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Resolution-PC 2023-021RESOLUTION NO. PC2023-021 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN EDUCATIONAL INSTITUTIONS -GENERAL USE CONSISTING OF A TRANSITIONAL KINDERGARTEN THROUGH 8TH GRADE PUBLIC CHARTER SCHOOL AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2021-00218) (2780 EAST WAGNER AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition requesting approval of a conditional use permit to establish an Educational Institution -General use for a public charter school with up to 480 students between Transitional Kindergarten (TK) to 8th Grade, including the remodel of existing buildings for classroom and school administration use, the construction of a new 5,633 square foot two-story classroom building, and various ancillary site modifications and landscaping improvements (the "Proposed Project"), on certain real property located at 2780 East Wagner Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 1.93 acres in area and is currently developed with a church and day care facility. The property is designated for Low Density Residential Uses in the General Plan. The property is located in the "T" Transitional Zone and is subject to the development standards contained in Chapter 18.14 (Public and Special -Purpose Zones) and Subsection .040 of Section 18.40.040 (Uses Adjacent to Residential Zones or Residential Uses) of the Anaheim Municipal Code (the "Code"); and WHEREAS, Educational Institutions -General require a conditional use permit in the "T" Transitional Zone subject to the approval by the Planning Commission pursuant to Subsection .010 of Section 18.14.030 (Uses) of the Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 17, 2023, at 5:00 p.m., with notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against the Proposed Project and to investigate and make findings and recommendation in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's CEQA Procedures, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Planning Commission finds that the effects of the Proposed Project are Categorically Exempt from the requirements to prepare additional environmental documentation per CEQA Guidelines, Section 15301, Class 1 (Existing Facilities); Section 15302, Class 2 (Replacement or Reconstruction); and Section 15303, Class 3 (New Construction or Conversion of Small Structures). The Class 1 exemption consists of the operation, repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination. The Proposed Project includes the conversion of a religious assembly and private school use on an existing developed site to an exclusively public educational use. The proposed project includes the remodeling and ongoing utilization of three (of four) existing buildings and ancillary site improvements, with no physical expansion beyond existing conditions. The Class 2 exemption consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. The exemption includes the replacement or reconstruction of school facilities to provide earthquake resistant structures which do not increase capacity by more than 50 percent. The proposed project will retrofit all existing buildings to meet Category 3 seismic requirements and will not increase capacity by more than 50 percent. The Class 3 exemption consists of construction and location of limited numbers of new, small facilities or structures up to 10,000 square feet in urbanized areas on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available, and the surrounding area is not environmentally sensitive. The new 5,633 sf, two-story building would meet Category 3 seismic requirements and would match the existing 24'-6" height of other buildings on the site. The Proposed Project will not use any hazardous substances, is located on a fully developed site that is serviced by all public services and is not located in a designated environmentally sensitive area. Pursuant to Section 15300.2 (c) and 15301, 15302, and 15303 of Title 14 of the California Code of Regulations, there are no unusual circumstances in respect to the proposed project for which staff would anticipate a significant effect on the environment and, therefore, the Proposed Project would be categorically exempt from the provisions of CEQA; and WHEREAS, the Planning 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 with respect to the request for a conditional use permit, does find and determine the following facts: 1. The Proposed Project is located in the "T" Transition Zone which allows Educational Institutions -General as a conditionally permitted use. Section 18.14.030.160 of the Code, states "Conditional uses shall only be considered to the extent that the proposed use is consistent with the property's underlying General Plan Land Use Designation." The School designation in the General Plan Land Use Element states "Future schools may be developed in other land use designations through procedures established in the Zoning Code. Since 1967 the Property has been continuously used for religious assembly and school use. The Proposed Project is an Educational Institutions -General use which is a conditionally permitted use in the "T" Zone. As such, the Proposed Project is compatible with the General Plan, as described, and the use can be developed through the conditional use permit as established in the Code; and -2- PC2023-021 2. The Proposed Project, as conditioned herein, would not adversely affect the adjoining land uses, or the growth and development of the area. The Property is fully developed with a mix of one and two-story buildings, parking lot, utility service and