Resolution-PC 2023-021RESOLUTION NO. PC2023-021
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ANAHEIM APPROVING A CONDITIONAL USE PERMIT TO
ALLOW AN EDUCATIONAL INSTITUTIONS -GENERAL USE
CONSISTING OF A TRANSITIONAL KINDERGARTEN THROUGH
8TH GRADE PUBLIC CHARTER SCHOOL AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2021-00218)
(2780 EAST WAGNER AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition requesting approval of a conditional use permit to
establish an Educational Institution -General use for a public charter school with up to 480 students
between Transitional Kindergarten (TK) to 8th Grade, including the remodel of existing buildings
for classroom and school administration use, the construction of a new 5,633 square foot two-story
classroom building, and various ancillary site modifications and landscaping improvements (the
"Proposed Project"), on certain real property located at 2780 East Wagner Avenue in the City of
Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached
hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, the Property is approximately 1.93 acres in area and is currently
developed with a church and day care facility. The property is designated for Low Density
Residential Uses in the General Plan. The property is located in the "T" Transitional Zone and is
subject to the development standards contained in Chapter 18.14 (Public and Special -Purpose
Zones) and Subsection .040 of Section 18.40.040 (Uses Adjacent to Residential Zones or
Residential Uses) of the Anaheim Municipal Code (the "Code"); and
WHEREAS, Educational Institutions -General require a conditional use permit in the
"T" Transitional Zone subject to the approval by the Planning Commission pursuant to Subsection
.010 of Section 18.14.030 (Uses) of the Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on July 17, 2023, at 5:00 p.m., with notice of said public hearing having been
duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures)
of the Code, to hear and consider evidence for and against the Proposed Project and to investigate
and make findings and recommendation in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for Implementation of the California Environmental
Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA
Guidelines"), and the City's CEQA Procedures, the City is the "lead agency" for the preparation
and consideration of environmental documents for the Proposed Project; and
WHEREAS, the Planning Commission finds that the effects of the Proposed Project are
Categorically Exempt from the requirements to prepare additional environmental documentation
per CEQA Guidelines, Section 15301, Class 1 (Existing Facilities); Section 15302, Class 2
(Replacement or Reconstruction); and Section 15303, Class 3 (New Construction or Conversion
of Small Structures). The Class 1 exemption consists of the operation, repair, maintenance, and/or
minor alteration of existing public or private structures or facilities, involving negligible or no
expansion of use beyond that existing at the time of this determination. The Proposed Project
includes the conversion of a religious assembly and private school use on an existing developed
site to an exclusively public educational use. The proposed project includes the remodeling and
ongoing utilization of three (of four) existing buildings and ancillary site improvements, with no
physical expansion beyond existing conditions. The Class 2 exemption consists of replacement or
reconstruction of existing structures and facilities where the new structure will be located on the
same site as the structure replaced and will have substantially the same purpose and capacity as
the structure replaced. The exemption includes the replacement or reconstruction of school
facilities to provide earthquake resistant structures which do not increase capacity by more than
50 percent. The proposed project will retrofit all existing buildings to meet Category 3 seismic
requirements and will not increase capacity by more than 50 percent. The Class 3 exemption
consists of construction and location of limited numbers of new, small facilities or structures up
to 10,000 square feet in urbanized areas on sites zoned for such use if not involving the use of
significant amounts of hazardous substances where all necessary public services and facilities are
available, and the surrounding area is not environmentally sensitive. The new 5,633 sf, two-story
building would meet Category 3 seismic requirements and would match the existing 24'-6" height
of other buildings on the site. The Proposed Project will not use any hazardous substances, is
located on a fully developed site that is serviced by all public services and is not located in a
designated environmentally sensitive area. Pursuant to Section 15300.2 (c) and 15301, 15302, and
15303 of Title 14 of the California Code of Regulations, there are no unusual circumstances in
respect to the proposed project for which staff would anticipate a significant effect on the
environment and, therefore, the Proposed Project would be categorically exempt from the
provisions of CEQA; and
WHEREAS, the Planning 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 with respect to the request for a conditional use permit, does find and determine the
following facts:
1. The Proposed Project is located in the "T" Transition Zone which allows
Educational Institutions -General as a conditionally permitted use. Section 18.14.030.160 of the
Code, states "Conditional uses shall only be considered to the extent that the proposed use is
consistent with the property's underlying General Plan Land Use Designation." The School
designation in the General Plan Land Use Element states "Future schools may be developed in
other land use designations through procedures established in the Zoning Code. Since 1967 the
Property has been continuously used for religious assembly and school use. The Proposed Project
is an Educational Institutions -General use which is a conditionally permitted use in the "T" Zone.
