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90-439 RESOLUTION NO. 90R-439 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3348. WHEREAS, the Zoning Administrator 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 child day care center for a maximum of 64 children upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 1: The West 80 feet of the following: That portion of the West half of the Southeast quarter of the Southeast quarter of Section 7, Township 4 South, Range 10 West, in the Rancho Los Coyotes, in the City of Anaheim, as shown on a map recorded in book 51, page 10 of Miscellaneous Maps, records of Orange County, California, described as follows: Beginning at a point on the West line of said West half of the Southeast quarter of the Southeast quarter of the Southeast quarter of Section 7, distant along said West line North 0° 16' 57" West 40 feet from the Southwest corner of said West half; thence parallel with the South line of said West half, North 89° 01' 59" East 222.78 feet; thence North 0~ 58' 01" West 7.00 feet to the beginning of a curve concave Northwesterly and having a radius of 25 feet, a radial line to said curve bears South 0~ 58' 01" East; thence along said curve Northeasterly, through a central angle of 89~ 18' 56" an arc distance of 38.97 feet; thence tangent to said curve, North 0~ 16' 57" West 194.29 feet; thence South 89° 01' 59" West 247.40 feet to said West line; thence along said West line, South 0~ 16' 57" East 226.00 feet to the point of beginning. PARCEL 2: An easement and right to, construct, use, maintain, alter, add to, repair, replace, and/or remove a water line for conveying water as granted to Butler-Harbour Construction Co., GRNTG CUP ~3348 a corporation, by Deed recorded September 11, 1957 in book 4033, page 3, Official Records, over the Westerly 4 feet of Lot 58 of Tract No. 2625, as shown on a map recorded in book 94, pages 9 to 11 inclusive, Miscellaneous Maps, records of said Orange County, California; and WHEREAS, the Zoning Administrator 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 Zoning Administrator, 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 her Decision No. ZA90-107 granting Conditional Use Permit No. 3348; 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 Zoning Administrator 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 consideration of the recommendations of the City Planning Commission and all 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. GRNTG CUP #3348 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 circumstanoes 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, that Conditional Use Permit No. 3348 be, and the same is hereby, granted permitting a child care center for a maximum of 64 children on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: Sections 18.12.060.030 - Maximum structural height. and 18.44.062.011 (2 feet 6 inches permitted 5 feet from RS-7200 zoning; 9 feet existing) Sections 18.12.060.030 - Required yard setback. and 18.44.063.040 (minimum $0 feet required from RS-7200 zoning; § feet existing) subject to the following conditions: 1. That prior to issuance of a builiding permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as established by City Council resolution. 2. That plans shall be submitted to the City Traffic Engineer for his review and approval showing conformance with the latest revision of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards. Subject property shall thereupon be developed and maintained in conformance with said plans. 3. That all parking spaces in front of the building shall be designated "loading/unloading only". 4. That the landscaping in the thirteen (13) foot wide landscaped island between the two (2) driveways shall be refurbished/ GRTNG CUP #3348 - 3 - trimmed in accordance with Engineering Standard Plan 137 pertaining to lines-of-sight. 5. That no drop-off area shall be permitted on Lincoln Avenue and that all drop-offs and pick-ups shall take place on subject property. 6. That all four (4) employees shall park on the adjacent parcel to the east of subject property; and that an unsubordinated reciprocal access and parking agreement (including off-site trash collection if approved by the Streets and Sanitation Division), in a form satisfactory to the City Attorney, shall be recorded with the office of the Orange County Recorder. Said agreement may be tied to subject conditional use permit and may terminate if and when subject conditional use permit is terminated by the City of Anaheim. A copy of the recorded agreement shall then be submitted to the Zoning Division. 7. That fire sprinklers shall be installed in accordance with Fire Department standards, if required by the Fire Department. 8. That a local fire alarm system shall be provided as required by the Fire Department. 9. That, as required by the Utilities General Manager, either: (a) Street lighting facilities along Lincoln Avenue shall be installed as required by the utiities General Manager in accordance with specifications on file in the office of the Utilities General Manager. The above-required improvements shall be installed prior to commencement of the activity herein approved. OR (b) A fee for street lighting purposes shall be paid to the City of Anaheim based on the length of street frontage along Lincoln Avenue in an amount as established by City Council resolution. 10. That subject property shall be served by underground utilities, if required by the Electrical Engineering Division. 11. That trash storage areas shall be provided and maintained in a location acceptable to the Street Maintenance and Sanitation Division and in accordance with approved plans on file with said division. 12. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. i through 2. GRNTG CUP #3348 - 4 - 13. That the sidewalks, curbs and gutters along Lincoln Avenue shall be repaired as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 14. That prior to issuance of a building permit, or prior to commencement of the activity herein approved, or within a period of one (1) year from the date of this decision, whichever occurs first, Condition Nos. 1, 2, 6 and 9(b), 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. 15. That prior to final building and zoning inspections or prior to commencement of the activity herein approved, whichever occurs first, Condition Nos. 3, 4, 7, 8, 9(a), 10, 11, 12 and 13, above-mentioned, shall be complied with. 16. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinances, regulation or requirement. 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 11th day of December, 1990. CITY CLERK OF THE CITY OF ANAHEIM JLW:db R42C3348.155 121890 GRNTG CUP #3348 - 5 - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONO~ N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 90R-439 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 11th day of December, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution NO.90R-439 on the 8th day of January, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 8th day of January, 1991. CITY CLERK OF THE CITY OF ANAHE~ ( SEAL ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 90R-439 duly passed and adopted by the City Council of the City of Anaheim on December 11, 1990. CITY CLERK OF THE CITY OF ANAHEIM