Resolution-PC 2007-92~ ~
' RESOLUTION NO. PC2007-92 '
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT RETITION FOR CONDITIONAL'USE PERMIT NO,: 2007-05231 BE GRANTED
(2323 WEST BROADWAY) :
WHEREAS, the Anaheim 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:
ALL'THAT CERTAIN CAND SITUATED IN SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10
WEST, W TME RANCHp LOS COYOTES, AS SHOWN ON:A MAP RECORDED W BOOK '
51 RAGE 10 OF`' MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
GALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON TME SOUTH LIEN OF THE NORTHWEST QUARTER OF
THE NORTMEAST, QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST,
S.B.B. & M. NORTH 88° 15" EAST 865.95 FEET FROM THE SOUTFdWEST CORNER OF
TME' NORTHWEST QUARTER OF SAID' NORTHEAST QUARTER AND , RUNNING
TMENC~ NORTM 0° 21' 00" WEST 666.49 FEET TO A POINT ON THE NORTH LINE OF
THE SOUTH MALF OF TME NORTHWEST QUARTER OF SAID'NORTHEAST QUARTER;
THENCE NORTM 88° 58' A7" WEST 230.60 FEET FROM THE NORTHEAST QUARTER;
THENCE SOUTH 0° 18' 10" EAST 666.50 FEET A POINT ON THE SOUTH LINE OF THE
NQRTHWEST QUARTER DF SAID NORTHEAST QUARTER WHICH SAID POINT IS
, SOUTH 88° 58' 15" WEST 1548.50 FEET FROM THE SOUTHEAST CORNER OF THE
NORTH HALF OF SAID NORTHEAST QUARTER; THENCE SOUTH 88° 58' 15" WEST
225:15 FEET TO THE POINT OF BEGINNING. ALL TMAT CERTAIN LAND SITUATEp 1N
; SECTION 18, TqWNSHIP 4 SOUTH RANGE 10 WEST, IN THE RANCHO LOS COYOTES,
AS 'SHOWN ON A MAP RECORDED IN BOOK 51 PAGES 10 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, , DESCRIBED AS FOLLOWS:
'BEGINNING AT A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF
THE'NORTHEAST OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 4
- SOUTH, RANGE 10 WEST, S.B.B 8~ M. NORTH 88° 58' 15" EAST 1091.10 FEET FROM
TME SOUTHWEST QUARTER OF SAID NORTHEAST QUARTER AND RUNNING
THENCE NORTH 0° 18' 10" WEST 666.50 FEET TO A POINT ON THE NORTH LINE OF
THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER;
THENCE NORTH 88° 58' 07° EAST 230.60 FEET TO THE NORTHEAST CORNER OF THE
SOUTH HALF OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER;
THENCE SOUTH 0° 08' 25" EAST 666.51 FEET TO THE SOUTHEAST CORNER OF THE
SOUTM HALF OF THE NORTHWEST QUARTER OF SAIp NORTHEAST QUARTER;
THENCE SOUTH 88° 58' 15" WEST 228.70 FEET TO THE POINT OF BEGINNING.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on August 6, 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 ~nd
and determine: the following facts:
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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 (Education Institutions - General) and 18.14.030.080
(Temporary Modular Units).
2. That modular units would be used in conjunction with a previouslyapproved private
educational institution only and wouid not adversely affect the adjoining land uses orthe growth and
development of the area since student enroliment woutd 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 two (2) modular buildings?since enrollment would not increase.
4. That the granting of this permit under the conditions imposed wil~ 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 subjecf petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning staff has
determined that the proposed projectfalls within the definition of Categorical Exemptions, Sections`15303
and 15311, Class 3 and 11 (New Construction and 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 Anaheim 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 '
heaith and safety of the Citizens of the City of Anaheim:
1. That within a period of one (1) year from the date of this resolution, the applicant shall obtain any
necessary building permits and shall obtain Building Division clearance for the modular units:
Prior to final buildina and zonina inspections the followin~ conditions shall be complied with:
2. That the modular units shall be removed within sixty (60) days of final occupancy of the gymnasium
and art complex.
3. That subject property shall be developed substantially in accordance with plans 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 through 3, and as conditioned herein.
General Conditions:
4. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of gra~ti within twenty-four
(24) hours from the time of discovery.
5. 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
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(iii) the'applicant has demonstrated significant progresstoward establishment of the use or approved ,
development.
6. That extensions for further time to complete conditions of approval may be granted in accordance with
Section 18.60.170 of the Anaheim MunicipaL
7. 7hat approval of this application constitutes approval of the proposed request only to the extent that it
compiies 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 anyother applicabie 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 applicanYs compliance with each and
all of the conditions hereinabove set forth. Shoutd 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, shaii be deemed null and void.
BE IT FURTHER RESOLVED that the appiicant is responsibie 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 permitsfor this project, whichever occurs first: Failure to pay all charges `
shall result in delays in the issuance of required permits orthe revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
August 6, 2007. 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
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CHAI MAN; NAHEIM PLA NG COMMISSION
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ATTEST:
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA ) '
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
i, Eleanor Morris, Senior Secretary 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 6, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE -
ABSENT: COMMISSIONERS: KARAKI
IN WITNESS WHEREOF, I have hereunto set my hand this -a;/J L day of
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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