Resolution-PC 94-99~$QLU7IQN N0. PC94-99
A RESOLU7iQN OF THE ANAHEIM CITY PtANNING COMMISSION
THAT PETI710N FOp CONDITIONAL USE PERMIT N0. 3701 BE GRANTED, IN i'AR'f
WHEREAS, the Anaheim City Planning Cammisslon did recefve e verHlod Petftlon (~r
Conditional Uss Permft for certaln reai property situated In the City of Anahelm, Counry af Orange, State
of CalHornia, deacribed ac:
ALL7HAT PORTION OF LAN~ ALLOTfED TO PAUL<. PERALTA DE DOMINGUEZ,
AS DESCRI~D IN THE FINAL DECREE l~F pARTITIQN OF THE RANCH
SANTIAGO DE SANTA ANA, WHICH WA8 EN'~ERFD SEPTEMBER 12, 19EIk3 IM
BOOK "B", PAGE 410 OF JUDGEMEM'S OF THE DI~TRICT COURT OF THE
17TH JUDICIAL DISTRICT IN AND FOR 1.05 ANGELES CG~UNTY, CALI~ORNIA
DESCRIDED AS FOL.IOWS:
CdMMENCING .~7 TME INTERSEI:TION OF THE SOUTHEASTERLY LiNE OF
PARCEL 1 OF LANO IN D~ED RECORDED JUNE 29, 1948, IN BOOK 188t, PAGE
222, AND RE•RECORDED JULY 30, 1948 IN sOOK 1678, PAGE 209 OF OFFICIAL
RECORDS, WI7H THE SOUTI~ERLY LINE OF SANTA APIA CANYON ROAD, 60
FEET WIDE, AS DE3CRIBED IN 800K 171, PA(3E 144 OF OFFICIAL RECARL~S;
THENCE NORTH Ot OEG. 03' 15' EAST 134.20 FEET RLONG SAIQ SOUI'HEP.LY
LINE UF SANTA ANA CANYON ROAD TO THE TRUE PCINT OF BEGINNINO OF
THIS DESCRIPTIQN, SAID POIyT OF BEGINNING BEING THE BEGINMING OF
A TANGENT CURVE CONCAVE NORTHERLY WITH A CEN7RAl. ANaLE OF 37
DEC,. 02' 45" AND A RADIUS OF 460 FEET; THENCE EA.~,TERLY 47.87 FEET
THROUGH A CENTHAL ANGLE OF 5 DEG. 42' 52' ALONG SAID CURVE TO Il'S
INTERSECTIUN WITH 7HE WESTEHLY UNE OF THAT CERTAIN 59 F007 STRIP
OF LAND AS CONVEYED t0 THE SANYA ANA VALLEY IRRI(3ATION COMPANY
BY DEED RECORDED OCTABER 9, 1947 IN HQOK 1536, PAGE 487 OF
OFFICIAI NECOROS; 7HENCE ALONG SAI~ WEStERLY LINE SOUTH 26 QEG.
49' 10' WEST 34.66 FEET TO AN ANGLE F~OINT THEREON; THENCE SOUTF! 6
DEG. 27' 35' V~lEST 135.18 FEET THENCE SQUTH 7 pEG. 5i' 35' EAST 140.41
FEET; THENCE SOUTH 33 DEG. 19' 25' WCST 141.1d FEET 70 A POINT 7NA"t
IS NORTH 33 DE~. t9' 25" EAS7 194.05 FEFI' FROM THE SOUTHWEST
TERMINU.ri OF A CC;URSE IN 7H'~ WEST LINE OF SAID 50 F00T STRIP HAVING
A BEARING OF ~fORTH 33 DEG. 19' 25' EAST hND A LENGTH OF 255.29 FEET;
TFiENCE LEAVI~IG SAID WES7ERLY UNE, NOR7H 11 DE(3. 44' 03' WEST 105.45
FEEI'; THEMCE NORTH 4 bEG. 27' 20' WEST 120.00 FEET; THENCE NORTH 0
vEG. 21' 5d" EAST 178.35 FEEt TU THE SOUTFf: RLY UtVE OF
AF~JREMENTIONED SANTA ANA CANYON ROAU, :~1 FEET WIDE; THENCF.
tJOHTH 81 DEG. 03' 15' EAST 72.J2 FEE7 TQ THE TRUE POIM OF BEGINNING.
