Resolution-PC 2000-122• ~
RESOLUTION NO. PC2000-122
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2000-04271 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
LOTS 39,30, AND 31 OF TRACT NO. 483, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 17, PAGE(S)
20, INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on November 6, 200~0 at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for and against said proposed conditional use permit and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said 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:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.21.0~0.105 and 18.32.050.020 to expand and increase the
enrollment of an existing preschool facility with waivers of the following:
(a) Sections 18.04.042.020 - Institutional uses adiacent to a residential zone.
18.21.060 (minimum 15 foot setback required between institutional
and 18.32.060 uses and residential zones;
5 feet proposed between a preschool building and
adjoining RM-2400 zoning to the east, and no setback
proposed between the parking lot and adjoining RM-
2400 zoning)
(b) Sections 18.06.050.020.026.0264
18.06.080
18.21.066.010
and 18.32.066.010
(c) Sections 18.21.064
and 18.32.064
Minimum number of qarkinq spaces.
(17 required; 12 proposed)
Permitted encroachments into reQUired vards.
2. That waiver (a), minimum setback for institutional uses adjacent to a residential zone, is
hereby approved on the basis of the improv~ed site plan and the 6-foot wall along the east property line;
that there are special circumstances applicable to the property such as location and surroundings, which
do not apply to other identically zoned properties in the vicinity; and that strict application of the Zoning
Code deprives the property of privileges enjoyed by other properties under identical zoning classification
in the vicinity.
3. That waiver (b), minimum number of parking spaces, is hereby approved on the basis
that the City Traffic and Transportation Division has determined that the number of parking spaces
proposed will be adequate to accommodate all vehicles attributable to the proposed use under the normal
and reasonably foreseeable conditions of operation of the proposed use at this location.
CR4934PK.doc -1- PC2000-122
~ ~
4. That the parking waiver wilV not increase the demand and competition for parking spaces
upon the public streets, or upon adjacent private property, in the immediate vicinity of the proposed use
due to a sufficient amount of on-site parking spaces and loading and unloading areas being provided for
employees and visitors.
5. That the parking waiver will not impede vehicular ingress to or egress from adjacent
properties upon the public streets in the immediate vicinity of the proposed use.
6. That the parking waiver, under the conditions imposed, will not cause fewer off-street
parking spaces to be provided for the proposed use than the number of such spaces necessary to
accommodate all vehicles attributable to such use under the normal and reasonably foreseeable
conditions of operation of such use.
7. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposed use.
8. That the parking waiver, under the conditions imposed, will not increase traffic congestion
within the off-street parking areas or lots provided for the proposed use.
9. That the parking waiver, under the conditions imposed, will not impede vehicular ingress
to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed
use. .
10. That waiver (c), permitted encroachments into required yards, is hereby denied on the
basis that it was deleted following public no~ification.
11. That the 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.
12. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare.
13. That 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.
14. That granting of this 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.
15. That 3 people spoke in support of the proposal at the public hearing; that no one
indicated their presence in opposition; and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim City
Planning Commission has reviewed the proposal to expand and increase the enrollment of an existing
preschool facility with waivers of minimum setbacks for institutional uses adjacent to a residential zone,
minimum number of parking spaces and permitted encroachments into required yards on a rectangularly-
shaped 0.44-acre property having a frontage of 150 feet on the north side of La Palma Avenue and a
maximum depth of 130 feet, being located 175 feet west of the centerline of Onondaga Avenue, and
further described as 1839 to 1845 West La Palma Avenue (Happy Day Pre-School); and does hereby
approve the Negative Declaration upon finding that the declaration reflects the independent judgment of
the lead agency and that it has considered the Negative Declaration together with any comments
received during the public review process and further finding on the basis of the initial study and any
comments received that there is no substantial evidence that the project will have a significant effect on
the environment.
