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Resolution-PC 99-35RESOLUTION NO. PC99-35 A~ESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION 7HAT PETITION FOR CONDITIONAL USE PERMIT NO. 4075 BE GRANTED FOR TWENTY (20) YEARS WHEREAS, the Anaheim City Planning Commission did receive a verified Peti4ion for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THE WESTERLY 139 FEET OF THE EASTERLY 381 FEET OF THE NORTHERLY 280 FEET OF THE SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER, OF THE NORTHWEST ONE-QUARTER OF SECTION 16, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51 PAGE 10 MISCELL/aNEOUS MAPS, RECORDS OF SAID ORANGE COUNTY. WHEREAS, the City Planning Commissian did hold a public hearing at the Civic Center in the City of Anaheim on March 1, 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 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 con~~ection therewith; and WHEREAS, said Commission, aftar 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 use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.61.050.350 to convert an existing 14,775 sq.ft, industrial building for the expansion of an existing private elementary and junior high school and administrative ofiices, with waiver of the following: Sections 18.06.050.026.0267 - Minimum number of oarkina s~aces. and 18.61.066.050 (575 aarkinq soaces required; 150 soaces proposed and concurred with by the City Traffic and Transportation Manager} 2. That the parking waiver is approved on the basis of the information and findings contained in paragraph nos. 11, 19 and 25 of Item No. 3 of the March 1, 1999 Staff Report to the Planning Commissian. 3. That the parking waiver, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use. 4. That the parking waiver, under the conditions imposed, will not increase lhe demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. 5. Thak the parking waiver, under the conditions imposed, will not increase the demand and competition tor parking spaces upon adjacent private prc ~oi:rty in the immec+'ate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with Section 1f3.06.010.020 of the Zoning Code). CR3569PK.DOC -1- PC99-35 6. That the parking waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use. 7. That the parking waiver, under the conditiors imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. 8. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 9. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 10. That the tra~c generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry tiie tra~c in the area because the parking lot will be limited to employee and staff use only, and that children will not be permitted in the parking areas to protect them from adjacent industrial uses and activities. 11. That granting of this conditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 12. That four people spoke in opposition to the proposal at the c;~blic hearing and correspondence was received in opposition; and that one person spoke in favor of the proposal and correspondence was received in favor of the proposal. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to convert an existing 14,775 sq.ft. industrial building for the expansion of an existing private elementary and junior high school and administrative offices with waiver of minimum number of parking spaces on a rectangularly-shaped 0.89-acre property having a froniage of 139 feet on the north side of Mable Street, a maximum depth of 280 feet and being located 270 feet east of the centerline of Loara Street, and further described as 1575 West Mable Street (Fairmont Private School); and does hereby approve the Negative Declaration upon finding that the declaration reflects the independentjudgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public 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 RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditionai 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 the applicant shall prepare an "Emergency Response Plan" and submit it to the Fire Department and Planning Department for review. The school shall be responsible for implementation of the Emergency Response Plan and for assuring that all school personnei working with students are aware of said plan. 2. That plans shall be submitted to the City Tra~c and Transportation Manager fur review and approval sh~wing conformance with the most current versions of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developec~ ar,d maintained in conformance with said plans. 3. That the driveway on Mable Street shall be reconstructed to accommodate ten (10) foot radius curb returns in conformance with Engineering Department Standard No. 137. 4. That an on-site trash truck turn around area shall be provided in accordance with Engineering Standard Detail No. 610 and as required by the Deparlment of Public Works, Street Sweeping and CR3569PK.DOC -2- PC99-35 Sanitation Division. Said infcrmation shall be specifically shown on plans submitted for building permits. 