroom
building at 1557 West Mable Street (Fairmont Private School); and does hereby find that the Negative
Declaration previously approved in connection with Conditional Use Permit No. 3832 is adequate to serve
as the required environmental documentation in connection with this request upon finding that the
declaration reflects the independent judgment of the lead agency and 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 will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby reinstate Conditional Use Permit No. 3832 to retain the previously-approved modular classroom
building and to delete Condition No. 1 of Resolution No. PC96-37;
AND BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in
their entirety, the conditions of approval of Resolution No. PC96-37, adopted in connection with
Conditional Use Permit No. 3832, to read as follows:
1. 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 Nos. 1 and 2, and as conditioned herein.
2. That the classrooms replaced by the modular classroom building shall be used only for a"front
office" and/or a teacher's lounge.
3. That prior to June 1, 2002, plans shall be submitted to the Building Division to place the modular
classroom building on a permanent foundation; and that the appropriate permits shall be obtained.
4. 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 include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
THE FOREGOING RESOLUTION was adopted at the Pl,aryning,Com~ission meeting of
April 23, 2001. ~ ~ /~ ~ )
CHAIRPERSON,
ATTEST:
~ ~~---i
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
ION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Osbelia Edmundson, 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 April 23, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
~~, 2001.
m ~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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