THAT PORI'ION OF THE LAND ALL07TED 70 PAULA PERAL7A FE DOMINGUEZ
IN DECREE OF PARTITION UF TNE RANCHV SANTIAGO DE SANTA ANA,
RECOROED IN BOOK B OF JUDGMENTS OF THE 17TIi JUDICIAL DISTRICT
COUR i Of CALlPORNIA, LOCATED IN THE COUNTY OF ORANGt, STAYE OF
CALIFORNIA, DF.SCRIBEO A8 F01_I.OWS:
CR2153MS.WP .1. PC94•99
sEGINP~ING 1'f A POINT ON TFIE NORT'rIWES7ERLY IINE C1F THE RIGH7 CF
WAY GRANTED TO 7kE SAN7A ANA VALLEY IRRIGATION COMPANY BY DEED
RECORDED OCTOBER 9, 1y47, IN BOOK 1536, PAGE 487, QFFICIAL RECORDS
OF SAID ORANGE GOUNTY, SAID POINT B~ING 449.Ut FEE7' SOUTH 4~t DEG.
00' 30" N1EST OF A POINT 72.98 F~El' NORTH 38 DEG. 45' A2" WEST FRpM A
POINT ON THE CENTERLfNE OF SANTA ANA CANYON FiOAD DESCRIBEU IN
DEED RECOROED IN BOOK 171, PAGE 144, UFFICIAL RECORDS OF SAID
ORANGE COUNTY, SAIO POINT ON SAID CENTERLINE BEIPIG 728.55 FEEf
NORTH 14 DEG. 00' 30" EAST FROM A BqLT MARKING THE EAS'TcRN
TERMINUS OF A CURVE ON SAID CENTERLINE, SAIn CURVE BEING
DESIGNATED IN SAID DEED AS MAVING A RADIUS OF 450.Q0 ~EET AND
THROUCH A CENTRAL ANGI.E OF :~7 DEG. 02' 45" FROM SAID 1'OINT OF
BEGINNING; THENCE NORTH 40 I~EG. 07' 45" WEST, 1016.38 FE[T TO A POINT
ON TH~ NORTH LINE OF SAIO RANCNO 3ANTIAGO DE S,4NTA ANA; THENCE
SOUTH 40 DEG. 24' A3" WEST, 69.05 FEET TQ S7ATION NO. 36 S.S.A., SAID
STATION B~ING MARKED 70 BY A CONCRE7E MUNUIWENT; THENCE SOUTM
46 DEGREES 54' 3~" VJE~T ALONG SAlD RANCHA LINE 338.15 FEET TO A
POlNT fi6'.00 F~EEf NORTH 46 DEG. 54' 30" EAST FROM A 6 lNCH CONCRETE
AAONUMENT MAFlKINC STATION NO. 37 S.S.A., THENCE SOlJTH 28 dEG. 48'
30" F.f-ST, 637.82 FEFT; THENCF SOUTFI 0 DEG. 55' 00" WEST, 372.39 FFEf TO
A PdIN7 ON THE CENTERLINE OF SAID SANTA ANA CANYON FiOA~ AS
O~SCRIBED IN THE DEED ABOVE MENTIONED; THENCE fVORTH 81 DEG. 03'
15" EAST ALONG SAID CENTERLIN~ 251.00 FEET TO ThIE BECyINNING OF A
CURVE TANGENT CURVE TO 7HE NORTH WITN A RADIUS OF 450.00 FEEf;
7HENCC ALQNG SAID CUNVE A DIS7ANCE OF 7S.'16 FEtT THROU~SH A
CENTHAL ANGLE OF 9 D[G. 34' 10" TO A POINT ON THE NARTHWESTERLY
LINc OF SAI~ RIGFIT QF WAY Gf~ANTED TO 7FIE SANTA ANA VALLEY
IFiRIGATION COMPANY; THENCE NORTH 28 DEG. 49' 10" ~AST, 64.10 FEE7 TO
AN ANGI.E POINT 4N THE NORTHERLY UNE QF SAIO RIGNT OF W4Y;
7HENCE NOR7H 44 DEG. 00' 30" EAS'T, 433.52 FEEY ALONG ^AID NORTH~RLY
LINE OF SAID RIGHT OF WAY TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM ALL THAT PORTION LYING NQRTHERLY OF THE
SQU~HERLY RIGHT OF WAY LINE OF 7HE SANTA ANA CANYON RdAO, AS
DESCRIBED BY DEED RECORDED IN EOQK 1R61, PAGES ?32 THRAUGH 237
INCLUSIVE, OFFICIAL RECOHDS OF SAIU OfiANGE COUN'fY.
