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Resolution-PC 92-92,,... RESQLUTION NO PC92-9? A RESOLUTION GF THE ANAHEIM CI7Y PLANNING COMMISSION THAT PE7!TION FOR CONDITIONAL U5F PERMIT NQ. 3526 BE C'.,RANTED WHEREAS, the Anahelm City Planninp Commisslon dfd recaive a verified Petition fcr Conditional Use Permit for certaln real property oituatod in the City of Anahelm, County af Orange, State of Calf(ornla, desorlbed as: PARCEL 1: THAT PORTI09V OF THE LANDS ALLOTTED T'O JUAN YORBA ANd PAULA FERALTA DE CP.RLOS ~OMINGUEZ IN THE DECR~E OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, RECQRDED IN BOOK "B" OF T'HE JUDGMENTS OF THE 17TH JU~ICIAL OISTRICT COURT OF CALIFORNIA IN THE CITY OF ANAH~IM, COUNTY OF ORANQE, STATE OF CALIFORNIA DESCRIBED AS FnLLOVJS: BEGINNING AT THE SOUTHEASTERI.Y CORNER OP THE PARCEL OF IAND DESCRIBEO IN PAFlCEL 1 OF THE DEED TQ KARL BAUER AND WIFE, RECOiiDE~ MARCH 18, 1~5fl IN BOOK 4831, PAGE 165, OFFICIAL RECORDS, IN THE OFFICE OF 7Hc GOUNTY RECORDED OF SAIO OR/1NCiE COUNTY AND RUNNING THEhCE NORTH 78° ?.6' 40' W~ST ALONG THE SOU'HERLY LINE OF SAID LANp AND ITS WESTERLY PROLONGATION 459.86 FEE7 TQ TFIE WESTERLY LINE OF THAT CERTAIN 12.U0 ACRE PARCEL OF LAND 8HUWN ON A MAP QF SURVEY RECORDED IN 600K 26, PAGE 20, REC:OFiD OF 5URVEYS, IN THE OFFICE QF THE COU~iTY RECQRDER OF SAID ORANG~ COUNTY T'rI~NCE ALONG THE WESTERLY LINE OF SAID 12.00 ACRE PARCEL, SOUTH 11 ~ 33' 20" WEST 329.13 FEET TQ A POINT QN THE SOUTHERLY BOUNDARY LINE OF THE 26.0?6 ACRE PARCEL OF LAND SHOWN ON A MAP OF SURVEY, RECORDED IN BOOK 14, PAGE 18, RE~ORU OF SURVEYS, IN THE OFFICE OF THE COUNTY RECOADER OF SAID ORANCiE COUNTY THcNCE SOUTH 3S° 32' 1Q' EAST ALONG SAID BQUNpARY LINE 289.02 FEET TQ AN ANGLE POINT THEP.EIN; THENCE NORTH 45° 32' 00" EAST 383.78 FEET T~ AN ANGLE pOINT IN SAID BOUNDARY SAID POlNT ALSQ l3EING IN THE SOUTHWESTERLY B~UNDARY OF YH~ U1ND DESCRIBEp IN THE DEED TO GARDNER A. SWENSAN AND WIFE, R~COADED SEP7~MBER 17, 1957 IN BOOK 4039, PAGE 55, OFFICIAL RECORDS IN THE OFFICE OF THE COUtJTY RECORDER OF S/lID nRANGE GOUNTY, THENCE NORTH 30° 12' 00' WEST ALONG SAID SOUTHWESTERt.Y BOUNOARY 55.00 FEET TO THE MOS7 WESTERLY CORNER OF SAIU LAND THENCE NORTH 35° 13' 55" EAST ALONG TNE NQR7HWESTERLY 80UNDARY OF BAID LAND 187.9A FEET TO THE POINT OF BEGINNINt3. PARCEL 2: '~HAT PONTION UF THE LANDS ALLOTTED TO JUAN YORDA AND PAULA PERALTA D[ CARLOS Q~MiNGUE2 IN THE D~(:REE OF PAR71TlON OF THE RANCHO SANTIAGO DE SANTA ANA, RECORDEn IN BOOK 'B' OF JUDGMEPiTS OF TH~ 1 i TH JUDICIAi.. UISTRICT COU~iT OF CAUFORNIA DESCRIBED AS FOLLOWS: ~R 1567MS.wp -1- PCf~2-92 ~ BEGINNING AT AN ANGLE POINT IN 1'HE 9CU7HERLY BOUMpARY LINE OF THE 26.076 ACF1E PARCEL OF I.ANC~ SHOWN ON A MAP OF SURVEY, RECORDED IN BOOK 14, PAGE 18, R~CORp OF SURVEYS, IN THE QFFICE OF TH~ COUNTY REGORqER OF SAID ORANGE COUNTY SAID POINT BEING AT THE NOR7HERLY '1'ERMINUS OF A CERTAIN COURSE DELINEATED AS 50UTH 35° 32' 1)" EAST 485.10 ~EE7 ON SAID MAP SAID POINT A~_S~) fiEING AN ANGLE P~INT ON THE BOfJNDARY LINE OF THE LAND DESCRIBED IN THE DEED f1ECORDED OCTOBER 1 t, 1a~4 IN BOOK 1253, PAGE 313, OFFICIAL RECOFiDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID CUUNT(; TWENC~ SOUTH 24° 07' 00" EA~T ALONG SAID BOUNDARY LINE LAST MENTIONED, 611.12 FEET TO ITS INTERSECTION WITHTH~ SOUTHWESTERLY EXTENSION OF7HAT CERTAIN CQURSE IN 7HE SOiJTHERLY BOUNDARY OF THE 26.0'78 ACRE PARCEL OF I.AND AQOVE REFERRED TO WWICM IS DELINEATED AS NURTH b5° 32' 00" EAST 383.76 F~ET, THENCE NORTH 45° 32' 00" EAST 102.44 FEET TO TH~ 50UTHWES7ER! Y TERMINUS OF SAID COURSE; THcNCE NORTH 35° 32' 10" WEST 485.10 ~~ET 70 7HF. POINT OF BEGINNING. I'ARCEL 3: LOT 11 OF TRACT N0. 