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90-361 RESOLUTION NO. 90R-361 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3309. WHEREAS, the Zoning Administrator of the City of Anaheim did receive an application for a conditional use permit to permit a pre-school for a maximum of 45 children with waivers of the hereinafter specified provisions of the Anaheim Municipal Code on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: The North ilS.00 feet of the South 789.00 feet of the West 135.00 feet of that portion of the West half of the Southwest quarter of the southeast quarter of Section 12, Township 4 South, Range 11 West, in the Rancho Los Coyotes, as shown on a map recorded in Book 51, Page 11 of Miscellaneous Maps, records of said County described as follows: Beginning at the southwest corner of the West half of said Southwest quarter; thence North along the West line of said West half, 1520 feet to the Northwest corner of said West half of the Southwest quarter of the Southeast quarter; thence East 530 feet; thence South 1520 feet; thence West 530 feet to the point of beginning; and WHEREAS, the City 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 its Decision No. 2A90-55 denying Conditional Use Permit No. 5309; 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 hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports, and did consider the same; and CUP 3309 WHEREAS, the City Council does find, after careful consideration of the action of the Zoning Administrator and all evidence and reports offered at said public hearing before the City Council, that all of the conditions and criteria set forth in Section 18.03.030.030 of the Anaheim Municipal Code are not present for the following reasons: 1. That the proposed use will adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located for the following reasons: (a) That subject property, in terms of its use as a children's pre-school, is at an unsuitable location because it is located on Dale Avenue (an arterial highway) between the off-set intersection of Yale and Tyler Avenues which streets are less than 75 feet apart; [b) that the proposed vehicle drop-off and parking area is in the yard along Dale Avenue with a single driveway providing entrance and exiting from Dale Avenue close to possible traffic conflicts caused by vehicles entering Dale from both Yale and Tyler Avenues; [c) that the parking area design may encourage an unsafe traffic condition wherein drivers back into Dale Avenue because they cannot easily turn around on-site and "head" out onto Dale; (d) that said yard along Dale Avenue is not large enough to allow re-design of the parking area as a "circular" driveway wherein drivers could enter said parking area and exit it continuously one-way; and [e) That subject property is not suitable for use as a children's pre-school because (i) the 27 to 42-foot deep children's play area abuts an existing single family residence along almost the entire east property line and the outdoor activities of 45 children will potentially have an adverse noise and disturbance impact on said adjacent single family residence and (ii) that the size of the yard along Dale Avenue in terms of its use as a parking and drop-off area is too small because the 4 proposed parking spaces are in tandem to one another thereby limiting their functionality, because lack of on-site turning space may cause drivers to back their cars into Dale Avenue, and because lack of on-site space may cause conflicts when drivers try to enter and exit the drop-off area using the single driveway simultaneously; and 2. That the size and shape of the site proposed for the use is not 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 for the reasons set -2- CUP 3309 forth in subparagraphs (a), (b), (c), (d) and (e) of Paragraph 1 above; and 5. That the traffic generated by the proposed use will impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area for the reasons set forth in subparagraphs (a), (b), (c), (d) and (e) of Paragraph 1 above; and 4. That the granting of the conditional use permit would be detrimental to the peace, health, safety, and general welfare of the citizens of the City of Anaheim for the reasons set forth in Paragraphs 1, 2 and 5 above; and WHEREAS, said application requests waivers of the following provisions of the Anaheim Municipal Code: Sections 18.04.042.020 Structural setbacks and yards. and 18.12.060.050 (No parking or play areas permitted in required side yards; parking and play areas proposed). WHEREAS, the City Council does find, after careful consideration of the action of the Zoning Administrator and all evidence and reports offered at said public hearing before the City Council regarding said requested waivers, that all of the conditions of Section 18.05.040.030 of the Anaheim Municipal Code are not present, and that said waivers should be denied, for the following reasons: 1. That no evidence was presented demonstrating 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 no evidence was presented demonstrating that 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 said conditional use permit be, and the same is hereby, denied for the reasons hereinabove specified, and that the request of the applicant to permit a pre-school for a maximum of 45 children on the hereinabove described real property with waivers of the aforesaid provisions of the Anaheim Municipal Code be, and the same is hereby, denied. BE IT FURTHER RESOLVED that the time within which reheatings must be sought is governed by the provisions of Section 1.12.100 of the Anaheim Municipal Code and the time within which judicial review of final decisions must be sought is governed by -3- CUP 3309 the provisions of Section 1094.6 of the Code of Civil Procedure and Anaheim City Council Resolution No. 79R-524, THE FOREGOING RESOLUTION is approved and adopted by the City'Council of the City of Anaheim this 18th day of September, 1990. ATTEST: CITY CLERK OF OF ANAHnI~ JLW:kh 3906L 091990 -4- CUP 3309 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. 90R-361 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 September, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Daly, Pickler and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Kaywood AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 90R-361 on the 1st day of October, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 1st day of October, 1990. 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. 90R-361, duly passed and adopted by the Anaheim City Council on September 18, 1990.