PC 82-139,~. ,~,~
RESOLUTION N0. PC87_-139
A RESOLUT I ON OF THE /1NAHE I M C I TY PLAfJtJ I MG COl1M I SS I OP~
TfIAT PETITION FOR CONDITIOHAL USE PERf11T N0. 731~7 13F DF~lIE~
SJHCREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from CALVAR`f DAPTIST CHURCH OF ANAHEI~1, 2780
East lJagner Avenue, Anaheim, California 9280G, owner, of certain real property
situated in ti~c City of Anaheim, County of Orange, State of California,
describeJ as:
THFlT PORTIO;J OF THE PJORTHEAST QUARTER OF TFIE FRACTIOPIAL SOUTNEAST
QUARTER OF SECTION 13, TOWNSFIIP ~~ SOUTH, RANGE 1~ l•lFST, IN THE
RANCHO SAP! JUAN CAJOtJ DE SANTA ANA, AS SHObltJ Q~d A MAP RECORDED I ha
QOOK 51, PAGE 1~ OF MISCELLANEOUS MAPS, R[CORDS OF ~ZAPIGE COUNTY,
CALIFORNIA, BOUNDED AND DESCRIDED AS FOLLOIJS:
BEGINNING AT TNE PJORTHEAST CORNER OF SAID FRACTI~NAL SOUTHEAST
QUARTER AND RUNNItJG THENCE IJESTERLY 144.5 Fc'ET Al01JG THE NORTN
LINE THEREOF; TFIEPICE SOUTHERLY, PARALLEL WITH TIiE EASTERLY LiP1E OF
SAID SOUT(1EAST QUARTER A(!D THE EXTEiISIOid THEREOF TC THE EASTERLY
LINE OF TfiE RANCHO SAN JUAU CAJOP! DE SAtJTA ANA; THftJCF ALONG SAID
RANCHO LINE, NORTH 26° 30' EAST TO THE EAS7'ERLY LINE OF SAID
SOUTHCAST QUARTER; TfiEPJCE PlORTIi ALOP~G SAID EASTERLY LINE TO THE
POItdT Of BEGI?~NING,
THAT PORTION OF DEDICATED PUQLIC STREET RIGHT fiF 41AY COMl10NLY
KNOWP! AS RIO VISTA STREET LOCATED IN THE CiTY OF At7AHEIM, COUNTY
OF ORAI~GE, STATE OF CALIFORtJIA, LYING WlTlil~~ A PORTION OF THE
NORTHLfEST QUARTER OF TNE SOUTHWEST QUARTER OF SECTIOP! 1$, TOIJNSHIP
4 SOUTH, RAWGE 9 WEST, AIJD A PORTION OF TfiE NORTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF SECTIOF! 13, TO1JtJSHIP G SOUTH, RANGE 10
WEST. S.B,a, E fl,, At~D T1i,4T PORT10,! OF SAID RJADtd~1Y DESCRI6ED tiJ
TNE IRREVOCAE3LE OFfER OF DeDICATiO~J RECORDED IN [300K 8391, PAGES
305 /~PJD 3q6 RECORDS OF SAID ORAtJGE COllt~ITY, ALL DOUNDED Otd TIiE
NORTH E3Y THE SOUTfIERLY LIFlE OF WAG~IER AVEPJUE AND BOUPIDED OP! 'fliE
SOUTH ~Y TNE RA~~CHO SAN JUAId CAJOfd DE SANTR A~dA RAtJCHO L I ~JE, ALL
MORE PAR7ICULARLY DESCRIDED AS FOLL04lS:
6EGINtJItJG AT TIIE PdORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE
50UTHEAST QUARTER OF SAID SECTIOP! 13, SAID POINT OF DEGINNING
DEING THE CEMTERLIN[ IWTERSECTIO~J OF RIO VISTA STREET AND WA.r,NER
AVEIJUL"; TI1EtJCE S 89° 4)~ 1G" E, 30,01 FEET TO AN ItJT[RSECTION WITH
A LItIE PARALLEL WITH AtdD 30 fEET EASTERLY OF THC CENTERLIPJE OF
SAID RIO VISTA STREET; Ttl[NCE S 0° 10' 14" W, 39~.31 fFET, MORE OR
LESS~ TO Ald IPITC•RSECTION WITII ThiE RANCHO SAN JUAN CAJON DE SAMTA
AIJA RANCHO LItdE; TFIEI~CE FOLLOWING ALOtJG A PORTION OF SAID RANCNO
LI~dE S Z5 ° 50' 34" W, 173.~5 FEET, P10RE OR LESS, TO AN
IIJTERSECTION WITH A LI(J[ PARALLEL lJ1Tl~ AP1D 45 FCET 1JC•STFRLY OF TI1E
CEiJTERLIPlE OF S/11D RIO VISTA STREET; THCNCE N P~ 10' 41~" E,
~~32.237 FEET ALOtlG SA 1 D PARALL[L L I ~JE TO TfIE QEG I Nyl ~1G OF A CURVE
COrJCAVe SOUTNWESTERLY AtlD NAVINr, A RADIUS OF 25.r10 FEET; THEWCE
fJORTFIL"RLY NPID IdORTHWEST[RLY ALONG snir CURVE THR01)GH A CFMTRAL
PC32-139
APdGLG OF 9~ 07' 3~" AI! ARC D I STAIdCE OF 39.33 FEET TO AN
itlTERSECTIOIJ WITIi A LIWE PARl1LLEL WITII A~JD h5 FEET SQUTHFRLY OF
TH[ CENTERLINE OF IJAGtI[R AVEf~UE; THEi~1CE Pl Cp 10' 41I" E, 45.Q0 FEET
TO THE CE~JTERLIWE OF SAID lJ/1GtJER AV[NUE; THENCE SOUTII t3~ 49' 1G"
[, 70.16 FEET ALOMG THE CE~JTERLINF. OF SAID lJAGPdER AVFNUE TO THE
POIt~T OF [3EGItJtJING.
Wl1ER[AS, the City Planning Commission did hold a public hearing at the City
Hall in the City of Anaheim on July 12, 1~32, at 1:30 p.m., notice of said public
hearing having been duly given as required by la~•~ ard 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 connection therewith; and
WIIEREAS, said 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, d~~es find and determine the following facts:
1. That the proposed use is properly one for which a conditional use
pcrmit is autliorized by Anaheim 1•Sunicipal Code Section 13.21.050,270 to wit to retain
and expand an existing private day school (grades 1-12) ~aitli a maximum enrollment of
300 children with waiver of:
SECTIOt~ 1a.06.OG0.0265 and 13.06.060,0267 - Minimum number of arkinq spaces
-~ sp+T aces required; 7 spaces proposed
Z. That tlie requested waiver is f~ereby denied on the basis tfiat no
hardship was demonstrated pertaining to the property itself as to size, topography,
location and surroundings which do not apply to other properties under identical
zoning classification in the same vicinity.
3. That the proposed use is hereby denied on the basis that the existing
use has created adverse impacts pertaining to noise, traf`ic, parking, etc. on the
surrounding residential neighborhood; tiiat conditions of the original conditional use
permit have not been fully complied with; that expansion of the existing use would
compound existing problems; that the proposed parking spaces are not adequate and
tliere is an existing parking problem; and on the basis that the proposed playground
is not adequate for tlie number of students proposed.
4. That the proposed use will adversely affect the ad,joining land uses and
the growth and development of the area in which it is praposed to be located.
5. That the size and shape of the site proposed for the use is not
adequate to allow the full development of the proposed use in a manner not
detrimental to the particular area nor to the peace, 5ealth, safety, and general
welfare of the Citizens of the City of Anaheim.
6. That the granting of the Conditional Use Perrnit will be detrimental to
the peace, health~ safety and general welfare of the Citizens of the City of Anaheim.
7. That the traffic generated by the proposed use ~aill impose an undue
burden upon tiie streets and higMvays designed and improved to carry the traffic in
the area.
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8. That approximately II persons indicated tlieir presence at said publie
hearing in opposition; and tliat 2 lettcrs ~~er~ received in opposition to the subject
petition.
C•NVIROWMENTIIL 1~1Pl~CT FI~JDIPlG: That the Anaheim City Planning Commission has
reviewed the proposal to retain and expand an existing private day school (grades 1
througli 12) with a maximum enrollment of 3~0 children iaith waiver of minimum number
of parking spaces on an ir,-egularly-shaped parcel of land consisting of approximately
1•93 acres located at the southerly terminus of Rio Vista Street, 27$0 East Wagner);
and hereby approve the Negative Declaration from thr requirement to prepare an
environmental impact report on tiie basis that there ~oould be no significant
individual or cumulative adverse environmental impact due to the approval of this
fJegative Declaration since the Anaheim General Plan designates the subject property
for low-density r~sidential land uses commensurate lYltfl the proposal; that no
sensitive environmental impacts are invn)ved in the proposal; that the Initial Study
submitted by tlie 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 Anal~eim Planning Departme~t.
~~OW, TI1ER[FORE, BE IT RESOLVED that the Anaheim Ctty Planning Commission
does hereby deny subject Petition for Conditional Use Permit on the basis of the
aforemrntioned findings.
TI1E FOREGOING RESOLUTIO;d is signed and a~proved by me this 12th day of July,
~g82.
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ATTEST: ~~^. niri+NE I N C I TY PLAt Fl l MG COMM ~ SS I ON
. ~ . ~
SECRETAR ~ AIJAHEI~1 CITY PLANNING COMt•tISSIO~J
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
~, Edith L. Itarris~ Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution ~aas passed and adopted at a meeting of
the Anaheim City Planning Commission held on July 12, 19f32, by the following vote of
the members thereof:
AYES: COM111SSIONERS: BOUAS, E3USHOR[, FRY, HERBST, KING, 11C BURNEY
NOES: COhiMISSIONERS: ~JOtdE
A[35ENT: COMMISSIOtJERS: DARNES
IP~ IdITNESS WHEREOF, I have hereunto set my h-nd this 12th day of Juiy, 1g32
/n 17r~ ~ ~w ~ '
SECRETAR , Hr~AtiEi!, CITY PLANPIING COM111SSION
-3- PC32-t39
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