94-207 RESOLUTION NO. 94R-207
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3693.
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 church including on-site food collection, distribution
and storage facilities, with church-related activities upon certain
real property located within the City of Anaheim, County of Orange,
State of California, legally described as:
THAT PORTION OF LOT 13 OF THE MILES RANCHO,
AS PER MAP RECORDED IN BOOK 4, PAGE 7 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH
THAT PORTION OF SPADRA ROAD, VACATED BY ORDER
OF THE BOARD OF SUPERVISORS OF SAID COUNTY, A
COPY OF WHICH WAS RECORDED MAY 16, 1917 IN
BOOK 11, PAGE 176 OF DEEDS, DESCRIBED AS
FOLLOWS:
PARCEL 2, AS SHOWN ON A PARCEL MAP FILED IN
BOOK 52, PAGE 41 OF PARCEL MAPS IN THE OFFICE
OF THE COUNTY RECORDER OF ORANGE COUNTY; 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. PC94-83 granting
Conditional Use Permit No. 3693; 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.
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. 3693 be, and
the same is hereby, granted permitting on the hereinabove
described real property with a waiver of the following provisions
of the Anaheim Municipal Code:
(A) Sections 18.06.050.0266 Minimum number of Darkinq
spaces.
18.06.080 (74 required; 4--5 existing
and recommended
and 18.44.066.050 by approved parking
demand study, as
concurred to by the city
Traffic and
Transportation Manager
for this specific use and
site)
(B) Sections 18.04.042.020 - Minimum setback and areas
for institutional uses.
and 18.44.063 (15-foot minimum
landscaped setback
adjacent to single
family residential zone
boundaries to north and
west required;
8-fee% existing along
north property line and
non~ existing
along west property line)
subject to the following conditions:
1. That subject use is hereby approved for a period of
three (3) years and shall terminate on June 27, 1997.
2. That there shall be no on-site food distribution
permitted.
3. (a) That a minimum forty five (45) on-site parking
spaces shall be provided;
(b) That a minimum eight (8) foot fully landscaped
setback be maintained along the north property
line abutting the single family residential
properties; and
(c) That a minimum of eight (8) 15-gallon trees of a
rapid growth variety shall be installed and
maintained at not more than twenty (20) feet on-
center to provide an effective visual screen
between the proposal and adjacent residential
uses.
4. That the number of people in attendance at any worship
service or church-related activity shall be limited to a maximum
of seventy (70) persons on Sundays and twenty (20) persons at all
other times. This condition may be modified by the Planning
Commission as a Reports and Recommendations item upon
recommendation of the City Traffic and Transportation Manager.
5. Deleted.
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6. 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 through 5; except as
otherwise required in connection with Condition Nos. 3, 11 and
12, herein.
7. That prior to commencement of activity authorized by
this resolution, or prior to final zoning inspection, or within a
period of one (1) year from the date of this resolution,
whichever occurs first, Condition Nos. 3, 5, 6, 10, 11 and 12,
herein-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.
8. That the trips generated by the food distribution
activity shall be limited to a maximum of fifty (50) trip ends
per week.
9. That all food deliveries, both to and from the site,
shall be done with small delivery vehicles.
10. Deleted.
11. That the location of the freezer shown on the approved
exhibit shall be shifted so that the freezer is located to the
east of the refrigeration unit.
12. That canopy trees shall be planted along the north
property line on maximum twenty (20) foot centers.
13. 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 16thday of
Auqust , 1994.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
8265.1\JWHITE\August 17, 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-207 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 16th day of August, 1994, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Pickler, Hunter, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Feldhaus
AND I FURTHER CERTIFY that the Mayor oi' the City of Anaheim signed said Resolution No. 94R-207 on
the 17th day of August, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 17th day of August, 1994.
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. 94R-207 was duly passed and adopted by the City Council of the City of Anaheim on
August 16, 1994.
CITY CLERK OF THE CITY OF ANAHEIM