Resolution-PC 2001-74.
RESOLUTION NO. PC2001-74
•
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04327 BE GRANTED
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:
THAT PORTION OF LOT 3 OF THE ANAHEIM EXTENSION, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
A MAP OF SURVEY MADE BY WILLIAM HAMEL AND FILED IN THE OFFICE
OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, A
COPY OF WHICH IS SHOWN IN BOOK 3, PAGE 163 ET SEQ, ENTITLED
"LOS ANGELES COUNTY MAPS" OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 3, SAID POINT
BEING SOUTH 89 DEGREES 51' 30" EAST 307.81 FEET FROM THE
NORTHWESTERLY CORNER OF SAID LOT 3; THENCE ALONG SAID
NORTHLINE SOUTH 89 DEGREES 51' 30" EAST 255.36 FEET; THENCE
SOUTH 15 DEGREES 54' 30" EAST 229.22 FEET TO THE NORTHEASTERLY
C-QRNER OF FHE LAND DESGRfB~D IN THE DEED T-O THE Af~}AHEEM
UNION HIGH SCHOOL DISTRICT OF ORANGE COUNTY, RECORDED
OCTOBER 31, 1960, IN BOOK 5486, PAGE 542 OF OFFICIAL RECORDS;
THENCE SOUTH 74 DEGREES 13' 33" WEST 242.20 FEET ALONG THE
NORTHERLY LINE OF SAID LAND TO THE WESTERLY LINE OF THE LAND
DESCRIBED IN THE DEED TO THE BRETHEREN HOME MISSION COUNCIL,
INC., RECORDED JANUARY 4, 1957 IN BOOK 3760 PAGE 167 OF OFFICIAL
RECORDS; THENCE NORTH 16 DEGREES 32' 51" WEST 299.31 FEET TO
THE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on June 18, 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
investigafe and make findings and recommendations in connection therewith; that the hearing was
continued from the meetings of March 12, April 23 and June 4, 2001; 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 Section 18.21.050.110 to construct an addition to an existing church with
waivers of the following:
(a) Sections 18.06.050.026.0266 - Minimum number of qarkinq spaces.
and 18.21.066.010 (188 required; 86 proposed and concurred with by the City
Traffic and Transportation Manager)
CR5108PK.DOC -1- PC2001-74
~
~
(b) Sections 18.21.062.010 - Maximum structural heiQht.
and 18.21.062.020.0201 (30 feet permitted if located a minimum of 60 feet from
residential zoning, and 7.5 feet permitted where located 15
feet from residential zonin4;
proposed 19 to 31-foot hiqh building and 47-foot hiqh clock
tower with a cross located 15 feet from RS-A-43.000 zoninq to
the east and south)
(c) Section 18.21.063.010 - Minimum front vard setback.
(25 feet required;
21 to 24 feet proposed between La Palma Avenue and a 6-foot
high block wall)
(d) Section 18.21.063.030 - Minimum rear yard setback.
(25 feet required; 15 feet proposed)
2. That waiver (a), minimum number of parking spaces, is hereby approved on the basis
that the findings in the updated parking study (which the City Traffic and Transportation Manager concurs
with) indicate that the proposed parking supply will be adequate for the existing and proposed uses
provided that the seating is not increased; that the proposed addition does not increase the seating; and
that the observed peak parking demand of 82 spaces for Sunday mass will be accommodated by the 86
spaces proposed for this site. The study further identi~es the following findings to substantiate the
requested waiwer. - -
3. That the parking waiver, under the conditions imposed, will not 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. ~
4. That the parking waiver, 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.
5. That the parking waiver, 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 the Anaheim Municipal Code).
6. That the parking waiver, under the conditions imposed, will not increase traffic congestion
within the off-street parking areas or lots provided for such use.
7. That the parking variance, 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.
8. That waiver (b), maximum structural height, is hereby approved on the basis of special
circumstances pertaining to the location of the property and its surroundings because the adjoining
residential zoning to the east and south (RS-A-43,000 "Residential/Agricultural") is developed with a non-
residential use (Sycamore Junior High School); that the closest residential uses are located over 100 feet
to the west (apartments) and north (residential condominiums across La Palma Avenue); that
reconstruction of the existing clock tower will be compatible with the refurbished church; and that strict
application of the Zoning Code would deprive this church-developed property of privileges enjoyed by
other churches in the RS-A-43,000 Zone.
CR5108PK. DOC -2- PC2001-74
~ •
9. That waiver (c), minimum front yard setback, is hereby approved on the basis that that
the proposed encroachment (a 6-foot block wall enclosing a seating area) serves as an architectural
feature rather than a structure; and that special circumstances apply to this property because it exceeds
1-acre in size and is in the vicinity of other RS-A 43,000 zoned properties which are developed with uses
other than single-family homes
10. That waiver (d), minimum rear yard setback, is hereby approved on the basis there are
special circumstances that apply to this property because it adjoins another institutional use (Sycamore
Junior High School) on the south and east; and that based on the surrounding uses and the proposed
use, the intent of the Code is met by providing the minimum 15-foot setback which is required for
institutional uses in residential zones other than RS-A-43,000.
