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Resolution-PC 92-60/"' RESOI.UTION NQ. PC92-60 A RESOLUTION QF THE ANAHEIM CITY ?LANNING COM~AISSION GRANTING A TIME EXTENSION TO COMPLY WI'TH CONDIT(ONS OF APPROUAL ADOPTED !N CONNECTION WITH CONDITIONAL USE PERMIT N0. 3Q21 WHEREAS, on June 20, 1988, Conditlonal Use Permlt iVo. 3021 was approved by the Anahoim City Planning Commissfon to esteblish a vocational sahool (Practical Schools) wfth a waiver of minimum number of parking spaces. WHEREA;'~ Conditian No. 12 of Resolution No. PCBH-164 states: "That subject proparty shall be doveloped substantlaliy In accordance with plans and specifications on file wlth the Cfty of Anaheim marked Exhibft Nos. 1 through 3." WHEREAS Condltion No. i5 of said Resolution stetes: 'That prior to tho commencement of the activity atdhorized by this resolution, Conditions Nos. 3, 4, 5, S, 9 and 12, ebovo-mentioned, stiall bo complied with." WHEREAS, tho Planning Commission has (nitlated this publlc hearing ~t the request of the Cotle Enforcement Division in order to coi~sider the termination or m~di(ication of Condfilonal Uae PermR No. 3021 because of nan-compilance with Conditicn Nos, 12 ~and 15. WHEREAS, the Ciry Rlanning Commisslon did hold a publlc hoaring at the Civic Center in the City of Anahoim on May 4, t992, at 1:30 p.m., notice of sald publlc hoaring having been duly givan as requirod bylaw and in accordance ~vith tlie prnvisfons of the Anaheim Municipal Code, Cha(~ter 18.03, to hear and cUnsfder eviddnce for and against sald proposod terminAtfon or modification, and to Investfgate and make iindings and recommendations in connectlon therewith; and WHERF~IS, sald Commission, ~iter due inspe ~tion, investigation and study made by Itself and in fts behalf, and after due consideration of all evidence and reports offered at safd hearing, does ffn~ and determine the following facts: 1. That Codo Entorcement stalf has poriodically Inspected subject property Irom June 3, 1991 to February 10, 1992, In order to ensure com~llance wfth the conditions of gubJACt Conditional Use Permit. 2. 7hat inspectfons revealed that only a small portfon of the dirt parking lot was paved (Immedlately adjncent to the eASt well of the buiidfng) and that said paving was no[ in accordance with the approved site plAns. The entire area Is being usad as tl~e primary parking aroa 1or approxlmately 150 to 20Q vehicles during Practfcal Schools' operating hours. Practicat Schuols conducts day classea on Monday through Friday, and evening classes on Tuesday, Wednesday, anci Thursday. 3. That there is only one drlveway wh(ch exits ontu Ball Ruad. The driveway which exfts onto Lewis Street, specffied on the approved s;te plan, was nevar (nstalled. 4. That f;ode Enforcornent staff has also obseroed dust blowing irom ihe dlrt parkfng lot across the public right-of-way and into adJacent businesses; and that on rainy days, mud flowed pvor the curb onto Lewis Street snd mud was being tracked onto [iall Road by vehicles leaving the school's parkf~~g area. CA 1495J.1.VJR -1- P~'~ ~~. 5. That Cndo Enlorcement staff has boen in contact with the presfdent aixi vice prusWent of Practical Schools regarding the above vlolations. 6. That throuyh numerous personel meetings, telophone conversatlons, and letters ot violattnn, Practfcal Schools has been inioRnod that the contfnued violation wlll result in a hearfnq by the City of Anaheim Plannlnp Commission to considor the tenntnatlon or moditication of subJect candftlonal use permit; and fuRher, tF~at Code Enforcement records indicate that slnce December 2~, 1998, there have baen sbc (8) cRizon complaints re{~ardlnp lack ..f ~andscaping ~o business Ilconso, refuse and waste problems, plumbing I~aks, and unpermitted constrwtion at thts property. 7. That one c~ncerned person Ind(catod lheir presencA at said p ~blic heariny; and Ihat no coRespondance was recoived in oppositlon to sub~ect request. SALIFURNIA ENVIRQ~ENTAL QUALITY~ICT FINQj~{: The PlanNng nirector or hfa authcxlzed repr~sontatNe has determfned fhat the propoaed terr~~~nation a rt~d~licatlon of CondRlonal Uso Permk No. :~021 falis with(n the de(initlon nf Catogorical exemptfons, Gass 2t, as deflned tn the Stete EIR Guidelines and Is, therefore, c~tegorfcally exampt irom the requirement to prapare an Elfi. NOW, THEREFORE, BE IT RESOWED t~u+t the Aneheim City Ptannlnq Commlaslon doea hareby determino that C.or-ditl~nal Use Permit No. 3031 bo grantod a four (4) mqnth Axtonbl~n of tlme aub)ect to tha idlowing: 1. 'i hat subJect corxlitional use permR shall torminete within faty-fNe (45) days from the date ot thls puWic hearing d June 18, 19A2, unlesa peUtloner obtatns an Irrevocable Le:ter o( CnMR and a l.lcense Agreemeni portalninp to eppropriatdy peving th9 parkiny are0 a~ provid(np an approp~late drkewey to Lewia Street, to tl~e satlsfactia~ ot the City Anomey'a ONIc~; and 2. That ths Plenning Commisslon does hdraby qreM an e~ctenalon ot tlmv for a perlod of tour (a) months (to expfra Soptamber a, 1992) in ordor to pete subject improvements. 3. That su~bjACt u~e permk shatl be null vofd H the aetNioner lail~ to compty with tha ebove-lfsted conditlons wtthin the timq purioda specHf YNE FOREt301Nd itESOLUTION wa ed the nning Commitsbn meetinp ot Apri) 20. 1892. ' 'MAIRMMf PfiO TEMPORE ANAHEIM CfrY PLANNINCi COM SSION ATTEST: ~ ~" CRETARY, P. MEIM CITY PLANNIN~ ~UMMISS~O~N -Z• P(~2~0 ~.•.. STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Janet L Jonsen, Socretary of tf~o Anaheim City Plenninp Commisalon, do horeby certlfy that the foreqoing rosolutlon was passed and adopted et a meeting of th~o Anahelm Ciry Planninp Cummlasion held on May 4, 1992, I~y the idlowfng vote ot the Members thereaf: On roll call, the tore~ofng resolutlon wns passed by the followlnfl vote: AYES: COMMISSIQNER5: BRISTOL, HENNINf3ER, MESSE, ZEMEL NOF.S: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOUAS, FIELLYER, PERAZA IN WITNESS WHEREOF, I have hereunto set my hand this ~day of ~~Z~~, ,~.1992• ~"/~ $ ETARY, A A CITY FLANNINCi COMMISSI R / .~. PG02tfq