Resolution-PC 2007-144~~ •
RESOLUTION NO. PC2007-144
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION REINSTATING
AND APPROVING CONDITIONAL USE PERMIT NO. 3598 (TRACKING NO. CUP2007-05262),
AND AMENDING CONDITIONS OF APPROVAL OF RESOLiJTION NO. PC2000-87,
ADOPTED THEREWITH
(270 EAST PALAIS ROAD - CALVARY CHAPEL ANAHEIM)
WHEREAS, on May 6, 1991, the Anaheim Planning Commission adopted Resolution
No. PC91-61 in connection with Conditional Use Perrnit No. 3407 to permit a 20,000 square foot
church facility in an existing industrial building with waiver of minimum number of parking spaces
located at 270 East Palais Road; and
WHEREAS, on Apri129, 1993, the Zoning Administrator adopted Decision No. ZA93-
30 in connection with Conditional Use Permit No. 3598 to permit a preschool and elementary school in
conjunction with an existing church facility with waiver of minimum parking spaces and permitted
outdoor uses; and
WHEREAS on July 21, 1997, the Anaheim Planning Commission adopted Resolution
No. PC97-93 in connection with Conditional Use Permit No. 3598 to amend/delete a condition of
approval to increase the maximum enrollment from 123 to 220 students and to permit the 10,000
square foot expansion of an existing preschool and elementary school within an existing industrial
building in conjunction with an existing church; and
WHEREAS, on July 3, 2000, the Anaheim Planning Commission, by Resolution No.
PC2000-87, amended Conditional Use Permit No. 3598 to expand an existing private school including
the addition of modular classroom buildings in conjunction with an existing church at 270 East Palais
Road; and
WHEREAS, said Resolution No. PC2000-87 includes the following conditions of
approval:
"3. That approval for the five (5) modular classroom buildings shall expire seven (7)
years from the date of this resolution, on July 3, 2007.
20. That the use granted under Conditional Use Permit No. 3598, including this
expansion in enrollment, is hereby granted for a period of seven (7) years, to expire on
July 3, 2007."
WHEREAS, this property is currently developed with a church and accessory preschool
and elementary school, the underlying zoning is I(SABC) (Industrial, South Anaheim Boulevard
Corridor Overlay) and the Anaheim General Plan designates this property for General Commercial
land uses; and
WHEREAS, the applicant has requested reinstatement of this conditional use permit to
retain a previously-approved private school in conjunction with an existing church and to remove the
time limitation pursuant to Code Section 18.60 of the Anaheim Municipal Code; and
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WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on November 26, 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 "Procedures", to hear and consider evidence for and against said proposed amendment
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 reinstatement of this permit and the deletion of conditions of
approval pertaining to a time limitation to retain a previously-approved private school in conjunction
with an existing church is properly one for which a conditional use permit is authorized under Code
Section 18.08.030.040.0402 (Community and Religious Assembly) and Section 18.60.180
(Reinstatement of a time-limited permit) of the Anaheim Municipal Code.
2. That the proposal, as conditioned, will not adversely affect the adjoining land uses and
the growth and development of the area in which it is located because the use permit has been operated
in substantially the same manner as originally approved by the Planning Commission.
3. That the Code Enforcement Division indicates that no complaints have been received
regarding the operation of this business, the conditions of approval have been complied with and the
property is being properly maintained.
4. That the facts necessary to support each and every required showing for the original
approval of the entitlement exist.
5. That the traffic generated by the use will not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area.
6. That granting this reinstatement, under the conditions imposed, will not be detrimental
to the peace, health and safety of the citizens of the City of Anaheim.
7. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to the subject request.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim
Flanning Commission has reviewed the proposal and does hereby find that the Negative Declaration
previously approved in connection with Conditional Use Permit No. 3598 is adequate to serve as the
required environmental documentation in connection with this request.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission for
the reasons hereinabove stated does hereby reinstate and approve Conditional Use Permit No. 3598 to
permit a private school in conjunction with an existing church 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 City of Anaheim:
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Responsible for
COA Conditions of Approval Monitoring
This private school operation is limited to a maximum of 340
COA 1 (40 preschool, 200 elementary school and 100 high school) Planning
students on-site and any time.
As stipulated by the applicant, the hours of operation for the
school and extended day care (for in-site) students shall be
COA 2 limited to 7:00 a.m. to 6:00 p.m. Monday through Friday. Planning
Changes to these hours shall be reviewed by the Planning
Commission as a Reports and Recommendations item.
As stipulated by the applicant, the hours of operation for the
church facility shall be limited to 8:30 a.m. to 9:30 p.m. seven
COA 3 days a week. Changes to these hours shall be reviewed by the Planning
Planning Commission as a Reports and Recommendations
item.
COA 4
COA 5
COA 6
The landscape planters shall be permanently maintained with
live and healthy plant materials.
Based on the church and or school activities actually
underway at any given time, the minimum required number
of parking spaces for such uses shall be fully accessible and
usable. For example, the rolling gate to the enclosed
playground shall be open allowing use of the parking spaces
therein when the cumulative parking demand for the various
activities underway exceeds the number of parking spaces
outside the enclosed playground. There shall be no children
playing in the playground when the playground is being used
for parking.
The 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 Revision 3 of Exhibit
No. 1(CUP Tracking No. 2000-04228), Revision 1 of
Exhibit No. 2(CUP No. 3598), Exhibit No. 3(CUP No.
3598), Exhibit No. 4(CUP Tracking No. 2000-04228) and
Exhibit No. 5(CUP Tracking No. 2000-04228) and as
conditioned herein.
Planning
Planning
Planning
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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
COA 7 City, State and Federal regulations. Approval does not Planning
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 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, 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. Failure to pay all charges shall result in the revocation of the approval of this
application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of November 26, 2007. 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.
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CHA AN~'ANAHEIM PL N~d1NG COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, 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 November 26, 2007, by the following vote of the members thereof:
AYES: COMMISSION: AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAKI,
ROMERO, VELASQUEZ
NOES: COMMISSION: NONE
ABSENT: COMMISSION: NONE
I IN WITNESS WHEREOF, I have hereunto set my hand this ~~~~'`- day of
l~(~~~i'yL~~" , 2007. ~--~ _
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SECRETARY, ANAHEIM PLANNING COMMISSION
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