Resolution-PC 95-54
RFSOI.UTI N NO PC~
A RES01_UTION OF THE ANAHEIM CI'fY PLANNING GOMMISS{ON
THAT PETI"flON FOR CONDITIONAL ~S~ F'EAMIT NO. 3762 BE GFiANT~D
WHEREAS, tho Anaheim City Planning Commission dfd rece(ve a verified Petition for
Cond:tional Use Permit for certain real praperty situateci in the City af Anaheim, Cc~unty of Orang~, State
of Cali~ornia, describod as:
THE NORT'H 132 FEET OP TH~ SOUThIWEST ~tlARTEFi OF 7HE S~UTHWEST
GtUARTER OF THE SOUTHINEST ~UA-RTER OF arC?I01~ 14, 70WN8HIP 4
SQUTH, RANGE 11 WE~T, SAN BERNARDINO BASE ANd MEFtID1AN, CI'i'Y OF
ANAHEIM, COUNTY OF ORANGE, 5i'Al'G OF CALIFORNI~A.
EXCEP'f TI•fEREFFiOM 7HE EAST 400 FEET 7HEREOF.
1NHEREAS, the City Planning Comm(ssion did holsJ a~ublic hear(ng at the~ Civlc Center
in the City af Anaheim on May 15, 1995 at 1,3A p.m., nr~tice of said pubiic hearing having been dufy givan
as required ~iy Iaw and in accardanca with the provisions of tho Ar-ahe(m Municipal Codo, Chapter 18.03,
to liear and conslder evidence for and agalnst said proposed conditional use permit and to Investlgate mnd
make flndings and rocommendatfons in connection thQrewitf7; and
WHEREAS, s~fd Commisslon, aftor due inspec4lon, investlgation and study mado by itself
and in its behalf, and after due consideratlon of all evid9nc~ and re{aorts offerad at sa(d hearing, ci~es find
and determine the following facts:
1, That the proposeci use is properiy one far which a conditional use pormit is authorized by
Anaheim Municipal Code Section 18.21.050.105 to permiti a child care facility fcr up to 6U childran with
waiver of the following:
S~r~i t~ 1~1,~63.Oi 0 - g"'~ ~~'~"'' °""'^~'"hments into re~auiret~ fro~.t, V'd, fd S@~,b~S~
~nd i 8•?~ ;Q~,4 (Open parking spaces and trash storage area ~ p~rmitted
in frant 25 feet; 4 spacos and a trash onclosure proposed)
2. 7hat there aro spec~(al clrcumstances app~~ to lother idont ai~lyrt ogadhp operties ih~t e
topogr~aphy, locatian ar surroundin s, which da not app y
vicin(ty;
3. That stricc a~plication of the Zaning Code doFrives the prc~peny of priaileges ~njayed by
other propert.les unde~ identicai zaning classificat(on in the vicinity;
4. That the proposed use wiil nat adverssly affQCt thd adjoining land uses and tt~e growth and
development of the area in which it is proposed to be locc~t~! bacause s~rbjact prop~rty ad~~(ns a maJor
~rter(al hiqhway and fs oriontecf away from residential area~ to the north, souih and east;
5. That the size and shape of the slte for th~ praposod use is adequate ta allow tl~e fuil
development of the pr~posed use Sn m manner nat datrimental to zhe particular area nor to the p9are,
health, safety and general wr~lfaro;
CR2377MS -1- PC95-54
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G. TI~a4 tho traffic generatod by the proposed use will nat impose An undue bur~len upon the
streets and highways designed and Improved ta carry the tr~Hic in the area becau~e the proposed ~child
day care Genter has ~adequato parking and the requir~d loading/unloadin~ area far children; bind that the
petitioner has stated that the childron's arrival and departure times ar~ :aorxtiowhat sta~gered, allevlating ~
corsaentration of traHlc at the facility at any one time;
7. That the ~ranting of the conditional use {~errnit undor the c~ondit(ans Imposed ~vill not be
detrimental to tha peaco, health, safety and gAneral welfare of !he alt~zems of the C1ty of An~.heim; and
8. That no one ind(cated their presence ~t said pubiic hoa~lr~g in oppasltion; and that no
correspondenae was rocoivod in Apposftion to the subJect petltion.
('~AI IFORNIA ENVI '~ONME,I~TA~,.DUA~I'1'Y AC'T FIN~71~1C~: T'hat tl~e Anaheim City Pi~nning
Cummission has reviewed the proposal to permit a ahild care facility for at~a t~ 6l) chlldran wit~~ wa(ver of
po~ ~'~ittecl encroachmonta int~ roquired front yard setback on ~ reatan~ularly-shapet! p~rc~l of ta~~d
consistln~ of approximately O.G3 acre, having a frantago af approximatol~,~ 132 fe~t on the east side ofi
Knott Street, having ~ maximum depth of approximately ?10 feet, being lacat~ad ap~.~~oxim~tely 53U feot
north of the centerlino of Ball Fioad and further described as aa8 and 90p Sauth Knntt Strec~t; ~nd does
herehy apr~rave the Negative Dectaratian upan findinfl that th~ dealar~ttian roflects the lndepondent
judgoment of the le~d agoncy and th~t tt has con~ldered the N~gativa 17eclarazion tagether with any
comrmonts rACOived during tha pubiic roview pr~cess und fuKher finding an th~ b~sig of the i~n(ti~l study
ancl any comments rece(ved that thore is nn substaritial qviden~;e that th~ project will have a signiflcant
effoct on tho enviranment.
