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86R-305 RESOLUTION NO. 86R-305 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING CERTAIN CONDITIONS OF CONDITIONAL USE PERMIT NO. 2738. WHEREAS, on February 25, 1986, the Anaheim City Council, by Resolution 86R-79, granted Conditional Use Permit No. 2738 to Euclid Street Baptist Church of Anaheim, Inc., 1408 South Euclid Street, Anaheim, California 92802, Attn: Christopher Lowther, owner, upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 1: THE WEST 250 FEET OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LAS BOLSAS, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, LYING SOUTHERLY OF THE SOUTH LINE OF THE PROPERTY CONVEYED TO R. B. HATFIELD AND MAMIE J. HATFIELD, HUSBAND AND WIFE, BY DEED DATED JULY 18, 1955 RECORDED AUGUST 5, 1955 IN BOOK 3164 PAGE 361, OFFICIAL RECORDS, AND WESTERLY OF THE WEST LINE OF TRACT 1454, RECORDED IN BOOK 175 PAGES 38 AND 39 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY. EXCEPTING THEREFROM ANY PORTION OF SAID LAND INCLUDED WITHIN EUCLID AVENUE. PARCEL 2: THAT PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LAS BOLSAS, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, LYING WESTERLY OF THE WEST LINE OF TRACT 1454, RECORDED IN BOOK 175 PAGES 38 AND 39 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LAS BOLSAS, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51 PAGE 7 ET SEQ., OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, AND RUNNING THENCE EAST ALONG THE NORTH LINE OF SAID SOUTH HALF, 1313.71 FEET TO THE NORTHEAST CORNER OF SAID SOUTH HALF; THENCE SOUTH ALONG THE EAST LINE OF SAID SOUTH HALF, 6.74 FEET TO THE NORTHEAST CORNER OF THE SOUTH 20 ACRES OF THE SAID SOUTHWEST QUARTER; THENCE WEST ALONG THE NORTH LINE OF THE SAID SOUTH 20 ACRES, 1313.71 FEET TO THE NORTHWEST CORNER OF THE SAID SOUTH 20 ACRES; THENCE NORTH ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER, 6.74 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ANY PORTION OF SAID LAND INCLUDED WITHIN EUCLID AVENUE. PARCEL 3: THE NORTH 60 FEET OF THE WEST 250 FEET OF THAT CERTAIN LAND SITUATED IN THE RANCHO LAS BOLSAS, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51 PAGE 7 ET SEQ., OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 4 SOUTH, RANGE 10 WEST, AND RUNNING THENCE NORTH ALONG THE WEST LINE OF SAID NORTH HALF, 222.86 FEET; THENCE EAST 656.92 FEET TO A POINT WHICH IS 895.21 FEET NORTH OF THE SOUTH LINE OF SAID SOUTHWEST QUARTER; THENCE NORTH PARALLEL WITH SAID WEST LINE 99.55 FEET; THENCE EAST, 656.92 FEET TO A POINT ON THE EAST LINE OF SAID SOUTHWEST QUARTER WHICH IS 994.76 FEET FROM THE SAID SOUTH LINE; THENCE SOUTH ALONG SAID EAST LINE 324.81 FEET TO THE SOUTHEAST CORNER OF THE SAID NORTH HALF; THENCE WEST ALONG THE SOUTH LINE OF THE NORTH HALF, 1313.71 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ANY PORTION OF SAID LAND INCLUDED WITHIN EUCLID AVENUE. ALSO EXCEPTING THEREFROM ALL OIL, GAS, AND OTHER HYDROCARBON SUBSTANCES IN, UNDER AND/OR THAT MAY BE PRODUCED FROM A DEPTH 500 FEET FROM THE SURFACE OF SAID LAND TO A DEPTH OF 500 FEET BELOW THE SURFACE THEREOF, AS RESERVED BY NORMAN LESTER BUTLER, JR. AND WIFE, IN DEED RECORDED APRIL 17, 1962. PARCEL 4: THAT PORTION OF THE WEST HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LAS BOLSAS, CITY OF ANAHEIM, AS SHOWN ON A MAP FILED IN BOX 51 PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID NORTHWEST QUARTER, SAID POINT BEING DISTANT 222.86 FEET FROM THE SOUTHWEST CORNER OF SAID NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID -2- SECTION 21; THENCE NORTH ALONG SAID WEST LINE TO A POINT THAT IS DISTANT NORTH 1011.71 FEET FROM THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 21; THENCE EAST 656.92 FEET TO A POINT THAT IS DISTANT NORTH 1016.51 FEET FROM THE SOUTH LINE OF SAID SOUTHWEST QUARTER; THENCE SOUTH TO A POINT THAT IS DISTANT EASTERLY 656.92 FEET FROM SAID WEST LINE AND NORTH 895.21 FEET FROM THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 21; THENCE WESTERLY 656.92 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL CRUDE OIL, PETROLEUM, GAS, BREA, ASPHALTUM, AND ALL KINDRED SUBSTANCES AND OTHER MINERALS BELOW A DEPTH OF 500 FEET BUT WITHOUT ANY RIGHT OF ACCESS ON THE SURFACE OF SAID LAND, OR ANY RIGHT OF ENTRY ON ANY PORTION THEREOF LYING ABOVE A DEPTH OF 500 FEET BELOW THE SURFACE FOR ANY PURPOSE WHATSOEVER, AS RESERVED IN DEED TO W. C. BRYANT, A MARRIED MAN, RECORDED APRIL 24, 1962 IN BOOK 