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PC 76-86,~ ~ ~ RESOLi1TI0N NQ. PC7~-$f+ A RES~LUTION OF THF ANAHFIM CITY PLAI7tlING COMHISSIQiJ THAT PFTITI~F~ FOR CONQITlONAL US~ PERMIT NQ. 1h17 (RF.ADVFpTISFD) BF RRA~~TFO, IM PART. WHEREAS, the Ana'~eim City Plannin~ Commission dirl rPCPive a vPrlfied Petition for Conditional Use Permit Trom BAPIK OF AMERIC/1, 555 S. Flrnier Street, Los Angeles, California 90071 (O~~ner); VERNON MOP:ROE, 52~~ Seashore ~rive, Me4~port Re~ch, California ?2Ff+0 (Agent) of certafn real nroperty situated in the City nf Anaheim, County of clrange, State of California descrihed as: THAT P(1RTION OF THE EAST HALF OF THE HORTI!EAST QUARTFR OF THF PJQP,TNF.AST QUARTER OF SECTION 7, TQWNSHIP 4 S~UTH, RAMf,E 1~ WEST, IN THE RAt1CN0 LQS C~YOTFS, CITY Of AMAHE I M, COUNTY OF ORANr.,E, STATE OF CAL I FORN I A, AS SA 1 D SECT I nN I S SNO~•~N o"! A!~AP RECORDED !N BOOK 5T PAGE 10 OF MISCELLANE0115 MAPS, IN TNE ~FFICF. OF THE Cn(INTY RECORDER OF SAID COt1NTY, DF.SCRIBED AS F~LLn~as: DEG I tJN I N8 AT THF. P01 NT OF I NTERSEf,T I ~td OF TfIE SOUTHI•IESTERLY L I P![ OF TIIE LAH~ DESCRIRED IN THE DEED TO WESTERN DEVF.LnpMF~~T Cr1MPA1dY, RECf1RDED JIIME 1~, 1'7~ I"I BQOK 44 PAGE 496 OF DFEnS, RECORDS oF La5 ANr,FLFS COnNTY, CALIFnRtlIA brITH THF. EAST LINE OF THE NOP,TNEAST QUARTFR O~ SAID SECTIQ'I 7; THEI~CE SOl1TH na 43' 'i~" EAST ALONG TF1E EAST Ll~lc OF SAID SEf.TION 7 T(1 THE N~RTHFAST f,ORPIF.R OF THF SOUTHEAST OUARTER OF THE Nf)RTNEAST O.UARTER OF SAID SECTI~~J 7; THENf,E V!EST AL~~If, THE NQRTH LINE OF SAID SOUTHE.45T QUARTER OF THE MORTf~FAST OUARTER OF SA1f1 SFf,Ti~~~ 7 TO THE NORTHWEST CORNER Q~ THE EAST HALF OF SAIl1 SOUTHEAST O.UARTFR OF THF NORTHEAST QUARTER qF SAID S~CTION 7; T{1ENf,F NORTH ALOtiG THF "~ORTHERLY EXTF.NSIO~~ OF TNE WEST LINE 4F THE EAST H11LF OF SAI~ SQUTfiEAST OUARTER OF THF. ~JORTHFAST QUARTER OF SAID SEf,T10N 7 TO THE SQUTH LINF OF PARf.EL 1 D~SCRIRED I~i TfIF DEE~ Tf1 HERBER'f A. JOHNSTON, RECnRDF.D FERR~IARY Q, 1Q47 IN BOOK 11?.~ PA~F. ~3 OFFIr.IAL RF.CORDS; TIIENCE N(1RTH RP,° 3~3' ~!0" F.AST AL~IIt; SAI~ SOUTH LIt1F. T~ THF S~I~THFA57 CORNER OF SAID PARCEL 1, AS D[SCRIRED IN SAID DF.ED TO HF.RBERT A, JOHNST~"1; THENf,E WORTH Q° 43' 36" WEST ALQNG TIIE EAST LIt1E OF SAID PARCEL 1 TO THE SOI~THldESTF.PLY LIIJE OF SAID LAND CQ~~VEYED TQ WFSTERN DF.UFLOPMF.PIT C~MPAMY; THENCF. SOUTH ,7° '2' 36" EAST ALON~ SA I D SOIITHWESTE~LY L I NE TQ THF. P01 ~lT ~F BE ; I tIN I!It;, EXCEPT TNOSE PORTIONS DESCRINED I~J A DEED TO ST~TF ~F CALIFORD~IA RFC~Rf1FD J11NF. 14, 1q5~ IN BOOk 2027 PAr,E 1?.~ OF OFFICIAL RECORDS, BY DEED RFC~RI1Et1 FF?R~I.qP,Y 25~ 1955 IN BOQK 2973 PAr,E 60 OF OFFICIAL RECnRDS, AtID BY DEED RECORDED SEPTEt1BER ~+, 1974 IN BOOK 112?5 P/1GE ~336, OF OFFICIAL RF.CORDS. WfiEREAS, the City Planninq Commission did schedule a public hearing at the City Hall in the City of Anaheim on April 17., 197h, at 1:3~ P.m., notice of said public hearing having been duly given as required by laai and in accordance with the provisions of the Anaheim Munictpal Code, Chapter 1n.~3, to hear and consider evidence for and against said proposed conditional use and to investiqate and make findings and recommendations in connection there~•iith; said puhlic hearinq havina hPen continued to the Planning Commission of May 1~, 1A7(i; and IJHEREAS, said Commission, after due inspection, investigatfon and stu~ly r~ar1P by itself and in tts behalf, a~d after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1, ThaC the proposed use is properly one for ~ahich a c~nditinnal use permit is authorized by Code Section 1R,~1+,n5n.13~, to aiit: permit a church and church school in a planned commercial center i~ the CL (C~~1NF.RCIAL, LIMITF.fI) Znt•IE, with waivers of: a. 5ECTION iR,OG.Q~iQ - Minimum numher of arl;inq spaces. 5 3 required; 233 proposed b. SELTIOPI 1~.4~~.~2n - Permitted uses. (Industrial uses - not permitte~f c. SECTIQN 1Q.44.062.011 - Maximurn structural height. (15 feet xistin ) 1(~ t d g ee e ; and ? i? eet nermitte SECTION d 13.44.063,Q40 - Minimum structural setback. . 1!1 eet required; 5 feet existinc~) e. SECTIQN 1R,h4.068 - RequirPd site screening. ~~-~~ot masonr d wall required; none propose RESOLUTION N~. PC76-3F ~ ~ 2, That the petitioner s*.ipala[ed that the pronnsed church schnol consisted of Sunday school activities orily, and that ~ny expansion of the church t~ other than typical church functions would he s~n.i~~c Yn the revie~•~ ind anp mval of the Planning Commission. 