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PC 82-139,~. ,~,~ RESOLUTION N0. PC87_-139 A RESOLUT I ON OF THE /1NAHE I M C I TY PLAfJtJ I MG COl1M I SS I OP~ TfIAT PETITION FOR CONDITIOHAL USE PERf11T N0. 731~7 13F DF~lIE~ SJHCREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from CALVAR`f DAPTIST CHURCH OF ANAHEI~1, 2780 East lJagner Avenue, Anaheim, California 9280G, owner, of certain real property situated in ti~c City of Anaheim, County of Orange, State of California, describeJ as: THFlT PORTIO;J OF THE PJORTHEAST QUARTER OF TFIE FRACTIOPIAL SOUTNEAST QUARTER OF SECTION 13, TOWNSFIIP ~~ SOUTH, RANGE 1~ l•lFST, IN THE RANCHO SAP! JUAN CAJOtJ DE SANTA ANA, AS SHObltJ Q~d A MAP RECORDED I ha QOOK 51, PAGE 1~ OF MISCELLANEOUS MAPS, R[CORDS OF ~ZAPIGE COUNTY, CALIFORNIA, BOUNDED AND DESCRIDED AS FOLLOIJS: BEGINNING AT TNE PJORTHEAST CORNER OF SAID FRACTI~NAL SOUTHEAST QUARTER AND RUNNItJG THENCE IJESTERLY 144.5 Fc'ET Al01JG THE NORTN LINE THEREOF; TFIEPICE SOUTHERLY, PARALLEL WITH TIiE EASTERLY LiP1E OF SAID SOUT(1EAST QUARTER A(!D THE EXTEiISIOid THEREOF TC THE EASTERLY LINE OF TfiE RANCHO SAN JUAU CAJOP! DE SAtJTA ANA; THftJCF ALONG SAID RANCHO LINE, NORTH 26° 30' EAST TO THE EAS7'ERLY LINE OF SAID SOUTHCAST QUARTER; TfiEPJCE PlORTIi ALOP~G SAID EASTERLY LINE TO THE POItdT Of BEGI?~NING, THAT PORTION OF DEDICATED PUQLIC STREET RIGHT fiF 41AY COMl10NLY KNOWP! AS RIO VISTA STREET LOCATED IN THE CiTY OF At7AHEIM, COUNTY OF ORAI~GE, STATE OF CALIFORtJIA, LYING WlTlil~~ A PORTION OF THE NORTHLfEST QUARTER OF TNE SOUTHWEST QUARTER OF SECTIOP! 1$, TOIJNSHIP 4 SOUTH, RAWGE 9 WEST, AIJD A PORTION OF TfiE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTIOF! 13, TO1JtJSHIP G SOUTH, RANGE 10 WEST. S.B,a, E fl,, At~D T1i,4T PORT10,! OF SAID RJADtd~1Y DESCRI6ED tiJ TNE IRREVOCAE3LE OFfER OF DeDICATiO~J RECORDED IN [300K 8391, PAGES 305 /~PJD 3q6 RECORDS OF SAID ORAtJGE COllt~ITY, ALL DOUNDED Otd TIiE NORTH E3Y THE SOUTfIERLY LIFlE OF WAG~IER AVEPJUE AND BOUPIDED OP! 'fliE SOUTH ~Y TNE RA~~CHO SAN JUAId CAJOfd DE SANTR A~dA RAtJCHO L I ~JE, ALL MORE PAR7ICULARLY DESCRIDED AS FOLL04lS: 6EGINtJItJG AT TIIE PdORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE 50UTHEAST QUARTER OF SAID SECTIOP! 13, SAID POINT OF DEGINNING DEING THE CEMTERLIN[ IWTERSECTIO~J OF RIO VISTA STREET AND WA.r,NER AVEIJUL"; TI1EtJCE S 89° 4)~ 1G" E, 30,01 FEET TO AN ItJT[RSECTION WITH A LItIE PARALLEL WITH AtdD 30 fEET EASTERLY OF THC CENTERLIPJE OF SAID RIO VISTA STREET; Ttl[NCE S 0° 10' 14" W, 39~.31 fFET, MORE OR LESS~ TO Ald IPITC•RSECTION WITII ThiE RANCHO SAN JUAN CAJON DE SAMTA AIJA RANCHO LItdE; TFIEI~CE FOLLOWING ALOtJG A PORTION OF SAID RANCNO LI~dE S Z5 ° 50' 34" W, 173.~5 FEET, P10RE OR LESS, TO AN IIJTERSECTION WITH A LI(J[ PARALLEL lJ1Tl~ AP1D 45 FCET 1JC•STFRLY OF TI1E CEiJTERLIPlE OF S/11D RIO VISTA STREET; THCNCE N P~ 10' 41~" E, ~~32.237 FEET ALOtlG SA 1 D PARALL[L L I ~JE TO TfIE QEG I Nyl ~1G OF A CURVE COrJCAVe SOUTNWESTERLY AtlD NAVINr, A RADIUS OF 25.r10 FEET; THEWCE fJORTFIL"RLY NPID IdORTHWEST[RLY ALONG snir CURVE THR01)GH A CFMTRAL PC32-139 APdGLG OF 9~ 07' 3~" AI! ARC D I STAIdCE OF 39.33 FEET TO AN itlTERSECTIOIJ WITIi A LIWE PARl1LLEL WITII A~JD h5 FEET SQUTHFRLY OF TH[ CENTERLINE OF IJAGtI[R AVEf~UE; THEi~1CE Pl Cp 10' 41I" E, 45.Q0 FEET TO THE CE~JTERLIWE OF SAID lJ/1GtJER AV[NUE; THENCE SOUTII t3~ 49' 1G" [, 70.16 FEET ALOMG THE CE~JTERLINF. OF SAID lJAGPdER AVFNUE TO THE POIt~T OF [3EGItJtJING. Wl1ER[AS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on July 12, 1~32, at 1:30 p.m., notice of said public hearing having been duly given as required by la~•~ ard 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 WIIEREAS, 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, d~~es find and determine the following facts: 1. That the proposed use is properly one for which a conditional use pcrmit is autliorized by Anaheim 1•Sunicipal Code Section 13.21.050,270 to wit to retain and expand an existing private day school (grades 1-12) ~aitli a maximum enrollment of 300 children with waiver of: SECTIOt~ 1a.06.OG0.0265 and 13.06.060,0267 - Minimum number of arkinq spaces -~ sp+T aces required; 7 spaces proposed Z. That tlie requested waiver is f~ereby denied on the basis tfiat no hardship was demonstrated pertaining to the property itself as to size, topography, location and surroundings which do not apply to other properties under identical zoning classification in the same vicinity. 