Resolution-PC 98-93RESO~UTION NO. PC98-93
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR C~NDITIONAL US~ PERMIT NO. 4014 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verifier tion for
Conditional Use Permit for certain real property situated in the Ciry of Anaheim, County of Or..~~ge, State
of California, described as:
THAT PORTION OF THE EASTERLY HALF OF THE NORTiiERLY HAi F
OF LOT 8 OF ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A M~AP
OF SURVEY MADE BY WILLIAiV1 HAtv1EL AND FILED IN THE OFFICE iJF
THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA: A
COPY OF WHICH IS SHOWN IN BOOK 3, PAGE 163 E7 SEQ., ENTITLED
"LOS ANGELES COUNTY MAPS" IN THE OFFICE OF THE COUNTY
RECORDER OF SAID ORANGE COUNTY, DESCRIf3ED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID EASTERLI'
HALF Or THE NQRTHERLY HALF OF SAID LOT 8; THENCE NORTHERLY
ALONG THE FASTERLY LINE OF SAID LOT 8 TO THE SOUTHEASTERLY
CORNER OF THE EASTERLY 87.50 FEET OF THE NORTHERLY 277.00
FEET OF SAID LOT u, SAID NORTHERLY 277.00 FEET 13EING
MEASURED FROM THE CENTER LINE OF CENTER STREET ADJOINING
SAID LOT 8 ON THE NORTH, AS SHOWN ON SAID MAP; TI-IENCE
WESTERLY ALONG THE SOUTH~RLY LINE OF SAID EASTERLY 87.50
GcCT OF THE NORTHERLY 277.00 FEET OF SAID LOT 8, TO THE
SOUTHWESTERLY CORNER THEREOF; THENCE NORTHERLY 17.00
FEET ALONG THE WESTERLY LINE OF SAID EASTERLY 87.50 FEET;
THENCE WESTERLY 122.50 FEET PARALLEL WITH SAID CENTER LlNE
OF CENTER STREET TO THE EASTERLY LINE ~F THE WESTERLY 6
ACRES OF SAID EASTERLY HALF OF THE NORTHERLY HALF OF SAID
LOT 8; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID
WESTERLY 6 ACRES TO THE SOUTHERLY LINE OF SAID EASTERLY
HALF OF THE NORTHERLY HALF OF SAID LOT 8; THENCE EASTERLY
210.00 FEET TO THE POINT BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 8, 1998 at 1:30 p.m., notice af said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, 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
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideratian 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 Sections 1826.050.020, 1826.050.040, 18.32.050.020 and
18.32.050.040 to permit a private elementary school (kindergarten through 2nd grade) with a maximum oF
fifty (50) students, and day care in an existing church facility.
CR3323PL.DOC -1- PC98-93
2. That private educational facilities and day care facilities are conditionally permitteo
uses in the RS-7200 and RM-1200 zones, which are the underlying zoning for this property.
3. That the proposed use will not adversely affect adjoining land uses and the growth
and development of the area in which it is proposed to be located because the peak hours of operatio~ for
the preposed school are opposite to the church's and, therefore, will not interfere ~vith church operatis~ns,
including parking.
4. That the size and shape of the site for the proposed use is adequate to aliow thA fuil
development of the proposed use in a manner not detrimental to the particular area nor to the peace,
health, safety and general welFare because the size and shape of the property is adequate to allow the full
development of the private school in conjunction with the existing church; and that the school and church
will operate from the same buildings (existing on -site) with no tenant improvements beyond resurfacing
and restriping the parking lot.
5. That the traffic generated by the prcp~;~d use will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area because of the
opposite pe~k hours of operation far the two uses (church and school) and due to the relatively small size
of the proposed operation.
6. That granting of this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general weifare of the citizens of the City of Anaheim.
