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PC 72-81RESOLUTION"N0. r~i~ ai A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM THAT PETITION FOR CONDITIONAL USE PERMIT 1296 gE DENIED WHEREAS, the City Planning Commission of the City of Anaheim did receive a verified Petition for Cou- ditional Use Permit from g~OTHF.RS INVESTMENT COMPANY, Attention of .7ol~n E. Edminston, 710 West Yinehurst Avenue, La Habra, California 90631, Owner; COLONIAL BIBL~ CHURCH, 1916 West Ball Road, Anaheim, California 92804, Agent of certain real property situated in the City uf Anaheim, ~ounty of Orange, State oi California, as described in Exhibit ":." attached hereto and referred to herein as though set forth in full ; end WHEREAS, the City Planning Commission did hold a public hearing at the City Hell in the City of Aneheim an May 1, 1972 et 2:00 o'clock P.M•, notice of seid public hearing having been duly given as required by law and in accordance with the pcovisions of the Anaheim Municipal code, Chapter 18.64,to hear and consider evidence Eor and against said proposed conditionel use and to investigate and meke findings and recommendations in connection therewith; and WHEREAS, seid Commission, after due inspection, investigation, and study made by itselE end in its be- halE, and aEter due considecation of ell evidence end reports offere~i at seid hearing, does find and determine the following Eacts: 1. That the proposed use is properly one for which a Conditionel Use Petmit is authorize3 by Code Section 18.64.020(1-c) to wit: establish a church. 2, That the City of Anaheim, upon annexation of the Peralta Hills arPa made an agreement to retain said area in its rural residential atmosphere and the pruposed use would be a non-residential use encroaching into the area. 3, That in order to maintain the integrity of the City of Aneheim and to insure that the good faith of its citizens is retained, the snnexation agreement made by the City to the residents of Peralta Hilis should be honored. G, That under City Council Policy No. 2U7, residents of the area were assured that the rural amenities of the area would be retained by not requiring the standard City curbs and gutters for streets; however, with the use proposed, on-street parking could be anticipated which would be extremely hazardous in this area where streets are consi- derably narrowex than standard city streets. 5. That the R-E Zone had a 35-foot height limitation which would restrict this church facility in constructing a typical church spire. 