Resolution-PC 2000-101~ •
RESOI~UTION NO. PC2000-101
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIOIVAL USE PERMIT NO. 4244 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL A:
IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING
ALL OF PARCEL 1 AND PARCEL 5 OF MAP FILED IN BOOK 93, PAGES 3 AND 4 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
AND AS SHOWN ON EXHIBIT "B" OF LOT LINE ADJUSTMENT #383 RECORDED AS
INSTRUMENT NO. 98-367110 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 5, SAID CORNER
BEING ALSO THE NORTHEASTERLY CORNER OF LOT 197 OF TRACT NO. 1202,
PER MAP FILED IN BOOK 37, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND ALSO BEING A
POINT ON THE SOUTHWESTERLY RIGHT OF WAY OF SEQUOIA AVENUE, 50 FEET
WIDE; THENCE SOUTH 57 DEGREES 12' 36" EAST ALONG THE NORTHERLY
BOUNDARY OF SAID PARCEL 5 AND ALONG SAID SOUTHWESTERLY RIGWT OF
WAY OF SEQUOIA AVENUE, A DISTANCE OF 29.99 FEET TO THE
NORTHEASTERLY MOST CORNER OF SAID PARCEL 5, SAID POINT BEING ALSO
THE NORTHWEST CORN!ER OF SAID PARCEL 1; THENCE CONTINUING SOUTH 57
DEGREES 12' 36" EAST ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL 1
AND ALONG SAID RIGHT OF WAY, A DISTANCE OF 215.88 FEET TO THE
NORTHEAST CORNER 0~ SAID PARCEL 1, SAID RIGHT OF WAY, A DISTANCE OF
215.88 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 1, SAID POINT
BEING ALSO THE NORTHWEST CORNER OF PARCEL 2 OF SAID PARCEL MAP;
THENCE LEAVING SAID FtIGHT OF WAY SOUTH 00 DEGREES 43'36"EAST ALONG
THE EASTERLY BOUNDARY OF SAID PARCEL 1 AND THE WESTERLY BOUNDARY
OF SAID PARCEL 2, A DI~TANCE OF 394.83 FEET TO AN ANGLE POINT; THENCE
SOUTH 44 DEGREES 16' 24" WEST, A DISTANCE OF 28.28 FEET TO AN ANGLE
POINT; THENCE SOUTH 00 DEGREES 43' 3"' EAST, A DISTANCE OF 500 FEET TO
THE SOUTHEAST CORN~R OF SAID PARCEL 1, SAID POINT BEING ALSO AN
ANGLE POINT IN THE BOUNDARY OF SAID PARCEL 5; THENCE CONTINUING
SOUTH 00 DEGREES 43' 36" EAST ALONG THE EASTERLY BOUNDARY OF SAID
PARCEL 5, A DISTANCE OF 130.00 FEET TO THE SOUTHEAST CORNER OF SAID
PARCEL 5 AND A POINT ON THE NORTHERLY BOUNDARY OF PARCEL 4 OF SAID
PARCEL MAP; THENCE SOUTH 88 DEGREES 38' 41" WEST ALONG THE
SOUTHERLY BOUNDARY OF SAID PARCEL 5 AND ALONG THE NORTHERLY
BOUNDARY OF SAID PAFtCEL 4, A DISTANCE OF 185.00 FEET TO THE
SOUTHWESTERLY MOSt CORNER OF SAID PARCEL 5, SAID POINT ALSO BEING
THE SOUTHEAST CORNER OF LOT 97 OF SAID TRACT NO. 1202; THENCE NORTH
00 DEGREES 43' 36" WEST ALONG THE WESTERLY BOUNDARY OF SAID PARCEL
5 AND ALONG THE EASTERLY BOUNDARY OF SAID TRACT NO. 1202, A DISTANCE
OF 687.62 FEET TO THE POINT OF BEGINNING.