7. That no onc~ indicated their presence at said public hearing in opposition; and that
no correspondence was received in oppositiun to this petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposai to permit a private elementary school (kindergarten
through 2nd grade) with a maximum of fifty (50) stu~+ents and day care in an existing chi!rch facility on a
2.45-acre parcel ~ocated at the norttieast corner of Broadway and Fahrion Place, having frontag:;s of 182
feet on the north side of Broadway and 510 feet on the east ~ide of Fahrion Place, and fu~ther described
as 1275 East Broadway (St. Verena Coptic Church/ Southern Baptist Church); and do~s hereby approve
the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead
agency and that it has considered the Negative Declaration together with any comments received during
the pubiic review process and further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESJLVED ihat the Anaheim City 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 City of Anaheim:
1. That trash storage area(s) shall be provided and maintained in location(s) 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 adjacen4 streets and arterial highways. The the storage area enclosure
walls shall be protected from gra~ti opportunities by ;he use of plant materials such as clinging
vines or tall shrubbery. Said information shall be specifica~ly shown on plans submitted for Public
Works Department, Streets and Sanitation Division, approvai.
That the maximum number uf students shall be limited to fiky (50).
3. That the petitioner shall submit either of the following to th~; Zoning Division of the Planning
Department for review and approval by the Planning Commission as a"Reports and
Recommendations" item:
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(a) R written agreement with the Anaheim City School District granting permission to utiiize the
playground at Lincoln Elementary Scho~l and specifying the time(s), location and any
pertinent restrictions imposed for use of the playground by this private school; or
(b) Plans for an adequately enclosed playground on a portion of the southwest corner of this
property to ensure a safe playground area for the schooi childrEn. Said plans shall include
materials used for enclosing the playground and any playground equipment, shade coverings,
etc. The piayground shall be developed and maintained in accordance with the approved
plans.
4. That a Iandscape plan showing the type, size and location of existing and proposed refurbished
landscaping and irrigation in :he parking lot shall be submitted to the Zoning Division for review and
approvai by the Planning Commission as a"Reports and Recommendations" iterrs. The landscaping
shall be installed and maintained in accordance with ihe approved plan.
5. That at least fifteen (15), one (1) gallon sized, trees shall be pianted and maintained un maximum
twenty (20) foot centers, with appropriate irrigation facilities, adjacent to Broadway (south property
line) and Fahrion Place (west property line).
6. That plans shall be submitted io the City Traffic and Transportation Manager for review and
approval showing conformance with the most c~.trrent versions of Engineeririg Standard Plan Nos.
436 and 602 pertaining to parking standards and driveway locations. Subject property shall
thereupon be developPd and maintained in r.,onformance with said plans.
7. That the parking lot shall be ~esurtaced, striped and maintained in good condition at all times.
8. That subject properly shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 5, and as conditioned herein.
9. That prior to commencement of the activity authorized by this resolution or within a period of one (1)
year from ihe date of this resolution, whichever occurs first, Condition Nos. 1, 3, 4, 5, 6, 7 and 8,
above-mentioned, shall be complied with. Extensions for further time to complete said conditions
may be granted in accordance with Seclion 18.03.090 of the Anaheim Municipal Code.
10. 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.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicate~l u~on applicanYs compliance
with each and all of the conditions hereinabove set forth. Should any such candition, or any pa~t 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 8, 1998.
~~~~'~ ~ ..~1- ~
C RMAN ANAH IM CITY PI.ANPdING COMMISSION
ATTEST:
~~lY{b~IT1.0'
SECRETARY, AHEIM CITY PLANNING COMMISSION
-3- PC98-93
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
i, Margarita 0, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on June 8, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS:BOSTWICK, BOYDSTUN, BRISTOL, NAPOLES, PERAZA, WILLIAMS
NOES: COMMISSIONERS:NONE
ABSENT: COMMISSIONERS:HENNINGER
IN WITNESS WHEREOF, I have hereunto set my hand this /` "` day ofC~~t~,
1998. ~
~/G[l7'
SECRETARY, HEIM CITY PLAI~NING COMMISSION
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