6. That the proposed use will adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 7. That the size and shape of the site propused for the use is not adequate because of topography and terrain to allow the Cull development of the proposed use in a manne: tcot detrimental to the particular area nor to the peace, health, safety, and general welfare of the Citizens of the City of Ananeim. 8. That three persons appeared, representing 12 persons present in the r,ouncil Chamber, and a petition signed by 144 residents of the area was received, all in oppo- sition to subject petition. CI-D ' 1- f ' •,~,- ' - .. I 1' .. , '_., ~ ~ ' ' . . ~ . . . . ~ ~°'~~~J:Y~ ~~' t i~>?,, ~. ~ :. . . ~ Title lnsurance an~ Ti~ust Cornpany ~- _ ~ BGO NORTN M\IN STREET • P. O. BOX BB •:ANTA ANA, CALIFORNIA 02702 •. TELEPHONE (714) Sd7•3333 .' ~~ ~ . , ' ~ ~ ` ~ . I I ' . . OUR ORDER N0..510235 ~ ~ - ' LLOYD M, HAUGELAND REVENUE OFFICER . THE C1TY FINANCIAL CENTER SUITE 221 • ~4 ., TWO CITY BLVD. EAST - ~ ' ~ _ {:; ORANGEo CALIFORNIA - ~ , ~; } ~' ' IN RESPONSE TO THE A80VE REFERENGED APPLICATION FOR A PO~ICY OF TiTLE.,, ',~; I' INSURANCEo TITLE iNSURANCE AND TRUST COMFANY HEREBY REPORTS THAT IT ;`''' : IS PREPARED TO ISSUE~ OR CAUSE TO BE ISSUEDo AS OF THE DATE rEREOF~ :;=;'~',`':''` "' ~~ A CALIFORNIA I_AND TITLE ASSOCIATION STANDARD COVERAGE FORM POLICY. OF .',:..:~~`: ~:;',::j "~~,~,~~ 7ITLE INSURANCE DESCRIESING THE LAND AND THE ESTATE OR INTEREST . "..'~~==t ~;-"i ;~ THEREIN HEREINAFTER SE? FORTH INSURING AGAINST LOSS WHICH MAY BE ~•~~ ~~7.>~`• SUSTAINED BY REASCN OF ANY DEFECT~ LIEN OR ENCUMBRANCE NOT SNPWN OF . ,,:`=~- I t>,. ; ~. \ ~: ~ REFERRED TO AS AN EXCEP7ION BELOW OR NOT EXCLUDED FROM COVERAGE: ~~ ` PURSUANTITO THE PR1NT[D SCHEDULES~ CONDITIONS AND STIPULATIONS CF ~~ -' SRTD POLICY FORM• • l• ~~~~• J 41•` ~`` :THIS RtPORT~ AND ANY SUPP~EMENTS OR AMENDMENTS THERETO~.IS 155UEp };;'; `' SOLE'tY FOR THE PURPOSE OF FAi.ILITATING THE ISSUANC~ OF A NOLICY OF -~'~"~ , + , , w± '.~ :,~~ TITLE INSIJRANCE AND NO LIABILI7Y IS ASSUMED HEREBY. IF IT .IS ,::;:j •r:DESIRE~J TNA7 LIRBILITY BE ASSUMED PRIOR TO TH~ ISSUANCE OF A POLIC~ .'.•:; ,i;' `:_.,OF TITLE INSURANCE~ A BINDER OR CO~dMITMENT SHOULD BE REOUESTED. _''.+z '~ : ~ ~ . ~ ~ `~ ',, 'DATED AS OF 7:30 ON FEBRUARY 11~ 1972. 1` ~,.'+ i.,. . ,',t~, :i° .. .. ;~' ::2 ~iir ~ . . . . . ., ~„i (}' ', . K CONNOLLY~~TITLE OFFY ~R ~ ~ ~~ ': ~ ~ ~'4 . . . ' _ ~ .. . i ?; THE ESTATE OR INTERE9T IN 1'hiE LAND HEREINAFTER DESCRIBED OR ;,~•~, REI;ERRED 70 COVERED BY THIS REPORT IS: , , . • , . .. I +.. ~ A FEE. . :d'. I ~,:+~.'s % ~ ~ ' ~7 18 1 9 20 2/~ . a",•`~:.'~..TiTLE TO SAID 'ES7ATE OR INTEREST AT THE DA7E HEREOF i~ ~ES~ b IN: c2 ; t,t x: . ~ ~. .n 4iP . ~~ ~ L;~~'!',.