Resolution-PC 2018-005A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT
NO. 20 17-05944 AND MAKING CERTAIN FINDINGS
IN CONNECTION THEREWITH
(DEV2017-00115)
(2930 WEST BALL ROAD)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve Conditional Use Permit No. 2017-05944
to permit a preschool/kindergarten facility by occupying approximately 3,226 square feet of space
located within the rear of an existing church facility (referred to herein as the "Proposed Project")
for that certain real property located at 2930 West Ball Road in the City of Anaheim, County of
Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and
incorporated herein by this reference (the "Property"); and
WHEREAS, the Property is approximately 3.1 acres in size and is currently
developed with an existing church, The Anaheim General Plan designates the Property for
Neighborhood Center land uses. The Property is located in the "T" Transition Zone. As such, the
Property is subject to the zoning and development standards described in Chapter 18.14 (Public
and Special -Purpose Zones) of the Anaheim Municipal Code (the "Code"); and
1T'AEREAS, on February 5, 2018, the Planning Commission did hold a public
hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly
given 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. 2017-05944 and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, as the "lead agency" under the California Environmental Quality Act
(Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the Planning
Commission finds and deten-nines that the Proposed Project is within that class of projects (i.e.,
Class I — 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 Title 14 of the California Code of Regulations, 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 to permit a preschool/kindergarten facility at an existing church facility,
does find and determine the following facts:
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L The proposed request to permit the Proposed Project is properly one for which
a conditional use pen -nit is authorized under the classes of allowable uses set forth in Table 14-A
as "Day Care Centers", as referenced in paragraph .0402 of subsection .040 of Section No.
18.14.030 of the Code,
2. The proposed request to pen -nit the Proposed Project, as conditioned herein,
would not adversely affect the abutting businesses or residences, nor the growth and development
of the area in which it is -proposed to be located because the proposed facility will close at 6:00
p.m. on weekdays, and the outdoor activities will occur in a limited manner within an area that is
already being utilized as an outdoor playground area for the existing church.
3. The size and shape of the site for the Proposed Project is adequate to allow the
full development of the proposed use, in a manner not detrimental to the particular area or to the
health and safety because the facility would be located within an existing church building without
any additions or new construction.
4. The traffic generated by the Proposed Project will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area because the
traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding
streets, adequate parking will be provided to accommodate the use, and measures will be
implemented to provide more efficient on-site circulation.
5. The granting of the conditional use permit under the conditions imposed will
not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed
use will continue to be integrated within the existing church and would not pose a health or safety
risk to the citizens of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby approve Conditional Use Pern-iit No. 2017-05944, contingent upon and subject to the
conditions of approval described in Exhibit B attached hereto and incorporated herein by this
rzeference, which are hereby found to be a necessary prerequisite to the proposed use of the Property
in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim.
Extensions for further time to comiclete conditions of Akublroval maw,
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 (s), (ii) the modification
complies with the Code and (iii) the applicant has demonstrated significant progress toward
establishment of the use or approved development.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation
of this permit may be processed in accordance with Chapters 18.6 0.190 (Amendment to Permit
Approval) and 18.60.200 (City -Initiated Revocation or Modification of Pen -nits) of the Anaheim
Municipal Code.
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BE IT FURTHER RESOLVED that the Planning Commission does hereby find
and determine that adoption of this Res
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 judgi-nent of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and
k
BE IT FURTHER RESOLVED that approval of this application constitutes
approval of the proposed request only to the extent that it complies with the Anaheim Municipal
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 February 5, 2018. Said Resolution is subject to the appeal provisions set forth in
Chapter 18.60 of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
CHAIRPERSON, P LANN IN"G-GC-OMMIS SION-
OF THE CITY OF ANAHEIM
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
1, 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
♦ held on February 5, 2018, by the following vote of the
members thereof -
AYES: COMMISSIONER$: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE,
KEYS, LIEBERMAN, WHITE
122141
IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of
February, 2018.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT 66 99
CONDITIONAL USE PERMITNO. 2017-05944
NO. CONDITIONS OF APPROVAL
PRIOR TO OCCUPANCY
1 A Fire alarm system shall be designed, installed and maintained
as required by the Fire Department.