3. That Waiver 1-a, above-men[ioned, was withdr!m~m hy the petitinner 4iith the stipulatton that a revised and specific plan showinq the fixed seatin~ in the place of main assembly within the church would he submitte~i to the Plannin~a Department and would indicate the proposed parking spaces woulrt he nrovi~iPd in conformance with Code standards. G. That Waiver 1-b, ahove-mentioned, is herehy granted to permit certain light industriai uses, as s~ecifiCd hy the Anaheim City Planning Commission, said r~aiver being granted on the basis that the petitioner demonstrated that a hardshin i•iould be created if not granted, since the location of the prooerty is n~t suited for a limited commercial shopping center with vchicula~• accessihility and visihility being substantially restricted from the nearhy arterial hi9h~•iay hecause of the ahove- grade freeway on- and off- ramps. 5. That Waivers 1-c and 1-d, ahove-mentioned, are herehy grante~i on the basis that the structures are existing and a har~lship ~vould, th~reforP, he created if said taaivers were not granted. 6. That Waiver 1-e, ahove-mentioned, is herPhy granted, in part, on the basis that the petitioner proposas to construct an R-foot high masonry wall al~ng the west property 1•ine and that Yhe existing chainlink fence sep~rating the suhject property from the RS-A-h3,~~~ ~~ne~f property to the south may rem~in bec~use sai~f property is developed with a public school. 7, That the 'proposed use, as granted, ~•rill not a~lversely affect the adjoining land uses and the growth an~i devel~pment nf the arPa in aihich it is proposed to be located. A. That the size and shape of the site pr~o~szd for the USP.~ as ~ranter~, is adequate to allow the full ~ievelopment of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety anrl general welfare of the Citizens of the City of Anaheim. Q That the Condttional llse Permit, as 9ranted, and under the r,on~iiti~ns imposed, will not be rletrimental to the peace, health, safety an~1 ceneral welfare of the Citizens of the City of ~naheim. t!1, That one (1) person appeared, representinn two (2) perscas present at said pubiic hearing in opposition; and no eorrespondence was received in ti~oosit~~m to sub,ject petition. ENVIRONMEIJTAL IMPACT REP~RT FItJDIt~G: That the Anaheim ~ity ?lanning Commission does herehy recommen~l tn the Citv Cnuncil that the subject proJect be exen~t from the requirement to nrep~rr. an environmental impact report, pursuant to the provisions of the California Environmental 2uality Act. NOW, THEREFQRF, BE IT RESOWF.D that the Anaheim City Planning f.ommission does hereby grant, in part, subJect Petiti~n for Cor,~litional Use Permit, upon the following conditions which are hereby found to he a necessary prerequisite to the proposed use of the subJect property in order to prr.serve the safPty ancf genPr~l o~elfare of Lhe Citizens of the City of Anaheim: 1, That sidewalks shall be installed alon~ Sequoia Avenue and Rr~okhurst Street as reyuired by the City Engin~er and in accordance with stand:~r~i plans anci specifications on file ln the Office of the Ctty Engineer. 2, That street llghting facilities along Sequoia Avenue an~1 Rrnokhurst Street shall he insCalled as required by the Director of Puhlic Ittilittes, anrl in accordance with standarcl plans and snecifications ~n file in the Cffice nf the Director of Public Utilities; or that a bond in an amount and form satis~actory to the City of Anaheim shall he posted with the ~icy to guarantee the installati~n of thc: above-mentioned requirements. 3, In the event that subJect prorer':Y is to he ddvided for thr_ purpose of sa'le, lease, or financing, a parcei map, tn recorri the ~pproved divisiun of suh~ect _~_ RESQLUTIQM N0, PC7F-~~ ~ ~ property shall be submttted to and approved by the City of Anahe~m an~! then be recorded in the offir,e of the Orange County Re~order. Q, That the existing struc:tures shall be br~ught up to the minimum standards of the City of Anaheim, including the tlniform Ruilding, Plumbinq, Elzctrical, Mechanical and Fire Codes as adepted hy the City of Anaheim. 