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Resolution-PC 98-67RESOLUTION NO. PC98-67 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING CERTAIN CONDITIUNS OF APPROVAL OF RESOLUTION N0. PC92-65 ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 3506 WHEREAS, on May 18, 1992, the Planning Commission adopted Resolution No. PC92- 65 to approve Conditionai Use Permit No. 3506 and permit a preschool through 8th grade in conjunction with a previously-approved church at 5340 East La Palma Avenue; and that Condition No. 9 of said resolution specifies the following: That subject use permit shall expire five (5) years from the date of this resolution; provided, however, that time extensions may be requested in connection with a public hearing and, if approved, tiie use may continue for the additional specified time. WHEREAS, this property is developed with a church inciuding a school and offices (Vineyard Christian School) in Development Area 2"Expanded Industrial Area" of the Northeast Area Specific Plan (5P 94-1); that the property is located in the "SC" Scenic Corridur Zone Overlay and the Project Alpha Northeast Redevelopment Area; and that ths Anaheim General Plan designates this property for General Industrial iand uses; and WHEREAS, under Condition No. 9, this conditional use permit expired on May 2, 1997, and the petitioner therefore requested that the Planning Commission consider reinstatement of this use permit by the modification or deletion of Condition No. 9 pertaining to the 5-year time limitation to retain the conditional use, pursuant to Code Section 18.03.093 of the Anaheim Municipal Code; and WHEREAS, the City Planninc~ Commission did hold a public hearing at the Civic Center in the C(ty of Anaheim an April 27, 1998, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in eccordance with the provicions ef thp Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearinc~, does find and determine ttie foll~wing facts: 1. That this use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.110.070.05~.0511(b) in Development Area 2 of the Northeast Area Specific Plan. 2. That the use has not 2dversely affected the adjoining land uses and the growth and development of the area in which it is located. 3. That the size and shape of the site for the use is adequate to allow the full development of said use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. That the traffic generated by the use has not imposed an undue burden upon the streets and highways designed and Improved to carry the traffic in the area. 5. That the granting of this request, ~nder the ~onditions imposed, will r~ot be detrimental to lhe peace, health, safety and c~enerai welfare of the citizens of the City of Anaheim. CR3288PL,t70C -1- PC98-6i 6. That this use permit is being exercised in substantially the same manner and in conformance with ail conditions and stipulations originally approved by the approval body. 7. That this use permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare. 8. That no one indicated their presence at the public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 35U6 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the previously approved Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantiai evidence that the project will have a significant eifect on the environment. NOW, THEREFOR~, BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend Resolution tJo. PC92-65, adopted in connection with Conditional Use Permit No. 3506, as follows: (a) Amend Condition No. 9 to read: 9. That subject use is hereby approved for five (5) years, retroactive !o May 2, 1997, and shall expire on May 18, 2002. (b) Ad~ %.•.: ~Ilowing new condition: ~ 1. 1~"hat !he app!:cc~i sha(i s~~bmlt d covPnant, approved by the ~ity Attomey's O~ce, ~cknowled~ing that industrial uses are permitted and may be located immediately adjacent to s~hlect use. The covenant shall reference the permitted primary uses and conditionally perrn~kted uses specified by ; aecific Plan No. 94-1 for Development Area 2(Chapter 18.11u.070 of the Anaheim Municipal), and shall acknowledge that said uses may be subject to change fn connect'on with a Specific Plan Adjustment without further notice to the subject property owner. Said covenant need not be a recorded document. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of , April 27, 1998. , ^ i /1° ~~ r~~ CHAIRPE SON, ANAHEIM CITY PLANNING COMMISSIC~N ATTEST: SECRETAR ANAHEIM CITY PLANNING COMMISSIQN -2- PC98-67 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim City Poanning Commission, do hereby certify that the faregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on April 27, 9998, by the following vote c~f the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTQL, HENNINGER, NAPOLES, PERAZA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE VACANCY: ONE SEAT VACANT IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of ~, 1998. / i'1.~~.~~~ ~~C1`iLCI"" SECR TARY, AHEIM CITY PLANNING COMMISSION -3- PC98-67