Resolution-PC 94-41R~SOLUTION N0. PC94-41
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FON CONDITIONAL USE PERMIT N0. 3662 BE GRANT~D, IN PART
WHEREA:;, the Anahoim Cfty Plannfng Commission did receive a verif!ed Petition for
Conditienal Use Ferrnit for certain real property situ~ted in the City o( Anahetm, County of Orange, State
of Californ(a, described as:
ALLTHAT PORTION OF LAPJO ALLO'fTFD TO PAULA f'ERALTA DE DOMINGUEZ,
AS DESCRIBED IN THE FINAL OE::REE OF PARTI'tIQN OF TME RANCHO
5ANTIAGO QE SAN7A ANA, WHICFI WAS EN7ERFQ SkPTEMBFR 12, 196A IN
BOOK "B", PAGE 410 OF JUDrEtv1ENTS OF THE DISTRICT COURT GF TFIE
17TH JUDICIAL DISTFiICT IN AND FOR L(~S ANGELES COUNTY, CALIFORNIA
DESCRIBED AS FOLLOWS:
COMMENCING AT THE IN?ERSECTIOIJ OF THE ~OUTHEASTERLY LINE OF
PARCFL 1 OF LAND IN DEED Fl~CORDED JUNE 29, 1949, IN BOOK ififii, PAGE
222, AND RE-RECORDED JULY 30, 19h8, IN BCJOK 1678, PAGE 209 OF
OFr'ICIAL RECORDS, WITH THE SAU7HERLY LINE OF SANTA ANA CANYt)N
RQAO, 60 FEET WIDE, AS DESCRIBED II~ BOCK 171, PAGE 144 OF OFFICIAL
RECORQS; 7HENCF NORTH 01 DEG. 03' 15" EAST 13~1.20 FEE7 ALONG SAIh
SOU7HERLV LI~IE OF SANTA ANA CANYON ROAD TO THE 7RUE POINT OF
BEGINNING OF THIS DESCRIPTIQN, SAID PQINT OF BEGINNING BEING THE
BEGINNING OF A TANGENT CURVE GONCAVE NORTHERLY WITH A CENT~iAL
ANGLE OF 37 DEG. 02' 45" AND A RA~IUS OF 480 FEET; THENCE EASTERLY
47.87 FEET THRQUGH A CENTRAL ANGLE OF 5 DEG. 42' 52" ALONG SAIO
~URVE 70 ITS INTERSECTION WITH THE WESTERLY LINE OF TMAT CERTAIN
50 FUOT STRIP OF LAND AS CONVEYED TO 7HE SANT~ ANA VAL'.EY
IRHIGATION CAMPANY f3Y DEEO RECORDED OCTOBER 9, 1947, IN BOOK
1536, PAGE '87 OF OFFICIAL RECQRDS; THENCE ALONG SAIp WESTERLY
LINE SOUTH 26 DEG. ti9' 10" WEST 34.68 FEET 70 AN a'~GLE POINT
THEREON; THENCE SOUTH 6 DE~. 27' 35" WEST 135.16 FEET 7HENCE SOUTIi
7 DCG. 51' 35" EAS7 14A.41 FEET; THENCE SOUTH 33 QECy, 19' 25" WEST
94~.24 FEET 70 A PQIN1' THAT IS NORTH 33 DEG. 19' 25" ERST 1~a.o5 FEE'f
FROM THE SCUTNWEST TERMINUS OF A COURSE IN THE WEST LINE LiF
SAI~ 50 FOOT ~TRIP HAVING A E3EARING OF NOR7H 33 DEG. 19' 25" EA~T
AND A LENGTH QF 255.29 FEET; THENGE LEAVING SAID WESTERLY LINE,
~ARTH 11 DE~. aa' 03" WEST 105.45 FEEl'; 7HENCE NORTH a OEG. 27' 20"
wEST 12o.QO FEET; THENCE NORTH 0 DEG. 21' S6" EAST 178.35 FEE7 TO
THE SOU7HERLY LINE OF AFOREMENTIONED SAN'fA ANA CANYON ROAD, C~0
FEET WIDE; THENCE NORTH 81 DEG. 03' 15" EAST 72.92 FEET 70 TH~ TRUE
POINT OF BrGINNING.
