Resolution-PC 2008-105RESOLUTION NO. PC2008-105
A RESOLUTION OF THE ANAHEIM PLANNIIVG COMMISSION
DETERMINING THAT A PREVIOUSLY-APPROVED CEQA NEGATIVE DECLARAT30N
IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
AND APPROVING AN AMENDMENT TO CONDITIONAL
USE PERMITNO. 2871 AND RESOLUTION NO. 87R-48, AS PREVIOUSLY AMENDED.
(2323 WEST BROADWAY)
WHEREAS, on Jamiary 5, 1987, the Maheim City Planning Commission, by its
Resolution No. PC87-O5, did approve Conditional Use Pemut No. 2871 for an expansian to an
existing private educational instituTion; and
WHEREAS, on September 20, 2004, the Anaheim City Planning Commission, by
its Resolution No. PC2004-106, did approve an amendment to Conditional Use Permit No. 2871
(Tracking No. CUP2004-04872) for Yhe construction of a gymnasium in coajunction ~vith the
existing scbool; and
WHEREAS, the project is developed with a priuaCe educational institution, and is
located in the Transition (T) zone; that the Anaheim General Plan designates this property for
School uses; and
WHEREAS, the Anaheim Planning Commission did receive a verified Petition
for certain real property in the City of Anaheim, County of Orange, State of Califomia, shown on
Exhibit A, attached hereto and incorporated herein by this reference for an amendment to
previously-approved Conditional Use Permit No. 2871 to modify the approved plans to add
approximately 2,413 square feet of classroom area to the previously-approved gymnasium and
art complex and to construct the building in two phases; and
W~3EREAS, the Planning Coznmission did hold a public hearing at the Civic
Center in the City of Anaheim on October 27, 2008, at 230 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
amendment to the conditional use permit and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and shidy 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 an amendment to the condiYional use permit to modi£y plans to inczease the
gymnasium and art complex with an additional 2,413 square feet of classroom area and to
construct the building in lwo phases is permitted imder authority of Code Secrion 18.60190;
2. That an amendment to the conditional use permit will not adversely~afFect the
adjoining land uses or the growth and development of the area because the additional classrooms
are consistent with the school use on the property;
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3. That the size and shape of rhe site for the school, as amended, is adequate to allow
fiill development of the proposed use in a manner not detrimental to the particular area nor to the
peace, health, safety, and general welfaze because the classroom addition would be at the rear of
the building, not adjacent to the residential land uses and the school does not propose to incre~se
enrollment or the faculty and therefore, would not create additional vehicular traffic and parking
demand;
4. That gtanting of the amendment to the conditional use permit under the conditions
imposed will not be defimental to the health and safety of the citizens of the City of Anaheim
and will gXOVide a laud use that is compatible with the surrounding area beoause the requesTed
modifications wouid allow activities that are consistent with the existing school use;
5. That the amendment wiil not cause fewer off-street parldng spaces to be provided
for the school since student enrollment and faculty would not ba increased and therefore, parking
demand would not change; and
6. That no one indicated their presence at said public hearing in opposition; and that
no correspondence was received in opposition to the subject petition.
NOW THEREFORE BE IT RESOLOVED that the Anaheim Planning
Commission has reviewed the proposal and does hereby find that the Negative Declaration
previously-approved in connection with Conditional Use Permit No. 2871 is adequate to serve as
the required environmenCal documentation in connection witki this request.
NOW THEREFORE BE IT RESOLVED that the Anaheim Planning Commission
for the reasons hereinabove stated does hereby approve the proposed amendment to Conditional
Use Permit No. 2871 as requested by the applicant.
BE IT FURTHER RESOLVED Yhat the Anaheim Planning Commission for the
reasons hereinabove stated does hereby amend, in their entirety, the conditions of approval
adopted in connection witb Planning Commission ResoluCion No. 87R-48, as previously
amended, and as adopted in connacCion with Conditional Use PermiY No. 2871, as described in
Exhibit "B" attached hereto and incorporated by this reference, which are hereby found to be a
neeessary prerequisite to the proposed use of the subject property in prder to preserve the health,
safety and general welfare of the Citizens of the City of Anaheim.
