Resolution-PC 94-54R~SO~,ITION N0, PCSa-sa
A RESOLUTION OF THE ANAHEIM CIiY F~IANNING COMMISSION
TiiAT PEfITION FOR CaNDITIONAL USE PERMIY NO. 367A E3E GRANTED, IN PART
WHEREAS, the Anat~e(m C!ty Planning Commission dfd recolve a verifed Petition fnr
Conditionat Uso r'ormft tor certain roal property situated in the Ciry oi Anahe(m, County ot Uranps, State
ot C~1Nornia, described as:
TF1E NORTH 45~.00 FEE1' OF THE NORTK 16 ACRES OF ~1HE EAST HALF OF
THE BrJUfHEAST ~UARTER OF THE SOIITHFJIS7 QUARTER OF SF_CTION 12,
TOWtJSNIP 4 SOUTH, RANGE 1 t WE.~'if, IN Th~ RANCHO LnS COYOTES,
COUNTY OF ORANGE, STATE bF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 51, PAGE t t OF MiSCELLANEOUS MAPS. RECORDS OF
ORAIVGE COUNTY, CALIFORNIA.
EXCEPTINC~ THEREFHOM, THAT PORTI4N DESCRIBED AS ~OLLOWS:
9EGINNING AT THE POINT ON TNE SOUTN UNE OF THE NORTHEAST
OUARTER GF THE SOUTHEAST OUARTER OF SAID SEC110N 12, DISTANT
W~STERLY 2t0.00 FEET FROM THE EA$T LINE OF SAID SECTION 12, THENCE
SOUTHERLY ?.2.00 FEET, PARALLEL WITH SAID EAST LINE; THENCE WEST
60.00 FEET AT RIGHT ANGLES; THENCE NORTHtHLY 22.00 FEET, PARALLEL
WITH SAID EAST LIME; 7HEN~E FAS7ERLY 60.00 FEET TO 7HE POINT OF
BEGINNING.
WHEREAS, the City Planning Commissio~ did I~.~d a public; hearing at ths Civic Center
in th9 Cky of Anahofm on May 2, 1i194 at t::30 p.m., notice ot said publ~ hearing having boen duly given
as rectulreci by law and in accorcianco with the provlsiona of the Anahofm Munlcipal Codo, Chapter t0.03,
tn he~r and consWe- evWenr,c~ ior And agatnst saW proposed corxlitlonal uso permft and to irriestigate arxf
make lindinps end recommendations in connectlon therewfth; arx~
WNERtJ~S. sald Commisslon, uftor due Inspoctlc .~estigation and study made by ~. a~lf
and in its bahalf, and a~tar duo ~onsWoration At all evMenca and re~,orts oHored at sald hea~ing, doea Md
and determine thA fdlowing lacts:
1. That the propoaod use Is prop~rly one'or wh~ch a cOnditional u~e permk is ~t~thotlzed by
Anah[sicr Municipal C~do SQCtion~ 18.2t.0501 t0 and 10.03.030.010 to retpin a mnbfle carvtoker's unit, (ivo
(5) tert~porary modular c~assrooms erb Nvo (2) storage bui~dfngs in con~unctlon wfth an exlstinq church
w11h vvaiver of th~ follOwing:
A. .~sll~'~,21 ~42..4.Z4].
9. 5.~11~i..]l4S.~.44Z.4?~
.u[td~,~L~:t
~imuRt 8 ~u ural_heiclht.
