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RES-1989-304RESOLUTION NO. 89R-304 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING ADMINISTRATIVE USE PERMIT (LARGE FAMILY DAY CARE HOME) NO. 89-02. WHEREAS, the Zoning Administrator of the City of Anaheim, as the authorized designee of the Planning Director of the City of Anaheim, did receive an application for an administrative use permit pursuant to Chapter 18.10 of the Anaheim Municipal Code from Kathleen and Delbert Swanson to permit a large family day care home under the authority of Sections 18.26.030.036, 18.01.070 and 18.04.140 of the Anaheim Municipal Code and Section 1597.46 of the Health and Safety Code of the State of California upon certain real property located at 2426 Transit Avenue, Anaheim, California; and WHEREAS, the Zoning Administrator did give public notice of said application within the time and manner specified in Section 18.10.040 of the Anaheim Municipal Code and, as a result thereof, did receive a timely request for a public hearing upon said application; and WHEREAS, the Zoning Administrator did hold a public hearing upon said application, notices of which hearing were duly given xn the manner required by law; and WHEREAS, said Zoning Administrator, after due consideration of all evidence and reports offered at said hearing, did adopt Zoning Administrator Decision No. 89-35 approving Administrative Use Permit (Large Family Day Care Home) No. 89-02; and WHEREAS, thereafter, within the time prescribed by law, an interested party appealed the decision of the Zoning Administrator to the City Council and caused the review of such action at a duly noticed public hearing before the City Council; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and testimony; and WHEREAS, the City Council finds, after careful consideration of the evidence and testimony offered at said hearing that: 1. The use and building site fails to comply with the applicable site development standards of the zone in which the property is located for the following reasons: (a) Said property is zoned RS-7200 which establishes a development standard of 7200 square feet for lots in such zone. (b) Said property is a rectangularly-shaped parcel of land consisting of only 6,155 square feet. (c) Said property fails to comply with the site development standard for the minimum square footage of lot area for parcels in the zone in which located and said property is too small in size to adequately accommodate the proposed use. 2. The use fails to comply with all of the criteria and standards established for such use pursuant to Section 18.04.140 of the Anaheim Municipal Code for the following reasons: (a) Such use fails to comply with all site development standards for the zone in which located (RS-7200) for the reasons set forth in Finding No. 1 above. (b) The proposed on-site vehicle loading and unloading area is obstructed or obscured by the recurrent parking and storage of a large recreational vehicle in the driveway of the property. 3. The use fails to conform to the noise limitation standards established in the Anaheim General Plan and Section 6.70.010 of the Anaheim Municipal Code for the following reasons: (a) The City of Anaheim has adopted a General Plan pursuant to the requirements of State law which Plan contains a Noise Element. (b) The Noise Element of the General Plan establishes policies to (i) "develop acceptable noise standards consistent with health and quality-of-life goals and employ effective techniques of noise abatement through such means as a noise ordinance, and (ii) protect residential development occupants from unusually loud exterior noise. (c) Table I of the Noise Element establishes a maximum permissible sound level standard generated from or upon any property (when measured upon any sound-receiving residential property) of 55 dBA between the hours of 7:00 a.m. and 10:00 p.m. and that such noise not exceed the standard plus 10 dBA for more than five minutes during any one hour period. (d) Section 6.70.010 of the Anaheim Municipal Code generally prohibits the creation of sounds in excess of 60 dBA when measured at the property line. (e) The proposed use will involve up to twelve children upon the property on a regular basis between the hours of 6:00 a.m. and 7:00 p.m. (f) Such children would be permitted to play outside after 8:00 a.m. daily and the noise collectively generated by such play activity would exceed the noise standards set forth in the Noise Element of the General Plan and Section 6.70.010 of the Anaheim Municipal Code; and WHEREAS, the City Council further finds that each of the hereinabove specified reasons independently is a sufficient basis to deny this application, and that such application would be denied by the City Council for each of the hereinabove specified reasons independently. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, and for each of said reasons independently one from the others, Administrative Use Permit (Large Family Day Care Home) No. 89-02 be, and the same is hereby, denied. BE IT FURTHER RESOLVED that the time within which rehearings must be sought is governed by the provisions of Section 1.12.100 of the Anaheim Municipal Code and the time within which judicial review of final decisions must be sought is governed by Section 1094.6 of the Code of Civil Procedure and Anaheim City Council Resolution No. 79R-524. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 18th day of July, 1989. CITY CLERK OF THE CITY OF ANAHEIM JLW:kh 3224L 072089 -3- CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 89R-304 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 18th day of July, 1989, by the following vote of the members thereof: AYES' COUNCIL MEMBERS' Daly, Kaywood and Hunter NOES' COUNCIL MEMBERS' None ABSENT' COUNCIL MEMBERS' Ehrle and Pickler AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 89R-304 on the 24th day of July, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 24th day of July, 1989. CITY CLERK OF THE CITY OF ANAHEIM ( SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 89R-304 duly passed and adopted by the Anaheim City Council on July 18, 1989. CITY CLERK OF THE CITY OF ANAHEIM