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Resolution-PC 96-57~ ~ aFSp~~(T'~ON NO. PC96-57_ A RESOLljT10N OF THE ANAHEIM C1TY PLANNING COMMISSIOiV THAT PETITION FOR CONDITIONAL USE PERMiT NO. 3840 BE GRAPtTED WFEERFAS. the Anaheim City P~¢d i~e Cf~ty ~ dMahe~~Courrty af Orangei Sta e ~ond~ional Use Pennft for ceataln real property of Califomia, described as: THAT P+"~~TION OF THE WEST HkLF OF THE SOUTHEAST QUQRTER OF THE SOUTH~A~T QUARTEFt AF SECTION 7, TOWNSHIP ~ SOUTF'i, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE RANCHO LOS COYOTES, AS SHOYVN ON A MAP THEREOF RECORI3ED .IN BOOK 51, PAGE 10, MISCELLANEOUS MAPS, RECARDS AF SAID ORANGE COUNTY, DESC~IIBED AS FOLLOWS: BEGI'~VPlJNG I4T A POINT ON THc WEST UNE OF SAlD WEST HALF OF THE SpUTHEAST QUARTER OF 'PHE SOUTHEAST ~UARTER OF SECTION 7, DISTANT ALONG SAID WEST UPiE NORTH 0 DEG.16' 5T WEST 40 FEET FROM THE SOUTHWEST CORNE~i C1F SAID WEST HALF, THENCE PARALLEL WITH THE SOUTH UNE OF SAID 1NEST HAi.F, NQRTH 89 DEG. 01' 59' EAST 222.78 FEET; THENCE NORTH 0 DEG. 58' 01' WEST 7.00 FEET TO THE BEGlNNINC; OF A CUAVE CANCAVE NORTHWESTERLY AND HAVING A RADIUS GF 25 FEET A RADIAL IJNE TO SAID CURVE BEARS SOUTH 0 DEG. 58' 01' EAST; THENCE ALONG SAID CURVE, NORTHEASTERLY THROUGH A CENTRAi. ANGLE OF 89 DEG. 18' ~6' AN ARC DISTANCE OF 36.97 FEET; THENCE TAN,~aENT TO SAID CURVE, kORTH 0 DEG. 16' 5P WEST 194.29 FEE'r; THENCE SOUTH 89 D~G. 01' 59' WEST 247.40 FEET TO SAlD WEST UNE, THENCE ALOt~G SAID WEST LINE, SOUTH 0 DEG. 16' 5T VUEST 226.00 FEET TO THE POfNT OF BEGINNING. IXCEPT THE WEST 50.00 FEET THEREOF. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 10, y996 at 1:30 p.m., rtoUce of said Public hearing having been duly given as required by law and In accordance wfth thc~ provislons of the Anaheim Munictpal Code, Chapte! 18•03, to hear and cons~der evtdence for and agafns: sald proposed condiUonal use permit and to irnastigate arxl make ftndings and recommendaUons in connection therewith~ and WHEREAS, said CommEssion, after d~e inspection, irnestigatbn and study made by itself and (n its t,ehalf, and after due conskleratlon of all evidence and reports oifered at said hearing, does flnd and dotermfne the fdlowing iacts: 1. That the proposed usa Is properiy one for which a conditi~nal use permit is authorized by Anahefm Municipal Code Section 18.44.050.130 to permft a church in an extst~ng offlce complex vvich waNers of the fdlowing: (a) Section 18.04.042 - Minimum ser~.~k of institutiona! ~ses ab~mina a resider~tial ~one boundarv. 1 F f required along north property line; 9~s fe~t proposed) CR2S71 EIIS.WP _1 _ PC96-57 ~ ~ (b) -~'~ictlons 18.06.Q5~.0266 - lullni~n~im number of ~arkina sDa.es. 18.06.084 (7~ requ(red~ .~. ProPosed; m(nimum 49 ap~xoveci and 18.44.066.Oa4 and rec~omme~ded by the City Traftic and - TrPnsportatbn Manager) 2. That there a~o special circumstsnces applicable to the propercy c~nsistlrs9 of hs siza a~d ~he c~r~flguration of the existin~ buqdings, which do not appiy to other idertttcally zoned prope~les in 4he vlcintty and wh~h Ji.~stlfy wawer (a) pertaln(ng to the rrinfmum 15-foo: landscape setback requiremsrtii abutting a residen~fal zone boundary; and that an unnecessary hardshiP exisTs ~n that a substarrtial loss of on-site parking woutd result ff encroachment of parki~8 sPaces into the setback area were denied. 3. That strk~ app~lcation of the Zoning Code deprNes the property of privUe9es enJoyed by other propenies under iderull~U zontng dassiflcation In the viciniry. 