WHEREAS, the Cfty Pl~nn(ng Commissfon did hold a public hec~ing at the Civic Center
in the City oi Anaheim on February 23, 1994 at 1:3~ p.m., notice of safd publfc heai:~g having been duly
given as required hy law and in accordance wfth the provisions of the Anaheirri Munic~,~al Code, Chapter
18,03, to hear and conslder evidence fo~ and agalns! saW proposed conditfcmat u~e permit and to
(nvRStigate and make findings and recommor~iatlons in c~nnection therewfth; end th~4 said public hearinQ
was continued to the March 7 and March 2t, 1J94 Planning rommission meetinfls~ and
CR2049MS.WP -1- PC94•41
~VHEREAS, sald Commfsslori, after due Inspecti~n, investigstion and study made by Itseif
an~ in its behalf, and after due consideratlon of all ovidence and reports offered a4 said hearing, does find
and determine tho following facts;
1. That tf~e proposed use Is propr,rly one for which a conditional use ~ermlt I~ authorizod by
Anahoim Muniolpal Code Section~ 10.44,050.130 and 18,44.U50.270 to permlt a 4,~116 sq.ft, privato
9ducational f~ciliry (preschool to 3~ ',~ade) and a 4,372 sq,ft. church, with walvers ~f the following:
(a) Sectians 18 44.OFi3.040 - Minfmum lendscane set I< acer-t t~
and 18.44.063.050 residentlai zone~undarv.
- 1 fe t fuliy landscaped requlred;
7 feet praposed)
(b) Sectians 18 04.042.~20 - Minimurri~etbark of Institutional uses to
,~r d 1t1.44.063.Q~10 rgsidential ~Qng~ nll d~C.
2, That there are speclat circumstances applicable to the property consisting of its shape and
width whicn do not epply to other fdantically zoned propertles in the vicinity because the elon~ated shape
of the p'operty and Its narrow wid2h make it a hardship to maintaln minimum setbacics from interinr
property lines;
3, That strict appl;cation of the Zoning Cudo deprives the prop~rty ot priviteges onJoyed by
other properties under ldentical z~ning classificatlon in the vicinity;
4. 7hat waiver (b) is hereby denied on .he basis that it was deletecl by the applica~~ti,
5. That the proposed uses are properly anes for which ~ conditlonal use permit is authorizNd
by the Zoning Code;
6. That the proposed uses wlll npt adversely offect the adJoinfnq land uses and the pmwih
and development of tne area In which it fs proposed to be located;
7. That the size and shape of the sfto tur the propos~d usos Is adequate to alluw the full
dovelopment of the proposecl use in a manner not detriment~i to thA particular areA nor ta the peace,
heaith, safoty and c~snoral welfare;
e. That tha traHfc generatod by the proposed usas wfU not irnpose an undue burden upun
tlie streets and highways designed and Improved to carry the traNic in the area;
9. That the grant(ng of the condittonal use permft under the conditions (mposecl will not bg
detrim~ntal to the peace, health, safaty and genorai welfare ot the citizens of the City af Anahelm;
10, Thnt the improved design uf the building Increases compatibility wfth nearby residential
IAnd uses and that on-site signage on the property Is Ilmited to one monument sign tor alf proposed uses;
~nd
11. That three (3) people indicbtec; thefr presence ~t said public hearing fn opposltion; and
that c~rrespondenc~ was receivod in op~ositfon to the s~bJect potition.
