Item No. 1 - DEV2021-00221
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
ITEM NO. 1
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: SEPTEMBER 12, 2022
SUBJECT: DEVELOPMENT APPLICATION NO. 2021-00221
LOCATION: 3330 West Lincoln Avenue (Anaheim Kids Academy)
APPLICANT/PROPERTY OWNER: The applicant and property owner is Harshi
Anthony of Antony Investments, LLC. The agent is Gina Park of New Star Realty and
Investment.
REQUEST: The applicant requests a conditional use permit to allow a Day Care
Center use with 118 children in an existing 4,995 square foot building and an
administrative adjustment to permit 10% fewer parking spaces than required by Code.
RECOMMENDATION: Staff recommends that the Planning Commission finds and
determines that a Class 1 – Existing Facilities Categorical Exemption under the
California Environmental Quality Act (CEQA) (Public Resources Code, Sections
21000-21189.57) as set forth in Sections 15301 and 15300.2 of the State CEQA
Guidelines (California Code of Regulations, Title 14, Chapter 3, Sections 15000-
15387) is the appropriate environmental documentation for this request; and adopt the
attached resolution approving Development Application No. 2021-00221.
BACKGROUND: The subject 0.64 acre property is developed with an approximately
4,995 square foot, one story building with gated outdoor play area, associated
landscaping, and parking. A community and religious assembly (church) use of the
property was established in 2010 through the approval of CUP 2010-05497, and a day
care use for 20 students was established in 2014 under CUP2010-05497A. The church
and day care uses operated on the property until 2021, and the building is currently
vacant. The property is zoned “C-G” General Commercial and is designated for
Medium Density Residential uses in the General Plan. The project site is bordered by
multi-family residences to the north across Lincoln Avenue, east, south, and west.
PROPOSAL: The applicant requests approval of a Day Care Center use with 118
children in the existing 4,995 square foot building and an administrative adjustment
to allow for 10% fewer parking spaces than required by Code. The proposal includes
interior modification and facade changes that create no expansion of the total square
footage of the building. The interior layout of the proposed child day care facility
would consist of six classrooms, a nap area, an office, children’s restroom, employee
restroom, and kitchen area.
Development Application No. 2021-00221
September 12, 2022
Page 2 of 7
FLOOR PLAN
Approximately 11,900 square feet of outdoor play area with landscaping, four play structures, and
pervious safety matting material would be provided in the southerly portion of the project site by
removing the existing rear parking. A total of 21 on-site uncovered parking spaces, including one
space for loading and unloading of children, would be provided to the north of the subject building.
A one-way entrance driveway would be located on the west side of the northern property line
along Lincoln Avenue, and a one-way exit on to Lincoln Avenue is proposed along the east side
of the northern property line.
Classroom 1
Classroom 3 Classroom 6 Classroom 5
Classroom 2
Classroom 4
Development Application No. 2021-00221
September 12, 2022
Page 3 of 7
SITE PLAN
West Lincoln Avenue
The facility would operate between the hours of 6:30 AM and 6:00 PM, Monday through Friday,
with a maximum of 118 children and 10 staff members. The proposed facility would be fully
licensed by the California Department of Social Services. The morning drop-off would occur
between 6:30 AM and 11:00 AM, and the afternoon pick-up would occur between 12:00 PM and
6:00 PM. Parents would typically park on-site and drop their children off inside. A designated
drop off stall is also provided from quick drop offs and picks.
Child’s
Playground
Equip. Area
Child’s
Playground
Equip. Area
Child’s
Playground
Equip. Area
Child’s
Playground
Equip. Area
Development Application No. 2021-00221
September 12, 2022
Page 4 of 7
The applicant proposes minor interior alterations including those required to comply with building,
fire, and accessibility requirements. Exterior improvements would include the new playground
area, new parking lot striping, new fencing, new lighting, and minor repairs. The applicant also
proposes to enclose the playground areas with a combination of the existing 6-foot high block wall
along the property line as shown in blue on the map above and new 6 foot high block walls between
the building and east and west property lines as shown in green.
FINDINGS AND ANALYSIS:
Conditional Use Permit: Before the Planning Commission may approve a conditional use
permit, it must make a finding of fact that the evidence presented shows that all of the following
conditions exist:
1) That the proposed use is properly one for which a conditional use permit is authorized by
this code;
2) That the proposed use will not adversely affect the adjoining land uses, or the growth and
development of the area in which it is proposed to be located;
3) That the size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use, in a manner not detrimental to either the particular area or health
and safety;
4) That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area; and
5) That the granting of the conditional use permit under the conditions imposed, if any, will
not be detrimental to the health and safety of the citizens of the City of Anaheim.
The Anaheim Municipal Code (“AMC”) permits a child day care center in the “C-G” General
Commercial zone subject to approval of a conditional use permit to ensure compatibility with the
surrounding area. An analysis of the traffic and circulation, parking, and compatibility is described
in more detail below.
