Resolution-PC 96-90~ ~
RESOLUTION NO. PC96-90
A RESOLUTION OF THE ANAHEIM Clllf PLANNING COMAIISSION
THAT PE~ITION FOR CONDITIONAL USE PERMIT NO. 3861 BE GRANTED
WHEREAS, the Anaheim City Planning Commission dfd receive a verifled PetRion for
Condftlonal Use Permft for certain real property skuated in the Clty of Anaheim, County of Orenge, State
of Califomla, desc~ibed as:
Parcel 10 of Parcel Map No. 84-233, ln the City of Anaheim, County of Orange,
State of Callfomia, es Per map f~ed in Book 202, Pages 41 to 44, IndusNe of
Parc~l Maps in th~ offlce of the County Recorder of said County.
WHEREAS, the Cky Planning Commission dld hdd a publfc heartng at the Cfvic Center
in the Cfty of Anaheim on September 4, 1996 at 1:30 p.m., notice of said publ~ hearing having been duly
given as regufred b}~ law arxl in accordance with the provislons of the Anaheim Municipal Code, Chapter
18.03, to hear anci consider evkience for and against sald Proposed conditiona~ ~se PArmn and to
irnestigate and make flndings nzd recommendations in connectton therewith; and
WHEREAS, said Commission, after due inspection, irnestigation and study made by ftself
arxf in fts behaif, and after due consideratlon of ali evidence and reports otfered at said hearing, does flrxi
and determine the fdlowing facts:
1. That the proposed use Is ProPerly one for which a condiUonel use PeRnR Is autho~ized by
Anaheim Municipal Code Sections 18.03.030.010, 18.41.05G.060 and 18.41.050.150 to permit a tempurary
moduiar buAding in conJunction with an existing child dey care faciiity and private elemeMary school with
waiver of the fdlowfng:
,~,ectfon 18.84.062.012 - LJlinlm~m setback nom ~hilis~ie secondarv htahwav.
(50 feet required in the Scenic Corridor Zone Overtay; 4t feet proposed
between Monte Vista Road and the temporary modular buliding)
2. That there are speciai circumstanr~s appifcable to the properry, consisttng of Rs irregu!ar
shape and topography, which do not apply"to other ide~icaliy zoned propenies in the vicinfry;
3. That suict appllcaUon of the Zo~Ug Code deprNes the property of p~ivi~eges enjayed by
other properties under ideMlcal zoning dassification in the vk~iniry;
4. That the proposed expe~s~on of the ex~st~ng chpd day care faciliry and prMate elemeMary
school Is properly one fw which a corxlfttonal use permit is authorfzed bY the Zo^~ng Code; and that the
temporary morJular building, in whfch sald expansion wUl take piace, Is not Ifsted therein as being a
perrnitted use;
5. That the proposed use~ in conJunctlon wfth a prevlously approved child day care facAity
wpl not adversely affect the adJoining land uses and the growth and developmeM of tF-a area In whlch it
Is proposed to be located;
6. That the size and shape of the alte for the proposed use, in conJunction witn a prevlously
approved chpd day care facAfty, ls adequate to allow the full dev~lopmerd d the ProPosed use in a mar~ner
not deMmernal to the particular area nor to the peace, heaith, safery and gsneral weffare;
CR2728DM.WP -1- PC96-90
~ •
7, That the traffic ganerated by xhe proposed use wUl not impose en undua burde~ uPon the
streets and highways des(gned and improved to carry the Vaffic in modutar b~u ding since no addf~cional
parking impacis wpi o=^'!' due to the placemar~t of the temporary
students or tacutty are arrticipated related to ihis request;
8. That the grantirsg of the condiUonal use permft under the condRions imposed will not be
datrimental to the peace, heanh, safery arxl general welfare of the citizens o~ the CfcY of Anaheim; and
9. That no one ind~ated their presence at sak! Publ~ hearing in opposftbn~ and that no
~orrespondence was recefved In opposRion to the subJect petitton.
~~~ ~r ~~e vti„~ROhh"~h''TAL QUALITY AC? FlHpl~~a~ T~ Pfanning Dlrector's
authorized rE~presentaWe has determi~ed that the proposed ProJect falls within the deflnftion of Catego~l
Exemptlona, Class 15314, as deflned In the State EIR Gutdelines and is, the~e~°fe, ~t~°~ly ~empt
from the requiremeM to prepare an EIR.
NOW, THEREFORE, B~ R RESOLVED that the Anaheim CftY~ n~~ ~ ~~ h a~e her by
hereby grant subject Petft(en for ~ondiUonal Use Perm~, ~pon the fdlowin9
found to be a necessary prere~auisfte to the proposed use of the subJect proPertY in orcler to p~~rve the
safety and general welfare ai ihe Ckizens of the Cfty of Anaheim:
1. That this condftional use Permn sha~l explre two (2) years from tha date of thia resolu~lon, on
September 4, 1998•
2, That the petitioner ahall obtain all permits and 1'uPec~~ons, as required by the Cfty, for the temporary
modular building.
