Resolution-PC 2009-018RESOLUTION NO. PC2009-018
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND APPROVING
CONDITIONAL USE PERMIT NO. 2008-05381 WITH A PARKING VARIANCE
(116 SOUTH NOHL CANYON ROAD)
WHEREAS, the Anaheim City Planning Commission did receive a verified
PetiCion for Conditional Use Permit No. 2008-05381 to permit a Day Care Center in an existing
single-family residence with fewer parking spaces than required by Cade on certain real property
situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A",
attached hereto and incorporated herein by this reference.
WHEREAS, the applicant has requested to permit the proposed large family
daycare facility pursuant Co Code Section 18.04.030 of the Anaheim Municipal Code with a
variance of the following Code Section:
SECTION NO. 18.42.040.0].0 Minimum number of parking spaces.
(6 spaces required; 4 spaces proposed)
WHEREAS, the property proposed for the Day Caze Center is developed with a
single-family residence located in the Single-Family Residential (RH-3) zone, and the Anaheim
Genera] Plan designates Chis property for Low Density Residential land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civie
Center in the City of Anaheim on February 2, 2009, at 2:30 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 18.60, to hear and consider evidence for and against said proposed
conditional use permit with a parking variance and to investigate and make findings and
recommendations in connection therewith:
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 request to permit a Day Care Center for up to 20 students in an
existing single-family residence is properly one for which a conditional use permit is permitted
under authority of Code Section No. 18.04.030.040.0402 (Day Care Centers).
2. That the proposed Day Care Center, as conditioned herein, would not adversely
affect the adjoining land uses and the growth and development of the area in which it is proposed
to be located because the services provided are for the students only and day care uses are
compatible with the surrounding residential neighborhood.
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3. That the size and shape of the site for the Day Care Center is adequate to allow
the full development of the proposed use in a manner not detrimental to the particular area or to
the health and safety.
4. That 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 will provide a
land use thaC is compatible with the surrounding area.
5. That the above-mentioned variance, 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 Clte proposal under the normal and
reasonably foreseeable operation of such use because staff members will be picking up and
dropping off the students.
6. That the variance, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity, as indicated in
the parking demand letter provided by the applicant. Since the students are dropped off or
picked up, all of the parking demand will be provided on-site and will not increase the demand
for parking on the public streets.
7. That the variance will not increase the demand and competition for parking spaces
upon adjacent properties in the immediate vicinity of the proposed use since all parking is
contained on-site within the property boundaries.
8. That the variance will not increase traffic congestion within the off-street parking
azeas or lots provided for the proposed uses as ingress and egress to the site would be provided
via one driveway on Nohl Canyon Road.
9. That no one indicated their presence at said public hearing in opposition; and that
no correspondence was received in opposition to the subject petition.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 1 (Existing Facilities) as defined in the SCate CEQA
Guidelines, and is therefore, exempt from the requirement to prepare additional environmental
documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission for the reasons hereinabove specified, does hereby approve Conditional Use Permit
No. 2008-05381 with fewer parking spaces than required by Code, subject to the conditions of
approval described in Exhibit "B" attached hereto and incorporated by this reference, which are
hereby found to be a necessary prerequisite to the proposed use of the subject property in order
to preserve the health, safety and general welfare of the Citizens of the City of Anaheim:
BE IT FURTHER RESOLVED, that this permit is approved without limitations
on the hours of operation or the duration of the use. Amendments, modifications and revocations
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of this permit may be processed in accordance with Chapter 18.60.190 (Amendment to Permit
Approval) 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
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 for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice 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 Che revocation of the approval of [his application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of February 2, 2009. Said resolution is subject Co Che appeal provisions set forth in
Chapter 1$.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to
appeal procedures and may be replaced by a City Council Resolution the ent of an appeal.
~~~~
A
ARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
Planning Commission held on February 2, 2009, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL,
I{ARAHI, RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
February, 2009. ~---.
SECRETARY, ANAHE~GI PLANNING COMMISSION
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EXIIIBIT "A"
CONDITIONAL USE PERMIT N0.2008-05381
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EXHIBIT "B"
CONDITIONAL USE PERMIT N0.2008-05381
RESPONSIIiLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
PRIOR TO FINAL AND ZONING INSPECTIONS OR WCTHINA PERIOD OF ONE (Z)
YEAR FROM THE DATE OF THI5 RESOLUTION, WHICHEVER OCCURS FIRST:
1 The subject property shall be developed subsCantially in Planning
accordance with plans and specifications submitted to the
City of Anaheim by the applicant and which plans are an
file with the Planning Department marked Exhibit Nos. 1
Chrough 2, and as conditioned herein.
GENERAL CONDITIONS
2 Signs advertising subject business shall not be displayed Planning
outside of the building.
3 All commercial vehicles shall be required to be parked Planning
within the garage. The garage shall not be used for storage
and shall be maintained free of obsCnrction so that all three
parking spaces in the garage are useable.
4 This Day Care Center shall be limited to twenty (20) students Planning
and three (3) staff members.
5 The applicant shall complete aBurglary/Robbery Alarm Police
Permit application, Form APD 516, and return it to the
Police DeparCment prior to initial alarm activation.
6 The timing for compliance with conditions of approval may Planning
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(s),
(ii) the modification complies with the Anaheim Municipal
Code and (iii) the applicant has demonstrated significant
progress Coward establishment of the use or approved
development.
7 Extensions for further time to complete conditions of Planning
approval may be granted in accordance with Section
18.60.170 of the Anaheim Municipal.
8 Approval of this application constitutes approval of the Planning
proposed request only to the extenC 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.
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