Resolution-PC 98-56RESOLUTION NO. PC98-56
A RESOLIlTION OF THE ANAHEIM CI'~Y P~ANNIhIG COMMISSION
ANiENDING CERTAIN CONDITJONS OF APPROVAL OF
RESOLUTION NO. P('~A-41, AS AMENDED BY RESOLUTION NO. PC34-103 AND
ADOPTED IN CONNeGT{~N WITH CCiNDI'~IONAL USE PERMIT NO. 3662
WHEREAS, on March 21, 1;~8~., the Pl~n~i~i~ C~mmission adopted Rssolution No. PC94-
41 to approve Conditional Use Perm~t No. 36(i2, in part, an~J ,r~rmit a~3,41~ :sq.ft. private educational
facility (pre-school to 3rd grade) and a 4,37~ sq.ft. cM~.,roh with waiver of minimum landscaped setback
adjacent to a residentiai zone boundary (the praaos5d waiver of minimum setback of institutional uses
adjacent to a residential zone bou~c~ar! was denie•3); and
WHEitcr~o„ th~ pp;ii~qner subsequent!~ subn~ tt~d ~ revised site plan (Revision No. 1 of
Exhibit No. 1); and that on ,August 8, 199~', the Planniny Ccr~imission amended said resolution by
adopting Resolution No. PC94-i63 to amend the conditional use permit, the Code waivers and the
conditions of approval in their entirety to permit a 3-unit, 2-story, 18,048 sq.ft. commercia! complex
consisting of a 4,416 sq.ft. private school (pre-school'~0 3rd grade), a 5,392 sq.ft. church and a 8,240 sq.ft.
office, with waivers of maximum fence height, minimum setback of institutional uses adjacent to a
residential zone boundary ar,ci minimum structural setback abutting a Scenic Expresswav; and
WHEREAS, one time extension to comply with the coriditions of approval was retroactively
approved by the Planning Commission to expire on August 8, 1997; and :hat ~aid time extension was
conditioned upon hvo stipulations made by the applicant (that temporary trailers would be removed from
the site within 30 days and that L•ash and construction debris would be removed from the site within 12G
days); and
WHEREAS, the petitioner subsequently submitted modified plans to increase the church
square footage to 7,232 sq.ft., to reduce the office building square footage to 5,490 sq.ft, and to reduce
the number of parking spaces from 82 to 79; and that on June 9, 1997, the Planning Commission
determined that the modified plans were in substantiai co~formance with the previously approved plans
with the exception that if any piay equipment were proposed, a revised pian was to be submitted to the
Planning Conmission for review and approval; and that July 8, 1997, the City Council also determined
that the modified plans were in substantiai conformance with the previously approved plans; and
WHEREAB, Doug Browne, on behalf of the new property owner, has requested approval of
the location of playground equipment for the private school; and that at the March 30, 1938, meeting the
Planning Commission set this conditional use permit for public hearing to review the conditional uses and
to consider n~odification to the overall entitlement including the design of the building; and
WHEREAS, the City Planning Commission did hoid a public hearing at the Civic Center in
the City of Anaheim on April 13, 1998, at 1:30 p.m., no4ice of said public hearing having been duly given
as required by law and in accordance with the provisions of !he Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidence for and against said proposed amendment and to investigate and make
findings and recommendations in connection therewith; and
WHEREAS, 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 hearinq, does find
and determine the following facts:
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1. That this properry is ioned CL(SC) (Com ,ier.ial, Limited - Scenic Corridor Overlay) and is under
construction for development of the uses approved by this conditional permit; and that the Anaheim
General Pian land use designation is General Cammercial and Hiliside Low Density Residential.
2. That modification of this conditional use permit, consisting of the imposition of additional
conditions, is reasonably necessary to protect the public peace, heaith, safety and general weifare, and to
permit reasonable operation under lhe conditional use permit as granted.
3. That approximately 25 people indicated their presence at the public hearing in favor of the church
and that lwo people spoke in favor of the project.
