Resolution-ZA 1993-30• •
DECISION NO. ZA 93-30
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT NO. 3598
HEARING DATE: April 29, 1993 continued from the April 15, 1993 Zoning Administrator meeting.
CEQA STATUS: Negative Declaration
OPPOSITION: No one indicated their presence at the public heazing in opposition and no
correspondence in opposition was received.
OWNER: BRADMORE REALTY INVESTMENT CO., LTD.
721 Santa Monica Boulevazd, Santa Monica, CA 90401
AGENT:. CALVARY CHAPEL ANAHEIM
270 East Palais Road, Anaheim, CA ' 92805
LOCATION: 270 East Palais Road
REQUEST: Petitionersequests approval of a conditional use permit under. authority of Code Sections
18.12.050.040 and 18.61.050.350 to permit apre-school and elementary school in
conjunction with an existing 20,000 sq.ft. church. facility with waivers of the following:
(A) SECTIONS 18.06.050.0212 - Minimum number of parking spaces.
1$.06.050.0266 (~¢ required; 241 existing)
18.06.050.0268
18.06.080
18.12.060.110
and 18.61.066.050
(B) SECTIONS 18.12.060.060 - Permitted outdoor uses.
and 18,61.028 (Playground not permitted in ML Zone; l ro~
proposed)
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 heazing having been duly
noticed for and held on the date set forth above, I do hereby fmd, pursuant to the Sections
18.02.030.030 through 18.02.030.035 of the Anaheim Municipal Code:
1. That theparking waiver will not cause an increase in traffic congestion in the immediate vicinity
nor adversely affect any adjoining land uses because the preschool and elementary school
(typically in session on weekdays) will .not be fully operational at the same time as the church
(typically in use on weekends) thereby reducing the total number of parking spaces needed at any
given time; and, further, that the City Traffic and Transportation Manager has reviewed and
approved the pazking analysis submitted by the petitioner;
2. That the granting of the parking waiver under the conditions .imposed will not be detrimental to
the peace, health, safety or general welfaze of the citizens of the City of Anaheim;
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3. That there are special circumstances applicable to the property such as size, location and
surroundings, which do not apply to other identically zoned properties in the vicinity because the
outdoor playground will serve as a parking lot on weekends when church activities aze underway
and the school uses are not in session; that the playground will be .fully enclosed by a chainlink
fence, except for two (2) rolling gates, and with bumper guards: spaced every four and one half
feet (4'h)' along the north, west and northerly portion of the east sides; that the rolling gates will
be closed whenever children are playing in the playground; and that the rolling gates may be
.open only when said area is being used for parking and no children are present;
4. ;That strict application of the Zoning Code deprives the property of privileges enjoyed by other
properties under identical zoning classification in the vicinity;
5. That the proposed use, as granted, is properly one for which a conditional use permit is
authorized by the Zoning Code;
6. That the proposed use will not adversely affectthe adjoining land uses and the growth and
development of the area in which is proposed to be located;
7. That the size and shape of the site for the proposed use is adequate to allow the full development
of the proposed use in a manner not detrimental to the particular azea nor to the peace, health,
safety and general welfare;
8. 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 azea; and
9. That the granting of this conditional use permit'under the conditions imposed will not be
.detrimental to the peace, health, safety and general welfare of the citizens of the City of
Anaheim.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS:: That the Zoning Administrator has
reviewed the proposal to permit apre-school and elementary school in conjunction with an existing
20,000 sq.ft. church facility with waivers of minimum number of parking spaces and permitted outdoor
uses on an irregulazly-shaped pazcel of land consisting of approximately 4.7 acres, having a frontage of
approximately 80 feet on the south side of Palais Road, having a maximum`depth of 555 feet, being
located approximately 710 feet east of the centerline of Anaheim Boulevazd and further described as 270
East Palais Road;' and does hereby approve the Negative Declaration upon finding that she has
considered the NegativeDeclaration 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. 3598, subject to the following- conditions:
i. That the maximum number of children enrolled in subject pre-school and elementary school shall
be one hundred twenty three (123).
2: That a fire alarm system shall be designed, installed and maintained as required by the City Fire
Department.
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3. That an automatic fire sprinkler system shall be designed, installed, and maintained as required
by the-City Fire Department..
4. That Fire Department vehiculaz access shall be provided and maintained to the satisfaction of the
City Fire Depazgnent.
5. That all lockable pedestrian and/or vehicular access gates shall be equipped with "knox box"
devices as required and approved by the.City Fire Department.
6. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans aze on file with the Planning
Department marked Revision No. 1 of Exhibit No.l, and Exhibit Nos. 2 through 3.
7. That, based on the church and/or school activities actually underway at any given time, the
minimum requir~l number of pazking spaces for such uses shall be fully accessible and usable
(i.e., the rolling gate to the enclosed playground. shall be open allowing use of the pazking spaces
therein when the cumulative. parking demand for the various activities underway exceeds the
number of pazking spaces outside the enclosed playground). There shall be no children playing
in the playground when it is being used for pazking.
8. That prior to commencement of the activity herein approved,. or prior to final building and
zoning inspections, or within a period'of one (1) year from the date of this decision, whichever
occurs first, Condition Nos. 2, 3, 4, 5 and 6, above-mentioned,..shall be complied with.
Extensions for :further time to complete said conditions maybe granted in,accordance with
Section 18.03.090 of the Anaheim Municipal. Code.
9. 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.
This decision is made, signed, and entered into the file this sixth day of May .1993.
Annika M. Santal ti Zoning Administrator
NOTICE: This decisiom 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 davs 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
da s
Y•
DECLARATION OF,SERVICE BY-MAIL: I do hereby declaze under penaltyof perjury that on the
date set forth below, I did deposit, in the United States Mail, a copy of he decision to the applicant and
did forwazd a copy to the City Clerk.
DATE: May 6, 1993. ~.,1 "'
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Peggy a Actor Sec mss,
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