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90-033 RESOLUTION NO. 90R-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT NO. 1564. WHEREAS, the City Council of the City of Anaheim heretofore adopted Resolution No. 75R-534 approving Conditional Use Permit No. 1564, subject to certain conditions specified therein; and WHEREAS, Conditional Use Permit No. 1564, and the conditions contained therein, was thereafter amended by Resolutions Nos. 82R-148 and 83R-237; and WHEREAS, the permittee has now requested a further amendment to said Conditional Use Permit No. 1564 and the conditions of approval thereof; and WHEREAS, the City Council held a duly noticed public hearing on January 16, 1990, at which hearing the City Council did receive and consider evidence, both oral and documentary, relating to said request; and WHEREAS, the City Council hereby finds and determines that the amendment of said conditions of approval in the manner hereinafter set forth is reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to permit reasonable operation under said Conditional Use Permit No. 1564. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the conditions of approval heretofore imposed in Conditional Use Permit No. 1564 as adopted by Resolution No. 75R-554 and amended by Resolutions Nos. 82R-148 and 82R-237 be, and the same are hereby, amended in their entirety to read as follows: "1. That all air conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent properties. 2. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Director of Public Works. 5. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. CUP NO. 1564 4. That the lighting of subject property shall be oriented in such a way as not to interfere with traffic on the Riverside Freeway; and that petitioner shall obtain a favorable letter from CalTrans indicating the proposed lighting will not be detrimental nor hazardous to the safety of th freeway traffic; and, furthermore, that said letter shall be submitted to the Planning Department prior to the commencement of the activity authorized under this resolution. 5; That an attendant shall be stationed at the top of the slide at all times during operation to regulate the use and control the number of patrons using the facility. 6. That a qualified life guard shall be in attendance at the pool deck at the times during operation and render aid in case of an accident or injury. 7. That the operator shall carry not less than Five Million Dollars of public liability insurance for personal injuries and that said policy shall require at least 30 days advance notice of termination or cancellation to the City of Anaheim. A certificate of insurance evidencing such coverage shall be approved by the City Attorney's Office prior to use of the roller slide. 8. That gutters shall be repaired along Carpenter Avenue, as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 9. That street lighting facilities along Shepard Street shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager; or that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City of Anaheim prior to issuance of a building permit. The above-required improvements shall be installed prior to commencement of the activity authorized by this resolution. 10. That the new construction authorized by this resolution shall be served by underground utilities. -2- CUP NO. 1564 11. 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 established by City Council resolution. 12. That a parking plan showing compliance with City parking lot design standards shall be submitted to and approved by the City Traffic Engineer, with the parking lot to be restriped satisfactory to the City Traffic Engineer. 15. 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. Such information shall be specifically shown on the plans submitted for building permits. 14. That the proposal shall comply with all signing requirements of the ML "Industrial, Limited" Zone, unless a variance allowing sign waivers is approved by the City Council, Planning Commission or Zoning Administrator. 15. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 16. 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 Revision No. 4 of Exhibit No. 1; provided, however, that a minimum of one hundred eighty-eight (188) parking spaces shall be provided. 17. That prior to commencement of the activity authorized by this resolution, or prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 9, 11, 12 and 13, above- mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.05.090 of the Anaheim Municipal Code. 18. That prior to the commencment of the activity authorized by this resolution or prior to final building and zoning inspections, whichever, occurs first, Conditon Nos. 1, 2, 8~ 9, 10, and 16 above- mentioned, shall be complied with. CUP NO. 1564 19. 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 ordinance, regulation or requirement. BE IT FURTHER RESOLVED that, except as expressly amended herein, Resolution No. 75R-534, 82R-148, and 83R-237 shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 16th day of January, 1990. MES: db 3482L 011990 -4- CUP NO. 1S64 CLE~ STATE OF CALIFO~IA ) COUNTY OF ORANGE ) ss. CITY OF ~EIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 90R-33 was introduced and adopted at a regular meeting provided by law, of Me City Council of the City of An~eim held on the 16~ day of January, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle and Hunter NOES: COUNCIL MEMBERS: Ka~ood and Pickler ABSENT: COUNCIL MEMBERS: None ~D I ~RTHER certi~ that the Mayor of the City of Anaheim signed said Resolution No. 90R-33 on the 30th day of January, 1990.. IN WITNESS MEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim Sis 30th day of January, 1990. CITY CLE~ OF THE CITY OF ~EIM (SEAL) I, LEONORAN. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoimg is the original of Resolution No. 90R-33, duly passed and adopted by the Anaheim City Council on January 16, 1990.