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Resolution-PC 97-130~ ~ RESOLUTIOPI NO. PC97-130 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL,USE PERMIT NO. 3956 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Condi!ional Use Pe~rnit for certain real property situated in the City of Anaheim, County of Orange, State of Califomia, described as: THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, P.S SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. WHEREAS, ihe City Planning Commission did hold a public hearing at the Civic Center in the Ciry of Anaheim on August 18, 4997 at 1:30 p.m., notice of said pubiic hearing having been duly given as required by faw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewrith; and that said pub!ic hearing was continued to September 15, 1997 Planning Commission me2ting; and WHEREA~, 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 proposed use is properiy one for which a conditional use permit is autiiorized by Anaheim Municipal Code Section 1821.050.270 to permi! an 11,736 sq.ft. expansion of a private educational facility in conjunction with an existiny church with waivers of the followiny: (a) Section 18.04.060.050 - Minimum parkinq lot landscaainq. (Landscaped break required between every 10 or fewer earkina saaces in a row; landscaped break proposed between more than 10 parkina spaces in a row) (b) Sections 18.06.050.011 - Minimum number of covered parkinq saaces. 18.06.05U.0121 (40 covered spaces required for dormitory and caretaker and 18.21.066.010 units; no covered spaces proposed) 2. That there are special circumstances appiicable ta the properry such as size shape, topography, location or surroundi~ ~ys, which do not apply to other identicaily zoned properties in the vicinity; 3. That strict application of the Zoning Code deprives ihe property of privileges enjoyed by other properties under identical zoning classification in the vicinity; 4. That waiver (a) is hereby approved because the proposed landscape breaks in the new parking lot adjacent to Westem Avenue are located in a manner to retain at least two (2) existing mature trees; CR3046PL.WP -1- P::97-130 ~ -_ ~-~s';~~~,a ,: ~ ~ 5. That the extensive 25-foot wide landscaped area alang West~m Aver~ue and the 15 to 22-foot wide iandscaped area adjacent to the nortr~ property li~e will provide sufficient landscape screening from tne public right-of-way and adjacent residential property; 6. That waiver (b) is hereby approved because residency of the dormitories and caretaker units are restricted to church members or faculty/smployees only; 7. That the proposed use is properly one for which a conditionai use permit is authorized by the Zoning Code; g. That the proposed use will not ad~iersely affec4 the adjoining land uses and the growth and development of the area in which it is proposed to be locatPd; 9. That the size and shape of the site for the proposed use is adequate to aliow the full development of the proposed use in a manner not ~etrimental to the particular arar. nor to the peace, health, safety and general welfare because the site is large enough to contain the expanded educational faciliry, and tha4 a significant amount of outcioor play area for the children and the Code-required number of parking spaces for the church, educational facility and residential units wifl be provided; that the two modular buildings, permanently attached and mudified to complement the existing structures, provide the Code-required building setbacks along the north and south property lines; and that the roof-mounted air conditioning units are screened from the surraunding neighborhood by parapet walls; 10. That expansion of the private educational facilities, as conditioned, will not be a detriment to the peace, health and welfare of the surrounding neighborhocrd; . 11. That the tra~c generated by the proposed ur•;: ~~~•+ :°Jt impose an undue burden upon the streets and highway~ designed and improved to carry`•ne' '•~'~ '~ mP area; 12. That the granting of the conditiona! use perrni'~'ii ~~~;~ the conditions imposed, will not be detrimental to the peace, health, safety and general welf~°F+._af the citizens of the City of Anaheim; and ?3. That ane person spoke at the public hearing in opposition; and that no correspondence was recEived in opposition to the subject petition. CAUFORNIA ENVIRONMENTAL QUALITY ACT FINOING: That the Anaheim City Planning Commission has reviewed the proposal to permit an 11,73fi sq.ft. expansion of a private educatioral faci~iry in conjunction with an existing church and with waivers of minimum parking lot landscaping and minimum number of covered parking spaces on a 4.78-acre rectangul3rly-shaped property having a frontage of 337 feet on the west side of Westem Avenue, a maximum depth of 618 feet, and being located 220 feet north of the centerline of Stonybrook Drive (641 South Westem Avenue - Orange County Christian School) and does hereby approve the Negative Declaration upon findiag that the declaration reflects the independent judgement of the lead agency and that it has cn;,sfdered 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 substantiai evidence that the project will have a significant effect on the environment. NOW, THEREFC3RE, BE IT.:~ESOWED that the Anaheim City Pianning Commission does hereby gran4 subject Petition for Conditionat Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the Ciry of Maheim: _2_ PC97-130 ~ ~ 1. That the maximum enrollmer.t in the private school shall be seventy (70) preschool children and two hundred eighty (280) students for a maximum total of three hundred fifty (350). 2. That all on-site residential units shall be limited to cuRent church members andlor curcent facuity/employees of the on-site private educational facility. 