3. That no roof-mounted ~qufpment sha~~ be placed on the modular bupding.
4. That IandscaPe plans fdentifyln9 the slze, type a~d location of plar~t -natarials to screen the modular
buading from MoMe V~s~ R°ad shal~ be $ubmftted to the Zoning Dlvision for review and approval;
and that within thltry (3U) daY8 af~e~ ~~18Uon of the modular un~, the approved Iandscap~ng shall
~e planted, irtigated and ma~r~ta~~ed thereafter.
5. That no si9na9e~ other than small room klerrtiflcation signs, shall be pennltted on the modu~ar
building.
6. That any wa~l-mounted air corxlftloning equlpmerrt shall not be vis~We from Monte Vista iioad.
7. That prlor to issuance of buuding pertnits and pri~r to Installation d the temporary buUding, the
peikioner shall submit elevaUon Photographs dopicdn9 the actu~l ele~a~~ °f ~ PfOp°~ building.
elevadon p~an marked Exh btt No. 3pon ~e wfthuthe P~ann Ing Depart~rrtia~ co~formance wRh the
g. That concrete walkwaY$ leading to the doors of the Proposed buUding shall be installod to protect
landsc~iPed areas.
9. che a u opria e maJor thoroughfa ebend brld9e fee~shail be paid o the Ciry of Anaheim n an~amouM
a
as spACifted in the ma~or YhoraugMare and Br{dge Fee Pro9~ for u~e Footh~l/ stem
Transportatbn Corridor~ as establ~ed by C~Y COUncY rescaucion•
-2- PC96-9U
~ ~
10. That the applicable traffic signal assessment f~e st~all be pald to the City of Anaheim in an amourrt
estab!lshed by City CouncA Resolution.
11. That the appiicable fee shall be pa(d to the City cf Anaheim for Santa Ana Canyon Road wfdening
purposes, tn an amou~ as establtshed by the Ciry Councq.
12. That the petitfoner shall pay a tPafflc and transportatfon lmprovement fee to the Cfry of Anaheim,
7raffic Engineering Division, tn an amount estabitshed by the Cicy Councll resotutlon. Thls tae v~nll be
used to furrd traffic and transportation tmprovements within thls area lmpaated by this approval. Sak!
fee shali be subject to adJustment by the City Cauncd.
13. That use of the proposed modular buiiding shall be Iimfted to the students and faculty of the subJect
chAd day care and elementary school facility for Ubrary and computer ia~ -4ses oniy.
14. That subjeci property shall be developed substantially in accordance with pians and speciNcaiicr~ -_
submitted to the City of Anaheim by the petitioner and vrhich plans are on fUe with the Planning
Dgpartmerrt marked Exhibft Nos. 1 through" 3.
15. That pr(or to commencement d the acUviry authorized by this resdution. or prior to issuance of a
building permk, or wtthin a period of ane (1) yea~ from the date of this resdution, whichever occurs
flrst, CondiGon Nos. 4, 7, 9,10, 11 and 12, above-me~tioned, shall be comp!'sd with. ExtensAns for
further Urtte to complete satd condt2lons may 6e grantad in acc~dance with Sectfon 18.03.090 of the
Anaheim Munictpal Code.
16. That prior to the commencemerrt of the activiry authorized by this resolution or prta' to flnal building
and zoning inspectf~ns, whichever occurs ftrst, Condition Nos. 8 and 14, above-merrtianed, shall be
compiled with:
17. That approval of this appllca;ion constitutes a~iproval of the proposed request only to the exter~t that
R complies with the Anaheim Municipal Zonfng Code and any other applicable Ciry, State and Federal
regulations. Approval does not indude any action or flndings as to c:om~liance or approval of the
request regarding any other appilcable oniinance, regulation or requiremer~t.
BE IT FURTHER RESOLVED that the Anaheim City Planntng Commtsslon does hereby flnd
and detertnine that adoption of this ResoluNon is exprassly predicated upon applic~a~t's compliance wfth
each and all of the condfttons herefna~ove set forth. Should any such cond~lon, or any part thereof, be
dedared irnalid or unenfnrceable by the final judgment of any court o# compet9nt ju~Csdictbn, then this
Resolutton, and any approvals hereiR coMafned, s.hall be deemed nuli and void.
~- P(~6-90
~ ~
T4iE FOREGOING RESOUlTION was adopted t the Planning Commission meeting of
Septsmber 4, 19.96.
CHAIRMAN ANAIiE~M C! PLANNING COMMISSION
ATTEST:
/~.a~,~~~z~ ~~s~~""~
S~CRETARY, EIM CIN PLANNING COMMISSION
STATE AF CAUFORN+a )
COUNTY OF ORANGE ) ss.
CITY OF MIAHEIM )
I, Marga~ita Sdorio, Secretary of the Anaheim City Planntng Commtssion, do hereby cenNy
thiat the toregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on September 4; 1996, by the fdlowing vote of the members thereof:
AYES: COMMIS~IONERS: BOSTWICii, SnYDSTUN, BRISTOL, HENNINC~ER, MESSE, PERAZA
NOES: COMIMISSIONERS: NONE
ABSENT: COMMISSIONERS: MAYER
IN WfTNESS WHEREOF, I have hereurrto set my hand this ~(,1'= daY of n~"rn~ ,
1996 c~,nQ/1, ,',~ -
(~YMI Al ~'lI ) T.7GClwU
SECRETARY, EIM CITY PLANNING COMMISSION
^ -: -
~ PC96-90