Resolution-PC 2015-106RESOLUTION NO. PC2015-106
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING AMENDMENTS TO CONDITIONAL USE
PERMIT NO. 138 AND CONDITIONAL USE PERMIT 4075 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2015-00109)
(1557-1575 WEST MABLE STREET)
WHEREAS, on July 18, 1961, and subject to certain conditions of approval, the Planning
Commission of the City of Anaheim (hereinafter referred to as ("Planning Commission"), by its
Resolution No. 7, did approve Conditional Use Permit No. 138 (the "Original CUP 138") to
permit the establishment of a private school, located at 1557 West Mable Street in the City of
Anaheim, County of Orange, State of California (the "1557 Property"), as generally depicted on
the map attached hereto as Exhibit A and incorporated herein by this reference; and
WHEREAS, on April 11,1988, and subject to certain conditions of approval, the Planning
Commission, by its Resolution No. PC88-99, approved an amendment to Original CUP 138
(designated as "Conditional Use Permit No. 2994") to permit an expansion to the private school
with waivers of minimum structural setback and minimum number of parking spaces (herein
referred to as the "1988 Amendment"); and
WHEREAS, the Planning Commission did receive a verified petition to further amend
Original CUP 138 (designated as "Conditional Use Permit No. 138A") to permit a new preschool
and relocate the existing Kindergarten through eighth grade students within the existing
Fairmont Private School campus located at 1557 West Mable Street; and
WHEREAS, on August 10, 1999, and subject to certain conditions of approval, the City
Council, by its Resolution No. 99R-175, did approve Conditional Use Permit No. 4075 (the
"Original CUP 4075") to permit the conversion of an existing 14,775 square foot industrial
building into a private elementary and junior high school with waiver of minimum number of
parking spaces for a period of 20 years, to expire on March 1, 2019, for the property at 1575
West Mable Street in the City of Anaheim (the "1575 Property"), which is also generally
depicted on the map attached hereto as Exhibit A; and
WHEREAS, the Planning Commission did receive a verified petition to amend Original
CUP 4075 (designated as "Conditional Use Permit No. 4075A") to modify a condition of
approval related to a time limitation of the private school use and to permit and retain the
existing administrative school offices located at the 1575 Property; and
WHEREAS, the 1557 Property and the 1575 Property are collectively referred to herein
as the "Properties" and, together, consist of approximately 6.15 -acres and includes eight parcels
(Assessor's Parcels Nos. 036-051-04, 250-113-06, 250-113-07, 250-113-08, 250-114-01, 250-
114-06, 250-124-09 and 250-124-10). The Properties are currently developed with school
classrooms, administrative offices, auditorium, gymnasium, cafeteria and storage and
maintenance facilities. The Anaheim General Plan designates the Properties for "I" Industrial
land uses. The Property is located in the "I" Industrial Zone and is subject to the zoning and
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development standards of Chapter 18.10 of the Zoning Code (the "Code"). "Educational
Institutions" are permitted uses in the Industrial Zone, subject to a conditional use permit; and
WHEREAS, this Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on December 14, 2015, at 5:00 p.m., notice of said public hearing having
been duly given as required by law and in accordance with the provisions of Chapter 18.60
(Procedures) of the Code, to hear and consider evidence for and against proposed Conditional
Use Permit No. 138A and Conditional Use Permit No. 4075A and to investigate and make
findings and recommendations in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for Implementation of the California Environmental
Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA
Procedure Manual, the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project; and
WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local
CEQA Procedure Manual, the Planning Commission finds and determines that the effects of the
Proposed Project are typical of those generated within that class of projects (i.e., Class 1 —
Existing Facilities) which consist of the repair, maintenance, and/or minor alteration of existing
public or private structures or facilities, involving negligible or no expansion of use beyond that
existing at the time of this determination, and that, therefore, pursuant to Section 15301 of the
CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment
and is, therefore, categorically exempt from the provisions of CEQA; and
WHEREAS, the Planning 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 hearing with respect to the request for Conditional Use Permit No. 138A and Conditional
Use Permit No. 4075A, does find and determine the following:
1. An amendment to the conditional use permit is required to allow modification to
conditions which did not previously allow the enrollment of preschool students because it limited
the enrollment to K -8th grade students. A conditional use permit is also required for amendment
to conditions of approval to modify the condition (No. 17 of PC2000-76) which terminates the
use of the building on March 1, 2019, or concurrently with the lease of the property.
2. The adjoining uses to the north and east are industrial uses including
warehousing, light manufacturing and metal fabrication, and general building contractors. Uses
to the west include office and warehousing for lighting products and Loara Elementary school.
Uses to the south include wholesale plumbing products, tutoring services, light manufacturing,
and wholesale beauty supplies. The school has been in existence since 1961. The school
maintains safe enclosures and separation from the surrounding uses. The proposal to include 32
preschool students is not anticipated to expand the enrollment to more than 540 students over the
next several years. The preschool students will be housed on the first floor of an existing two-
story building with an enclosed yard and eating area to separate them from other students.
Therefore, it will not adversely affect adjoining land uses or growth and development of the area.
Further, since the proposal is to utilize the existing facilities, the size and shape of the site
proposed is adequate to allow full development of the proposed use in a safe manner.
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3. The proposal includes the modification of the enrollment to include preschool
students and to remove the time limits for the administrative building. No new construction is
proposed except for a new 3 -foot high fence. The size and shape of the site proposed for the use
has been utilized since 1961 and is adequate to allow the full development of the proposed use,
in a manner not detrimental to either the particular area or health and safety.
