Resolution-PC 2003-150~ •
RESOLUTION NO. PC2003-150
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04778 BE GRANTED
WHEREAS, the Anaheim City P-anning 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:
PARCEL NO. 28 AS SHOWN ON A PARCEL MAP RECORDED IN BOOK 69, PAGES 2 AND
3 OF PARCEL MAPS, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, TOGETHER WITH A 1.791% UNDIVIDED INTEREST AS TENANT IN
COMMON IN THE COMMON AREA APPURTENANT THERETO DESIGNATED AS PARCEL
A ON SAID PARCEL MAP.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on November 3, 2003 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 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, 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 pediatric day health care facility.
2. That this childcare nursery will not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located because the use is geared toward special needs
day care and will serve only medically fragile children.
3. That granting this conditional use permit, under the conditions imposed, will not be detrimental
to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
4. That the size and shape of the property is adequate to serve the proposed pediatric day health
care facility.
5. That the traffic generated by the pediatric day health care will not pose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area.
6. 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: The Planning Director's authorized
representative has determined that the proposed project falls within the definition of Categorical Exemptions,
Class 1, as defined in the State of California Environmental Impact Report ("EIR") Guidelines and is, therefore,
categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found
to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and
general welfare of the Citizens of the City of Anaheim:
That this facility shall be limited to thirty (30) medically fragile children.
2. That there shall be no outdoor activities or play area in connection with this day care facility.
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3. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor use.
4. That the property shall be permanently maintained in an orderly fashion through the provision of regular
landscaping maintenance, removal of trash and debris, and removal of graffiti within a twenty four hours
from time of occurrence.
5. That the proposal shall comply with ali sign requirements of the CL (Commercial, Limited) Zone unless a
variance allowing sign waivers is approved by the Planning Commission or City Council.
6. That the subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file in the Planning Department
marked Exhibit Nos. 1 and 2, and as conditioned herein.
7. That prior to commencement of this business, a valid business license shall be obtained from the Business
License Division of the City of Anaheim Finance Department.
8. That this project shall comply with all requirements of an "E3" occupancy, as set forth in the California
Building Code. Said information shall be specifically shown on the plans submitted for Building Division
review and approval.
9. That four (4) foot high address numbers shall be displayed on the roof of the building in a contrasting color
to the roof material. The numbers shall not be visible to adjacent the streets or properties. Said
information shal~ be specifically shown on plans submitted to the Police Department, Community Services
Division, for review and approval.
___ __ 10. That prior to commencement of the activity authorized by this resolution or within a_period of on.e (1) year
from the date of this resolution, whichever occurs first, Condition Nos. 6, 7, 8 and 9, above-mentioned,
shall be complied with. Extensions for further time to complete said conditions may be granted in
accordance with Section 18.03.090 of the Anaheim Municipal Code.
11. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning 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.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find
and determine that adoption of this Resolution is expressly predicated upon applicanYs 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.
THE FOREGOING RESOLUTION was adopted at the lanning Commission meeting of
November 3, 2003.
AIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATT
ENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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I, Pat Chandler, Senior 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 November 3, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE ~
IN WITNESS WHEREOF, I have hereunto set my hand this _~'~~ay of ,
2003. . /~
SENIOR S~ETARY, ANAHEIM CITY PLANNING COMMISSION
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