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PC 76-237~ ~ ~ RESOLUTION N0, PC76-237 A itESOLUTiON OF THE AR'AHEIM C:TY PLANNING COMMISSION ?HAT. PET1710N FOR CONDITIONAL USE PERMIT N0. 1663 BE GRAN?ED. WHEREA5, the Anahelm City Nlanning Comnisstcn did receive a verifled Petition for Conditional Use Yermlt from SOUTHERt~ CALIFORNIA DiSTRICT, LUTHERAN CHURCIi-MISSQIIRI SYNOD, P.O. Box 6880~ Los Angejes, California 9n~22 (Owner); DENNIS WEHMUELL'cR, ARTHUR STEPNENS ARCHITECTS~ tNL., 11718 W, Pico Boulevard, Los Angeles, Catlfornla 90064 (Agent) of certai~ real property situated in the Clty of Anahaim, County of Orange, 4taCe of Californla deseribed as: That portion of Sections 1 an1 2, Tor~nship ~t JOU~:1~ Rnnrt~~ ) i•iect, :t~ :ii~.~~m on a idap of the Partiti~n of the Runcho Sentia~o d~: 53nta An~, ~~~hich ~:ns entered SeptemUer 21, i858, in IIook B, page 410 of J4d~menta .~C the ~i.otrict Cuur: of the 1'(th Ju~tci.al District in and for Lo~ An~eles Caunty, Calt]'orni~, ~n~l tnclud_ng a pr~rtion of the Eduardo Polloreno Allot~nent in said partition, nnd th~t pr,.~tion of L^t 2 a: the Dontinguez Estate as showr, on a M~+p filr_d in Iioolc ~F, pa~;e lh of Record of Surve,ys in the Gffice of the County Recorder of Oran~e Cnuntv, C~1i~rnnin, dc,cribed ns iollowe: ' Beiyinnir,g at the com:.*.~n corner of Seci;lon^ 1, 2, 11 nnci 12, Tn~u.ht.p ~i ;i~utl~, R:~nr,e 9~~rest, ::. B. B. & bi., thcr.ce Nortli 8y" j7' 'i2" G~~ ~t aalon ; thc: 'r~uuthnr•1y line o1' t;}~r. land descriUad in Parcel 1 of the D~ed to Lawrenen p, M~:ol;r:lltltal~~r und 471f~~ rer.orded td~rch 29, 1949 ln 13:,o1c 1n27., ]?~R>e j3y ~t 0!Y'.i.a.i.u1 lic~~:,:~ci,;, ~'~1.32 fc~:i: i:u L•h~~ Soutii- east corner of said Parcel 1; thence Nnrth 0°•22' 08" tle~t alon~; the Eusterly line of said Parcel 1 a distance of 1193.57 i'cet to the truc point ol'l~c~;i.iining; thence Snuth 89° j7' S2~~ `+1est parallel with s~id Sc~uth~rl;~ 7.ine j~~9.13 f'eet to n point in a non- tan~ent curve concave Westerly having a rndiur of 40U.00 leet, a radial line through said point beurs South 5$° ?_9' ~F`~" Past; th^nce P;oi~th~rl,y alonr_, said curve throu~h a central angle of 31° j2' 20" an arc distanr_e oi 222.'il fect t~i a lino tln~ent; then~e Plorth 0° 22' 08° t•7est pur311e1 witii sai.d i,~ ,t~:rl.;,r line nlon~ caid line tangent 1+ti8.09 feet to a point in the Southerly Lound:~i,y o1' SiU1133 Ana Cnm~on Road ac described i.n Deed to the State of Californla by deed r::corded July 2, l9~Ef3 in Boolc 16u3, pu~e 304 ef Offici~l Recordc; thence Plorth 73° 56' 30" Lu:.t alnnr; ::a.i.d Sautlierly line of uanta Ana Cen,yon Road 300.00 feet to s point in said I:nsterl,y iine :~f Parcel l; thence uouth 0° 22' 08" East along ~sid Eaeterly llr.e 780.43 i'ezt to the true po:lnt of beginnin6. WHEREqS, the Ctty Planning Commission did hotd a public hearing at the ~ity Hall in the Clty af Anahelm on November 8, 1976, at 7:3~ P.m „ notice of said public hearing havTng been duiy 91ven as requlred by law and ln accordance with the provisions of the Anahetm Municipal Code, Chapter 18,03, Yo hear and consider evidenGe for and against sald proposed condltlona) use and to investlgate and make findings and recommendatlons in conneciion Cherekith; and WHEREaS, said Conmisslon, afiter due inspectlon, investigatlon a~d study made by Itself and In its behalf; and afLer due conslderatlon of ali evldence and reports offered at sald heartng, does flnd and determine the following factss 1. That the proposed.use ls properly ene for which a conditlonal use permtt is author{zed by Code Section 18.21,050.1-0~ to w1t: church and pre-school ln the R5- A-43~000(SC) (RESIDENTIAL/AGRtCULTUAL - SCENtC CORRIDOR OVERLAY) PONE. . 2. That :he prapo~ed use wilt not adversely affect the adJoining tand uses and the growth and development of Che area in which it ts proposed to be located. 