PARCEL B:
PARCEL 2, IN THE CITY OF ANAHEIM COUNTY OF ORANGE, STATE OF
CALIFORNIA MAP RECORDED IN BOOK 93 PAGES 3 AND 4,
CR4030PK.DOC -1- PC2000-101
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•
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on August 28, 2000 at 1:30 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
18.03, to hear and consider evidence for and against said proposed conditional use permit and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said 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. That the proposed ~use is properly one for which a conditional use permit is
authorized by Anaheim Municipal Code Section 18.44.050.270 to expand an existing private school with
waivers of the following:
(a) Section 18.04.060.013
(b) Section 18.04.060.050
(c) Sections 18.06.050.026.0262
18.06.050.0267
18.06.050.0268
and 18.44.066.050
(d) Section 18.44.063.020
- Required number of trees.
(minimum 45 trees required along Sequoia Avenue;
16 trees existing and proposed)
- R'equired parkinq lot landscapinq.
- Minimum number of parking spaces.
(541 spaces required; 172 spaces proposed and 159 spaces
recommended by the City Traffic and Transportation Manager)
- R~equired landscaqe setback abuttinq a local street.
2. That waiver (a), minimum number of trees, is hereby denied on the basis that
there are no identified special circumstances which are applicable to this property; and that granting this
waiver would have the effect of granting a special privilege not shared by other similar commercially
zoned properties in the vicinity; and, further, that at the public hearing the petitioner agreed to provide the
required number of trees.
3. That waivers (b), required parking lot landscaping, and (d), required landscape
setback abutting a local street, are hereby denied on the basis that they were deleted following submittal
of revised plans.
4. That waiver (c), mihimum number of parking spaces, is hereby approved on the
basis of the parking study findings discussed in the Staff Report to the Planning Commission dated
August 28, 2000; and that the City Traffic and Transportation Manager reviewed the parking study and
agreed that there is an adequate supply of parking spaces for the proposed expanded private junior and
senior high school.
5. That the proposed ~use will not adversely affect the adjoining land uses and the
growth and development of the area in whi~h it is proposed to be located.
6. That the size and shape of the site for the proposed use is adequate to allow the
full development of the proposal in a manner not detrimental to the particular area nor to the peace,
health, safety and general welfare. ,
7. That the traffic gen~erated 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.
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8. That granting of this 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.
9. That no one indicated their presence at the public hearing in opposition to the
proposal; and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to expand an existing private school with waivers of
required number of trees, required parking lot landscaping, minimum number of parking spaces and
required landscape setback abutting a local street on a irregularly-shaped 5.6-acre property having a
frontage of 895 feet on the southwest side of Sequoia Avenue, having a maximum lot depth of 695 feet,
being located 180 feet east of the centerline of Siesta Street, and further described as 2220-2240 West
Sequoia Avenue (Fairmont Private School); and does hereby approve the Negative Declaration upon
finding that the declaration reflects the independent judgment of the lead agency and that it has
considered the Negative Declaration together with any comments received during the public review
process and further finding on the basis of the initial study and any comments received that there is no
substantial evidence that the project will haWe a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, in part, upon the following conditions which
are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanit~ation Division, and in accordance with approved plans on file
with said 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 plant materials such as minimum one (1) gallon
sized clinging vines planted on maxirmum three (3) foot centers, or tall shrubbery. Said information
shall be specifically shown on the plans submitted for building permits.
2. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the Streets and Sanitation Division for review and approval.
3. That an on-site trash truck turn-around area shall be provided in accordance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division.
Said turn-around area shall be specifucally shown on plans submitted for building permits.
4. That gates shall not be installed across any driveway in a manner which may adversely affect
vehicle traffic in the adjacent public street. Installation of any gates shall conform to Engineering
Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic and
Transportation Manager prior to issuance of a building permit.
That plans shall be submitted to the ~ity Traffic and Transportation Manager for review and
approval showing conformance with t'~he current versions of Engineering Standard Plan Nos. 436
and 602 pertaining to parking standards and driveway locations. Said information shall be
specifically shown on plans submitted for building permits and subject property shall thereupon be
developed and maintained in conformance with said plans.
