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PC 80-232RESOLUTIOtJ tJO. FC80-232 A RESOLUTI Oc! OF THE APIAHE I H C I TY PLAIlI~I NG COf1~~i l SS I GM TNAT .°ETITIOh! FOR CONDITIOhIAL U.`iE PGRPtIT ~l0. 21>G f3E GRANTED W11E(tEAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from AIJAFiEIM fiILLS COt1t1UMITY CIIURCH, 5207 East Orangethorpe Avenue, Anaheim, California, 9;?807, owner, and RAYMO-JD SALMI ASSOCIATES, ItJC., 14C West Plain Street, Tustin, California 92680, agent, of certain real property situated in the Ci[y of Anaheim, County of (Irange, State of California, described as: PARCEL 7: LOT 21, TRACT 117 IN THE COUFJTY OF ORAtJ6[, STATE OF CALIFORNIA, AS SHOWIJ ON A MAP RECORDED IN E3001: 11 PAGE 15 OF D115CELLAtJEOUS MAPS IPl THE OFFICE OF Tf1E COUFlTY RECORDER OF SAID COUhI'fY. WNEREAS, tfie City Planning Conmission did hold a public hearing at the Civic Center in the City of Anaheim on December 15, 1980, at 1:30 P.m., notice of said public hearing haviny been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Cocle, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make finciings and recortmendations in connection therewith; and blHEREAS~ sa;d 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 folla•~ing facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anafiein l1unicipal Cod~ 5ectior. 13.22.0$Q.040 and Q50, and 1~.23.050.030 and,0~E0 to wit: to permit a church and private educational facilities with waiver of; SECTIOiJ 1&.3G.040.011 - Maximum structural heiaht. 25 feet permitted in the Scenic Corridor; ~~7g feet proposed) 2. 7hat the requested waiver is hereby granted on the basis of the hilly topography of subject property, at which location the proposed church would be in a canyon and the proposed building heiyhts would not adversely affect or obstruct the visibility or lines of sight from adjacent and nearby properties. 3. That the proposed use ~vill not aciversely affect the adjoining land uses and the growth and developr. : of the area in which it is proposed to be located. 4. That Che size and shape of the site proposed for the use is adequate to allow tfie full development of the proposed use in a manner not detrimental to the particular arra nor to the peace, health, safety, and general a~elfare of the Citizens of the City of Anaheim. Pc8o-23z 5. That the granting of the Londitional Use Permit under the conditions imposed, if any, wi11 not bc detrimental to the ~eace, health, safeCy and general welfare of the Citizens of the City of M aheim. 6. That the traffic generated by the proposed usc wili not impose an undue burden upon the streets and higfio-~ays desic~ned and improved to carry the traffic in the area. 7. That no one indicated their presence at said public hearing in opposition; and that no corres{~ondence was received in opposition to Che subject petition. Et~VIR01dt1E~JTAL IMPACT FI1JDIt1G: That the Anafieim City Pianning Commission has reviewed the proposal to permit a churcti and private educati~nal facilities with waiver of maximum structural height on ~n irregularly-stiaped parcel of land consisting of approximately 10.3 acres having a frontage of approximately 400 feeC on the southeast side of Santa Ana Canyon Road, having a maximum depth of approximately 1100 feet and being located approximately 500 feet east of the centerline of Eucalyptus Road; and does hereby approve the Plegative Declaration from the requirement to prepare an environmental irtpact report on the basis that there would be no siynificant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the s~ject property for residential hiilside estate density land uses commensurate with the proposal; tliat no sensitive environmental impacts are involved in the proposal; that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declaration substantiating the foregoing findings is on file in the City of Anaheim Planniny Department. NOW, TtiEREFORE, BE iT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional 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 af the Citizens of the City of Anaheim: 1. That all engineering requirements of the City of Anaheim along Santa Ana Canyon Road including preparation of improvement plans and installation of all improvements such as curbs and 9utters, sidewalks, median, street grading and paving, drainage facilities or other appurtenant work, shall be complied with as required by the City Engineer and in accordance a~ith specifications on file in the Office of the City Engineer; that street lighting facilities along Santa Ana Canyon Road shall be installed as required by the Office of Utilities General Manager, and in accordance with specifications on file in the Office of Utilities General Manager; and/or that a bond, certificate of deposit, le[ter of credit, or cash, in an amount and form satisfiactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above-mentioned requirements at such time as Santa Ana Canyon Road is widened through adjacent properties. 2. That reasonable landscaping, incl~~Jing irrigation facilities, shall be installed in the ne~•~ median and parka~ay areas of Santa Ana Canyon Road in accordance with the requirements of the Superintendent of Parkway 11aintenance and the City Engineer. Following installation and acceptance the City of Anaheim shall assume responsib(lity for malntenance of said landscaping, '2' Pc8o-232 Plans on file wtth thea0fficerofetheeExecuLivebDirectoreofrPublicrWorks,w~th approved 4. That fire hydrants shall be installed and charged as required and determtned to be necessary by the Chief of the Fire Deoartment prior to cammencement of structural framtng. 5. That subject property shail be served hy underground utilities. 6• An erosion siltation control plan must be submitted to and approved by the California Regional Water Quality Control Board, Santa Ana Region, arior to issuance of a grading permit. 