Resolution-PC 97-94~ ~
RESOLUTION NO. PC97-94
A qESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETiTION FOR CONDITIONAL USE PERMIT NO. 3947 BE GRANTED
WHEREAS, the Mahetm City Planning Commission did receive a verifled Petftion for
Condftional Use Permft for aertaln real property situated in the City of Anaheim, County of Orange, State
of Calffomia, described as:
ALL THAT CERTAIN REAL PROPERTY SITUATED IN TFlE RANCHO LOS COYOTES, AS
SHO~YN ON A MAP THEREOF RECORDED IN BOOK 51 PAGE 10, MISCELLANEOUS
MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBEp AS FOLLOWS:
THE NORTH 2 ACRES OF THE SOUTH 7 ACRES OF THE WEST HALF OF THE
SOUTHWEST QUART~R OFTHE NORTHEAST QUARTER OF SECTION 7, IN TOWNSHIP
4 SOUTH, RANGE 10 WEST.
WHEREAS, the Ciry Plannfng Commission did h~ld a public hearing at tho Civic Center
In the City of Anahetm on July 21, 1997 at 1:30 p.m., notlce of said public hearing having been duly given
as required by law arx! In accordance wfth the provisions of tho Anaheim Municipal Code, Chapter 18.03,
to hear and cons(der evidence for and against said proposed condftional use permft and to tnvsstigate and
make findfngs and recommerxiations in connsction therewfth; and
1MHEREAS, said Commission, after due (nspection, investigatton 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 deiermine the following facts:
1. That the proposed use is prope~ly one for whfch a conditional use permit is authorized by
Anaheim Municipal Code Section to permit a prNate school (grades 6 through 8 with up to 200 students)
with?,i existing church buildings with waNer of the following:
Sections 18.06.050.0266 - Minimum number of narkina saaces.
18.06.05Q.0267 i65 required; 112 existinc~)
i 8•O6•O80
and 18.21.066.010
2, That the parkfng waNer, under the condftions fmposed, wlll not cause fewer off-street
parking spaces to be provided for such use than the number of such spaces necessary to accommodate
all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation
of such use because the pa~king study submitted by the petitianer ind(cates that the peak parking demand
for off-street parking (63 spaces on Sundays and 15 spaces on weekdays) (s substantially lower than the
number of spaces (112 spaces) provided on the site;
3. That the waiver, urxler the conditions imposed, will not fncrease the demand and
competition for parkir,g spaces upon the public streets in the immediate viciniry of the proposed use
because the project parking lot has more than adequate parking to accommodate the proJecYs peak
parking demands;
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4. That the waNer, under the conditfons imposed, wiil not incrc~asQ the demand and
competftion for parking spaces upon aodva~ce~n asrNa k~n r foesuch use und eant agree entf inhcompliance
use (which property is not expressiy p Pa 9
with Sectlon 18.06.010.020 of this Code) because the project parking lot fs physfcally separated from
adjacent residential housing; and that there is no reason to encroach into other parking facilities because
the proJect site provides ample park~ng, as indicated in the parking analysis;
5. That the wafver, under the condftions imposecl, wiil nat increase twaffic congestion wfthin
the off-street parking areas or lots provided for such use because the supply of on-sfte parking spaces
is greater than the anticipated peak parfcing demand; and that a substantial surptus of parking spaces are
W~~p ~~py ~a S han 15% of the total ava abie parking spa es p ovidedo r~theUp oJ cf9h school faciliry
g, That the waNAr, urxler the condkions imposed, will not impede vehicular ingress to or
egress from adjacent prope~tles upon the publlc streets in the immediate vicinity of the proposed use
sight andh um ng~areas for tbothaproJ ctedriveways ondGilbert St eetexisit and nare expected tol~remain
unaffected by the proposal;
7. 7hat the proposed use will not adversely affiect the adjoining land uses and the growth and
devel~pment af the araa in which ft is proposed to be located because the proposed s: hool will operate
during opposfte peak hours in comparison to the church and the two uses w(II, therefore, havc
complementary hours and will not interfere wfth one another's parking;
8. That the size and shape of the sfte for the proposed use is adequate to allow the fuil
development of the proposed use In a manner no: detrimental to the particular area nor to the peace,
health, safe~/ and general welfane~becaua~ church sanc uary roomsl and that no tenant Improvelmients
with dual use of classroorr~s, gy
are proposed to the existing buildings;
9. That the ttaffic generated by the proposed use will not impose an undue burden upon the
streets and tdghways designed and improved to carry the traffic in the area because of opposfte psak
hours of operation for the two uses (church and school);
10. Thet the granting of the conditional use permft, under the condftfons imposed, wlll not be
detrimental to the peace, health, safery and general welfare of the cftizens of the Ciry of Anahelm; and
11. That no one indicated their presence at the public hearing in opposftion; and that no
correspondence was receNed in opposftion to the subJec! petition.
