90-453 RESOLUTION NO. qGR-453
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3315.
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
to permit temporary modular structures, to expand an existing
church and child day care center upon certain real property located
within the City of Anaheim, County of Orange, State of California,
legally described as:
LOT 35 OF TRACT NO. 2022, IN THE CITY OF ANAHEIM, AS
SHOWN ON A MAP RECORDED IN BOOK 58, PAGES 24 AND 25, OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF ORANGE COUNTY, CALIFORNIA.
LOT 26 OF TRACT NO. 2022, IN THE CITY OF ANAHEIM, AS
SHOWN ON A MAP RECORDED IN BOOK 58, PAGES 24 AND 25, OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF ORANGE COUNTY, CALIFORNIA.
PARCEL 1: LOT 25 OF TRACT NO. 2022, IN THE CITY OF
ANAHEIM, AS SHOWN ON A MAP RECORDED IN BOOK 58, PAGES 24
AND 25, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
PARCEL 2: THAT PORTION OF THE SOUTH HALF OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 4 SOUTH, RANGE
10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS
PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, LYING EASTERLY OF THE NORTHERLY PROLONGATION OF
THE CENTER LINE OF NORWOOD STREET, AS SHOWN ON A MAP OF
TRACT NO. 2022, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 58,
PAGES 24 AND 25, OF SAID MISCELLANEOUS MAPS.
EXCEPTING THAT PORTION THEREOF INCLUDED WITHIN THE
FOLLOWING DESCRIBED LINES; BEGINNING AT THE NORTHWEST
CORNER OF SAID SOUTH HALF; THENCE SOUTH 89° 03' 44" EAST
661.31 FEET, TO THE NORTHEAST CORNER OF SAID SOUTH HALF;
THENCE SOUTH 0° 13' 03" WEST 26.00 FEET ALONG THE EAST
LINE OF SAID SOUTH HALF; THENCE SOUTH 78° 21' 19" WEST
261.77 FEET; THENCE SOUTH 71° 51' 56" WEST 207.84 FEET;
THENCE SOUTH 72° 57' 35" WEST 99.39 FEET; THENCE SOUTH
46° 53' 05" WEST 71.47 FEET; THENCE SOUTH 7° 43' 00 WEST
99.36 FEET TO THE SOUTH LINE OF SAID SOUTH HALF; THENCE
NORTH 89° 03' 47" WEST 48.12 FEET TO THE SOUTHWEST CORNER
OF SAID SOUTH HALF; THENCE NORTH 0° 14' 40" EAST 330.00
FEET TO THE POINT OF BEGINNING.
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THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 4
SOUTH, RANGE 10 WEST, S.B.B. & M.
EXCEPTING THAT PORTION CONDEMNED TO THE PEOPLE OF THE
STATE OF CALIFORNIA, BY FINAL ORDER OF CONDEMNATION FILED
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE
COUNTY OF ORANGE, CASE NO. 75076, AND RECORDED JUNE 5,
1959 IN BOOK 4746, PAGE 384, OFFICIAL RECORDS.
AND ALSO EXCEPTING THAT PORTION OF THE PROPERTY LYING
EASTERLY OF THE NORTHERLY PROLONGATION OF THE CENTER LINE
OF NORWOOD STREET, DEEDED TO CHRISTIAN CENTER CHURCH OF
ANAHEIM, CALIFORNIA, A CORPORATION, IN INSTRUMENT NO.
15689, RECORDED IN BOOK 5953, AT PAGE 515, ON DECEMBER
22, 1961.
LOT 36 OF TRACT NO. 2022, IN THE CITY OF ANAHEIM, AS
SHOWN ON A MAP RECORDED IN BOOK 58, PAGES 24 AND 25, OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF ORANGE COUNTY, CALIFORNIA; 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. PC90-255 denying Conditional
Use Permit No. 3315; 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
consideration 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.
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CUP #3315
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.
