91-223 RESOLUTION NO. 91R-223
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING
CONDITIONAL USE PERMIT NO. 3403.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit to
permit a pre-school for up to 240 children with waivers of the
hereinafter specified provisions of the Anaheim Municipal Code on
certain real property situated in the City of Anaheim, County of
Orange, State of California, described as:
PARCEL 1: THAT PORTION OF THE SOUTHEAST
QUARTER OF SECTION 36, TOWNSHIP 3 SOUTH, RANGE
9 WEST, SAN BERNARDINO BASE AND MERIDIAN,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID
SECTION 36; THENCE WEST TO A POINT, 195 FEET
EAST OF THE SOUTHWEST CORNER OF THAT CERTAIN
PARCEL OF LAND CONVEYED TO WILBUR E. RASEY AND
WIFE BY DEED RECORDED JANUARY 15, 1944 IN BOOK
1230, PAGE 230 OF OFFICIAL RECORDS; THENCE
NORTH 26° 01' WEST ALONG THE SOUTHWESTERLY LINE
OF THAT CERTAIN PARCEL OF LAND CONVEYED TO
MICHAEL C. BINDER AND WIFE BY DEED RECORDED
MARCH 1, 1947 IN BOOK 1492, PAGE 86 OF OFFICIAL
RECORDS TO A POINT 64.83 FEET SOUTHEASTERLY
FROM AN INTERSECTION THEREOF WITH THE
SOUTHEASTERLY LINE OF THE 100 FOOT STRIP OF
I2~ND DESCRIBED IN DEED TO STATE OF CALIFORNIA,
RECORDED JUNE 4, 1934 IN BOOK 680, PAGE 165 OF
OFFICIAL RECORDS, SAID POINT BEING AN ARC OF A
CURVE, CONCAVE SOUTHEASTERLY HAVING A RADIUS OF
8454.00 FEET; THENCE NORTHEASTERLY ALONG SAID
CURVE, FROM A TANGENT BEARING NORTH 46° 29' 11"
EAST, THROUGH AN ANGLE OF 1~ 41' 55" AN ARCH
DISTANCE OF 250.63 FEET TO THE INTERSECTION
THEREOF WITH THE SOUTHWESTERLY LINE OF THAT
CERTAIN 60 FOOT STRIP OF LAND DESCRIBED IN
PARCEL 1 OF DEED TO HENRY F. DEL GEORGIO AND
WIFE, RECORDED AUGUST 7, 1948 IN BOOK 1682,
PAGE 364 OF OFFICIAL RECORDS; THENCE
SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE OF
THE 60 FOOT STRIP CONVEYED TO DEL GEORGIO, TO
THE EASTERLY LINE OF SAID SECTION 36; THENCE
SOUTHERLY ALONG SAID EASTERLY LINE OF SAID
SECTION 36 TO THE POINT OF BEGINNING.
PARCEL 2: THAT PORTION OF THE SOUTHEAST
QUARTER OF SECTION 36, TOWNSHIP 3 SOUTH, RANGE
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9 WEST, SAN BERNARDINO MERIDIAN, ACQUIRED BY
