Resolution-PC 2005-16~ ~
RESOLUTION NO. PC2005-16
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PE7ITION FOR CONDITIONAL USE PERMIT NO. 2004=04945 BE GRANTED
(4905 EAST LA PALMA AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verifiedPetition for
Conditional UsePermit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL 1 AS SHOWN ON LOT LINE ADJUSTMENT NO. 277 RECORDED APRIL
2, 1992 AS INSTRUMENT NO. 92-205083, OFFICIAL RECORDS.
WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on January 24, 2005, at 2:00 p.m., notice of said public hearing having
been duly given as required by law and in accordance with the provisions of the Anaheim Municipaf
Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed
subdivision and to investigate and make findings and recommendations in connection therewith;
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 use is properly one for which a conditional use permit is authorized by Anaheim
Municipal Code Sections 18.120.070.050.0511, 18.120.070.050.0528 and 18.38.240 to establish a
private school (pre-school through high school) in conjunction with an existing religious assembly
(Cornerstone Church) and the use of a tent for temporary church services during the renovation of the `'
existing building to accommodate the proposed school facility with waiver of the following:
SECTIONS 18.06.050.0266 Minimum number of parkinq spaces 755 required;
397 existing and proposed, and recommended by the City
Traffic and Transportation Manager)
2. That the parking study indicates that peak parking demand for off-street parking spaces is
substantially lower than the quantity provided for the church and schooL
3. That the waiver, under the conditions imposed, will not increase the demand and competition
for parking spaces upon the public streets in the immediate vicinity of the proposed use. The proposed
project will not increase or compete for on-street parking because its parking lot has more than adequate
parking to accommodate both the proposed school and church use during peak parking demands.
4. That the waiver, under the conditions imposed, will not increase the demand for parking
spaces upon adjacent private property in the immediate vicinity of the proposed use. The project parking
lot is physically separated from other adjacent developments. Furthermore, there is no reason to
encroach onto other parking facilities because the projecYs parking lot provides ample parking as
indicated in the parking study.
5. That the waiver, under the conditions imposed, will not increase traffic congestion within the
off-street parking areas or lots provided for such use. That traffic and parking congestion will not occur
because the church and private school would operate at different times, and the method of operation is ,
such that the parking and loading areas for the private school would be segregated based on the grade
levels.
6. That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress
from adjacent properties upon the public streets in the immediate vicinity of the proposed use: The
cr1PC2004-016.doc -1- PC2003-16
~ ~
proposed school in conjunction with the existing church is physically separated from the adjacent private
properties. Therefore, there will be no impeding of vehicular access into or out of adjacent parking lots.
7. That the proposed use is properly one for which a conditional use permit is authorized by the '
Zoning Code.
8. That the proposed use as conditioned herein will not adversely affect the adjoining land uses
and the growth and development of the area in which it is proposed to be located because the'site
development standards of the underlying zone have been complied with, except for the parking waiver,
which has been reviewed and approved by the City's Trafficand Transportation Manager
9. That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area nor to the public
health and safety.
10. ' 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.
11. That no one indicated their presence at said public hearing in opposition; and 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 permit a school in conjunction with an existing church and the
use of a temporary tent for interim church services with waiver of minimum number of parking spaces and
does hereby approve the NegativeDeclaration upon finding that the declaration reflects the independent
judgment of the iead 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 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 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 health
and safety of the Citizens of the City of Anaheim:
1. That operation of the church and school shall be limited to to 1,500 congregants and 350 students.
The hours of operation shall be limited to the following, as stipulated by the petitioner in the letter of
operation.
Church services
Three (3) Sunday services: 9:00 a.m., 11:00 a.m. and 6:00 p.m.
Wednesday service: 7:00 p.m. to 9:00 p.m.
Church classes
Monday through Saturday 10:00 a.m. to 1:00 p.m.
Administrative/school office hours
Monday through Thursday: 8:00 a.m. to 5:00 p.m.
Pre-School
Monday through Friday 8:00 a.m. to 3:00 p.m.
' Day Care
Monday through Friday
Elementarv and Junior Hiah
7:00 a.m. to 6:00 p.m.
8:00 a.m. to 2:30 p.m.
-2-
PC2003-17 '
~ ~
Hiqh School 8:00 a.m. to 3:00 p.m.