6085 PAGE 266, OFFICIAL RECORDS. PARCEL 5: THE NORTH 100.00 FEET OF THE WEST 253.60 FEET OF THE NORTH 10.00 ACRES OF THE SOUTH 20.00 ACRES OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE 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. PARCEL 6: THAT PORTION OF LOT 1 OF TRACT NO. 3303, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 110 PAGES 33 AND 34 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WEST OF A LINE THAT IS PARALLEL WITH AND DISTANT EAST 253.60 FEET FROM THE WEST LINE OF SECTION 21, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LAS BOLSAS AS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS; and WHEREAS, thereafter, pursuant to a request by an interested party for amendments to certain conditions of Conditional Use Permit No. 2738 under Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code, the Anaheim City Council duly noticed a public hearing for July 1, 1986, on said request; 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 -3- that: WHEREAS, the City Council reaffirms its earlier findings 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 reaffirm its findings regarding said requested waivers, that all of the conditions set forth in Section 18.06.080 of the Anaheim Municipal Code are present and that said waivers should be granted, for the following reasons: 1. The variance(s) will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect the adjoining land uses; and 2. The granting of the variance(s) under the conditions imposed will not be detrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim. WHEREAS, the City Council does further find, after careful consideration of all evidence and reports offered at said public hearing, that the amended conditions, as proposed, do not materially alter the findings previously made above and are necessary for public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, that the Conditional Use Permit No. 2738 be, and the same is hereby, amended by imposition of the following amended conditions in the place of the conditions imposed by Resolution 86R-79: 1. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes for 100 feet along Euclid Street and 200 feet on Buena Vista Avenue in an amount as determined by the City Council (the CL portion). -4- 2. 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 each new dwelling unit. 3. That the owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a 15 foot property line radius at the northeast corner of Euclid Street and Buena Vista Avenue for street widening purposes. 4. That sidewalks, including access ramp, shall be installed along Euclid Street and Buena Vista Avenue as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 5. That within a period of ninety (90) days from the date of this resolution, access, parking and circulation plans (including possible driveway closures of Euclid Street and Edda Lane, either temporary or permanent) shall be approved by the City Traffic Engineer for the existing pre-school, church, and elementary school and the proposed Hope University. Further, that the Edda Lane access shall be closed by July 1, 1986, subject to approval by the City Traffic Engineer. 6. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 7. That subject property shall be served by underground utilities. 8. 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. 9. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 10. That the owner of subject property shall pay to the City of Anaheim a fee for street lighting along Buena Vista in an amount as determined by the City Council. 11. That prior to issuance of a building permit, primary water main fees shall be paid to the City of Anaheim, in an amount as determined by the Office of the Utilities General Manager. 12. That plans shall be submitted to the Building Division showing compliance with 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 Anaheim. The appropriate permits shall be obtained for any necessary work. -5- 13. That 6-foot high block walls shall be permanently maintained adjacent to the interior northerly, easterly and southerly property lines, including construction of a 6-foot block wall to replace existing wood fencing along the property lines abutting 4 single-family residential lots to the north. 14. That no later than September 30, 1986, both portable classroom trailers shall be removed to restore the required on-site parking and circulation. 