PC 85-208RESOLUTION N0. PC85-208
A RLSOLU7'ION OF aiiE ANAHEIM CITY PLANNING COMMISSION
TFIAT PE;TITION FUR CONDI:IONAL USE PERMIT N0. 2719 BE GRANTED~ IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition Por Conditienal Use Permit trom CARJ, KARCHER ENTERPRISES, 1200 Notth
Harbor Boulevard, Anaheim, California 928U1, ATTN: BRIAN C, BERhHAUSEN, owner,
AND DONOVAN J. FLORIANI, 2100 Via Burton Street, Anaheim, California 92806,
agent for certain ~eal property situated in the City oE Anaheim, County of
Urange, State of California, described as:
THE NORTH 100 FEET OF TEiE SOUT[! 552 FEET OF ~HAT PORTION OF LOT
6. MILES RANCHO~ CITY OF ANAFiEIM, AS SHOWN ON A MAP THEREOF
RECORDED IN BOOK 4~ PAGE 7, OF MISCELLANEOUS MAPS~ RECORDS OF
ORAtIGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
HEGINNING Am THE INTERuECTION OF THE WEST LINE OF SPADRA ROP.D~
AS ROAD EXISTED ON APRIL 29~ 1929~ WITH THE CENTER LINE OF
ROFiNEYA DRIVB; RUNNING THENCE NORTHERLY, ALONG SAID 47EST LINE OF
SPADRA ROAD 712 FEET; THENCE WESTERLY, PARALLEL WZTH THE NqRTH
LINE OF SAID LOT, 150 F'EET; THENCE SUOTHERLY~ PAkALLEL WiTH SAID
F7EST LINE OF SPADRA RUAD, 712 PEET~ MUkE OR LESS, TO SAID CENTER
LINE OF ROMNEYA DRIVB~ THENCE EASiERLY, ALONG SAID CENTER LINE
UF ROp1NEYA DRIVE, 150 FEET TO THE POINT OF BEGINP7ING.
wHEREAS, the city Planning c;ommission did hold a public hearing at
the Civic Centec in the City of Anaheim on September 16, 1985, at 1:30 p,m,,
^otice of said public hearing having been duly given as cequired by law and in
accordance with the provisions of the Anaheim hfunicipal Code, Chapter 18.03,
to hear and consider evidence for and against said proposed conditional use
permit and to investigate and make findings and recommendatior.s in connection
therewith; and
WHEREAS, said Cornmission, after due inspection, investigation and
sL-udy made by itself and in irG hAr~if~ ~;~ atter due consideration of all
evidence and reports offered at said hearing, does find and determine the
following facts:
1. That the propo~ed use is properly one for which a conditional use
per;:_ :s ~uth~~ `?ed by Anaheim Municipal Code Section 18.45.050.120 to wit:
to ~ermit c, ,,vate pre-schoo; and day care center for a maximum of 56
stuclents witt iver of the following:
SEr.TIONS 18.04.080.005 - Requxred dedication and improvements
18.04.080.010, (15-foot wide dedication with osted
18.04.080.020 securitv for u.ltimate improvements
AND 18.A5.100 cequired; 15-foot wide dedication with no
posted securitv far ultimate improvements
proposed)
Z• That the proposed use is granted for a period of six (b) years
and, as such, will not adversely affect the ae3joining land uses and kh;~ growth
and development of the area in which it is proposed to be located.
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PC85-208
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3. That the requested waiver is hereby granted, in part, denying ttie
request Yor waiver of required dedicat.ion on the basis that the future
widening of Hacbor Boulevard to .its ultimate width is necessary Eor the peace,
health, safety and genecal welface of the citizens of the City of Anaheim; and
gcanting the waiver of a cash payment for the cost of relocaking existing
street imp~ovements to thei: ultimate location on the basis that the use
permit is granted Eor a period of six (6) years only and actual street
widening is not expected to occur during said time period.
4. That the size and shape of the site proposed for the use, as
granted, is adequate to allow the full development of the proposed use in a
manner not cletrimental to the particular acea nor to the peace, health, safety
and general welfare of the Citizens of the City of Anaheim.
5. That the grantin9 of the Conditional Use Permi*_ undec the
conditions imposed, i.f any, will not be detrimental to the peace, health,
sa£ety and general welfare uf khe Citizens of the City of Anaheim.
6. That the traffic generated by the proposed use will not impose an
undue bu~den upon the streets and highways designed and improved to carry the
traffic in the area.
7. That no one in~icated their pre^ence at said public hearing in
opposition; and that no coerespondence was received in opposition to the
subject petition.
ENVIkONMENTAL IMPACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to permit a private pre-school and day
care cente~ fo~ a maximum of 56 students with waiver of required street
dedication and street improvements on a rectangularly-shaped parcel of land
consisting of approximately 0.27 acre, having a fcontage of approximately 100
feet on the west side of Harbor Boulevard; and does hereby approve the
[Jegative Declaration upon firding Lhat it has considered the Negative
Declaration together with any comments received during the public review
process and fur.ther finding on the basis of the initial study and any comments
received that there is no substantial evidence that the project will have a
siqnificant ~ffect on the envi[onment.
