Resolution-PC 2000-25• •
RESQLUTION NO. PC2000-25
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4178 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for 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 AEVAHEIM 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 QF THE COUNTY RECORDER OF LOS ANGELES COUNTY,
CALIFORNIA, DESCRIBED AS FQLLOWS:
BEGINNING AT THE CENTER LINE INTERSECTION PLACENTIA AVENUE 60 FEET IN
WIDTH (NOW STATE COLLEGE E~OULEVARD) 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 MISCELLAN~OUS MAPS.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on March 13, 2000 at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for and against said proposed conditional use permit and to
investigate and make findings and recommendations in connection therewith; and that the hearing was
continued from the meeting of February 28, 2000; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.03.030.010 and 18.21.050.110 to construct a church (including a
multiple-purpose assembly hall and Sunday school classrooms) in three phases, and two temporary
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trailers (22 feet x 60 feet, each) for church wse before and during construction, and with waivers of the
following:
(a) Sections 18.04.042.020 - Required setback for institutional uses adjacent to
and 18.21.063 residential zones.
(minimum 15-foot fully landscaqed setback required along
the north and west interior property lines;
12'/ feet proposed to parking spaces)
(b) Sections 18.06.050.020.026.0262 - Minimum number of qarking spaces.
18.06.050.020.026.0266 (270 spaces required; 100 spaces proposed)
and 18.21.066.010
(c) Sections 18.21.062.010 - Maximum structural heiqht.
and 18.21.062.020.0201 (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 - Required rear yard setback.
(~ Sections 18.06.040.020 - Minimum dimensions of parkinq spaces.
and 18.21.066.020
2. That waiver (a), minimum setback for institutional uses adjacent to residential zones, is
hereby approved on the basis that the deviation is the result of parking spaces overhanging the required
15-foot landscaped setback by 2'/z feet.
3. That waiver (b), minimum number of parking spaces, is hereby approved on the basis of
findings contained in the parking study submitted by the petitioner and concurred with by the City Traffic
and Transportation Manager for this specific proposal, and on the basis of the submitted plans for this
project (Revision No. 1 of Exhibit No.1, andi Exhibit Nos. 1 through 5), because the parking study
indicates the proposed on-site parking supply is sufficient to accommodate typical weekend project
parking demand, which was calculated bas~d on an average of current demand at the existing church site
and observations at similar facilities within t'~he City of Anaheim.
4. That the parking waiver (b)n under the conditions imposed, will not cause fewer off-street
parking spaces to be provided for the proposed 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.
5. That the parking waiver (b), under the conditions imposed, will not increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use.
6. That the parking waiver (b), under the conditions imposed, will not increase the demand
and competition for parking spaces upon adjacent private property in the immediate vicinity of the
proposed use (which property is not expressly provided as parking for such use under an agreement in
compliance with Section 18.06.010.020 of Yhe Zoning Code) because an adequate supply of parking is
provided on the site to accommodate typical peak parking demand, and that parking supply in the
adjacent park will likely be utilized on religious holidays such as Christmas and Easter.
7. That the parking waiver (b), under the conditions imposed, will not increase traffic
congestion within the off-street parking areas or lots provided for the proposed use because the parking
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demand forecast for this proposal on this site is equal to or less than the supply provided on-site; and
that traffic and parking congestion will not occur because the overall demand for parking at this site is
lower than or equal to the amount of parking provided.
8. That the parking waiver (b), under the conditions imposed, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the
proposed use because the project is not expected to result in demand for on-street parking in the vicinity
of any driveways or other locations in the project vicinity; and that lines-of-sight and turning areas for
existing driveways at public streets will be unaffected by parking for the proposal.
9. That waiver (c), maximum structural height, is hereby approved on the basis that this
requirement typically applies to a single-family home in the RS-A-43,000 zone and not to a church with a
dome and/or spires; and that height waivecs have been approved for other churches adjacent to
residentially zoned property.
10. That waiver (d), minimum front yard setback, is hereby approved on the basis that the
setback requirement applies only because of the property's proposed reclassification (to RS-A-43,000
zoning) which benefits the public because the proposal is less intense than would be permitted under the
existing zoning (commercial and multiple-family residential zoning); that with the size, shape and
orientation of the property, the projecYs design has non-uniform and minor encroachments into the
setbacks that do not pose significant adverse impacts; that strict application of the setback requirements
would preclude this land use because smaller buildings will not accomplish the applicanYs religious-
related building requirements and, therefore, deny the land owner of benefits enjoyed by similarly zoned
properties with lot sizes and shapes that could accommodate church buildings of similar sizes and
shapes; and that the decreased amount of property available to the landowner for setbacks is due to the
city's taking of land for street widening purposes.
11. That waivers (e), minimum rear yard setback, and (fl, minimum dimensions of parking
spaces, are hereby denied on the basis tha~t they were deleted after public notification upon submittal of
revised plans.
