Resolution-PC 2023-013RESOLUTION NO. PC2023-013
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL
USE PERMIT NO. 1993 TO ALLOW AN EXPANSION OF AN
EXISTING DAY CARE CENTER AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2019-00014)
(1000 - 1004 SOUTH STATE COLLEGE BOULEVARD)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve an amendment to Conditional Use Permit
No. 1993 to allow an expansion of an existing Day Care Center to construct a new 2,046 -square
foot day care building with two outdoor play areas (the "Proposed Project"), on certain real
property located at 1000 —1004 South State College Boulevard in the City of Anaheim, County of
Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated
herein by this reference (the "Property"); and
WHEREAS, the Property is approximately 4.78 acres in area and is currently
developed with a church and Day Care Center. The property is designated for Low -Medium
Density Residential Uses in the General Plan. The property is also located in the "T" Transitional
Zone and is subject to the development standards contained in Chapter 18.14 (Public and Special -
Purpose Zones) and Subsection .040 of Section 18.40.040 (Uses Adjacent to Residential Zones or
Residential Uses) of the Anaheim Municipal Code (the "Code"); and
WHEREAS, Day Care Centers require a conditional use permit subject to the approval
by the Planning Commission pursuant to Subsection .010 of Section 18.14.030 (Uses) of the Code;
and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on April 24, 2023, at 5:00 p.m., with notice of said public hearing having
been duly given as required by law and in accordance with the provisions of Chapter 18.60
(Procedures) of the Code, to hear and consider evidence for and against the Proposed Project and
to investigate and make findings and recommendation in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA'), the State of California Guidelines for Implementation of the California Environmental
Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA
Guidelines"), and the City's CEQA Procedures, the City is the "lead agency" for the preparation
and consideration of environmental documents for the Proposed Project; and
WHEREAS, the Planning Commission finds that the effects of the Proposed Project are
Categorically Exempt from the requirements to prepare additional environmental documentation
per CEQA Guidelines, Section 15303— New Construction or Conversion of Small Structures. The
Proposed Project includes the construction of a new 2,046 -square foot building and two outdoor
play areas. Pursuant to Section 15300.2 (c) and 15303 of Title 14 of the California Code of
Regulations, there are no unusual circumstances in respect to the proposed project for which staff
would anticipate a significant effect on the environment and, therefore, the Proposed Project would
be categorically exempt from the provisions of CEQA; and
WHEREAS, the Planning 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 with respect to the request for a conditional use permit, does find and determine the
following facts:
1. The Proposed Project is an allowable use within "T" Transition Zone Section
18.14.030 (Uses) of the Code, subject to a conditional use permit for Day Care Centers.
2. The Proposed Project, as conditioned herein, would not adversely affect the
adjoining land uses, or the growth and development of the area because the Proposed Project
includes an expansion of an existing use and would continue to operate in similar fashion as the
existing Day Care Center located on the Property..
3. The size and shape of the Property are adequate to allow the operation of the
Proposed Project in a manner not detrimental to either the particular area or to the health and safety
of the public because the Property can accommodate the required parking, vehicle access, and
circulation without creating detrimental effects on adjacent properties. The proposed expansion of
the Day Care Center would operate similarly to that of the existing Day Care Center.
4. The traffic generated by the Proposed Project would not impose an undue burden
upon the streets and highways, as they are designed and improved to carry the anticipated traffic
generated by the Proposed Project. Additionally, the parking layout will be improved to provide
additional loading and unloading parking spaces located adjacent to the proposed building that will
enhance the vehicle circulation of the site. The Proposed Project will not exceed the anticipated
volumes of traffic or daily trips, as the City's Traffic and Transportation Division of the Public
Works Department has confirmed the findings through the review of a project -specific Trip
Generation Memo.
5. The granting of the conditional use permit amendment would not be detrimental to
the health and safety of the citizens of the City of Anaheim because the Proposed Project would
expand the existing Day Care Center on the subject property which is compatible with the existing
uses in the surrounding area, subject to compliance with the conditions contained herein; and
WHEREAS, this Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts, that
negate the findings made in this Resolution. This Planning Commission expressly declares that it
considered all evidence presented and reached these findings after due consideration of all
evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, this
Planning Commission does hereby amend in their entirety, the conditions of approval adopted
- 2 - PC2023-013
pursuant to Planning Commission Resolution No. PC2011-069, amending Conditional Use Permit
No. 1993, to read as stated in Exhibit B attached hereto and incorporated herein by this reference,
which are hereby found to be a necessary prerequisite to the proposed use of the Property for which
the conditional use permit is applicable in order to preserve the health, safety and general welfare
of the citizens of the City of Anaheim. Extensions for further time to complete conditions of
approval may be granted in accordance with Section 18.60.170 of the Code. Timing for
compliance with conditions of approval may be amended by the Planning Director upon a showing
of good cause provided (i) equivalent timing is established that satisfies the original intent and
purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has
demonstrated significant progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED, that any amendment, modification, or revocation of
this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit
Approval) and 18.60.200 (Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED, that the Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part
thereof, be declared invalid or unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and
void.
