Resolution-ZA 2002-23~'.
DECISION NO. ZA 2002:23
A DECISION OF THE ZONING ADMINISTRATOR
AMENDING DECISION NO. ZA 91-33, ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT. NO.3443
OWNER: Richard Ashley
9502 Feather Hill Avenue
Villa Park, CA 92672
AGENT: Jeff Groton
634 N. Costeilo
Orange, CA 92869
LOCATION: X229 East Lincoln Avenue
HEARING DATE: July 11, 2002, continued to August 8, 2002
OPPOSITION: No one indicated their presence at the public hearing in opposition to the propasai and
no correspondence in opposition was received.
REQUEST: Petitioner requests amendment to this conditional use permit to modify the approved
exhibits .and the conditions of approval to retain un-permitted accessory Irving quarters
for the previously-approved day care center {Miss MuffeYs Playhouse).
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 duty
noticed for and held on the date set forth shave, I do hereby find, pursuant to the Sections 18.02.030.030
through 18.02.030.035 of the Anaheim Municipal Code:
1. That Conditional Use Permit No. 3443 was approved on August 15, 1991, by Decision
No. ZA 91-33, to permit a day care center for a maximum of 50 children; that Condition No. 14 of said
Deasion specifies that the property shah be developed in substantially accordance with plans and
specifications labeled Exhibit Nos. 1 through 3; and that said approved plans do not show acxessory
living quarters in connection with the day care center.
2. That the business owner has submitted revised plans (Revision No.1 of Exhibit Nas. 1
"Site Pian" and 2 "Dwelling Unit Floor Plan") and requested approval of said plans in order to retain an
existing 1,230 square foot residential dwelling (currently being used as an accessory caretakers quarters}
located at the rear of the property, that the existing 2,400 square foot daycare center and outdoor
playground wilt remain as previously approved; and that no other changes or increases in the overall day
care center enrollment are proposed in connection with this request.
3. That the use, as amended, will not adversely affect the adjoining land uses and the
growth and development of the arealn which it is located because the accessory living quarters were
originaNy approved in 1960 in connection with Variance No. 1232 which a1k>t+ved said dwelling as a
second house on the property; and that the first house was converted to offices before being remodeled
for the day care center.
4. That the size and shape of the site for the use, as amended, is adequate to allow fuU
development of the use in a manner not detrimental to the particular area nor to the peace, health, safety
and general welfare.
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5. That the traffic generated by the use, as amended, will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area.
6. That amending this Conditional Use Permit, under the condit'rans imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has
reviewed the proposal to modify exhbits and amend the conditions of approval to retain an un-permitted
accessory living quarters (caretaker's quarters) in connection with the previously-approved children's day
care faality located on an irregulariy-shaped 0.54-acre property, having a frontage of 100 feet on the
north side of Lincoln Avenue and a maximum depth of 236 feet, being located 490 feet west of the
centerline of Paradise Lane, and further described as 2229 East Lincoln Avenue (Miss Muffet's
Playhouse); and does hereby determine that the previously approved Negative Declaration is adequate
to serve as the requirnd environmental documentation for this request upon finding that she has
considered said 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 amend Deasion No. ZA
91-33, adopted in connection with Conditional Use Permit No. 3443, to allow un-permitted accessory
living quarters. (a caretaker's dwelling unit} in connection with the. previousty-approved day care center for
a maximum of 50 children, subject to the following conditions (which conditions shall replace in their
entirety the conditions previously adopted in connection with Decision No. ZA 91-33):
1. That the petitionerlbusiness owner shall request an inspection of the existing caretaker's dwelling
unit by the Building Division to determine compliance with the minimum standards of the City of
Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as
adopted by the City of Anaheim; and that the appropriate pemnits shall be obtained from the City if
any work is necessary.
2. That the existing driveways on Lincoln Avenue shall be maintained with standard curb, gutter,
sidewalk and landscaping.
3. That plans shall be submitted to the City Traffic and Transportation Manager for review and approvaE
showing confomnance with the current versions of Engineering Standard Plan Nos. 436, 601 and
602 pertaining to parking standards and driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said plans.
4. That aA driveways on Lincoln Avenue shall be maintained with teri (10) foot radius curb returns as
required by the City Engineer in conformance with Engineering Standard No. 137.
5. That this day care center shall provide and maintain an on-site passenger loading and unloading
area acceptable to the City Traffic and Transportation Manager, that all children shaft be dropped off
and picked up from the on-site circular drhreway; that no children shall be dropped off or picked up
from Uncotn Avenue or from the public alley to the rear (north} of the property; and that the
petitioner shall so-inform all parents, guardians or others who drop off and/or pick up children. A site
plan shalt be submitted to the City Traffic and Transportation Manager for review and approval
showing said loading and unloading area.
6. That an automatic fire sprinkler system shall be maintained as required by the Fire Department.
7. That a fire alarm system shall be maintained as required by the Fire Department.
8. That trash storage area(s) shall be maintained in location(s) acceptable to the Public Works
Department, Streets and San'dation Division, and in accordance with approved plans on the wkh said
Department.
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9. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to
the Streets and Sanitation Division for review and approval.
10. That the proposal shall comply with alf signing requirements of the CO {Commercial, Office and
Professional) Zone unless a variance Mowing sgn waivers is approved by the Planning Commission
or City Council
11. That upon the cessation of this daycare business, the accessory caretaker's unit shall be either
demolished or converted into an office structure as originally intended under Conditional Use Permit
No. 1007, which was approved by the City Council on April 9, 1968.
12. That subject property shall be developed substantially in aocordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Revision No. 1 of Exhibit Nos. 1 and 2, and as conditioned herein.
13. That within a period of six (6) months from the date of this decision, Condition Nos. 1, 3, 5, 8, 9 and
12, above-mentioned, shall be complied with. Extensions for further time to complete said
conditions maybe granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
14. 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
This decision is made, signed, and entered into the file this 15th day of August, 2002.
G~~M' `:
Annika M. Santaiahti, Zoning Administrator
NOTICE: This decision shall become final unless an appeal to the City Council, in writing, accompanied
ay an appeal fee, is filed with the City Clerk within 5 da s 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 0)= SERVICE l3Y MAIL: i do hereby declare under penalty of perjury that on the date set
forth below, I did deposit, in the United States Maii, a copy of the decision to the applicant and did forward
a copy to the City`Clerk
DATE: August 15, 2002
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Tracking No. CUP 2002-04563
Patricia Koval, Sr. Word Processing Operator
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