playground equipment on a property that has been actively used for religious assembly and school purposes for nearly 56 years. Existing site operations include religious assembly within a 420-seat sanctuary and various classrooms, and pre-school with approximately 36 students and four staff. The proposed use is a conversion of the site's existing use from religious assembly and school to exclusively educational use for children in grades Transitional Kindergarten (TK) to 8th grade. The proposed use would operate on a Monday to Friday schedule during typical daytime hours, with exception to half -days on Fridays. The proposed use would utilize existing structures and ancillary site improvements. A one-story building would be replaced with a new two-story building to provide classrooms and administration that would match the existing 24'-6" height of other buildings on the site. The proposed use includes several operational and design features to ensure compatibility with the adjacent residential neighbors and nearby community including staggered outdoor student hours for recesses, electives, and lunches throughout the day. Further, no student use of outdoor areas is planned along or adjacent to the west property line and outdoor activities would be concentrated toward the easterly and central portions of the site. The site would not utilize intercom or bell systems for class transitions and classroom instruction generally occurs indoors. The site would provide a landscaped setback along the west property line and provide ample landscape screening between adjacent residences and the project site. Outdoor lighting would be downward directed with shielded fixtures designed not to spill on to adjacent properties. The project site provides sufficient onsite vehicular circulation to accommodate drop-off/pick-up, queueing, deliveries and emergency and waste collection access to the site. The site provides sufficient onsite parking and the Proposed Project will provide approximately 44% more than required by Code. Parking for special events will be located both on -site and off -site with shuttle service from an off -site lot(s) to bring guests onto the campus. As conditioned, the Proposed Project will be required to comply with a strict parking and onsite pick-up and drop-off plan. Parents/visitors will not be permitted to park in the surrounding neighborhood to the maximum extent feasible. All parents will be required to participate in a mandatory training for pick-up and drop-off procedures and routine updates will be provided to families if adjustments are necessary to ensure the use does not have any negative parking impacts on the adjacent residential neighborhood. 3. The size and shape of the Property is adequate to allow the operation of the Proposed Project in a manner not detrimental to either the particular area or to the health and safety of the public. The site is an irregularly shaped, 1.93-acre parcel that has facilitated religious assembly and school uses since 1967. Despite the site's irregular shape, the building layouts and function has been sufficient for religious assembly and school use. The proposed conversion to exclusively Educational Institutions -General use is adequately accommodated by the existing development onsite. Buildings are concentrated on the front (central/north) portion of the site nearest to E. Wagner Avenue and parking and driveway circulation is located generally on the rear (east/south) portion of the site. The Proposed Project provides sufficient onsite drive aisle widths of 20 feet to accommodate emergency vehicle/fire apparatus and waste services and includes sufficient drive aisle lengths to accommodate vehicle queueing during morning drop-offs and - 3 - PC2023-021 afternoon pick-ups from the site. Consistent with setback requirements to residential uses, a landscaped buffer is provided along the west property line where nine single-family residences share a common boundary with the project site. The landscaped buffer provides ample screening between the residential and educational uses. The Property can accommodate the required parking, vehicle access, and circulation without creating detrimental effects on adjacent properties.; and 4. The traffic generated by the Proposed Project would not impose an undue burden upon the streets and highways designed and improved to carry the anticipated traffic generated by the Proposed Project. The City's Traffic and Transportation Division of the Public Works Department has approved the Vehicle Miles Traveled (VMT) Screening Evaluation and the Traffic Impact Analysis (TIA) prepared for the Project. Based on the Project's anticipated daily trips and the City's VMT Guideline criteria for local serving essential services (e.g., public schools, religious assembly), the VMT screening evaluation found that the project meets the City's Project Type Screening and therefore, no further VMT analysis is required. The TIA evaluates the potential circulation system deficiencies that may result from the project and recommends necessary onsite and offsite improvements to achieve acceptable operations consistent with the City's General Plan level of service goals and policies. Based on the TIA's recommendations, the project would include the following design features in conjunction with development of the site: 1) Provide onsite vehicle queuing for at least 31 vehicles prior to drop-off/pick-up; 2) Restripe the existing striped median along Wagner Avenue/Rio Vista Street and install Tuff Curb and raised delineators to restrict access to the existing median along Wagner