Resolution-PC 2006-65-
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RESOLUTION NO: PC2006=65
' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THA7PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05084 BE GRANTED
' , (2530 WEST LA PALMA AVENUE)
< WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Rermit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
PARCEL 1 AND 2 IN THE CITY OFANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 51,`PAGE 8 OF PARCEL
MAPS, !N THE OFFICE OF THE COUNTY RECORDER OF SA4D COUNTY.
WHEREAS, :the Pfanning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on July 10, 2006, at 2:30 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 18.60, 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 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 proposed request to retain and expand an existing private school which shares the
site with an existing church,.to permit grades 1 through 7 to an existing school for grades 8 through 12 is
- ' properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section
18:14.030.040.0403 (Educational Institutions-General) with the following waiver:
SECTION NO. 18.42.040.010 Minimum number of parkinq spaces _
172 required; 61 proposed)
2. That the parking waiver is hereby approved based upon a parking analysis dated May 31,
` 2006, prepared bythe City's Independent Traffic Engineer providing evidence that adequate parking exists
on the property to retair- and expand an existing private school in conjunction with an existing church.
3. That the parking waiver, under the conditions imposed, will not cause fewer off-street
parking spaces to be provided for the school expansion and church operations than the number of such
spaces necessary to accommodate all vehicles attributable to such uses under the normal and reasonable
foreseeable conditions of operation.
4. That the parking waiver, under the conditions imposed, if any, will not increase traffic
congestion and will not increase the demand and competition for parking spaces upon the public streets in
the immediate vicinity of the use because the supply of parking spaces is adequate for the anticipated
parking demand and no congestion within the parking lots is expected. The school staff also monitors the
drop-off and pick-up procedures, such that the teachers are able to direct vehicles through the site to avoid
any queuing of vehicles onto La Palma Avenue.
5. That the parking waiver, under the conditions imposed, will not increase the demand and
competitiorrfor parking spaces upon adjacent private property in the immediate vicinity of the proposed use.
because as indicated in the parking study, adequate parking to accommodate the anticipated peak parking
demand for the church and private school will be provided on-site.
6. That the parking waiver, under the conditions imposed if any, will not impede vehicular
ingress to or'egress from ad}acent properties upon the public streets in the immediate vicinity of the
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proposed use because the project site is physically separated from`adjacent private properties. Furthermore,
. it has been determined by the parking study that adequate on-site queuing and parking are being provided.
7. That the use will not adversely affect the ad}'oining land uses or the growth and develapment
of the area in which it is proposed to be located as the parking study has demonstrated that the site can
accommodate the combined uses on-site and a portion of the proposed use is already operating in a manner
, ° that is not adversely affecting adjoining land uses,
8. That 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 evidenced by the lack of
Community Preservation complaints for the existing operation of the church and schooL
9. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved #o carry the traffic in the area.
10. That the size and shape of the site is adequate to allow the full development of the proposed
use in a manner not detrimental to #he particular area or`the health and safety.
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 ENVIRONMEN7AL QUALITY ACT FINDING That the Planning Commission
has reviewed the proposal and does hereby approve.the Negative Declaration upon finding that the
declaration reflects the independent judgmenf 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 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 Planning Commission does
hereby grant subject Petifion 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
heath and safety of the Citizens of the City of Anaheim:
1. That the school and church shall operate consistent with assumptions contained in the approved
parking study. lf at any such time the operational characteristics of the church change, a detailed
description of the operational changes shall be submitted for review by the City's Traffic and Parking
Consultant to determine if the changes would cause fewer off-street parking spaces to be provided
than required to serve the activities on the property. If it is determined the expected demand is greater
than the spaces provided on site, an application for modification of the conditional use permit shall be
submitted to the Planning Services Division for approval by the Planning Commission.
2. That any additional signs 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 as a`Report and
Recommendation' item.
3. That the property shall be permanently maintained in an orderly fashion through the provisions of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four
(24) hours from time of occurrence.
4. ~hat drop-off vehicles shall be routed through the site and out via the easterly drive aisle.
5. That the school shall be responsible for securing overflow parking on adjacent property for large
assemblies in which parents are invited and all teachers are present on campus together.
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6. 7hat the school shall be responsible for coordinating with the church to ensure that the school and
church shall not hold assemblies or services concurrently during the week.
7: That the property owner shall submit a letter requesting termination of Conditional Use Permit No.
3538 (to permit a private educational facility (8th grade through 12th grade) in conjunction with an
existing church) and Conditional Use Permit No: 3424 (to permit a pre-school in an existing church and
the construction of finro 1,492-square.foot modular housing units for pastor's quarters with waiver of
minimum required yard, minimum number of parking spaces and maximum structural height) to the
Planning Department.
8. That the applicant shall submit plans to the Building Division which demonstrates compliance with
- exiting and other applicable building and fire coderequirements.
9. That a fire alarm system shall be designed, install,ed and maintained as required by the Fire
Department. Said information shall be specifically shown on plans submitted for building permits.
10. That four (4) foot high address numbers shall be displayed on #he roof of the building in contrasting
color to the roof materiaL The num6ers shall nofbe visible to adjacent and nearby streets or
properties." Said information shall be specifically shown on plans submitted to the Police Department,
Community Services'Division, for review and approvaL
11. 7hat an Emergency Listing Card, Form ADP-281 shall be completed and submitted in a completed
form to the Anaheim Police Department.
12. This condition of approval was deleted at today's public hearing.
13. That gates shall not be instaAed across any driveway or private street in a manner, which may
adversely affect vehicular traffic on the adjacent public street. Installation of any new 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 prior to issuance of a building permit.
14. That plans shall be submitted to the City Traffic and Transportation Manager for his review and
approval in conformance with the Engineering Standard No. 115 pertaining to sight distance visibility
for any new sign or wall/fence location.
15. That the subject property shaA be deVeloped substantiaAy in accordance with the plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the
Planning Department Exhibit Nos. 1 through 8 and as conditioned herein.
16. That the maximum permitted enrollment of students shall be 144.
17. That the unpermitted storage containers located in the southern parking lot shall be removed within
thirty (30) days from the date of this resolution.
18. This condition of approval was deleted at today's public hearing.
19. That prior to fina! building and zoning inspections, or within a peciod of thirty (30) days from the date of
this resolution, whichever occurs first, Condition Nos. 7, 8, 10, 11, 13 and 17, above-mentioned, shall
be complied with; and within a period of sixty (60) days from the date of this resolution, whichever
occurs first, Condition No. 9, 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.
20. 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
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regulations. Approval does not include any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regufation or requirement. `
21: That 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 Anaheim Municipal Code and
(iii) the applicant has demonstrated significant progress toward establishment of the use or approved
: development. _
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 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 15 days of the issuance of the final invoice or
prior to the commencement of the activity or 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 fhis application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
July 10, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to a al ures a m replaced
by a City Council Resolution in the event of an appeal. ~
CHAIRMAN, AHEIM PLANNING COMMISSION
ATTEST:
,~IJ~P~,~rwZ-- /~~ ~e'1'~'~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
f, 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 July 10, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KARAKI
IN WITNESS WHEREOF, 1 have hereunto set my hand this ~-day of
, 2006.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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