Resolution-PC 94-159M~~Q~U7~I~ NQ-PSc~22•~
A RESOLUTION OF THE ANAHEIM CITY PLANMING COMMISSION
THAT PETITION FOR i:ONDITIONAL USE PERMIT NO. 3722 BE GRANTED
WHER~AS, tho Anaheim City Planning Commisslon d!d roce{ve a veritiQd Petition for
Conditional Usa Permit for certain roal property situated in the ~ity of Anaheirn, County of Orango, Siate
ui California, describod as:
THE NOR7HtIil.Y 3 ACRES OF THE EAST HAIF UF THE NORTH HALF OF THE
NQRTHEAST ~UARTCR ~F ThiE SQUTHWEST QUARTER OF SECTION 13, IN
TOWNSHIP 4 SOUThI, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON
DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTI OF ORANGE, 3TATE OF
CALIFORNIA, AS PEF1 MAP RECOROE~ IN BOOK 51, PAGE 7, ET SEO.,
MISCELLANEOUS fu1APS, IN 7HE OFFICE dF THE COUNTY RECORDER OF
SAID CQUNTY.
EXCrPT THEREFROM THG tASTEiiLY 540.79 FEET.
WHEREAS, the Cfty Plann(ng Commission did hol~ a public he2ring et the Civic Center
fn tho City of Anaheim on Novomber 1a, 1994 at 1;3~ p.m., notice oF sald public hearing having baen duly
givun as royulrecl by law and In accoidancR with the pro~~lsions of the Anaheim Municipal Code, Chapter
18,03, to hear and consider evtdenco tor and aga(nst uuld propo3ed conditional use permit and t~
investlgate and make tindings and recommencJations In connectiun therowith; and that sald public hearing
was cantinucacl to tho Novomber 30, 199d Planning Commission meetinp; and
WHEREAS, said Commission, after due Inspoction, investigatlon and study made by itself
prid (n its behalf, and after due consEderatlon of all evidance and repons oHeraci at sseid hearing, doeg tind
and dotermino the tollowfng tacts:
t. 7hat tho proposcxf use is properly one for which a conditionnl use permfx Is authorfzad by
Anahelm Munlcipal Code Secllon 18.26.050.020 to pArmlt a child day care center for up to ~ixty (our (64j
chitdron;
2. That ths proposed uso is properly one for which a co~xlftlonal use permft i~ authorizecf by
ttie 7.onirig Code;
3. That the proposed use will not adversely atfect the acl~olning land uses ancl th~ flrowlh and
dovelnpment o- the aren in which it Is proposod to be located because sub~ect property is ~acated
ad~ncent to an ex(sting I~Iflh school and Is orientecf away irom the roLidential ereas to the north, south and
east;
4. That the size and shape ot the sRe for the propoaed use 13 adaquatn to allow the tull
devetopmont of -he proposed use in n mannar not detrimental to th.3 paKiculer area nor to ihe peaae,
health, :.afety, and general wollare becauaa children will be eithar inskJe the building ar in a pfay area
which is separs~ted irom the streot;
5. 7hat the traHic genarated by the prQposed use wlll not tmpose nn iindue burclen u~,on the
streets and hiqhways designod and Improvod t~ carry the traHic in the a~ea because the pr~poaal r_hlicl
day car~ centor has nd~3qu~+to parkinp anc! the reyulred loading/unloading area t~r chHdren; and that the
petitirmer :ostitied that tho arrfval ancl departure times of children is staflgered, alievfating a concAntratton
ol traNic at tho IacAhy at any on9 time:
CR22S3MS.wp -1- PC9a•15fl
6. That the granting ot the condltlonal use po-mit under the conditlons imposed wlll n~~t be
dQtrirriental to the poace, heaith, sAtety and ~eneral welfsre of the citizans ot the City of Anaheim; and
7. That twa (2) people Indicated tlieir presence at said public hoering In upposition; that a
pAtition with eighty fo~r (t34) signatures in opposition was submitted; Rnd that no corres~+ondeiico was
receivud (n opposition to the subje:,t petitfon.
CAI.IFORNIA ENVIRONM@NjA~ U(~ ALITY~/ . T~FJN.gl~C~: Tha: the Anaheim City Plonnirti~
Commission has reviewed the proposal to permft a chlld day care conter for up to s(xty four (64) chlldren
on a rectangularly sh~ped parcel of land consist(ng of approximately 0.42 acre having bpprnximate
frontagss of 120 foet on the south side of Wagnar Avonue and 50 feet on the west sfde of Ambridga
8treet, havin8 a n~aximum depth of approximatoiy 153 teet, be(ng focated approximately 535 feet west of
the centeii(ne ot Sunkist Street a~d further descrit~ed as 2332 E.ast Waflner Stre4t; and doas horeby
appro~de the Negativo Daclaration upon (inding that the doclaratlon reflects the Independent Judgement of
the lead agenuy and that it has cons(dered the NegatNe Oeclaration togeth~r with eny ~ommertits roceivod
during th~ public review process and iurther tirding ~n tho basis of the initlal study and eny comments
recefved that thero is no substantial evldence that !he proJect will have a significant eNect on the
environment.
