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Resolution-PC 94-127,R~$Q4UTIGiV N(7. PC94-127 A RESOLU710N OF 'fHE ANAHEIM CITY PIANNING CpMMIS510N THAT PETI710N FOR CONDI714NAL USE PER~AI7 NO. 37t3 BE GRANTED WHEREAS, the Anahelm City Planning Comrnisslon did recolve a verified Petition for Conditional lJse Pormit for cartain real property situated in the City of Anaholm, County of Jrange, State ot California, descr!bed as: PARCEL 1: PARCEL C, IN 7HE CITY OF ANAHEIM, COUNTY AF ORANGE, STATE OF CALIFOANIA, AS SiiOW~i ON A MAP FILED IN BOOK 44 PAGE 1b OF PARC~L MAPS, IN THE QFFICF. pF 7HE CUUNTY qECORDER OF SAID CAUNTY. PP.RCEL 2: THA7 PORTION OF' THE SUU?HWEST C~UARTER OF TI1E NOR7HWEST DUARTER OF uECI'ION 3, TOWNSHIP d SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DF SANTA ANA, CITY OF ANAHEIM, COUN'tY OF ORANGt, STATE OF CALiFQRNIA, AS PER MAP RECORDED IN BOOK 51 PAGE 10 OF h91SGELl.ANEOUS MAPS, iN THE OFFICE OF 7HE COUNTY RECOHDER OF SAIO COl1NTY, DESCRIBEp A;> FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAiD SOUTNWEST ~UAHTER, EAS7 822.00 fEET FROM THE SOUfHWEST CORNER ?HEREOF; THENCE NORTH 491.53 ~E`T PARALLEL WITH THE WEST LlNE OF SAID .~',OU7HWEST OUARTEH OF THE SOUTM LINF OF THE NOR7H 25.00 r1CRES THEREOF; THENCE EAST 520.70 FEET ALONG SAID SOUTH LINE TO 7HE EAS7 LINE OF SAID SOUTHWEST QUARTER; THENCE SOUTH 492.07 FEtT TO THE SOU7HEAST CORNER UF SAID SOUfHWEST OUARTER; TNEyCE WEST G18.90 FEET TO THE POiNT C~ BEGINNING. EXCEPT THA'f PORTION 7HEREOF LYING NORTNERLY OF THE SOUTFI UNE OF THE LANt~ DESCRIBED IN THE dEED TO ORANGE COUNTY FLOOD CONTROL QISTRICT, R~COADED JANUARY 26, 1960 IN BOOK 5068, PAUF 304, OFFfCIAL RECORDS. WHERF.AS, the City Planninp Cornmission did hold a public heAring at the CNic Centos in Iho City uf Anaholm on September 19, 19U4, 1994 at t:30 p.m., notice ot sald publlc hearfng havl~g beei~ duly given as r9qulred by law and in accordsnce with the provislons ol the Anahe(m Municlpal ~odo, Chapter 18.03, ta hger r~nd comider evidence br and E~gainst sakf proposed a~nditional use p~rmft arxi to invest~gate ar~+ inake iir.dings nnd recommendations fn conncsction therewith; end WHEREAS, u-id Gommfssfon, aRer due inspectfon, invest(gatfan and study mado by itselt arxf in its behaif, and eher due r,unstderation oi all evidenr.e anci reports offe;ed at ceid hearfng, doos ffnd and dotermine the fdiowfng lacts: t. ', i~at tho proposod use Is properly ~ne for which a conditional uso permit fs auth~rized by Anaheim Municipal Code Section t6.61.050.t38 to permlt an approximately 4,542 sq.tt. chlld day caro tucflity; 2. That tho ~,roposed uae is prapery one lo~ which e conditional uae pormit in industrtut zonl~,,• s authorfied by tha ZonfnA Codc; CR21971AS. WP -t - PC94-127 3. That the proposed use will not adversely ~ifoct the nd~oining land uses ~nd tho growth and development of tho area in whlch it ~s proposed to be located; ` ~ ,~' y + sr .,, ~ *. a 4. That tho size and shape of tha site for tha proposed use is adequate to allow the (ull development of the proposecl usFl In a manner not cietrlmental to the particular area nor to the peace, health, satety and flenoral welfaro; 5. That ttie traffic r~nerated by the propased use will not impose an unduo burden upon the streets and highways designerl and improved to carry the traHic fn the area; 6. That the granting of ttie conditlonal use permit under the conditions imposed will no• ba detrimental to the peace, hoaltti, safety and goneral weifare of the citizens of ttie City of Anahefm; and 7. That no ono indicat~d