6. That all driveways on Sequoia Avenue shall be constructed and/or reconstructed to accommodate
ten (10) foot radius curb returns in conformance with Engineering Department Standard No. 137.
Said information shall be specifically shown in plans submitted for building permits.
7. That no required parking or pedestrian circulation or vehicle circulation area shall be fenced or
otherwise enclosed for storage or other outdoor uses.
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That no compact or small car parking spaces shall be permitted.
9. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement
twenty eight (28) feet in width from the centerline of the street along Sequoia Avenue for street
right-of-way purposes.
10. That a four (4) foot wide sidewalk shall be constructed along Sequoia Avenue and that a six (6) foot
wide landscaped parkway shall be planted between the curb and sidewalk. The landscaping plan
shall be submitted to the Parks Division for review and approval prior to issuance of a building
permit. The developer shall obtain the appropriate right-of-way construction permit.
11. That because this project has landscaped areas exceeding finro thousand five hundred (2,500)
square feet, a separate irrigation meter shall be installed and comply with City of Anaheim
Ordinance No. 5349 and Chapter 10.19 of Anaheim Municipal Code. Said information shall be
specifically shown on plans submitted for building permits.
12. That all existing water services shall conform to current Water Utility standards. Any existing water
services that are not approved by the Water Utility for continued use shall be upgraded to current
standards or shall be abandoned by the developer. If the existing services are no longer needed,
they shall be abandoned by the developer.
13. (a) That the existing thirty (30) foot high pole sign located at the northwest corner of subject
property shall be removed prior to March 31, 2001;
(b) That the existing sixty (60) footihigh pole sign adjacent to the east property line shall be
removed by January 8, 2001; ~nd
(c) That these pole signs may be r~placed by a maximum of two (2) monument signs in
compliance with Zoning Code standards. Any proposed monument sign(s) shall be
submitted to the Zoning Division for review and approval. Any additional signs visible off-site
shall also be subject to review and approval by the Zoning Division. Any decision of the
Zoning Division regarding signs may be appealed to the Planning Commission and/or City
Council.
14. That the maximum enrollment at this campus shall be seven hundred fifty (750) students
(consisting of five hundred (500) senior high students and two hundred fifty (250) junior high school
students); and that the maximum number of teachers shall be forty nine (49) and the maximum
number of administrative staff shall be finrenty seven (27).
15. That the petitioner shall coordinate security activities with the Anaheim Union High School District.
Proof of said coordination shall be submitted by the applicant to the Zoning Division.
16. That roof-mounted mechanical equipment for the gymnasium shall be limited to a maximum of two
(2) roof-mounted air conditioning units and five (5) ventilation fans, not to exceed three (3) feet in
height, painted to match the building and roof, and screened by a three (3) foot high parapet wall
surrounding the entire roofline. The noise levels for the air conditioning units shall not exceed Code
limitations for noise at the property line. Any ground-mounted air conditioning unit or mechanical
equipment shall be located on the east side of the gymnasium building (away from residential
zoning and nearby residences). Said information shall be specifically shown on plans submitted for
building permits.
17. That any roof or ground-mounted intake and exhaust systems for any forced air ventilation shall be
designed and maintained so as not to adversely impact the adjacent residents.
18. That there shall be no restrooms or showers permitted within the auditorium/gymnasium building.
19. That the roll-up doors on the west elevation of the auditorium/gymnasium building shall be kept
closed at all times, except during times of deliveries.
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20. That the hours of operation for the auditorium/gymnasium facility shall be restricted to 7 a.m. to 10
p.m.
21. That a gate shall be maintained at the westerly driveway entrance on Sequoia Avenue. The gate
shall be closed befinreen 10 p.m. and ~ a.m. and during all non-school hours, including weekends
and holidays, to prevent access to the property.
22. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrencs.