THE STATE OF CALIFORNIA, BY A DEED RECORDED IN
BOOK 2079, PAGE 160 OF OFFICIAL RECORDS OF
ORANGE COUNTY, BOUNDED NORTHWESTERLY BY A LINE
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTH LINE OF SAID
SECTION, SAID POINT BEING DISTANT ALONG SAID
SOUTH LINE EASTERLY 29.10 FEET FROM THE
NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE
DESCRIBED AS "NORTH 44° 07' 42" EAST 686.96
FEET" IN PARCEL 1 OF A DEED RECORDED IN BOOK
1731, PAGE 521 OF SAID OFFICIAL RECORDS; THENCE
NORTHEASTERLY IN A DIRECT LINE TO THE
SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE
DESCRIBED AS "SOUTH 25° 55' 27" EAST A DISTANCE
OF 64.83 FEET TO THE INTERSECTION THEREOF WITH
A CURVE" IN A DEED RECORDED IN BOOK 2285, PAGE
482 OF SAID OFFICIAL RECORDS.
PARCEL 3: THAT PORTION OF THE SOUTHEAST
QUARTER OF SECTION 36, TOWNSHIP 3 SOUTH, RANGE
9 WEST, SAN BERNARDINO MERIDIAN DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF THE
LkND DESCRIBED IN DEED TO FRANK MINISSALE AND
WIFE RECORDED MARCH 13, 1970 IN BOOK 9238, PAGE
828 OFF OFFICIAL RECORDS OF ORANGE COUNTY,
CALIFORNIA; THENCE NORTHEASTERLY ALONG THE
NORTHWESTERLY LINE OF SAID LAND TO THE MOST
SOUTHERLY CORNER OF THE ELAND DESCRIBED IN DEED
TO THE STATE OF CALIFORNIA RECORDED FEBRUARY
13, 1952 IN BOOK 2285, PAGE 482 OF SAID
OFFICIAL RECORDS; THENCE NORTHEASTERLY ALONG
THE SOUTHEASTERLY LINE OF SAID LAST MENTIONED
LAND, BEING A CURVE CONCAVE SOUTHEASTERLY
HAVING A RADIUS OF 8454.00 FEET, (A RADIAL LINE
OF SAID CURVE PASSING THROUGH SAID MOST
SOUTHERLY CORNER BEARS NORTH 43° 30~ 49" WEST)
AND ITS NORTHEASTERLY EXTENSION TO THE
NORTHWESTERLY TERMINUS OF THE COURSE SHOWN AS
HAVING A DISTANCE OF 42.00 FEET MORE OR LESS ON
THE MAP ATTACHED TO EASEMENT DEED RECORDED MAY
9, 1977 IN BOOK 12185, PAGE 1245 OF SAID
OFFICIAL RECORDS; THENCE ALONG NORTHWESTERLY
PROLONGATION OF SAID COURSE NORTH 38~ 07' 15"
WEST 0.82 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF
18.00 FEET; THENCE WESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 93" 48' 56" AN ARC
DISTANCE OF 29.47 FEET TO A COMPOUND CURVE
CONCAVE SOUTHEASTERLY HAVING A RADIUS OF
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8474.00 FEET; THENCE SOUTHWESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 02° 43~ 31" AN
ARC DISTANCE OF 403.07 FEET TO THE SOUTHERLY
LINE OF SAID SECTION 36; THENCE ALONG SAID
SOUTHERLY LINE NORTH 89° 54' 12" EAST TO THE
POINT OF BEGINNING; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at said
hearing, did adopt its Resolution No. PC91-60 denying Conditional
Use Permit No. 3403; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion, caused
the review of said Planning Commission action at a duly noticed
public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did hold and conduct such public hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports, and did consider the
same; and
WHEREAS, the City Council does find, after careful
consideration of the action of the City Planning Commission and all
evidence and reports offered at said public hearing before the City
Council, that all of the conditions and criteria set forth in
Section 18.03.030.030 of the Anaheim Municipal Code are not present
for the following reasons:
That the granting of the conditional use permit would be
detrimental to the peace, health, safety, and general welfare of
the citizens of the City of Anaheim.
Said finding is based upon the following facts:
1. The proposed site is an irregularly-shaped parcel of land
consisting of approximately 1.5 acres located at the southwest
corner of Santa Ana Canyon Road and Mohler Drive, having
approximate frontages of 406 feet on the south side of Santa Ana
Canyon Road and 300 feet on the west side of Mohler Drive and
further described as 111 South Mohler Drive.
2. The proposed site is zoned RS-A-43,000 (Residential,
Agricultural) Zone.
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3. The Anaheim General Plan currently designates subject
property for Hillside Estate Density Residential land uses.
Subject property is located within the Scenic Corridor Overlay
Zone.
4. Code permits child day care centers and private
educational institutions in the RS-A-43,000(SC) Zone subject to the
approval of a conditional use permit.
5. The waiver pertains to required minimum landscaped
setback. Code requires a 15-foot setback, fully landscaped, for
schools. Plans indicate a 6-foot landscaped setback along the
southern property line adjacent to E1 Rancho Junior High School.
