Resolution-PC 2002-54~
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RESOLUTION NO. PC2002-54
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04531 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:
THE EAST 216.00 FEET OF THE WEST 416.00 FEET OF THAT PORTION OF
THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 4 SOUTH, RANGE
10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY
OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN
BY MAP ON FILE IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUTY RECORDER OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 4; THENCE
EAST 1,320.00 FEET ALONG THE SOUTH LINE OF SAID SECTION; THENCE
NORTH 282.00 FEET, PARALLEL WITH THE WEST LINE OF SAID SECTION;
THENCE WESTERLY TO A POINT ON THE WEST LINE OF SAID SECTION,
DISTANT NORTH 240.00 FEET FRON THE POINT OF BEGINNING; THENCE
SOUTH 240.00 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 April 8, 2002 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 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 18.21.050.105 and 18.21.050.110 to permit a church with an
accessory child day care facility for a maximum of 30 children with waiver of the following:
Sections 18.04.042.020
and 1821.063
tequired setbacks for institutional uses adjacent to residential zones.
minimum 15 feet required; ~
~ to 27 feet proposed adjacent to RS-A-43,000 and RM-3,000 zoning)
2. That the waiver, required setbacks for institutional uses adjacent to residential zones, is
hereby approved on the basis that the proposed use will operate in a manner similar to the former
mortuary use and will not intensify impacts to the adjacent residential zoning to the north and east.
3. That the adjoining RS-A-43,000 zoned property to the north is vacant, and the adjoining
RM-3000 zoned property to the east is developed with parking facilities along the shared property line
which will provide a buffer for the neighboring residential condominium project.
4. That the proposed 15-foot setback area along the north and east consists of a 3 to 10-
foot wide landscaped planter befinreen open parking spaces and the property lines, and a trash enclosure
at the northeast corner of the property.
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5. That there are special circumstances applicable to the property consisting of its location
and surroundings, which do not apply to other identically zoned properties in the vicinity; and that strict
application of the Zoning Code would deprives the property of privileges enjoyed by other properties
under identical zoning classification in the vicinity.
6. That the proposed use will not adversely affect the adjoining residential and retail land
uses nor restrict the growth and development of the area in which it is proposed to be established.
7. That this proposal does not include physical expansion of the existing building and,
therefore, 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.
8. That due to a variety of worship services times throughout the week, parishioners will
utilize the church during the week without creating spikes of high peak use; and that the traffic generated
by the proposed use will not impose an undue burden upon the streets and highways designed and
improved to carry traffic in the area because the church will operate during off-peak times.
9. That the granting 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.
10. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition.
11. 'Chat two people spoke at the public hearing in favor of the pro~osal; and that eight
people filled out "speaker cards" indicating their support of the proposal.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 1, as defined in the State if California Environmental Impact Report (EIR)
Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
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 property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
That the hours of operation of the church shall be limited to the following:
Reaular Sa~ctuarv Services
Sunday: 8 a.m. - 12 p.m.
Wednesday: 8 a.m. - 11:30 a.m.
Friday: 8 a.m. - 11:30 a.m.
6 p.m. - 10 p.m.
Saturday: 8 a.m. - 11:30 a.m.
5 p.m. - 7 p.m.
7:30 p.m. - 10 p.m.
Altered Sanctuary Services
(Altered services would occur during Lent, including celebration of Orthodox Easter)
Wednesday: 9 a.m. -12:30 p.m.
Friday: 3 p.m. - 6:30 p.m.
In addition, special services shall be permitted three times a year for Christmas, Epiphany and
Easter from 7 p.m. to midnight.
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2. That the hours of operation for the child care facility shall be limited to 6 a.m. to 6 p.m. daily with four
(4) employees and a maximum of thirty (30) children, as stipulated by the petitioner in the letter of
operation.
3. That no portable signage shall be utilized to advertise the church. Signage shall be limited to the
use of the existing freestanding identification sign. The existing pole sign shall be removed and final
plans for the existing identification sign shall be reviewed and approved by the Zoning Division. Any
decision by the zoning Division may be appealed to the Planning Commission as a"Reports and
Recommendations" item.
4. That Special Event Permits may be issued for banners only; and that due to the proximity of
residential land uses, no outdoor events shall be permitted.
5. That any required relocation of City electrical facilities shall be at the developer's expense.
6. That the church and Bible study hall shall not be used for separate simultaneous events when the
sanctuary is being used to ensure that adequate parking is provided on-site at all times.
7. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
8. That no "compacY' or "small car" spaces are permitted.
9. That the applicable traffic signal assessment fee shall be paid to the City of Anaheim in an amount
established by City Council resolution.
10. That the traffic and transportation improvement fee shall be paid to the City of Anaheim, Traffic
Engineering Division, in the amount established by the City Council ordinance/resolution. This fee
will be used to fund traffic and transportation improvements within the area impacted by this project.
