PC 85-04RESOLU'PION N0. PC85-04
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT Pi,TITION FOR CONDITIONAL USE PERMIT N0. 2641 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a
vecified Petition for Conditional Use Permit £rom AUAHEIM SCHOOL DISTRICT
OF ORANGE COUNTY, ATTN: JAMES BRIER, 412 East Broadway, Anaheim,
Califo[nia 92805, owner, and tdELODYLAND SCHOOLS AND COLLEGES, ATTN: RAy
MC MURTRY, 2000 West Ball Road, Californ.ia 92804, agent for certain real
property situated in the City of Anaheim, County of Orang=, State of
California, described as:
PARCEL 1
LOT 7 OF THE P:ELLOGG HOMESTEAD TRACT, AS SH047N ON A MAP
RECORDED IN BOOK 8, pAGE 51 OF MIuCELLANEOUS P1APS~ RECORPS OF
ORANGE COUNTY~ CALIFORD!IA.
WEiEREAS, the Cit}• Planning Commission did hold a public hearing at
the Civic Center in the Ci..y of Anaheim on December. 10, 1984, at 1:30 p.n„
notice of said public hear_ig having been duly given as requir.ed by ).aw and in
accordance with the pcovi::.ons of the Anaheim t4unicipal Code, Chapter 18.03,
to hear and consider evidt.~ce for and agai.nst said ~roposed conditi.onal use
permit and to investigate z~nd make findings and recommendations in connection
therewith; said public hearing having been ~ontiniied to the Planning
Commission meeting vf January 7, 1985; and '
WHEREAS, said Commission, after due in~p=ction, 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 farts:
1. That the proposed use is properly one for which a conditional
use permit is authorized by Anaheim Municipal Code Section 18,21.050.270 to
1,:t: to retafa W priraCe educacional institution .in an exi~t?ng public school
facility with waiver of the folluwing:
SECTIONS_ 18.06.080 - Min_imum number of oarkin4 spaces.
18.06.050.0263 (228 spaces required; 159 spaces existing)
AND 1B.21.066.010
z. That the requested parking ,~aiver is hereby grartted on the
Uasie that the parking variance will not cause an increase in traffic
congestion in the immediate vicinity nor adveisely affect any adjoining land
uses; and that the grantiny of the parking variance under the conditions
imposed, if any, will not be detrimental to the peace, health, safety or
general welfare of the citizens of the City of Anaheim; and further on the
basis that the petitioner stipulate~ at the public hearing to record a
covenant agreeing that if it is determined by the City Traffic Engineer at
some future time that the proposed numbec of parking spaces is inadequate for
this use, six*_y-nine (69) additional parking spaces (for a total of 228
spaces) shall be provided on site in conformance with Code require~qents.
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3• That the proposed use is hereby granted for a per.iod of
approximately fivt: (5) y~aar; or coterminus with the existing 5-year lee,se.
4• That the propos•ad us~_, as gsauted, will not adversely affect
the ,adjoining land uses and thc growt.h and da~velopment of the area in which it
i= p;:.~posed Co be ' c~c~rr.~,
granted, is. ad quatet L~c allowa hes ful l devElo;~ment op~Pheed for khe nse, as
r~anner not ~ietrimental ho the parkicular are~. m~r to the Leace~POSed Use in a
and general w~l°ari of the Citizens oE the C~c . health, safety
Y of Anaheim.
~• Tha*- the grantin3 of the Conditional Use Pe-mit under the
condit.ions imposed, ±f. any, will not be detrimental to the peace, health
safe~_y and general welfare of thE Citizens of the City of Anahein.,
~• Tiiat the traffic '
generated by the nroposed use wil]. not impose
ar, undue burden ~.~~n the streets and highways designed and imnrove!? co carry
the traffic in the area.
8• 'Phat no ~ne indicated their presence at said public t~earing ir,
oPposition; and that no correspondence was received in opposition to the
subject ,petition.
