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99-178RESOLUTION NO. 99R-178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RESCINDING RESOLUTION NO. 98R-138 WHICH AMENDED CERTAIN CONDITIONS OF APPROVAL OF CONDITIONAL USE PERMIT NO. 3662 AS ADOPTED BY RESOLUTION NO. PC94-41 AND AS AMENDED BY RESOLUTION NO. PC94-103. WHEREAS, on March 21, 1994, the Planning Commission of the City of Anaheim adopted its Resolution No. PC94-41 approving Conditional Use Permit No. 3662 ("CUP 3662") to authorize and permit a three-unit, two story, commercial complex consisting of a commercial office building, a 4,416 square foot private educational facility (pre-school to third grade), and a 4,372 square foot church, on three parcels of property, with a waiver of minimum landscaped setback adjacent to a residential zone boundary; and WHEREAS, the petitioner subsequently submitted a revised site plan (Revision No. 1 of Exhibit No. 1) and, on August 8, 1994, the Planning Commission adopted its Resolution No. PC94-103 amending said CUP 3662, and amended and restated the conditions of approval as theretofore set forth in Resolution No. PC94-41, to permit a three-unit, two-story, 18,048 square foot commercial complex consisting of an 8,240 square foot office, a 5,392 square foot church, and a 4,416 square foot private school (pre-school to third grade), with waivers of maximum fence height, minimum setback of institutional uses adjacent to a residential zone boundary and minimum structural setback abutting a Scenic Expressway; and WHEREAS, the petitioner subsequently submitted, and obtained City approval of, modified plans to increase the church square footage to 7,232 square feet, to reduce the office building to 5,490 square feet, and to reduce the number of off- street parking spaces from 82 to 79; and WHEREAS, on April 13, 1998, the Planning Commission did hold a public hearing to hear and consider evidence relating to the possible modification or revocation of CUP 3662 and, after hearing and considering all evidence presented, did adopt its Resolution No. PC98-56 modifying CUP 3662 by amending the conditions of approval of CUP 3662 as theretofore adopted by Resolution No. PC94-41, and amended and restated by Resolution No. PC94-103; and WHEREAS, thereafter, within the time permitted by law and in accordance with the appeal and review procedures set forth in Section 18.03,080 et seq. of the Anaheim Municipal Code, the requisite number of City Council members caused the review of the aforesaid decision of the Planning Commission at a duly noticed public hearing thereby vacating the decision of the Planning Commission contained in Resolution No. PC98-56; and WHEREAS, on June 23, 1998, following a duly noticed and conducted public hearing, the City Council of the City of Anaheim adopted its Resolution No. 98R-138 amending the conditions of approval as set forth in Resolution No. PC94-41, as amended by Resolution No. PC94-103, relating to Conditional Use Permit No. 3662; and WHEREAS, on August 5, 1998, an action was filed in Orange County Superior Court entitled J.G.D. Company, Inc., Mahinda Jayaratne, M.D., and Chintha Jayaratne v. City of Anaheim, Case No. 797804 challenging the decision of the City Council as set forth in Resolution No. 98R-138 as applied to the office site and school site; and WHEREAS, on February 19, 1999, the Orange County Superior Court issued a peremptory writ of administrative mandamus, ordering the City to rescind Resolution No. 98R-138; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: entirety. Resolution No. 98R-138 is hereby rescinded in its 2. Resolution No. PC94-41, as amended by Resolution No. PC94-103, shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 17th day of August 1999. MAYO/R~~OF THE~HEIM ATTEST: C~FT~HE~NAHEIM 31536.2 2 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 99R-178 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 17th day of August, 1999, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No.99R- 178 on the 17th day of August, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 17th day of August, 1999. 'CITY CLERK ~HEIM (SEAL) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 99R-178 was duly passed and adopted by the City Council of the City of Ariahelm on August 17th, 1999. ,'z-z.¢'?'. CITY CLERKT:::)F THE~HEIM