Loading...
Resolution-PC 2004-106~ ~ RESOLUTION NO. PC2004-106 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETIT{ON ~OR CONDITIONA~ USE PERMIT NO. 2871 BE GRANTED ' (2323 WEST BROADWAY) WHEREAS, on January 5, 1987, Resolution No. PC87-05 was adopted by the Anaheim City Planning Commission to approve Conditional Use Permit No: 2871 for an expansion to an existing private educational institution; and : W HEREAS, the petitioner has requested to amend previously-approved exhibits to construct a gymnasium in conjunction with the existing school. WHEREAS, the Anaheim CityPlanning 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: ALL THAT CERTAIN LAND SITUATED IN SECTION 18, TOWNSHIP`4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED 1N BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LIEN OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S.B.B. & M. NORTH 88° 15" EAST 865.95 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER AND RUNNING THENCE NORTH 0° 21' 00° WEST 666.49 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH NALF OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER; 7HENCE NORTH 88° 58' OT' WEST 230.60 FEET FROM THE NORTHEAST QUARTER; THENCE SOUTH 0° 18' 10" EAST 666.50 FEET A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER WHICH SAID POINT IS SOUTH 88° 58' 15" WEST 1548.50 FEET FROM THE SOUTHEAST CORNER OF THE NORTH HAIF OF SAID NORTHEAST QUARTER; THENCE SOUTH 88° 58' 15" WEST 225.15 FEET TO THE POINT OF BEGINNING. ALL THAT CERTAIN LAND SITIlATED IN SECTION 18, 1'OWNSNIP 4 50UTH RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51 PAGES 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S.B.B & M. NORTH 88° 58' 15" EAST 1091.10 FEET FROM THE SOUTHWEST QUARTER OF SAID NORTHEAST QUARTER AND RUNNING THENCE NORTH 0° 18' 10" WEST 666.50 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUAR7ER; THENCE NORTH 88° 58' 07" EAST 230.60 FEET TO THE NORTHEAST CORNER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER; THENCE SOUTH 0° 08' 25" EAST 666.51 FEET TO THE SOUTHEAST CORNER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER; THENCE SOUTH 88° 58' 15" WEST 228.70 FEET TO THE POINT OF BEGINNING. Cr\PC2004-106 -1- PC2004-106 (TRACKING NO. CUP2004-04872) ~ ~ . WHEREAS; the City Planning Commission did hold a public hearing at the Civic Center in the City ofAnaheim on August 9, 2004 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 18.66.040.030, 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 that said public hearing was continued to the August 23 and September 20, 2004PIanning'Commission meetings; and , WHEREAS, said Commission, after due inspection, investigation and studymade by itself and in its behalf, and after due consideration of all evidence and reports offered at saidhearing, 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 18.14.030.040.0402, to construct a new gymnasium in conjunction with an existing private educational institution with waiver of the following: SECTION N0. 18.40.040.040 Maximum structural heiqht adiacent to a residential zone boundarv (12.5 feet permitted; 13-30 feet proposed) 2 That there are special circumstances applicable to the property such as size, shape, topography;location or surroundings, which do not apply to other identically zoned properties in the Vicinity, as a survey of the site indicated that along the easterly property line adjacent to existing multiple family dwellings, the new structure would be immediately adjacent to an approximately thirty (30) foot wide driveway. Additionally, the nearest bui{ding on the ad}'acent property has no windows facing the schoo4 property. Because the property is adjacent to residential on both the north and east property lines, an undue burden is created as a result of the size of the property relative TO the existing site configuration; and 3. That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties in identical zoning classification in the vicinity in that staff surveyed nearby properties comparable in size and identified the Ralph's Shopping Center at the southeast corner of Lincoln Avenue and Gilbert Street has a structure similar in height and mass to the proposed gymnasium approximately forty feet from the adjacent residential zone boundary. There is an existing garage/storage structure adjacent to both the north and east property lines, and an existing carport approximately four (4) feet from the east property line. Both of these structures exceed the height limit and are s+tuated much closer to the property line than the proposed Iocation of the new gymnasium. The new building would be only thirteen feet in height at its closest point along the north elevation, and then increase to thirty feet in height at a distance of thirty-eight feet from the property line. Along the easterly property line adjacent to existing multiple family dwellings, the new structure would be immediately adjacent to an approximately thirty (30) foot wide driveway; and 4. That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code; and 5. That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be {ocated as the new bu'slding would be only thirteen ' feet in height at its closest point along the north elevation, and then increase to thirty feet in height at a distance of thirty-eight feet from the property line. Along the easterly property line adjacent to existing multiple family dwellings, the new structure would be immediately adjacent to an approximately thirty (30) foot wide driveway; and 6. That 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 or to the health and safety; PC2004-106 ~ ~ 7. That 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 as the proposed gymnasium is accessory to the school facilities and would not be utilized concurrently with other assembly facilities on site; and 8. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. 9. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. , CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Gity Planning Commission has reviewed the proposal to construct a new gymnasium in conjunction with an existing private educational institution with waiver of maximum structural height adjacent to a residential zone boundary; 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 have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend in its entirety, the conditions contained in Resolution No. PC87-05 to read as follows 1. That the hours of operation of the facility shall be limited from 7 am to 11 pm. 2. That the enrollment of the school shall be a maximum of 320 students and staff shall consist of a maximum of 40 teachers and administrators. ~ 3. That the gymnasium shall not be used concurrently with the existing auditorium for special events or assembly uses (with the exception of the art room for regular class schedules). 4. That 24-inch box sized broad-headed evergreen trees spaced 20 feet on center shall be planted within the side and rear setback areas adjacent to the proposed gymnasium to include 10 trees along the north property line and 11 trees along the east property line. Said information shall be specifically shown on plans submitted for building permits. 