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' RESOLUTION NO. PC2005-25
A RESOLUTION OF THE ANAHEIMPLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2004-04940 BE GRANTED
(1521 AND 1531 EAST LINCOLN AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition #or
Conditional Use Permit for certain real, property situated in the City of Anaheim, County of Orange, State
of California, described as: :
LOT 6 OF TRACT NO. 1428, lN 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.
PARCEL 1: THAT CERTAW REAL PROPERTY SITUATED JN THE CITY OF'
ANAHEIM, COUNTY OF ORANGE, STATE OF--CAUFORNIA DESCRIBED AS
FOLLOWS:
THAT PORTION OF LOT 5 OF ANAHEIM EXTENSION AS SHOWN ON A MAP
MADE BY WM. HAMEL AND FILED FOR RECORD IN THE OFFICE OF THE
COUNTY RECORDER OF LOS ANGELES GOUNTY, CALIFORNIA, DESCRIBED
ASFOLLOWS: '
BEGII~ING AT THE INTERSECTION OF THE CENTERLINE OF EAST CENTER
STREET WITH THE SOUTHERLY PROCONGATION OF THE EASTERLY LINE.OF '
LOT 6 OF TRACT 1428 AS SHOWN ON A MAP RECORDED IN BOOK 47, PAGES
8 AND 9 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
` CALIFORNIA; THENCE NORTHERLY 12° 14' 00" WESTERLY ALONG SAID
SOUTHERLY PROLONGAT10iV AND SAID EASTERLY LINE AND ITS
NORTHERLY PROLONGATION 411.90 FEET TO THE SOUTHWESTERLY
CORNER OF LOT 80 OF SAID TRACT NO. 1428, THENCE NORTH 75° 01' 00"
EAST ALONG THE SOUTHERLY LINE OF SAID LOT 80 AND ITS EASTERLY
PROLONGATION TO THE NORTHWESTERLY CORNER OF LAND DESCRIBED :
IN A DEED TO HERBERT L. ACTON AND OTHERS, RECORDED SEPTEMBER 8,
1947 IN BOOK 1535, PAGE 457 OF OFFICIAL RECORDS; THENCE SOUTH 14°
43' 00" EAST ALONG THE WESTERLY LINE OF SAID LAND OF HERBERT L.
ACTON TO THE CENTERLINE OF SAID EAST CENTER STREET; THENCE SOTH
74° 30' 00° WEST 139.64 FEET TO THE POINT OF BEGINNING. EXCEPTING
THEREFROM THAT PORTION LYING WITHIN SAID EAST CENTER STREET AS
THE SAME EXISTING ON FEBRUARY 20, 1945.
PARCEL 2: A ONE-HALF UNDIVIDED INTEREST IN AND TO A PORTION OF
LOT 5 AND 6 OF ANAHEIM EXTENSION AS SHOWN ON A MAP OF SURVEY
MADE BY WM. HAMEL, SIGNED AND ACKNOWLEDGED BY ALFRED
ROBINSON, TRUSTEE, ON DECEMBER 11, 1868 AND ON FILE W THE OFFICE
OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
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COMMENCING AT A POINT' ON THE CENTERLINE OF CENTER STREET AS
SHOWN ON SAID MAP, SOUTH 74° 30' 00" WEST ALONG"SAID CENTERLINE, A
DISTANCE' OF 105 FEET FROM THE INTERSECTION OF SAID CENTERLINE ` :
WITH THE SOUTHERLY EX?ENSION OF THE WESTERLY LINE OF THE TRACT
OF LAND CONVEYED BY ETHEL' MARIANA HENDREN TO FRANK H LENARD
AND WIFE BY DEED RECORDED MARCH 10, 1947; IN BOOK 1492, ATPAGE 144
OF OFFICIAL RECORDS, W THE OFFICE OF THE COUNTY RECORDER OF '
SA1D ORANGE COUNTY, THENCE SOllTH 74° 30' 00" WEST ALONG SAID
CENTERLINE OF CENTER STREET 100 FEET; THENCE NORTH 14° 43' -00"
WEST PARALLEL WfTH THE WESTERLY LINE OF ' SA{D TRACT OF LAND
CUNVEYED TO FRANK H. LENARD AND WIFE BY DEED ABOVE MENTIONED
AND ITS SOUTHERLY EXTENSION OF SAME TO AN 1NTERSECTION W1TH THE
, WESTERLY PROLONGATION OF THE NORTH LINE OF SAID TRACT OF LAND
CONVEYED TO FRANK H. LENARD AND WI~E BY DEED ABOVE MENTIONED;
THENCE NORTH 75° 01' 00"'EAST ACONG SAID PROLONGED LINE TO AN
INTERSECTION WiTH A LINE DRAWN NORTH 14° 43' -00" WEST PARALLEL
WITH THE WESTERLY LINE OF SAID TRACT OF LAND CONVEYED TO FRANK
H. LENARD AND WIFE BY DEED ABOVE MENTIONED FROM THE POINT OF
BEGINNtNG; THENCE SOUTH 14° 43' 00" EAST ALONG SAID' PARALLEL LINE
AND THE SOUTHERLY EXTENSION THEREOF TO 7HE POINT OF BEGINNING.
EXCEPTING THEREFROM THE EASTERLY 3.50 FEET l'HEREOF; ALSO
EXCEPTING THEREFROM THAT PORTION OF SAID LAND WITHIN THE LINES
OF CEN7ER STREET.
