PC 82-152r~d.
RESOLUTION NO. PC82-152
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A RESOLUTION OF THE ANAHEIM CZTY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAJ USE P~RMIT NO. 2361 AE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from SOUTHERN CALIPORNIA DISTRICT OF
LUTHERAN CHURCH-MISSOURI SYNOD c/o HEPHATHA LUTHERAN CHURCH-GREG HEYDON, 5900
East Santa Ana Canyon Road, Anaheim, California 92807, owner, and HALASI-
LEVINSON & ASSOCIATES-DAVID L. LEVINSON, 1671 (E) East Lincoln Avenue, Orange,
California 92665, agent, of certain real property situated in the City of
Anaheim, County of Orange, State of California, described as:
THAT PORTION OF SECTIONS 1 AND 2, TOWNSHIP 4 SOUTH, RANGE 9 W~ST,
COUNTY OF ORANGE~ STATE OF CALIFORNIA, AS SHOWN ON A MAP OP THE
PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA~ WHICH WAS ENTERED
SEPTEMBER 12~ 1868 IN BOOK B, PAGE 410 OF JUDGMENTS OF THE DISTRICT
COURT OF THE 17TH JUDICIAL DISTRICT IN AND FOR LOS ANGELES COUNTY~
CALIFORNIA AND INCLUDING A PORTION C~F THE EDUARDO POLLORENO ALLOTMENT
IN SAID PARTITION AND THAT PORTION OF LOT 2 OF THE DOMINGUEZ ESTATE
AS SHOWN ON A MAP FILED II~ BOOK 4~ PAGE 15 OP RECORD OF SURVEFS IN
THE Or'FICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE COM1~fON CORNER OF SECTIONS 1, 2, 11 AlID 12~ TOWNSHIP
4 SOUTH, RANGE 9 WEST~ S.B.B. & M., THENCE NORTH 89° 37' 52" EAST
ALONG THE SOUTHERLY LINE OF THE LAND DESCRIBED IN PARCEL 1 OF THE
DEED TO LAWRENCE A. MOCKENTHALER ANA WIFE~ RECORDED MARCH 29~ 1949 IN
BOOK 1821~ PAGE 539 OF OFFIC2AL R~CORDS, 281.32 FEST TO THE SOUTHEAST
CORNER pF SAID PARCEL 1; 'PHENCE NORTH 0° 22' OS" WEST 1lLONG THE
EASTERLY LINE OF SAID PARCEL 1 A DISTANC$ OF 1193.57 FEET TO THE TRUE
POINT OF BEGINNING; THENCE SOUTH 89° 37' 52" WEST PARALLEL WITH SAID
SOUTHERLY LINE 349.13 FEET TO A POINT IN A NON-TANGENT CURVE CONCAVE
WESTERLY HAVING A RADIUS OF 400.00 FEET, A RADIAL LINE THROUGEI SAIA
POINT BEARS 50UTH 58° 29' 48" EAST; THENCE NORTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 31° 52' 20" AN ARC DISTANCE OF 222.51 FEET
TO A LINE TANGENT; TAENCE NORTH 0° 22' 08" WEST PARALLEL WITH SAID
$ASTERLY LINE ALONG SAID LINE TANGENT ~188.09 FEET TO A POINT IN THE
SOUTHERLY SOUNDARY OF SANTA ANA CANYON ROAD AS DESCRIBED IN DEED TO
THE STATE OF CALIFORNIA BY DEED RECORDED JULY 2, 1948, IN BOOIC 1663,
PAGE 304 OF OFFICIAL RECORDS; THLNCE NORTH 73° 56' 30" EAST ALONG
SAID SOUTHERLY LINE OF SANTA ANA CANYON ROAD 300.00 FEET TO A POINT
IN SAID EASTERLY LINE OF PARCEL 1; THENCE SOUTH 0° 22' 08" EAST ALONG
SAID EASTERLY LINE 780.43 FEET TO THE TRUE POINT OF BEGINNING.