Compatibility: The proposed child day care center would not adversely impact adjoining
residential and commercial land uses because the majority of day care services and operations
would be provided inside the building. Use of the outdoor playground area would be limited and
supervised by staff. The schedule for the day care center indicates the use of the playground is
limited to no more than two classes of students or approximately 45 students in the playground
area during the outdoor play times. In addition, the outdoor playground is separated by a six-foot
high concrete block wall along the property line and setback by 15 feet of landscaping from the
neighboring multifamily residential properties to the east, south, and west to help reduce any
potential compatibility issues. Adequate parking, on-site circulation, and access would be provided
minimizing any potential impacts to adjoining land uses.
Traffic/Circulation: The proposed use was reviewed by the City’s Traffic Engineering Section. It
was determined that the facility would not have a significant impact on traffic or otherwise
Development Application No. 2021-00221
September 12, 2022
Page 5 of 7
negatively affect circulation in the vicinity of the project per the current City of Anaheim Criteria
for Preparation of Traffic Impact Studies. In addition, fire truck and emergency service access was
deemed adequate by the Fire Department. Based on the above, the traffic generated by the
proposed use would not impose an undue burden on streets and highways in the area.
Parking: The AMC parking requirements for day care centers is one space per employee, plus one
space per 10 children, plus one space for loading and unloading children or onsite. The proposed
day care facility would have 10 employees and a maximum of 118 children. Therefore, 23 parking
spaces are required for the proposed use as outlined below:
Proposed Use Required Parking Proposed Parking
10 employees @ 1 per employee = 10 10
118 Children @ 1 per 10 children = 12 10
Loading/Unloading = 1 1
Total Required = 23 Total Provided = 21 spaces
Based on the above analysis, the proposed child day care facility would not meet the AMC parking
requirements, and the applicant has requested for an administrative adjustment to permit a 10%
reduction in the Code-required parking spaces to allow for 21 parking spaces for the proposed use.
The applicant has provided a Letter of Operations, Requests and Justifications (Attachment 3),
which analyzed the parking count for three other day care centers that are owned and operated by
the applicant. The letter includes the parent drop off /pick up parking counts for a day of operation,
not including the parking spaces dedicated to employees use, to determine the appropriate number
of parking spaces needed for the proposed Day Care Center use. The letter indicates that, on an
average day, the project sites of a similar size and operation have an average of 4 vehicles parked
for drop off or pick up every 10 minutes and a peak of 7 vehicles parked for drop off and pick up
in a single 10 minute interval. The applicant proposes 21 parking spaces onsite including 10
parking spaces dedicated to the employees/teachers and one parking space for loading/unloading.
The remaining 10 parking spaces would be available for parents to drop off/pick up children which
exceeds the seven spaces anticipated to be needed based on the applicant’s parking letter.
Administrative Adjustment: Typically an administrative adjustment would be reviewed by the
Planning Director but due to the conditional use permit, the Planning Commission must make a
finding of fact that the evidence presented shows that all of the following conditions exist in order
to approve an administrative adjustment:
1) The adjustment is consistent with the purposes and intent of the Zoning Code;
2) The same or similar result cannot be achieved by using provisions in the Zoning Code that
do not require the adjustment;
3) The adjustment will not produce a result that is out of character or detrimental to the
neighborhood.
The proposed request would allow for the reduction in the permitted number of parking spaces for
the proposed use by 10%. The request is consistent with the purpose and intent of the Zoning
Development Application No. 2021-00221
September 12, 2022
Page 6 of 7
Code in that the applicant -provided parking analysis anticipates that the 21spaces provided for
the Day Care Center use would be adequate to accommodate the employees and drop off/pick up
for this use, which provides consistency with the purpose and intent of the Zoning Code. Although
child care is a needed service in the community, the same or similar result could not be achieved
without the requested administrative adjustment because fewer children could be served if the
Code required number of parking spaces was provided, even though the applicant’s parking letter
indicates that sufficient parking would be provided based on proposed operations. No significant
impacts to surrounding properties would occur through the permitting of the day care center with
a 10% reduction in parking because a day care use has already existed on the property and adequate
parking would be provided for the use. Condition of Approval No. 21 included in the draft
resolution would limit the day care center use to no more than 118 children and 10 staff. Any
increase in enrolled children and/or staff would require the applicant to modify the conditional use
permit.
Environmental Impact Analysis: The Project qualifies for a Class 1 – Existing Facilities
Categorical Exemption under the California Environmental Quality Act (CEQA) (Public
Resources Code, Sections 21000-21189.57) as set forth in Sections 15301 and 15300.2 of the State
CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3, Sections 15000-15387).
Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing public or private structures, facilities, mechanical equipment, or
topographical features, involving negligible or no expansion of use beyond that existing at the time
of the lead agency's determination. The proposed project is for a use change from a Community
and Religious Assembly use to a Day Care Center use with an administrative adjustment for a
10% parking reduction and minor alterations within the property’s existing facility. Pursuant to
Section 15300.2 (c) and 15301 of Title 14 of the California Code of Regulations, and as further
described in this staff report, there are no unusual circumstances in respect to the proposed project
for which staff would anticipate a significant effect on the environment and, therefore, the
proposed project would be categorically exempt from the provisions of CEQA.