As such, the Proposed Project is compatible with the General Plan, as described, and the use can
be developed through the conditional use permit as established in the Code; and
-2- PC2023-021
2. The Proposed Project, as conditioned herein, would not adversely affect the
adjoining land uses, or the growth and development of the area. The Property is fully developed
with a mix of one and two-story buildings, parking lot, utility service and playground equipment
on a property that has been actively used for religious assembly and school purposes for nearly 56
years. Existing site operations include religious assembly within a 420-seat sanctuary and various
classrooms, and pre-school with approximately 36 students and four staff. The proposed use is a
conversion of the site's existing use from religious assembly and school to exclusively educational
use for children in grades Transitional Kindergarten (TK) to 8th grade. The proposed use would
operate on a Monday to Friday schedule during typical daytime hours, with exception to half -days
on Fridays. The proposed use would utilize existing structures and ancillary site improvements. A
one-story building would be replaced with a new two-story building to provide classrooms and
administration that would match the existing 24'-6" height of other buildings on the site.
The proposed use includes several operational and design features to ensure compatibility with the
adjacent residential neighbors and nearby community including staggered outdoor student hours
for recesses, electives, and lunches throughout the day. Further, no student use of outdoor areas is
planned along or adjacent to the west property line and outdoor activities would be concentrated
toward the easterly and central portions of the site. The site would not utilize intercom or bell
systems for class transitions and classroom instruction generally occurs indoors. The site would
provide a landscaped setback along the west property line and provide ample landscape screening
between adjacent residences and the project site. Outdoor lighting would be downward directed
with shielded fixtures designed not to spill on to adjacent properties.
The project site provides sufficient onsite vehicular circulation to accommodate drop-off/pick-up,
queueing, deliveries and emergency and waste collection access to the site. The site provides
sufficient onsite parking and the Proposed Project will provide approximately 44% more than
required by Code. Parking for special events will be located both on -site and off -site with shuttle
service from an off -site lot(s) to bring guests onto the campus. As conditioned, the Proposed
Project will be required to comply with a strict parking and onsite pick-up and drop-off plan.
Parents/visitors will not be permitted to park in the surrounding neighborhood to the maximum
extent feasible. All parents will be required to participate in a mandatory training for pick-up and
drop-off procedures and routine updates will be provided to families if adjustments are necessary
to ensure the use does not have any negative parking impacts on the adjacent residential
neighborhood.
3. The size and shape of the Property is adequate to allow the operation of the
Proposed Project in a manner not detrimental to either the particular area or to the health and safety
of the public. The site is an irregularly shaped, 1.93-acre parcel that has facilitated religious
assembly and school uses since 1967. Despite the site's irregular shape, the building layouts and
function has been sufficient for religious assembly and school use. The proposed conversion to
exclusively Educational Institutions -General use is adequately accommodated by the existing
development onsite. Buildings are concentrated on the front (central/north) portion of the site
nearest to E. Wagner Avenue and parking and driveway circulation is located generally on the rear
(east/south) portion of the site. The Proposed Project provides sufficient onsite drive aisle widths
of 20 feet to accommodate emergency vehicle/fire apparatus and waste services and includes
sufficient drive aisle lengths to accommodate vehicle queueing during morning drop-offs and
- 3 - PC2023-021
afternoon pick-ups from the site. Consistent with setback requirements to residential uses, a
landscaped buffer is provided along the west property line where nine single-family residences
share a common boundary with the project site. The landscaped buffer provides ample screening
between the residential and educational uses. The Property can accommodate the required parking,
vehicle access, and circulation without creating detrimental effects on adjacent properties.; and
4. The traffic generated by the Proposed Project would not impose an undue burden
upon the streets and highways designed and improved to carry the anticipated traffic generated by
the Proposed Project. The City's Traffic and Transportation Division of the Public Works
Department has approved the Vehicle Miles Traveled (VMT) Screening Evaluation and the Traffic
Impact Analysis (TIA) prepared for the Project. Based on the Project's anticipated daily trips and
the City's VMT Guideline criteria for local serving essential services (e.g., public schools,
religious assembly), the VMT screening evaluation found that the project meets the City's Project
Type Screening and therefore, no further VMT analysis is required. The TIA evaluates the
potential circulation system deficiencies that may result from the project and recommends
