Resolution-PC 98-139RESOLUTION NO. PC9II-139
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSfON
THAT PETITION FOR CGPlDITIONAL USE PERMIT NO. 4055 BE GRANTED, IN PART
WFIcREAS, 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 G3lifornia, described as:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 4, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE
RANCHO SAN JUAN CAJON DE SAN7A ANA, IN THF CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
THEREOF RECORDED IN BOOK 51, PAGE 10, MISCELlANEOUS MAPS,
RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOU7HERLY LINE OF TRACT
NO. 3635, AS SHOWN ON A MA? THEREOF RECORDED IN BOOK 149,
PAGES 3 AND 4, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE
COUNTY, WITH THE NORTHERLY PROLQNGATION OF THE EASTERLY
LINE OF TRACT NO. 1691, AS SHOWN ON A MAP THEREOF RESERVED IN
BOOK 52, PAGES 18 AND 19, MISCELLANEOUS MAPS, THENCE
NORTHEASTERLY, ALONG SAID SOUTHERLY LINE, TO THE SOUTHEAST
CORNER OF SAID TRACT NO. 3635, SAID POINT BEING IN THE
CENTERLINE OF WEST STREET AS SHOWN ON SAID MAPS; THENCE
SOUTHERLY, ALONG SAID CENTERLINE, 207.56 FEET, MORE OR LESS, TO
THE NORTHEAST CORNER OF THE LAND DESCRIBED IN THE DEED TO
LESLIE J. HOVERSTEN AND WIFE RECORDFD JUNE 22, 1967 IN BOOK
8288 PAGE 174 OFFICIAL RECORDS OF SAID ORANGE COUNTY THENCE,
ALONG TI1E BOUNDARY OF SAID LAND TO HOVERSTEN, THE FOLLOWING
COURSES AND DISTANCES; NORTH 89°04' 00" WEST 153.00 FEET;
THENCE SOUTHWESTERLY 58.00 FEET TO AN ANGLE POINT IN SAiD
LINE, A POINT WHICH BEARS NORTH 0° 10' 00" WEST 43.40 FEET FROM
THE SOUTHWEST CORNER OF SAID HOVERSTEN LAND, THENCE SOUTH
0° 10' 00 EAST 43.40 FEET TO THE SOUTHWEST CORNER OF SAID LAND
TO HOVERSTEN, SAID POINT BEING ALSO AN ANGI.E PQINT IN THE
NORTHERLY LINE OF THE LAND DESCRIBED IN THE DEED TO WILLIAM E.
KRELL AND OTHERS RECORDED JUNE 10, 1969 !N BOOK 8984, PAGE 271,
OFFICIAL RECORDS; THENCE ALONG SAID NORTHERLY LINE UF KRALL
SOUTH 66° 00' 45" WEST 318.61 FEET TO THE EASTERLY CORNER OF
THE LAND DESCRIBED IN THE DEED TO THE ANAHEIM MEMORIAL
HOSPITAL ASSOCIATION RECORDED JANUARY 27, 1969 IN BUOK 8857,
PAGE 267 OFFICIAL RECORDS; THENCE ALONG THE NORTH LINE OF
SAID LAST MENTIONED LAND SOUTH 89° 46' 47" WEST 17.83 FEET TO
THE EASTERLY LINE OF SAID T, RACT NO. 1691; THENCE NORTHERLY,
ALONG SAID EASTERLY LINE AND '(HE NORTHERLY PR~LONGATION
THEREOF, 174.30 FEET, MORF OR LESS, TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE
FQLLOWING DESCRIBED LAND:
BEGINNING AT A POINT IN THE SAID CENTERLINE OF WEST STREET
NORTHERLY THEREON 909.00 FEET FROM THE SOUTHWEST CORNER
OF LOT 10, MILES RANCHO AS SAID SOUTHWEST CORNER IS SHOWN ON
A MAP RECORDED IN [300K 1, PAGE 55, RECORD OF SURVEYS,
CR3423MS.DOC -1- PC98-139
RECORDS OF SAiD ORANGE COUNTY; THENCE SOUTHV6'ESTERLY,
PARALLEL WITH 7HE SOUTHERLY LINE OF SAID TR.ACT NO. 3635, 105.00
FEET, THENCE NORTH 50.00 FEET, MORE OR LESS TO 1 HE SOUTHERLY
LINE OF THE ANAHEIM UNION WATER COMPANY IRRIGATION EASEMENT
AS CONVEYED
BY CHARLES 5. MILES P.ND WIFE AND RECORDED APRIL 7, 1897, IN BOOK
25, PAGE 289 OF DEEDS, RECORDS OF SAID ORANGE COUNTY; THENCE
NORTHEASTERLY ALONG SAID SOUTHERLY LINE 105.00 FEET TO THE
CENTERLINE OF WEST STREET THENCE SOUTHERLY, ALONG SAID
CENTERLINE, 50.00 FEET TO THE POfNT OF BEGINNING.