15. That prior to the issuance of a building permit for the 8-unit housing facility, the existing Declaration of Restrictions, recorded on February 17, 1962, and required in conjunction with Reclassification No. 61-62-26, shall be appropriately amended to remove the existing business and professional office land use restrictions, provided however, that if said building permit is not sought until after February 17, 1987, said land use limitations will have expired in accordance with the terms of the Declaration and are no longer in effect. 16. That prior to issuance of a building permit, appropriate park and recreation in-lieu fees shall be paid to the City of Anaheim in an amount as determined by the City Council. 17. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view, and the sound buffered from adjacent residential properties. 18. 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. 19. 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, except as otherwise required herein. 20. That the use granted under this permit shall be restricted to Hope University for a maximum of one hundred (100) gifted mentally retarded adults; and that the petitioner shall record a covenant within a period of ninety (90) days from the date of this resolution, guaranteeing that said conditional use permit shall terminate upon the sale of subject property by Hope University. Said covenant shall be approved by the City Attorney's Office and recorded at the Orange County Recorder's Office and proof thereof shall be furnished to the Planning Department. 21. That prior to the issuance of a building permit for the 8-unit housing facility, the existing pre-school and elementary school uses shall be wholly terminated from subject property. -6- 22. That prior to issuance of a building permit, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 10, 11, 12, 13, 16, 18 and 21, 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. 23. That prior to final building and zoning inspections, Condition Nos. 4, 6, 7, 9, 17, 18 and 19, above-mentioned, shall be complied with. 24. That the maximum enrollment at Hope University shall not exceed one hundred (100) students. 25. That by September 15, 1986, the existing elementary school shall be wholly terminated from subject property. 26. That by September 15, 1986, the existing pre-school shall be wholly terminated from subject property. 27. That the existing church use (Euclid Street Baptist Church) shall terminate within three (3) years from the date of this resolution, or by July 1, 1989, whichever is later; provided, however, that after said termination, church and Sunday school activities may be conducted on the property on Sundays, Christmas Eve and Christmas Day with a maximum church service attendance of 250 persons. A covenant so restricting such use shall be submitted to and approved by the City Attorney prior to recordation. Proof of recordation shall be furnished to the Planning Department within 90 days from the date of this resolution. 28. That no portion of Hope University shall commence on subject property until after September 15, 1986, when the elementary school is wholly terminated. 29. That occupancy of the 8-unit residential facility shall be limited to students, staff, and/or immediate family members of Hope University students; and that a covenant so-restricting such use shall be submitted to and approved by the City Attorney prior to recordation. Proof of recordation shall be furnished to the Planning Department prior to issuance of a building permit for such facility. 30. That all north-facing windows on the second floor of the buildings used for classrooms and administration, and located along the north property line, shall be permanently closed. 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 -7- 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 1 day of July, 1986. MA AT~ ~d ~ r ./C CI ~THE CITY OF ANAHE M .JWF : fm 5537M 071886 -8- CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 86R-305 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 1st day of July, 1986, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Overholt, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Bay AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 86R-305 on the 1st day of July, 1986. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 1st day of July, 1986. ~~ /(s;;d CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 86R-305 duly passed and adopted by the Anaheim City Council on July 1, 1986. ~~ /(~ CITY CLERK