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Resolution-PC 92-53~tCSOLLJ'I'ION.,L~10. NS~2-5~ A Z2ESULUTIUN (~i' T.E-[E ANAHEIM CITY PLANNING C~MMISSION THA'T' PETI7 dOi~1 r~^,e' ~'C~NDiTIONAL USE PERMIT NO. 3515 BE GRANTEU V~~9-IER~AS, ~h~: ~Uiaheim City P1lnning Commission did receive a verified Petition for Co:lditional Use Permit for certain real property situated in the City of ~naheim, Gounty af Orange, State of California, described as: TI-iA,T POR'TION OF TI-iL SOUTHWES'1' QUAItTEtt OF SECTION 8, TOWPdSHIP 4 SOU"_'H, ItANGB 1Q WLST, IN `I'HE RAN~HO LOS COYOTES, AS SI-IOWN ON A MAP REC~OItDED IN AOOK 51, PAGE 10 Or MISG~LLANEl7US btAP5, RECORDS OF ORANGC COUNT'Y, CALIFORNIA, DESCRIBED AS FOLLUWS: BEGINNING A'1'HE SOUTI-IEAS'i' CORNF.R OF LOT ~6 OF TRAC;T N0.18S1, AS SHOWN ON A MA.P RECORDEQ IN BOOK 56, PAGE 26 OF' SAIG 1VIISCELI.~~iVI~OUS M~-~1P~; THENCF. ALONG THE SUUTI-[ LINE OF 5AID LOT G6 AND THE PR,OLONCiATION THEREOP NORTH K9 DEG. 31' 00" WEST 197.00 FEET TO 'i'HF NORTHL'.RLY PRC7LONrATION OF THE EASTERT.Y LINE OF LINI~SAY ST~EET AS SHOWN AND DEDICATEU ON THE MAI' OF SAII7 TItACT 1851; 'CHENCE Si~UTH 0 DEr. in' 10" EAST 1Q~2.23 FEB'I' TO THE 1VIOST NORTI-IERLY CORNER OF' THE ~L.AND DESCRi}3ED IN TI3E DEEL~ TO TEIE STATE OF CALIFORNIA, RECOd2D~.D AZJGU3T 'L, 1957 I Ii00K 4010, PAGE 514 OF OFFICIAL RECOI2DS OF SE11D COUNTY; THENCE .ALONG TI-lE NORT.f3ERLY BOUNUARY Or S~'.Ill LAIvD SnU'T~~~AS'T~RLY 43.61 FEET' AJ ONC A CURVE, CUNCAVE NORTHEAST'ERLY, HAVING A RADIUS ~F 28.00 FEET;1'HEN~E SOUTH 8~1 T3~G. 31' 00" EAST 1b9.50 FEET ALUNG SAIll NORTHERLY BOUNDArY TO A LiNE BEAIZING SOU'~H 0 DEG.16' 10" EAST FROM THE POINT OP B~G1NI~11NG; 'THENCE NORTI I-I 0 DEG, lG 10" EAST FROM THE POINT OF BEGINNING; THENCE NOR'TH 0 DFG. 16' 10" ~VEST 170.U0 FEET 'I'O 'I'HE POINT OF BEGINNING. EXCEP'I'ING THEREFROM THAT PORTION OI' LINDSAY STR~ET AS SHO WN A.ND DEllICATED TO THE LJSE OF 'CHr PU~3LIC ON THE MAP OF SAID TRAC'I' N0. 1851. « CR 1478MS.wp -1- YC92-53 PARCEL B: PARCEL 2 AS SHUWN ON A MAP F1LED IN BOOK 129, PAGES 26 AND 2% OF PARC;E[. MAPS, RECORDS OF ORANGE COUN'TY, ~':ALIFORNIA. WHEREAS, thc City Planning Commission did hold u public heAring at t{~e Civ+c Center in thc City of Anaheim on April 20, 1992~ at 1:30 p.m., notice of said public hearing having beat~ duly given as required by law and in accordance with the provisions of the Anaheim Municipal Cod~, Chapter 18.03, to hear ~ind consicfer evidence fur and ugainst said proposed conditional u~e permit and to investigate und make findings and recommendtuions in connection therewith; and WHEREAS, said Commission, ~fter clue inspection, investigation and study made by itself and in its behalf~ and ~fter due consideration of al! evidence and reports offered .st said heari~ig~ does ~nd and detcrminc the following fac~c: 1. That the proposed iise is pro~erly one for which a conditional use pcrmit is authorixed by Anaheim 11 unicipal Code Sections 1g.44.050.13U and 18.81.O50.Q30 to permit a 5~148 sq. [t. church w•ith caret~ker's living quarters with the folluwing wavi~r: ~ecc;~_ 18.44.(1G3.041 - Reqi ire seiback ~Ji;~er, to resident'al zones. ~44.~,,Q~Q (Minimum lU f~~ landsc~ping required to patking and trash cnclosurc; on~ e to 8~g.t proposed) 2. 'I'hat there are special circumstances applicable to the property sucF, as size shape~ topogtaphy, location or surroundings, which do not apply to other :dentically aoncd propcrtics in the vicinity; 3. 7hat strirt aaplication of thc 2.oning Code deprives the property of privilcgcs cnjoycd by othcr propcrtics undcr idcncicul zoning classi~cation ir~ the viciniry; 4. 