ALSO EXCEPTING ANY PORTION THEREOF QUITCLAIMED TO PHILLIP
DANIELS IN DEED RECORDED JUNE 7, 1971 IN BOOK 9666, PAGE 580 OF
OFFICIAL RECORDS.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Analieim on August 31, 9998 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 Section18.21.050.105 to permit a child day care facility for a maximum of thirty
(30) children within an existing church facility, and with waiver of the following:
Sections 18.04.042.020 - Minimum setback of an instituti_onal use adiacent to a residential
and 18.21.063 residential zone boundarv.
2. That the requested waiver, minimum setback adjacent to a residential zone boundary, is
hereby denied on the basis that it was deleted following public notification.
3. That the proposed day care center is a conditionally permitted use in the RS-A-43,000
zone and will be acc?ssory to the existing church.
4. That the requested day care center, including the specified days and hours of operation,
is compatible with the nearby multiple-family residential Iand uses.
5. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposal in a manner not detrimental tc the particular area nor to the peace, health,
safety and general welfare.
6. That the property provides adequate ingress/egress from West Street, adequate on-site
vehicular circulation, and adequate parking for parents and employees of the day care center.
7. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the lraffic in the area.
£3. That this property is adequate in size and shape to allow full development of the
proposed day care center (including both indoor and outdoor areas for children) and the existing church
use in a manner which is not detrimental to the neighboring multiple-family residential properties, nor to
the general population.
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9. That the proposed use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located.
10. That granting of this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and gene~ al welfare of the citizens of the City of Anaheim.
11. That no one indicated their presence at the publ(c hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit a child day care facility for a maximum of thirty
children within an existing church facility, with waiver of minimum setback of institutional use adjacent to a
residential zone boundary, on a 2.08-acre parcei having a frontage of 160 feet on the west side of West
Street, a maximum depth of 590 feet, being located 3a8 feet south of lhe centerline of Romneya Drive,
and further described as 1171 North West Street (Free Methodist Church of Anaheim); and does hereby
aoprove the Negative Declaration upon finding that the declaration reflects the independent judgement 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, in part, 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 weifare of the Cftizens of the City of Anaheim:
1. That the day care facility shall be limited to a maximum enrollment of thirty (30) children.
2. That the business hours of operation for the day care shall be limited to 6:30 a.m. to 6:30 p.m.,
Mondays through Fridays, as slipulated to by the petitioner.
3. That a six (6) foot high masonry block wall shall be constructed along the north property line at the
area where the play yard is Iocated. Protective concrete posts shall be placed on maximum five
(5) foot centers along tlie alley portion of the property line. The biock wall shall be set back one (1)
foot from the property line for the planting of minimum five (5) c~allon sized clinging vines planted
on maximum three (3) foot centers. The landscaping shall be installed, irrigated and permanently
maintained by the property owner. Said information shall be specifically shown on plans submitted
for building permits.
4. That any permanent play structures made of materials other than lightweight portable plastic shall
be submitted to the Planning Commission for ~equire review and approval as a"Reports and
Recommendations" item.
5. That the owner of subject property shall be responsible for the removal of any on-site graffiti within
twenty four (24} hours of its application.
6. That the property shall be permanently maintained in an ord~rly fashion by the provision ofi regular
landscaping maintenance, removal oF trash or debris, and removal of graffiti within twenty four (24)
hours from time of occurrence.