Avenue/Rio Vista Street ; 3) Restrict the project driveway to right turn -in only and no left turn out; 4) Install "No U Turn" signs at the intersections of Rio Vista Street at Lizbeth Avenue and Marjan Street at Wagner Avenue; and 5) Implement a traffic management plan to ensure efficient traffic operations during drop-off and pick-up periods. Additionally, the parking layout will be improved to provide additional loading and unloading parking spaces located adjacent to the proposed building to enhance the vehicle circulation of the site. Based on the approved VMT and TIA analyses the Proposed Project will not exceed the anticipated volumes of traffic or daily trips, and the Project's circulation plan demonstrates sufficient onsite vehicle queuing through the parking area; and 5. The granting of the conditional use permit amendment would not be detrimental to the health and safety of the citizens of the City of Anaheim. The proposed educational use includes various programming and design features to balance the educational use with the residential community to the west and north across Wagner Avenue. The Proposed Project would include weekly educational use during daytime hours, Monday to Friday, with Fridays limited to half days and no school uses proposed on the weekends. Outdoor student activities would be staggered throughout the day and oriented away from the westerly residential neighbors as feasible. Use of full cut-off light fixtures would be used to reduce light pollution and ensure that the minimal amount of lighting required for security is provided. Various site improvements would be provided including new landscaping (including ample screening along the west boundary) and play areas would be concentrated to the center and easterly portions of the site as feasible given the site's irregular shape. A noise assessment was prepared for the Proposed Project to evaluate future noise levels on the site (compared against existing conditions) resulting from outdoor student activities associated with the proposed educational use. The noise assessment evaluates how future noise levels would -4- PC2023-021 affect adjacent residential properties west of the site based on the Code noise standard that the project noise levels shall not raise the noise level on the adjacent residential property to more than 60 dBA. Based on noise modeling for the proposed outdoor uses, site and building orientation, the solid wall along the west property line, the 15-foot westerly setback, and existing noise studies, the noise assessment concluded that the noise levels at the adjacent residential properties are expected to be less than 60 dBA in compliance with the Code without any modifications to the proposed design. The project site provides sufficient onsite vehicular circulation to accommodate drop-of0pick-up, queueing, deliveries and emergency and waste collection access to the site. As conditioned, the Proposed Project will be required to comply with a strict parking and onsite pick-up and drop-off plan. Parents/visitors will not be permitted to park in the surrounding neighborhood to the maximum extent feasible. All parents will be required to participate in a mandatory training for pick-up and drop-off procedures and routine updates will be provided to families if adjustments are necessary to ensure the use does not have any negative parking impacts on the adjacent residential neighborhood. As set forth herein, authorization of the proposed Educational Institutions -General use is not expected to be detrimental to the health and safety of the citizens of the City; and WHEREAS, this Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report, and all materials in the project files. There is no substantial evidence, nor are there other facts, that negate the findings made in this Resolution. This Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, this Planning Commission does hereby approve the conditional use permit contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property for which the conditional use permit is applicable in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that any amendment, modification, or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (Revocation or Modification of Permits) of the Code. - 5 - PC2023-021 BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part 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. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 17, 2023. 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 in the event of an appeal. RPERSON, PLANNING CO. ISSION OF THE CITY OF ANAHEIM, ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2023-021 EXHIBIT "A" DEV NO.2021-00218 APN: 253414.12 & 253-459-05 E LIZOETH AVE IL E WAGNER AVE £ MAVERICK AVE f E NORM PL �� Sc sor Source: Recorded Tract Maps amllor City GIS. Please note the oocuracy es +I- hvo to five fW, PC2023-021 EXHIBIT "B" DEVELOPMENT PERMIT NO.2021-00218 (DEV2021-00218) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT WITHIN 30 DAYS OFAPPROVAL OF THE CONDITIONAL USE PERMIT Owner/Developer shall install an approved backflow Public Utilities, prevention assembly on the water service connection(s) Water Engineering 1 serving the property, behind property line and building setback in accordance with Public Utilities Department Water Engineering Division requirements. PRIOR TO GRADING PERMIT ISSUANCE Prepare and submit a final grading plan showing the building Public Works Department, footprints, finished floor elevation, pad elevation, finished Development Services grades, drainage routes, retaining walls, erosion control, slope 