RES-1989-304RESOLUTION NO. 89R-304
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DENYING ADMINISTRATIVE
USE PERMIT (LARGE FAMILY DAY CARE HOME)
NO. 89-02.
WHEREAS, the Zoning Administrator of the City of Anaheim,
as the authorized designee of the Planning Director of the City of
Anaheim, did receive an application for an administrative use
permit pursuant to Chapter 18.10 of the Anaheim Municipal Code
from Kathleen and Delbert Swanson to permit a large family day
care home under the authority of Sections 18.26.030.036, 18.01.070
and 18.04.140 of the Anaheim Municipal Code and Section 1597.46 of
the Health and Safety Code of the State of California upon certain
real property located at 2426 Transit Avenue, Anaheim, California;
and
WHEREAS, the Zoning Administrator did give public notice
of said application within the time and manner specified in
Section 18.10.040 of the Anaheim Municipal Code and, as a result
thereof, did receive a timely request for a public hearing upon
said application; and
WHEREAS, the Zoning Administrator did hold a public
hearing upon said application, notices of which hearing were duly
given xn the manner required by law; and
WHEREAS, said Zoning Administrator, after due
consideration of all evidence and reports offered at said hearing,
did adopt Zoning Administrator Decision No. 89-35 approving
Administrative Use Permit (Large Family Day Care Home) No. 89-02;
and
WHEREAS, thereafter, within the time prescribed by law,
an interested party appealed the decision of the Zoning
Administrator to the City Council and caused the review of such
action at a duly noticed public hearing before the City Council;
and
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 testimony; and
WHEREAS, the City Council finds, after careful
consideration of the evidence and testimony offered at said
hearing that:
1. The use and building site fails to comply with the
applicable site development standards of the zone in which the
property is located for the following reasons:
(a) Said property is zoned RS-7200 which
establishes a development standard of 7200 square feet
for lots in such zone.
(b) Said property is a rectangularly-shaped parcel
of land consisting of only 6,155 square feet.
(c) Said property fails to comply with the site
development standard for the minimum square footage of
lot area for parcels in the zone in which located and
said property is too small in size to adequately
accommodate the proposed use.
2. The use fails to comply with all of the criteria and
standards established for such use pursuant to Section 18.04.140
of the Anaheim Municipal Code for the following reasons:
(a) Such use fails to comply with all site
development standards for the zone in which located
(RS-7200) for the reasons set forth in Finding No. 1
above.
(b) The proposed on-site vehicle loading and
unloading area is obstructed or obscured by the recurrent
parking and storage of a large recreational vehicle in
the driveway of the property.
3. The use fails to conform to the noise limitation
standards established in the Anaheim General Plan and Section
6.70.010 of the Anaheim Municipal Code for the following reasons:
(a) The City of Anaheim has adopted a General Plan
pursuant to the requirements of State law which Plan
contains a Noise Element.
(b) The Noise Element of the General Plan
establishes policies to (i) "develop acceptable noise
standards consistent with health and quality-of-life
goals and employ effective techniques of noise abatement
through such means as a noise ordinance, and (ii) protect
residential development occupants from unusually loud
exterior noise.
(c) Table I of the Noise Element establishes a
maximum permissible sound level standard generated from
or upon any property (when measured upon any
sound-receiving residential property) of 55 dBA between
the hours of 7:00 a.m. and 10:00 p.m. and that such noise
not exceed the standard plus 10 dBA for more than five
minutes during any one hour period.
(d) Section 6.70.010 of the Anaheim Municipal Code
generally prohibits the creation of sounds in excess of
60 dBA when measured at the property line.
(e) The proposed use will involve up to twelve
children upon the property on a regular basis between the
hours of 6:00 a.m. and 7:00 p.m.
(f) Such children would be permitted to play
outside after 8:00 a.m. daily and the noise collectively
generated by such play activity would exceed the noise
standards set forth in the Noise Element of the General
Plan and Section 6.70.010 of the Anaheim Municipal Code;
and
WHEREAS, the City Council further finds that each of the
hereinabove specified reasons independently is a sufficient basis
to deny this application, and that such application would be
denied by the City Council for each of the hereinabove specified
reasons independently.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that, for the reasons hereinabove stated, and for
each of said reasons independently one from the others,
Administrative Use Permit (Large Family Day Care Home) No. 89-02
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
Section 1094.6 of the Code of Civil Procedure and Anaheim City
Council Resolution No. 79R-524.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 18th day of July, 1989.
CITY CLERK OF THE CITY OF ANAHEIM
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3224L
072089
-3-
CLERK
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. 89R-304 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 18th day of July, 1989, by the following vote of the members thereof:
AYES'
COUNCIL MEMBERS' Daly, Kaywood and Hunter
NOES'
COUNCIL MEMBERS' None
ABSENT' COUNCIL MEMBERS' Ehrle and Pickler
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 89R-304 on the 24th day of July, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 24th day of July, 1989.
CITY CLERK OF THE CITY OF ANAHEIM
( SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 89R-304 duly passed and
adopted by the Anaheim City Council on July 18, 1989.
CITY CLERK OF THE CITY OF ANAHEIM