87-349RESOLUTION NO. 87R-349
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2910.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from ASMAIL RASTE GARI) ET AL, 1108 N. Acacia Street, Anaheim,
California 92805, owner, upon certain real property located within
the City of Anaheim, County of Orange, State of California,
legally described as:
THAT PORTION OF LOT 22 OF THE GOLDEN STATE TRACT NO.
2, IN THE CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK
4, PAGE 68 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WEST LINE OF SAID LOT 22,
SAID LINE BEING CONSIDERED AS ALONG THE CENTER LINE OF
ACACIA STREET AND LOCATED 526.21 FEET SOUTH OF THE
NORTHWEST CORNER OF SAID LOT 22, SAID POINT BEING THE
SOUTHWEST CORNER OF THE NORTH 8 ACRES OF SAID LOT 22;
RUNNING FROM SAID POINT OF BEGINNING EAST 281.85 FEET
ALONG A LINE PARALLEL TO THE NORTH LINE OF SAID LOT
22; THENCE SOUTH 62.64 FEET ALONG A LINE PARALLEL TO
THE SAID WEST LINE OF LOT 22; THENCE WEST 281.84 FEET
PARALLEL TO SAID NORTH LINE TO A POINT IN THE SAID
WEST LINE; THENCE NORTH 62.64 FEET TO THE POINT OF
BEGINNING; 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 ail evidence and reports offered at
said hearing, did adopt its Resolution No. PC87-125 denying
Conditional Use Permit No. 2910; 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 consi-
deration 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 adjoin-
ing 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.
NO~, IHEREFORE, 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 denying said conditional
use permit be, and the same is hereby, reversed and that
Conditional Use Permit No. 2910 be, and the same is hereby,
granted permitting a child day-care facility for a maximum of 24
children on the hereinabove described real property, subject to
the following conditions:
1. That the owner of subject property shall irrevocably
offer to dedicate to the City of Anaheim a strip of land 45 feet
in width from the centerline of the street along Acacia Street
for street widening purposes.
2. That the owner/developer of subject property shall make
a cash payment to the City of Anaheim for the cost of the removal
of existing street improvements along Acacia Street and
reconstruction/construction of full street improvements at the
ultimate location. Said payment shall be made prior to
commencement of the activity ;authorized by this resolution.
3. That the maximum day-care enrollment shall not exceed
24 children.
4. That the owner of subject property shall pay to the
City of Anaheim a fee for tree planting purposes along Acacia
Street in an amount as determined by the City Council.
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5. That gates shall not be installed across the driveway
in a manner which may adversely affect vehicular traffic in the
adjacent public street. Installation of any gates shall conform
to Engineering Standard Plan No. 402 and shall be subject to the
review and approval of the City Traffic Engineer.
6. That trash storage areas shall be provided and
maintained in accordance with approved plans on file with the
Street Maintenance and Sanitation Division.
7. That plans shall be submitted to the Building Division
showing compliance with the minimum standards of the City of
Anaheim, including the Uniform Building, Plumbing, Electrical,
Housing, Mechanical and Fire Codes as adopted by the City of
Anaheim. The appropriate permits shall be obtained for any
necessary work.
8. That subject property shall be developed substantially
in accordance with plans and specifications on file with the City
of Anaheim marked Revision No. 1 of Exhibit No. 1.
9. That prior to the commencement of the activity
authorized under this resolution, or within a period of one year
from the date of this resolution, whichever occurs first,
Condition Nos. 1, 2, 4, 6, 7 and 8, above-mentioned, shall be
complied with. Extensions for further time to complete said
conditions may be granted in accordance with Section 18.03.090 of
the Anaheim Municipal Code.
10. That this conditional use permit shall become null and
void 60 days after the City of Anaheim accepts the irrevocable
offer of dedication along Acacia Street (as required in Condition
No. 1 herein).
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
ail 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 llth day of August, 1987.
MAYOR OF THE ANAHEIM
ATTEST: f-~
CITY ~CLERK OF THE CITY OF ANAHEIM
BG: fm
1995L/090887
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CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CI1Y OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 87R-349 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the llth day of August, 1987, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Ehrle, Hunter, Pickler, Kaywood and Bay
NOES: COUNCIL MEMBERS: None
ABSENT:
COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 87R-349 on the llth day of August, 1987.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this ilth day of August, 1987.
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. 87R-349 duly passed and
adopted by the Anaheim City Council on August 11, 1987.
CITY CLERK OF THE CITY OF ANAHEIM