Resolution-PC 93-76 .Ml~ ~ '
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RESOLUTION NO. PC93-76
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A RESOLUTION OF THE ANAHEIM CITY PLANNINa COMMI3310N
THAT PETITION FOR CONDITI~JNAL USE PERMIT N0. 3613 BE GRAN7ED '
WHEREAS, the Anaheim City Plannfnp Commisslon dld recelve a verifled Petkfon for
Condlilonai Use permit for certain real property situated fn the Cfty of Anahelm, County oi Orange, 5tate
oF Calffornia, described as:
THAT PORTION OF LOTS 4 AND 5 OF ANAHEIM EXTENSION, AS SHOWN ON
A MAP OF SURVEY BY WILLIAM HAMEL, A COPY OF WHICH IS SHOWN IN
BOAK 3, PAQE5182 TO 184 INCLUSiVC OF LOS ANQELES CAUNTY MAPS, IN
TH~ OFFICE OF 7HE COUNTY RECOFiDER OF ORANQE GOUNTY, CALIFORNIA
DESCRIBED AS FOLLOWS:
BF~INNIN~3 AT THE SOUTHEASTERLY CORNER OF I.OT 21 AS SHOWN ON A
MAP OF TRACT N0. 1542, RECORDED IN BOOK 46, PAGES 87 AND 38 OF
MISCELlANEOUS MAPS, RECORDS nF ORANGE COUNTY, CALIFAqNIA;
THENCE NORTN 74 DEG. 34' 15" EAST 23.20 FEE?; THENCE SOUTH 16 DEG.
07' 09" EAST 54.08 FEE'T TH~NCE NQRTH 81 DEG. 18' 35" EAST fi.85 FEET;
THENCE SOUTH 15 pE~a. 27' 55" EAST 291.93 FEET TO A POINT ON A LINE
PARAILEL WITH AND DISTANT NORTHERLY 480.00 FEET, MEASURED AT
RIGHT ANGLES, FFiOM THE CENTER LINE AF CkNTER STREET, AS SAIQ
STREET IS SHQWN ON A MAP FILED IN BOOK 28, PAGE 22 OF RECORD OF
SURVEYS IN THE OFFICF. OF TI~IE COUNTY REGORDER OF ORANGE COUNTY,
CALIFORNIA; THENCE SOUTH 74 DECi. 37' 25" WEST PARALLEL TO SAID
CENTER LINE GF CENTER STREET, 1084.84 FrET TO A POINT 33.00 FEET
EASTERLY OF THE CENTER UNE OF EAST 3TREET, BEINO 60 FEET IN WIDTH;
THENCE NORTH 15 OEG. 24' 15" WEST, PARALI.EL TO AND 33 FEET EASTERLY
OF TME CENTER LINE OF EAST STREET 33~.29 FEET; THENCE NORTN 15
DEG. 23' 25" WEST, PARALLEL 70 AND 33 F~ET EASTERLY OF THE CENTER
LINE OF EAST STREET, 10.50 FEET TO THE NORTHWE3TERLY CORNER OF
LOT A OF SAID TRACT N0. t542; THENCE NORTH 74 DECi. 34' 15" EAST
ALONG THE NORTHERLY UNE OF LOT A, 946.00 FEET, MORE OR LESS, TO
THE WESI'ERLY UNE OF LOT 21 OF SAID TRACT NQ. 1542; THENCE SOUTH
~5 DEC~. 2a~ oS" EAST ~.00 FEET TO THE SOUTHWESTERLY CORNER OF ~OT
21 OF SAID TRACT N0. 1542; THENCB NORTH 74 ~7EG. 34' 15" EAST, ALONG
THE SOUTHERLY UNE OF LOT 21 OF SAID TRACT 1542, 107.90 FEET TO THE
POINT OP BEGINNIN(3.
EXCEPTING THER~FROM THAT PORTION INCLUDED IN LOT A OF 1'RACT N0.
1 ~a42.
