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97-070RESOLUTION NO.97R -70 A RESOLUTION OF THE CITY COUNCIL OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT NO. 3726 AND AMENDING RESOLUTION NO. PC94 -147. WHEREAS, the Planning Commission of the City of Anaheim heretofore adopted Resolution No. PC94 -147 approving Conditional Use Permit No. 3726, subject to certain conditions specified therein; and WHEREAS, the permittee has now requested an amendment to certain of said conditions of approval; and WHEREAS, following a duly noticed public hearing, the Planning Commission adopted its Resolution No. PC97 -26, on March 17, 1997, approving an amendment to certain conditions of Conditional Use Permit No. 3726, which decision was subsequently appealed or requested for review by the City Council; and WHEREAS, the City Council held a duly noticed public hearing on May 20, 1997, 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. 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. 3726 be, and the same are hereby, amended by: (a) the amendment of Conditions Nos. 5 and 6 as set forth in Resolution PC94 -147 to read as follows: "5. The 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. 1 of Exhibit No. 1 and Exhibit Nos. 2 and 3." 6. That the school enrollment shall not exceed six hundred fifty (650) students at 5310 East La Palma Avenue, provided that said maximum permitted school enrollment shall resort to 450 students effective as of June 20, 2002." (b) The addition of new Conditions Nos. 10, 11, 12 and 1 13 to Conditional Use Permit No. 3726 to read as follows: "10. That prior to commencement of use of the proposed playground, a fence enclosure of the playground shall be constructed of wrought iron wherever the fence is visible from La Palma Avenue; and that the remainder of the fence may be constructed of chain link. 11. That within a period of sixty (60) days from the date of this resolution, the proposed parking spaces along Cambridge Circle (a private street) shall be striped to match Revision No. 1 to Exhibit No. 1. 12. That within a period of sixty (60) days from the date of this resolution, a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division, for review and approval. 13. That the applicant shall submit a signed statement, approved by the City Attorney's Office, acknowledging that industrial uses are permitted, and may be located immediately adjacent to subject use. The statement shall indicate the permitted primary uses and conditionally permitted uses specified by Specific Plan No. 94 -1 for Development Area 2, and shall acknowledge that the uses may be subject to change by Specific Plan Adjustment without further notice to the subject property owner. Said signed statement need not be a recorded document." BE IT FURTHER RESOLVED that, except as expressly amended herein, Resolution No. PC94 -147 shall remain in full force and effect. BE IT FURTHER RESOLVED that the amendment to Conditions Nos. 5 and 6 and the addition of new Conditions Nos. 10, and 11 as approved by this Resolution shall terminate and expire on June 20, 2002, and the conditions of approval of this Conditional Use Permit No. 3726 shall be solely as set forth in Resolution No. PC94 -147 unless such conditions are hereinafter amended. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 20th day of May, 1997. MAYOR OF E CITY F ANAHEIM TEST //1 CITY CLERK OF TH /CITY OF ANAHEIM j1w0023157.01 2 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. 97R -70 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 20th day of May, 1997, by the following vote of the members thereof: AYES: MAYOR /COUNCIL MEMBERS: McCracken, Lopez, Daly NOES: MAYOR /COUNCIL MEMBERS: Tait, Zemel ABSENT: MAYOR /COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 97R -70 on the 20th day of May, 1997. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 20th day of May, 1997. (SEAL) 6 orsett ?it alci CITY CLERK OF THE CITY OF ANAHEIM I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 97R -70 was duly passed and adopted by the City Council of the City of Anaheim on May 20, 1997. 0.4 CITY CLERK OF THE CITY OF ANAHEIM