3. That the slze and shape o! the slte proposed for the use is adequate to altow the full development of the proposed use in a manner not detrimental to the particular aPea na~ to the peaee~ health~ safeLy~ and general welfare of the Citizens of the C1ty of Anah~tm. 4. That the granting of r.he Condittonal Use Permit under the conditlons tmposed will not be datrimental to the ~eace~ health, safety and general welfare of the Cittzens of the City of Rnahcim~ 5, That the petltloner atipulated to providing e.bufter far the single- family resi~ances from the prup~~ed piay yar•~+~ exchanelr+g locatlons with the future cla~sroom~ building which Is located immedietety w°st of the play yard on the submltted RESOLUTION N0. PC76-237 ~ ~ plans; and that preclse plans of said relocatlon shall he submitted to the Planning Commission for approval prlor to the lssuance of a bullding permit. 6. That the Plannin9 Commisston does•hereby deterrnine that precise plans for driveiaay locations along Solomon Drive shall be siibmitted for review and approval by the Traffic Engineer and the Planning Commission prior to the issu~nce of.a building permit, said plans to be substantially in conformance with a City policy discouraging driveta~y and otlier vehicular access locations within 330 feet of the centerline of tFe nearest traffic lane of Santa Ana Canyon Road. 7. That the petltioner stipulated to removin9 the existing ~ff-site tract sign(s) from the subJect property, prior to Issuance of a building permit. 8. That the petitloner sttpulated to pr~viding trash stora~e areas in accordan,ce wiCh ~pproved plans on rile with the Office of the Director of Public 4iorks. 9. That the petietoner irdfcated there will be no boardin9 of the pre-school children on the premises. 10. Tha[ approximately twenty ~2~) area residents and pru~er*.y• owrters indicated their ~resence at said publfc hearing in favor of the propr.sal; that no nne indfcated their presence in opposition; and that no correspondence was received ln opposition to the subJect proposal... EIJVIROtdMEiJTAL IMPACT REPORT FItdDING: That the Anaheim City Plan~fng Commission oes ere y recommend to t e City Council of the City of Anaheim that a negat:ve declaration from the requireme~t to prepare an envir~nmental impacY report he approved for the subJect 'proJect, pursuant to the provlsi~ns nf the California 'cnvlronmental Quality Act. IJOW, THERFFORE, BE IT RESOW ED that the Anaheim City Planning Commission does hereby grant subJect Petition for Co~ditional Use Permit, upon the following condttlons whtch are hereby found to be a necessary prere~uisite to the proposed use of the subJect property in order to preserve the safety and general welfare of the Citizens of the Clty of Anaheim: 1. That all engineering requlcements of the City of Anahelm along Santa Ana Canyon Roacf, including preparation of. improvement plans and installation of all improvements si~ch as curbs and gutters, sidewalks, street grading and paving; dralnage facilities or other appurtenant work, shall be complled a~ith as required by the City Engineer and in eccordance with standard plans and spectficat'tons on file in the Office of the City En9ineer; that street lighting facilities along Santa Ana Canyon Road, Solomon Dr!v~ and Constantine Road shall he installed as required hy the.Director ~f Public Utilities, and in accordanc~ with standard specifications on file in the Office of the Director of Public Utllities; and/or that a bond, certificate.of deposit, leEter of credit, or cash~ in an amount and form satisfactory to the City of Anahetm, shall be posted with the City to guarantee the installation of the ahove-mentioned requireme~ts. 2. That sidev:alks shall be installed along Solomon Drive ~ncf Constantine Drive as required by the Clty Englr~er and In accordance o-iith standard plans and speciflcations on ~ile in the Office of tha Ctty Engineer. 