({~j,~ permRtod when no a~stback
to resklc~ntial zoning;
two 1Q~ hk~h steraqe buNdinQ3 oxiatinq)
,~jnjQ~„~etbnCk_~t!tut1~L.LL8Ci~
$diac___ c __nt to t@~.Cf.i~flLZ4~li~4fl~f.
u~ le~t_ r~ui-Rd la ina~itutional ~teg:
rp~ exis~ing tor two storage bu~dings)
CR20~MS.WP "~' p~ ~
2. That waivars A and B are hereby denied on the basis that the petitlonor ec~reed at the
public hoaring to relacate tho structuros away irom the south property Iinn in compllance wftii Codo
standards, that the storagd buildings can be relocated to comply with current setback requirements, and
that tharo are no special circum•tancos applicable to the property such as si~e, shape, topcgraphy,
lucatlon flr surroundlnps, which c.4+ nat apply to othor ~dentic;ally zoned propertles In tho vic(nity;
3. ThAt sirict application ai the Zoning Code doos not deprive the property of prlvllog~s
enJoyed by otl;er properties under idQntical zoning classi(ication in the vir,inity;
4. That tlie proposed modular classrooms and storafle bu(Idings In con~unction with the
axisting church are properly uses for wh(ch a conditionat use permit Is authorfzed by the Zoning Code,
and that clie mobile caretaker's unit is not listed therein as being a pormittcad uso;
6. That the proposai use will not advarsely af(9ct the adjoining tand usos and the nresrvth and
devetopment of the aroa !n which it fs proposed to be located because the combined upes ~~ave beon
operating at this site tor several years without dotr(ment to the surround(ng area;
6. That the size and shapo ot tl~e sito for the proposed use is adaquate to allow the (ull
development of the proposeci use in a rnanner not detrimental to the particulor area nor to the peace,
health, satety, and geng-al woltare;
7. 7hat tiie trafifc gonerated by the proposed use wfll nct Ir.~pos9 an undue burden upon tho
streots and highways dost;~ned and improved to ca~ry the ~raHic in ti~e area;
8. That the flranting of the r,orxfitionat use permlt under the conditions Imposod will not be
detrimental td the peace, liealth, satety aiuf genoral welfara of the citizens of the City of Anahelm; ancl
f~. That no one inclicated ihefr prosence at saW public hearinfl In opposition; and that no
curreapondence was recetved in opposition tc the subJect petition.
CAIIFQRIVIA ENVIA NM 'M'AL OUAU'tY ACi' FINDING: That the Anaheim City Plannlnq
Commisston has reviewed the proposal to retain a mobite car~taker's unh, (lve (5) temp~rary modular
classrooms arxl tw~ (2) storage buildings In r,onjunction with an ex(sting church wiih wuive~s ot rtiaximum
structurul hetght and minimum sotbac~~ of Insth~~tional uses on a rectnngularlyshaped parcel of !~nd
consistinp cf approximately 5.5 acres, having a irontago ut approxinbtely 440 teet on the west side oi
Magnolia Avonue, havin{~ a cnaximum depth oi approxim~tely 60U fuet, being lacated npproximately 875
teet north oi the centerlir~e of Lincoln Avenue and furthor described as 227 North Magndfa Avenue (V(ctory
Baptist Church of Orange County); Hnd does heraby approve the Negative Doctarati~n upon (Inding that
the declarat~on re8acts the Independont ~udgQment of the fead efl9ncy and that ft has considered the
NegatNe beclbration togothcr with any comments receNsd duriny~ the public reviow process ancl (urth~ar
linding on thd basls of thv in~tia~ study and any commonts rocei~ed that thoru }s no substanti~l m~klonce
that the pro~ect will have a st~nificant eHect o~ tho emrironmont.
NOW, THEREFORE, BE IT RESOLVED that thg Anaheim Cfry Ptanning Commission does
hereby grartt 3ubJect Pethion f~ir Conditional Use Permlt, ;n part, upon the foliowmg conditians whicti ant
h~reby found t~ b~ a nec~sahry pr~req~risite to the proposod uso ot th9 subject property In order to
preserve the satery and general wellare of lhg Citlzens c~f the Chy of Anah~im:
t. Thpt, In tho svant th, t tt~e oxisting travel traildr Is ~o be utilized os a caretakor's resklenco, the
occupancy o~ sald trailer shall be timitod to Nvo (2) ndult~.
