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Resolution-PC 94-95~~~:, ~v~, PESp UTION N0. PC94-~ A RESOLUTION OF THE ANAHEIM CITY PIANN~NG COMMISSIAN AMENUING RESOLUTIOM NOS. PC85-73 AND PC85-207 ADOPT~D IN CONNECTION WITH CONDITIONAL USE PERMIT N0. 2667 WHEFlEAS, on March 18, 1985, the City Planning Commisslon adopted Resolution No. PC85- 73, approving Conditlonal Use Perr~it No. 2667 to expand an existing private school ior a maximum of 225 students on prnperty located at the northwest corner of Ch~stnut Street and Cftron Streot, and further doacrloed as 1?1 South Citron Street (Fairmont Cftron Cempus); flnd WHEREAS, Resolution No. PC85-73, adopted in conJunction with subJect conditional use permit, contains the following conditlon: "2. That tho tctal 9nmllment of tho school shall not exceed 'L25 studonts," WHEREAS, on September i6, 1985, the City Planning Commission adopted Rosolutiun No. PC85-207 amending ~iesolutfon No. PC85-73 to approvc~ revised plans (Revislon No, 1) and amend Conditior~ No. 7 accordinc~ly; and WHEREAS, the petitioner has requeated modifir,ation to Conditianal Use Permlt No. 2667 under che authority of Code Sectiona 18.03.030.010 and 18.89.050.060 to: 1) Amend Condition No. 2 of Resolution No. PC85-207 to i~~crease the maximum enrollment to 257 studonts; 2) Arr~end Condition No. 7 to permit a 486 sq.ft, moduler classroom and a 450 aq.ft. foot expansion of the existing school building (tor classroom/storage use); and 3) Walve the following: ,~@~tions 18.34.063,Q12 - Minim~urr s_tructur~J..setback. ~nd 18.Q1.060.020 1-f t wide sotback re~ulred (rom a local stroei; 4(Qg~ from Chestnut Street propused) WHEREAS, the City Pianning Commis~lan did hold a pubiic hearln~ at the Cfvic Center In the City of Anahelm on ,:uly 11, 199A, at 1:30 p.m., notice of sald public hearing having bAen duly given as requfred by law and in accordance with the provisions of the Anahefm Municipal Code, Chapter 18.03, to haar and cunsider evidence for and against said proposed modffication to Condklonal Use Permft No. 2667 and to investigate and make findings and recommendations in connectlon therewith; and that said public hearing w•as coniinued to the July 25, 1994 ?lenning Commissfon meoting; and WHEREAS, sa(d Co~nmiss{on, after due inspection, fnvestigation and study made by itself and in Its behalf, and aRer due consideration of all ev(de~ce and reports offered at sak! heariny, daes f(nd and determine the following tact3: 1. That the walver portaining to minimum struciural setback fs liersby approved on th~ basfs that 4here are special circumstar+ces applfcable to the property conslsting of locatfon and surroundings which do not apply to other ldQntically zoned properties (n the vic(nity; 2. That str(ct applic~ti~n of the Zoning Code deprives the property of privilefles enjoyed by other properties (n fdentical zoning classification in the vicinity; CR2148MS.W P -t . PC94-95 3. 7hat the waiver Is for the proposed modular unit adJacent to Chostnut ~treet, which unit wlll be partially screened from viow from the street by an existinti 6-fo~t high block wall along Chestnut Street and, further, that tha existing school buildinc~ is alsa set back 4 feet irr~m Chestnut Street; 4, That the praposed use Is proporiy one for which a condttional use permit is authorized by tho Zoning Code; 5. That the proposed use will ~ot advercely affect the adjoininq land usds and the growth and development of the area in whfch it Is proposed to be located; 6. That the sizo and shape of the site for the proposod usa is adequate to allow the full development of the proposed use in a manner not detrfinental to the partieular area nor to the peace, health, safety, and general welfare; 7. Tlint the traffic yonerAted by the propo3eci u~e will not impose ~an undue burden upon the streets and highways dosigned and improved to carry the traffic In the area beceuse existing clrculAtion problems w(il be rosoivad to the setisfactfon of tha Traffic and TrAnsportaNan Manaqer; e. That the pruposed off-sfte parking (33 spaces) exceeds the Code requir~ment (22 spaces) ~nd, further, that the petitionar shall provide, ta the satisfacifon of the Plannfng Camm(ssion and the City Traffic ~nd Transpoitation Manager, ~dequate traff(c controls to elim(nate congestian In tt~e student loading and unloading area; ~J. That tho grantinp of the conditional usa permft under the condftions imposed will not be dAtrimentai to the peace, health, safety and general walfare of ttie citizons of tho CiYy of Anaheim; 10. That no one indic~ted their presenc3 at said public hearing in opposition; and that no correspondonce was recelved In upposition to the subject potillon. ~ALIFORNfA ENVIRQN ENTAL QUALITY A T FI pIN~: That the Anaheim City Pl~nning Commission has reviewed the proposal to modify subJect use permft to pernit a 406-square foot modular classroom, a 450-squere foot expansion of the existfnc~ sch~ol building, am~ndment tu the condftfons of approval portafning to maximum student enroliment with waiver of miniir.um structural setback and :pproval of reviaed plans, and does hereby fir.d