2000-141RESOLUTION NO. 2000R-141
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM DENYING
CONDITIONAL USE PERMIT NO. 4178.
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 a multiple-purpose assembly hall and
Sunday school classrooms) in three phases, and two temporary
trailers (22 feet x 60 feet, each) for church use before and during
construction, on certain real property situated in the City of
Anaheim, County of Orange, State of California, described as:
PARCEL 1:
THAT PORTION OF LOT 16 OF ANAHEIM EXTENSION,
IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A MAP BY
WILLIAM HAMEL AND FILED RECORD IN THE OFFICE
OF THE COUNTY RECORDER OF LOS ANGELES COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTER LINE INTERSECTION
PLACENTIA AVENUE 60 FEET IN WIDTH (NOW STATE
COLLEGE BOULEVARD) AND VERMONT AVENUE 66 FEET
IN WIDTH, SAID POINT ALSO BEING THE
SOUTHEASTERLY CORNER OF SAID LOT 16; THENCE
FROM SAID POINT OF BEGINNING AND ALONG THE
CENTER LINE OF VERMONT AVENUE AND THE
SOUTHERLY LINE OF SAID LOT 16 SOUTH 74° 34'
15" WEST 641.43 FEET, MORE OR LESS, TO THE
WESTERLY LINE OF THE LAND CONVEYED TO BERNARD
SCHROEDER BY DEED RECORDED IN BOOK 352, PAGE
266 OF DEEDS, RECORDS OF ORANGE COUNTY,
CALIFORNIA; THENCE ALONG THE WESTERLY LINE OF
THE LINE OF SCHROEDER NORTH 15° 27' 20" WEST
255.83 FEET; THENCE ENTERING THE LAND OF
SCHROEDER NORTH 74° 34' 15" EAST 712.57 FEET,
MORE OR LESS, TO THE EASTERLY LINE OF SAID
LOT 16, AND THE CENTER LINE OF PLACENTIA
AVENUE; THENCE ALONG THE EASTERLY LINE OF
SAID LOT 16, AND THE CENTER LINE OF PLACENTIA
AVENUE SOUTH 0 15' 15" WEST 265.51 FEET, MORE
OR LESS, TO THE POINT OF BEGINNING
EXCEPTING THEREFROM THE SOUTHWESTERLY 340
FEET THEREOF.
PARCEL 2:
THAT PORTION OF LOT A OF TRACT 2205, IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, SITE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN
BOOK 64, PAGES 33, 34 AND 35 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA,
LYING EASTERLY OF THE NORTHERLY PROLONGATION
OF THE EASTERLY LINE OF TRACT 8417, AS SHOWN
ON A MAP RECORDED IN BOOK 339, PAGES 49 AND
50 OF SAID MISCELLANEOUS MAPS and
WHEREAS, the application requests a variance from the
following requirements of the Anaheim Municipal Code:
(a)Sections 18.04.042.020-
and 18.21.063
Required setback for institutional
uses adjacent to residential zones.
(minimum 15-foot fully landscaped
setback required along the north and
west interior property lines;
12h feet proposed to parking spaces)
(b) Sections 18.06.050.020.026.0262- Minimum number of parking spaces.
18.06.050.020.026.0266 (270 spaces required; 100 spaces
and 18.21.066.010 proposed)
(c)Sections 18.21.062.010 -
and 18.21.062.020.0201
Maximum structural heiqht.
(30 feet permitted;
62 feet for the central dome with a
cross and 75 feet for two spires
proposed)
(d) Section 18.21.063.010
Required front yard setback.
(minimum 25 feet required along State
College Boulevard; 15 feet proposed)
(e)
Section 18.21.063.030 -
Sections 18.06.040.020 -
and 18.21.066.020
Required rear yard setback.
(deleted)
(f)
Minimum dimensions of parkinq spaces.
