98-010
RESOLUTION NO. 98R-IO
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3984.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
to permit a 6,876 sq. ft. private school within a 19,858 sq. ft.
commercial retail center upon certain real property located within
the City of Anaheim, County of Orange, State of California, legally
described as:
LOT 130 OF TRACT 4181, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 156, PAGES 21, 22 AND 23,
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at said
hearing, did adopt its Resolution No. PC-97-169 denying Conditional
Use Permit No. 3984; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion, caused
the review of said Planning Commission action at a duly noticed
public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful
consideration of the recommendations of the City Planning
Commission and all evidence and reports offered at said hearing,
that:
1. The proposed use is properly one for which a conditional
use permit is authorized by the Anaheim Municipal Code.
2. 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.
3. The size and shape of the site proposed for the 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. 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.
5. The granting of the conditional use permit under the
conditions imposed will not be detrimental to the peace, health,
safety and general welfare of the citizens of the City of Anaheim.
WHEREAS, the City Council does further find with regard
to the hereinafter specified proposed waiver(s) of Anaheim
Municipal Code requirements, other than the proposed waiver of
off-street parking requirements, as follows:
1. That there are special circumstances applicable to the
property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical
zoning classification in the vicinitYi and
2. That, because of special circumstances shown in (1)
above, strict application of the zoning code deprives the property
of privileges enjoyed by other property under identical zoning
classification in the vicinitYi and
WHEREAS, the City Council does further find and determine
with regard to the proposed waiver of certain off-street parking
requirements that:
1. The variance will not cause an increase in traffic
congestion in the immediate vicinity nor adversely affect the
adjoining land useSi and
2. The granting of the variance under the conditions imposed
will not be detrimental to the peace, health, safety or general
welfare of the citizens of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that Conditional Use Permit No. 3984 be, and the
same is hereby, granted permitting a 6,876 sq. ft. private school
within a 19,858 sq. ft. commercial retail center on the hereinabove
described real property with a waiver of the following provisions
of the Anaheim Municipal Code:
Sections 18.04.042.020 - Minimum setback of institutional uses
adlacent to a residential zone boundarv.
and 18.44.062.011
(20-foot structural setback required for a
10-foot high commercial building and 15-
foot full v-landscaped setback required;
outdoor plav area proposed in existing
20-foot wide setback)
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Sections 18.06.050.022
18.06.050.0225
18.06.050.0267
18.06.080
and 18.44.066.050
- Minimum number of parkinq spaces.
(89 required; 73 existing)
subject to the following conditions:
1. That subject facility shall be limited to the enrollment
of 125 children and 7 staff members.
2. That the on-site landscaping and irrigation system shall
be refurbished and/or maintained in compliance with City standards.
3. That a letter requesting termination of Conditional Use
Permit No. 3905 (to permit a child day care facility with waiver of
minimum setback of institutional uses adjacent to a residential
zone boundary) and Conditional Use Permit No. 1758 (to permit on-
premises sale and consumption of beer and wine) shall be submitted
to the Zoning Division within thirty (30) days of this resolution.
4. That the outdoor play areas shall not be utilized for the
use of children prior to 9 a.m. or after 5:30 p.m. and shall not be
used by more than 10 children at anyone time.
5. That plans shall be submitted to the City Traffic and
Transportation Manager for his review and approval showing
conformance with the latest revision of Engineering Standard Plan
Nos. 436, 601 and 602 pertaining to parking standards and driveway
locations. The property shall thereupon be developed and
maintained in conformance with said plans.
6. That on-site loading and unloading spaces shall be
provided, acceptable to the City Traffic and Transportation
Manager.
7. That any graffiti shall be removed within 24 hours of its
application.
8. That all block walls within the area of the subject use,
including trash enclosure walls, shall be planted with minimum 1-
gallon size vines planted on maximum 5-foot centers to prevent
graffiti opportunities.
9. That gates shall be provided for emergency exit from all
fenced areas.
10. That this permit shall expire, and the private school use
authorized hereunder shall be terminated, on July 1, 1999.
11. That there shall be no meetings or group activities
conducted within the school facility later than 9 p.m.
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12. That all applicable building permits for the
unpermitted tenant improvements shall be obtained within thirty
(30) days of the date of this resolution.
13. That subject property shall be developed substantially
in accordance with plans and specifications submitted to the City
of Anaheim by the petitioner, on file with the Planning
Department marked Exhibit Nos. 1 and 2, and as conditioned
herein.
14. That within thirty (30) days from the date of 'this
resolution, Condition No.3, 5, 6 and 11, above-mentioned, shall
be complied with.
15. That prior to final building and zoning inspections,
whichever occurs first, Condition Nos. 2, 8, 9 and 13,
above-mentioned, shall be complied with.
16. 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 at approval of the request
regarding any other applicable ordinance, regulation or
requirement.
BE IT FURTHER RESOLVED that the City Council 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
conditions, 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.
THE FOREGOING RESOLUTION is approved and adopted-by the
City Council of the City of Anaheim this 13th day of January,
1998.
MAYO
A2:
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CITY CLERK OF THE CI OF ANAHEIM
0025549.01
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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. 98R-10 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 13th day of January, 1998, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSENT:
MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 98R-10 on the 13th day of January, 1998.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 13th day of January, 1998.
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CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 98R-10 was duly passed and adopted by the City Council of
the City of Anaheim on January 13th, 1998.
e_/1 ~
CITY CLERK OF THE CITY OF ANAHEIM