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Resolution-PC 92-110FiESO~~N N0. PCq2-110 A RESALUTION OF THk ANAHEIM CITY PI.~NNING COMMISSIOiV THAl' PETITIQN FOR C0~lDITIONAL USE PERMIT NO. 3538 BE GRANTED WHEREAS, the Anaheim Ctty Planning CAmmission dld recelvo a veritied Petition for Condltional Use PermEt tor certain real property sftuated in the City of Anahelm, Counry of Oranga, State of Californla, descr{bed as: PARCEL 1, AS SHOWN ON A MAP FILFD IN BOOK 51, PAGE 8 OF PARCEL MAPS, IN THE OFFICE QF THE COUNTY RECORDER OF ORAiVCE COUNTY, CALIFORNIA. WHEHEAS, ttie Clty Plann(ng Commisslon dld hold a pubilc hearing at the Civic ~Centor In the City of Ansahoim on September 9, t992, at 1:30 p.m., nottce nf sald pubiic hearing havin~ beon duly given as requlrod by law and in nccordance with the prov(siona af tho Anaholm Municipal Code, Chaptor 18.03, to hear and consider evidence for and aflalnst seld proposed conditional use permit and to investigt~te s~nd make findings and recommendations In connection therewfth; ~nd WHEHEAS, said Commisslon, after due Inspection, Investl~ation and study made by ftsolf and In its behalf, end a(ter due consideratlon of ~II evidence and repoKs offered at sa!d hear(ng, does Find anci determine the following tacts: t. That the proposed use Is prope~ly one for which a conditional use permit fs authorized by Anaheirn Municipal Code Section 18.21.050.27Q to permit a privete ecluca!lonal facilfty (7th through 12th grado) with R maximum oi 120 childron In conjunction with an existing ch~rch and preschool, anc! with wuiver of the following Codc+ Sections: Sectton 18,0~,050•011 • .djnimum number 4( rp,~ Hinn a~ce_s. ~06.050.0266 (~1,Q required; .].~,;z oxiating) 18,06.050.0?68 16.08,0 gnd 18.21.066,Q10 2. That the parkfng varfance will not cauae an Increaso In traific aongestion In the Immedlato vicinity nor adverseiy aNect any adJoining lancl uses; 3. 7hat tho Vranting ot the parkfng verlanr,e under the conditlons fmposed will not be detrfinental to the peace, heaith, safety or peneral wsifare oi 4he citfzens M the Ciry of Anahefm; 4. That the Ciry 7reHic and Transportatlon Manager hAa -evlewed ar~d approved a parkinp study tf~at justi8es the proposed waiver ~ii on•site parking spaces tar ihis apecHic cambination oi uses; 5. That the churcl~ w~ll not physicelly expand thoir existing (aclllties, and fhe private educatlonat (acflity will not conflict wfth ex(sting church oporations; f, That the existing classrooms end play araas ~re locatod approximately 180 feet irom the singlo-tamlly resldances to tho south; 7, Yhat the proposed use will not advorsely aNect the adjoining land uses and the growth and dovalopment of the aroe in whfch k is proposed to bo la:ated; CR1804MS.wp -t - PC92-t 10 e. Thet the dize And shapo of the sfto for the proposed use is adaquate to atlow the full devolopmont of the proposed use in a manner not detrin~antal to the particular aroa nor to tha peace, health, safery, and general weltare; 9. That the traHlc generated by the proposed use wiil not impose an undue burdon upon the streets and highways designed and improved ta carry the traific in the erea; 10. That the grantino of the conditional use permft under the conclitions Imposed will not be detrimental io the peace, health, safery and general wolfare of tho citizens of the Ciry of Anahefm; and 71. That na one indicated tf-air prosence at sald public I~earing in opposition; and that no correspondence was received in opposition to tho subJec;t petitlon. CALIFOF]j.VIA FNVIRQNME[~TAI. QUA ITY AGT FINGING: That the Anahefm L'ity Planning Commission has roviewed the proposal ta permft $ private educational facility (7th throuflh 12th grede) with a maximum ai 120 children in con~unction with an existing church and preschool, and with wAfvor of minlmum numbsr of parking spaces on an irregularlyshaped parcel of land consisting of approximately 2.5 acros, havinp a irontage