their presence at said pubifc hearing In oppo~ition; and that no cprrespondence was recofveci tn opposition to the subJect potition. cAI.IFORNIA ENVIRONMEN~AL QUALITY ACT FINDING: That the Anaheim City f'I~nn(ng Com-niss(on has revlewed tho pronosal to permit an approximately 4,542 sq.ft. chlld day caro (acility on property which consists of two (2) irreflularly-shaped ~rce~s uf land: Parcol 1 consists of opproxlmately 3.4 acres located at the northeast corner of Crescent Avenue and Valloy Street, havfng appror.imate (rantayes of 490 foet on the north side of Crescent Avanua and 240 teet on tho east s(de of VAlley Street, and further descrfbed as 2101 - 2121 East Crescent Avenuo; Parcef 2 cons'.sts of approximately 9.2 acres loc~ted north oi tho Qrange Cour~ty Flood Contrai Channoi having a fronta{~e uf approximately 840 feot on the east side o! Valley Street, having a maximum depth o! approximately 890 teet, being located apDroxim~tely 360 (eet north of tho centerflne o( Cre~cent Avonue, and further described es 700 - 720 North Valley Street (Trf Freeway Commerce Park); and doe~ heroby approve the Na~ative Daciaratlc~n upon finding that the declaration roilects the Independont ~udggment of the lead agt~ncy end that It has c~nsidered the Plegative Declaratiun together with any comments recefved during the publ(c review pracess and further tinding on the basis of ihe Inkia~ study and c~ny comments recetved that there is no substantf~l evidonce that the project will have e sign{(icant eff9ct on the enviror-ment. NOW, TFlFREFO~E, BE IT RE50LVED that the Anaheim City Planning Commla5i m does herehy grant sub~ect Petftfon tor Conditiona~ Use ~emift, upon the following conditions whfch are haroby tound to be a necessary prerequisite to tha proposdcf use of th~ subJ~ct property in order to preservo tt~e s~fety and gAnorai weifare o( the Citizens of tho City oi A~~ahoim: 1. That the nnrollment for sub~er,t school shall be timited to forty (~t0) chfldron. 2. That trash storege oreas st~ll be provfdecJ and mnlntainecS In a locatian accuptable to the De{u~rtment of Maintenance and in accorclance wRh approvec! pians on filo wfth said Dapartm~nt. Such infArmatlon shall be specHicaliy ahown on the plena aubmftted (or buflding pt+nnfts. 3. That a{~lan sheat for solid waste storngo and collactlr,n and a plan (or recycling shall be submmed to the ~e;~ertment at Maintenanco for review and approval. 4. That a luadir-g anci unloading area shall be ~+rovided and malntaineJ on•site, to ttiQ satistactfon of the Chy 7ta}fic and Trans{wrtetion Maiw~er. 5. 1'hat a traffic signal assossment fae ec~ualinp thu cliHoronco betw9on the industrial and commerciai assessmunt fees shall bo paid to the Cfry ot Anahefm in nn bmount as estat~ished by Ciry f:ouncfl. .2. ... y ~~,~. ! r~ ' ~ ~'T '"~R ~, ~*~ a ~ j~h~ ~ .~ PC94-127 6. Ttiat plans shall bo submitted to the City Traffic and Transportation Mnnager ior ~iic review and ap~roval showing contarmanco with the curront versions of Engineerlnc~ Standard Plan Nos. 438 end 602 portaining to parking stendarda ~and drfvoway locatfon. SubJect property shall thereupon be doveloped and maintainoci in conf~rmance wfth sald plans. 7. 7hat subJect property shall bo developed substantially In accordance with plans and speclilGatlons submittod to the City of Anahelm by the petitioner ~nd which plans are on i~le with the Planning Department marked Revision No. 1 of Exhibit Nos. 1 ~nd 2. 