Resolution-PC 2005-134~ ~
RESOLUTION NO. PC2005-134
A RESOLUTION OF THEANAHEIM PLANNING COMMISSION '
REINSTATING AND'APPROVING CONDITIONAL USE PERMIT N0. 2002-04640; AND
AMENDING CERTAW CONDITIONS OF AFPROVAL OF RESOLUTION NO. PC2003-8,
ADOPTED THEREWITH
(2568 WEST WOODLAND DRIVE)
WHEREAS, on January 13, 2003 the Anaheim Planning Commission, by Resolution
No. PC2003-8 approved Conditional Use Permit No. 2002-04640 to permit a church within an existing office
building with waiver of minimum number of parking spaces at 2568 West Woodland Drive, with waiver of
minimum number of parking spaces (52 spaces required; 20'spaces proposed); and
WHEREAS, said Resolution No. PC2003-8 includes the following conditiorr of approvaL•
"1. That this conditional use permit shall expire on January 13, 2005:'
WHEREAS, this property is currently developed with an industrial/office complex containing 29
buildings, the underlying zoning is "I" Industrial and the General Plan designates this property for Industrial land
uses; and
WHEREAS, the petitioner has requested reinstatement of this conditional use permit to retain a
church within an existing office building with waiver of minimum number of parking spaces pursuant to Chapter
18.60 of the Anaheim Municipal Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on September 7, 2005, at 2:30 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 "Procedures", to
hear and consider evidence for and against said proposed amendment 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 all evidence and reports offered at said hearing, does find and
determine the following facts:
1. That the church is properly one for which a conditional use permit is authorized by the Zoning -
Code. '
2. That the request to retain a church will not adversely affect the adjoining land uses and the
growth and development of the area in which it is located. '
3. That the size and shape of the site for the church is adequate to allow full development of the
use in a manner not detrimental to the particular area nor to the health and safety.
4. That the facts necessary to support each and every required showing for the original approval of
the entitlement exist; and that an inspection conducted by the Community Preservation Division of the Planning _
Department revealed that the use is operating in compliance with the conditions of approval imposed on the
original permit except for a condition pertaining to roof top address numbers which has now been completed.
5. That this conditional use permit is being exercised in a manner not detrimental to the particular
area and surrounding land uses, nor to the public peace, health, safety and general welfare.
6. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
cr\PC2005-134 -1- ' PC2005-134
Tracking No: CUP2005-05013
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CALIFORNIA ENVIRONMENTAL QUAUTY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to reinstate this permit by the modification or deletion of a condition of
approval pertaining to a time limitation (approved'on January 13, 2005, to expire on January 13, 2005) to retain
a church in an existing office building; and does hereby find that the Negative Declaration previously approved
in connection with Conditional Use Permit No. 2002-04640 is adequate to serve as the required environmental '
documentation in connection with this request upon finding that the declaration reflects the independent
judgment of the iead 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 effecf on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby
approve the'reinstatemenf of this permit and deletion of the time limitation; and further, incorporates the
conditions of approval contained in Resolution No PC2003-8 into a new resolution with the following conditions
of approvaL•
1. That the hours of operation forthe church shall be limited to the following; as stipulated to in the petitioner's
letter of operation:
Sunday services 9 a.m. to 11 p.m.
Saturday band practice: 12 noon to 2 p.m. :
Monthly Monday Board meeting: 7:30 p.m. to 9:30 p.m:
Tuesday through Friday office hours: 8 a.m. to 5 p.m.
2. That no portable signage shall be utilized to advertise the church. The permitted signage shall be limited to
one (1) wall sign; and that any additional signs shall be submitted to the Planning Commission for review
and approval as a'Reports and Recommendations" item.
3. 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 '
4. That no required parking area shall be fenced or otherwise enclosed far storage or other outdoorvses.
5. That outdoor special events shall be permitted.
6. That this project shall maintain compliance with approved plans for an of'A3" occupancy, as set forth in the
Califomia Building Code, 1998 Edition, and the Uniform Fire Code.
7. That the adult congregation at any one time shall be limited to one hundred ten (110) adults. If the number
of congregates exceeds this number at any one time, the petitioner shall submit an updated parking study
to the City Traffic and Transportation Manager for review and approval, prior to submittal to the Planning
Commission for consideration at a noticed public hearing.
8. That the property shal! 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.
9. That four (4) foot high street address numbers shall be maintained on the roof of the building in a
contrasting color to the roof material. The numbers shall not be visible to the street or adjacent and nearby
properties.
10. That the existing recorded unsubordinated covenant providing reciprocal parking for church use for a
minimum of ~fty three (53) off-site parking spaces shall be maintained as a recorded instrumenf to ensure
adequate parking for the church.
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°' 11. That subject property shall be maintained substantially in accordance with plans and specification
submitted to the CityofAnaheim by the petitioner and which plans are on file with the Planning Department
marked Exhibit Nos. 1, 2 and 3, and as conditioned herein.,
12. That the approval of this application constitutes approval of the proposed request only to the extent that it
complies with theAnaheim Municipal Zoning Code and any other applicable City, State and Federal
regulations, approval does nof include any action or findings as to compliance or approval of the request '
regarding any other applicable ordinance; regulation or requirements.
BE IT RESOLVED that the Anaheim Planning Commission does hereby find and determine that
adoption of this Resolutiorr is expressly predicated upon'applicant's compliance with each and all of the
conditionshereinabove set forth. ; Should any such condition, or any part thereof, be declared invalid or
unenforceable by the final ]udgment of any court of competent jurisdiction, then this Resolution, and any
approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the propertyowner/developer is responsible for paying all
charges related to the processing of this discretionary case application within 7;days,of the issuance of the final
invoice, prior to the issuance of building permits or commencement of activity 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
September 7, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures"
of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council
Resolution in the event of an appeal.
CHAIRMAN PRO TEMPORE, ANAHEIM PLANNING COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM PLANNING 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
September 7, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, FLORES, PEREZ, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: EASTMAN, KARAKI
IN WITNESS WHEREOF, I have hereunto set my hand this ~ r~ day of ~~ -~o ~,ar ,
2005.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION