94-244 RESOLUTION NO. 94R-244
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3699.
WHEREAS, the city Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
to permit a 8,355 sq. ft. church including loft seating, a 6,900
sq.ft., 2-story, social hall with basement and a 30-foot high bell
tower, upon certain real property located within the City of
Anaheim, County of Orange, State of California, legally described
as:
PARCEL 1, AS SHOWN ON PARCEL MAP NO. 89-135, IN
THE CITY OF ANAHEIM, AS SHOWN ON A MAP RECORDED
IN BOOK 246, PAGE(S) 1, 2, 3 OF PARCEL MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY; and
WHEREAS, the city Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at said
hearing, did adopt its Resolution No. PC94-98 granting Conditional
Use Permit No. 3699; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the city Council, on its own motion, caused
the review of said Planning Commission action at a duly noticed
public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful
consideration of the recommendations of the City Planning
Commission and all evidence and reports offered at said hearing,
that:
1. The proposed use is properly one for which a conditional
use permit is authorized by the Anaheim Municipal Code.
2. 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.
3. 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 detrimental to the particular area nor to the peace,
health, safety and general welfare.
4. 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 the area.
5. The granting of the 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.
AND WHEREAS, the City Council does further find, after
careful consideration of the action of the City Planning Commission
and all evidence and reports offered at said public hearing before
the City Council regarding the hereinafter specified requested
waiver(s), that all of the conditions set forth in Section
18.03.040 of the Anaheim Municipal Code are present and that said
waiver(s) should be granted, for the following reasons:
1. That waiver (A) is hereby approved on the basis that
there are special circumstances applicable to the property
consisting of its size which does not apply to other identically
zoned properties in the vicinity because the proposed dome topped
by a cross will be located at least 80 to 100 feet from the closest
residential zoning (to the north and south);
2. That waiver (B) is hereby approved on the basis that
strict application of the Zoning Code deprives the property of
privileges enjoyed by other properties under identical zoning
classification in the vicinity because nearby and adjacent
properties have front setbacks similar to the proposed 35-foot
setback from West Street;
3. That waivers (C), (D) and (E) are hereby approved on
the basis that there are special circumstances applicable to the
property consisting of its location which does not apply to other
identically zoned properties in the vicinity because subject
waivers pertain to the northwest property line of subject property
which abuts the approximately 80-foot wide Carbon Creek Flood
Control Channel, and that the actual setbacks from the social hall
and trash enclosure to properties on the other side of the channel
will range from approximately 90 to 100 feet;
4. That waiver (F) is hereby granted on the basis that
there are special circumstances applicable to the property
consisting of it size which does not apply to other identically
zoned properties in the vicinity because the proposed sign will be
located on a 2% acre parcel with a 222-foot frontage along West
Street and its size and frontage is significantly larger than
existing lots in the area (~ acre or smaller with 75-foot
frontages) and, therefore, the proposed monument sign will have a
minimal visual impact on nearby residences;
- 2 -
5. That waiver (G) is hereby granted on the basis that
there are special circumstances applicable to the property
consisting of its size and shape which do not apply to other
identically zoned properties in the vicinity because the parking
area will be located more than 150 feet from the street and the
proposed landscaping along West Street will be in excess of 35 feet
deep and, therefore, the parking lot is minimally visible from West
Street and will be screened by the landscaped setback;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 3699 be, and the same is hereby, granted
permitting a 8,355 sq. ft. church including loft seating, a 6,900
sq.ft., 2-story, social hall with basement and a 30-foot high bell
tower, on the hereinabove described real property with a waiver of
the following provisions of the Anaheim Municipal Code:
Sections 18.04.030.028 Maximum structural heiqht.
and 18.25.062.010 (35 feet permitted; ~0-foot
high dome topped
by a cross of undetermined
heiqht proposed)
Section 18.25.063.010 - Minimum front yard setback.
(25% [80 to 105 feet] of lot
depth required;
9% to 16% [35 to 70 feet]
proposed)
Sections 18.04.042.020 - Minimum setback of
institutional uses adiacent
and 18.25.063 to a residential zone.
(15 feet required to RS-10,000
zoning to the south;
10 feet proposed)
Section 18.25.063.030 - Minimum rear yard setback.
