Resolution-PC 98-113RESOLUTION NO. PC98-113
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONGITIONAL USE PERMIT NO. 4040 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditionai Use Permit for certain reai property situated in the City of Anaheim, County of Orange, State
of California, described as:
THE SOUTHEASTERLY 100 FEET OF THE FOLLOWING DESCRIBED
PROPERTY:
THAT PORTION OF LOT 27, ANAHEIM EXTENSION, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN
ON A MAF' OF SURVEY MADE BY WILLIAM HAMEL IN 1868, AND FILED
IN THE OFFICE OF THE COl!NTY RECORDER OF LOS ANGELES
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE
OF VERMONT AVENUE, FORMERLY BROAD STREET WITH THE
CENTER LINE OF PALM STREET; THENCE NORTHEASTERLY ALONG
THE CENTER LINE OF VERMONT AVENU[, 162.09 FEET; THENCE
SOUTHEASTERLY, PARALLEL WITH THE EASTERLY LINE OF THE
PARCEL OF LAND DESCRIBED IN CERTIFICATE OF TITLE NO. 7f25, IN
THE OFFICE OF THE REGISTRAR OF TITLES OF SAID ORANGE
COUNTY, AND THE EXTENSION OF SAID LINE, 257 FEET; THENCE
SOUTHWESTERLY PARALLEL WITH THE CENTER LINE OF VERMONT
AVENUE 162.~'3 FEET TO A POINT IN THE CENTER LINE OF PALM
STREET; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF
PO:~~" STFtEET 257 FEET TO THE POINT OF BEGINNING.
EXCEPT THEREFROM THE PORTION INCLUDED IN VERMONT
AVENUE AND PALM STREET.
SAID LAND IS SHOWN ON A MAP OF SURVEY RECOR~ED IN BOOK
11, PAGE 44, RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID ORANGE COUNTY.
WHEREAS, the City Planning Commission did ha!d a public hearing at the Civic Center
in the City of Anaheim on August 3, 1998 at 1:30 p.m., notice of said pubiic hearing having been duly
given as required by law and in accordance with the provisions r}F the Aneheim Municipal Code, Chapter
18.03, to hear and consider evidence for and against said proposeci conditionai use permit and to
investigate and make findings and recommendations in connection therewith; and that the public
hearing was continued from Juiy 6, 1998; 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 conditionai use permit is author(zed by
Anaheim Municipal Code Section 18.44.050.120 to permit a day care faciiity with a maximum of sixty
(60) children in an existing 4,785 sq. ft. buiidfng.
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2. That the proposed use will noi adversely affect the ~~djoining land uses and the growth
and development of the area in which it is proposed to be located. •
3. That the size and shape of the site for the c~roposed use is adequate to allow full
development of the use in a manner not detrimentai to the pa~;;.ular area nor to the peace, health, safety
and general welfare.
4. That the traffic generated by the proposeci ~~:;e will not impose an undue burden upon the
streets and highways designed and improved to carry the ~raffic in the area because the day care faciiity
will provide adequate parking and the required loading/unioading area for chiidren; and that the arrival
and depaAure of children will be staggered, which alleviates concentration of traffic at the facilily at any
one time.
5. That granting of 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 Anahe'm.
&. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to this petition.
CAUFORNIA ENVIRONMENTAI. QUALiTY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit a day care facility with a maximum of 60
children in an existing 4,785 sq. ft. building on a 1.13 acre, iregularly-shaped property located south an~
east of the southeast corner of Harbor Boulevard and Vermont Avenue, and having frontages of 100 feet
on the east side of Harbor Boulevard and 150 feet on the south side of Vermont Avenue (914 Soulh
Harbor Houlevard); and does hereby approve the Negative Declaration upon finding that the declaration
reflects the independent judgement of ihe lead agency and that it has considered the Negative
Deciaration together with any comments rECeived during th~ public review process and further finding on
the basis of the fnitial study and any comments received that there is no substantial evidence that the
project will have a significani effect on the environment.
NOW, THEREFORE, BE IT RESOLVED thal ihe Anaheim City Planning Commission
does hereby grant subject Petitinn for Conditional Use Permil, upon lhe foliowing conditions which are
hereby found to t~e a necessary prerequisite to the proposed use of the subject property in order to
preserve the safetlr and general welfare of the Citizens of the City of Anaheim:
1. That this facility shall be limiied to a maximum of sixty (60j children.
2. That lhe business hours of this operation shall be limited to 6:30 a.rr,. !0 6:30 p.m., Monday
through Friday; and that outdoor play shall be limited to the playground area located adjacent to
the east building.