necessary onsite and offsite improvements to achieve acceptable operations consistent with the
City's General Plan level of service goals and policies. Based on the TIA's recommendations, the
project would include the following design features in conjunction with development of the site:
1) Provide onsite vehicle queuing for at least 31 vehicles prior to drop-off/pick-up; 2) Restripe the
existing striped median along Wagner Avenue/Rio Vista Street and install Tuff Curb and raised
delineators to restrict access to the existing median along Wagner Avenue/Rio Vista Street ; 3)
Restrict the project driveway to right turn -in only and no left turn out; 4) Install "No U Turn"
signs at the intersections of Rio Vista Street at Lizbeth Avenue and Marjan Street at Wagner
Avenue; and 5) Implement a traffic management plan to ensure efficient traffic operations during
drop-off and pick-up periods. Additionally, the parking layout will be improved to provide
additional loading and unloading parking spaces located adjacent to the proposed building to
enhance the vehicle circulation of the site. Based on the approved VMT and TIA analyses the
Proposed Project will not exceed the anticipated volumes of traffic or daily trips, and the Project's
circulation plan demonstrates sufficient onsite vehicle queuing through the parking area; and
5. The granting of the conditional use permit amendment would not be detrimental to
the health and safety of the citizens of the City of Anaheim. The proposed educational use includes
various programming and design features to balance the educational use with the residential
community to the west and north across Wagner Avenue. The Proposed Project would include
weekly educational use during daytime hours, Monday to Friday, with Fridays limited to half days
and no school uses proposed on the weekends. Outdoor student activities would be staggered
throughout the day and oriented away from the westerly residential neighbors as feasible. Use of
full cut-off light fixtures would be used to reduce light pollution and ensure that the minimal
amount of lighting required for security is provided. Various site improvements would be provided
including new landscaping (including ample screening along the west boundary) and play areas
would be concentrated to the center and easterly portions of the site as feasible given the site's
irregular shape.
A noise assessment was prepared for the Proposed Project to evaluate future noise levels on the
site (compared against existing conditions) resulting from outdoor student activities associated
with the proposed educational use. The noise assessment evaluates how future noise levels would
-4- PC2023-021
affect adjacent residential properties west of the site based on the Code noise standard that the
project noise levels shall not raise the noise level on the adjacent residential property to more than
60 dBA. Based on noise modeling for the proposed outdoor uses, site and building orientation, the
solid wall along the west property line, the 15-foot westerly setback, and existing noise studies,
the noise assessment concluded that the noise levels at the adjacent residential properties are
expected to be less than 60 dBA in compliance with the Code without any modifications to the
proposed design.
The project site provides sufficient onsite vehicular circulation to accommodate drop-of0pick-up,
queueing, deliveries and emergency and waste collection access to the site. As conditioned, the
Proposed Project will be required to comply with a strict parking and onsite pick-up and drop-off
plan. Parents/visitors will not be permitted to park in the surrounding neighborhood to the
maximum extent feasible. All parents will be required to participate in a mandatory training for
pick-up and drop-off procedures and routine updates will be provided to families if adjustments
are necessary to ensure the use does not have any negative parking impacts on the adjacent
residential neighborhood.
As set forth herein, authorization of the proposed Educational Institutions -General use is not
expected to be detrimental to the health and safety of the citizens of the City; and
WHEREAS, this Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report,
and all materials in the project files. There is no substantial evidence, nor are there other facts, that
negate the findings made in this Resolution. This Planning Commission expressly declares that it
considered all evidence presented and reached these findings after due consideration of all
evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, this
Planning Commission does hereby approve the conditional use permit contingent upon and subject
to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this
reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property
for which the conditional use permit is applicable in order to preserve the health, safety and general
welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions
of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for
compliance with conditions of approval may be amended by the Planning Director upon a showing
of good cause provided (i) equivalent timing is established that satisfies the original intent and
purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has
demonstrated significant progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED that any amendment, modification, or revocation of
this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit
Approval) and 18.60.200 (Revocation or Modification of Permits) of the Code.