NOW, THEREFORE, BE fT RES~ I~V~D that the Anaheim Ciry Planning Commission dues
hereby grant subJect Petition for ~ondittonal l' ,e Permit, upon the follc~wing condftions which ard hereby
found to be a necessary prerequisite to tfie proposnd usA of the subJect property in order to preserve the
sa(ety end general wellaro o! 4he Citizors of the City of Anaheim:
t. That the play area shall bo ~aparated trom tho proposed park(ng area by a mfnimum four (4) foot
liiqh wall or fenc.e.
2. Ttiat childran shall not be allnwed outdoors prior to 9:00 a.m.
3. That the oxisting mature pino tree lo~atad within ttie parkw:~y shall ~ be removud to (acllitate tho
Installatlon of the semi•circular drfveway.
A. That p~ans shall bo submitted to the City TraNic and Transportatioii Manayor for his review end
approval showing coniprmance wlth the latest revis(ons oi Engineering Standard Plan Nos. 436 and
602 perta~ning to parking standnrds An~l drNeway locations. Subjact property shali thereupon be
developed and maintalned fn c~nlorrnance wfth said ptans.
5. That tra~h storage ereas shall be provided end malntafnecl in a Ic: aUrn acceptabie t~ tha Departmont
oi Maintonance and in accordence with npproved pl~ns on tils v-`th said Department. Such
Informatfon shall bo specNically shown on the plans submitted (or buildinfl pe-rmits.
8. Thr~t All trash storage areas sha~l b~ tocnted behincl the required front setback area.
7. That the swimming poA~ yhall bE- demolfshed aru1, prior to demolitlon, r~ demc~litfon permit shall ba
obtainACf ir~m the 6ullding Divislon.
8. That the Axtstfng two (2) cnr garago shall be rt~aintainod so thet at least two (2) outomobtles can be
~rked Inside said strudure.
9. That the plonter area alrn~g the epst proporty line shall be o~ended alon~ ihe }ull length of the
property and sh~ll be planted wfth ItaHan Cypress treos.
-~. FC94-159
10. That subJect oroperty shal~ be devaloped substant(ally in accordanr,o witti plans ond speciiicatlons
submitted to the City ot Anahefrri by the petftloner and which plans aro on filE with tho Planning
Department marked Revision No. t of Exh~;~it No. 1 and Exhibit No. 2.
11. That the proposed curb cut shA~l be shfftod as far west as possible with~ut necessitating moving tha
Iic~ht standard that exists in the pbrkway.
12. That prior to commencement oi the activity authorizect by this resolution, cr prfor to issuance of a
building permft, or within a pertc~d of one (1) year irom the date of this resolutfon, w-~ichover occurs
first, Condition Nos. d and 5, above-mentioned, shell be complied with. E~onslons tor further time
to complete sald conditlons may be granted in acccrdance witn Sactlon 18.03.090 af the Anahoim
Municfpal Code.
t3. That prlor to r.ommancoment of ~ctivity authorized by this resolution or prior to final building and
zoning inspections, Condition Nos. 1, 3, 6, 7, 9, 10 and 11, above•mentionecl, s1i211 bo complled with.
14. That approval of this application constftutes approval of the proposed roquest only ta the extent that
it complies with the Anaheim Municipal Zoning CcrJe and any other appNcable City, State ~nd Fedorel
regulations. Approval does nnt include any a:tlon or findings as to compliance or approvb' of tho
request reg~rding any other applicable ordiiiance, regulation or requiremant.
BF IT FURThIER RE50LVED that the Anahefm City Plannfng Commission does hnreby tind
and dQtermine that adoptfon of thl~ Res~lution is expressly prodicated upon applicant's complfance with
e~ch and all uf the conditions hereinabove set forth. Should any such condition, or any part thereof, bo
dPCiarod inval(d or unentorceablo by the final judgrrient of any court of competent juristliction, then this
Rosolutfon, and any approvnts herein containecl, shall be deemed null ~nd void.
THE FQREGOING RESOLUTION was adopted at the Plenning Commission meet(ng o1
NovQmbe~ 30, 1994.
-.~ ,~'~,~~ ~~ ~~.~~
HAIRW MAN AfJAHEIM CITY PLA~ NNING COMMISSION
ATT ST:
~ P ~,IU~I ~
SECRETARY NAH~IM CITY PLANNING COMMISSION
STATF O~ CALIFORNIA j
COUNTY OF ORANGE ) ss.
C!TY nF ANAHEIM )
!, Margarita Sotorio, Secrotery ol the Anahelm City Planning Commission, do hor~by cert!fy
that tha foregoing re.golutfan was pass~xl and adaptod at a mdetiny of tha Anah9lm Cfty Planning
Commission held on Novembor ~0, 1994, by the tol~owing vote of the membera tliereuf:
AYES: CfaMMISSIONERS: BOYDSTUN, CALDWELL, HENNINGER, MAYER, MESSE, PERAZA, TAIT
NOES: COMI~AIS510NERS: ~IONE
ABSEf~T: COMMISSIONERS: NONE
IN WITNESS WHGREOF, 1 have hsreunto set my nand ttiis _~~ day ~t
~(.~,¢.rr~.b~.r~ , ,~. - ~` ~ (~-+zc. ~ a~:a
SE(:RETARY,~' NAH ~ CITY PLANNING CO!NMISSION
.3_ PC94-15~