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Resolution-PC 2007-105~ ~ RESOLUTION NO. PC2007-105 A RESOLUTION OF THE ANAHEIM PLANNING CQMMISSION _ APPROVIlVG AN AMENDMENT TO CONDITIONAL USE PER~YIIT NO. 3947 AN~ AMENDING CERTAIN CONDITIONS OF.APPROVAL OF RESQLjJTION NO. PC97-94 (TRACKINGNQ. CUP2007-05240) (622 NORTH GILBERT STREET) WHEREAS, the Anaheim Planning Commission did receive a verified Petition' for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Qrange, State of California, described as: THE LAND REFERRED Tp IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA,;COUNTY OF ORANGE, AND IS DESCRIBED AS FQI;LOWS: ALL THAT CERTAIN REAL PROPERTY SITiJATED IN THE R.ANCHO LOS COYOTES, AS SHOWN ON'A MAP THEREOF RECORDED IN BOOK 51 PAGE IO, luIISCE~.LANEOUS MAPS, RECORDS OF SAID ORANGE ' COUNTY, DESCRIBED AS FOLLOWS: THE NORTH 2 ACRES OF THE SOUTH 7 ACRES OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST. . WHEREAS, on July 21, 1997, the Anaheim Planning Commission, by its Resolution No. PC97-94 approved Conditional Use Permit No. 3947 to permit a private school (grades 6 through 8 with up to 200 students) within an existing church with waiver of minimum number of parking spaces; and WHEREAS, the property is currently developed with a church and grade school; that the facility is zoned Transition (T); and the Anaheim General Plan designated this property for Medium Density Residential land uses; and WHEREAS, the applicant has requested amendment of this conditional use permit to expand an existing private school in an existing church pursuant to Code Section 18.14.030.040.0402 (Educational Institutions - General) of the Anaheim Municipal Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 5, 2007, 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 CriPC2007-105 -1- PC2007-105 : i ~ WI~3EREAS, 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 saic~ hearing,' does find and determine the following facts: 1: That the proposal to amend a previously-approved conditional use permit to expand an existing private school in an existing chzzrch is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.14.030.040.0402 (Educational Institutions- General). 2. That the proposed expansion of the existing school would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the site was previously approved with a similar land use with no adverse affects to adjoining land uses. 3.' That the size and shape of the site for the school is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to health and . safety. 4: That 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 land use that is compatible with the surrounding area. 5. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORrTIA ENVIRONMENTAL OUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to amend a previously-approved conditional use permit to expand an existing private school in an existing church and does hereby find that the Negative Declaration previously approved in connection with the existing school is adequate to serve as the required environmental documentation in connection with this request. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated does hereby grant the amendment to Conditional Use Permit No. 3947 to expand an existing private school in an existing church. BE IT FURTHER RESOLV~D that Ana.heim Ciry Planning Commission does hereby amend the conditions of approval of Resolution No. PC.97-94 pertaining to Conditional iJse Permit No. 3947, in their entirety, as follows: Prior to final buiiding and zoning inspections the followinQ conditions shall be comnlied with: 1. 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 No. 1 Rev. No. 1, Exhibit No. 2 Rev. No. 1; Exhibit No. 4 Rev. No. 1, Exhibit No. 5 Rev. No. 1, Exlubit No. 6 Rev. No. 1, Exhibit No. 7 Rev No. 1, and Exhibit Na 10, and as conditioned herein. -2- PC2007-1U5 i ~ General Conditions: 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 remova~ of graffiti within twenty-four (24) hours from the time of discovery. - ' 3. That there' shall be a maximum of 9 classrooms, 10 teachers and the maximum number of high school students shall not exceed 48 students. 4. That any additional or modified signage for this facility (church arid school) shall be subject to the prior review and approval by the Planning Commission as a"Reports and Recommendations" item. 5. That the onsite landscaping and irrigation system shall be maintained in compliance with City standards. : 6. (a) That a minirnum of one hundred twelve (112) striped parking spaces shall be maintained at all times; and (b) That the school may utilize a maximum of fifty three (53) parking spaces in the rear ,' portion of the property behind Building Na 4 for outdoor recreational purposes during the hours of 6:30 a.m. to 5 p.m., Monday through Friday only. 7. That the parking waiver is contingent upon operation of the use in conformance with the assumptions 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 as contained in the parking demand study, shall be deemed a violation of the expressed conditions imposed upon said waiver which shall subject this church and school to termination or modification. 8. That the school and extended day care hours (for on-site school students only) shall be limited to 6:30 a.m. to 5 p.m., Monday through Friday. 9. 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. 10. That extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal. 11. 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. -3- PC2007-105 • ~ BE IT FURTHER RESOLV~D that the Anaheim 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, shallbe 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 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 this application. : THE FOREGOING RESOLUTION was adopted at thePlanning Commission meeting of September 5, 200T. 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: CHA~N, ANAHEI~$,~'/ LANNING C4IVIMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSIqN STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, 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 September 5, 2007 by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, EAST'MAN, FAESSEL, KARAKI, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this /g T~ day of t , 2007. ~,~~~a,,,.~ ~~Ze'v~-~ SE1vIOR SECRETARY, ANAHEIM PLANNING CpMMISSION : -4- PC2007-105 ,