2. That at'no time shall there be any outdoor storage on the site:
3. That no portable signs shail be utilized to advertise the church or school; and #hat a sign program
shall be submitted to the Planning Services Division for review and approvaL Any decision by staff
regarding signs may be appealed to the Planning Commission asa `Reports and Recommendations'
item.
4. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use.
5. That al{ applicable Fire Department and Building Division permits for the temporary tent shall be
obtained.
6. That the temporary tent shall be removed from the'property when the tenant improvements to the
building are completed or byJuly 24, 2005, whichever occurs first. The Planning Services Manager
shaH have the authority to extend the time period up to six (6) months. Any additional' extensions
shall be approved by the Planning Commission as a"Reports and Recommendations" item.
7. 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. '
8. 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.
9. That the developer shall submit street improvement plans prepared by a licensed Civil Engineer to
the Public Works department, Development Services Division to improve Manessero Street. A six
(6)-foot full width sidewalk and ADA compliant curb ramp shall be constructed in conformance with
Public Works Standard Details 110 and 111-2. A bond sha11 be posted in an amount approved by
the City Engineer and in a form approved by the City Attorney prior to the issuance of a building
permit. A Right-of-Way Construction Permit shall be obtained from the Development Services
Division for all work performed in the right-of-way. The improvements shall be constructed prior to
certificate of occupancy.
10. That the property owner shall irrevocably offer to dedicate to the City of Anaheim a corner cut-off at
Manessero Street and La Palma Avenue for road, public utilities and other public purposes.
11. That if the premises are equipped with an alarm system, a Burglary Alarm Permit Form ADP 516
shall be completed and submitted to the Police Department.
12. That minimum 4 foot high rooftop address numbers shall be displayed in a contrasting color on the
roofing material. Said information shall be specifically shown on plans submitted for Police
Department, Community Services Division approval.
13. That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses
and 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 persons, property, and
vehicles on-site. Said information shall be specifically shown on plans submitted for Police
Department, Community Services Division approvaL
-3- PC2003-17 -
! ~ _
14. That an Emergency Listing Card, Form ADP-281 shalibe completed and submitted and filed with the
Police Department.
15. Thatplacement of physical barriers capable of stopping or deflecting a moving vehicle (low concrete
wall, concrete planters, steel bollards, etc.) 6etween the day,care play area and the adjacentvehicle
path of travel shall be provided. Said information shall be specifically shown on plans submitted for
Police Department, Community Services Division approvaL
16. That all windows and entrances to and into the classrooms shall be left open, clear and
unobstructed, to allow an unimpaired line of sight by a peace officer into the interior of the classroom
during school hours; and that all classrooms doors shall be equipped with locks that can be locked
from the inside, allowing lockdown of those rooms in the event of criminal activity in, or around the
school buildings. Said information shall be specifically shown on plans submitted for'Police
Department, Community Services Division approvaL
17. That the on-site landscaping and irrigation system shall be maintained in compliance with City
standards.
18. That the fitness/dance room, gymnasium, book store and amusement area shall be accessory to,
and for the exclusive use of school and church patrons. No signage visible to the adjacent streets
shall be allowed for these accessory uses.
19. 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, and 2, and as conditioned herein.
20. That prior to 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, , 9, 10, 11; 12,13, 14, 15, 16, and 1T, above-
mentioned, shall be complied with. Extensions for further time to complete said conditions may be
granted in accordance with Section 18.60.170 of the Anaheim Municipal Code.
21. That prior to fina( building and zoning inspections, Condition Nos. 19, above-mentioned shall be
complied with. Extensions for further time to complete said conditions may be granted in
accordance with Section 18.60.170 of the Anaheim Municipaf Code.
22. 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 the 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 the applicant is responsible for paying all charges
related to the processing of this discretionary case application within 7 days of the issuance of #he final
invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay
alf charges shall result in delays in the issuance of required permits or the revocation of the approval of
this application.
-4- PC2003-17
~ ~
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 24, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60,
"Procedures" of the'Anaheim Municipal Code pertaining to appeal roc es' and ma be replaced by a
City Council Resolution in the event of an appeal.
IR , ANAHEIM PLANNING COMMISSION
ATT T:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM ) :
I, Pat Chandler, 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 January 24, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: EASTMAN, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: BUFFA, FLORES
ABSENT: COMMISSIONERS: NONE
VACANCY: COMMISSIONERS: TWO VACANCIES
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
_ , 2005.
~~ ~~ ,~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~
SENIOR SECRETARY, ANAHEIM PLANN{NG COMMISSION -