Resolution-PC 2003-106•
RESOLUTION NO. PC2003-106
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04660 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 SOUTH HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF
THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION
16, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN
CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51,
PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY.
EXCEPTING THEREFROM THE WEST 200.00 FEET.
BEING FURTHER DESCRIBED AS THE SOUTH HALF OF THE EAST HALF OF
LOT 5 OF HELEN AND LYNCH'S ADDITION TO ANAHEIM, AS SHOWN ON A
MAP RECORDED IN BOOK 442, PAGE 158 OF DEEDS, RECORDS OF LOS
ANGELES COUNTY, CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on June 30, 2003 at 1:30 p.m., notice of said _publ_ic hearing havin.g 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; that the hearing was
continued to the July 14, 2003 Planning Commission meeting; 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 18.44.050.130 to wit: to permit and retain a church within an existing
office building with waiver of the following:
Sections 18.04.042.020 - Institutional uses adiacent to residential zones.
and 18.44.063.040 (minimum 15-foot wide landscaped setback required between churches
and residential zoning, and minimum 10-foot landscaped setback required
in CL (Commercial, Limited) zoning adjacent to residential zoning;
3 to 5-foot wide landscaped setback existing and proposed adjacent to the
north property line ("RM-1200" Residential, Multiple-Family zoning))
2. That the waiver of minimum setback between a church on commercially zoned property
and residential zoning is hereby approved on the basis 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; that the proposed church is in an existing office building and no new structures
are proposed; and that although the adjacent zoning to the east is residential ("RS-A-43,000"
Residential/Agricultural) said property is developed with a school (not residences) and the apartments to
the north are buffered from subject commercial property by existing landscaping and carports adjacent to
the north property line.
3. That strict application of the Zoning Code would deprive subject property of privileges
enjoyed by other properties under identical zoning classification in the vicinity.
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4. That the proposed church, as conditioned herein, will not adversely affect the adjoining
land uses or restrict the growth and development of the area in which it is proposed to be located.
5. That the size and shape of the site for the church, as conditioned herein, is adequate to
allow full development of the church in a manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
6. That the traffic generated by the church, as conditioned herein, will not impose an undue
burden upon the streets and highways designed and improved to carry traffic in the area.
7. That granting 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.
8. 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: 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 of 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 prer_eq_u_isite to the proposed use Qf 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 for the church and church office shall be limited to the following, as
stipulated to by the petitioner:
Sunday: 9 a.m. to 1 p.m.
Wednesday and Friday: 7 p.m. to 10:30 p.m.
Monday through Friday office hours: 8 a.m. to 5 p.m.
2. That only the two thousand one hundred (2,100) square foot assembly area shown on the approved
exhibits shall be utilized as a church assembly area.
3. That no portable signs shall be utilized to advertise the church.
4. That the proposal shall comply with all sign regulations for the CL (Commercial, Limited) Zone
unless a variance allowing sign waivers is approved by the Planning Commission or City Council.
Any additional signage beyond what which exists on the date of this Resolution shall be reviewed
and approved by the Zoning Division. Any decision by staff may be appealed to the Planning
Commission for consideration as a'Reports and Recommendations' agenda item.
5. That the only accessory school activity shall be Sunday School; and that this facility shall not be
used as a private daycare, nursery, elementary, junior and/or senior high school.
6. That no outdoor activity shall be conducted by the church at any time in the rear (north) landscaped
setback adjacent to the residential neighborhood.
That no bells audible to the exterior of the building shall be permitted.
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8. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
to show conformance with the current versions of Engineering Standard Pian Nos. 436, 601 and 602
pertaining to parking standards and driveway location. Subject property shall thereupon be
developed and maintained in conformance with said plans.
9. That gates shall not be installed across any driveway or private street in a manner which may
adversely affect vehicle traffic on 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.
10. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use.
11. 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.
12. That the landscaped planters and irrigation system shall be permanently maintained with live and
healthy plants.
13. That four (4) foot high 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 properties. Said
information shall be specifically shown on plans submitted to the Police Department, Community
Services Division, for review and approval.
14. T_hat trees shall be planted in the front setback at a ratio of one (1) tree for every twenty (20) lineal
feet of street frontage along Broadway. The trees shall be minimum twenty four (24) inch box sized
and shall be provided with a permanent irrigation system. Said trees shall be maintained in a live
and healthy condition.
15. That in order to continually comply with the Code-required number of parking spaces, the sanctuary
and fellowship hall shall not be used concurrently for separate and simultaneous events.
16. 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, and as conditioned herein.
17. That within a period of sixty (60) days from the date of this Resolution, Condition Nos. 8, 9, 13, 14,
16, 19 and 20, herein-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.
18. 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.
19. That the landscaping at the west property line shalf be refurbished.
20. That a plan showing the use on the existing monument sign (i.e., sign copy) shall be submitted to the
Zoning Division.
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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
July 14, 2003.
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RPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior 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 July 14, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
VACANCY: COMMISSIONERS:
IN WITNESS WHE
, 2003.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
BOSTWICK, EASTMAN, O'CONNELL, ROMERO, VANDERBILT
NONE
NONE
TWO POSITIONS
REOF, I have hereunto set my hand this ~ day of
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