PC 85-121~ ,~
n°SOLUTION NO. PC&5-121
A R°.SOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR ::OtJDI1'IONAL USE PERMIT N0. 2680 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from SYNOD OF SOUTHERN CALZFORNIA AND
tiAWAII, 1501 Wilshire Boulevard, Los Angete~, California 90017, owner, and
c:ANYON HILLS UNITED PRESBYTERIAN CHURCH, 5200 Canyon Rim Drive, Suite 114,
Anaheim, California 92807 and VICTOR CONSTRUCTION CO., INC., 3445 East La
Palma, Anaheim, Ca1.iLornia 92806, agent for certain real property situated in
the City of Anaheim, County of O~ange, State of California, described as:
ALL T!iAT CERTAIN LAND SITUATED IN HE STATE OF CALIFORNIA~
COUNTY OF' ORAPIGE, CITY OF ANAHEIM, LYING WITHIN A PORTION OF
PARCEL 1~ AS SHU~~4 ON TY.AT CERTAIN "LOT LINE ADJUSTMENT PLAT
88' RECORDED 24 SEPTEFIBER 1981 IN BOOK 14231~ PAGE 1?29, OF
OFFICIAL RECORDS OF SAID COUNTY~ DESCRZBED AS FOLLOWS:
BEGINNING AT TY.E FfOST EASZ'ERLY CORNER OF SAID PARCEL 1, AS
SHOWN ON SAID 'L04' LINE ADJUSTMENT." THENCE NORTH 32° 52' 42'
WEST 103.00 PEET; THErCE NORTH 62° 29' 42" WEST 13~.00 FEET;
THE[~CE SOUTH 29° OS' 04" WEST 193.28 FEET; TI3ENCE SOUTH 53°
28' 38" WEST 92.00 FEET; THENCE NORTEI 37° 06' S6' WEST 58.00
FEET; THENCE SUUTN 53° 28' 38" WBST 46.00 FEET; THENCE SOUTH
37° 06' S6' EAST 347.77 FGET; TNENCE SOUTH 42° 10' S8" EAST
21.33 YEG'i'; THENCE SOU'PH 06° 29' 4e' WEST 2.73 PEBT; THENCE
SOUTH 37° 06' S6' WEST 43.33 FEET; THEP7CE NORTH 53° 28' 38"
EAST 117.75 PEET TO THE BEGINNING OF A CURVE CONCAVE
NORTHWES1ERLi HAVING A RADIUS OF 30.00 FEET; THENCE
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°
00' 00" f.N ARC DISTANCE OF 47.1.2 FEET TO A TANGENT LINE;
THENCE: ALONG SAID TANGENT LZNE NORTH 36° 31' 22' kEST 180.93
FEET; THENCE NORTH 53° 28' 38' EAST 214.66 FE:ET TO THE POINT
OF BEGINNING.
iiLl.i~linJ~ ~G~ Ci~Y ,,:~,c~iug Car,;;r,i~~~:un did hc.u' a i.abiic iicazing at
the Civic Center in the City of Anaheim on Ap:il 15, 1985, at 1:30 p.m.,
notice of said p~~blic hearing having been duly given as required by law and in
accordance with :he provisions of the Anaheim Municipal Code, Chapter 18.03,
to heac and consider evidence for and agaiast said proposed conditional use
permit and to investigate and make findings and recommendations in connection
therewith; said public hearing having been continued to the Planning
Commission meetin9 of May 13, 1985; 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 dete[mine the
Eollo~ring facts:
1. That the proposed use is propecly one tor which a conditional
use pe:mit is authorized by Anaheim Municipal Code Sections 18.21.050.105 and
18.21.0'iU.110 to wit: to pe~mit a church and preschool facility with waivers
oY the followiag;
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(a) SECTIONS 18.04.042.020 - Minimum landscaped setback.
AND 18.21.063.020 (10 ft. adiacent to north nroperty line and
15 ft. adlacent to south and east property
lines required; 5 and 10 ft. propo~ed)
(b) SECTION 18.05.080.030 - plaximum number and size of identification si ns
(one 20-~quarr ft, identification siqn permitted;
two 36-sauare ft. identification sians proposed)
(c)SECTZONS 18.06.050.0266 - Minimum number of ~arkirq spaces.
18.05.050.0268 (281 spaces required; 45 spaces proposed)
18.06.080
AND 18.21.056.010
(d) SECTION 18.84.042.011 - N,aximum structural heiaht.
(25 feet oermitted; 48 feet ~roposed)
1. That the reguested waivers (a) and (d) are hereby granted on the
basis that there are special circumstances applicable to the property such as
size, shape, topography, location and surcoundinga- which do not apply to other
identically zoned property in the same vicinity; and t5at ctrict application of
the Zoning Code deprives the property of privileges enjoyed by other pcoperties
in the identical zune and classification in the vicinity.
