PC 80-186.~ • _ ~
R[SOLUT101~ I10, PC~O-li<
A RESOLUT I OM OF TNE Ah:ANE I'1 C I TY PLA~JPJ 1'!G C011"11 SS I ON
THAT PETITI(1M FOR COilDITIOWAL USE PERMIT ~~0. 7_12j BE fRA~ITEf1, I"1 PART
WFIEREAS, the Anaheim CitY Planning f,ommission did receive a verified
Petition for Conditional Use Permit from ~IATTNEW T. NUf;EtIT A!ID CtIERI G. MUGENT, 856
South Walnut Street, Anaheim, California, ?28~'12, owners, and CH[2LFP:E 1d~LLIA~IS AN?
t1AXI~dE SWAIId, 940 ?lantucket Street, La hlahra, California ~1~636, agents, of certain
real property situated in the City of Anaheim, County of Orange, 5[ate of California,
described as:
That portion of Lot 31 of Anaheim Extension, City of Anaheim, as
sho~~m on a map of survey made by l•!i 11 iam Flamel and f i led in the
Office of the County Recorder of Los Angeles County, California,
particularly described as follov;s: That portion ~f Lot 3~ of
Anaheim Er.tension, as shoam on a r:~ap of survey by William Flamel, a
copy of o~hich is shown in book 3, Pages 1F~2 to lE4 inclusive of
"Los Angeles County P1aos", in the Office of the County Recnrder of
Orange County, California described as follows: E3e~inninc~ at the
intersection of the center line of blalnut Street, (60 feet ~~~ide1,
and the Westerly prolongation of the Southerly line of Tract No.
139l+, as shoa~n on a map recorded in book 5~~, paaes ~!7, 1~3 and !f~
of Miscellaneous Maps, records of Oranqe County, California;
thence along said southerly line t•lorth 71E ~leg. 16' 15" East 2ER,17
feet; thence at right angles thereto, South 15 deg. ~F3' 45" East
116.50 feet; thence at ri~ht angles thereto, South ?~! deg. 1F' 15"
West 300.28 feet to a point in said centerline ~f Walnut Street;
thence along said center 1 ine tlorth 0 deg. 1~' 1~3" b!est, T2~,Rli
feet to the point of heginning.
WHEREAS, the City Planning Commission did hold a puhlic hearina at the City
Hall in the City of Anaheim on Octoher 20, 1900, at 1:3~ P.m „ nntice of satd puhlic
hearing having been duly given as required hy lao~ and in accordance t~~ith the
provisior.s of the Anaheim Municipal Code, Chapter 13.03, to hear and consider
evidence for and against said proposed conditional use permit and to investioate and
make findings and recommendations in connection therewith; said public hearing h~ving
been continued to the °lanninq Commission meeting of November 3, 1~~(1; and
WHEREAS, said Commission, after due inspection, investigation and study made
by itself and in its hehalf, and after due consideration of all evidence and reports
offered at said hearing~ does find and determine the follo~~ing facts:
1. That the proposed use is properly one f~r which a conditianal use
permit is authorized by Anaheir~ Municipal Code Section 1~3.^1.C?5~.1!15 to wit: to
p~rmit a pre-school in the RS-A-43,~00 (Resident+al/Agricultural) Zone aith ~•raiver
of:
SF.CTIOt~ 1f3.0~~,043.102 - Mar.imiim fence heiaht.
f2 inches permitted in front sethack;
e~ et proposeu)
PC3~-18G
2. That the requested ~•~aiver is herehy granted to oro~iide for the
ehildren's safety and on the hasis that denial ~:r~uld deprive su!,ject property of a
privilege er.joyed by other property o~:mers along arterial hi~haiays.
3. That the proposed use is hereby granted for ~+ maximum of ninetv (9f~)
children in tlie existing structure. ~
~+. That the hours of o~eration shall typically bc ~:3~ a.m. to L:O~ p.m.,
Monday through Friday.
5. That all employees shall be required to park in on-site aarkinq soaces.
6. That any mini-buses providing student transportation to and from the
pre-scfiool must be parked either on-site or at another off-site location and shall
not be parked on the streets in this residential area. A mar.imum of six (6) mini-
buses may be parked on-site,
7. That any open house or other oarent-attended activities sfiall be
limited at any one time to the parents of a maximum of ten (1~) students.
~. That the proposed use, as granted, ~~ill not adversely affect the
adjoining land uses and the gra~~th a~~d develo~ment of the area in 1•~htch it ts
proposed to be located.
9. That the size and shape of the site proposed for the use, as grante~l,
is adequate to allow the full development of the proposed use in a manner not
detrimer.tal to the particular area nor te the peac~, health, safety, and general
welfare of the Citizens of the City of Anaheim.
10. That the Conditional Use Permit, as granted, and under the conditions
imposed~ will not be detrimental to the peace, health, safety and qeneral v~elfare of
the Citizens of the City of Anaheim.
11. That the traffic generated by the proposed use o-~ill not impose an undue
burden upon the streets and higho-+ays designed and improved to ~arry the traffic in
the area.
