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Resolution-PC 92-65RESOLUTION NO PC92-65 A RESOLUTION OF THE ANAHEIM CITY PU~,NIVING COMMISSION THAT PEfITION FOR CONDI710NAL USE PERMIT NO. 3506 BE GRANTED WHEREAS, the Anaheim City Pl~nning Commission did receiv~ a verified Petitilon for Conditional Use Permit for certain real properry situated in the City ~f Anaheim, County of Oranga, State of California, descrik~ed as: PARCELS 1 70 5, INCLUSIVE, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 175, PAGES 28 AND ~p OF PARCEL MAPS, IN THE OFFICE OF TWE COUNTY RECORDER OF SAID COUNTY, WHEREAS, the Ciry Planning Commission d~d hold a public hearing at the Civic Center in the Ciry of Anaheim ~n March 23,1952, ~t 1:30 p.m., notice of saEd pubifc hearing having aeen duly given as required by !aw and in accordance with the pravisians of the Anaheim Municipal Code, Chapter 18.03, to hear and consicler evidenc~e for and against said propo5ed conditional use permit and tn investigate and make findin~s and recommondations in connection therowith; and that s~id public he~iring was continued to the April 6, April 20, May 4 and May '18, 1992, Planning Commis~ion r~ieetings; and WHEREAS, said Cummission, after due ins~,ection, invostigation and study made by itself and in its behalf, and after due cansideration of all evidence and reports offered at said heariny, does find and determine the following fiacts: 1. 7hat the proposed use is properly one for which a conditional use permit is au~harizod by Anaheim Municipal Code Section 18.61.050.614(d) and 18.61.050.~15 to pormit a pre•school through 8th grade school in conjunction with a previously approved church. 2. That the original school proposal was for kindergarten through 12th grade which the petitioner revised to pro-school through 8th grade. 3. That subjoct use permit is approved for a period of five (5) years. 4, That the proposed use is properly one for which a conditional use pormit is authorizdd by the Zoning Code. 5. 7hat tho proposed use, ~s granted conditionally, will not adversely affect the adjoining land uses and the growth and development of th~ area in which it is proposed ta be located. CR15QO~,AS.wp -1- PC9~-65 6. That the size and shape ~f the site for tha proposed use is adequate to 211c~w the full clovelopment of the proposed use in a manner not detrimental to the parcicular aree nor to the pedce, hea~th, Qatety and general welfare. 7. That t~,e traw: generated by tho pruposed use wili not irr~pase an undue burden upon the strE ets and hi~hways designed and improved to ca-~r1+ the traffic in the area because af traffi.: signaliza!ion conditions added at the public hearing. 8. Tha~t th~a granting of the conditional u~e pe~ ~- undor the conditions imposed will not be detrimental to tho poace, heolth, safety ~r ~~ sneral welfare of the citizens af the City of Anaheim. 9. That iifteon (15) Neople in favor ~nd two (2) peopte in opposition indicated their pr~sence at said public hearing; and that no corresponderice was received in opposition to the subject petition. ~AtIF~NIA ENVIRONMENTAL QUALITY ACT FINDING: That th~ Anaheim t;ity Plannirig Commi;sion has reviewed the proposal to permit a pre-~'^ho~l through 8th grade school in conjunc,Kion with a previously approved church on a rectangularly-shapsd parcel of land cansisting rf approximately 16.8 acres f~aving a frontage of approximately 850 `adt o~ the south sido oi La Pelma Avenue, having a maximum dspth ot approximately 781 feat, being locate~ approximately 1~1 teot west oi the centerline of Hrasher Street and turthor ~escribed as 5300•5340 Fast La Palma Avenue; an~ does hereby approve a mitigated Nepa!ive Decl~ration and adopt the Mitigatian Monitoring Progrom pursuartt to Section 21G81.6 of the Public Resources Codo on the basis that iho declaration reflects the independant judgemont of the I~ad agency ~nd that the Planning Commission has considered the proposal with the mitigeted Negative Declarat~on and Monitoring Pro~ram, togetl~er with any comments rec9ived during the public review proc,~ss and turther tinding, on the basis ot the Initial Studv, that th~re is no substantial evidence that the projed will have a significeM effeci on the e. ~viranment. NOW, THCfiEFORC, SE IT HESOLVED that the M~heim City ~'lanning Commissinn doe~ hereby grar.t subiect Petition t~r Conditional Uso Perm~, upon the fclfawing conditions ~hich are hereby tcwncl to b~ n necessary prerec~uis~te to the ~rapoc,sd use oi the uubject prnperry in arder to presorvd thv safety and g~~2ral weHare ~t ;hs Citizens of the Ciry of Anaheim: 1. '~'hat e Plan Sheet tor solid wastR 3t~rago and cal!ection. and a plan for ~~ycling shall be submitted t~ ~ ~epartment of MaiMenance tor review anu .:pprovat. 