PC 85-137^
RESOLUTION N0. PC85-137
A RESOLUTIUN OF THE ANAHEZM CITY PLANNTNG COMMISSSON
THAT P~TITION FOR CONDITIONAL US~ PERMIT N0. 2690 BE DENIED
WHEREAS, the Anaheim City Planning Commission did receive a
verified Petition for Conditional Use Permit from F'RAhK MINISSALE AND
SARAH E. MINISSALE, 111 South Mohler Drive, Anaheim, California 92807,
owners and BF20WN & MULLSNS, INC., c/o PHILIP E. BROWN, 2150 North
Arrowhead Avenue, San Bernardino, California 9~405, agent of ce•~tain real
property situated in the City of Anaheim, County of Orange, State of
California, described as:
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTTON
36; TOWNSHZP 3 SOUTH, RANGE 9 WEST~ S.B.B. & 61,,
DGSCkIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION
36; THENCE WEST TO A POINT, 155 F'EET EAST OF THE
SOUTfIWEST CORNER OF THAT CERTAIN PARCEL Or LAND
CONVEYED TU WIL&UR E. RASEY AND WIFE BY DEED
RECORDED JANUARY 15, 1944 IN BOOK 1230, PAGE 230
OF OFFICIAL RECORDS; THENCE IJORTH 26° O1' WEST
ALONG 7'HE SOUTHWESTERLY LINE OF ?'HAT CERTAIN
PARCEL OF LAND CONVFYED TO FfICHP.EL C. BINDER AND
WIFE BY DEGD RECORllEU MARCH 1, 1947 IN BOOK :992
PAGE 86 OF OFFICSAL RECORDS TO A POINT 64.83 rEET
SOUTHEASTERLY FROM AN ZNTERSECTION THEREOF WITH
THE SGUTHEASTERLY LINE OF THE 100 FOOT STRIP OF
LAND DESCRIBED IN DEED TO STATG CP CALIFORNIA,
RECURDED JUNE 4, 1934 IN BOOK 680 PAGE 165, OF
OFFIC2AL RECORDS, SAID POINT BEING IN AN ARC OF A
CURVE~ CONCAVE SOUTHEASTERLY HAVII~G A RADIUS OF
8454.00 FE~T; THENC~ NORI`HEASTERLY ALQNG SAID
CURVE~ FROM A TANGENT BEARING NORTH 46° 29° 21"
EAST, THROUGF! ::Pt T.2:GLc; Oc i° 41' 55' ~ AN ARC
DISTANCE 0: 250.fi3 F'EET TO THE INTERSECTION
THEREOF WITH THE SOUTHWE:TERLY LINE OF THAT
CERTAIN 60 FOOT STRIP OF LAND DESCRIBSD ZN PARCEL
1 OF UEED TO HENRY F. DEL GIORGIG AND WIFE,
RECORDE;D AUGUST 7~ 1948 IN BOOK 1682 PAGE 364 OF
OFFICIAL RECORDS; THENCE SOUTHEASTERLY ALONG SqID
:iOUTHWESTERLY LINE OF THE 60 FOOT STRIP CONVEYED
TO DEL GIORGIO, TO THE EASTERLY LINL OF SAID
SECTION 36; THENCE SOUTHERLY ALONG SAID EASTERLY
LINE OF SAID SECTION 36 TO TIiE POINT OF BEGINNING.
WHEREAS, the City planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on May 29, 1985, at 1:30 p.ui„ notice
of said public hearing having been duly given as required by law and 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
r°rmit and to investigate and mike findings and recommendations in connection
r~ thezewith; and
~~~" , - - ,
rr ~~:
--. PC85-137
~;;
e
~ _. ,-
~ WHERF.AS, said Commission, after due inspection, investigation and
study made by itself and in its behalf, and after due considecation 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 18.21.050.105 and
; 18.21.050.270 to wit: to permit a chi.ld day care center for 204 children with
;~9 waivers oE the following:
.•~
~a) SECTION 18,04.092,020 - Minimum .landscaped setback,
(15 Eeet adiacent to south propertv line
required, plavqround and oarkinq arPa ~
•' 0 to 5 feet proposed)
:~ (°1 SECTION 18.p5.080.030
j'' - Mar.imum sian acea.
