Resolution-PC 99-163RESOLUTION NO. PC99-163
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING r~ESOLUTION NO. PC98-139,
ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 4055
WHEREAS, on August 31, 1998, the Planning Commission adopted Resolution No.
PC98-? 39 to grant Conditional Use Permit No. 4055 and permit a day care facility for a maximum of 30
children within an existing church facility on property located at 1171 North Wsst Street; and that said
resolution includes the following conditions of approval:
That the day care facility sha~l be limited to a maximum enrollment of thirty (30) children.
That the business hours of operation for the day care shall be limited to 6:30 a.m. to 6:30
p.m., Mondays through Fridays, as stipulated to by the petitioner.
WHEREAS, this property is developed with a church facility and accessory child day care
facility (Free Methodist Church/Cuddle Care Ministries) in the RS-A-43,000 (Residential/Agriculturai)
zone; and that the Anaheim General Pian Land Use Element designates this property for Medium
Density Residential land uses; and
WHEREAS, the petitioner requests amendment to this conditional use permit under the
authority of Code Section 18.03.092 to increase the maximum number of children to 47,(instead of 30)
and change the hours of operation to 6:00 a.m. (instead of 6:30 a.m.) to 6:30 p.m.; and :• ``~"" '
iNHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on September 13, 1999 at 1:30 p.m., notice of said public hearing having been
duly given as required by law and in accordance with the provisions of the Anaheim Municipai Code,
Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and
to investigate and make findings and recommendations in connection therewith.
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That amending the existing use to increase the maximum number of children and change
the hours of operation of a previously-approved child day care facility in conjunction with a church facility
is authorized by Anaheim Municipal Code Section 16 ~3.092.
2. That the propased modifications are reasonably necessary to p~rmit reasonable
operation of the private day care facility under the conditionai use permit as originally granted.
3. That the proposed request is minor in nature, adding 17 chiidren and increasing the
hours of operation by 30 minutes; that the request does not involve new construction or modification of
the floor plan, piay area or any other existing operstions at the site; and that the petitioner has indicated
that the facility has been approved for a maximum capacity of 47 children (35 pre-school and 12 infants)
by the State of California Health and Welfare Agency.
4. That the use, as amended, will not adverseiy affect the adjoining land uses and the
growth and development of the area in which it is located.
5. That the size and shspe of the site for the use, as amended, is adequate to allow fuil
development of the use in a manner not detrimental 4o the particular area nor to the peace, health, safety
and general welfare.
CR 3743PK.DOC -1- ~ PC99-163
6. That the trafFic generated by the use, as amended, will not impose an undue burden upon
the streets and highways designed ar;d improved to carry the traffic in the area.
7. That amending this :,onoitional use permit will not be detrimental to the peace, health,
safety and general weifare of the citizens of the City of Anaheim.
8. That no one indicated their presence at the public hearirag in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY~ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to amend subject conditional use permit to increase the
maximum number of children and to change the hours of operation of a previousiy approved child day
care facility in conjunction with a church facility on a 2-ac~e irregularly shaped property having a frontage
of 160 feet on the west side of West Street, a maximum depth of 590 feet and being located 388 feet
south of the centerline of Romneya Drive (1171 North West Street); and does hereby find that the
Negative Declaration previously approved in connection with Conditionai Use Permit No. 4055 is
adequate to serve as the required environmental documentation in connectioii with this request upon
finding that the declaration reflects the independent judgment of the lead agency and that it has
considered the previously approved Negative Declaration togsther with any comments received during
the pubtic review Arocess 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
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Ciry Planning Commission
does hereby amend Resolution No. PC98-130, adopted in connection with Conditional Use Permit No.
4055, to permit a day care center for a maximum of forly seven (47) children within an existing church
faciliry under authority of Code Sections 18.03.092 and 18.21.050.1~b; and
BE IT FURTHER RESOLVED that the Anaheim City Pianning Commission does hersby
amend Condition Nos. 1 and 2 of said resolution, to read as follows:
That the day care faciliry shail be limited fo a maximum enroliment of forry seven (47)
children.
That the business hours of operation for the child day care facility shall be limited to 6:00 a.m.
to 6:30 p.m., Mondays through Fridays, as stipulated by the petitioner.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 13, 1999.
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CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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SECRETARY, AHEIM CITY PI.ANNING COMMISSION
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~ ~
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commiss'an, do hereby certify
that the foregoirsg resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on September 13, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BRISTOL, ONE VACANT SEAT
N WITNESS WHEREOF, I have hereunto set my hand this ~/~ da of
Y
t~Db~f , 1999.
/2?a,~~~) S~~'
SECRETARY, NAHEIM CITY PLANNING COMMISSION
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