5. That the existing block wall along the east property line be increased to a height of six (6) feet as required by code. Said information shall be specifically shown on plans submitted for building permits. 6. That the property owner shall install and maintain decorative wrought iron gates between the proposed gymnasium and the north and east property lines to secure the rear and side yard areas adjacent to the new building. Said information shall be specifically shown on plans submitted for building permits. 7. That the setback areas along the north and east property lines shall be equipped with lighting to the satisfaction of the Police Department. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonab{y illuminate the windows of nearby residences. Said information shall be specifically shown on plans submitted for building permits. 8. That all plumbing downspouts, ladders and/or other similar pipes and fixtures located on the exterior of the building shall be integrated into the architecture of the building. Said information shall be specifically shown on the plans submitted for building permits. -3- PC2004-106 ~ ~ 9. That the installation of streetlights as determined by the Public Utilities Department, Electrical Engineering Division or a bond in lieu of such work shall be posted prior to occupancy. 10. That if required to serve the building, the legal owner of subject property shall provide the City of Anaheim with a public utilities easement across the property to be determined as electrical design is completed. 11. That any required relocation of City electrical facilities shall be at the developer's expense. Landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be'shown on plans submitted for building permits. 12. ' That the legal property owner shall submit an application for a Subdivision Map Act Certificate of Compliance to the Public Works Department, Development Services Division for the parcel on which the proposed building is located. A Certificate of Compliance or Conditional Certificate of Compliance shall be approved by the City Engineer and recorded in the Office of the Orange County Recorder prior to issuance of a building permit. 13. That prior to the issuance of grading permit, the applicant shall submit to the Public Works Department Development Services Division for review and approval a Water Quality Management Plan that: • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. • Incorporates Treatment Control BMPs as defined in the DAMP. • Describes the long-term operation and maintenance requirements for the Treatment Control BMPs • Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs, and describes the mechanism for funding the Iong-term operation and maintenance of the Treatment Control BMPs. 14. That prior to issuance of a certificate of occupancy, the applicant shall: • Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project W QMP • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 15. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 16. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 17. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 436 and 470 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 18. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with -4- PC2004-106 ~ ~ said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. Said information shall be specifically shown on the plans submitted for building permits. 19. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to thePublic Works Department, Streets and Sanitation Division for review and approvaL 20. That the location of the trash enclosure shall be reviewed and approved by the Public Works Department, Streets and Sanitation Division, for safety and the on-site trash truck turnaround. 21. That four (4) foot high street address numbers shalf be displayed on the roof of the building in a cofor that contrasts with the roof materiaL The numbers shall not be visible to the adjacent streets or properties. Said information shall be specifically shown on the plans submitted for building permits. 22. That all backflow equipment shall be located above ground and outside the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside the street setback area in a manner fully screened from all public streets. Said information shall be specifically shown on plans submitted to the Water Engineering and Cross Connection Control Inspector for review and approvaL 23. 7hat all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department. 24. That because this project has a landscaping area exceeding 2,500 square feet, a separate irrigation ` meter shall be installed in compliance with Chapter 10.19 (Landscape Water Efficiency) of Anaheim Municipal Code and Ordinance No. 5349 regarding water conservation. Said information shall be specifically shown on the plans submitted for building permits. 25. That all existing water services and fire lines shall conform to current Water Service Standards Specifications. Any water service or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the cost to upgrade or to abandon any water service or fire line. 26. That the 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, 3, 4, and 5, and as conditioned herein. 27. That doors facing the residential area to the north and east shall remain closed at all times but unlocked for emergency access. 28. 7he only church activities that shall occur on the property are those that are accessory to the private high school.. 29. That the applicant shall pay a sewer impact mitigation fee for the combined West Anaheim area. The fee is currently $52/$1,000 square feet of gross floor area. 30. That prior to issuance of a building permit for the first tenant space or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 4, 5, 6, 7, 8, 10, 11, 12, 13, 17, 18, 19, 20, 21, 22, 24 and 29, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Chapter 18.60 of the Anaheim Municipal Code. -5- PC2004-106 ~ ~ 31. That prior to final building and zoning inspections, Condition Nos. 9, 14 and 26, above-mentioned, shall be complied with. 32. 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 defermine that adoption of this Resolution is expressly predicated upon applicanYs compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be decfared invalid or unenforceable by the final }udgment 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 September 20, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60. "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to' appeal procedures and may be replaced by a City Council Resolution in the event of a p al... ~~ CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ' ATTEST: /~ l~~l / li /1 /I /I R SE.CRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, Senior 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 September 20, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE N WITNESS WHEREOF, I have hereunto set my hand this ~ day of _ , 2004. Jh/~/ . 1~a _ .,~~ ~s ENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -6- PC2004-106 '