Resolution-PC 2003-77~ •
RESOLUTION NO. PC2003-77
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04688 BE GRANTED
FOR A PERIOD OF THREE (3) YEARS, TO EXPIRE JUNE 2, 2006
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:
PARCEL 1: BEING A PORTION OF LAND IN THE WEST HALF OF THE SOUTH
HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
8, TOWNSHIP 4 SOUTH RANGE 10 WEST, S.B.B.M. IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA.
SAID LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SECTION 8 DISTANCE
NORTH 89° 31' 30" WEST 662.47 FEET FROM THE SOUTHEAST CORNER OF SAID
SECTION 8. SAID POINT ALSO BEING THE SOUTHEAST CORNER OF THE WEST
HALF OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SAID SECTION; THENCE CONTINUING ALONG SAID SOUTH LINE
NORTH 89° 31' 30" WEST 90.00 FEET TO THE POINT ON THE WESTERLY LINE OF
TH.E .E~STERLY 90..00 FEET OF TNE. WEST HALF ~F TH~ ~O-IJ~-HE~ST QUARTER --
OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE NORTH 0° 12' 03"
WEST 40.00 FEET ALONG SAID WESTERLY LINE TO THE TRUE POINT OF
BEGINNING OF THIS DESCRIPTION. THENCE CONTINUING NORTH 0° 12' 03"
WEST 289.95 FEET ALONG SAID WESTERLY LINE TO A POINT ON THE
NORTHERLY LINE OF THE SOUTH 329.95 FEET ALONG SAID WESTERLY LINE TO A
POINT ON THE NORTHERLY LINE OF THE SOUTH 329.95 FEET OF SAID SECTION
8; THENCE NORTH 89° 31' 30" ALONG SAID EAST LINE WEST 109.86 FEET ALONG
SAID NORTHERLY LINE TO THE EAST LINE OF THE WEST 264 FEET LYING EAST
OF THE WEST 3 ACRES OF WEST %2 OF SOUTH %2 OF THE SOUTHEAST FOUR
FEET OF THE SOUTHEAST 4 FEET OF SAID SECTION 8. THENCE SOUTH 0° 08' 36"
EAST 289.95 FEET TO A POINT WHICH IS DISTANT 40.00 FEET MEASURED AT
RIGHT ANGLES TO THE SOUTHERLY LINE OF SAID SECTION 8; THENCE
PARALLEL TO SAID SOUTHERLY LINE SOUTH 89° 31' 30" EST 110.16 FEET TO THE
TRUE POINT OF BEGINNING.
PARCEL 2: BEING A PORTION OF LAND IN THE WEST HALF OF THE SOUTH
HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
8, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S.B.B.M. IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA.
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SECTION 8 DISTANCE
NORTH 89° 31' 30WEST 662.47 FEET FROM THE SOUTHEAST CORNER OF SAID
SECTION 8. SAID POINT BEING THE SOUTHEAST CORNER OF THE WEST HALF
OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SAID SECTION 8. THENCE NORTH 0° 12' 03" WEST 240.00 FEET
ALONG THE EASTERLY LINE OF SAID WEST HALF TO THE TRUE POINT OF
BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING ALONG SAID
EASTERLY LINE NORTH 0° 12' 03" WEST 89.95 TO A POINT ON THE NOTHERLY
LINE OF THE SOUTH 329.95 FEET OF SAID SECTION 8; THENCE NORTH 89° 31' 30"
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WEST 65.00 FEET ALONG SAID NORTHERLY LINE TO A POINT ON THE WEST LINE
OF THE EASTERLY 65.00 FEET OF THE WEST HALF OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE SOUTH 0°
12' 03" EAST 89.95 FEET ALONG SAID WEST LINE; THENCE SOUTH 89° 31' 30"
EAST 65.00 FEET TO THE TRUE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on May 19, 2003 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 that said public hearing was
continued to the June 2, 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 Sections 18.21.050.110 and 18.45.050.130 to wit: to permit and retain a church in
an existing building with waiver of the following:
Sections 18.06.050.020.026.0266 - Minimum number of parkinq spaces.
