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2001-106RESOLUTION NO. ~001R-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2001-04333 FOR A PERIOD OF ONE YEAR. 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 to permit a church in an existing building upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION NINE, TOWNSHIP FOUR, RANGE 10 WEST, S.B.B. & M., IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHWESTERLY LINE OF THE RIGHT OF WAY CONVEYED TO THE STATE OF CALIFORNIA BY LOUIS BOOMS AND WIFE, BY DEED RECORDED ON MARCH 21, 1935, IN BOOK 743, PAGE 18 OF OFFICIAL RECORDS, WHICH POINT IS DISTANT 208.41' FEET MEASURED ALONG SAID SOUTHWESTERLY LINE FROM THE INTERSECTION WITH THE CENTER LINE OF LOARA STREET; THENCE CONTINUING NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LAND CONVEYED TO THE STATE OF CALIFORNIA, 316.03 FEET TO AN INTERSECTION WITH THE NORTHEASTERLY LINE OF THE RIGHT OF WAY OF SOUTHERN PACIFIC RAILROAD COMPANY, THENCE SOUTHEASTERLY ALONG SAID NORTHWEST CORNER OF THE TRACT OF LAND CONVEYED TO LOUIS BOOMS AND WIFE TO CHARLES 0. POTTER AND WIFE BY DEED RECORDED MARCH 28, 1930, IN BOOK 369, PAGE 88 OF OFFICIAL RECORDS THENCE EAST ALONG THE NORTH LINE OF SAID TRACT OF LAND CONVEYED TO CHARLES O. POTTER AND WIFE, 33.15 FEET TO A POINT DISTANT WEST 220 FEET MEASURED AT RIGHT ANGLES FROM THE CENTER LINE OF SAID LOARA STREET; THENCE NORTHEASTERLY A DISTANCE OF 80.67 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE FOLLOWING: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION NINE, TOWNSHIP FOURTH SOUTH, RANGE TEN WEST, S.B.B. & M., IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHWESTERLY LINE OF THE RIGHT OF WAY CONVEYED TO THE STATE OF CALIFORNIA BAY LOUIS BOOMS AND WIFE BY DEED RECORDED MARCH 21, 1935, IN BOOK 743, PAGE 18, OF OFFICIAL RECORDS, 102.14 FEET NORTH 77 DEGREES 49' EST, AS MEASURED ALONG A CHORD OF A CURVE HAVING A RADIUS OF 1540.00 FEET FORM THE BEGINNING OF SAID CURVE, WHICH END OF CURVE IS 223.93 FEET NORTH 79 DEGREES 43' 06" WEST, AS MEASURED ALONG THE SOUTHWESTERLY LINE OF SAID RIGHT OF WAY, FROM THE INTERSECTION OF THE CENTER LINE OF LOARA STREET WITH THE EASTERLY EXTENSION OF SAID SOUTHWESTERLY LINE, AND RUNNING FROM SAID POINT OF BEGINNING SOUTH 18 DEGREES 07' WEST 53.15 FEET TO THE NORTHEASTERLY LINE OF THE RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILROAD COMPANY, THENCE NORTH 57 DEGREES 12' 36" WEST ALONG SAID NORTHEASTERLY LINE, 205.07 FEET TOT HE INTERSECTION OF SAID NORTHEASTERLY LINE WITH THE SOUTHWESTERLY LINE OF SAID LAND CONVEYED TO THE STATE OF CALIFORNIA, THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE, 197.35 FEET TO THE POINT OF BEGINNING; 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. PC2001-32 granting Conditional Use Permit No. 2000-04333; 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 consideration 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. -2- 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 18.06.080 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: 1. That the variance, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use; and 2. That the variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use; and 3. That the variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with Section 18.06.010.020 of the Anaheim Municipal Code); and 4. That the variance, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for such use; and 5. That the variance, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. -3- WHEREAS, the requirement of the City of Anaheim for a conditional use permit for institutional uses involving the assemblage of large numbers of persons, including churches, furthers a compelling governmental interest in regulating the noise and traffic such uses can cause and which can be detrimental to the rights of surrounding property owners and occupants to the quiet enjoyment of such properties; and WHEREAS, such conditional use permit requirement, the requirement for adequate off-street parking to accommodate persons attending such uses and activities, and the specific conditions imposed in this resolution, are the least restrictive means of furthering that compelling governmental interest. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, that Conditional Use Permit No. 2000-04333 be, and the same is hereby, granted permitting a church in an existing building on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: Sections 18.06.050.020.026.0266 18.06.050.030.031 18.06.080 and 18.61.066.050 - Minimum number of Parkinq Spaces (38 required; 10 existing) subject to the following conditions: 1. That this conditional use permit shall expire one (1) year from the date of this resolution, on April 24, 2002. 2. That three (3) foot high address numbers shall be displayed on the roof of the building in a color contrasting to the roof material. The numbers shall not be visible to any streets or adjacent properties. Said information shall be specifically shown on plans submitted for building permits. 3. That all existing water services shall conform to current Water Utility Standards. Any existing water services that are not approved by the Utility for continued use shall be upgraded to current standards, or abandoned by the property owner/developer. If the existing services are no longer needed, the property owner/developer shall abandon them. 4. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the current versions of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. Said -4- information shall be specifically shown on plans submitted for building permits. 5. That the existing structures shall comply with the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes, as adopted by the City of Anaheim. Said information shall be specifically shown on plans submitted for building permits. The appropriate permits shall be obtaining from the Building Division. 6. That there shall be no accessory day care facilities or private schools permitted on this property. 7. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 8. That signage for subject facility shall be limited to that shown on Exhibit No. 4, as submitted by the petitioner and approved by the Planning Commission. Any additional signs shall be subject to approval by the Planning Commission as a "Reports and Recommendations" item. 9. That the petitioner shall provide a minimum of three (3) potted plants be located in front of the building, as reviewed and approved by the Planning Department. 10. That no exterior amplified bells shall be installed or utilized in conjunction with this church. 11. That the trash barrels shall be stored out of public's view. 12. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement for public utility purposes to be determined as electrical design is completed. 13. That guard posts shall be installed around the existing fire hydrant located in the parking 10t. 14. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1, 2, 3 and 4, and as conditioned herein. 15. That a letter shall be submitted to the Zoning Division requesting termination of Variance No. 127 (permitting the mixing of paint and a storage warehouse). -5- 16. That, within thirty (30) days following the date of this resolution, the petitioner shall obtain, and maintain in effect during the term of this conditional use permit, a written agreement with the owner of the property or the owner of other adjacent property to provide not less than 28 off- street parking spaces available for such church use on adjacent property. 17. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, or prior to commencement of the activity authorized by this resolution, whichever occurs first, Condition Nos. 2, 4, 5, 12 and 15, 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. 18. That prior to final building and zoning inspections, or within a period of one (1) year from the date of this resolution, or prior to commencement of the activity authorized by this resolution, whichever occurs first, Condition Nos. 3, 9, 13 and 14, above-mentioned, shall be complied with. 19. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 20. That within a period of one hundred twenty (120) days from the date of this resolution, the legal property owner shall submit an application to the Public Works Department, Development Services Division, for either an Encroachment License or an Abandonment to allow the applicant to park adjacent to the building. Said Encroachment License or Abandonment shall be completed within six (6) months. 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. -6- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 24th day of April, 2001. ATTEST: CITY CL~K OF THE CITY OF ANAHEIM 39975.1 -7- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2001R-106 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 24th day of April, 2001, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None ~ITY CLEI~K OF '~HE CITY O~ ~-A-H-'~i'M (SEAL)