(~0-sauare foot identification sian
~~ permitted; 36-square foot w~ll
identification siqn proposed)
,.i (~) SECTIONS 18.06.050.0268 - Required on-site ]oadina a.,~ ~
' 18.06.080 area. (an on-site loadin and unloadin
' AND 18.21.066.040
area for children required; none proposed)
(d) SECiION 18.84.042.011 - A!aximum structural hei ht.
- (25 £eet permitted; 26 fee~ proposed)
z• '!'hat the proposed use is hereby denied.
3. That the requested waivers are hereby denied on the basis that
there are no special circumstances applicable to the property such as size,
shape, topography, location ur surroundings, which do not apply to other
identically zoned properties in the vicinity; and strict application of the
~oning Code does not deprive the property of privileges enjoyed by other
Properties in identical zoning classifications in the vicinity.
~1• That the nroposed u~e v,i21 adversely aYtect the adjoining land
uses and the growth and development of the area in which it is proposed to be
located.
5. That the granting of the Conditional Use Permit under the
conditions imposed, if any, will be detrimental to the peace, health, safety
and general welfare of the Citizens of the City of Anaheim.
6. That the traff.ic yenerated by the proposed use will impose an
undue burden upon the streets and highways designed and improved to carry the
traffic in the area.
7. That seven persons indicated their pres?nce at said public
hearing in oppositiun; and that petitions containin a
signatures were received in opposition to the sub'ect g Pproximately 66
petition containing approximately 27 ~ignatures of peopletlnot ond that a
subje~t request was received. PPosed to
-2 PC85-137
~
la ~.•~.. ,,. ~' . ~ . . ..{.
~--- . . ... ...._ ...
-- ,
~
,~,
ENVIRONMENTAL IMPAC7_FINDING: That the Anaheim City Planning
Commission has reviewed the propo.:al to permir_ a child day care center for 204
children with waivers of minimui,~ :andscaped setback, maximum sign area,
required on-site loading and unloading area and maximum structural height on
an irre9ularly-Shaped parcel of land co~sisting of approximately 1.2 aores
located at the southwest corner of Santa Ana Canyon Rcad and Mohler Drive, and
furthez described as 111 South Mohler Drive; and does hereby approve the
Negative Declaration upon findinq 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 initiai study and a~y comments
received that there is no substantial evidence that the project will have a
significant effect on the envi.ronmenL-.
NOW~ THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission ~1oes hereby deny subject Petition for Conditional Use Permit, on
the basis of the aforementioned Eindings.
THE FGREGOING RESOLUTION is signe~ and approve by me this 29th day
of- May. 1985. /, /
X6! , ,~. ,~~
-C$ALRMAN, ANAHEITt CITY PLANNING COPlMISSZ6N
ATTEST: /^ ~ ~
~ ~-~ : ~. / '~f ^.. ~--~---
SECRETARY~ ANAHEIM CITY PLANNING COh1MISSION
STATE OF CALIFOR~IIA )
CO~NTY UF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of r_he Anaheim City Planning
Commission, do hereby certify that the foregoing cesolution was passed and
adopted at a meeting of the Anaheim City Planning Commis~ion held on May 29,
19g5, by the following vote of the members thereof:
AYES: CUMMISSIONERS: BOUAS~ BUSHORE, FRY~ HERBST, KING~ LA CLAIRE,
MC BURNEY
NOES: COMMISSIONEP.S: NONE
ABSENT: COFIMISSIONE.RS: NOME
IN WI1NESS W[iGREOF, i have heceunto set my hand this 29th day of May,
1y85.
_ ~L~-~--t-~~ ~ 7~F .(il~C.Jc1,
SECRETARY~ ANAHEIM CITY PLANNING COPIMISSION
-3- PC85-137
,
__, . ;'~