(25 feet to west property line
required;
10 feet to trash enclosure and
18 to 46 feet to
social hall proposed)
Sections 18.04.043.103 - Permitted accessory buildings.
18.25.064.020 1-story detached accessory
buildin~ permitted in
and 18.25.065.020 25-foot rear setback;
2-story detached building
proposed with 18-foot setback)
Sections 18.05.080 - Permitted signs.
and 18.25.067.010 (one 1 sq.ft. nameplate sign
permitted,
one 17-square foot monument
sign proposed; and
8939.1\JWHITE\$eptember 29, 1994 - 3 -
roof-mounted signs not
permitted,
one roof-mounted cross
proposed)
Sections 18.04.060.050 - Required parking lot
landscaping.
and 18.06.030.040 (Required: one averaqe 48-
sq.ft. planter containing a
minimum 15-gallon tree to
separate every 10 contiquous
parkinq spaces;
Proposed: non~)
subject to the following conditions:
1. The developer shall either (a) purchase the City
property (which is incorporated into the approved site plan) from
the city of Anaheim or (b) enter into a lease agreement as
approved by the city. The developer shall submit a purchase or
lease offer, based on an appraisal, to the Real Property Section
for review and approval by the City Council. In the event the
sale or lease is not approved, the site plan shall be revised to
eliminate the City-owned parcel.
2. That prior to grading plan approval, the developer
shall submit a water quality management plan (WQMP) specifically
identifying best management practices that will be used on site
to control predictable pollutants from stormwater runoff. The
WQMP shall be submitted to the Public Works Department,
Development Services Division, for review and approval.
3. That a fee, in the amount of two hundred eighty five
dollars ($285) per one thousand (1,000) sq.ft. of building area,
shall be paid to the City of Anaheim for sewer capacity
mitigation.
4. 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 through 6.
5. That prior to issuance of a building permit or within a
period of one (1) year from the date of this resolution,
whichever occurs first, Condition Nos. 1 and 3, above-mentioned,
shall be complied with. Extensions for further time to complete
said conditions may be granted in accordance with Section
18.03.090 of the Anaheim Municipal Code.
6. That prior to final building and zoning inspections,
Condition Nos. 4 and 13, herein-mentioned, shall be complied
with.
7. That approval of this application constitutes approval
of the proposed request only to the extent that it complies with
the Anaheim Municipal Zoning Code and any other applicable City,
8939.1\JWHITE\September 29, 1994 -- 4 -
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.
8. That the church services shall be limited to one
weekday service (beginning at 9:00 a.m.) and one Sunday service
(beginning at 10:00 a.m.). This condition shall not preclude
special religious services on holy days.
9. That there shall be no overlapping activities in the
church and social hall (with the exception of Sunday school
activities).
10. That this conditional use permit does not include
approval of any school, child care facility or playground.
11. That subject church shall be allowed evening operations
for committee meetings with a maximum attendance of fifty (50)
persons. The church shall be allowed a maximum of fifty two (52)
evening events that would accommodate the total congregation.
The events shall end early enough so that the parking lot is
empty by 9:30 p.m.
12. That the stairway located on the north side of the
social hall shall be used for emergency exit purposes only. The
door shall be kept closed during events.
13. That the property owner/developer shall install a
device (i.e. vehicular access gate or fence) to control vehicles
entering the site after hours.
14. That the bell tower may be used at 12 noon and 6 p.m.
seven days a week, and for call to service on Sundays.
15. That the dome and cross shall not be illuminated.
BE IT FURTHER RESOLVED that the City Council 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 Resolution, and any approvals herein
contained, shall be deemed null and void.
8939.1\J%4~ITE\$eptember 29, 1994 - 5 --
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 27th day of
September, 1994.
CITY CLERK OF THE CITY OF ANAHEIM
8939.1\JWHITE\$eptember 29, 1994 6
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution
No. 94R-244 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 27th day of September, 1994, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Pickler, Hunter, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Simpson
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-244 on
the 28th day of September, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 28th day of September, 1994.
CITY CLERK OF THE CiTY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original
of Resolution No. 94R-244 was duly passed and adopted by the City Council of the City of Anaheim on
September 27, 1994.
CITY CLERK OF THE CITY OF ANAHEIM