2 Any service upgrade to the existing electric meter service shall
be approved by the Public Utilities Department.
3 Any changes to the trash storage and/or removal service shall be
approved by the Public Works Department.
RESPONSIBLE ,;
DEPARTMENT
Fire Department
Public Utilities
Electrical Engineering
Division
Public Works
Department,
Sanitation Division
4 All exterior doors to have adequate security hardware, e.g. Police Department
deadbolt locks, and have their own light source, which shall
adequately illuminate door areas at all hours to make clearly
visible the presence of any person on or about the premises and
provide adequate illumination for persons exiting the building.
"No Trespassing 602(k) P.C." shall be posted at the entrances of Police Department
parking lots/structures and located in other appropriate places.
Signs must be at least 2' x 1' in overall size, with white
background and black 2" lettering.
Rooftop address numbers for the police helicopter shall be Police Department
installed. Minimum size 4' in height and 2' in width, and the lines
of the numbers are to be a minimum of 6" thick. Numbers should
be spaced 12" to 18" apart. Numbers should be painted or
constructed in a contrasting color to the roofing material.
Numbers should face the street to which the structure is
addressed. Numbers are not to be visible from the ground level.
All entrances to parking areas shall be posted with appropriate Police Department
signs per 22658(a) C.V.C., to assist in removal of vehicles at the
property owners/managers request.
61
6
7
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111
8 The applicant shall obtain all necessary building permits to
complete the proposed interior remodel prior to commencement
of the business operation.
RESPONSIBLE
DEPARTMENT
Planning and Building
Department,
Building Division,
Planning Services
Division
9
The applicant shall complete installation of the proposed traffic
Planning and Building
guiding signs throughout the existing parking lot, as indicated on
Department,
the project plans on file in the Planning and Building Department,
Planning Services
prior to commencement of the business operation,
Division
OPERATIONAL
CONDITIONS
10
All classroom windows shall be left clear and unobstructed, to
Police Department
allow an unimpaired line -of -sight.
11
Adequate lighting of parking lots, passageways, recesses, and
Police Department
grounds contiguous to buildings shall be provided with lighting
of sufficient wattage to provide adequate illumination to make
clearly visible the presence of any person on or about the
premises during the hours of darkness and provide a safe, secure
environment for all person, property, and vehicles on-site.
1.2
The 14 parking spaces located adjacent to the
Planning and Building
preschool/kindergarten facility shall be reserved as a drop-off and
Department,
pick-up zone during the business hours of the school, as indicated
Planning Services
on the project plans on file in the Planning and Building
Division
Department.
1.3
The hours of operation of the preschool/kindergarten facility
Planning and Building
shall be limited to 6:00 a.m. to 6:00 p.m., and shall not operate at
Department,
the same time as any worship service or other events held by the
Planning Services
existing church. Any changes to these hours of operation shall be
Division
subject to review and approval by the Planning and Building
Director to ensure compatibility with the surrounding uses.
14
The preschool/kindergarten facility shall be limited to a
Planning and Building
maximum of 60 children.
Department,
Planning Services
Division
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
GENERAL
CONDITIONS
15
The preschool/kindergarten facility shall be operated in
Planning and Building
accordance with the Letter of Operation submitted as part of this
Department,
application. Any changes to the business operation as described.
Planning Services
in the Letter of Operation shall be subject to review and approval
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by the Planning and Building Director.
16
The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days
Planning and Building
of the issuance of the final invoice or prior to the issuance of
Department
building pen -nits for this project, whichever occurs first. Failure
to pay all charges shall result in delays in the issuance of required
Planning Services
permits or may result in the revocation of the approval of this
Division
application.
17
The Applicant shall defend, indemnify, and hold harmless the
City and its officials, officers, employees and agents (collectively
Planning and. Building
referred to individually and collectively as "Indemnitees") from
Department,
any and all claims, actions or proceedings brought against
" Indemnitees to attack, review, set aside, void, or annul the
Planning Services
decision of the Indemnitees concerning this permit or any of the
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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.
18
The Property shall be developed substantially in accordance with
Planning and Building
plans and specifications submitted to the City of Anaheim by the
Department,
applicant and which plans are on file with the Planning
Planning Services
Department and as conditioned herein.
Division
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