Resolution-PC 2015-013RESOLUTION NO. PC2015 -013
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO
CONDITIONAL USE PERMIT NO. 3468,
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00120)
(2219 & 2221 WEST ORANGE AVENUE)
WHEREAS, on November 4, 1991, and subject to certain conditions of approval, the
Planning Commission of the City of Anaheim (the "Planning Commission "), by its Resolution
No. PC91 -183, approved Conditional Use Permit No. 3468 (herein referred to as the "Original
CUP ") to permit a child day care center with up to 50 students in conjunction with an existing
church and private school at 2219 West Orange Avenue in the City of Anaheim, County of
Orange, State of California, which is generally depicted on the map attached hereto as Exhibit A
and incorporated herein by this reference (the "Property "); and
WHEREAS, on July 7, 1999, and subject to certain conditions of approval, the Planning
Commission, by its Resolution No. PC99 -127, approved an amendment to Conditional Use
Permit No. 3468 to amend a condition of approval to allow up to 75 child day care students
(herein referred to as the "1999 Amendment "); and
WHEREAS, the Original CUP and the 1999 Amendment shall be referred to herein
collectively as the "CUP ". The conditions of approval which were the subject of the Original
CUP, as amended and modified by the 1999 Amendment, shall be referred to herein collectively
as the "Previous Conditions of Approval "; and
WHEREAS, the Planning Commission did receive a verified petition to further amend
the CUP to permit an increase in the number of child day care students from 75 to 125 students
at an existing child care facility at the Property ( "Proposed Project "), pursuant to Section
18.60.190 (Amendment of Permit Approval) of Chapter 18.60 (Procedures) of the Anaheim
Municipal Code ( "Code "). Said amendment to the CUP is designated herein as Conditional Use
Permit No. 3468A; and
WHEREAS, the Property is currently developed with a church and child care facility.
The Property is located in the "T" Transition Zone and is subject to the zoning and development
standards contained in Chapter 18.14 (Public and Special - Purpose Zones) of the Code. The
Anaheim General Plan designates this Property for Corridor Residential land uses; and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources
Code Section 21000 et seq.; herein referred to as "CEQA ") and the State of California
Guidelines for Implementation of the California Environmental Quality Act (commencing with
Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State
CEQA Guidelines "), the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project; and
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WHEREAS, the Planning Commission finds and determines that the Proposed Project is
within that class of projects (i.e., Class 1 — Existing Facilities) which consist of the repair,
maintenance, and /or minor alteration of existing public or private structures or facilities,
involving negligible or no expansion of use beyond that existing at the time of this
determination, and that, therefore, pursuant to Section 15301 of the State CEQA Guidelines, the
Proposed Project will not cause a significant effect on the environment and is, therefore,
categorically exempt from the provisions of CEQA; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on February 9, 2015 at 5:00 p.m., notice of said public hearing having been
duly given as required by law and in accordance with the provisions of Chapter 18.60 of the
Code, to hear and consider evidence and testimony for and against the Proposed Project and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, the Planning Commission, after due inspection, investigation and study
made by itself and in its behalf, and after due consideration of all evidence and reports offered at
said hearing, does find and determine the following facts with respect to Conditional Use Permit
No. 3468A:
1. The request to permit the Proposed Project is an allowable use as a "Day Care
Center" within the Transition Zone under subsection .040 of Section 18.14.030 of the Code
provided that a conditional use permit is approved; and
2. The proposed amendment to Conditional Use Permit No. 3468 would not
adversely affect the adjoining land uses, or the growth and development of the area in which it is
proposed to be located because an increase in the number of students from 75 to 125 is consistent
with the operational characteristics of the original approval for a child day care facility; and
3. The size and shape of the site is adequate to allow the full development of the
child day care facility in a manner not detrimental to the particular area or to the health and
safety because the facility would be located within an existing building previously utilized as a
child day care facility.
4. The traffic generated by the child day care facility, as expanded, will not impose
an undue burden upon the streets and highways designed and improved to carry the traffic in the
area because the traffic generated by this use will not exceed the anticipated volumes of traffic
on the surrounding streets and adequate parking will be provided to accommodate the use.
