Resolution-PC 2004-130~ ~
RESOLUTION NO. PC2004-130 '
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04883 BE DENIED
(1521 EAST LINCOLN AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a ~erified Petition for Cond'itional
Use Fermit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
LOT 6 OF TRACT NO. 1428, IN THE CITY OF ANAHEIM, AS PER MAP RECORDED IN
BOOK 47, PAGES` 8 AND 9 OF MISCELLANEOUS MAPS, 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 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 18.60, 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 the item was continued to the
October 18, 2004, meeting and further continued to fhe November 9, 2004, 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 petitioner proposes to retain an existing church within an existing single family
residence with waivers of the following:
(a) SECTION N0.18.40.040.040 Minimum setback for institutionai uses abuttinq a
residential zone boundarv (15 foot wide setback
required; 5 feet existing adjacent to the building and
3 feet adjacent to the parking area) .
(b) SECTION NO. 18.42.040.010 Minimum number of parkina spaces
(18 required; 6 proposed and not
recommended for approval by the Traffic and
Transportation Manager)
2. That waiver (a) is hereby denied on the basis that permitting a 3 to 5-foot wide setback
adjacent to the existing single family residence to the north would negatively impact the adjacent residential
neighborhood due to additional traffic, lighting and noise impacts from the proposed church.
3. That waiver (b) is hereby denied because the intensification of the site from a single family
use to a church use would cause fewer off-street parking spaces to be provided for such use than the
number of such spaces necessary to accommodate all vehicles attributable to the use under the normal
reasonably foreseeable conditions of operation of such use.
4. That the church use would increase the demand and competition for parking spaces upon >
the public streets in the immediate vicinity of the proposed use; and will increase the demand and -
competition for parking spaces upon the adjacent single family neighborhood and commercial property in the
immediate vicinity of the proposed use.
5. That the church use would increase traffic congestion within the off-street parking area
provided for the use.
CR\PC2004-130 -T PC2004-130
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6. That the church use would impede vehicular ingress to or egress from adjacent single family
properties upon the pubiic streets in the immediate vicinity of the proposed use.
7. That the proposed church use within an existing single family residence is hereby,denied
because the operation would be detrimental to the health and safety of the surrounding single family
neighborhood and that the proposed use is incompatible with the surrounding area and character of the
residential area to the north and the commercial property to the east.
8. That the size and shape of the site proposed for the use is not adequate to al{ow full
development of the proposed use in amanner not detrimental to the particular area nor to the health and
safety of the Citizens of the City of Anaheim.
9. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CAUFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the AnaheimPlanning
Commission has reviewed the proposal to permit a church within an existing single family residence with
waiver of minimum setback for institutional uses abutting a residential zone boundaryand minimum number
of parking spaces; and does hereby approve the Negative Declaration upon finding #hat the declaration
reflects the independent judgment of the lead agency and that it has considered the Negative Declaration
together with. anycomments 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 Planning Commission does hereby
deny subject Petition for Conditional Use Permit, on the basis of the aforementioned findings.
AND BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to
the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to
the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in
delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 1, 2004. Said resolution is subject to the appeal provisions t forth in Chapter 18.60
"Procedures" of the Anaheim Municipal Code pertaining to ag~eal o dures a'~r~d rr~,y be replaced by a City
Council Resolution in the event of an appeal. ~ ~~
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CHAIRPERSON, ANAHEIM PLANNING COMMISSION
ATTE :
SENI R S CRETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITYOF 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 November 1, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, ROMERO, VELAZQUEZ
NOES: COMMISSIONERS: VANDERBILT-LINARES
ABSENT: COMMISSIONERS: FLORES
ABSTAIN: COMMISSIONERS: O'CONNELL
iN WITNESS WHEREOF, l have hereunto set my hand this ~~ day of
; 2004.
SENIO SECRETARY, ANAHEIM PLANNING COMMISSION ,