- 5 - PC2023-021
BE IT FURTHER RESOLVED that the 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 court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and
void.
BE IT FURTHER RESOLVED that approval of this application constitutes approval of
the proposed request only to the extent that it complies with the 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 applicable ordinance, regulation, or requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
July 17, 2023. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal.
RPERSON, PLANNING CO. ISSION
OF THE CITY OF ANAHEIM,
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 6 - PC2023-021
EXHIBIT "A"
DEV NO.2021-00218
APN: 253414.12 & 253-459-05
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E WAGNER AVE
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Source: Recorded Tract Maps amllor City GIS.
Please note the oocuracy es +I- hvo to five fW,
PC2023-021
EXHIBIT "B"
DEVELOPMENT PERMIT NO.2021-00218
(DEV2021-00218)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
WITHIN 30 DAYS OFAPPROVAL OF THE CONDITIONAL USE PERMIT
Owner/Developer shall install an approved backflow
Public Utilities,
prevention assembly on the water service connection(s)
Water Engineering
1
serving the property, behind property line and building setback
in accordance with Public Utilities Department Water
Engineering Division requirements.
PRIOR TO GRADING PERMIT ISSUANCE
Prepare and submit a final grading plan showing the building
Public Works Department,
footprints, finished floor elevation, pad elevation, finished
Development Services
grades, drainage routes, retaining walls, erosion control, slope
2
easements and other pertinent information in accordance with
Anaheim Municipal Code and the California Building Code,
latest edition to the Public Works Department for review and
approval.
All required plans and studies shall be prepared by a Registered
Public Works Department,
3
Professional Engineer.
Development Services
Prepare and submit a final drainage study, including supporting
Public Works Department,
hydraulic and hydrological data to the City of Anaheim for
Development Services
review and approval. The study shall confirm or recommend
changes to the City's adopted Master Drainage Plan by
identifying off -site and on -site storm water runoff impacts
4
resulting from build -out of permitted General Plan land uses. In
addition, the study shall identify the project's contribution and
shall provide locations and sizes of catchments and system
connection points and all downstream drainage -mitigating
measures including but not limited to offsite storm drains and
interim detention facilities.
The applicant/owner shall obtain the required coverage under
Public Works Department,
California's General Permit for Stormwater Discharges
Development Services
5
associated with Construction Activity by providing a copy of the
Notice of Intent (NOI) submitted to the State Water Resources
Control Board and a copy of the subsequent notification of the
issuance of a Waste Discharge Identification (WDID) number.
PC2023-021
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
The applicant/owner shall prepare a Stormwater Pollution
Public Works Department,
6
Prevention Plan (SWPPP). The SWPPP shall be kept at the
Development Services
project site and be available for Public Works Development
Services Division review upon request.
The applicant/owner shall submit a final Water Quality
Public Works Department,
Management Plan (WQMP) to the Public Works Department for
Development Services
review and approval. The WQMP shall be consistent with the
requirements of Section 7 and Exhibit 7.I1 of the Orange County
Drainage Area Management Plan (DAMP) for New
Development/ Significant Redevelopment projects. identify
potential sources of pollutants during the long-term on -going
maintenance and use of the proposed project that could affect the
quality of the stormwater runoff from the project site; define
7
Source Control, Site Design, and Treatment Control (if
applicable) best management practices (BMWs) to control or
eliminate the discharge of pollutants into the surface water
runoff; and provide a monitoring program to address the long-
term implementation of and compliance with the defined BMPs.
a. The following conditions shall be addressed in the final
WQMP report:
i. The final WQMP shall include the design calculation of
the effective depth. This must be updated in row 7 of
Worksheet B.
Submit a Geotechnical Report to the Public Works Department
Public Works Department,
8
for review and approval. The report shall address any proposed
Development Services
infiltration features of the WQMP.