ENVIRO:JMENTAL It9PPCT FINllING: That the Anaheim City Plan~ing
Comn~ission ha:; reviewed the
institution i.n an existin P~oposal to retain a private ediicational
nuniber of 9?U~lic school facility with waiver of the minimum
l=arkir.g ~paces on a rectan ularl_ shaped par~el of land consisting
of approxi;nate;y 7,g acres having a frontage of appruximately 946 feet on the
south sirJe of B4~1 Road, and further described as 2000 West Hall Road
(FOrmerly Key Eleme~,tary school); and does hereby approve the piegative
Declaration upon findiny thet it has considered the Negative Declaration
together with any comments ceceived dur.ing toe publio review process and
further. finding on the basis oi_ the i;~itial study and any comments received
that there is no substantial evidence L-hat r.he project will have a significant
effect on the environment.
N~W~ THEREFORE, BE IT RFSCLVED ti~at the Anaheim City Planning
Commission does hereby grant subject Petition far Conditio~ial U~e Permit, u on
the following conditions which are hereby found to be a necessar
to the p
proposed use of the subject property i^ order t~ y Prerequisite
and general welfare of the Citi2e~s of the City of Anaheim:Preserve the safet:y
1. That the owner of subjeci_ property shall pay to the City of Anaheim
a.fee for. tree planting purposes along Ball Road in an amount as
determined by the City Council. ,
3• That yates shall not F,e insL-alled across the driveway in a manner
which ma~~ adversely affect vehicular trafFic in the adjacent public
sl•reets, Installation of ar.y gates within a distance of forty (40)
feet from said public street righEs-of-way sha11 be subject to the
review and approval of the City Traffic Engineer.
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3. That the westerly driveway shall be redesigned to accommodate ter,
(10) foot radius curb returns as required by the City TraEfic
Engineer.
4. That trash storage areas shall be provided 3nd r~iaintained :in
accordance with appruved p.lans on file with the Street t9aintenance
and Sanitation Division.
5. That as recommended by the City Traffic Engineer, two (2) of the
five (5) existin9 tree wells located in the northerly parking lot
shall be removed to facilitate vehicular circulation.
6• That the owner of subject property shall submit a letter requesting
termination of Conditional Use Permit No. 2376 to the Ple~nning
Department.
7. That subject property shall be develeped substancially in accprdance
with plans and specifications oa file with the City of. Anaheim
marked Exhibit Nos. 1 and 2.
' b. That in the event the City Traffic Enginee: determines that a
~' Parking deficiency is occurriny in conneccion with the subjcct uce,
additional on-site par.king not to exceed 69 spaces shall be
provided; and that a covenant shaZl be recorded in ~ form approved
by the City Attorney's Office obligating the petitioner and any
future assignees to provide such parking if a deEiciency is found to
?xist.
9. That Condition Nos. 1, 3, 4, 5, 6, 7, and 8, above-mentioned, shall
be completed r~ithin a peciod of n~nety (90) da~~s from the date of
this resolution. -
'! BE IT r^URTHER RESOLVED that th~ nnaheim City Planning Commission
does hereby find and determine that adoption ~F 1:his Resolution is expressly
predicated upon applicant's compliance with each and all of the cenditions
he-einabove set forth. Shouid any such conditions, or any part thereof, be
declared invalid or unenForceable by the .final judgment of any court of
'~ cc,mpetent jurisdiction, then this Resolution, afid any approvals herein
+.; contained, shall be deemed null and void.
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THE FOREGUTHG RESUI~OTION is signed a~d approved b;~ mn this 7th day
of January, 1985.
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'~~LtiASRMAN~ ANAHETM~~ITY PLANNZNG COMMISSION
ATTEST:
~~ .L ~ ~~l~C.~i •
SECI2ETARY~ ANAHEIbI CITY PLANNING CO[4MISSION
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S°_..iE UF CALIFORNIA )
COUNTY UP ORANGL•' ) SS,
CITY OF ANAHEIM )
j. Edith L. Harris, Secrel:ary of t:~e Anaheim Ci~y planning
Comr~ission, do hereby certify that the foregoing resolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on January
7, 1485, by the following vote of the members theceof:
AYES: COt9MISSIOf~ERS: BOUAS,
BUSHCRE, FRY, HERBST, KING~ LA CLAIRE~
NOES: COMMISSIONERS: NONEURNEY
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of
January, 1985,
~o,~~_~`-f l"~i~~~~~ ~
SECR~TARY~ ANAHEIPf CITY PLANNING COMbIISSZON
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