87-020RESOLUTION NO. 87R-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2866.
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
from LINCOLN SAVINGS & LOAN, 18200 Von Karman, #1100, Irvine,
California 92715, owner, and LA PETITE ACADEMY, 8840 Complex Drive,
Suite 100, San Diego, California 92123, agent, upon certain real
property located within the City of Anaheim, County of Orange,
State of California, legally described as:
PARCEL 6, IN THE CITY OF ANAHEIM, AS SHOWN ON A PARCEL
MAP RECORDED IN BOOK 63, PAGE(S) 5, OF PARCEL 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 Hail 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 ail evidence and reports offered at
said hearing, did adopt its Resolution No. PC86-310 granting,
part, Conditional Use Permit No. 2866; and
in
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 ail persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WIIEREAS, the City Council finds, after careful consi-
deration of the recommendations of the City Planning Commission
and ali 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
which it is proposed to be located.
area in
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.
AND WHEREAS, the City Council does further find, after
careful consideration of the action of the City Planning
Commission and all evidence and reports offered at said public
hearing before the City Council regarding said requested
waiver(s), that ali of the conditions set forth in Section
18.03.040 of the Anaheim Municipal Code are present and that said
waiver(s) should be granted, for the following reasons:
1. That there are special circumstances applicable to
property, including size, shape, topography, location or
surroundings, which do not apply to other property under
identical zoning classification in the vicinity.
the
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 ~n the vicinity.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated, the
action of the City Planning Commission granting, in part, said
conditional use permit be, and the same is hereby, affirmed and
that Conditional Use Permit No. 2866 be, and the same is hereby,
granted permitting a child day care center on the hereinabove
described real property with a waiver of the following provisions
of the Anaheim Municipal Code:
SECTION 18.05.091.020
AND 18.84.062.040
- Maximum number of wall signs.
(1 wall sign permitted; 2
wall signs proposed)
subject to the following conditions:
1. That prior to issuance of a building permit, or
commencement of the activity herein approved, whichever occurs
first, the appropriate major thoroughfare and bridge fee shall be
paid to the City of Anaheim in an amount as specified in the Major
Thoroughfare and Bridge Fee Program for the Foothill/Eastern
Transportation Corridor, as approved by City Council Resolution
No. 85R-423.
-2-
2. That prior to issuance of a building permit, or
commencement of the activity herein approved, whichever occurs
first, the appropriate traffic signal assessment fee shall be paid
to the City o£ Anaheim in an amount as determined by the City
Council.
3. That owner/applicant shall reconstruct the existing
driveway on Canyon Rim Road to a configuration as approved by the
City Traffic Engineer.
4. That subject property shall be developed substantially
in accordance with plans and specifications on file with the City
of Anaheim marked Exhibit Nos. i through 5; provided, however,
that the mulched-in infant playgound area shall be located within
twenty-eight (28) feet of the east wall of the existing building
so as not to encroach into the existing six (6) foot wide
landscaped area along the easterly side of the property.
5. That prior to final building and zoning inspections,
Condition Nos. 3 and 4, above-mentioned, shall be complied with.
6. That on-site signage shall be non-illuminated.
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 27th day of January, 1987.
MAYOR OF T NAHEIM
ATT~ , ~
CITY CLERK OF THE CITY OF ANAHEIM
BG:fm
1719L
032087
-3-
CLERK
STATE OF CAJglFORNIA )
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. 87R-20 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 27th day of January, 1987, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS: One
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 87R-2D on the 27th day of January, 1987.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 27th day of January, 1987.
CITY CLERK OF THE CITY
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 87R- 20 duly passed and adopted
by the Anaheim City Council on January 27, 1987.
CITY CLERK OF THE CITY OF ANAREIM