99-175RESOLUTION N0. 99R-175
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT N0. 4075.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
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 upon certain real property located
within the City of Anaheim, County of Orange, State of California,
legally 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 MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE
COUNTY; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at said
hearing, did adopt its Resolution No. PC99-35 granting Conditional
Use Permit No. 4075; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion, caused
the review of said Planning Commission action at a duly noticed
public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, based upon the evidence presented at said
hearing, the City Council on May 11, 1999, did adopt its Resolution
No. 99R-91 approving Conditional Use Permit No. 4075 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 on the hereinabove described property; and
WHEREAS, thereafter, within the time permitted by law,
the City Council did receive a written request for rehearing of
said decision approving Conditional Use Permit No. 4075 from an
interested party in accordance with the procedure prescribed in the
Anaheim Municipal Code; and
WHEREAS, on June 8, 1999, the City Council did consider
and grant said request for rehearing and did schedule a new public
hearing on said application for July 13, 1999 which public hearing
was continued to August 10, 1999 at the request of the permit
applicant; and
WHEREAS, on August 10, 1999, the City Council did duly
hold and conduct such public hearing and did give all persons
interested therein an opportunity to be heard and did receive
evidence and reports concerning such matter; and
WHEREAS, the City Council finds, after careful
consideration of the recommendations of the City Planning
Commission and all evidence and reports offered at said hearing,
that:
1. The proposed use is properly one for which a conditional
use permit is authorized by the Anaheim Municipal Code because:
a. The Fairmont School is an existing use which has
received prior approval by conditional use permit
from the City of Anaheim;
b. The applicant proposes to convert an existing
industrial building into administrative offices, a
library and eight classroom which uses require a
conditional use permit.
2. 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 because:
a. The proposed conditional use permit (and conversion
of the existing industrial building to school uses)
will not add any additional students.
b. That based on the submitted parking study, the
traffic generated from this use will not cause an
undue burden on the surrounding streets.
c. That as conditioned, this use will not be
detrimental to the peace, health or safety of the
surrounding vicinity or the citizens of Anaheim
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provided that the parking lot shall 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.
d. That the property is sufficient in size to
accommodate the growth of the existing school
facility.
e. That the distance from the proposed classrooms to
the adjacent industrial use will be increased from
what is existing with this expansion
3. The size and shape of the site proposed for the use is
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 for the reasons set forth in
paragraphs 1 and 2 above.
4. The traffic generated by the proposed use will not impose
an undue burden upon the streets and highways designed and improved
to carry the traffic in the area for the reasons set forth in
paragraph 2 above.
5. The granting of the 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
for the reasons set forth in paragraphs 1 and 2 above.
AND WHEREAS, the City Council does further find, after
careful consideration of the action of the City Planning Commission
and all evidence and reports offered at said public hearing before
the City Council regarding said requested waiver(s), that all of
the conditions set forth in Section 18.06.080 of the Anaheim
Municipal Code are present and that said waiver(s) should be
granted, for the following reasons:
1. The variance(s) will not cause an increase in traffic
congestion in the immediate vicinity nor adversely affect the
adjoining land uses based upon the following:
a. 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 Commission.
b. 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
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reasonably foreseeable conditions of operation of
such use.
c. That the parking waiver, under the conditions
imposed, will not increase the demand and
competition for parking spaces upon the public
streets in the immediate vicinity of the proposed
use.
d. That the parking waiver, under the conditions
imposed, will not increase the demand and
competition for parking spaces upon adjacent private
property in the immediate vicinity of the proposed
use (which property is not expressly provided as
parking for such use under an agreement in
compliance with Section 18.06.010.020 of the Zoning
Code).
e. 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.
f. That the parking waiver, under the conditions
imposed, will not impede vehicular ingress to or
egress from adjacent properties upon the public
streets in the immediate vicinity of the proposed
use.
2. The granting of the variance(s) under the conditions
imposed will not be detrimental to the peace, health, safety or
general welfare of the citizens of the City of Anaheim for the
reasons set forth in paragraph 1 above.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 4075 be, and the same is hereby, granted
on the hereinabove described real property with a waiver of the
following provisions of the Anaheim Municipal Code:
Sections 18.06.050.026.0267 - Minimum number of parking
spaces.
and 18.61.066.050 _(575 parking spaces required; 150
spaces proposed and concurred
with by the City Traffic and
Transportation Manager); and
subject to the following conditions:
1. That the applicant shall prepare an "Emergency Response Plan"
and submit it to the Fire Department and Planning Department
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for review. The school shall be responsible for implementation
of the Emergency Response Plan and for assuring that all school
personnel working with students are aware of said plan.
2. That plans shall be submitted to the City Traffic and
Transportation Manager for review and approval showing
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
developed and 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 Department of Public Works, Street Sweeping and
Sanitation Division. Said information shall be specifically
shown on plans submitted for building permits.
5. That the developer/owner shall provide a detailed water usage
analysis and building plans for Public Utilities Water
Engineering review and approval to determine the adequacy of
the existing water system to meet the project's water
requirements. Any system improvements shall be in accordance
with Rule No. 15A.6 of the Water Utility's Rates, Rules and
Regulations.
6. That trash storage area(s) shall be provided and maintained in
location(s) acceptable to the Streets and Sanitation Division
and in accordance with approved plans 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 graffiti opportunities by the use of
plants such as minimum one (1) gallon sized clinging 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 implemented.
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 comply
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.
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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 Recommendations"
item. Following approval and prior to final building and
zoning inspections, the landscaping and irrigation facilities
shall be installed and thereafter maintained in accordance with
the approved plan.
11. That the activity authorized by this resolution shall be
permitted only in conjunction with the private school 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., Monday 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 staff and 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
immediately 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 statement shall be on file with the
Planning Department.
16. That the existing fencing shall be refurbished.
17. That this conditional use permit shall expire on March 1, 2019,
or concurrently with expiration of the current lease on the
property as stipulated to by the petitioner, whichever occurs
earlier.
18. That three (3) foot high 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 street or adjacent
properties.
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19. That subject property shall be developed substantially in
accordance with plans and specifications submitted to the City
of Anaheim by the petitioner and which plans are on file with
the Planning Department marked Revision No. 1 of Exhibit Nos.
1, 2 and 3, and as conditioned herein.
20. That prior to issuance of a building permit or within a period
of one (1) year from the date of this resolution, whichever
occurs first, Condition Nos. 1, 2, 4, 5, 6, 8, 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 final building and zoning inspections, Condition
Nos. 3, 7, 10, 13, 16, 18 and 19, above-mentioned, shall be
complied with.
22. That approval of this application constitutes approval of the
proposed request only 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 applicable ordinance, regulation or
requirement.
BE IT FURTHER RESOLVED that the City Council 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 conditions, 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.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 10th day of August, 1999.
MAYOR OF TH,E CITY OF ANAHEIM
ATTEST:
C Y CLE OF THE CITY OF ANAHEIM
30845.2
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 99R-175 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 10th day of August, 1999, by the following vote of the members
thereof:
AYES: MAYOR/COUNCIL MEMBERS: Kring, Tait, McCracken
NOES: MAYOR/COUNCIL MEMBERS: Feldhaus
ABSENT: MAYOR/COUNCIL MEMBERS: Daly
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resoiution No.
99R-175 on the 10th day of August, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 10th day of August, 1999.
C CLER OF THE CITY OF ANAHEIM
(SEAL)
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 99R-175 was duly passed and adopted by the City Council of the
City of Anaheim on August 10th, 1999.
ITY CLE K OF THE CITY OF ANAHEIM