WHEREAS, the Anaheim Planning Commission did hold a pubiic hearing at the Civic
Center in the City of Anaheim on February 7, 2005, at 2:00 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
Cade, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed
subdivision and to investigate and make findings and recommendations in connection therewith; "
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 use is properly one for which a conditional use permit is authorized by Anaheim
Municipaf under authority of Code Section 18.08.030.0402 and to retain an existing church within an
existing single-family residence with waiver of the following:
(a) SECTION N0.18.40.040.040
(b) SECTION NO. 18.42.040.010
Minimum setback for institutional uses
abuttina a residentiaf zone bounda~r r
(15-foot wide setback required; 5 feet
existing adjacent to the building and 3
feet adjacent to the parking area)
Minimum number ofparkinq spaces
(27 required; 20 existing and proposed,
and recommended for approval by
the Traffic and Transportation Manager)
2. That waiver (a) for minimum setback for institutional uses abutting a residential zone
boundary is hereby approved based upon findings by the Commission that the irregular shape and
narrow width of the property makes compliance with the required setback adjacent to the single family
residential zone boundary difficult and the application does not involve new construction but uses an
existing residential structure located 5 feet from the property line that has been used for commercial
purposes since the early 1960's.
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3. That waiver (b) minimum number of parking spaces is hereby approved based upon the
parking study which indicates that peak parking demand for off-street parking spaces is substantially
lower with than the number of spaces required by Code and that the hours of operation of the church do
not conflict with those of the commercial business (Glass Doctor) upon which church patrons intend to ~
park.
4. 'fhat 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
because the commercial parking lot has more than adequate parking to accommodate both the church
and commercial'use during peak parking demands since the church and commercial use will not operate
at the same time. ,
5. That the parking waiver, under the conditions imposed, will not increase the demand for
parking spaces upon adjacent private property in the immediate vicinity of the proposed use. The project
parking lot is physically separated from other residential devefopments and the members of the church
would be parking in the commercial parking lot.
6. That the parking waiver, under the conditions imposed, will not increase #raffic congestion
within the off-street parking areas or lots provided for such use. That traffic and parking congestion will
not occur because the'church and commercial use would operate at different times.
7. That the parking'waiver, under the conditions imposed, will not impede vehicular'ingress to or
egress from adjacent properties or upon the public streets in the immediate vicinity of the proposed use
because the proposed church is physically separated from the adjacent private properties.
8. That the proposed use is properly one for which a conditional use permit is authorized by the
Zoning Code.
9: That the proposed use as conditioned herein will not adversely affect the adjoining land 'uses
and the growth and development of the area in which it is proposed to be located because of the hours of
operation as conditioned herein and the adequate parking provided on the adjoining commercial property.
10. That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area nor to the public
health and safety.
11. That no one 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 Planning
Commission has reviewed the proposal to retain a church with waivers of minimum setback for
institutional uses abutting a residential zone boundary and 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 1he environment.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
grant subject Petition for Conditional Use Permit, upan the following conditions which are hereby fiound 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:
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1. 'That the hours of operation for the church shall be limited to Sunday services from 11 a.m. to 12:30
p.m., and 6 p.m. to 7:3Q p.m., Wednesdays from 7:30 p.m. to 8;30 p.m., and weeknights from 6 p.m.
to 10 p.m.
2. That the number of persons in the congregation at any one time that are driving age (sixteen (16)
years of age and over) shall be limited to 30 persons. If the number of such congregates of driving
age exceeds 30 members, at any one time, the applicant shall then submit a parking management
plan to the Traffic and Transportation Manager for review and approval at a noticed public hearing.
3. That no outdoor services shall be permitted. All services shall be conducted within the building at all
times.
4. That gates shall not be installed across any driveway in a manner which may adversely affect
Vehicular traffic in the adjacentpublic streets. Installation of any gates shall conform to Engineering
Standard Plan No. 475 and shall be subject to the review and approval of the City Traffic and `
Transportation Manager. -- '
5. 7hat plans shall 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 and
470 pertaining,to parking standards and driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said plans.
6. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
7. That trash barrels for the church property shall be stored out of public view.
8. That a Burglar/Robbery Alarm permit application, Form APD 515 shall be obtained from the Police
Department and submitted in a complete form.
9. That a Fire Emergency Listing Card; Form APD-281 shall be obtained from the Police Department
and submitted in a complete form.
10. That subject property shall be developed 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 Exhibits Nos. 1, 2 and 3, and as conditioned herein.
11. That within sixty (60) days from the date of this resolution, Condition Nos. 5, 8, 9, and 11 above-
mentioned shall be complied with. Extensions for further time to complete said conditions may be
granted in accordance with Section 18.40.040.040 and 18.42.040.010 of the Anaheim Municipal
Code.
12. That at 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 the Anaheim Planning Commission does hereby find
and determine that adoption of this Resolution is expressly predicated upon the 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.
BE IT FURTHER RESOLVED that the applicant 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 or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay
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aU charges shall result in delays in the issuance ofrequired permits or the revocation of the approval of
this application.
THEFOREGOING RESOLUTION was adopted at thePlanning Commission meeting of
February 7, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60,
`"Procedures" of the Anaheim Municipal Code pertaining #o appeal pro res a replaced by a
City Council Resolution in the event of an appeaL
CHAIRM ,ANAHEIM PLANNING COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CAUFORNIA )
COUNTY OF ORANGE ) ss.
CITYOFANAHEIM )
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 February 7, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, PEREZ, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ROMERO
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2005. ~~~~_ ~~~; .
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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