Resolution-PC 97-24~; ~
qES(~LUTION NO. PC97-24
A RESOLUTION OF THE ANAHElM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 3905 BE GR/ANTED
WHEREAS, the Anahelm City Planning Commission did receNe a veriHed Petftion for
Conditional Use Permit for certain real prope~ty situateci tn the Ctry of Anaheim, County of Orange, State of
Califomia, c+ascribed as:
LOT 130 OF TRACT 4181, IN THE CITY QF APaAHEIM, COUNTY OF ORANGE,
STAT~ OF CAUFORNIA, AS PER MAP RECORDED Ilv BOOK 156, PAGES 25, 22
AND 23, MISCELLA.NEOUS MAPS, IN THE O~FICE OF THE COUNTY RECORDER
QF SAID COUNTY.
WHEREAS, the Ciry Planning Commission did hdd a public hea~ing at the Givic Center in
the Ciry of Anaheim on March 3, 1997 at 1:30 p.m., notice of said public hear'.ng having been duly gNen as
required by law and in accordance wfth the provisions of the Anaheim Municipal Code, Chapter 18.03, to
hear and cansider evidence for and against satd proposgd conditional use permk and to irnes:igate and
make findings and recommendations in connection therewith; an~ that said public hearing was continued
to the March 17, 1997 Planning Commission meeting; and
W~IEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consfderat(on of all evldence and reports offered at said hearing, does find
and determine the following facts:
1. That the proposed use is properly one for which a condftional use permit is authorized by
Anaheim Municipal Code Section 18.44.050.120 to permit a child day care faciliry for up to 40 children within
a commercial retail center with a waNer of the fdlowing:
S2ctfons 18.04.042.020 - Mfnimum setback of InstPucional uses~jacent to
18.44.063.040 re ntial zone~ rxli arie_s•
and 18.44.063.050 (10 fept futlv landsca~2d required adJacent Yo RS-7200 zoning and 15 feet
required between outdoor play area and RS-7200 zoning;
r.one proposed between the play grourxi and the north and east property
Iines)
2. That there are speciat ciroumstances appiicable to ti~e property such as size, location and
surroundings, which do not apply to other identically zonetl properties in the vicinity;
3. That strict application of the Zoning Code deprNes the property of prN~leges enjoyed by
other properties under identlcal zoning classiflcation in the viciniry;
4. That the proposed use is properly one for which a corxlitional use permit is authorized by
the Zoning Code;
5. That thd proposed use will not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located;
6. That the size and shape of the site for the proposQd use is adequate to ailow the full
development af the proposed use In a manner not deMmental to the particular area nor to the peace, health,
safery and gereral wetfare;
CR2845DM '~" PC9~-24
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7. That the traffic yensrated by tha ~ro~ed use wAI not impose an unci!ae burden upon the
streets and hfghways designed and improved to carry the traiflc in the area;
8. That the graMing af the conditional use pemiit, under the conditions fmposed, will not be
detrimental to the peace, health, safety and general weifare of the cit(zens of the Cfry uf Anaheim;
g. That no one indicated their presen~.e at saEd publfc hearing !n opposft~on; and that no
correspondence was received In opposftion to tho subject petftlon.
CALIFORNIA ENVIROPJMENTAL QUAUTY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposai to permR a child day care facility wfthin a commercial retail ce~ter
for up to 40 children with a waiver of minimum setback of Institutional uses adjacent to residential zone
bo~ndaries on a rectangula~ly-shaped 1.47 acre property Iocated at th3 no-theast comer of Post Lane and
Orangethorpe Avenue, with ftontages of 147 feet on Post i..ane and 357 feet on Orangethorpe Avenue, and
further described as 5247 East Orangethorpe Avenue; and dces hereby approve the Negative Declaration
upon find(ng that the declaratfon reflects the irxiependem Judgement of the lead agency and that ft has
considered the NegatNe Dedaration together with any comments received during the pubiic review process
and further flnding on the basis of the inftial study and any cc~mments receNed that there is no substantial
evidence that ths project wili have a signfficant effect on the environmerrt.
NOW, THEREFORE, BE IT RESOWED that the Anaheim City Planning Commission does
hereby grant subject Petition for Condftional iJse Permit, upon the f~llowing conditions,which are hereby
found to be a necessary prerequfsfte to the proposed use of the subJect property in order to presarve the
safety and general welfare of tha Chizens of the Cfty of ~lnaheim:
1. That subject day care facility shal{ be limited to enrdlment of no more than forty (40) children and four
(4) staff members.
2. That the existing fencing around the emergency area shall be replaced wNth fencfng that is more
suftable. Final plans for satd fencing shall bo submftted to the Zoning Division of the Planning
Department for review and approval by the Planning Commfssf~n as a'Reports and Recommendations"
ftem.
