86R-377
RESOLUTION NO. 86R-377
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2822.
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 JOHN KOCYLA, P. O. Box 9832, Anaheim, California 92802, owner
and JEFF BACKER, 1943 Sunny Crest Drive, P. O. Box 277, Fullerton,
California 92635, agent upon certain real property located within
the City of Anaheim, County of Orange, State of California,
legally described as:
THAT PORTION OF LOT 27, ANAHEIM EXTENSION, AS SHOWN ON
A MAP OF SURVEY MADE BY WILLIAM HAMEL IN 1868 AND
FILED IN THE OFFICE OF THE COUNTY RECORDER OF LOS
ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER LINE OF VERMONT
AVENUE, DISTANT THEREON 162.09 FEET NORTHEASTERLY FROM
ITS INTERSECTION WITH THE CENTER LINE OF PALM STREET;
RUNNING THENCE NORTHEASTERLY ALONG SAID CENTER LINE OF
VERMONT AVENUE, 300 FEET: THENCE SOUTHEASTERLY
PARALLEL WITH THE EASTERLY LINE OF THE PARCEL OF LAND
DESCRIBED IN CERTIFICATE OF TITLE NO. 7725, IN THE
OFFICE OF THE REGISTRAR OF LAND TITLES OF ORANGE
COUNTY, CALIFORNIA, AND THE EXTENSIONS OF SAID LINE,
257 FEET; THENCE SOUTHWESTERLY PARALLEL WITH THE
CENTER LINE OF VERMONT AVENUE, 300 FEET; THENCE
NORTHWESTERLY PARALLEL WITH THE EASTERLY LINE OF THE
PARCEL OF LAND DESCRIBED IN SAID CERTIFICATE OF TITLE
NO. 7725, AND THE EXTENSIONS OF SAID LINE, 257 FEET TO
THE POINT OF BEGINNING.
EXCEPTING THE EASTERLY 150 FEET AND THE WESTERLY 75
FEET THEREOF.
ALSO EXCEPTING THEREFROM THE NORTHWESTERLY PORTION
INCLUDED IN VERMONT AVENUE; 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. PC86-l84 granting
Conditional Use Permit No. 2822; 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
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 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.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated, the
action of the City Planning Commission granting said conditional
use permit be, and the same is hereby, affirmed and that
Conditional Use Permit No. 2822 be, and the same is hereby,
granted permitting a church in a converted residential structure
on the hereinabove described real property with a waiver of the
following provisions of the Anaheim Municipal Code:
SECTION 18.06.050.0212
18.06.050.022
18.06.050.0264
18.06.050.0266
18.06.080
AND 18.44.066.050
Minimum number of parking
spaces
subject to the following conditions:
1. That a perpetual easement agreement with the owner of
the property to the west, providing for circulation of trash
trucks from one parcel to the other, shall be submitted to the
Planning Department and then be transmitted to the City
Attorney's Office for review and approval. The approved
agreement shall then be filed and recorded in the Office of the
Orange County Recorder and a copy thereof shall be furnished to
the Planning Department.
2. That the owners of subject property shall acquire a
recorded covenant granting an access easement from the property
owner immediately west of subject property for ingress and
egress purposes to subject property. Said easement shall be
designed in a manner satisfactory to the City Traffic Engineer
and said covenant shall be in a form satisfactory to the City
Attorney. A copy thereof shall be furnished to the Planning
Department.
3. That prior to the rendering of water service or prior
to issuance of building permit, the appropriate fees due for
primary, secondary and fire protection shall be paid to the
Water Utility Division by the Developer in accordance with Rules
l5A and 20 of the Water Utility Rates, Rules and Regulations.
4. That the owner of subject property shall pay to the
City of Anaheim a fee for street lighting along Vermont Avenue
in an amount as determined by the City Council.
5. That subject property shall be developed substantially
in accordance with plans and specifications on file with the
City of Anaheim marked Exhibit Nos. 1, 2 and 3.
6. That prior to issuance of a building permit, or within
a period of one year from the date of this resolution, whichever
occurs first, Condition Nos. 1, 2, 3 and 4, 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.
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7. That prior to final building and zoning inspections,
Conditions No.5, above-mentioned, shall be complied with.
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 19th day of August,
1986.
ATTEST: /---, /r c-> /' r
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CITY CLERK OF THE CITY OF ANAHEIM
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090486
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CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 86R-377 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 19th day of August, 1986, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth
NOES:
COUNCIL MEMBERS: None
ABSENT:
COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 86R-377 on the 12th day of August, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 19th day of August, 1986.
c~tHE~
(SEAL)
I LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 86R-377 duly passed and
adopted by the Anaheim City Council on August 19, 1986.
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CITY CLERK