Resolution-PC 2002-100~ !
RESOLUTION NO. PC2002-100
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING A PRIVATE SCHOOL (PRESCHOOL THROUGH 8TH GRADE IN
CONJUNCTION WITH A CHURCH) WITHOUT ANY TIME LIMITATION,
AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC92-65,
AS AMENDED BY RESOLUTION NO. PC98-67 AND APPROVED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 3506
WHEREAS, May 18, 1992, the Anaheim Planning Commission, by its Resolution No.
PC92-65, granted Conditional Use Permit No. 3506 to 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 specified that the use was approved for a period of five years, provided that time
extensions could be sought in connection with public hearings; and
WHEREAS, on April 27, 1998, the Planning Commission, by its Resolution No. PC98-67,
amended the above-mentioned Condition No. 9 to permit the use for an additional five years to expire on
May 18, 2002 and to add a new Condition No. 11 pertaining to submittal of a covenant acknowledging
that industrial uses were permitted in the area and that such industrial uses might change in connection
with a Specific Plan Adjustment without further notice to the subject property owner; and
WHEREAS, this property is currently developed with a church and two accessory private
schools (Fairmont being the second school); that the underlying zoning is Development Area 2(SC)
(Ekpandecl Indusfriaf Area - Sc~r~i~ Corridor Ov~rtay) in the NortheastArea Specific Pfan No. 94-'f; and
that the Anaheim General Plan designates the property for General Industrial land uses; and
WHEREAS, the petitioner has requested reinstatement of the private school (pre-school
through 8th grade) in conjunction with the previously approved church, without any time limitation and
amend the conditions of approval accordingly; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 3, 2002, at 1:30 p.m., notice of said public hearing having been duly given
as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidence for and against said proposed reinstatement and amendment, and to
investiga#e and make findings and recommendations in connection therewith; and that the hearing was
continued to the June 17, 2002 Planning Commission meeting; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of a11 evidence and reports offered at said hearing, does find
and determine #hs follo~ving facts:
1. That the proposal to retain a private school (pre-school through 8t'' grade) without any
time limitation in conjunction with the previously approved church and to amend the conditions of
approval is authorized pursuant to Section 18.03.093 of the Anaheim Municipal Code.
2. That the use, which is accessory to the church, will not adversely affect the adjoining land
uses and the growth and development of the area in which it is located; and that a time limitation is not
necessary because the church was approved without any time limitation and since this school is
accessory to the church, if the church were discontinued this school would also have to be discontinued.
3. That the size and shape of the site for the proposal is adequate to allow fuil development
of the use in a manner not detrimental to the particular area nor to the peace, health, safety and general
welfare.
Tracking No. CUP2002-04562
CR5404DM -1- PC2002-100
~ i
4. That the traffic generated by the use will not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area.
5. That granting this reinstatement, under the conditions imposed and without any time
limitation, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City
of Anaheim.
6. That this conditional use permit is being exercised in substantially the same manner and
in conformance with all conditions and stipulations originally approved by the Planning Commission; and
that field inspection by Code Enforcement staff indicates that use of the property complies with the
conditions of approval.
7. That this conditional 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 to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Ciry
Planning Commission has reviewed the proposal to retain a private school (Vineyard Christian School,
pre-school through 8'h grade) in conjunction with a previously approved church (Vineyard Ministries) and
a second private school (Fairmont); and does hereby find that the Mitigated Negative Declaration
previously approved in connection with Conditional Use Permit No. 3506, including Mitigation Monitoring
__ Program No. 0052, 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 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 reinstate the private school (preschool through 8th grade) in conjunction with the previously
approved church at 5340 East La Palma Avenue without any time limitation; and
BE IT FURTHER RESOLVED that the conditions of approval of Resolution No. PC92-65,
as amended by Resolution No. PC98-67 and adopted in connection with Conditional Use €'ermit No.
3506, are hereby amended in their entirety to read as follows:
(a) That the to#a! nurnber of students shall be limited to four hundred ninety (490).
(b) That regufar schooi hours shaii be iimited to 8:15 a.m. to 3:O~D p.m., Monday #hrough Friday.
2. That the developer shall be responsible for compliance with all mitigation measures within the
assigned time frames and any direct costs associated with Mitigation Monitoring Program No. 0052
(Attachment A) as established by the City of Anaheim and as required by Section 21081.6 of the
Public Resources Code to ensure implementation of those identified mitigation measures.
3. That within three (3) months from the date of this resolution, a traffic/pedestrian warrant study shall
be submitted to the City Traffic and Transportation Manager to determine the need for a traffic signal
at the intersection of La Palma Avenue and Brasher Street, and for beacon flashers for "finrenty five
miles per hour (25 mph)" signs.
If the study shows that State of Califomia warrants are satisfied, the traffic signal and flashing
beacons shall be installed within one (1) year from the date said determination is made; and that a
performance bond, in an amount approved by the City Engineer and in a form approved by the City
Attorney, shall be posted with the City of Anaheim within two (2) months from the date of the
determination to guarantee installation of said improvements.
-2- PC2002-100
~
i
4. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 3, and as conditioned herein.
5. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning 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
June 17, 2002.
~ ~ ~
n
CHAIRPER N, ANAHEIM CI PLANNING COMMISSION
ATTEST:
~C.Q~
SECRETARY, ANAHEI CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
GOlIIVTY OF ORRN6€ } ss. - -
CITY OF ANAHEIM )
I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on June 17, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~h D~ day of
, 2002.
~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3- PC2002-100
i
ATTACHMENT A
MITIGATION MONITORING PROGRAM NO. 0052
,~E4.A ACTOQN: Mltigated Negatlve Oecia~atlon
Project Oescrl t21on: To permit a prtvat~ school (K-t2) in conJunction w(th a previously app~oved church.
Owner~AQ,plica~t: Vlneyard Christlan Fellowship, 5340 East La Palma Avenue, Anaheim CA
nt• Philtlp R. Schwartze, PRS G~oup. 27132-B Paseo Espada, Suite 1222, San Juan Capistrano, CA 92675.
PH: (714) 240-1322
~~
prpJect Lvicetlon: 5309-5~44 E~St La Palm& AvQn~e ~ .
City Actlon~~ Condltlonal Use Permit No. 3506
Resolut(on No:
MITIGATION MEASURES ~
Ttming Measure Rssponslbls A~ency Compl~ticn
to Monitor
Prior to Issuance That a contribution shall be made to the City of Anahelm to Trafftc Engineer Dfvlsio~
of a building fund improvements to the La Palma Avenue co~ridor between
permit Tustln Avenue end Impe~la! Highway. Such contrlbution shall
be subJect to adJustment In ~ccordance with the Englneering
News Record-Constructlon Cost inciex fo~ the Los Angeles
Area. This contrtbutlon ts based upon the proJect'a ~
propoitlonate sha~e of cont~ibuted traN(c to cumulatively added
trattic volumes th~oUghout the La Palma Avenue Cdcrtdor
between Tustln Avenue and Imperlal Hlghway.
i