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98-010 RESOLUTION NO. 98R-IO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3984. 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 6,876 sq. ft. private school within a 19,858 sq. ft. commercial retail center upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: LOT 130 OF TRACT 4181, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 156, PAGES 21, 22 AND 23, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; and 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. PC-97-169 denying Conditional Use Permit No. 3984; 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. WHEREAS, the City Council does further find with regard to the hereinafter specified proposed waiver(s) of Anaheim Municipal Code requirements, other than the proposed waiver of off-street parking requirements, as follows: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinitYi and 2. That, because of special circumstances shown in (1) above, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinitYi and WHEREAS, the City Council does further find and determine with regard to the proposed waiver of certain off-street parking requirements that: 1. The variance will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect the adjoining land useSi and 2. The granting of the variance 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 Conditional Use Permit No. 3984 be, and the same is hereby, granted permitting a 6,876 sq. ft. private school within a 19,858 sq. ft. commercial retail center on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: Sections 18.04.042.020 - Minimum setback of institutional uses adlacent to a residential zone boundarv. and 18.44.062.011 (20-foot structural setback required for a 10-foot high commercial building and 15- foot full v-landscaped setback required; outdoor plav area proposed in existing 20-foot wide setback) - 2 - Sections 18.06.050.022 18.06.050.0225 18.06.050.0267 18.06.080 and 18.44.066.050 - Minimum number of parkinq spaces. (89 required; 73 existing) subject to the following conditions: 1. That subject facility shall be limited to the enrollment of 125 children and 7 staff members. 2. That the on-site landscaping and irrigation system shall be refurbished and/or maintained in compliance with City standards. 3. That a letter requesting termination of Conditional Use Permit No. 3905 (to permit a child day care facility with waiver of minimum setback of institutional uses adjacent to a residential zone boundary) and Conditional Use Permit No. 1758 (to permit on- premises sale and consumption of beer and wine) shall be submitted to the Zoning Division within thirty (30) days of this resolution. 4. That the outdoor play areas shall not be utilized for the use of children prior to 9 a.m. or after 5:30 p.m. and shall not be used by more than 10 children at anyone time. 5. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the latest revision of Engineering Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations. The property shall thereupon be developed and maintained in conformance with said plans. 6. That on-site loading and unloading spaces shall be provided, acceptable to the City Traffic and Transportation Manager. 7. That any graffiti shall be removed within 24 hours of its application. 8. That all block walls within the area of the subject use, including trash enclosure walls, shall be planted with minimum 1- gallon size vines planted on maximum 5-foot centers to prevent graffiti opportunities. 9. That gates shall be provided for emergency exit from all fenced areas. 10. That this permit shall expire, and the private school use authorized hereunder shall be terminated, on July 1, 1999. 11. That there shall be no meetings or group activities conducted within the school facility later than 9 p.m. - 3 - 12. That all applicable building permits for the unpermitted tenant improvements shall be obtained within thirty (30) days of the date of this resolution. 13. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner, on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 14. That within thirty (30) days from the date of 'this resolution, Condition No.3, 5, 6 and 11, above-mentioned, shall be complied with. 15. That prior to final building and zoning inspections, whichever occurs first, Condition Nos. 2, 8, 9 and 13, above-mentioned, shall be complied with. 16. 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 at 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 13th day of January, 1998. MAYO A2: ~71~ CITY CLERK OF THE CI OF ANAHEIM 0025549.01 - 4 - 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. 98R-10 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 13th day of January, 1998, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 98R-10 on the 13th day of January, 1998. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 13th day of January, 1998. ~11~ CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 98R-10 was duly passed and adopted by the City Council of the City of Anaheim on January 13th, 1998. e_/1 ~ CITY CLERK OF THE CITY OF ANAHEIM