PC 85-227o~~
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kESOLUTION N0. PC85-227
A RESOLUTION OF THE ANAHEIM CI1'y pLANNING COMh1ZSSION
APIENDIIJG CONDITIONS OF pLANNING COMPIISSION RESOLUTION N0. 82-68
APP2UVED IN CONNECTION WITH CONDITIONAL USE PERMIT N0. 2314
WY.EREAS, on Apcil 19, 1982, the City Planniny Commission granted
Conditional Use permit No. 2314, by Resolution No. PC82-68, to pecmit a
private day care and elementary educational facility Eor a maximum enrollment
of 260 children (ages 2-1/2 yeara through third grade) with waiver of minimum
number of parking spaces at G511 and 5513 Sercano Avenue; and
WHERGAS, said resolution contained the f.ollowing condition;
"Z• That subject propert,y shall be developed substantially in
accordance with plans and specification on file with the City of
Anaheim marked Exhibit Nos, 1 and 2°,
WHEREAS, the petitioner requests amendment to the above-mentioned
condition to expand Lhe existing private day care and elementary educational
facility on subject property by utilizing an additional 2,200 square feet in
the commercial complex for classrooms; and
WHEREAS, the petitionec is not proposing to increase the maximum
student enroliment of 260 children pceviously aPProved by the Planning
Commission; and
WFIEREAS, `_he City Planning Commission did hold a public hearing at
the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard,
Anaheim, on June 24, 1985, at 1;30 p.m., and continued said item to .TUly 22,
Septeniber 4, September 30, October 14 and October .28, 1985, notice of said
public hearing tiaving bee~ duly given as required by law and in accordance
with the provisions of the Anaheim Municipal Code, to hear and consider
evidence for and ag~inst said amendment to conditions of approval of said
conditional use permit and to investigate and make findings ~~~
recommendations in connectior, therew;tl~; and
WHEREAS, said Commission, after due inspection, investigation and
study made by itself at said public hearing, D~ES HEREBY FIND:
1. That five (5) persons indicated their presence in opposition to
subject request at the June 24, 1985, public hearing and 4 persons indicated
their presence in opposition at the October 14 and October 28, 1985 public
hearings; and that petitions cont~ining approsimately 35 signature~ were
presented in opposition; and petitions containing approximately 231 signatures
and six letters were presented in favor of the request.
2. That the proposed expansion of 2,Z00 sguare feet for classrooms
shall be approved subject to additional conditions being added to this
conditional use permit, as follows:
(a) That a minimum 6-foot hi9h sclid wooden fence shall be
constructed at the northeasterly corner. of the property
adjacent tc the grass area to keep children out ef said grass
area and to provide additional sound attenuation thereby
protecting nearby residential uses;
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(b) 'Phat the use of the playgcound area shall be limited to 9:15
a.m, to 11:00 a.m., 12:00 p.m. to 12:45 p.m., and 2:15 to
4;00 p,m„ and thaL there shall be no children outside the
building or in the playground except d~-ing those hours;
(c) That no more than 40 children shall be permitted at any one
time in the outside playground areas; and that those ~hildrer
shall be divided between the two playground areas;
(d) That no pa9ing and/ar sound amplification equipment shall be
installed oc used at any exterioc location of the subject
facility;
(e) That no toys which produce excessiv~ noise shall be permitted
outside the building, for instance, tricycles shall have
rubbec wheels not plastic;
(f) That g[oup activities sucti as singing, musicals,
instrumentals, sound amplification, etc., shall not be
permitted at any exterior location.
(g) That there shall. be no week-end or holiday use of the outside
playg~ound areas;
(h) ihat the existing brown playhouse structure shall be removed;
(i) Thzt the maximum dai.ly attendance of children at the school
shall be limited to 200 students on any one day, with the
maximum enrollment remainin9 at 260 students;
(j) That the minimum State of California required ratio of
children/teacher shall be complied with at all time in order
to maintain appropriate supervision of the children;
(k) That no children shall be allowed off the premises of subject
conditional usP permit; and
(1) That the existing fence along the driveway, on th2 east side
of the property shall be at least said six (6) feet Y~igh.
3. That Condition No. 2 of Resolution No. PC82-68 shall be amended
to read as follows:
"That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked
Revision No. 1 of Exhibit No, 1 and Exhibit Nos. 2 and 3; including
compliance with all conditions specified in Finding No. 2, above, and
with all recommendations for sound attenuation identified a~
mitigation measuces in the sound study prepared and submitted by
J. J. Van Houten and Associates, Inc., dated September 6, 1985.
NOW, THEREFORE, BE IT RESOLVED that an EIR Negative Declaration was
previously appcoved on Apcil 19, 1982, in connection with this conditional use
permic.