TNE Al301IE, WHICH WAS ACOUIRED BY GRANTORS PEN A DEEU RECURDED
AUGUST 4, 188U, IN BOOK 13680, PAGES 1101 THROUGIi 1103 INCLUSIVE, OF
THE RECORDS OF SAID ORANGE COUNTY.
AND
TME BELOW, WHICH WAS AC~UIH~D BY GRAN'TORS PER A RESdLUTION OF
THE CITY COUNTY OF THE CITY OF ANAHEiM, (RESOLUTION. 81R-329)
VACATING SAID U1ND PER DOCUMENT RECORDED AUGUST 19, 1961, IN
BOOK 14t87, PAGES 1t5~t THAOUGN 1157, INCLUSIVE, IN THE OFFICIAL
RECORDS UF SAIO t~RANGE CO:JNTY.
TIiP.T PORT;ON OF LAND ALLOTTED TO PAULA PERAl1'A DE DOMINGUEZ IN
DECfiEE OF PARTiTI~N OF'THE HANCHO SANTO DE SANTA ANA, RECORDED
IN BOOK '~3' OF JU~GEMEfv'TS OF THE 17YH JUUICIAL DISTRICT OF THE
COUR7 OF ~AUFOANIA, LOCATED IN THE COt1NTY OF ORANGE. STATE OF
CAlJFOi;NIA, DESCRIBED .4S FOLLOWS:
•2- PC9~1-99
ALL "ORTIOlJ OP TNE SANTA ANA CANYUN ROAD LYING $OUTHERLY
UF TF rJTEHLINE OF SAID SANTA ANA CANYON ROAD, AS SE'f FORTH iN
AN INSTnUUIENT RECORDED IN BOOK 971, PArE 144, OFFICIAL RECORDS QF
SAID ORANCiE COUNTY, ANQ LYING WESTERLY OF THE NOR7HWESTERLY
LINE OF TH~ HIGHT OF WAY GRANTEp 70 THE SANTA A~VA VALLEY
IRRIGATION COMPANY BY DEED RECORDED OC70BER e, 19~t7, IN BOUK
1536, f'AGE ~i87, OF SAiD OFFICIAL RCCOf~US.
RESERVING UNTO 7HE CITY OF ADJAHEIM, ALL ABUTTER'S HIGH7 OF ACCESS
TO SANTA ANA LEGAL DESCFlIPYION FOR THE PURTION OF THE S.A.V.I.
CANAL PfiOPOS"cD SALE TO WEST STR .F.ET DEVELOPMENT.
THAT PORTION OF LAND GRANTED TO THE SAf~TA ANA VALLEY IRRIGATION
COMPANY BY OF.ED RECOAQED OCTOBER 9, 19~37 IN 900K 1536, PAGE 487,
OF OFFICIAL RECORDS OF OFlANGE ~OUNTY BEGINNINd AT A PQINT QF
INTERS~CTION 4F THE NOIiTHWESTERLY RIGHT OF WAY LINE ESTABLISHED
IN SAID DEED AND THE SOUTNERLY RIGHT OF WAY UNE OF SAN7A ANA
CANYON ROAD PER QEED RECORDED IN BOOK 1661, PAQE 232, OF QFFICIAL
REGURDS OF ORANGE C:OUNTY, THE~ICE SOUTH 43 DEG. 50' 38" WEST 5.(i4
FEET, THENCE SQUTH 27 DtG. 39' 18" WEST 1~1.34 FEET, THENCE SOUTH
! DEQ, 17' S3" WEST 135.19', THENCE SAUTM 7 DEG, Ot' 27" EAS7 140.32',
THENCE NORTH 81 DEG. 35' 18' EAST 25.01', THENC~ NOR7H '7 DEG, 01' 27"
M/EST t36.57', THENCE NORTH 7 DEG. 17' 53" FAST 127.58', THE~ICE NORTH
27 DEG. 3S' 18" EAST 129.?7', THENCE NORTH 28 DEG. 48' 16" WEST 20.00 TO
THE POINT OF B[GINNING.
WHEREAS, the City Planning Commission did hold a public haaring at the Civic
Center in tho City of Anaheim on July 25, 1934 at 1:30 p.m., notice of sald public hearinq havinp baen duly
givon as roquireci by lew ancl In accordence wBh the provisions of the Anaheim Municipal Code, Chaptar
1b.03, to hoar and con~ider evldence for end ayainst sald proposod condftional use permft And to
Investigete and make findings and recommendations in connection thorewfth; and
WIiEREAS, said Commissinn, nker due inspectlon, irn~estfgatlun and study mada
by itself arxf in Its behaif, and aiter duo consideration of all evidence and reports offored at said hearing,
doos find and determine the (dlowing fects:
1. That the proposad use is properly one tor which a c~nditlonal use permit is authorized by
Anahefm Municipel Code SRCtions 18.03.U30.010 nnd 16.44.Q50.12~ to permit e chlld d~ay care facilfty in
two temporary trallers wfth wafver oi the foilowing:
ti n 18•84•062• 1~1 • inim g~y~L-al setback abu i~f nfl a Sconic Fxnrg~~wav.
