Resolution-PC 2007-105~ ~
RESOLUTION NO. PC2007-105
A RESOLUTION OF THE ANAHEIM PLANNING CQMMISSION _
APPROVIlVG AN AMENDMENT TO CONDITIONAL USE PER~YIIT NO. 3947
AN~ AMENDING CERTAIN CONDITIONS OF.APPROVAL OF RESQLjJTION NO. PC97-94
(TRACKINGNQ. CUP2007-05240)
(622 NORTH GILBERT 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
Qrange, State of California, described as:
THE LAND REFERRED Tp IN THIS REPORT IS SITUATED IN THE STATE
OF CALIFORNIA,;COUNTY OF ORANGE, AND IS DESCRIBED AS
FQI;LOWS:
ALL THAT CERTAIN REAL PROPERTY SITiJATED IN THE R.ANCHO LOS
COYOTES, AS SHOWN ON'A MAP THEREOF RECORDED IN BOOK 51
PAGE IO, luIISCE~.LANEOUS MAPS, RECORDS OF SAID ORANGE '
COUNTY, DESCRIBED AS FOLLOWS:
THE NORTH 2 ACRES OF THE SOUTH 7 ACRES OF THE WEST HALF OF
THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 7, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST.
. WHEREAS, on July 21, 1997, the Anaheim Planning Commission, by its
Resolution No. PC97-94 approved Conditional Use Permit No. 3947 to permit a private school
(grades 6 through 8 with up to 200 students) within an existing church with waiver of minimum
number of parking spaces; and
WHEREAS, the property is currently developed with a church and grade school;
that the facility is zoned Transition (T); and the Anaheim General Plan designated this property
for Medium Density Residential land uses; and
WHEREAS, the applicant has requested amendment of this conditional use permit
to expand an existing private school in an existing church pursuant to Code Section
18.14.030.040.0402 (Educational Institutions - General) of the Anaheim Municipal Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on September 5, 2007, 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
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WI~3EREAS, 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 saic~ hearing,' does find and determine the following facts:
1: That the proposal to amend a previously-approved conditional use permit to expand
an existing private school in an existing chzzrch is properly one for which a conditional use permit is
authorized by Anaheim Municipal Code Section 18.14.030.040.0402 (Educational Institutions-
General).
2. That the proposed expansion of the existing school would 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 was previously approved with a similar land use with no adverse affects to adjoining
land uses.
3.' That the size and shape of the site for the school is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area or to health and .
safety.
4: That 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 and will provide a land use
that is compatible with the surrounding area.
5. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORrTIA ENVIRONMENTAL OUALITY ACT FINDING: That the Anaheim
Planning Commission has reviewed the proposal to amend a previously-approved conditional use
permit to expand an existing private school in an existing church and does hereby find that the
Negative Declaration previously approved in connection with the existing school is adequate to serve
as the required environmental documentation in connection with this request.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission, for the reasons hereinabove stated does hereby grant the amendment to Conditional
Use Permit No. 3947 to expand an existing private school in an existing church.
BE IT FURTHER RESOLV~D that Ana.heim Ciry Planning Commission does hereby
amend the conditions of approval of Resolution No. PC.97-94 pertaining to Conditional iJse Permit
No. 3947, in their entirety, as follows:
Prior to final buiiding and zoning inspections the followinQ conditions shall be comnlied with:
1. That subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the applicant and which plans are on file
with the Planning Department marked Exhibit No. 1 Rev. No. 1, Exhibit No. 2 Rev. No. 1;
Exhibit No. 4 Rev. No. 1, Exhibit No. 5 Rev. No. 1, Exlubit No. 6 Rev. No. 1, Exhibit No. 7
Rev No. 1, and Exhibit Na 10, and as conditioned herein.
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General Conditions:
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 remova~ of graffiti within
twenty-four (24) hours from the time of discovery. - '
3. That there' shall be a maximum of 9 classrooms, 10 teachers and the maximum number of high
school students shall not exceed 48 students.
4. That any additional or modified signage for this facility (church arid school) shall be subject to
the prior review and approval by the Planning Commission as a"Reports and
Recommendations" item.
5. That the onsite landscaping and irrigation system shall be maintained in compliance with City
standards. :
6. (a) That a minirnum of one hundred twelve (112) striped parking spaces shall be maintained
at all times; and
(b) That the school may utilize a maximum of fifty three (53) parking spaces in the rear ,'
portion of the property behind Building Na 4 for outdoor recreational purposes during
the hours of 6:30 a.m. to 5 p.m., Monday through Friday only.
7. That the parking waiver is contingent upon operation of the use in conformance with the
assumptions relating to the operation and intensity of use as contained in the parking demand
study that formed the basis for approval of said waiver. Exceeding, violating, intensifying or
otherwise deviating from any of said assumptions as contained in the parking demand study,
shall be deemed a violation of the expressed conditions imposed upon said waiver which shall
subject this church and school to termination or modification.
8. That the school and extended day care hours (for on-site school students only) shall be limited
to 6:30 a.m. to 5 p.m., Monday through Friday.
9. 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.
10. That extensions for further time to complete conditions of approval may be granted in
accordance with Section 18.60.170 of the Anaheim Municipal.
11. 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.
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BE IT FURTHER RESOLV~D that the Anaheim Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon 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, shallbe 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 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 thePlanning Commission
meeting of September 5, 200T. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60; "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal
procedures and may be replaced by a City Council Resolution in the event of an appeal:
CHA~N, ANAHEI~$,~'/ LANNING C4IVIMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSIqN
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 September 5, 2007 by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EAST'MAN, FAESSEL, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this /g T~ day of
t , 2007.
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SE1vIOR SECRETARY, ANAHEIM PLANNING CpMMISSION
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