5. The granting of Conditional Use Permit No. 3468A under the conditions imposed
will not be detrimental to the health and safety of the citizens of the City of Anaheim and will
provide a land use that is compatible with the surrounding area, subject to compliance with the
conditions contained herein.
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WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission, for the reasons
hereinabove stated, that Conditional Use Permit No. 3468A is hereby approved, thereby
amending the CUP and permitting up to 125 students at the child day care facility for the
Proposed Project.
BE IT FURTHER RESOLVED that, effective upon the effective date of this Resolution,
the conditions of approval attached to this Resolution as Exhibit B and incorporated herein by
this reference (the "Revised Conditions of Approval ") amend the Previous Conditions of
Approval and hereby replace the Previous Conditions of Approval in their entirety. All
references to the conditions of approval for the CUP and Conditional Use Permit No. 3468A
shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B , which
shall control and govern the CUP, as amended by Conditional Use Permit No. 3468A.
BE IT FURTHER RESOLVED that the conditions of approval described in Exhibit B
attached hereto, are hereby found to be a necessary prerequisite to the proposed use of the
Property under Conditional Use Permit No. 3468A in order to preserve the health, safety and
general welfare of the citizens of the City of Anaheim. Extensions for further time to complete
conditions of approval may be granted in accordance with Section 18.60.170 of the Code.
Timing for compliance with conditions of approval may be amended by the Planning Director
upon a showing of good cause provided (i) equivalent timing is established that satisfies the
original intent and purpose of the condition, (ii) the modification complies with the Code, and
(iii) the applicant has demonstrated significant progress toward establishment of the use or
approved development.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this
permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that the Planning Commission 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 condition, 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.
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BE IT FURTHER RESOLVED that approval of this application constitutes approval of
the proposed request only to the extent that it complies with the Code and any other applicable
City, State and Federal regulations. Approval does not include any action or findings as to
compliance or approval of the request regarding any other applicable ordinance, regulation or
requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
February 9, 2015. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
CH RMAN, PLANN OMMISSION
HE CITY OF ANNUMM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on February 9, 2015, by the following vote of the
members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, LIEBERMAN,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 9 th day of February,
2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2014 -00120
1 APN: 127 - 102 -21
W RAMM DR
IV
UNINC0RPORAi1 E D
ANAHEIM
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" 460'
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u0u Source: Recorded Tract Maps and /or City GIS.
Feet Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 3468
(DEV2014- 00120)
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E NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
GENERAL
1
A maxi mum of 125 students up to the age of 14 may be enrolled in the
Planning Department,
child day care facility at any one time.
Code Enforcement
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2
The day care hours of operation shall not overlap the hours of operation for
church activities.
planning Department,
Code Enforcement
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3
dur
On -going during project operation, no required parking areas shall be
Public Works, Traffic
fenced or otherwise enclosed for outdoor storage uses.
and Transportation
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4
Any graffiti painted or marked upon the premises or on any adjacent area
Planning Department,
under the control of the licensee shall be removed or painted over within
Code Enforcement
24 hours of being applied.
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5
The applicant is responsible for paying all charges related to the
Planning Department,
processing of this discretionary case application within 30 days of the
Planning Services
issuance of the final invoice or prior to the issuance of building permits
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for this project, whichever occurs first. Failure to pay all charges shall
result in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
6
The Applicant shall defend, indemnify, and hold harmless the City and
planning Department,
its officials, officers, employees and agents (collectively referred to
Planning Services
individually and collectively as "Indemnitees ") from any and all claims,
actions or proceedings brought against Indemnitees to attack, review, set
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aside, void, or annul the decision of the Indemnitees concerning this
permit or any of the proceedings, acts or determinations taken, done, or
made prior to the decision, or to determine the reasonableness, legality or
validity of any condition attached thereto. The Applicant's
indemnification is intended to include, but not be limited to, damages,
fees and /or costs awarded against or incurred by Indemnitees and costs of
suit, claim or litigation, including without limitation attorneys' fees and
other costs, liabilities and expenses incurred by Indemnitees in
connection with such proceeding.
7
The subject Property shall be developed substantially in accordance with
plans and specifications submitted to the City of Anaheim by the
planning Department,
applicant and which plans are on file with the Planning Department, and
planning Services
as conditioned herein.
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