Loading...
PC 81-142RESOLUTION NO. PC81 -142 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2228 BE GPAN!TED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from EDWIN J. TYREMAN AND DOROTHY E. TYREMAN, 610 North Eckhoff, Orange, California °2668, owners, and JOANNE KINGSLAND, 1035 West La Palma Avenue, Anaheim, California 92801, agent, of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1: That portion of Lot 30 of Anaheim Extension, as shown on a Map of Survey made by William Hamel and filed in the Office of the County Recorder of Los Angeles County, California, copy of which is shown in Book 3, Page 163 and following, entitled "Los Angeles County Maps" in the Office of the County Recorder of said Orange County, described as follows: Beginning at the Northwest corner of said Lot 39; thence Southerly along the Westerly line thereof 235.00 feet; thence Easterly, measured at right angles to said Westerly line 257.02 feet thence northerly along a line parallel with the Westerly line of said Lot 3° to a point in the Northerly line of said Lot 3 °, said point being distant 2( feet Easterly from the Northwest corner of said Lot; thence Westerly along said Northerly line 26x.0^ feet to the point of beginning. Except that portion thereof lying Westerly of the following described line: Beginning at a point on the South line of said Westerly 115.21 feet from the Southeast corner thereof; thence Northerly in a direct line which passes through a point on a line parallel with and 53.00 feet Southerly from the North line of said Lot 3° and 82.50 feet Westerly from the East line of said land, to the North line of said Lot 3 °. Also except the North 50.00 feet thereof: and PARCEL 2: That portion of Lot 39 of Anaheim Extension, as shown on a Map of Survey made by William Hamel and filed in the Office of the County Recorder of Los Angeles County, a copy of which is shown in Book 3, Pages 1(3 and following, entitled "Los Angeles County Maps ", in the office of the County Recorder of said Orange County, described as follows: Beginning at a point on the Westerly line of said Lot Southerly 235.00 feet from the Northwesterly corner thereof; thence at right angles Easterly 282.02 feet to the true point of beginning; thence Northerly parallel with the said Westerly line to the Northerly line of said lot; thence Easterly 178.00 feet along said Northerly line; thence parallel with said Westerly line Southerly 100.00 feet more or less to the Easterly prolongation of said line having a radius of 282.02 feet; thence Westerly along said prolongation to the true point of heginning. Except the North 50.00 feet thereof. Also except that portion thereof included within the land described in the deed to the Orange County Flood Control District, recorded January 12, 1060, in Book 5050, Page 51 of Official Records; and That portion of Lot 30 of Anaheim Extension, in the City of Anaheim, County of Orange, State of California, as shown on a map of survey made hy William Hamel and filed in the office of the County Recorder of Los Angeles County, a copy of which is shown in Book 3, pages 163, et seq., entitled "Los Angeles County Maps," in the office of the County Recorder of said Orange County, described as follows: Beginning at a point on the Westerly line of said Lot 39 distant S 15 ° 20' 10" E, 235,00 feet from the northwesterly corner of said lot, said northwesterly corner being the centerline intersection of La Palma Avenue and West Street, as shown on a map of survey recorded in Book 3F,, page 4, Record of Surveys, records of Orange County; thence N 7 ° 30' 50" E, 257.02 feet to the true point of beginning; thence N 15 ° 20' 10" E, 166.14 feet to an intersection with the centerline of said La Palma Avenue; thence W 89 0 . 30' 45" E, 25.88 feet along a portion of said centerline to an intersection with the westerly line of the land described in the deed recorded in Book 3013, page 415, records of Orange County, California; thence S 15 ° 20' 10" E, 159.4 feet along said westerly line to the southwesterly corner thereof of the land described in said deed; thence Westerly in a direct line 25,00 feet to the true point of beginning. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 1, 1081, at 1 :30 p.m., notice of said public hearing having been duly given as required hy 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 18.44,050,2.70 to wit: To permit a private junior and senior high school for a maximum of 15n students in the CL (Commercial, Limited) Zone. 2. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located, 3. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare of the Citizens of the City of Anaheim, 4, That the granting of the Conditional Use Permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim, 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. 6. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit a private junior and senior high school in the CL (Commercial, Limited) Zone on an irregularly- shaped parcel of land consisting of approximately 0.65 acres, having a frontage of approximately 245 feet on the south side of La Palma Avenue, and being located approximately 210 feet east of the centerline of West Street (1006 West La Palma Avenue);and does hereby approve the Negative Declaration from the requirement to prepare an environmental impact report on the basis that there would be no significant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the suhject property for commercial professional land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declaration substantiating the foregoing findings is on file in the City of Anaheim Planning Department. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant suhject 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 the owner(s) of subject property shall submit a letter requesting the termination of Variance No. 895 to the Planning Department, 2. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. 3. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2. That a plan shall be submitted to and approved by the City Traffic Engineer showing fenced areas for the proposed school zone and providing for pedestrian safety, access and protection devices. 5. That Condition Nos, 1 and 4, ahove- mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission may grant. - PC81 -142 1981. ATTEST: 6. That Condition Nos. 2 and 3, above- mentioned, shall be complied with prior to final building and zoning inspections, BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that the adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any 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 is signed and approved by me this 15th day of June, SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) CHAIRMAN PR0 TEMPORE ANAHEIM CITY PLANNING COMMISSION I, Edith L. Harris, 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 June 15, 1981, at 1:30 p.m,, by the following vote of the members thereof: AYES: COMMISSIONERS: BARNES, BOUAS, BUSHORE, FRY, HERBST, KIND NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLAR IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of June, 1981, SECRETARY, ANAHEIM CITY PLANNING COMMISSION