Resolution-PC 97-41. ~
~-
RESOLUTION N0. PC57-s'-'
A RESOLUTION OF THE ANAHEIM i:R'~' PLANNING COMMISSION
THAT PEt1TI0N FOR CONDI"ilONAL IJ ~~ r'ERMIT N0. 3924 BE GRAhiTED
WHEREAS, the Anaheim City Plannfng ~a~mmisston dkf receNe a verifleci Petition for
Condftional Use Permft for c2rtain rea! properry srt;~a~ed in tt.~ City of Anaheim, Counry o# Orange, State of
Calffomia, descrlbed as:
PARCEI.S 1, 2, 5 IN 7HE CITY G'F ;ANAHEIM, AS PER MAP FILED IN BOOK 93,
PAGES 3 AND 4 OF PA~~EL MAPS,iN THE OFFICE OF THE COUNTY
RErARDER OF SAIp COU~lTY.
MMEREAS, the Cfry F>a~nln~{ Commission did hold a pubflc hearing at the Civic Cemer (n
the City of Anaheim on April 14,199~ at t:3Q p.m., notice of said publfc hearing having been duly given as
required by law and Sn accordanca with the provisior~s of the Anaheim Municipal Cale, Chapter 18.03, to
hear and consider evktence fo7 arid ayainst said proposed conditional use permft and ~o investigate and
mako findings and recommendatlons in connectfon therewfth; and
WHEREAS, sai~ Commission, after due inspection, investigation and study made by itself
and in its behaif, and afte~~ due ccnslderation of all evidence and reports otfered at safd hearing, dces flnd
and determine the fdlowing facts:
1. That the pro(wsed use is properfy one for which a condftfonal usa permft is authorized by
Anaheim Mu.:icfpa! Caie Section 18.44.050.270 to permit a pnvate eciucatlonal facil~ty
(~ymru~sium/auditorium and ctassroom) with waivers of the foflowing:
(a) SeMions 18 04.06Q05_0 - Minim m oarkina lot landscanina.
a~ ~~q,q,p~,050 2 tr and,1 lan~isc? olanter required in the parking area;
n~ne proposed)
(b) ,~.~'tions 18.Oti.050.0262 - Minim m number of oarkina s~aces.
1$.06.050.0268 ($$~ spaces required for audito~ium and classroom floor area;
18.06.0 12 new spaces praposed and approved by the Ctty Traffic and
18.44.066.050 Transportat(on Manager, provided the audftorium is used
exclusively by Fairmont School wkh 80 adiacent s~cesl
~~~ ~acrtr~n 18.44.062•011 - Maximum structural h~iaht.
(14 to 22.5 feet permhted wtthin 20 to 45 feet of single-family
residential zoning; ~8 feet proposed from RS-7200 zone to the
west and RS-A-43,000 zoning to the souch)
(d) ,Sections 18.04.042.020 - Minimum landscaoina adj~~ent to residentlal zones.
~ 1,q,q, , q~ (Required: minimum ~ 5-foot setback containing t9 rees pianted on
maximum 20-foot centers €dJacent to RS-A~t3,000 zoning;
Pro~^.aed: setback conta(ning 7 trees adjacent to tt~e south
property Iine (Brookhurst Junior High SchoolJ)
2. That wafver (a), minimum parking lot landscaping, is nereby t~ppro~ed on the basis that
there are special circumstances applicable to the properry consisting of fts irregular shape, that the parking
area wiil be utilized for staff parking only, and that it will not be visible to adjacent streets and there wfll be
per(meter landscape screening;
CR2874DM.WP '1' ~~~~~
~.
~ ~
~
3, 'fhat strict appiicat(on of the Zoning Code would dep.i~e the p~ ope-~ty of pfivi~e9es enjoyed
ny other properties wh(ch do not have landscaping in parking areas which 3~e ~ot withire the public's view.
