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96-046 RESOLUTION NO. 96R~6 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING CONDITIONS OF APPROVAL OF CONDITIONAL USE PERMIT NO. 1897 AS SET FORTH IN RESOLUTION NO. 78R-749 WHEREAS, on November 21, 1978 the City Council adopted Resolution No. 78R-749 approving Conditional use Permit No. 1897 (to permit a multiple-purpose facility for park, recreation and professional sports training uses) on certain real property located within the City of Anaheim and legally described as set forth on Exhibit A attached hereto; and a Negative Declaration was approved concurrently for such uses, pursuant to the provisions of the California Environmental Quality Act; and WHEREAS, subject property is developed with a vacant elementary school (Juliette Low School previously occupied as a professional football team office and team practice facility and is located in the RS-A-43,000 "Residential/Agricultural" Zone; and WHEREAS, the City of Anaheim has initiated an application to amend or delete, without limitation, conditions of approval of Conditional Use Permit No. 1897 pertaining to the previously approved multiple-purpose facility for football practice and training, and corporate team offices; and WHEREAS, the City Planning Commission held a public hearing upon said application on March 4, 1996, and adopted its Resolution No. PC96-29 approving an amendment to the conditions of approval of Conditional Use Permit No. 1897; and WHEREAS, within the time permitted by law, the City Council determined to review the decision of the Planning Commission as provided pursuant to Section 18.03.080 of the Anaheim Municipal Code; and WHEREAS, the City Council did hold a public hearing at the Civic Center in the City of Anaheim on March 26, 1996, with notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed application and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the City Council, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the approved amendments, including imposition of additional conditions, are reasonably necessary to protect the public health, safety and general welfare, and to permit reasonable operation under the conditional use permit as granted in that: (a) The City Council approved Resolution No.78R-749 granting Conditional Use Permit No. 1897 subject to conditions of approvals specific to the Los Angeles Rams football team which are no longer appropriate because the Rams have departed. (b) Another professional football team is proposed to be the new tenant on an interim basis and deletion and modification of certain conditions are reasonably necessary to permit reasonable operation under the conditional use permit as granted. (c) The continued use as a football training facility will benefit the community by providing lease revenue to the Magnolia Unified School District which will permit the District to operate reading programs, music programs and bring technology to the schools that the district otherwise would be unable to provide. (d) The proposed continued use is an interim use, and conditions have been imposed limiting the use to protect the surrounding community. (e) The Superintendent of the Magnolia School District testified that if the property is not used for the purposes authorized by Conditional Use Permit No. 1897, the District would begin renovation to use the site for a school. The traffic generated by the continuing use as a football training facility will be much less than the traffic generated by use as a school. (f) The community benefits from having the children's playground on the site and the pedestrian walkway between Ventura Street and Gilbert Street available and maintained. 2. That no one spoke in opposition to the application at the City Council hearing and no correspondence was received in opposition to the subject application. The testimony and evidence presented at the Planning Commission hearing was incorporated into the record of the City Council hearing and considered by the City Council in its decision. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Council has reviewed the application and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 1897 is adequate to serve as the required environmental documentation in connection 2 with this application upon finding that the Declaration reflects the independent judgement of the lead agency and that it has considered the previously approved Negative Declaration together with any comments received during the public review process, and restates the findings set forth above, and further finds on the basis of the initial study and the comments and evidence received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Council does hereby amend the conditions of approval of Resolution No. 78R-749, in their entirety, to read as follows: 1. That the approved use shall consist of a multiple-purpose facility for football practice and training, and corporate team offices. 2. That the parking lot shall contain a minimum of one hundred (100) parking spaces. 3. That no tickets to football games shall be sold to the general public at subject property. 4. That the children's playground (at the northeast corner of subject property) and the existing fenced pedestrian walkway (crossing subject property and providing access between Ventura Street to the east and Gilbert Street to the west) shall be well maintained. 5. That no public "football clinics" shall be conducted on the subject property unless approved and/or requested by the City of Anaheim. 6. That a "tower" or other similar permanent structure shall not be utilized for filming outdoor practice sessions. A hydraulic lift or other temporary device may be utilized. 7. That football practice sessions and team meetings shall take place a maximum of six (6) days a week. 8. That there shall be no outdoor nighttime activities on the property unless approved and/or requested by the city of Anaheim. "Nighttime" shall be defined as one-half hour after sunset to one-half hour after sunrise. 9. That subject property shall be developed substantially in accordance with the site plan on file with the Planning Department labeled Exhibit No. 1. 10. That subject use permit is hereby granted for a period of five (5) years, to expire on April 1, 2001. 3 11. That any future professional football team tenant on subject property shall negotiate, in good faith, with the owner of the commercial property to the south for a vehicular access easement across said adjacent property (2301, 2323 and 2331 West Lincoln Avenue) from subject property to Lincoln Avenue. If an easement or other vehicular access agreement is obtained, the tenant shall submit a copy of said document to the Planning Department. Alternatively, if an easement or agreement cannot reasonably be obtained, the tenant shall so-advise the Planning Department in writing. 12. 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 ordinance, regulation or requirement. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 26th day of March, 1996. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 0018537.01 4 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. 96R-46 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 26th day of Mamh, 1996, by the following vote of the members thereof: AYES: MAYOR/COUNCIL: Tait, Zemel, Feldhaus, Lopez, Daly NOES: MAYOR/COUNCIL: None ABSENT: MAYOR/COUNCIL: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 96R-46 on the 26th day of March, 1996. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 26th day of March, 1996. (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 96R-46 was duly passed and adopted by the City Council of the City of Anaheim on this March 26th, 1996. CITY CLERK OF THE CITY OF ANAHEIM