Resolution-PC 2003-38~
RESOLUTION NO. PC2003-38
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04653 BE GRANTED
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:
THE SOUTH 66 FEET OF THE NORTH 198 FEET OF THE SOUTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND
MERIDIAN, AS PER MAP RECORDED IN BOOK 27, PAGE 33, IN THE OFFICE OF
THE COUNTY RECORDER OF ORANGE COUNTY. (APN 079-172-51)
AND
THE SOUTH 66 FEET OF THE NORTH 132 FEET OF THE SOUTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE CITY OF ANAHEIM , COUNTY OF ORANGE, STATE OF
CALIFORNIA. EXCEPT THEREFROM THE EAST 400 FEET THEREOF.
(APN 079-172-52)
A .N.Q
THE NORTH 66 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 4
SOUTH, RANGE 11 WEST, SAN BERNARDINO BASF qNn nnFRininni ~;Ty n~
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA. EXCEPT THEREFROM
THE EAST 400 FEET THEREOF. (APN 079-172-50)
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on February 10, 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 that said public
hearing was continued to the February 24, 2003 Planning Commission meeting; 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 18.21.050.105 to wit: to expand an existing pre-school and construct
additional classroom area with waiver of the following:
(a) Section 18.04.042.020 - Setback for an institutional use adiacent to a residential zone
boundarv.
(Required: 15 feet adjacent to RM-3000 "Residential, Multiple-
Family' zoning to the north, RS-5000 "Residential, Single-
Famil~' zoning to the east, and RS-A-43,000 zoning to the south;
Proposed: 9-foot setback to a building and no setback to the
playground and parking area existing and proposed to the north,
no setback to the playground to the east, and 6'-10" setback to
buildings and no setback to the playground existing and
proposed to the south)
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(b) Sections 18.06.050.010.011 - Minimum number of qarkinq spaces.
18.06.050.020.026.0264 (19 spaces required; 11 spaces proposed and concurred with
18.06.080 by the City Traffic and Transportation Manager)
and 18.21.066.010
(c) Section18.21.063.020 - Minimum side vard setback.
(10 feet required; 5 feet proposed)
2. That subject property consist of three parcels in the RS-A-43,000 zone; that the existing
pre-school and day care facility was established on the two northerly lots (848 and 900 South Knott
Avenue) under Conditional Use Permit No. 1943 which permits a pre-school at 900 South Knott Avenue
(approved by the Planning Commission on February 26, 1979 under Resolution No. PC79-44) and
Conditional Use Permit No. 3762 which permits a child day care facility for up to 60 children at 848 and
900 South Knott Avenue with waiver of permitted encroachment into required front yard (approved by
Commission on May 15, 1995 under Resolution No. PC95-54); and that the proposed expansion
includes the third parcel at 906 South Knott Avenue.
3. That waivers (a) and (c), minimum structural setback for an institutional use adjacent to a
residential zone boundary and minimum side yard setback, are hereby approved because this pre-
school/day care facility operates on three separate lots and the setback requirements specific to the
interior lot lines are not essential for buffering the institutional use from these individual properties; that
no additional impacts are imposed on residential properties to the east by the construction of the new
daycare building; that there are special circumstances applicable to subject properties due to the lot's
configuration being smaller and narrower than other identically zoned properties in the vicinity; and that
application of the Zoning Code deprives the property of privileges__enjoyed by other proper~ies ~nder
identical zoning classification in the vicinity.
4. That the waiver (b), minimum number of parking spaces, is hereby approved on the basis
that approval will not cause fewer off-street parkina spaces to be or~vic~e~ fnr t~P r~~p~ss~± :.~~~ t~~r th~
number of such spaces necessary to accommodate all vehicles attributable to such use under the normal
and reasonably foreseeable conditions of operation of said use.
5. That approval of the parking waiver will not increase the demand and competition for
parking spaces upon the public streets in the immediate vicinity of the proposed use.
6. That approval of the parking waiver will not increase the demand and competition for
parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which
property is not expressly provided as parking for such use under an agreement in compliance with
Section 18.06.010.020 of the Anaheim Municipal Code).
7. That approval of the parking waiver will not increase traffic congestion within the off-street
parking area provided for the proposed use.
8. That approval of the parking waiver will not impede vehicular ingress to or egress from
adjacent properties upon the public streets in the immediate vicinity of the proposed use.
9. That the proposed expansion of the pre-school/day care center, under the conditions
imposed, will not adversely affect the adjoining residential, office and retail land uses, nor restrict the
growth and development of the area in which it is located.
10. That the size and shape of the site for the proposed expansion of the existing pre-
school/day care facility and is adequate to allow full development of the proposal in a manner not
detrimental to the particular area nor to the peace, health, safety and general welfare.
11. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry traffic in the area; and that the expansion of the
pre-school/day care center has adequate parking and a drop-off area for children, as required.
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12. 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.