BE IT FURTHER RESOLVED, that this permit is approved without limitations
on the hours of operation or the duration of the use. Amendments, modifieations and revocations
of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (Ciry-Initiated Revocatiap or Modification ofPermits) ofthe Anaheim
Municipal Code.
m
BE IT F[JRTHER RESOLVED that the Anaheim Planning Commission does
hereby 5nd 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,
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or any part thereof, be declared invalid or unenforceable by the final judgment of the court of
competent junsdiction, then this Resolution, and any approvals herein contained, shall be deemed
null and void.
BE IT FURTHER RESOLVED that the property owner/applicant is responsible for
paying all chazges related to the processing of this discretionary case application within 15 days of
the issuance of the final invoice, prior to the issuance of building permits or commencement of
activiTy for this project, whichever occurs first. Failure to pay all chazges shall result in delays in
the issuance of required pernuts or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of October 27, 2008. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and
may be replaced, by a City Council Resolution iyY~he event of an appeal. /
CHAIRMAN PRO-
ANAHEIM PLANNING COMMISSION
ATTEST:
~~'c%~l~r1.- i~~"U---~
SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY pF ANAHEIM )
I, Eleanor Monis, 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 October 27, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL,
RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KARAKI
IN WITNESS WHEREOF, I have hereunto set my hand this ~~~' day of
November, 2008.
~~ / v~
SECRETARY, ANAHEIM PLANNING COMMISSION
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EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 2871
BROADWAY
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2871
Responsible for
No. Conditions of Approval Monitoring
PRIOR TOtSSUANCE OF.9 GRADINGPERMIT
1 Tbat prior to tUe issuance of grading pemtit, tUe applicant shall subznit Yo tl~e Public Public Works
Works Deparhnent Development Services Division for review and approval a Water
Quality Management Plan fitiat:
o Addresses Site Dasign Best Management Practices (BMPs) such as
minimizing impervious areas, maximizing permeability, minimiziog
direcdy connected impervious areas, creating reduced or "zero dischazge"
areas, and conserving nahual azeas.
• Incorporates the applicable Routine Sotu'ce Control BMPs as defined in the
Drainage Area Management Plan.
• Incorporates Treatment Cantrol BMPs as defined in the DAMP.
o Describes the long-term operation and maintenance requirements for the
Treahnent Co~trol BMPs.
• Ideotifies the eniity that will be responsSble for long-term operation and
maintenance of the Treahnent Control BMPs, and describes the mechanism
for funding the long-term operation and maintenance of the Treatment
Control BMPs.
PffiDR TO ISSUANCE OF BUILDING PERMIT
3 That the gymnasium and art complex may be constructed in two phases and Planning
separate building permits must be issued for each phase. The building permits for
the second phase shall be issued within two {2) years from the date of approval.
3 That 24-inch box sized broad-headed evergreen trees spaced 20 feet on center Planning
shall be planted within the side and rear setback areas adjacent ko the proposed
gymnasium to include 10 trees along the north property line and 11 trees along
the east property line. Said anformation shall be specificaliy shown on plans
submitted for building permits.
1
4 That the existing block wall along the east properry line be inereased to a height
, Planning
.
of six (6) feet as required by code. Said informarion shall be specifically shown
on plans submitted for building permiYS.
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Responsible for
No. Conditions of Approval Monitoring
5 That the property owner shall install and maintain decorarive wrought iron gates Planning
between the proposed g}mnasium and the north and east property lines to secure
the rear and side yard areas adjacent to the new building. Said information shall
be specifically shown on plans submitted for building permits.
6 That the setback areas along the north and east property lines shall be equipped Police
with lighting ko the satisfaction of the Police Department. Said lighting shall be
directed, posirioned and shielded in such a manner so as noi to unreasonably
illuminate the windows of nearby residences. Said information shall be
specifically shown on plans submitted for building permits.
7 That all plumbing downspouts, ladders and/or other similar pipes and fixtures Planning
located on the exterior of the btiilding shall be integrated into the architecture of
the building. Said infarmation shall be specifically shown on the plans submitted
far building permits.
8 That if required to serve the building, the legal owoer of subject properry shall i Fublic Utilities
provide the City of Anaheim with a public utilities easement across the property
to be determined as electrical design is completed.
