Resolution-PC 2004-145~ ~ _
RESOLUTION NO. PC2004-145 '
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04926 BE GRANTED
(1136 NORTH BROOKHURST STREET)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as
THAT PORTION OF TME SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 5, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES,
CITY OF ANAHEIM, COUNTY OF -ORANGE, STATE OF CALIFORNIA, AS PER: MAP
RECORDED W BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY,'DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION, NORTH 0° 19' 44" WEST
645.00 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION; THENCE NORTH 89°
40' 16" EAST 270.00 FEET; THENCE NORTH 0° 19' 44" WEST 88.59 FEET PARALLEL WITH
SAID WEST LINE; THENCE NORTM 31° 17',34" WEST 17.70 FEET TO ANANGLE POINT
ON THE 80UTHERLY LINE OF LOT 152 OF TRACT NO. 2093, AS PER MAP RECORDED W '
BOOK 76, PAGES 45 TO 48 INCLUSIVE OF SAID MISCELLANEOUS -MAPS; THENCE
SOUTH 60° 36' 30" EAST 62.30 FEET; THENCE SOUTH 0° 19' 44" EAST 152.88 FEET;
THENCE SOUTH 89° 40' 16" WEST 315.00 FEET TO SAID WEST LINE; THENCE NORTH 0° '
19' 44" WEST 80.00 FEET TO THE POINT OF BEGINNING.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of '
Anaheim on December 13, 2004, at 2:00 p.m., notice of said public hearing having been duly given as required
byJaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 (Procedures), to
hear and consider evidence for and against said proposed conditional use permit and to investigate and make
findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study madeby 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 proposed use is properly one for which a conditional use permit is authorized byAnaheim
Municipal Code Section 18.08.030.040.0402 to establish a private school in conjunction with an existing
religious assembly.
2. That the subject property is developed with an ex'isting religious assembly, is zoned General
Commercial and that the Anaheim General Plan Land Use Element Map designates the site for General
Commercial land uses.
3. That the proposed use will not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located.
4. That the size and shape of the site for the proposed use is adequate to allowfull development of:
the school in conjunction with an existing religious assembly in a manner not detrimental to the particular area
nor to the health and safety.
5. That the traffic generated by the proposed use will not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area. ~
6. That granting #his conditional use permit, under the conditions imposed, will not be detrimental to
the health and safety of the citizens of the City of Anaheim because the proposal complies with all the applicable
site development and zoning standards; for properties and uses in the CG zone.
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7. That no one indicated their presence at said public hearing in opposition; that no correspondence
was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to establish a private school in conjunction with an existing religious
assembly and does hereby approve the Negative Declaration upon finding that the declaration reflects the
independenf judgment of the lead agency and that it has considered the Negative Declaration together with any
comments received during the public review process and further finding on the basis of the initial studyand any
comments received that there is no substantiaf evidence that the project will have a significant effect on the
environment.
NOW; THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby
grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a
necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general
welfare of the Citizens of the City of Anaheim:
1. That school shall be limited to Monday through Thursday from 8:00 a.m. until 3:00 p.m., and until 1:00
p.m: on Friday: ; The office hours for administration shall be limited to Monday through Thursday, 7:30
a.m. to 4:00 p.m., and Friday from 7:30 a.m. to 1:00 p.m, as stipulated by the petitioner in the letter of
operation. That enrollment shall be limited to 120 students. _
2. 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.
3. That at no time shall there be any outdoor storage on the site.
4. That plans analyzing the existing building conditions and the codes applicable to the proposal, shall be
submitted to the Building Division for review and approval to ensure compliance with such Building and
Safety Code requirements (i.e., exiting requirements and occupancy loads). Said plans shall be prepared
by a licensed architect and/or engineer.
5. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards.
6. That if the church/school is equipped with an alarm system (silent or audible) a Burglary/Robbery Alarm
Permit application shaA be completed and submitted to the Police Department.
7. That a double trash enclosure shall be provided and maintained in'a location acceptable to the Public
Works Department and in accordance with approved plans on file with said Department.
8. That a plan for solid waste storage, collection and a plan for recycling shall be submitted to the Public
Works Department for review and approval.
9. That an on-site trash truck turnaround shall be_ provided per Engineering Standard Detail No. 610. Said
information shall be specifically shown on plans submitted to the Public Works Department for review and
approvaL
10. That no gates shalf be installed across any driveway in a manner, which may adversely affect vehicular
traffic on the adjacent public street. Installation of any gates shall conform to the Engineering Standard
Plan No. 475 and shall be subject to the review and approval of the City Traffic and Transportation
Manager.
11. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval
in conformance with the current version of Engineering Standard Plan Nos. 436, and 470 pertaining to
parking standards and driveway location. Subject property shalf thereupon be developed and maintained
in conformance with said plans. ,
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12. That no compact parking spaces shall be permitted.
13. That all requests for new water services or fire lines as well as any modifications, relocations, or
abandonment of existing water services and fire lines, shall be coordinated through Water Engineering
Division of the Anaheim Fublic Utilities Department.
14. Thatthe trailer on-site shall be removed within 30 days from the date of the approval of this project.
15. That no outdoor play activity shall occur adjacent to the residential zone boundary. '
16. That no outdoor special events shall be permitted:
17. That any proposed signage shall besubmitted to the Planning Services Division for review and approvaL
Any decision made by the Planning Services Division regarding the signage may be appealed to the
Planning Commission as a Reports and Recommendation item.
18. 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 3, and as conditioned herein.
19. That prior to commencement of the activity authorized by this resolution or issuance of a building permit or
within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 4, 7, '
8; 9, 10, and 11, above-mentioned, shall be complied with. Extensionsforffurther time to complete said
conditions may be granted in accordance with Section 18.60.170 (Extensions of time to comply with
conditions of approval) of the Anaheim Municipal Code.
20. That prior to final building and zoning inspections, Condition Nos. 6 and 18, above-mentioned, shall be
complied with.
21. 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.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicanYs 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 competentjurisdiction, then thisResolution, and any
approvals herein contained, shall be deemed null and void.
AND BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges
related to the processing of this discretionary case application within 7 days of the issuance of the final invoice
or prior to the issuance of building permits for this project, whichever occurs first: Failure to pay all charges shall
result in delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 13, 2004. Said resolution is subject to the appeal provisio s rt in Chapter 18.60 `Procedures" '
of the Anaheim Municipal Code pertaining to appeal procedures a be place y Council
Resolution in the event of an appeaL
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CHAI M AH PLANNING COMMISSION
ATT T: ~
ENI RETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA ) ;
COUNTY OF ORANGE ) ss -
CITY OF'ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on
December 13, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, ROMERO, VELAZQUEZ
NOES: COMMISSIONERS: FLORES
ABSENT: COMMISSIONERS: O'CONNELL
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this ~/~;~~Y of , 20~
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SENIOR SECRE ARY, ANAHEIM PLANNING COMMISSION
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