94-217 RESOLUTION NO. 94R~217
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PEi~MIT NO. 3691.
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 10,000 sq.fto church with accessory living quarters
upon certain real property located within the City of Anaheim,
County of Orange, State of California, legally described as:
THAT PORTION OF LOT 4 OF SOUTH PLACENTIA TRACT NO.
2, AS PER MAP RECORDED IN BOOK 5, PAGE 42 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 4;
THENCE NORTHERLY 598.25 FEET ALONG THE WEST LINE OF
SAID LOT; THENCE EASTERLY PARALLEL WITH THE NORTH
LINE OF SAID LOT TO A POINT WHICH IS EASTERLY
340.00 FEET, MEASURED ALONG SAID PARALLEL LINE AND
THE PROLONGATION THEREOF, FROM THE CENTERLINE OF
CYPRESS AVENUE; THENCE SOUTHERLY PARALLEL WITH SAID
WEST LINE TO THE SOUTHEASTERLY LINE OF SAID LOT;
THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE
TO THE SOUTH LINE OF SAID LOT; THENCE WESTERLY
85.90 FEET ALONG SAID SOUTH LINE TO THE POINT OF
BEGINNING.
EXCEPT THE NORTHERLY 120.00 FEET (MEASURED ALONG
THE WESTERLY LINE) THEREOF.
ALSO EXCEPT THAT PORTION THEREOF, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 4,
SAID CORNER HAVING BEEN CONSTRUED BY FORMER DEED
TO BE THE INTERSECTION OF THE WEST LINE OF SECTION
1, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO
MERIDIAN, AS SHOWN ON SAID MAP WITH THE WESTERLY
PROLONGATION OF THE SOUTHERLY LINE OF LOT 2 OF SAID
TRACT; THENCE NORTHERLY 199.52 FEET ALONG SAID WEST
LINE; THENCE EASTERLY 197.32 FEET PARALLEL WITH THE
NORTH LINE OF SAID LOT 4; THENCE SOUTHERLY PARALLEL
WITH SAID WEST LINE TO THE SOUTHEASTERLY LINE OF
SAID LOT 4 WHICH HAS BEEN CONSTRUED BY FORMER DEEDS
TO BE THE CENTER LINE OF THE UN-NAMED STREET NOW
KNOWN AS PLACENTIA BOULEVARD; THENCE SOUTHWESTERLY
ALONG SAID SOUTHEASTERLY LINE TO THE SAID WESTERLY
PROLONGATION OF THE SOUTHERLY LINE OF SAID LOT 2;
THENCE WESTERLY 85.90 FEET ALONG SAID PROLONGATION
TO THE POINT OF BEGINNING; 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. PC 94-84 granting, in part,
Conditional Use Permit No. 3691; 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
2
and all evidence and reports offered at said public hearing before
the City Council regarding said 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 there are special circumstances applicable to the
property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical
zoning classification in the vicinity.
2. That, because of special circumstances shown in (1)
above, strict application of the zoning code deprives the property
of privileges enjoyed by other property under identical zoning
classification in the vicinity.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 3691 be, and the same is hereby, granted
permitting a 10,000 sq.ft. church with accessory living quarters on
the hereinabove described real property with a waiver of the
following provisions of the Anaheim Municipal Code:
Section 18.04.042.020 - Minimum landscape
requirements.
18.04.06 (15-foot landscaped setback
between institutional
and 18.44.063.040 uses and residential uses with
2~7 trees required,
n~o setback or trees existing
along north and east property
lines;
and 2--2 trees required adjacent
to public rights-of-way, ~
existing)
BE IT FURTHER RESOLVED that the requested waiver is
hereby approved, in part, permitting the minimum landscaped setback
waiver along the east property line but denying it along the north
property line on the basis that there are special circumstances
applicable to the property consisting of location and surroundings,
which do not apply to other identically zoned properties in the
vicinity, because existing carports abutting the east property line
provide a visual screen between subject property and the adjacent
apartments but that there is no visual barrier along the north
property line where apartments face subject property; and that the
existing driveway along the east property line should remain in its
current location because it serves as an emergency accessway for
both subject property and the adjacent apartment complex to the
north;
8387.1\JWHITE\September 2, 1994
BE IT FURTHER RESOLVED that approval of said Conditional
Use Permit No. 3691 shall be subject to the following conditions:
1. That a minimum of one (1) covered parking space shall be
provided for the on-site resident.
2. That plans shall be submitted to the City Traffic and
Transportation Manager for his review and approval showing
conformance with the latest revisions of Engineering Standard
Plan Nos. 436 and 602 pertaining to parking standards and
driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said plans.
3. That all driveways shall be reconstructed to accommodate ten
(10) foot radius curb returns in conformance with Engineering
Department Standards.
4. That appropriate park and recreation in-lieu fees shall be
paid to the City of Anaheim in an amount as established by
City Council resolution.
5. That a plan sheet for solid waste storage and collection, and
a plan for recycling shall be submitted to the Department of
Maintenance for review and approval.
6. That all Code-required landscaping shall be installed prior to
final building and zoning inspections.
7. 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 and 2; including
the landscaped setbacks and trees required by the Zoning Code
along the north property line and in the setbacks along State
College Boulevard and Placentia Avenue, as specified in
Condition Nos. 6 and 8, herein.
8. That a landscape plan shall be submitted to the Planning
Commission for review and approval as a Reports and
Recommendations item showing on-site landscaping consisting of
a minimum fifteen (15) foot landscaped setback along the north
edge of the property and the Code-required trees to be planted
in the setbacks along State College Boulevard and Placentia
Avenue. Installation of such landscaping may involve
relocating certain parking spaces into the proposed landscaped
courtyard in front of the proposed church building.
9. That "no left turn" signs shall be installed at the driveways
to Placentia Avenue in a manner approved by the City Traffic
and Transportation Manager.
8387.1\JWHITE\September 2, 1994 4
10. 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. 2, 4, 5 and 8, 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.
11. That prior to final building and zoning inspections, Condition
Nos. 1, 3, 6 and 7, above-mentioned, shall be complied with.
12. 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,
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.
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.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 23rd day of August, 1994.
MAYOR OF THE-CITY O~N
ATTESTz/'~
CITY CLERK OF CITY OF ANAHEIM
8387.1\JtJHITE\September 2, 1994 5
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-217 was Introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 23rd day of August, 1994, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-217 on
the 24th day of August, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 24th day of August, 1994.
CITY CLERK OF TH~ITY 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-217 was duly passed and adopted by the City Council of the City of Anaheim on
August 23, 1994.
CITY CLERK OF THE CITY OF ANAHEIM