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PC 85-246RESOLUTION NO. PC85-246 A RESOI~UTION OF THE ANAHEZM CITY PLANNING COMMISSION THAT PCTITION FOR COlJllITIONAL USE PERI4IT N0. 273~ BE GRANTED WNERF~5, the Anaheim City Planning Commission did receive a verified Petiti~n for ~onditional [ISe Permit from LEDERER-ANAHEIM, LTD., 1990 Westwood Boulevard, Third Floor, Los Angeles, California 90025-4614, ATTN; LES E. LEUERER, owner and MICHAEL FRAZIER AND ASSOCIATZON, 4712 Tucana, Yorba Linda, Califocnia 92686, ATTN: ~iICHAEL FRAZIER, agent for certain real p[operty situated in the City of Anaheim, Count}• of Orange, State of Cal;.fornia, de~cribed as: 1HAT PORTIOP7 OF THE SOUTHWEST QUARTER CF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 4 SOUTH, RANGE 10 WEST~ IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, I~ THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE IyTERSECTION OF THE NORT[IEASTERLY RIGHT OF WAY LINE OF A 60 FOOT STATE HIGHWAY, AS DESCRIIIED IN A DEED RECORDED JULY i0, 1914 IN BOOK 258, PAGE 66 OF DEEDS, WITH THE tdORTHERLY RIGHT OF WAY LINE OF CERRITOS AVENUE 40.00 FEET IN WIDTN~ SAID POINT BEiNG ON A CUkVE IN SAID NORTHEA~TERLY RIGHT OF WAY LINE CONCAVE SOU:HWESTERLY HAVIN~ A RADIUS OF 630.00 FEET~ A RADIAL LINE THROUGEI SP.ID POINT IIEARS NORTH 82° 54' 41" EAST; THENCE NORTHF,RI,Y ALONG SAID CURVE THROUGli A CEWiRAL ANGLE OF 4° 37' 14" A DISTANCE OF 50.81 FEET; THENCE NORTH 6° 55' 00' WESP ALONG THE EASTERLY LItJE OF LAND DESCRIBED IN A DEED TO THE STATE OF CALIFQRNIA RECORDED APRIL 13, 1929 IN BOOK 257~ PAGE 462 OF OFFICIAL RECORDS TOT HE SOUTHWEST CORNER OF TRACT 3313 AS SHOWN ON A P1AP RECORDED IN BOOK 107~ PAGES 34 TO 37 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OP ORANGE COUNTY, CALIFORNIA; THENCE NORTH 89° 56' 31" EAST 1161.91 FEET ALONG THE SOUTHERLY LINE OF SAID TRACT N0. 3313 TO THE WESTERLY LINE O? THE SOUTHERN PACIFIC RAILROnD RIGHT OF WAY~ AS DESCRIBED IN A DEEU RECORDED AUGUST 18, 1899 It7 POOK 44, ppGE 726 n~ p~~ng; TuE.7C~ SQJ:l: 25" 25' S3* EAST 78.85 FEET ALONG SAID WESTERLY LINE T7 THE EASTERLY LINE OF THE SOUTHWEST QUARTER OF THE NORT6WEST QUARTER OF SAID SECTION 23; THENCE SOUTH 0° 10' 18" EAST 640.48 FEET ALONG dAID EASTERLY LINE TO THE SOUTHERLY LINC OF THE NORTHWEST QUARTER TO SAID uECTION 23; THENCE WEST ALONG SAID SOUTHERLY LINE TO THE NORTHEASTERLY RIGHT OF WAY LINE OF SAID 60.00 FOOT STATE HIGHWAY; THENCE NORTHERLY ALUNG SAID NORTHEASTERLY LINE TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE EAST 144.51 FEET OF SAID LAND. ALSO EXCEP.T THEREFR0~1 ALL THAT PORTION OF SAID LAND DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF A LINE WHICH IS PARALLEL WITH THE SOUTHERLY LINE 0~ THE NORTHWEST QUARTEk OF SAID SECTION 23 'CENTER LINE OF CERRITOS STREET" AND DISTANT NORTH 220.00 FEET~ MEASURED AT RICHT ANGLES FROM SAID SOUTHERLY LINE, AND THE 0653r PC85-246 ,-, EASTERLY LINE OE THE LAND DESCRIBED IN A DEED TO THE STATE OF CALiFURNIw RECOkDED APRIL 23, 1929 ZN BOOK 257, PAGF. 462 OF OFFICIAL RECORDS "EASTERLY LINE OF LOS ANGELES STREET"; THENCE SOU'PH 6° 55' "10" EAST ALONG SAID EASTERJ.Y LINE A DISTANCE OF 150.99 FEET T(, A POINT OF A CURVE CONCAVE SOUTHWESTERLY~ HAVING A RADIUS OF 630.00 FEET, SAID POINT BEING IN THE NORTHEASTERLY RIGHT OF WAY LINE OF A 60.00 FOOT STATE HIGHWAY~ AS DESCRIBED IN A DEED RECORDED JULY 10~ 1914 IN BOOK 258, PAGE 66 OF DEEDS, A RADIAL LINE THROUGH SAID POINT BEARS ~~fRTH 78° 17' 27" EAST; THENCE SOUTtIERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6° 26' S9" AND AN ARC DISTANCE OF 70.92 FEET TO A POINT ZN THE SOUTHERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 23, A RADIAL LINE THROUGH SAID POINT BEARS HORTH 84° 44' 26' EAST; THENCE EAST ALONG SAID SOUTHERLY LINE A DISTANCE OF 221.36 FEE'P; THENCE NORTH AND AT RIGHT ANCLES TO SAID SOUTdERLY LINE A DISTANCE OF 220.00 FEET; THENCE WEST AND PARALLEL WITH SAZD SOUTNERLY LINE A DISTANCE OF 250.00 FEET TO THE POINT OF BEGINNING. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Centet in the City of Anaheim on t7~vember 13, 1985, at I:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the p~ovisions of tt,e Anaheim t4unicipal Code, Chapter 18.03, to hear :.nd consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHBREAS, said Commisaion, after due inspection, investigation and study made by itseZf and in its behalf, and after due consideealion 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 conditiona2 use pecmit is authorized by Anaheim Municipal c:ode Section 18.61.050.140 to wit: to pecmit the expansion of a church in L-he ML (Industrial, Limited) Zone with waiver of: SECTIONS 18.06.050.022, - Minimum number of parkinq spaces. 18.06.050.0264, (~585 spaces required; 1,412 spaces 18.06.050.0266, proposed) 1E3.06.080, AND 18.61.066.05~ 2. That this conditional use permit shall expire at the same time as the currer.t lease for the chucch, August 1, 1988. 3. That 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. 4. That 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 dettimental to the particular area nor to the peace, health, aafety an3 general welfare of the Citizens of the City of Anaheim. U653r -2 PC85-246 5. That the granting of the Conditional Use Permit under the condition~ imposed, if any, will not be detrimental to the peace, health, safety and genetal welfare of the Citizens of the City of Anaheim. 6. That the traffic generated by the proposed use will not impose an undue burden upon thz streets and highways designed and improved to carry the traffic in the area. 7. That no one indicated their presence at said public hearing i^ opposition; and that no correspondence ~as ceceived in opposition to the subject petition. ENVIRONt4ENTAL IMPACT FINDZNG: That the Anaheim City Planning Commission has reviewed the proposal to permit the expansion of a church in the ML (industrial, Limited) 2one with waiver of minimum number of parking ~paces on an irreg~lacly-shaped parcel of land consisting of approximately 12 acres, located north a~id east of the northeast corner of Cerritos Avenue and Anatieim Boulevard, and fucther described as 333 East Cerrito~ Avenue (Vineyard Ctristian Fellowship); and does hereby approve the Negative Declaration upon finding 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 ±s no substantial evidence that the project will have a significant effect on tne environment. FJJW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commis,ion doos hereby grant subject Petition for Conditiunal Use Permit, upon the following conditions which are heceby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welface of the Citizens of the City of Anaheim: 1. That sidewalks shall be installed along Anaheim eoulevard and Cerritos Avenue as required by the City Enginees and in accordance with standard plans and specifications on file in the Office of the City Engineer. 2. That ali ~riv~w~v~ shnl) hc __cor.~trncte~ ~c 3ccc„sc~ute ten (Iu) foot radius cucb returns as required by the City Traffic Engineer. 3. That one driveway on Ce~rito~ Avenue and one driveway on Anaheim ~oulevard, to be the Developers choice and as approved by the Traffic Enyineer, :l,all be closed and replaced with standard curb, gutter, sidewalk and landscaping. 4. 