PC 82-68~+~ r. ;u
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RESOLU'f I Otl iJO. PC87_-6ii
A R[SOLUTIOtI OF TIiE A'lAHE111 CITY PL~IJPIIfJG COt1NIS510!I
TIIAT PET I T I Ov FOR COhlD I T 10~lAL USE PERF11 T:'J0. 2314 13E GP,A'r~TED
WH[REAS, thc Anaheim City Planning Commission did recetve a verified
Petition for Conditional Use Permit from ROVI PACIFIC REALTY CQRPORATION, I301
Century Par{; East, Suite 111, Los Angeles, Califnrnia, 900G7, otivner, and 11R. E
MRS. 0. H. 13LA'1CHARD, 120 E1 Dorado Lane, Anaheim, California 92F~7, agent, of
certain real property situated in the City of Anaheim, County of Orange, State
of California, descrihed as:
PARCEL A:
THAT PORTIOP~ OF SECTIONS 7 AtlD 18, TOtdNStIIP 1~ SOUTH, RANGE t3 WEST
IN THE RA~~CNO SA;lTIAGO D[ SAPlTA Ai~A, ItJ THE CITY OF ANFHEIM,
COU.'~TY OF ORAI~GE, STATE OF CALIFORiJIE1, BEIilG ALSQ A PQRTIO*! QF TfIE
LAtdD ALLOTTED TO PAULA PERALTA DE DQf11NGUEZ, AS DESCRIDED IW THE
FItdAL U[CftEE OF PARTITIOt! OF SAID RA~JCltO, tJIIICII WAS EFITERED
SEPTEI4l3ER 12, 13u3 Itl DOOI; "D" AT PAGE %~10 OF JUDr,!1ENTS OF THE
UISTRICT COURT OF THE 17TH JUDICIAL DISTRICT IN ADID FOR LOS
AiJGELES COU~dTY, Cl1LI~OR~IIA, DC•SCRIBE~J AS FOLLO'.lS:
DEGItJNING AT TI1E t40ST WESTERLY CORNER OF TIfE LAtJD D~SCRI3ED IN TNE
DEED TO HALLCRAFT HOMES, R[CORDED OCTOf3ER 31, 1372 ~h~ QOQK 101~03
PAG~ g09, OFfICIAL RECORDS; THEMCE ALO~JG THE WOR7HERLY LINES OF
THE LANU OF IiALLCRAFT, P70RTFi 5II'~ 44' 00" EAST 157.;T~ FEET TO A
TAiJGF~lT CURVE COPICAVE SOUTHEASTERLY A~~D HAVING A RA~IUS OF 1Q00.00
FEET; TfiEPJCE PJORTIIEASTERLY ALOtIG SAID CURVF, THROUGH A CENTRAL
AIlGLE OF 17° 39~ 4U"~ AI•! ARC DISTA'JCE OF 3b3.:?5 FEET; THENCE
TAI+IGEIdT NORTIi 7G~ 23' 4~" EAST 4g.04 PEET TO AN A~~GI.E POIhJT I~ THE
LAIJD DESCRI[3ED IN THE D[ED TO 1J00~~ItJE CQRPORl1TION, RECORDED
OCT03[R 27, 1972 II! BOOK 103~7 PAGE i363, OFFICIAL R~COP,DS, THENCE
ALOWG THE LI idE OF TNE LAt~D OF 4100DE31 P1E NORTN 13° 3h' 20" WEST
208,00 FEET; TIIEIJCE SOUTH 7G° 73' 1t0" WEST 297.°0 FEET; TtIEMCE
SOUTFI ~3~ 44' 00" 4lEST 277. 92 F~ET TO A'•1 APlGLF PO I t~T I N SA I D LAND
OF 1J00DBI11E; TfiEhlCE C0~lTIF!UING SOUTIi 58° lF1~' 00" WEST 31.QO fFET
TO A L 1 PJE IJH I CIi DEARS NORTII 31° 16' 00" 'dEST FR~!1 THE P01 NT OF
D@GINtIIWG; THENCE SOUTN 31° 16' 00" EAST 295.17 FF.ET TO T!iF P01~lT
OF 4EGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the City
Nall in the City of Anaheim on April >, 1^S2, at 1:3~ p.n,, notice of said pubiic
hearing having been duly given as required hy laa~ and in accordance with the
provisions of the Anaheim t4unicipal Code~ Chapter 13.03, to hear and c~nsidcr
evidence for and against said proposed conditional use permit and to investigate and
make findings an~ recommendations in connection therewith; said puhlic hearing having
been continu~d Co tlie Planning Commission meeting of April 1'3, 19d2.
