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Resolution-PC 2006-65- ~ ~ RESOLUTION NO: PC2006=65 ' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THA7PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05084 BE GRANTED ' , (2530 WEST LA PALMA AVENUE) < WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Rermit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1 AND 2 IN THE CITY OFANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 51,`PAGE 8 OF PARCEL MAPS, !N THE OFFICE OF THE COUNTY RECORDER OF SA4D COUNTY. WHEREAS, :the Pfanning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 10, 2006, at 2:30 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 18.60, 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 request to retain and expand an existing private school which shares the site with an existing church,.to permit grades 1 through 7 to an existing school for grades 8 through 12 is - ' properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18:14.030.040.0403 (Educational Institutions-General) with the following waiver: SECTION NO. 18.42.040.010 Minimum number of parkinq spaces _ 172 required; 61 proposed) 2. That the parking waiver is hereby approved based upon a parking analysis dated May 31, ` 2006, prepared bythe City's Independent Traffic Engineer providing evidence that adequate parking exists on the property to retair- and expand an existing private school in conjunction with an existing church. 3. That the parking waiver, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the school expansion and church operations than the number of such spaces necessary to accommodate all vehicles attributable to such uses under the normal and reasonable foreseeable conditions of operation. 4. That the parking waiver, under the conditions imposed, if any, will not increase traffic congestion and will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the use because the supply of parking spaces is adequate for the anticipated parking demand and no congestion within the parking lots is expected. The school staff also monitors the drop-off and pick-up procedures, such that the teachers are able to direct vehicles through the site to avoid any queuing of vehicles onto La Palma Avenue. 5. That the parking waiver, under the conditions imposed, will not increase the demand and competitiorrfor parking spaces upon adjacent private property in the immediate vicinity of the proposed use. because as indicated in the parking study, adequate parking to accommodate the anticipated peak parking demand for the church and private school will be provided on-site. 6. That the parking waiver, under the conditions imposed if any, will not impede vehicular ingress to or'egress from ad}acent properties upon the public streets in the immediate vicinity of the Gr\PC2006-65 -1- PC2006-65 ~ ~ proposed use because the project site is physically separated from`adjacent private properties. Furthermore, . it has been determined by the parking study that adequate on-site queuing and parking are being provided. 7. That the use will not adversely affect the ad}'oining land uses or the growth and develapment of the area in which it is proposed to be located as the parking study has demonstrated that the site can accommodate the combined uses on-site and a portion of the proposed use is already operating in a manner , ° that is not adversely affecting adjoining land uses, 8. That 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 evidenced by the lack of Community Preservation complaints for the existing operation of the church and schooL 9. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved #o carry the traffic in the area. 10. That the size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to #he particular area or`the health and safety. 11. 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 ENVIRONMEN7AL QUALITY ACT FINDING That the Planning Commission has reviewed the proposal and does hereby approve.the Negative Declaration upon finding that the declaration reflects the independent judgmenf 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 Planning Commission does hereby grant subject Petifion for Conditional Use Permit, 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 heath and safety of the Citizens of the City of Anaheim: 1. That the school and church shall operate consistent with assumptions contained in the approved parking study. lf at any such time the operational characteristics of the church change, a detailed description of the operational changes shall be submitted for review by the City's Traffic and Parking Consultant to determine if the changes would cause fewer off-street parking spaces to be provided than required to serve the activities on the property. If it is determined the expected demand is greater than the spaces provided on site, an application for modification of the conditional use permit shall be submitted to the Planning Services Division for approval by the Planning Commission. 2. That any additional signs shall be submitted to the Planning Services Division for review and approvaL Any decision by staff regarding signs may be appealed to the Planning Commission as a`Report and Recommendation' item. 3. That the property shall be permanently maintained in an orderly fashion through the provisions of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 4. ~hat drop-off vehicles shall be routed through the site and out via the easterly drive aisle. 5. That the school shall be responsible for securing overflow parking on adjacent property for large assemblies in which parents are invited and all teachers are present on campus together. -2- PC2006-65 ~ ~ 6. 7hat the school shall be responsible for coordinating with the church to ensure that the school and church shall not hold assemblies or services concurrently during the week. 7: That the property owner shall submit a letter requesting termination of Conditional Use Permit No. 3538 (to permit a private educational facility (8th grade through 12th grade) in conjunction with an existing church) and Conditional Use Permit No: 3424 (to permit a pre-school in an existing church and the construction of finro 1,492-square.foot modular housing units for pastor's quarters with waiver of minimum required yard, minimum number of parking spaces and maximum structural height) to the Planning Department. 8. That the applicant shall submit plans to the Building Division which demonstrates compliance with - exiting and other applicable building and fire coderequirements. 9. That a fire alarm system shall be designed, install,ed and maintained as required by the Fire Department. Said information shall be specifically shown on plans submitted for building permits. 10. That four (4) foot high address numbers shall be displayed on #he roof of the building in contrasting color to the roof materiaL The num6ers shall nofbe visible to adjacent and nearby streets or properties." Said information shall be specifically shown on plans submitted to the Police Department, Community Services'Division, for review and approvaL 11. 7hat an Emergency Listing Card, Form ADP-281 shall be completed and submitted in a completed form to the Anaheim Police Department. 12. This condition of approval was deleted at today's public hearing. 13. That gates shall not be instaAed across any driveway or private street in a manner, which may adversely affect vehicular traffic on the adjacent public street. Installation of any new gates shall , conform to the Engineering Standard Plan No. 475 and shall be subject to the review and approval of the City Traffic and Transportation Manager prior to issuance of a building permit. 14. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval in conformance with the Engineering Standard No. 115 pertaining to sight distance visibility for any new sign or wall/fence location. 15. That the subject property shaA be deVeloped substantiaAy in accordance with the plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department Exhibit Nos. 1 through 8 and as conditioned herein. 16. That the maximum permitted enrollment of students shall be 144. 17. That the unpermitted storage containers located in the southern parking lot shall be removed within thirty (30) days from the date of this resolution. 18. This condition of approval was deleted at today's public hearing. 19. That prior to fina! building and zoning inspections, or within a peciod of thirty (30) days from the date of this resolution, whichever occurs first, Condition Nos. 7, 8, 10, 11, 13 and 17, above-mentioned, shall be complied with; and within a period of sixty (60) days from the date of this resolution, whichever occurs first, Condition No. 9, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 20. 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 -3- PC2006-65 ~ ~ regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regufation or requirement. ` 21: That 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 Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved : development. _ BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine 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 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. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the commencement of the activity or issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of fhis application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 10, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to a al ures a m replaced by a City Council Resolution in the event of an appeal. ~ CHAIRMAN, AHEIM PLANNING COMMISSION ATTEST: ,~IJ~P~,~rwZ-- /~~ ~e'1'~'~ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) f, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on July 10, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: KARAKI IN WITNESS WHEREOF, 1 have hereunto set my hand this ~-day of , 2006. ~ ~~~ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- ' PC2006-65