5. That the developer/owner shall provide a detailed water usage analysis and buiiding pi2ns for Public Utilities Water Engineering review and approval to determine the adequacy of the existing water system to meet the projecPs water requirements. Any system improvements shall be in accordance with Ruie No. 15A.6 of the Water Utiiity's Rates, Rules and Regulations. 6. That trash storage area(s) shall be provided and maintained in location(s) acceplable to the Streets and Sanitation Division and in accordance with approved pians on file with the Public Works Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graff:i opportunities by the use of plants such as minimum one (1) gallon sized ciinging vines planted on maximum three (3) foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 7. That a trash packer service shall be impiemented. 8. That a maximum of one (1) wall sign shall be permitted for this property and no other advertising signs shall be permitted. Plans for the wall sign shall be subject to review and approval by the Zoning Division, Planning Department and shall compiy with the development standards for the ML (Limited Industrial) Zone. 9. That all existing outdoor storage shall be removed, and outdoor storage shall be prohibited. 10. That a landscape plan for the landscape setback adjacent to Mable Street shall be submitted to the Zoning Division specifying type, size and location of existing, proposed and refurbished landscaping and irrigation for review and approval by the Planning Commission as a"Reports and Recommsndations" item. Following approval and prior to final building and zoning inspections, the landscaping and irrigation facilities shalt be installed and thereafter maintained in accordance with the approved plan. 11. That the activity au!horized bY this resolution shall be permitted only in conjunction with the private schoGi located to the east of the subject property. 12. That hours of operation for this facility shall not exceed 7:00 a.m, to 6:00 p.m., Mr~nday through Friday, as stipulated to by the petitioner. 13. That signs shall be posted at the entrance to the parking lot on this property to limit parking to slaff an~ employees only, and to prohibit drop-off or pick-up of children in the parking lot. 14. That there shall be no student access into the rear or westerly parking areas, as specified on the submitted plans approved by the Planning Commission. 15. That the applicant shall submit a signed statement, approved by the City Attorney's Office, acknowledging that industrial uses are permitted in the surrounding area, and may be located immediatel;! adjacent to subject use. The statement shall include the permitted primary uses and conditionally permitted uses specified by the ML (Limited Industrial) Zone, and shall acknowledge that the uses may be subject to change by Code Amendments without further notice to the subject property owner. Said signed statement need not be a recorded document. A copy of the signed statemrnt shall be on file with the Planning Department. 16. That the existing ~encing shali be refurbished. 17. That this conditional use permit shall expire twenty (20) years from the date of this resolution on March 1, 2019, concurrently with the Iease on the property as s;ipulated to by the petitioner. 18. That three (3) foot higli address numbers shall be displayed on the roof in a contrasting color to the roof material. The numbers shall not be visible to any nearby str•eet or adjacent properties. 19. That subject property shall be dev4!^nar! ;~ ~bstantially in accordance with plans and specifications submitted to the City of Anahelrr; ::: ~:c~ ~;~titioner and which plan:, are on file with the Planning Department marked Revision No. 1 of Exhibit Nos. 1, 2 and 3, and as conditioned herein. CR3569PK.DOC -3- PC99-35 20. That prior to issuance of a building permit or within a period of one (;) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 4, 5, 6, &, 9, 10 and 15, 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. 21. That prior to finai building and zoning inspections, Condition Nos. 3, 7, 10, 13, 16, 18 and 19, above-mentioned, shall be complfed with. 22. That approvai of this application constitutes approval of the proposed request oniy 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 applicabie ordinance, regulation or requirement. BE IT FURTHEFt RESOLVED that the Anaheim City PlanninS Commission does hereby find a~d determine that adoption of this Resolution is expressiy predicated upon ap~licanYs compiiance with each and all of the conditions hereinabove set forth. Stiould any such condition, or any part thereof, be declared invalid or unenforceabie 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 FUREGOING RESOLUTION w a op at th anning Commission meeting of March 1, 199a. i ; CHAIRPERS , AN CITY PLANNING COMMISSIC~N ATTEST: ~(rue~k.~.l2U ~~,'~c.~ SECRETARY, AN EIM 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 adopted at a meeting of the Anaheim City Planning Commission held on March 1, 1999, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES, WILLIAMS NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: IVONE IN WITNESS WHEREOF, I havo hereunto set my hand this .~U"' day of ,~Q1~.h , 1999. l <~~~" SECRETA , ANAHEIM CITY PLANNING COMMISSION CR3569PK.DOC -4- PC93-35