2. Tha~ sidewalks shail be insta!!ed along l.a Palma Avenue aGutting Parcel No. a of Parcae~ Map No. 8Z-250 (that is, hom the Rrn-ete a'.roet to the eaacerty prcper.y kne of sub~ect ;aroPertY) in Acco~dance with ~tandard plans and specfi~ation~ on file in the C)ffice dr'he City Enginaer. ~. PC92-~5 :. 7hat the total number of studHnts shall be limited ta inur hundred eighry (480) arid that regular sct~ool hc~urs sha~~ ~ae limited to 8:15 a.m. to 3:00 p.m., Monday through Frid~y. 4. That the doveloper shall be responsible far compliance with all miti~~tion mAasures within the ~ssigned time frames and any direct costs associated with Miti~ation PNonitoring Program No. 52 ~s:ablished by the City as required by Section 21081.6 of the Ca~iforni~ Public Ftesources Code to ensure im~lementation of t!~ose identified mitigation maasures. 5. That subJect property sfiall be developed substantiaily in accordanco with plans and specifications submitted to tt~e Ciry of Anaheim by the pet~:!~ner and which plans are on file with the Planning Department m~rked F~chibit Nos. 1 through 3. g, (a) That a pedestrian traffic signal shall be installec~ ~t the ~ntorsection cf Brasher Street and La Palma Avenue, and beacon flashers tor "twenty five mil~s per hour (?5 mph)" sig~s shatl bA installed within the school's viciniry fcr the propos~d proJect, ff State of California warrants for a signal are met within avo (2) years after th~ school commences operation ar when otherwise required by the City oi Anaheim Traffic Engineering Division; (b) A tr~ffic study shall be conduct~d by a consultant selected by the City oi Anaheim and paid tor by the Vineyard Church; and (c;) Prior to c~mmencement of the activ'ity author;zed by this conditional us~ permit, the Vineyard Churcti shall ~rovide a bon~ to the City of Anaheim to guarentee the installation uf said pedestrian traffic signal and beacon flashera. The bond shall be in an amount a~ required by the Traffic Enginaoring Division. 7. That prior to the issuanco of a building permit, or prior to commencement of the activity authorized by this resolution, or within a perioc' of ono (1) year irom tho dat9 ot this resol~rtic;n, whichevor occurs nr~t. Condition Nos. 1. 2 end 6, above•mentioned, shall be complied with. f•rtc~nsians for further time to compi~te said conditi~ns m~y be grented in acc~rdance with Section 18.03.090 ot tho Mahoim Municipal Code. g. That prior to commencyment of activity authorizod by this resolution or prior to final buildi-~g and zon~ng inspections, wtiichevt~r occurs first, Condition No. 5, abovR-meMioned, shall tfe cc~mplied with. g. Th~ subject use permit sha~~ ox;~irc~ fivo (5) years from the date of this resolution; provided, however, that time extensions may be requested ir~ connechon wrth s -3• PC92-65 public hearing and, if approved, the use may continue for the additional specifled time. 10. That ap~roval af this ~pplication constitutes approval of the proposed request only to the e~ent th~t it corriplies with the Anaheim Municipal Zoning Code and any oth9r applicabie City, State ~nd Fed~ral regulatior~s. Approval c~oes not inciude any action or findings as to compl,ance or approval nf the request regarding any ather appiicable ordinance, re~ulation or requiremont. F3E tT FURTHER RESUL'JED that the Anahaim City Planning Commission does hereby tind and dRtermine that adoption of this Resolution is exprossly predicatbd upon applir,ant's compliance with each and all of the conditions hereinabove set forth. Shoul~ any such condition, or ~ny pan thereof, be declared invalid or uno~farceable by the final judgment o~ any cou~t of competent jurisdlction, then this Re;;-~lution, and any approvals herein conteined, shall be deemed null and void. THE FOREGOING RESOLUTION was edopted at the Planning Commission meeting of May 18, 1992. ' ~ ~ •C ~~ AIRMAN, ANAHEI C TY P NING COMMISSION ATTE~T: ` ~ !~ /'t;~~/ ~~~''. . l-'-.-,.~,.,. ~ . % --- - ,~' S~CRETARY, AIdAHEIM CITY PLANNiNG CQAtMISSION ~~ ~ ~ STATE OF CALIFORNtA ) COUNTY AF OR.4NGE ) 3s. CIIY OF ANAHEiM ) I, Janet L. Jensen, Searetary ot the Anaheim Ciry Planning Commission, do hereby certify that the (oregning resolution was passed and adopted at a~ meetinQ of the Anaheim City Plar~ni~g Commission held on May 16, 1992, by the fallow(ng vote of the membe~s thereof: AYES: CCMMISSlONERS: 80UAS, BRISf01., HELLYER, PERAZA, ZEMEL NOES: COMMI3510NERS: MESSE ABSEN7: COMMISS~ONERS: HENNINC3ER IN WIThCSS WHEREOF, 1 havo hereuMO set my hand this _~_ day of i~~~ , ~' , 19:92. . . ~ _, % ., . +'~ ~'. ~::,`~ S~C,RETARY, AW/lHEIM CITY PUINNING COMMISSIQN .~- PC92-6~