Resolution-PC 2007-103~ ~
RESOLUTION NO. PC2007-103
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
AMENDING RESOLUTION NO. PC2006-69, ADOPTED W CONNECTION
'' WtTH CONDITtONAL USE PERMtT N0. 2006-05118
(TRACKING NO. CUP2007-05237) .
(1401 $OUTH ANAHEIM BOULEVARD)
WHEREAS, the Anaheim 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:
PARCEL 2 AND 3 OF PARCEL MAP NO. 84-231, IN THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CAUFORNIA, AS PER MAP RECORDED IN BOOK 194,
PAGES 11-12 OF PARCEL MAPS, )N THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
WHEREAS, on August 7, 2006, the Anaheim City Planning Commission did, by its
Resolution PC2006-69 grant Conditional Use Permit No. 2006-05118 to permit a pre-schooi in an existing
office building; and :
WHEREAS, Condition No. 10 of Resolution No. PC2006-69 states:
10. That the maximum permitted enrollment of students shail be thirty (30).
WHEREAS, the applicant has requested an amendment to his conditional use permit to
modify Condition No. 10, to permit an maximum enroilment of forty-five (45) students, and
WHEREAS, the Pianning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on August 20, 2007, at 2:30 p.m., notice of said pubiic hearing having been duly given as '
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 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 requested amendment/modification of use is properly one for which a conditional
use permit is authorized by Anaheim Municipal Code Section 18.08.030.040.0402 (Day Care Centers).
2. That the use is compatible with an adjacent elementary school and the increased enrollment
will not adversely affect the adjoining land uses or the growth and development of the area in which it is
proposed as there is adequate parking and play area on-site to accommodate the number of students.
3. That the granting of the conditional use permit under the conditions imposed, will not be
detrimental to the health and safety of the citizens of the City of Anaheim and provides a convenient service
to residents as the pre-school will be adjacent to an elementary school.
4. 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.
5. That the size and shape of the site is adequate to allow the full development of the pre-
school in a manner not detrimental to the health and safety of the particular area.
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6. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to!the subjectpetition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING The Planning staff has
determined that the proposed project falls within the tlefinition of Categorical Exemptions, Section 15301, '
Class 1(Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the
requirement to prepare additional environmental:documentation. _
NOW,'THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby amend Resolution No. PC2006-69, adopted in connection with Conditional Use PermitNo. 2006-
05118 to approve the applicanYs request; and
BEIT FURTHER RESOLVED that the conditions of approval in'Resolution No. PC2006-69
are amended in their entirety to read as foliows:
Modifications identified in bold.
Within ninetv (90) davs from the date of this resolution the following conditions shall be complied
with:
1. That trash storage areas shall be provided and maintained in a location acceptable to thePublic Works .
Department, Streets and Sanitation Division and in accordance with approved plans on file with said
Department Said storage areas shall be designed, located and screened so as not to be readily
identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from
graffiti opportunities by the use of plant materials such as minimum 1-gallon size clir~ging vines planted on :
maximum 3-foot centers or tall shrubbery.
2. That the parking lot shall be re-surfaced and re-striped in conformance with City standards.
General Conditions:
3. That the maximum permitted enrollment of students shall be forty-five (45); however, future
increases in enrollment may be approved by the Planning Services Division upon evidence that
sufficient parking is provided for the number of students and staff.
4. That any signage shall be submitted to the Planning Services Division for review and approval. Any
decision by staff regarding signs may be appealed to the Planning Commission as a"Reports and
Recommendations° item.
5. 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 the time of discovery.
6. That all classroom windows shall be left clear and unobstructed, to allow an unimpaired line of sight by
a peace officer into the interior of the classroom during school hours. Said information shall be
specifically shown on plans submitted for building permits.
7. That there shall be no outdoor storage at the site.
8. That the existing unpermitted pole sign shall be removed. Said information shall be specifically shown
on plans submitted for building permits.
9. That subject property shalf be developed substantially in accordance with ptans and specifications
submitted to the City of Anaheim by the applicant and which plans are on file with the Planning
Department marked Exhibit Nos.1 through 4, and as conditioned herein.
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10. That approvaf of this application constitutes approvai 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. Approvai does not inciude any action,or findings as to compliance or approval of the '
request regarding any other applicable ordinance, regulation or requirement.
11. That 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 originai intent ,
and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and
(iii) the applicanYhas demonstrated significant progress toward establishment of the use or approved
development.
BE 1T FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressiy 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.
BE IT FURTHER RESOLVED that the applicant is responsible forpaying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice,
prior to commencement of the activity or prior to the issuance of building permits for this project, whichever'
occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the
revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of,
August 20, 2007. Said resolufion is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions = GeneraP' of the Anaheim Municipal Code pertaining to appeal procedures nd ma replaced
by a City Council Resolution in the event of an appeaL
CHAIRMAN PRO TEMP R, ANAHEIM P NNING COMMISSION
ATTEST:
~~~~e~'1ic+G
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on August 20, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, EASTMAN, FAESSEL, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BUFFA
IN WITNESS WHEREOF, I have hereunto set my hand this ~.T-~ day of
~Cr~~ , 2007.
i~% i~ ~''°/
S NIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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