Resolution-PC 2001-66~ ~
RESOLUTION NO. PC2001-66
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04355 BE GRANTED, lN PART
FOR ONE (1) YEAR TO EXPIRE ON May 21, 2002
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditionaf Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
LOT 130 OF TRACT NO. 4181 AS PER MAP RECORDED IN BOOK 156,
PAGES 21 THROUGH 23 OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on May 21, 2001 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
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 ~'ind a~d de~eFmi~e ~he ~ollowing facts: _ _ _ - -
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.44.050.130 to permit and retain a church within a commercial
shopping center with waivers of the following:
(a) Sections 18.06.050.022 - Minimum number of parkinq spaces.
18.06.050.025.02555 (153 required;
18.06.050.026.0266 74 existing and concurred with by the City's Traffic and
18.06.080 Transportation Manager)
and 18.44.066.050
(b) Sections 18.04.042.020 - Minimum setback of institutional uses adiacent to a residential
18.44.063 zone boundarv.
and 18.44.064
2. That waiver (b), minimum setback of institutional uses adjacent to a residential zone
boundary, is hereby denied because revised plans were submitted following public notification eliminating
the waiver.
3. That waiver (a), minimum number of parking spaces, is hereby approved on the basis
that the parking study submitted by the petitioner (and prepared by Katz, Okitzu and Associates, and
dated April 2, 2001) indicates that the parking demand for off-street parking spaces is lower than the
quantity provided on the parcel; and that there is a comfortable surplus of parking on the parcel.
4. That the proposal will not increase demand for parking on any streets in the vicinity.
5. The proposed project will not cause any demand for parking on private property in the
vicinity because an adequate supply of parking spaces is provided on the site; and that all project-related
parking is expected to occur on the subject parcel.
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6. That the amount of parking demand forecast for the site is well within the supply provided
on site; that traffic and parking congestion will not occur because the overall demand for parking at the
site is lower than the amount of parking provided; and that a surplus of parking spaces is expected to
exist on the site at all times.
7. That the proposed project will not impede vehicular ingress or egress because the project
is not expected to result in increased demand for on-street parking in the vicinity of any driveways or
other locations in the project vicinity; and that sight lines and turning areas for existing driveways along
public streets will be unaffected by parking for the proposed project.
8. That the size and shape of the site for the proposed use (which is currently operating at
this location without a conditional use permit) 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.
9. That the church use, as conditioned, will not adversely impact adjacent single-family
residential land uses nor impede the growth and development of the surrounding area.
10. That the traffic and parking demands of the proposed church use will not unreasonably
burden the adjoining streets and highways designed and improved to carry the traffic in the area.
11. That granting this conditional use permit for a church located in a commercial retail
center, as conditioned herein, will not be detrimental to the peace, health, safety and general welfare of
the citizens of the City of Anaheim.
--'~~ ~k~at-no on~-indicated their presence at-the-public hearing-ia opposition_to the proposal;
and that eight people indicated their presence in favor of the proposal and a petition with finrelve (12)
signatures was submitted in favor of the proposal.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit and retain a church within a commercial
shopping center with waivers of minimum number of parking spaces and minimum setback of institutional
uses adjacent to a residential zone boundary on a irregularly-shaped 1.47-acre property located at the
northeast corner of Orangethorpe Avenue and Post Lane, having frontages of 357 feet on the north side
of Orangethorpe Avenue and 147 feet on the east side of Post Lane, and further described as 5247 East
Orangethorpe Avenue; 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 together with any comments received during the public review process and further finding on
the basis of the 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 the Citizens of the City of Anaheim:
That this conditional use permit shall expire one (1) year from the date of this resolution, on May 21,
2002.
2. That three (3) foot high street address numbers shall be displayed on the roof of the building in
contrasting cofors to the roof material. The numbers shall not be visible to the nearby sfreets or
adjacent properties
3. That the existing white wrought-iron fence previously utilized to enclose the outdoor play area shall
be removed from in front of the property. The portion of the fence between the edge of the building
and the block wall at the east property may remain.
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4. That there shall be no church activities located in the landscape buffer area along the south and east
property lines adjacent to the single-family residential land uses.
That all existing water services shall conform to current Water Utility Standards. Any existing water
services that are not approved by Utility for continued use shall be upgraded to current standards, or
abandoned by the developer. If the existing services are no longer needed, the developer shall
abandon them.
6. 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.
7. That the existing structures shall comply with the minimum standards of the City of Anaheim,
including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the
City of Anaheim.
8. That there shall be no accessory day care facilities or private schools permitted on this property.
9. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
10. That signage for subject facility shall be limited to the three (3) existing tenant identification wall
sig~s-Eapproxir~a#ely twenty feet (20') by twenty four inches_(2~'), each.) and_identification on the
existing double-faced freestanding shopping center identification sign. No window signs shall be
permitted. Any additional signage shall be subject to approval by the Planning Commission as a
"Reports and Recommendations" item.
11. That no exterior amplified bells shall be installed or utilized in conjunction with this facility.
12. That a letter shall be submitted to the Zoning Division requesting termination of the following zoning
petitions:
(a) Conditional Use Permit No. 3905 - to permit a 1,780 sq.ft. child daycare facility for up to 40
children within a commercial retail center with waiver of minimum setback of institutional uses
adjacent to a residential zone boundary (5247 East Orangethorpe Avenue), and
(b) Conditional Use Permit No. 1758 - to permit beer and wine for on-premises consumption in a
proposed restaurant (5205 East Orangethorpe Avenue).
13. That there shall be no outdoor special events conducted in conjunction with this church.
14. That based on the findings of the parking study prepared by Katz, Okitzu and Associates dated
April 2, 2001, the size of the congregation shall be limited to 75 adults with the following hours of
operation:
Sunday: 9:00 a.m. to 12:30 p.m. (two services)
Tuesday through Saturday: 7:00 p.m. to 10:00 p.m.
Tuesday through Friday: 9:00 a.m. to 5:00 p.m. (two employees)
15. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which p~ans are on file with the Planning
Department marked Exhibit Nos. 1, 2, 3 and 4, and as conditioned herein.
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16. That within a period of two (2) months from the date of this resolution, Condition Nos. 2, 3, 5, 6, 7, 12
and 15, above-mentioned, shall be compfied with. Extensions for further time to complete said
conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
17. 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 applicanYs 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.
May 21, 2001.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
CHAIRPERSON, N EIM
ATTEST:
SECRETARY, ANAHEI ITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
ITY PLANNING COMMISSION
I, Eleanor Fernandes, 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 May 21, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
, 2001.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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