Resolution-PC 2004-144~ ~
RESOLUTION NO. PC2004-144
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION '
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04916 BE GRANTED
(4101 NOHL RANCH ROAD)
W HEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, Countyof Orange, State of California, „
described as:
LOT 29 TRACT 5499, AS PER MAP RECORDED IN BOOK 201 PAGES 46 AND 47 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 November 1, 2004, at 2:30 p.m., notice of said public hearing having been duly given as
required bylaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 to hear
and consider evidence for and;against said proposed conditionaf use permit and to investigate and make
findings and recommendations in connection therewith; and that said public'hearing was`continued from the
November 15 and December 13, 2004, 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 18.08.030.0402 to wit: to permit an addition to an existing church and
private school and to amend a condition of approval pertaining to the maximum number of students with
waivers of the following:
(a) SECTION NO. 18.18.060.010 - Maximum structural heiqht
(25 feet permitted; 29 feet proposed)
(b) SECTION NO. 18.42.040.010 - Minimum number of parkinq_spaces
~ required; 175 proposed and recommended by
the City Traffic and Transportation Manager)
2. That the property is currently developed with a church and private school, is zoned RH-3 (SC)
and that said zoning permits religious assembly and private schools subject to approval of a conditional use
permit; and that the Anaheim General Plan Land Use Element Map designates the site for Low Density
Residential land uses.
3. That waiver (a), maximum structural height, is hereby approved because the project site's
topography varies near the location of the proposed addition which restricts the developable area; and that
the residential neighborhood within the immediate area would not be negatively impacted since the proposed :
buildings would be constructed at an elevation substantially lower than the adjacent residences
4. That waiver (b), minimum number of parking spaces, is hereby approved because 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 church and private schooL
5. That waiver (b) 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
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demands of the church and school; 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
would provide ample parking as indicated in the parking study.
6. That waiver (b), under the conditions imposed,`would not increase traffic congestion within the
off-street parking areas or lots provided for such use.
T. That the parking waiver (b) will not, under the conditions imposed, impede vehicular ingress to
or egress from adjacenf properties upon the public streets in the immediate vicinity of the proposed use
because the project sife is physically separated from adjacent private properties.
8. That the proposed use,will not adversely affectthe adjoining land uses and the growth and
development of the area in which it is proposed to be located.
9. That the size and shape of the site for the proposed use is adequate to allow full development
of theproposal in a manner not detrimental to the particular area nor to the health and safety:
10. 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.
11. 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.
12. That no one indicatedtheir 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 Planning
Commission has reviewed the proposal to permit an addition to an existing church and private school and to
amend a condition of approval pertaining to the maximum number of students with waivers of: (a) maximum
structural height, and (b) 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 Planning Commission does
hereby grant subject Petition for Conditional Use Permit, and incorporates the conditions of approval
contained in Resolution No. 89-110 and any new conditions which are hereby found to be a necessary
prerequisite to the proposed use of the subject property in order to preserve the health and safety of the
Citizens of the City of Anaheim:
1. That a final landscape plan for the entire site, specifying type, size and location of proposed
fandscaping, irrigation and fencing, shall be submitted to the Planning Services Division for review and
approval. Any decision made by the Planning Services Division may be appealed to the Planning
Commission as a`Reports and Recommendations' item. Said information shall be specifically shown
on the plans submitted for building permits.
2. That outdoor special events shall be subject to review and approval by Planning Services Division staff
and shall be conducted in a manner that will not adversely affect the adjoining residential land uses
and the use of outdoor loudspeakers shall not be permitted. Any decision made by the Planning
Services Division regarding such an event may be appealed to the Planning Commission as a`Reports
and Recommendations' item. '
3. That the total maximum enrollment for the private school (Kindergarten to 8th Grade) shall be 340
students. The maximum enrollment of the pre-school shall be 48 students.
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4. That no portable signs shall be utilized to advertise the church.
5. That any additional signs shall be submitted to the Planning Services Division for review and approvaL
, Any'decision by staff regarding signs may be appealed to the Planning Commission as a`Reports and
Recommendations' item.
6. 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.
7. That at no time shall there be any outdoor storage on the site.
8. That the on-site landscaping and irrigation system shall be maintained in compliance with City
standards.
9. That plans shall be submitted to the City Traffic and Transportation Manager for his review and
approval'showing conformance with the currenf 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.
