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94-217 RESOLUTION NO. 94R~217 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PEi~MIT NO. 3691. 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 10,000 sq.fto church with accessory living quarters upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THAT PORTION OF LOT 4 OF SOUTH PLACENTIA TRACT NO. 2, AS PER MAP RECORDED IN BOOK 5, PAGE 42 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 4; THENCE NORTHERLY 598.25 FEET ALONG THE WEST LINE OF SAID LOT; THENCE EASTERLY PARALLEL WITH THE NORTH LINE OF SAID LOT TO A POINT WHICH IS EASTERLY 340.00 FEET, MEASURED ALONG SAID PARALLEL LINE AND THE PROLONGATION THEREOF, FROM THE CENTERLINE OF CYPRESS AVENUE; THENCE SOUTHERLY PARALLEL WITH SAID WEST LINE TO THE SOUTHEASTERLY LINE OF SAID LOT; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE TO THE SOUTH LINE OF SAID LOT; THENCE WESTERLY 85.90 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. EXCEPT THE NORTHERLY 120.00 FEET (MEASURED ALONG THE WESTERLY LINE) THEREOF. ALSO EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 4, SAID CORNER HAVING BEEN CONSTRUED BY FORMER DEED TO BE THE INTERSECTION OF THE WEST LINE OF SECTION 1, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, AS SHOWN ON SAID MAP WITH THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF LOT 2 OF SAID TRACT; THENCE NORTHERLY 199.52 FEET ALONG SAID WEST LINE; THENCE EASTERLY 197.32 FEET PARALLEL WITH THE NORTH LINE OF SAID LOT 4; THENCE SOUTHERLY PARALLEL WITH SAID WEST LINE TO THE SOUTHEASTERLY LINE OF SAID LOT 4 WHICH HAS BEEN CONSTRUED BY FORMER DEEDS TO BE THE CENTER LINE OF THE UN-NAMED STREET NOW KNOWN AS PLACENTIA BOULEVARD; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE TO THE SAID WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID LOT 2; THENCE WESTERLY 85.90 FEET ALONG SAID PROLONGATION TO THE POINT OF BEGINNING; 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. PC 94-84 granting, in part, Conditional Use Permit No. 3691; 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 2 and all evidence and reports offered at said public hearing before the City Council regarding said requested waiver(s), that all of 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. 3691 be, and the same is hereby, granted permitting a 10,000 sq.ft. church with accessory living quarters on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: Section 18.04.042.020 - Minimum landscape requirements. 18.04.06 (15-foot landscaped setback between institutional and 18.44.063.040 uses and residential uses with 2~7 trees required, n~o setback or trees existing along north and east property lines; and 2--2 trees required adjacent to public rights-of-way, ~ existing) BE IT FURTHER RESOLVED that the requested waiver is hereby approved, in part, permitting the minimum landscaped setback waiver along the east property line but denying it along the north property line on the basis that there are special circumstances applicable to the property consisting of location and surroundings, which do not apply to other identically zoned properties in the vicinity, because existing carports abutting the east property line provide a visual screen between subject property and the adjacent apartments but that there is no visual barrier along the north property line where apartments face subject property; and that the existing driveway along the east property line should remain in its current location because it serves as an emergency accessway for both subject property and the adjacent apartment complex to the north; 8387.1\JWHITE\September 2, 1994 BE IT FURTHER RESOLVED that approval of said Conditional Use Permit No. 3691 shall be subject to the following conditions: 1. That a minimum of one (1) covered parking space shall be provided for the on-site resident. 2. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the latest revisions of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 3. That all driveways shall be reconstructed to accommodate ten (10) foot radius curb returns in conformance with Engineering Department Standards. 4. That appropriate park and recreation in-lieu fees shall be paid to the City of Anaheim in an amount as established by City Council resolution. 5. That a plan sheet for solid waste storage and collection, and a plan for recycling shall be submitted to the Department of Maintenance for review and approval. 6. That all Code-required landscaping shall be installed prior to final building and zoning inspections. 7. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2; including the landscaped setbacks and trees required by the Zoning Code along the north property line and in the setbacks along State College Boulevard and Placentia Avenue, as specified in Condition Nos. 6 and 8, herein. 8. That a landscape plan shall be submitted to the Planning Commission for review and approval as a Reports and Recommendations item showing on-site landscaping consisting of a minimum fifteen (15) foot landscaped setback along the north edge of the property and the Code-required trees to be planted in the setbacks along State College Boulevard and Placentia Avenue. Installation of such landscaping may involve relocating certain parking spaces into the proposed landscaped courtyard in front of the proposed church building. 9. That "no left turn" signs shall be installed at the driveways to Placentia Avenue in a manner approved by the City Traffic and Transportation Manager. 8387.1\JWHITE\September 2, 1994 4 10. 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 Nos. 2, 4, 5 and 8, 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. 11. That prior to final building and zoning inspections, Condition Nos. 1, 3, 6 and 7, above-mentioned, shall be complied with. 12. 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 23rd day of August, 1994. MAYOR OF THE-CITY O~N ATTESTz/'~ CITY CLERK OF CITY OF ANAHEIM 8387.1\JtJHITE\September 2, 1994 5 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. 94R-217 was Introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 23rd day of August, 1994, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-217 on the 24th day of August, 1994. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 24th day of August, 1994. CITY CLERK OF TH~ITY 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. 94R-217 was duly passed and adopted by the City Council of the City of Anaheim on August 23, 1994. CITY CLERK OF THE CITY OF ANAHEIM