Resolution-ZA 1991-33• •
DECISION OF THE ZONING ADMINISTRATOR NO. ZA 91-33
PETITION: CONDITIONAL USE PERMIT N0. 3443
CEQA STATUS: Negative Declaration
HEARING. DATE: August 8, 1991
OPPOSITION: Two people spoke on opposition at the public hearing, and a note
in opposition and a letter voicing concern were received.
OWNER: MUFFET MEDLOCK
2574 Lark Ellen Lane, Anaheim, CA 92806
LOCATION:' 2229 East Lincoln Avenue
REQUEST: Petitioner requests approval of a conditional use permit under
authority of Code Section 18.41.050.060 to permit a day care
center for a maximum of 50 children.
Having been appointed Zoning Administrator by the Planning Director to decide
the above-referenced petition, pursuant to Anaheim Municipal Code Section
18.12.020, and a public hearing having been duly noticed for and held on the
date set forth above, I do hereby find, pursuant to the Sections 18.02.030.030
through 18.02.030.035 of the Anaheim Municipal Code:
1. That the proposed use is properly one for which a conditional use permit
is authorized by the Zoning Code;
2. That the proposed use will not adversely affect. the adjoining land uses
and the growth and development of the area in which is proposed to be
located;
3. That the size and shape of the site for the proposed use is adequate to
allow the full development of the proposed use in a manner not detrimental
to the particular area nor to the peace, health, safety, and general
welfare;
4. 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
traffic in the area; and
5. That the granting of the conditional use permit under the conditions
imposed, if any, will not be detrimental to the peach, health, safety and
general welfare of the citizens of the City of Anaheim.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has reviewed the proposal to permit a day care center for a maximum of 50
children on an irregularly-shaped parcel of land consisting of approximately
0.54 acre, having a frontage of approximately 100 feet on the north side of
Lincoln Avenue, having a maximum depth of approximately 236 feet and being
located approximately 490 feet west of the centerline of Paradise Lane, and
ZA-3443 -1- ZA 90-33
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Conditional Use Permit No. 3443
Page 2
further described as 2229 East Lincoln Avenue; and does hereby approve
the Negative Declaration upon finding that she 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.
Based on the evidence and testimony presented to me, I do hereby
determine to APPROVE Conditional Use Permit No. 3443, subject to
the following conditions:
1. * That due to the change in use and/or occupancy of the building,
plans shall be submitted to the Building Division showing
.compliance with the minimum standards of the City of Anaheim,
including the Uniform Building, Plumbing, Electrical, Mechanical
and Fire Codes as adopted by the City of Anaheim. The
appropriate permits shall be obtained for any necessary work.
2. That the existing driveway on Lincoln Avenue shall be removed and
replaced with standard curb, gutter, sidewalk and landscaping.
3. That a circular driveway shall be provided to Lincoln Avenue. A
driveway plan shall be submitted to the City Traffic and
Transportation Manager for his review and approval, and shall
show two (2) one-way driveways for ingress and egress to the
property, sixteen (16) feet wide each, and shall include a
landscaped island between the circular driveway and the sidewalk
along Lincoln Avenue. The landscaping in that area shall not be
higher than twenty four (24) inches.
4. .That plans shall be submitted to the City Traffic and
.Transportation Manager for his review and approval in conformance
with the current versions of Engineering Standard Plan Nos. 436
and 602 pertaining to parking standards and driveway location.
Subject property shall thereupon be developed and maintained in
conformance with said plans.
5. That all driveways shall be constructed with fifteen (15) foot
radius curb returns as required by the City Engineer in
conformance with Engineering Standards No. 137.
6. That all children shall be dropped off and picked up from the
circular driveway; that no children shall be dropped off or
picked up from Lincoln Avenue or from the public alley to the
rear (north) of the property; and that. the petitioner shall
so-inform all parents, guardians or others who drop off or pick
up children.
7. * That fire sprinklers shall be installed as required by the Fire
Department.
8. That a local fire alarm system shall be provided.
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Conditional Use Permit No. 3443
Page 3
9. * That, if required by the Utilities General Manager, street lighting
facilities along Lincoln Avenue shall be installed as required by the
Utilities General Manager in accordance with specifications on file in
the Office of the Utilities General Manager; or that security in the form
of a bond, certificate of deposit, letter of credit, or cash, in an
amount and form satisfactory to the City of Anaheim, shall be posted with
the.. City to guarantee the satisfactory completion of the above-mentioned
improvements. if required, said security shall be posted with the City
of Anaheim prior to issuance of a building permit or commencement of the
day care business, whichever occurs first, and installation shall be
completed within six (6) months of occupancy.
r
10. * That the legal owner of subject property shall irrevocably offer to
dedicate to the City of Anaheim an .easement sixty (60) feet in width from
the centerline of Lincoln Avenue for street widening purposes
11. * That trash storage areas shall be provided and maintained in a location
.acceptable to the Street Maintenance and Sanitation Division and in
accordance with approved plans on file with said division. Such
information shall be specifically shown on the plans submitted for
building permits.
12. That prior to issuance of a building permit, a solid waste management
plan with recycling capabilities shall be approved by the Street
Maintenance-and Sanitation Division. Upon occupancy of the project, said
plan shall commence and shall remain in full effect as required by said
Division.
13. * That the proposal shall comply with all signing requirements of the CO
"Commercial, office" Zone, unless a variance allowing sign waivers is
.approved by the City Council, Planning Commission or Zoning
Administrator.
14, That subject property shall be developed 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 3.
15. That prior to issuance of a building permit or within a period of one (1)
year from the date of this decision, whichever occurs first, Condition
Nos. 1, 3, 4, 9, 10, 11 and 12, above-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.
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Conditional Use Permit No. 3443
Page 4
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17. That prior to final building and zoning inspections, Condition Nos. 2, 5,
7, 8 and 10, above-mentioned, shall be complied with.
18. * 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 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. Conditions marked with an asterisk
(*) are required by established laws, codes, regulations and agreements
and are, therefore, not subject to negotiation.
This decision is made, signed, and entered into the file this fifteenth
day of August, 1991.
.~ ,
d-
Annika M. Santalahti
Zoning Administrator
NOTICE: This decision shall become final unless an appeal to the City
Council,-in writing, accompanied by an appeal fee, is filed with the
City Clerk within 15 davs of the date of the signing of this decision
or unless members of the City Council shall request to review this
decision within said 15 days.
DECLARATION OF SERVICE BY MAIL: I do hereby declare under penalty of
perjury that on the date set forth below, I did deposit, in the United
States Mail, a copy of the decision to the applicant and. did forward a
copy to the City Clerk.
DATED: August 15, 1991
~~~~~~~ /~ e~~~~
Pamela H. Starnes
Administrative Assistant
ZA-3443 -4- ZA 90-33