BE IT FURTHER RESOLVED, that approval of this application constitutes approval of
the proposed request only to the extent that it complies with the 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 24, 2023. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal.
CHAIRPERSON, PLANN114 ISSION
OF THE CITY OF ANAHE
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 3 - PC2023-013
EXHIBIT "A"
DEV NO. 2019-00014
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PC2023-013
EXHIBIT "B"
Conditional Use Permit No. 1993
(DEV2019-00014)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
WITHIN 30 DA IS OFAPPROVAL OF THE CONDITIONAL USE PERMIT
Owner/Developer shall install an approved backflow
Public Utilities,
prevention assembly on the water service connection(s)
Water Engineering
1
serving the property, behind property line and building setback
in accordance with Public Utilities Department Water
Engineering Division requirements.
PRIOR TO GRADING PERMIT ISSUANCE
Prepare and submit a final grading plan showing building
Public Works Department,
footprints, pad elevations, finished grades, drainage routes,
Development Services
2
retaining walls, erosion control, slope easements, and other
pertinent information in accordance with Anaheim Municipal
Code and the California Building Code, latest edition.
3
Submit a Final Geotechnical Report to the Public Works
Public Works Department,
Development Services Division for review and approval.
Development Services
Prepare and submit a final drainage study, including supporting
Public Works Department,
hydraulic and hydrological data to the City of Anaheim for
Development Services
review and approval. The study shall confirm or recommend
changes to the City's adopted Master Drainage Plan by
identifying off-site and on-site storm water runoff impacts
4
resulting from build -out of permitted General Plan land uses. In
addition, the study shall identify the project's contribution and
shall provide locations and sizes of catchments and system
connection points and all downstream drainage -mitigating
measures including but not limited to offsite storm drains and
interim detention facilities.
The Owner/Developer shall submit a set of improvement plans
Public Utilities,
5
for Public Utilities Water Engineering review and approval in
Water Engineering
determining the conditions necessary for providing water
service to the project.
PRIOR TO BUILDING PERMIT ISSUANCE
6
A private water system with separate water service for fire
Public Utilities,
protection and domestic water shall be provided and shown on
Water Engineering
PC2023-013
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
plans submitted to the Water Engineering Division of the
Anaheim Public Utilities Department.
7
All backflow equipment shall be located above ground outside
Public Utilities,
of the street setback area in a manner fully screened from all
Water Engineering
public streets and alleys. Any backflow assemblies currently
installed in a vault will have to be brought up to current
standards. Any other large water system equipment shall be
installed to the satisfaction of the Water Engineering Division
outside of the street setback area in a manner fully screened from
all public streets and alleys. Said information shall be
specifically shown on plans and approved by Water Engineering
and Cross Connection Control Inspector.
8
All requests for new water services, backflow equipment, or fire
Public Utilities,
lines, as well as any modifications, relocations, or abandonments
Water Engineering
of existing water services, backflow equipment, and fire lines,
shall be coordinated and permitted through Water Engineering
Division of the Anaheim Public Utilities Department.
9
All existing water services and fire services shall conform to
Public Utilities,
current Water Services Standards Specifications. Any water
Water Engineering
service and/or fire line that does not meet current standards shall
be upgraded if continued use is necessary or abandoned if the
existing service is no longer needed. The Owner/Developer shall
be responsible for the costs to upgrade or to abandon any water
service or fire line.
10
The Owner/Developer shall submit to the Public Utilities
Public Utilities,
Department Water Engineering Division an estimate of the
Water Engineering
maximum fire flow rate and maximum day and peak hour water
demands for the project. This information will be used to
determine the adequacy of the existing water system to provide
the estimated water demands. Any off-site water system
improvements required to serve the project shall be done in
accordance with Rule No. 15A.1 of the Water Utility Rates,
Rules, and Regulations.
11
Applicant shall contact Water Engineering for recycled water
Public Utilities,
system requirements and specific water conservation measures
Water Engineering
to be incorporated into the building and landscape construction
plans.
12
Provide a certificate, from a Registered Civil Engineer,
Public Works Department,
certifying that the finished grading has been completed in
Development Services
accordance with the City approved grading plan.
PC2023-013
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
13
The property owner shall irrevocably offer to dedicate to the
Public Works Department,
City of Anaheim the following easements: A comer cut-back
Development Services
right-of-way at the corner of State College Boulevard and
Wagner Avenue.
14
Obtain a Right of Way Construction Permit from the
Public Works Department,
Development Services Division for any/all work within the
Development Services
public right of way.
