97-070RESOLUTION NO.97R -70
A RESOLUTION OF THE CITY COUNCIL
OF ANAHEIM APPROVING AN AMENDMENT
TO CERTAIN CONDITIONS OF APPROVAL
IN CONDITIONAL USE PERMIT NO. 3726
AND AMENDING RESOLUTION NO. PC94 -147.
WHEREAS, the Planning Commission of the City of Anaheim
heretofore adopted Resolution No. PC94 -147 approving Conditional
Use Permit No. 3726, subject to certain conditions specified
therein; and
WHEREAS, the permittee has now requested an amendment
to certain of said conditions of approval; and
WHEREAS, following a duly noticed public hearing, the
Planning Commission adopted its Resolution No. PC97 -26, on March
17, 1997, approving an amendment to certain conditions of
Conditional Use Permit No. 3726, which decision was subsequently
appealed or requested for review by the City Council; and
WHEREAS, the City Council held a duly noticed public
hearing on May 20, 1997, at which hearing the City Council did
receive and consider evidence, both oral and documentary,
relating to said request; and
WHEREAS, the City Council hereby finds and determines
that the amendment of said conditions of approval in the manner
hereinafter set forth is reasonably necessary to protect the
public peace, health, safety or general welfare, or necessary to
permit reasonable operation under said conditional use permit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that the conditions of approval heretofore
imposed in Conditional Use Permit No. 3726 be, and the same are
hereby, amended by:
(a) the amendment of Conditions Nos. 5 and 6 as set
forth in Resolution PC94 -147 to read as follows:
"5. The 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 Revision No. 1 of Exhibit No. 1 and
Exhibit Nos. 2 and 3."
6. That the school enrollment shall not exceed six hundred
fifty (650) students at 5310 East La Palma Avenue, provided that
said maximum permitted school enrollment shall resort to 450
students effective as of June 20, 2002."
(b) The addition of new Conditions Nos. 10, 11, 12 and
1
13 to Conditional Use Permit No. 3726 to read as follows:
"10. That prior to commencement of use of the proposed
playground, a fence enclosure of the playground shall be
constructed of wrought iron wherever the fence is visible from La
Palma Avenue; and that the remainder of the fence may be
constructed of chain link.
11. That within a period of sixty (60) days from the date
of this resolution, the proposed parking spaces along Cambridge
Circle (a private street) shall be striped to match Revision No.
1 to Exhibit No. 1.
12. That within a period of sixty (60) days from the date
of this resolution, a plan sheet for solid waste storage and
collection and a plan for recycling shall be submitted to the
Public Works Department, Streets and Sanitation Division, for
review and approval.
13. That the applicant shall submit a signed statement,
approved by the City Attorney's Office, acknowledging that
industrial uses are permitted, and may be located immediately
adjacent to subject use. The statement shall indicate the
permitted primary uses and conditionally permitted uses specified
by Specific Plan No. 94 -1 for Development Area 2, and shall
acknowledge that the uses may be subject to change by Specific
Plan Adjustment without further notice to the subject property
owner. Said signed statement need not be a recorded document."
BE IT FURTHER RESOLVED that, except as expressly
amended herein, Resolution No. PC94 -147 shall remain in full
force and effect.
BE IT FURTHER RESOLVED that the amendment to Conditions
Nos. 5 and 6 and the addition of new Conditions Nos. 10, and 11
as approved by this Resolution shall terminate and expire on June
20, 2002, and the conditions of approval of this Conditional Use
Permit No. 3726 shall be solely as set forth in Resolution No.
PC94 -147 unless such conditions are hereinafter amended.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 20th day of May, 1997.
MAYOR OF E CITY F ANAHEIM
TEST
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CITY CLERK OF TH /CITY OF ANAHEIM
j1w0023157.01
2
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 97R -70 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 20th day of May, 1997, by the following vote of the
members thereof:
AYES: MAYOR /COUNCIL MEMBERS: McCracken, Lopez, Daly
NOES: MAYOR /COUNCIL MEMBERS: Tait, Zemel
ABSENT: MAYOR /COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 97R -70 on the 20th day of May, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 20th day of May, 1997.
(SEAL)
6 orsett ?it
alci CITY CLERK OF THE CITY OF ANAHEIM
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 97R -70 was duly passed and adopted by the City Council of
the City of Anaheim on May 20, 1997.
0.4 CITY CLERK OF THE CITY OF ANAHEIM