WHEf~EAS, the City Planning Cammissiun did hold a ptcblfc hearing at the CNIc CAntor
in the Ciry of Anaheim on June 28, 1993 at 1:30 p.m., notice af sald public fiearfng having been duly given
es rsquired by law end in accordttnce with the provisfon5 oi the Anaheim Municipal Code, C;~epter 18.03,
to hoar and cons(der evfdenco tor and against eaid proposed condftlonal use permft and to inv~stigato bnd
make findintis and recommendations In connection therewfth; antl
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WHEREAS, safd Commissian, after due Inspectfon, investigation and study made by ftself ~
an@ in Its behelf, a~d eRer due consid0ratlon of ail evl~ience and rsports offered at said hearing, does find 1
and determine the foliowing facts: ~
~I . That the proposed use is propAriy one for which e condRional use perml: is authorized by
Anaheim Municipal Cade Sections 18,03,030.010, 18.21.050.110 and 18.21.p50,270 to permit 3 portable
classrooms (2,880 sq.it, total) fn order to expand an exfsting private etementary school with walvor of the
following:
,~fgus 'IB.06.05Q.U212 - Minlmum ni r~ber of narkinp~gaces. ~
18.06.050.02(i6 (~ required ior combined church ancf school uses; ~
18.06.Q~0,0268 ,~Q4 exlating) i
1 .~6.080
and_t 8,21 xQ5~.010
2. That the parking variance will not causa an Increaso In traffic congesilon tn the immedlate
vicinity nor adversely atiect any adjoining I~nd uses;
3. That the granting of tho parking variance under the conditfono imposed wiil not be
cletrimental to the poace, health, saiety or goneral welfare of the citizens of the Clry of Anehelm;
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4. That the proposed school use fe propArly one tor which e conditlonal use permk Is ~
authorized by the Zoning Code and that the proposed po~nble classrooms ere not Ilsted thereln as being
a permitted use; i
5. That the three (3) paReble classrooms aro granted far a perlad of seven years and that ~
approval of a new conditional uae permit shell be obtelned H addft!onal time is propcaed;
6. Tf~at the propoaed uses, as granted, wlll not adveraely aHect the adJoinin~ land uaes and ~
the growth and devetopment of the area fn which they are propused to be located becauae the uses are
an exp~nsion of the existing private church school and are compatihla whh the church end the
surrounding nelghborhoal;
7. That the size and shape oi the sne for th9 proposad usos are adoquat9 to allow tha full ~
development oi the proposed uses in a manner not detrimental to the particular eree nor to -he peace,
heaith, sa(ety end general welfare becauso the existing e-foot high block wall will adequately scrsen the
proposed temporary classrooms irom nearby single-family residences;
0. 7hat the t~afifc generats~ by tho proposed use will not impose an undue bu~den on tha
streots and hfghways designod and fmproved to aarry the treiffc in the area bsa~use a parkinp demand
study to substantlate the requested parkfnp walver was rsviewed and epproved by the City T~Nic and
Transportation Manager;
9. That tho grantfng of thR conclitinnal use permit under the conditlons ImposPd wlll not be
detrimenial to the peace, health, safoty end generel v~elfare of the citizena of the Cfry cf Anahelm; and
10. That no one indfcated thelr presenco at sefd public hearfnfl in opposRlon; and that no ~~
correspondence was rECnivecl Ir~ ;:aposition to tiie aubject petitlon. ~
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~ALIFORNIA ~ VIRON ENTAL ~~A I~TY A.CT F,JNDIN ~: That the Anahsim Ciry Planning ~
Commissicn has reviewed the ptopo~al t~ oermlt 3 portable classrooms (2,880 sq.ft. tatal) In order to s
orpand en existing prlvate elementary school with walver ot minimum number of parking spaces dn a k
rectangula~iyshapad parcel of land consisting ~f approximetely 8,2 acrea locatod at the southeast corner
of Cypress Street and ~aet Streot, having upproximate irontages of 936 feet on the south sido of Cypreas
5treei and 291 faet on the east sidct of E~st Street, and turther descrlbed es 222 North East Strest (Zlon
Evangelica! Lutheran Church of Anahefm); and does hereby appr~ve the Negativa DeclarAtlon upon flnding
that the declnration reNects the indi~pendpnt Judgoment of tho lead agency and that R has considered the
Negotive Declaration together with any commenta recoNed during the public revlew process and further
finding on the basis of the initfal study and any commenta recefved that there la no substantlal evidonce ;
that tho project wlll have a sigNficant effect on thA environment. j
NOW, TI-IEREFOF~~, BE IT RESOI.VED tha- the Anaheim Cfty Plann{ng Commissfon does
hereby grant subJect Petitl~n tor Cond'~~onal Use Permit, upon the following conditlons whloh are hereby
i~und to be a necessary prerequisfte to tha proposed use of the subJect properry In order to preserve the
safety and generai wol~are of the Citfzens oC the City of Anahaim:
1. That the student enrollment per semaster at subJect school shail a~ Ilmited to a maximum of (our
hundred thfrty six (438) elementary students.
