Resolution-PC2025-019RESOLUTION NO. PC2025-019
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ANAHEIM APPROVING A CONDITIONAL USE PERMIT TO
PERMIT A DAY CARE CENTER FOR ADULTS AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2025-00009)
(1035 NORTH MAGNOLIA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve a conditional use permit for a Day Care
Center for adults (the "Proposed Project") on certain real property located at 1035 North Magnolia
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 1 acre in area and developed with a 14,000
square -foot single -story commercial building. The property is designated for Neighborhood Center
uses in the General Plan. The Property is 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
Anaheim Municipal Code (the "Code"); and
WHEREAS, Day Care Center uses require a conditional use permit subject to the
approval by the Planning Commission pursuant to Subsection .040 of Section 18.08.030 (Uses);
and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 30, 2025, at 5:00 p.m., with 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 the Proposed Project 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"), the City is the "lead agency" for the preparation and consideration of environmental
documents for the Proposed Project; and
WHEREAS, the Planning Commission fmds that the effects of the Proposed Project are
Categorically Exempt from the requirements to prepare additional environmental documentation
per CEQA Guidelines, Section 15301—Existing Facilities. The Proposed Project is a request to
permit a Day Care Center for adults within an existing commercial building, and operation would
be consistent with historic levels of operation on the subject property. Pursuant to Section 15300.2
(c) and 15301 of Title 14 of the California Code of Regulations, no exceptions to the exemption
apply, there are no unusual circumstances in respect to the Proposed Project that would cause a
significant effect on the environment and, therefore, the Proposed Project would be categorically
exempt from the provisions of CEQA; and
WHEREAS, the 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 a conditional use permit, does find and determine the
following facts:
1. The Proposed Project is properly one for which a conditional use permit is
authorized as an allowable use within the Commercial Zone under subsection .040 of Section
18.08.030 (Uses) of Chapter 18.08 Commercial Zone of the Code, subject to a conditional use
permit for a Day Care Center for adults.
2. The Proposed Project, as conditioned herein, 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 use would be compatible with the surrounding commercial and retail uses. All activities will
take place indoors, with no outdoor operations, ensuring no adverse impact on adjacent properties
or the continued growth and development of the area.
3. 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 subject property is adequately sized and shaped to accommodate the
proposed Day Care Center. The approximately one -acre parcel is part of an existing commercial
retail center improved with commercial structures, three vehicular access points, and surface
parking. The Day Care Center will occupy a 14,000-square-foot commercial tenant space, with no
outdoor activities. As conditioned, building improvements associated with the use shall be subject
to city review and approval to ensure compliance with applicable accessibility, life safety, and
building code requirements.
4. 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 all loading,
unloading, and parking for participants and employees will occur entirely on -site, with the primary
form of transportation being passenger vans operated by the center, minimizing any potential
impact on public roadways. The proposed use does not involve an expansion of the existing
building, and its limited hours of operation will result in traffic volumes lower than typical
commercial uses. Given the adequacy of the existing infrastructure and the nature of the use, a
traffic study or Vehicle Miles Traveled analysis was not required, and no adverse traffic impacts
are anticipated.
5. The granting of the conditional use permit under the conditions imposed will not
be detrimental to the health and safety of the citizens of the City of Anaheim because the project
has been designed to ensure that the operation of the Day Care Center for adults will not adversely
affect surrounding properties. Conditions of approval have been incorporated to maintain
compatibility with the commercial retail center and surrounding land uses. Therefore, as
conditioned, the proposed use will not be detrimental to the health, safety, or general welfare of
the citizens of the City of Anaheim.
- 2 - PC2025-019
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 the conditional use permit, 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 the
Property for which the conditional use permit 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 (Extension of Time
to Comply With Conditions of Approval) of the Code. Timing for compliance with conditions of
approval may be amended by the Planning and Building 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 (Amendment of Permit
Approval) and 18.60.200 (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
June 30, 2025. 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.
- 3 - PC2025-019
ATTEST;
OF THE
CHAIRPfN SON, PL"NING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - PC2025-019
EXHIBIT "A"
DES' NO.2025-00009
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- 5 - PC2025-019
EXHIBIT "B"
CONDITIONAL USE PERMIT
(DEV2025-00009)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
PRIOR TO BUILDING PERMIT ISSUANCE
1
All CBC and CFC requirements shall be met for permit issuance.
Fire and Rescue
Any fire permits, which include fire sprinklers, fire alarm, etc.
Department
shall be submitted directly to the Anaheim Fire and Rescue
Department.
Public Works Department,
2
The applicant shall submit a written Solid Waste Management
Plan to the Public Works Department for review and approval.
Operations Division
PRIOR TO BUSINESS OPERATION
The applicant/business owner shall submit building plans for
Planning and Building
3
review and approval for all tenant improvements.
Department,
Planning Services Division
GENERAL
4
The business shall be operated in accordance with the Letter of
Planning and Building
Operation and Justification submitted as part of this application.
Department,
Any changes to the business operation as described in these
Planning Services Division
documents shall be subject to review and approval by the
Planning and Building Director to determine substantial
conformance with these documents, to determine that adequate
parking shall continue to be provided for onsite uses, and to
ensure compatibility with the surrounding uses.
5
Landscaping shall be replaced by the applicant in a timely
Planning and Building
manner if it is removed, damaged, diseased, and/or dead. All
Department,
new landscaping shall be installed by the owner/developer in
Planning Services Division
conformance with Chapter 18.46 "Landscape and Screening" of
the Anaheim Municipal Code and shall be maintained in
perpetuity.
6
The Applicant/Owner shall defend, indemnify, and hold
Planning and Building
harmless the City and its officials, officers, employees and
Department,
agents (collectively referred to individually and collectively as
Planning Services Division
"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,
NO.
CONDITIONS OF APPROVAL
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'.
7
The premises shall be developed substantially in accordance
with plans and specifications submitted to the City of Anaheim
by the applicant, which plans are on file with the Planning
Department, and as conditioned herein.
S
The Applicant/Owner 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.
RESPONSIBLE
DEPARTMENT
Planning and Building
Department,
Planning Services Division
Planning and Building
Department,
Planning Services Division
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Bridgette Bambrick, 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 June 30, 2025, by the following vote of the members
thereof:
AYES: Chairperson Walker, Commissioners Abdulrahman, Castro, Kelly, Lieberman, Perez,
and Tran-Martin.
NOES: None
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF, I have
hand this 30th day of June 2025.
G COMMISSION
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