4. That the parkfn~ walver (b), under the condiUons impo~ed, wpl not cause fewer off-street parking spaces to be pravkJed for such use than the number of such spaces necessary to acxommadate ali vehides attributable to such use unde: the normal and reasonably foreseeabie condition~ of operation of such use. 5. That, basad on U~fom~ation s:ontained ~n the submftteol park~ng study, the City Traffic and Transportation Manager recemmended appmval uf the Parking waiver under the assump*.lons and conclusions faund in safd parking study relating to the operatlon and iMensfty of the use, as fdiows: (i~ 1'he proposed use will require and maGnain a minimum of 49 pa~{dng spac~s: (ii) The church affices and leased office/meeting space wAI not be utilized ~.t tP~d sar-te tlma Sunclay worship serv(ces or other worship or fellowship se-viGes are bei!~j conduderf upon the prsmtses; (ii~ The sanctuary and feilowship hail willl be Iimite:i to a maximum occupancy of ~ people; and (iv) The on-site parktng sup~ly exceeds the Peak Parkfng demand for ti~is speciflc use, and a~~tictpaxed parking needs wUl not (ncreaso the on-site parking demand nor impact the surroundfng land uses during peak hours of operatlon. 6. That the parfcing waiver, under the coruiit~ons fmposed, will not increase the demand and competition for par{c(ng spaces upon the pubiic strRets in the lmmediate viciniry of the proposed ~se; 7. That the parking waiver, under the condft~ons imposed, wUl not increase the demand and compeUtfon for parktng s~,aces upon adJacent prNate properry in the tmmediate vicfNry of tha proposed use (whkh pruperty is not expressiy provided as park~ng for such u;e under an agreemerit in aompliance with Section 18.06.070.020 of this Code); 8. That the parking wetver, under the condiUons Imposed, wpl not increase traffic congestion, no(s~, air pollutton, or va~ic ctrculaUon conflfcts, within the off-street parking areas or lots provided for such use; - 9. ThaE th9 parkinS wafver, under ths condftions imposed, wni not increase trafflc congestfon, nofse, afr pollution, or (mpede vehict~lar fngress to or egress from adjacent propertles, upon the puW~ streets In tha insmedtate viciniry ai the proposed use~ 10. That the prnposed use wG1 not adversely affect the adjolning larxl uses and the growth and development of the area in wh(ch ft ts proposed ta be locate~ because sublect ProPBrtY 8~d ~e surrounding area are iully developed with commerctal arxl resi~ential larxi uses, a~ .d the proposed church use is compaUWe wfth those surroundfng land uses; -2- PC9Fi-57 ~ ~ 1i: "fh~~ ;:5he and shap~ ~` the site for the proposed use is adsquate to allow the full :?evelop~~!n R. af ttx rapr,sed use in ~ ns~:r.nar n~t de+~nenY,al to the parJcular area nor to the peace, ' i~fl,It`~. ~:.~~ety. a'~ ;:a~~:.o ti;;~':aeca; `s2. i'i~ '~,,• .'.a3"s ,,,' ;:: "ax.~+ by th9 p:r.•t~4 :a:', use wil! not Impose an undue lwrden upon the 5~HB2'1 &~'K~ Ca ,~i:~~~+'Se C~BS~OII1Ca+'•t BRi~ ~.~. i:S.^~:"e9L '. ~'.::~ tld~C <<I ~i@ A«93i 1.'j A"e,'.'t:~Y ~t{1 9~~ 4:: 5~1..R 4~'.~.:tilD~18~1 1lS8 P8(fTi1~ Ufld@f Lh6 COf1d1IfOY13 1f11pOS9d~ Will flOt b9 detrimentai to the :asace~ h~.