0. That the Qlayground araa shall havo area noise mitigated to a maximum level of yl,cty sevon (67) dBA. Aiter lmprovaments to mitiqate the nolse are completed, a nolse consultant shall conduct a noise study, sat(siactary to the City's Fnviranmontal Pls~nner, to ensure that the resultant noise levels coniorm to sAld maximum. 9. 1'hat a traffic barrier stiall be in~tallod at the terminatlon of the vehicular turn-areund area. It ahall consfst of a minlmum of seven {7) traHfc bollerds placed four (4) Teet on•oenter an the outsldo of the proposed chainlink fence and Immediately adJacent to the outdoor play nrea, as approvod by the Clty TraHic and Transport~tion Managor. 10. That a spoed berm shall be Installed approximatoly niriety (90) ioet west of the outdoar play area, as approved by the City Traftic and Transponation Manager. t t. That thr~ child loading and unlaadinc~ aroa ~hall be relocated from tho area Immediately adjacent to the bui~~~Ing to the northernmost parkin{~ aroa located at the northwest corner of the outdoor play aroa. 12. That two (2) pede~trian access flatas ah~ll be installed in the chainlink fenco onclosing the outdoor play area. 13. 7hat prior to commencement cf the actfvity authorized by this rasolution, or prlor to issuance of a buflding permit, or with:~ a perial :~f one (1) year from the date of this resolution, whlchever occurs first, Conditfon Nos. 2, 3, 4, 5, 6 and 'I1, above-mAntioned, siiall be complled with. Extensions for further tirne to completa said cond~tlons may be grantod in accordance with Soctlon 18.03.A9U of the Anaheim Munir,fpal Code. t4. That prior to the coTmencurnont o( the actfvity authori2eci by this resolution or prlcr to tinal b~i(Iding and z~ning inspections, whichevor occurs ilrst. C~nditlon Nos. 7, 8, 9, 10 and 12, abo~ 1-mentionod, shail be complied with. 15. That npproval of this appticntton constittrtos approval of the proposed request only to ttie extent that It complies wfth the Anahoim Municfpal Zoning Code s~nd any other applicable Cfty, State end Foderr~l repulatfons. Approv.~l does not inc~uds any actfon or findings o~ to comnliance or opproval of tho request regarding ai~y othor applfcabt~~ ordinance, royulnti~n or requlremont. BE IT ~UR7HER RESOLVED thot the Anahelm City Plannfng Commf•rslon does hereby Hnd and determine that acluptfon of this Resolution is exprossly predicate~i upon appl:cant's complfanc^ wit~ onch an~.f all of the corxiitions hereinabcrve set torth. Shnuld any auc;~ c~nditton, or eny part theroc~i, be declared invalid or w~en!orceabte by the final ~ud~m~snt of any cAUrt of competent ~urisdlcti~n, then this Resolution, And any approvals here(n conta(ned, shall be desmed null 2nd voEd. -3- PC9d-1 ~7 THE FOREGOING RESOLUTION was adopted at tlie Plannin~ Commis3lon meeting of Septomber 19, 1~J9~t. ~ ~!~~-~~~ ~ ~,~~-~ GHAIRW MAN ANAHEIM CITf pLANNWG COMMISSI01~ ATTCST: . ~/ ~ ' , r ~ /,~~~.~_.:i~~..'.~.: c-i , SE 1~ETAFiY, ANAM~IM CITY PLANNING COMMISSION ~ :~ / ~TATE OF CALIFOHNIA ) COUNTY OF ORANGE ) ss. CITY GF ANAHEIM } I, J~net L. Jenson, Secretary af the Anaheim City F'lann(ng Commission, do hereby certify that the foregoing resol~~tion wss passed Rnd adopted at a meeting of the Anahoim City Planning Commission held on Septornber 19, 199ti, by the tollcwing vot~ of the members thereof: AYES: COMMISSIONERS: BOYDS7UN, CALDWELL, HENMINGER, TAl7 NOES: COMMISSIONERS: AAAYER, 1'ERAZA ABSENT: COMMISSIONERS: NONE A85TAINED: ~OMMISSIONERS: MESSE ~~~~~ IN WITNES~ WHEREOF, I have herounto set n~y har.d this '``~ ..~ day of 4`.'.~1~Lf:;:~.n J , 199a. - .._ % .. . ~• + 1~~ i-d:..;G„Lc:~i~ / , CqETARI', ANaHEIM CITY PLANNING COMMISSION !..~ ~/ ~:,~ ,~- PC94-127