WHEREAS, the City Council does further find with regard
to the hereinafter specified proposed waiver(s) of Anaheim
Municipal Code requirements, other than the proposed waiver of
off-street parking requirements, as follows:
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; and
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; and
WHEREAS, the City Council does further find and determine
with regard to the proposed waiver of certain off-street parking
requirements that:
1. The variance will not cause an increase in traffic
congestion in the immediate vicinity nor adversely affect the
adjoining land uses; and
2. The granting of the variance under the conditions imposed
will not be detrimental to the peace, health, safety or general
welfare of the citizens of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that Conditional Use Permit No. 3315 be, and the
same is hereby, granted permitting temporary modular structures, to
expand an existing church and child day care center on the
hereinabove described real property with a waiver of the following
provisions of the Anaheim Municipal Code:
SECTIONS 18.06.050.0266 - Minimum number of parkinq spaces.
18.06.050.0268 (343 required; 260 proposed)
18.06.080
and 18.21.066.010
SECTION 18.04.042.020 - Minimum setback for institutional
uses.
(15 feet required from residential
zone boundaries; none proposed
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from RS-7200 zoning to south and
east)
SECTION 18.21.062.010 - Maximum structural height.
(30 feet permitted; 55 feet
proposed)
subject to the following conditions:
1. That prior to issuance of a building permit, a parcel map
to consolidate the existing lots underlying the proposed
education annex, existing education building, existing
sanctuary and parking lot into one (1) parcel shall be
recorded. The parcel map shall be submitted to the
Subdivision Section and approved by the City of Anaheim
and then recorded in the Office of the Orange County
Recorder. The two (2) existing houses on Norwood and
Candlewood Streets shall be retained and shall not be
removed.
2. That existing trash storage areas shall be refurbished to
the satisfaction of the Street Maintenance and Sanitation
Division to comply with approved plans on file with said
Division.
3. That new trash storage areas shall be provided and
maintained in a location acceptable to the Street
Maintenance and Sanitation Division and in accordance
with approved plans on file with said Division. Such
information shall be specifically shown on the plans
submitted for building permits.
4. That sidewalks shall be installed along Candlewood Street
as required by the City Engineer and in accordance with
standard plans and specifications on file in the Office
of the City Engineer.
5. That this expansion shall not permit the increase of
enrollment for the previously approved pre-school day-
care facility.
6. That prior to issuance of a building permit, the
appropriate fees due for primary mains and fire
protection shall be paid to the Water Utility Division in
accordance with Rules 15A and 20 of the Water Utility
Rates, Rules and Regulations.
7. That the water backflow equipment and any other large
water system equipment shall be located either below
ground in a vault acceptable to the Water Utility
Division or if above ground shall be outside of the front
setback, fully screened from view.
8. That street lighting facilities along Norwood Street and
Candlewood Street shall be installed as required by the
Utilities General Manager in accordance with
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specifications on file in the Office of the Utilities
General Manager; or that security in the form of a bond,
certificate of deposit, letter of credit, or cash, in an
amount and form satisfactory to the City of Anaheim,
shall be posted with the City to guarantee the
satisfactory completion of the above-mentioned
improvements. Said security shall be posted with the
City of Anaheim prior to issuance of a building permit.
The above-required improvements shall be installed prior
to occupancy.
9. That a fee for street tree purposes shall be paid to the
City of Anaheim based on street frontage along Norwood
Street and Candlewood Street in an amount as established
by City Council resolution.
10. That subject property shall be served by underground
utilities.
11. That fire sprinklers shall be installed as required by
the City Fire Department.
12. That an adequate, unobstructed fire truck turn-around
area as required and approved by the Fire Department
shall be specifically shown on plans submitted for
building permits. Said turn-around area shall be
permanently marked and maintained to the satisfaction of
said Department.
13. That a local fire alarm system (manual and automated)
shall be installed as required by the City Fire
Department.
14. That if the temporary trailers remain on-site for more
than 1 year from the date of approval of this resolution,
fire sprinklers shall be installed in the trailers to the
satisfaction of the Fire Department.
15. That the parking lot shall be screened from view from
East Street with landscaping as approved by the Planning
Department.
16. That prior to final building and zoning inspections for
the permanent buildings, the temporary trailers shall be
removed from subject property.
17. That prior to issuance of a building permit, the
appropriate traffic signal assessment fee shall be paid
to the City of Anaheim in an amount as established by
City Council resolution.
