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Resolution-PC 97-181• • RESOLUTION NO. FC97-181 f, R~Stul.UTION'i~F THE ANAHEI~VI CITY PLANNING COMMISSION AMEi'~i~~1C CERTAIN CJNDITIONS OF APPRUVAL OF RESOLIl7!^N NO. 71R-150 ADOPTED IN LONNECTION WITH C;7NDITIONAL USE PERMIT NO. 1225 ~ V~l•iFREAS on April 20, 1971, the Ciry Council adopted Resolution No. 71R-150 to approve Variance N.~. 1::?'% anc3 ,:eimit a child care center serving lhe public at an apaAment complex at 2130 West Crescent Avenue for a peril! ;5 0( one year, as specified by Condition No. 6; and that on May 15, 1972 a 5-year tima e:ctension wns granted to expire on April 20, 1982; and WNER~-^.::~, subject property is develop~d with a 368-unit apartment complex and a child care (acility. WHEREAS, the petitioner requests delelion or modification of Condition No. 6 under authority of Code Sectiais 18.03.092 and 18.03.093.040 to retain the child care (acility in the aparlment complex; WFiEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City o1 Anaheim on December 22, 1997. at 1:30 p.m., nolice ot said public hearing having been ~uly g~ven as required by law and in accordance with the provisions ol tt~e Anaheim Municipal Code, ~hapter 18.03, to hear and consider evidence for and apainst said prop~~sed amendment and lo ~nvestigate and make findings and recommendations in conne~tion therewilh; and WHEREAS, said Commission, after due irtspectior, investigation and study made by itself and m its behalf, and after due consideration of all evidence and repoits o((ered al said hearing, does find and detennine the following facts 1. Th~l sub~ect conditionnl use permit is beinc~ exercised in substantially the same manner aa onginally appioved and in conlorm~nce with all conditions ~nd stipulations of the original approval; thal ttie uae has been in cuntinuous operation since 1971 and has nol caused any violations re~ulling in Code Enlorc~menl complainis; and thal Ihe I~cts necessary to support the original approval use still exist; Z. That the use pent~it is being exercisud in a manner noi delrimentai lo lhe particular area and surrounding land uses, nor to the publlc peace, health, salety and fleneral welfare; 3. That this use permil has been exercised in a manner which justi(ies deletion ol the time limitation in its entirety to permit reaso?abie c~peratlon o! the child care facility; d. That the proposed mc>d~(icalion, including the imposition of an additional condilion thereto, is reasonably necessary to protect the publlc peace, health, salr.ty or general weltare, and necessary to permit reasonable operation under the conditional use permit, as originally pranted; and 5. That no one indicated tneir presence at said pub~ir, hearing in oppositfon; and thal no correspondence was received in opposition to the subject petition. _~_ PC97-181 CR3142PL.DG~C ~ ~ CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDIt~IG: That the Anaheim City Planning Commission has reviewed 1he proposal and does hereby find that the Negative Declaration previously approved in connection with this Conditional Use Permit is adequate to serve as the required environmental documentation in connection with this requast upon finding that the deciaration reflects the independent judgement of the lead agency and that it has considered the prev~ously approved Negative Declaration together with any comments received during the public review process and further finding on the basis of the initiai study and any commenis received that there is no substantial evidence that the project will have a significant effect on the environment. , NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend Resolution No. 71R-150, adopted in connection with Gonditional Use Permit No. 1225, to delete the time limitation contained in Condition No. 6 and to amend Condition No. 6 to read: That the maximum number of in(ants and children enrolied at this facility shall not exceed sixty two (62); provided, however, that if a lesser number of infants and children is permitted by the State of California, Department ot Social Seivices, then the maximum number shall nat exceed that lesser number. THE FOREGdING RESOLUTION was adop!ed at !he Planning Commission meeting of December 22, 1997. --~ -~ ~~l«-.:= c~_~~r. ,~--~ t- CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: . ldi ~ ~d &ECRETARY~ NAHEIM CITY PLANNING COMMI,SSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solono, Secretary o( ihe Anaheim Cily Planning Commission, do hereby ceriify that the (oregoinc~ resolulion was passed and adopted at a mecling of the Anaheim City Planning Commission held on Decembcr 22, 1997, by the (ollowing vote ol lhe members thereoC AYES: COMMISSIONERS: BOSTWICK. BOYDSTUN, Bf21STOL, HENNINGER, NAPOLES, PERAZA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MAYER ~ IN WITNESS WHEREOF, I have hereunio set my hand Ihis ~_ day of 1990. '1 . , h i ( 1 n__ ~ SECRETA , ANAHEIM CITY PLANNING COMMISSION _2_ PC97-181