1 f required; 3 fe~t prepos9d along 5anta Ane Canyon Hoad)
2. That thore aro speclal clrcumstances applicable to tho pro~rty consisting of its shape
which dues not apply to othsr identically zonect properties In ihe vicl~ity and that the proposal is to
temporarily establish the school In trailers durin~ ^onatruction ot the permanent facilfty;
3. That strict applicatiqn of the Zoning Code deprives tho property ot privllegos enjoyed by
other proparties under identical zonfng classiHcetfon In the vic(niry;
4. That the proposed chfld day care is property one for which a condltlonal uso permit Is
authorizzci by the Zoning Caie and that temporary trailArs are not Nstai thereln a8 being a permitted uso;
-3- FC94-99
~i..cr.,~ ~t.d..~ r~
5. That the proposed uso will nat advorsoly affact the ad~oining land usos and fhe growth and
development of the area in which it is proposed t~ bo located;
6. That the 31ze and shape of the slte for the proposed use Is adequate to allaw tf-e tull
development of ihe proposod use in a manner net detrimentai to the particular area nor to tho peace,
hoalth, saFety, and gonoral welfare;
7. 1'hat the traffic gor.orated by the pr~posed use will not impose an undue burden upon the
sfraets and highways des~gned and improved to carry the traffic fn the area;
8. That the flranting of the conditlonal use permit uridor the cunditions imposed will not bo
cletrimentnl to the peace, health, safety and genoral welfare of the citizons of the City of Anaheim; end
9. Thai two (2) peoplo fnd(catod thefr !~rosonr,e at sald public hearin~ in opposition; and thAt
no correspondence was recelved in oppositlon to the subJect petitlon,
CAUFOR~IA ENVIRANMCNTAL QUALITY ACT FI,I~pING: 7hat the Anahoim (;ity Plonning
Commission has raviewed the nropo~ai to permit a child day cere facility In two temporary trallers w(th
waiver of minimum structural setback ~butting a Scenic ~xpressway on an irregularly-~haped parcel of land
consisting of approxfmately 0.94 acre, havfng a frontage of appraxlmately 200 foet on the south side nf
Santa Ana Canyon Road, having a maximum deptti of appro~cimatoly 435 feet, belnq located approximatoly
515 ieet west of the cen!erlfne of Fairmunt Buulevard, and further described As 8270 E~st Santa Ana
Canyon Noad; and does here~,y approve the Negative Declaration upon finding that the declaration roflects
the independent Judgement of the lead agency and that it has considered the Nogative Declaration
toqether with any comments receivod during the pub!ic rev(ew process and furthor finding o~~ the basis
of the initiai study and any comments received that there is no substantial evidonce th~t the proJect will
havo a significant effect on the anvironment,
NOW, THEREFORE, BE IT RESOLVED that the Anahelm City P~anning Commfssion doe3
hereby grant subJect Petitfon for Conditional Use Permit, in part, upon the followinq conditlons which are
hereby tound to ba a necessary prerequisito to the proposed use of the subJect propert!/ in ordor to
preservo tha safety and general welfare of the Citizens of the City of Anaheim:
1. That th(s condit~onal use permit shall tarminate one (1) yoar from the date of this resuiution, on July
25, 1995.
'l. That the maximum enrollment nF subject tacility shall be forty eight (AS) stu~enta.
3. 7hat an on-site locatfon for loadfng and unloading chftdren shall be providefl In a manner acceptable
to the City Traffic and Tran~portation Mana,yer.
4. That plans shall be submftted to the City Traffic ~nd Transportation Manager iar his revfew and
Approva~ showing conformanco with the most current vorsfons of Enginoering Standard Pfan No3. 436
and 602 pertaining t~ parking standards and driveway locatfon. Subject property shall thereupon be
developed and malntained fn conformance with said plans.
5. That a s;reet imprc~voment plan shall be submitted to the E~igin~oring Dopartmerit to construct n
median island to pr~hlbit left turn movements on Sant~ Ana Canyon Road. Said medlan shall be
completad prior to occunancy of the :railors.