23. That a landscaping and irrigation plan~for subject property showing compliance with Code
standards shall be submitted to the Zoning Division for review and approval. Any decision made by
the Zoning Division regarding said pla~n may be appealed to the Planning Commission and/or City
Council.
24. That the front landscaped setback shall be a minimum five (5) feet wide, shall include a landscaped
earthen berm, and shall be planted and irrigated with at least forty five (45), fifteen (15) gallon
sized, trees; provided, however, that the City Traffic and Transportation Manager may modify this
requirement to ensure adequate vehicle and pedestrian visibility. Said information shall be
specifically shown on the plans submi~tted for building permits.
25. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased or dead.
26. That the locations for future above-ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown
on the plans submitted for building pe:rmits. Said plans shall also identify the specific screening
treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access
points, etc.) and shall be subject to the review and approval by the appropriate City departments.
Said information shall be specifically Shown on plans submitted for building permits.
27. That the owner of subject property shall submit a letter to the Zoning Division requesting
termination of the following petitions:
(a) Conditional Use Permit No. 1642 (permitting a church and planned unified industrial service
center with waivers of maximum structural height, minimum structural setback, required
improvements to the setback areas, and required site screening);
(b) Conditional Use Permit No. 2262 (permitting on-premises sale and consumption of alcoholic
beverages in a proposed Moose Lodge at 2232 West Sequoia Avenue);
(c) Conditional Use Permit No. 2919 (permitting an automobile repair facility at 2240 West
Sequoia Avenue);
(d) Conditional Use Permit No. 3675 (permitting a private educational facility [ninth through
twelfth grades] with a caretaker's unit and with waiver of minimum number of parking
spaces); and
(e) Conditional Use Permit No. 3924 (permitting construction of a gymnasium/auditorium and
classroom for a private educational facility with waivers of required parking lot landscaping,
minimum number of parking spaces, maximum structural height, and minimum landscaping
adjacent to residential zones).
28. That lighting for this facility shall be designed and positioned in a manner so as not to unreasonably
illuminate or cause glare onto adjacent or nearby streets and/or properties. That the parking lot
lighting for the expansion shall consist of decorative lighting units compatible with the architecture
of the buildings. Said information sh~ll be specifically shown on plans submitted for building
permits.
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29. 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 mar~ked Exhibit Nos. 1, ,2, 3, 4, 5, 6, 7 and 8, herein-mentioned, and as conditioned
herein.
30. That the residential streets to the west shall not be utilized by students, teachers or employees of
this school.
31. That an unsubordinated maintenance and management covenant shall be submitted to the Zoning
Division and approved by the City Attorney's office. The covenant shall include provisions for
maintenance, reciprocal access and parking, architecture, landscaping and signage to ensure that
the separate parcels are integrated for these purposes. The form of said covenant shall be
approved by the City Attorney's Office, and following approval the document shall be recorded in
the Office of the Orange County Recorder. A copy of the recorded covenant shall then be
submitted to the Zoning Division.
32. That the hours of operation for this pr~ivate school shall be limited to the following:
Monday through Saturday: 7;00 a.m. to 10:00 p.m.
Sunday: 7:00 a.m. to 7:00 p.m.
33. That no outdoor loud speakers, whicla are audible to the residential area to the west, shall be
permitted.
34. 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, 3, 4, 5, 6, 9, 10, 11, 13, 15, 16, 17, 23, 24,
26, 27, 28 and 31, 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.
35. That prior to final building and zoning inspections, Condition Nos. 12, 16, 18 and 29,
above-mentioned, shall be complied with.
36. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municip~al 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 RESOLV~ED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Re~olution 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.
THE FOREGOING RESOLUTION was adop~ted at the Planning Commission meeting of
August 28, 2000. ~~ ~
N,
ATTEST: !'
SE RETA , ANAHEIM CITY PLANNING COMMISSION
EIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, 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 August 28, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, BOYDSTUN
IN WITNESS WHEREOF, I have hereunto set my hand this ~'~ day of
, 2000.
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ECRE RY, ANAHEIM CITY PLANNING COMMISSION
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