Resolution-PC 99-75RESOLUTION Nd. PC99-75
A RESOLUTION OF THE ANAHEIM CIN PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4112 BE GRANTED
WHEREAS, the Anaheim Ciry Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL A:
PARCEL 1, IN THE CITY OF ANF~HEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP FILED IN BOOK 141, PAGES 25 AND 27 OF
PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
PARCEL B:
.
PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAPS FIELD IN BOOK 26, PAGE 49 OF PARCEL MAPS
IPJ THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEI C:
PARt:EL'2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP FILED IN BOOK 26, PAGE 49 OF PARCEL MAPS
'I THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the City Planni~g Ccmmission did hold a pubiic hearing at the Civic Center in
the City of Anaheim on May 10, 1999 at 1:30 p.m., notice of said public hearing having been duiy given as
require6 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 connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itselF
and in its behalf, and after due consideration of aIl 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 aulhorized by
Anaheim Municipal Code Section 18.61.050.350 to permit a private school within an existing industrial
complex.
2. 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.
3. That the size and shape of the site for the proposed use (s adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
4. That the tra~c generated by the proposed use will not (mpose an undue burden upo~ the
streets and highways designed and improved to carry the traffic in the area.
5. That granting this conditiona~ use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the Ciry of Anaheim.
CR3626PK.DOC -1- PC99-75
6. That 15 people in favor of the proposal indicated their prese~ce at the public hearing, no
one indicated their presence in oppositio~, 2nd no corresponderce was received in oppositiori.
CALIFORNIA ENVIROhMENTAL QUALITY ACT FINDING: That the Anaheim C~ty
Planning Commission has reviewed the proposal to permit a private school within an existing industrial
complex on a 27.~ - acre irregularly-shaps~ property located at the northwest corner of La Palma Avenue
and Gilbert Street v+ith frontages of 780 feet on the north side of La Palma Avenue ~nd 830 feet on the
west side of Gilbert Street (2411 West La Palma Avenue); and does hereby approve the NegaGve
Declaration upon finding that the declaration reflects the independent judgment of the lead agency and
that it has considered the Negative Declaration together with any comments rece(ved during the public
review process and furthpr inding on the basis of the initial study and any commenks received that there is
no substantial evidence that the project will have a significant effect on the environment.
NOW, THEREFOftE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional 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 hours of operation for this private school shall be to 7 a.m. to 7 p.m., AAe~#~~#~
F~ay~ seven days a week, with a maximum of two hundred fifty (250) students on campus at any
given time, as stipulated to by the petitioner.
2. That an "Emergency Response Plan" shall be submitted to the Fire and Planning Departments for
review and approval. The school shall be responsible for implementation of this plan and for
assuring that to all school personnel working with students are aware of said program.
3. That th(s c~nditional use permit does not include approval of a child care facility.
4. That no rE~quired parking area shall be fenced or otherwise enclosed ~or outdaor storage or
playground uses.
5. (Proposed Condition No. 5 was de/eted at !he P/anning Commiss/on public hearing.)
6. That any tree or other landscaping planted on-site shall be replaced in a timply manner in the event
that it is removed; damaged, diseased and/or dead.
7. That any existing or proposed roof-mounted equipment shall be subject to the requirements of
Anaheim Municipal Code Sect(on 18.61.030.100 pertaining to the ML (Limited Industrial) Zone. Said
information shail be specifically shown on the plans submitted for Zoning and Building Division
approval.
8. That a total of three (3) wall signs shall be permitted for lhis school (one (1) sign per building
elevation). Said information shall be specified on plans submitted for Zoning Divisfon approval to
show compliance with the development standards of the ML Zone.
9. That sidewalks shall be constructed along Gilbert Street in conformance with Public Works Standard
No. 110. The sidewalk shall be five (5) feet wide adjacent to Gilbert Strec~t. Parkway trees and
groundcover shall be planted between the curb and sidewalk as approved by the Communlty
Services Department. The developer shall obtain s right-of-way construction permit from lhe Public
Works Department, Development Services Division, prior to construction of the sidewalk.
(CORRECTED 5•21-99)
CR3626PK.DOC -2- PC99-75
10. That the petitioner shall submit a signed statement to the Zoning Division, after review and approval
by the City Attr.,rney's Office, acknowledging that industrial uses are pe-m?tted in this area and may
be located imn,iediately adjacent to this privafe school. The stateme~: shall list the perm(tted
primary use~ and the conditionally-perrnitted uses specified in the ML Zone, and shall acknowledge
that those uses may be subject to change by amendments to the Zoning Code without further notice
to the owner(s) of this property. Said signed statement need not be a recorded document.
11. That the subject property shail be developed substantially in accordance with plsns and
specifications submitted to the City of Anaheim by fhe petitioner and which plans are on file with the
Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein.
12. That prior to the issuance of building permits, or prior to the commencement of the activity
authorized by this resolution, or within a period of one (1) year from the date of this resolution,
whichever occurs first, Condition Nos. 7, 8 and 1fl, above-mentioned, shall be complied with.
Extensions for further time to complete said conditions may be granted fn accordance with Section
18.03.090 of the Anaheim Municipal Code.
13. That a"no truck entrance" sign shall be posted on the easteriy driveway along La Palma Avenue.
14. That any outdoor play equipment visible to the public rights-oP-way shall be specified on pians
submitted to the Zoning Division of the Planning Department for review and approvai by the
Planning Commission as a"Reports and Recommendations item:'
15. That prior to the commencement of the activity or final buildin~ and zoning inspections, whichever
occurs firsl, Condition Nos. 2, 9, 11 and 13, above-mentioned shall be complied with.
1"o. That approvat of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipai Zoning Code and any other applicable C(ty, State and
Federal regulations. Approval does not include any action or findings as to compUance or approval
of the request regarding any other appiicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicant's 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 couct,of competent jurisdiction, then this
Resolution, and any approvals herein containE;d, shall be deemed nu ~ and void.
THE FOREGOING RESOLUTIO 4vasiad\opted t th lanr,~ng Commissian meeting of
May 10, 1999. ~,
~~
CHAIRRE , ON, AN EIM CITY PLANNING COMMIS510N
A'i7'EST:
/~(Q/~~lL2cdt~.~ a~ol~
SECRETARY, AN~IEIM CITY PLANNING COMMISSION
CR3626PK.DC~C -3- PC99-75
STATE OF CALIFORNIA )
COUN'iY 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 heid on May 10, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~~' day of
~, 1999. .
4K~~icJ ~1.~~
SECRETARY, /6iVAHEIPrt CITY PLANNING COMMISSION
CR3626PK.DOC -4- PC99-75