99-178RESOLUTION NO. 99R-178
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM RESCINDING RESOLUTION
NO. 98R-138 WHICH AMENDED CERTAIN
CONDITIONS OF APPROVAL OF CONDITIONAL
USE PERMIT NO. 3662 AS ADOPTED BY
RESOLUTION NO. PC94-41 AND AS AMENDED
BY RESOLUTION NO. PC94-103.
WHEREAS, on March 21, 1994, the Planning Commission of
the City of Anaheim adopted its Resolution No. PC94-41 approving
Conditional Use Permit No. 3662 ("CUP 3662") to authorize and
permit a three-unit, two story, commercial complex consisting of
a commercial office building, a 4,416 square foot private
educational facility (pre-school to third grade), and a 4,372
square foot church, on three parcels of property, with a waiver
of minimum landscaped setback adjacent to a residential zone
boundary; and
WHEREAS, the petitioner subsequently submitted a
revised site plan (Revision No. 1 of Exhibit No. 1) and, on
August 8, 1994, the Planning Commission adopted its Resolution
No. PC94-103 amending said CUP 3662, and amended and restated the
conditions of approval as theretofore set forth in Resolution No.
PC94-41, to permit a three-unit, two-story, 18,048 square foot
commercial complex consisting of an 8,240 square foot office, a
5,392 square foot church, and a 4,416 square foot private school
(pre-school to third grade), with waivers of maximum fence
height, minimum setback of institutional uses adjacent to a
residential zone boundary and minimum structural setback abutting
a Scenic Expressway; and
WHEREAS, the petitioner subsequently submitted, and
obtained City approval of, modified plans to increase the church
square footage to 7,232 square feet, to reduce the office
building to 5,490 square feet, and to reduce the number of off-
street parking spaces from 82 to 79; and
WHEREAS, on April 13, 1998, the Planning
Commission did hold a public hearing to hear and consider
evidence relating to the possible modification or revocation of
CUP 3662 and, after hearing and considering all evidence
presented, did adopt its Resolution No. PC98-56 modifying CUP
3662 by amending the conditions of approval of CUP 3662 as
theretofore adopted by Resolution No. PC94-41, and amended and
restated by Resolution No. PC94-103; and
WHEREAS, thereafter, within the time permitted by law
and in accordance with the appeal and review procedures set forth
in Section 18.03,080 et seq. of the Anaheim Municipal Code, the
requisite number of City Council members caused the review of the
aforesaid decision of the Planning Commission at a duly noticed
public hearing thereby vacating the decision of the Planning
Commission contained in Resolution No. PC98-56; and
WHEREAS, on June 23, 1998, following a duly noticed and
conducted public hearing, the City Council of the City of Anaheim
adopted its Resolution No. 98R-138 amending the conditions of
approval as set forth in Resolution No. PC94-41, as amended by
Resolution No. PC94-103, relating to Conditional Use Permit No.
3662; and
WHEREAS, on August 5, 1998, an action was filed in
Orange County Superior Court entitled J.G.D. Company, Inc.,
Mahinda Jayaratne, M.D., and Chintha Jayaratne v. City of
Anaheim, Case No. 797804 challenging the decision of the City
Council as set forth in Resolution No. 98R-138 as applied to the
office site and school site; and
WHEREAS, on February 19, 1999, the Orange County
Superior Court issued a peremptory writ of administrative
mandamus, ordering the City to rescind Resolution No. 98R-138;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim as follows:
entirety.
Resolution No. 98R-138 is hereby rescinded in its
2. Resolution No. PC94-41, as amended by Resolution
No. PC94-103, shall remain in full force and effect.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 17th day of August 1999.
MAYO/R~~OF THE~HEIM
ATTEST:
C~FT~HE~NAHEIM
31536.2
2
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 99R-178 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 17th day of August, 1999, by the following vote of the members
thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, 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.99R-
178 on the 17th day of August, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 17th day of August, 1999.
'CITY CLERK ~HEIM
(SEAL)
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 99R-178 was duly passed and adopted by the City Council of the
City of Ariahelm on August 17th, 1999.
,'z-z.¢'?'. CITY CLERKT:::)F THE~HEIM