.2. F'Cg4-41
CALIFORNIA ENVIRONMENTAL ALITY A T FINDIN,~,: 7hat the Anaheim City Planning
Commfssion has revlewecl the proposal to parmit a 4,416 sq.ft, privato educational facility (preschool to
3rd grado) and a 4,972 sq.it. chu~ch, wfth waivsrs of minimum landscape setback AdJacent to a~esidential
zone boundary ~nd minimum sotback of institutlon2l uses 4o resfdAntial zone boundary an an irregularly-
shaped parcel of land consisting of approximately 0.94 acres, having a fronta~e of apprc~~mately 200 feet
on the south side of Santa Ana Canyon Road, havln9 a maximum depth of approxirnately 435 foot and
being Iocated approxlmately 515 feat west of tho centerline ofroverm enNe ative Decla atio hupon flnding
as 6270 East Senta An~ Canyon Road; and doos hereby app g
that the declaratlon reflects the ~ndependent Judfloment of the lead agency and that it has considored the
Negative Declar~tion together with any comrnents rece3ved durinc~ the public revlew process And further
findiny on the basis of the Initial study and any cornments rocelved that there Is no substant(al ovidence
that the proJect will have a signfiicant effect on the environment.
NOW, THEREFORE, BE IT RESOLVF~ that thd Anaheim Citl~ Planning Commigsion does
hereby grant subJect Petftion fnr CondiNona! Use Permit, in part, upon the following conditions :•~hich are
hereby found to be a necessary prerequisite to thr~ proposed use of the subJect p-operty in order to
~reserve the safety and genera! welfare of the Citfzens of the City cf Anahelm:
1, That the devaloper shall purchase the SAVI property !ovhich was !ncurporated into the approved site
plan) from the Clty of Anaheim or enter into a lease ac~reement as approved by the City. The
doveloper shali submit any purchase offer to the Real Property Secilon of tho Public Works-
EngineQring f3epartment.
2, ThAt the devoloper shall epply ior, obtpfn and finalize a reciassiffc~tion of the SAVI proporty from the
RS-A-43,000(SC) Zone to the GL (SC) Zon~.
3. That a street fmprovement plan for a medfan island on Santa Ana Canyon Road to prohfbit leit turn
movements shall be submltted to the Public Works•Engineering Deparcment. Constructlon sha11 be
completed prior to occupancy.
4. That the striping on Santa Ana Canyon Road shall be modNied to provide adequate ingress and
epress to subJuct site. Tho pl;~n shall be submitted to tho Traffic Engineoring Oivision for review and
approval,
5. That a lot Iine nd~ustment plat to adjust the property li~as such that any new buflding Iles corr~pletely
within ono (1) parcel and coniorms to the Zon(ng and Buildf~~g Codes oval,btshal~l boecord~d
Subdivision Sect~on ~nd approvad by the City Engin~ .;, Fnllowing app
fn the Otifce of the County Recarder. The !ot lino ad(ustment shall be in substantial conforrnance
with the approved sito plan end shall Include the same nurnber of fev~er legal parcels that currently
exlts.
(;. That prior to qrading plan approval, the praperty ownor sha8 submit a Water Ouality Management
Plan (WQMF; specftically Identityfng the best management pract~ces that will bo usod onsite to
control predictable pollutants irom stormwater runoff. The W~MP shal! be submitted to the
Sukxifvlsion Section of the Public Works-Enc~ineQring DApartment iar rovle~w and approvai.
7, That this Conditional Use Permit is granted subject to adoptfon of a zoning ordinance in cannection
witli Fieclassification No. 93•9h-03, nuw pendin4~.
8. That an unsubordinated reciprocal access and parking dgreement, in a form satfsfactory to the City
Attorney, shall be recorded wfih the ~Hice of the Orange County Necorder. A copy or the recorded
agre~ment shall be submhted to the Zoning Division.
-3- PC94-41
9. That in tho event a parcel map to subciivide subjoct property !s recorded, an unsubordfnated
restrlcted covenant, in a form satisfactory to tha City Attorney and providfng recaprocal acces~ and
parking, shall 5o submftted to and appraued by the Clty Traffic and Transportation Managcr and tho
Zoning Divislon. It shali then be recorded with the Oifice of the 6range County Recnrder, A capy
of the recorded covenant sha11 be submftted to the ~oning Dlvision. Said cuvenant ,h~ll include
provfsfans to guarantee that ths entir~ complex shall be mane~ed and mair~talne+i as one (1~
integrated parcel for purposes of parking, vehicular circulatlon, sianage, maintenance, land usago
and arcPiitectural co~~trol, and that the covenant shail be referenced in all deeds trans?orrinc~ all or
any part of the i~torest in subject property,
10. 'fhat the creation of thrpe (3) or moro retail units on the property shall be subject tc, the prior
approval of a conditional use permit.
