86R-079
RESOLUTION NO. 86R-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2738.
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 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, 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. PC86-l7 granting
Conditional Use Permit No. 2738; and
-3-
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 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.
WHEREAS, the City Council does further find with regard
to the hereinafter specified proposed waiver(s) of Anaheim
Municipal Code requirements, other than the proposed waiver of
off-street parking requirements, as follows:
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; and
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; and
WHEREAS, the City Council does further find and
determine with regard to the proposed waiver of certain
off-street parking requirements that:
-4-
1. The variance 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 under the conditions
imposed will not be detrimental to the peace, health, safety or
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 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. 2738 be,
and the same is hereby, granted permitting (a) Hope University (a
school for a maximum of one hundred [100] gifted mentally
retarded adults); (b) an existing elementary school which is to
be relocated from the site within three years (July 1, 1989) with
decreasing enrollments each year; (c) a pre-school (for a maximum
of seventy [70] students) in conjunction with the existing church
and with both the existing church and pre-school to be phased-out
within three (3) years (by January 20, 1989); and (d) to
construct a 2-story, 8-unit housing facility in conjunction with
Hope University (construction of said housing facility not to
commence until the existing church and all students at the
existing elementary school and pre-school have been relocated
away from subject property) on the hereinabove described real
property with a waiver of the following provisions of the Anaheim
Municipal Code:
SECTION 18.04.042.020
Required setback for
playground. (25 feet
required adjacent to
Euclid Street; 15 feet
proposed)
SECTIONS 18.06.050.0121 -
18.06.050.266
18.06.050.0268
18.06.080
18.21.066.010
AND 18.44.066.050
Minimum number of parking
(282 spaces required
for combined land uses;
160 spaces proposed)
SECTIONS 18.04.043.101
18.21.064.090
AND 18.44.064.080
Maximum fence height. (36
inches permitted in setback
adjacent to Euclid Street;
6 feet proposed)
SECTION 18.44.062.011
Maximum structural height
adjacent to single-family
zoning. (11 feet permitted
for the proposed housing
facility; 23 feet proposed)
subject to the following conditions:
-5-
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).
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.
-6-
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.
13. That 6-foot high block walls shall be permanently
maintained adjacent to the interior easterly and southerly
property lines.
14. That within thirty (30) days from the end of the current
school semester and no later than July 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.l through 3.
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.
-7-
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.
22. That prior to July 30, 1986, final plans shall be
submitted to the City Planning Commission by the Euclid Street
Baptist Church, outlining the phasing out of the church and
pre-school by January 20, 1989. Said plans shall specify the
phase-out schedule and shall include the number of remaining
students in each phase.
23. 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, 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.
24. That prior to final building and zoning inspections,
Condition Nos. 4, 6, 7, 9, 13, 17, 18 and 19, above-mentioned,
shall be complied with.
25. That the maximum enrollment at Hope University shall not
exceed one hundred (100) students.
26. That by July 1, 1989, the existing elementary school
shall be wholly terminated from subject property. The student
enrollment shall be reduced, in phases, as follows:
(a) Maximum enrollment of 250 students through July 1 ,
1986.
(b) Maximum enrollment of 160 students through July 1 ,
1987.
(c) Maximum enrollment of 120 students through July 1 ,
1988.
(d) Maximum enrollment of 100 students through July 1,
1989, on or before which date the elementary school
will be terminated on subject property.
A covenant stipulating to the phased termination shall be
recorded in the office of the Orange County Recorder. Prior to
recordation, said covenant shall be reviewed and approved by the
City Attorney. Proof of recordation shall be furnished to the
Planning Department within 90 days from the date of this
Resolution.
27. That the existing pre-school shall be permitted in
conjunction with the church for a maximum of seventy (70) students
for a period no longer than three (3) years from the date of this
resolution.
-8-
28. 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.
29. That no portion of Hope University shall commence on
subject property until the elementary school enrollment is reduced
to no more than 160 students (July 1, 1986).
30. 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.
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 25th day of February,
1986.
MAY~HE~&
ATTEST:
6Lcc ~
CITY CLERK OF THE CITY OF ANAHEIM
JWF : fm
4880M
031286
_0_
..;
CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
I, LEONORA N. SORL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 86R-79 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 25th day of February, 1986, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Kaywood, Overholt, Pickler and Roth
NOES:
COUNCIL MEMBERS: Bay
ABSENT:
COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 86R-79 on the 25th day of February, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 18th day of February, 1986.
(SEAL)
I, LEONORA N. SORL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 86R-79 duly passed and adopted
by the Anaheim City Council on February 25, 1986.
~<Z 7(~
CITY CLERK