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1985-083RESOLUTION NO. 85R-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2607. 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 ANAHEIM CITY SCHOOL DISTRICT, owner and CHINESE BAPTIST CHURCH, agent, to permit a church facility upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 1 AS PER MAP FILED IN BOOK 185, PAGE 37, RECORDS OF SAID COUNTY. PROPOSED PARCEL MAP NO. 83-242, BEING A SUBDIVISION OF: PARCEL 1: LOTS 24 TO 29 BOTH INCLUSIVE AND LOTS 42 TO 58 BOTH INCLUSIVE, IN BLOCK D OF THE HOTEL DEL CAMPO TRACT AS SHOWN ON A MAP RECORDED IN BOOK 24 PAGES 69 AND 70 RECORDS OF LOS ANGELES, CALIFORNIA, TOGETHER WITH THE ALLEY ADJOINING SAID LOTS BOUNDED ON THE EAST BY THE SOUTHERLY PROLONGATION OF EAST LINE OF LOT 48, BOUNDED ON THE SOUTH BY THE WESTERLY PROLONGATION OF THE SOUTH LINE OF LOT 24, BOUNDED ON THE WEST BY THE SOUTH PROLONGATION OF THE WEST LINE OF LOT 58 AND ON THE NORTH BY THE SOUTH LINES OF LOTS 48 THRU 58 BOTH INCLUSIVE AS ORDERED CLOSED BY BOARD OF TRUSTEE OF CITY OF ANAHEIM, IN THAT CERTAIN RESOLUTION A CERTIFIED COPY OF WHICH WAS RECORDED SEPTEMBER 30, 1904 IN BOOK 108 PAGE 265 OF DEEDS; 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. PC84-248 granting Conditional Use Permit No. 2607; 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 `~` 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 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 find, after careful consideration of the action of the City Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waiver(s), that all of the conditions set forth in Section 18.03.040 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: 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. 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. -2- 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 granting said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 2607 be, and the same is hereby, granted permitting a church facility on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTION 18.04.042.020 - Minimum landscaped setback. AND 18.34.063.011 15 to 20 feet required adjacent adjacent to Broadway, Melrose and Olive Street; 3 to 14 feet proposed) subject to the following conditions: 1. 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 new commercial buildings. 2. a. That prior to commencement of the activity authorized under this resolution, or prior to issuance of a building permit for Phase 1 (Exhibit Nos. 1 through 3) of the proposal, whichever occurs first, the owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land 28 feet in width from the centerline of the street along Broadway and 44 feet in width from the centerline of the street along Olive Street for street widening purposes. b. That prior to issuance of a building permit for Phase 2 (Revision No. 1 of Exhibit Nos. 1 through 3) of the proposal, security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory relocation of the existing street facilities along Broadway and Olive Street such as curbs and gutters, sidewalks, street grading and pavement, sewer and drainage facilities, and other appurtenant work as required by the City Engineer and in accordance with specifications on file in the Office of the City Engineer. Said security shall guarantee the installation of the above-required improvements prior to any final building and zoning inspections for Phase 2. -3- c. If the City determines that the street improvements specified in Condition No. 2.b., above, are required prior to commencement of Phase 2 of the project and within a period of five (5) years from the date herein, the petitioner shall (as stipulated at the City Council public hearing) install the above-required improvements or pay for said improvements, as determined by the City Engineer, upon demand by the City. 3. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 4. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 5. That fire sprinklers shall be installed as required by the City Fire Marshall. 6. That prior to commencement of the activity authorized under this resolution or prior to issuance of a building permit for Phase 1 (Exhibit Nos. 1 through 3) of the proposal, whichever occurs first, street lighting facilities along Olive Street shall be installed as required by the Utilities General Manager in accordance with Specifications on file in the Office of Utilities General Manager, and that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City of Anaheim prior to approval of any building permit. The above-required improvements shall be installed prior to any final building and zoning inspections for Phase 2. 7. That a perpetual easement agreement for electrical purposes shall be submitted to the Planning Department and then be transmitted to the City Attorney's Office for review and approval. The precise location of said easement shall be determined by the Electrical Engineering Division. The approved agreement shall then be filed and recorded in the Office of the Orange County Recorder, and a copy thereof shall be provided to the Planning Department. 8. That subject property shall be served by underground utilities. -4- 9. 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. ~~° 10. That all air conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent properties. 11. That the proposal shall comply with all signing requirements of the RM-1200 Zone, unless a variance allowing sign waivers is approved by the Planning Commission or City Council. 12. 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. 13. 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 (Phase 1) and Revision No. 1 of Exhibit Nos. 1 through 3 (Phase 2). 14. That prior to the commencement of the activity authorized under this resolution, or prior to issuance of any building permit, or within a period of one year from the date of this resolution, whichever occurs first, Conditions Nos. 1, 2.a., and 7, 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. 15. That prior to the commencement of the activity authorized under this resolution for Phase 1 or final building and zoning inspection, for Phase 1, whichever occurs first, Condition Nos. 3, 4, 5, 8, 10, 12 and 13, above-mentioned, shall be complied with. 16. That prior to final building and zoning inspections for Phase 2, Condition Nos. 2.b. and 6, above mentioned, shall be complied with. ~-~ 17. That no school activities of any kind, other than Sunday School classes, shall be permitted, unless a conditional use permit allowing such use is approved by the Planning Commission or City Council. -5- 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 12th day of February, 1985. /~!. MAYOR OF THE CITY OF ANAHEIM ATTEST• CI Y CLERK OF THE CITY OF ANAHEIM JLW:pm 2542U" -6- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 85R-83 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 12th day of February, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 85R-83 on the 12th day of February, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 12th day of February, 1985. _~:~~-~. CITY CLERK OF THE CITY OF ANAHEIM (SEAT,,) I, LEONORA N. SOIL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 85R-83 duly passed and adopted by the Anaheim City Council on February 12, 1985. ~C.. CITY CLERK