~''. . N ~Q~ (C~ ~~'~ ., ~ ;.. ~i '`~~~%~~' KENNETH H. BR04lN ET AL. ANG ROSALIE BROWN HUSBAND AND FF~7~jS~'~0~'~lT ~" r .. ~ ~ ~` ~y ~~ ~ -'y~~ TENANTS~ AS TO AtJ UNDIVIDED ONE~FIFTEENTH C1/15) INTEFES ~ ~ry~.,.4t~` • ,~~, _ 1 ~~: _~ ;,:~~.; ~ ~AMES 0. COFFER PND VELMA J. COFFER HUSBAND AND WIFE AS ~'N7 TENA~7T ~ ~• AS TO AN UNDIVIDED ONE--FIFTEENTH C1/15) INTERES7, S~~~C~~~L ~;.'., .: . . ~ ~, p,.:. , CUivD. USE FERiVf}7 ~!~. -_ ~~~ ,:. 510235 PAGE 1 ; .` , . . ' . , . _ . . :. ,, __.._.._--._. . _. ~- :..__.__..--~--.,....._..__ . ._.. __.._._..__ . .._--- - ... --- - --~ --- _----------- --- ---- ~ _.. --- ROE3cRT La GOFFER, AtJ UNMARRIEQ MANy AS 70 AN UNDIVIDED ONE-FIFTEENTH . (1/15~ INTEREST. ' StiERhlAtJ COREY AND IVY E. COReY' HUSBAD!D AND WIFE AS JOItJT TENANTSy I i AS TO AN UNDIVIDED ONE~FIF7EENTfi (1/15) INTEREST. JOHN Eo EDMISTON AND CHARLEENE B. EDMIS7UN~ HUSQAND AtJD 4~iFE AS JO1NT TENANTSD AS TO AN UNDIVIDED ONE--FIFTEENTH (1/15~ IN7EREST. ~. ' .. . '~~ . -• - ' , _. _ _ ----------_____ _ -- _ _ BRYAN E. GATEWOOD ANp BEATRICE Re GATEWOODo HUSBAND AND WIFE AS.. ~ t ~' -- -- _. JOINT TENANTS' AS TO AN UNDIVIOED ONE-FIFTEENTH (1/15) INTERFST. ; . - -- -- ~ __ _. . _ , _._ --- - -___ _ ,. ' '~ ~_ PNILLIP Bo DUFFIELQ AND MARGARET C. 'DUFFIFLD~ HUSBAND AND WIFE AS ' '` JOINT TENANTSD AS TO AN UNDIVIDED ONE-FIFTEENTH (1/15~ INTEREST, . S. . f~ HARQLD Wo JOHNSON AND HELEN S. JOHNSONy HUSBAND AND WIFE AS ~~ ~';; JOTNT TENANTSy AS TO A~J UNDIVIDED ONE-FIFTEENTH C1/15) INTERESTe',' '"' ,. , .... - . _ ?_ .. .- -- --~ _ _ . . ROLF G. LUDWIG AND BARBARA V. LUDWIG~ HUSBAND AND WIFE AS ~ • ~ -~• -~: ':', t ~ JOINT TENANTS~ AS TO AN UNDIVIDED ONE~FIFTEENTH (1/15) IN1'EREST. i ' ~ °`~, ,F Z., ~ . , . . . ~ ,s:4 ~ RICHARD A. NAGY AND INGRID B. NAGYD HUSBRND AND WIFE AS • ~~,' ,.",.- ~•; JOINT TENANTS~ AS TO AN UNDIVIDED ONE-rIFTEENTH (1/15) IN7EREST. ~~ ,~ +- • '.. ~; ~},~ HARRY H. NIEHOUSE AND EVA NIEHOUSEp HUSBAND AND WIFE AS ~•`.k " ~ .JOINT TENANTSo AS TO AN UNDIVIDED ONE-FIFTEENTH (1/15~ INTEREST. y::, y :.• ` 5 ' °:' - : ;,. .. !:;.' ,, WENSTON L. PETERSON AND RUTH N. PETERSON~ HUSBAND AND WIFE AS ...~. ~ ~ , ~~ ~':: . ~•. " ~~ ` .. ~. JOINT TENANTS~ AS "TO AN UNDIVIDED ONE-FIFTEENTH (1/15) INTEREST. ~%' :'r ~':' . . '"':' •::~ o _. ' IRA De SMITH AtJD DORIS Mo SMITH, HUSBAND AND W1FE_AS ~~a~;~ ~ --3..;.'"` JOINT "TENANTSa AS~ T6 AN ~UNDIVIDED ONE-FIFTEENTH (1/15) INTEREST. . ' ~ .~~'• .;'.'••. : '.?l; p ' ~ '~! ~ , : . • ~ ¢ :. : '~~' ~ JtiHN CHARLES~~STANLEY AND ELOISE L. STANLEYo HUSBAND AND WIFE AS , • , . . `~ ' ~~`;.- , JOINT TENANTS~ AS TO AN UNDIVIDED ONE~FIFTEENTH C1/15~ INTEREST. ~~, ~1.