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Resolution-PC 94-41R~SOLUTION N0. PC94-41 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FON CONDITIONAL USE PERMIT N0. 3662 BE GRANT~D, IN PART WHEREA:;, the Anahoim Cfty Plannfng Commission did receive a verif!ed Petition for Conditienal Use Ferrnit for certain real property situ~ted in the City o( Anahetm, County of Orange, State of Californ(a, described as: ALLTHAT PORTION OF LAPJO ALLO'fTFD TO PAULA f'ERALTA DE DOMINGUEZ, AS DESCRIBED IN THE FINAL OE::REE OF PARTI'tIQN OF TME RANCHO 5ANTIAGO QE SAN7A ANA, WHICFI WAS EN7ERFQ SkPTEMBFR 12, 196A IN BOOK "B", PAGE 410 OF JUDrEtv1ENTS OF THE DISTRICT COURT GF TFIE 17TH JUDICIAL DISTFiICT IN AND FOR L(~S ANGELES COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS: COMMENCING AT THE IN?ERSECTIOIJ OF THE ~OUTHEASTERLY LINE OF PARCFL 1 OF LAND IN DEED Fl~CORDED JUNE 29, 1949, IN BOOK ififii, PAGE 222, AND RE-RECORDED JULY 30, 19h8, IN BCJOK 1678, PAGE 209 OF OFr'ICIAL RECORDS, WITH THE SAU7HERLY LINE OF SANTA ANA CANYt)N RQAO, 60 FEET WIDE, AS DESCRIBED II~ BOCK 171, PAGE 144 OF OFFICIAL RECORQS; 7HENCF NORTH 01 DEG. 03' 15" EAST 13~1.20 FEE7 ALONG SAIh SOU7HERLV LI~IE OF SANTA ANA CANYON ROAD TO THE 7RUE POINT OF BEGINNING OF THIS DESCRIPTIQN, SAID PQINT OF BEGINNING BEING THE BEGINNING OF A TANGENT CURVE GONCAVE NORTHERLY WITH A CENT~iAL ANGLE OF 37 DEG. 02' 45" AND A RA~IUS OF 480 FEET; THENCE EASTERLY 47.87 FEET THRQUGH A CENTRAL ANGLE OF 5 DEG. 42' 52" ALONG SAIO ~URVE 70 ITS INTERSECTION WITH THE WESTERLY LINE OF TMAT CERTAIN 50 FUOT STRIP OF LAND AS CONVEYED TO 7HE SANT~ ANA VAL'.EY IRHIGATION CAMPANY f3Y DEEO RECORDED OCTOBER 9, 1947, IN BOOK 1536, PAGE '87 OF OFFICIAL RECQRDS; THENCE ALONG SAIp WESTERLY LINE SOUTH 26 DEG. ti9' 10" WEST 34.68 FEET 70 AN a'~GLE POINT THEREON; THENCE SOUTH 6 DE~. 27' 35" WEST 135.16 FEET 7HENCE SOUTIi 7 DCG. 51' 35" EAS7 14A.41 FEET; THENCE SOUTH 33 QECy, 19' 25" WEST 94~.24 FEET 70 A PQIN1' THAT IS NORTH 33 DEG. 19' 25" ERST 1~a.o5 FEE'f FROM THE SCUTNWEST TERMINUS OF A COURSE IN THE WEST LINE LiF SAI~ 50 FOOT ~TRIP HAVING A E3EARING OF NOR7H 33 DEG. 19' 25" EA~T AND A LENGTH QF 255.29 FEET; THENGE LEAVING SAID WESTERLY LINE, ~ARTH 11 DE~. aa' 03" WEST 105.45 FEEl'; 7HENCE NORTH a OEG. 27' 20" wEST 12o.QO FEET; THENCE NORTH 0 DEG. 21' S6" EAST 178.35 FEE7 TO THE SOU7HERLY LINE OF AFOREMENTIONED SAN'fA ANA CANYON ROAD, C~0 FEET WIDE; THENCE NORTH 81 DEG. 03' 15" EAST 72.92 FEET 70 TH~ TRUE POINT OF BrGINNING. WHEREAS, the Cfty Pl~nn(ng Commissfon did hold a public hec~ing at the Civic Center in the City oi Anaheim on February 23, 1994 at 1:3~ p.m., notice of safd publfc heai:~g having been duly given as required hy law and in accordance wfth the provisions of the Anaheirri Munic~,~al Code, Chapter 18,03, to hear and conslder evidence fo~ and agalns! saW proposed conditfcmat u~e permit and to (nvRStigate and make findings and recommor~iatlons in c~nnection therewfth; end th~4 said public hearinQ was continued to the March 7 and March 2t, 1J94 Planning rommission meetinfls~ and CR2049MS.WP -1- PC94•41 ~VHEREAS, sald Commfsslori, after due Inspecti~n, investigstion and study made by Itseif an~ in its behalf, and after due consideratlon of all ovidence and reports offered a4 said hearing, does find and determine tho following facts; 1. That tf~e proposed use Is propr,rly one for which a conditional use ~ermlt I~ authorizod by Anahoim Muniolpal Code Section~ 10.44,050.130 and 18,44.U50.270 to permlt a 4,~116 sq.ft, privato 9ducational f~ciliry (preschool to 3~ ',~ade) and a 4,372 sq,ft. church, with walvers ~f the following: (a) Sectians 18 44.OFi3.040 - Minfmum lendscane set I< acer-t t~ and 18.44.063.050 residentlai zone~undarv. - 1 fe t fuliy landscaped requlred; 7 feet praposed) (b) Sectians 18 04.042.