18. That gates shall not be installed across any driveway in
a manner which may adversely affect vehicular traffic in
the adjacent public streets. Installation of any gates
shall conform to Engineering Standard Plan No. 402 and
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CUP ~3315
shall be subject to the review and approval of the City
Traffic Engineer prior to issuance of a building permit.
19. That plans shall be submitted to the City Traffic
Engineer for his review and approval showing conformance
with Engineering Standard Plan Nos. 436 and 602
pertaining to parking standards. Subject property shall
thereupon be developed and maintained in conformance with
said plans.
20. That all lockable pedestrian and/or vehicular access
gates shall be equipped with "knox box" devices as
required and approved by the City Fire Department.
21. That all air conditioning facilities and other roof and
ground mounted equipment shall be properly shielded from
view, and the sound buffered from adjacent residential
properties. Such information shall specifically be shown
on the plans submitted for building permits.
22. That a six (6)-foot high masonry block wall shall be
constructed and maintained along all residential property
excepting the front setback where the wall height shall
be three (3) feet, provided the city Traffic Engineer
shall have the authority to reduce the height of the wall
to protect visual line-of-sight where pedestrian/
vehicular circulation occurs. Said block wall shall be
planted and maintained with clinging vines to eliminate
graffiti opportunities.
23. That any proposed parking area lighting fixtures adjacent
to any residential property shall be down-lighted with a
maximum height of twelve (12) feet. Said lighting
fixtures shall be directed away from adjacent residential
property lines to protect the residential integrity of
the area and shall be indicated on the plans submitted
for building permits.
24. That the proposal shall comply with all signing
requirements of the RS-7200 and RS-A-43,000 Zones, unless
a variance allowing sign waivers is approved by the City
Council, Planning Commission or Zoning Administrator.
25. That the on-site landscaping and irrigation system shall
be refurbished and maintained in compliance with City
standards.
26. That the owner of subject property shall submit a letter
requesting termination of Conditional Use Permit No. 898
to the Zoning Division.
27. That the legal owner of subject property shall
irrevocably offer to dedicate to the City of Anaheim an
easement 45 feet in width from the centerline of the
street along East Street for street widening purposes.
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CUP 93315
28. That prior to issuance of a building permit, a cash
payment shall be made to the City of Anaheim for the cost
of the removal of existing street improvements along East
Street and reconstruction/construction of full street
improvements at the ultimate location.
29. That prior to commencement of structural framing, fire
hydrants shall be installed and charged as required and
approved by the Fire Department.
30. That the abandonment of the termini of Norwood and
Candlewood Street cul-de-sacs shall be processed and
completed as shown on Exhibit No. 1 (Revision No. 1)
(site plan) to the satisfaction of the City Engineer.
31. That subject property shall be developed substantially in
accordance with plans and specifications submitted to the
City of Anaheim by the petitioner and which are on file
with the City marked revision No. 1 of Exhibit Nos. 1
through 3, provided, however, that the two (2) existing
houses (one on Norwood Street and one on Candlewood
Street) shall be retained and that said areas shall not
be used for parking spaces. The total minimum number of
parking spaces shall be three hundred forty three (343).
32. 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, 3, 6, 8, 12,
17, 18, 19, 21, 23, 26, 27, 28 and 30, 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.
33. That prior to final building and zoning inspections,
Condition Nos. 2, 4, 7, 8, 10, 11, 13, 15, 16, 20, 22, 25
and 31 above-mentioned, shall be complied with.
34. That approval of this application constitutes approval of
the proposed request only to the extent that it complies
with the Anaheim Municipal Zoning Code and any other
applicable City, State and Federal regulations. Approval
does not include any action or findings as to compliance
or approval of the request regarding any other applicable
ordinance, regulation or requirement.
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.
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THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 18th day of December,
1990.
MAYO OF TH~ N I~
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:dnl
R34CUP3315.113
020191
CUP ~3315
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 90R-453 was introduced and adopted at a regular
meeting provided by law, of the Anaheim City Council held on the 18th day of
December, 1990, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 90R-453 on the 6th day of February, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 6th day of February, 1991.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 90R-453, duly passed and
adopted by the City Council of the City of Anaheim on December 18, 1990.
CITY CLERK OF THE CITY OF ANAHEIM