12. That a church is properly a use for which a conditional use permit is authorized by the
Zoning Code; and that temporary trailers, which are not listed in the Zoning Code as being a permitted
use, may be permitted in connection with a conditional use permit under authorization of Code Section
18.03.030.010 "Unlisted Uses Permitted."
13. That 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.
14. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare.
15. That the tra~c 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.
16. That granting of this 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.
17. That three concerned people indicated their presence at the public hearing; and that
correspondence was received with signatures in opposition to the proposal.
CALIFORNIA ENVIRONM~NTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to construct a church facility (including a multiple-
purpose assembly hall and Sunday school classrooms) in three phases, including two temporary trailers
for church use before and during construction, and with waivers of (a) required setback for institutional
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uses adjacent to residential zones, (b) minirtnum number of parking spaces, (c) maximum structural
height, (d) required front yard setback, (e) required rear yard setback and (fl minimum dimensions of
parking spaces on an irregularly-shaped 1.4, 5-acre property located at the northwest corner of Vermont
Avenue and State College Boulevard, with frontages of 250 feet on the north side of Vermont Avenue and
225 feet on the west side of State College Boulevard, and further described as 891 South State College
(proposed St. Verena Orthodox Coptic Church); and does hereby approve the Negative Declaration upon
finding that the declaration reflects the independent judgment of the lead agency and that it has
considered the Negative Declaration togeth;er with any comments received during the public review
process and further finding on the basis of t~he initial study and any comments received that there is no
substantial evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, in part, upon the following conditions which
are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the safety and general welfare of tihe Citizens of the City of Anaheim:
1. That all air conditioning facilities and other roof and ground mounted equipment shall be properly
shielded from view and the sound buffered from adjacent residential properties. Such information
shall be specifically shown on the plar~s submitted for building permits.
2. That the hours of operation shall be limited from 8:00 a.m. to 9:30 p.m., Monday through Sunday,
except for three (3) days a year for special evening services which shall end by midnight.
3. That prior to June 1, 2002 or upon completion and occupancy of the multiple purpose assembly hall,
whichever occurs first, the two (2) tem'porary trailers shall be removed from the property.
4. That a six (6)-foot high masonry block~wall shall be constructed and/or maintained along the north
and west property lines excepting the front setbacks where the wall height shall not exceed three (3)
feet; provided, however, that the City'Traffic and Transportation Manager shall have the authority to
reduce the height of the wall to protec~ visual lines-of-sight where pedestrian and/or vehicular
circulation intersect. Ctinging vines toieliminate graffiti opportunities shall be planted on maximum
five (5) foot centers adjacent to said wall, and shall be properly irrigated and maintained. Said
information shall be specifically shown on the plans submitted for building permits.
5. (a) That the front landscaped setback along State College Boulevard shall include a landscaped
earthen berm and shall be planted and irrigated with minimum twenty four inch (24") box sized
trees located on maximum finrenty (20) foot centers; and
(b) That the side landscaped setback along Vermont Street shall be planted and irrigated with
minimum twenty four inch (24") box sized trees at a ratio of one (1) tree for every twenty (20)
feet of street frontage; and
(c) That the City Traffic and Transpa;rtation Manager may modify these requirements to ensure
adequate vehicular and pedestrian visibility. Said landscaping shall be shown on plans
submitted for building permits.
6. That the location(s) for future above-ground utility devices including, but not limited to, electrical
transformers, water backflow devices,;gas, communications and cable devices, etc., shall be shown
on plans submitted for building permits. Said plans shall also identify the specific screening
treatment for each device (i.e., landsc~pe screening, color of walls, materials, identifiers, access
points, etc.) and shall be subject to the review and approval of the appropriate city departments.
7. That, if required by the Urban Forestry' Division of the Community Services Department, street trees
shall be installed by the property owner within the public rights-of-way adjacent to State College
Boulevard and/or Vermont Avenue. The size, type and number of trees shall be provided to the
satisfaction of the Urban Forestry Division.
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8. That the proposa) shall comply with all signing requirements of the RS-A-43,000 Zone unless a
variance allowing sign waivers is approved by the Planning Commission or City Council.
9. That gates shall not be installed across any driveway in a manner which may adversely affect
vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering
Standard Plan No. 609 and shall be subject to the prior review and approval of the City Traffic and
Transportation Manager prior to issuance of a building permit.
10. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the most current versions 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. Said information shall be specifically
shown on plans submitted for building permits.
11. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City
Engineer in conformance with Engineering Standard No. 137. Said information shall be specifically
shown on plans submitted for building permits.
12. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses.
13. That granting of the parking waiver is contingent upon operation of the use in conformance with the
assumptions andlor conclusions relating to the operation and intensity of use as contained in the
parking demand study that formed the basis for approval of said waiver. Exceeding, violating,
intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in
the parking demand study, shall be deemed a violation of the expressed conditions imposed upon
said waiver which shall subject this conditional use permit to termination or modification pursuant to
the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code.
14. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage areas shall be designed, located and screened so as not to be
readily identifiable from adjacent streets or highways. The walls of the storage areas shall be
protected from graffiti opportunities by the use of plant materials such as minimum one (1) gallon
si2ed clinging vines planted on maximum three (3) foot centers, or tall shrubbery. Said information
shall be specifically shown on the plans submitted for building permits.
15. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to
the Streets and Sanitation Division for review and approval. Said information shall be specifically
shown on the plans submitted for building permits.
16. That an on-site trash truck turn-around area shall be provided in accordance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division.
Said turn-around area shall be specifically shown on plans submitted for building permits.
17. That because this project has landscaping areas exceeding finro thousand five hundred (2,500) sq.ft.,
a separate irrigation meter shall be installed in compliance with Chapter 10.19 "Landscape Water
Efficiency" of the Anaheim Municipal Code and Anaheim Ordinance No. 5349.
18. That lighting fixtures in any proposed parking area located adjacent to any residential property shall
be down-lighted with a maximum height of twelve (12) feet. Said lighting fixtures shall be decorative
and shall be directed away from adjac~nt residential property lines to protect the residential integrity
of the area. Said information shall be ~specified on the plans submitted for building permits.
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19. That lighting for this facility shall be designed and positioned in a manner so as not to unreasonably
illuminate or cause glare onto adjacent or nearby streets and/or properties.
20. That three (3) foot high street address numbers shall be displayed on the roof in color contrasting
with the roof material. The numbers shall not be visible to the view from the streets or adjacent
properties.
21. That streetlights shall be installed along the Vermont Avenue frontage.
22. That the trash barrels associated with ~he temporary modular buildings shall be stored out of the
public's view.
23. That the legal owner of this property shall provide the City of Anaheim with a public utilities
easement to be determined as the electrical design is completed.
24. That any required relocation of City electrical facilities shall be at the developer's expense.
25. That all backflow assemblies shall be located above ground and outside the street setbacks in a
manner fully screened from all public streets and alleys. Any backflow assemblies currently installed
in a vault shall be brought up to current standards. Any other large water system equipment shall be
installed to the satisfaction of the Water Engineering Division in either underground vaults or outside
the street setback area in a manner fully screened from all public streets and alleys. Said
information shall be specifically shown on plans submitted for building permits and approved by
Water Engineering and Cross Connection Control Program staff prior to issuance of building permits.
26. That a final landscaping plan for the entire site shall be submitted to the Zoning Division of the
Planning Department for review and approval specifying the type, size, location and spacing of the
proposed landscaping and the propos~d irrigation facilities. Any decision of the Zoning Division may
be appealed to the Planning Commission for review as a"Reports and Recommendations" item.
Following approved, the landscaping shall be installed and maintained in accordance with the plan.
27. That detailed elevation drawings, including a materials board, shall be submitted to the Zoning
Division for review and approval of the Planning Commission as a"Reports and Recommendations
item.
28. That this conditional use permit is grarnted subject to adoption of a zoning ordinance in connection
with Reclassification No. 99-00-16, now pending.
29. That any use of church bells shall not violate the City of Anaheim Noise Ordinance.
30. That no school use (other than Sunday school) shall be permitted in conjunction with this conditional
use permit.
31. That plans indicating decorative exterior lighting, fencing, gates and signage shall be submitted to
the Zoning Division for Planning Commission review as a"Reports and Recommendations" item.
32. That a Lot Line Adjustment plat to combine the existing lots shall be submitted to,the Subdivision
Section, Development Services Division of the Public Works/Engineering Department, for review and
approval by the City Engineer. Follow~ing approval it shall be recorded in the Office of the Orange
County Recorder.
33. That the church and multi-purpose hall shall not be used for separate simultaneous events to ensure
that adequate parking is provided on-site at all times.
34. That a phasing plan shall be submitted to the Zoning Division for review and approval showing how
improvements will be phased in conjumction with the temporary modular buildings.
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35. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by th!e petitioner and which plans are on file with the Planning
Department marked Revision No. 1 of Exhibit No. 1, and Exhibit Nos. 2 through 5, and as
conditioned herein.
36. That prior to commencement of the ac~ivity authorized by this resolution, or prior to issuance of a
building permit for any development phase, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 4, 5, 6, 9, 10, 11, 14, 15, 16, 18, 23, 25, 26, 27,
28, 31, 32 and 34, 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.
37. That prior to commencement of the ac~ivity authorized by this resolution or prior to final building and
zoning inspections for any phase, whichever occurs first, Condition Nos. 7, 17, 20, 21 and 35,
above-mentioned, shall be complied with.
38. 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 Anaheim City Planning Commission 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 condition, 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 was adopted at the Planning Commission meeting of
March 13, 2000.
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C AIRP RSON, ANAH~IM CI Y PLANNING COMMISSION
ATTEST:
a.~Gt,(GlJ l~v~^'~
SECRET~RY, Af~f~HEIM CITY PLANNING COMMISSION
lJ
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on March 13, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: KOOS
ABSENT: COMMISSIONERS: NONE
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IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
, 2000. ~
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SE RETA ANAHEIM CITY PLANNING COMMISSION
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