97-071RESOLUTION NO. 97R -71
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING CONDITIONAL
USE PERMIT NO. 3924.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use to permit
a private educational facility (gymnasium /auditorium and
classroom) upon certain real property located within the City of
Anaheim, County of Orange, State of California, legally described
as:
PARCELS 1, 2, 5 IN THE CITY OF ANAHEIM, AS PER MAP
FILED IN BOOK 93, PAGES 3 AND 4 OF PARCEL MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID
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. PC97 -41 granting Conditional Use
Permit No. 3924; 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, 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.
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.
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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.
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.
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.
WHEREAS, the City Council does further find with regard
to the hereinafter specified proposed waiver(s) of Anaheim
Municipal Code requirements, other than the proposed waiver of
off street parking requirements, as follows:
1. That there are special circumstances applicable to the
property, including size, shape, topography, location of
surroundings, which do not apply to other property under identical
zoning classification in the vicinity; and
2. That, because of special circumstances shown in (1)
above, strict application of the zoning code deprives the property
of privileges enjoyed by other property under identical zoning
classification in the vicinity; and
WHEREAS, the City Council does further find and
determine with regard to the proposed waiver of certain off street
parking requirements that:
1. The variance will not cause an increase in traffic
congestion in the immediate vicinity nor adversely affect the
adjoining land uses; and
2. The granting of the variance under the conditions
imposed will not be detrimental to the peace, health, safety or
general welfare of the citizens of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that Conditional Use Permit No. 3924 be, and
the same is hereby, granted permitting a private educational
facility (gymnasium /auditorium and classroom) on the hereinabove
described real property with a waiver of the following provisions
of the Anaheim Municipal Code:
(a) Sections 18.04.060.050 Minimum parking lot landscaping.
and 18.44.063.050 (2 trees and 1 landscaped planter
required in the parking area; none
proposed)
(b) Sections 18.06.050.0262- Minimum number of parking spaces.
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18.06.050.0268
18.06.080
18.44.066.050
subject to the following conditions:
(389 spaces required for auditorium
and classroom floor area;
12 new spaces proposed and approved
by the City Traffic and
Transportation Manager, provided
the auditorium is used exclusively
by Fairmont School with 80 adjacent
spaces)
Section 18.44.062.011- Maximum structural height.
(10 to 22.5 feet permitted within
20 to 45 feet of single- family
residential zoning; 28 feet
proposed from RS -7200 zone to the
west and RS -A- 43,000 zoning to the
south)
(d) Sections 18.04.042.020- Minimum landscaping adjacent to
residential zones.
and 18.44.063.040 (Required: minimum 15 -foot setback
containing 9 trees planted on
maximum 20 -foot centers adjacent to
RS -A- 43,000 zoning;
Proposed: setback containing 7
trees adjacent to the south
property line [Brookhurst Junior
High School])
1. The developer shall submit a Water Quality Management Plan
(WQMP) specifically identifying the best management practices
that will be used on site to control predictable pollutants
from the stormwater runoff. The WQMP shall be submitted to
the Public Works Department, Development Services Division
for review and approval.
2. That no parking shall be permitted in the driveway or in any
other area of subject property except in the twelve (12)
approved spaces immediately adjacent to the west building
elevation. These parking spaces shall be designated for
"staff parking only between the hours of 7 a.m. and 10 p.m."
with no bus access or parking being permitted. Directional
signage shall be posted at the driveway entrance from Sequoia
Avenue to direct all other vehicles to the parking lot of the
main school building at 2200 West Sequoia Avenue.
3. That the gymnasium /auditorium facility shall be an accessory
use only to the existing private school property at 2200 West
Sequoia Avenue with occasional, school sanctioned, not -for-
profit use permitted.
4. That a gate shall be constructed at the driveway entrance
from Sequoia Avenue, subject to review and approval by the
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City Traffic and Transportation Manager. Said gate shall be
closed between 10 p.m. and 7 a.m. and during all non school
hours, including weekends and holidays, to prevent access to
the property.
5. That detailed plans of the building elevations, landscaping
and any proposed signs shall be submitted to the Planning
Department for the review and approval by the Planning
Commission as a "Reports and Recommendations" item.
6. That the hours of operation for the gymnasium /auditorium
facility shall be restricted to 7 a.m. to 10 p.m.
7. That the building shall comply with all requirements of
Council Policy No. 526 pertaining to metal buildings in
commercial zones. Compliance with these requirements shall
be specifically shown on plans submitted for building
permits.