that the Negative Declaraticn previously epproved in cc,mection witf~ Conditfonal U~e Permit No. 2667 fs adequate to serve es the reyuired environmencal documentation in connection with this request upon finding that the declaretion reflects tha indopendent ;udgement of the lead agency and that it has cansidored the Negative Declaration tagether with any commonts received durfng the public ravie~N procoss and further findinp an the ba~is of the initial study and any comments recelved that there is no substentlal ~vidence that the pr~Ject will havo a signHicant effect on the environment. NOW, THEREf•URE, BE IT RESOLVED that the Anaheim City Plannir~g Commfsslon does hereby amend Conditional Use Permit No. 2667, upon the fc~lowing conditions whfch are heroby found to be a necessary prerequisfte to the proposed use of tlie sub~ect property in order to pres~rve the safety and general weNare of the Citizens of the City of Anaheim, and which conditlons shall be In addit(on to tho conditione c~ntafned fn Resolution No. PC85-207 with tho except~ons of Condition Nos. 2 and 7 which are herein amendod: 2, That tha maxfmum enrollment shaH be two hundred fiky seven (257) stu~lents. 7. That subJect praperty shall be developed ~ubstar.tir~lly in accordance with plans and speciffcatipns gubmftted to the City uf Anaheim by the petitioner and which plans are on tile with tha Planning Dopartmant marked Revis~on No. 2 of Exhibit Nos. 1 and 2. -2- PC94-95 10. Th~t pla~~s shall bo submftted to the Cfty Traffic and Transportation Manager for hfs r~vlew and approvc~l ;~hc~wing conformance with tho lateat revislono of ~ngineering Standard Pl~n Nas. 436 arid C02 pertaininp to parking standards and driveway locations. Sub~oct property shall thereupon be ~evolopecl and ma,ntairied in confarmance wfth said pians. tt. That an unsubardin~tAd parking agreement with the pro~orty located at the northeast corner of Brc~adway and Citron Street, in a form satisfaatory to the City Attomey, shall bo recorded with the Oft1;e of the Oranflo Counry RAOnrder. A copy of the recorded apreement ahall be submitted to the Zoninc~ p6vislun. t2. Thet prfar to Issuance uf a building permft for the modular classroom and the b50 sy.it, expansion, c~r a~ithin a pariod of ono (t) yoar trom the date ~f 4his resolution, whlchever occurs first, Condition I~U. 10, i1, 15 and 16, herein-mentioned, shall be complied wfth. Extensionx for furthor time to complato said conditions may be grantecl In accordance with Section 18.~3.~30 of the Anaheim Municipal Code. 13. Th~c prior to final bufldlnf~ and zoning Inspections tor the mociular classroom and tho 450 sq.ft, axpansion, Gondition No~. 7, 17 and 18, herein-mentiongd, shall be complied with. 14. That approval of this applicatlon constftutos approval of the proposed request only to thd extent tY~at (t complfes wfth tl~o Anahelen Municipal ~o~iing ~a1e and any other applicable ~ity, Stats and Foderal regulatFOns. Approval doos not i~clude uny a~~:lon or tindings as io compllance or approval of the request regarding any other applicable ordinance, requlatlon or requiremont. 15. That the student acceas gate I~cated on Chestnut Stroet shall be moved as far west as practic~l and that plens submftted for build(n~ perm{ts shall shaw said modHicat(on. 16. That additionel striping and accuss shall be provided on th~ northeast corner of the site; and th~t plans, revlewed and approvod by the Traffic and Transportatlon Manager, shall be submfKed showing ~aki improvem~nts. 17. That the parkin~ on the northeRSt ~Ide of tha proporty shall ae designntotl as "Visitor Parking C-nly." 18. 7hat part of the curb along Cftron Stro~t, directly In front of the school, ehall bo deaignated for "bus parkinfl only' to the s~dlst2ction of tha Cfty Tra9fic and Traiisportation Manager. pk 17 FUR1 HER fiCSUWEG that the Anahefm City Plannin~ Commisylon doeu hereby find ~nd determine that ado~;tion oF this Resolutfon is oxpressly precilwated upon applicant's compllance with each ar~l aii o( t~c, condftions horolnabove set forth. Shouid any such conditlon, or any part thereof, be declared Invalid ar unen(ora~able by the final ~udgment of any coun u` competent jurisdlction, then ihis Resolution, arxl any appravals herein c:ontained, ~hall be deerr.ed null and vold. THE FOREGOING RESULUTION was adoptec! at the Pla~ g Commissfon meetirg of Juiy ~5, ~9sa. /- /~ ~ ~ ~ .. ~ HAIRMAN, NAHEIM CITY N~ ING CQMMISSION ATTEa ~: ~ll1Zt~G~ ~1.2«w..~-- ~,r, pt"TARY, ANA~1- CITY PLANNING COMMI~SION _3_ PC94-95 S7ATE OF CAUFGRNIR j CflUPlTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Janet L. Jensen, Secretary o( the Anahelm City PlAnninfl ~ommission, do horeby certfy that the toreQoing readutlon was pA6bOd and adopted at a meeZing d the Aruthefm City Planning Commlasion h~ld on July 25, 1994, by the tdlowfng vote of the members thoreof: AYES: COMMISSIONERS: Bf)YD~TUN, CALUWELL, HENNINCiER, MAl'ER, PCRAZA. YAIT NCES: COMMISSIUNERS: NOhE ABSEN7: COMMISSIONERS: MESSE IN 1h1TNESS WHEREOF, I have hereunto set my hend thi3 ~~ day of 199A. y • > CRETARY, A HEIM CITY PLANNINCi COMMISSION ! ,~. PCD~1 ~li5