The applicant shall obtain approval from Orange County Water
Public Works Department,
9
District (OCWD) for any encroachments on to their property or
Development Services
modifications to their facilities.
The Owner/Developer shall submit a set of improvement plans
Public Utilities,
10
for Public Utilities Water Engineering review and approval in
Water Engineering
determining the conditions necessary for providing water service
to the project.
PRIOR TO BUILDING PERMIT ISSUANCE
11
All backflow equipment shall be located above ground outside
Public Utilities,
of the street setback area in a manner fully screened from all
Water Engineering
public streets and alleys. Any backflow assemblies currently
installed in a vault will have to be brought up to current
standards. Any other large water system equipment shall be
installed to the satisfaction of the Water Engineering Division
outside of the street setback area in a manner fully screened from
all public streets and alleys. Said information shall be
PC2023-021
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
specifically shown on plans and approved by Water Engineering
and Cross Connection Control Inspector.
12
All requests for new water services, backflow equipment, or fire
Public Utilities,
lines, as well as any modifications, relocations, or abandonments
Water Engineering
of existing water services, backflow equipment, and fire lines,
shall be coordinated and permitted through Water Engineering
Division of the Anaheim Public Utilities Department.
13
All existing water services and fire services shall conform to
Public Utilities,
current Water Services Standards Specifications. Any water
Water Engineering
service and/or fire line that does not meet current standards shall
be upgraded if continued use is necessary or abandoned if the
existing service is no longer needed. The Owner/Developer shall
be responsible for the costs to upgrade or to abandon any water
service or fire line.
14
The Owner shall irrevocably offer to dedicate to the City of
Public Utilities,
Anaheim (i) an easement for all large domestic. above -ground
Water Engineering
water meters and fire hydrants, including a five (5)-foot wide
easement around the fire hydrant and/or water meter pad. (ii) a
twenty (20) foot wide easement for all water service mains and
service laterals all to the satisfaction of the Water Engineering
Division. The easements shall be granted on the Water
Engineering Division of the Public Utilities Department's
standard water easement deed.
The easement deeds shall include language that requires the
Owner to be responsible for restoring any special surface
improvements, other than asphalt paving, including but not
limited to colored concrete, bricks, pavers, stamped concrete,
decorative hardscape, walls, or landscaping that becomes
damaged during any excavation, repair, or replacement of City
owned water facilities. Provisions for the repair, replacement,
and maintenance of all surface improvements other than asphalt
paving shall be the responsibility of the Owner and included and
recorded in the Master CC&Rs for the project.
15
Applicant shall contact Water Engineering for recycled water
Public Utilities,
system requirements and specific water conservation measures
Water Engineering
to be incorporated into the building and landscape construction
plans.
16
Provide a certificate, from a Registered Civil Engineer,
Public Works Department,
certifying that the building pad has been completed in
Development Services
accordance with the City approved grading plan.
PC2023-021
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
17
A Right of Way Construction Permit shall be obtained from the
Public Works Department,
Public Works Department for all work performed in the public
Development Services
right-of-way.
18
Submit an interim soils report indicating pad compaction and
Public Works Department,
site stability prepared by the project's Geotechnical Engineer of
Development Services
Record. The pad compaction report needs to include a site plan
showing the compaction testing locations.
19
A cash -in -lieu of improvements for the street widening along
Public Works Department,
East Wagner Avenue in the amount determined and approved by
Development Services
the City Engineer shall be paid to the City of Anaheim.
20
The legal owner shall submit an application for a Subdivision
Public Works Department,
Map Act Certificate of Compliance to the Public Works
Development Services
Development Services Division. The Certificate of Compliance
shall be approved by the City Surveyor and recorded in the
Office of the Orange County Recorder.
21
The applicant/property owner shall submit to the Public Works
Public Works Department,
Development Services Division for review and approval a Lot
Development Services
Line Adjustment document. The document shall be approved by
the City Surveyor and City Engineer and recorded, along with
conforming deed, in the office of the Orange County Recorder.
22
All Landscape plans shall comply with the City of Anaheim
Public Works Department,
adopted Landscape Water Efficiency Guidelines. This ordinance
Development Services
is in compliance with the State of California Model Water
Efficient Landscape Ordinance (AV 1881).
