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1967-641RESOLUTION NO. 67R -641 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 963; AND RESCINDING RESOLUTION NO. 67R -603. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from Calvary Baptist Church of Anaheim, 1906 East South Street, Anaheim, California, to establish and operate a Christian day school in conjunction with an existing church, with waivers of the following Anaheim Municipal Code requirements: (1) Parking area improvement standards (Section 18.04.030(2 -a), and (2) Off- street parking (Section 18.16.050(8)), on the following described property situated in the City of Anaheim, County of Orange, State of California, to wit: That portion of Lot 16 of Anaheim Extension, in the City of Anaheim, County of Orange, State of California, as shown on a map of Survey made by William Hamel and filed in the office of the County Recorder of Los Angeles County, California, a copy of which is shown in Book 3 Page 163 et seq., entitled "Los Angeles County Maps in the office of the County Recorder of said Orange County, described as follows: Beginning at a point on the center line of South Street, said point being the northwest corner of the land con- veyed to James B. Kerwin by deed recorded October 28, 1947 in Book 1590 Page 187 of Official Records; thence North 74° 36' 05" East 111.50 feet along said center line; thence South 15° 45' 25" East 188.75 feet parallel with the West line of said land of Kerwin to the north- westerly line of the land described in the deed to William H. Grebel, et ux, recorded July 3, 1948 in Book 1663 Page 397 of Official Records; thence South 74° 36' 05" West 111.50 feet along said northwesterly line to said west line of the land of Kerwin; thence North 15° 45' 25" West 188.75 feet to the point of beginning. EXCEPT that portion thereof that lies within the lines of South Street, as shown on said map. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said application on September 13, 1967, notices of which said public hearing were duly given as required by law and the provi- sions of Title 18, Chapter 18.76 of the Anaheim Municipal Code; and WHEREAS, the City Planning Commission did adopt Resolution No. PC67 -207 granting said conditional use permit for a period of one year, with a maximum of 40 students, subject to certain conditions therein set forth; and WHEREAS, thereafter, within a period of twenty -two days from the date of the adoption of said resolution, the City Council did elect, upon its own motion, to review the action of the City Planning Commission in granting said conditional use permit, and did fix the 31st day of October, 1967 as the time and the Council Chamber in the City Hall in the City of Anaheim -1- as the place for a public hearing upon said conditional use permit, and notices of said public hearing were duly given as required by law and the provisions 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 hearing, and did give all persons interested therein an opportunity to be heard and did find, after careful consideration of the recommen- dations of the City Planning Commission and all evidence and reports offered at said hearing, that said conditional use per- mit should be denied, and did thereupon adopt Resolution No. 67R -603 denying Conditional Use Permit No. 963; and WHEREAS, prior to the adjournment of the October 31, 1967 Council Meeting, the authorized agent for the petitioner for said conditional use permit did request a rehearing on said permit on the basis of a temporary use for a one -year period or until the end of the current school year; and WHEREAS, said request was set for public hearing before the City Council on November 21, 1967, and notice of the time and place of such hearing was duly given as required by law; and WHEREAS, the City Council did on November 21, 1967 hold and conduct such hearing and did give all persons inter- ested therein an opportunity to be heard, and did receive evidence and reports; and WHEREAS, the City Council finds, after careful con- sideration of all evidence and reports offered at said hearing, that: The use of the property is such that this would not be a proper use by conditional use permit, and under ordinary circumstances should not be granted; but that because of the existing situation, and that the school, in fact, has commenced and students are in attendance regardless of the method in which it was started, such extenuating circumstances justify a continuance of this activity for the balance of the school year only, it being understood that no exten- sions of subject use will be granted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Conditional Use Permit No. 963 be, and the same is hereby granted permitting a day school to be conducted in conjunction with an existing church, on the property herein before described, to and until June 15, 1968 only, subject to the following conditions: 1. That the existing structure on subject property shall be brought up to conform with Uniform Building, Plumbing, Electrical, Fire and Safety Codes as adopted by the City of Anaheim. 2. That the City Attorney shall see that a business license is obtained if one is found to be necessary. 3. That no extensions of subject use shall be granted. -2- BE IT FURTHER RESOLVED that Resolution No. 67R -603 be, and the same is hereby rescinded. The City Council hereby reserves the 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. THE FOREGOING RESOLUTION is approved and signed by me this 21st day of November, 1967. ATTEST: CIT CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM NOES: COUNCILMEN: Dutton ABSENT: COUNCILMEN: None 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 21st day of November, 1967, by the following vote of the members thereof: AYES: COUNCILMEN: Krein, Schutte, Chandler and Pebley AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 21st day of November, 1967. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 21st day of November, 1967. CIT CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 67R -641 duly passed and adopted by the Anaheim City Council on November 21, 1967. -3- �K. City Clerk