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Resolution-PC2025-022RESOLUTION NO. PC2025-022 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING A CONDITIONAL USE PERMIT TO PERMIT A DAY CARE CENTER FOR CHILDREN AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2025-00006) (1132 NORTH BROOKHURST STREET) 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 children (the "Proposed Project") on certain real property located at 1132 North Brookhurst Street 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 0.29 acres in area and is developed with a 3,254 square -foot single -story commercial building. The Property is designated for General Commercial land 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 August 11, 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 fords 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 within an existing 3,254-square-foot commercial building with minor interior modification and exterior site improvements, 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 Zones of the Code, subject to a conditional use permit for a Day Care Center for children. 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 proposed Day Care Center is not anticipated to adversely affect the adjoining land uses as the proposed use will operate within an existing building, with the majority of the activities occurring indoors, thereby limiting potential disturbances to adjacent properties. A new playground area is proposed along the eastern property line, which is located adjacent to an existing parking lot on the neighboring office property and will provide an approximately 140-foot physical separation between the play area and the nearest residential properties to the east. The playground is anticipated to have a maximum of fifteen children at a given time in accordance with State regulations with three 40-minute rotations to further limit the amount of noise. Moreover, the proposed use is not anticipated to affect the growth and development of the area by introducing any adverse conditions or incompatible activities as it would be compatible with the existing K-6 school to the north. 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 of adequate size and shape to accommodate the proposed Day Care Center which will occupy an existing 3,254-square-foot commercial building on a 0.29- acre parcel. The site can accommodate more than the minimum number of parking spaces required by Code, as well as the proposed playground area. Planned modifications to the existing parking lot include the addition of a turnaround stall to provide vehicles with sufficient space for backing maneuvers. Combined with the applicants' proposed business operations and schedule, including staggered pick-up and drop-off times, these improvements will ensure that circulation occurs in an orderly manner, minimizing potential conflicts, and promoting the health and safety of day care attendees and the surrounding area. Additionally, interior improvements are proposed to accommodate the use, all of which will conform to applicable codes and regulations. 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 pick-up and drop-off activities, as well as parking, would be contained on -site. As outlined in the operations letter, the applicant proposes a staggered pick-up and drop-off schedule to avoid conflicts with the - 2 - PC2025-022 neighboring school operations, which will be further limited to a certain number of time slots, and maximum number of children per slot. Additionally, each time slot will be separated by 15-minute intervals to facilitate smooth on -site vehicle circulation and ensure that parents or guardians can enter and exit the site safely and efficiently. This will minimize potential traffic impacts on adjacent roadways and prevent congestion during peak activity periods. Furthermore, the site will provide a total of ten parking stalls, five of which would be reserved for pick-up and drop-off based on scheduled time slots, four reserved for staff, and one remaining stall available as needed. Should additional space be needed for queuing or on -site circulation, a staging area will be available along the northern property line adjacent to the parking stalls. This area will not encroach upon the drive aisle and will be used without disrupting site circulation. 5. 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 because the project has been designed to ensure that the operation of the proposed day care center would not adversely affect surrounding properties. Additionally, conditions of approval have been incorporated to maintain compatibility with the surrounding commercial and educational land uses. Therefore, as conditioned, the proposed use would not be detrimental to the health, safety, or general welfare of the citizens of the City of Anaheim. 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 pernut 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. - 3 - PC2025-022 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 August 11, 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. OF THE CITY OF ANAHEIM ATTEST: SECRET. ,R ING COMMISSION OF THE CITY O NAHEIM - 4 - PC2025-022 EXHIBIT "A" DEV NO.2025-00006 APN: W GRAYSON AVE tu 072-415-33 Q aQ H Q v z W FALMOUTH AVE F- D 1 Y 253' O LO 253' ;n Ir CC z I S � I o so 100 Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/- two to five feet. EXHIBIT "B" CONDITIONAL USE PERMIT(DEV2025-00006) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO BUSINESS OPERATION 1 The Applicant/Owner shall submit building plans for review and Planning and Building approval for all tenant improvements. Department, Planning Services Division PRIOR TO BUILDING PERMIT ISSUANCE 2 All CBC and CFC requirements shall be met for permit issuance. Anaheim 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. PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 3 The Applicant/Owner shall make improvements to the parking Planning and Building Department, lot consisting of resurfacing and restriping. P12ERLng Services Division Planning and Building 4 The Applicant/Owner shall rehabilitate the front yard Department, landscaping and restore it to a healthy condition. Planning Services Division The, Applicant/Owner shall remove the unpermitted sign located Planning and Building 5 in the front yard. Should a new sign be desired, the Department, Applicant/Owner shall submit plans for a new sign for review Planning Services Division and approval by the Planning and Building Department. WITHIN 30 DAYS OFAPPROVAL OF THE CONDITIONAL USE PERMIT The Applicant/Owner shall install an approved backflow Public Utilities Water prevention assembly on the water service connection(s) serving Engineering 6 the property, behind property line and building setback in accordance with Public Utilities Department Water Engineering Division requirements. ONGOING DURING PROJECT OPERATIONS Vehicle deliveries including loading and unloading shall be Public Works Department, 7 performed onsite. Delivery vehicles shall not block any part of Traffic and Transportation the public right of way. Services NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT Public Works Department, Traffic and Transportation Services 8 Student pick-up/drop-off shall be performed on site. and Planning and Building Department, Planning Services Division Public Works Department, Traffic and Transportation 9 All vehicles associated with this facility, including staff vehicles, Servicesan shall be operable and parked on -site. Planning and Building Department, Planning Services Division The Applicant/Owner shall coordinate play time within the Planning and Building 10 designated playground area consistent with the state Department Department, Planning of Social Services, Community Care Licensing Division Services Division regulations. GENERAL 11 The business shall be operated in accordance with the Letter of Planning and Building Request and Operation 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. 12 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. 13 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, legality or validity of any condition attached thereto. The NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 14 The premises shall be developed substantially in accordance Planning and Building with plans and specifications submitted to the City of Anaheim Department, by the applicant, which plans are on file with the Planning and Planning Services Division Building Department, and as conditioned herein. 15 The Applicant/Owner is responsible for paying all charges Planning and Building related to the processing of this discretionary case application Department, within 30 days of the issuance of the final invoice or prior to the Planning Services Division 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. 16 Vehicle gates shall not be installed across the project driveways Public Works Department, or access roads as the site design does not allow any such gates Traffic and Transportation to conform to City of Anaheim Engineering Standard Detail 475 Services pertaining to gate set back distance, turnaround area, guest phone, separate lane for guest access, and minimum width for ingress/egress as required by the Fire and Rescue Department. Should gates be desired in the future, gates shall comply with the current version of City of Anaheim Engineering Standard Detail 475 and are subject to approval by the City Engineer. 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 August 11, 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 heXW116'-sy ha-N this 1 la' day of August 2025. Y. PLANN+NG COMMISSION OF THE CITY OF ANAHEIM