2. That, tn the ~~ent n mobito home is utflized as a carotaker's reskl~nce, tho apprapriate pa~k and
recreatian in•Iteu feRS shall r,e paid to tha Ciry of Malwfm In sn amourn astabllahed by Clty Council
Resaution. Additionally, the n~obile hom~ aha{; not exceed three hundrod IYty (350) squara foet as
shcnvn o~ the submitted sito {~lan (ExhibR No. t3 ancf k shall be located fn the de~signato~f arda a~
shown on the sito p~an.
.2. PC9d•54
3. Thet a plan sheet inr solid wt~sto storago and collectton, and a plan for recycling shall be submitted
to the Department ot Maintenance for review and epproval.
4. That the dA~eloper shall pay a Trr~Hic and Transportatton Improvement Fe~ to the Clty of Anahelm,
Tratlic Engfneering Division, in the amount establ(shed by Cfty Council Fiesolutlon. Thls fee wi~! be
used to fund traHic and transportation improvements wkhin thls Area Impacted by this proJect. Safd
tee ahall be subJect tn adjustmont by tl~e City Cuuncii.
5. That tha petitionor shall obtain the appmpri~to building permits for any unpormiriod Improvoments
on the pr~perty, including the ilnplization of any and all previously obtained parmlts.
6. 7.~at subJect property shall eo daveldped subst~ntfatly in ~ccordance with plans and spectficatlcna
submitted to tho Cfry of Anahelm by tho petftloner tand which plans are on (ile with the Planning
DepArtment markecl Exhibit Nos. 1 througli 3; provided, however, that lhe maxlmum structurel hel{~ht
and minirr~um setf~ck requlrements shall be maintalned for the caretaker'b unit, modular classrooms
and storage buildings, as requlred by th~r Zonfng Code.
7. That Condftion Nos. 3, 4, 5 end 6, nbovo•mentioned, shall be completed within a period of two (2)
months from the date oi thi~ resolutlon.
8. That approval cf ihis applicat(on constitutes approval ot ;he proposed roquest only to the Axtent that
it complies with the Anaheim Municipal Zoning Ccxid and any other applicable City, State and Faderal
regulatlans. Approval does not Include any action or find(ngs as to compllance or appmval uf the
request regarding any other applicablo ordinance, regulatfon or requirernent.
BE IT FURTHER RESOWEO that tho Anaheim City Planninq Commisslon da-s hereby itnd
ancS determine that adoption ol this Resolution Is expressly predlcated upoR applicant's compliance wfth
oach and all of tho conditiens ho~~etnabove set forth. Should any such conditlor,, or any pert thoreof, l~
declarecl invalld or unentorce~ble by the tinal ~udgment ot any court of competant jurisdictlon, then thia
Resdutldn, and any approvdls horeln cu~itained, shall b~ deemed null and void.
THE FOREGOING RESOLUTION was adopted at the P!enn~ Commisston meating of
May 2. 19~4. j
~o
CHAIRMA~ AN E M CITY P NIP1Ci COMMI$SION
ATTEST:
.. ~~ ~n~~~ti ~ ~c~~.
SECRETAFiY NANEIM CITY PII,NNINC~ COMMISSION
Sl'A7E OF CALIF~)RNIA )
COUNTY OF OR-sNGE ) ss.
CITY OF ANAtiEIM )
I, Mar~risa Solurlo, Sec~etary ol the Anahelm City Planning Commtssion, do he-eby c~rtMy
that the forupolnp reac~lutlun was passad and adopteci at a mosting ot the Anahotm City Plann(ng
Commissfon hold on May 2. t0~4, by Ihu lollowing votA nt the mernbers thoreo(:
AYE3: COMMISSIONERS: BOYDSTU(~, CALOWELL, HENNINGER, tilE43E, PERA7A, TAIT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISS~ONERS: MAY~R
~ t/~
bV WITNESS WHEREOF, I h~+o herouMO sot my hancf this _ I I ~tay of
1.~ L!.~. t9fl4. ~~~ ~' ~,~ ( 1 r.Gl,'l7,
ES CR ~ AiiEIM CIT1( PIANNINCi COMMISSION
.3. PC94•54