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Resolution-PC 2002-104• • RESOLUTION NO. PC2002-104 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 3947, AND AMENDING THE CONDITIONS OF APPROVAL OF RESOLUTION NO. PC97-94, ADOPTED THEREWITH WHEREAS, on July 21, 1997, the Anaheim Planning Commission, by its Resolution No. PC97-94, granted Conditional Use Permit No. 3947 to permit a private school (grades 6 through 8, with up to 200 students) within existing church buildings at 622 North Gilbert Street, with waiver of minimum number of parking spaces (165 spaces required, 112 spaces approved); and that said resolution includes the following condition of approval: That this conditional use permit shall expire five (5) years from the date of this resolution, on July 21, 2002. WHEREAS, this property is developed with a church, private school and a gymnasium (Crescent Southern Baptist Church) in the RS-A-43,000 (Residential/Agricultural) Zone; and that the Anaheim General Plan designates the property for Medium Density Residential land uses; and WHEREAS, the petitioner has requested reinstatement of this conditional use permit to retain the private school (grades 6 through 8, with up to 200 students) in conjunction with an existing church with waiver of the minimum number of parking spaces, and without a time limitation; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 1, 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 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 hearing, does find and determine the following facts: 1. That the proposal to reinstate and amend this conditional use permit is authorized by Sections 18.03.090, 18.03.092 and 18.03.093 of the Anaheim Municipal Code. 2. That the proposal, as reinstated and amended, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located; that the use is consistent with the Anaheim General Plan and the zone district designation for the property; and that no Code amendments F~ave occurred that would cause this approval to be inconsistent with the Zoning Code. 3. That the size and shape of the site for the proposal is adequate to allow full development of the 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 will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. 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. Tracking No. CUP2002-04558 CR5411 DM -1- PC2002-104 • • 6. 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. 7. That granting this reinstatement, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 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 City Planning Commission has reviewed the proposal to retain a private school (grades 6 through 8, with up to 200 students) without a time limitation in conjunction with an existing church with waiver of the minimum number of parking spaces on a 1.89-acre property having a frontage of 132 feet on the east side of Gilbert Street, a maximum depth of 620 feet, being located 329 feet north east of the centerline of Crescent Avenue, and further described as 622 North Gilbert Street (Crescent Southern Baptist Church); and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 3947 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 amend Resolutio~ No.--97-94; adopted-in eortnection with Corrditional-Use Permit No~ 3947; to approve and reinstate a private school (grades 6 through 8, with up to 200 students) in two existing church buildings at 622 North Gilbert Street, with waiver of the minimum number of parking spaces (165 spaces required, 112 spaces approved), without a time limitation. AND BE IT FURTHER RESOLVED that the Planning Commission does hereby amend the conditions of approval in their entirety to read as follows: That the enrollment shall be limited to a maximum of two hundred (200) students. 2. That the school and extended daycare (for on-site school students only) hours shall be limited to 6:30 a.m. to 5:00 p.m., Monday through Friday. 3. That all school uses shall be limited to the ground floor level; and that prior to school use of any above ground level areas, the applicant shall obtain approval from the Building Division and Fire Department. 4. That a minimum of one hundred twelve (112) striped parking spaces shall be maintained at all times; and that the school may utilize a maximum of fifty three (53) parking spaces in the rear portion of the property behind Building No. 4 only during the hours of 6:30 a.m. to 5:00 p.m., Monday through Friday. 5. That any additional or modified signage for this facility (church and school) shall be subject to review and approval by the Planning Commission as a"Reports and Recommendations" item. 6. That four (4) foot high street address numbers shall be maintained and displayed on the roof of the building in a contrasting color to the roof material. The numbers shall not be visible to the street or adjacent properties. That the property shall be maintained in compliance with Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway locations, and as approved by the City Tra~c and Transportation Manager. -2- PC2002-104 ~ • 8. That the parking area behind Building No. 4 shall be secured to prevent vehicle access when the area is being used as a playground, in conformance with approved plans on file with the Zoning Division. 9. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 10. That the on-site landscaping and irrigation system shall be maintained in compliance with Ciry standards. 11. That subject property shall be maintained 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 9, and as conditioned herein, and as may subsequently be approved by the Fire Department and/or Public Works Department. 12. 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. July 1, 2002. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of d~z~~ - C ERSON, AN HEIM CITY PLANNING COMMISSION ATTEST: ~ ~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 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 Pianning Commission held on July 1, 2002, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BRISTOL, EASTMAN, KOOS, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOYDSTUN, VACANCY IN WITNESS WHEREOF, I have hereunto set my hand this ls~ day of , 2002. ~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2002-104