11. That subJect propor4y shall be developed substantlally (n accordanco w;th plans and s~.~ecfi(cations
submitted to thR Citu of Anaheim by the pet~tfoner and which plans are on flle wlth the Planning
Department mArked Exhibit Nos. 1 through 4; provided, however, that the ~roposec9 Italian Cypress
trees shall be planted a m~x(mum of three (3) teet apart.
12. That the signago on subject property shail be Ifmitecl to one (1) monumont sign.
13. That operating hours shall be Ifmited as tollows:
Monday throufll~ Friday: 6:00 a.m. to 6:30 p.m.
14. That tho maximum enrollment of cl~ildren, ages infant through 3rd gradH, shall be one hundred (100),
15. That the ~layground hours shall be limfted to 9:00 a.m. to 5:00 p.m. and th~t no more than twenty
five (25) chlldren shall use the playgro~nd at one time. o
16. That prlor to lssuance of a building permit or within a pariocJ of one (1) year irom tfie date of !his
resolution, whlchever occurs flrst, Condition Nos. 1, 2, 3, 4, 5, 7 and 8, above meri4(oned, shall be
compHed wlth. Extensions for furlhEr time to complete said conditfons may be yranted In
accordanco with Sectfon 18.03.090 of the Anaheim Mu7lcipal Cocio.
17. That prlor to final building and zoninp Inspectlons, Condklon Nos. 3, 4 and ti, above•mentloned,
sl~all be complied with.
18. That approval of this applicatlon c~nstitutes approval of the proposed request only to the extent that
it complfes with the Anaheim Mun(cipal Zoning Code and any other a{~pliceble City, State and
f'~:~eral regulations, Approval doos not fnclude any actfon or findfngs as to compliance or epproval
of the raqudst rec~ardfng any other appl(cable Ardinanae, rec~ulation or requfrement.
BE IT FURTHER RESOLVED that tho Anahsim Ciry Planning Commisslon does hereby find
and detormina that adoption of thts Resolution is expressly predicated upon applicant's comptipnce with
each and all of tFie conditlons hereinabove set forth. Should any such condit(nn, or any part thoreof, be
declarrid Invalld or unenforceable by tha final judgment cf any court oi con~pet9nt jurisdiction, then this
Resolutlon, and any approvals lierefn ccntalned, shall bo deemeci null and vofd.
-4- PC94-4 i
THE FnREG01NG RESOLU710N wAS adopted at the Planning Commissfon meeting of
March 21, 1994,
~~~> >
CHAIRMAN ANAHEIM CITY P ING ~COMMI~SION
A7TEST,
,~,~ I .l
l ~,Q.n o'~J ,-~ /~. -~Z--~~,~., _
SFCRETARY, ,4NAHEft~1 CITY PIANNING COMMISSION
ST;,TE OF CALIFQRNIA )
COUNTY OF ORANGE ) ss.
CITY QF ANAHEIM )
I, Edith L. Harris, Socretary of the Anaheim Cfty Planning Commission, do hereby certify
that the for~going resolutlon wes passed and adoptod at a meeting of the Anaheim City Planning
Commission held on Marc:h 21, 199A, by the fullowing vote of the members thereof:
AYES: COMMISSIONERS: BOYDSTUN, CAL~WELL, HEPltJINGER, MAYER, MESSE, PERAZA, TAIT
NOE$: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this •~-~~ day of
L(,~,~~~ , 1994. 1
~ ~ ~' ~~
, ; ~..~~ ~ . ~ . .~~~~
SECRETARY, ANAHEIM CITY PLf1NNING COMMISSIAN
.5. f'C94-4t