88-135RESOLUTION NO. 88R-135
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2981.
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
from KAEMPFER/WOLFF-I,A PALMA, 4 Civic Plaza, Suite 350, Newport
Beach, California 92663, owner and VINEYARD CHRISTIAN FELLOWSHIP,
4854 Main Street, Suite F, Yorba Linda, California 92686, agent,
to permit a church upon certain real property located within the
City of Anaheim, County of Orange, State of California, legally
described as:
PARCEL A:
PARCELS 1, 3 and 5, AS SHOWN ON A MAP FILED IN BOOK
140, PAGES 49 and 50 OF PARCEL MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON
SUBSTANCES, LYING BELOW A DEPTH OF S00 FEET FROM THE
SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT OF ENTRY
UPON ANY PORTION OF TtiE SURFACE ABOVE A DEPTH OF S00
FEET TO TAKE, MARKET, MINE, EXPLORE OR DRILL FOR SAME,
AS RESERVED IN DEED FROM A & W KRAEMER, INC., RECORDED
FEBRUARY 26, 1970 IN BOOK 9225, PAGE 680 OF OFFICIAL
RECORDS AND IN DEED EXECUTED BY WALTER W. KRAMER, AS
HIS SEPARATE PROPERTY AND ALFRED O. KRAEMER, A SINGLE
MAN RECORDED ~ARCH 18, 1968 IN BOOK 8545, PAGE 43 OF
OFFICIAL RECORDS.
PARCEL B:
AN EASEMENT FOR INGRESS, EGRESS AND UTILITY PURPOSES,
OVER, UNDER, ALONG AND THROUGH THE NORTtiERLY 401.00
FEET OF THE WESTERLY 15.00 FEET OF PARCEL 4 AS SHOWN
ON A MAP FILED IN BOOK 140, PAGES 49 AND S0 OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE
COUNTY, CALIFORNIA.
PARCEL C:
AN EASEMENT FOR INGRESS AND EGRESS PURPOSES OVER TEE
EASTERLY 20.00 FEET OF PARCEL 2, AS SHOWN ON A MAP
FILED IN BOOK 62, PAGE 7 OF PARCEL MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA;
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 Hunicipal Code; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself arid in its behalf and
after due consideration of all evidence and reports offered at
said hearing, did adopt its Resolution No. PC88-53 granting
Conditional Use Permit No. 2981; 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 consi-
deration 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
ing land uses and the growth and development of the area
it is proposed to be located.
adjoin-
in which
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 ali evidence and reports offered at said public
hearing before the City Council regarding said requested
waiver(s), that ali of the conditions set forth in Section
18.06.080 of the Anaheim Municipal Code are present and that said
waiver(s) should be gramted, for the following reasons:
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1. The variance(s) will not cause an increase in traffic
congestion in the immediate vicinity nor adversely affect the
adjoining land uses; and
imposed
general
The granting of tile variance(s) under the conditions
will not be detrimental to the peace, health, safety or
welfare of the citizens of the City of Anaheim.
NON, THEREFORE, BE IT RESOLVED by tile City Council of
the City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 2981 be, and the same is hereby,
granted permitting a church on the bereinabove described rem
property with a waiver of the following provisions of the Anaheim
Municipal Code:
SECTIONS
18.06.050.0212 - Minimum number of parking
18.06.050.266 [656 spaces required; 577
18.06.050.031 existing)
18.06.080
18.61.066.050
spaces·
spaces
subject to the following conditions:
That due to the change in use and/or occupancy of the
building, plans shall be submitted to the Building
Division showing compliance with the minimum standards
of the City of Anaheim, including the Uniform Building,
Plumbing, Electrical, Mechanical and Fire Codes as
adopted by the City of Anaheim. The appropriate permits
shall be obtained for any necessary work.
That in conformance with Code Section 18.61.050.614, the
temporary church use of subject property shall be
limited to a total of not more than three (3) years
duration (from the date herein) within any consecutive
ten (10) year period, and further provided that such
use, other than church office staff, shall not be
permitted on Mondays through Fridays prior to 6 p.m.
That a reciprocal access and parking agreement, in a
form satisfactory to the Ciy Attorney, shall be recorded
with the Office of the Orange County Recorder. A copy
of the recorded agreement shall then be submitted to the
Zoning Division.
That a traffic signal assessment fee equaling the
difference between the industrial and places of assembly
assessment fees shall be paid to the City of Anaheim in
an amount as determined by the City Council.
That the proposal shall comply with all signing
requirements of the ML(SC) "Industrial, Limited-Scenic
Corridor Overlay" Zone, unless a variance allowing sign
waivers is approved by the City Council, Planning
Commission or Zoning Administrator.
-3-
o
That subject property shall be developed substantially
in accordance with plans and specifications on file with
tile City of Anaheim marked Exhibit Nos. 1 and 2.
o
That prior to the commencement of the activity
authorized by this resolution, or prior to issuance of a
building permit, or within a period of one year from the
date of this resolution, Condition Nos. 1, 5, 4 and 6,
above-mentioned, shall be complied with. Extensions for
further time to complete said conditions may be granted
in accordance with Section 18.05.090 of the Anaheim
Municipal Code.
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 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.
TIlE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 29th day of March, 1988.
MAYOR OF THE CITY OF~NAHEIM
ATTEST:ci~ OF
JLW/jd
2378L
033088
CLERK
STATE OF CALIFORNIA )
COUN%Y 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. 88R-135 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 29th day of March, 1988, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND i FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 88R-135 on the 4th day of April, 1988.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 4th day of April, 1988.
CITY CLFRIK OF THE CITY OF ANAHEIM'
(SEA~)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 88R-135 duly passed and
adopted by the Anaheim City Council on March 29, 1988.
CITY CLERK OF THE CITY OF ANAHEIM