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87-020RESOLUTION NO. 87R-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2866. 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 from LINCOLN SAVINGS & LOAN, 18200 Von Karman, #1100, Irvine, California 92715, owner, and LA PETITE ACADEMY, 8840 Complex Drive, Suite 100, San Diego, California 92123, agent, upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 6, IN THE CITY OF ANAHEIM, AS SHOWN ON A PARCEL MAP RECORDED IN BOOK 63, PAGE(S) 5, OF PARCEL 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 Hail 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 ail evidence and reports offered at said hearing, did adopt its Resolution No. PC86-310 granting, part, Conditional Use Permit No. 2866; and in 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 ail persons interested therein an opportunity to be heard and did receive evidence and reports; and WIIEREAS, the City Council finds, after careful consi- deration of the recommendations of the City Planning Commission and ali 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 which it is proposed to be located. area in 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 ali of the conditions set forth in Section 18.03.040 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: 1. That there are special circumstances applicable to property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity. the 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 ~n the vicinity. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, the action of the City Planning Commission granting, in part, said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 2866 be, and the same is hereby, granted permitting a child day care center on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTION 18.05.091.020 AND 18.84.062.040 - Maximum number of wall signs. (1 wall sign permitted; 2 wall signs proposed) subject to the following conditions: 1. That prior to issuance of a building permit, or commencement of the activity herein approved, whichever occurs first, the appropriate major thoroughfare and bridge fee shall be paid to the City of Anaheim in an amount as specified in the Major Thoroughfare and Bridge Fee Program for the Foothill/Eastern Transportation Corridor, as approved by City Council Resolution No. 85R-423. -2- 2. That prior to issuance of a building permit, or commencement of the activity herein approved, whichever occurs first, the appropriate traffic signal assessment fee shall be paid to the City o£ Anaheim in an amount as determined by the City Council. 3. That owner/applicant shall reconstruct the existing driveway on Canyon Rim Road to a configuration as approved by the City Traffic Engineer. 4. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. i through 5; provided, however, that the mulched-in infant playgound area shall be located within twenty-eight (28) feet of the east wall of the existing building so as not to encroach into the existing six (6) foot wide landscaped area along the easterly side of the property. 5. That prior to final building and zoning inspections, Condition Nos. 3 and 4, above-mentioned, shall be complied with. 6. That on-site signage shall be non-illuminated. 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 27th day of January, 1987. MAYOR OF T NAHEIM ATT~ , ~ CITY CLERK OF THE CITY OF ANAHEIM BG:fm 1719L 032087 -3- CLERK STATE OF CAJglFORNIA ) 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. 87R-20 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 27th day of January, 1987, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None VACANCY: COUNCIL MEMBERS: One AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 87R-2D on the 27th day of January, 1987. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 27th day of January, 1987. CITY CLERK OF THE CITY (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 87R- 20 duly passed and adopted by the Anaheim City Council on January 27, 1987. CITY CLERK OF THE CITY OF ANAREIM