WHER[AS, said Commission, after due inspection, invr.sti9ation an~ study made
by itself and in its behalf, an~i after due consideration of all evicience and reports
offered at said I~earing, dc~es find and determine the following facts:
PC82-69
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1. Tliat the proposr.d use is properly one for o-~fiich a conditional use
permit is authorizn_d by Anaheim ~lunicipal Code Section 1B,4Z0~0,040 to wit: to
permit a private day care and elementary ..ducationil facility (ages 2 1/2 years
through third grade) for a maximum enrollment of 2G0 children with toaiver of:
SECTION 13.06.OG0.02ci7 - Minimum number of arkin s aces
1; spaces required; 137 spaces proposed)
2. That the proposed use is hereby granted subject to the following
stipulations made ~y the petitioner at the public hearing: IJh~n enroliment reaches
1~+0 cfiildren, the petitioner shall provide th~ City of Anaheim with a sound study
prepared by a qualified sound engineer. Said sound study sh~ll shoti•~ the mitigation
measures whicli will be necessary to eliminaie any potential adverse impact the
increased activity may have on nearby residences. Said recommended means shall be
provided by the petitioner prior to any increase over 140 children.
3. That the requested parking waiver is hereby granted on the basis that
tlie proposed use will generate less parking than would be necessary if the same floor
area o-~ere used for commercial uses.
4. Tfiat the proposed use, as granted, will not adversely affect the
adjoining land uses and the growth and development of the area in tivhich it is
proposed to be located.
S. That the size and sliape of ttie site proposed for the use, as granted,
is adequate to allo~v the full development of thc proposed use in a manner not
detrimental to the particular area nor to the peace, health, safety, and general
welfare of the Citizens of the City of Anaheim.
~. 'hat the granting of the Conditional Use Permit under the conditions
imposed, will not be detrimental to the peace, health, safety and general welfare of
ttte C i t 1 zens of Ciie t i Cy of Anahe i m,
7. Tfiat the traffic generated by the proposed use ~vill not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in
tlie area.
B. That ta~o persons indicated their presence at said public hearing in
opposition; and ttiat no correspondence was received in opposition, and approximately
20 peopie indicated their presence in favor to the subject petition.
EMVIROIdMEFlTAL IMPACT FINDI~JG: That the Anaheim City Planning Commission has
reviewed the proposal to p~rmit a private day care and elementary educational
facility (ages 2-1/2 years through third grade) with a maximum enroliment of 260
children with waiver of the minimum number of paricing spacas on a rectanyularly-
shaped parcel uf land consisting of approximately 3.~~ acres located at the northeast
corner of Serrano Avenue and Nohl Ranch Road (6~11 and G~13 Serrana Avenue); and does
hereby approve tl~e yegative Declaration from the requirement to prepare an
environm•~ntal impact report on the basis tl~at there would be no significant
individual or cumulative adverse environmental impact du~ to the approval of this
Negative Declaration since the Anaheim General Plan designatr.s the subject property
for gener~) commercial land uses commensurate ~vith the pr~rosal; that no sensitive
environmenta} 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 PJegative Declaration substantiating the foregaing
findinc~s is on file in the City of Anaheim Pianning Department.
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IJOW, TH[REFORE, fiE IT R!cSOLVED that the Anaheim City Plannin9 Commission
does hereby grant subject Petition for Condition~l Use Permit, upon the following
conditions ~•~hich are herr_by found to he a necessary prrrequisite to the proposed use
of the subject property in order to preserve the safety and general H~elfare of the
Citizens of the City of Anaheim:
1. That trash storage areas sha11 be provided in accordanr_e ~:~ith aGproved plans
on file ~aith the Office of the Executive Direr.tor of Puhlic Worl<s.
2. That subject property shal) be devr_loped substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit
Plos. 1 and 2.
3. Tfiat Condition Nos. 1 and 2, above-mentioned, shall he complied with prior
to final buildiny and zoning inspections.
4. That wlien the enrollment reaches 140 cliildren, thr~ petitioner shall submit
to the Pianning Commission a sound study prepared by a qualified sound
engineer. Said study shall evaluate the noise generated by the use, as
expanded, and shall show the mitigation measures which will be undertaken by
the petitioner to eliminate any potential adverse impact the increased
activity may F~ave on nearby residents.
6E IT FURTtIER RESOLVED that tfie Analieim City Planning Commission does hereby
find and deternine that adoption of tfiis Resolution is expressly predicated upon
applicant's compliance with each and all of the condttions hereinabove set forth.
Should any sucl~ 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.
THE FOREGOING RESOLUTIOiJ is signed and approved by me this 19th day of
April, 1982.
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CIIA I RMAN, AIdAHE I t1 C I TY PLAN~! I t!G COMM I SS I ON
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORtIIA )
COUI•!7Y Of ORANGE ) ss.
C I TY 0 F AtdANE I t1 )
I~ Edjth L. Harris~ Secretary of the Anaheim City Planning Commtssion, do
hereby certiFy that the foregoing resolution was passed and adopted at a meeting of
the Anahein City Planning Commission held on April 19~ 19~32~ by the following vote of
the members thereof:
AYES: COPIMISSIOI~ERS: t30UAS~ DUSH~RE, FRY, HERl3ST, KING, MC DURNEY
NOES: C011MISSIOtlERS: PlONE
ABSENT: C011MIS510~JERS: QARPlES
I~I WIThJESS WIIEREOF, I have hereunto set my han~i this 19th day of April~
19S2.
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SECRETARY, A~IAH[ I F1 C i TY PLAtdN I P,G COFiF11 SS I ON
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