NOW, THL•'REFORE, BE IT RESOLVED that the Anaheim Cit~ Planning
Commission does hereby grant subject Petition for Cunditional Use Pecmit, upon
the following conditions which are heteby found to be a necessary prerequisite
to the proposed use of the subject property in order to precequisite 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 owner of subject property shall irrevocably offer to
dedicate to the City of Anaheim a strip of land 60 feet in width from
the centerline of the street along Harbor Houlevard for street
widening purposes.
2. That the vehicular access rights to Harbor Boulevard except at
approved access points, shall be dedicated to the City of Anaheim.
3. That the owner of subject property shall pay to the City of Anaheim a
fee £or tree planti.rtg purposes alo~~g Harbor Boulevard in an amount as
detecmined by the City Council.
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4. T~at peior to issuance of a building permit, the appropriate traffic
signal assessment fee shall be paid to ~~~e City of Anaheim in an
amount as detecmined by the City Council fnr new commercial buildings.
5. That drainage of subject property st~all be disposed of in a manr.ec
satisfactory to the City Engineer.
6. That tra•sh storagP areas shall be provided and maintained in
accordance with approved plans ~n file with the Street Ptaintenance
and Sanitation Division.
7. That prior ro issusnce of a building permit, pcimary water main fees
shall be paid to the City of Anaheim, in an amount as determined by
the Office of the Utilities General Manager.
8. Tnat street lighting facilities along Harbor IIoulevard shall be
installed as required by the Gtilities General Manager in accordance
with specifications on file in th4 Office of Utilities General
Manager, and that security in the form of 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 satisfactory completion of the above-mentioned
improvements. Said security shall be posted with the City of Anaheim
pzior to issuance of building permits. The above-required
improvements shall be installed prior to occupancy.
9. That tne existing freestanding sign shall be cemoved and all
replacement signage shall comply with signing requirements of the CG
Zone.
l0. That the owner of subject property shall submit a lettec requesting
termination of variance No. 105 and 3257 to the Planning Depaitment.
11. That the maximum student enrollment shall be So.
12. That a six l6)-foot hiqh masonry block wall shall ne constructed and
pecmanertly maintained along the westeely pruperty lines and adjacent
to the parking area and the public alley.
13. That ~ubject property shall be develeped substantially in accordance
wi.th plans and specifications on file with tl,e City of Anaheim marked
Exhibit ~o. 1.
14. That due to the chan in use and/or occupancy of the building, plans
shal: .be submitted cu the Building Division showing compliance with
the minimum standards of the City of Anaheim, including the Uniform
Building, Plumbing, Elect:ical, Merhanical and Fire Codes as adopted
by the City of Anaheim. The appropriate permits shall be obtained
for any necessary work.
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15. That prior to the commencement of the acr,ivity authorized under this
resolution, or prior to issuance of a building permit, or within a
period of one year from the date of tnis resolution, whichever occucs
first, Condition Nos. 1, 2, 3, 4, 7, 8, 10 and 14, above-mentioned,
shall be complied with. Extensions fo~ fu~ther time to complete said
conditions may be granted in accnrdance with Section 18.03.090 of the
Anaheim t9unicipol Code.
16. That pcior L•o final buildin~ and zonin9 inspections, Condition Nos.
5, 5, 9, 12 and 13, above-mentio7ed, shall be compZiad with.
17. That ~~bject conditional use permit shall terminate six (6) years
from the date of ttiis resolution.
BE IT FUP.iHEk RESOLVED that the Anaheim City Planniny Comnission does
hereby find and determine that adoption of this Resolution is expcessly
pcedicated upon applicant's compliance with each ano all of the conditions
hereinabove set forth. Should any such condition, or any part thereof, be
declared invalid or unenforceable by the final judgment of any court of
competent jurisdiction, then t5is Resolution, and any approvals herein
contained, shall be deemed null and void.
TH~ FOREGOItJG RESOLUTION is signed and approved by me this 16th day
of Septembec 16, 1985. ~
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~~/~L.'Lt_ ~1._~ i, i <Z ~~~cLC_:_~__,1
CHAIRWOMAN~ ANAHEIM CITY Pf.ANtlING COPIMISSION
ATTE:ST:
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SECRETAR ~ AtJAH~IFf CITY PLANtJING COPIhIISSION
STATE OF CALIFORNIA )
COUNTY OE ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Plar.ning
Commission, do hereby certify that the foregoing ~esolution was passed an3
adopted at a meeting of the Anaheim City Plannin9 ~ommission held on September
16, 1985, by the following vote of the membecs theceof:
AYES: CO[9MISSIONERS: BUUAS~ FRY, Hk~RBST~ LA CLI~IRE, LAWICKI
NOES: CObIF1I5SI0NERS: NONE
ABSENT: COMMISSIONERS: P1C SURNEY~ MESSE
IN WITNESS WHEREOF, I have hereunto set ny hand this 16th day of
September, 1985.
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SECRE"_'AFY, ANAHEZM CILY PLANIiING COMMISSION
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