92-109 RESOLUTION NO. 92R-109
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3515.
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 a 5,148 sq. ft. church with caretaker's living quarters
upon certain real Droperty located within the City of Anaheim,
County of Orange, State of California, legally described as:
THAT PORTION OF THE SOUTHWEST QUARTER OF
SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN
THE RANCHO LOS COYOTES, AS SHOWN ON A MAP
RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING A THE SOUTHEAST CORNER OF LOT 66 OF
TRACT NO. 1851, AS SHOWN ON A MAP RECORDED IN
BOOK 56, PAGE 26 OF SAID MISCELLANEOUS MAPS;
THENCE ALONG THE SOUTH LINE OF SAID LOT 66 AND
THE PROLONGATION THEREOF NORTH 89° 31' 00" WEST
197.00 FEET TO THE NORTHERLY PROLONGATION OF
THE EASTERLY LINE OF LINDSAY STREET AS SHOWN
AND DEDICATED ON THE MAP OF SAID TRACT 1851;
THENCE SOUTH 0~ 16' 10" EAST 142.23 FEET TO THE
MOST NORTHERLY CORNER OF THE LAND DESCRIBED IN
THE DEED TO THE STATE OF CALIFORNIA, RECORDED
AUGUST 2, 1957 I BOOK 4010, PAGE 514 OF
OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG
THE NORTHERLY BOUNDARY OF SAID LAND
SOUTHEASTERLY 43.61 FEET ALONG A CURVE, CONCAVE
NORTHEASTERLY, RAVING A RADIUS OF 28.00 FEET;
THENCE SOUTH 89° 31' 00" EAST 169.50 FEET ALONG
SAID NORTHERLY BOUNDARY TO A LINE BEARING SOUTH
0° 16' 10" EAST FROM THE POINT OF BEGINNING;
THENCE NORTH 0~ 16' 10" EAST FROM THE POINT OF
BEGINNING; THENCE NORTH 0° 16~ 10" WEST 170.00
FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF LINDSAY
STREET AS SHOWN AND DEDICATED TO THE USE OF THE
PUBLIC ON THE MAP OF SAID TRACT NO. 1851.
PARCEL B: PARCEL 2 AS SHOWN ON A MAP FILED IN
BOOK 129, PAGES 26 AND 27 OF PARCEL MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA; and
CUP ~3515
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. PC92-53 granting Conditional
Use Permit No. 3515; 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.
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.
AND WHEREAS, the city Council does further find, after
careful consideration of the action of the City Planning Commission
and all evidence and reports offered at said public hearing before
the City Council regarding said requested waiver(s), that all of
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CUP #3515
the conditions set forth in Section 18.03.040 of the Anaheim
Municipal Code are present and that said waiver(s) should be
granted, for the following reasons:
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.
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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 3515 be, and the same is hereby, granted
permitting a 5,148 sq. ft. church with caretaker's living quarters
on the hereinabove described real property with a waiver of the
following provisions of the Anaheim Municipal Code:
Sections 18.44.063.04~ - Reauired setback adjacent to
and 18.44.063.050 residential zones.
(Minimum l0 feet landscaping required
to parking and trash enclosure;
none to 8 feet proposed)
subject to the following conditions:
1. That the driveway on Lincoln Avenue shall be constructed
with ten (10) foot radius curb returns as required by the
City Engineer in conformance with Engineering Standards.
2. That an on-site trash truck turn-around area shall be
provided in accordance with Engineering Standard Detail
No. 610 and as required by the Department of Maintenance.
3. That prior to issuance of building permit a fee, in the
amount of one hundred forty five dollars ($145) per one
thousand (1,000) square feet of building floor area,
shall be paid to the City of Anaheim for sewer capacity
mitigation.
4. That the hours of operation shall be the following:
Sundays: 9:00 a.m. to 5:00 p.m.
Tuesdays, Wednesdays and Thursdays: 7:00 p.m.to 9:15 p.m.
Saturdays: 9:00 a.m. to 10:00 a.m.
5. That subject property shall be developed substantially in
accordance with plans and specifications submitted to the
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CUP ~3515
City of Anaheim by the petitioner and which plans are on
file with the Planning Department marked Exhibit Nos. 1
through 3; provided, however, that:
(a) A minimum eight (8) foot wide landscaped setback
shall be provided along the west property line and
that said landscaping shall include minimum fifteen
(15) gallon sized trees spaced a maximum of twenty
(20) feet apart. The specific landscape plan for
subject eight (8) foot wide planter shall be
approved by the Planning Department prior to
installation; and
(b) That the trash enclosure shall nQ~ be located
adjacent to any residentially-zoned property line
and shall be located at least ten (10) feet away
from any residential zoning.
6. That prior to issuance of a building permit or within a
period of one (1) year from the date of this resolution,
whichever occurs first, Condition No. 3, 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.
7. That prior to final building and zoning inspections,
Condition Nos. 1, 2 and 5, above-mentioned, shall be
complied with.
8. That the parking area lighting shall consist of maximum
twelve (12) foot high fixture(s) aimed away from any
nearby residential zoning. Any fixtures located near
residential zoning shall have a maximum one hundred
eighty degree of illumination. Said lighting fixtures
shall be on only when church activities are underway.
9. 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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CUP 93515
THE FOREGOING RESOLUTION is approved and adopted by the
city Council of the city of Anaheim this 2nd day of June, 1992.
CITY CLERK OF THE CITY OF ANAHEIM
JLW:dnl
R34C3515.12
060392
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CUP #3515
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. 92R-109
was Introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 2nd day
of June, 1992, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly 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. 92R-109 on the 3rd day ~
of June, 1992.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 3rd
day of June, 1992.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby ce~tify that the foregoing Is the original of ~
Resolution No. 92R-109 duly passed and adopted by the City Council of the City of Anaheim on June 2, 1992.
CITY CLERK ,OF THE CITY OF ANAHEIM