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PC 83-122-•-~, hESOLUTION N0. PC83-122 A RESOLUTION OF THE ANAHEIM CITY PLANNING COD;MISSION THAT PETITION FOR CONDITIONAL USE PERMTT NU. 2463 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from LEDERER-ANAHEIM, LTD., 1888 Century Park East, Suite 1605, Century City, Los Angeles, California 90067, owner, and MICHAEL FRAZIER & ASSOCIATES, 3160 East La Palma Avenue, Suite D, Anaheim, California 928D6, agent of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCIIO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATG OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51 PAGES 10 OF MISCELLANEOUS MAPS~ IN THE OFFICE OF THE COUNTY RECORDEP, OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY RZGHT OF WAY LINE OF A GO FOOT STATE HIGHWAY, AS DESCRIBED IN A DEED RECORDED JULY 10, 1914 IN BOOK 258 PAGE 66 OF DEEDS~ WITH THE NORTHERLY RIGHT OF WAY LINE OF CERRITOS AVENUE 40.00 FEET IN WIDTH, SAID POINT BEING ON A CURVE IN SAID NORTHEAS?'ERLY RIGHT OF WAY LINE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 630.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 82° 54' 41" EAST; THENCE NORTH~RLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4° 37' 14" A DISTANCE OF 50.51 FEET; THENCE NORTH 6° 55' 00" L~EST ALONG THE EASTERLY LINE OF LAND DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA RECORDED APRIL 13, 1929 IN BOOK 257 PAGE 462 OF OFFICIAL RECORDS TO THE SOUTHWEST CORNER OF TRACT 3313 AS SHOWN ON A MAP RECORDED IN SOOK 107 PAGES 34 TO 37 INCLUSIVE OF MISCELLANEOUS ~IAPS, RECORDS OF Gc2ANGE COUNTY, CALIFOP.NIP.; THENCE NORTH 89° 56' 31" EAST 1161.91 FEET ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 3313 TO THE WESTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT OF WAY, AS DESCRIBED IN A DEED RECORDED AOGUST 18~ 1899 IN BOOK 44 PAGE 226 OP DEEDS; THSNCE SOUTH 15° 25' 43" EAST 78.85 FEET ALONG SAID WESTERLY LINE TO THE EASTERLY LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 23; THENCE SOUTH 0° 10' 18" SECONDS EAST 640.48 FEET ALONG SAID EASTERLY LINE TO THE SOUTHERLY LINE OF THE NORTHWEST QUARTER TO SAID SECTION 23; THENCE WEST ALONG SAID SOUTHERLY LINE TO THE NORTHEASTERLY RIGHT OF WAY LINE OF SAID 60.00 FOOT STATE HIGHWAY; THENCE NORTAERLY ALONG SAID NURTHEASTERLY LINE TO THE POINT OF BEGINNING. EXCEPT THEREEROM THE EAST i44.51 FEET OF SAID LAND, (MEASURED ALONG TiiE SOUTHERLY LINE THEREC'). ALSU EXCEPT THEREFROM ALL THAT PORTION OF SAID LAND DESCRIBEL AS FOLLOWS: ~0698I PC83-122 BEGINNING AT THE INTERSECTION OF A LINE WHICH IS PARALLEL WITH THE SOUTHERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 23 "CENTER LINE OF CERRITOS STREET" P.ND DISTANT NO~TH 220.00 FEET, MEASURED AT RIGHT ANGLES FROM SAID SOUTHERLY LINE, AND THE EASTERLY LINE OF THE LAND DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA RECORDED APRIL 13, 1929 IN BOOK 257 PAGE 462 OF OFFICIAL RECORDS "EASTERLY LING OF LUS ANGELES STREET"; THENCE SOUTH 6° 55' 00" EAST ALONG SAID EASTERLY LINE A DISTANCE OF 150.99 FEET TO A POINT OF A CUR~IE CONCAVE SOUTHWESTEP.LY,HAVING A RADIU^u OF 630.00 FEET, SAID POINT BEING IN THE NORTHEASTERLY RIGHT OF WAY LINE 0~ A 60.00 FOOT STATE HIGHWAY, AS DESCRIBED ZN A DEED RECORDED JULY 10, 1914 IN BOOK 258 PAGE 66 OF DEEDS, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 83° OS' 00" EAST; THENCE SOUTHERLY ALONG SAZD CURVE THROUGH A CEidTRAL ANGLE OF 6° 26' S9" AND AN ARC DISTANCE OF 70.52 FEET TO A POINT IN THE SOUT9ERLY LINE OF THE NORTHWEST QUARTER Gr^ SAID SECTION 23, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 89° 31' S9" EAST; THENCE EAST ALONG SAID SOUTHERLY LINE A DISTANCE OF 221.36 FEET; THENCE NORTH AND AT RIGHT ANGLES TO SAID SOUTHERLY LINE A DISTANCE OF 220.00 FEET; THENCB WEST AND PARALLEL WITH SAID SOUTHERLY LINE A llISTANCE OF 244.11 FEET TO THE POINT OF BEGINNING. WIiEZEAS, the City Planning Commission did hold a public hearing at the Civic CentCr in the City of Anaheim on June 27, 1983, at 1:30 p.m., notice of said ~~ublic hearing having been duly given a~, 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 findinys and recommendations in connection therewith; said public hearing having been continued to the Planning Commissiun meeting of July 11, 1983; and WHEREAS, said Commission, after duP 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 hy Anahei~ Municipal Code Sectian 18.61.050.140 & 1E3.06.080 to wit to permit a church in the ML (Industrial, Limited) Zone with waiver of: SECTION 18.06.050.0266 - Minimum number of parking spaces. AND 18.61.066.050 (1167 spaces required; 1038 spaces proposed) 2. That the requested waiver is hereby qranted on the basis that the independent parking study submitted by the petitioner indicated that the parking variance will not cause an increase in traffic congestion in the immediate vicinity nor adversely afFect any adjoining land uses; and that the parking variance under the conditions imposed, if any, will not be detrimental to the peace, health, safety or geneca7. welfare of the citizens of the City of Anaheim. -2- PC83-122 ~~'~. 