Resolution-PC 99-107RESOLUTION NO. PC99-107
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING RESOLUTION NO. PC78-13,
ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 1795
WHEREAS, on January 16, 1978, the Planning Commission adopted Resolution No.
PC78-13 to grant Conditional Use Permit ho. 1795 to permit expansion of a pre-schoot (for a maximum
capacity of 120 students) with waiver of maximum fence height on property located at 1241 South
Bruokhurst Street; and that this use permit allowed expansion of an existing pre-school developed under
Conditional Use Permit No. 1639 onto adjoining property; and
WHEREAS, this property is developed with Bei Air Montessori School in the CL
(Commercial, Limited) zone; that the Anaheim General Plan designates the property for General
Commercial land uses; and lhat the property is located in the Brookhurst Commercial Corr~dor
Redevelopment Project Area; and
WHEREAS, the petitioner requests amendment to this conditional use permit under the
authority of Code Sections 18.03.092.060, 18.44.050.120 and 18.44.050.270 to permit students up to
twelve years of age at the existing private school; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the ~ity of Anaheim on June 7, 1999 at 1:30 p.m., notice of said public hearing having been duly given as
required by law and in accordance wilh the provisions of the Anaheim Municipal Code, Chapter 18.03, to
hear and consider evidence for and against said p~oposed conditional use permit ard to investigate and
make findings and recommendations in connection therawith; and
WHEREAS, said t;ommission, 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 hearing, does find
and determine the following facts•
1. That amending the existing use to permil a private school with students up to twelve
years of age is properly a use for which a conditional use permit is authorized by Anaheim Municipal Code
Section 18.03.092.060, 18.44.050.120 and 18.44.050.270.
2. That the proposed modification, including the imposition of additional conditions, is
reasonably necessary to permit reasonable operation of the private school under the conditional use
permit as originally granted.
3. That this use is being exercised in a manner not detrimental to the particular area and
surrounding land uses, nor to the public peace, health and safety and general welfare, as descritad in the
letter from the applicanPs representative dated April 19, 1999 ar~d discussed in the Staff Report to the
Planning Commission dated June 7, 1999, Item No. 18.
4. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALIN ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal toamend Conditional Use Permit No. 1795 (which
expanded a pre-school and allowed a maximum capacity of 120 students) to permit a private schoo~ with
students up to twelve years of age on a reclangularly-shaped 0.6-acre property having a frontage of 225
feet on the west side of Brookhurst Street, a maximum depth of 115 feet, being located 690 feet south of
the centerline of Ball Road, and located at 1241 South Brookhurst Street (Be~ A(r Montessori School);
and does hereby approve the Negative Declaration upon finding that the declaration reflects the
independent judgment of the lead agency znd that it has considered the previously approved Negative
CR3658PK.DOC -1- PC99-107
Declaration together with any comments received during the public review process and further finding on
the tasis of the initial study and any comments received that there :s no substanlial 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. PC78-13, adopted in connection with Conditional Use Permit No.
1795, to permit a private school with students up ta twelve years of age.
BE IT FURTHER RESOLVED that the following new conditions are added to said
resolution:
That the maximum number of students shall be limited to one hundred twenty (120), up to
twelve (12) years of age.
That the hours of operation shall be limited to the current hours of 7:30 a.m. to 6:00 p.m.,
Monday through Friday.
That ~~vithin a perind of two (2) months from the date of this resolution, by August 6, 1999,
plar,ts shall be installed to cover bare dirt areas in the planters and the slatted fence shall be
repainted to be all one color.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon epplicanYs compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part !: iereof,
be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this
Resotution, and any approvals herefn contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 7, 1999.
,~.~~ ~~~z~
CHAIRP RSON PRO-TEMPOR
ANAHEIM CITY PLANNING COMMISSION
ATTEST:
/ Ln ~/~C~lIR1~J F~.XIuG~
S[CRETARY, ANA;FiEIM CIN PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF dRANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting af the Anaheim City Planning
Commission held on June 7, 1999, by the followir.g vote of the members thereo(:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BRISTOL, ESPING
IN WITNESS WHEREOF, I have hereunto set my hand this G1~h" day of
~, 1999.
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SECRETARYfJ4NAHEIM CITY PLANNING ~OPAMISSI~N
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