Resolution-PC 2003-39~
RESOLUTION NO. PC2003-39
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04631 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:
LOT 76 AhD THE SOUTHERLY 5.00 FEET OF LOT 75 IN BLOCK F OF HEIMANN
AND GEORGE'S MAP ADDITION BUILDING LOTS, AS/KNOWN ON A MAP
RECORDED IN BOOK 2 PAGE 249 OF MISCELLANEOUS RECORDS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on December 16, 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 48.03, 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 said public hearing was continued to
the January 27, February 10 and March 10, 2003 Planning Commission meetings; 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 18.27.050.030 to permit an accessory basketball half-court in conjunction
with an existing church with the following waivers:
(a) Section 18.04.042.020 - ReQUired setback for institutional uses adiacent to a residential zone.
(b) Sections 18.04.047 - Maximum fence heiqht.
and 18.27.068
2. That waivers (a) and (b), required setbac{c for institutional uses adjacent to a residential zone
and maximum fence height, are hereby denied because following public notification the site plan was revised
to show the required landscaped setbacks along the north and east property lines.
3. That the proposed use (advertised as a multi-use sports court which was modified to a
basketball half-court) is located in the RS-5000 (Residential, Single-Family Zone) and, as conditioned herein,
will not adversely affect the adjoining land uses and the growth and development of the area in which it is
proposed to be located.
4. That the traffic generated by the proposed use, as conditioned herein, will not impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the area.
5. That the proposed use, as conditioned herein, will not adversely affect the adjoining land
uses; and that said use, as designed, is consistent with its residential setting.
6. That the size and shape of the site for the proposed basketball half-court is adequate to
allow full development of said use in a manner not detrimental to the particular area because there will be an
adequate buffer for the surrounding residential uses to protect the peace, health, safety and general welfare
of the neighborhood.
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.
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8. That two people spoke at the public hearing with concerns regarding the proposal.
9. 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 3, as defined in the State of California Environmental Impact Report 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, 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 the basketball half-court shall be utilized only in conjunction with church sponsored activities.
Should the church cease operation in this location, this conditional use permit shall immediately become
null and void.
2. That the hours of operation of the basketball half-court shall be limited to the following: 12 noon to 8
p.m. or dusk, whichever occurs first. Access to the court shall be controlled through the church property
and monitored by church personnel, and the court shall not be used for adult sports activities. During
the hours when the basketball half-court is not in use, the basketball hoop shall be secured such that
court play is not possible.
3: Thaf af no time shalt th~re be anq fighting of the basketbatl half=co~rt.
4. That at all times during court events, at least one (1) employee or church representative, 18 years of
age or older, in a supervisory capaciry shall be present and responsible for ensuring proper conduct on
and around the court.
5. That a decorative eight (8) foot high masonry block wall shall be constructed along the north, east and
west property lines of the basketball half-court provided, however, that said wall shall be set back ten
(10) feet from the public right-of-way along Claudina Street. Said wall shall be planted and irrigated
with minimum one (1) gallon vines planted on maximum three (3) foot centers. Said information shall
be specifically shown on plans submitted to the Zoning Division for review and approval.
6. That a landscaping plan shall be submitted to the Zoning Division for review and approval. The plan
shall incorporate Italian Cypress trees along the north and east property lines and Camphor trees along
the west property line. The Italian Cypress trees shall be minimum fifteen (15) sized and shall be
planted on four (4) foot centers, and the Camphor trees shall be minimum twenty four (24) inch box
sized and shall be planted on twenry (20) foot centers.
7. That the on-site landscaping and irrigation system shall be maintained in compliance with City
standards.
8. That one (1), twenty four (24) inch box sized, Queen Palm (Syagrus romanzo~anum) shall be planted
and maintained in the parkway adjacent to Claudina Street. Said information shall be specifically shown
on plans submitted for Community Services Department, Urban Forestry Division, approval.
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 no amplified music or `boom-boxes' shall be allowed on the half-court.
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11. That subject property shall be maintained substantiaily 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 Revision 1 of Exhibit No. 2, and as conditioned herein.
12. That prior to commencement of the activity authorized by this resolution, or 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. 5, 6 and 8, 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.
13. That prior to commencement of the activity authorized by this resolution or final building and zoning
inspections, whichever occurs first, Condition No. 11, above-mentioned, shall be complied with.
14. 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
March 10, 2003.
CH PERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 March 10, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: EASTMAN
ABSENT: COMMISSIONERS: ROMERO
, IN WITNESS WHEREOF, I have hereunto set my hand this 3rd- day of
L , 2003.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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