7. That grading, excavatlon, and all ather construction act(vities shall be conducted in such a manner so as to mintmize the possibility of any silt origtnating from this project being carried tnto the Santa Ana River by storm water originating from or flowtng throuqh this project. 8. That appropriate water assessment fees as determTned by the Office of Utilities Generai Manager shall he pald to the City uf Anaheim prior to the Tssuance of a building permit. assessment•feeshto theeCitynof(Anahe m5as,determinedtbySthe,Citv aEnainee~te drainage issuance of a building permit, prior to 10, That ali requirements of Fire Zone 4, otherwise identified as Fire Administrattve Order No, 76-01~ wi11 be met. Such requirements includ~s but are rta[ ltmited to, chimney spar}; arrestars, protected attic and under floor openinas, Class C or hetter roofing material and one hour f-re resistive con,truction of ho~izontal surfaces if within 200 feet of adJacent hrushland. 11. That fuel breaks shall be provtded as determined to be required by the Fire Chtef, 1~. That the owner(s} of subJect property shall pay the traffic signal assessment fes (Ordinance No, 3896) in an amount as determined by the Cfty Council, for commercial buildings prior to the issuance of a buildino permlt. foot wide3equestriantand hikingstrailsas,shoomronethe E~uestrianca~~da^HJ~mprove a TO Component and that lmprovertient plans, in accordance with standardking Trails spec(fications on file 1n the Office of the City Engineer, shall be submitted atn conJunction ~oith the gradtng plan; and/or that a bond In an amount and form satlsfactory to the City of Anehelm shall be posted with the Ctty to guarantee the instaliation of the a'~ove-mentioned requirements prtor t~ occupa~cy, 14. The owner(s) of subject property shali oesign the drainage facllity required to serve the dratnage basin in which they are locate~ and prepar~ tfie necessary construction plans: {a) The a,m er of subJect pr~pertY and Anaheim Hi11s~ '~3 PC$4-z32 Inc, shall cnmply with the drainage requireroents set forth ln the City Council minutes dated May 20, 1975, regardinq Drainage District 41~ and clarlfication of these requirements set forth in a letter from the Deputy City Attorney (Jac{; Whlte) dated Decenber ~~ 1q78, After final design and approval hy the city, these drafnage facilities shall be constructed at the request of the City of Anahelm; and (b) A reimbursement agreement will he made availahle to the ~evetoper for the engineering design fees. Said drainage facilities shall be of a size and type sufficient to carry runoff waters originattng from higher properties through subject property to ultimate disposal as approved by the City EnginPer. No wor~ ~n ~radfng wi11 be permitted betr~en Octoher 15 and Aprll 15 unless altrequired offsite drainage facilities have been installed and are operative. Prlor to doinq any ~rading between Aprtl 15 and October 15 positive assurance shall he provided the City that such drainage facilities a~ill be installed and operable by October 15. 15. That the owner of subject propertv shall dedicare easements to the City of Anaheim for storm draln and sanitary sewer purposes, including riaht of access for maintenance, as required hy the City En~ineer. 1S. That a perpetual easement agreement with the owner nf the property to the soutF.west~ providing vehicular ingress and eqress from satd property through the church property, shail he si+bmttted to t~e Ctty Attorneys Office for review and approval; then be filed and recorded in the Officr uf the Oranqe County Recorder. 17. That this condttionai use permit is qranted subJect to completion of annexation of suhject property to tne City of Anafieim. 19. That the proposed church shall cnmply a~ith all signinq reauirements of the Scenic Corridor Over)ay Zone. 19. That subject propertv shall be dPVeloned suhstantlally in a~cordancc wJth pians a~J specif(cations on fTle with the Ctty of Anaheim narked Exhihit Nos. 1 through 7. 2Q. That the deceleration lane and median island fn Santa Ane Canyon Road snall conform to the City design siandards as appr~ved hy the CTty Traffic Engineer. 21. That Condition Nos. 1, 11~, 15 and iF~ ~bove-mentioned, shall 6e complied with prior to the commencement of the activity authorized under this resolutlon~ or prtor to the ttme that the huilding permTt is issued, or within a period of one year fran date hereof~ whichever occurs first, or such further time as the Planning Commtssion may grant. 22. That Conditiun Nos. 2, 3, 5~ 7~ ~n~ ~~~ ~q~ t~ an~ 2~, above-mentioned, shall be compited wtth prior to final buildin~ and zoninq tnspections. BF IT FURTHER RESOLVED that the Anaheim City Pla~ning Commission VOP.S hercby find and determine that adoption of this Resolution is expressly predTca!ed upon appiicant's compliance wTth each and all nf the conditions heret~ahove set forth. Should any such condition, or any part thereof~ be declared invalid or u~enforceable - ~ PCBo-232 ~:';:~'; ..: by the final judgment of any court of competent )urisdiction, thPn this Resolution, and any approvals herein contained, ~hall be deemed null and void. THE FOREGOIMG RESOLUTIOM is signed and anproved by me this iSth day of December~ 198Q. HA I R A~I, AMAHE M I ANN I Nr. C(1MM 55 I ON AT7EST: ~~.~~-~c ~ ~.,. ~, ~ELRE~ARV, FIAHE M CI Y LANNINf, COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. C1TY OF ANAHEIM ) i, Edith L. Harris, Secretary of the Anaheim City Plannina Commission, do hereby certtfy that the foregoing resolution ~ras passed and adooted at a meetin~ of the Anaheim City Planning Commissio~ held on December 15, 1~i3Q~ by the fotlowing vote of the me.mbers thereof: AYES: COMM155iQNERS: BARNES, BOUAS, BUSH~IRE, FRY, KINr., T~LAR NOES: COMMISSI4NER5: NONE ARSE~~T: COMMISSIONERS: HERBST 1N WIT~lESS WHEREOF, I have hereunto set my hand this 15th day of December, 1980. ~aZc.~ ~ ~oa~ . ~- , - ~ECRE A~,~N HE M C!~ANNING GnMnlaaiun -5- PC80-232