CONCLUSION: Staff believes that, with the proposed conditions, the conditional use permit for
a Day Care Center use and administrative adjustment to permit 10% fewer parking spaces than
required by Code would be operated in a manner that is compatible with the surrounding area. The
proposed project would be consistent with the General Commercial zoning for the property, and
the project would be designed and operated to ensure that the Day Care Center use and parking,
would not impact surrounding properties. The traffic generated by the proposed use would not
impose an undue burden on streets and highways in the area, and adequate on-site circulation and
access would be provided. Staff recommends that the Planning Commission approve the
conditional use permit for the Day Care Center use and administrative adjustment for 10% fewer
than Code-required parking spaces for Anaheim Kids Academy.
Prepared by, Submitted by,
Elizabeth Yee Niki Wetzel, AICP
Contract Planner Deputy Director of Planning and Building
Development Application No. 2021-00221
September 12, 2022
Page 7 of 7
Attachments:
1. Draft Resolution
2. Project Plans
3. Letter of Operation, Requests and Justifications
W LINCOLN AVE
W DEL MONTE DR S WESTCHESTER DRS BELLA VISTA STN TREVISO DRN PADUA DRW ROVIGO DR
.CRESCENT AVE
N.BEACHBLVDS. BEACH BLVDS.KNOTTAVEW.ORANGE AVE .WESTERNAVE.
BEACH
BLVD.KNOTTAVES.WESTERNAVEN. WESTERN AVE
.LINCOLN AVE
. ORANGE AVE
W.LINCOLN AVE
Project Location: 3330 West Lincoln Ave
DEV No. 2021-00221
Subject Property APN: 135-32-138 and 135-32-139
°0 50 100
Feet
Aerial Photo:
May 2021
City Boundary
C-G
RESTAURANT RM-4
SERRANO TERRACE
APARTMENTS
66 DU
RM-4
LINCOLN HERITAGE
APARTMENTS
36 DU
RM-4
GLEN FOREST
APARTMENTS
95 DURM-4
GLEN FOREST
APARTMENTS
95 DURM-4
GLEN FOREST
APARTMENTS
95 DU
RM-4
WESTCHESTER
APARTMENTS
64 DU
T
GLEN FOREST
APARTMENTS
21 DU
RM-4
GLEN FOREST
APARTMENTS
21 DU
RM-4
GLEN FOREST
APARTMENTS
95 DU
RM-4
GLEN FOREST
APARTMENTS
95 DU
RM-3
TREVISO TOWNHOMES
22 DU
RM-2
TOWNHOMES
14 DU
T
VILLA ANAHEIM SENIOR
APARTMENTS
135 DU
T
CENTRALIA
ELEMENTARY SCHOOL
T
SOLARA COURT SENIOR
APARTMENT HOMES
132 DU
C-G
RETAIL
C-G
EL DORADO
INN
C-G
SEL F STORAGE FACILITY
C-G
EL DORADO
INN
RM-4
DEL MONTE
APARTMENTS
35 DU
RM-4
RENAISSANCE PARK
APARTMENTS
64 DU
C-G
RESTAURANT
C-G
RETAIL
RM-4
GLEN FOREST
APARTMENTS
274 DU
RM-4
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APARTMENTS
274 DU
RM-4
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APARTMENTS
274 DU
RM-4
GLEN FOREST
APTS
34 DU
RM-4
DEL MONTE
APARTMENTS
28 DU
RM-4
RENAISSANCE PARK
APARTMENTS
90 DU
W LI NCOLN AVE
S WESTCHESTER DRS BELLA VISTA STW ROVIGO DR
W MIRANO DR
W. LINCOLN AVE
W. ORANGE AVE
. CRESCENT AVE
S. KNOTT AVE. KNOTT AVES. BEACH BLVDS. WESTERN AVEPr o j e c t L o c a t i o n : 3 3 3 0 W L in c o ln Av e
D E V N o . 2 0 2 1 -0 0 2 2 1
Subject Property
APN: 135-32-138, 135 -32-139
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Feet
Aeria l Ph oto :
Ma y 2 02 1
[DRAFT] ATTACHMENT NO. 1
- 1 - PC2022-***
RESOLUTION NO. PC2022-***
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING DEVELOPMENT APPLICATION
NO. 2021-00221 AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2021-00221)
(3330 WEST LINCOLN AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred
to as the "Planning Commission") did receive a verified petition to approve Development
Application No. 2021-00221 to permit a conditional use permit to allow a Day Care Center
use with 118 children within an existing commercial building and an administrative
adjustment to permit 10% fewer parking spaces than required by Code (the “Proposed
Project”), at a certain real property located at 3330 West Lincoln Avenue in the City of
Anaheim, County of Orange, State of California, as generally depicted on Exhibit A
attached hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, the Property is approximately 0.64 acres and is currently
developed with an approximately 4,995 square foot, one story building with gated outdoor
play area, associated landscaping, and parking. The Property is designated for Medium
Density Residential land uses by the Anaheim General Plan. The Property is also located
in the "C-G" General Commercial zone and is subject to the zoning and development
standards contained in Chapter 18.08 (Commercial Zones) of the Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on September 12, 2022 at 5:00 p.m. and notice of said public
hearing having been duly given as required by law and in accordance with the provisions
of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against
proposed Development Application No. 2021-00221 and to investigate and make findings
and recommendation in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred
to as “CEQA”), the State of California Guidelines for Implementation of the California
Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred
to as the "CEQA Guidelines"), and the City's CEQA Procedures, the City is the "lead
agency" for the preparation and consideration of environmental documents for the
Proposed Project; and
WHEREAS, the Planning Commission finds and determines that the Proposed
Project qualifies for a Class 1 – Existing Facilities Categorical Exemption under the
California Environmental Quality Act (CEQA) (Public Resources Code, Sections 21000-
21189.57) as set forth in Sections 15301 and 15300.2 of the State CEQA Guidelines
(California Code of Regulations, Title 14, Chapter 3, Sections 15000-15387); and
- 2 - PC2022-***
WHEREAS, this Planning 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 with respect to the request for Development Application No. 2021-
00221 to permit a conditional use permit for a Day Care Center with 118 children, does
find and determine the following facts:
1. The Proposed Project is an allowable use within the "C-G" General Commercial
zone under subsection .010 of Section 18.08.030.010 (Uses) of Chapter 18.08
(Commercial Zones) of the Code, subject to a conditional use permit and the zoning
and development standards of the "C-G" General Commercial zone.