~20 - Minimurri~etbark of Institutional uses to ,~r d 1t1.44.063.Q~10 rgsidential ~Qng~ nll d~C. 2, That there are speclat circumstances applicable to the property consisting of its shape and width whicn do not epply to other fdantically zoned propertles in the vicinity because the elon~ated shape of the p'operty and Its narrow wid2h make it a hardship to maintaln minimum setbacics from interinr property lines; 3, That strict appl;cation of the Zoning Cudo deprives the prop~rty ot priviteges onJoyed by other properties under ldentical z~ning classificatlon in the vicinity; 4. 7hat waiver (b) is hereby denied on .he basis that it was deletecl by the applica~~ti, 5. That the proposed uses are properly anes for which ~ conditlonal use permit is authorizNd by the Zoning Code; 6. That the proposed uses wlll npt adversely offect the adJoinfnq land uses and the pmwih and development of tne area In which it fs proposed to be located; 7. That the size and shape of the sfto tur the propos~d usos Is adequate to alluw the full dovelopment of the proposecl use in a manner not detriment~i to thA particular areA nor ta the peace, heaith, safoty and c~snoral welfare; e. That tha traHfc generatod by the proposed usas wfU not irnpose an undue burden upun tlie streets and highways designed and Improved to carry the traNic in the area; 9. That the grant(ng of the condittonal use permft under the conditions (mposecl will not bg detrim~ntal to the peace, health, safaty and genorai welfare ot the citizens of the City af Anahelm; 10, Thnt the improved design uf the building Increases compatibility wfth nearby residential IAnd uses and that on-site signage on the property Is Ilmited to one monument sign tor alf proposed uses; ~nd 11. That three (3) people indicbtec; thefr presence ~t said public hearing fn opposltion; and that c~rrespondenc~ was receivod in op~ositfon to the s~bJect potition. .2. F'Cg4-41 CALIFORNIA ENVIRONMENTAL ALITY A T FINDIN,~,: 7hat the Anaheim City Planning Commfssion has revlewecl the proposal to parmit a 4,416 sq.ft, privato educational facility (preschool to 3rd grado) and a 4,972 sq.it. chu~ch, wfth waivsrs of minimum landscape setback AdJacent to a~esidential zone boundary ~nd minimum sotback of institutlon2l uses 4o resfdAntial zone boundary an an irregularly- shaped parcel of land consisting of approximately 0.94 acres, having a fronta~e of apprc~~mately 200 feet on the south side of Santa Ana Canyon Road, havln9 a maximum depth of approxirnately 435 foot and being Iocated approxlmately 515 feat west of tho centerline ofroverm enNe ative Decla atio hupon flnding as 6270 East Senta An~ Canyon Road; and doos hereby app g that the declaratlon reflects the ~ndependent Judfloment of the lead agency and that it has considored the Negative Declar~tion together with any comrnents rece3ved durinc~ the public revlew process And further findiny on the basis of the Initial study and any cornments rocelved that there Is no substant(al ovidence that the proJect will have a signfiicant effect on the environment. NOW, THEREFORE, BE IT RESOLVF~ that thd Anaheim Citl~ Planning Commigsion does hereby grant subJect Petftion fnr CondiNona! Use Permit, in part, upon the following conditions :•~hich are hereby found to be a necessary prerequisite to thr~ proposed use of the subJect p-operty in order to ~reserve the safety and genera! welfare of the Citfzens of the City cf Anahelm: 1, That the devaloper shall purchase the SAVI property !ovhich was !ncurporated into the approved site plan) from the Clty of Anaheim or enter into a lease ac~reement as approved by the City. The doveloper shali submit any purchase offer to the Real Property Secilon of tho Public Works- EngineQring f3epartment. 2, ThAt the devoloper shall epply ior, obtpfn and finalize a reciassiffc~tion of the SAVI proporty from the RS-A-43,000(SC) Zone to the GL (SC) Zon~. 3. That a street fmprovement plan for a medfan island on Santa Ana Canyon Road to prohfbit leit turn movements shall be submltted to the Public Works•Engineering Deparcment. Constructlon sha11 be completed prior to occupancy. 4. That the striping on Santa Ana Canyon Road shall be modNied to provide adequate ingress and epress to subJuct site. Tho pl;~n shall be submitted to tho Traffic Engineoring Oivision for review and approval, 5. That a lot Iine nd~ustment plat to adjust the property li~as such that any new buflding Iles corr~pletely within ono (1) parcel and coniorms to the Zon(ng and Buildf~~g Codes oval,btshal~l boecord~d Subdivision Sect~on ~nd approvad by the City Engin~ .;, Fnllowing app fn the Otifce of the County Recarder. The !ot lino ad(ustment shall be in substantial conforrnance with the approved sito plan end shall Include the same nurnber of fev~er legal parcels that currently exlts. (;. That prior to qrading plan approval, the praperty ownor sha8 submit a Water Ouality Management Plan (WQMF; specftically Identityfng the best management pract~ces that will bo usod onsite to control predictable pollutants irom stormwater runoff. The W~MP shal! be submitted to the Sukxifvlsion Section of the Public Works-Enc~ineQring DApartment iar rovle~w and approvai. 7, That this Conditional Use Permit is granted subject to adoptfon of a zoning ordinance in cannection witli Fieclassification No. 93•9h-03, nuw pendin4~. 8. That an unsubordinated reciprocal access and parking dgreement, in a form satfsfactory to the City Attorney, shall be recorded wfih the ~Hice of the Orange County Necorder. A copy or the recorded agre~ment shall be submhted to the Zoning Division. -3- PC94-41 9. That in tho event a parcel map to subciivide subjoct property !s recorded, an unsubordfnated restrlcted covenant, in a form satisfactory to tha City Attorney and providfng recaprocal acces~ and parking, shall 5o submftted to and appraued by the Clty Traffic and Transportation Managcr and tho Zoning Divislon. It shali then be recorded with the Oifice of the 6range County Recnrder, A capy of the recorded covenant sha11 be submftted to the ~oning Dlvision. Said cuvenant ,h~ll include provfsfans to guarantee that ths entir~ complex shall be mane~ed and mair~talne+i as one (1~ integrated parcel for purposes of parking, vehicular circulatlon, sianage, maintenance, land usago and arcPiitectural co~~trol, and that the covenant shail be referenced in all deeds trans?orrinc~ all or any part of the i~torest in subject property, 10. 