10. That gates shall not be installed across any driveway in a manner which may adversely affect vehicular
traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard
Plan No. 475 and shall be subject to review and approval by the City. Traffic and Transportation
Manager.
11. That if required to provide electrical service to the property, the legal property owner shall provide the
City of Anaheim with an easement for electrical service lines to be determined as electrical design is
completed. Said easement shall be submitted to the City of Anaheim prior to connection of electrical
service.
12. That any required relocation of City electrical facilities shall be at the developer's expense. Landscape
and/or hardscape screening of all pad-mounted equipment shall be required and shall be shown on
plans submitted for building permits.
13. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with
said Department. Said storage area(s) shall be designed, located and screened so as not to be readily
identifiable from adjacent streets, or highways or adjacent or nearby properties. The waffs of the
storage area(s) shall be protected from graffiti opportunities by the use of plants such as minimum one
(1) gallon sized clinging vines planted on maximum three (3) foof centers or tall shrubbery. Said
information shall be specifically shown on the plans submitted for building permits.
14. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to
the Public Works Department, Streets and Sanitation Division, for review and approvaL
15. That an on-site trash truck turn-around area shall be provided in accordance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets
and Sanitation Division. Said turn-around area shall be specifically shown on the plans submitted for
building permits.
16. That the water backflow equipment shall be above ground and located outside the required street
setback area, and fully screened from all public streets. Any other large water system equipment shall
be installed to the satisfaction of the Water Engineering Division in either underground vaults or
outside the required street setback area in a manner fully screened from all public streets. Said
information shall be specifically shown on plans submitted to the Water Engineering and Cross
Connection Inspector for review and approvaL
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17. 'fhat the developer/owner shall submit a set of improvement plans to the Public Utilities Water _
Engineering Division for review and approval to determine the conditions necessary for providing water
service to theproject.
18. That the locations for future above-ground utility devices including, but notJimited to, electrical
transformers, waterbackflow devices, gas, communications and cable devices, etc., shall be shown on
the plans submitted for building permits. Such plans shall also identify the specific screening treatment
'of each device (i.e., fandscape screening, color of walls, materials, identifiers, access points, etc ) and
shall be subject to review and approval by the appropriate City departments.
19. That prior to submittal of the water improvement plans, the developer/owner shall submit a water
system master plan, including a hydraulic distribution network analysis, to the Public UtilitiesWater
Engineering Division for review and approval. The master plan shall demonstrate the adequacy of the -
proposed on-site water system tomeet the project's water demands and fire protection requirements.
20. That prior to application for water meters or fire lines or submitting the water improvement plans for
approval, the developer/owner shall submit an estimate of the maximum fire flow rate and the average
day, maximum day and peak hour water demands for this project to the Public Utilities Department,
Water Engineering Division. This information will be used to determine the adeguacy of the existing
water system to provide for #he estimated water demands. Any off-site water system improvements
required to serve the project shall be installed in accordance with Rule Na 15A.6 of the Water Utility
Rates, Rules, and Regulations.
21. Thatbecause this project has landscaping areas exceeding two thousand five hundred (2,500) square
feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 (Landscape Water
Efficiency) of Anaheim Municipal Code and Ordinance No. 5349. Said information shall be specifically
shown on the plans submitted for building permits. '
22. That the church sanctuary and the fellowship hall shall not be used simultaneously for assembly'use.
23. 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 8, and as conditioned herein.
24. 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. 1, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21
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.
25. That prior to final building and zoning inspections, Condition No. 23, above mentioned shall be
complied with.
26. 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. Approvat 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 Planning Commission does hereby find and
determine that adoption of #his Resolution is expressly predicated upon applicant's 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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BE 1T FURTHER RESOLVED that the applicant is responsible for paying all charges refated
to the processing of this discretionary case application within 7 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
December 13, 2004. Said resolution is subject to the appeal provisions orth in Chapter 18.60, "Zoning
Provisions = General" of the Anaheim Municipal Code pertaining t eal rocedures ay be replaced
by a City Council Resolution in the event of an appeaL a
CHAIRMA , AN EIM PLANNING COMMISSION
ATT T:
~
SENIOR CRETARY, ANAHEIM PLANNWG COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM ) ;
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on December 13, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, ROMERO, VELAZQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: O'CONNELL
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
; 20~ 4~
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION