92-199 RESOLUTION NO. 92R-199
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3526.
WHEREAS, the City Planning Commission of the city of
Anaheim did receive an application for a conditional use permit to
permit an educational institution (school) 24' x 60' in one
temporary school trailer for the children residing in an existing
children's board and care facility upon certain real property
located within the city of Anaheim, County of Orange, State of
California, legally described as:
PARCEL 1: THAT PORTION OF THE LANDS ALLOTTED
TO JUAN YORBA AND PAULA PERALTA DE CARLOS
DOMINGUEZ IN THE DECREE OF PARTITION OF THE
RANCHO SANTIAGO DE SANTA ANA, RECORDED IN BOOK
"B" OF THE JUDGMENTS OF THE 17TH JUDICIAL
DISTRICT COURT OF CALIFORNIA IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF THE
PARCEL OF LAND DESCRIBED IN PARCEL 1 OF THE
DEED TO KARL BAUER AND WIFE, RECORDED MARCH 18,
1959 IN BOOK 4631, PAGE 165, OFFICIAL RECORDS,
IN THE OFFICE OF THE COUNTY RECORDED OF SAID
ORANGE COUNTY AND RUNNING THENCE NORTH 78° 26'
40" WEST ALONG THE SOUTHERLY LINE OF SAID LAND
AND ITS WESTERLY PROLONGATION 459.68 FEET TO
THE WESTERLY LINE OF THAT CERTAIN 12.00 ACRE
PARCEL OF LAND SHOWN ON A MAP OF SURVEY
RECORDED IN BOOK 26, PAGE 20, RECORD OF
SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID ORANGE COUNTY THENCE ALONG THE WESTERLY
LINE OF SAID 12.00 ACRE PARCEL, SOUTH 11° 33'
20" WEST 329.13 FEET TO A POINT ON THE
SOUTHERLY BOUNDARY LINE OF THE 26.076 ACRE
PARCEL OF LAND SHOWN ON A MAP OF SURVEY,
RECORDED IN BOOK 14, PAGE 18, RECORD OF
SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID ORANGE COUNTY THENCE SOUTH 35° 32' 10"
EAST ALONG SAID BOUNDARY LINE 289.02 FEET TO AN
ANGLE POINT THEREIN; THENCE NORTH 45° 32' 00"
EAST 383.76 FEET TO AN ANGLE POINT IN SAID
BOUNDARY SAID POINT ALSO BEING IN THE
SOUTHWESTERLY BOUNDARY OF THE LAND DESCRIBED
IN THE DEED TO GARDNER A. SWENSON AND WIFE,
RECORDED SEPTEMBER 17, 1957 IN BOOK 4039, PAGE
55, OFFICIAL RECORDS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY, THENCE
NORTH 38" 12' 00" WEST ALONG SAID SOUTHWESTERLY
BOUNDARY 55.00 FEET TO THE MOST WESTERLY CORNER
OF SAID LAND THENCE NORTH 35° 13' 55" EAST
ALONG THE NORTHWESTERLY BOUNDARY OF SAID LAND
187.98 FEET TO THE POINT OF BEGINNING.
PARCEL 2: THAT PORTION OF THE LANDS ALLOTTED
TO JUAN YORBA AND PAULA PERALTA DE CARLOS
DOMINGUEZ IN THE DECREE OF PARTITION OF THE
RANCHO SANTIAGO DE SANTA ANA, RECORDED IN BOOK
"B" OF JUDGMENTS OF THE 17TH JUDICIAL DISTRICT
COURT OF CALIFORNIA DESCRIBED AS FOLLOWS:
BEGINNING AT AN ANGLE POINT IN THE SOUTHERLY
BOUNDARY LINE OF THE 26.076 ACRE PARCEL OF LAND
SHOWN ON A HAP OF SURVEY, RECORDED IN BOOK 14,
PAGE 18, RECORD OF SURVEYS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID ORANGE COUNTY SAID
POINT BEING AT THE NORTHERLY TERMINUS OF A
CERTAIN COURSE DELINEATED AS SOUTH 35° 32' 10"
EAST 485.10 FEET ON SAID MAP SAID POINT ALSO
BEING AN ANGLE POINT ON THE BOUNDARY LINE OF
THE LAND DESCRIBED IN THE DEED RECORDED OCTOBER
11, 1944 IN BOOK 1253, PAGE 313, OFFICIAL
RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY; THENCE SOUTH 24° 07' 00" EAST
ALONG SAID BOUNDARY LINE LAST MENTIONED, 511.12
FEET TO ITS INTERSECTION WITH THE SOUTHWESTERLY
EXTENSION OF THAT CERTAIN COURSE IN THE
SOUTHERLY BOUNDARY OF THE 26.076 ACRE PARCEL OF
LAND ABOVE REFERRED TO WHICH IS DELINEATED AS
NORTH 45° 32' 00" EAST 383.76 FEET, THENCE
NORTH 45° 32' 00" EAST 102.44 FEET TO THE
SOUTHWESTERLY TERMINUS OF SAID COURSE; THENCE
NORTH 35° 32' 10" WEST 485.10 FEET TO THE POINT
OF BEGINNING.
