Resolution-PC 2007-101• •
. RESOLUTION NO. PC2007-101
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN
CONDITIONS OF APPROVAL IN CONDITIONAL' USE PERMIT N0. 2006-05104
AND AMENDING RESOWTION NO. PC2006-60
TRACKING NO. CUP2007-05235
(1952 West La Palma Avenue)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
UsePermit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
THE WEST HALF OF?HE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 8,: TOWNSHIP 4 SOUTH,, RANGE 10 WEST, S.B.B. AND M., EXCEPT THE
SOUTH 263 FEET THEREOF.
WHEREAS, on June 26, 2006, #he Anaheim City Planning Commission by Resolution No:'
PC2006-60, granted Conditional Use Permit No. 2006-05104 to permit two (2) modular buildings for the use
of classrooms at an existing private high school; and
WHEREAS, this property is currently developed with a high school and is zoned T
(Transition); and the Anaheim Generai Plan designates this propertyfor School uses; and
WHEREAS, the applicant has requested to amend the previously approved Conditional Use
Permit No. 2006-05104 to amend an existing conditional use permit to permit an additional modular unit
pursuant to 18.60:190.030 of the Anaheim Municipal Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on August 20, 2007, at 2:30 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 18.60, 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 Sections 18.14.030.040.0402 (Educational Institutions-General) and 18.14.030.080
(Temporary Modular Units).
2. That modular units would be used in conjunction with a previously approved private
educational institution only and would not adversely affect the adjoining land uses or the growth and
development of the area since student enrollment would not be increased, and there is no significant change
in the operation of the existing schooL
3. That there will be no added traffic or parking impacts that would occur due to the addition of
the modular building for a total of two (2) additional classrooms since enrollment would not increase.
4. That the granting of this permit under the conditions imposed will not be detrimental to the
health and safety of the citizens of the City of Anaheim since there will be no significant change in the
existing land use and operation on the site.
5._ That no one indicated their presence at said public hearing in opposition, and that no
correspondence was received in opposition to the subject petition.
Cr\PC2007-101 -1- PC2007-101
• •
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Planning staff has determined
that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 3(New
Construction or Conversion of Smali 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 Anaheim Planning Commission does '
hereby grant subject Petition for Conditionaf 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 weifare of the Citizens of the City of Anaheim:
Prior to issuance of a buildina permit or ,within a period of one(11 vear from the date of this
resolution, whichever occurs first t he followin~t conditions shall be complied with:
1. That a maximum of two (2) modular units or 3,840 square feet shall be permitted. Said information
shall be indicated on plans submitted for building permits:
2. That the applicant shall obtain any necessatybuilding permits and shall obtain Building Division '
clearance for the modular units.
Prior to final buildin~ and zonina inspections the followins~ conditions shall be complied with:
3. 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.
General Conditions
4. That timing for compliance with conditions of approval may be amended by the Planning Director
upon a showing of good cause provided (i) equivalent timing is established that satisfies the original
intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal
Code and (iii) the applicant has demonstrated significant progress toward establishment of the use
or approved development. '
5. That extensions for further time to complete conditions of approval may be granted in accordance
with Section 18.60.170 of the Anaheim Municipal Code.
6. 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.
BE IT FURTHER RESOLVED that the Anaheim 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 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 or
prior to the issuance of building permits for this project, whichever occurs first. 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 adopted at the Pianning Commission meeting of,
August 20, 200?. Said resolution' is subject to the appeal provisions set forth in Chapter 18.60, "Zoning _,
Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeaL
~
CHAIRMAN PR EMPOR HE P NI COMMISSION
ATTEST: ,
,
SENIOR SECRETARY, ANAHEIM'PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM ' )
I, Eleanor Morris, Senior 3ecretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on August 20, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, EASTMAN, FAESSEL, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BUFFA
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2007.
~
i`~ ~~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION