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PC 85-47RESOLUTION N0. PC95-47 A RESOLUTION OF :HG ANAHEZM CITY PLANNIhG COMMISSION THAT PETITIOf] FOR CONDITIvNAL USE PERMIT N0. 2643 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Ose Pertnit from L~7,ARE F. BERNHARD, 1800 Avenue of the Stars, Suite 500, Los Angeles, California 90067 and KENNETH W. HOLT AND HELEN I~. HOLT, c/o HOLT FAMILY TRUST, 1557 West Mable Street, Anaheim, Califucnia 92802, owners, and DAVID JACKSON, 1557 T9est Mable Street, Anaheim, Calitornia 91E02, agent for cectain real property situated in the City of Anaheim, Counly uL- urange, State of ~~alifornia, described as: PARCEL 1: THE NORTHERLY 15~ PGET OF THE SUUTHERLY 350.OD FEET OF THE SOUTHW~ST QUARTER OF TfiE NORTHEAST QUARTER UF THE NORTHWEST QUARiER OP SECTION ]6, IN TOWNSHIP 4 SOUTH, RANGE .10 WEST, IN THE RA14CH0 SAN JUAN CAJON DE SANTA ANA,ZN THE CITY OF ANAFIEIM, AS SFtOWN ON R N,AP THEREOF REl ~RDED IN II00[C 51, PAGE 10, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COONTY. SAID LAND IS A PORTIUN OF LOT 7 OI' THE HBLEN & I~YNCH SUBDIVISION~ AS SHOWN ON A MAP THEREGF RECORDED IN BOCY, 442, PAGE 158~ DEEDS RECORDS OE LOS ANGELES COUNTY, CALIFORNIA. PARCEL 2: THE WESTERLY 170.00 FE£T OF THE SOUTHERLY 195.00 FEET OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 4 SOUTH, RANGE 10 WEST~ IN THE RANCHO SAN JUAN CAJON DE SANiA ANA, IN THR CITY OF ANAHEIM~ COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFIC6 OP THE COUNTY RECORDER OF SAID COUNTY. SAID LAND IS A PORTION OF LOT 7 OF THE HELEN & LYNCH SUBDIVZSTON n5 PF.R MAn DErn?DED ZP] HOOF: 422 PT.G~ 258 p?' llCEDS, IN THE OE'FICE OF' THE COUNTY RECORDER OF LOS ANGELES COUNTY~ CALIFORNIA. SAID LRND IS INCLUDED WITHIN THE AREA =HOWN ON X~ MAP FILED FOR RECORD IN BOOK 11 PAGE 48 OE' PARCGL M:~PS IN THE OFFICE OF THE COUNTY RECOP.DER OF SAID COUNTI. PARCEL 3: THAT PURTION OF LOT 8 OF HELEN AND LYNCH'S SUBDIVISION OF THE NEST HALF OF SECTION 16~ TOWNSHIP 4 SOUTH~ RANGE 10 WFST~ IN THE RANCHO SAN JUAN CAJON DE SANTA ANA~ CITY OF ANAHEIM~ COUNTY OF ORANGE, STATE OF CALII'OBNIA~ AS FER MAP RECORDGD IN BUOF 442~ PAGE 158 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES CO[JNTY~ DBSCRIBED AS EOLLOWS: ~0445r PC85-47 BEGINNID~G AT THE INTERSECTION OF THE SOUTH LINE r"r' MABLE STREET~ 60.00 FEET IN 4iIDTH~ WITH THE WEST LINE OF SAIU LOT 8; THENCE SOUTH ALONG SAID WEST LINE 100 EEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF MABLE STREET, 1d0 FEET; THENCF. NORTH PARALLEL WITH THE WEST LINE OF SAID LOT~ 100 FEET TO THE SOU'EH ?~INE OF MABLE STRF,ET; THENCE WEST ALONG SAID SOUTH LINE 160 FEET TO THE POINT OF BEGINNING. A TRIANGULF.R PIECE OF LAND IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUP.RTER OF THE NORTHWEST QUARTER OF SECTION SIXTEEN~ TOWNSHIP COUR SOUTH RANGE 10 WEST SAN BERNARDINO BASE MERIDIAN~ BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH EOUNDARY OF NABLE STREET WZTH THE SOUTHERN PACIFIC RAZLROAD LAPIDS~ SAID POINT OF INTERSECTION BEARING 380 FEET NO~TH OF THE SOOTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION SIXTEtN~ AND RUNNING THENCE ALONG THE NORTH HOUNDARY OF SAID STREE~ WESTERLY TO THE WEST BOUNDARY OF THE ABOVE LAST NAMED SUBDZVISION OF SECTION SIXTEEN; THENCE NORTHERLY ALONG SAID WEST BOUNDARY TO ZTS INTERSECTION WITH THE RAILROAD LANDS; THENCE SOUTHEASTERLY ALONG THE BOUNDARY OF SAID LANDS TO THE PLACE OF BEGINNING. WEIEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 21, 1985, at 1:30 p.m., notice of ~aid public hearing hav'..g been duly given as required by 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 inv~astigate and make findings and :ecoromendations in connection therewith; said public heari!ig having been ~ontinued to the Planning Commission meeting of February 20, 1985; 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 he~:i.q, does find and determine the foi~~•vin9 facts: 1. That the proposed use is properly ane for which a conditional use permit is authorized by Anaheim Municipal Code Section~ 18.61.U50.350 and 18.61.050.514 to wit: to permit expa:~sion of a private school to include a school bus yacd and additional classrooms for a maximum of 500 students with waivers of the following: (a) SECTION 18.61.063.011 - Minimum structural setback. (50 ft. required adjacent to Broadway; 10 feet proposed) ib) SECTION 18.61.064.020 - Maximum fence heiaht. (0 to 36 inches permitted in Pront set- back area~ fi and 8 feet existing adjacent to Mable Stceet, Loar.a Street and Broadway -2' PC85-4? (c) SECTION 18.61.068.030 - Permitted encroachment into required setback area. (OUtdoor storaqe not permitted in front setback area adjacent to Broadway; outdoor bus storaae proposed 2. That the proposed use is hereby granted on the basis that no buses, except those utilized by the Fairmont School, shall be stored in the bus storage yard, or elsewhere on the subject property. 3. Tt~at 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. 4. 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 ~ity of Anaheim. 5. That the granting of the Conditional Use Permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and genera] welfare of the Citizens of the City of Anaheim. 6. That the traffic qenerated by the proposed use will not impose an undue burden upor the streets and highways designed and improved to carry :oe traffic in the area. 7. That three persons indicated their presence at said pnblic heating in opposition; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMPACT rINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit expansion of a private school to include a school bus yard and additional cla~s:ooms for a maximum of 500 students with waivers of mininum structural setback, maximum fence height an~ permitted encroachment into required setback area on (Parcel A) an irregularly-~haped parcel of land consisting of apnroximately 0.29 4~re haviny a Frontaye of approximately 195 feet on the norch side of Mable Street, and further described as 1557 West Mable Street, and (Parcel B) an irregulacly-shaped parcel of land consisting of approximately 2.6 acres, located at the southeast corner of Mable Street and Loara Streec, and further dascribed as 1595 West Broadway and 1550 West Mable Stceet (The Fairmont School); and does hereby approve the hegative Declaration upon finding that it has consideced the Negative Declaration together with any co~nents received durinry the public review process and further finding on the basis of the initial study and any comments received that there i~ no substantial evidence that the project will have a significant effect on the environment. NOW, T9EREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the followinq conditions which are hereby found to be a necessary prerequisiL-e 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 sidewalks shall be install.ed along Mable Street as required by the City Enyineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. -~ PC85-47 2. Tnat prior to issuance of a building permit, the appropriate traffic ~ignal assessment fee shall be paid to the City of Anaheim in an amount as determined by the City Council for new commercial buildings 3. ThaL• all driveways shall be constucted to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 4. That pr.ior to issuance of a building permit, primary water mair, fees shall be paid to the City of Anaheim, in an amount as determined by the Office of the Otil~.ties General Manac~er. 5. Tnat the owner of subject property shall pay to the City of Anaheim a fee for street lighting along Broadway and the southerly 125 feet of Loara Street in an amount as determined by the City Council. 6. That the existing most southerly driveway on Loara Street shall be removed and rep'ac~d uith a standard curb, gutter, sidewalk and landscaping. 7. That khe owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Broadway and the southecly 125 feet of Loa~a Street in an amount as determined by the City Cauncil. 8. That gates shall nut be installed across any driveway in a manner which may adversel.y affect vehicular traffic in the adjacent public streets. Installation of any gates within a distance of forty (40) feet from said public street rights-oE-way shall be subject to the review and approval of t5e City Traffic Engineer. 9. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 10. That the building additions to su6ject property shall be served by underground utilities. 11. That all lockable vehicular access gates shall be PQU1DOPa with a"rnox L~x" device co tne satisfaction of the Citf Fire Marsnall. 12. That fire sprinklecs shall bF installed as required by the City Fire Marshall. 13. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 14. That the proposal shall comply with all signing requzrements of the ML Zone, unless a variance allewin~ sign waivers is approved by the Planning Commission or City Council. 15. That the gates for the bus storage yard shall be screened in accordance with City sl•andards to prevent visibility of the yard fr.om the adj~cent public rights-of-way. 16. That the area between the enclosed bus storage yard and the adjacent public cights-of-way shall be permanently maintained with landscaping and adequate automatic irrigation facilities. -4- PC85-47 17. That no buses, except those utilized by the Fairmont School, shall be stored on the bus storage yard, or elsewhere on the subject property. 18. That the total enrollment of the school st~all not exceed 500 students. i9. That the owner o£ subject property shall submit a letter requesting termination of Conditional Use Permit No. 1941, to the Planning Department. 2U. That subject property shall be developed substantially in accordance with plans and specifications on file with t~~~ City of hnaheim marked Exhibit Nos. 1 through 4. 21. That prior to the commencement of the acti.vi.ty authorized under this resolution, or prior. to issuance of a building permit, or within a period of one year Erom the date oE this resolukion, whichever occurs first, Condition Nos. 2, 4, 5, 7, and 19, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance wich Section 18.03.090 of the Anaheim Municipal Code. 22. That pcior to the commencement of the activity authorized under this ~esolution, or final building and zoning inspections whichever occurs first, Condition Nos. 1, 3, 6, 8, 9, 10, 11, 12, 13, 15, 16 and 20, above-mentioned, shall be complied with. eE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby fi~id and determine that adoption of this Resolution is expcessly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such con~itions, or any part thereof, be declared invalid or unenforceable by the final judgrt~Cnt of any court of competent jurisdiction, then this Reso.lut:on, and any approvals herein contained, shall be deemed null and void. THE FOREGOZNG RESOLUTION is signed and approved by me this 20th day of February, 1985. ~ . -,.\\/~~ ~~ .~ i~; ~-~ e. . ~ r n i: C~: i. i r ~; ca~.:R..~,r;, ~.;7n.i.. r r:.,,r.r._r.c co r:~ss:o., ATTEST: ~~.. ,~- ~.~. SECRETARY, ANAHEIM CITY PLANNING COMMIS:,'ION -5- PC85-47 ,~ _.........__ _ ..... . . .. N~s . ' ~.. STATE OF CALIFORNIA ) ~OUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) i, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the focegoing resolution was passed and adopted at a meeting oi the Anaheim City Planning Commission hald on February 20, 1985, by the following vote of the members theceof: AYES: COMMISSIONERS: BOUAS, BUSHORE, FRY, HERBST~ KING~ LA CLAIRF. MC BURNEY NOES: COMMISSIONERS: NONE AHSENT: COMMZSSIONERS: NONE IN WITNESS WHEREOF, I have hereunte set my hand this 20th day of Februacy, 1985. ~6[~~~ ~- ~//,i ~ w L, SECRETARY. ANAHEIM CITY PLI+N ING COMMISSION -6- PC85-47 ^ !'F, ~ ,.•,.e