8. That no roof mounted air conditioning units or other
mechanical equipment shall be permitted. Any ground- mounted
air conditioning units or mechanical equipment shall be
located on the east side of the building (away from nearby
residences and residential zoning).
9. That the petitioner shall be responsible for compliance with
all mitigation measures within the assigned time frames and
any direct costs associated with the attached Mitigation
Monitoring Program No. 97, as established by the City of
Anaheim and as required by Section 21081.6 of the Public
Resources Code, to ensure implementation of those identified
mitigation measures.
10. That in order to discourage the use of the parking spaces on
the adjacent commercial property to the northeast, the
petitioner shall install a locked gate at the northeast entry
to this property, which gate shall be subject to the review
and approval of the Fire Department.
11. That the petitioner shall apply for an Administrative
Adjustment permitting construction of an eight (8) foot high
block wall adjacent to the west property line, extending one
hundred thirty five (135) feet from the south property line,
to provide additional privacy for the single family
residences to the west. If the Administrative Adjustment is
approved, the petitioner shall construct the eight (8) foot
high block wall in this area prior to the construction of the
proposed gymnasium.
12. That the roll -up doors on the west elevation shall be kept
closed at all times, except during times of deliveries.
13. That an unsubordinated reciprocal parking agreement, between
the subject property and the private school (2200 West
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Sequoia Avenue) and in a form satisfactory to the City
Attorney, shall be recorded with the Office of the Orange
County Recorder. A copy of the recorded agreement shall be
submitted to the Zoning Division.
14. That the subject parcel and the easterly parcel (Fairmont
School) shall be developed and maintained in an
architecturally and aesthetically compatible manner, and
shall be maintained litter and graffiti -free at all times.
15. That there shall be no restrooms or showers permitted within
the auditorium /gymnasium building.
16. That a minimum of nine (9), minimum fifteen (15) gallon
sized, trees shall be planted adjacent to the south property
line and a minimum of seven (7), minimum twenty four (24)
inch box, broad headed (with dense foliage) trees shall be
planted adjacent to the west property line. Said trees shall
be properly maintained, professionally pruned, and replanted
as necessary in the event the trees are damaged, diseased or
dead.
17. That the twelve (12) proposed parking spaces west of the
proposed building, shall be located immediately adjacent to
the west building elevation and shall be specifically shown
on plans submitted for building permits.
18. That plans shall be submitted to the City Traffic and
Transportation Manager for review and approval showing
conformance with the latest revisions 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.
19. That the driveway on Sequoia Avenue shall be reconstructed to
accommodate a ten (10) foot radius curb return in conformance
with Engineering Department Standard No. 137.
20. 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 Exhibit Nos. 1 through 3.
21. 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, 5, 7, 11, 13, 17,
18 and 26, 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.
22. That prior to final building and zoning inspections,
Condition Nos. 2, 4, 8, 10, 16, 19 and 20, above mentioned,
shall be complied with.
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23. 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.
24. That the maximum seating capacity in the auditorium /gymnasium
shall be two hundred forty (240) people.
25. That dual scheduling of the school use and events in the
gymnasium /auditorium shall not be permitted.
26. That any roof or ground- mounted intake and exhaust systems
for any forced air ventilation shall be designed so as not to
impact the adjacent residents.
27 That the granting of the parking waiver is contingent upon
operation of the use in conformance with the assumptions
relating to the operation and intensity of use as contained
in the parking demand study that formed the basis for
approval of said waiver. Exceeding, violating, intensifying
or otherwise deviating from any of said assumptions, as
contained in the parking demand study, shall be deemed a
violation of the expressed conditions imposed upon said
waiver which shall subject this waiver to termination or
modification pursuant to the provisions of Sections 18.03.091
and 18.03.092 of the Anaheim Municipal Code.
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
jurisdictions, 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 20th •ay of May, 1997.
MAY R OF TH CITY AO ar!� ANAHEIM
AT EST:
L L/' -e
CITY CLERK OF THE/ ITY OF ANAHEIM
j1w0023166.01
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STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 97R -71 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 20th day of May, 1997, by the following vote of the
members thereof:
AYES: MAYOR /COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES: MAYOR /COUNCIL MEMBERS: None
ABSENT: MAYOR /COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 97R -71 on the 20th day of May, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 20th day of May, 1997.
(SEAL)
CITY CLERK OF THE ITY OF ANAHEIM
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 97R -71 was duly passed and adopted by the City Council of
the City of Anaheim on May 20, 1997.
Sal CITY CLERK OF THE CITY OF ANAHEIM