5, That the northernm~st driveway ~n D'~okhurst Street shall he closed an~1 replaced with standard curb an~t gutter and sideti•relk. G, That trash storaye areas shall be provided in accordance with apnr~ved plans on file with the Office of the Direct~r of Puhlic W~rks. 7, That fire hydra~ts shall he installed and charged as required and determined to be necessary by thP Chief of the Fire Department prior to commencr.ment of structural framing. $, That sub}ect propert~~ shall be developed suhstantially in acc~rdance ~aith plans and specifications on file with the City of Anaheim marked Exhihit Plos. 1 and 2; pr~vided, however, that an A-foot hic~h masonry wall shall he constructe~i along the west property line, as stipulated to hy the netitioner; and tFat parkinc~ spaces shall be provided in accordance with Code standards and, therefore, i~ order to determine the number of parking spaces reautred, pians shall be submitt.ed to the P'.anning Department for approval indicating the numher of fixed seats in the ~lace of main assembly inside the propo~ed church facilities, as stipul~ted to hy the oetitioner. 9, That Conditlon Nos. 2 and 3, above-mentioned, shall he complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the 6uilding permit is issued, or within a period of one (1) Ye~r from date hereof, whichever eccurs first, or such further time as the Planninq Commission and/or City C~uncil may grant. ~p, That Condition Hos. 1, ~~, 5, ti, and P,, ahove-mentioned, shall be complied with prior to final huilding and zonin9 inspections. 11. That this conditional use permit ts granted to nermit certain light industrial uses on the sub_ject property; and, in order to provide guidelines for Planning Department determination as t~ tvhether specific uses are permitted, the following may be permitted as indicated: a. Cabinet shops and carpentry shops (including the sale and fahrication of picture ~rames); provided, however, that t!~is use chall be limited to a maximum of five (5) empl~yees. U. Mail order firms. c. Product fabrication; prnvided, hooiever, each use which is intended to qualify under this classification shall he suhmitted in written form to the Planning Commission for reviea~ and approval in orrler that a determination may be made as to ~ahether the nr~nosed use would be appropriate for the site. d. Research and tzsting firms, such as architectural and engineering ' firms. e. Wholesale businesses, includin9 storage, light warehnusing ancl product disnlay of light pr~ducts such as paper, small nnvelty items, glasswork, etc. f. Automobile and boat repair, including mechanical, f~l?ricatian an~1 painting oF automobiles a~d hoats; provided; ho+aever, that this use shall be subJect to Planning Commission approval and shall he restricted as follows (as stipulated to by the petitioner): (1) A maximum of five (5) employees, (T) No business activtty shall be conducted on Sunday, (3) The use shall be restrlcted to tenancy in the existing approximately ~~,SQ~ square foot building which is lacated in the southwest corner of the suhJect property, ~nrl sai~ buil~iing shall not be expanded in any manner. _3_ RESOLUTION N0, PCj~-~F ~ ~ (b) All business activity shall be conducted inrioors. If ambiguity exists concerning a particular request in connection with permitted uses under this conditional use perm?t. the matter shall he suhmitted to the Planning Commission f~r determTnatinn. The appllcant may appeal any Plannin9 Department decision to the Planning Commisslon. THE FOREGOIN~ RESOLlITION is signed ancl approved hy me this l~th day of Nay, 197F. ~ -- C AIR:~I1N PROT` ORF. ANAHE114 CITY PLANNIMG COMMISSI~t! ATT[ST: ,~Lr~c~a.~ c , ~J SECRETARY, A~IAHEIM Cl Y PLANIIING COM!11SSIO~J STATE OF CALIFORNIA ) COUNTY OF QRANfE )ss. CITY OF AtJAHEIM ) . I, Patricia B. Scanlan, Secretary of the City Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was p~ssed an~l adopted at a meeting of the City Planning Commission ~f the City of Anaheim~ held nn May 10, 1Q7F~, at 1:3~ P.m., by the following vote of the members thereof: AYES: i.DMMIS510NERS: BARNF.S, J~IINSOPI~ I:IN6, MORLEY, TOLAR~ HFRRST tJOES: COMMISSIONERS: MOtdE ARSEtJT: Cf1MI11SS10NERS: FARAt10 IN IJITtIECS blHEREOF, I have hereunto set my hand this 1~th day of t1ay, 1~7~. O~J,~~~~ SECRcTARY, At~AHE I11 C ITY PLA~P.~ I tJG CO'^.M I SS I ~~I _4_ RESOLUTl01a N0. PC76-A6