Resolution-ZA 1997-10• • ~
DECISION N . ZA 97-10
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT NO. 3946
OWNER: Weir Canyon Corporate Center, LLC
160 South Old Springs Road
Anaheim, CA 92808
LOCATION: 160 South Id SprinQ~ Road
CEQA STATUS: CEQA Negative Declaration
HEARING DATE: June 19, 1997
OPPOSITION: No one Indicated their presence at the public hearing in opposition and no
correspondence In opposition was received.
REQUEST: Petitioner requests approval of a conditional use permit under authority of Code
Sections 18.12.050.040 and 18.41.050.060 to permit a 9,398 sq.ft. private
preschod/kindergarten facility with waiver of the fofiowing
,Sections 18.06.050.0212 - Minimum number of mina spaces.
1.06.050.0264 (2QQ required; 269 provided and concurred with
~8.~.a8o by the City Traffic and Transportation Manager)
and 18.41,0&6.050
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, 1 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 far which a conditional use permit is authorized by the
Zoning Code;
2. That the proposed use will not adversely affect the adjoining land uses and the growth and
development of the area In which n is proposed to be located;
3. 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;
4. That the trafffc 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 granting of this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health,. safety and general welfare of the cftizens of the City of
Anaheim;
6. 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 ail vehicles attributable to such use under the nom~ai ahd reasonably foreseeable
conditions of operation of such use;
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7. That the waiver, under the conditions imposed, will not Increase the demand and competRlon for
parking spaces upon the publk; streets !n the Immediate vicinity of the proposed use because
the request is minimal, amounting to only a 796 deviation from the number of spaces required by
Code for the proposed plus existing uses of subject property;
8. 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
{which property is not expressly provided as parking for such use under an agreement in
compliance with Section 18.06.010.020 of this Code);
9. That the waiver, under the conditions imposed, will not increase traffic congestion within the off-
street parking areas or lots provided for such use; and
10. 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.
CALIFORNIA ENVIRONMENTAL OUAIlTY ACT FINDINGS: That the Zoning Administrator has reviewed
the proposal to permit a 9,398 sq.ft. private preschod/kindergarten facNity on irregularly-shaped 4.15
acre property located at the southeast corner of Kaiser Boulevard and Oid Springs Road, with frontages
of approximately 280 feet on the south side of Kaiser Boulevard and 525 feet on the east side of Old
Springs Road (160 South Old Springs Road); and does hereby approve the Negative Dedaration upon
finding that she has considered the Negaih-e 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 signfficant effect on the environment.
Based. on the evidence and testimony. presented to me, 1 do hereby determine to approve Conditional
Use Permit No. 3946, subject to the following condftions:
That trash storage areas 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 saki Department.
2. That a plan sheet for solid waste storage and cdlection and a plan for recycling shall be
submitted to the Public Works Department, Streets and Sanitation Division, for review and
approval.
~ 3. That wrought Iron fencing and stucco pilasters shall be used to enclose the outdoor playground
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~~ :, area.
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4. That the maximum enrdtment of subject facility be limited to one hundred sixty eight (168)
students (preschool through kindergarten).
5, That a sign shall be posted In the passenger drop-off zone prohibiting parking in the drop-off
zone.
6. That a valid business license. shall be obtained from the Business License Division of the City of
Anaheim Finance Department.
7. That the landscaping on the slope adjacent to Weir Canyon Road shall be refurbished and
maintained, to the satisfaction of the Zoning Division ~ the Planning Department.
e. That all signs for this facility shall be limited to that approved by the .Zoning Administrator as a
"Reports and Recommendations item".
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9. That subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the petitioner and whk;h plans are on file with
the Planning Department marked Exhibft Nos. 1 and 2, and as condftloned herein.
10 That prior to commencement of the activity authorized by this decision or within a period of one
(i) year ftom the date of this decision, whichever occurs first, Condition Nos. 1, 2, 3, 5 6, 7, 8
and 9. above-mentioned, shall be complied with. Extensions for further lime to complete said
conditions may be granted In accordance with Section 18.03.090 of the Anaheim Municipal
Code.
11. That the granting of the parking waiver is contingent upon operation of the use In conformance
with the assumptions 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, vitiating,
intensifying or otherwise deviating from any of said assumptions, as contained in the parking
demand study, shall be deemed a violation of the expressed conditions Imposed upon said
waiver which shall subject this condftional use permit to termination or modfficatlon pursuant to
the provisions of Sections 18A3.091 and 18.03.092 of the Anaheim Municipal Code.
12. .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 indude any action or findings as to compliance or
approval of the request regarding any other applk;abie ordinance, regulation. or requirement.
This decision Is made, signed, and entered Into the file this 2fith day of June 1997.
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n a ant a
Zoning Administrator
NOTICE: This decision snail become final uNess an appeal to the City Counc~, in writing, accompanied
by an appeal fee, is filed with the City Clerk within ! 5 days of the date of the signing of this decision or
unless members of the City Counc~ 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 MaN, a copy of the decision to the applicant and did
forward a copy to the Clty Clerk.
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DATE: June 2fi, 1997 ~t-- ~-~~
Patricia Ann Koval
Word Processing Operator
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