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Resolution-PC 2008-105RESOLUTION NO. PC2008-105 A RESOLUTION OF THE ANAHEIM PLANNIIVG COMMISSION DETERMINING THAT A PREVIOUSLY-APPROVED CEQA NEGATIVE DECLARAT30N IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMITNO. 2871 AND RESOLUTION NO. 87R-48, AS PREVIOUSLY AMENDED. (2323 WEST BROADWAY) WHEREAS, on Jamiary 5, 1987, the Maheim City Planning Commission, by its Resolution No. PC87-O5, did approve Conditional Use Pemut No. 2871 for an expansian to an existing private educational instituTion; and WHEREAS, on September 20, 2004, the Anaheim City Planning Commission, by its Resolution No. PC2004-106, did approve an amendment to Conditional Use Permit No. 2871 (Tracking No. CUP2004-04872) for Yhe construction of a gymnasium in coajunction ~vith the existing scbool; and WHEREAS, the project is developed with a priuaCe educational institution, and is located in the Transition (T) zone; that the Anaheim General Plan designates this property for School uses; and WHEREAS, the Anaheim Planning Commission did receive a verified Petition for certain real property in the City of Anaheim, County of Orange, State of Califomia, shown on Exhibit A, attached hereto and incorporated herein by this reference for an amendment to previously-approved Conditional Use Permit No. 2871 to modify the approved plans to add approximately 2,413 square feet of classroom area to the previously-approved gymnasium and art complex and to construct the building in two phases; and W~3EREAS, the Planning Coznmission did hold a public hearing at the Civic Center in the City of Anaheim on October 27, 2008, at 230 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 amendment to the conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and shidy 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 an amendment to the condiYional use permit to modi£y plans to inczease the gymnasium and art complex with an additional 2,413 square feet of classroom area and to construct the building in lwo phases is permitted imder authority of Code Secrion 18.60190; 2. That an amendment to the conditional use permit will not adversely~afFect the adjoining land uses or the growth and development of the area because the additional classrooms are consistent with the school use on the property; - 1 - PC2008-105 3. That the size and shape of rhe site for the school, as amended, is adequate to allow fiill development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfaze because the classroom addition would be at the rear of the building, not adjacent to the residential land uses and the school does not propose to incre~se enrollment or the faculty and therefore, would not create additional vehicular traffic and parking demand; 4. That gtanting of the amendment to the conditional use permit under the conditions imposed will not be defimental to the health and safety of the citizens of the City of Anaheim and will gXOVide a laud use that is compatible with the surrounding area beoause the requesTed modifications wouid allow activities that are consistent with the existing school use; 5. That the amendment wiil not cause fewer off-street parldng spaces to be provided for the school since student enrollment and faculty would not ba increased and therefore, parking demand would not change; and 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. NOW THEREFORE BE IT RESOLOVED that the Anaheim Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration previously-approved in connection with Conditional Use Permit No. 2871 is adequate to serve as the required environmenCal documentation in connection witki this request. NOW THEREFORE BE IT RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby approve the proposed amendment to Conditional Use Permit No. 2871 as requested by the applicant. BE IT FURTHER RESOLVED Yhat the Anaheim Planning Commission for the reasons hereinabove stated does hereby amend, in their entirety, the conditions of approval adopted in connection witb Planning Commission ResoluCion No. 87R-48, as previously amended, and as adopted in connacCion with Conditional Use PermiY No. 2871, as described in Exhibit "B" attached hereto and incorporated by this reference, which are hereby found to be a neeessary prerequisite to the proposed use of the subject property in prder to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or the duration of the use. Amendments, modifieations and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (Ciry-Initiated Revocatiap or Modification ofPermits) ofthe Anaheim Municipal Code. m BE IT F[JRTHER RESOLVED that the Anaheim Planning Commission does hereby 5nd 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, - 2 - PC2008-105 or any part thereof, be declared invalid or unenforceable by the final judgment of the court of competent junsdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the property owner/applicant is responsible for paying all chazges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice, prior to the issuance of building permits or commencement of activiTy for this project, whichever occurs first. Failure to pay all chazges shall result in delays in the issuance of required pernuts or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 27, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced, by a City Council Resolution iyY~he event of an appeal. / CHAIRMAN PRO- ANAHEIM PLANNING COMMISSION ATTEST: ~~'c%~l~r1.- i~~"U---~ SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY pF ANAHEIM ) I, Eleanor Monis, 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 October 27, 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: KARAKI IN WITNESS WHEREOF, I have hereunto set my hand this ~~~' day of November, 2008. ~~ / v~ SECRETARY, ANAHEIM PLANNING COMMISSION - 3 - PC2008-105 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 2871 BROADWAY ~ ~~ .~..~.e~..~..~.o~ . 