Resolution-ZA 1989-44•
DECISION OF THE ZONING ADMINISTRATOR - ZA 89-44
PETITION: .CONDITIONAL IISE PERMIT N0. 3164
CEQA STATUS: NEGATIVE DECLARATION
HEARING DATE: June 15, 1989
OPPOSITION: No one indicated their presence in opposition;
correspondence in opposition was received.
OWNER: PRINCE OF PEACE LUTHERAN CHURCH
1421 West Ball Road, Anaheim, CA 92802
AGENT: THOMAS E. STEINFELD, A.I.A.
2182 Raleigh Avenue, Costa Mesa, CA 92627
LOCATION: 1421 West Ball Road
and no
REQUEST: Petitioner requests approval of a conditional use permit under
authority of Code Sections. 18.12.050.040, 18.21.050.105 and
18.21.050.270 to expand an existing private elementary school and
preschool with waiver of the following:
(a) SECTIONS 18.04.042.020 - Minimum side yard setback.
18.12.060.040 (required: 15 feet to RS-7200
and 18.21.062.010 .zone and 48 feet .for 24 foot
high building;
proposed: 10 feet)
(b) SECTIONS 18.06.050.0266. - Minimum number of .parking spaces.
18.06.050.0268 (517 required; 80 proposed)
18.06.080
18.12.060.110
and 18.21.066.010
Having been appointed Zoning Administrator by the Planning Director to decide
the above-referenced petition, .pursuant to Anaheim Municipal Code Section
18,12..020, and a public hearing having .been duly. noticed for and held on the
date set forth above, I do hereby find, pursuant to the Sections 18.02..030.030
through 18.02.030.035 of the Anaheim Municipal Code:
1. That waiver (a) is approved, in part, for a minimum 15-foot sideyard on
the basis that the proposed 24-foot structural height is similar to
existing nearby single family residences;.. that no mechanical equipment or
trash enclosures will be permitted in said sideyard which encroachments
might adversely impact the adjacent single family residences.; and that
there will be no windows, doors or other openings. facing the .existing
single family residences to the west;
2. That waiver (b) is approved on the basis that a parking demand study
(.dated May 2, 1989) was prepared and submitted to the City of Anaheim,
and approved by the City Traffic Engineer for the specific proposed
combination of uses on subject property.: church, preschool and
elementary school in buildings consisting of a 252-seat church sanctuary,
offices, classrooms and meeting rooms, and a gym/auditorium;
0299g 1 ZA 89-44
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Conditional Use Permit No. 3164
Page 2
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3. That. the proposed use (consisting of a new 2-story, 9,300 sq.ft.
classroom building containing- preschool classrooms .and offices, day
school classrooms, 'youth room' and restrooms) is properly one for which
a conditional use permit is authorized by the Zoning Code;
4. That the proposed use, as approved, will not adversely affect the
adjoining land uses and the growth and .development of the area in which
is is proposed to be located;
5. That the size and shape of the site for the proposed use, as approved, is
adequate to allow the full development of the proposed use in a manner
not detrimental to the particular area nor to the peace, health, safety,
and general welfare;
6. 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; and
7. That the granting of the conditional use permit under the conditions
imposed, if any, will not be detrimental to the peach, health, safety and
general welfare of the citizens of the City of Anaheim.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has reviewed the proposal to expand an existing private elementary school and
preschool with waivers of minimum side yard setback and minimum number of
parking spaces on a rectangularly-shaped parcel of land consisting of
approximately 3.6 acres, having a frontage of approximately 257 feet on the
north side of Ball Road, having a maximum depth of approximately 618 feet,
being located approximately 134 feet west of the centerline of Hampstead
Street and further described as 1421 West Ball Road; :and does hereby -approve
the Negative Declaration upon finding that she 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.
Based on the evidence and testimony presented to me, I do hereby determine to
approve Conditional Use Permit No. 3164, in part, subject to the following
conditions:
1. That all driveways on Ball Road shall be constructed with ten (].OJ foot
radius curb returns as required by the City Engineer to accommodate ten
(10) foot radius curb returns. Existing. broken or cracked driveways
shall be removed and replaced as required by the City Engineer.
2. That .prior to issuance of a building permit, the appropriate traffic
signal assessment fes shall be paid to the City of Anaheim in an amount
as established by City Council resolution.
02998 2 ZA 89-44
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Conditional Use Permit No. 3164
Page 3
3. That street lighting facilities along Ball Road shall be installed as
required by the Utilities General Manager in accordance with
specifications on file in the Office of Utilities General Manager; or
that security in the form of a bond, certificate of deposit, letter of
credit, or cash, in an amount and form satisfactory to the City of
Anaheim, shall be posted with the City to guarantee the satisfactory
completion of the above-mentioned improvements. -Said security shall be
posted with the City of Anaheim prior to issuance of a building permit.
The above-required improvements shall be installed prior to occupancy.
4. That subject proposal shall be served by underground utilities.
5. That the existing fire alarm system shall be expanded to the new
classrooms.
6. That the second story shall be constructed to meet Uniform Building Code
(UBC) 802C requirements with no "second-graders or younger"-designated
classrooms being on the second floor.
7. That all classrooms in the new and existing structures shall have minimum
twenty (20) foot wide clear access to the public street (UBC 803).
8. That subject property shall be developed substantially. in accordance with
plans and specifications on-file with the City of Anaheim marked Exhibit
Nos. 1 and 2; provided, however, that:
(a) The minimum building setback from the west .property line shall be
fifteen (15) feet;
(b) There shall be no doors, windows or other openings in the west
facing wall of the proposed building;
(e) There shall be no mechanical equipment (including air conditioner
condensers) in said fifteen (15) foot setback; and
(d) The trash enclosure shall be located a minimum of fifteen (15) feet
from the west property line.
The plans submitted for building permits shall show the above setbacks.
9. That prior to issuance of a building permit or within a period of one (1)
year from the date of this decision, whichever occurs first, Condition
Nos. 2 and 3, above-mentioned, shall be complied with.
10. That prior to final building and zoning inspections, Condition Nos. 1,
and 3 through 8, above-mentioned, shall be complied with.
11. That approval of t]
request only to the
Zoning. Code and any
include any action
request regarding
requirement.
its application constitutes approval of the proposed
extent. that it complies with the Anaheim Municipal
other applicable City regulations. Approval does not
or findings as to compliance or approval of the
any other applicable ordinance, regulation or
02999 3 ZA 89-44
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Conditional Use Permit No. 3164
Page 4
This decision is made, signed, and entered into the file this twentieth day of
June, 1989.
~i2~1/1/I C,~i~ ~/~!~/_, ~~G~
Annika M. Santalahti -v
Zoning Administrator
NOTICE: This- decision shall become final unless an appeal to the City
Council, in writing, accompanied by an appeal fee, is filed with the City
Clerk within 15 days of the date of the signing of this decision or unless
members of the City Council shall request to review this decision within said
15 days.
DECLARATION OF SERVICE BY MAIL: I do hereby declare under penalty of perjury
.that on the date set forth below, I did .deposit, in the United States Mail, a
copy of the decision to the applicant and did forward a copy to the City Clerk.
DATED: June 20, 1989
GL~~YZG.~c-- r~~ 1~~=SIG~2~~
Pamela H. Starnes, Executive Secretary
0299g 4 ZA 89-44