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91-223 RESOLUTION NO. 91R-223 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3403. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit to permit a pre-school for up to 240 children with waivers of the hereinafter specified provisions of the Anaheim Municipal Code on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 3 SOUTH, RANGE 9 WEST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 36; THENCE WEST TO A POINT, 195 FEET EAST OF THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO WILBUR E. RASEY AND WIFE BY DEED RECORDED JANUARY 15, 1944 IN BOOK 1230, PAGE 230 OF OFFICIAL RECORDS; THENCE NORTH 26° 01' WEST ALONG THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO MICHAEL C. BINDER AND WIFE BY DEED RECORDED MARCH 1, 1947 IN BOOK 1492, PAGE 86 OF OFFICIAL RECORDS TO A POINT 64.83 FEET SOUTHEASTERLY FROM AN INTERSECTION THEREOF WITH THE SOUTHEASTERLY LINE OF THE 100 FOOT STRIP OF I2~ND DESCRIBED IN DEED TO STATE OF CALIFORNIA, RECORDED JUNE 4, 1934 IN BOOK 680, PAGE 165 OF OFFICIAL RECORDS, SAID POINT BEING AN ARC OF A CURVE, CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 8454.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, FROM A TANGENT BEARING NORTH 46° 29' 11" EAST, THROUGH AN ANGLE OF 1~ 41' 55" AN ARCH DISTANCE OF 250.63 FEET TO THE INTERSECTION THEREOF WITH THE SOUTHWESTERLY LINE OF THAT CERTAIN 60 FOOT STRIP OF LAND DESCRIBED IN PARCEL 1 OF DEED TO HENRY F. DEL GEORGIO AND WIFE, RECORDED AUGUST 7, 1948 IN BOOK 1682, PAGE 364 OF OFFICIAL RECORDS; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE OF THE 60 FOOT STRIP CONVEYED TO DEL GEORGIO, TO THE EASTERLY LINE OF SAID SECTION 36; THENCE SOUTHERLY ALONG SAID EASTERLY LINE OF SAID SECTION 36 TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 3 SOUTH, RANGE CUP #3403 9 WEST, SAN BERNARDINO MERIDIAN, ACQUIRED BY THE STATE OF CALIFORNIA, BY A DEED RECORDED IN BOOK 2079, PAGE 160 OF OFFICIAL RECORDS OF ORANGE COUNTY, BOUNDED NORTHWESTERLY BY A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF SAID SECTION, SAID POINT BEING DISTANT ALONG SAID SOUTH LINE EASTERLY 29.10 FEET FROM THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS "NORTH 44° 07' 42" EAST 686.96 FEET" IN PARCEL 1 OF A DEED RECORDED IN BOOK 1731, PAGE 521 OF SAID OFFICIAL RECORDS; THENCE NORTHEASTERLY IN A DIRECT LINE TO THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS "SOUTH 25° 55' 27" EAST A DISTANCE OF 64.83 FEET TO THE INTERSECTION THEREOF WITH A CURVE" IN A DEED RECORDED IN BOOK 2285, PAGE 482 OF SAID OFFICIAL RECORDS. PARCEL 3: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 3 SOUTH, RANGE 9 WEST, SAN BERNARDINO MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF THE LkND DESCRIBED IN DEED TO FRANK MINISSALE AND WIFE RECORDED MARCH 13, 1970 IN BOOK 9238, PAGE 828 OFF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID LAND TO THE MOST SOUTHERLY CORNER OF THE ELAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED FEBRUARY 13, 1952 IN BOOK 2285, PAGE 482 OF SAID OFFICIAL RECORDS; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LAST MENTIONED LAND, BEING A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 8454.00 FEET, (A RADIAL LINE OF SAID CURVE PASSING THROUGH SAID MOST SOUTHERLY CORNER BEARS NORTH 43° 30~ 49" WEST) AND ITS NORTHEASTERLY EXTENSION TO THE NORTHWESTERLY TERMINUS OF THE COURSE SHOWN AS HAVING A DISTANCE OF 42.00 FEET MORE OR LESS ON THE MAP ATTACHED TO EASEMENT DEED RECORDED MAY 9, 1977 IN BOOK 12185, PAGE 1245 OF SAID OFFICIAL RECORDS; THENCE ALONG NORTHWESTERLY PROLONGATION OF SAID COURSE NORTH 38~ 07' 15" WEST 0.82 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 18.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 93" 48' 56" AN ARC DISTANCE OF 29.47 FEET TO A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF - 2 - CUP ~3403 8474.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02° 43~ 31" AN ARC DISTANCE OF 403.07 FEET TO THE SOUTHERLY LINE OF SAID SECTION 36; THENCE ALONG SAID SOUTHERLY LINE NORTH 89° 54' 12" EAST TO THE POINT OF BEGINNING; and 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. PC91-60 denying Conditional Use Permit No. 3403; 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 WHEREAS, at the time and place fixed for said public hearing, the City Council did hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports, and did consider the same; and WHEREAS, the City Council does find, after careful consideration of the action of the City Planning Commission and all evidence and reports offered at said public hearing before the City Council, that all of the conditions and criteria set forth in Section 18.03.030.030 of the Anaheim Municipal Code are not present for the following reasons: That the granting of the conditional use permit would be detrimental to the peace, health, safety, and general welfare of the citizens of the City of Anaheim. Said finding is based upon the following facts: 1. The proposed site is an irregularly-shaped parcel of land consisting of approximately 1.5 acres located at the southwest corner of Santa Ana Canyon Road and Mohler Drive, having approximate frontages of 406 feet on the south side of Santa Ana Canyon Road and 300 feet on the west side of Mohler Drive and further described as 111 South Mohler Drive. 