2 easements and other pertinent information in accordance with Anaheim Municipal Code and the California Building Code, latest edition to the Public Works Department for review and approval. All required plans and studies shall be prepared by a Registered Public Works Department, 3 Professional Engineer. Development Services Prepare and submit a final drainage study, including supporting Public Works Department, hydraulic and hydrological data to the City of Anaheim for Development Services review and approval. The study shall confirm or recommend changes to the City's adopted Master Drainage Plan by identifying off -site and on -site storm water runoff impacts 4 resulting from build -out of permitted General Plan land uses. In addition, the study shall identify the project's contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage -mitigating measures including but not limited to offsite storm drains and interim detention facilities. The applicant/owner shall obtain the required coverage under Public Works Department, California's General Permit for Stormwater Discharges Development Services 5 associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) number. PC2023-021 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT The applicant/owner shall prepare a Stormwater Pollution Public Works Department, 6 Prevention Plan (SWPPP). The SWPPP shall be kept at the Development Services project site and be available for Public Works Development Services Division review upon request. The applicant/owner shall submit a final Water Quality Public Works Department, Management Plan (WQMP) to the Public Works Department for Development Services review and approval. The WQMP shall be consistent with the requirements of Section 7 and Exhibit 7.I1 of the Orange County Drainage Area Management Plan (DAMP) for New Development/ Significant Redevelopment projects. identify potential sources of pollutants during the long-term on -going maintenance and use of the proposed project that could affect the quality of the stormwater runoff from the project site; define 7 Source Control, Site Design, and Treatment Control (if applicable) best management practices (BMWs) to control or eliminate the discharge of pollutants into the surface water runoff; and provide a monitoring program to address the long- term implementation of and compliance with the defined BMPs. a. The following conditions shall be addressed in the final WQMP report: i. The final WQMP shall include the design calculation of the effective depth. This must be updated in row 7 of Worksheet B. Submit a Geotechnical Report to the Public Works Department Public Works Department, 8 for review and approval. The report shall address any proposed Development Services infiltration features of the WQMP. The applicant shall obtain approval from Orange County Water Public Works Department, 9 District (OCWD) for any encroachments on to their property or Development Services modifications to their facilities. The Owner/Developer shall submit a set of improvement plans Public Utilities, 10 for Public Utilities Water Engineering review and approval in Water Engineering determining the conditions necessary for providing water service to the project. PRIOR TO BUILDING PERMIT ISSUANCE 11 All backflow equipment shall be located above ground outside Public Utilities, of the street setback area in a manner fully screened from all Water Engineering public streets and alleys. Any backflow assemblies currently installed in a vault will have to be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be PC2023-021 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. 12 All requests for new water services, backflow equipment, or fire Public Utilities, lines, as well as any modifications, relocations, or abandonments Water Engineering of existing water services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. 13 All existing water services and fire services shall conform to Public Utilities, current Water Services Standards Specifications. Any water Water Engineering service and/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 costs to upgrade or to abandon any water service or fire line. 14 The Owner shall irrevocably offer to dedicate to the City of Public Utilities, Anaheim (i) an easement for all large domestic. above -ground Water Engineering water meters and fire hydrants, including a five (5)-foot wide easement around the fire hydrant and/or water meter pad. (ii) a twenty (20) foot wide easement for all water service mains and service laterals all to the satisfaction of the Water Engineering Division. The easements shall be granted on the Water Engineering Division of the Public Utilities Department's standard water easement deed. The easement deeds shall include language that requires the Owner to be responsible for restoring any special surface improvements, other than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls, or landscaping that becomes damaged during any excavation, repair, or replacement of City owned water facilities. Provisions for the repair, replacement, and maintenance of all surface improvements other than asphalt paving shall be the responsibility of the Owner and included and recorded in the Master CC&Rs for the project. 15 Applicant shall contact Water Engineering for recycled water Public Utilities, system requirements and specific water conservation measures Water Engineering to be incorporated into the building and landscape construction plans. 