9 ThaC any required relocation of City electrical facilities shall be at the developer's Public Utilities ~
expense. Landscape and/or hardscapa screeuing of all pad-mounted equipment
shall be required and shall be shown on plans submitted for building permits. Planning
10 That the legal property owner shall submit an application for a Subdivision Map Public Works
Act Certi6cate of Compliance to the Public Works Department, Development
Services Division for the parcel on which the proposed building is located. A
Certificate of Compliance or Conditional Certificate of Compliance shall be
approved by the City Engineer and recorded in the Office of the Orange County
Recorder prior to issuance of a building permit.
I 1 That four (4) foot high street address numbers shall be displayed on the roof of Planning
the building in a color that contrasts with the roof material. The numbers shall
not be visible to the adjacent streets or properties. Said information shall be Police
specifically shown on the plans submitted for building permits.
12 That all backflow equipment shall be located above ground and ou4side the street Public Utilities
setback area in a manner fully screened from all public streets. Any backflow
assemblies currently installed in a vault shall be broiight up to cunent sCandards.
Any other large water system equipmenC shall be installed to the satisfaction of
tl~e WaYer Engineering Division in either underground vaults or outside the street
setback area in a manner fully screened from all public streets. Said information
shall be s ecificall shpwn on lans submitted to the Water En ineerin and
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Responsible for
No. Conditio~s of Approval Monitoring
Cross Connection Control Inspector for review and approval.
13 That ail requests for new waYer services or fire lines, as well as any modifications, Public Utilities
relocations, or abandonment of existing water services and fire lines, shall be
coordinated through the Water Engineering Division of the Anaheim Public
Utilities Deparhnent. ~
14 That because this projeet has a landscaping area exceeding 2,500 square feet, a Public Utilities
separate irrigation meter shall be installed in compliance with Chapter 10.19
(Landscape Water Efficiency) of Anaheim Municipal Code and Ordinance No.
5349 regarding water conservation. Said information shall be specifically shown
an tha plans submitted for buildiag pemuCS.
15 That all existing waYer services and fire lines shall conform to current Water Public Utilities
Service Standards Specifications. Any water service or fire line that does not
meet current standards shall be upgraded if continued use is necessary or
abandoned if the existing service is no longer needed. The owner/developer shall
be responsible for the cost to upgrade or to abandon any water service or fire line.
PRIOR TO ISSUANCE OF CERTIFICATE Oh' OCCUYANCY ~~~
16 That prior to issuance of a certificate of occupancy, the applicant shall: Public Works
• Demonstrate that all shuctural BMPs described in the Project WQMP have
been constructed and installed in conformance with approved plans and
specificarions.
o Demonstrate that the applicant is prepared to implement all non-structural
BMPs described in the Project WQMP
• Demonstrate that an adequate number of copies of the approved Project
WQMP are available onsite.
• Submit for revie~v and approval by the City an Operation and Maintenance
Plan for all shuctural BMPs.
GENERAL
17 That the hours of operatian of tbe facility shall be limited from 7 am to I 1 pm. Code
N Enforcement
1$ That the enrollment of the school shall be a maximum of 320 students and staff Code
shall consist of a maximum of 40 teachers and administrators. Enforcement
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Responsible for
No. Conditions of Approval Monitoring
19 That the gymnasium shall not be used concurrently with the existing auditorium Code
for special events or assembly uses (with the exception of the art room for regular ' Enforcement
class schedules).
20 That the property shall be permanently maintained in an orderly fashion by Code
providing regular landscape maintenance, removal of trash or debris, and removal Enforcement
of gra~ti within twenty-four (24) hours from rime of occurrence.
21 ThaY any tree planted on-site shafl be replaced in a timely manner in The event that Code
it is removed, damaged, diseased and/or dead. Enforcement
22 That doors facing the residential azea to the north and east shall remain closed at Code
all times but unlocked for emergency access. Enforcement
23 The only church activities that shall occur on the property are Yhose that are Code
accessory to the private high school. Enforeement
24 That approval of this application constitutes approval of the proposed request Planning
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 oYher applicable ordinance, regulaCion or requirement.
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