['ALIFORNIA ENVIRONMENTAL QUALITY ACT FINDIN : That the Anaheim Ciry Planning
Commission has revlewed the proposal to permit a prNate school (grades 6 through 8 wfth up to 200
students) wfthin existing church buildings on ~ 1.89 acre rectangularly-shaped parcel having a frontage
of 132 feet on the east side of Gilbert Street, with a maximum depth of 620 feet, and being located 329
feet north of the centerline of Crescent Avenue (Crescent Southern Baptist Church at 622 North G(Ibert
Street); and does hereby approve the Negative Declaration upon finding that the declaration reflects the
independent judgement of the lead agency arxl that ft has considered the Negative Declaration together
with any comments received during the public review process and further finding on the basis of the fnitial
study and any comments received that there is no substantiai evidence that the project will have a
signfficant effect on the anvironmerrt.
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commfssion does
hereby grant subject Pe4ftion for Condftiona! Usa Permft, upon the following condftions which are hereby
found to bo a necessary prerequisYce to thd proposed use of the subject properry In order to preserve the
safery and general welfare of t~6 ~:iCUens of the Cfty of Anaheim:
~ prior aeview a~~dn pproval by t~he Planning Commission as ar Repo s and IRecommendatio st iteme
2. That the on-sfte landscapi~g and irrigAtion system shall be maintained in compliancs wfth Ciry
stanciards.
3. (aj That a minimum of one hundred twelve (112) striped parklnfl spaces shall be maintained at all
times; and
(b) i hat the 3chool may utilize a maximum of fitty three (53) parking spaces in the rear portion of
the property behind Building No. 4 for outdoor recreational purposes during the hou~s of 6:30
a.m. to 5 p.m., Monday Yhrough Frklay only.
6. That the granting of the par~dng waiver is conti~gent upon operation of the use fn conformance with
the assumptions relating to the operation and (ntensity of use as contained in the parking demand
study that formed the basis for aFproval of ~id waNer. Exceeding, violating, intensffying or otherwise
deviet(ng from any of said assumptions, as contained In the parking demand study, shall be deemed
schooi tonterminatlonr orsmodKicat on p suar.-'.~io the provisions of Sectionsll18.03 091 hand 18. 3 092
of the Anaheim Munfcipal C o de.
5. That this condftional use permft shall expire fNe (5) years from the date of chis resolution, on
July 21, 2002.
6. That the school and extendpd day care hours (for on-sfte school ctu~ants only) shall be 1(mRed to
6:30 a.m. to 5 p.m., Monday through Frklay.
7. That ptans st-all be submitted to the Cicy Traffic and Transpartation Manager for review and approval
shuwing co~om~ance wfth the latest revisions of Engineering Standard Plan Nos. 436 and 602
pertatning to parking standards and driveway Iocations. SubJect property shail thereupon be
devolopod arxl maintained in conformance with said plans.
8. That plans for restricting access to the rear parking area between Buildfng No. 4 and the east
property line shall be submitted to the PuL~ic Works Department, Streets and Sanitation Division, and
the Fire Department for review and approval, in compliance with all applicable standards. This area
gatels atvthe easttproperry linensha Urbec losed during schod hours of operat onrther, the chain Iink
9. That ail driveways on Gilbert Street shall be reconstructed to accommodate ten (10) foot radius curb
returns in co~~formance wRh Public Worlcs-Engineering Standards.
1p. That all school uses shall be ilmited to the ground floor level unless approval for use of above ground
leve! areas is approved by the Building Division and the Fire Department.
11. That subJect property shall be developed substantially in accordance wftN plans and speciflcations
submftted to the Ciry of Anahelm by the petitioner and which plans are on flie wfth the Planning
Department marked Exhibft Nos. 1 through 9, and as condftioned herein.
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12. That student enrdiment shail be Iimfted to a maximum of two hundred (200) students.
13. That prior to commencemeM c~f the activity authorized by this resolution or withfn a period of one
(1) year from the date of thls resolution, whichever occurs first, Condftlon Nos. 7, 8, 9 and 11,
above-mentfoned, shall be +complied wfth. Extensions for further time to complete said conditions
may be granted in accardance with Section 18.03.090 of the A~~aheim Munfcipal Code.
14. That approval of this applicatton constftutes approval of the proposed request only to the extent that
ft complies with the Anahelm Municfpal Zoning Cade and any ather applicable Ciry, State and Federal
regulatlons. Appraval does not include any action or ftndfngs as to complfance cr approval of the
request regarding any other applicable ordinance, regulatfon or requfrement.
BE IT FUF1TFiER RESOLVED that the Anaheim City Planning Commission does hereby flnd
and determine that ado~tlon of this Resolution is expressly predicated upon appllcant's compliance wfth
each and all of the conditiuns herefnabove set forth. Should any such condition, or any paK thereof, be
deciared trnalkl or unenfnrceable~ by the flnal Judgment of any court of competent jurisdiction, then this
Resolution, and any apprc~vals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
July 21, 1997.
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CHAIRPERSON ANAHEIM CITY PLANNING COMMISSION
ATTEST:
,
SECRETARY, AHEIM CITY PIANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Sdorio, Secretary of the Anaheim Ciry Planning Commission, do hereby certHy
that the foregoing resolutton was passed and adopted at a meeting of the Anaheim ,City Planning
Commission held on July 21, 1997, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOS~YVICK, BOYDSTUN, BRISTOL, HENNINGER, MAYER, NAPOLES
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: PERAZA
IN WITNESS WHEREOF, I have hereunto set my hand this ~~' day of _~~,UO .
1997. (1 ~ ~
1~~~
SECRETARY, A HEIM CITY PLANNING COMMISSION
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