(deleted)
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. PC2000-25 granting, in part, Conditional
Use Permit No. 4178; and
WHEREAS, thereafter, within the time prescribed by law, an
interested party or the City Council, on its own motion, caused the
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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 hold and conduct such public hearing and
did give all persons interested therein an opportunity to be heard and
did receive evidence and reports, and did consider the same; and
WHEREAS, the City Council does 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, that all of the conditions and criteria set forth in Section
18.03.030.030 of the Anaheim Municipal Code are not present for the
following reasons:
1. That the proposed use will adversely affect the adjoining
land uses and the growth and development of the area in which it is
proposed to be located because:
so
The proposed church buildings are too large for the
size of the property thereby providing facilities and
congregations of people which cannot adequately be
accommodated by the number of proposed off-street
parking spaces and provide traffic congestion on the
adjacent streets and noise in the area of the proposed
development; and
bo
That the development as proposed would not comply with
development standards and requirements contained in
the Anaheim Municipal Code relating to required
setbacks from residential property, minimum number of
off-street parking spaces, maximum structural height
and required front yard setback.
2. That the size and shape of the site proposed for the use
is not 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 because the proposed development
does not comply with minimum requirements of the Anaheim Municipal
Code as to height, location and minimum required off-street parking
spaces thereby indicating that the proposed development is too large
for the property; and
3. That the granting of the conditional use permit would be
detrimental to the peace, health, safety, and general welfare of the
citizens of the City of Anaheim for the reasons set forth in
paragraphs 1 and 2 above; and
WHEREAS, the City Council does further find and determine
with regard to the requested waiver(s) of Anaheim Municipal Code
requirements, other than the requested waiver of off-street parking
requirements, as follows:
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1. That there are no special circumstances applicable to the
property which do not apply to other property in the same vicinity and
zone; and
2. That strict application of the zoning code does not
deprive the property of privileges enjoyed by other property in the
same vicinity and zone.
WHEREAS, the City Council does further find, after careful
consideration of the action of the Planning Commission and all
evidence and reports offered at said public hearing before the City
Council regarding said requested off-street parking requirement
waiver, that all of the conditions set forth in Section 18.06.080 of
the Anaheim Municipal Code are not present, and that said waiver
should be denied, for the following reasons:
1. That the variance, under the conditions imposed, if any,
would cause fewer off-street parking spaces to be provided for such
use than the number of such spaces necessary to accommodate all
vehicles attributable to such use under the normal and reasonably
foreseeable conditions of operation of such use; and
2. That the variance, under the conditions imposed, if any,
would increase the demand and competition for parking spaces upon the
public streets in the immediate vicinity of the proposed use; and
3. That the variance, would increase the demand and
competition for parking spaces upon adjacent private property in the
immediate vicinity of the proposed use; and
4. That the variance would increase traffic congestion within
the off-street parking areas or lots provided for such use; and
5. That the variance would impede vehicular ingress to or
egress from adjacent properties upon the public streets in the
immediate vicinity of the proposed use.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that said application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code be,
and the same is hereby, denied for the reasons hereinabove specified.
BE IT FURTHER RESOLVED that the time within which
rehearings must be sought is governed by the provisions of Section
1.12.100 of the Anaheim Municipal Code and the time within which
judicial review of final decisions must be sought is governed by the
provisions of Section 1094.6 of the Code of Civil Procedure and
Anaheim City Council Resolution No. 79R-524.
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THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this llth day of July, 2000.
MA~OR OF ~HE CITY ~ ANAHEIM
ATTEST:
OF THE CITY OF ANAHEIM
36378.1
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2000R-141 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 11th day of July, 2000, by the following vote of the members
thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Feldhaus, McCracken, Daly
NOES:
MAYOR/COUNCIL MEMBERS: Kring, Tait
ABSENT:
MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 2000R-141 on the 11th day of July, 2000.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 1 lthday of July, 2000.
(SEAL)
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 2000R-141 was duly passed and adopted by the City Council of
the City of Anaheim on July 11, 2000.
CI'IZY CLERt~'OF THE CITY OF ANAHEIM