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 ninety (90) days from the date of this resolution, whichever occucs first, the owner(s) of subject property shall execute and record a covenant in a form approved by the City Attorney's Office wherein such owner(S) agree not to contest the formation of any assessment district(si which may hereafter be formed pursuant to the pro~•isions of Development Agreement No. 83-01 between the City of Anaheim and Anaheim Stadium Associates, which district(s) could include such owner's property. Failure to comply with this condition within the specified time shall render this conditional use permit null and void. -3- PC85-246 5. That due to the change in u~e and/or occupancy of the building, plans ahall be submitted to ~t,e euilding Division showing compliance with the minimum standards of the City of Anaheim, inc]uding the Uniform Building, Plumbing, Electrical, hlechanical and Fire Codes as adopted bY the City of Anaheim. The app~opriate permits shall be obtained for any necessary work. 6. That a traffic signal assessment fee equali.ng the difference betwe?n the industrial and commercial assessment fees shall be paid to the City of Anaheim for the additional church floor area, in an amount as determined by the ~ity Council. 7. That trash storage areas shall be provided and maintained in accordance with approved pl~ns on file with the Street Maintenance and Sanitation Division. b. That the propo~al shall comply with all signing requirements of the ML Zone, unless a vaciance allowing sign waivers is approved by the Planning Comniission or City Council. 9. That the perimeter setback and parking area landscaping areas shall be permanently maintained as required by the Zoning Code. 10. That the parking lot aceas shall be permanently maintained as r°quired by the Zoning Code. 11. That subject propecty shall be developed substantially in accocdance ~ith plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 chrough 3. 12. That within ~ peciod of ninety (90) days from the date herein, or prior Lo commencement of the activity herein approved, Whichever occurs tirst, Condition No. 4 shall be conplied with. 13~ That prior to the commencement of the activity authori2ed u~dec r.his resolution, or n~ior tc z~~u~c;cc ~1 a building permit, or within a peciod of one year from the date of this resolution, whichever occurs first, Condition Nos. 5 and 6, above-mentioned, shall be complied with. Extensions for Eurther time to complete said condition~ may ao granted in a:cordance with Section 18.03.090 uf the Anahei.m Municipal Code. 14. That prior to the commencement of the activity authorized under this resolution, or final building and zoning inspections whichever occurs first, Condition Nos. 1, 2, 3, 7 and 11, above-mentioned, sl:all be complied with. 15. That this permit shall expire on AuguSt 1, 1988. BE IT rURTHER 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 conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolucion, and any approvals herein contained, shall be deemed n~ll and void. -4- PC85-246 - ~ THE FOREGOING RESOLUTION is signed and approved by me this 13tn day of November, 1965. ` ~ ' _ t C /:._ ~. _ i ~ ir..~a _.- CHAIRWOhiAN, ANAHEIM CITY PLANNING COMMISSION ATiEST: ~~/Jt `~C.~~l.. T ~ / ~[~L~~IiL~ SECRETARY, ANAHEIM CITY PLI+NNING COMMISSION STATE OF CALIFORNIA ) COUNTY Ur' ORANGE ) ss. CZTY OF ANP.HEIM ) I, Edith L. Haccis, Secretary of the Anaheim City Planning Commission, do hereby certify that the Locegoing resolution was passed and adopted at a meetin~ of the Anaheim City Planning Commission held on November 13, 1985, by the following vote of the members thereof: AYEu: COFlMISSIONERS: BOUAS, FRY~ HEP.BST, LA CLAIRE, LAWICKI~ MC BURKEY NESSE NOE:S: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I Have heceunto set my hand this 13Yh day of N~vembec, 1985. ~~ - ,l~ ' " ~~~ !L"~ ,.~ • ~ l~•t.t~~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC85-246