3. That the requested waiver (b) is hereby denied on the basis that
the petitioner stipulated at the ~ublic hearing to ha~~ing one 20-square foot
identification sign in conformance with Code requirements thereby eliminating
the need for said waive:.
y. That the requested waiver (c) is hereby gcanted on the basis that
off-site shared parking will be available on the adjacent property to the north
and that the parking wa~aer will not cause an increase in traffic congestion in
the immediate vicinity nor adverse.ly affect any adjoining land uses and
.^,rwr.ting ct LLr ru~;,iuy waiver unaer the conditions imposed, if any, will not
be detrimental to the peace, health, safety and general wel.fare of the citizens
of the Ci.ty of Anaheim.
5• That the proposed use will not adversely affect the adjoining land
uses and the g~uwth and development of the area in which it is proposed to be
located.
6• ;hat the ::ize and shape of the site groposed for the use is
adequate to allow the full developmenl• oi the proposed use in a manner not
detrimental to the p~rticular area nor to the peace, health, safety and general
welfare of the Citi2ens of the City of Anaheim.
7• That the oranting of the Conditional Use Permit under the
conditions imposed, if any, will not be detrim~ntal to the peace, health,
safety and general welfare of the Citizens of the c~ity of Anaheim.
8• That the traffic generated by t:~e proposed u~e will not impose an
undue burden upon the streets and highways designed and improved to carry tiie
traffic in the area.
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9. That no one indicated their presence at said publ.ic hearing in
opposition; and that no correspondence was received in oppusition to the
subject petition.
EN~7Ii20NMENTAL IMPACT YINDING: That the Anahei:n City Planning
Commission has reviewed the proposal to permit a church and preschool facility
with waivers of minimum landscaped setback, ;naximum number and size of
identification signs, and minimum number of parking spaces and maximum
structural height on an irr.egularly-shaped parcel of land consisting of
approximately 2.2 ac~es, having a frontage of approximately 398 feet on the
east side of Fairmont Boulevard; and doe~ hereby approve the Negative
Declaration upon finding that it has considered the Negative Declaration
together witn any comments r.eceived during the public review process and
further finding on the basis of the initiaZ study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the envir.onment.
N01J, THEREFORE, BE IT RESOLVED that the I~naheim City Planning
Commission does hereby grant subject Petition for Conditiona: Use Permit, upon
the following conditions which are heceby found to be a necessary prer.equisite
to the proposed use of the subject property in order to preserve the safety and
general welfare of th2 C'itizens of the City of Anaheim:
1. That the owner of subject property sha~1 pay to the City of Anaheim a
fee for, tree planting purp~ses along t'airmont Boulevard in an amount
as determir.ed by the City Council.
2. ~Phat prior to issuance uf a building permit, primary water main fees
shall be paid to the City of Anaheim, in an amount as determined by
tlie Office of the Utilities General Ptanayer.
3. That prior to is~u~nce oi a building ~armit, the appropriate traffic
signal assessment fee shall be paid to the City of Anahein in an
amount as determined by the City Counci.l for new commercial buildir.gs.
4. That pcior to approval of a gradiag plan, the owner oE subject
property shall pay the appropriate dcainage assessment fee in an
amount as determined b~~ the City Engineer.
5. That the vehicular access rights to Fairmont Boulevard except at
approved access points, sha71 be dedicated to khe City of Anaheim.
6. That all driveways shall be constructed to accommodate ten (10) foot
:adius curb re_urns as r.equired by the City Traffi.c Fngineer.
7. That drainage of subjert property shall be disposed of in a manner
satisfactory to the CitS~ Engin~er.
8. That in the event subject property is to be divided for the purpo.^,e of
sale, lease, or financing, a parcel map to record the approved
division of subject pruperty st,all be submitted to and approved by the
City of Anaheir~ and then be recorded in the Office of the Orange
County R?corder.
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9. That street lioliting facilities along Fairmont Boulevarc] shall be
installed as require9 by the Utilities General Manager in accordance
with specifications on file in the Office oE Utilities General
~9anager, and that security in the form of a bond, certificate of
deposit, letter of credit, or cash, in an artiount and focro satisfactory
to the City of Anaheim, shall be posted with the City to guarantee the
satisfactory completion of the abovc-mentioned improvements. Said
security ehull be posted with the City of Anaheim prior. to issuance of
building perm~ts. The above-required improvements shall be in~talled
prior to occupancy.
L0. That prior to commencement of structural framing, fire hydrants shalt
be installed and chacged as required and determined to be necessary by
the Chief of the Fire Department.
