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Resolution-PC 2012-022RESOLUTION NO. PC2012 -022 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2012 -05592 (DEV2012- 00007) (4540 EAST RIVERDALE AVENUE) WHEREAS, the Planning Commission did receive a verified Petition for Conditional Use Permit No. 2012 - 05592, as described below; and WHEREAS, the applicant requests a Conditional Use Permit to permit a private preschool and elementary school at a former public school campus; and WHEREAS, the subject property is developed with an elementary school campus and is located in the T (Transition) Zone, and the Anaheim General Plan designates this property for School land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 9, 2012, at 5:00 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 18.60, to hear and consider evidence for and against said proposed amendment to conditional use permit and variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said 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, does find and determine the following facts: 1. The proposed request to permit a private preschool and elementary school at a former public school campus is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.14.030.040.0402 (Educational Uses - General). 2. The proposed conditional use permit, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the school will continue to operate in a manner consistent with the previous operation which is not detrimental to the adjacent properties. 3. The size and shape of the site for the use is adequate to allow the full development of the proposed project in a manner not detrimental to the particular area or to the health and safety because the property was originally designed as an elementary school. 4. The traffic generated by the proposed project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the private school will generate fewer traffic trips than the previous elementary school. - 1 - PC2012 -022 5. The granting of the conditional use permit and the variance under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed project will be compatible with the surrounding area through conditions of approval for the use and is not a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW THEREFORE BE IT RESOLVED that the Planning Commission, for the reasons hereinabove specified does hereby grant Conditional Use Permit No. 2012 -05592 to permit a private preschool and elementary school at a former public school campus. BE IT FURTHER RESOLVED, that amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City - Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. 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 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 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 applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 9, 2012. . , _ CHAIRMAN PRO TEMPORE, ANAHEIlyf ITY PLANNING COMMISSION AI !EST: SENIOR SlkRETARY, ANAHEIM CITY PLANNING COMMISSION - 2 - PC2012 -022 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior 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 April 9, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this 9` day of April, 2012. c� SENIOR SECR TARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2012 -022 APN: 359 - 011 -83 O n So ion EXHIBIT "A" DEV NO. 2012 -00007 -4 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +!- two to five feet. PC2012 -022 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO COMMENCEMENT OF BUSINESS ACTIVITIES 1 The property owner shall irrevocably offer to dedicate to the City of Anaheim an easement 45 feet in width from the centerline of the street along Riverdale Avenue for street widening, public utilities and other public purposes. Public Works, Development Services Division 2 The business shall be equipped with an alarm system (silent or audible). Police Department 3 Address numbers shall be positioned so as to be readily readable from the street. Numbers should be visible during hours of darkness. Police Department 4 Complete a Burglary /Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the City's web site: http://www.anaheim.net/article.asp?id=678 Police Department 5 Buildings shall have clearly marked doors with numbers corresponding to the alarm zones, if any. The alarm zone should indicate building and room number if applicable. Police Department 6 "No Trespassing 602(k) P.C." posted at the entrances of parking lots /structures and located in other appropriate places. Signs must be at least 2' x 1' in overall size, with white background and black 2" lettering. Police Department 7 All entrances to parking areas shall be posted with appropriate signs per 22658(a) C.V.C., to assist in removal of vehicles at the property owners /managers request. Police Department 8 All exterior doors to have adequate security hardware, e.g. deadbolt locks. Police Department 9 Adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure Police Department EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2012-05592 (DEV2012- 00007) -5 PC2012 -022 -6 PC2012 -022 environment for all persons, property, and vehicles on -site. 10 If the project has a landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed. Public Utilities, Water Engineering Division 11 That all existing water services and fire lines shall conform to current Water Services Standards Specifications. Any water service and /or fire line that does not meet current standards shall be upgraded if continued use if 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. Public Utilities, Water Engineering Division 12 That a water improvement plan shall be submitted to the Water Engineering Division for approval and a performance bond in the amount approved by the City Engineer and form approved by City Attorney shall be posted with the City of Anaheim. Public Utilities, Water Engineering Division ONGOING DURING PROJECT OPERATIONS 13 The school operator shall provide to the Planning Department a plan that identifies parking and pick -up and drop -off operations. This plan shall include the school hours for all activities and provide for parking lot attendants to manage designated parking and queuing areas. This plan shall also include details for effectively managing evening events such as "Back to School Night" so that the demand for parking spaces does not exceed the available parking. This plan shall be subject to the review and approval of the Planning Department, Planning Services Division. Planning Department, Planning Services Division 14 There shall be no school plays, productions or similar type activities permitted on the school campus when such events are attended by parents or other visitors. Planning Department, Planning Services Division 15 That on -going during project operation, no required parking areas shall be fenced or otherwise enclosed for outdoor storage uses. Code Enforcement 16 The approval of this applicant 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. Planning Department, Planning Services Division -6 PC2012 -022 17 This property shall be developed substantially in accordance with the plans, technical studies and specifications submitted to the City of Anaheim by the applicant and as conditioned herein, which include the Site Plan and Floor Plans (Exhibit Nos. 1 -2). Said plans and studies are on file in the Planning Department. Planning Department, Planning Services Division - 7 - PC2012 -022