'I'hat the proposcd use is properly one f~~r which a runditional use permit is authorized by tfie 7.nning Cocfe; S. 'ThaR the prop~sed church will not adverscly affect the .d;oining land u.~es and she growth and development oE the area in which it is prc~pused to bc located because the ~ubject property is located adjacent to [.incoln Avenue and bccause thc siae and ~irientatic~n of thc proposed builcling is away from tl~c neart~y singlc-family r~esidcnces and ap•r:tmcnts theret~y minimizing thc impact of the churct~ on its neighbon; 6. 'l'hat thc rcqucsted waivcr will only impact t~ic ncighboring residcnccs during thc chnrch ~crviccs when thc parking Ic~t is fully utilizcd; -?.- PC92-53 7. That the size and shape of the site for thc proposed use is udequote to allow the full development af the proPosed usc in a rnam~er not detrimental to the particular area nor to the peace, health, safety, and general welfare; 8. That thc traffic generatcd by the propused use will not impose an uncluc burdcn upon the streets and highways cfesigned ~ind improved to ca.rry the t•raffic in tl~c area; 9. That the granting of the conditional usa permit under the conditions imposed will not be detrimcntal tu the pcace, l~ealth, safety and general welfare of the citizcns of the Ciry of Anaheim; and 10. That twa (2) concerned people and one (1) person in opposition indirated their presence at said public hearing; and that no correspondence was received in opposition to the subject petitiori. ~Q~,iFQ~NI~. ~NVIRONM NT - O ALI~TY ST FINDING: That thc Anahcim ~ity Planning Commission has reviewed thc proposal to pcrmit a 5,14i3 sq. ft. church with caretaker's living yu~rters and witt~ waiver of required setback adjacetit to residential zoning on a rectangularly-sh;tped parcel of land consisting of approximately 1.19 acres, baving a frontagc of approximately 85 feet on thc nortt~ side of Lincoln Avcnue, having a matiimum dcpth of approximately 610 feet, being lucated approximutcly 2l8 feet cast of the centetline of Lindsay Street and further described as 2141 Wesi t.incoln Avenue; ancl does hereby approve the Negative Declaration upon finding that thc dccluru-ion refle~ts thc independent judg~inent of the icad agenry and that it has considered thc Ncgative Declaration together with any commcnts rece.ived during the public review process and fiirther finding on the basis nf the initial study and any commcnts receivcd that thcrc is no substantial evidenec that tl~e project will have a significant cffect on the enviror.ment. NUW, THERCFORE, IiE iT RESULVEI) that the Anaheim Ciry Planning Commissior~ does hcreby grant subject Petition for C~nditional Use Ycrmit, upon the follawing conditions which are hereby found to bc a necexs:~ry prerequisite to :he praposed use of the subjcct properry in ordcr to preservc thc safety and gcncr~l welfare of thc Citizcns ~f t{~e City of Ana~icim: 1. That thc driveway on Uncoln Avenuc shall t~e constructed with tcn (1n) fc~ot ~adius curb rcturns a.~ requircd l~y the City Enginecr in cor~formance with Engineerin~ Stand~rcls. 2. 'll~at an ~n•sitc trash truck turn•arciund arca ahatl bc prcrvidcd in ac~ordancc with Eng{necring Standa~d qctail Na. 610 ~nd 1s reyuired by th~ ~epartment af Maintcnance. .3. 1'C92-53 3. That prior to issuance of building permit u fec, in the amount of onc hundred forty ~ve dollarti (~145) pcr oi~e tk-ousand (1,000) square feet of buiiciing floor area, shall be paid io the City of Annheim for sewer capucity mitigatiun. 