95-187 RESOLUTION NO. 95R-187
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3780.
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 church in an existing 3-story, 13,231 sq.ft. office
building upon certain real property located within the City of
Anaheim, County of Orange, State of California, legally described
as:
THE WESTERLY 110.00 FEET OF THE SOUTHERLY
266.00 FEET OF THE EAST HALF OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO
LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS
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. PC95-108 granting Conditional
Use Permit No. 3780; ~nd
WHEREAS, the~?eafter, 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, ~che 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 ~n the area.
5. The grantin~ 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.
WHEREAS, the City Council does further find with regard
to the hereinafter specified proposed waiver(s) of Anaheim
Municipal Code requirements, other than the proposed waiver of
off-street parking requirements, as follows:
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; and
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; and
WHEREAS, uDe City Council does further find and determine
with regard to the proposed waiver of certain off-street parking
requirements that:
1. The variance will not cause an increase in traffic
congestion in the immadiate vicinity nor adversely affect the
adjoining land uses; and
2. The granting of the variance under the conditions imposed
will not be detriment]l to the peace, health, safety or general
welfare of the citizens of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that the findings and action of the City Planning
Commission granting said conditional use permit be, and the same
are hereby, affirmed ~nd that Conditional Use Permit No. 3780 be,
and the same is hereby, granted permitting a church in an existing
3-story, 13,231 sq.ft. office building on the hereinabove described
real property with a waiver of the following provisions of the
Anaheim Municipal Code:
Section 18.04.042.02_9 Required landscaped
setbacks for institutional uses.
(minimum 15 feet required
adjacent to residential zones;
none to 4 feet existing adjacent
to RM-1200 zoning)
Sections 18.06.050.026.0266 Minimum number of parking
spaces.
18.06.080 (99 spaces required;
and 18.44.066.050 5__~2 spaces existing and
recommended by the City Traffic
and Transportation Manager)
subject to the followSng conditions:
1. That all existing mature landscaping shall be maintained
and immediately replaced in the event that it becomes diseased or
dies.
2. (a) That the number of congregates at any one time shall
be limited to one hundred (100) persons, sixteen (16) years of age
and over. If the congregation exceeds one hundred members at any
one time, the applicant shall submit a parking management plan to
the Traffic and Transgortation Manager for review and approval.
(b) That church activities shall end before 10 p.m.
daily except on spe~ial church holidays (not to exceed ten [10]
days per year).
3. That approval of this use does not include approval of a
child day care facility.
4. That a plan sheet for solid waste storage and collection
and a plan for recyclYng shall be submitted to the Department of
Maintenance for review and approval.
5. That plans shall be submitted to the City Traffic and
Transportation Manag~r 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 -
6. That the driveway on Lincoln Avenue shall be
reconstructed to accommodate ten (10) foot radius curb returns in
conformance with Engineering Department Standards.
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.
8. That prior to commencement of the activity authorized by
this resolution or within a period of one (1) year from the date of
this resolution, whichever occurs first, Condition Nos. 4 and 5,
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.
9. That prior to final building and zoning inspections,
Condition Nos. 6 and 7, above-mentioned, shall be complied with.
10. 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 7th day of November, 1995.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
14727.1\JWNITE\November 9, 1995 -- 4 --
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. 95R-187 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 7th day of November, 1995, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Tait, Lopez, Zemel, Feldhaus, Daly
NOES: MAYOR/COUNCIL: None
ABSENT: MAYOR/COUNCIL: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-187 on
the 7th day of November, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 7th day of November, 1995.
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. 95R-187 was duly passed and adopted by the City Council of the City of Anaheim on
November 7th, 1995.
CITY CLERK OF THE CITY OF ANAHEIM