Resolution-PC 99-157RESOLUTION NO. PC99-157
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4145 BE DENIED
WHEREAS, the Anaheim City Pianning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of A~aheim, County of Oranqe, State
of California, described as:
LOT 130 OF TRACT 4181, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFCRNIA, AS PER MAP RECORG~D IN BOOK 156, PAGES 21,
22 AND 23, MISCELLANEOUS MAPG, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on August 16, 1999 at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with ihe provisions of the Anaheim Municipal Code, Chapter
18.03, fo 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 inspectlon, investigation and study made by
itself and in its behaif, and after due consideration of ali 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 18.44.050.120 to permit a day care center with a maximum enrollment of
84 children and with waiver of the following:
(a) Sectlons 18.04.042.020
and 18 a4,Q63
(b) Sections 18.06.050.020.022
18.06.050.J20.022.0225
18.0&.050.020.026.0264
18.06.080
and 18.4a.066.050
Minimum setback for institutional uses adiacent to residential
zones.
(15 feet required from adjacent RS-7200 zoning to the north and
east; none proposed)
- Minimum number of oarkin4 soaces.
85 s aces required; 77 soaces existing and approved by the
City Tra~c and Transportation Manager)
2. That the proposed waiver (a), minimum setback for fnstitutional uses adjacent to
residential zones, is hereby denied because the play area would eliminate the existing and required 15-
foot landscaped buffer between the school and the abutting single-family residences; and that no specfal
circumstances apply to this property which do not apply to other commercial properties in the vicinity, nor
does strict application of the Zoning Code deprive this property of a,-~y pri: iieges enjoyed by other
commercial properties in the vicinity.
That the proposed waiver (b), minimum numler of parkfng spaces, is hereby approved.
4. That the parking waiver, under the conditions F+oposed, would not cause fewer off-street
parking spaces to be provided for the proposed use than the nu~rber of such spaces necessary to
accommodate all vehicles attributable to such use under the normal and reasonably foreseeabie
conditions of operation of such use.
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5. That the parking waivar, under the conditions proposed, wou!d not increase the demand
and competition for parking spaces upon the public streets in ths tmmediato vicinity of the proposed use.
6. That the parking waiver, under the conditions proposed, would not increas~ 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
comptiance with Section 18.06.010.020 of the Zoning Code).
7. That the parking waiver, under the conditions proposed, ~~,•dd not increase traffic
congestion within the off-sUeet parking areas or tots provided for the proposed use.
S. That the pa~king waiver, under the conditions proposed, would not impede vehicular
ingress to or egress from adjacent properties upon thc public streets in the immediate vicinity of the
proposed use.
9. That the proposed use would adversely affect the adjoining land uses and the growth and
devetopment of the area in which it is proposed to be located.
10. That tiie size and shape of the properiy can not adequately ailow full establishment of the
day care center and outdoor playground area without detriment to the peace, health and safery of the
neighboring residents and the chiidren that would utilize this facility.
11. That the use would impose an undue burden on the adjacent residences due to the ciose
proximity of the playground area and the proposed elimination of the landscaped buffer area.
12. That granting of this conditional use permit, under the conditions proposed, would be
detrimental to the peace, heaith, safety and genera! welfare of the ~itizens of the City of Anaheim.
13. That tre traffic generated by the proposed use would impose an undue burden upon the
streets and highways designed and improved ta carry the traffia in thE area.
14. That no or,e indicated their presence at the public hearing in opposition to the proPosal;
and that no corfespondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anahefm City
Planning Commission has reviewed the proposal to permit a day care center with a maximum enrollment
af 84 children and with waivers of minimum setback for institutional uses adjacent to residenHal zones
and minimum number of parking spaces on a frregularly-shaped 1.5-acre property located at the
northeast comer of Orangethorpo Avenue and Post Lane, with frontages of 357 feet on !he north side of
Orangethorpe Avenue and 147 feet on the east side of Post Lane (5247 East Orangethorpe Avenue);
and does hereby approve the Negative Declaration upon finding that the declerati~n reflects the
independent Judgment oF the lead agency and that it has considered the Negative Declaration together
with any comments received durfng the public revfew process and further finding on the basis of the initial
study and any comments received that there fs no substantial evidence that the proJect wil! have a
significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anahetm Ciry Planning Comm(ssion
does hereby deny subJect Petitian for Conditional Use Permit on the basis of the aforemendoned findings.
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THE FOREGOING r~ES9LUTION was adopted at the Pianning Commission meeting of
August 16, 1999. .
~ ~~Gc.lJ /~ G~~-c.,J
CH IRPERSON, ANAHEIM CITY P NNING COMMISSION
ATTEST:
~~
SEGRETARY, AN EIM CITY PLANNING COMMISSIOPI
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was p3ssed and adopted at a meeting of the Anaheim Cit} Planning
Commission held on August 16, 1999, by the following vote of the members thereof.
AYES: COMMISSIONERS: BOSTWICK, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: C~OMMISSIONERS: BOYDSTUN
ABSEP~7: C:OMMISSIONERS: ESPING
I WITNESS WHEREOF, I have hereunto set my hand this o~/' day of
IC~~~j~ 1999.
~i~LU~
SECRETARY, NAHEIM CITY PLANNING COMMISSION
CR3729PK.DOC -3- PC99-157