NOW, TNEREFORE, BE IT RESOLV~D that ~hE~ Anaheim Gity Planning Commisslan do~s
hereby grant subject Potition for Conditianal Uso Permit, upori the folla~~(ng conclitlans which are hereby
iaund to be a n~ces~ary proroyulsite to the prapasod us~ of the subJect pra~~erty in arder to pres~Ne the
safety and g~neral welfarA of the Citizons of the City of AnahAim:
1, That all driveways and parkin~ areas sh~il be fully paved, ~s rc~quir~d tay the Anahefm Municipal
Codo.
2. That the maxfmum onrollment af subJeat faciliky st~all be IImi4~c1 to sixty (60j chil~~en.
3, TMat a Lot Line AdJustment F'lat combinfng the iwo y2) parc~ls into on~ (~1 shall be submfttod to the
Publfc Warks-Engineering Departrnent, Subdivision Sectlon, for review 3nd approval, and shall
subs~quently bo recQrded in the Office of the Orange County Rocarder.
4. ?liat a plan ShQOt for salid wast~ storage anti aoll~ection and a plarr for racycl(ng shall bo submitted
to the D~partment nf MafntQnance far rev(sw and approval.
5. That subjeat property shail he developed substanti~lly in accardance wfth plans and specifications
~ubmitted to the City of Anahoim by the petitianer and whir,h plans are on fila wfth the PI~nning
Denartment marked Exhibit Nas. 1 and 2; prc~vided, ho~vever, that the trash enclosure ahttll bo
reoriented so that the do~rs do not face Knott atreot.
6. That prior to cammencement of the act(vity herein aF~proved, ar prior ta fasuanGe of a bullding pormit,
or wlthin a period of one (1) year from the date of this reso{uti~on, whichever occurs first, Condltiun
Nos. 3 and 4, ~bov~•rrientioned, shall be compyfeci with. Exten~lons for further tirne to complete sa(d
conditlons may bo ~ranted in accordanc~ witti S+a~tion 18.~3;~.090 af the Anaheim Municlpal Code.
: ~. pC95-54
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7. 1'hat prlor to f(nai buildin~ and zonin~ inspections, ~or~dition Nas, 1 and 5, above-ment(onad, ahail
be compiled with.
8. That approvai of thls appliaation constitutes approval of tFie proposed request only to the extent that
it aompl(es with the Anahelm Murd~lp~l Zoning Cocie and any other applicable Cfty. S~ato anci Foderal
regulat(ons, Apprcaval doas not Include any action or flndir~gs as to complianca or approval of the
request re~ardfnq any other app'icable o~dinanc~, re~ulation o~ requirement.
BE IT FU~THER RESOLVEn that ~k~e Anahoim City planning Cornmission does hereby flnd
and ddtermine that adoption of this Resolu~lon is axprossl,y predtcated upon applicant's compllance with
each and all of the conditior~s here(nabov~ set #orth. ~hould any such condition, or any part thoreoE, bo
doc(arod invaffd or unenfarcQable by 4he final judgment Gf any court of ~ompetent jurlsc.'cxion, then this
Resolution, and any approvals herein corrtained, shal! be deemed null anc~ vo(d.
TWE FOREGOIN~ RE~OLU710~I was adopted at the Planning Commission moeting ofi
May 16, 1995.
,G~~, .~:.~
'CHAIRW MAIN AIVAHEIM CITY PLANNINC GOMMISSION
ATTEST:
~ ~5~~~~~
SECRETARY', A AHEIM CITY PLANNING C~MMISSION
STAYE OF CALIFORNIA )
COUN1Y OF ORANGE ) ss.
CIl'Y OF ANAHEIM )
I, Margarita Solnrio, S~ecrotary af the Anaheim (~ity Planning Commiss(c~n, do h~raby certif~
that th~ foregoing rosolut(an was passed and adopted at a moeting of thA An~heim Clty Plann(ng
Commission heid on May 15, 1995, by the fullowing vote of the members thereof:
A`lES: COMMISSIOI~IERS: BOSI'WICK, FSOYDSTUN, CALDWELL, MENNI~IGER, NIAYER,
h4ES5E, P~HAiA
NOES: COMMISSIONEFt ~: NONE
ABSENT: ~OMMISSIONERS, T:~t'+~
IN WITN~SS WHEREOF, I have hereunto set my hand this ~~ S V day of _, , ,
1995.
~ ~Ll_.~ ~ ~O(l.~.Q
...._..~ '
SECR~?ARY, AN~A EIM C!1'Y PLANNIN~ COMMIS510N
.g_ PC95-54