~-'::, bafetY ar~d zic;nerai m~etEare o# the citizens of the City crf Anaheirra; and 14. That no o~e indk:ated their (xesence at sald Pubiic hearinp In opposition~ arid that no correspondence was receNed In opposiilon to the subjec~ petitfon. r~e~ ~cORhIA Elr:"RON "I~NTAL QUAUTY ACT FlNDINSa: That the Anaheim City Planning C~mmfss(on i~as revtewed the proPos~l ta Permit s church In an existing office camplex with waNers of minimum setback of Irutitutlonal uses abuui~9 8 reskie~ia~ Zone b°undary and minlmum number of ~~~~ S~~ ~ a ~~~g~~y_~ped p~rcel of land consisting of approximately 0.74 acre lacated at the northwast comer of L(ncoln Avenue and Mor~terey Street~ having appro~mate ftontages of 155 feet on the north side c~ Lincdn Avenue and 267 feet on the west side of Mor-terey SVeet, and further described as 2275 Wast LJncoln Avenue; and does hereby approve the NegafNe De~aration upon flnding that the dedarailon reflects the independent Judgement cf the lead agency arxl that ~ has cons(dered the NegatNa DedaraUon together with any comments receNed during the pubUc revfew process arxi further flnding on the basis of the Inftial study and any comments receNed that there I~ no su~stantk~l evidence that the project wiU hava a sign~iCant eifeci on the e-rvlronmeM. NOW, THEREFORE, BE IT RESrJLVED that the Anahefm Ciry Planning Commission does hereby graM subJect Petftlon for Cond~lonal Use PeRnk, upon the fdlowtng corxl ~i ~~ ~~N88~ found to be a necessary prerequisite to the propased use of Uie subject prope-ty safery and general welfare of the Cftizens of the CitY of Anaheim: 1, That the property ownsr/developer sFiall submN s revised detaUed landscaPe Plan to the Z°~~~9 DNision for review arxl approval showing: (a) A minimum of ten (10), minimum 9ft~an (15) gallon-sized, trees along the norti~ (xopercy iine having a separation of not more than twenty (20) feet on-centers; (b) A mi~iimum ten (10) foot wide landscaped setback along Llncdn Avenue; and (cj A mEnimum flve (5) foot wide landscaped setback alor:~ MoMerey Sueet adJacent to the pa~lcing lot area. 2. That the exlsUng block wali located al~ng the north property Ilne (abutting single famqy residences) shaU be constructad to a height of six (6) feet from flnished grade, 'p.aroiRd with fast-flrowinfl dinging vinas. ard pertnaneMly maintained thereafter. qinging vfnes shall be not less than one (1) gallon in size rwr shall su~h piants be spacad more than three (3) feet apart at tlme o# planting. 3. monument-style ~ 9 en ~mum hei~gMn of sbc (61~eet from~thne ftnisFs~ de. 9n, ~I be of a 4. That :tie exterior wal~s of the ~on in size nor~spaced m~ore than three (3 ~ feet apart at Umei of vines not less than o~e (1) 9a plaMing. 5. That parking lot Ught(ng or secttritY I(ghting located in the parking area shall be low-irrtensity and d(rected away ftom adJaceM residential propeNes. ~- PC9S-57 $ 6. That the existin9 driveway on Monterey Street shall be realfgned a~d roconstr~cted as requlred by the City TrafBc arxl Transportatton Manager arxJ tn accordance with sta~dard plans crxf specificatians on file in the Office of the City Engfneer. 7. That a plan sheet fw sdid w~aste storaga and culection and a plan for recyding shall be sub~nitted to the DepaRmesd ~ Nlalrttenance for review and approval. 8. That an on-site trash truck tum-arounrJ area shall be Provided and mairda~ned to the satisfactbn of the Department of Nlatntbnance. ~ tum-a~ound area shall be spaciflcally shown on plans submitted to the Buik!!ng Divislon. 