7733, IN 7FI[ CITY OF ANAHEIM, COUNTY OF ORANGE STATE OF CALIFORNIA, AS PER MAP RECORpED IN saOK 374, PAC~ES 12 THROUGH 15 INCLUSIVE, MISCELLANEOUS MAPS, IN TME OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Plenning Commission did hold a publlc hearing at the Clvic Center fn tho City of Anat~ofm on July 13, 1992, at 1:30 p.m., notice of sefd public hearing having been duly given as required by law and in accordance with the provislons of the Anahefm Municipal Code, Chaater 18.03, to hear and consider evidonce tor and agalnst sald prapased conditlonal use permit and to investigate end m~tke tindfngs and recommandacions in connectlon therewith; and that seld public ho~ring was contlnued to the July 27, 1992 Planning Commi~slon maetin~; t~nd WHEREAS, snid Commisslon, aftor due tnspection, Inve~tigation and study ma~1e by itself and Iri Its behalt, and aker due consideratlan of ~II evldence and raports oHered at sald h9aring, dnes find and determine the following facts: 1. That the proposed use is proaerly one for which a conditional use permit Is author(zed by Anahelm Municipal Code Secilon18,03.030.010 to permlt two (2) temporary school traflers In conJunctlun with an exlating children's shelter; ~. That the proposed trallers, as Qranted ior a pertod of one (1) year, will not signi(icantly impt-ct the ad~acent neighborhood because the trail~rs are setback ove~ 100 (~et from the nearest singlo-family residence, and exl::!ing buildings end landscapfn~ wlll screon the trallers frorn view; 3. That the pro~osed use Is prope~ly one (or which a conditional use permit is autharizeci by thd Zuning Code, or that said uae is nat Ifsted thorein as beinp a permitted u3e; 4. That the proposed use, as granted, w(II not adversely aHect the adJoininp land uses and the growth flnd development of the area In which It is proposed to be lo~atod; 5. That tho size and shape of the site for the proposed use la adequat~ to atlow the tull development of the proposod use in a manrser not dAtrimontal to the particular aren nor to the paace, health, satety, and general ~elfaro; 6. That tiie 4raNic gonerated by the proposod uso will not impose an unduo burden upon the streets and h(phways designed and ~mproved to carry the traff(c in the area; .2_ PC92-f~'?. ~, ~ 7. Th~,t tho granting of the conditional u~e permlt under the candltions Imposed wlll not be ~atrlmental to tho peace, health, satety a~~d genoral weltare af the cltizons of tho City of AnahAim; 8. That afx (6) people In opposition and throe (3) people In favor indlcated their presence at sald public hearing; and that correspondence was recefved In oppositlon and In favor to the subJect petition. CALIFORNIA ENVII~ONM~NTAL9, A~ I,ITY A~I FINDING: 1'h~ Planninp plrector or his authorized representetfve has determined thet the propo3od projer;t falls within the definftlon of ~ategorical Exemptions, Class 3, as dofined in the State EIR c3uidelines and is, thereforo, categarically exempt trom the requlrement to prepare an EIR, NOW, THEREFORE, BE IT RESOL,VED that the Anaheim Clty Planning Commissicn does hereby prant subJect Petltlon tor Conditlonal Use Permit, upon the tollowing conditlons whlch are heraby found to be ~ necessary prerequislte to thu proposed uso ot the subJect property In order to pressrvg the sA(ety and general welfare of the Cltlzens of the~ Clty ot Anahe(m: t. Thnt the developor shall apply tor and obtnln ffralfno service t~nd shall upgrade oxistinfl water servine to !he aatisiactlon of tho Water Englneering ~ivlsfon. 2. That a Plan Shent for solld waste storage and colisctlon and a plsn for reoyciing shall bo submitted to the ~epartment of Maintenanco for revlew anci approval. 3. That if subJect traflers remaln nn the proporty for more than one (1) year irom the date o( Installation, sald treiler~ shall be iire sprinlclered as requir~d by the Fire Department. 4. That unless proof of exemptlon is submitted In com~liance with City Councll Resolution No. 89R-440, the appropriato mejor thoroughfare and bridgo tee sh211 be pald 4o the City of Anaheirc~ in an arnuunt as speclfied in the maJ~r Thoro~~ght~re and Bridge Feo ProqrAm ior the Foothili/Eastern Tran ~porte4fon CQrr(dor, es establfsh«d by City Council rosolutian. 