Resolution-PC 2001-169• .
RESOLUTION NO. PC2001-169
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04467 BE GRANTED
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:
LOT 2 IN BLOCK 1 OF TRACT NO. 135, "ELLIOTT-ANDERSON SUB," AS PER
MAP RECORDED AS PER MAP RECORDED IN BOOK 11, PAGE 24 OF
MISCELLANEOUS OF, 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 December 3, 2004 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 Section 18.45.050.120 to permit an extended hours pre-school and infant care
facility for up to 32 children with waiver of the following:
Sections 18.06.050.020.026.0264 - Minimum number of parkinQ spaces.
18.06.080 (8 spaces required;
and 18.45.066.050 5 spaces proposed and concurred with by the City Traffic and
Transportation Manager) ,
2. That the parking waiver, under the conditions imposed, will not cause fewer off-street
parking spaces to be provided for such 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.
3. That the 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.
4. That the waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed
use.
5. That the waiver, under the conditions imposed, will not increase traffic congestion within
the off-street parking areas or lots provided for such use because on-street parking is not permitted on
Anaheim Boulevard nor in the public alley to the rear of the property.
6. That the 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.
7. That the proposed use will not adversely affect the adjoining residential, office and retail
land uses nor restrict the growth and development of the area in which it is proposed to be located.
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8. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposed pre-school and infant care facility and outdoor playground area in a manner
not detrimental to the particular area nor to the peace, health, safety and general welfare.
9. 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.
10. That granting 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.
11. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report (EIR)
Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, 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:
1. That the hours of operation shall be limited from 6 a.m. to midnight daily, as stipulated by the
petitior~er.
2. That the subject day care facility shall be limited to thirty finro (32) children on-site at any time and
four (4) employees.
That the outdoor play area shall be utilized by children only during daylight hours.
4. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses.
5. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the current versions of Engineering Standard Plan Nos. 436, 601 and
602 pertaining to parking standards and driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said plans.
6. That a minimum of five (5) on-site parking spaces (including one [1] handicapped parking space)
shall be provided in conformance with the minimum dimensions for perpendicular parking stalls; that
said information shall be shown on plans submitted to the City Traffic and Transportation Manager
for review and approval; and that said parking spaces shall be provided on-site at all times.
7. That no compact or small car spaces shall be permitted.
8. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage area(s} shall be designed, located and screened so as not to be
readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be
protected from graffiti opportunities by the use of plant materials such as minimum one (1) gallon
sized clinging vines planted on maximum three (3) foot centers or tall shrubbery. Said information
shall be specifically shown on the plans submitted to the Streets and Sanitation Division for review
and approval.
9. Proposed Condition No. 9 was deleted at the Planning Commission public hearing.
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10. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to
the Public Works Department, Streets and Sanitation Division, for review and approval.
11. 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.
12. That prior to commencing operation of this business, a valid business license shall be obtained from
the Business License Division of the City of Anaheim Finance Department.
13. That the proposal shall comply with all signing requirements of the CG (Commercial, General) Zone
unless a variance allowing sign waivers is approved by the Planning Commission and/or City
Council. Any additional signage other than the existing six (6) foot high, nine (9) square foot
freestanding sign shall be subject to review and approval by the Commission as a"Reports and
Recommendations" item.
14. 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, and as conditioned herein.
15. 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. 5, 6, 8, 10 and 12, above-mentioned, shall be complied with. Extensions for
fiu~her-~ime to-eomplete said conditions may be gran~ed irt aeeordanee with Section 18.03:090 of the
Anaheim Municipat Code.
16. That prior to final building and zoning inspections; Condition Nos. 14 and 19; herein-mentioned, shall
be complied with.
17. 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 applicable ordinance, regulation or requirement.
18. That the fabric awnings shall be maintained in a"like new" condition.
19. That a six (6) foot high concrete block wall shall be constructed and maintained along the south
property line even with the front setback building line.
20. That the building shall be maintained in conformance with the design guidelines contained in
the Anaheim Colony Historic District Preservation Plan, dated 1999.
21. That granting of the parking waiver is contingent upon operation of the use in conformance with the
assumptions and/or conclusions relating to the operation and intensity of use as contained in the
parking demand study that formed the basis for approval of said waiver. Exceeding, violating,
intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in
the parking demand study, shall be deemed a violation of the expressed conditions imposed upon
said waiver which shall subject this permit to termination or modification pursuant to the provisions of
Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code.
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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 3, 2001.
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CHAIRPER N, ANAHEIM PLANNING COMMISSION
ATTEST:
~~ ~_a~.-~-- ~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, 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 December 3, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
~4BSTA4NED: COMMISSGOGV~RS:
ABSENT: COMMISSIONERS:
~1 IN WITNESS WHEF
~/e Cein ~ e -r , 2001.
ARNOLD, BRISTOL, EASTMAN, KOOS, VANDERBILT
NONE
BOYD~-T-~J-N
BOSTWICK
;EOF, I have hereunto set my hand this ~b T~ day of
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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