6. That the striping on Santa Ana Canyon Road shait be modiifed to prov(do adequate ingress and
ec~ress to subject sitd. Plans st~owing said Improvoment shall be submltted to trie C(ty TraNic
Engineering Soctfon tor review and approval prior.
.q. PC94-~J9
7. That a plan sheat for solld waste storage and collection, and a plan for recycling shall be submftted
to the Department of Malntenance for roview ar~d appraval,
e. That the dovelaper shall purchase the SAVI property (which fs Incorparated Into the approved site
plan) from the Clry of Anaheim. The developer shali submlt any purchase oifer to tha Real Proporty
Section of the Public Works Department for review and approval by tho City Council. {n tf~e evunt
the sale is nat ~approved, the site plan shall be revised to eliminate sald Cfty-owned propsrty.
9. That a lot Iine AdJustment shall be subml~ted to th~ Sulxlivision Section and approved by the Cfty
Engineer and thon recorded In tho 7ffice of the Orctnge County R~corder to adJust the property Iines
such that the bulldings Ile completely within one (1) parcol.
10. That subJect property shall t,e dev~loped substantially in accordance with p{ans and speciticatlons
submitted to the City of Anaheim by the petitioner and which plans are on file wfth the Planning
Qepartmont markec! ~xhibft No. 1.
11, That prlor to issuar~ce of a building permit or wfthifn a perlod af one (1) year from tne datd of thfs
reaulution, whichever occurs iirst, Condition Nos. 4, 5, 6, 7, 8, 9 and 14, horeln-mentionod, IIhaN be
complied with. Extenslons for further time to complote s~ld conditlons may be ~ranted in accordance
wfth Section 18.03.090 of thr~ Anahalm ~~Aunicip~l Cade.
12. Tliat prlor to final building ar~d zoning inspoctions, Cond!tion Nos. 3 and 10, abuve-mentloned, ~shall
be complled with.
13. 'That ~pproval of this applicstion constftutes approval af the proposed request only to the exient that
it com~lles with the Anaheim Municipal Zon(ng Code and eny other applicable City, State and Federal
regulations. Approvai does not include any action or 1lndings as to compllance or approval of the
requost rogarding any other applicable ordinance, repulation or requirement.
14. 7hat the sfte plan shall be revisod to reflect reloc~tlon of the temporary trallers as far south as
possible toward the existing wrought iron fence.
15, That wfthin a period of 4hirty (3U) days from the Cate of this rosolution, the ~roperty ownc~r/devotoper
shall post ~ ffiteen thousand doll~r ($15,000) bonJ to ei~s~re removal of the temporary trailArs et the
end of one (1) year when thls c~nditi~nal usR permit terminAtes,
BE IT ~URTHER RESOI.VED that the Anaheim City Plarniing Commissior does hereby find
and determine that adoptlan uf tliis Resolution is oxpressly predicated upon appliarant's r,omplience wftti
each arxl all of the conditlons herefnabove set forth. Should any such condl•~on, or any part theraof, be
declared invalid or unentorceable by tli~ final judgment of any court ot competent Jurisdiction, then this
Hesolut(on, anci any approvels herefn contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Plannfng Comrnis~fon meeting of
Juiy 25, 1994• ~ ~
~ / / _. ~~i.~ ' ~ ~2-C~-..,r
CFIAIRMAN ANAHEIM CITY PLAN G C MMISSION
ATTEST: ~
~. ~ -ub
SECRETA , ANAHEIM CITY PIANN{hG COMNifSSION
.5. PC94-99
«..._
STATE OF CALIFORNIA )
COUN7Y OF ORANGE ) ss.
CITY OF ANAMEIM )
I, Margarfta Snlorlo, Secretary of the Anat~elm City Planning Commission, do hereby certliy
that the foregoing resolution was passed and adoptod at a meeting of the Anahelm City Plannina
CommlaRion held on July 25. 1994, by the following vo3e of the mambors thereof:
AYES: COMMISSIQNERS: BOYDSTUN, CALDWELL, HENNINGER, ft4AYER, PERAZ4, TAIT
NOES; CUM~u115510NERS: NONE ~'i
ABSENT: COMMISSIONERS: MESSE ~ ;
IN WITNESS WH~REOF, ! have hereunto set my hand thls ~~ day of ~
- ~
, 1994. ~
~ ~ -.~ ~ c~. ~9Co a~ i
5ECRET RY, NAHEIM CITY PLANNING COMMISSION
~
~. F'C94-99