'fhat the creation of thrpe (3) or moro retail units on the property shall be subject tc, the prior approval of a conditional use permit. 11. That subJect propor4y shall be developed substantlally (n accordanco w;th plans and s~.~ecfi(cations submitted to thR Citu of Anaheim by the pet~tfoner and which plans are on flle wlth the Planning Department mArked Exhibit Nos. 1 through 4; provided, however, that the ~roposec9 Italian Cypress trees shall be planted a m~x(mum of three (3) teet apart. 12. That the signago on subject property shail be Ifmitecl to one (1) monumont sign. 13. That operating hours shall be Ifmited as tollows: Monday throufll~ Friday: 6:00 a.m. to 6:30 p.m. 14. That tho maximum enrollment of cl~ildren, ages infant through 3rd gradH, shall be one hundred (100), 15. That the ~layground hours shall be limfted to 9:00 a.m. to 5:00 p.m. and th~t no more than twenty five (25) chlldren shall use the playgro~nd at one time. o 16. That prlor to lssuance of a building permit or within a pariocJ of one (1) year irom tfie date of !his resolution, whlchever occurs flrst, Condition Nos. 1, 2, 3, 4, 5, 7 and 8, above meri4(oned, shall be compHed wlth. Extensions for furlhEr time to complete said conditfons may be yranted In accordanco with Sectfon 18.03.090 of the Anaheim Mu7lcipal Cocio. 17. That prlor to final building and zoninp Inspectlons, Condklon Nos. 3, 4 and ti, above•mentloned, sl~all be complied with. 18. That approval of this applicatlon c~nstitutes approval of the proposed request only to the extent that it complfes with the Anaheim Mun(cipal Zoning Code and any other a{~pliceble City, State and f'~:~eral regulations, Approval doos not fnclude any actfon or findfngs as to compliance or epproval of the raqudst rec~ardfng any other appl(cable Ardinanae, rec~ulation or requfrement. BE IT FURTHER RESOLVED that tho Anahsim Ciry Planning Commisslon does hereby find and detormina that adoption of thts Resolution is expressly predicated upon applicant's comptipnce with each and all of tFie conditlons hereinabove set forth. Should any such condit(nn, or any part thoreof, be declarrid Invalld or unenforceable by tha final judgment cf any court oi con~pet9nt jurisdiction, then this Resolutlon, and any approvals lierefn ccntalned, shall bo deemeci null and vofd. -4- PC94-4 i THE FnREG01NG RESOLU710N wAS adopted at the Planning Commissfon meeting of March 21, 1994, ~~~> > CHAIRMAN ANAHEIM CITY P ING ~COMMI~SION A7TEST, ,~,~ I .l l ~,Q.n o'~J ,-~ /~. -~Z--~~,~., _ SFCRETARY, ,4NAHEft~1 CITY PIANNING COMMISSION ST;,TE OF CALIFQRNIA ) COUNTY OF ORANGE ) ss. CITY QF ANAHEIM ) I, Edith L. Harris, Socretary of the Anaheim Cfty Planning Commission, do hereby certify that the for~going resolutlon wes passed and adoptod at a meeting of the Anaheim City Planning Commission held on Marc:h 21, 199A, by the fullowing vote of the members thereof: AYES: COMMISSIONERS: BOYDSTUN, CAL~WELL, HEPltJINGER, MAYER, MESSE, PERAZA, TAIT NOE$: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this •~-~~ day of L(,~,~~~ , 1994. 1 ~ ~ ~' ~~ , ; ~..~~ ~ . ~ . .~~~~ SECRETARY, ANAHEIM CITY PLf1NNING COMMISSIAN .5. f'C94-4t