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
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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
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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