Resolution-PC 2002-15• ~
RESOLUTION NO. PC2002-15
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04470 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
ALL THAT PORTION OF LAND ALLOTTED TO PAULA PERALTA DE DOMINGUEZ,
AS DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE RANCHO
SANTIAGO DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 12, 1968 IN
BOOK "B", PAGE 410 OF JUDGEMENTS OF THE DISTRICT COURT OF THE 17TH
JUDICIAL DISTRICT IN AND FOR LOS ANGELES COUNTY, CALIFORNIA
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF
PARCEL 1 OF LAND IN DEED RECORDED JUNE 29, 1948, IN BOOK 1661, PAGE
222, AND RE-RECORDED JULY 30, 1948, IN BOOK 1678, PAGE 209 OF OFFICIAL
RECORDS, WITH THE SOUTHERLY LINE OF SANTA ANA CANYON ROAD, 60
FEET WIDE, AS DESCRIBED IN BOOK 171, PAGE 144 OF OFFICIAL RECORDS;
THENCE NORTH 01 DEG. 03' 15" EAST 134.20 FEET ALONG SAID SOUTHERLY
LINE OF SANTA ANA CANYON ROAD TO THE TRUE POINT OF BEGINNING OF
TM1~-D€SCRIPTI~N, SAID POINT OF BEGINNING BEING THE BEGIN.NING OF A
TANGENT CURVE CONCAVE NORTHERLY WITH A CENTRAL ANGLE OF 37
DEG. 02' 45" AND A RADIUS OF 480 FEET; THENCE EASTERLY 47.87 FEET
THROUGH A CENTRAL ANGLE OF 5 DEG. 42' 52" ALONG SAID CURVE TO ITS
INTERSECTION WITH THE WESTERLY LINE OF THAT CERTAIN 50 FOOT STRIP
OF LAND AS CONVEYED TO THE SANTA ANA VALLEY IRRIGATION COMPANY
BY DEED RECORDED OCTOBER 9, 1947, IN BOOK 1536, PAGE 487 OF
OFFICIAL RECORDS; THENCE ALONG SAID WESTERLY LINE SOUTH 26 DEG.
49' 10" WEST 34.68 FEET TO AN ANGLE POINT THEREON; THENCE SOUTH 6
DEG. 27' 35" WEST 135.16 FEET THENCE SOUTH 7 DEG. 51' 35" EAST 140.41
FEET; THENCE SOUTH 33 DEG. 19' 25" WEST 141.24 FEET TO A POINT THAT IS
NORTH 33 DEG. 19' 25" EAST 114.05 FEET FROM THE SOUTHWEST TERMINUS
OF A COURSE IN THE WEST LINE OF SAID 50 FOOT STRIP HAVING A BEARING
OF NORTH 33 DEG. 19' 25" EAST AND A LENGTH OF 255.29 FEET; THENCE
LEAVING SAID WESTERLY LINE, NORTH 11 DEG. 44' 03" WEST 105.45 FEET;
THENCE NORTH 4 DEG. 27' 20" WEST 120.00 FEET; THENCE NORTH 0 DEG.
21' 56" EAST 178.35 FEET TO THE SOUTHERLY LINE OF AFOREMENTIONED
SANTA ANA CANYON ROAD, 60 FEET WIDE; THENCE NORTH 81 DEG. 03' 15"
EAST 72.92 FEET TO THE TRUE POINT OF BEGINNING.
WHEREAS, the Anaheim City Pianning Commission did hoid a pubiic hearing at the Civic
Center in the City of Anaheirn on January 28, 2002 at 1:30 o.m., 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 permit and
to investigate and make findings and recommendations in connection therewith; and that the hearing was
continued from the January 14, 2002 Commission meeting; 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:
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1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.03.030, 18.44.050.120 and 18.44.050.270 to expand an existing
private school and day care facility;
2. That the proposed use would not adversely affect the adjoining residentiat, office and
retail land uses nor restrict and the growth and development of the area in which it is proposed to be
located;
3. That the size and shape of the site for the proposed expansion of an existing private
school and day care facility and outdoor area 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 general
welfare;
4. That the traffic generated by the proposed expansion would not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area;
5. That the granting of the conditional use permit under the conditions imposed, would not
be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; and
6. That one person spoke in opposition to subject request and submitted photographs
pertaining to the canopy which is utilized by the subject facility at said public hearing; and that
correspondence was received at the meeting by the Anaheim Hills Citizen's Coalition providing input
pertaining to the request.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Section 15301, Class 1(Existing Facilities), as defined in the State EIR
Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED 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 property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
1. That the hours of operation, as stipulated, by the petitioner, shall be the same as the original
approval for the existing private school and day care facility and limited from 6:30 a.m. to 6:30 p.m.
Monday through Friday.
2. That the playground hours shall be limited to 9:00 a.m. to 5:00 p.m., and that no more than finrenty-
five (25) children shall use the playground at one time.
3. That the private school and day care facility, both existing and expanded, shall not exceed 110
children on-site at any time and 10 employees.
4. That no required parlcing area shall be fenced o~ o#herwise enclosed for outdoor stor~ge uses,
5. That a minimum of 82 parking spaces (including handicapped spaces) shall be provided, on-site at
all times, in conformance with minimum code requirements.
6. That no compact parking spaces shall be permitted.
7. That the trash storage areas shall be maintained in a location acceptable to the Public Works
Department, Streets and Sanitation Division and in accordance with approved plans on file with said
Department. Said storage areas shall be designed, located and screened so as not to be readily
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identifiable from adjacent streets or highways. The walls of the storage areas shall be protected
from graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines
planted on maximum 3-foot centers or tall shrubbery.
That the property shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24)
hours from time of occurrence.
9. That the proposal shall comply with all signing requirements of the CL(SC) Zone unless a variance
allowing sign waivers is approved by the Planning Commission. Any additional signage shall be
subject to review and approval by the Planning Commission as a Reports and Recommendation
item.
10. That if a new monument sign is proposed that the signage shall be limited to one monument sign for
the entire center, revised plans for the monument sign proposing a maximum five (5) foot high by
eight (8) foot wide, twenty (20) square foot sign face (as originally approved as an exhibit to
Conditional Use Permit No. 3662) shall be submitted to the Zoning Division for review and approval.
Plans submitted for Zoning approval shall indicate the removal of the existing unpermitted three (3)
foot high identification sign.
11. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1, 2 and 3 and as conditioned herein.
12. That prior to commeneeFnent of the ac~ivity authorized by this resolution, prior to issua~ce of a
building permit, or within a period of one (1) year from the date of this resolution, whichever occurs
first, Condition Nos. 5, 7 and 10, above-mentioned, shall be complied with. Extensions for further
time to complete said conditions may be granted in accordance with Section 18.03.090 of the
Anaheim Municipal Code.
13. That prior to commencement of the activity authorized by this resolution, or prior to final building and
zoning inspections, whichever occurs first, Condition No. 11, above-mentioned, shall be complied
with.
14. That within 60 days from the date of this resolution the existing canopies shall be properly anchored
to the ground and shall be limited to three (3) canopies.
15. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that 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 hereinabove set forth. Should any such condition, or any part thereof,
be declared i~valid or unenforceabls by th,e fina! judgmen# of any ~ourt of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 28, 2002. „ (i~~'w/
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CHAIRPEFjt~ON, ANAHEIM I PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
t, Eleanor Fernandes, 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 January 28, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS,
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: VANDERBILT
IN WITNESS WMEREOF, { have k~ere~nto set rr}~ hand this ~~ day of
o a.~r , 2002.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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