13. That no one indicated their presence at the public hearing on either February 10 or
February 24, 2003; and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to expand an existing pre-school and construct
additional classroom area with waivers of minimum structural setback for an institutional use adjacent to a
residential zone boundary, minimum number of parking spaces and minimum side yard setback on a
rectangular 0.96 acre property having a frontage of 198 feet on the east side of Knott Avenue and a
maximum depth of 210 feet, being located 465 feet north of the centerline of Ball Road, and further
described as 848, 900 and 906 South Knott 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 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:
1. That the hours of operation, as stipulated by the petitioner, shall be the same as originally approved
for the existing private school and day care facility und.er Condi.tional Use -l'erKnit No. 3762: Monday
through Friday from 6:00 a.m. to 6:00 p.m.
2. That the private school and day care facility, both existing and expanded, shall not exceed sixty (60)
children on-site at any time.
3. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
4. That a minimum of eleven (11) parking spaces (including one (1) handicapped space) as approved
herein, shall be provided on-site at all times, in conformance with minimum Code requirements.
5. That no `compacY or `small car' parking spaces shall be permitted.
6. That a licensed architect shall prepare plans that satisfy the requirements of the 2001 California
Building Code for new buildings intended for "E-3" (education) occupancy. Said information shall be
specifically shown on the plans submitted for building permits.
7. That in accordance with CBC Table 5A of the 2001 California Code, and if required by the City of
Anaheim Building Division, the existing buildings and the new addition shall be provided with a one
(1) hour exterior wall within ten (10) feet from property lines. In addition, all openings within ten (10)
feet must be protected. A thirty (30) inch high parapet shall be required along the south side of the
property. Said information shall be specifically shown on the plans submitted for building permits.
8. That the proposed addition shall comply with the State of California Title 25 handicap accessibility
requirements for parking, path of travel, restrooms, etc. Said information shall be specifically shown
on the plans submitted for building permits.
9. That the developer shall submit a Water Quality Management Plan ("WQMP") specifically identifying
the post construction best management practices that will be used on-site to control predictable
polfutants from storm water runoff. The WQMP shall be submitted to the Public Work Department,
Development Services Division, for review and approval.
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10. That trash storage area(s) shall be maintained in location(s) acceptable to the Public Works
Department, Streets and Sanitation Division, and in accordance with approved plans on file with said
Department. Said storage area(s) shall be designed, located and screened so as not to be readily
identifiable from adjacent streets or highways. The walls of the storage area(s) shall be protected
from graffiti opportunities by the use of plants such as minimum one (1) gallon sized clinging vines
planted on maximum three (3) foot centers or tall shrubbery.
11. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to
the Public Works Department, Streets and Sanitation Division, for review and approval.
12. That an unsubordinated covenant to hold the three (3) parcels (at 848, 900 and 906 South Knott
Avenue) as one (1) for purposes of access and parking shall be submitted to the Zoning Division for
review and approval as to form by the City Attorney. Following approval, said covenant shall be
recorded with the Orange County Recorder and a recorded copy shall be submitted to the Zoning
Division. Should the pre-school and day care facility at 848, 900 and 906 Knott Avenue (operating
under Conditional Use Permit Nos. 1943, 3762 and 2003-04653) be terminated, said covenant shall
terminate by its own effect.
13. That subject property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
14. That the proposal shall comply with all sign regulations and requirements of the RS-A-43,000
(Residential/Agricultural) Zone unless a variance allowing sign waivers is approved by the Planning
Commission or City Council. Any additional signage beyond what. is existing shall .be subj~ct to
-~ review and approval by the Planning Commission as a'Reports and Recommendations' item.
15. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim b_y the petitioner and which plans are nn fi~P w~ti-, tnP piann~n~
Department marked Exhibit Nos. 1, 2 and 3, and as conditioned herein.
16. That prior to issuance of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 6, 7, 8, 9, 10, 11, 12 and 19, herein-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.
17. That prior to final building and zoning inspections, Condition No. 15, above-mentioned, shall be
complied with.
18. 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.
19. That the legal property owner shall submit a letter requesting termination of Conditional Use Permit
No. 1943 (to permit a preschool at 900 South Knott Avenue) to the Zoning Division.
BE IT FURTHER RESOLVED that granting of the parking waiver shall be deemed
contingent upon operation of the approved use in conformance with the assumptions relating to the
operation and intensity of the use as contained in the parking demand study that formed the basis for
approval of said waiver. Exceeding, violating, intensifying or otherwise deviating from any of said
assumptions as contained in the parking demand study shall be deemed a violation of the express
conditions imposed upon said waiver which shall subject said waiver to termination or modification
pursuant to the provisions of Sections 18.03.091 "Termination or Modification of Amendments,
Conditional Use Permits or Variances (Procedure)" and 18.03.092 "Termination or Modification of
Conditional Use Permits or Variances (Grounds)" of the Anaheim Municipal Code.
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BE IT FURTHER RESOLVED that the Anaheim City 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
February 24, 2003. ~
'ERSON PRO TEMPORE
IM CITY PLANNING COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 February 24, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
~ 6j ~C ~ , 2003.
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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