q, That the parking wafver (b), under the condftions fmpos°~, w1~~ not C:GSe~ fcrrver ~ff-s*.~eOY
parking spsces ta be prrn+idecl for the conditional use than the number af such spaces necassary to
accommodate all vehicles a!tributable to such use under the norrnal ~nd reasonably forgseeable corx~itia:~s
o`. operztlon of such use because the proposed new building will be used only for Faircnont uchool studonts
during normal school hours and, therefore, off-street parking wiil no: increase;
5. That ihe parking wafver, under the condftions im~posed, will not increase the demand and
competftion for parking spaces upon the public streets in the Immediate vicinfty of the proposad usc~
because additional off-street parking will be Frovided with the new building;
6. That the par~cing waiver, under the conditions imposed, will not increase the demand and
competftion for parking spaces upon adjacent private prooerty In the immediate vicinfry of the proposed use
(which property is not expressly provided as parking for such use under an agreemeM in compliancs with
Section 18A6.010.020 of this Code) because the new building will be used as a gymnasium,auditorium for
the school during normal school hours and dur(ng Gther eveningkand a~~ du~i grcany of~the eteverrts
existing spaces and 12 proposed spaces exceed the expected par 9
7. That the parking waiver, under the cs~ndftions imFwsed, will not increase traffic congestion
wfthin the off-street parking areas nr lots provided for such use because the proposed building wili be used
during school hours and evenings or weekends when the school is nut of session, and that this building will
decregse travel from the school and back for practice and sporting events;
8. That the parlcing wahre~, under the condftions Imposed, will not Impede vehlcular Ingress
to, or egress from, adjacent properties upan the public streets in the immediate v(cinity of the proposed use
because daytime use will be exclur~ive9y for students and o~ily one actNtry at a time will be permftted~ and
that weekends and evening actNfties ere very Iightly attended with no adverse impact upon adJacent
properties ~eing anticipated;
g. 'That waNer (c), max~mum structurai heiflht, is hereby approved on the basis that the Iine-of-
sight drawing indicates that landscaping will screen th3 view of the proposed building from the residences
to the west and that eleva4ion plans show only one 24 foot x 10 ~oot roll-up door in the wost wall chereby
reducing or elfminating any pot~ntial visual intn~sion Ir.to adjacent res~dentlal ~roperties;
10. That there are speciai circumstances applicable to the property consisting of Rs unusuaf
shape (fla~g-s ~~Ie~ges en oyedtt by o~t eUcom,merciai ~ oned p onpenies in the vicl~nity; s~ Which deprive the
property P 1
11. That strict application of the Zoning Code deprNes thn prop~rry of prhrileges enjoyed by
seteback 45 f~eet ftom t eewest p onperry ~ ne whilte~a nearbyVexist~g~ mercialPbu d ng f,bset~backi~onl~y
5 feet from said property Ifne;
12, That waNer (d), minimum landscaping adJacent to residenilst zones, Is hereby approvesi on
the basis that there are spocia~ circun~stances applicahle to the properry conslsGng of fts locatic?n arxi
surroundings, which do not appty to other ident(cally za~ed p~operties in the vic.niry;
13. That the proposed use is properly une for which a coixiftional use permft is sutharlasd by
the Zoning Code and that said use will be accessory co, and used onty by, the adJacent prNate ec:~acat~onal
facility (FaiRnoM Schooi);
14. That the proposed ~tse wil! not adverse~y affect the ~dJoining land u~..°s and the gra~vth and
.2. PC97-A1
.b~
~
ondR oned so as to be compat~b~e wtth the co~mmercfal I residenti~aiarx! public schouluses which sumwnd
15. That the sfze and shape of the sfte for tho proposed use is adequate to allow the fuA
saf ry and ge etral pbeca~se the niew bu~ilding wili be accRSSOry toeihe aidJac nt prEvate~educa~tional facili.Y
to the east,
16. 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 are~a
17. That the granting of the ~~onditional use permit~ under thc~ conditions imposed, wiil not be
detrimental to the peace, health, satery and general welfare of the citizens of the Giry of Anahelm; and
ig, That no one indicated their presence at said public tna~r(ng in upposftlon; and that no
corcespondence was recetved in opposftion to the subject petition.
c'ALIFORNIA ENVIRONMENTAL ~UAUTY ACT FINDI'NG: Th~t the Anaheim Cicy Planning
Commission has revle~~ved the proposa~ to construcc a gymnasium/auddorfum and classroom for a private
educational faciltry wfth ~nraNers of minimum parking lot landscaping, minh~num ciumber of parking spaces,
maximum fc~ ~~ ha~9 otnta e ofn40 (eetlon~~the south side of Sequoia Aven'ue, anmaximum depth offl688
shaped pa 9 9
feet, and being located approximately 165 feet east af the cerrterllne of Siesta Street (2212 West Sequola
Avenue); and does hereby approve the Mftigated NegatNe Declaration upon flnding that the dedaration
reflects the independAnt judgement of the tead agency and that ft has considered the Mftigated Negative
Declaratlon together wfth any comments receNed du~ing the public review proces.~ and further iinding on
the basis of the inkial study and any commants received that 4here is no substantial evidencd that th~ project
will have a signiFlcant effect on the ernirunmenL
NOW, THEREFQRE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby grant sutject PetRlon for Condftbnal Use Permk, upon the fdiowing condk~ioorder toh e erveethe
found to be a necessary prerequisite to the proposed use d the subJect property P
safery and general welfare of the Citizens of tha City of Anaheim:
1. The developer shall submit a Water Duatiry Managemerrt Plan (WQMP) specffica~ly identifying the best
managemant practices ihat will be used on sfte to contrd predictable pollutants from the stomn~water
runoff. The WQMP shall be submitted to the Publ(c Works Ciepartment, Devalopmant Serv~es Division
(or revisw and approval.
2. That no park!ng shall be permftted ~n the drNeway or in any other area of subJect properry ~xcept in
the twelve (12) approved spaces immediately adjacent to the west ~t!Uding elevation. These p~rking
spac~s shall be designated fbr'staff parking oniy between the hours ~f 7 a.m. and 10 p.m." ov;th no
bus access or parking being permitted• ~~recUonal s~9~9e $~~ ~ p'~~~ et the drfveway er:trance
from Seqtfola Avdnue to direct all other vehides to the parking lot of th~+ maln school building a[ 220Q
W~st Sequoia Avenue.
3. ~ opeRy at 2200 West Seqkuota Avenue wit hoccasional, schoolrysanctlaned~ not tor~profit useatper~mitted.
4. That a gate shgl~ be constructed at the drNewaY entrance from Sequola Avenue, subJect to review and
approval by the Cltv Traffic and Transportati~n Manager. Said gate shall be dosed betwean 10 p.m.
and 7 am. and c'i,~tinp all non-~xhao! hou~s, Indu~lin9 weekerxla and hdidays, to prevent accesa to
the properry.
~- PC97~1
.,~ ~~
5. That detailed plans of the bullding elevations, landscaping and any proposed signs shali ba submltted
to the Planning Department for the review arx! approval by the Planning Commisslo~ as a'Reports and
Recommendr~tions•° ftem.
6. That the hours of operation :or the gymnasium/auditorium faciliry shall be restricted to 7
a.m. to 10 p.m.
7. That the building st~l comply with all requirements of Council Pdicy No. 526 pertaining to metai
buildings in commercial zones. Compliance with these requiremants shall be speciflcally shown on
plans submrited for building permRs.
8. That no roof-mounted a(r conditioning units or other mechanlcal equipment shall be ~ermittad. QnY
ground-mounted air condftloning unfts or mechanfcal equipment shall be located on the easE ~!de of
the building (away ftom nearby residences and residential zoning). -
9. That the petftioner shall b~ responsible for compliance wfth all mftigatlon measures wfthin the assigned
time frames and any direct costs associated with tha aitached Mitigation Monito~ing Program No. 97,
as established by the Ciry of Anaheim and as required by Section 2i081.6 of the Fu~lic Resources
Cude, to ensure implemeMation of those IdeMifled mitigation measures.
10. That in order to discourage the use of the parking spaces on the adjacent commercial property to the
northeast, the petftioner shall install a locked gate at the northeast errtry to this pro~erry, which gate
shalt be subject to thc~ review and approval of the Fire Department.
11. That the petftioner shall apply for an AdministratNe Adjustment permitting construction of an eight (8)
foot high block wall adjacent to the west property Iine, extending one hundred ihirty flve (135) feet ftom
the south property Iine, to provide addftional privacy for the sfngle family resi~ences to the west. If the
Admin(straiNe AdJustment is approved, the petitioner shall construct the eight (8) foot high block wall
in this area prior to the construction of the proposed gymnasium.
12. That the rdl-up doors on the west eievation shall be kept closed at all times, except durfng times of
deliveries.
13. That an unsubordinated reciprocal parking agreeme~t, between the subject property and the private
school (2200 West Sequota Avenue) and in a form satisfactory to the City Attomey, shall be recordod
with the Office of the Orange Cou~ry Recorder. A copy of the recorded agreement shall be submitted
to the Zoning Db!ision.
14. That the subject parcel and the easterly parcel (Fairmont School) shall be developed and maintained
in an architecturally and aesthetlcally compati~le manner, and shall ba maintained litter and graffiti-free
at all times.