of appraxlmately 110 foet on tho south side of l.a Palma Avenue, havinp a maximum dopth ai approximately 533 (eet, betng located approximately 665 faet east of the conterline of Magnolla Avonue, and further described as 2530 West I~ Palma Avenue; and doos hereby approve the Negative Declaration upon finding that the cioclAration roflects the independent judgement of the lead agency and that it I~as consfderod the NegatNe Docl~ratlon together with any comments received during the ~ublic re~~iow process and turcher ilnding on the basid af the Inftial study end eny comments roceived that there Is no substantial evidonco that the pro~ect wlll have a signHicant eftect on the enviranment. NON/, YHEREFORE, 8E IT RESOLVED that the Anaheim Cfty Planning Comrnission doos hereby grant sub~ect Petitlon for Cor-ditianal Use Permit, upon the following canditions whfch are hereby found to be a necessary prerequistte to the proposed use of th~ subjeat properry in order to preserva the satety and general welfare ot ttie Citizons of the City of Anaheim: 1. That subJect (acllfty shall be Iimitod to s~ max~mum enrollment of on~ hundred twenty (120) student~. 2, That a PIAn Sheet for soltd waste storage er~d collection, and a Flan for recycling shall be subm(tted ta the Department oi Malntenance for roview and ppproval. 3. That ali drivoways on Le Palma Avenuo shall be reconstructnd to accommodate ten (10) toot radlus curb returns. 4. That subJect property shall be developed substantially fn accordance with pla~s and spbcif!catinns submittecl to the ~ity of Anahe(m by the petitioner and which plans aro on tile w~th the Planning Departmant m~rked ExhVbit Nos. 1 through 3, Including re(urbishment of the landscaping. 5. That revisod pl~ns for th~ parking lot shall be submitted to the Plann(ng Cornmission for review ~snd approvai, es a Reports end Recommendacion ftem. B. ThAt prior to commencement ~4 tho activfty authorized by this resolutfon or within a period of ane (1) yosr from the dnte ot th(s resolutlon, whichever occurs tirst, Conciftion Nos. 2, 3, 4 artd 5, abrn~d-mentionExl, shail be complied with. Extensions for further time to compl9te said conditions may bo granted in accordance wfth Sactlon 18.03.080 of the Anahelm Municipal Cada. 7. That approval of this applicatlon constft~~tes approval of the proposad requost oniy to the extent that ft compifos with the Anaholm Municipal Zoning Caie and eny other applicable City, State anri Federal regulatlonn. Approval doos n~t Incfude any action or tindings es to compi(ance or ~pprova! of the reque3t regardfng eny other appiicable ordinance, regulation ar rdqu(rement. -2- PC92-11 Q BE IT FURTHER RESOWED that the Anahoim City PlanninQ Commisslan cioes hereby find and detormine thet ad~ptlon af this Resalution is e:cprosgly predicateci upon appl~r.ant's complianco with each and all of the conditiona hereinab~ve set 4orth. Should any such oon on, ~r any part thereaf, be doclared Invalid or unenforcoable by the iinal judgment of any couR of compe nt juriscilctlon, then thls Resolution, and any approvals hereln contAlned, sliatl be deemed null and vold. , , Septomber ~, ~gggE ~OREGOING RESOI.UTION was a~6pte~'at ti~ Nlay~4j(ng Cammission meeting of ~~ ~ ~ ~~ ATTEST: SE~ ARY, ANAH I CITY PI~NNING COMMISSION ANAHEIM CITY PIANNINCvCOMMISSION STATE OF CALIFORNIA ) CQUNTY OF A(iANGE ) ss. CITY OF ANAHEIM ) I, Janet L, Jenser~, SecrEtary of the Anahelm Cfty PlAnning Commisslon, do hereby coKify that tlie toregoing resolutlon was passed and adopted at a maetfng of the Anaheim City Pianning Cornmissiorv held on September 9, t992, by the fullowing vote oi the members thareot: AYES; COMMISSIONERS: BRIS'TO~, HENNINGER, MESSE, PERAZA, TAI'~, ZEMEL NOES: COMMISSIO~I~RS: NONE ABSENT: COMMISSIONERS: NONE VACAMCY: ONE SEAT IN 1tiITNESS WHEREOF, I havo hereunto aet my hand this ~~ day of ~.Q,~D-~iP_~, 1992. ( J ~i RETAHY, ANA ~ CI7Y PLANNIfJG COMMISSION -3- F'C92-110