Resolution-PC 2004-110~
RESOLUTION NO. PC2004-110
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ARESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04885 BE GRANTED -
(314 SOUTH BROOKHURST STREET) '
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
Ca{ifornia, described as:
LOT 4 IN BLOCK B OF TRACT 13, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 9, PAGE
12, MISCELLANEOUS MAPS, 1N THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
EXCEPTING THEREFROM: THE SOUTHERLY 378.44 FEET. ALSO EXCEPTING
THEREFROM THE NORTHERLY 195.00' FEET, MEASURED FROM THE
CENTERLINE OF THE STREET ADJOINING SAID LOT 4 ON 7HE NORTH AS SAID
STREET IS SHOWN ON SAID MAP.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on September 20, 2004, 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
18.66.040.030, 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 al! 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 conditionai use permit is authorized by
Anaheim Municipal Code Section 18.08.030.010 to wit: to establish a church and missionary training school
within an existing two-story office building with waiver of the following:
SECTION NO. 18.42.040.010 - Minimum number of qarkinq s~aces
(137 required; 67 proposed and recommended by
the City Traffic and Transportation Manager)
2. That the property is devefoped with a two story office building and parking lot, is zoned C-G and
that said zoning permits religious assembly subject to approval of a conditional use permit; and that the
Anaheim General Plan Land Use Element Map designates the site for Corridor Residential land uses.
3. That the waiver will not, under the conditions imposed and based on the conclusions contained
in the parking study submitted by the petitioner, cause fewer off-street parking spaces to be available for the
church and other on-site activities provided the church adheres to the assumptions contained in the parking
study because the study indicates that the peak parking demand for off-street parking spaces would be
accommodated by the number of available on-site spaces for the proposed church use.
4. That the waiver will not, under the conditions imposed, increase the demand and competition
for parking spaces on the public streets and adjacent private properties in the immediate vicinity of the
proposed use because the project parking lot has adequate parking to accommodate the peak parking
demands of the proposed church use; that the parking lot would be physically separated from adjacent
properties; and, further, there is no reason to encroach into other parking facilities because the parking lot
will provide ample parking as indicated in the parking study.
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5. That the waiver, under the conditions imposed, would not increase traffic congestion within the
off-street parking areas or lots provided for such use.
6. That the parking waiver will not, under the conditions imposed, impede vehicular ingress to or
egress from adjacent properties upon the public streets in the immediate vicinity of the'proposed use
because the project site is physically separated from adjacent private properties.
7. That the proposed use will not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located.
8. That 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.
9. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
10. That granting this conditional use permit, under the conditions imposed, will not be
detrimental to the health and safety of the citizens of the City of Anaheim.
11. That one person indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to permit a church and missionary training school within an existing
two-story office building with waiver of minimum number of parking spaces; 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:
1. That church operations, with the exception of the administrative office, shall be limited to the following
schedule, as stipulated by the petitioner in the letter of operation, dated September 9, 2004:
(a) Church Services: Saturday - 9 a.m. - 2 p.m., 6 p.m. - 9 p.m.
Sunday - 9 a.m. - 2 p.m.
(b) Bible Study: Daily - 4 p.m. - 9 p.m.
2. That the classes related to the missionary training school shall be limited to the rooms identified on
Exhibit No. 3 as "Meeting Room".
3. That church activities and classes related to the missionary training school shall not occur
simultaneously.
4. That this facility shall not be used as a private daycare, nursery, elementary, junior and/or senior high
school.
5. That all church activity, including the use of the parking lot, shall cease by 10:00 p.m., daily.
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6.
' 7
8.
9.
That no portable signs shall be utilized to advertise the church.
That signage shall be limited to one monument sign as shown on Exhibit No. 4 and two existing wall
signs. Any additional signs shall be submitted to the Zoning Division for review and approvaL Any
decision by staff regarding signs may be appealed to the Pfanning Commission as a Reports and
Recommendations' item.
That four (4) additional trees shall be planted along the east property line, adjacent to the single-family
residences, for a total of 6 trees. All new trees shall be minimum 24-inch box, broad-headed,
evergreen trees, spaced 20 feet on-center. Said information shall be specifically shown on the plans
submitted for building permits.
That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, remova( of trash or debris, and removal of graffiti within twenty four
(24) hours from time of occurrence.
10. That at no time shall there be any outdoor storage on the site.
11. That plans analyzing the existing building conditions and the codes applicable to the proposal, shall be
submitted to the Building Division for review and approval to ensure compliance with' such Building and
Safety Code requirements (i.e., exiting requirements and occupancy loads). Said plans shall be.
prepared by a licensed architect and/or engineer.
12. That the on-site landscaping and irrigation system shall be maintained in'compliance with City
standards.
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 notbe visible to adjacent and nearby streets or
properties. Said information shall be specifically shown on plans submitted to the Police Department,
Community Services Division, for review and approvaL
14. That plans shafl be submitted to the City Traffic and Transportation Manager for his review and
approval showing conformance with the current version of Engineering Standard Plan Nos. 436, 601
and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said plans. No compact parking stalls shall be
permitted.
15. That the trash enclosure gates shall be replaced as determined by the Public Works Department,
Streets and Sanitation Division and in accordance with approved plans on file with said Department.
Said information shall be specifically shown on the plans submitted for building permits.
16. That a letter from the property owner, requesting termination of Conditional Use Permit No. 1563 (to
permit on-sale beer and wine in an existing restaurant), shall be submitted to the Planning Services
Division.
17. 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 through 4, and as conditioned herein.
18. 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. 8, 11, 13, 14, 15 and 16 above-mentioned, shall be
complied with. Extensions for further time to complete said conditions may be granted in accordance
with Section 18.03.090 (Time Limit for Amendments, Conditional Use Permits, Administrative Use
Permits, Variances and Administrative Adjustments) of the Anaheim Municipal Code.
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19. l"hat prior to final building and zoning inspections, Condition No. 17, above mentioned shall be
compiied with.
20. 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 #he 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 finaf judgment of any court of competent jurisdiction, then this Reso{ut+on,
and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 20, 2004: Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - GeneraP' of the Anaheim Municipal Code pertai ing to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal '
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CHAIRMA , ANAHEIM CITY PLANNING`COMMISSfON
ATT/ /. .. _
/"Y .A
OR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
C17Y OF ANAHEIM )
1, 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 September 20, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, O'CONNELL, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: FLORES
ABSENT: COMMISSIONERS: VANDERBILT-LINARES
IN WITNESS WHEREOF, I have hereunto set my hand this Jday of
, 2004. ~ ~ n ^
i4RY, ANAHEIM CITY PLANNING COMMISSION
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