11. That the proposed additions and the continued operation of a church will not adversely
affect the adjoining land uses nor be detrimental to the peace, health, safety and general welfare of the
citizens of Anaheim.
12. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the request to construct an addition to an existing church with
waivers of minimum number of parking spaces, maximum structural height, minimum front yard setback
and minimum rear yard setback on an irregutarly shaped 1.29-acre property having a frontage of 255 feet
on the south side of La Palma Avenue and a maximum depth of 299 feet, being located 140 feet east of
the centertine of Anna Drive, and #a~heF desertbed as 4546 Eas# La Palma Avenue (St. John Maron
Catholic Church); and does hereby find that the Negative Declaration previously approved in connection
with this conditional use permit is adequate to serve as the required environmental documentation in
connection with this request upon finding that the declaration reflects the independent judgment of the
lead agency and that it has considered the previously approved 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, upon the following conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subject prope~ty in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
1. That a minimum of eighty six (86) parking spaces shall be maintained at all times.
2. That the hours of operation shall be limited to the following, except for special church holidays or
special meetings which not to exceed twelve (12) days per year:
Sunday services: 11 a.m. - 2:30 p.m.
Monday - Saturday social events and meetings: 8:30 a.m. - 11 p.m.
3. That the on-site landscaping and irrigation system shall be refurbished in compliance with City
standards.
4. That all existing mature landscaping shall be maintained and immediately replaced in event that it
becomes diseased or dies.
5. That the proposal shall comply with all sign standards of the RS-A-43,000 "Residential/Agricultural"
Zone unless a variance allowing sign waivers is approved by the Planning Commission or City
Council.
CR5108PK.DOC -3- PC2001-74
! •
6. That all signage including any signs attached to the new block wall enclosing the seating area for
this church facility (other than previously permitted signs) shall be limited to signs approved by the
Planning Commission as a"Reports and Recommendations" item.
7. That clinging vines shall be planted on maximum three (3) foot centers adjacent to the new
masonry walls (i.e., the walls visible to the street) and thereafter be properly irrigated and
maintained; and that such vines shall also be planted in vine pockets adjacent to the existing block
walls on the south, east and west property lines (where visible to the street) to prevent graffiti
opportunities. This information shall be specifically shown on the plans submitted for building
permits.
That trash storage areas 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 area(s) shall be designed, located and screened so as not to
be readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be
protected from graffiti opportunities by the use of plant materials such as minimum one (1) gallon
size 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.
9. 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.
10. That an on-site trash truck turn-around area shall be provided in compliance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division.
Sa'rd turn=around ar~a shalt be specifically-shown on the plans submi~ed-for-butlding permi~s
11. 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 review and approval by the City Traffic and
Transportation Manager prior to installation.
12. 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, 602 and 607 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 the plans submitted for building permits.
13. That the legal property owner shall provide the City of Anaheim with a public utilities easement to
be determined as electrical design is completed.
14. That because this project has landscaping areas exceeding two thousand five hundred (2,500)
square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19
"Landscape Water Efficiency" of Anaheim Municipal Code and Ordinance No. 5349.
15. That all driveways shall be reconstructed 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 the plans submitted for building permits.
16. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses.
17. That the developer shall pay the Sewer Capacity Mitigation fee for the Old Town/Basin 8 study
area.
18. That with the exception of Sunday School, no child day care, pre-school or private school activities
shall be permitted on this property.
CR5108PK.DOC -4- PC2001-74
~ ~
19. 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.
20. That the use of amplified music or bells shall not be permitted outside the building. Non-amplified
bells shall be permitted in the bell tower for use only between 10 a.m. and 9 p.m.
21. That based on the parking study, the seating area shall not be increased. The sanctuary and the
assembly area shall not be used simultaneously. The number of adult congregates at any one time
shall be limited to one hundred eighty (180). If the number of congregates on-site exceeds one
hundred eighry (180), the petitioner shall submit a parking management plan to the City Traffic and
Transportation Manager for review and approval.
22. That the developer shall submit an application for a Certificate of Compliance as outlined in the
Subdivision Map Act to the City Engineer's Office for review and approval.
23. That the 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, 2, 3, 4, 5 and 6, and as conditioned herein.
24. That prior to issuance of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 7, 8, 9, 10, 12, 13, 15, 17 and 22,
above-mentioned, shall be complied with. Extensions for further time to complete said conditions
may be granteet in accordance wi~h Section 18.03:090-of the Anaheim M~~ieipal Code: -
25. That prior to final building and zoning inspections, Condition Nos. 3, 14 and 23, above-mentioned,
shall e complied with.
26. 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 Ciry 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 18, 2001. /~ ( n
CHAIRf~EJR~~I, AtNAHEIM CITY PLANNING COMMISSION
ATTEST: ` /
V
%
SECRETARY, NAHElM CITY PLANNING COMMISSION
CR5108PK.DOC -5- ~ PC2001-74
~ •
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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 June 18, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BRISTOL
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ ~ day of
v' , 2001.
~~~~ ~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
CR5108PK.DOC -6- PC2001-74