3. That the proposed use is hereby denied on the basis that the existing use has created adverse impacts pertaining to noise, traf`ic, parking, etc. on the surrounding residential neighborhood; tiiat conditions of the original conditional use permit have not been fully complied with; that expansion of the existing use would compound existing problems; that the proposed parking spaces are not adequate and tliere is an existing parking problem; and on the basis that the proposed playground is not adequate for tlie number of students proposed. 4. That the proposed use will adversely affect the ad,joining land uses and the growth and development of the area in which it is praposed to be located. 5. That the size and shape of the site proposed for the use is not adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, 5ealth, safety, and general welfare of the Citizens of the City of Anaheim. 6. That the granting of the Conditional Use Perrnit will be detrimental to the peace, health~ safety and general welfare of the Citizens of the City of Anaheim. 7. That the traffic generated by the proposed use ~aill impose an undue burden upon tiie streets and higMvays designed and improved to carry the traffic in the area. -2- ~c82-t39 ~ ~ 8. That approximately II persons indicated tlieir presence at said publie hearing in opposition; and tliat 2 lettcrs ~~er~ received in opposition to the subject petition. C•NVIROWMENTIIL 1~1Pl~CT FI~JDIPlG: That the Anaheim City Planning Commission has reviewed the proposal to retain and expand an existing private day school (grades 1 througli 12) with a maximum enrollment of 3~0 children iaith waiver of minimum number of parking spaces on an ir,-egularly-shaped parcel of land consisting of approximately 1•93 acres located at the southerly terminus of Rio Vista Street, 27$0 East Wagner); and hereby approve the Negative Declaration from thr requirement to prepare an environmental impact report on tiie basis that there ~oould be no significant individual or cumulative adverse environmental impact due to the approval of this fJegative Declaration since the Anaheim General Plan designates the subject property for low-density r~sidential land uses commensurate lYltfl the proposal; that no sensitive environmental impacts are invn)ved in the proposal; that the Initial Study submitted by tlie petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declaration substantiating the foregoing findings is on file in the City of Anal~eim Planning Departme~t. ~~OW, TI1ER[FORE, BE IT RESOLVED that the Anaheim Ctty Planning Commission does hereby deny subject Petition for Conditional Use Permit on the basis of the aforemrntioned findings. TI1E FOREGOING RESOLUTIO;d is signed and a~proved by me this 12th day of July, ~g82. ~•-,~~y„~ ~" ,~r ,.f ,'' , ~1 .a~, 1 . ~~ ".r~.~ 1 .+'~ r' : '/A .._" _ ~f ,~`.i".-... .. l+.r~- f'{J ~U Du i~r.~ n ATTEST: ~~^. niri+NE I N C I TY PLAt Fl l MG COMM ~ SS I ON . ~ . ~ SECRETAR ~ AIJAHEI~1 CITY PLANNING COMt•tISSIO~J STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) ~, Edith L. Itarris~ Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution ~aas passed and adopted at a meeting of the Anaheim City Planning Commission held on July 12, 19f32, by the following vote of the members thereof: AYES: COM111SSIONERS: BOUAS, E3USHOR[, FRY, HERBST, KING, 11C BURNEY NOES: COhiMISSIONERS: ~JOtdE A[35ENT: COMMISSIOtJERS: DARNES IP~ IdITNESS WHEREOF, I have hereunto set my h-nd this 12th day of Juiy, 1g32 /n 17r~ ~ ~w ~ ' SECRETAR , Hr~AtiEi!, CITY PLANPIING COM111SSION -3- PC32-t39 ~;,;: , . _