4. The proposal will maintain fewer students than the allowable student body
enrollment and is therefore, in conformance with the existing parking waiver and traffic analysis
that was previously prepared for the school, no additional traffic is anticipated based on this
proposal and therefore will not impose an undue burden upon the streets and highways designed
to carry traffic in the area.
5. Overall, the proposal to include preschool students and eliminate the time limits
on the administrative offices will not be detrimental to the health and safety of the citizens of
Anaheim.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 138A, contingent upon and subject to the conditions of
approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which
are hereby found to be a necessary prerequisite to the proposed use of the Property under
Conditional Use Permit No. 138A in order to preserve the health, safety and general welfare of
the citizens of the City of Anaheim. The conditions of approval attached to this Resolution as
Exhibit B hereby amend the conditions of approval which were the subject of Original CUP 138.
Except as specifically amended by the conditions of approval attached to this Resolution as
Exhibit B, the conditions of approval of Original CUP 138 shall remain in full force and effect.
To the extent that there is any conflict or inconsistency between the conditions of approval
attached to this Resolution as Exhibit B and the conditions of approval of Original CUP 138, the
conditions of approval attached to this Resolution as Exhibit B shall control and govern. Except
as expressly modified in this Resolution, the conditions of approval and entitlements of Original
CUP 138 shall remain in full force and effect.
BE IT FURTHER RESOLVED that, with respect to Conditional Use Permit No. 138A,
extensions for further time to complete conditions of approval may be granted in accordance
with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be
amended by the Planning Director upon a showing of good cause provided (i) equivalent timing
is established that satisfies the original intent and purpose of the condition, (ii) the modification
complies with the Code, and (iii) the applicant has demonstrated significant progress toward
establishment of the use or approved development.
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BE IT FURTHER RESOLVED that condition No. 17 of Original CUP 4075, as set
forth in City Council Resolution No. 99R-175, is hereby deleted in its entirety. Except as
expressly modified in this Resolution, the conditions of approval and entitlements of Original
CUP 4075 shall remain in full force and effect.
BE IT FURTHER RESOLVED that any amendment, modification or revocation of
this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City -Initiated Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that the Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part
thereof, be declared invalid or unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and
void.
BE IT FURTHER RESOLVED that approval of this application constitutes approval
of the proposed request only to the extent that it complies with the Code and any other applicable
City, State and Federal regulations. Approval does not include any action or findings as to
compliance or approval of the request regarding any other applicable ordinance, regulation or
requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of December 14, 2015. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and
may be replaced by a City Council Resolution in the event of an appeal.
C=�i S�t 1�� I -
CHAIRMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on December 14, 2015 by the following vote of the
members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, HENNINGER,
LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of December, 2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2015-00109
APN: 250-114-01
250-124-10
250-113-06 W EMBASSY ST
036-051-04
250-113-08
250-114-06
250-124-09
250-113-07
394'
v
coo
N
2gs,
596'
Q
Cr
O W MABLE ST
J
V)
798'
488'
N
O
W BROADWAY
a
J
W ELM AVE
0 50 100
Source: Recorded Tract Maps and/or City GIS.
�T FEet Please note the accuracy is +/- two to five feet.
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M
N
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O
r
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133'
178'
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EXHIBIT "B"
CONDITIONAL USE PERMIT NOS. 138A AND 4075A
(DEV2015-00109)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
OPERATIONAL CONDITIONS
1'
The school shall be operated in accordance with the Letter of
Planning and Building
Request submitted as part of this application. Any changes to the
Department
operation, as described in that document, shall be subject to review
and approval by the Planning Director to determine substantial
conformance with the Letter of Request and to ensure compatibility
with the surrounding uses.
2.
No required parking area shall be fenced -off or otherwise enclosed
Planning and Building
for outdoor storage uses.
Department,
Code Enforcement
Division
3.
Enrollment shall not exceed six hundred ninety five (695) students
Planning and Building
consisting of preschool through eighth grade.
Department,
Code Enforcement
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4.
Any graffiti painted or marked upon the business premises or on any
Planning and Building
adjacent area under the control of the business owner shall be
Department,
removed or painted over within 24 hours of being applied or
Code Enforcement
discovered by the business owner.
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GENERAL CONDITIONS
5.
All leases and subleases relating to all or any part of the subject
Planning and Building
Property shall expressly reference and be subject to all of the
Department,
operational conditions of this conditional use permit.
Code Enforcement
Division
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
6.
The Applicant shall defend indemnify, fy, and hold harmless the City
Planning and Building
and its officials, officers, employees and agents (collectively
Department,
referred to individually and collectively as "Indemnitees") from any
Planning Services
and all claims, actions or proceedings brought against Indemnitees
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to attack, review, set aside, void, or annul the decision of the
Indemnitees concerning this permit or any of the proceedings, acts
or determinations taken, done, or made prior to the decision, or to
determine the reasonableness, legality or validity of any condition
attached thereto. The Applicant's indemnification is intended to
include, but not be limited to, damages, fees and/or costs awarded
against or incurred by Indemnitees and costs of suit, claim or
litigation, including without limitation attorneys' fees and other
costs, liabilities and expenses incurred by Indemnitees in connection
with such proceeding.
7.
The applicant is responsible for paying all charges related to the
Planning and Building
processing of this discretionary case application within 30 days of the
Department,
issuance of the final invoice or prior to the issuance of building
Planning Services
permits for this project, whichever occurs first. Failure to pay all
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charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
8.
The subject Property shall be developed substantially in accordance
Planning and Building
with plans and specifications submitted to the City of Anaheim by
Department,
the petitioner and which plans are on file with the Planning
Planning Services
Department, and as conditioned herein.
Division
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