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71R-335 RESOLUTION NO. 71R-335 ....-.. . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AFFIRMING CONDITIONAL USE PERMIT NO. 658 AND INTERPRETING THE TERMS THEREOF. WHEREAS! the City Planning Commission of the City of Anaheim did receive an application for a Conditional Use Permit from William D. Lusk as agent for Lusk Corporation, owner, to establish a church and Christian Educational Facilities on the following described property situated in the City of Anaheim, County of Orange, state of California, to wit: That portion of the land a1loted to the heirs of Leandro Serrano, in section 9, Township 4 South, Range 9 West, in the City of Anaheim, County of Orange, State of California, as shown on the map of Partition of the Rancho Santiago de Santa Ana, recorded in book "Bit of Judgments of the 17th Judicial District Court of California, described as follows: Beginning at the southerly terminus of that certain course in the easterly boundary of Tract No. 5499, as shown on a map recorded in book 201 pages 46 and 47 of Miscellaneous Maps, in the office of the county recorder of said Orange County, shown thereon as having a bearing of North 20 25' 3511 East and a length of 206.84 feeti thence along said easterly boundary North 20 25' 35u East 206.84 feet; thence Nortll 5"0 37 I 35 H East 112.98 feet to the beginning of a tangent curve therein shrn~ as being concave to the West and having a radius of 309.88 feet; thence northerly along said curve 50.08 feet, a radial to said point bears North 960 22' 00" East; thence North 860 22' OOil East 167.62 feet to the beginning of a tangent curve: concave to the North and having a radius of 300.00 feet~ thence easterly along said curve 113.62 feet; thence tanqent to said curve North 640 40' OOil East 91.37 feet; th.ence South 250 20 rOO" East 26.00 feet:~ t11ence South 220 3D' OOn East 140.00 feet, thence South 500 50' 12" East 160.00 feet; thence Soutl'l 270 301 00" West 123.00 feet: thence South 10 291 24 n \o'lest 97. 00 feet to the intersection with a line having a bearing of South 880 3D' 36" East and which passes through the point of beginning; thence North 880 3D' 3611 lilest 510.00 feet to the point of beginning. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said application on December 17, 1964, notices of which said public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.76 of the Anaheim Municipal Code; and WHEREASr said Commission, after due inspection, investigation and studies made by itself did adopt its Resolution No. 1446, Series 1964-1965 approving Conditional Use Permit 658 subject to certain conditions therein set forth; and -1- . ",_. WHEREAS, subsequent to that time to wit: the Trinity Lutheran Church, the successor in interest of applicant therein, did request a clarification and inte.rpretation of the terms of Conditional Use Permit No. 658; and WHEREAS, pursuant to the City of Anaheim Planning Commission meeting of May 17, 1971, the city Planning Commission after due consideration set this matter for public hearing on June 2, 1971 and continued the same to June 14, 1971 to allow time for the presentation of further evidence herein; and WHEREAS, said City of Anaheim Planning commission did affirm, after further consideration of the evidence and reports offered at said hearing, Resolution PC 71-114 affi~ing Conditional Use Permit No. 658 as per Resolution No. l446, Series 1964-1965, subject to certain conditions therein set forth; and WHEREAS, thereafter within twenty-two (22) days from the date of the adoption of said resolution, a written appeal was filed with the City Council of the City of Anaheim protesting the affirming of the clarification of Conditional Use Permit No. 658 and said appeal was set for public hearing on July 27, 1971 at the City Hall in the City of Anaheim, and notices of such. public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.76 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 public 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 con- sideration of all 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 develop- ment 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 detr~ental 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. -2- NOW r THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that in interpreting the action of the City Planning Commission granting said Conditonal Use Permit, that said Conditional Use Permit No. 658 be, and the same is hereby affirmed permitting the establishment of a day school on subject property in conjunction with an existing church, subject to the following conditions and interpreting the terms thereof: 1. That the existing structure shall be brought up to 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 .~aheim, prior to the commencement of the activity authorized under this resolution. 2. That the existing driveway on Church Haven Way shall be barricaded immediately to preclude church traffic from using Church Haven Way. 3. That the existing driveway approach apron and entrance- exit to Church Haven Way shall be removed and replaced with standard curb and gutters. 4. That a 42-inch decorative masonry wall and/or dense landscaping shall be provided along the entire frontage of Church Haven Way; plans for said wall and/or landscaping shall be sub- mitted to the Development Services Department for approval. 5. That dense landscaping, including trees, shall be provided along the easterly property line adjacent to the area proposed for recreation purposes; plans for said landscaping to be submitted to the Development Services Department for approval. 6. That Conditions Nos. 3, 4, and 5, above mentioned, shall be complied with within 180 days from the date hereof or such further time as the Planning Commission and/or City Council may grant provided, however, that the commencement of the school use shall not be dependent upon completion of these conditions. 7. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim, marked Exhibit No.1, Revision No.1, and Exhibit Nos. 2, 3 and 4, in addition to the conditions set forth above. 8. That a maximum of 120 students shall be permitted in the Christian day school. The Ci~y Council hereby reserves ~he 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. . ............ -3- THE FOREGOING RESOLUTION is approved and signed by me this 27th day of July, 1971~ ATTEST: DEB M. DAOUST" CITY CLERK - - .... .... ..........--, By (.~~"'-7-'ta.... );1.. ~~~~.#~ Deputy CITY CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss . CITY OF .ANAHEIM ) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. '71R-335 was passed and adopted at a regular meeting of the City Council held on the 27th day of July , 19 7l, by the following vote of the members thereof: AYES: COUNCILMEN: Roth, Pebley, Thom and Ste.phenson NOES : COUNCIL~mN : None ABSENT: COUNCILMEN: Dutton Pro-Tem AND I FURTHER CERTIFY that the Mayor/of the City of Anaheim approved and signed said resolution on the' 27th day of July 1 19--I!. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this '2."'t.h day of July , 19 7l. DENE M. DAOUST, CITY CLERK .-... ' ~~ / ... -'. 0 . . . By ,-~~.)n.~ CITY CLERK OF THE CITY OF ANAHEIM Deputy (SEAL) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 71R-335 duly passed and adopted by the Anaheim City Council on July 27, 1971. DENE M. DAOUST, CITY CLERK /. .'\ a;:...... ~/ By (.....u~.~....' /JJ. ~a/~ City Clerk Deputy -4- FAL: kw ....__..,....oq - u