6. Petitioner has submitted revised plans proposing to
construct a one-story, 19-foot high 12,880 square-foot building for
a child day care center for 240 children. Revised plans (Revision
No.1) indicate that the building contains office area, storage
rooms, a snack area, and large class areas with moveable
partitions. Revised plans also indicate a 24,000 square-foot
playground at the southwest corner of subject property.
7. Petitioner indicates proposed hours of operation from
6:00 a.m. to 6:00 p.m. Monday through Friday. Petitioner indicates
a maximum of 20 employees with two shifts of 10 people per shift°
A maximum of 240 children will be enrolled in the facility.
8. Petitioner has submitted two alternative access points
with revised plan. Submitted plans propose either one (1) 28-foot
wide driveway diagonally aligned with the "T" intersection of
Mohler Drive and Old Del Georgio Road to the east; the second
alternative proposes two (2) 26-foot wide driveways from Mohler
Drive. Plans indicate 33 proposed on-site parking spaces and a
covered loading/unloading area. Code requires one (1) space per
employee and a loading/unloading area for children.
9. Revised plans indicate approximately 35 feet of
landscaped setback along Santa Ana Canyon Road, approximately 25
feet of landscaped setback along Mohler Drive and Old Del Georgio
Drive, and a 6-foot landscaped setback along the south property
line adjacent to E1 Rancho junior High School. (Code requires a
minimum 15-foot landscaped setback.)
10. The primary character of the surrounding neighborhood is
low density residential the land uses. The surrounding land uses
to the proposed site are single-family residential to the west,
north and east and institutional (public junior high school) to the
south.
11. The proposed use would increase vehicle traffic in the
immediate area by over 500 vehicle trips per day.
12. Said additional vehicle trips would add to the already
congested public street system in the vicinity and constitute a
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potential safety hazard and danger to school children in the
vicinity.
13. Said increased traffic would add noise, congestion and
addition safety hazards to the adjacent land uses and surrounding
properties.
WHEREAS, said application requests waivers of the
following provisions of the Anaheim Municipal Code:
SECTIONS 18.04.042.020 - Minimum landscape setback.
and 18.21.063 - (15 feet required; 6 feet proposed)
WHEREAS, the City Council does find, after careful
consideration of the action of the Planning Commission and all
evidence and reports offered at said public hearing before the City
Council regarding said requested waivers, that all of the
conditions of Section 18.03.040.030 of the Anaheim Municipal Code
are not present, and that said waivers should be denied, for the
following reasons:
1. That there are no special circumstances applicable to the
property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical
zoning classification in the vicinity because the proposed site is
larger than most other parcels in the same vicinity and the
applicant has failed to demonstrate that the character of the
property has created a hardship which would justify a deviation
from the code requirement.
2. That strict application of the zoning code does not
deprive the property of privileges enjoyed by other property under
identical zoning classification in the vicinity for the reason
hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that said conditional use permit be, and the same
is hereby, denied for the reasons hereinabove specified, and that
the request to permit a pre-school for up to 240 children on the
hereinabove described real property with waivers of the aforesaid
provisions of the Anaheim Municipal Code be, and the same is
hereby, denied.
BE IT FURTHER RESOLVED that the time within which
rehearings must be sought is governed by the provisions of Section
1.12.100 of the Anaheim Municipal Code and the time within which
judicial review of final decisions must be sought is governed by
the provisions of Section 1094.6 of the Code of Civil Procedure and
Anaheim City Council Resolution No. 79R-524.
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CUP #3403
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 9th day of July, 1991.
~YOR OF THE CITY O7 ~EIM
ATTEST:
CITY CLE~ OF THE CITY OF ANAHEIM
JLW:dnl
R34C3403.12
071191
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 91R-223 was introduced and adopted at a regular
meeting provided by law, of the Anaheim city Council held on the 9th day of
July, 1991, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Daly, Ehrle and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Pickler
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 91R-223 on the 10th day of July, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 10th day of July, 1991.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA No SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution NO. 91R-223, duly passed and
adopted by the City Council of the City of Anaheim on July 9, 1991.
CITY CLERK OF THE CITY OF ANAHEIM