2. That the proposed use will not adversely affect the adjoining land uses, or the
growth and development of the area in which it is proposed to be located, because
the majority of day care services and operations would be provided inside the
building. Use of the outdoor playground area would be limited and supervised by
staff. The schedule for the day care center indicates the use of the playground is
limited to no more than two classes of students or approximately 45 students in the
playground area during the outdoor play times. In addition, the outdoor playground
is separated by a six-foot high concrete block wall and 15 ft. landscape setback
from the neighboring properties to the west, south, and east to help reducing any
potential compatibility issues. Further, traffic generated by the proposed use would
not impose an undue burden on streets and highways in the area, and adequate on-
site circulation and access would be provided.
3. That the size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use, in a manner not detrimental to either the
particular area or health and safety because the proposed use would occupy an
existing building without any expansion, and accommodate the parking, traffic
flows, and circulation without creating detrimental effects on adjacent residential
properties.
4. That the traffic generated by the proposed use will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area
because the traffic generated by this use will not exceed the anticipated volumes of
traffic on the surrounding streets.
5. That the granting of the conditional use permit under the conditions imposed, if
any, will not be detrimental to the health and safety of the citizens of the City of
Anaheim in that any potential impacts on the surrounding uses would be minimal;
and
WHEREAS, this Planning 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 with respect to the request for Development Application No. 2021-
00221 to permit an administrative adjustment for 10% fewer parking spaces than required
by Code, does find and determine the following:
SECTION NO. 18.42.040.010 Minimum Number of Parking Spaces.
(23 spaces required; 21 spaces proposed)
- 3 - PC2022-***
1. The adjustment is consistent with the purpose and intent of the Zoning Code for a
Day Care Center use in a "C-G" General Commercial zone. The applicant-provided
parking analysis anticipates that the 21 spaces provided on site for the Day Care
Center use would be adequate to accommodate the employees and drop off/pick up
for this use, which provides consistency with the purpose and intent of the Zoning
Code.
2. The same or similar result cannot be achieved by using provisions in the Zoning
Code that do not require the adjustment because child care is an important use in
the community, and, although the applicant’s parking letter indicates sufficient
parking would be provided for the use as proposed, fewer children would be served
at the site if the Code-required number of parking spaces were provided.
3. That the adjustment proposed for two fewer parking spaces than required by Code
would not produce a result that is out of character to the residential neighborhood
as there is an existing day care already on the Project site and the applicant’s
parking letter shows a peak parking demand of seven parking spaces for parent drop
off and pick up. With 21 spaces provided onsite including 10 designated staff
parking spaces and one loading/unloading space, 10 spaces would be provided for
parent drop off/pickup, which exceeds the seven spaces required. Therefore,
adequate parking would be provided and would not impact surrounding properties.
WHEREAS, this Planning Commission determines that the evidence in the
record constitutes substantial evidence to support the actions taken and the findings made
in this Resolution, that the facts stated in this Resolution are supported by substantial
evidence in the record, including testimony received at the public hearing, the staff
presentations, the staff report and all materials in the project files. There is no substantial
evidence, nor are there other facts, that negate the findings made in this Resolution. This
Planning Commission expressly declares that it considered all evidence presented and
reached these findings after due consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings,
this Planning Commission does hereby approve Development Application No. 2021-
00221, contingent upon and subject to the conditions of approval set forth in Exhibit B
attached hereto and incorporated herein by this reference, which are hereby found to be a
necessary prerequisite to the proposed use of that portion of the Property for which
Development Application No. 2021-00221 is applicable in order to preserve the health,
safety and general welfare of the citizens of the City of Anaheim. Extensions for further
time to complete conditions of approval may be granted in accordance with Section
18.60.170 of the Code. Timing for compliance with conditions of approval may be
amended by the Planning Director upon a showing of good cause provided (i) equivalent
timing is established that satisfies the original intent and purpose of the condition, (ii) the
modification complies with the Code, and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED, that any amendment, modification or
revocation of this permit may be processed in accordance with Chapters 18.60.190
- 4 - PC2022-***
(Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or
Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that the Planning Commission does hereby find
and determine that adoption of this Resolution is expressly predicated upon applicant's
compliance with each and all of the conditions hereinabove set forth. Should any such
condition, or any part thereof, be declared invalid or unenforceable by the final judgment
of any court of competent jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that approval of this application constitutes
approval of the proposed request only to the extent that it complies with the 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of September 12, 2022. Said resolution is subject to the appeal provisions set forth
in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal
procedures and may be replaced by a City Council Resolution in the event of an appeal.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 5 - PC2022-***
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Susana Barrios, Secretary of the Planning Commission of the City of
Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a
meeting of the Planning Commission of the City of Anaheim held on September 12, 2022,
by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of
September, 2022.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 6 - PC2022-***
- 7 - PC2022-***
EXHIBIT “B”
DEVELOPMENT APPLICATION NO. 2021-00221
(DEV2021-00221)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
WITHIN 30 DAYS OF APPROVAL OF THE CONDITIONAL USE PERMIT
1 Owner/Developer shall install an approved backflow prevention
assembly on the water service connection(s) serving the property,
behind property line and building setback in accordance with Public
Utilities Department Water Engineering Division requirements.
