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83R-485 RESOLUTION NO. 83R-485 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2503. 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 DARRELL L. CLARDY AND ESTHER M. CLARDY, owners, to permit a self-defense school with caretaker's quarters upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: LOT 140 OF TRACT 1951, AS PER MAP RECORDED IN BOOK 63 PAGES 4 AND 5 OF 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. PC83-200 granting Conditional Use Permit No. 2503; 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 Counci1 did du1y ho1d 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 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 Municipal 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. 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 all 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 the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity. 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 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 said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 2503 be, and the same is hereby, granted permitting a self-defense school with caretaker's quarters on the hereinabove described real property with a waiver of the fo1lowing provisions of the Anaheim Municipa1 Code: SECTION l8.26.063.010 Minimum landscaped setback. (25 feet required; 9 feet proposed) SECTION 18.26.063.020 Minimum sideyard setback (5 feet required; 0-4.5 feet proposed) subject to the following conditions: -2- "_.'U';'"..~~,....,....,....".,_, l. That the owner of subject property shall, by recorded deed, irrevocably offer to deed to the City of Anaheim a strip of land 53 feet in width from the centerline of the street along Magnolia Avenue for street widening purposes, and 20 feet from west property line for alley purposes. 2. That the vehicular access rights, except at approved access points, to Magnolia Avenue shall be dedicated to the City of Anaheim. 3. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Magnolia Avenue in an amount as determined by the City Council. 4. That the owner of subject property shall pay to the City of Anaheim a fee for street lighting along Magnolia Avenue in an amount as determined by the City Council. 5. That prior to issuance of a building permit, the appropriate traffic signal assessment fee equaling the difference between the commercial and residential assessment fees shall be paid to the City of Anaheim in an amount as determined by the City Council. 6. 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 3, Revision No. 1 of Exhibit No.4, and Exhibit Nos. 5 and 6. 7. That the maximum number of students per session shall be fifteen (15). 8. That a sidewalk shall be installed in accordance with City standards along Magnolia Avenue connecting with the existing sidewalk on the property to the north of subject property. 9. That prior to issuance of a building permit, Condition Nos. 1, 2, 3, 4 and 5, above mentioned, shall be complied with. 10. That prior to fina1 bui1ding and zoning inspections, Condition Nos. 3 and 8, above-mentioned, shall be complied with. 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. -3- _."...,......""'~<._,,- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 20th day of December, 19B3. ~ MAYOR OF THE ~~ ATTEST: ~~4)~ CITY-CLERK OF THE ~y OF ANAHEIM JLW: fm 1908M 1-4-84 -4- C"""""'~"'___"'~' ...- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 83R-485 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 20th day of December, 1983, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 83R-485 on the 20th day of December, 1983. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 20th day of December, 1983. ~~~ CITY CL RK OF THE ITY ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 83R-485 duly passed and adopted by the Anaheim City Council on December 20, 1983. ~J~)~ - CITY CLERK -" -""