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99-175RESOLUTION N0. 99R-175 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT N0. 4075. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code 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 upon certain real property located within the City of Anaheim, County of Orange, State of California, legally 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 MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; and WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC99-35 granting Conditional Use Permit No. 4075; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, based upon the evidence presented at said hearing, the City Council on May 11, 1999, did adopt its Resolution No. 99R-91 approving Conditional Use Permit No. 4075 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 on the hereinabove described property; and WHEREAS, thereafter, within the time permitted by law, the City Council did receive a written request for rehearing of said decision approving Conditional Use Permit No. 4075 from an interested party in accordance with the procedure prescribed in the Anaheim Municipal Code; and WHEREAS, on June 8, 1999, the City Council did consider and grant said request for rehearing and did schedule a new public hearing on said application for July 13, 1999 which public hearing was continued to August 10, 1999 at the request of the permit applicant; and WHEREAS, on August 10, 1999, the City Council did duly hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports concerning such matter; and WHEREAS, the City Council finds, after careful consideration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code because: a. The Fairmont School is an existing use which has received prior approval by conditional use permit from the City of Anaheim; b. The applicant proposes to convert an existing industrial building into administrative offices, a library and eight classroom which uses require a conditional use permit. 2. 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 because: a. The proposed conditional use permit (and conversion of the existing industrial building to school uses) will not add any additional students. b. That based on the submitted parking study, the traffic generated from this use will not cause an undue burden on the surrounding streets. c. That as conditioned, this use will not be detrimental to the peace, health or safety of the surrounding vicinity or the citizens of Anaheim - 2 - provided that the parking lot shall 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. d. That the property is sufficient in size to accommodate the growth of the existing school facility. e. That the distance from the proposed classrooms to the adjacent industrial use will be increased from what is existing with this expansion 3. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare for the reasons set forth in paragraphs 1 and 2 above. 4. 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 area for the reasons set forth in paragraph 2 above. 5. The granting of the 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 for the reasons set forth in paragraphs 1 and 2 above. AND WHEREAS, the City Council does further find, after careful consideration of the action of the City Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waiver(s), that all of the conditions set forth in Section 18.06.080 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: 1. The variance(s) will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect the adjoining land uses based upon the following: a. 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 Commission. b. 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 - 3 - reasonably foreseeable conditions of operation of such use. c. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. d. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with Section 18.06.010.020 of the Zoning Code). e. 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. f. That the parking waiver, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. 2. The granting of the variance(s) under the conditions imposed will not be detrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim for the reasons set forth in paragraph 1 above. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 4075 be, and the same is hereby, granted on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: Sections 18.06.050.026.0267 - Minimum number of parking spaces. and 18.61.066.050 _(575 parking spaces required; 150 spaces proposed and concurred with by the City Traffic and Transportation Manager); and subject to the following conditions: 1. That the applicant shall prepare an "Emergency Response Plan" and submit it to the Fire Department and Planning Department - 4 - for review. The school shall be responsible for implementation of the Emergency Response Plan and for assuring that all school personnel working with students are aware of said plan. 2. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing 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 developed and 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 Department of Public Works, Street Sweeping and Sanitation Division. Said information shall be specifically shown on plans submitted for building permits. 5. That the developer/owner shall provide a detailed water usage analysis and building plans for Public Utilities Water Engineering review and approval to determine the adequacy of the existing water system to meet the project's water requirements. Any system improvements shall be in accordance with Rule No. 15A.6 of the Water Utility's Rates, Rules and Regulations. 6. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Streets and Sanitation Division and in accordance with approved plans 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 graffiti opportunities by the use of plants 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. 7. That a trash packer service shall be implemented. 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 comply 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. - 5 - 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 Recommendations" item. Following approval and prior to final building and zoning inspections, the landscaping and irrigation facilities shall be installed and thereafter maintained in accordance with the approved plan. 11. That the activity authorized by this resolution shall be permitted only in conjunction with the private school 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., Monday 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 staff and 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 immediately 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 statement shall be on file with the Planning Department. 16. That the existing fencing shall be refurbished. 17. That this conditional use permit shall expire on March 1, 2019, or concurrently with expiration of the current lease on the property as stipulated to by the petitioner, whichever occurs earlier. 18. That three (3) foot high 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 street or adjacent properties. - 6 - 19. That subject property 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 Revision No. 1 of Exhibit Nos. 1, 2 and 3, and as conditioned herein. 20. 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. 1, 2, 4, 5, 6, 8, 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 final building and zoning inspections, Condition Nos. 3, 7, 10, 13, 16, 18 and 19, above-mentioned, shall be complied with. 22. 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 City Council 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 conditions, 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 10th day of August, 1999. MAYOR OF TH,E CITY OF ANAHEIM ATTEST: C Y CLE OF THE CITY OF ANAHEIM 30845.2 - 7 - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 99R-175 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 10th day of August, 1999, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Kring, Tait, McCracken NOES: MAYOR/COUNCIL MEMBERS: Feldhaus ABSENT: MAYOR/COUNCIL MEMBERS: Daly AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resoiution No. 99R-175 on the 10th day of August, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 10th day of August, 1999. C CLER OF THE CITY OF ANAHEIM (SEAL) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 99R-175 was duly passed and adopted by the City Council of the City of Anaheim on August 10th, 1999. ITY CLE K OF THE CITY OF ANAHEIM