7. That the proposal shall comply with all sign requirements of the RS-A-43,000 Zone unless a
variance allowing sign waivers is approved by the City Council or Plan;,ing Commission.
8. That prior to commencing operation of this business, a valid business license shall be obtained
from the City of Anaheim Business License Division.
9. That a child drop-off/pick-up on-site area shall be provided in a location acceptable to the City
Traffic and Transportation Manager. Said area shall be specifically shown on plans submitted for
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building permi:s.
10. That plans shali be submitted to the City Traffic and Transportation Manager for review and
approval showing conformance with the most current versions of Engineering Standard Plan Nos.
436 and 602 pertaining to parking standards and driveway locations. Subject property shall
thereupon be devetoped and maintained in conformance with said pians.
11. That security lighting shall be provided to the satisfaction of the Police Department and shall
shown on the plans submitted to the Building Division. Any lighting for this facility shall be
designed and positioned in a manne~ so as not to unreasonably illuminate or cause glare onto
adjacent or nearby streets and/or properties and further; and that such light fixtures shall no not
exceed twelve (12) feet in height.
12. That trash storage areas shall be provided and maintained in a location acceptable to the Public
Works Department, Streets and Sanitation Division, behind the minimum required setbacks and in
accordance with approved plans on file with said Department. Said storage areas shall be
designed, located and screened so as not to be readily identifiable from adjacent streets or
highways. The walls of the storage areas shall be protected from gra~ti opportunities by the use
of plant materials such as clinging vines or tall shrubbery. Said information shall be specifically
shown on the plans submitted for Pubiic Works Department, Streets and Sanitation Division
approval.
13. That a plan sheet for so~id waste storage and collection and a plan for recycling shall be submitted
to the Pubtic Works Department, Streets and 5anitation Division, for review and approval.
14. That an on-site trash truck turn-around area shall be provided in accord.nnce with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department,
Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans
submitted for building permits.
15. That the day care use shall remain accessory to the existing church facility, and shall terminate if
and when the church use is discontinued.
16. That any outdoor debris and the un-permitted wood shed shall be removed,. If the wood shed is to
be retained, plans shall be submitted to the Zoning Division for review and approval and building
permits shall be obtained if required by the Building Division.
17. That the proposed outdoor playground shall be chfld-proofed and completely gated during the day
care hours of operation. Said information shall be specifically shown on plans submitted for
building permits.
18. That subject property shall be deveioped substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 4, and as conditioned herein.
19. That the remaining v~ood fence shall be refurbished and maintained in a safe and aesthetically
pleasing condition.
20. That there shall b•a no roller on the gate inside the pla;r area.
21. That within a period of thirty (30) days from the date of this resolution, Condition Nos. 16 and 19,
above-mentioned, shall be complied with.
22. That prior to the 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 resolution, whichever
occurs first, Condition Nos. 9, 10, 13, 14 and 17, above mentioned, shall be complied with.
Extensions for further time to complete said conditions may be granted (n accordance with Section
18.03.090 of the Anaheim Municipal Cade.
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23. That prior to final buildi;~g and zoning inspections or prior to commencement of the activity
authorized by the reso(ution, whichever occurs first, Condition Nos. 8 and 48, above-rnentioned,
shall be complied with.
24. That within a period of ninety (90) days from the date of this resolution, Condition Nos. 3, 11 and
12, above-mentioned, shall be completed.
25. 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 oiher applicab~e City, State and
Federal reguiations. Approval does not inciude any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVE~ 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 :~valid or unenforceable by the final judgment of any court of compet t jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was~te at thj-Plan~in 9~ miss:on meeting of
August 31, 1998. ( ~~ /J /
ATfES '• ~~HiKrt~c{gN ANAFiEII~iT'CITY PLANNING COMMISSION
.{
Ahs~o.~
SECRETAR , NAHEIM CITY PLANNING COMMISSION
S7ATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby
ceRify that the foregoing resolution was passed and adopted af a meeting of the Anaheim City Planning
Commission held on August 31, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS:BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES, WILLIAMS
NOES: COMMISSIONERS:NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~~' day of-;1;2~~Cyn~ ,
1998.
C~@~~'
SECR TARY NAHEIM CITY PLANNING COMMISSION
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