Public Utilities
Department,
Water Engineering
Division
PRIOR TO FINAL BUILDING AND ZONING INSPECTION
2 Owner/Developer shall install an approved backflow prevention
assembly on the water service connection(s) serving the property,
behind property line and building setback in accordance with Public
Utilities Department Water Engineering Division requirements.
Public Utilities
Department,
Water Engineering
Division
3 All remaining fees/deposits required by Public Works department
must be paid in full.
Public Utilities
Department,
Development Services
Division
4 Record Drawings and As-Built Plans shall be submitted for review
and approval to the Department of Public Works, Development
Services Division.
Public Utilities
Department,
Development Services
Division
PRIOR TO ISSUANCE OF GRADING PERMIT
5 Prepare and submit a final grading plan showing building footprints,
finished grades, drainage routes, retaining walls, erosion control,
slope easements and other pertinent information in accordance with
Anaheim Municipal Code and the California Building Code, latest
edition.
Public Utilities
Department,
Development Services
Division
6 Prepare and submit a final drainage study, including supporting
hydraulic and hydrological data to the City of Anaheim for review
and approval. The study shall confirm or recommend changes to the
City's adopted Master Drainage Plan by identifying off-site and on-
site storm water runoff impacts resulting from build-out of
permitted General Plan land uses. In addition, the study shall
identify the project's contribution and shall provide locations and
sizes of catchments and system connection points and all
downstream drainage-mitigating measures including but not limited
to offsite storm drains and interim detention facilities.
Public Utilities
Department,
Development Services
Division
- 8 - PC2022-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OF BUILDING PERMITS
7 All CBC and CFC requirements shall be followed for permit
issuance. Any fire permits which includes fire sprinklers, fire alarm,
etc. shall be submitted directly to Anaheim Fire Prevention
Department.
Anaheim Fire
Prevention
Department
8 Group E occupancy shall provide a manual and automatic fire alarm
system that initiates the occupant notification signal utilizing an
emergency voice/alarm communication system meeting the
requirements of Section 907.5.2.2 and installed in accordance with
Section 907.6
Anaheim Fire
Prevention
Department
9 The project driveways shall be right-turn in/out only driveways.
That prior to the issuance of a building permit, plans shall be
submitted showing R3-5(R) (RIGHT-TURN-ONLY) sign at the
project driveways. Subject property shall thereupon be developed
and maintained in conformance with said plans.
Public Utilities
Department,
Traffic Division
10 That prior to the issuance of a building permit, street improvement
plans shall be submitted showing R6-1(R) (ONE-WAY) signs on
the median directly in front of project driveways for review and
approval. Signs shall be installed prior to the first building and
zoning inspection.
Public Utilities
Department,
Traffic Division
11 Provide a certificate, from a Registered Civil Engineer, certifying
that the finished grading has been completed in accordance with the
City approved grading plan.
Public Utilities
Department,
Development Services
Division
12 All Landscape plans shall comply with the City of Anaheim adopted
Landscape Water Efficiency Guidelines. This ordinance is in
compliance with the State of California Model Water Efficient
Landscape Ordinance (AV 1881).
Public Utilities
Department,
Development Services
Division
13 All backflow equipment shall be located above ground outside of
the street setback area in a manner fully screened from all public
streets and alleys. Any backflow assemblies currently installed in a
vault will have to be brought up to current standards. Any other large
water system equipment shall be installed to the satisfaction of the
Water Engineering Division outside of the street setback area in a
manner fully screened from all public streets and alleys. Said
information shall be specifically shown on plans and approved by
Water Engineering and Cross Connection Control Inspector.
Public Utilities
Department,
Water Engineering
Division
- 9 - PC2022-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
14 All requests for new water services, backflow equipment, or fire
lines, as well as any modifications, relocations, or abandonments of
existing water services, backflow equipment, and fire lines, shall be
coordinated and permitted through Water Engineering Division of
the Anaheim Public Utilities Department.
Public Utilities
Department,
Water Engineering
Division
15 All existing water services and fire services shall conform to current
Water Services Standards Specifications. Any water service and/or
fire line that does not meet current standards shall be upgraded if
continued use is necessary or abandoned if the existing service is no
longer needed. The Owner/Developer shall be responsible for the
costs to upgrade or to abandon any water service or fire line.
