Resolution-PC 94-103RF QLUTIpPI NO, PC94•10$
A RESOLUTION OF THE ANAHEIM CITY WIANNING CQMMISSION
APPROVING REVISFD PLANS IN CONN~CTION WITH
CONDITIONAL USE PERMIT NO. 3662 (R~ADVER7ISED)
WHEREAS, on March 21, 1994, the City Planning Commission adopted Hesolution No. PC9d-
41, gra7ting Conditional Use ?ermit No. 3662, fn part, to perrnit A 4,416 sq.ft. {~rivAte oducational facllity
(proschool to 3rd qracle) and a 4,372 sq.ft. church fn a 3-unft, 2-story, 18,096 sq.ft. commercial complox with
waiver of minimum Iandscaped sotback ad~~cent to a resfdontfal zone boundary (denying waiver of minimum
setback of Institutionat usos adJacent to a residential zone boundary) ~n propQrty located on the south side
of Santa Ana Canyon Road approximately 515 foet west of tha conterNne of Fairmon[ Boulevard, and further
described as 6270 East Santa Ana Canyon Road; and
WH~REAS, the petitioner has submittod a revised sft~ plan (laboled Revisi~n Na. 1 of Exhibit
No. 1) showin~ a 3-unit, 2-story, 1E3,OA8 sq.ft. cammercfal complex contain(ng the followfng:
B II in FI r Ar a ~
/t 1 4,416 sq.tt. Privato school (proschool to 3rd grade)
fi~ 2 5,392 sq.ft. Church
# 3 8,240 sq.it. Oftic~
WH~REAS, tho City Plarni(ng Commi~sion did hold a public heari~ig at tho Civic ~entor In
the City of Anaheim on July 25, 199A, at 1:30 p.m., notice of sald public hoaring having boen duly given
as requfrod by law and in accordance with the provisions of the Anaheim A~!unicipal Code, Chapter 18.03,
to hear and conslder evidence for and against said proposed revised plans fnr Conditionai Use Permit No.
3fi62 and to invostiyate and make findings and rocommondations in connflction therewith; and that sald
uubtic hearing was contfnued to the Pianning Commission meeting of August S, 199a; and
WIIERE~,S, said Commission, after due inspection, fnvestfgation and study made by itself
and in Its behalf, and after clua consideration of all evldence and reports offered at sald hearing, does find
and determine tho following facts:
1. That +he petitfonar requosts approval of revfseti plans under authority of Codo Sections
18.44.050.130 and 18.44.050.270 to permit a private educatfona! facllity (proschool to 3rcl grada) and a
church, v~ith waivers of the (ollowing:
~a) ~..c~isns is oa.o-is.io2 - ~ximurn tence hel~h .
an~f_1$.4a.084 ~•(~ toot high masonrv wail or fence permitted
alonc~ wr~st pmperty Iinu; 8-foot 8•Inch h14L
wall pruposed)
(b) ~.g~ti2ns 18.04.042.U20 - Minimum set ck of (nstftutlonal ~s s adi~ f n
and 18.~34.060.040 ta a residentfal zono bo,yn~l~r (.
(15-teet required irom RS-7200 zonirig;
n n propased to playground)
(c) Section 1E1.&t~62.011 • Minimum structural setbac'K e ttin ~$~gnic Ex r w.
~t~p faet r~quired from Santa Ana Canyon Raad;
57 fe~t propo~ed for trash onclosure)
~R2182MS.WP -1- PC94-103
2. That waiver (a) Is horeby granted on tho basis that thore are speclal circumstances
Applicable tu the prnporty consisting of its shape, tapogr~pl~y, location and surroundings ad~acent to sin~le
famlly residences to the west, which do not eppiy to nther ldentically zonod propertlos In the vlcinlty
because the elonc~ated shapo of tlie property creates a~~hysical hardshlp which Justifies th~ requested
walver; t~nd, fuRher, that the incroased height of the blo~k wall adjacent to the single-tamlly residences
to the west will mitigata any potential noiso;
3. Th~t waiver (b) is herdby granted on tha basis that there are special circumetances
applicabl9 to the property consisting o' its shapo, topogr~phy, locatlon and surroundings adjacent to single
family residenr,es to the west, which do not apply to other identicaliy zoned propertles (n the vicinity
becauso the elangated sliape of tlie property creates a physical hardship which Justiiles the requested
cocle waiver; and, further, that the proposed setback pertalns only to a playground (not to a building);
4. That weiver (c) is hereby gra7ted on the basis that there are special clrcumstanaes
applicablo to the proporty consisting of !ts shape which does not apply to other ide;itically zoried
proparties in tho vicinity becauso the elongateci shape of the property creates a pliysical hardsh(p which
~ustifies the requested code waivor; and, further, that the new location oF the trash enclosuro permits
accoptable trash pick up access;
5. 7hat the pruposed use is proper~y one for which a condltional use permit is authorized by
the Zoning Code;
6. 1'hat tho proposod use will not adversely affect the ad)oining land uses and tiie grawth and
development nf the area in which it is proposed to be located;
7. 7hat tho slze and shape of che site 1or the pr~posed use is adequate to allow the full
developrnent of the proposed use in a manner not detrimentai to the partlcular area nor to tho peace,
health, safety, and general welfar~a;
8. That the traNic generated by the proposed uso will not impose an undua burden ~pon the
streets and highwa~y3 designed and fmproved to carry the traHic In the arQa;
9. That ~he c~ranting of tho conditlonal use permit under the conditions imposed wlll not be
detrimental to ihe peace, health, safety and gene~+~ welfare ot the cit(zens of tho City uf Anahefm; and
10. That one per~on Indicatal their presence at satd public hearing in favor; and that no
corraspondance was roceived in oppositfon to the subj:ct potition.