4. That the hours of. operation shall be ttie followin~: Sundays: 9:00 a.rn. to 5:00 p.m. Tuesdays, Wedncsdays and 'I'hursdays: 7:00 p.m.to 9:15 p.m. Saturduys: 9:00 a.m. to 10:Q0 a.m. 5. That subject property shall be developed substantially in accordance :vith plans und specificsitions submitted to the Ciry of Anaheim by the petitioner ~nd which pians are on ~le with the Plunning Departmeni marked tixhibit Nos. 1 t}:r~«gh 3; provided. however, that: (a) A minimum eight (8) foot wid~ laudscaped setbuck sha;l be provided alanp, the west property line and that s~id landscaping shall include minimum fifteeri (1S) gallon sized trecs spacEd a maximum of twenty (20) fcet apart. The specific landscdpe plan for subjcct cight (8) foot wide planter shull bc appr~ved by the Planning Department prior to installation; a,~ (b) That the trash enclosure shail ~ be located adjacent to any residentially- zoned properry line and shall be located at least ten (10) feet aw~y ftom any residential zor-ing. 6. That prior to issuancc of a building pcrmit or witf~in ° ~criod of one (tj year from thc date of thls resolution~ whichever occurs ~r~t~ Condition No. 3, above-mentioned, shail be cortipiied with. Extensions far further timc to c~mplet~ ~aid conctit9pns nnay be granted in accordance witfi 5ection 18.Q3.J90 of the Anaheim Municipal Code. 7. That prior to Gnal building and zaning inspectiot~s, ronditi~n No~. i, 2 and S, aUove-mcntior~ed, shall bc complied with. 8. That the parking arca lighting shall consist af maximum twefvc (12) foot i~igh fixturc(s) aimed away from any n~arby residcntial zoninb. Any ~xtures located ncar residential znning shali havc a maximum one hundred cighty degrce of iliumination. Said IightinA fixtures shall be on uoly whert churc~ activities are uncicrway. ~, That approval of this application constitute; approval of the proposed requPSt only to the cxtent that it rnmplics with the An~heim Municipal ZcmiRg Codc and any other applicablc Ciry, State and Fedcral rcgulations. Apprnval dck.s not inctu~e any action or fcnJings a.s to compliance u~ ap{~rovai af thc request regarding any other applicable ordinance regul~tion or ~equirement. _q. PC92-53 BE [T FUR'TfIER RESOLVEU that the Anaheim City Planning Cummission does hereby find and determine tliat acloption of this Kesolution is expressly predicated upon applic:tnt's compliance with each and all of the conditians hereinabove set forth. Chould any such condition, or any part thereof', be decinreci inv~lid or unenforceuble by the ~nt-1 judgment of any court of competent jurisdictio.n, then this Resolution, anc~ any approvals t~erein contained, shalt be dcemed null and void. THE FI~REGOING RESOLUTIOI'd was adopted at the Planning CommiSSian meeting df April 20, 1992. , , ` ~ ~, ~ CHAIRMAN, ANAHEI CITY~ ^ ING COhiMI~SION ATTE'sST: n _..~'~ ~l.~ll ~,n-~.~Ll ~ ~ 1/".•~Gr ~C7. SECRET Y~ NAHEiM CTTY PI.ANNIIJG COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. C1TY OF P.NANTIM ) I, Margarita Solorio, Secretary of the Anaheim Ciry Plannina Commission, do hereby certify that the foregoing resalution was passcd ancl adopted at a meeting of the Anaheim City Planning Commission held on April 20, 1992, by the fallowing vote of the members thersof: ~-YEsS: CQMMISSIONBR5: BOUAS, BRISTOL, HELLYER, HFNNINGER~ NiTSSE, PERAZA. 'LEMEL NOCS: COti1M1S5IONERS: NONE Ai3SENT: COMM:S~IONERS: NONE ,,~ , 1N WiTNESS WHERE:QF~ I have hcreunto set my hand this ~~l ~~ day of 1 ~l. ~ _, 1992. ~ , (} ~r r.l~.,_I~~.~ `:(', l ~.n,~~, ~ I .U ~~ SECREI'AR~, ANAHCIM ~iTY PT.l~NNING COMMISSION .5. PC9?-53