~; ' ::'~^~ ~ ':=':'~~ '' ~' • ~ .~ DONALD L. DIETSCH AND WILMA G. DIETSCH~ HUSBAND AND WIFE AS ,. ~ ~!A <% r': E° JOINT TENANTS~ AS TO AN UNDIVIDED ONE-FIFTEENTH (1/15) INTEReST~ ~ ~ ' tf s~. BY DEED DATEG JUNE 30y 1965 WHICH RECI7E5 AS TENANTS IN COMMCN; ~~ 'i .;, SUBJECT TO THE EFFECT OF THF AGREEMENT HEREINABOVE SHOWN AS EXCEPTION 7 ~~ ' 5~ , - ~ ' ~ ;?.•:; AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITIQN TO THE ~;:-.;,2 • . y~ PRINTEO EXCEPTIONS AND EXCLUSIONS COy7AINED IN SATD POLICY FORM • ~~` WOULD BE AS FOL~OWS: }•;;•' ;r• ~.p`~' '' ~ V ~ ' 11 ~ . . . . !i ~ N' . ^ ` i ' ' ' . :~~,: _., . ~.1; ' TAXES TO FOLLOW. 9,,:~ ~ c;`~ r ~`~~~ o i ;~. ~ : v . . . ' ~{:1~r ;'i R ~ ~• ~~ ~ ; L ~ ll~.... . ~.. . . ~ 4? .. . ~ (Q B ...w~ . ~ ! y ti,;u . 4~`' •''. ~ 2. AN EASEMENT FOFc PRIVATE ROAD AND A RIGHT OF 41AY TO CONSTRUGSI~FANa°~ ' ;.:';~ MAINTAIN PIPE LINESa AS REScRVED IN THE DEED FOR SAID LOT 16 FROM . :`:',° S : •' BIXBY DEVELOPMENT COMPANY TO DORA MURPHY~ RECORDED MAY 1~ 1971 IN :'. _., i:;~; . , ~ . USE °E~~~~'T ~dt`. . ( ~~~.---- ... . COND. . • 510235 PAGE 2 ~; •. ~ . . :::~ -- --- -----~ ~--- ----_:. a . . , ... aesc.~~ rrior~ LO? I6 AND THE N~RTH 2O,00 FEET OF LOT li1 OF TRACT N0. 58a ,- PEP.ALTl1 H11.L5 7P.{iCT ~d0o !,. IN TH~ CITY OF ANAFIEIM, COUNTY OF ' ORANGE,, STATt OF CAL3FORNIAy AS SHOWN ON A MAP RECORD[D 1N BCOK , 10, PAGE 6 OF MISCEL~ANEOUS MAPS~ IIJ THE OFFIGE OF THE COUNTY '~ RECORDER OF SAID COUNTI, EXCEPT THAT PORTION OF SAIO LOT 1G LYIN6 NORTHWESTERI.Y OF THE ~ FOLLOWING UESCRIE3ED LINEo .. ;,, '; , I3EGINNING AT A POINT ON THE 4JESTERLY LINE OF SAID LOT~ DISTA~IT SOUTH . 13° 55' Sd'~ EAST, 134,61 FEET FROt4 THE 1NTERSECTION WITN THE , ;; I: SOUTHFASTERLY LINE OF SANTA ANA CANYOM ROAD AS GESCRIBED IN DEED RECORDEU IN BOOK 171~ PAGG 14k, OFFICIAL RECORDS; THENCE NORTH - 62° 57' 22" EAST,. 367029 FEET TO A POIPJT ON THE WESTERLY LINE OF THE PRIVATE ROAD~ 20 FEET WIDE~ AS SHOWN ON THE MAP OF SAID , '~~..~~% 'r TRAC7 NOo 58, DISTANT THEREON AND ALONG THE NORTHWcSTERi.Y .. r PROLONGATION THEREOF~ SOliTfi 32° 49' 48" EAST~ 246,68 FEET FROM ' •~ '•" THE [N'iERSECTION THEREOF WITH THE SAID CENTER LINE OF SAID .~,'~ ~:.` ~ ~ SANTA ANA CANYON ROAD e .`~ ' ' ~ " + ' ` ,•. ~ ~'1 ;':~ ~~ ALSO EXCEPT THAT PORTION OF SA1D LOT 16~ DESCRIBED AS~FOLLOWS:~ ;;t; 4; ~ r~. • , . .,~; s; - , . i•_ ~•, BEGINNING AT THE MOST EASTERLY CORNER OF THE LAND CONVEYED TOµ ~~; `' ' THE STATE OF CALIFORNIA BY DEED RECORDED IN BOOK 1632y PAGE 155. '±:'•i ~+,,-! ~ OF OFFICIAL RECORDS~ SAID POINT BEING IN THE EASTE.RLY ~INE OF ,:;'„'.;~~: ~~j ~~ THAT CERTAIN P^.IVATE ROAD~ 20 FEET WIDE~ AS SH04lN ON SAID MAP~ ,~,.. : ,; ~:.!