~ALIFQRNIA,€NVIRONM~NTAL QUA~.ITY ACT FINDINC: That the Anahelm City PlAnning
Commission h~s reviewecl the proposal for approval of revised plans to permit a private Rducational facility
(preschool to 3rd grade) and a ctiurch, wftt, wafvers of maximum tence heic~ht, minimum setback of
institutfonal uses adjacent to a residential zone baundary, and minimum structurel `oved in onneict~ion
Scenic Expressway and does hereby find that the Ndgative Declaratfon previousiy app'
with Conditional Use F'ermit No. 3662 Is adequate to serva as the requfrecl environmental documentation
fn connection with this request upon find(ng that the doc~aratfun r~flect~ the Independent ~udflement of 1ho
lead agency and that it `~as considored the Negetive Declaration together with any cnmments received
during the public review process and further t(nding on the a,asis of the (nit(ul study and any comments
received that there Is no substantial evidence that tne project will have a s(gnfficant eHect on tho
environment.
_2. PC94-103
NOW, THEREFORE, BE IT RESOLVED that ttie Anaheim Cfty Plannin~ Commission does
hereby amend Rosolutfon No. PC94-41 as follows:
I. That the proposed conditional use and waivers be amendod, in their entirc~ty, to read:
Petitioner requests approvai of revised plans under authority uf Code Soctionc 18.44.050,130 And
18.44.050.270 to pr~rmit a private oducatfonal facility (preschoal to 3rd grado) and a church, with
waiver~ of the followin~:
(a) ,~tfons 18.04.Qh3.102 - Maximum ~en~e hefaht,
and 18.44.064 -(6 foat high masQnry wall or fence permitteci
along west property Ifne; 8-foot 8-inch hiah
wali proposed)
(b) S@ctions 18.Q4.042.020 - M(nimum sett~ryck of Instityt(onal uses ~dJac~nt
n 1$.h4.060.040 to a r i nti I~Q,ny~4~undarv.
1-fe t requfrod from RS-7200 zonin~;
n n proposed to play~7round)
(c) Section 18,84.062.011 Minimum structur~l setbark abuttinaa Scenic~~rgssw~v.
~100 feet required frum Santa Ana Canyon Road; '
57 feot proposed for trash enclosure)
II. That ttie condit(ons be amended, in their en~irety, to read:
That prior to IssuancE of a building permit, ttie cleveloper shall eitl~er:
(a) Submit a purchase offer to the Roal Proporty Section of the Public Works Department
for the SAVI property which was incqrparated into tF~e approved sito plan; or
(b) Enter Into a lease agreement wlth tho City of Anaheim.
2, That prior to issuanco of a bulidtng permft, the devoloper shati apply far and finalize
roclassif(cation of the SAVI property (which was incorporated fnto the approvod site plan) from
the RS-A-43,U00(SC) Zona to the CL{SC) 7_on~.
3. That a street Improvement plan to construct a median island on Santa Aria Canyon Road to
prohibit left turn movements shall be submfttai to ;he Publi.r. Works-Engineer(ng Department
for review and approval. 7he improvements s~~al! be completed pr(Qr to occupancy.
4. 'fhat the stripinfl on Santa Ana Canyon Road shall be modified to provide adequate (ngress
and egress ta this site. The plan shall be submittod to the Traffic Englneering ~iv(sion for
their revlew and approva~.