2. The proposed site is zoned RS-A-43,000 (Residential, Agricultural) Zone. - 3 - CUP #3403 3. The Anaheim General Plan currently designates subject property for Hillside Estate Density Residential land uses. Subject property is located within the Scenic Corridor Overlay Zone. 4. Code permits child day care centers and private educational institutions in the RS-A-43,000(SC) Zone subject to the approval of a conditional use permit. 5. The waiver pertains to required minimum landscaped setback. Code requires a 15-foot setback, fully landscaped, for schools. Plans indicate a 6-foot landscaped setback along the southern property line adjacent to E1 Rancho Junior High School. 6. Petitioner has submitted revised plans proposing to construct a one-story, 19-foot high 12,880 square-foot building for a child day care center for 240 children. Revised plans (Revision No.1) indicate that the building contains office area, storage rooms, a snack area, and large class areas with moveable partitions. Revised plans also indicate a 24,000 square-foot playground at the southwest corner of subject property. 7. Petitioner indicates proposed hours of operation from 6:00 a.m. to 6:00 p.m. Monday through Friday. Petitioner indicates a maximum of 20 employees with two shifts of 10 people per shift° A maximum of 240 children will be enrolled in the facility. 8. Petitioner has submitted two alternative access points with revised plan. Submitted plans propose either one (1) 28-foot wide driveway diagonally aligned with the "T" intersection of Mohler Drive and Old Del Georgio Road to the east; the second alternative proposes two (2) 26-foot wide driveways from Mohler Drive. Plans indicate 33 proposed on-site parking spaces and a covered loading/unloading area. Code requires one (1) space per employee and a loading/unloading area for children. 9. Revised plans indicate approximately 35 feet of landscaped setback along Santa Ana Canyon Road, approximately 25 feet of landscaped setback along Mohler Drive and Old Del Georgio Drive, and a 6-foot landscaped setback along the south property line adjacent to E1 Rancho junior High School. (Code requires a minimum 15-foot landscaped setback.) 10. The primary character of the surrounding neighborhood is low density residential the land uses. The surrounding land uses to the proposed site are single-family residential to the west, north and east and institutional (public junior high school) to the south. 11. The proposed use would increase vehicle traffic in the immediate area by over 500 vehicle trips per day. 12. Said additional vehicle trips would add to the already congested public street system in the vicinity and constitute a - 4 - cup #3403 potential safety hazard and danger to school children in the vicinity. 13. Said increased traffic would add noise, congestion and addition safety hazards to the adjacent land uses and surrounding properties. WHEREAS, said application requests waivers of the following provisions of the Anaheim Municipal Code: SECTIONS 18.04.042.020 - Minimum landscape setback. and 18.21.063 - (15 feet required; 6 feet proposed) WHEREAS, the City Council does find, after careful consideration of the action of the Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waivers, that all of the conditions of Section 18.03.040.030 of the Anaheim Municipal Code are not present, and that said waivers should be denied, for the following reasons: 1. That there are no special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity because the proposed site is larger than most other parcels in the same vicinity and the applicant has failed to demonstrate that the character of the property has created a hardship which would justify a deviation from the code requirement. 2. That strict application of the zoning code does not deprive the property of privileges enjoyed by other property under identical zoning classification in the vicinity for the reason hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that said conditional use permit be, and the same is hereby, denied for the reasons hereinabove specified, and that the request to permit a pre-school for up to 240 children on the hereinabove described real property with waivers of the aforesaid provisions of the Anaheim Municipal Code be, and the same is hereby, denied. BE IT FURTHER RESOLVED that the time within which rehearings must be sought is governed by the provisions of Section 1.12.100 of the Anaheim Municipal Code and the time within which judicial review of final decisions must be sought is governed by the provisions of Section 1094.6 of the Code of Civil Procedure and Anaheim City Council Resolution No. 79R-524. - 5 - CUP #3403 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 9th day of July, 1991. ~YOR OF THE CITY O7 ~EIM ATTEST: CITY CLE~ OF THE CITY OF ANAHEIM JLW:dnl R34C3403.12 071191 - 6 - CUP ~3403 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. 91R-223 was introduced and adopted at a regular meeting provided by law, of the Anaheim city Council held on the 9th day of July, 1991, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Daly, Ehrle and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pickler AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 91R-223 on the 10th day of July, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 10th day of July, 1991. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA No SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution NO. 91R-223, duly passed and adopted by the City Council of the City of Anaheim on July 9, 1991. CITY CLERK OF THE CITY OF ANAHEIM