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84R-105 RESOLUTION NO. 84R-I05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2533. ~ 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 from KING-SEELEY THERMOS COMPANY, owner, and THE SALVATION ARMY, agent, to permit an adult rehabilitation center including a 150 bed men's residence, treatment center and work therapy unit upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 1: ALL THAT CERTAIN PARCEL OF LAND BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 23. TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF LAND DESCRIBED AT PARCEL NO. 2 IN DEED TO THE SOUTHERN PACIFIC COMPANY, DATED JANUARY 9, 1956, AND RECORDED FEBRUARY 23, 1956 IN BOOK 3407, PAGE 464 OF OFFICIAL RECORDS IN THE OFFICE OF SAID RECORDER, WITH THE EAST LINE OF THE WEST 490 FEET OF SAID NORTHEAST QUARTER OF SECTION 23: THENCE WESTERLY ALONG SAID SOUTH LINE OF LAND DESCRIBED AS SAID PARCEL NO.2, A DISTANCE OF 490 FEET TO A POINT IN THE WEST LINE OF SAID NORTHEAST QUARTER OF SECTION 23: THENCE NORTHERLY ALONG SAID WEST LINE, A DISTANCE OF 380 FEET, TO THE SOUTH LINE OF THE NORTH 775 FEET OF SAID NORTHEAST QUARTER OF SECTION 23: THENCE EASTERLY ALONG LAST SAID SOUTH LINE, A DISTANCE OF 480 FEET: THENCE SOUTHEASTERLY IN A DIRECT LINE, 105 FEET TO A POINT IN AFORESAID EAST LINE OF THE WEST 490 FEET OF SAID NORTHEAST QUARTER OF SECTION 23: THENCE SOUTHERLY ALONG LAST SAID EAST LINE, A DISTANCE OF 275 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPT THE TITLE AND EXCLUSIVE RIGHT TO ALL OF THE MINERALS AND MINERAL ORES OF EVERY KIND AND CHARACTER NOW KNOWN TO EXIST OR HEREAFTER DISCOVERED IN THE PORTION OF SAID LAND LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE THEREOF, OR THAT MAY BE PRODUCED THEREFROM INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL PETROLEUM, OIL, NATURAL GAS AND OTHER HYDROCARBON SUBSTANCES AND PRODUCTS DERIVED THEREFROM, TOGETHER WITH THE EXCLUSIVE AND PERPETUAL RIGHT OF THE GRANTOR, ITS SUCCESSORS AND ASSIGNS, OF INGRESS AND EGRESS BENEATH A DEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND TO EXPLORE FOR, EXTRACT, MINE AND REMOVE THE SAME, AND TO MAKE SUCH USE OF SAID LAND BELOW A DEPTH OF 500 FEET FROM THE SURFACE THEREOF AS IS NECESSARY OR USEFUL IN CONNECTION THEREWITH, WHICH USE MAY INCLUDE LATERAL OF SLANT DRILLING, BORING, DIGGING OR SINKING OF WELLS, SHAFTS OR TUNNELS: PROVIDED HOWEVER, THAT THE GRANTOR, ITS SUCCESSORS AND ASSIGNS SHALL NOT USE THE SURFACE OF SAID LAND IN THE EXERCISE OF ANY OF SAID RIGHTS AND SHALL NOT DISTURB THE SURFACE OF SAID LAND OR ANY IMPROVEMENTS THEREON OR REMOVE OR IMPAIR THE LATERAL OR SUBJACENT SUPPORT OF SAID LAND OR ANY IMPROVEMENTS THEREON, AS RESERVED BY SOUTHERN PACIFIC COMPANY, ITS SUCCESSORS AND ASSIGNS IN DEED RECORDED FEBRUARY 23, 2957 IN BOOK 3819, PAGE 584 OF OFFICIAL RECORDS. PARCEL 2: ALL THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF LAND DESCRIBED AS PARCEL NO. 2 IN DEED TO THE SOUTHERN PACIFIC COMPANY, DATED JANUARY 9, 1956, AND RECORDED IN BOOK 3407, PAGE 464 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID RECORDER, WITH THE EAST LINE OF THE WEST 490 FEET OF SAID NORTHEAST QUARTER OF SECTION 23: THENCE SOUTH 00 21' 52" EAST 1247.10 FEET ALONG SAID EAST LINE TO A POINT THAT IS DISTANT NORTH 00 21' 52" WEST 322.47 FEET, MEASURED ALONG SAID EAST LINE, FROM THE SOUTH LINE OF SAID NORTHEAST QUARTER OF SECTION 23; THENCE SOUTHEASTERLY 244.46 FEET ALONG A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 492.68 FEET TO THE POINT OF INTERSECTION OF SAID CURVE WITH A CURVE THAT IS CONCENTRIC WITH AND DISTANT 30 FEET NORTHEASTERLY, MEASURED RADIALLY FROM THE NORTHEASTERLY LINE OF THE RIGHT-OF-WAY (100 FEET WIDE) OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY: THENCE NORTHWESTERLY 981.15 FEET ALONG SAID CONCENTRIC CURVE CONCAVE NORTHEASTERLY TO A POINT DISTANT EASTERLY 40 FEET, MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF AFORESAID NORTHEAST QUARTER OF SECTION 23: THENCE SOUTH 890 38' 08" WEST 33.45 FEET ALONG A LINE DRAWN AT RIGHT ANGLES TO SAID WEST LINE TO A POINT ON SAID NORTHEASTERLY LINE OF THE RIGHT-OF-WAY (100 FEET WIDE) OF THE ATCHISON, TOPEKA -2- AND SANTA FE RAILWAY COMPANY: THENCE NORTHWESTERLY 14.87 FEET ALONG SAID NORTHEASTERLY LINE TO SAID WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 23: THENCE NORTH 00 21' 52" WEST 632.63 FEET ALONG SAID WEST LINE TO THE SOUTH LINE OF LAND DESCRIBED AS PARCEL NO. 2 IN SAID DEED TO SOUTHERN PACIFIC COMPANY: THENCE NORTH 890 49' 38" EAST 490.00 FEET ALONG LAST SAID SOUTH LINE TO THE POINT OF BEGINNING. 