5. That prior to issuance nf a building perrnit, a lot Ilne adjustmer~t to ad~ust tho proporty Iln4s
such that any new bu(Id(ng lies completely within one (1) parcel and coniarm~ to tho
applicable Zonin~ and Buildin9 Ccxies shall be suhmitted to tf~s Subdiv(slon Section for
approval by the City Engineer and then recordc3o in the ~f(ice of the County Recorder. The
lot Iine adjustment shail be in substantial con(ormance with the approved sit~ olan and sliall
include tfie same number of or fawer legal parcels than currentty sxit,
_;;_ PC94-103
6. That prior to grad(ng plan approval, the property owner shall submit s Watc~r G~uality
Management Plan (WoMP) speciflcally Idontifying the best management practices which will
be used to control on-site pradictable pallutants from stormwater runoff. 7he W~MP shall be
~ubmitted to the Public Works Department, Subdivision Section, for revlew and approval,
7. That this Conditional Use Pormit is granted subJect to adoption of a zoning ordinanca In
connection with Roclassflicallon No. 93-94-03, now ponding,
g. That an unsubordinated reclprc.cal accoss and parking agreement, in a form satist~ctory to
tho City Attorney, shall be recorded witli the Office of the Orange County Recorder, A copy
of the recorded agreemant shali be submitted to the Zoning Oivislon.
g. That in th6 event a parcel map to subdivide subJect property i3 recorded, an unsubordinated
restrictad covenan: provltlinp rociprocal aace~s end par-cing, apprr~ved by the City 7raffic and
Transportat(on Managar and Zoning Dlvislon and in a form satlsfactory to the C(ty Attorney,
sF~all be recorded wEth the Office of the Orango County Recorder. <~ copy of the recorded
covenant shull then be submitted to tho Zoning p(vision. Said :cvonant shall include
provisiun5 !o quarantee thal the entiro complex will be managod and maintained as ono (1)
Integral parcel for purposesof park(ng, vehicular circulation, signage, maintenance, land usage
and architecturai control; and that the covenant shail be referenced in all deeds transferring
all or any part of the interost in the property.
10. That the creation of three (3) or more retail units on subJect propert.y shal{ be subJect ta the
prior approval of a condillonal uso permit.
11. That subject property shall be developed substantially in accordance wfth plans and
specifications submittod to the Cicy of Anaheim by the petitioner and wh(ch plans are on file
with the Pianning Deparlment marked Revlslon No. 1 of Exhiblt No. 1 and Exhlbit Nos. 2
through 6.
12, That the tr~sh enclosure shalt be retacated so that the doors do not front onto Santa Ana
Canyon Raad. Said enclosure shall be plantod with clinging vines to upgrade its appearance.
13. That the proposed Itallan Cypress trees shall be permanently maintainod by the property
owner,
14. That prior to issuance of a building perrnit, or witl~in a period of one (1) year from the date
of this reso{ution, whlcfiover occurs first, condition Nos. 1, 2, ~, 5, 7, 8 and 9, abovo
mentioned, shall be compllod with. C-xtensions 1or further tlme to complete said conditions
may be grantQd in accordance with Section 18.03.090 of the Anaheim Municipal Code.
15. That prior to final buildinc~ and zoniny Inspecttons, Condition Nos. 3, 4, 11 and 12, above-
mentioned, shall be complled with.
16. That approval of this applicati~n constitutes approval of the prcposed request only to the
extont that it compties wilhthe Anaheim Municipal Zoning Code and any other applicablo City,
State and Federal reflulatlons. Approval does not incl~~de any action or findings as to
complfance or approval ol the request regarding any othor ~pplicable ordinance, rsgulation
or requfrement.
.q_ PC94-103
BE IT FUR7HER RESOLVED that ttie Anahelm City Planning Commisston does hereby find
and detRrmine that adoption of ttiis Hesdu!Icn la expressly predicsited upon applicant's compllance with
each and all af the conditions hereinabova se: 1~rth. Should any sucl~ condition, or any part thoreo(, be
declared Invnikl or unenicrceable by the Ilnal ~udqmer,t o( any court of competant ~uri~dictlon, then this
Resol~tion, and Hny approval;, heiein conlained, shall be doemed null and void.
TFIE FOR[GC~NG RESOLUTION was adopted at tho Plar.ning Commission meeting ot
August 8, t;+~4. '
'~ll~ L~~l~ ~ •yC~~-~-~w
HAIRW MAN, ANANEIM CIN~PIA~lNING COMMISSION
ATTES7:
/
~.EC fARY, ANAHEI ~ ~Y PLP,NNING COh1MISStON
L
STATE GF '~AI.IFORNIA )
COUNTY Qr ORANuE ) ss.
CITY OF ANAHEIhI 1
I, ,ianet L. Jensan. Secratary of Ihe Anahuim City Planning Commisaion, do hereby certify
that tt~o fore~~oing re3dt~ion was pdssed ancl adoptecl at a meetinq ot th~ Anaheim City Ptanning
Commissi~n held on August 8. 19J4, by iho falowing vc,le ot the members thereof:
AYES: ;:OMMISSIONENS. HOYUSTUN. CALDINELL. HENN~NGER, MAYER, PERAZA, TAIT
NOE5: CUMMiSSIONERS: NONE
AE3SENY: ~;AMNISSIONERB: ME53E
fN WITNESS WNEREOF, I have heroun!o set my hand this~ . y o( ~~fG~
199A.
~ ' -~ ~ 1'!'~ e= -J
S, RE ARY, ~Nr.Hh'./i CI7Y PIANNIN(i COtJ{MISSION
~ ~
..5. PC~1 • 103