Said fee shall be subject to adjustment by the City Council.
11. 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
601/602 pertaining to parking standards and driveway locations. Subject property shall thereupon
be developed and maintained in conformance with said plans.
12. That an on-site trash truck turn around area shall be provided in compliance with Engineering
Standard Detail No. 610 and shall shown on plans as required by the Department of Public Works,
Street Sweeping and Sanitation Division. Said information shall be specifically shown on plans
submitted to the City Tra~c and Transportation Manager for review and approval.
13. 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.
14. That the trash area shall be refurbished to comply with approved plans on file with the Public Works
Department including installation of trash enclosure gates in compliance with City Standards. Said
information shall be specifically shown on the plans submitted for Public Works Department, Street
and Sanitation Division, approval.
15. That all existing water services shall conform to current Water Utility standards. Any existing water
services that are not approved by the Water Engineering Division for continued use shall be
upgraded to current standards or abandoned by the developer. If existing services are no longer
needed, they shall be abandoned by the developer.
16. That three (3) foot high street address numbers shall be displayed on the roof of the building in a
contrasting color to the roof material. The numbers shall not be visible to the adjacent street or
nearby properties. Said information shall be specifically shown on plans submitted for Police
Department, Community Services Division, approval.
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17. That the legal owner shall submit an application for a Subdivision Map Act Certificate of Compliance
to the Public Works Department, Development Services Division. A Certificate of Compliance or
Conditional Certificate of Compliance shall be approved by the City Engineer and recorded in the
Office of the Orange County Recorder.
18. That the developer shall submit a Water Quality Management Plan (WQMP) specifically identifying
the post construction best management practices that will be used on-site to control predictable
pollutants from stormwater runoff. The WQMP shall be submitted to the Public Works Department,
Development Services Division, for review and approval.
19. That a decorative six (6) foot high masonry block wall complementary to the existing building
materials shall be constructed around the perimeter of the south playground area adjacent to the
front building elevation. Said wall shall be planted with vines planted on maximum three (3) foot
centers to prevent graffiti opportunities, and irrigation facilities shall be provided. A six (6) foot high
chainlink, wrought iron or tubular steel fence and a protective barrier (e.g., bollards) shall be
constructed around the perimeter of the northwest playground area. Said information shall be
specifically shown on plans submitted to the Zoning Division for review and approval. Any decision
by the Zoning Division may be appealed to the Planning Commission as a"Reports and
Recommendations item."
20. That no bells audible at the exterior of the building shall be permitted.
21. 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 s_hall conform to En.g.ineering.
Standard Plan No. 609 and shall be subject to review and approval by the City Tra~c and
Transportation Manager.
22. That the on-site landscaping and irrigation system shall be maintained in compliance with City
standards.
23. 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 type, size and location of the proposed
landscaping and the proposed irrigation facilities. The plan shall show a minimum of twenty (20),
twenty four (24) inch box sized trees in the front landscaped setback adjacent to La Palma Avenue.
Any decision by the Zoning Division may be appealed to the Planning Commission for review as a
"Reports and Recommendations" item. Following approval, the landscaping shall be installed and
maintained in accordance with the plan.
24. That since this project has landscaping area exceeding two thousand five hundred (2,500) square
feet, a separate irrigation meter shall be installed to comply with Chapter 10.19 of Anaheim
Municipal Code "Landscape Water Efficiency" and Ordinance iVo. 5349. Said information shali be
specifically shown on the final landscaping plan.
25. 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 the adjacent residential property lines to protect the residential
integriry of the area; and that this information shall be specified on plans submitted to the Zoning
Division for review and approval.
26. That a plan showing the proposed play equipment shall be submitted to the Zoning Division for
review and approval. Any decision by the Zoning Division may be appealed to the Planning
Commission for review as a"Reports and Recommendations" item.
27. 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.
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28. That the property owner shall submit a letter to the Zoning Division requesting termination of
Conditional Use Permit No. 29 (to construct and operate a mortuary).
29. That subject property shall be maintained 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 and 3, and as conditioned herein.
30. That prior to commencement of the activity authorized by this resolution, 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. 3, 9, 10, 11, 12, 14, 16, 17, 18, 19, 23, 24, 25, 26, 27 and 28, 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.
31. That prior to commencement of the activity authorized by this resolution or prior to final building and
zoning inspections, whichever occurs first, Condition No. 29, above-mentioned, shall be complied
with.
32. 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 8, 2002.
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CHAIRP SON, ANAHEIM PLANNING COMMISSION
ATTEST:
SECRETARY, ANAH IM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COiJI~TY OF ORAiVGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, Secretary of the Anaheim City Pianning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on April 8, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BRISTOL
IN WITNESS WHEREOF, I have hereunto set my hand this l~~ day of
r ~ , 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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