~,".. 7HENCE ALONG SA~ID EASTERLY LINE SOUTH 32° 07' 26" EAST~ 132,01 `~ .• ~,' •'` ~~:~.,,:.'~FEET T0. A NaN-TANGENT CURVE CONCAVE NORTH4lESTERLY AND HAVING A ' .~''~~` '°• ~ ~,; ; ;, < ~ ~.: .; ~~" RADIUS OF 3200 FEET; THENCE SOUTH4lESTERLY ALONG SAID CURVE~ FROM.;' ~~ y A TANGEN7.41H•ICH E3EARS SOUTH 55° 35' 12" WEST, THROUGhi AN ANGLE ~ ~~'~ OF 7° 30' S3."~ AN ARC DI~STANCE OF 419,70 FEET 70 THE WESTERLY • " ~•.~~', . . :~'F ;.;.,.,, l1NE OF SAID LOT; THENCE ALONG SAID WESTERLY LINE NORTH 13° ;,~~ 14' li't WEST~ 167.21 FEET TO THE hi05T SOUTHERLY CORNER OF SAID ' ~ ~'•~/~~"'~ LAND; THENCE NORTHEASTERLY A:..ONG THE SO~i'iHEASTERLY LINE OF SAID,_ '. ,'~/':;`;' ~::•.i ~" LAND TO 7HE POINT OF BE~;NNINC, , • ~. . .. a' .: y,' ~ALSO EXCEPT ALL OIL~ 6A5y AND O.l`HER HYDROCARBON SUBSTANCES IN~ '- ~~,~ t";`.,r',; UNDER, AND/OR 7HAT MAY 8E PRODUCED FROFS A DEPTH OF 500 FEET y~`~+ =' FRO~d THE SURFACE r+F SAID LAND~ EXCLUDING~ H041EVER~ ANY USE OF ` ~ . OR RIGHT IN OR TO ANY PORTION OF Tt-IE SURFACE OF SAID LAND TO ~r"~,rv`~' ~,22 ,' ' A DEPTH OF 500 FEET BEI_OW THE SURFACE~ AS RESERVFD BY V. J ~~ ~~ LA FORCE IN THE DEED 70 JOHN E. EDMISTON f~ECORDED MAY 4, 196~5~ rj,. S'7~`~~' ,`• s> x~:.-:-IN BOOK 7507 PAGE 33 OF UFFICIAL RECORDS. ^, ~;~~,:~'~ . V3 i=~. . ~. ~. u <;, . ~~,.;: , c''`'- . ,~ t;:..; `~` °, r~~rY~~GfiQ~. ~~ . . ~~: •. ": , ' ~, o,j, • . ~ 1. , .=;°j . .. ~ _. ~ ~~o_ 0°~1 . . r~ .. ,: : ` ' zL~~y_ . . _ ~ k~.::, • : • . ' ~. ; ~:~;"', ~. GOf~iD. 1~St i'ERI~IT f~lU.~~ ~ ~ i. .. 510235 PAGE S " ' ~ ~ . NOW, THEREFORE, SE IT RESOLVED thet the Anaheim CIty Plenning Commission does hereby deny subject Petition for Conditionel Use Peimit on the basis of the aforementioned findings. THE FOREGOING RE~iOLUTION is sigrted and epproved by me this llth da of May, 1972. / ~ CHAIRM ANAHEIM CITY PLANNING COMMISSION ATTEST: ~~~~ ,~ ~ SECRETARY ANAHEIIN CITY PLAATNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) s+s. CITY OF ANAHEIM ) I, Ann , Krebs, :, Secretery of the City Planning Commission oE the Clty of Anehelm, do hereby ccrtify thet the fora going resolution wes passed end edopted et e meeting of the City planning Commission ofthe CIty of Anaheim, held on May 1, 1972 , et 2:00 o'clock P.M., by the following vote of the members thereof: AYES: COMMISSIONERS: ALLRED, FARANO, GAUER, HERBST, KAYWOOD, SEYMOUR. NOES: COMMIS~IONERS: NONE, ABSENT: COMMISSIONERS: ROWLAND. IN WITNESS WHEREOF, I hxve heceunto set my hend this llth day of May, 1972. RESOLUTION NO. pC72-81 ~~~ iy~~ ~-/ SECRE:ARY ANAH IM CITY PLANI3ING :,OMMISSION C2-D _2_