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Resolution-PC 2000-67~ • RESOLUTION NO. PC2000-67 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING THE CONDITIONS OF APPROVAL OF RESOLUTION NO. PC89-34, ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT N0. 3115 (Tracking number Conditional Use Permit No. PC2000-04212) WHEREAS, on January 30, 1989, Resolution No. PC89-34 was adopted by the Anaheim City Planning Commission to grant Conditional Use Permit No. 3115 and permit a two-story fellowship hall addition to an existing church at 222 North East Street with waiver of minimum number of parking spaces; and WHEREAS, this property is developed with a church and accessory office, parish hall, fellowship hall/gymnasium, pre-school, elementary and day care school and athletic field (Zion Evangelical Lutheran Church); that the property is zoned RS-A-43,000 (Residential/Agricultural); and that the Anaheim General Plan designates this property for Low-Medium Density Residential land uses; and WHEREAS, the petitioner has requested an amendment to this conditional use permit under authority of Code Section 18.21.050.270 to construct a 14,475 sq.ft. classroom building and a 576 sq.ft. maintenance building in conjunction vu~ith the existing church and accessory private school (preschool and elementary), and with waiver of the following: Sections 18.06.050.020.026.0264 18.06.050.020.026.0266 18. 06.050.020.026.0267 18.06.080 and 18.21.066.010 Minimum number of parkinp spaces. (8~6 required; 229 proposed) WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 22, 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 amendment 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 consideratio;n 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 the Anaheim Municipal Code. 2. That the number of required parking spaces for this church facility is 876, not 421 as was inadvertently shown in the Staff Report to tY~e Planning Commission. 3. That the parking waiver, under the conditions imposed, will not cause fewer off street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of the use based on~ the parking study findings and the recommendation for approval by the City Traffic and Transportation Manager. 4. That the 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. CR3966PK.doc -1- PC2000-67 • • 5. That the 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 Anaheim~ Municipal Code). 6. That the waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for such use. 7. That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the p;ublic streets in the immediate vicinity of the proposed use. 8. That 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; and that the proposed classroom building and maintenance building are accessory uses to an existing church and will serve the residents of the city and will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 9. That the size and shape of the site for the proposed use is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 10. That the traffic generated by ~he proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 11. That amending 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. 12. That no one indicated their presence at the public hearing in opposition to the proposal; and that one letter was received in favor of ~the proposal. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 14, as defined in the State of California Environmental Impact Report (EIR) Guidelines and is, therefore, categori~ally exempt from the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend Resolution No. PC89-34, adopted in connection with Conditional Use Permit No. 3115, to permit construction of a 14,475 sq.ft. classroom building and a 576 sq.ft. maintenance building in conjunction with the existing church and aceessory private school (preschool and elementary), and with waiver of the following: Sections 18.06.050.020.026.0264 18.06.050.020.026. 0266 18.06. 050.020.026.0267 18.06.080 and 18.21.066.010 Minimum number of parkinq spaces. (876 required; 229 proposed) BE IT FURTHER RESOLVED that the Planning Commission does hereby amend the conditions of approval of Resolution No. PG89-34, in their entirety, to read as follows: That the maximum number of elementary students on-site at any time shall be four hundred thirty six (436) inclusive of day care and elementary school populations. 2. That the pre-school (early childhood) shall be limited to a maximum enrollment of one hundred twenty five (125) children. -2- PC2000-67 ~ ~ 3. That the daily hours of operation for school shall be limited to 6:00 a.m. until 6:30 p.m. Monday through Friday. The school related evening events shall be concluded by 10:00 p.m. 4. That the sanctuary and fellowship hall shall not be used for separate and simultaneous events in a manner which creates excess parking demand to ensure that adequate parking is provided on-site at all times. 5. That three (3) foot high address numbers shall be displayed on the roof of the building in a contrasting color to the roof material. The numbers shall not be visible to the street or adjacent properties. 6. That landscaping shall be provided around the above-ground large meter or fire line to visually shield it from the street. 7. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 8. That all existing water services shall conform to current Water Utility standards. Any existing water senrices that are not approved by said~ Utility for continued use shall be upgraded to current standards, or abandoned by the developer. If the existing services are no longer needed, they shall be abandoned by the developer. 9. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view and the sound buffered from adjacent residential properties. Said information shall be specifically shown on the plans submitted for building permits. 10. That lockable pedestrian and/or vehicular access gates shall be equipped with "knox" devices as required and approved by the Fire Department. 11. 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. 12. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor uses. 13. That no compact parking spaces shall be permitted (with the exception of the existing compact parking spaces originally allowed by Conditional Use Permit No. 3115). 14. That the driveways to this property shall be reconstructed to accommodate ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 137. Said information shall be specifically shown on plans submitted for building permits. 15. That granting of the parking waiver is contingent upon operation of the use in conformance with the assumptions and/or conclusions 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 and/or conclusions, as contained in the parking demand study, shall be deemed a violation of the expressed conditions imposed upon said waiver which shall subject this conditional use permit to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. -3- PC2000-67 ~ ~ 16. That the proposall shall comply with all signing requirements of the RS-A 43,000 (Residential Agricultural) Zone unless a variance allowing sign waivers is approved by the Planning Commission or City Council. 17. That lighting fi~ures in any proposed parking area located adjacent to any residential property shall be down-lighted with a maximum height of twelve (12) feet. Said lighting fixtures shall be directed away from adjacent residential property lines to protect the residential integrity of the area, and it shall be so-specified on the plans submitted for building permits. 18. That the existing portable classrooms shall be removed from the property. 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 Exhibit Nos. 1, 2 and 3(tracking number Conditional Use Permit No. PC2000- 04212), and as conditioned herein. 20. That a letter requesting termination of ~Conditional Use Permit No. 3613 (permitting three portable classrooms in order to expand an existing private elementary school with waiver of minimum number of parking spaces) to the Zoning Division. 21. That prior to commencement of the activity authorized by this resolution, or prior to issuance of a building permit for any phase, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 9, 11, 13, 14, 17 and 20, 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 i'nspections Condition Nos. 5, 6, 8, 18 and 19, above- mentioned, shall be complied with. 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. 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 22, 2000. ,~%GIAJ ~ CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: ' c (~Ld ~ SECRETA Y, A HEIM CITY PLANNING COMMISSION -4- PC2000-67 ~ • 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 May 22, 2000, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BRISTOL IN WITNESS WHEREOF, I have hereunto set my hand this N day of , 2000. CLi l~ (~~~ SECR TAR ANAHEIM CITY PLANNING COMMISSION -5- PC2000-67