9. That the granting of the Parkirsg wa~rer is contingeni upon operatbn af the use in confortnance with the assumptions relaUng to the operatlon and intensity of use as corrtafned in the parking demand study that formed the ba~ts for approval af said vartance. Exceeding~ vtolatlng, irrtensffying or othennrise deviatlng ftom any of sald assumptions, as contained in the parlcing demand study~ shal~ be deomed a violaUon of the expressed con~i~ions imposed upon safd varianca which shall subJed that vartanr,e to tem~inatlon or modiflcaUon pursuaM to the provislons of Sectkms 18•03.091 and 18.03.092 of the Anahelm fdunicipal Code. 10. The proposed use wil~ shal~ maintain a minimum of forry nine (49) parlcing spaces. 1 t. W~~ip serv~es or other worshl~p or/f~lowshiP seNices/la ~cxivftles be~ in9 conducted on the premises. 12. That the sanctuary and ths fellowship hali sl~all not be used simultaneously. 13. That subject property shall be developed substanUally (n accordance wtth p~ans end sPeciflcaUo~s submtited to the City of Anah~im by the peUtfoner and which plans are on ftle whh the Planning Department marked Exhlbft Nos. 1 tFuough 3. ta. 'F:iat prior to commencement of the activity authorized bY th(s rescluNon or wfthln a period of one (1) year ftom the date of thfs resolution, whfchever occurs flrst, CondiUon Nos. 2, 4, 5, 6 arxJ 73, above-mentioned, st~all be complied with• E~de~s~ons for further tlme to camplete ~id cor~dicfons may be granted in accordance wfth 8ectlon 18.03.090 of the Anahefm Munic(pal Code. 15. That prior to issuance of a buqding permft or within a period of one (1) year from the date of this resoiutbn, whlchever occurs flrst, CondiUon Nos. 1, 7 and 8, above-mentloned, sF~all be compiied with. E~densions for further tlme to completr~ said condiUons may be grarrted ~n accordance wnh Section 18.03.Q90 c~f the Anaheim Munlcipal C~ode. 16. That prior to flnal buAding and zoning (nspections, Condkion No.10, above-meMioned, shall be complied wtth. 17. That approval of this applicat{on consticutes approval of the propc~sed request only to the exteM that k r.omplies with the Anahetm Munlcipal Zoning Code and any other app~(cable Ciry, State and Federa! regulations. Approval does not indude any actior. or ftndfngs as to compilanc:e or approval of the request regardiRg any other applicable ordinance, regulaUon ar requiremerrt. BE IT FURTHER RESOLVED that the Anat~eim Ctty Planning Commission does hereby flnd and detennine that adoption of this Resofutian is exprass~y Predicated upon appltcaM's compl(ance with each arxl all of the conditions hereinabove set furtty. Should any such condlUor~, or any part thereoE~ ba dedared inwalld w uner~forc~able by the flnal judgmerrt d any court of comPetent Jurlsdkk:tton, then this Resolution, and any approvals herein contained, shall be deemed null and void. ,~ PC96-57 ~ ~ THE FORE~OWG RESOLUTI~N was adopted at the Pianning Commission meettng of J~v~e 10, 1996. ~ CHqIpMAN PRO TEMPO ANAHEIM CITY PIANNIN COMMISSION ATTEST: ` ~ SECR Y EIM CITY PLANNING COMMISSION STA7E OF CAUFORNIA ). COUNTY OF ORAI'~Ci~. -;i s.° GTY OF P~NAHEE~4i ' ) I, ititn:~arits ~'~.~io. SecretarY of the An~helm Ciry Plar~~ing Cammission, do hereby cert~y that the foregotrW 'c~ali+:'~: ~~'~ Pa~ ~ adoptec! at a meeting of the Anaheim Ciry Plannin~ Comm~sslon held on ,lttrui t0, '~:~5, by the fdlowing vote of the members thereof: AYES: COMMlSSIONERS: BGSTWiCK BOYDSTUN, BRISTOL, HENNINGER, MESSE, PERAZA NOES: COMMISSIQNERS: NONE qgSENT: COMMISSIONERS: MAYER IN WITNESS WHEREOF, I have hereurrto set my hand thfs ~_, day of ~Z~'~~. T '~~ c n ,~ o t...., _ SECRETARY, NAHEIM CIIY F'LAPINING COMti11SSION -5- PC96~7