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. PC84-23, granting Conditional Use Permit No. 2533: 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 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 consi- deration 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 adjoin- ing 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. -3- ,.,,~,..., 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 18.06.080 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: 1. The variance(s) will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect the adjoining land uses: and 2. The granting of the variance(s) under the conditions imposed 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, the action of the City Planning Commission granting said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 2533 be, and the same is hereby, granted permitting an adult rehabilitation center including a 150 bed men's residence, treatment center and work therapy unit on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTION 18.06.050.0269, - Minimum number of parking 18.06.050.031 spaces. (277 spaces required: AND 18.61.066.050 162 spaces proposed) subject to the following conditions: 1. That prior to issuance of a building permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by the City Council for each new dwelling unit (dormitory room) in the men's residence. 2. That the owner of subject property shall, by recorded deed, irrevocably offer to deed to the City of Anaheim a strip of land 45 feet in width from the centerline of the street along Lewis Street for street widening purposes. 3. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. All water shall be picked up on-site and not allowed to drain into Lewis Street unless otherwise approved by the City Engineer. 4. That prior to commencement of structural framing, fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department. 5. That trash storage areas shall be provided in accordance with approved plans on file with the Street Maintenance and Sanitation Division. -4- 6. That the vehicular access rights, except at approved access points, to Lewis Street shall be dedicated to the City of Anaheim. 7. That the on-site street shall be a private street, however, if dedication of the street is anticipated in the future, it shall be constructed to public street standards with a minimum right-of-way of 60 feet. 8. That prior to issuance of a building permit, appropriate water assessment fees shall be paid to the City of Anaheim, in an amount as determined by the Office of the Utilities General Manager. 9. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic in the adjacent public streets. Installation of any gates within a distance of forty (40) feet from said public street rights-of-way shall be subject to the review and approval of the City Traffic Engineer. 10. That all engineering requirements of the City of Anaheim along Lewis Street, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, street grading and pavement, sewer and drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with specifications on file in the Office of the City Engineer. Said security shall be posted with the City prior to issuance of building permits, to guarantee the installation of the above-required improvements prior to occupancy. 11. That the men's residential facility shall be sprinklered as required by the Fire Marshall. 12. That prior to issuance of a building permit, a plan indicating adequate trash and fire access shall be submitted and approved by the Street Maintenance and Sanitation Division and the Fire Department. 13. That prior to the commencement of the activity authorized under this resolution, or prior to the time that a building permit is issued, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 2, 6, and 10, 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. 14. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 5. -5- .""'"""""'....'_..H-_ 15. That prior to final building and zoning inspections, Condition Nos. 3, 5, 9, 11 and 14, above-mentioned, shall be complied with. ~ 16. That exercise of any rights under this conditional use permit shall be limited solely and exclusively to the Salvation Army and any discont.inuance by the Salvation Army of the activities authorized by this permit, or any attempt to transfer any rights contained in such permit to any entity or person other than the Salvation Army, shall render this conditional use permit null and void. 17. That exercise of any rights contained in this conditional use permit by the Salvation Army ("Army") shall constitute an acknowledgement by the Army that (i) such use is being permitted and conducted in an industrial area, (ii) the Army recognizes that current and future industrial uses and activities in the area may adversely impact the Army's use of the subject property as herein authorized, and (iii) the Army will not in any manner seek to limit or oppose any such industrial uses or activities regardless of the effect any such industrial use or activity may have upon Army's use of the property. 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 13th day of March, 1984. AE~~M ATTEST: ~r/x~ANAHEIM JLW: fm 2295M 3/23/84 -6- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 84R-105 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 13th day of March, 1984, by the following vote of the members thereof: - AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Roth AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 84R-105 on the J3th day of March, 1984. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the s~al of the City of Anaheim this 13th day of March, 1984. ~i.~ CITY CLERK OF THE CITY ANAHEI~ (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 84R-105 duly passed and adopted by the Anaheim City Council on March 13, 1984. ~.~,./~ ~ CITY CLER - .-..-....,.-,.'"....-...,>.,... '-'~'><-""'-' ..,.._,