3. Tl~at the on-site landscaping and irrigation system wRhin the play and emergency areas shall be
refurbished and maintained in compl(ance with City standards.
4. That a ietter requesting termination of Condit(onal Use Permft No. 1758 (permitting on-premises sale
and consumption of beer a~d wine at 5205 East Orangethorpe Avenue) shall be submitted to the
Zoning DNision.
5, That subjecc use permit is grar~ted for a Period of t`^r~ (2) Years~ to expire on March 17, i999.
6. That the outdoor play areas shall nnt be utNized for use by chUdren prior to 9 a.m. or after 5:30 p.m.
and shall not be used by more than ten (10) chiidren at any one time.
7. That plans shall be subrnitied to the Ciry TraiflG and Transportation M~nager for review and approva!
showing conforrnance with ttie latest revisions of Enginaering Standard Plan Nos. 436 ar~d 602
pertaining to pa~ldng standards and driveway locatio~s. The properry shall thereupon be developed
and maintained in conformance with said plans.
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8. That the applicant shall work with the Ciry Traffic and Transportatton Manager to provide a suitable
drop-off and pick-up area, arxi that all drop-offs and Rlck-ups shall occur from property rnarked parking
spaces. The applicant shall develop ~ules to e~orce said condftion to prevent parking in the drNe
aisles.
9. That trash starage areas shall be refurblshed to the satfsFa~tion of the Public Works DepaRment, Streets
and Sanitation Division, to compiy with approved plans on flle wfth safd Department
t0. Tt~at any graffitl shalt be removed wfchin twenty four (24) hours of tts applica4lon.
11. That atl block walis within the area of the subject use, induding trash enclosure walls, shali be planted
with minimum one (1) gallon sized vines planted on maximum fifve (5) foot centers to prevent graffiti
opportunities.
12. That gates shall be provided for emergency exit f~om ail fenced areas.
13. That pla~s for all sfgnage siiall be submitted to the Zoning DNision for review and approval by the
Planning Commission as a'Reports and Recommendations' ftem. VVali signs shall be placed only on
the south elevat(on.
14. That subject prop~rty shall be developed substaMially in accordance wfth plans and specifications
submitted to the City of Anaheim by the petftianer, and which plans are on Nle with the Planning
Department marked Exhibft Nos. 1 and 2.
15. That prior to commencement of the activiiy authorized by this resdution, or prior to issuance of a
building permit, or within a period of one (1) year from the date ot this resolu[(on, whichever occurs
first, Condition Nos. 4, 7 and 8, above-mentioned, shall be complied with. Extensions for further time
to completa said conditions may be granted in accorclance wfth Section 18.03.090 of the Anaheim
Municipal Code.
16. That prior to the commencement of the activiry authorized by this resolution or prior to flnal building
and zoning inspections, whichever occurs flrst, Conditfon Nos. 2, 3, 9, 11, 12, 13 and 14
above-mentioned, shall be comp~ied with•
17. That approval of this application constitutes approval of the proposed request only to the axterrt that
ft complies with the Anaheim Mun~cipal Zoning Code and any other applicable City, Sta4e and Federal
regulations. Approval does not include any actton or Bndings as to compllance at approval of the
~~equest regarding any other appiicable ard(nance, regulation or requirement.
BE IT FURTHER RESOLVED that the Aroaheim City Plann(ng Commission does hereby flnd
and determine tt~at adoption of this Resdution is expressly F,redicated upon ~pplicanYs compl(ance with
each and ail of the conditions hereinabove set forth. Should any such condition, or any part thereof, be
declared invaiid or unenforceable by the flnal judgment of any court of competent Jurisdiction, then this
Resolutfon, and any approvals herein contained, sha91 be deemed null and vofd.
~- PC~7-24
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THE FOREGUING RESOLUTION was adopted at the Plann~ng Commission meeting of
March 17, 1997. ~~~
CHAIRPERSON iWAHElM PLANNING COMMISSION
ATTEST:
SECRETA , N~ CITY PLANNING CORAMiSS60N
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
i, Margarita Sdorio, Secrelrary of the Anaheim Ciry Planning Commissfon, do hereby certtfy
that the foregoing resdution was passed a~d adopted at a meeting of the Anaheim City Planning
Commission held on March 17, 1997, by the fdlowing vote of the membors thereof:
AYES: COMMISSIONERS: SOSTW~CK, BOYDSTUN, BRISTOL, HENNINGER, MESSE
NOES: COMMISSION~RS: NONE
ABSENT: COMMISSfONERS: MAYER, PERAZA
!N YVITNESS WHEREOF, I have hereunto set my hand th(s ~ day of C~Iu9J ~
1997.
SECR ARY, NAHEIM CITY PIANNiNG COMMISSION
~ PC97-24