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Resolution-PC 2018-005A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 20 17-05944 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2017-00115) (2930 WEST BALL ROAD) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2017-05944 to permit a preschool/kindergarten facility by occupying approximately 3,226 square feet of space located within the rear of an existing church facility (referred to herein as the "Proposed Project") for that certain real property located at 2930 West Ball Road in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 3.1 acres in size and is currently developed with an existing church, The Anaheim General Plan designates the Property for Neighborhood Center land uses. The Property is located in the "T" Transition Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.14 (Public and Special -Purpose Zones) of the Anaheim Municipal Code (the "Code"); and 1T'AEREAS, on February 5, 2018, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2017-05944 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the Planning Commission finds and deten-nines that the Proposed Project is within that class of projects (i.e., Class I — Existing Facilities) which consist of the 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, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the Proposed Project will not cause a significant effect on the environment and is, therefore, 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 to permit a preschool/kindergarten facility at an existing church facility, does find and determine the following facts: - I - PC2018-005 L The proposed request to permit the Proposed Project is properly one for which a conditional use pen -nit is authorized under the classes of allowable uses set forth in Table 14-A as "Day Care Centers", as referenced in paragraph .0402 of subsection .040 of Section No. 18.14.030 of the Code, 2. The proposed request to pen -nit the Proposed Project, as conditioned herein, would not adversely affect the abutting businesses or residences, nor the growth and development of the area in which it is -proposed to be located because the proposed facility will close at 6:00 p.m. on weekdays, and the outdoor activities will occur in a limited manner within an area that is already being utilized as an outdoor playground area for the existing church. 3. The size and shape of the site for the Proposed Project is adequate to allow the full development of the proposed use, in a manner not detrimental to the particular area or to the health and safety because the facility would be located within an existing church building without any additions or new construction. 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 traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets, adequate parking will be provided to accommodate the use, and measures will be implemented to provide more efficient on-site circulation. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed use will continue to be integrated within the existing church and would not pose a health or safety risk to the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Pern-iit No. 2017-05944, contingent upon and subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein by this rzeference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to comiclete conditions of Akublroval maw, 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 (s), (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 18.6 0.190 (Amendment to Permit Approval) and 18.60.200 (City -Initiated Revocation or Modification of Pen -nits) of the Anaheim Municipal Code. - 2 - PC2018-005 BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Res 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 judgi-nent of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and k 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 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 February 5, 2018. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, P LANN IN"G-GC-OMMIS SION- OF THE CITY OF ANAHEIM SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2018-005 STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM 1, Eleanor Morris, 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 ♦ held on February 5, 2018, by the following vote of the members thereof - AYES: COMMISSIONER$: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE, KEYS, LIEBERMAN, WHITE 122141 IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of February, 2018. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4-- PC2018-005 MINIMIT-91M.1% VI EHOLAWN DR P e 126-271-32 z 0 E LL RD 221' z c: to (0a 221' a�. STAWRR S.V. T -T o so o° Source: Recorded Tract Maps and/or City GIS. Foot Please note the accuracy is +/- two to five feet. — 5 — PC2018-005 EXHIBIT 66 99 CONDITIONAL USE PERMITNO. 2017-05944 NO. CONDITIONS OF APPROVAL PRIOR TO OCCUPANCY 1 A Fire alarm system shall be designed, installed and maintained as required by the Fire Department. 2 Any service upgrade to the existing electric meter service shall be approved by the Public Utilities Department. 3 Any changes to the trash storage and/or removal service shall be approved by the Public Works Department. RESPONSIBLE ,; DEPARTMENT Fire Department Public Utilities Electrical Engineering Division Public Works Department, Sanitation Division 4 All exterior doors to have adequate security hardware, e.g. Police Department deadbolt locks, and have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. "No Trespassing 602(k) P.C." shall be posted at the entrances of Police Department 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. Rooftop address numbers for the police helicopter shall be Police Department installed. Minimum size 4' in height and 2' in width, and the lines of the numbers are to be a minimum of 6" thick. Numbers should be spaced 12" to 18" apart. Numbers should be painted or constructed in a contrasting color to the roofing material. Numbers should face the street to which the structure is addressed. Numbers are not to be visible from the ground level. All entrances to parking areas shall be posted with appropriate Police Department signs per 22658(a) C.V.C., to assist in removal of vehicles at the property owners/managers request. 61 6 7 -6- PC2018-005 111 8 The applicant shall obtain all necessary building permits to complete the proposed interior remodel prior to commencement of the business operation. RESPONSIBLE DEPARTMENT Planning and Building Department, Building Division, Planning Services Division 9 The applicant shall complete installation of the proposed traffic Planning and Building guiding signs throughout the existing parking lot, as indicated on Department, the project plans on file in the Planning and Building Department, Planning Services prior to commencement of the business operation, Division OPERATIONAL CONDITIONS 10 All classroom windows shall be left clear and unobstructed, to Police Department allow an unimpaired line -of -sight. 11 Adequate lighting of parking lots, passageways, recesses, and Police Department 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 environment for all person, property, and vehicles on-site. 1.2 The 14 parking spaces located adjacent to the Planning and Building preschool/kindergarten facility shall be reserved as a drop-off and Department, pick-up zone during the business hours of the school, as indicated Planning Services on the project plans on file in the Planning and Building Division Department. 1.3 The hours of operation of the preschool/kindergarten facility Planning and Building shall be limited to 6:00 a.m. to 6:00 p.m., and shall not operate at Department, the same time as any worship service or other events held by the Planning Services existing church. Any changes to these hours of operation shall be Division subject to review and approval by the Planning and Building Director to ensure compatibility with the surrounding uses. 14 The preschool/kindergarten facility shall be limited to a Planning and Building maximum of 60 children. Department, Planning Services Division - 7 - PC'2018-005 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS 15 The preschool/kindergarten facility shall be operated in Planning and Building accordance with the Letter of Operation submitted as part of this Department, application. Any changes to the business operation as described. Planning Services in the Letter of Operation shall be subject to review and approval Division by the Planning and Building Director. 16 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days Planning and Building of the issuance of the final invoice or prior to the issuance of Department building pen -nits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required Planning Services permits or may result in the revocation of the approval of this Division application. 17 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively Planning and. Building referred to individually and collectively as "Indemnitees") from Department, any and all claims, actions or proceedings brought against " Indemnitees to attack, review, set aside, void, or annul the Planning Services decision of the Indemnitees concerning this permit or any of the Division 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 against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 18 The Property shall be developed substantially in accordance with Planning and Building plans and specifications submitted to the City of Anaheim by the Department, applicant and which plans are on file with the Planning Planning Services Department and as conditioned herein. Division .. 8 - PC201 8-005