87-411RESOLUTION NO. 87R-411
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2929.
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 CHEZ GRAND'MERE, 1239 N. Harbor Boulevard, Anaheim, CA
92801, owner, upon certain real property located within the City
of Anaheim, County of Orange, State of California, legally
described as:
THE NORTH 100 FEET OF THE SOUTH 552 FEET OF THAT
PORTION OF LOT 6, MILES RANCHO, AS SHOWN ON A MAP
THEREOF RECORDED IN BOOK 4, PAGE 7 of MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE BEST LINE OF
SPADRA ROAD, AS ROAD EXISTED ON APRIL 29, 1929, WITH
THE CENTER LINE OF ROMNEYA DRIVE; RUNNING THENCE
NORTHERLY, ALONG SAID WEST LINE OF SPADRA ROAD 712
FEET; THENCE WESTERLY, PARALLEL WITH THE NORTH LINE OF
SAID LOT, 150 FEET; THENCE SOUTHERLY, PARALLEL WITH
SAID WEST LINE OF SPADRA ROAD, 712 FEET, MORE OR LESS,
TO SAID CENTER LINE OF ROMNEYA DRIVE, THENCE EASTERLY,
ALONG SAID CENTER LINE OF ROMNEYA DRIVE, 150 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 18.05 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 ali evidence and reports offered at
said hearing, did adopt its Resolution No. PC87-142 granting
Conditional Use Permit No. 2929; 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 ail 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.
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 all 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 the
property, including size, shape, topography, location or
surroundings, which do not apply to other property under
identical zoning classification in the vicinity.
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 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 said conditional
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use permit be, and the same is hereby, affirmed and that
Conditional Use Permit No. 2929 be, and the same is hereby,
granted permitting expansion of a private pre-school and daycare
center for a maximum of 48 students on the hereinabove described
real property with a waiver of the following provisions of the
Anaheim Municipal Code:
SECTIONS 18.06.050.0268 - Minimum number of parking
18.06.080 spaces. (7 required; 5 existing)
AND 18.45.066.050
SECTIONS 18.06.050.0268 - Required loading and unloading
AND 18.45.066 area. (on-site vehicle loading
unloading area required; off-site
vehicle loading and unloading
area existing)
subject to the following conditions:
1. That prior to issuance of a building permit, the
appropriate traffic signal assessment fee shall be paid to the City
of Anaheim in an amount as determined by the City Council.
2. That the maximum number of students on site at any one
time shall not exceed 84 children.
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 ?lan No. 402 and shall be subject to the review
and approval of the City Traffic Engineer.
4. That drainage of subject property shall be disposed of in
a manner satisfactory to the City Engineer.
5. That the new construction authorized by this resolution
shall be served by underground utilities.
6. That any lockable pedestrian and vehicular access gates
shall be equipped with a "knox box" if required by the City Fire
Marshall.
7. That trash storage areas shall be provided and maintained
in accordance with approved plans on file with the Street
Maintenance and Sanitation Division.
8. That all air conditioning facilities and other roof and
ground mounted equipment shall be properly shielded from view, and
the sound buffered from adjacent residential properties.
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9. That the existing structure shall comply with the minimum
standards of the City of Anaheim, including the Uniform Building,
Plumbing, Electrical, Mechanical and Fire Codes as adopted by the
City of Anaheim.
10. That the proposal shall comply with all signing
requirements of the CL Zone, unless a variance allowing sign
waivers is approved by the City Council, Planning Commission or
Zoning Administrator.
11. That subject property shall be developed substantially in
accordance with plans and specifications on file with the City of
Anaheim marked Exhibit Nos. 1 through 3.
12. That this conditional use permit (permitting a maximum of
eight-four [84] students) shall become null and void sixty (60)
days after the City of Anaheim accepts the irrevocable offer of
dedication along Harbor Boulevard made in connection with
Conditional Use Permit No. 2719, previously approved.
13. That prior to the commencement of the activity authorized
under this resolution, or prior to issuance of a building permit,
or within a period of one year from the date of this resolution,
whichever occurs first, Condition No. 1, 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.
14. That prior to final building and zoning inspections,
Condition Nos. 4, 5, 7, 8, 9, and 11, above-mentioned, shall be
complied with.
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 13~?y ~O~ctober, 1987.
MAYOR OF THE CITY OF ANAHEIM
CITY-CLERK OF THE CITY OF ANAHEIm'
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110287
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CLERK
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. 87R-411 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 13th day of October, 1987, by the following vote of the members thereof:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter and Kaywood
Pickler and Bay
None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 87R-411 on the 13th day of October, 1987.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 13th day of October, 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-411 duly passed and
adopted by the Anaheim City Council on October 13, 1987.
CITY CLERK OF THE CITY OF ANAHEIM