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95-187 RESOLUTION NO. 95R-187 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3780. 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 in an existing 3-story, 13,231 sq.ft. office building upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THE WESTERLY 110.00 FEET OF THE SOUTHERLY 266.00 FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID 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. PC95-108 granting Conditional Use Permit No. 3780; ~nd WHEREAS, the~?eafter, 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, ~che 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 ~n the area. 5. The grantin~ 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, uDe 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 immadiate vicinity nor adversely affect the adjoining land uses; and 2. The granting of the variance under the conditions imposed will not be detriment]l 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 the findings and action of the City Planning Commission granting said conditional use permit be, and the same are hereby, affirmed ~nd that Conditional Use Permit No. 3780 be, and the same is hereby, granted permitting a church in an existing 3-story, 13,231 sq.ft. office building on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: Section 18.04.042.02_9 Required landscaped setbacks for institutional uses. (minimum 15 feet required adjacent to residential zones; none to 4 feet existing adjacent to RM-1200 zoning) Sections 18.06.050.026.0266 Minimum number of parking spaces. 18.06.080 (99 spaces required; and 18.44.066.050 5__~2 spaces existing and recommended by the City Traffic and Transportation Manager) subject to the followSng conditions: 1. That all existing mature landscaping shall be maintained and immediately replaced in the event that it becomes diseased or dies. 2. (a) That the number of congregates at any one time shall be limited to one hundred (100) persons, sixteen (16) years of age and over. If the congregation exceeds one hundred members at any one time, the applicant shall submit a parking management plan to the Traffic and Transgortation Manager for review and approval. (b) That church activities shall end before 10 p.m. daily except on spe~ial church holidays (not to exceed ten [10] days per year). 3. That approval of this use does not include approval of a child day care facility. 4. That a plan sheet for solid waste storage and collection and a plan for recyclYng shall be submitted to the Department of Maintenance for review and approval. 5. That plans shall be submitted to the City Traffic and Transportation Manag~r 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 - 6. That the driveway on Lincoln Avenue shall be reconstructed to accommodate ten (10) foot radius curb returns in conformance with Engineering Department Standards. 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. 8. That prior to commencement of the activity authorized by this resolution or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 4 and 5, 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. 9. That prior to final building and zoning inspections, Condition Nos. 6 and 7, above-mentioned, shall be complied with. 10. 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 7th day of November, 1995. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 14727.1\JWNITE\November 9, 1995 -- 4 -- 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. 95R-187 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 7th day of November, 1995, by the following vote of the members thereof: AYES: MAYOR/COUNCIL: Tait, Lopez, Zemel, Feldhaus, Daly NOES: MAYOR/COUNCIL: None ABSENT: MAYOR/COUNCIL: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-187 on the 7th day of November, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 7th day of November, 1995. 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. 95R-187 was duly passed and adopted by the City Council of the City of Anaheim on November 7th, 1995. CITY CLERK OF THE CITY OF ANAHEIM