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1981-002RESOLUTION N0.81R-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM QRANTIN(3 CONDITIONAL USE PERMIT N0. 212_3 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from MATTHEW T. NUGENT AND CHERI D. NUGENT, owners; and CHERLENE WILLIAMS AND MAXINE SWAIN, agents, of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: That portion of Lot 31 of Anaheim Extension, City of Anaheim, as shown on a map of survey made by William Hamel and filed in the Office of the County Recorder of Los Angeles County, Calif ornia, particularly de- scribed as follows: •That portion of Lot 31 of Anaheim Extension, as shown on a map of survey by William Hamel, a copy of which is shown in book 3, pages 162 to 164 inclusive of "Los Angeles County Maps", in the Office of the .County Recorder of Orange County, California described as follows: Beginning at the intersection of the center line of Walnut Street, (60 feet wide), and the Westerly prolongation of the Southerly line of Tract No. 1394, as shown on a map recorded in book 54, pages 47, 48 and 49 of Miscellaneous Maps, records of Orange County, California; thence along said southerly line North 74 deg. 16' 15" East 268.17 feet; thence at right angles thereto, South 15 deg. 43' 45" East 116.50 feet; thence at right angles thereto, South 74 deg. 16' 15" West 300.28 feet to a point in said centerline of Walnut Street; thence along said center line North 0 deg. 19' 19" West, 120.84 feet to the point of beginning; and -1- ATTY-26 (Paq~ 1 of 2 Pays) WIiEREAS, 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 re- quired by law and the provisions of Title 18, Chapter 18.Q3 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investi- gation 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. PC80-186 , arantina Conditional Use Permit No. 2123 ; and ' WfiEREAS, 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 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 WIiEREAS, the City Council finds, after careful consider- ation 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 im- pose 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the action of the City Planning Commission ~~~ r ntina said conditional use permit be, and the same is here y, affirmed and that Conditional Use Permit No. 2123 be, ~a...i and the same is hereby, granted permitting a pre-school certain real property hereinabove.described with a waiver of the following provision of the Anaheim Municipal Code: -- 2- ATTY-26 (Page 2 of 2 Pages) SECTION 18.04.043.102 - Maximum fence height. (42 inches permitted in front setback; 6 feet proposed) subject to the following conditions: 1. That the proposed pre-school shall comply with all sign- ing requirements of the RS-A-43,000 (Residential/Agricultural) Zone. 2. That subject property shall be developed substantially in accordance with revised plans to be submitted to the City of Anaheim eliminating all buildings other than the existing ones. If revised plans include any additions to the existing structure, said revised plans shall be reviewed and approved by the Planning Commission. 3. That the existing driveway on Walnut Street be closed and standard curb and gutter be installed per recommendation of the Traffic Engineer. 4. That Condition Nos. 1, 2 and 3, above-mentioned, shall be complied with prior to final building and zoning inspections. 5. That there shall be a maximum of sixty (60) children in the existing structure. 6. That the hours of operation shall typically be 6:30 a.m. to 6:00 p.m., Monday through Friday. 7. That all employees shall park in the on-site parking spaces. 8. That any mini-buses providing student transportation to and from the pre-school must be parked either on-site or at another off-site location and shall not be parked on the streets in this residential area. A maximum of six (6) mini-buses may be parked on-site. 9. That any open house or other parent-attended activities shall be limited at any one time to the parents of a maximum of ten (10) students. 10. That this conditional use permit shall be limited to a period of one year from the date of approval hereof unless other- wise extended by the City Council. _ BE IT FURTHER RESOLVED that the City Council hereby reserves the right to revoke such Conditional Use Permit for good cause or failure of said owners, their heirs, successors or assigns to comply with the Anaheim Municipal Code and regulations and the conditions therein. -3- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 6th day off' January, 1981. E CIPJf OF ATTEST: CITY LERK OF THE TY OF ANAHEIM JLW: fm -4- ""~,*~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 81R-2 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 6th day of January, 1981, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood and Roth NOES: COUNCIL MEMBERS: Bay and Seymour ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 81R-2 on the 6th day of January, 1981. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 6th day of January, 1981. ~. CITY CL RK OF THE CITY 0 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. 81R-2 duly passed and adopted by the Anaheim City Council on January 6, 1981. -- - - CITY CLERK ~` ~.