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Resolution-PC 2001-32~ ~ RESOLUTION NO. PC2001-32 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04333 BE GRANTED FOR TWO (2) YEARS TO EXPIRE MARCH 6, 2003 WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION NINE, TOWNSHIP FOUR, RANGE 10 WEST, S.B.B. & M., IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHWESTERLY LINE OF THE RIGHT OF WAY CONVEYED TO THE STATE OF CALIFORNIA BY LOUIS BOOMS AND WIFE, BY DEED RECORDED ON MARCH 21, 1935, IN BOOK 743, PAGE 18 OF OFFICIAL RECORDS, WHICH POINT IS DISTANT 208.41' FEET MEASURED ALONG SAID SOUTHWESTERLY LINE FROM THE INTERSECTION WITH THE CENTER LINE OF LOARA STREET; THENCE CONTINUING NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LAND CONVEYED TO THE STATE OF CALIFORNIA, 316.03 FEET TO AN INTERSECTION WITH THE NORTHEASTERLY LINE OF TME RI~HT ~F WAY OF SOUTHERN PACIF- IC RAILROA- D COMPANY, THENCE SOUTHEASTERLY ALONG SAID NORTHWEST CORNER OF THE TRACT OF LAND CONVEYED TO LOUIS BOOMS AND WIFE TO CHARLES 0. POTTER AND WIFE BY DEED RECORDED MARCH 28, 1930, IN BOOK 369, PAGE 88 OF OFFICIAL RECORDS THENCE EAST ALONG THE NORTH LINE OF SAID TRACT OF LAND CONVEYED TO CHARLES O. POTTER AND WIFE, 33.15 FEET TO A POINT DISTANT WEST 220 FEET MEASURED AT RIGHT ANGLES FROM THE CENTER LINE OF SAID LOARA STREET; THENCE NORTHEASTERLY A DISTANCE OF 80.67 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE FOLLOWING: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION NINE, TOWNSHIP FOURTH SOUTH, RANGE TEN WEST, S.B.B. & M., IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHWESTERLY LINE OF THE RIGHT OF WAY CONVEYED TO THE STATE OF CALIFORNIA BAY LOUIS BOOMS AND WIFE BY DEED RECORDED MARCH 21, 1935, IN BOOK 743, PAGE 18, OF OFFICIAL RECORDS, 102.14 FEET NORTH 77 DEGREES 49' EST, AS MEASURED ALONG A CHORD OF A CURVE HAVING A RADIUS OF 1540.00 FEET FORM THE BEGINNING OF SAID CURVE, WHICH END OF CURVE IS 223.93 FEET NORTH 79 DEGREES 43' 06" WEST, AS MEASURED ALONG THE SOUTHWESTERLY LINE OF SAID RIGHT OF WAY, FROM THE INTERSECTION OF THE CENTER LINE OF LOARA STREET WVTH THE EASTERLY EXTENSION OF SAID SOUTHWESTERLY LINE, AND RUNNING FROM SAID POINT OF BEGINNING SOUTH 18 DEGREES 07' WEST 53.15 FEET TO THE NORTHEASTERLY LINE OF THE RIGHT OF WAY OF THE SOUTHERN PACIFIG RAILROAD COMPANY, THENCE NORTH 57 DEGREES 12' 36" WEST ALONG SAID NORTHEASTERLY LINE, 205.07 FEET TOT HE INTERSECTION OF SAID NORTHEASTERLY LINE WITH THE SOUTHWESTERLY LINE OF SAID LAND CR5037PK.doc -1- PC2001-32 • i CONVEYED TO THE STATE OF CALIFORNIA, THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE, 197.35 FEET TO THE POINT OF BEGINNING. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 12, 2001 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.61.050.140 to retain an un-permitted church in an existing building with waiver of the following: Sections 18.06.050.020.026.0266 - 18.06.050.030.031 18.06.080 and 18.61.066.050 Minimum number of aarking sqaces. (38 required; 10 existing) 2. That the parking waiver, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reaso~ably foreseeable condi~ions o€ operatian of such use. 3. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. 4. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with Section 18.06.010.020 of the Anaheim Municipal Code). 5. That the parking waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for such use. 6. That the parking waiver, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. 7. That the proposed use, under the conditions imposed, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 8. That the size and shape of the site for the proposed use, as approved, is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 9. That the traffic generated by the proposed use, as approved, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 10. That granting of this 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. 11. That no one indicated their presence at the public hearing in opposition to the proposal; and that one letter was received in support. -2- PC2001-32 • • CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to retain an un-permitted church in an existing building with waiver of minimum number of parking spaces on a irregularly-shaped 0.25-acre property having a frontage of 120 feet on the south side of Manchester Avenue, a maximum depth of 82 feet, being located 210 feet west of the centerline of Loara Street, and further described as 309 North Manchester Avenue (Agape House of Prayer); and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That this conditional use permit shall expire in one (1) year from the date of this resolution, on March 6, 2002. 