Resolution-ZA 1990-107s + ~''
.DECISION OF THE ZONING-ADMINISTRATOR - ZA 90-107
HEARING DATE: November 1, 1990
PETITION: OC~IDITI~]~ USE PIIiNBT NA. 3348
CEQA STATUS: Negative Declaration
OPPOSITION:. No one indicated their presence at the public hearing in
opposition and no correspondence was received.
OWNER: KENNETH.SARVAK and VIC STAPF
424 Old Newport Boulevard, Newport Beach, CA 92663
LOCATION::- 2283 West Lincoln Avenue
REQUEST: Petitioner requests approval of a conditional use permit under
authority of Code Sections 18.12.050.040 and 18.44.050.120 permit a
day-care center with waivers of:
`(a) Sections 18.12.060:030 -' Maximum structural height.
-and 18.44:062.011 (2 feet 6 inches permitted 5 feet
°from RS-7200 zoning; 9 feet-
existing )
(b) Sections 18.12.060.030 - Required vard setback.
and 18.44.063:040 (minimum 10`feet required from
RS-7200 zoning;" 5 feet existing)
Having been .appointed Zoning Administrator by'the Planning Director to
decide the.above-referenced petition, pursuant to Anaheim Municipal
Code Section 18.12.020, and a public hearing having been duly noticed
for and held on the date. set forth above,' I do hereby find, pursuant to
the Sections 18.02.030.030 through 18.02:030.035 of the Anaheim
Municipal Code:
1. That the requested waivers are hereby granted on the. basis. that
there is a special circumstance applicable to the property which
does not apply to other property in the vicinity, said circumstance
consisting of the proposed day care center occupying an existing
building to be converted from office uses and that there will be no
exterior changes to the building involving structural height or
setback;,
2. .That the: proposed use is hereby granted for a maximum of sixty four
(64) children;, and that the proposed use is properly one for which
a conditional use permit is authorized by the, Zoning Code;
3. .That 'the proposed use will. not adversely affect the adjoining land
uses and the growth..and development of the area in which is
proposed to be located;
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Conditional Use Permit No. 3348.
Page.. 2
4. .That the size and shape of the site for the proposed use is
adequate to allow the full development of the proposed use in a
manner not detrimental to the particular area nor to the peace,
health, safety, and general welfare;
5. 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;; and
6. That the granting of the conditional use :permit under the
conditions imposed, if any, will not be detrimental to the peach,
health, safety and general welfare of the citizens of the City of
Anaheim.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning
Administrator has reviewed the proposal to permit a day care center
-.with waivers of-maximum structural. height and required yard setback on
a rectangularly-shaped parcel of,land consisting of approximately 0.41
acre, having'`a frontage of approximately. 80 feet on the north side of
Lincoln Avenue, having a maximum depth of approximately 226 feet, being
located approximately 200 feet west of the centerline of Monterey
Drive, and .further described as-2283 West Lincoln Avenue; and does
hereby approve the Negative Declaration upon finding that she 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.
Based. on the evidence and testimony presented to me, I do hereby
determine to approve Conditional Use Permit No. 3348, subject to the
following conditions:
1. * That prior to issuance of a building permit, the appropriate
.traffic signal assessment fee shall be paid 'to the City of
Anaheim in an amount as established by City Council resolution.
2. *'That plans shall be submitted, to the City Traffic Engineer for
his review and approval showing conformance with the latest
revision of Engineering standard Plan Nos. 436_and 602 pertaining
to parking standards. Subject property shall thereupon be
developed and maintained in conformance. with said plans.
3. That all parking spaces in front of the building shall be
designated "loading/unloading only".
4. That all. driveways shall be reconstructed to accommodate fifteen
(15) foot radius curb returns in conformance with .Engineering
Department Standards, as required by the City Traffic Engineer.
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Conditional Use Permit No. 3348
Page 3
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5. That a minimum twenty four (24) foot wide driveway shall be
provided, as required by the City Traffic Engineer.
6. That no drop-off area shall be permitted on Lincoln Avenue and
that all drop-offs and pick-ups shall take-place on subject
property.
7. That all four (4) employees shall park on the adjacent parcel to
the east of subject property; and that an unsubordinated
reciprocal access and parking agreement (including off-site trash
collection if approved; by the Streets and Sanitation Division),
in a-.form satisfactory°to the City Attorney, shall be recorded
with the Office. of the Orange County Recorder. Said agreement
may be tied to subject conditional-use permit and may terminate
if and when subject .conditional use permit is terminated by the
City of Anaheim. A copy of the recorded agreement shall then be
submitted to the Zoning Division.
8. * That fire sprinklers shall be installed in accordance with Fire
Department standards, if required by the Fire Department.
9. That a local °f ire 'alarm system shall be provided as required by
the Fire Department.
10.'* That, as=required by the Utilities General Manager, either:
(a) Street lighting facilities along Lincoln Avenue shall be
installed as required by the Utilities General Manager in
accordance with specifications on file in the Office of the
-Utilities General Manager. The above-required improvements
shall be installed prior to commencement-of the activity
herein approved.
OR
(b) A fee for street. lighting purposes shall be paid to the City
of Anaheim based on the length of street frontage along
Lincoln Avenue in an amount as established by City Council
resolution.
11. * That subject property shall be served by underground utilities,
if required by the Electrical Engineering Division..
12. *>That trash storage areas shall be provided and maintained in a
location acceptable to the Street Maintenance and Sanitation
Division and in accordance with approved plans on file with said
division.
13. 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 through 2:
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Conditional Use Permit No. 3348
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14. That the sidewalks, curbs and gutters along .Lincoln Avenue shall
be repaired as required by the City Engineer and in accordance
with standard plans and specifications on file in the Office of
the .City. Engineer.
15. That prior to issuance of a building permit,_or prior to
commencement of the activity herein approved, or within a period
of one (1) year from the. date of this decision, whichever occurs
first, Condition Nos. 1, 2, 7 and 10(b), above-mentioned, shall
be .complied with. Extensions for further time to complete said
conditions may be granted in accordance with Section 18.03.090 of
the Anaheim Municipal Code.
16. That prior to final building and zoning inspections or prior to
commencement of the activity herein approved, whichever occurs
first, Condition Nos. 3, 4, 5, 8, 9;, 10(a), 11,.;12, 13 and 14,
above-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. Conditions marked with an asterisk (*) are required
by established laws, codes, regulations :and agreements and are,
therefore, not subject to negotiation.
This decision is made,. signed, and entered into the file this eighth
day of November, 1990.
Annika.M. Santalahti
.Zoning Administrator
NOTICE: This decision shall become final unless an appeal to the City
Council, in writing, accompanied by_,an appeal fee, is filed with the'
City Clerk within 15 days of the date of the signing of this decision
or unless members of the City Council shall request to review this
decision within said 15 days.
DECLARATION OF SERVICE BY MAIL: I do hereby declare under penalty of
perjury that on the date set forth below, I did deposit, in'the United
States Mail, a copy. of the decision to the applicant. and did forward a
copy to the City Clerk. ~}
DATED: November 8, 1990 0" ~~2~ ~' ~~~~Y/k%2~~/J~
Pamela H. Starnes
Administrative Assistant
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