-2- PC2000-122
~
~
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, in part, upon the following conditions which
are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
That the hours of operation, as stipulated to by the petitioner, shall be limited to the following:
Preschool: 7:00 a.m. to 7:00 p.m. Monday through Friday
After-school: Kindergarten: 2:00 p.m. to 7:00 p.m. Monday through Friday
1st-6th grade: 3:00 p.m. to 7:00 p.m. Monday through Friday
2. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event
that it is removed, damaged or diseased and/or dies.
3. That signage for the proposal shall be limited to the existing wall sign located on the south fa~ade
(facing La Palma Avenue), unless a proposal is submitted to the Planning Commission for
consideration as a"Reports and Recommendations" item and approved.
4. That any existing or proposed roof-m~unted equipment shall be subject to the requirements of
Anaheim Municipal Code Sections 18.21.030.066 and 18.32.020.066 pertaining to roof-mounted
equipment in the RS-A-43,000 and RM-2400 Zones.
5. That gates shall not be installed across any driveway in a manner which may adversely affect
vehicular traffic in the adjacent public street or alley. The existing gates shall conform to
Engineering Standard Plan No. 609 and shall be subject to the review and approval of the City
Traffic and Transportation Manager.
6. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
7. That the on-site landscaping and irrig~ation system shall be refurbished and maintained in
compliance with City standards.
8. That a minimum of finrelve (12) on-site parking spaces and five (5) drop-off/pick-up spaces,
conforming with the minimum dimensions for both parallel and perpendicular parking stalls, shall be
provided on-site at all times.
9. That, if required by the Urban Forestry Division of the Community Services Department, street trees
shall be installed by the property owner within the public right-of-way along La Palma Avenue. The
size, type and number of trees shall be provided to the satisfaction of the Urban Forestry Division.
10. That the maximum number of preschool and after-school children on the premises at any time shall
be ninety (90), as stipulated to by the petitioner.
11. That the proposed increase in enrollment to ninety (90) children is subject to compliance with the
square footage requirements for interior instruction areas and exterior play areas mandated by the
State of California.
12. That a Lot Line Adjustment plat to combine the two (2) existing lots so that all existing buildings lie
completely within one (1) parcel shall be submitted to the Subdivision Section (Development
Services Division) of the Public Works Department and approved by the City Engineer, and then
recorded in the Office of the Orange County Recorder.
-3- PC2000-122
• •
13. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval showing conformance with the most current versions of Engineering Standard Plan Nos.
402, 436, 602 and 604 pertaining to parking standards and driveway locations. Subject property
shall thereafter be developed and maintained in conformance with said plans. Said information
shall be specifically shown on the plans submitted for building permits.
14. That no compact or small car parking spaces shall be permitted.
15. That the 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 Revision No. 1 of Exhibit No. 1, and Exhibit Nos. 2, 3 and 4, and as
conditioned herein.
16. That 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. 12, 13 and 14, above-mentioned, shall be
complied with. Extensions for further time to complete said conditions may be granted in
accordance with Section 18.03.090 oif the Anaheim Municipal Code.
17. That within a period of sixty (60) days from the date of this resolution, Condition Nos. 4, 5, 7 and 9,
above-mentioned, shall be complied with.
18. That prior to final building and zoning inspections, Condition Nos. 9 and 15, above-mentioned, shall
be complied with.
19. 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 action or findings as to compliance or approval
of the request regarding any other ap;plicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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.
THE FOREGOING RESOLUTION was adopted at the P~ning Comi'ni~sion meeting of
November 6, 2000. ~~ / ~
CHAIRPERSON,
ATTEST:
. ~~r~~'w`~'
SEC ETARY NAHEIM CITY PLANNING COMMISSION
CI ' ANNING COMMISSION
-4- PC2000-122
~ ~
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on November 6, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
~
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
eG~~ , 2000.
~~
SE ETA , ANAHEIM CITY PLANNING COMMISSION
-5- PC2000-122