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84R-316 r --., RESOLUTION NO. 84R-316 A RESOLUTIPN.. OF THE CITY COUNCIL OF THE CITY OF ANAHEIMIDENYING CONDITIONAL USE PERMIT NO. 2574. : [~ WHEREAS, t e City Planning Commission of the City of Anaheim did receive application for a conditional use permit with a waiver of cer ain provisions of the Anaheim Municipal Code from CARLOS R. CONAN and LEONOR CONANT, owners, to permit a child day care cente for a maximum of twelve (12) children with a waiver of certain sitions of the Anaheim Municipal Code on certain real propert situated in the City of Anaheim, County of Orange, State of Cal'fornia, described as: LOT 66 OF TRACT~2288 AS PER MAP RECORDED IN BOOK 69 PAGES 26-28 INC USIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE C UNTY RECORDER OF SAID COUNTY. , j WHEREAS, t hearing upon said a Anaheim, notices of required by law and the Anaheim Municipa .e City Planning Commission did hold a public 1ication at the City Hall in the City of ich public hearing were duly given as he provisions of Title 18, Chapter 18.03 of Code; and WHEREAS, $.. id Commission, after due inspection, investigation and st . ies made by itself and in its behalf and after due considerat'.on of all evidence and reports offered at said hearing, did ad pt its Resolution No. PC 84-98, granting Conditional Use Per 't No. 2574; and WHEREAS, t~ereafter, within the time prescribed by law, an interested party r the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public heari g; and , ~~ WHEREAS, ~' the time and place fixed for said public hearing, the City C ncil did hold and conduct such public hearing and did giv all persons interested therein an opportunity to be h rd and did receive evidence and reports, and did consider the sa ; and WHEREAS, ~e City Council does find, after careful consideration of thaction of the City Planning Commission and all evidence and re . rts offered at said public hearing before the City Council, t t all of the conditions and criteria set forth in Section 18. 3.030.030 of the Anaheim Municipal Code are not present for the Ifollowing reasons: I"" ~\ 1. That the PrOPosed use will adversely affect the adjoining land uses nd the growth and development of the area in which it is proposed to be located; and ,~, ;1 2. That the S!,ze and shape of the site proposed for the use is not adequate 0 allow the full development of the proposed use in a manner not etrimental to the particular area nor to the peace, health, safet , and general welfare; and ~ 3. That the g~anting of the conditional use permit would be detrimental to th peace, health, safety, and general welfare of the citizens of t e City of Anaheim; and ! WHEREAS, sfid application requests a waiver of the following proVisiOn(r) of the Anaheim Municipal Code: SECTIONS 18.06. 50.0268 - Required loading and 6. unloading area for children (on-site required; off-site proposed) AND WHEREA careful consideratio and all evidence and before the City Coun all of the condition Anaheim Municipal Co waiver(s) should be , the City Council does further find, after of the action of the Planning Commission reports offered at said public hearing il regarding said requested waiver(s), that set forth in Section 18.06.080 of the e are not present, and that the aforesaid enied, for the following reasons: 1. That the v~riance(s) will cause an increase in traffic congestion in the im~ediate vicinity and adversely affect adjoining land useS;1 and I , 2. That the g~anting of the variance(s) will be detrimental to the p ace, health, safety or general welfare of the citizens of the ity of Anaheim. NOW, THERE RE, BE IT RESOLVED by the City Council of the City of Anaheim hat, for the reasons hereinabove stated, the action of the City Panning Commission granting said conditional use permit be, and t e same is hereby, reversed and that the request of the appli ant to permit a child day care center for a maximum of twelve (1 ) children with a waiver of certain provisions of the An heim Municipal Code be, and the same is hereby, denied. ~. BE IT FURTe' R RESOLVED that, pursuant to City Council Resolution No. 79R-5 4, the time within which judicial review of the aforesaid decisi n must be sought is governed by the provisions of Sectiop 1094.6 of the Code of Civil Procedure. -2- r' ~ City THE FOREG~NG RESOLUTION is approved and adopted by the Council of the ~ity of Anaheim this 14th day of August, 1984. ~4,~ MAYOR OF THE CITY OF ANAHEIM ,..-.,." ATTEST: CI(~~OF1 ~EIM f~ 1969U 12/11/84 -3- 1 ~ - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEalORA N. SOHL, City C1e k of the City of Anaheim, do hereby certify that the foregoing Resolution Ho. 84R-3l6 was introduced and adopted at a regular meeting provided by law, of he City Council of the City of Anaheim held on the 14th day of August, 1984 by the following vote of the members thereof: " NOES: I COUNCIL MEMBERS: I Bay, Overholt and Roth COUNCIL MEMBERS: I Kaywood and Pickler 1 AYES: ABSENT: COUNCIL MEMBERS: i None { AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 84R-316 on tht 14th day of August, 1984. IN WITNESS WHEREOF, I have h,reunto set my hand and affixed the seal of the City of Anaheim this 14th dat of August, 1984. ~ ~A- ~~~ CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEOIORA N. SOHL, City cletk of the City of Anaheim, do hereby certify the fo~egoing is the origina of Resolution No. 84R-316 duly passed and adopted by the Anaheim City ounci1 on August 14, 1984. that L., '/tS;~ CITY CLERK ) /