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PC85-227
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Bk; IT PUkTHER RESOLVED that pursuant to the foregoing findings, the
Anaheim City Planning Commission does hereby amend the conditions of Planning
Commission Resolution No. PC82-68 in their entirety to read as follows, said
conditions having heen found to be a necessary pcerequisite to the proposed
use of the subject p~operty in order to preserve the safety and general
welEare of the Citizens of the City of Anaheim:
1. That trash stocage areas shall be provided in accordance with
approved plans on file with the pfLice of the Maintenance Director.
2. That subject property shall be developed substantialiy in accordance
with plans and specifications on file with the City of Anaheim marked
Revision No. 1 of Exhibi;: P7o. 1 and Exhibit Nos. 2 and 3; including
cor~pliance with all conditions specified herein (said conditions
,' include the recommendations for sound attenuation identified as
mitigation measuces in the sound study prepared by J. J. Van Houten
and Associates, Inc., dated September 6, 1985).
3. That a minimum 6-fout high solid wooden fence shall be constructed at
the northeasterly corner of the property adjacent to the grass area
to keep children out of said grass area.
4. That the existing fence along the driveway on the east side of the
property shall be at least six (6) feet high.
5. That the existing brown playl~ouse structure shall be removed.
b. That the maximum daily attendance of children at the school shall be
limited 200 students un any onP day with the maximum encollment
remaining at 260 students.
7. That no more than 40 children shall be permitted at any one time in
the out•side playground areas; and that the children shall be divided
between the two playground areas;
8. That the minim!~m St~te c.L California, ceguired ratio of
children/teachers shall be maintained at alI time in order to
maintain appropriate supervision of the children;
9. That no children shall Se allowed off the premises of subject
conditional use permit; and
10. That the use of the playground area shall be limited to 9:15 a.m. to
11:00 a.m., 12:00 to 12:45 p.m,, and 2:15 to 4:00 p.m., and that
there sriall be no children outside in the playyround except during
those hours;
11. That there shall be nu week-end or holiday use oE the outside
playground areas;
12. Thzt no paging and/or sound amplification equipment shall be
inscalled or used at any exterior location of subject facility;
13. That no toys which produce exces~ive noise shall be permitted outside
the building. Foc instance, tricycles shall have rubber wheels not
plastic;
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14. That group activities such as singing, musicals, instrumentals, sound
amplification, etc., shall not be permitted at any exterioc locations.
15. That Condition NOs. l., 2, 3, 4 and 5, above-mentioned, shall be
complied with prior to final building and zoning inspections or
expansion of the use to the p~oposed 2200 square feet floor. area,
whichevec occurs fi[st.
16. That when the enrollment reaches 140 childcen, the petitioner shall
submit to the Planning Commission a sound study pcepared by a
qualified sound engineer. Said study shall evaluate the noise
generated by *_he use, as expanded, and shall show the mitigation
measu~es which will be undertaken by the petitioner to eliminate any
potential adverse impact the increased activity may have on nearby
residents.
17. That this use, as approved, shall at all times comply with all the
conditions of approval, above-mentioned. Failure to do so may result
in termination or modification of subject conditional use permit, as
specified by Anaheim Flunicipal Code Section 18.03.092.
THE FOREGOING RESOLUTION is signed ar.d approved by me this 28th day
of October, .1985. ~
~~~r~'~. /'. .~ ~ ~- C~~`i`'`~J
CHAIRWOMAN~ ANAHEIM CITY PLANNIt._ COMPIISSIUN
ATTESi: - ~
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SECRETARY~ ANP.HEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA
COUI~-'C ^-° ~RTNGF 1 ss.
CZTY OF ANAHEIFI )
I, Edith L. Hac[is, Secretary of the Anaheim City Planning
Commission, do he~eby cettify that the Loregoing resolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on October
28, 1985, by the following vote of thP members thereof:
AYES: COMMISSIONERS: BOUAS, FRY, HERBST, LA CLAIRE~ LAWICY.Z~
FiC BURNEY~ MESSE
NOES: COMMISSIONERS: NONE
Af3SENT: COMMISSIONERS: :1UNE
IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of
October, 1985. ~d - ~ St~ J~~ ~ ,
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SECRETAFtY~ ANAHEIM CI'rY PLnN ING COMMISSZON
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