Resolution-ZA 1990-55,,
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DECISION OF THE ZONING ADMINISTRATOR - ZA 90-55
HEARING DATE: July 26, 1990
PETITION: CONDITIONAL USE PERMIT NO. 3309
CEQA STATUS: NEGATIVE DECLARATION
OPPOSITION: That approximately 45 people indicated their presence in
opposition, six people spoke in opposition, and petitions
containing 223 signatures in opposition were submitted at the
public hearing.
OWNERS: DONALD and BARBARA HECHT
21945 Cayuga Lane, Lake Forest, CA 92630
LOCATION: 212 North Dale Avenue.
REQUEST: Petitioner. requests approval of a conditional use permit under
authority of Code Sections 18.12.050.040 and 18.21.050.105 to
permit a pre-school for a maximum of 45 ,children with waiver of the
following:
Sections .18.04.042.020 - Structural setbacks and wards.
and 18.12.A60.050 (No parking or play areas permitted in
required side yards; parking and play
areas proposed)
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. proposed use is properly one for which a conditional use permit
is authorized by the Zoning Code;
2. That .subject property, in terms of its use as a childrens pre-school, is
at an unsuitable location because it is located on Dale Avenue (an
arterial highway) between the :off-set. intersection of Yale and Tyler
Avenues .which streets are less than 75 feet apart, that the proposed
vehicle drop-off and parking area. is in the yard. along Dale Avenue with a
single. driveway -providing entrance and exiting from Dale Avenue close to
possible traffic conflicts caused by vehicles entering Dale from both
Yale and Tyler Avenues, that the parking area design may encourage an
unsafe traffic condition- wherein drivers back into Dale Avenue because
they cannot easily turn around on-site and "head" out .onto Dale, :and that
said yard along Dale Avenue is not large enough to allow re-design of the
parking .area as a "circular" driveway wherein drivers could enter said
parking area and exit it continuously one-way.;
3. That subject property, as currently developed, is not suitable for use as
a childrens pre-school because (a) the 27 to 42-foot deep childrens play
- area abuts an existing single family residence along. almost the entire
east property line and the outdoor activities of 45 children will
potentially have an adverse noise and disturbance impact on said adjacent
single family residence and (b) that the size of the yard along Dale
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ZA 90-55
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Conditional Use Permit No. 3309
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Avenue in terms of its use as a parking and drop-off area is too small
because the 4 proposed parking spaces are in tandem to one another
thereby limiting their functionality, because lack of on-site turning
space may cause drivers to back their cars into Dale Avenue, and because
lack of on-site space may cause conflicts when drivers try to enter and
exit the drop-off area using the single driveway simultaneously;
4. That the proposed use will adversely affect the adjoining land uses and
the growth and development of the area in which is is proposed;
3. That the size. and shape of the site for the proposed use is not 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;
4. That the traffic generated by the proposed use will impose an undue
burden upon the streets and highways designed and improved to carry the
.traffic in the area; and
5. That granting of the conditional use permit will be detrimental to the
peace, 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 preschool with 45 children with waiver
of structural setbacks and yards on a rectangularly-shaped parcel consisting
of approximately 0.23 acre located at the southeast corner of Dale and Yale
Avenues, and further described as 212 North Dale 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
deny Conditional Use Permit No. 3309
This decision is made, signed, and en red into the file this second day of
August, 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 davs 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 ana aia forward a copy to the City Clerk.
DATED: August 2, 1990 ~ ~' ;K:~~~~'a~
Pamela H. Starnes, Executive Secretary
05438 2 ZA 90-55