3, That the owner(s) of sub]ect property shall pay to the City of Anaheim thc sum of sixty cents (60C) per front foot along Santa Ana Canyon Road, Solomon Drive and Constantine Drivz for tree plantin9 purposes, h. That trash sCorage areas shall be provided in accordance with approved ~ plans on file with the Office of the Director of Public lJorks, as stipulated to by the petitioner. 5. Tl:at fire hydrants shall be installed and .char9ed as required and det~rmined to be necessary by the Chief of khe ~tre Department prior to commencement of structural framing. 6. That subJect property shall be served by underground utilities. 7: That drainage of subJect property shall be disposed of in a manner satisfactory to the City Engineer. ~, That the owner(s) of subJect property shal) pay appropriate drainage assessment fees to the City of Anaheim as determined by the City Engineer prior to issuance of a buitdtng permit. -2- RESOLlITIOPj N0. PC76-237 0 ~ 9. That appropriate water assessment fees as determined hy ~h~a Director of Public litiltties, shall~be paid to the City of Anaheim prior to the issuance of a building permit. 10. That reasonable landscapin9, including irrigation facilitles shall 6e install~d in the unpaved portion of the south parkway of the Santa Ana Canyon Road right-of-way in accordance with the requirements of the Superintendent of ?:~~•kaiay Maintanance. Following fnstallatlon and acceptance, the City of Anahelm shall assume the responsibility for malntenarce of sald landscaping. , 11. That all structures shall be. constructed in compliance with the requirements of Fire Zone PJo. 4 as requlred and approved by the City of A~aheim Ffre Department. . 12. That the extsting off-site tract sign(s) shall be removed from the subJect property, as stipulated to by the petitioner. 13. That subJect property.shall be developed suhstantially in accordance ~aith pians and speciflcations on ftle with the City of Anaheim marked Exhibit Nos. 1 through 5; provided, however, that precise plans shoa~ing the reloatlon ~f the play yard to the tvest•of the proposed future classroom building, shall be •submttted for Planning Commission approval prior to the issuance of a building permit, as stipulated.to by the petftioner; and, furthermore, that precise plans shall be submitted showing, revised drive~aay locations along Solomon Drive substantially in accordance with a City policy discouragir3 driveway loations within 33~ feet of the centerline of t~ie nearest trafftc lane in Santa Ana Canyon Road, said pi~ns to be as approved by the Traffic Engineer and subJect to the approval of the Planning Commission, prior to the issua~ce of a huliding permit. ~ 14. That Condition Nos. 1, 3, and 12, above-mentioned, shall be complied with prior to the commenceme~t of the activity authorized under this resolution, or prior to the time that the building permit.ts issued., or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission may grant. . 15, 7hat Condition Nos. 2, 4, 6, 7, 10~ il, and 13, above-mentioned, shall be complied with prior to final huflding and zoning inspectlons. THE FOREGOING RESOLUTIOtd is signed and approved b e thls $th da~ of Novemtser, 1976. • q~';~'1• ~ , SECR[TARY, AWAIIFll~1 CITY PLAWI~It~G C01911 1 5 5 1QN STATE OF CALIFORNIA ) COUNTY OF ORAMGE )ss. C I TY OF ANAHE 111 ) CHAIRMAN, AtlAHEI ITY PLAIJNI~~f COH~11.SS10~I I, Patricia B. Scanlan, Secretary of the Anaheim City Planning Commission, rio hereby certify that the foregoing resolution was passed and adopted at a meetin9 of the Anaheim City Plannln9 ~Commission, held on Hovemher 8, 197~, at 1:3~ p.m., by the followinc~ vote of the memhers thereof: AYES: COP1111SSIONERS: RARtICS, FARAPlO, NERBST, KINf,, t1QRLEY, JOk1NS01! MOES: COMMISSIONERS: NOtlE ABSEIJT: 60MI1! SS IOHEP,S: • TOLAR IN 4lIT~IESS WHEREOF, 1 have hereunto set my hand this ~3th day of Hovemher 197G. ~ ~ ~ ' ,~ ~~.-~ . SECRF AR , AIJAHEIM CIT LANHIWG CQM111SSI~F1 -3- RESOlUTIOt! ~l0. PC7h-237