18.06.080 (254 spaces required for the proposed church;
18.21.066.010 111 spaces proposed (24 on-site and 87 off-site spaces) and
and 1.8.45.066.050 concurr~d witk~ by the City TFaffic a~td Transportation Manager)
2. That the parking study submitted by the petitioner (prepared by Daniel Benson &
Associates and dated March 14, 2003) concluded that conservatively only 71 (63%) of the 111 available
parking spaces (which includes spaces ~djacent tenants have agreed to let the church uss) will be
occupied at peak hours and, further, that the anticipated traffic will peak after the street rush hour and will
be well under the IoYs capaciry; and that the City Traffic and Transportation Manager has reviewed the
study and concurs that the proposed parking supply will be adequate for the church (9,983 sq.ft.)
provided that the remaining portion of the industrial building (6,123 sq.ft.) will not be utilized for church
activity and will remain vacant.
3. That the waiver of minimum number of parking spaces, under the conditions imposed,
will not cause fewer off-street parking spaces to be provided for the proposed 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 off the use; and that while this 9,983 sq.ft church
(consisting of assembly area and offices) operates in the existing 16,106 sq.ft. industrial building on
subject property, the other 6,123 sq.ft. of building will be vacant and, therefore, will not generate the need
for additional parking.
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 the proposed use.
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7. That the parking waiver, 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; and that the two existing driveways are adequate for the proposed use, as approved.
8. 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.
9. That the proposed operation of the church will not adversely affect the adjoining land
uses because the church conducts services at hours that are complementary to, and do not conflict with,
surrounding businesses; and that no private school exists or is proposed.
10. That the size and shape of the site for the church is adequate to allow full development of
the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and
general welfare.
11. That based on the approved parking study, 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 and will use surrounding properties to provide
additional parking.
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 re~iev~red the-proposal to permit and Fetain a-chufch in a~ exis~ir~g building vvith
waiver of minimum number of parking spaces on an irregularly-shaped 1.0-acre property having a
frontage of 130 feet on the north side of Lincoln Avenue and a maximum depth of 290 feet, being located
455 feet west of the centerline of Euclid Way, and further described as 1751 West Lincoln 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, 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 on June 2, 2006.
That a minimum of twenty four (24) on-site parking spaces and eighty seven (87) off-site parking
spaces for a total of one hundred eleven (111) parking spaces shall be provided and maintained at
all times.
3. That only nine thousand nine hundred eighty three (9,983) square feet of the existing sixteen
thousand one hundred six (16,106) square foot industrial building shall be utilized for this church;
and thaf the other six thousand one hundred twenty three (6,123) square feet of the building shall
remain vacant .
4. That the legal owner of subject property shall prepare an unsubordinated covenant providing
reciprocal parking on adjacent properties for the church's use. Said covenant, in a form satisfactory
to the City Attorney, shall be submitted to the City Traffic and Transportation Manager and the
Zoning Division for review and approval. Following approval, the covenant shall be recorded in the
Office of the Orange County Recorder, and a copy of the recorded covenant shall be submitted to
the Zoning Division.
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5. That the hours of operation for the church shall be limited to the following, as stipulated in the
petitioner's letter of operation:
Tuesday: 7 p.m. - 10 p.m. Prayer and Bible Study
Saturday: 7 p.m. - 10 p.m. Evangelistic Service
Sunday: 8:30 a.m. - 1 p.m. Sunday School
6 p.m. - 10 p.m. Evangelistic Service
6. That no portable signs shall be utilized to advertise the church.
7. 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.
8. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses.
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 finrenty
four (24) hours from time of occurrence.
10. That four (4) foot high address numbers shall be displayed on the building roof in a contrasting color
to the roof material. The numbers shall not be visible to adjacent streets or nearby properties. Said
information shall be specifically shown on plans submitted to the Police Department, Community
Services Division, for revie.w and approval.
11. 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 here9n.
12. That within sixty (60) days from the date of this Resolution, Condition Nos. 4, 10, 11 and 14, 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.
13. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipaf Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or findings as to comptiance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
14. That the existing landscaping planter along Lincoln Avenue shall be refurbished; and that minimum
finrenty four (24) inch box sized trees shall be planted at a ratio of one (1) tree for every twenty (20)
feet of street frontage. Plans showing said landscaping shall be submitted to the Zoning Division for
review and approval.
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
June 2, 2003.
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C IRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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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 June 2, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: EASTMAN, KOOS, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, BOYDSTUN
VACAN.T-: CO.MMI~SIONERS: VAEA~IT
IN WITNESS WHEREOF, I have hereunto set my hand this ~S ` day of
, 2003.
IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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