Public Utilities
Department,
Water Engineering
Division
GENERAL
16 The following minimum horizontal clearances shall be maintained
between proposed water main and other facilities:
• 10-feet minimum separation (outside wall-to-outside wall)
from sanitary sewer mains and laterals
• 5-feet minimum separation from all other utilities,
including storm drains, gas, and electric
• 6-feet minimum separation from curb face
• 10-feet minimum separation from structures, footings, and
trees.
The following minimum clearances shall be provided around all
new and existing public water facilities (e.g. water mains, fire
hydrants, service laterals, meters, meter boxes, backflow devices,
etc.):
• 10 feet from structures, footings, walls, storm water BMPs,
power poles, street lights, and trees.
• 5 feet from driveways, BCR/ECR of curb returns, and all
other utilities (e.g. storm drain, gas, electric, etc.) or above
ground facilities.
Public Utilities
Department,
Water Engineering
Division
17 That ongoing during project operations, student pick-up/drop-off
shall be performed on site.
Public Works
Department,
Traffic Engineering
18 That ongoing during project operations, gates shall remain open
during business hours.
Public Works
Department,
Traffic Engineering
19 All new landscaping shall be installed in conformance with Chapter
18.46 “Landscape and Screening” of the Anaheim Municipal Code
and shall be maintained in perpetuity. Landscaping shall be
replaced in a timely manner in the event that it is removed, damaged,
diseased and/or dead.
Planning & Building
Department,
Planning Services
Division
- 10 - PC2022-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
20 The business shall be operated in accordance with the Letter of
Operations, Requests, and Justifications (Attachment 3) submitted
as part of this application. Any changes to the business operation as
described in that document shall be subject to review and approval
by the Planning Director to determine substantial conformance with
the Letter of Operations, Requests, and Justifications and to ensure
compatibility with the surrounding uses.
Planning and Building
Department,
Planning Services
Division
21 The day care facility shall be limited to no more than 118 children
and 10 staff to ensure that adequate parking is maintained. Any
increase in children and/or staff shall require the applicant to
modify the Conditional Use Permit.
Planning and Building
Department,
Planning Services
Division
22 The Applicant shall defend, indemnify, and hold harmless the City
and its officials, officers, employees and agents (collectively
referred to individually and collectively as “Indemnitees”) from
any and all claims, actions or proceedings brought against
Indemnitees to attack, review, set aside, void, or annul the decision
of the Indemnitees concerning this permit or any of the
proceedings, acts or determinations taken, done, or made prior to
the decision, or to determine the reasonableness, legality or
validity of any condition attached thereto. The Applicant’s
indemnification is intended to include, but not be limited to,
damages, fees and/or costs awarded against or incurred by
Indemnitees and costs of suit, claim or litigation, including
without limitation attorneys’ fees and other costs, liabilities and
expenses incurred by Indemnitees in connection with such
proceeding.
Planning & Building
Department,
Planning Services
Division
23 The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days of
the issuance of the final invoice or prior to the issuance of building
permits for this project, whichever occurs first. Failure to pay all
charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
Planning & Building
Department,
Planning Services
Division
24 The property shall be developed substantially in accordance with
plans and specifications submitted to the City of Anaheim by the
applicant and which plans are on file with the Planning Department.
Planning & Building
Department,
Planning Services
Division
ATTACHMENT NO. 2
Anaheim Kids Academy
3330 West Lincoln Ave. Anaheim, Ca. 92804
Page 1 of 5
Letter of Operations, Requests & Justifications
8-29-2022
RE: DEV2021-00221
To:
City of Anaheim Planning & Zoning Division,
200 Anaheim Blvd #145
Anaheim, CA 92805
Operations:
We have purchased the property located at 3330 W Lincoln Ave, Anaheim, to open and
operate a preschool/childcare center with a capacity of 118 children. Presently, the building
is used as both a church and a preschool, but we would like to convert the entire building to
a preschool.
With our previous experience operating preschools, we believe that this location is a prime
spot for a preschool. It will benefit local parents by fulfilling the high demand that working
parents have for childcare and education in the city of Anaheim. Along with also providing
necessary childcare to working parents, the preschool will also provide jobs to available
workers in Anaheim.
Hours of operation will be from 6:30am – 6pm, Monday through Friday.
The operations that will be conducted are simply preschool and daycare operations. To be
more specific, we will both teach and care for children of the age of 6 weeks to 5 years old.
We will hire qualified teachers and caretakers, along with an experienced director, to
execute such operations. We also require all employees to pass a background check.
Furthermore, Harshi Antony (preschool owner/operator with 20+ years of experience), and
preschool area manager with 10+ years of experience will be on-site to oversee the proper
operation of the proposed preschool.
There will be up to 10 employees on site depending on student attendance, one teacher per
every 12 students is required.
The next three pages are parking data from three of our other schools.