15
All onsite sewer lines shall be privately owned and maintained
Public Works Department,
by the property owner and shall be designed per current
Development Services
California Building/Plumbing Code, and shall be submitted to,
reviewed, and approved by the Building Division.
16
Submit an interim soils report indicating pad compaction and
Public Works Department,
site stability prepared by the project's Geotechnical Engineer of
Development Services
Record. The pad compaction report needs to include a site plan
showing the compaction testing locations.
17
Plans shall be submitted to the City Traffic and Transportation
Public Works Department,
Manager for his review and approval showing circulation
Traffic Engineering
patterns for Day Care traffic. Subject property shall thereupon
be developed and maintained in conformance with said plans.
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
Owner/Developer shall install an approved backflow prevention
Public Utilities,
assembly on the water service connection(s) serving the
Water Engineering
18
property, behind property line and building setback in
accordance with Public Utilities Department Water Engineering
Division requirements.
All public improvements shall be constructed by the developer,
Public Works Department,
19
inspected, and accepted by Construction Services prior to final
Development Services
building and zoning inspections.
20
All remaining fees/deposits required by Public Works
Public Works Department,
Department must be paid in full.
Development Services
Set all Monuments in accordance with the final map and submit
Public Works Department,
21
all centerline ties to the Public Works Department. Any
Development Services
monuments damaged as a result of construction shall be reset to
the satisfaction of the City Engineer.
Record Drawings and As -Built Plans shall be submitted for
Public Works Department,
22
review and approval to the Department of Public Works,
Development Services
Development Services Division.
GENERAL
PC2023-013
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
23
The electronic readerboard display panel shall not be
Planning and Building
illuminated between 12 a.m. and 6 a.m. seven days aweek. The
Department,
remaining portions of the sign may be illuminated at all times.
Planning Services Division
The electronic readerboard display panel is permitted as long as
the property is developed with a church or Community and
Religious Assembly use.
24
The following minimum clearances shall be provided around
Public Utilities,
all new and existing public water facilities (e.g., water mains,
Water Engineering
fire hydrants, service laterals, meters, meter boxes, backflow
devices, etc.):
• 10 feet from structures, footings, walls, stormwater
BMPs, power poles, street lights, and trees.
• 5 feet from driveways, BCR/ECR of curb returns, and
all other utilities (e.g., storm drain, gas, electric, etc.) or
above ground facilities.
25
The business shall be operated in accordance with the Letter of
Planning and Building
Request and Operation submitted as part of this application.
Department,
Any changes to the business operation as described in these
Planning Services Division
documents shall be subject to review and approval by the
Planning Director to determine substantial conformance with
these documents, to determine that adequate parking shall
continue to be provided for onsite uses, and to ensure
compatibility with the surrounding uses.
26
All new landscaping shall be installed by the owner/developer
Planning and Building
in conformance with Chapter 18.46 "Landscape and Screening"
Department,
of the Anaheim Municipal Code and shall be maintained in
Planning Services Division
perpetuity. Landscaping shall be replaced by the applicant in a
timely manner in the event that it is removed, damaged,
diseased, and/or dead.
27
The Applicant/Owner shall defend, indemnify, and hold
Planning and Building
harmless the City and its officials, officers, employees and
Department,
agents (collectively referred to individually and collectively as
Planning Services Division
"Indemnitees") from any and all claims, actions or proceedings
brought against Indemnitees to attack, review, set aside, void,
or annul the decision of the Indemnitees concerning this permit
or any of the proceedings, acts or determinations taken, done,
or made prior to the decision, or to determine the
reasonableness, legality or validity of any condition attached
thereto. The Applicant's indemnification is intended to include,
but not be limited to, damages, fees and/or costs awarded
against or incurred by Indemnitees and costs of suit, claim or
litigation, including without limitation attorneys' fees and other
PC2023-013
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
costs, liabilities and expenses incurred by Indemnitees in
connection with such proceeding.
28
The premises shall be developed substantially in accordance
Planning and Building
with plans and specifications submitted to the City of Anaheim
Department,
by the applicant, which plans are on file with the Planning
Planning Services Division
Department, and as conditioned herein.
29
The Applicant/Owner is responsible for paying all charges
Planning and Building
related to the processing of this discretionary case application
Department,
within 30 days of the issuance of the final invoice or prior to the
Planning Services Division
issuance of building permits for this project, whichever occurs
first. Failure to pay all charges shall result in delays in the
issuance of required permits or may result in the revocation of
the approval of this application.
PC2023-013
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Heather Flores, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on April 24, 2023, by the following vote of the members
thereof:
AYES: Chairperson Kring, Vice Chairperson Henninger, Commissioners Castro, Perez,
Tran -Martin, and Walker
NOES:
ABSTAIN:
ABSENT: Commissioner Lieberman
IN WITNESS WHEREOF, I have hereunto set my hand this 2e day of April 2023.
J
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
PC2023-013