16 Provide a certificate, from a Registered Civil Engineer, Public Works Department, certifying that the building pad has been completed in Development Services accordance with the City approved grading plan. PC2023-021 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 17 A Right of Way Construction Permit shall be obtained from the Public Works Department, Public Works Department for all work performed in the public Development Services right-of-way. 18 Submit an interim soils report indicating pad compaction and Public Works Department, site stability prepared by the project's Geotechnical Engineer of Development Services Record. The pad compaction report needs to include a site plan showing the compaction testing locations. 19 A cash -in -lieu of improvements for the street widening along Public Works Department, East Wagner Avenue in the amount determined and approved by Development Services the City Engineer shall be paid to the City of Anaheim. 20 The legal owner shall submit an application for a Subdivision Public Works Department, Map Act Certificate of Compliance to the Public Works Development Services Development Services Division. The Certificate of Compliance shall be approved by the City Surveyor and recorded in the Office of the Orange County Recorder. 21 The applicant/property owner shall submit to the Public Works Public Works Department, Development Services Division for review and approval a Lot Development Services Line Adjustment document. The document shall be approved by the City Surveyor and City Engineer and recorded, along with conforming deed, in the office of the Orange County Recorder. 22 All Landscape plans shall comply with the City of Anaheim Public Works Department, adopted Landscape Water Efficiency Guidelines. This ordinance Development Services is in compliance with the State of California Model Water Efficient Landscape Ordinance (AV 1881). 23 All CBC and CFC requirements shall be followed for permit Fire Department issuance. Any fire permits which includes fire sprinklers, fire Community Risk alarm, etc. shall be submitted directly to Anaheim Fire Reduction Division Prevention Department. PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS ANDIORCERTIFICATE OF OCCUPANCY Owner/Developer shall install an approved backflow prevention Public Utilities, assembly on the water service connection(s) serving the Water Engineering 24 property, behind property line and building setback in accordance with Public Utilities Department Water Engineering Division requirements. All public improvements shall be constructed by the developer, Public Works Department, 25 inspected, and accepted by Construction Services prior to final Development Services building and zoning inspections. 26 All remaining fees/deposits required by Public Works Public Works Department, Department must be paid in full. Development Services PC2023-021 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT Record Drawings and As -Built Plans shall be submitted for Public Works Department, 27 review and approval to the Department of Public Works, Development Services Development Services Division. Prior to certificate of occupancy, street improvements per the Public Works Department, approved Scholarship Prep School Traffic Impact Analysis dated Traffic Engineering 28 May 22, 2023, shall be designed and constructed by the applicant at their cost. Conceptual Street Improvements are depicted in Exhibit 1-5, which include median, signing, and striping improvements, and are subject to approval by City Engineer. OPERATIONAL CONDITIONS The Owner shall be responsible for restoring any special surface Public Utilities Water improvements, other than asphalt paving, within any right -of- Engineering way, public utility easement or City easement area including but not limited to colored concrete, bricks, pavers, stamped concrete, 29 walls, decorative hardscape, or landscaping that becomes damaged during any excavation, repair, or replacement of City owned water facilities. Provisions for maintenance of all said special surface improvements shall be included in the recorded Master CC&Rs for the project and the CitX easement deeds. That ongoing during project operations, all vehicular operations Public Works Department, related to the project shall be consistent with the Parking & On- Traffic Engineering Site Circulation Plan dated May 2023 included as Appendix 7.1 And in the approved Scholarship Prep School Traffic Impact Analysis Planning and Building dated May 23, 2023. Follow-up reports on the Parking & On -Site Department, Circulation Plan shall be submitted to the Planning Services Planning Services Division six months after the beginning of each school year until Division the maximum 480 student capacity has been reached. The Applicant/Owner shall enter into a Memorandum of 30 Understanding (MOU) with the City, which outlines the scope and content of the reports. Should any aspect of the Parking & On -Site Circulation Plan be found to be ineffective, the Applicant/Owner shall meet with City staff to revise the Parking & On -Site Circulation Plan to correct deficiencies. If it is determined by the City's Traffic Engineer that additional reasonable requirements (i.e., striping, traffic diverters, signage, etc.) are necessary, the Applicant/Owner shall be responsible to fully fund the required traffic and circulation improvements, including the costs for any required studies. The project shall comply with the following parking, circulation Public Works Department, 31 and drop-off and pick-up operations: Traffic Engineering a) The project driveway project driveway shall be limited to And rLsht-in/riht-out only. PC2023-021 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT b) All student pick-up/drop-off shall be performed on site. Planning and Building c) School staff members shall assist children out of or into Department, vehicles. Planning Services d) All staff and visitors shall park on site. Division e) The parking lot gates shall be open no later than one-half hour before school start and dismissal, Monday through Friday, to allow parents who arrive early to queue onsite. f) During drop-off and pick-up, the school shall not allow the queuing of vehicles to extend beyond the school's driveway. A school staff member shall be positioned at this location to ensure this condition is enforced. g) All other applicable operation standards contained in the Parking & On -Site Circulation Plan dated May 2023. h) The Parking & On -Site Circulation Plan shall include a map identifying the routes to the school and include written instructions/directions on how to access the school site including information that the school cannot be accessed from southbound Rio Vista Drive. Times for general school operations including administrative Planning and Building 32 functions shall be limited to 6:00 A.M. to 6:00 P.M., Mondays Department, through Fridays, exclusive of special events. Planning Services Division The maximum number of students shall not exceed 480. A letter Planning and Building 33 verifying the student enrollment shall be submitted annually to Department, the Planning Services Division no more than 30 days after the Planning Services commencement of the school year. Division School special events that would necessitate off -site parking shall be limited to six (6) per year. There shall be no parking by parents/visitors/staff on public streets in the surrounding 34 neighborhood during special events. The school shall use off -site parking for special event overflow parking as applicable. The school shall provide a shuttle service from the offshe lot(s) to bring guests onto the campus. GENERAL 35 The following minimum horizontal clearances shall be Public Utilities, maintained between proposed water main and other facilities: Water Engineering • 10-feet minimum separation (outside wall -to -outside wall) from sanitary sewer mains and laterals • 5-feet minimum separation from all other utilities, including storm drains, gas, and electric PC2023-021 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT • 6-feet minimum separation from curb face • 10-feet minimum separation from structures, footings, and trees. The following minimum clearances shall be provided around all new and existing public water facilities (e.g., water mains, fire hydrants, service laterals, meters, meter boxes, backflow devices, etc.): • 10 feet from structures, footings, walls, stormwater BMPs, power poles, street lights, and trees. • 5 feet from driveways, BCR/ECR of curb returns, and all other utilities (e.g., storm drain, gas, electric, etc.) or above ground facilities. 36 No public water main or public water facilities shall be installed Public Utilities, in private alleys or paseo areas. Water Engineering 37 No public water mains or laterals allowed under parking stalls Public Utilities Water or parking lots. Engineering 38 The business shall be operated in accordance with the Letter of Planning and Building Request and Operation submitted as part of this application. Department, Any changes to the business operation as described in these Planning Services Division documents shall be subject to review and approval by the Planning Director to determine substantial conformance with these documents, to determine that adequate parking shall continue to be provided for onsite uses, and to ensure compatibility with the surroundin uses. 39 All new landscaping shall be installed by the owner/developer Planning and Building in conformance with Chapter 18.46 "Landscape and Screening" Department, of the Anaheim Municipal Code and shall be maintained in Planning Services Division perpetuity. Landscaping shall be replaced by the applicant in a timely manner if it is removed, dams ed, diseased, and/or dead. 40 The Applicant/Owner shall defend, indemnify, and hold Planning and Building harmless the City and its officials, officers, employees and Department, agents (collectively referred to individually and collectively as Planning Services Division "Indemnitees") from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded a,,rainst or incurred by Indemnitees and costs of suit, claim or PC2023-021 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 41 The premises shall be developed substantially in accordance Planning and Building with plans and specifications submitted to the City of Anaheim Department, by the applicant, which plans are on file with the Planning Planning Services Division Department, and as conditioned herein. 42 The Applicant/Owner is responsible for paying all charges Planning and Building related to the processing of this discretionary case application Department, within 30 days of the issuance of the final invoice or prior to the Planning Services Division issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. PC2023-021 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Heather Flores, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on July 17, 2023, by the following vote of the members thereof: AYES: Chairperson Kring, Vice Chairperson Henninger, Commissioners Castro, Lieberman, and Walker NOES: Commissioners Perez and Tran-Martin ABSTAIN: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand this 17t' day of July 2023. TT- QLD )Q SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM PC2023-021