ATTACHMENT NO. 3
1. Kid Town USA - 13500 Paramount Blvd. South Gate CA 90280
Capacity 144. Enrolled 141
Parking spaces – 19
Child drop off schedule – 6:30am – 11am Child pick up schedule – 11:30 am – 6:00pm
(Maximum parking spaces used at one time is 7)
Time No. of kids No. of cars Time No. of kids No. of cars
6:30 3 3 11:30 3 3
6:40 4 3 11:40 2 2
6:50 5 4 11:50 4 3
7:00 5 5 12:00 3 3
7:10 6 6 12:10 4 3
7:20 6 5 12:20 5 5
7:30 5 4 12:30 5 5
7:40 6 5 2:30 4 4
7:50 6 6 2:40 5 4
8:00 7 7 2:50 5 5
8:10 7 6 3:00 4 4
8:20 6 6 3:10 4 4
8:30 7 6 3:20 5 5
8:40 6 6 3:30 5 5
8:50 6 5 3:40 5 4
9:00 5 5 3:50 6 6
9:10 5 5 4:00 5 5
9:20 5 5 4:10 5 5
9:30 4 5 4:20 6 6
9:40 5 4 4:30 5 5
9:50 4 4 4:40 5 4
10:00 5 5 4:50 5 5
10:10 5 4 5:00 7 7
10:20 5 4 5:10 6 6
10:30 4 4 5:20 6 5
10:40 4 4 5:30 6 6
10:50 3 3 5:40 6 6
11:00 2 2 5:50 5 5
Total 141 6:00 5 5
Total 141
2. Fullerton Children's Academy - 3516 W Commonwealth Ave. Fullerton CA 92833
Capacity 70. Enrolled 70
Parking spaces – 9
Child drop off schedule – 6:30am – 11am Child pick up schedule – 11:30 am – 6:00pm
(Maximum parking spaces used at one time is 4)
Time No. of kids No. of cars Time No. of kids No. of cars
6:30 2 2 11:30 1 1
6:40 2 1 11:40 1 1
6:50 3 3 11:50 2 2
7:00 3 3 12:00 3 3
7:10 2 2 12:10 3 2
7:20 1 1 12:20 2 2
7:30 2 2 12:30 1 1
7:40 2 2 2:30 2 2
7:50 3 2 2:40 2 2
8:00 4 4 2:50 2 2
8:10 4 3 3:00 2 2
8:20 4 4 3:10 3 2
8:30 3 3 3:20 3 3
8:40 2 2 3:30 2 2
8:50 3 3 3:40 3 3
9:00 3 3 3:50 3 3
9:10 4 4 4:00 2 2
9:20 3 3 4:10 2 2
9:30 3 2 4:20 2 2
9:40 2 2 4:30 3 3
9:50 2 2 4:40 3 2
10:00 3 3 4:50 2 2
10:10 2 2 5:00 4 4
10:20 3 3 5:10 3 3
10:30 2 2 5:20 4 4
10:40 1 1 5:30 3 3
10:50 2 2 5:40 3 2
11:00 0 0 5:50 2 1
Total 70 6:00 2 2
Total 70
3. Rainbow Kids Academy - 12914 Hazel Ave. Garden Grove CA 92841
Capacity 53. Enrolled 45
Parking spaces - 6
Child drop off schedule – 6:30am – 11am Child pick up schedule – 11:30 am – 6:00pm
(Maximum parking spaces used at one time is 3)
Time No. of kids No. of cars Time No. of kids No. of cars
6:30 1 1 11:30 0 0
6:40 0 0 11:40 1 1
6:50 0 0 11:50 1 1
7:00 1 1 12:00 2 2
7:10 2 2 12:10 2 2
7:20 2 2 12:20 2 2
7:30 2 1 12:30 1 1
7:40 2 2 2:30 1 1
7:50 2 2 2:40 2 2
8:00 3 3 2:50 2 1
8:10 2 2 3:00 2 2
8:20 2 2 3:10 2 2
8:30 3 3 3:20 2 2
8:40 3 3 3:30 1 1
8:50 2 2 3:40 2 2
9:00 1 1 3:50 1 1
9:10 2 2 4:00 1 1
9:20 2 2 4:10 2 2
9:30 1 1 4:20 3 2
9:40 2 2 4:30 1 1
9:50 1 1 4:40 2 2
10:00 1 1 4:50 1 1
10:10 2 2 5:00 2 2
10:20 0 0 5:10 2 2
10:30 1 1 5:20 1 1
10:40 2 2 5:30 2 2
10:50 2 1 5:40 1 1
11:00 1 1 5:50 2 2
Total 45 6:00 1 1
Total 45
Anaheim Kids Academy
3330 West Lincoln Ave. Anaheim, Ca. 92804
Page 2 of 5
Requests:
1 – Conditional use permit to allow use of existing Church / Day Care Center as a Day
Care Center only.
Justification:
1. Indicate how the proposed use will not adversely affect the adjoining land uses or the
growth and development of the area.
The proposed use will not adversely affect anything because we will not be conducting any
activity that would affect the adjoining land uses or the growth and development of the area.
There even already exists gating and walls around the entire perimeter of the property to
ensure that business activity remains within the property, and outside activity remains
outside. Any effect caused by the proposed use (preschool) will be only positive.
2. Explain how the site proposed for the use is large enough to accommodate anticipated
growth of the development and allow the continued operation without causing a
detriment to the particular area or to health and safety.
The site is plenty large and sufficient in size. We aren’t actually increasing the size of
the property, and since we would be running the property as a preschool, we will actually
have a lower capacity than the property’s current use (church). Because we have experience
running multiple preschools, we already have safety protocols in place that determine how we
do things such as manage traffic or take care of children. Furthermore, except for children’s
outdoor playtime and parent drop-off and pick-up, all activity is conducted indoors and will not
cause any detriment to any area or to the health and safety of anyone.
3. Indicate how the traffic generated by the proposed use will not impose an undue
burden upon the roads designed and constructed to handle the traffic in the area.
The traffic generated by the proposed use (preschool) will not impose any undue
burden upon the roads, and will actually be less than the traffic generated by the current
existing use (church). Also as stated in the previous response, the capacity of the building,
and the number of people within the building at any given time will be less than the current
use (church). We have two separate entry/exit driveways on opposing sides of the property
to allow the smooth inflow and outflow of traffic. Parents will only be at the property briefly
before going to work and picking them up after work. Drop-off and pick-up takes less than 5
minutes per parent, (usually 3 minutes). They will be dropping off their children in the morning
(6:30am-11am) and picking up their children between noon to evening (12pm-6pm). Children
get dropped off at different times, so there will never be congestion from parents coming at
the same time. There are an average of 4 kids dropped of every 10 minutes, and it’s common
for some kids to be siblings that arrive in the same vehicle. There will be no business
conducted on the weekends, so no traffic will be generated then.
Anaheim Kids Academy
3330 West Lincoln Ave. Anaheim, Ca. 92804
Page 3 of 5
4. Indicate how approval of this Conditional Use Permit or Minor Conditional Use Permit
with any conditions of approval, will not harm the health and safety of the citizens of
the City of Anaheim.
We will be running a preschool & child daycare center that couldn’t possibly harm the
health or safety of the citizens of Anaheim. Any impact by our childcare center will be only
positive. We will create jobs, educate and take care of children, and make sure the property
and surrounding area is clean. We will provide a safe, loving environment for children while
their parents are at work. We will allow working parents that are struggling to balance a job
and take care of their children a huge service! As stated in a previous response, we also have
a set of safety protocols in place to ensure the health and safety of children, parents, and
employees. We will bring only positive change to the citizens and city of Anaheim.
2 – Request administrative adjustment to number of parking stalls required.
Justification:
Parking Requirement For Day Care Centers per A.M.C. Section 18.42.040.
One space per employee plus one space for each 10 students.
No. of employees = 10 x 1 space ea. = 10 spaces
No. of students = 118 x 1 space per 10 students = 11.8 spaces, rounded up to 12 spaces
Plus one loading space to be used for student drop-off and pick-up.
Required Spaces: 10 + 12 + 1 = 23.
Provided Spaces: = 21.
Student drop-off times are scattered between 6:30 am and 11:00 am. From our past
experience operating our other day care centers, actual number of vehicles arriving at any
10 minute block of time never exceeds 6, see schedule.
Student pick-up times are scattered between 12pm and 6 pm. and also from our past
experience operating our other day care centers, actual number of vehicles arriving at any
10 minute block of time never exceeds 6, see schedule.
See attached Trip Generation Memo prepared by traffic engineer for more information.
.
We only have room for 21 parking spaces. We need to have a secured safe outdoor area for
children to play without the risk of wandering into traffic lanes, so this limits parking to front.
Anaheim Kids Academy
3330 West Lincoln Ave. Anaheim, Ca. 92804
Page 4 of 5
Request administrative exemption for the two missing spaces.
Sample child drop off schedule from 6:30am-11:00am
Dropoff time Children Vehicles
6:30 - 6:40 am 5 4
6:40 - 6:50 am 4 4
6:50 - 7:00 am 5 3
7:00 - 7:10 am 3 3
7:10 - 7:20 am 3 3
7:20 - 7:30 am 6 6
7:30 - 7:40 am 5 5
7:40 - 7:50 am 6 4
7:50 - 8:00 am 5 4
8:00 - 8:10 am 4 4
8:10 - 8:20 am 5 5
8:20 - 8:30 am 4 4
8:30 - 8:40 am 3 3
8:40 - 8:50 am 5 4
8:50 - 9:00 am 6 5
9:00 - 9:10 am 4 4
9:10 - 9:20 am 4 3
9:20 - 9:30 am 4 4
9:30 - 9:40 am 5 5
9:40 - 9:50 am 4 4
9:50 - 10:00 am 5 4
10:00 - 10:10 am 4 4
10:10 - 10:20 am 3 3
10:20 - 10:30 am 5 4
10:30 - 10:40 am 4 4
10:40 - 10:50 am 4 4
10:50 - 11:00 am 3 2
As can be seen from the schedule above, which is based on existing school drop off data, we will not
use all 21 parking spaces at any given time. It usually takes less than 5 minutes to drop off a child.
Anaheim Kids Academy
3330 West Lincoln Ave. Anaheim, Ca. 92804
Page 5 of 5
The adjacent building at the rear is non-habitable covered parking. See photo.
Sincerely:
Antony Investments
Cyrano and Harshi Antony
1035 S. Taylor Ct. Anaheim, Ca. 92808
(714) 315-3817 or (714) 403-8837