23
All CBC and CFC requirements shall be followed for permit
Fire Department
issuance. Any fire permits which includes fire sprinklers, fire
Community Risk
alarm, etc. shall be submitted directly to Anaheim Fire
Reduction Division
Prevention Department.
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS ANDIORCERTIFICATE OF
OCCUPANCY
Owner/Developer shall install an approved backflow prevention
Public Utilities,
assembly on the water service connection(s) serving the
Water Engineering
24
property, behind property line and building setback in
accordance with Public Utilities Department Water Engineering
Division requirements.
All public improvements shall be constructed by the developer,
Public Works Department,
25
inspected, and accepted by Construction Services prior to final
Development Services
building and zoning inspections.
26
All remaining fees/deposits required by Public Works
Public Works Department,
Department must be paid in full.
Development Services
PC2023-021
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
Record Drawings and As -Built Plans shall be submitted for
Public Works Department,
27
review and approval to the Department of Public Works,
Development Services
Development Services Division.
Prior to certificate of occupancy, street improvements per the
Public Works Department,
approved Scholarship Prep School Traffic Impact Analysis dated
Traffic Engineering
28
May 22, 2023, shall be designed and constructed by the applicant
at their cost. Conceptual Street Improvements are depicted in
Exhibit 1-5, which include median, signing, and striping
improvements, and are subject to approval by City Engineer.
OPERATIONAL CONDITIONS
The Owner shall be responsible for restoring any special surface
Public Utilities Water
improvements, other than asphalt paving, within any right -of-
Engineering
way, public utility easement or City easement area including but
not limited to colored concrete, bricks, pavers, stamped concrete,
29
walls, decorative hardscape, or landscaping that becomes
damaged during any excavation, repair, or replacement of City
owned water facilities. Provisions for maintenance of all said
special surface improvements shall be included in the recorded
Master CC&Rs for the project and the CitX easement deeds.
That ongoing during project operations, all vehicular operations
Public Works Department,
related to the project shall be consistent with the Parking & On-
Traffic Engineering
Site Circulation Plan dated May 2023 included as Appendix 7.1
And
in the approved Scholarship Prep School Traffic Impact Analysis
Planning and Building
dated May 23, 2023. Follow-up reports on the Parking & On -Site
Department,
Circulation Plan shall be submitted to the Planning Services
Planning Services
Division six months after the beginning of each school year until
Division
the maximum 480 student capacity has been reached. The
Applicant/Owner shall enter into a Memorandum of
30
Understanding (MOU) with the City, which outlines the scope
and content of the reports. Should any aspect of the Parking &
On -Site Circulation Plan be found to be ineffective, the
Applicant/Owner shall meet with City staff to revise the Parking
& On -Site Circulation Plan to correct deficiencies. If it is
determined by the City's Traffic Engineer that additional
reasonable requirements (i.e., striping, traffic diverters, signage,
etc.) are necessary, the Applicant/Owner shall be responsible to
fully fund the required traffic and circulation improvements,
including the costs for any required studies.
The project shall comply with the following parking, circulation
Public Works Department,
31
and drop-off and pick-up operations:
Traffic Engineering
a) The project driveway project driveway shall be limited to
And
rLsht-in/riht-out only.
PC2023-021
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
b) All student pick-up/drop-off shall be performed on site.
Planning and Building
c) School staff members shall assist children out of or into
Department,
vehicles.
Planning Services
d) All staff and visitors shall park on site.
Division
e) The parking lot gates shall be open no later than one-half
hour before school start and dismissal, Monday through
Friday, to allow parents who arrive early to queue onsite.
f) During drop-off and pick-up, the school shall not allow
the queuing of vehicles to extend beyond the school's
driveway. A school staff member shall be positioned at
this location to ensure this condition is enforced.
g) All other applicable operation standards contained in the
Parking & On -Site Circulation Plan dated May 2023.
h) The Parking & On -Site Circulation Plan shall include a
map identifying the routes to the school and include
written instructions/directions on how to access the
school site including information that the school cannot
be accessed from southbound Rio Vista Drive.
Times for general school operations including administrative
Planning and Building
32
functions shall be limited to 6:00 A.M. to 6:00 P.M., Mondays
Department,
through Fridays, exclusive of special events.
