Loading...
Resolution-PC 2006-69~ ~ ' RESOLUTION NO: PC2006-69 'A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CQNDITIONAL USE'PERMIT N0: 2006-05118 BE GRANTED ' - (1401 SOUTH ANAHEIM BOULEVARD) 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 Cal'ifornia, described as , PARCEL 2 AND 3 OF PARCEL MAP NO. 84-231,JN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CAUFORNIA, ASPER MAP RECORDED IN BOOK 194, PAGES 11-12 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY:: : WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 7, 2006 at 2:30'p.m.; notice of said 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 permif 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 No. 18.08.030.040.0402 (Day Care Centers) to permit a pre-school in an existing office building. 2. : That the use is compatible with an adjacent elementary school and will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed as there is adequate parking and play area on-site to accommodate the use. 3. 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 and will provide a convenient service to residents as the pre-school will be adjacent to an elementary school. 4. 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 because the pre-school generates less trips than a more traditional commercial use. 5. That the size and shape of the site is adequate to allow the full development of the pre- school in a manner not detrimental to the health and safety of the particular area. 6. 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: The Planning Director or her authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 3(New Construction or Conversion of Small Structures), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. • • NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition 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 safety and general welfare of the Citizens of the Cityof'Anaheim: ' 1. That.any signage shall be submitted tothe Planning Services Division for review and approval. Any decision by staff regarding signs may be appealed to the Planning Commission as a"Reports and Recommendations" item.'- 2. 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 gra~ti within twenty four (24) hours from the time of discovery. 3. That the property owner shall submit a letter requesting termination of Variance No.3365 (to establish a business school with waiver of minimum number of parking spaces) to the Planning Department. 4. That four (4) foot high address numbersshall be displayed flat on#he roof of the building in contrasting : color to the roof materiaL The numbers shall not be 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 5. That an Emergency Listing Card, Form ADP-281 shall be completed and submitted in a completed form to the Anaheim Police Department. 6. That the classroom doors shall be equipped with locks that can be locked from the inside allowing lockdown of those rooms in the event of criminal activity in or around the building. The doors shall allow for required exiting in case of emergency. Said information shall be specifically shown on plans submitted for building permits. 7. That all classroom windows shall be left clear and unobstructed, to allow an unimpaired line of sight by a peace officer into the interior of the classroom during school hours. Said information shall be specifically shown on plans submitted for building permits. 8. That there shall be no outdoor storage at the site. Any existing storage shall be removed within ninety (90) days of the date of this resolution. 9. That the existing unpermitted pole sign shall be removed. Said information shall be specifically shown on plans submitted for building permits. 10. That the maximum permitted enrolfinent of students shall be thirty (30). 11. 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 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 1-gallon size clinging vines planted on maximum 3-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 12. That the parking lot shall be re-surFaced and re-striped in conformance with City standards. Said information shall be specifically shown on plans submitted for building permits and shall be completed prior to final inspections. That the on-site landscaping within the street setback shall be refurbished in accordance with Zoning Code requirements. Final landscape and fencing plans for the subject property shall be submitted to the Rlanning Departmenffor review and approval: Said'plans shall show minimum 24-inch box size trees, -2- PC2006-69 • ~ shrubs, groundcover, and clinging vines to be planted in layers on all walls visible from the public right-of- way. The landscape material selected 'sFiall be appropriate to the width of the pianter area. Any decision made by the Planning Department regarding said plan maybe appealed to the Planning Commission as a Reports and Recammendations +tem: AI! trees shall be properly'and professionally maintained by the , property owner to ensure mature, healthy growth: Such information shall be specifically shown on the - plans submitted for building permits. ` - 14. 7hat a licensed architect shall prepare plans that satisfy the requirements of the Building Code #or the appropriate occupancy for the proposed pre-school. Said information shall be specifiically shown on the plans submitted for building permits. 15. That subject property shall be developed substantially in accordance with plans and specifications submitted to: the City of Anaheim by the applicant and which plans are on file with the Planning , Department marked Exhibit Nos. 1 through 4, and as conditioned herein. 16. 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. 3, 4, 6, 7; 9, 11, 12, 13 and 14, above-mentioned, shall be complied with. Extensions for further time #o complete said conditions may be granted in accordance - with Section 18.03.090 of the Anaheim Municipal. ` 17. 7hat prior to final building and zoning inspections, Condition Nos. 5, 8, 12 and 15, above-mentioned, shall be complied with. 18. 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. 19. That timing for compliance with conditions of approval may be amended by the Planning Oirector 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 FURTMER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resofution 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. 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 issuance ofi 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 #he approval of this application. ~ • THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of. August 7, 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 appeal procedures and may be replaced by a City Council Resolution in the event of an appeaL , CHAIRMAN, ANAHEI PLANNING COMMISSIO ATTEST: ~~~~ ~~~ ~~ ~- "SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) . COUNTY OF.ORANGE j ss. _ _ - CITY OF ANAHEIM ) _ I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission; do hereby certlfy that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on August 7, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERO, VELASQUEZ : NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: FLORES ~ IN WITNESS WHEREOF, I have hereunto set my hand this -~ 3 r day of ' V ~ , 2006. r SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4-