Resolution-PC 2000-52• ~
RESOLUTION NO. PC2000-52
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2000-04198 BE DENIED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
LOT 130 OF TRACT NO. 4181! AS PER MAP RECORDED IN BOOK 156,
PAGES 21 THROUGH 23 OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID ORANGE COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on May 8, 2000 at 1:30 p.m., notice of said public hearing having been duly given
as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidence for and against said proposed conditional use permit and to investigate
and make findings and recommendations in connection therewith; and
WHEREAS, said Commisslion, 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,
does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.44.050.120 to permit a day care center with a maximum enrollment
of 84 children and with waivers of the follovu~ing:
(a) Sections 18.04.042.020
and 18.44.063
(b) Sections 18.06.050.020.022
18. 06. 050.020.022. 0225
18. 06. 050. 020. 026. 0264
18.06.080
and 18.44.066.050
Minimum setback for institutional uses adiacent to residential
zones.
(15 feet required; none proposed adjacent to RS-7200
"Residential, Single-Family" zoning)
Minimum number of parking spaces.
85 spaces required; 77 spaces existing and concurred with by
tlie City Traffic and Transportation Manager)
2. That waiver (a), minimum setback for institutional uses adjacent to residential zones, is
hereby denied on the basis that the play area would eliminate the existing and required 15-foot
landscaped buffer between the school and the abutting single-family residences; that there are no
special circumstances applicable to the property such as size, shape, topography, location or
surroundings, which do not apply to other identically zoned properties in the vicinity; and that strict
application of the Zoning Code does not de;prive the property of privileges enjoyed by other properties
under identical zoning classification in the vicinity.
3. That waiver (b), minimum number of parking spaces, is hereby denied.
4. That the proposed use is hereby denied on the basis that the size and shape of the
property does not adequately allow for full establishment of the day care center and outdoor playground
Cr3946PK.DOC -1- PC2000-52
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area without detriment to the peace, health and safety of the neighboring residents and of the children
who would utili2e this facility.
5. That the proposed use, if approved, would impose an undue burden on the adjacent
residents due to the close proximity of the playground and elimination of the landscaped buffer area
adjacent to the residences.
6. That granting of this conditional use permit, even with the proposed conditions, would be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
7. That the proposed use, if approved, would adversely affect the adjoining land uses and
the growth and development of the area in which it is proposed to be located.
8. That the size and shape of the site proposed for the use is not adequate to allow full
development of the proposed use in a manner not detrimental to the particular area nor to the peace,
health, safety and general welfare of the Citizens of the City of Anaheim.
9. That the traffic generated by the proposed use, if approved, would impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the area.
10. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit a day care facility with a maximum enrollment
of 84 children and with waivers of minimum setback for institutional uses adjacent to residential zones
and minimum number of parking spaces on a irregularly-shaped 1.47-acre property located at the
northeast corner of Orangethorpe Avenue and Post Lane, having frontages of 357 feet on the north side
of Orangethorpe Avenue and 147 feet on the east side of Post Lane, and further described as 5247 East
Orangethorpe Avenue; and does hereby approve the Negative Declaration upon finding that the
declaration reflects the independent judgment of the lead agency and that it has considered the Negative
Declaration together with any comments received during the public review process and further finding on
the basis of the initial study and any comments received that there is no substantial evidence that the
project will have a significant effect on the environment.
NOW, THEREFORE, BE It RESOLVED that the Anaheim City Planning Commission
does hereby deny subject Petition for Cond'itional Use Permit on the basis of the aforementioned findings.
THE FOREGOING RESOLUTION was adopted at j la in mmission meeting of
May 8, 2000.
CHAIR ` PRO TEMPORE,
ANAHEI ITY PLANNING COMMISSION
ATTEST:
oC~l~p
SECRETARY, A HEIM CITY PLANNING COMMISSION
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• •
STATE OF CALiFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on May 8, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
, 2000.
~ , ~CJ~~QL~ .
SECRETAR~, ANAHEIM CITY PLANNING COMMISSION
(l
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