2. That three (3) foot high address numbers shall be displayed on the roof of the building in a color contrasting to the roof material. The numbers shall not be visible to any streets or adjacent properties. Said information shall be specifically shown on plans submitted for building permits. 3. That all existing water services sha41 confor~t to current Water Utility Standards. Any existing water services that are not approved by the Utility for continued use shall be upgraded to current standards, or abandoned by the property owner/developer. If the existing services are no longer needed, the property owner/developer shall abandon them. 4. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the current versions 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. Said information shall be specifically shown on plans submitted for building permits. 5. That the existing structures shall comply 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. Said information shall be specifically shown on plans submitted for building permits. The appropriate permits shall be obtaining from the Building Division. 6. That there shall be no accessory day care facilities or private schools permitted on this property. 7. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within finrenty four (24) hours from time of occurrence. 8. That signage for subject facility shall be limited to that shown on Exhibit No. 4, as submitted by the petitioner and approved by the Planning Commission. Any additional signs shall be subject to approval by the Planning Commission as a"Reports and Recommendations" item. 9. That the petitioner shall provide a minimum of three (3) potted plants be located in front of the building, as reviewed and approved by the Planning Department. 10. That no exterior amplified bells shall be installed or utilized in conjunction with this church. 11. That the trash baRels shall be stored out of public's view. -3- PC2001-32 ~ • 12. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement for public utility purposes to be determined as electrical design is completed. 13. That guard posts shall be installed around the existing fire hydrant located in the parking lot. 14. 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, 2, 3 and 4, and as conditioned herein. 15. That a letter shall be submitted to the Zoning Division requesting termination of Variance No. 127 (permitting the mixing of paint and a storage warehouse). 16. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, or prior to commencement of the activity authorized by this resolution, whichever occurs first, Condition Nos. 2, 4, 5, 42 and 15, above-mentioned, shall be complied with. Extensions for further time to complete said conditions rnay be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 17. That prior to final building and zoning inspections, or within a period of one (1) year from the date of this resolution, or prior to commencement of the activity authorized by this resofution, whichever occurs first, Condition Nos. 3, 9, 13 and 14, above-mentioned, shall be complied with. 18. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anak~eim Municipal Zoning Code-and any other applicable Gity, 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. 19. That within a period of one hundred twenty (120) days from the date of this resolution, the legal property owner shall submit an application to the Public Works Department, Development Services Division, for either an Encroachment License or an Abandonment to allow the applicant to park adjacent to the building. Said Encroachment License or Abandonment shall be completed within six (6) months. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission 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 condition, 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 was ad edlat the Planyf4~~mmission meeting of March 12, 2001. / ~ ATTEST: CH9(IRPERSON, M C~FTY PLANNING COMMISSION ~ 5~.~-A.a.~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2001-32 i ~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Osbelia Edmundson, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on March 12, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: ARNOLD IN WITNESS WHEREOF, I have hereunto set my hand this a~ day of C"~11o.~.~~ , 2001. ~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2001-32