2. That the three {3) portable classrooms are granted for a poriod of seven (7) years trom the date of
this rasolution, untll June 2H, 2000. I
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3. That Fire nepsrtment vehicle acce~s ahall be providod and maintafned to the satlsfactlon of the Ciry ~
Fire Departmont. 3
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4. That a plan sheet for solld waste storage end collection, and a plen for recyclfng shall be submittod ~
to the Department of Maintenr.nce for revfew and approval. ~
5. That subject prupeny shell be devetoped substantially in accordance with plana end spc -iflcations ~
submitted to the Ciry of Anaheim by the petitioner and which plans are on file wftt~ the Planning ti
Department marked Exhihft Nos. 1 through 3. ~
6. That Ifre sprinklers shail be Instali~d as requ(red by tho Firo Department.
7, 7hat prior to commencement of the activitles suthorized here(n, ar prlor to final bult~ing and zoniri;~
inspections, or within e perfod of one (i ) year irom the date of this resolution, whichever ~ccura tirst,
Condition Nos. 3, 4, 5 and 6, above•mentloned, shail be complled wfth. Extenalons ior turther tfine
t~ complete said conditlons mey be granted in accordance with Section 18.03.090 af the Anehelm
Municipal Code.
8, 'That appruval oi this app'icatfon constitutes approval oF the p~opo3ed reques4 only to tho exlent that
it complfea wfth the Anaheim MunicE~al Zoninfl Code and a~y other applicable Ciry, ~tate and Federal
rogulxtEons. Approval doos not includa any actlon or ifndings es to complfance or aporoval of tt~e
request reparding any other appli~ebte orulnanc~, regulation or requlremeni.
BE IT FURTHER RESOL'JED that the Anaticim ^''+ Planning Commlasion does hereby tind
and determine that ado~ 'on oi thfs Resolution Is expresEly }~rsd~csited upon appl(cant's campllance wkh
each and all of the condftions hereinabove set ioRl~. Shoutd a~y such concilttc~n, or any part there~f, be
declered invalki or unenforceable by the final Judgment of any court oi campetent ju~isdiction, then this
Resolution, end nny approvaio herefn contalndd, shall be deemed nui! end voW.
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THE ~OHEGOING RESOLUTION was
June 28, 1993.
CHAI~MAN
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AITEST:
S- ETARY, ANA CITY PLANNING COMMISSION
STATE OF CAI.IFORNIA )
CAUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Janet L. Jensen, Secrotary o' the Anahe(m City Planning Commisslon, do lieraby certlfy
that the foragoing resolutlon was passed and adopted at a meetfng oi the Anaheim City Planning
Commisslon held on June 28, 1~93, ~iy the tollo~ving vote of the members thereof:
AYES: COMMISSIONERS: BOYDS'fUN, CALDWELL, HENNINGER, 6AAYER, t~ERAZA, TAIT
NOES: COMMISSIONERS: NONE •
,1~S~NT: COMMISSIONERS: MESSE
IN WITNESS WHEREOF, I have nereunto set my hand thls z,$'~ day of
C// „~~ 1993.
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'CRETARY, ANAI ~ITY PLANNINQ COMMISSION
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Commission moetlnp of
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4NNIN COMMISSION
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