Resolution-PC 2007-107• •
RESOLUTION NO. PC2007-107
A RESOLUTION OF THE ANAHEIM PLANNING COMIVIISSION
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3726 AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. PC94-147
(TRACKING NO. CUP2007-05245)
(5310 EAST LA PALMA AVENLTE)
WHEREAS, on October 31, 1994, the Anaheim Planning Commission did, by its
Resolution No. PC94-147, grant Conditional Use Permit No. 3726 to expand a previously-
approved private educational institution as an accessory use to an existing church facility at 5300
East La Palma Avenue; and that certain conditions of approval were adopted therewith,
including approving Exhibit Nos. 1 through 3(Condition No. 5) and limiting the maximum
enrollment to 450 students (Condition No. 6); and
WHEREAS, on May 20, 1997, the Anaheim City Council did, by its Resolution No.
97R-70, amend certain conditions of the aforementioned Resolution No. PC94-147 to approve
Revision No. 1 of Exhibit No. 1(Condition No. 5), to increase the enrollment from 450 to 650
students provided that the increased enrollment was pernutted through June 20, 2002 at which
time the maximum number would revert to 450 students (Condition No.6), and to add certain
new conditions (Nos. 10 through 13); and
WHEREAS, on February 17, 1999, the Planning Commission did, by its Resolution
No. PC99-28, further amend the aforementioned Resolution No. PC94-147, as amended by
Resolution No. 97R-70, to expand the existing private school at 5310 East La Palma Avenue by
converting an existing warehouse and office into seven classrooms, to approve Revision No. 2 of
Exhibit Nos. 1 and 2(Condition No. 5), and to add certain new conditions (Nos. 14 through 23);
and
WHEREAS, on Februazy 10, 2003, the Planning Commission did, by its Resolution
No. PC2003-30, further amend the aforementioned Resolution No. PC94-147, as amended by
Resolution No. 99-28, to expand the existing private school at 5310 East La Palma Avenue by
converting a bookstore and storage area to classrooms and an assembly area, to convert parking
spaces to outdoor play area and amend a condition of approval to increase student enrollment
from 650 to 775 students, to approve Revision No. 3 of Exhibit Nos. 1 and 2; and
WHEREAS, this property is developed with church facilities including two
accessory schools at Vineyard Ministries and Fairmont Private School; that the property is
located in Development Area 2(Expanded Industrial Area ) of the SP 94-1(SC) (Northeast Area
Specific Plan - Scenic Corridor Overlay) Zone; that the Anaheim General Plan designates the
property for Low-Intensity Office land uses; and
-1- PC2007-107
• •
WHEREAS, the proposed plans (Revision No. 4 of Exhibit No. 1) show the
proposed conversion of an existing choir studio associated with the church into classroom, lab
and office area; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on September 17, 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 pernut 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 requested amendment/modification of use is properly one for which a
conditional use pernut is authorized by Anaheim Municipal Code Section 18.110.100.050.0528
(Private Educational Institutions).
2. That the proposed expansion of the school will not adversely affect surrounding
land uses because it consists of improvements to existing buildings.
3. That amending this 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 provides a
convenient service to residents.
4. That the traffic generated by the proposed use, as amended, will not impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the
area because there will be little or no additional traffic generated from this expansion.
5. That the size and shape of the site is adequate to allow the full development of this
use, as amended, in a manner not detrimental to the health and safety of the particular area.
6. 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 and does hereby find that the
Negative Declaration previously approved in connection with Conditional Use Permit No. 3726
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 does hereby amend, in their entirety, the conditions of approval adopted in
connection with Resolution No. PC94-147, as amended by Resolution Nos. 97R-70, PC99-28
and PC2003-30 and as adopted in connection with Conditional Use Permit No. 3726, to read as
follows:
-2- PC2007-107
• •
That the subject conditional use permit shall remain in effect only as long as it remains as an
accessory use to the primary church use of the property (currently Vineyard Christian
Fellowship).
2. That the property shall remain in conformance with the current versions of Engineering
Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway
locations.
3. That the proposal shall comply with all signing requirements of Development Area 2
(Expanded Industrial Area) of the SP 94-1(SC) (Northeast Area Specific Plan - Scenic
Corridor Overlay) Zone unless a variance allowing sign waivers is approved by the City.
Any additional signage shall be subject to review and approval by the Planning Commission
as a`Reports and Recommendation' item.
4. That the hours of operation, as stipulated to by the applicant, shall be the same as originally
approved for the existing private school, as follows:
Classes: 8:00 a.m. to 3 p.m., Monday through Friday
School Office Hours:7:00 a.m. to 6 p.m., Monday through Friday
5. That any proposed freestanding sign on subject property shall be a monument-type not
exceeding eight (8) feet in height and shall be consistent with the exhibits approved under
Variance No. 2002-04372. Said sign shall be subject to review and approval by the City
Traffic and Transportation Manager to determine adequate lines-of-sight.
6. That the enrollment at 5310 East La Palma Avenue (Fairmont School) shall not exceed
seven hundred seventy five (775) students.
7. That a wrought iron fence enclosure of the playground shall be maintained where the fence
is visible to La Palma Avenue; and that the remainder of the fence may be constructed of
chain link.
That all sewer and storm drain improvements shall be privately maintained.
9. That trash storage area(s) shall be maintained in location(s) acceptable to the Public Works
Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage area(s) shall be designed, located and screened so as not
to be readily identifiable from adjacent streets or highways. The walls of the storage area(s)
shall be protected from graffiti opportunities by the use of plants such as minimum one (1)
gallon sized clinging vines planted on maximum three (3) foot centers or tall shrubbery.
10. That an on-site trash truck turn-around area shall be maintained in accordance with
Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works
Department, Streets and Sanitation Division.
-3- PC2007-107
•
~
11. That all existing mature landscaping shall be maintained and immediately replaced in the
event that it becomes diseased or dies.
12. That the parking lot shall be maintained free of debris and/or loose gravel at all times.
13. 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 discovery.
14. That prior to final building and zoning inspections, or prior to commencement of the activity
authorized by this resolution, or within a period of one (1) year from the date of this
resolution, whichever occurs first, subject property shall be developed 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 labeled Revision No. 4 of Exhibit
Nos. 1 through 3, and as conditioned herein.
15. That extensions for further time to complete said conditions may be granted in accordance
with Section 18.60.170 of the Anaheim Municipal Code.
16. 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.
17. 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
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 discretionazy case application within 15 days of the
issuance of the final invoice, prior to commencement of the activity or prior to the issuance of
building pernuts for this project, whichever occurs first. Failure to pay all charges shall result in
delays in the issuance of required pernuts or the revocation of the approval of this application.
-4- PC2007-107
•
•
THE FOREGOING RESOLLJTION was adopted at the Planning Commission
meeting of September 17, 2007. 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.
~ , :~/ ,,, ~
,/~~~ ~~-}-/l ~~'
CHAIlZ AN, ANA IM PL ' G COMMISSION
,~
ATTEST:
~ ~~ y~ ~~
SECRETARY, ANAHEIM PLANNING COMMISSION
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 17, 2007, by the following vote of the members
thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
~G~U~ IN WITNESS WHE
~~ , 2007.
AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAKI,
ROMERO, VELASQUEZ
NONE
NONE
REOF, I have hereunto set my hand this ~ S~ day of
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-5- PC2007-107