71R-335
RESOLUTION NO. 71R-335
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AFFIRMING CONDITIONAL USE PERMIT
NO. 658 AND INTERPRETING THE TERMS THEREOF.
WHEREAS! the City Planning Commission of the City of
Anaheim did receive an application for a Conditional Use Permit
from William D. Lusk as agent for Lusk Corporation, owner, to
establish a church and Christian Educational Facilities on the
following described property situated in the City of Anaheim,
County of Orange, state of California, to wit:
That portion of the land a1loted to the heirs of
Leandro Serrano, in section 9, Township 4 South,
Range 9 West, in the City of Anaheim, County of
Orange, State of California, as shown on the map
of Partition of the Rancho Santiago de Santa Ana,
recorded in book "Bit of Judgments of the 17th
Judicial District Court of California, described
as follows:
Beginning at the southerly terminus of that certain
course in the easterly boundary of Tract No. 5499,
as shown on a map recorded in book 201 pages 46 and
47 of Miscellaneous Maps, in the office of the county
recorder of said Orange County, shown thereon as
having a bearing of North 20 25' 3511 East and a
length of 206.84 feeti thence along said easterly
boundary North 20 25' 35u East 206.84 feet; thence
Nortll 5"0 37 I 35 H East 112.98 feet to the beginning
of a tangent curve therein shrn~ as being concave to
the West and having a radius of 309.88 feet; thence
northerly along said curve 50.08 feet, a radial to
said point bears North 960 22' 00" East; thence North
860 22' OOil East 167.62 feet to the beginning of a
tangent curve: concave to the North and having a
radius of 300.00 feet~ thence easterly along said
curve 113.62 feet; thence tanqent to said curve North
640 40' OOil East 91.37 feet; th.ence South 250 20 rOO"
East 26.00 feet:~ t11ence South 220 3D' OOn East 140.00
feet, thence South 500 50' 12" East 160.00 feet; thence
Soutl'l 270 301 00" West 123.00 feet: thence South 10
291 24 n \o'lest 97. 00 feet to the intersection with a
line having a bearing of South 880 3D' 36" East and
which passes through the point of beginning; thence
North 880 3D' 3611 lilest 510.00 feet to the point of
beginning.
AND WHEREAS, the City Planning Commission did hold a
public hearing at the City Hall in the City of Anaheim upon said
application on December 17, 1964, notices of which said public
hearing were duly given as required by law and the provisions of
Title 18, Chapter 18.76 of the Anaheim Municipal Code; and
WHEREASr said Commission, after due inspection,
investigation and studies made by itself did adopt its
Resolution No. 1446, Series 1964-1965 approving Conditional Use
Permit 658 subject to certain conditions therein set forth; and
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WHEREAS, subsequent to that time to wit: the Trinity
Lutheran Church, the successor in interest of applicant therein,
did request a clarification and inte.rpretation of the terms of
Conditional Use Permit No. 658; and
WHEREAS, pursuant to the City of Anaheim Planning
Commission meeting of May 17, 1971, the city Planning Commission
after due consideration set this matter for public hearing on
June 2, 1971 and continued the same to June 14, 1971 to allow
time for the presentation of further evidence herein; and
WHEREAS, said City of Anaheim Planning commission did
affirm, after further consideration of the evidence and reports
offered at said hearing, Resolution PC 71-114 affi~ing Conditional
Use Permit No. 658 as per Resolution No. l446, Series 1964-1965,
subject to certain conditions therein set forth; and
WHEREAS, thereafter within twenty-two (22) days from
the date of the adoption of said resolution, a written appeal
was filed with the City Council of the City of Anaheim protesting
the affirming of the clarification of Conditional Use Permit No.
658 and said appeal was set for public hearing on July 27, 1971 at
the City Hall in the City of Anaheim, and notices of such. public
hearing were duly given as required by law and the provisions of
Title 18, Chapter 18.76 of the Anaheim Municipal Code; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly 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
WHEREAS, the City Council finds, after careful con-
sideration of all 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 develop-
ment 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 detr~ental 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.
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NOW r THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that in interpreting the action of the City
Planning Commission granting said Conditonal Use Permit, that
said Conditional Use Permit No. 658 be, and the same is hereby
affirmed permitting the establishment of a day school on subject
property in conjunction with an existing church, subject to the
following conditions and interpreting the terms thereof:
1. That the existing structure shall be brought up to the
minimum standards of the City of Anaheim, including the Uniform
Building, Plumbing, Electrical, Housing, Mechanical and Fire
Codes as adopted by the City of .~aheim, prior to the commencement
of the activity authorized under this resolution.
2. That the existing driveway on Church Haven Way shall
be barricaded immediately to preclude church traffic from using
Church Haven Way.
3. That the existing driveway approach apron and entrance-
exit to Church Haven Way shall be removed and replaced with
standard curb and gutters.
4. That a 42-inch decorative masonry wall and/or dense
landscaping shall be provided along the entire frontage of Church
Haven Way; plans for said wall and/or landscaping shall be sub-
mitted to the Development Services Department for approval.
5. That dense landscaping, including trees, shall be
provided along the easterly property line adjacent to the area
proposed for recreation purposes; plans for said landscaping
to be submitted to the Development Services Department for
approval.
6. That Conditions Nos. 3, 4, and 5, above mentioned,
shall be complied with within 180 days from the date hereof
or such further time as the Planning Commission and/or City
Council may grant provided, however, that the commencement of
the school use shall not be dependent upon completion of these
conditions.
7. That subject property shall be developed substantially
in accordance with plans and specifications on file with the
City of Anaheim, marked Exhibit No.1, Revision No.1, and
Exhibit Nos. 2, 3 and 4, in addition to the conditions set
forth above.
8. That a maximum of 120 students shall be permitted
in the Christian day school.
The Ci~y Council hereby reserves ~he right to revoke
such Conditional Use Permit for good cause or failure of
said owner, its successors or assigns, to comply with the
Anaheim Municipal Code and regulations and the conditions herein.
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THE FOREGOING RESOLUTION is approved and signed by
me this 27th day of July, 1971~
ATTEST:
DEB M. DAOUST" CITY CLERK
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By (.~~"'-7-'ta.... );1.. ~~~~.#~ Deputy
CITY CLERK OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss .
CITY OF .ANAHEIM )
I, DENE M. DAOUST, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Resolution No. '71R-335 was
passed and adopted at a regular meeting of the City Council held
on the 27th day of July , 19 7l, by the following
vote of the members thereof:
AYES: COUNCILMEN: Roth, Pebley, Thom and Ste.phenson
NOES : COUNCIL~mN : None
ABSENT: COUNCILMEN: Dutton
Pro-Tem
AND I FURTHER CERTIFY that the Mayor/of the City of
Anaheim approved and signed said resolution on the' 27th day of
July 1 19--I!.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this '2."'t.h day of
July , 19 7l.
DENE M. DAOUST, CITY CLERK
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By ,-~~.)n.~
CITY CLERK OF THE CITY OF ANAHEIM
Deputy
(SEAL)
I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby
certify that the foregoing is the original of Resolution No. 71R-335 duly
passed and adopted by the Anaheim City Council on July 27, 1971.
DENE M. DAOUST, CITY CLERK
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By (.....u~.~....' /JJ. ~a/~
City Clerk
Deputy
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