3. That the proposed use is hereby granted subject to the petitioner's stipulation that increased landscaping to comply with Code regulations shall be provided in the parking areas as approved by the City Planning Department; and that the parking lots shall be upgraded by repairing existing dam~ge ar~d resealing prior to the commencement of activity as authorized by this conditional use permit; and that outdoor automobile repair shall be eliminated. 4. Tl~at the proposed use will not adversely affect the adjoining land uses and the 9rowth and development of. the area in which it is proposed to be located. 5. That the size and shape of the site propused 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 qeneral welfare of the Citizens of the City of Anaheim. 6. That the granting of the Conditional Use Permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 7. That 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 tFe area. 8. That two (2) persons indicated their presence at the June 27, 1983 public hearing and that no one indicated their presence at the July 11, 1983 public hearing in oppusition; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit a church in the ML (Industrial, Linited) Zone with waiver of minimum number of parking spaces on an irregularly-shaped parcel of land consisting of approximately 12 acres, located north and east of the northeast corner of Cerritos Avenue and Anaheim Boulevard; and does hereby approve the Negative Declaration from tha requirement to prepare an environmental impact report on the basis that there would be no significant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for general industrial land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declaration substantiating the foregoing findings is on file in the City of Anaheim Planning Department. 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 proposo•.~ use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the owner of subject property shall pay to the City of Anaheim a fee for str.aet lighting along Anaheim Boulevard and Cerritos Avenue in an amount as determined by the City Council. -3- PC83-122 '~~`' , - 2. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along An„heim IIoulevard and Cerritos Avenue in an amount as determined by the City Council. 3. That sidewalks shall be installed along Anaheim Boulevard and Cerritos Avenue as required by the City Engineer and in accordance with standard plans anci specifications on file in the Office of the City Enqineer. 4. That the existing structure shall be brought up to the minimum standards of the City of Anaheim, including the Uniform Building, Plumbinq, Electrical, Mechanical and Fire Codes as adopted by the City of. Anaheim. 5. That prior to issuance of a building permit, a traffic signal assessment fee equaling the difference between the industrial and commercial assessment fees sha11 be paid to the City of Anaheim in an amount as determined by the City Council. 6. That any existing fencing on subject property shall be removed and/or gated in a manner which provides free and clear access to all on-site parking spaces and which also permits the free circulation of emergency and trash collection vehicles. 7. That the o~aner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 335 to the Planning Department. S. That the parking lot shall be repaired and sealed, as required by the Planning Department. 9. That this conditional use permit is qranted contingent upon approval of a parcel map, as required by the State Subdivision Map Act unless otherwise waived by the City Engineer. 10. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 1 of Exhibit Nos. 1 and 2; provided, however, that perimeter set back and parking area land~caping shall be i.nstalled and permanently maintained, as required by the 2ona.ng Code. 11. That prior to the commencement of the activity authorized under this resolution, or prior to the time that a building permit is issued, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 7 and 9, above-mentioned, shall be complied with. Extensions for further time to complete said conditi.uns may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 12. That prior to final building and zoning inspections, Condition Nos. 3, 4, 6, 8 and 10, above-mentioned, shall be complied with. -4- PC83-122 BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and detecmine that adoption of this Resolution is expressly predicated upen applicant's compliance with each and all o£ the conditions hereinabove set forth. Should any such co~ditions, 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 FOREGOTNG RESOLUTION is signed and approved by me this llth day of July, 1983. ~~~~~~ CH I 1AN, ANAHEIM C PLANNING COMMISSION ATTEST: ~~ ~ ~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, 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 July 11, 1983, by the following vote of the members thereof: AYES: COMMISSIONERS: BOUAS~ FRY~ HERBST, KING, LA CLAIRE, MC BLTRNEY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BUSHORE IN WIT[QESS WHEREOF, I nave hereunto set my hand this llth day of July, 1983. ~~~ ~ ~~l~it~.~~ SECRETARY~ ANAHEIM CITY PLANNING COMMISSION -5- FC83-122 : -.