Resolution-PC 99-35RESOLUTION NO. PC99-35
A~ESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
7HAT PETITION FOR CONDITIONAL USE PERMIT NO. 4075
BE GRANTED FOR TWENTY (20) YEARS
WHEREAS, the Anaheim City Planning Commission did receive a verified Peti4ion for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
THE WESTERLY 139 FEET OF THE EASTERLY 381 FEET OF THE NORTHERLY 280
FEET OF THE SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER,
OF THE NORTHWEST ONE-QUARTER OF SECTION 16, TOWNSHIP 4 SOUTH,
RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS
SHOWN ON A MAP THEREOF RECORDED IN BOOK 51 PAGE 10 MISCELL/aNEOUS
MAPS, RECORDS OF SAID ORANGE COUNTY.
WHEREAS, the City Planning Commissian did hold a public hearing at the Civic Center in
the City of Anaheim on March 1, 1999 at 1:30 p.m., notice of said public hearing having been duly given
as required by law 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 con~~ection therewith; and
WHEREAS, said Commission, aftar 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 properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.61.050.350 to convert an existing 14,775 sq.ft, industrial building for
the expansion of an existing private elementary and junior high school and administrative ofiices, with
waiver of the following:
Sections 18.06.050.026.0267 - Minimum number of oarkina s~aces.
and 18.61.066.050 (575 aarkinq soaces required; 150 soaces proposed and
concurred with by the City Traffic and Transportation Manager}
2. That the parking waiver is approved on the basis of the information and findings
contained in paragraph nos. 11, 19 and 25 of Item No. 3 of the March 1, 1999 Staff Report to the Planning
Commissian.
3. That the parking waiver, under the conditions imposed, will not cause fewer off-street
parking spaces to be provided for the 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.
4. That the parking waiver, under the conditions imposed, will not increase lhe demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposed use.
5. Thak the parking waiver, under the conditions imposed, will not increase the demand and
competition tor parking spaces upon adjacent private prc ~oi:rty in the immec+'ate vicinity of the proposed
use (which property is not expressly provided as parking for such use under an agreement in compliance
with Section 1f3.06.010.020 of the Zoning Code).
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6. That the parking waiver, under the conditions imposed, will not increase traffic congestion
within the off-street parking areas or lots provided for the proposed use.
7. That the parking waiver, under the conditiors imposed, will not impede vehicular ingress
to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed
use.
8. That the proposed use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located.
9. That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare.
10. That the tra~c generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry tiie tra~c in the area because the parking lot will be
limited to employee and staff use only, and that children will not be permitted in the parking areas to
protect them from adjacent industrial uses and activities.
11. That 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.
12. That four people spoke in opposition to the proposal at the c;~blic hearing and
correspondence was received in opposition; and that one person spoke in favor of the proposal and
correspondence was received in favor of the proposal.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to convert an existing 14,775 sq.ft. industrial building for
the expansion of an existing private elementary and junior high school and administrative offices with
waiver of minimum number of parking spaces on a rectangularly-shaped 0.89-acre property having a
froniage of 139 feet on the north side of Mable Street, a maximum depth of 280 feet and being located
270 feet east of the centerline of Loara Street, and further described as 1575 West Mable Street (Fairmont
Private School); and does hereby approve the Negative Declaration upon finding that the declaration
reflects the independentjudgment of the lead agency and that it 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.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditionai 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 City of Anaheim:
1. That the applicant shall prepare an "Emergency Response Plan" and submit it to the Fire
Department and Planning Department for review. The school shall be responsible for
implementation of the Emergency Response Plan and for assuring that all school personnei
working with students are aware of said plan.
2. That plans shall be submitted to the City Tra~c and Transportation Manager fur review and
approval sh~wing conformance with the most current versions of Engineering Standard Plan Nos.
436 and 602 pertaining to parking standards and driveway locations. Subject property shall
thereupon be developec~ ar,d maintained in conformance with said plans.
3. That the driveway on Mable Street shall be reconstructed to accommodate ten (10) foot radius curb
returns in conformance with Engineering Department Standard No. 137.
4. That an on-site trash truck turn around area shall be provided in accordance with Engineering
Standard Detail No. 610 and as required by the Deparlment of Public Works, Street Sweeping and
CR3569PK.DOC -2- PC99-35
Sanitation Division. Said infcrmation shall be specifically shown on plans submitted for building
permits.
5. That the developer/owner shall provide a detailed water usage analysis and buiiding pi2ns for
Public Utilities Water Engineering review and approval to determine the adequacy of the existing
water system to meet the projecPs water requirements. Any system improvements shall be in
accordance with Ruie No. 15A.6 of the Water Utiiity's Rates, Rules and Regulations.
