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93-098 RESOLUTION NO. 93R-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3621. WHEREAS, the City Planning Commission 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 private educational computer training center upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: Sections 18.06.050.0212 - Minimum number of parking spaces. 18.06.050.0261 (1,605 required; 446 spaces existing); and and 18.44.066.050 WHEREAS, 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 required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, 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 Resolution No. PC93-49 granting Conditional Use Permit No. 3621; 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 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 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. 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 18.06.080 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: 1. The variance(s) will not cause an increase in ~raffic congestion in the immediate vicinity nor adversely affect the adjoining land uses; and 2. The granting of the variance(s) under the conditions imposed will not be detrimental to the peace, health, safety or 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, for the reasons hereinabove stated, Conditional Use Permit No. 3621 be, and the same is hereby, granted permitting a private educational computer training center on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: Sections 18.06.050.0212 - Minimum number of Darkinq spaces. 18.06.050.0261 (1,605 required; 446 spaces and 18.44.066.050 existing) subject to the following conditions: 1. That the hours of operation shall be limited to 8 a.m. to 10 p.m., Monday through Friday, with classes running from 8 a.m. to 1:30 p.m. and 6 p.m. to 10 p.m. 2. That the maximum student enrollment shall not exceed two hundred and fifty (250) students per session. 3. That each employee and student shall be issued a parking permit and shall park on the upper level of the parking structure until it is full and then, and only then, shall they park on other levels of said parking structure. Enforcement of this condition shall be the responsibility of the applicant. 4. That the interior striping of the parking structure shall be renovated and signs posted to safely direct traffic. 5. That the mitigation measure to provide for safely exiting the parking structure (i.e. bubble mirrors, buzzer, etc.) shall be 5. That the mitigation measure to provide for safely exiting the parking structure (i.e. bubble mirrors, buzzer, etc.) shall be submitted to the Planning Commission for review as a "Report and Recommendation's" item. 6. 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. 1 through 4. 7. That prior to commencement of the activity herein approved or prior to final building and zoning inspections, whichever occurs first, Condition Nos. 4, 5 and 6, above-mentioned, shall be complied with. 8. 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 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 8th day of June, 1993. ~ MAYOR OF THE CITY OF~NAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 2205.1\JgtUTE\June 11, 1993 - 3 - 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. 93R-98 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 8th day of June, 1993, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Pickler, Simpson, Daly NOES: COUNCIL MEMBERS: Hunter ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 93R-98 on the 9th day of June, 1993. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 9th day of June, 1993. CITY CLFRK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do herelDy certify that the foregoing is the original of Resolution No. 93R-98 was duly passed and adopted by the, City Council of the City of Anaheim on June 8, 1993. CITY CLERK OF THE cITY OF ANAHEIM