Resolution-PC 2001-32~ ~
RESOLUTION NO. PC2001-32
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04333 BE GRANTED
FOR TWO (2) YEARS TO EXPIRE MARCH 6, 2003
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, 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 TME RI~HT ~F WAY OF SOUTHERN PACIF- IC RAILROA- D 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
WVTH 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
PACIFIG 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
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CONVEYED TO THE STATE OF CALIFORNIA, THENCE SOUTHEASTERLY ALONG
SAID SOUTHWESTERLY LINE, 197.35 FEET TO THE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on March 12, 2001 at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for and against said proposed conditional use permit and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.61.050.140 to retain an un-permitted church in an existing building
with waiver of the following:
Sections 18.06.050.020.026.0266 -
18.06.050.030.031
18.06.080
and 18.61.066.050
Minimum number of aarking sqaces.
(38 required; 10 existing)
2. That the parking waiver, 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 reaso~ably foreseeable condi~ions o€ operatian
of such use.
3. That the parking waiver, 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.
4. That the parking waiver, 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).
5. That the parking waiver, under the conditions imposed, will not increase traffic congestion
within the off-street parking areas or lots provided for such use.
6. That the parking waiver, under the conditions imposed, if any, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the
proposed use.
7. That the proposed use, under the conditions imposed, will not adversely affect the
adjoining land uses and the growth and development of the area in which it is proposed to be located.
8. That the size and shape of the site for the proposed use, as approved, is adequate to
allow full development of the proposal in a manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
9. That the traffic generated by the proposed use, as approved, will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the area.
10. That granting of this 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.
11. That no one indicated their presence at the public hearing in opposition to the proposal;
and that one letter was received in support.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to retain an un-permitted church in an existing building
with waiver of minimum number of parking spaces on a irregularly-shaped 0.25-acre property having a
frontage of 120 feet on the south side of Manchester Avenue, a maximum depth of 82 feet, being located
210 feet west of the centerline of Loara Street, and further described as 309 North Manchester Avenue
(Agape House of Prayer); and does hereby approve the Negative Declaration upon finding that the
declaration reflects the independent judgment of the lead agency and that it has considered the Negative
Declaration together with any comments received during the public review process and further finding on
the basis of the initial study and any comments received that there is no substantial evidence that the
project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
1. That this conditional use permit shall expire in one (1) year from the date of this resolution, on
March 6, 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 sha41 confor~t 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 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 finrenty
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 baRels shall be stored out of public's view.
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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 lot.
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).
16. 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, 42 and 15, above-mentioned, shall be complied with. Extensions for
further time to complete said conditions rnay be granted in accordance with Section 18.03.090 of
the Anaheim Municipal Code.
17. 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 resofution, whichever
occurs first, Condition Nos. 3, 9, 13 and 14, above-mentioned, shall be complied with.
18. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anak~eim Municipal Zoning Code-and any other applicable Gity, 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.
19. 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 Anaheim City Planning Commission 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 condition, 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 was ad edlat the Planyf4~~mmission meeting of
March 12, 2001. / ~
ATTEST:
CH9(IRPERSON,
M C~FTY PLANNING COMMISSION
~ 5~.~-A.a.~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Osbelia Edmundson, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on March 12, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ARNOLD
IN WITNESS WHEREOF, I have hereunto set my hand this a~ day of
C"~11o.~.~~ , 2001.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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