Planning Services
Division
The maximum number of students shall not exceed 480. A letter
Planning and Building
33
verifying the student enrollment shall be submitted annually to
Department,
the Planning Services Division no more than 30 days after the
Planning Services
commencement of the school year.
Division
School special events that would necessitate off -site parking
shall be limited to six (6) per year. There shall be no parking by
parents/visitors/staff on public streets in the surrounding
34
neighborhood during special events. The school shall use off -site
parking for special event overflow parking as applicable. The
school shall provide a shuttle service from the offshe lot(s) to
bring guests onto the campus.
GENERAL
35
The following minimum horizontal clearances shall be
Public Utilities,
maintained between proposed water main and other facilities:
Water Engineering
• 10-feet minimum separation (outside wall -to -outside
wall) from sanitary sewer mains and laterals
• 5-feet minimum separation from all other utilities,
including storm drains, gas, and electric
PC2023-021
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
• 6-feet minimum separation from curb face
• 10-feet minimum separation from structures, footings,
and trees.
The following minimum clearances shall be provided around
all new and existing public water facilities (e.g., water mains,
fire hydrants, service laterals, meters, meter boxes, backflow
devices, etc.):
• 10 feet from structures, footings, walls, stormwater
BMPs, power poles, street lights, and trees.
• 5 feet from driveways, BCR/ECR of curb returns, and
all other utilities (e.g., storm drain, gas, electric, etc.) or
above ground facilities.
36
No public water main or public water facilities shall be installed
Public Utilities,
in private alleys or paseo areas.
Water Engineering
37
No public water mains or laterals allowed under parking stalls
Public Utilities Water
or parking lots.
Engineering
38
The business shall be operated in accordance with the Letter of
Planning and Building
Request and Operation submitted as part of this application.
Department,
Any changes to the business operation as described in these
Planning Services Division
documents shall be subject to review and approval by the
Planning Director to determine substantial conformance with
these documents, to determine that adequate parking shall
continue to be provided for onsite uses, and to ensure
compatibility with the surroundin uses.
39
All new landscaping shall be installed by the owner/developer
Planning and Building
in conformance with Chapter 18.46 "Landscape and Screening"
Department,
of the Anaheim Municipal Code and shall be maintained in
Planning Services Division
perpetuity. Landscaping shall be replaced by the applicant in a
timely manner if it is removed, dams ed, diseased, and/or dead.
40
The Applicant/Owner shall defend, indemnify, and hold
Planning and Building
harmless the City and its officials, officers, employees and
Department,
agents (collectively referred to individually and collectively as
Planning Services Division
"Indemnitees") from any and all claims, actions or proceedings
brought against Indemnitees to attack, review, set aside, void,
or annul the decision of the Indemnitees concerning this permit
or any of the proceedings, acts or determinations taken, done,
or made prior to the decision, or to determine the
reasonableness, legality or validity of any condition attached
thereto. The Applicant's indemnification is intended to include,
but not be limited to, damages, fees and/or costs awarded
a,,rainst or incurred by Indemnitees and costs of suit, claim or
PC2023-021
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
litigation, including without limitation attorneys' fees and other
costs, liabilities and expenses incurred by Indemnitees in
connection with such proceeding.
41
The premises shall be developed substantially in accordance
Planning and Building
with plans and specifications submitted to the City of Anaheim
Department,
by the applicant, which plans are on file with the Planning
Planning Services Division
Department, and as conditioned herein.
42
The Applicant/Owner is responsible for paying all charges
Planning and Building
related to the processing of this discretionary case application
Department,
within 30 days of the issuance of the final invoice or prior to the
Planning Services Division
issuance of building permits for this project, whichever occurs
first. Failure to pay all charges shall result in delays in the
issuance of required permits or may result in the revocation of
the approval of this application.
PC2023-021
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Heather Flores, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on July 17, 2023, by the following vote of the members
thereof:
AYES: Chairperson Kring, Vice Chairperson Henninger, Commissioners Castro, Lieberman,
and Walker
NOES: Commissioners Perez and Tran-Martin
ABSTAIN:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand this 17t' day of July 2023.
TT- QLD )Q
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
PC2023-021