1 Saurce; Rerardetl Tract Maps andlor City GIS. Please nole the accuraty is .i- Nio lo fve feel - 4 - PC2008-105 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2871 Responsible for No. Conditions of Approval Monitoring PRIOR TOtSSUANCE OF.9 GRADINGPERMIT 1 Tbat prior to tUe issuance of grading pemtit, tUe applicant shall subznit Yo tl~e Public Public Works Works Deparhnent Development Services Division for review and approval a Water Quality Management Plan fitiat: o Addresses Site Dasign Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimiziog direcdy connected impervious areas, creating reduced or "zero dischazge" areas, and conserving nahual azeas. • Incorporates the applicable Routine Sotu'ce Control BMPs as defined in the Drainage Area Management Plan. • Incorporates Treatment Cantrol BMPs as defined in the DAMP. o Describes the long-term operation and maintenance requirements for the Treahnent Co~trol BMPs. • Ideotifies the eniity that will be responsSble for long-term operation and maintenance of the Treahnent Control BMPs, and describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. PffiDR TO ISSUANCE OF BUILDING PERMIT 3 That the gymnasium and art complex may be constructed in two phases and Planning separate building permits must be issued for each phase. The building permits for the second phase shall be issued within two {2) years from the date of approval. 3 That 24-inch box sized broad-headed evergreen trees spaced 20 feet on center Planning shall be planted within the side and rear setback areas adjacent ko the proposed gymnasium to include 10 trees along the north property line and 11 trees along the east property line. Said anformation shall be specificaliy shown on plans submitted for building permits. 1 4 That the existing block wall along the east properry line be inereased to a height , Planning . of six (6) feet as required by code. Said informarion shall be specifically shown on plans submitted for building permiYS. - 5 - PC2008-105 Responsible for No. Conditions of Approval Monitoring 5 That the property owner shall install and maintain decorarive wrought iron gates Planning between the proposed g}mnasium 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. 6 That the setback areas along the north and east property lines shall be equipped Police with lighting ko the satisfaction of the Police Department. Said lighting shall be directed, posirioned and shielded in such a manner so as noi to unreasonably illuminate the windows of nearby residences. Said information shall be specifically shown on plans submitted for building permits. 7 That all plumbing downspouts, ladders and/or other similar pipes and fixtures Planning located on the exterior of the btiilding shall be integrated into the architecture of the building. Said infarmation shall be specifically shown on the plans submitted far building permits. 8 That if required to serve the building, the legal owoer of subject properry shall i Fublic Utilities provide the City of Anaheim with a public utilities easement across the property to be determined as electrical design is completed. 9 ThaC any required relocation of City electrical facilities shall be at the developer's Public Utilities ~ expense. Landscape and/or hardscapa screeuing of all pad-mounted equipment shall be required and shall be shown on plans submitted for building permits. Planning 10 That the legal property owner shall submit an application for a Subdivision Map Public Works Act Certi6cate 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. I 1 That four (4) foot high street address numbers shall be displayed on the roof of Planning the building in a color that contrasts with the roof material. The numbers shall not be visible to the adjacent streets or properties. Said information shall be Police specifically shown on the plans submitted for building permits. 12 That all backflow equipment shall be located above ground and ou4side the street Public Utilities setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be broiight up to cunent sCandards. Any other large water system equipmenC shall be installed to the satisfaction of tl~e WaYer 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 s ecificall shpwn on lans submitted to the Water En ineerin and - 6 - PC200&-105 Responsible for No. Conditio~s of Approval Monitoring Cross Connection Control Inspector for review and approval. 13 That ail requests for new waYer services or fire lines, as well as any modifications, Public Utilities relocations, or abandonment of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Deparhnent. ~ 14 That because this projeet has a landscaping area exceeding 2,500 square feet, a Public Utilities 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 an tha plans submitted for buildiag pemuCS. 15 That all existing waYer services and fire lines shall conform to current Water Public Utilities 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. PRIOR TO ISSUANCE OF CERTIFICATE Oh' OCCUYANCY ~~~ 16 That prior to issuance of a certificate of occupancy, the applicant shall: Public Works • Demonstrate that all shuctural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specificarions. o Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. • Submit for revie~v and approval by the City an Operation and Maintenance Plan for all shuctural BMPs. GENERAL 17 That the hours of operatian of tbe facility shall be limited from 7 am to I 1 pm. Code N Enforcement 1$ That the enrollment of the school shall be a maximum of 320 students and staff Code shall consist of a maximum of 40 teachers and administrators. Enforcement - 7 - PC2008-105 Responsible for No. Conditions of Approval Monitoring 19 That the gymnasium shall not be used concurrently with the existing auditorium Code for special events or assembly uses (with the exception of the art room for regular ' Enforcement class schedules). 20 That the property shall be permanently maintained in an orderly fashion by Code providing regular landscape maintenance, removal of trash or debris, and removal Enforcement of gra~ti within twenty-four (24) hours from rime of occurrence. 21 ThaY any tree planted on-site shafl be replaced in a timely manner in The event that Code it is removed, damaged, diseased and/or dead. Enforcement 22 That doors facing the residential azea to the north and east shall remain closed at Code all times but unlocked for emergency access. Enforcement 23 The only church activities that shall occur on the property are Yhose that are Code accessory to the private high school. Enforeement 24 That approval of this application constitutes approval of the proposed request Planning 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 oYher applicable ordinance, regulaCion or requirement. - 8 - PC3008-105