11. That trash storage areas shall ~e provided and maintained in
accordance with approved plans on file with the Street Maintenance and
Sanitation Division.
12. That vehi~ular acces.^, to the existing storm drain easemei,t r,ear the
easterly propecty line shall be dedicated to the City of Ar,aheim as
cequired by the City Engineer.
13. That access easements for fire and t:ash vehicles shall be dedicated
~o the City ot Anaheim as required by the City Fire Marshall and the
Street Maintenance and Sanitation Director.
14. That any pedestrian wa.lkways between subject property and the property
immediately to the nocth shali be reviewed and approved by the City
Traffic Engineer.
1S. That a reciprocal vehicular accesc and parking agreemenk, in a form
satisfactory to the City Attorney, beL•ween subjert prnperty owner and
the property owner immediately to the north, shall be recorded with
~~~ Ulf:ce of Li~e ucange County xecorder. A copy of the recorded
agreemenl shall then be submitted to the Plannirig Department.
16. That the fire and storm drain access drive sha~.i be surfaced in a
manner acceptable to the Fire Department and Street Maintenance and
Sanitation Division.
17. That yates shall not be installed ~cross any driveway in a manner
whi~h may adversely affect vehicular t.raffic in the adjacent public
street. Installation of any yates iaithin a distance of forty (40)
feet from said public street right-of-way shall be subject to the
review and approval of the City Traffic Engineer.
18. That subject property shall be served by underground utilities,
19. That fire sprinkLers shall be installed as required by the City Pire
Flarshall.
2U. That all air conditioning faciliti~s shall be properly shielded Prom
view.
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21. That, as ;pecified in Anaheim Nunicipal Code Section No.
18.84.041.012, no roof-mounted equipment, whatsoever, shall be
permitted.
22. That the owner of subject property shall submit a letter requesting
termination of Reclassification No. 81-82-4 and Conditional Use Permit
ho. 2299 to the Planning Department.
23. That the ownecs of subject property shall dedicate and improve a
10-foot wide equestrian and hiki.ng trail easement along Fairmont
Boulevard as shown on the Equestrian and Hikin9 Trails Component of
the General Plan and that impcovement plans, in accordance with
sta~idard plana end sp~cifications on file in the Office of the City
Engineer, shall be submitted in conjunction with the grading plan; and
that prior to issuance of a building permit, a bond in an amount and
focro satisfactory to the City ot Anaheim shall be posted with the City
to guarantee the installation of the above-mentioned requirements
prior. to occupancy,
24. That the preschool facility shail not exceed a mar.imum enrollment of
i5 children.
25. That subject proper~y shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked
Revision No. 1 of Exhibit No. 1 and Exhibit Nes, 2 through 5.
26. That prior to issuance of a building permit, or within a period of one
year frori the d-ate of this resolution, whichever occurs first,
Condition Nos. 1, 2, 3, 5, 4, 9, 12, 13, 14, 15, 22 and 23,
above-mentioned, shal' be complied with. Extensions for furthec time
to complete said condition~ nay be yzinted in accordance with Section
18.03,090 of the AnahEim ~funicipal Cod~.
27. That prior t:o final building and zoning inspections, Condition Nos. 6.
7. 11, 16, I7, 18, 19, 20, 21 and 25, ahove-mPntionA~, ~r~.l ~~
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BE ST e^URTHER RESOLVED that the Anahe:.m City Planning Commission does
hereby Eind 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
compel-ent jurisdiction, tt~en this Resolution, and any approvals herein
contained, shall be deemed nul! and void.
THE POREGOING RESOLUTSON is siyned and approved by me thi~ 13th day of
~ Mdy, 1595. /
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,~ -C AIRMAN~ ANAH IM CITf PLANNING COMMISSION
~ ATTEST:
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'~ S6CRETARY~ ANAHEIFI CT'PY PLANNING COMDIISSION
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STATE OF CALIFURNIA )
COUNTY OF OP.pNGE ) ss.
CITY OF ANAHEIM )
I. Edith i,. F:arris, Secretary c~f khe Anaheim City Planning
Canmission, do hereby certify that the foregoing resolution was passed and
adopted at a meeting of the Anaheim City P].anning Commission held on May 13
1985, by the following vote of the members thereof:
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' AY:;S: COAIMISSIUNERS: BOUAS, FRY, HERBST, KING~ LA CLATRE~ MC BURNEY
NOES: COMp1ISSI0NERS: NONE
ABSENT: COFIFIISSIONERS: BUSHORE
IN WITNESS Wr.EREOF, I Have herzunto set my hand this 13th day of May,
1985.
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SLCRETARY, ANAHEIM CITY PiANNING COM- pN
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PC85-121