12. That thirty-six (3~) ~ersons indicated their oresence at said pubitc
hearing in opposition; and seven (7) persons indicated their presence in favor of the
request; and that a petition was submitted containing 4~1 signatures in opposition to
th.: subject petition.
EfJVIROMMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has
reviewed the proposal to permit a pre-school for a maximum of ninety (90) children in
the RS-A-43,000 (Residential/Agricultural) Zone with i•iaiver of maximum fence height
on a rectangu)arly-shaped parcel of land cansisting of approximately 0.7 acre located
at the northeast corner of Beacon Avenue and 4lalnut Street, havinq frontaGes of
approximately 260 feet on tfie north side of 9eacon AvenuF and 12~ feet on the east
side of Walnut Street; and does hereby approve the Flegative Declaration fr~m the
requirement to prepare an envtronmental impact report on the hasis that there would
be no significant individual or cumulative adverse envlronmental impact due to the
approval of this Negative Declaration since the AnahelM General Plan desiqnates the
-2- Pcsn-,a6
subject property for loa~-densiky residential land uses commensur•ate with the
proposal; that no sensitive environmental imoacts ~re involved in thP pro~o5a1; that
the Initial Study submitted hy the peti'ioner indicates no significant inclividual or
cumulative adverse envirnnmental imnacts; and that the Negative Declaration
substantiating the fore9oing findi~gs is on file in the City of ~nahetm Planning
Depa~tMent.
MObl, TFIEREFORE, BE IT RESOLV[D that the Anaheim City Planniny Commission
does hereby grant, in part, subject Petition for Co~ditional Use Permit, up~n :he
following conditions a~hich ~re hereby found to be a necessary prere~u(site to the
Proposed use of the suhject propertv in order to ~reserve the safety and nene~al
welfare of the CitizPn, of the Clty of ~naheim: "
1. That the proposed pre-school shalt comply ~•~ith all signing requirements
of the RS-A-43,000 (Residenttal/Ayricultural) Zone.
2. That subject property shall he developed substantially in accordance
with revised plans to be submitted to the City of Anaheim elimTnating all buildings
other than the existing ones. If revised plans include any a~iditions to the existfng
structure, said revised plans shall b~ reviewed and ~pproved hy the Planning
Commtssion.
3. That the existing driveway on l•lalnut 5treet be closed and standar~! curh
and gutter be instalied per recommendation of the Traffic Engineer.
4. That Condition PJos. 1, 2 and 3, ahove-mentionecl, shall 6e complied o-~ith
prior to final buiiding and zoning inspections.
5. That there shall be a maximum of ninety (9G) children in the existing
structure.
6. That the hours of operation shall typically he 6:3'l a.m, to C:O~ p.m.,
Monday thr~u~h Fridav.
7. That all employees shall park in the on-site parl•ing spaces.
c3. That any mini-buses providfn9 stucle~it transportation to and from the
pre-school must be parked either on-site or at another nff-site ioc~tion and shall
not be parked on the streets in this residential area. A maximum of six (6) mini-
buses may be parked on-site.
9. That a~y open house or other parent-attended activities shal) he
limited at any one time to the parents of a maximum of ten (10) students.
BE IT FURTHER RESOLV[D that the Anaheim City Plannin9 Commission does hereby
find and determine [hat adoption of this Resolution is expressly predicated upon
aPPlicant's compiTance a~ith each and all of the conditions hereinabov~ set forth,
Should any such condition, or any part thereof, be declared invalid or unenforceabie
bY the final judgment of any court of competent juriscliction, then this Resolution,
and any approvals herein contained, shal) bP deemed null and void.
THE FORE,OING RE.SOLUTI0IJ is
bJovember, 193%~.
ATTEST:
si~ned and anpr~ved by me this 3rd day o`
_ ~~~ut~.(l/Y ~~ ~ Q ~
CNAIRMAN, ANAHfIM CITY PLANNING coMnissi~r~
Jr,~,
ECR , ~ ~ ~~SION -3-
PC;;O-18G
STATE OF f,AL I FOR!! I A )
COUNTY OF ORAP~GE ) ss.
CITY OF ANAHEIH )
I~ Edith L. Harris, Secretary of the Anaheim City Planning Con,misston, do
hereby certify that the forego~ng rssolution was passed anci adopted at a meeting of
the Anaheim City Planning Comntssion held on Novemher 3, 19~'1~ by the foila•~ing vote
of the members thereof:
AYES: COMMISSIONcRS: BARNES, BOUl1S, BUSflORE, FP,Y
NOES: COMMISSIONERS: HERBSI, TOLAR
ABSENT: COMMISSIOPIERS: Y.I~1G
IN WITl~ESS Wt1ERE0F, I have hereunto set my hand this 3rd day of November~
1980.
lo ~r.GL ~ ~~Gi.~.u,
SECRETARY~ ANANEIM CITY PLA"INING COMMISSION
't~' Pc 8n-186