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99-132RESOLUTION N0. 99R-132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT N0. 4112. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit to permit a private school within an existing industrial complex on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL A: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 141, PAGES 25 AND 27 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL B: PARCEL 1, IN THE CITY STATE OF CALIFORNIA, 49 OF PARCEL MAPS IN OF SAID COUNTY. OF ANAHEIM, COUNTY OF ORANGE, AS PER MAPS FIELD IN BOOK 26, PAGE THE OFFICE OF THE COUNTY RECORDER PARCEL C: PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 26, PAGE 49 OF PARCEL MAPS 1 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. PC99-75 granting Conditional Use Permit No. 4112; 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 hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports, and did consider the same; and WHEREAS, the City Council does 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, that all of the conditions and criteria set forth in Section 18.03.030.030 of the Anaheim Municipal Code are not present for each of the following reasons: 1. That the close proximity of industrial land uses to a private school integrated in the same complex may have an adverse affect on the growth and development of the area in which it is proposed to be located. 2. That the site is not adequate to allow the full development of this use together with permitted and conditionally-permitted industrial uses in the ML Zone, and in a manner which is not detrimental to the area or general population. 3. That the property does not safely provide adequate ingress/egress from public streets and on-site vehicular circulation for the combined uses on the property. 4. That the Community Development Department does not recommend approval of a private school use located within an existing industrial complex based on a conflict with the goals of the Redevelopment Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that said conditional use permit be, and the same is hereby, denied for the reasons hereinabove specified, and that the request of said applicant to permit a private school within an existing industrial complex on the hereinabove described real property be, and the same is hereby, denied. BE IT FURTHER RESOLVED that the time within which rehearings must be sought is governed by the provisions of Section 1.12.100 of the Anaheim Municipal Code and the time within which judicial review of final decisions must be sought is governed by the provisions of Section 1094.6 of the Code of Civil Procedure and Anaheim City Council Resolution No. 79R-524. -2- THE FOREGOING RESOLUTION is approved and adopted by the ~~ City Council of the City of Anaheim this 15 day of June, 1999. MAY R OF T E CITY O ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 31372.1 -3- 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. 99R-132 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 15th day of June 1999, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: Kring, Tait ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 99R-132 on the 15th day of June, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 15th day of June, 1999. ~~ 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. 99R-132 was duly passed and adopted by the City Council of the City of Anaheim on June 15th, 1999. CITY CLERK OF THE CITY OF ANAHEIM