Resolution-PC 2002-82•
RESOLUTION NO. PC2002-82
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A RESOLUTION OF THE ANAHEIM CIN PLANNING COMMISSION
AMENDING RESOLUTION NO. PC85-73, AS AMENDED,
ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 2667,
TO PERMIT A MODULAR CLASSROOM UNTIL MAY 28, 2007
WHEREAS, on March 18, 1985, the Anaheim City Planning Commission, by its Resolution
No. PC85-73, granted Conditional Use Permit No. 2667 to expand an existing private school to a
maximum of 225 students; and
WHEREAS, on September 16, 1985, the Commission, by its Resolution No. PC85-207,
amended the aforementioned Resolution No. PC85-73 to approve revised plans (Revision No. 1) for the
construction of an additional 3,199 sq.ft. classroom and to amend the conditions of approval in their
entirety; and
WHEREAS, on July 25, 1994, the Planning Commission, by its Resolution No. PC94-95,
amended the aforementioned Resolution No. PC85-73, as amended, to increase the maximum
enrollment to 257 students, to approve revised plans to permit a 486 sq.ft. modular classroom and a 450
sq.ft. expansion of the existing school building for classroom and storage use, to approve waiver of
minimum structural setback along Chestnut Street (15 feet required, 4 feet proposed), and to amend the
conditions of approval by amending Condition Nos. 2 and 7, and to add nine new conditions (Condition
Nos. 10 through 18); and
WHEREAS, on October 17, 1994, the Planning Commission, by its Resolution No. PC94-
140, amended the aforementioned Resolution No. PC85-73, as amended, to amend Condition No. 11
pertaining to a parking agreement in connection with any off-site parking, and to add the following new
condition (No. 19) to permit the modular classroom for a period of not to exceed three (3) years from the
original date of approval (July 25, 1994) and to expire July 25, 1997
WHEREAS, on May 28, 1997, the Planning Commission, by its Resolution No. PC97-67,
amended Condition No. 19 of the aforementioned Resolution No. PC85-73, as amended, to permit the
modular unit for an additional period of time not to exceed five years from the dated of the resolution (May
28, 1997) and to expire on May 28, 2002; and
WHEREAS, this property is developed with a private elementary school (Fairmont Private
School), which has been in operation since 1969, in the PD-C (Parking District, Commercial) zone; and
that the Anaheim General Plan designates the property for Medium Density Residential land uses; and
WHEREAS, the petitioner has requested amendment to Condition No. 19, adopted in
connection with the aforementioned Resolution No. PC85-73, as amended, to modify or delete the time
limitation in order to retain the 486 sq.ft. modular classroom, pursuant to Code Section 18.03.093 of the
Anaheim Municipal Code; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 3, 2002, 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 recornmendations 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:
CR5377DM -1- PC2002-82
(Tracking No. CUP2002-04548)
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1. That the 486 sq.ft. modular classroom, in conjunction with the existing private school, is a
use for which a conditional use permit is authorized by the Zoning Code.
2. That this use permit, as amended, will not adversely affect the adjoining land uses and
the growth and development of the area in which it is located.
3. That the size and shape of the site for the use, as proposed to be amended, is adequate
to allow fulf development of the use in a manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
4. That the traffic generated by the use, as proposed to be amended, will not impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the area.
5. That amending this 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.
6. That this conditional use permit is being exercised in substantially the same manner and
in conformance with all conditions and stipulations previously approved by the Planning Commission;
and that the use is being exercised in a manner not detrimental to the pa~ticular area and surrounding
land uses, nor to the public peace, health, safety and general welfare.
7. 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 QUALITYACT FINDIN~: Tfiat ff~e Anaheim Cify
Planning Commission has reviewed the proposal to amend this conditional use permit by the modification
or deletion of a condition of approval pertaining to a time limitation to retain a modular classroom at a
private school on property consisting of 0.73-acre located at the northwest corner of Chestnut Street and
Citron Street, and further described as 121 South Citron Street (Fairmont Private School); and does
hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit
No. 2667 is adequate to serve as the required environmental documentation in connection with this
request upon finding that the declaration reflects the independent judgment of the lead agency and that it
has considered the previously approved Negative Declaration together with any comments received
during the public review process and further fnding on the basis of the initial study and any comments
received that there is no substantial evidence that the project will have a significant effect on the
environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby amend Resolution No. PC85-73, as amended and as adopted in connection with Conditional Use
Permit No. 2667, to permit the 486 sq.ft. modular classroom for an additional five years until May 28,
2007, and to amend the conditions of approval in their entirety to ready as follows:
1. That the modular classroom shall be permitted until May 28, 2007.
2. That all existing and proposed wall-mounted equipment shall be painted to match the structure to
which it is attached.
3. That a minimum of twenty-two (22) parking spaces shall be provided. If all such parking cannot be
provided on-site in the adjacent easement to the northeast of subject property, additional off-site
parking shall be provided subject to a recorded terminable parking agreement in a form satisfactory
to the City Attorney and Traffic and Transportation Manager, and shall be recorded with the Office of
the Orange County Recorder. Should any such agreement be terminated without a satisfactory
replacement the maximum student enrollment shall revert to finro hundred finrenty-five (225) students
and the modular classroom shall be removed. A copy of the recorded agreement shall be submitted
to the Zoning Division.
4. That the maximum enrollment shall be two-hundred-and-fifty-seven (257) students.
(Tracking No. CUP2002-04548 -2- PC2002-82
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5. That the parking on the northeast side of the property shall be designated as "Visitor Parking Only."
6. Proposed Condition No. 6 was de/eted at the June 3, 2002 Planning Commission meeting.
That the property shall be maintained in conformance with Engineering Standard Plan Nos. 436 and
602 pertaining to parking standards and driveway locations.
8. That the trash storage areas shall be maintained in conformance with approved plans on file with the
Street Maintenance and Sanitation Division.
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.
10. That the property shall be maintained 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 Revision No. 2 of Exhibit 1, and Revision No. 2 of Exhibit No. 2.
11. That within a period of three (3) months from the date of this resolution Condition Nos. 2, 3, 5, 6, 9
and 10, above-mentioned, shall be completed.
12. 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 th~ request_regardingany other applicable_ordinance, regulation or requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 3, 2002.
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CHAIRPE ON, ANAHEI ITY PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, 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 heid on June 3, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDER~iLT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
vn , 2~02.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
(Tracking No. CUP2002-04548 -3- PC2002-82