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87-354RESOLUTION NO. 87R-354 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2914. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from CHARLES H. PttlLLIPS AND LINDA PHILLIPS, 411 N. Lakeview Avenue, Anaheim, California 92807, owners, upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 216, PAGES 14 AND 15 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; 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 ail evidence and reports offered at said hearing, did adopt its Resolution No. PC87-122 granting Conditional Use Permit No. 2914; 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 ail persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful consi- deration 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 ~unicipal Code. 2. The proposed use will not adversely affect the adjoin- ing 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. 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 said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 2914 be, and the same is hereby, granted permitting a child day care facility in conjunction with a proposed industrial medical clinic on the hereinabove described real property, subject to the following conditions: 1. That a median island shall be installed on La Palma Avenue to the satisfaction of the City Traffic Engineer; and that security in the form of a bond, certificate of deposit, letter of credit, or cash shall be posted with the City to guarantee the satisfactory completion of said improvements. Said security shall be posted with the City within 60 days from the date of this resolution to guarantee the installation of the median island within one year from the date of security posting. 2. That a precise parking plan shall be reviewed and approved by the City Traffic Engineer. 3. That attendance of subject day care facility shall not exceed a maximum of eighty-eight (88) children at any one time. 4. That in accordance with Section 18.61.050.615, this use shall be limited exclusively to children of parents or guardians at least one of whom is employed by a business located in the Canyon Industrial Area and which business is a primary permitted industrial use. 5. That prior to final building and zoning inspections, 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. 6. That prior to issuance of a building permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by the City Council. 7. That all driveways shall be constructed or reconstructed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 8. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. -2- 9. That subject property shall be served by underground utilities. 10. That prior to commencement of structural framing, fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department. 11. That all lockable pedestrian access gates shall be equipped with a "knox box" device to the satisfaction of the Chief of Police and the City Fire Marshall. 12. That fire sprinklers shall be installed as required by the City Fire Marshall. 15. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 14. That ail air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view. 15. That the proposal shall comply with ali signing requirements of the ML Zone, unless a variance allowing sign waivers is approved by the Planning Commission or City Council. 16. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 5. 17. That prior to the commencement of the activity authorized under this resolution, or prior to issuance of a building permit, within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 2 and 6, 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. 18. That prior to final building and zoning inspections, Condition Nos. 5, 7, 8, 9, 11, 12, 15, 14 and 16, above-mentioned, shall be complied with. 19. That ali children shall be accompanied inside the facility by an adult and signed in by the parent or guardian each day, and signed out when leaving the facility each day. 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. -5- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 18th day of August, 1987. ~IAYOR OF THE ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM BG:fm 1995L 090887 -4- CLERK 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. 87R-354 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 18th day of August, 1987, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Hunter, Pickler, Kaywood and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Ehrle AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 87R-354 on the 18th day of August, 1987. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 18th day of August, 1987. 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. 87R-354 duly passed and adopted by the Anaheim City Council on August 18, 1987. ~C%TY CLERK OF THE CITY OF ANAHEIM