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PC 80-38RESOLUTION NO. PC80 -33 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2057 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from WESLEY R. ADAMS, 515 West Valencia Avenue, Fullerton, California, 92632, owner, and REV. DON WEST, 544 Bond Avenue, Anaheim, California 92805, agent, of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: Beginning at the most Southerly Southwesterly corner of Parcel 1 as shown on a Parcel Map filed in Book 42, Page 21 of Parcel Maps, in the office of the County Recorder of said County; thence North 89 57' 11" East 120.31 feet along the Southerly line of Parcel 1 to a point; thence, South 0 03' 16" East 216.14 feet to a point on the Northerly line of that certain parcel of land conveyed to the State of California by deed recorded July 7, 1955, in Book 3129, Page 377 Official Records of said County; thence along said deed line, North 72 49' 42" West, 269.92 feet to an angle point in said deed being the Southeasterly terminus of that certain course in said deed described as being South 47° 28' 30" East 81.40 feet; thence along said deed, North 47 44' 12" West 81.40 feet; thence North 6° 57' 42" West 82.04 feet to the True Point of Beginning of said deed to the State of California, said point also being the southwest corner of Parcel 1 as shown on a Parcel Map recorded in Book 3, Page 42 of Parcel Maps, in the office of the said County Recorder; thence North 89° 57' 11" East 207.59 feet along the South line of the last mentioned Parcel 1 to the Point of Beginning. WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on February 25, 1980, 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 wit: to retain a church in the ML (Industrial, Limited) Zone with a waiver of: SECTION 18.06.060.0265 - Minimum number of parking spaces. (79 spaces required; 50 spaces existing) PC80 -38 2. That the proposed use is hereby granted for a period of one (1) year, after which time the use shall be terminated. 3. That the requested waiver is hereby granted on the basis that the church use has been in existence at this location for approximately one year and there have been no parking problems. 4. That 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. 5. That 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 of the Citizens of the City of Anaheim. 6. That the granting of the Conditional Use Permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 7. That 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. 3. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to retain a church in the ML (Industrial, Limited) Zone with a waiver of minimum number of parking spaces on an irregularly - shaped parcel of land consisting of approximately 1.6 acres having a frontage of approximately 210 feet on the west side of Daly Street and having a maximum depth of approximately 320 feet and being located approximately 320 feet south of the centerline of Via Burton Street; and does hereby approve the Negative Declaration from the requirement to prepare an environmental impact report on the basis that there would be no significant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for general industrial land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; that the initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declaration substantiating the foregoing findings is on file in the City of Anaheim Planning Department. 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 the owner(s) of subject property shall pay the difference between the industrial and commercial traffic signal assessment fees (Ordinance No. 3896) in an amount as determined by the City Council. -2- PC80 -38 2. That the church assembly area shall be brought up to 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. 3. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2. 4. That Condition Nos. 1, 2 and 3, above - mentioned, shall be complied with within a period of sixty (60) days from the date herein. 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 is signed and approved by me this 25th day of February, 1980. ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION 198 0. CHAIRWOMAN, ANAHEIM CITY COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF ANAHEIM ) I, Edith L. Harris, 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 February 25, 1980, by the following vote of the members thereof: IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of February, AYES: COMMISSIONERS: BARNES, BUSHORE, DAVID, FRY, HERBST, KING, TOLAR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE SECRETARY, ANAHEIM CITY'PLANNING COMMISSION - 3 - PC80 -38