1985-083RESOLUTION NO. 85R-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2607.
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 ANAHEIM CITY SCHOOL DISTRICT, owner and CHINESE BAPTIST
CHURCH, agent, to permit a church facility upon certain real
property located within the City of Anaheim, County of Orange,
State of California, legally described as:
PARCEL 1 AS PER MAP FILED IN BOOK 185, PAGE 37,
RECORDS OF SAID COUNTY.
PROPOSED PARCEL MAP NO. 83-242, BEING A SUBDIVISION OF:
PARCEL 1:
LOTS 24 TO 29 BOTH INCLUSIVE AND LOTS 42 TO 58 BOTH
INCLUSIVE, IN BLOCK D OF THE HOTEL DEL CAMPO TRACT AS
SHOWN ON A MAP RECORDED IN BOOK 24 PAGES 69 AND 70
RECORDS OF LOS ANGELES, CALIFORNIA, TOGETHER WITH THE
ALLEY ADJOINING SAID LOTS BOUNDED ON THE EAST BY THE
SOUTHERLY PROLONGATION OF EAST LINE OF LOT 48, BOUNDED
ON THE SOUTH BY THE WESTERLY PROLONGATION OF THE SOUTH
LINE OF LOT 24, BOUNDED ON THE WEST BY THE SOUTH
PROLONGATION OF THE WEST LINE OF LOT 58 AND ON THE
NORTH BY THE SOUTH LINES OF LOTS 48 THRU 58 BOTH
INCLUSIVE AS ORDERED CLOSED BY BOARD OF TRUSTEE OF
CITY OF ANAHEIM, IN THAT CERTAIN RESOLUTION A
CERTIFIED COPY OF WHICH WAS RECORDED SEPTEMBER 30,
1904 IN BOOK 108 PAGE 265 OF DEEDS; and
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. PC84-248 granting
Conditional Use Permit No. 2607; 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
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 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.
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
18.03.040 of the Anaheim Municipal Code are present and that said
waiver(s) should be granted, for the following reasons:
1. That there are special circumstances applicable to the
property, including size, shape, topography, location or
surroundings, which do not apply to other property under
identical zoning classification in the vicinity.
2. That, because of special circumstances shown in (1)
above, strict application of the zoning code deprives the
property of privileges enjoyed by other property under identical
zoning classification in the vicinity.
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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. 2607 be, and the same is hereby,
granted permitting a church facility on the hereinabove described
real property with a waiver of the following provisions of the
Anaheim Municipal Code:
SECTION 18.04.042.020 - Minimum landscaped setback.
AND 18.34.063.011 15 to 20 feet required
adjacent adjacent to Broadway,
Melrose and Olive Street;
3 to 14 feet 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 new commercial buildings.
2. a. That prior to commencement of the activity
authorized under this resolution, or prior to
issuance of a building permit for Phase 1
(Exhibit Nos. 1 through 3) of the proposal,
whichever occurs first, the owner of subject
property shall irrevocably offer to dedicate to
the City of Anaheim a strip of land 28 feet in
width from the centerline of the street along
Broadway and 44 feet in width from the
centerline of the street along Olive Street for
street widening purposes.
b. That prior to issuance of a building permit for
Phase 2 (Revision No. 1 of Exhibit Nos. 1
through 3) of the proposal, security in the form
of a bond, certificate of deposit, letter of
credit, or cash, in an amount and form
satisfactory to the City of Anaheim, shall be
posted with the City to guarantee the
satisfactory relocation of the existing street
facilities along Broadway and Olive Street such
as curbs and gutters, sidewalks, street grading
and pavement, sewer and drainage facilities, and
other appurtenant work as required by the City
Engineer and in accordance with specifications
on file in the Office of the City Engineer.
Said security shall guarantee the installation
of the above-required improvements prior to any
final building and zoning inspections for
Phase 2.
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c. If the City determines that the street
improvements specified in Condition No. 2.b.,
above, are required prior to commencement of
Phase 2 of the project and within a period of
five (5) years from the date herein, the
petitioner shall (as stipulated at the City
Council public hearing) install the
above-required improvements or pay for said
improvements, as determined by the City
Engineer, upon demand by the City.
3. That drainage of subject property shall be disposed of
in a manner satisfactory to the City Engineer.
4. That trash storage areas shall be provided and
maintained in accordance with approved plans on file
with the Street Maintenance and Sanitation Division.
5. That fire sprinklers shall be installed as required by
the City Fire Marshall.
6. That prior to commencement of the activity authorized
under this resolution or prior to issuance of a
building permit for Phase 1 (Exhibit Nos. 1 through 3)
of the proposal, whichever occurs first, street
lighting facilities along Olive Street shall be
installed as required by the Utilities General Manager
in accordance with Specifications on file in the
Office of Utilities General Manager, and that security
in the form of a bond, certificate of deposit, letter
of credit, or cash, in an amount and form satisfactory
to the City of Anaheim, shall be posted with the City
to guarantee the satisfactory completion of the
above-mentioned improvements. Said security shall be
posted with the City of Anaheim prior to approval of
any building permit. The above-required improvements
shall be installed prior to any final building and
zoning inspections for Phase 2.
7. That a perpetual easement agreement for electrical
purposes shall be submitted to the Planning Department
and then be transmitted to the City Attorney's Office
for review and approval. The precise location of said
easement shall be determined by the Electrical
Engineering Division. The approved agreement shall
then be filed and recorded in the Office of the Orange
County Recorder, and a copy thereof shall be provided
to the Planning Department.
8. That subject property shall be served by underground
utilities.
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9. 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.
~~° 10. That all air conditioning facilities shall be properly
shielded from view, and the sound buffered from
adjacent properties.
11. That the proposal shall comply with all signing
requirements of the RM-1200 Zone, unless a variance
allowing sign waivers is approved by the Planning
Commission or City Council.
12. That any proposed parking area lighting fixtures shall
be down-lighted with a maximum height of 12 feet.
Said lighting fixtures shall be directed away from
adjacent property lines to protect the residential
integrity of the area.
13. 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
3 (Phase 1) and Revision No. 1 of Exhibit Nos. 1
through 3 (Phase 2).
14. That prior to the commencement of the activity
authorized under this resolution, or prior to issuance
of any building permit, or within a period of one year
from the date of this resolution, whichever occurs
first, Conditions Nos. 1, 2.a., and 7,
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.
15. That prior to the commencement of the activity
authorized under this resolution for Phase 1 or final
building and zoning inspection, for Phase 1, whichever
occurs first, Condition Nos. 3, 4, 5, 8, 10, 12 and
13, above-mentioned, shall be complied with.
16. That prior to final building and zoning inspections
for Phase 2, Condition Nos. 2.b. and 6, above
mentioned, shall be complied with.
~-~ 17. That no school activities of any kind, other than
Sunday School classes, shall be permitted, unless a
conditional use permit allowing such use is approved
by the Planning Commission or City Council.
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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 12th day of
February, 1985.
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MAYOR OF THE CITY OF ANAHEIM
ATTEST•
CI Y CLERK OF THE CITY OF ANAHEIM
JLW:pm
2542U"
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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. 85R-83 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 12th day of February, 1985, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 85R-83 on the 12th day of February, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 12th day of February, 1985.
_~:~~-~.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAT,,)
I, LEONORA N. SOIL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 85R-83 duly passed and adopted
by the Anaheim City Council on February 12, 1985.
~C..
CITY CLERK