3. 'T'hat the existing pole sign adjacenl to Harbor Boulevard, the pilasler sign and tha painted wall sign
(on the north side of the building) shall be removed; and that the existing pole sign on Vermont
Avenue shall be painted and refurbished.
4. That no window signage shall be permitted.
5. That plans for a comprehensiva sign program (including the placement of any proposed wall signs)
shal! be submitted to the Zoning Division for review and app;oval by the Pianning Commission as
a "Repons and Recommendations" item.
6. 7hat the existing screening of lhe roof-mounted equipment shall be refurbished and repainled to
match the roof of the building.
_~_ oroR_~ ~ a
7. That the owner of this property shall be responsible for the removal of any on-site graffiti within
twenty four (24) hours after its application. •
8. That landscaping in the front setback adjacent to Harbor Boulevard shall be renovated in
accordance with the plans submitted by the petitioner and approved by the Planning Commission.
9. That the properiy owner shall submit a letter requesting termination of Conditional Use Permit No.
2478 (permitting saies of beer and wine for on-premises consumption in an existing restaurant),
Gonditional Use Permit No. 2476 (permitting sale of alcoholic beverages for on-premises
consu ,r.~!i;,n in a proposed Moose Ludge) and Conditional Use Permit No. 2171 (permitting the
commerciai use of a residential structure with waivers of permitted locaiion of required parking,
maximum struct~rai height, minimum landscaped setback and minimum wall height) to the Zoning
Division.
70. That ali parking and access ways sh2il be refurbished, re-paved and re-striped, subject to approvai
by ihe City Traffic and Transportation Manager.
11. That the existing landscaping planters on all three (3) parcels, shall be refurbistied, planted and
provided with irrigation faci;ities. -
12. That the property owner shall submit proof to the Zoning Division of a recorded reciprocal parking
and access agreement for shared parking between the three (3) parceis identified on Revision No.
1 of Exhibit No. 1. '
13. That plans shali be submitted for Building Division for approvai showing any building modifications
compiy with minimum Uniform Building Code requirements pertaining to zero lot line construction,
unless the existing lots are legally combined so as to adjust the lot lines to eliminate 'this
requirement.
14. That the business owner shail obtain a valid business license from the Business License Division
of the Finance Department.
15. That subject property shall be deveioped substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which pians are on fiie with the Planning
Department labeled Revision No. 1 of Exhibit No. 1, and Exhibit No. 2, and as conditioned herein.
16. That prior to ihe issuance of a building permit, or prior to commencement of the activity authorized
by this resolution, or within a period of one (1) year from the date of this resolulion, whichever
occurs first, Condition Nos. 5, 9, 12, 13 and 20, 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. Thet prior to commencement of the activity authorized by this resolution or prior• to final building
and zoning inspections, whichever occurs first, Condition Nos. 3, 6, 8, 10, 11, 14, 15 and 19,
herein-mentioned, shall be complied with.
18. That approval of this application constitutes approval of the proposed request only to ihe e~ent
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 driveway on Harbor Bouievard shall be reconstructed to accommodate ten (10) foot
radius curb returns in conformanr,e with Engineering Department Standard No. 137.
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20. That trash storage areas shall be relocated and maintained in a Iocation acceptable to the Public
Works DepaRment, Streets and Sanitation Division, and maintained in accordance with apprc,ved
plans on file with said Department. Said storage areas shall be designed, located and screened so
as not to be readily identifiable from adiacent streets or highways. The walls of the sto~age s~eas
shall be protected from graffiti opportunities by the use of piant materiafs such as clinging vines or
tall shrubbery. Said information shall be specifically shown on the plans submitted to the Streets
and Sanitation Division for approval. If the trash enciosure is required to be moved by the Streets
and Sanitation Divisian, the area between the existing residence and this use shall be separated by
a fe~~ce with the location of the fence being subject to the prior review and approval by the Zoning
Division and the City Traffic and Transportation Manager.
tZE IT FURTHER R~SOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicani's compliance
with each and all of the conditions hereinabove set forth. Should any such condifon, or any part thereof,
be declared invalid or unenforceable by the finai judgment of any court of co ,~ etent jurisdic~ion, then
this Resolution, and any approvals herein contained, shall e dee nuil a ' i.
THE FOREGviNG RESOLUTION wa dopt d at Plan ' C mmission meeting of
August 3, 1998. _
ATTEST:
~~~~ ~~
SECRETARY, A AHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
PLANNING COMMISSION
I, Margarita Soforio, 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 August 3, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, NAPOLES
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: PERAZA, WILLIAMS
VACANT: ONE VACANT SEAT
N WITNESS WHEREOF, I have hereunto set my hand this ~ I~ day of
~U. , 1998.
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SECRETARY, NAHEIM CITY PLANNING COMMISSION
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