PC 83-239~. ,
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RESOLUTION NO. PC83-239
A RESOLUTION OF TFiE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2521 BE GRANTED
WHEREAS, the Anaheim City Plannin9 Com.~ission did receive a vetified
Petition foc Conditional Use Permit from BRAILLE INSTITUTE OF AMERICA, 527
Nocth Dale Avenue, Anaheim, Califotnia 92801, ownec, and WARE & MALCOMB
ARCHITECTS, ATTN: ELENI M. BOU~tIDIS, AIA, 18002 Cowan, itvine, California
92714, agent of certain real prope~ty situated in the City rf Anaheim, County
of Orange, State of California, descrioed as:
THE NORTH 165.00 EEET OF THE WEST 122 FEET UF THE EAST 264.00
FEET OF THE NORTdEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 12~ TOWNSHIP 4 SOUTH, RANGE 11 WEST~ IN THE RANCHO LOS
COYOTES, CITY OF ANAHEIM., COUNTY OF ORANGE~ STATE OF
CALIFORNIA~ AS THE SOUTHWEST QUARTER OF SAID SECTION 12 ZS
SHOWN ON RECORD OF SURVEY MAF FILED IN BOOK 16 PAGE 11 OE THE
RECORDS OF SORVEYS IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
T@E EAST 142.00 FEET OF THE NORTH 165.00 FEET OF THE NORT9EAST
QUARTER OF THE SOUTHWEST QUARTER OF SECTIOtd 12~ TOWNSflIP 4
SOUTH~ RANGE 11 WEST, IH THE RANCHO LOS COYOTES~ CITY OF
ANAHEIM~ COUNTY OP ORANGE~ STATE OF CALIFORNIA~ AS SAID
SOUTHWEST QUART~R IS SHOWN ON A HAP FILED IN BOOK 16 PAGE 11
OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY .
THE SOUTH 82.50 FEES OF THE NORTH 247.50 PEET OF THE EAST
264.00 FEET OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 12, TOWNSHIP 9 SUUTH~ Itl~NGr iI wESi, ii+ iHE 22~?:ICHC
LOS COYOTES~ IN THE CITY OF ANAHEIM~ COUNTY OF OPANGE~ STATE
OF CALIFORNIA~ AS S80WN UPON MAP MADE SY CHARLES T. HFAL~Y
UPON SURVEY BY HIM AHOUT 1870 FOR THE STEARNS RANCHOS COMPANY.
THE NORTH 73.26 FEET OE THAT PORTION OF THE NORTHEAST QUARTER
OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH RANGE
11~ WEST~ IN THE RANCHO LOS COYOTES, IN THE CITY OE ANAHEIM~
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS
SHOWN ON A MAP RECORDED IN b00K 51 PAGE 11 OF MISCELLANEOUS
MAPS~ IN THE OFFICE OP THE COUNTY RECORD~R OF SAID COUNTY~
DESCRI9ED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF THE NORTHERST QUARTER
OF THE SOUTHWEST QUARTBR OF SAID SE."ION 12~ NORTH 0° 11' 30"
WESi 933.77 FEET FROM TF3E SOUTHEAST CORNER OF THE NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 12; THENCE
SOUTH 89° 40' 30' WEST 264.00 FEET PARALi.EL WITH THE SOUTH
LINE OF THE NORTHEAST QUARTfiR OE THE SOUTHWEST QUARTER OF SAID
SECTION 12: THENCE NORTH 0° 11' 30" W~ST 146.51 FEET PARALLEL
WITH THE EAST LINE UF THE NORTHEAST QUARTER OE THE SOUTHWEST
QUARTER OF SAID SECTION 12, TO THE POINT ON A LINE PARALLEL
WITH AND AISTANT 247.50 FEET SOUTHERI.Y FROM THE NORTH LINE OF
~O110r PC83-239
THE NORTHEAST QUAP.TER OF THE SOUTHWFST QUARTER OF SAID SECTION
12; THENCE NORTH 89° 41' 10" BAST 264.00 FEET ALONG SAID
PARALLEL LINE TO THE EAST LINE OF TIiE NORTHEAST QUARTER OF THE
SOUTHW~ST QUARTER OF SAID SECTION 12; THENCE SOUTH 0° 11' 30"
EAST 146.46 FEET TO THE POINT OF BEGIPdNING.
