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83R-388 RESOLUTION NO. 83R-388 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2470. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from CHRISTIAN CENTE~ CHURCH OF ORANGE COUNTY, CALIFORNIA, owner, and FIRST CHURCH OF THE NAZARENE, agent, to permit a private preschool within maximum enrollment of one hundred (100) children upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTH- WEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THAT PORTION THEREOF INCLUDED WITHIN THE FOLLOWING DESCRIBED LINES: BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTH HALF; THENCE SOUTH 890 031 44" EAST 661.34 FEET, TO THE NORTHEAST CORNER OF SAID SOUTH HALF; THENCE SOUTH 00 131 03" WEST 26.00 FEET ALONG THE EAST LINE OF SAID SOUTH HALF; THENCE SOUTH 780 211 19" WEST 261.77 FEET; THENCE SOUTH 710 51' 56" WEST 207.84 FEET; THENCE SOUTH 720 571 35" WEST 99.39 FEET; THENCE SOUTH 460 531 05" WEST 71.47 FEET; THENCE SOUTH 70 43' 00" WEST 99.36 FEET TO THE SOUTH LINE OF SAID SOUTH HALF; THENCE NORTH 890 031 47" WEST 48.12 FEET TO THE SOUTH- WEST CORNER OF SAID SOUTH HALF; THENCE NORTH 00 141 40" EAST 330.00 FEET TO THE POINT OF BEGINNING; and WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, no~ices 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, inves- tigation 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. 83R-126, denying Conditional Use Permit No. 2470; 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 ___....,_,_"'"'u........__.",. .. 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. 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 denying said conditional use permit be, and the same is hereby, reversed and that Conditional Use Permit No. 2470 be, and the same is hereby, granted permitting a private preschool with a maximum enrollment of one hundred (100) children on the hereinabove described real property, subject to the following conditions: l. That the owner of subject property shall pay to the City of Anaheim a fee for street lighting along Norwood Street and Candlewood Street in an amount as determined by the City Council. 2. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Norwood Street and Candlewood Street in an amount as determined by the City Council. 3. That prior to commencement of the activity, 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. 4. That the location of the proposed outdoor playground area shall be subject to review and approval of the Street Maintenance and Sanitation Department. -2- ~-,._._.,,,...--..,..... 5. That the existing trash enclosure shall be relocated (if needed) to provide for the playground area and adequate trash pick-up. 6. 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 4. 7. That Condition Nos. 1 through 6 shall be completed prior to the commencement of the activity authorized by this con- ditional use permit. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicantls compliance with each and all of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unen- forceable by the final judgment of any court of competent juris- diction, then this Resolution, and any approvals herein con- tained, shall be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 27th day of September, 1983. '~~HE~ ATTEST: ~E~ ~NAHEIM JLW : fm 1576M -3- ~- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 83R-388 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 27th day of September, 1983, by the following vote of the members thereof: ~ AYES: COUNCIL MEMBERS: Kaywood, Pickler, Bay and Roth NOES: COUNCIL MEMBERS: Overholt ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 83R-388 on the 27th day of September, 1983. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 27th day of September, 1983. CI~~H~IM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the origirtal of Resolution No. 83R-388 duly passed and adopted by the Anaheim City Council on September 27, 1983. ~:'..l,.~~ ~- CITY CL RK .~