WIiEREAS, the City Planning Commission did hold a public hearinq at
the City Hall in the City of Anaheim on July 26, 1982, at ].:30 p.m., notice of
said public hearing having been duly given as required by law and in
accordance with the provisions of the P.naheim Municipal Code, Chapter 18.03,
to heas and consider evidence for and against said proposed conditional use
permit and to investigate and make findings and recommendations in connection
therewitti; said public hearing having been continue2 to the Planning
Commission meeting of Auyust 9, 1982; and
PC82-152
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47HEREAS, 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:
1. That the proposed use is properly one for which a conditional
use permit is authorized by Anaheim Municipal Code Section 18.21.050.270 to
wit: to permit a private school for pre-school children and grades K through 8
with a maximum enrollment of 370 students.
2. That the proposed use is hereby granted subject to the following
stiFulations made by the petitioner at the public hearing:
a. That the maximum number of kindergarten through eighth
(8th) grade students shall be two hundred seventy (270).
b. That the maximum number of pre-school children shall be one
hundred (100).
c. That the typical hours of operation shall be from 8:00 a.m.
to 3:15 p.m.
3. That the propose3 use is herPby granted subject to the
petitioner's stipulation to provide a sound study prepared by a Certified
Sound Engineer. Said study shall be completed anc? the building plans shall
comply with whatever recommendati.ons are made in said study to mitigate any
potential sound problems, especially those impacting the adjacent re~?dential
area.
4• That the proposed use is hereby granted subject to the
petitioner's stipulation to construct a six (6) foot high blocic wall en the
easterly property line, said height to be measured from the highest adjacent
grade level.
5• That the proposed use will not adversaly affect the adjoining
land uses and the growth and development of the area in which it is proposed
to be located.
6. That the size and shape of the site proposed for the use 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 of the Citizens of the City of Anaheim.
7• That the granting o£ the Conditional Use Permit under the
conditions imposed, if any, will not be detrimental to the peace, health,
safety and qeneral welfare of the Citizens of the City of Anaheim.
8• That the tra£fic generated by the proposed use will not impose
an undue burden upon the streets and hignways designed and improved to carry
the traffic in the area.
9• That three persons indicated their presence at the July 26, 1982
public hearing and two persons indicated their presence at the August 9, 1982
public hearing in opposition; and that two letters were receive3 in opposition
to the subject petition.
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ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to permit a private school (pre-school
.:'`i children and grades kindergarten through eighth) with a maximum enrollment of
370 students on a rectangularly-shaped parcel of land consisting of
approximately 4.2 acres located on the east side of Solomon Drive between
Santa Ana Canyon Road and Constantine Road, and further described as 5900 East
Santa Ana Canyon Road (Hephatha Lutheran Church); and does hereby approve the
Negative Leclaration from the requirement to prepare an individual or
cumulative adverse environmental impact due to the approval of this Negat.ive
Declaration since the Anaheim General Plan designates the subject property for
;; hillside low-density residential land use~ commensurates with the proposal;
,:; that no sensitive environmental impacts are involved in the proposal; that the
Initial Study submitted by the petitioner indicates no significant individual
'.' or cumulative adverse environmental impacts; and that the Negative Declaration
r' substantiating the foregoing findings is on file in the City of Anaheim
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Planning Department.
NOW, THEREFORE, HE IT RESOLVED that the Anaheim City Planning
Commission does hereby grant subject Petition for Conditional Use Permit, upon
the following conditions which are hereby f.ound to be a necessary prerequisite
to the oroposed use of the subject property in order to preserve the safety
and general welfare of the Citizens of the City of Anaheim:
7-• That reasonable landscaping, including irrigation facilities shall be
installed in the unpaved portion of the south side of the Santa Ana
Canyon Road right-of-way in accordance with the requirements of the
Superintendent of Parkway Maintenance. Following installation and
acceptance, the City of Anaheim shall assume the responsibility for
' maintenance of said landscaping.
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`i 2• That the Citp Council reserves the right to delete or amend the
~ assumption of landscape maintenance in the event Council policy
changes.
j 3. That the vehicular sccess rights, except at approved eccess points,
i to Santa Ana Canyon Road shall be dedicated to the City of Anaheim.
4• That street lighting facilities along Santa Ana Canyon Road shall be
installed as required by the Office of Utili.ties General Manager, and
in accordance with specifications on file in the Office of the Office
of Utilities General Manager and/or that a bond, certificate of
deposit, letter of credit or cash, in an amount and form satisfactory
to the City of Anaheim shall be posted with the City to guarantee the
installation of the above-mentioned requirements prior approva], of
'building permits. The above-required improvements shall be installed
prior to occupancy.
5• :°hat fire hydrants shall be installed and charged as required an2
determined to be necessary by the Chief of the Fire Department prior
to commencement of structural framing.
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6. That the owner(s) of subject Z~roperty shall pay the traffic signal
assessment fee (Ordinance No. 3896), in an amovnt as determined by
the City Council, for commercial buildings prior to the issuance
of a building oermit.
7. That the owner(s) of subject property shall ~:edicate and improve a
10-foot wide equestrian and hiking trail as shown on the
Equestrian and Hiking Trails Component~of the Anaheim General
Plan; and that improvement plans, in accordance with standard
plans and specifications on file in the Office of. the City
Engineer, shall be submitted in conjunction with the grading plan;
and/or that a bond in an amount and form satisfactory to the City
of Anaheim shall be posted with the City to guarantee the
installation of the above-menti~ned requirements prior to
occupancy.
8• That subject property shall be developed substantially in
accordance with plans and specifications on file with the City of
Anaheim marked Revision No. 1 of E;chibit No. 1.
5. That all air conditioning facilities shall be properly shielded
from view, and the sound buffered from adjacent property. There
shall be no roof-mounted equipment.
1Q. That any parking area lighting fixtures shall be down-lighting of
a maximum height of 12 feet. Said lighting shall be directed away
from the property lines to protect the residential integrity of
the area.
11. That a 6-foot high concrete masonry o~all shall be constructed
along the east property line prior to the issuance of building
permits for the school facilities. Said wall height shall be
measured from the highest adjacent grade.
12. That Conditions ido. 3, 4 and 7, above-mentioned, shall be complied
with prior to the commencement of the activity autnorized under
this resolution, or prior to the time that the building permit is
issued, or within a period of one year from date hereof, whichever
occurs first, or such further time as the Planning Commission may
grant.
13. That Condition Nos. 1, 8, 9, and 10, above-mentioned, shall be
complied with prior to final building and zoning insp4ctions.
14. That the use shall be limited to a maximum total of two hundred
seventy (270) kindergarten through eighth (8th) grade students;
and a maximum total of one hundred (100) pre-school children; and
the hours of operation shall be from 8:00 a.m. to 3:15 p.m.,
Monday through Friday.
15. That a sound study performed by a Certified Sound Engineer shall
be submitted prior to issuance of building permits and the
petitioner shall compiy with any recommendations made in said
study to mitigate any potentisl sound problems.
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HE IT FURT!iER RESOLVED that the Anaheim City Planning Comc~i.ssion
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 conditions, or any part thereof, be
declared invalid or unenforceable by the final judgment of any court of
competent jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 9th day
of August, 1982.
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CHAIAPfAN, ANAFIEIM CITY PLA~d'NG COMMISSTON
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ATTEST:
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SECRETARY, p,NAIiE2M CITY PLANNING COMMISSION
STATE OF CAI,IFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAFIEIM )
I, Edith L. Harris, Secretary of the Anahei.m 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 August 9,
1982, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOUAS, BUSFIORE, FRY, HERBST, KING, LA CLAIRE
MC BURNEY
NOES: COMMSSSIONERS: NONE
AHSENT: COMMTSSIONERS: NONE
IN S4ITNESS WHEREOF, I have hereunto set my I~and tnis 9th day of
August, 1982.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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PC82-152