4. That approximateiy 35 people ind~cated their presence at the public hearing in caposition to the
request, that eight people spoke in opposition, that a petition with approximately 24 signatures fn
opposi~'on was submitted, and that corresponde~ace was received in opposition to the request.
CAUFORNIA ENVIRONMENTAL Q~QLIT' fICT FIND1t~lC: That the ?,naheim City
Planning Commission has reviewed the proposal and does iiereby fird that t3ie Negative Declaration
previously approved in connection with Conditional Use Permit No. 3862 is adequate to serve as the
required environmental documenta(ion in connection with this reques: ttpon finding that the declaration
reflect~ ;~ ~a independent judgment of the lead agency and that it has cunsidered the previously approved
Negative Declaration togethsr with any comments receiver!. during tha 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.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby amend Resolut~cn No. PC94-41, as amended by Resolution No. PC94-103 and ado~ted in
connection with Conditional Use Permit No. 3662, to add the follow~^g conditions of approval:
17. That within a period of thirty (30) days from the date of this resolution, the property owner
shall submit a Ietter requesting termination of Conditional Use Permit No. 3701 (permitting
a child day care facility in lwo temporary trailers with waiver of minimum structural setback
from a Scenic Expressway) to the Zoning Division.
18. That within a period of forty five (45) days from the date of this resoiution, a
cornprehensive sign program including address numbers shall be submitted to the Zoning
Divi^ion for review and approvai by the Planning Commission as a'Reports and
Recommendations' agenda item; and that the existing Montessori school sign shall not
be illuminated during this forty five (45) day period.
19. That the school operat(ng hours shail be limited to Monday through Friday from 6 a.m. ?r•
6:30 p.m.
20. That the maximum enroliment of chiidren, infants through 3rd grade, shall not exceed one
hundred (100) students,
21. (a) That the playground hours for the west playground area shall be limited to 9 a.m.
to 5 p.m.; and
(b) That the playground hours for the east playground area shall be the same as the
school hours; and
(c) That the use of the west playground area shall be limited to not more than one (1)
class at a time.
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22. That within a period of forty five (45) days from the date of this pubfic hParing (April 13,
1998), the property owner shall submit an unsubordinated covenant to fhe Zoning
Division, for review and approval by the City Attorrsoy, restricting the use of the attic area
to mechanical eq~ipment associated with the underlying building(s) only; and further
stipulating that access to this attic area shaii bo provided by ladder only and that stairway
access to this area shall n~t be permitted nor constructed at any time in the future.
23. That minimum eight (8) foot high Italian Cypress tre2s shall be planted on maxinwm
twenty eight (28) inch centers adjacent to the entire west property line. The setback of
these trees from Santa Ana Canyon Road shall be determined ~y the City Traffic and
Transportation Manager, based upon line-of-sight considerations.
24. That within e period of forty five (45) days from the date of this resolution, the applicant
shall submit a plan specifying the method of opaquing or covering all the windows in the
attics of all three buildings to the Zoning Division for review and approval by the Planning
Commission as a'Reports and Recommendations' item.
25. That within a period of forty five (45) days frorn the date of this resolution, the property
owner shall submit a plan specifying the color scheme for a painted finish ~or the three
buildings to the Zoning Division for review and approval by the Planning Commission as a
'Reports an~! ~ta°~+i~mendations' item. ~
i i
THE FOREGOING RESOLUTION;~was adopted ~~ ih 'Planning Commission meeting of
Hpril 13, 1998, r-~,~ ~ ~ ~
~ I„` ~ ~ ~,
i~
CHAI 6jt PRO-T POR
ANAHEIM CITY PLANNING COMMISSION
A'f"~EST:
s~
SECRETAR , ANAHEIM CITY PIANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Maheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopt.r.~! at a meeting of the Anaheim City Planning
Commission held on April 13, 1998, b~ the following vote of the members thereof:
AYES: COMMISSIONERS: BOYdSTUN, BRISTOL, HENNINGER, NAPOLES, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK
VACANCY: ONE SEAT
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
~/ _, 1998.
~ ,
~~~?h~i~u.(~ ~~6~o~u,d~
SECRETAR ANAHEIM CITY I~LANNING COMMISSION
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