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Resolution-PC 99-28RESOLUTION NO. PC99-28 A RESOL~TION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING RESOLUTION NOS. PC94-147 and 97R-70 ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 3726 WHEREAS, on October 31, 1994, the Anaheim City Planning Commission adopted Resolution No. PC94-147 to grant Conditional Use Permit No. 3726 and expand a previously approved private educational institution as an accessory use of an existing church facility; and WH~REAS, on May 20, 9997, the City Council adopted Resolution 97R-70 to amand Resoiution PC94-147 pertaining to approving revised plans and expanding the enrollment (Condition Nos. 5, 6, 10, 11, 12, and 13); and WHEREAS, this property is deveioped with a private school (Fairmont Private School) at 5310 East La Palma Avenue, church and school (Vineyard), offces and warehouse; that the property is located in Development Area 2"Expanded Industrial Area" of Specific Plan No. 94-1 "Northeast Area Specific Plan" in the Scenic Corrid~r Zone Overlay; and that the Anaheim General Plan designates this property for General Industriai land uses; and WHEREAS, the petitioner has requested amendment to this conditional use permit to convert an existing warehouse and o~ce into seven classrooms for expansion of the existing private school and to amend or delete certain conditions of approval pertaining to lhe maximum number of students; and WHEREA;t, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 17, 1999 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of lhe 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; 2nd that this request was continued from lhe February 1, 1999 Planning Commission hearing; and that this hearinc~ was continued from February 1, 1999; 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 proposal to amend this conditional use permit to convert an existing warehouse and office into seven classrooms to expand the existing private school and to amend or delete Condition No. 6 pertaining to the maximum number af students is authorized by Anaheim Municipa~ Code Sections 18.03.091 and 18.110.070.050.0511(b). 2. That the proposed number of new classrooms (seven) was inadvertently adve~~tised as nine. 3. That lhe request to amend or delete Condition No. 6(limiting the maximum enrollment to 650 students) is hereby denied on the basis that it was a~ithdrawn by the applicant following public notification. 4. That the request for seven additional classrooms, a storage room and an office, and modification of certain conditions of approval to expand lhe physical limits of the school within an existing building is hereby approved. 5. That lhe proposed amendment, as approved, will not adversely affect the a~joining land uses and the growth and development of the area in which the proposal is located because the additional classrooms are not any closer to adjacent industrial land uses than the existing ciassrooms; and that the proposed expansion will not creale any additional demands on the site and the improvements are compietely contained within an existing building which is already partially used for a school. cr3561 PK.DOC -1- PC99-28 6. That the size and shape of the site for the amanded use is adequate to allow fuli deveiopment of the proposal in a manner not detrimentai to the particular area nor to ihe peace, heaith, ~safety and general welfare because the proposed physical expansion of the school does not increase the number of students but rather allows for the physical needs of the previously-approved increase in children. 7. That the traffic generated by the amended use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because there will be no or minimal additional traffic generated from this expansion given that there is no increase in the number of students. 8. That amending this conditional use permit, under the conditions imposed, will not be detrimental to thu peace, health, safety and general welFare of the citizens of the City of Anaheim. 9. That no one indicated their presence at the public hearing in opposition; and that no correspondence was received in apposition to this petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to amend this conditional use permit and convert an existing warehouse and o~ce into seven classrooms for expansion of the existing private school and to amend or delete certain conditions of approvai pertaining to the maximum number of students on a irregularly- shaped 23.08-acre property having a frontage of 1,238 feet on the south side of La Palma Avenue, a maximum depth of 860 feet and being located 2,370 feet west of the centerline of Imperiai Highway, and further described as 5310 East La Palma Avenue (Fairmont Private Schools); and does hereby find lhat the Negative ~eclaration previously approvEd in connection with Condition~l Use Permit No. 3726 is adequate to serve as the environmentai documentation fcr this request and that no further environmental documentation is required. NOW, THEREFORE, BE 17 RESOLVED that the Anaheim City Planning Commission does hereby amend Resolution Nos. PC94-147 and 97R-70, adopted in connection with Conditional Use Permit No. 3726, as follows: (a) Amend Condition No. 5 to read: 5. The subject property shall be developed substantially in accordance with pians and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the ?lanning Department marked Revision No. 2 of Exhibit Nos. 1 and 2. (b) Add the following new conditions of approval: 14. That all sewer and storm drain improvements shali be privately maintained. 15. That trash storage areas shall be provided and maintained En location(s) acceptable to lhe Public Works Department, Streets and Sanitation Division, and in accordance witri approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The wails of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 16. That an on-site trash truck turn-around area shall be provided in compliance with Engineering Standard Uetail No. 610 and main:ained to the Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits. 17. That if a"fire line" is required by the Fire Department, the water back-flow equipment shall be above ground behind the minimum required street setback (n a manner fully screened from ali public streets. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or be`~ind the street setback in a manner fully screened from all public streets. Said information shall be specifically shown on plans and approved by the Water Engineering Divisfon of the Pubiic Utfiities Department and the Cross Connection Inspector. -2- Pr99-28 18. That the on-site landscaping and irrigation system shall be rzfurbished and mai~tained in compliance with City standards. 1a. That ail existing mature landscaping shall he maintained and immediately replaced in the event that it becomes diseased or dies. 20. That the two (2) posts located in the landscaping planter west of the easternmosi driveway on La Palma Avenue shall be removed. 21. That the parking lot shall be maintained free of debris or loose gravel at all times 22. That within a period of two (2) months from the date of this resolution, Condition Nos. 18 and 20, above mentioned, shall be complied wilh. 23. That prior to issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 5, 15, 16 and 17, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code" BE IT FURTHER RESQLVED that the Anaheim Ciry Planninfl Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon app~icanPs compliance with each and ali of the conditions hereinabove set forth. Should any such condition, or any part lhe~eof, be declared invalid or unenforceable by the final judgment of any court of competent Jurisdiction, then this Resoiution, and any approvals herein contained, shall be deemed n II and void. THE FOREGOING RESOLUTION as ` pte Planning Commission meeting of February 17, 1999. t ~ ~ ~!1 ~~ CHAIRl' ; N, ANA EIM CITY PLANNING COMMISSION ATTEST: ~l~~i.~ ~~c.e~ SECRE ARY, A HEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and ad~pted at a meetinp of the Anaheim City Planning Commission heid on February 17, 1999, by the folicwing vote of the members thereof: AYES: COMMISSIONERS: BO~TWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES NOES: C:OMMISSIOPJERS: NONE ABSENT: COMMISSIONERS: WILLIAMS IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of ~ 'v ~ , 1999. ~'1~.~'.:tci('~ ~~..~ SECRETA , Af~AHEIM CITY PLANNING COMMISSION -3- PC99-28