90-439 RESOLUTION NO. 90R-439
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3348.
WHEREAS, the Zoning Administrator 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 child day care center for a maximum of 64 children upon
certain real property located within the City of Anaheim, County of
Orange, State of California, legally described as:
PARCEL 1:
The West 80 feet of the following:
That portion of the West half of the Southeast
quarter of the Southeast quarter of Section 7,
Township 4 South, Range 10 West, in the Rancho
Los Coyotes, in the City of Anaheim, as shown
on a map recorded in book 51, page 10 of
Miscellaneous Maps, records of Orange County,
California, described as follows:
Beginning at a point on the West line of said
West half of the Southeast quarter of the
Southeast quarter of the Southeast quarter of
Section 7, distant along said West line North
0° 16' 57" West 40 feet from the Southwest
corner of said West half; thence parallel with
the South line of said West half, North 89° 01'
59" East 222.78 feet; thence North 0~ 58' 01"
West 7.00 feet to the beginning of a curve
concave Northwesterly and having a radius of 25
feet, a radial line to said curve bears South
0~ 58' 01" East; thence along said curve
Northeasterly, through a central angle of 89~
18' 56" an arc distance of 38.97 feet; thence
tangent to said curve, North 0~ 16' 57" West
194.29 feet; thence South 89° 01' 59" West
247.40 feet to said West line; thence along
said West line, South 0~ 16' 57" East 226.00
feet to the point of beginning.
PARCEL 2:
An easement and right to, construct, use,
maintain, alter, add to, repair, replace,
and/or remove a water line for conveying water
as granted to Butler-Harbour Construction Co.,
GRNTG CUP ~3348
a corporation, by Deed recorded September 11,
1957 in book 4033, page 3, Official Records,
over the Westerly 4 feet of Lot 58 of Tract No.
2625, as shown on a map recorded in book 94,
pages 9 to 11 inclusive, Miscellaneous Maps,
records of said Orange County, California; and
WHEREAS, the Zoning Administrator 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 Zoning Administrator, 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 her Decision No. ZA90-107 granting Conditional
Use Permit No. 3348; 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 Zoning Administrator 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.
GRNTG CUP #3348
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 circumstanoes 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, that
Conditional Use Permit No. 3348 be, and the same is hereby, granted
permitting a child care center for a maximum of 64 children on the
hereinabove described real property with a waiver of the following
provisions of the Anaheim Municipal Code:
Sections 18.12.060.030 - Maximum structural height.
and 18.44.062.011 (2 feet 6 inches permitted 5
feet from RS-7200 zoning; 9
feet existing)
Sections 18.12.060.030 - Required yard setback.
and 18.44.063.040 (minimum $0 feet required from
RS-7200 zoning; § feet existing)
subject to the following conditions:
1. That prior to issuance of a builiding permit, the appropriate
traffic signal assessment fee shall be paid to the City of
Anaheim in an amount as established by City Council
resolution.
2. That plans shall be submitted to the City Traffic Engineer for
his review and approval showing conformance with the latest
revision of Engineering Standard Plan Nos. 436 and 602
pertaining to parking standards. Subject property shall
thereupon be developed and maintained in conformance with said
plans.
3. That all parking spaces in front of the building shall be
designated "loading/unloading only".
4. That the landscaping in the thirteen (13) foot wide landscaped
island between the two (2) driveways shall be refurbished/
GRTNG CUP #3348
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trimmed in accordance with Engineering Standard Plan 137
pertaining to lines-of-sight.
5. That no drop-off area shall be permitted on Lincoln Avenue and
that all drop-offs and pick-ups shall take place on subject
property.
6. That all four (4) employees shall park on the adjacent parcel
to the east of subject property; and that an unsubordinated
reciprocal access and parking agreement (including off-site
trash collection if approved by the Streets and Sanitation
Division), in a form satisfactory to the City Attorney, shall
be recorded with the office of the Orange County Recorder.
Said agreement may be tied to subject conditional use permit
and may terminate if and when subject conditional use permit
is terminated by the City of Anaheim. A copy of the recorded
agreement shall then be submitted to the Zoning Division.
7. That fire sprinklers shall be installed in accordance with
Fire Department standards, if required by the Fire Department.
8. That a local fire alarm system shall be provided as required
by the Fire Department.
9. That, as required by the Utilities General Manager, either:
(a) Street lighting facilities along Lincoln Avenue shall be
installed as required by the utiities General Manager in
accordance with specifications on file in the office of
the Utilities General Manager. The above-required
improvements shall be installed prior to commencement of
the activity herein approved.
OR
(b) A fee for street lighting purposes shall be paid to the
City of Anaheim based on the length of street frontage
along Lincoln Avenue in an amount as established by City
Council resolution.
10. That subject property shall be served by underground
utilities, if required by the Electrical Engineering Division.
11. That trash storage areas shall be provided and maintained in a
location acceptable to the Street Maintenance and Sanitation
Division and in accordance with approved plans on file with
said division.
12. That subject property shall be developed substantially in
accordance with plans and specifications submitted to the City
of Anaheim by the petitioner and which plans are on file with
the Planning Department marked Exhibit Nos. i through 2.
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13. That the sidewalks, curbs and gutters along Lincoln Avenue
shall be repaired as required by the City Engineer and in
accordance with standard plans and specifications on file in
the Office of the City Engineer.
14. That prior to issuance of a building permit, or prior to
commencement of the activity herein approved, or within a
period of one (1) year from the date of this decision,
whichever occurs first, Condition Nos. 1, 2, 6 and 9(b),
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.
15. That prior to final building and zoning inspections or prior
to commencement of the activity herein approved, whichever
occurs first, Condition Nos. 3, 4, 7, 8, 9(a), 10, 11, 12 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 or approval of the request
regarding any other applicable ordinances, 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 11th day of December,
1990.
CITY CLERK OF THE CITY OF ANAHEIM
JLW:db
R42C3348.155
121890
GRNTG CUP #3348
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONO~ N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 90R-439 was introduced and adopted at a regular
meeting provided by law, of the Anaheim City Council held on the 11th day of
December, 1990, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution NO.90R-439 on the 8th day of January, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 8th day of January, 1991.
CITY CLERK OF THE CITY OF ANAHE~
( SEAL )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 90R-439 duly passed and adopted
by the City Council of the City of Anaheim on December 11, 1990.
CITY CLERK OF THE CITY OF ANAHEIM