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PC 82-68~+~ r. ;u ` '~ >:, . <r, ~~ RESOLU'f I Otl iJO. PC87_-6ii A R[SOLUTIOtI OF TIiE A'lAHE111 CITY PL~IJPIIfJG COt1NIS510!I TIIAT PET I T I Ov FOR COhlD I T 10~lAL USE PERF11 T:'J0. 2314 13E GP,A'r~TED WH[REAS, thc Anaheim City Planning Commission did recetve a verified Petition for Conditional Use Permit from ROVI PACIFIC REALTY CQRPORATION, I301 Century Par{; East, Suite 111, Los Angeles, Califnrnia, 900G7, otivner, and 11R. E MRS. 0. H. 13LA'1CHARD, 120 E1 Dorado Lane, Anaheim, California 92F~7, agent, of certain real property situated in the City of Anaheim, County of Orange, State of California, descrihed as: PARCEL A: THAT PORTIOP~ OF SECTIONS 7 AtlD 18, TOtdNStIIP 1~ SOUTH, RANGE t3 WEST IN THE RA~~CNO SA;lTIAGO D[ SAPlTA Ai~A, ItJ THE CITY OF ANFHEIM, COU.'~TY OF ORAI~GE, STATE OF CALIFORiJIE1, BEIilG ALSQ A PQRTIO*! QF TfIE LAtdD ALLOTTED TO PAULA PERALTA DE DQf11NGUEZ, AS DESCRIDED IW THE FItdAL U[CftEE OF PARTITIOt! OF SAID RA~JCltO, tJIIICII WAS EFITERED SEPTEI4l3ER 12, 13u3 Itl DOOI; "D" AT PAGE %~10 OF JUDr,!1ENTS OF THE UISTRICT COURT OF THE 17TH JUDICIAL DISTRICT IN ADID FOR LOS AiJGELES COU~dTY, Cl1LI~OR~IIA, DC•SCRIBE~J AS FOLLO'.lS: DEGItJNING AT TI1E t40ST WESTERLY CORNER OF TIfE LAtJD D~SCRI3ED IN TNE DEED TO HALLCRAFT HOMES, R[CORDED OCTOf3ER 31, 1372 ~h~ QOQK 101~03 PAG~ g09, OFfICIAL RECORDS; THEMCE ALO~JG THE WOR7HERLY LINES OF THE LANU OF IiALLCRAFT, P70RTFi 5II'~ 44' 00" EAST 157.;T~ FEET TO A TAiJGF~lT CURVE COPICAVE SOUTHEASTERLY A~~D HAVING A RA~IUS OF 1Q00.00 FEET; TfiEPJCE PJORTIIEASTERLY ALOtIG SAID CURVF, THROUGH A CENTRAL AIlGLE OF 17° 39~ 4U"~ AI•! ARC DISTA'JCE OF 3b3.:?5 FEET; THENCE TAI+IGEIdT NORTIi 7G~ 23' 4~" EAST 4g.04 PEET TO AN A~~GI.E POIhJT I~ THE LAIJD DESCRI[3ED IN THE D[ED TO 1J00~~ItJE CQRPORl1TION, RECORDED OCT03[R 27, 1972 II! BOOK 103~7 PAGE i363, OFFICIAL R~COP,DS, THENCE ALOWG THE LI idE OF TNE LAt~D OF 4100DE31 P1E NORTN 13° 3h' 20" WEST 208,00 FEET; TIIEIJCE SOUTH 7G° 73' 1t0" WEST 297.°0 FEET; TtIEMCE SOUTFI ~3~ 44' 00" 4lEST 277. 92 F~ET TO A'•1 APlGLF PO I t~T I N SA I D LAND OF 1J00DBI11E; TfiEhlCE C0~lTIF!UING SOUTIi 58° lF1~' 00" WEST 31.QO fFET TO A L 1 PJE IJH I CIi DEARS NORTII 31° 16' 00" 'dEST FR~!1 THE P01 NT OF D@GINtIIWG; THENCE SOUTN 31° 16' 00" EAST 295.17 FF.ET TO T!iF P01~lT OF 4EGINNING. WHEREAS, the City Planning Commission did hold a public hearing at the City Nall in the City of Anaheim on April >, 1^S2, at 1:3~ p.n,, notice of said pubiic hearing having been duly given as required hy laa~ and in accordance with the provisions of the Anaheim t4unicipal Code~ Chapter 13.03, to hear and c~nsidcr evidence for and against said proposed conditional use permit and to investigate and make findings an~ recommendations in connection therewith; said puhlic hearing having been continu~d Co tlie Planning Commission meeting of April 1'3, 19d2. WHER[AS, said Commission, after due inspection, invr.sti9ation an~ study made by itself and in its behalf, an~i after due consideration of all evicience and reports offered at said I~earing, dc~es find and determine the following facts: PC82-69 -,~:tl? .'-~, ~ 1. Tliat the proposr.d use is properly one for o-~fiich a conditional use permit is authorizn_d by Anaheim ~lunicipal Code Section 1B,4Z0~0,040 to wit: to permit a private day care and elementary ..ducationil facility (ages 2 1/2 years through third grade) for a maximum enrollment of 2G0 children with toaiver of: SECTION 13.06.OG0.02ci7 - Minimum number of arkin s aces 1; spaces required; 137 spaces proposed) 2. That the proposed use is hereby granted subject to the following stipulations made ~y the petitioner at the public hearing: IJh~n enroliment reaches 1~+0 cfiildren, the petitioner shall provide th~ City of Anaheim with a sound study prepared by a qualified sound engineer. Said sound study sh~ll shoti•~ the mitigation measures whicli will be necessary to eliminaie any potential adverse impact the increased activity may have on nearby residences. Said recommended means shall be provided by the petitioner prior to any increase over 140 children. 3. That the requested parking waiver is hereby granted on the basis that tlie proposed use will generate less parking than would be necessary if the same floor area o-~ere used for commercial uses. 4. Tfiat the proposed use, as granted, will not adversely affect the adjoining land uses and the growth and development of the area in tivhich it is proposed to be located. S. That the size and sliape of ttie site proposed for the use, as granted, is adequate to allo~v the full development of thc 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. ~. 'hat the granting of the Conditional Use Permit under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of ttte C i t 1 zens of Ciie t i Cy of Anahe i m, 7. Tfiat the traffic generated by the proposed use ~vill not impose an undue burden upon the streets and highways designed and improved to carry the traffic in tlie area. B. That ta~o persons indicated their presence at said public hearing in opposition; and ttiat no correspondence was received in opposition, and approximately 20 peopie indicated their presence in favor to the subject petition. EMVIROIdMEFlTAL IMPACT FINDI~JG: That the Anaheim City Planning Commission has reviewed the proposal to p~rmit a private day care and elementary educational facility (ages 2-1/2 years through third grade) with a maximum enroliment of 260 children with waiver of the minimum number of paricing spacas on a rectanyularly- shaped parcel uf land consisting of approximately 3.~~ acres located at the northeast corner of Serrano Avenue and Nohl Ranch Road (6~11 and G~13 Serrana Avenue); and does hereby approve tl~e yegative Declaration from the requirement to prepare an environm•~ntal impact report on the basis tl~at there would be no significant individual or cumulative adverse environmental impact du~ to the approval of this Negative Declaration since the Anaheim General Plan designatr.s the subject property for gener~) commercial land uses commensurate ~vith the pr~rosal; that no sensitive environmenta} 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 PJegative Declaration substantiating the foregaing findinc~s is on file in the City of Anaheim Pianning Department. -2- PC82-G8 ~, , IJOW, TH[REFORE, fiE IT R!cSOLVED that the Anaheim City Plannin9 Commission does hereby grant subject Petition for Condition~l Use Permit, upon the following conditions ~•~hich are herr_by found to he a necessary prrrequisite to the proposed use of the subject property in order to preserve the safety and general H~elfare of the Citizens of the City of Anaheim: 1. That trash storage areas sha11 be provided in accordanr_e ~:~ith aGproved plans on file ~aith the Office of the Executive Direr.tor of Puhlic Worl<s. 2. That subject property shal) be devr_loped substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Plos. 1 and 2. 3. Tfiat Condition Nos. 1 and 2, above-mentioned, shall he complied with prior to final buildiny and zoning inspections. 4. That wlien the enrollment reaches 140 cliildren, thr~ petitioner shall submit to the Pianning Commission a sound study prepared by a qualified sound engineer. Said study shall evaluate the noise generated by the use, as expanded, and shall show the mitigation measures which will be undertaken by the petitioner to eliminate any potential adverse impact the increased activity may F~ave on nearby residents. 6E IT FURTtIER RESOLVED that tfie Analieim City Planning Commission does hereby find and deternine that adoption of tfiis Resolution is expressly predicated upon applicant's compliance with each and all of the condttions hereinabove set forth. Should any sucl~ condition, 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 RESOLUTIOiJ is signed and approved by me this 19th day of April, 1982. 9~..~-~. ~z.~,~.~..~~-- CIIA I RMAN, AIdAHE I t1 C I TY PLAN~! I t!G COMM I SS I ON ATTEST: /n dG-C.//,~. ~ %~/~~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORtIIA ) COUI•!7Y Of ORANGE ) ss. C I TY 0 F AtdANE I t1 ) I~ Edjth L. Harris~ Secretary of the Anaheim City Planning Commtssion, do hereby certiFy that the foregoing resolution was passed and adopted at a meeting of the Anahein City Planning Commission held on April 19~ 19~32~ by the following vote of the members thereof: AYES: COPIMISSIOI~ERS: t30UAS~ DUSH~RE, FRY, HERl3ST, KING, MC DURNEY NOES: C011MISSIOtlERS: PlONE ABSENT: C011MIS510~JERS: QARPlES I~I WIThJESS WIIEREOF, I have hereunto set my han~i this 19th day of April~ 19S2. ~"~ ~° ~~, _ SECRETARY, A~IAH[ I F1 C i TY PLAtdN I P,G COFiF11 SS I ON -3- PG32-G3 _,___.,,.,.__~.._ . ,.,,:. _, _ , ,.~