3. That the signage for this property shall be limitPd to the existing monument sign shown on the submitted exhibits, and that any modifications to the on-site signage shall be submitted to the Planning Commission for review and approval as a"Reports and Recommendaiions" item. 4. That tlie hours of operation for the church and private educational faciliry shall be limited to the following, as stipulated to by the petitianer: Preschool: Weekdays: 6 a.m. to 6 p.m. Private sciiool: Weekdays: 7 a.m. to 5 p.m.; provided, however, that any extra activities associaied witii the school ("open house," graduation, conferences, etc.) shall be limited to 10 p.m. Church: Sundo.;~s: 8 a.m. to 2 p.m. and 5 p.m. to 9 p.m. for worship services; provided, however, that any occasional activities shall be limited to 8 a.m. to 10 p.m. Saturdays: S a.m. to 10 p.m. for any occasional activities Weekdays: 6 p.m. to 10 p.m. for any occasional activities 5. That the property owner shall attach the modutar buildings to permanent faundations and construct the parapet walls as shown and described on the approved exhibits. Such information shall be specifically shown on the plans submitted for building permits. 6. That all roof, ground, or wall mounted air conditioning facilities for the modular buildings shall be properly shielded from view and shall provide adequate sound-buffering from adjacent residential properiies. Such information shall be specifically shown on the plans ~ubmitted for building permits. 7. That pians shall ba submitted to the City Tra~c and Transportation Manager for review and approval showing conformance with the latest revisions of Engineering Standard Plan Nos. 436 and 602 pe~taining to parking standards and drivsway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. The existing parking layout shail be modified to provide adequate vehicular circulation on-site. 8. That no required parking area shalf be fenced or otherwise enclosed for outdoor storage uses. 9. That an on-sit~ irash truck turn-around 2rea shall be provided in accordance with Engineering Standard Detail No. 610 and as required by the Department of Public Works, Streets and Sanitation Division. Such information shall be specifically shown on plans submitted for building permits. 10. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Such infonnation shall be specificaliy shown on the plans submitted for building permits. 11. That trash storage areas shall be refurbished to the satisfaction of the Pubiic Works Department, Streets and Sanitation Division, t~ comply with approved plans on file with said Department. _3_ PC97-130 ~ ~ 12. That a plan sheet for solid waste storage and collection and a plan for recycling shali be submitted to the Public Works Department, Streets and Sanitation Division, for review and approval. 13. That no living, sleeping or any other form of habitation shall be permitted in any vehicle, camper, motorhome, etc., on this property at any time. 14. That the property owner shall remove the existing wood retaining wall and chain link fern:e abutting Courson Street, and construct a masonry retaining wall and a six (6) foot high masonry block wall in its place to match the height of adjacent walls. Said block wall shall be bu~lt on private proporty and shall be planted and maintained with clinging vines to eliminate gra~ti opportunities. The property owner shall obtain any necessary encroachment permits andlor right-of-way construction permits from the Public Works Department; aevelopment Services Division. 15. That all lighting fixtures on this property located adjacent to any residentiai property shail be down-lighted with a maximum height of twelve (12) feEt. Said lighting fixtures shall be directed away from adjacent residential property lines to protec: the residential integrity of the area and such information shall be specified on the plans submitted for buiiding permits. i6. 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 are on file with the Pianning Department marked Exhibit Nos. ~ through 8, and as conditioned herein. 17. That there shail be a minimum three (3) foot higti landscaped earthen berm, with a hedge on the top, across the north properry line adjacent to the abutting Sal oln sazellt ees'planted onamaximum shall be fully iRigated and planted with minimum fifteen (15) g twenty (20) foot centers. 18. That prior to issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 5, 6, 7, 9, 10, 12 and 15, above-mentioned, shall be compiied with. Extensions for further time to compiete said conditions may be granted in accordancs with Section '48.03.Q90 of the anaheim Municipal Code. 19. That prior to final building and zoning inspections, Co~dition Nos. 11, 14, 16 and 17, above-mentioned, shail be complied with. 20. 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 Ciry, St2te 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. BE IT FURTHER RESOLVED that the Maheim City Planning Commission does hPreby find and determine that adoption of this Resolution is expressly predicated upon applicanPs 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. ~_ PC97-130 • ~ ~ THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 15, 1997. C AIRPERSON ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY NAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CI'TY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby Commiss onhhelde n~Septembe ~15, 1997 Sbythe ollow ngdvote of thel membersthereof: City Pianning AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, MAYER, NAPOLES, PERAZA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIOPIERS: NONE /~1~ ~J~,~~ IN WITNESS WHEREOF, I have hereunto set my hand this ~~~ day of On~ "'d" `' 1997. Q/I SECRETA , AIVAHEIM CITf PLANNING COMMISSION _~ PC97-130