6. That trash storage area(s) shall be provided and maintained in location(s) acceplable to the Streets
and Sanitation Division and in accordance with approved pians on file with the Public Works
Department. Said storage areas shall be designed, located and screened so as not to be readily
identifiable from adjacent streets or highways. The walls of the storage areas shall be protected
from graff:i opportunities by the use of plants such as minimum one (1) gallon sized ciinging vines
planted on maximum three (3) foot centers or tall shrubbery. Said information shall be specifically
shown on the plans submitted for building permits.
7. That a trash packer service shall be impiemented.
8. That a maximum of one (1) wall sign shall be permitted for this property and no other advertising
signs shall be permitted. Plans for the wall sign shall be subject to review and approval by the
Zoning Division, Planning Department and shall compiy with the development standards for the ML
(Limited Industrial) Zone.
9. That all existing outdoor storage shall be removed, and outdoor storage shall be prohibited.
10. That a landscape plan for the landscape setback adjacent to Mable Street shall be submitted to the
Zoning Division specifying type, size and location of existing, proposed and refurbished
landscaping and irrigation for review and approval by the Planning Commission as a"Reports and
Recommsndations" item. Following approval and prior to final building and zoning inspections, the
landscaping and irrigation facilities shalt be installed and thereafter maintained in accordance with
the approved plan.
11. That the activity au!horized bY this resolution shall be permitted only in conjunction with the private
schoGi located to the east of the subject property.
12. That hours of operation for this facility shall not exceed 7:00 a.m, to 6:00 p.m., Mr~nday through
Friday, as stipulated to by the petitioner.
13. That signs shall be posted at the entrance to the parking lot on this property to limit parking to slaff
an~ employees only, and to prohibit drop-off or pick-up of children in the parking lot.
14. That there shall be no student access into the rear or westerly parking areas, as specified on the
submitted plans approved by the Planning Commission.
15. That the applicant shall submit a signed statement, approved by the City Attorney's Office,
acknowledging that industrial uses are permitted in the surrounding area, and may be located
immediatel;! adjacent to subject use. The statement shall include the permitted primary uses and
conditionally permitted uses specified by the ML (Limited Industrial) Zone, and shall acknowledge
that the uses may be subject to change by Code Amendments without further notice to the subject
property owner. Said signed statement need not be a recorded document. A copy of the signed
statemrnt shall be on file with the Planning Department.
16. That the existing ~encing shali be refurbished.
17. That this conditional use permit shall expire twenty (20) years from the date of this resolution on
March 1, 2019, concurrently with the Iease on the property as s;ipulated to by the petitioner.
18. That three (3) foot higli address numbers shall be displayed on the roof in a contrasting color to the
roof material. The numbers shall not be visible to any nearby str•eet or adjacent properties.
19. That subject property shall be dev4!^nar! ;~ ~bstantially in accordance with plans and specifications
submitted to the City of Anahelrr; ::: ~:c~ ~;~titioner and which plan:, are on file with the Planning
Department marked Revision No. 1 of Exhibit Nos. 1, 2 and 3, and as conditioned herein.
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20. That prior to issuance of a building permit or within a period of one (;) year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 2, 4, 5, 6, &, 9, 10 and 15, above-mentioned,
shall be complied with. Extensions for further time to complete said conditions may be granted in
accordance with Section 18.03.090 of the Anaheim Municipal Code.
21. That prior to finai building and zoning inspections, Condition Nos. 3, 7, 10, 13, 16, 18 and 19,
above-mentioned, shall be complfed with.
22. That approvai of this application constitutes approval of the proposed request oniy 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 applicabie ordinance, regulation or requirement.
BE IT FURTHEFt RESOLVED that the Anaheim City PlanninS Commission does hereby
find a~d determine that adoption of this Resolution is expressiy predicated upon ap~licanYs compiiance
with each and all of the conditions hereinabove set forth. Stiould any such condition, or any part thereof,
be declared invalid or unenforceabie by the final judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null'and void.
THE FUREGOING RESOLUTION w a op at th anning Commission meeting of
March 1, 199a.
i ;
CHAIRPERS , AN CITY PLANNING COMMISSIC~N
ATTEST:
~(rue~k.~.l2U ~~,'~c.~
SECRETARY, AN EIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on March 1, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES,
WILLIAMS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: IVONE
IN WITNESS WHEREOF, I havo hereunto set my hand this .~U"' day of
,~Q1~.h , 1999.
l <~~~"
SECRETA , ANAHEIM CITY PLANNING COMMISSION
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