15. That there shall be no rsstrooms or showers permitted within the audftorium/gymnasium building.
16. That a minimum of nino (9), minimum frfteen (15) gallon sized, trees shall be planted adjacent to the
south property line and a m(nimum of seven (7), min(mum twenty four (24) inch box, broad headed
(with dense foliage) trees shall be planted adJacent to the wesi property line. Said trees shall be
properly maintained, professionally pruned, and replanted as necessary (n the event the trees are
damaged, diseased or dead.
17. That the twelve (12) proposed parkfng spaces west of the proposed building, shall be located
immediately adjacent to the west building elevat(on and shall bo spec~ically shown on plans submitted
for building permits.
.q_ PC97-41
~
...
18. That plans shall be submitted to the Ciry Traffic and Transportation AAanager for review and approval
showing ca~formance with the latest revis€ons of Engineering S~;idard Plan Nos. 436 arx! 6U2
pertalning to parkfng ~u:~ ~urc1s and drfvewsy locations. Subject properh/ shall thereupon be developed
anci maintained i~ conformance with sa~J plans.
19. That the driveway on Sequo'.a Avenue shall be recanstructed to acaomcnodate a ten (10) foot radtus
curb retum in conformance with Engineering De~,artment Standard No. 137,
20. 7hat subject property shall be developed substantially in accordance with plans and spectHcations
submitted to the City of Anaheim by the petitioner and which plans are on flle wfth the Planning
Department mariced Exh(bit Nos. 1 throuc~h 3.
ear from the date of this
21. That prior to issuance of a building permit or within a periad of one (1) y
resolution, whichever occurs ftrst, Condition Nos.1, 5, 7,11, 13, 17,1 S and 26, above-mentioned, shall
be complied wfth. Extensions for ft:Kher time to complete said conditions may be granted in
accordance wfth Section 18.03.090 of the Anaheim Municipal Code.
22. That prior to flnal building and zoning inspections, Condftion Nos. 2, 4, 8, 1C, 16, 19 and 20,
above-mentioned, shall be complied with.
23. That approval of this application constitutes approval of the proposed request only to the extent that
it compiles with the Anaheim Municipal Zoning Code and any other applicable Ciry, State and Federal
regulations. Approval does not include any action or flndings as to compli~nce or approval of the
requost regarding any other applicable ordinance, regulation or requirement.
24. That the maximum seating capactry in the audftorium/gymnasium shall be two hundred forty (240)
people.
25. That dual scheduling of the school use and events in the gymnasium/auditorium shall n~t be permitted•
26. That any roof or ground-mouMed intake and exhaust systems for any forced air ventiiation shall be
designbd so as ~ to impact the adjacent residents.
27. That tho granting of the parking waNer 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 safd waiver. Exceeding, violating, intensHying or otherwise
deviating from any of said assumptions, as contained in the parking demand studY~ sha~l be deemed
a vidation of the expressed conditions imposed upon said waNer'~vhich shall subject this waNer to
tenninatian or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the
Anaheim Municipal Code.
BE IT FURTHER RESOWED that the Anaheim Ciry Planning Commission does hereby find
an~ determine that adoption of this Resolutlon is ex~xessly predicated upon app~icanYs compliance with
each and all of the conditions hereinabove set forth. Should any such condftion, or any part thereof, be
declarsd inval(d or uneMorceaWe by the flnal judgment of ~ny court of competent ju~isdiction, then this
Resolution, and any approvals herein containod, shall be deemed null and void.
-5- PC97-41
.+~
~
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
Aprfl 14, 1997. /~~ „ _ ~~~ `~
' /J_ /J
~~~c.vr
CHAIRPERSON ANAHEIM C11fY PLANNING COMMISSION
ATTES~~ ~.)4~IU.0
SECRETARY, AHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF OFtANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Sdorio, Secretary of the Anaheim Ciry Planning Commissfon, do hereby cectify
that the foregoing .~QSClution was passed and adopted at a meeting of the Anaheim City Pla~ning
Commissfon held on April 14, 1997, by the fdlowing vote of the members thoreot:
AYES: COPAMISSIONERS: BOSTWICK, BOYDSTUN, Bf~ISTOL, HENNINGER, MAYER, MESSE, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: CORAPVIISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~~^ day of _1~.
1997.
lA.l ~-71~J
SECR ARY', NAFlEIM CITY PLANNING COMMISSION
~- PC97-41