5. That the ~ppropriate trafflc signal assr+;.ment teo ahall be pald to the City of Anahetm in an ~mount estabilshed by City Councll i;asolutfon No. 9tFt-133. Ei. Tliet the ttppropriate foe shall be pt~id to thn ~City of Aneholm tor Santa Ana Canyon Rond widening purposea, in an amount ea ostablisheci by the Cliy Council Rosolutlon No. 89R•37t. 7. That plans ahall be submitted to the City 1'raHic and Tranaportation Manafler for hls revlew and appraval showing c~nformance wlth the n~ost recent verslons of Engineerfng St~ndard i'!an Nno. 436 ond 602 pertalning to parking standards end drivoway locatlon. SubJect property ahall thereupon be developad and malnteined in conformance wfth said plans. 8. That subJect trailars shall be permitted for a periud of une (1) year until August 3, 1993; and that time extensions mRy be soupht In connection with a duly noticed public hearing. ~. That aubJect property shall ba developed substentlally In accordance wlth plans end speciffcations submtttod ta the City of Anaheirn by the peti;loner and which plans are on ifle with the Planning Depnrtment marked Exhibit ~los. 1 and 2. 1 ~. 7hat sub~eci traflers shalt be usod for educatfonal purposes by tha resldent ch!Idron onty; and that sald traiters shall be used only between the hQUrs of 0:00 a.m. and 6:00 p.m. t i That within a perlod ot thirty (30) days irom the date ot thls r~solution, the peti:lorsera shall conter w(th all adjacent resfdentlal prop~rty owners regarding the planting of additionai trees .~. Ncs2-sz ~ alonp tho shared property Ilnes. A IandscaFsd plan showing said trees (size, specles arid locations) shall then bo submitted ta the Planning Department for sr,heduling as a"Roport and Recnmmendation" Item on an upcominQ Planning ~ommisslon agenda. 12. 1'haY prior to commencement ~f tha nctivity euthorizod by this resalutlon, or prlor to issuance of a bullding permit, or within A period of one (1) year trom the date of this resolutlon, whichever occurs first, Condltio~ Nos.1, 2, 4, 5, ~ and 7, above•mentioned, st-all be camplied with. Extenslons for further time to ~omplota sald oonditlons may be granted In accordanco wttl~ Sectlon 18.03.090 of tho /~nah~lm Municipal Gode. 1~. That prlor tv ilnal building and zoning Inspections, Conditlon No. 9, auave-mantlnned, shall be complled with. 14. That ~pproval of thls applicatlon cons!itutes approval af th~ proposed roquast only tc the ex+ent that It complles wlih tf~e Anaheim Mu~lcipal Znning Code end any uiher epplicable City, State and Federal reflulations. Approval does n~t Include any a~tfon or fintlinga as to compliance or approval of th~ request regarding any other applicable ordinance, regulation or r~quirement. BE iT FURTHER RESOLVED tl~at the Anahelm City Planning Commisslon does hereby find and detormine that adoptiUn oF this Resolution is expressly predlcAted upon applicant's compllance with each end all of the conditions hereinebovd set forth. 5hould any such condition, or any part thereof, be doclar9d invalid or unen~nrceable by the final judgment af any court of aompetAnt jurisdiction, then this Resolution, and any approvals herein contained, shall bo doemed null and vold. TFiE FI~REGOING RESOLUTION was opted at the Planning Commisgjan meeting of ,iuly 27, 1992. ~~3G_~~ -~G~~ a CNIAIRMAN, ANAHEIM ,~1T PLAN G C MPAISSION ATT~ST: /~~ _CRETf1RY, Ay/t~! _!M CITY P A NING i.OMMISSI~N v~ `~ STATE OF CALIFORNIA ) ~:OUNTY OF ORANGE ) sa. CITY OF ANANEIM ) I, Janot L. Jensen, Secretary of the Anahelm City Plannin0 Cornmi3sion, do hereby certify that the foregoing resolution was passed and adopted at a meettng of the Anahelm Clty Planninq Commis~;ion held on July 27, 1992, by the'ollowfnp vote of the membere thareof: AYES: COMMISSII~NERS: BOUAS, BFiISTOL, HELLYER, H[NNINCER, PERAZA, ZEMEL ~lOES: COMMIS~~IONERS: NONE ABSENT: COMMIS510NERS: MESSE IN WI7NESS WHEREQF, I have hereunto sat my hand thls ~r~ day of ~ 1992. / S RETARY, AN~1NEf CITY PUINNINCi CpMMISSION ,q. PC92-92