96-046 RESOLUTION NO. 96R~6
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING CONDITIONS OF APPROVAL OF
CONDITIONAL USE PERMIT NO. 1897 AS SET FORTH IN
RESOLUTION NO. 78R-749
WHEREAS, on November 21, 1978 the City Council adopted
Resolution No. 78R-749 approving Conditional use Permit No. 1897
(to permit a multiple-purpose facility for park, recreation and
professional sports training uses) on certain real property
located within the City of Anaheim and legally described as set
forth on Exhibit A attached hereto; and a Negative Declaration
was approved concurrently for such uses, pursuant to the
provisions of the California Environmental Quality Act; and
WHEREAS, subject property is developed with a vacant
elementary school (Juliette Low School previously occupied as a
professional football team office and team practice facility and
is located in the RS-A-43,000 "Residential/Agricultural" Zone;
and
WHEREAS, the City of Anaheim has initiated an
application to amend or delete, without limitation, conditions of
approval of Conditional Use Permit No. 1897 pertaining to the
previously approved multiple-purpose facility for football
practice and training, and corporate team offices; and
WHEREAS, the City Planning Commission held a public
hearing upon said application on March 4, 1996, and adopted its
Resolution No. PC96-29 approving an amendment to the conditions
of approval of Conditional Use Permit No. 1897; and
WHEREAS, within the time permitted by law, the City
Council determined to review the decision of the Planning
Commission as provided pursuant to Section 18.03.080 of the
Anaheim Municipal Code; and
WHEREAS, the City Council did hold a public hearing at
the Civic Center in the City of Anaheim on March 26, 1996, with
notice of said public hearing having been duly given as required
by law and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.03, to hear and consider evidence for
and against said proposed application and to investigate and make
findings and recommendations in connection therewith; and
WHEREAS, the City Council, after due inspection,
investigation and study made by itself and in its behalf, and
after due consideration of all evidence and reports offered at
said hearing, does find and determine the following facts:
1. That the approved amendments, including imposition of
additional conditions, are reasonably necessary to protect the
public health, safety and general welfare, and to permit
reasonable operation under the conditional use permit as granted
in that:
(a) The City Council approved Resolution No.78R-749
granting Conditional Use Permit No. 1897 subject to
conditions of approvals specific to the Los Angeles
Rams football team which are no longer appropriate
because the Rams have departed.
(b) Another professional football team is proposed to be
the new tenant on an interim basis and deletion and
modification of certain conditions are reasonably
necessary to permit reasonable operation under the
conditional use permit as granted.
(c) The continued use as a football training facility will
benefit the community by providing lease revenue to the
Magnolia Unified School District which will permit the
District to operate reading programs, music programs
and bring technology to the schools that the district
otherwise would be unable to provide.
(d) The proposed continued use is an interim use, and
conditions have been imposed limiting the use to
protect the surrounding community.
(e) The Superintendent of the Magnolia School District
testified that if the property is not used for the
purposes authorized by Conditional Use Permit No. 1897,
the District would begin renovation to use the site for
a school. The traffic generated by the continuing use
as a football training facility will be much less than
the traffic generated by use as a school.
(f) The community benefits from having the children's
playground on the site and the pedestrian walkway
between Ventura Street and Gilbert Street available and
maintained.
2. That no one spoke in opposition to the application at
the City Council hearing and no correspondence was received in
opposition to the subject application. The testimony and
evidence presented at the Planning Commission hearing was
incorporated into the record of the City Council hearing and
considered by the City Council in its decision.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the
Anaheim City Council has reviewed the application and does hereby
find that the Negative Declaration previously approved in
connection with Conditional Use Permit No. 1897 is adequate to
serve as the required environmental documentation in connection
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with this application upon finding that the Declaration reflects
the independent judgement of the lead agency and that it has
considered the previously approved Negative Declaration together
with any comments received during the public review process, and
restates the findings set forth above, and further finds on the
basis of the initial study and the comments and evidence received
that there is no substantial evidence that the project will have
a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Council
does hereby amend the conditions of approval of Resolution No.
78R-749, in their entirety, to read as follows:
1. That the approved use shall consist of a multiple-purpose
facility for football practice and training, and corporate
team offices.
2. That the parking lot shall contain a minimum of one hundred
(100) parking spaces.
3. That no tickets to football games shall be sold to the
general public at subject property.
4. That the children's playground (at the northeast corner of
subject property) and the existing fenced pedestrian walkway
(crossing subject property and providing access between
Ventura Street to the east and Gilbert Street to the west)
shall be well maintained.
5. That no public "football clinics" shall be conducted on the
subject property unless approved and/or requested by the
City of Anaheim.
6. That a "tower" or other similar permanent structure shall
not be utilized for filming outdoor practice sessions. A
hydraulic lift or other temporary device may be utilized.
7. That football practice sessions and team meetings shall take
place a maximum of six (6) days a week.
8. That there shall be no outdoor nighttime activities on the
property unless approved and/or requested by the city of
Anaheim. "Nighttime" shall be defined as one-half hour
after sunset to one-half hour after sunrise.
9. That subject property shall be developed substantially in
accordance with the site plan on file with the Planning
Department labeled Exhibit No. 1.
10. That subject use permit is hereby granted for a period of
five (5) years, to expire on April 1, 2001.
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11. That any future professional football team tenant on subject
property shall negotiate, in good faith, with the owner of
the commercial property to the south for a vehicular access
easement across said adjacent property (2301, 2323 and 2331
West Lincoln Avenue) from subject property to Lincoln
Avenue. If an easement or other vehicular access agreement
is obtained, the tenant shall submit a copy of said document
to the Planning Department. Alternatively, if an easement
or agreement cannot reasonably be obtained, the tenant
shall so-advise the Planning Department in writing.
12. 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.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 26th day of March, 1996.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
0018537.01
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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. 96R-46 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 26th day of Mamh, 1996, by the following vote of the members
thereof:
AYES: MAYOR/COUNCIL: Tait, Zemel, Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL: None
ABSENT: MAYOR/COUNCIL: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 96R-46
on the 26th day of March, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 26th day of March, 1996.
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original of Resolution No. 96R-46 was duly passed and adopted by the City Council of the City of
Anaheim on this March 26th, 1996.
CITY CLERK OF THE CITY OF ANAHEIM