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1961-6859RESOLUTION NO. 6859 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 107 TO RICHARD AND MARGUERITE E. MITCHELL TO CONSTRUCT AND OPERATE A COMPLETE CHURCH PLANT ON THE PROPERTY HEREINAFTER DESCRIBED. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application from Richard Mitchell and Marguerite E. Mitchell, 1824 West Ocean Front, Newport Beach, California, for a Conditional Use Permit to construct and operate a complete church plant, consisting of a church, Sunday school and Christian day school facilities, on the following described property situated in the City of Anaheim, County of Orange, State of California, to wit: Parcel 1. That portion of Lot 4 and Lot 5 of Anaheim Extension, as shown on a Map of survey by William Hamel, a copy of which is shown in Book 3, Pages 162 to 164 inclusive of "Los Angeles County Maps," in the office of the County Recorder of Orange County, California, described as follows: Beginning at the Southeasterly corner of Lot 21 as shown on a Map of Tract No. 1542, recorded in Book 45, Pages 37 and 38 of Miscellaneous Maps, Records of Orange County, California; thence North 74 34' 15" East 23.20 feet; thence South 16 47' 09" East 54.06 feet; thence North 81 18' 35" East 6.85 feet; thence South 15 27' 55" East 291.93 feet to a point on a line parallel with and distant Northerly 480.00 feet, measured at right angles, from the center line of Center Street, as said Street is shown on a Map filed in Book 28, Page 22 of Record of Surveys in the office of the County Recorder of Orange County, California; thence South 74 37' 25" West parallel to said center line of Center Street, 1084.89 feet, to a point 33.00 feet Easterly of the center line of East Street, being 66 feet in width; thence North 15 24' 15" West, parallel to and 33 feet Easterly of the center line of East Street 337.29 feet; thence North 15 23' 25" West, parallel to and 33 feet Easterly of the center line of East Street, 10.50 feet to the Northwesterly corner of Lot A of said Tract No. 1542; thence North 74 34' 15" East along the Northerly line of Lot A, 946.00 feet, more or less, to the Westerly line of Lot 21 of said Tract No. 1542; thence South 15 24' 05" East 2.00 feet to the Southwesterly corner of Lot 21 of said Tract No. 1542; thence North 74 34' 15" East, along the Southerly line of Lot 21 of said Tract No. 1542, 107.90 feet to the point of beginning. EXCEPTING therefrom that portion included in Lot A of Tract No. 1542. -1- AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said application on April 3, 1961, 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 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. 221- Series 1960 -61, granting Conditional Use Permit No. 107, upon the conditions therein set forth; and WHEREAS, thereafter, within twenty (20) days from the date of the adoption of said resolution, a written appeal was filed with the City Council protesting the action of the City Planning Commission in granting said Conditional Use Permit and said appeal was set for public hearing on May 2, 1961, 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 hear- ing 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 the recommendations of the City Planning Commis- sion 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 develop- ment 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. -2- NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the action of the City Planning Commission granting said Conditional Use Permit be, and the same is hereby sustained, and that Conditional Use Permit No. 107 be, and the same is, hereby granted to Richard Mitchell and Marguerite E. Mitchell, 1824 West Ocean Front, Newport Beach, California, permitting the construction and operation of a complete church plant, consisting of a church, Sunday school and Christian day school facilities, upon the property hereinabove described, subject to the following conditions: 1. That subject property be developed sub- stantially in accordance with the plans presented to the City Council and on file with the City of Anaheim, the final plans of development to be presented to the City Council for approval before the building permits are issued. 2. That a 6 -foot masonry wall be constructed along the north property line abutting Cypress Street, enclosing the playground area only, as indicated on the plot plan on file with the City of Anaheim. 3. That landscaping be provided and maintained abutting the north property line, extending along Cypress Street from the playground area to East Street, and along the East Street frontage, which landscaping shall be subject to the approval of the Parkway Maintenance Division of the City of Anaheim. 4. That the two -foot strip, being Lot "A" of Tract No. 1542, lying along and contiguous to Cypress Street, be acquired by the owners of subject property. 5. That the owners of subject property deed to the City of Anaheim a strip of land 25 feet in width, from the center line of the street, along Cypress Street, and a strip of land 33 feet in width, from the center line of the street, along East Street, for street widening purposes. 6. (a) That all engineering requirements of the City of Anaheim, such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant work be com- plied with as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer, but that a temporary waiver of sidewalk requirements along Cypress Street be granted until required by the City Engineer. e That a bond in an amount and form satis- factory to the City of Anaheim be posted with the City to guarantee the installation of said engineering requirements with the exception of the sidewalks along Cypress Street; and that said bond shall also guarantee the construction of the 6 -foot wall mentioned in Condition No. 2 hereof. -3- The City Council hereby reserves the right to revoke such Conditional Use Permit for good cause or failure of said owners, their heirs, successors or assigns to comply with the Anaheim Municipal Code and regulations and the conditions herein. THE FOREGOING RESOLUTION is approved and signed by me this 2nd day of May, 1961. ATTEST: STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a regular meeting of the City Council held on the 2nd day of May, 1961, by the following vote of the members thereof: AND I FURTHER CERTIFY that the Mayor Pro Tem of the City of Anaheim approved and signed said resolution on the 2nd day of May, 1961. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 2nd day of May, 1961. (SEAL) 7. That the owners of subject property pay to the City of Anaheim the sum of $2.00 per front foot, along both East and Cypress Streets, for street lighting purposes. 8. That approval of the City Traffic Engineer be obtained of those areas reserved for ingress to and egress from subject property. �L OF THE 6f O NAHEIM MAYOR P RO TEM OF TH4 CITY OF ANAHEIM€ AYES: COUNCILMEN: Chandler, Coons, Fry and Thompson. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. ABSTAINED FROM VOTING: COUNCILMEN: Schutte. 10 If. -4