PARCEL 3: LOT 11 OF TRACT NO. 7733, IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 374,
PAGES 12 THROUGH 15 INCLUSIVE, MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
WHEREAS, the city Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at said
hearing, did adopt its Resolution No. PC92-92 granting Conditional
Use Permit No. 3526; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion, caused
the review of said Planning Commission action at a duly noticed
public hearing; and
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WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful consi-
deration of the recommendations of the City Planning Commission and
all evidence and reports offered at said hearing, that:
1. The proposed use is properly one for which a conditional
use permit is authorized by the Anaheim Municipal Code.
2. The proposed use will not adversely affect the adjoining
land uses and the growth and development of the area in which it is
proposed to be located.
3. The size and shape of the site proposed for the use is
adequate to allow the full development of the proposed use in a
manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
4. The traffic generated by the proposed use will not impose
an undue burden upon the streets and highways designed and improved
to carry the traffic in the area.
5. The granting of the conditional use permit under the
conditions imposed will not be detrimental to the peace, health,
safety and general welfare of the citizens of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 3526 be, and the same is hereby, granted
permitting an educational institution (school) in one 24' x 60'
temporary school trailer for the children residing in an existing
board and care facility on the hereinabove described real property,
subject to the following conditions:
1. That the developer shall apply for and obtain fireline service
and shall upgrade existing water service to the satisfaction
of the Water Engineering Division.
2. That a Plan Sheet for solid waste storage and collection and a
plan for recycling shall be submitted to the Department of
Maintenance for review and approval.
3. That if the subject trailer remains on the property for more
than one (1) year from the date of installation, said trailer
shall be fire sprinklered as required by the Fire Department.
4. That unless proof of exemption is submitted in compliance with
City Council Resolution No. 89R-440, the appropriate major
thoroughfare and bridge fee shall be paid to the city of
Anaheim in an amount as specified in the major Thoroughfare
and Bridge Fee Program for the Foothill/Eastern Transportation
Corridor, as established by City Council resolution.
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5. That the appropriate traffic signal assessment fee shall be
paid to the City of Anaheim in an amount established by City
Council Resolution No. 91R-193.
6. That the appropriate fee shall be paid to the City of Anaheim
for Santa Ana Canyon Road widening purposes, in an amount as
established by the city Council Resolution No. 89R-371.
7. That plans shall be submitted to the City Traffic and
Transportation Manager for his review and approval showing
conformance with the most recent versions of Engineering
Standard Plan Nos. 436 and 602 pertaining to parking standards
and driveway location. Subject property shall thereupon be
developed and maintained in conformance with said plans.
8. That subject trailer shall be permitted for a period of one
(1) year until August 3, 1993; and that time extensions may be
sought in connection with a duly noticed public hearing.
9. That subject property shall be developed substantially in
accordance with plans and specifications submitted to the City
of Anaheim by the petitioner and which plans are on file with
the Planning Department marked Exhibit Nos. 1 and 2.
10. That subject trailer shall be used for educational purposes by
the (not to exceed 30) resident children only; and that said
trailer shall be used only between the hours of 8:00 a.m. and
6:00 p.m.
11 That within a period of thirty (30) days from the date of this
resolution, the petitioners shall confer with all adjacent
residential property owners regarding the planting of
additional trees along the shared property lines. A
landscaped plan showing said trees (size, species and
locations) shall then be submitted to the Planning Department
for scheduling as a "Report and Recommendation" item on an
upcoming Planning Commission agenda.
12. That prior to commencement of the activity authorized by this
resolution, or prior to issuance of a building permit, or
within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos.i, 2, 4, 5,
6 and 7, above-mentioned, shall be complied with. Extensions
for further time to complete said conditions may be granted in
accordance with Section 18.03.090 of the Anaheim Municipal
Code.
13. That prior to final building and zoning inspections, Condition
No. 9, above-mentioned, shall be complied with.
14. That approval of this application constitutes approval of the
proposed request only to the extent that it complies with the
Anaheim Municipal Zoning Code and any other applicable City,
State and Federal regulations. Approval does not include any
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action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or
requirement.
BE IT FURTHER RESOLVED that the City Council does hereby
find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the
conditions hereinabove set forth. Should any such conditions, or
any part thereof, be declared invalid or unenforceable by the final
judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed
null and void.
THE FOREGOING RESOLUTION is approved and adopted by the
city Council of the City of Anaheim this 22nd day of September,
1992.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:lm
092392
rcup3526.12
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CiTY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution
No. 92R-199 was Introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 22nd day of September, 1992, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Pickler, Daly and Hunter
NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Ehrle
ABSENT: COUNCIL MEMBERS: Simpson
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 92R-199 on
the 23rd day of September, 1992.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 23rd day of September, 1992.
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Is the original
of Resolution No. 92R-199 was duly passed and adopted by the City Council of the City of Anaheim on
September 22, 1992.
CITY CLERK OF THE CITY OF ANAHEIM