99-215RESOLUTION NO. 99R-215
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING
CONDITIONAL USE PERMIT NO. 4145.
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
to permit a day care center with a maximum enrollment of 84
children on certain real property situated in the City of Anaheim,
County of Orange, State of California, described as:
LOT 130 OF TRACT 4181, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 156, PAGES 21, 22 AND 23,
MISCELLANEOUS MAPS, IN 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. PC99-157 denying Conditional
Use Permit No. 4145; 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 applicant failed to appear at the public
hearing and failed to present any evidence upon which said
conditional use permit could be granted; 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 the following reasons:
1. That the proposed use will not adversely affect the
adjoining land uses and the growth nor development of the area in
which it is proposed to be located; and
2. That the size and shape of the site proposed for the use
is not 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; and
3. That the granting of the conditional use permit would be
detrimental to the peace, health, safety, and general welfare of
the citizens of the City of Anaheim; and
WHEREAS, said application requests a waiver of the
following provision(s) of the Anaheim Municipal Code:
Sections 18.04,042.020
and 18.44,063
Minimum setback for institutional
uses adjacent to residential zones.
(15 feet required from adjacent RS-
7200 zoning to the north and east;
none proposed)
Sections 18.06.050.020.022
18.06.050.020,022.0225
18.06,050.020.026.0264
18.06,080
Minimum number of parking spaces.
(85 spaces required; 77 spaces
existing and approved by the
City Traffic and Transportation
Manager)
AND WHEREAS, the City Council does further find, after
careful consideration of the action of the 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 18.06.080 of the Anaheim Municipal
Code are not present, and that the aforesaid waiver(s) should be
denied, for the following reasons:
1. That the applicant failed to present any evidence that
the variance(s) will not cause an increase in traffic congestion
in the immediate vicinity nor adversely affect adjoining land
uses; and
2. That the applicant failed to present any evidence that
the granting of the variance(s) will not be detrimental to the
peace, health, safety or general welfare of the citizens of the
City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated, that
the request of the applicant to permit to permit a day care center
with a maximum enrollment of 84 children with a waiver of certain
provisions of the Anaheim Municipal Code be, and the same is
hereby, denied.
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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.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 19th day of October,
1999.
MAO/ROF THE~EIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
32978.1
-3-
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-215 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 19th day of October, 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-
215 on the 19th day of October, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 19th day of October, 1999.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 99R-215 was duly passed and adopted by the City Council of the
City of Ariahelm on October 19th, 1999.
CI~HE~CI~M