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 12, TOWNSHIP 4 SOUTH~ RAGF. 11 WEST IN THE RANCHO
LOS COYOTES IN THE CITY OF ANAHEIM~ COUNTY OF O.~ANGE, STATE OF
CALIFORNIA~ AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK
51 PAGE 11 OF MISCELLANEOUS MAPS~ IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT ON THE EAST LINE OF THE NORTHEAST QUARTER
OF THE SOUTHWEST QUARTER OF SAID SECTION 12, NORTH 0° 11' 30"
WEST 933.77 FEET FROM THE SOUTHEAST CORNER OF THE NORTHEAST
QUARTGR OF THE SOUTHWEST QUARTER OF uAID SECTION 12; THENCE
SOUTH 89° 40' 30" WEST 264.00 FEET PARALLEL WITH THE SOUTH
LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID
SECTION 12; THENCE NORTH 0° 11' 30" WEST 146.51 FEET PARALLEL
WITH THE EAST LINE OF THE NORTHEAST QUARTER OF THE SOUTH4IEST
QUARTER OF SAID SECTION 12, TO A POINT ON A LINE FARALLEL WITH
AND DISTANT 247.50 FEET SOUTHERLY FROM THE NORTH LINE OF THE
NORTHEAST QUI.RTER OF THE SOUTHWEST QUAR'PER OF SAID SECTION 12;
THENCE ~iORTH 89° 41' 10" EAST 264.00 FEET ALONG SAID PARALLEL
LINE TO THE EAST LINE OF THE NORTHEAST QUARTER OF TAE
SOUTHWEST QUARTER OF SAID SECTION 12; THENCE SOUTH 0° 11' 30"
EAST 146.46 FEET TO THE POINT OF BEGINNING.
WHEREAS, the City P2anning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on December 12, 1983, at i:30 p.m.,
nokice of said public hearing having been duly given as required by law and in
accordance with the provisions of the Anaheim Municipal Code, Chaptez .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
WHEREAS, 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, does find and determine the
following facts:
1. That the proposed use is properly one for which a conditional
use permit is authorized by Anaheim Municipal Code Section 18.21.050.270 and
18.06.080 to wit: to permit expansion of a private educational institution
with a maximum enrollment of 240 students in the RS-A-43,000
(Residential/Agricultural) Zone with waiver of:
SECTIONS 18.06.050.0261 - Minimum number of parkina spaces
AND .L8,21.066.010 (675 spaces required; 66 spaces proposed)
-2- PC83-239
2. That the requested waiver is hereby grr,nt~d on the basis that
the parking waiver will not cause an inrrease in traffic congestion in the
immediate vicinity nor adversely affect any adjoi.ning land uses and granting
of the parking waiver under the conditions imposed, if any, will not be
detrimental to the peace, health, saEety and general we.iface of the citizens
o£ the City of Anar:im.
3. That the proposed use is hereby granted subject to the
petitioner's skipulation at the public hearing that they will cooperate with
the City's Engineering Division in every way possible to resolve the drainage
problems to the south; and that City staff will attempt to work with property
owners to the south to obtain dedication for installation of sidewalks and
curbs along Dale Avenue to alleviate the drainage problems.
4. That the proposed use and waiver are hereby granted subject to
the petitioner's stipulation at the publir. hearing that there shall be no more
than 163 students on the site at any one time and that, as referred to in the
traffic study dated November 26, 1983, the number of staff shall not exceed 35
between 8:30 a.m. and 5 p.m. and the number of volunteers shall not exceed 20
between 9:00 a.m. and 2:30 p.m, daily.
5. That the proposed use will not adversely affect the adjoining
land uses and the growth and development of the area in which it is groposed
to be located.
6. That 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
,eneral welEare of the Citizens of the City of Anaheim.
7. That the granting of the Conditional Use Permit under the
conditions imposed, if any, will not be detrimental to the peace, health,
safety and general wel£are of the Citizens of the City of Anaheim.
8. That 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.
9. That three persons indicated their presence at said public
hearing in opposition; and that no correspondence was received in opposition
to the subject petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to permit expansion of a private
educational institution with a maximum enrollment of 163 students on the
premises at any one time in the RS-A-43,.000 (Residential/Agricultural) Zone
with waiver of mi.nimum number of parking spaces on a rectangularly-shaped
parcel of land consisting of approxi.mately 1.75 acres located at the southwest
corner of Crescent Avenue and Dale Avenue, and further described as 527 North
Dale Avenue (Braille Institute); and does hereby approve the Negative
Declaration upon finding that it has considered the Negative Declaration
together with any comments received during the public review process and
further finding on the basis of the initial study ar.d any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment.
-3- PC83-239
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NCW, THEREFORE, BE IT RESOLVGD 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 pcoperty in ordez to preserve the safety
and genzral welfare of the Citizens of the City of Anaheim:
1. That prior to issuance of a building permit, appropriate watec
assessment fees shall be paid to the City of Anaheim, in an amount
as determined by the Office of the Utilities General Manager.
2. That prior to issuance of a building permit, the appropriate traffic
signal assessment fee shall be paid to thc ty of Anaheim in an
amount as determined by the City Counci: for new commercial
buildings.
3. That a final parcel map shall be recorded in the Orange County
Recorders Office t•a combine the existing six separate parcels into
one parcel, or that a covenant as approved by the City Attorney
shall be recorded merging said parcels into one.
4. That plans shall be submitted to the Building Division showing
compliance with the minimum standards of the City of Anaheim,
including the Uniform Building, Plumbing, Electrical, Mechanical and
Fire Codes as adopted by the Cit,y of Anaheim. The appropriate
permits shall be obtained for any nece~sary work.
5. That subject property shall be developed su6stantially in accordance
with plans and specifications on file with the City of bnaheim
marked Exhibit Nos. 1 through 4; provided, however, that 10 foot
radius curb returns shall be installed.
6. That prior to the issnance of a building permit Condition No. 4,
above-mentioned, shall be complied with.
7. That prior to final building and zoning inspections, Condition Nos.
3 and 5, above-mentioned, shall be complied with.
8. That the petitionet shall cooperate with the City's Engineering
Division in every way possible to resolve the drainage problems to
the south; and that City staff shall attempt to work with property
owners to the south to obtain dedication for installation of
sidewalks and curbs along Dale Avenue to alleviate drainage problems.
9. That there shall be no more than 163 students on the site at any one
time and that the staff and voiunteers shall not exceed numbers
referred to in the traffic study dated November 26, 1983, showing 35
employees from 8:30 a.m. to 5 p.m. and 10 to 20 volunteecs from 9:00
a.m. to 2:30 p.m. on any given day.
BE IT FURTHER RESOLVED ~;iat the Anaheim City Planning Commission
does hereby find and determine that adoption of this Resolution is expressly
predicated Upon applicant's compliance with each and all of the conditions
hereirabove set forth. Should any such conditions, or any part thereof, be
declaced invalid ot unenfotceable by the final judgment o£ any couct of
competent jurisdiction, then this Resolution, and any approvals herein
con~ained, shall be deemed null and void.
-4- PC83-239
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THE FOREGOING RESOLUTION is signed and approved by me this 12th day
of December, 1983.
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CHAIRWOMAN, ANAHELM CITY PLANNING COMMISSION
ATTEST: '/
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SECRETARy~ ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIPORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning
Commission, do hereby certify that the foregoing resolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on December
12, 1983, by tlie following vote of the members thereof:
AYES: COMMISSIONERS: BOUAS, BUSHORE~ FRY, HER$ST~ KING~ LA CLAIRE
MC BURNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of
December, 1983.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION