PC 83-184RESOLUTION N0. PC83-184
A RESOLUTION OF THF ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2495 BE GRANTED
WHEREAS, the Anaheim r.ity Planning Commission did receive a verified
Petition Eor Conditional Use Permit from RICHARD R. TOZER & CAROLINE C. TOZER,
1476 Taft Avenue, Anaheim, California 92806, and J. S. FLUOR III & GLORIA
FLUOR, C/O CECIL WRI(~1T, 60 Plaza Square, Orange, California 92666, and J. RAY
& CHASE SANDERSON, 188 East 17th Street, Costa Mesa, California 92626, agent
of certain real property situated in the City of Anaheim, County of Orange,
State of California, described as:
PARCEL A:
PARCEL 2~ IN TFIE COUNTY OF ORANGE~ STATE OF CALIFORNIA, AS
PER MAP RECORDED IN BOOK 107, PAGES 1 AND 2 OF PARCEL MAPS,
IN TFiE OEFICE OF THE COUNTY RECORDER OF SAID COUNTY;
TOGETHER WITH THAT PORTION nF PARCEL 1 AS SHOWN ON SAID
PARCEL MAPS~ DESCRIBED AS FOLLOWS:
BEGINNZNG AT THE INTERSECTION OF THE WESTERLY LINE OF SAID
PARCEL 1 WITH THE NORTH LINE OF THE EDISON COMPANY EASEMENT
PER BOOK 60, PAGES 46 TO 51 INCLUSIVE, OF RECORDS OF SURVEYS
OF SAID COUNTY, AS SAID INTERSECTION IS SHOWN ON SAID PARCEL
MAP; THENCE ALONG SAID WESTERLY LINE SOUTH 16° 20' 24" WEST,
51.12 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 1; THENCE
ALONG SAID SOUTHERLY LINE SOU74i 89° 29' 49" EAST~ 189.06
FEET TO AN ANGLE POINT IN SAID SOUTHERLY LINE; 2H ENCE
CONTINUING ALONG SAID SOUTH^cRLY LINE NORTH 15° 30' 20' EAST,
69.02 FEET TO A POINT ON A CURVE IN SAID NORTH LINE OF THE
EDISON CO!".PANY EASEMENT; SAZD CURVE BESt2G COt1CAVE SOUTFIEYL't
AND HAVING A RADIUS OF 4369.05 FEET~ A RADIAL LINE OF SAID
CURVE TO SAID POINT BEARS NORTH 3° 30' 23" WEST; THENCE
WESTERLY ALONG SAID CURVE AND NORTEi LINE THROUC~I A CENTRAL
ANGLE OF 2° 30' 08' AN ARC DISTANCE OF 190.81 FEET TO THE
POINT OF BEGINNING~ AS DESCRIBED BY A LOT LINE ADJUSTMENT
$LL77-31, RECORDED JANUARY 5, 1978, IN BOOK 12518 PAGE 1672,
OFFICIAL RECORDS.
PARCEL B:
AN EASEMENT FOR INGRESS AND EQtESS OVER A PORTION OF LOT W
OF VAN DE GRAAE[~ TRACT~ IN 7HE COUNTY OF ORANGE, STATE OF
CALIFORNIA~ AS PER MAP RECORDED IN BOOK 4~ PAGE 440 OF
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALICORNIA, AND
BEING ALSO A PORTION OF' TtIAT CERTAIN 51.0295 ACRE PARCEL OF
LAND AS SHOWN ON A MAP RECORDED IN BOOK 7~ PAGE 7 OF RECORD
OE SURVEY'S~ RECORDS OF ORANGE COUNTY~ CALIFORNIA, BEING A
STRIP OF LAND 28.60 FEET WIDE~ THE CENTERLINE OF WFIICFi IS
DESCRIBED AS FOLLOFiS:
#OOSSr PC83-184
BEGINNING AT A POINT ON THE NORTHERLY BOUNDARY UF PARCEL 1
AS SHOWN ON MAP RECORDED IN EOOK 98~ PAGE S, OF PARCEL MAPS~
RECORDS OF SAID ORANGE COUNTY, DISTANT THEREON SOUTH 87° 44'
20" WEST, 30.00 FEET cROM THF. NORTHEAST CORNER THEREOF.
THENCE NORTH 16° O5' 00" EAST~ 653.64 FEET TO THE SOUTH LINE
OF TAFT AVENUE, 60.00 FEET WIDE.
THE SIDE LINES Or SAID STRIP SHALL BE PROLONGED OR SiiORTENED
SO AS TO TE~MINATG IN THE SAID NORTF3ERLY BOUNDARY OF PARCEL
1, AND IN THE ^AID SOUTFiERLY LINE OF TAFT AVENUE.
PARCEL 1, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON A PARCEL MAP [~'ILED IN BOOK 107. PAGES 1 AND 2 OF
PARCEL MAPS~ IN T'dE UFFICE OF SAID COUNTY RECORDER.
EXCEPT FRUM SAID PARCEL 1 THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF SAID
PARCEL 1 WITH THE NORTH LINE OF THE EDISON COMPANY EASEMENT
PER BOOK 60~ PAGES 46 TO 51 INCLUSIVE~ OF RECORDS OF SURVSYS
OF SAID COUNTY, AS SAID INTERSECTION IS SHOWN ON SAID PARCEL
MAP; THENCE niONG SAID WESTERLY LINE SOUTH 16° 20' 24" WEST~
51.1"l FEET 10 TH~; SUUTHERLY LINE OF SAID PARCEL 1; THENCE
ALONG SAID SOUTdERLY LINE SOUTH $9° 29' 49' EAST, 186.06
FEET TO AN ANGLE POINT IN SAiD SOUTHERLY LINE; THEyCE
CONTINUING ALONG SAID SOUTHERLY LINE NORTH 15° 30' 20' EAST~
69.02 FEET TO A POINT ON A CURVE I[d SAID NORTH LINE OF TEIE
CDISON COMPANY EASEMENT; SAID CURVE BEING CONCAVE SOUTHERLY
AND HAVING A RADI~~S OF 4369.05 FEEi~ A RADIAL LINE OE SAID
CURVE TO SAID POINT BEARS NORTH 3° 30' 23' WEST; TEiENCE
WESTERLX ALONG SAID CURVE AND NORZH LINE THROUQi A CENTRAL
ANGLE OF 2° 30' 08• AN FP.C DISTP.27C£ OP 190.E2 FBET i0 i'dE
POINT OF BEGINNING, AS DESCRIBED BY A LOT LINE ADJUSTMENT
$LL-77-31 RECORDED JANUARY 5~ ].978 IN gOOK 12518 PAGE 1672,
OFFICIAL RECORDS.
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on Octot~r 3, 1983, at 1:30 p.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, Cnapter 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
WHEREAS, said Commission, after due inspection, investigation and
study made by itself and in its behalf, and after due c~nsideration of all
evidence aind ce~~orts offered at said hearing, does Eind 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 Sections 18.61.050.350 &
18.06.080 to wit: to permit a private trade school with ~aiver of:
SBCTIONS 18.06.050.0261 - Minimum number of parkina spaces
AND 18.61.066.050 (2,271 spaces required; 450 spaces proposed)
'2' PC83-184
r~ ,,~+,.
2. Th~t the proposed use is hereby granted.
3. That the requested waiver is hereby granted on the basis that
the patking variance will not cause an i~ccease in traffic congestion in the
immediate vicinity nor advecsely affect any adjoining land uses; and that the
9ranting of the parkinq variance under the conditions imposed, if any, will
not be detrimental to the peace, health, safety or general welfare of the
citizens of the City of Anaheim; and further on the basis that the petitioner
has stipulated at the public hearing to enter into an aqreement to providc
additional parking spaces should a parking shortage be determined by the C~ty
Traffic Engineec fr. an amount as determined to be necessary by the C:ty
Traffic Engineer; ana that the owner of subject property shall construct ~
traffic signai system at Ball Road and Taft Avenue including construction of a
median island on Ball Road per specifications of the City Traffic Engineer.
4• That the pcoposed u~e will not adversely affect the adjoining
land uses and the growth and development of the area in which it is proposed
to be located.
5. That the size and shape of the slte proposed for the use is
adequate to allow the full development of the proposed use in a manner not
detrimental to the particular area noc ~u the peace, health, safety and
general welfare of the Citizens of the City of Anaheim.
6. That the granting of the Conditional Use Permit under the
conditions imposed, if any, will not be det~imental to the peace, health,
safety and general welfare of the Citizens of the City of Anaheim.
7. That the traffic generated by tha proposed use will not impose
an undue burden upon the streets and highways designed and improved to carry
the traffic in the ar~a.
8. That no one indicated their presence at said piSlic hearing in
oppositlon; ~nd tliyt no correspondence was received in opposition to the
subject petition.
ENVIRONMENTAL IMPACT FINDING: !Chat the Anaheim City Plannir.g
Commission has reviewed the proposal to permit a private trade school with
waiver of minimum number of parking spaces on a irregulatly-shaped parcel of
land consisting of approximately 4.8 acres, bounded on the west by the Orange
Freeway and being located approximately 360 feet south of the centerline of
Taft Avenue; and does hereby approve the Negative Beclaration upon finding
that it has considered the Negative Declaration together with any comments
received during the public review process and further finding on the basis of
the initial study and any comments received that there is no substantial
evidence that the pro7ect will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does heceby 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 parcel map number 83-251 shall be approved by the City of
Anahe?m and then recorded in the Office of the Orange County
Recorder.
-3 PC83-184
Z• That prior to issuance of a building permit, appropriate water
assessment £ees shall be paid to the City of Anaheim, in an amount
as determined by tt~e Office of the Utilities General Managec.
3. That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
4. That subject property sha11 be served by underground utilities.
5. That prior to commencement of structural framing, fice hydrants
shall be installed and chatged as required and determined to be
necessary by the Chief of the Fire Department.
6. That trash :~tarage areas shall be pcovided in accordance with
approved plc..~s on file with the Street Maintenance and Sanitation
Division.
7. That this Conditional Use Permit is granted subject to the
completion of Reclassification No. 82-83-25 and 74-75-21, now
pending.
8. That the owner(s) of subject shall install a traffic signal at the
intersection of Ball Road and Taft Avenue (Fro~tage Road) as
required by the City Traffic Engineer. Security in the form of a
bond, cettificate of deposit, letter of credit, or cash, in an
amount and focro satisfactory to the City of Anaheim, shall he pc~~ed
with the City to guarantee the sat_afactory completion of said
improvements. Said security shall be posted with the City pcior to
issuance of building pecmits.
9. That the developer shall enter into and record an agreement with the
City regarding the instal].ation of a traffic signal at the
inters•action of Ball Huad and Frontage koad. Said agr<ement will be
for the reimburseiaent of the cost of such signal in e.ccess of the
subject property owner's share of the traffic signal assessment fee
for the actual construction which takes place on the property. Said
agreement to be in an amount an6 form, and accompanied by a faithful
performance bond, as approved by the City Engineer and City Attorney.
10. That the owner(s) of subject pro~,erty shall construct a median
island on Ball Road at Taft Avenue (Frontage Road) and/or otherwise
provide a traffic control system as required by the City Traffic
Engineer.
11. That prior to the issuance of building permits, the owner of the
property shall enter into and record a covenant to provide
additicnal parking spaces should a parking shortage be identified by
the City Traffic Engincer, said additional parking to be in an
amount as deterreined to be necessary by the ^_ity Traffic Engineer.
The form o: said covenant shall be approved by the City Traffic
Enqineer and City Attorney ptior to recordation.
12. That subject property shall be developed substantially in accordance
with plans and specifications on file with the C3ty of Anaheim
marked Exhibit Nos. 1 through 3.
-4- PC83-184
13. Tnat prior to the commencement of the activity auzhorized under this
resolutio~i, or prior to the time that a bu3lding permit is issued,
or within a period of one yeac fcom the date oE this resolution,
which~ver occurs first, Condition Nos. 1, 2, 8, 9 an~ 11,
above-mentioned, shall be complied with. E:tensions for further
time to complete said conditions may be granted in accordance with
Section 18.03.090 of the Anaheim Municipal Code.
14. That prior to final building and zoning inspections, Condition Nos.
3, 4, 6, 10 and 12, above-mentioned, shall be complied with.
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 conditions, oc any part thereof, be
declared invalid or unenfocceable by the final judgment of any court of
competent jurisdi.ction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 3rd day
of October. 1983.
f~ /~J T~e~-
CEiAIRMANi AN EIM CITY PLANNING COMMISSIQN
ATTEST:
,•.CC c~. ,~ ~~
SECRETARY~ ANAFIEIM CITY PLANNING COMMISSION
STATE OF CAL.LFOR:iIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning
Commission, do hereby certify that the foregoing cesolution was passed and
adopted at a meetiig of the Anaheim City Planning Commission held on October
3, 1983, by the following vute of the members thereof:
AYES: COMMISSIONERS: BOUAS, BUSHORE, PRY, HERBST, KING
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: LA CLAIRE, MC BURNEY
IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of
October, 1983.
~~. z' ~
SECRETARY, ANAHEIM CITY PLANNING (.uMMISSION
-5- PC83-184