Resolution-PC 2005-88~ •
RESOLUTION NO. PC2005-88
A RESOLUTION OF THEANAHEIM PLANNING COMMISSION `
THAT,PETITION FOR CONDITIONAL USE PERMIT N0. 2005-04983 BE GRANTED
< (2230,WEST COLCHESTER DRIVE, SUITES 13-16) •
' WHEREAS, the Anaheim 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 California,
described as:
LOTS 1, 2, 3'AND 4 OF TRACT N0.2701, AS PER MAP RECORDED IN BOOK 115,
PAGES 5 AND 6 OF'MISCELLANEOUS MAPS, IN THE OFFICE 0F 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 June 1, 2005, at 2:OOp.m.,notice of said public hearing having been duly given as
required by law and in accordance with the provisions oftheAnaheim Municipal Code, Chapter 18.60
"Procedures'', 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 all evidence and reports offered at said hearing, does find
and determine the followingfacts:
' 1: That the use is properly one for which a conditional use permit is authorized by Anaheim
Municipal Code Section18.08.030.040.0402 to permit and retain a church in conjunction with an existing non-
conforming retai( center with waiver of the following: _
SECTIONS 18.42.040 Minimum number of qarkinq spaces. :
AND 18.08.070 (212 required; 64 existing and proposed and
recommended by the Traffic and Transportation
Manager)
2. That the parking study and site investigations indicate that peak parking demand for off-
street parking spaces provides for a 5%a to 35%a surplus of spaces for the uses on the site.
3. That the church use will not increase or compete for on-street parking because the parking
lot has adequate parking to accommodate this church and other assembly and commercial tenants
comprising this commercial center.
4. That the parking study indicates the property's parking area is sufficient to accommodate the
demand of parking generated by this assembly use and other uses on the property and therefore would not
increase the demand for parking spaces upon adjacent private property in the immediate vicinity of the site.
5. That the project will not cause increased traffic congestion within off-street parking areas of ,
the site because, based on the applicant's parking study and staff's inspections, on-site parking is only 65%-
70% occupied during peak parking demand periods during the week and 95% on the weekend.
6. That the on-site parking area has a total of three (3) access outlets. Peak traffiademands
occur on Sundays and weeknights only. No impeding of traffic access into or out of the adjacent parking lots
was observed during parking demand surveys of the project parking lot.
7. That the proposed use is properly one for which a conditional use permit is authorized by the
_ Zoning Code.
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8. Thatthe proposed use as conditioned herein will not adversely affect the adjoining land uses
and the growth and development of the area in which if is proposed to be located.
9. That the size and shape of the site for the proposed use is adequate to aliow the full
development of the use in a manner not detrimental'to the particular area nor to the health and safety.
10. That the traffic generated by the use will not impose an undue burden upan the streets and -
highways designed and improved to carry;the traffic in the area.
11.` That the granting of the 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 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.permit and retain an existing church in conjunction with a
commercial retail center 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 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. Thatthis permit shall expire on June 1, 2007.
2. Thaf the hours of operation for the church (Suites 13-16) shall be limited to the following, as stipulated
in the applicanYs letter of operation:
Sunday 10:30 am-12 pm 40 people in attendance
Sunday 7 pm- 9 pm 25 people in attendance
Tuesday 7:30 pm- 9 pm 23 people in attendance
Friday 7:30 pm- 9 pm 20 people in attendance
3. That no portable signage shalf be utifized to advertise any of the uses located on the site.
4. That no outdoor events shall be permitted.
5. That the only accessory school activity shall be Sunday school and these facilities shall not include any
private daycare, nursery, elementary, junior and/or senior high schools.
6. That the granting of the parking waiver is contingent upon operation of the uses in conformance with
the assumptions and/or conclusions relating to the operation and intensity of uses as contained in the
applicant's parking demand study that formed the basis for approval of said waiver. Exceeding,
violating, intensifying or otherwise deviating from any of said assumptions and/or conclusions, as
contained in the parking demand study, shall be deemed a violation of#he expressed conditions
imposed upon said waiver which shall subject this to termination or modification pursuant to the
provisions of Sections 18.60 of the Anaheim Municipal Code.
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7. That #he following items observed at staff's physical inspection on October 14, 2004, shall be
addressed within a period of sixty (60) days. The`appropriate permits shall be obtained for any
- necessary work as follows
• Provide address numbers on front of building. CFC Section 901.4.4
• The owner shall hire a licensed architect to 1) conduct a comprehensive facility investigation; 2)
re are accurate "as-builY' lans to reflect the existin tenant improvements and obtain permits
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for items indicated befow; 3}'modify the plans in order to fully comply with the applicable codes;
and 4) submit new "Tenant ImprovemenY' plans for permits and inspections. The owner is ,
required to hire a licensed architect to conducf a comprehensive facility investigation. A licensed
architect shall prepare the plans because they involve "Assembl~' occupancies (potential of
increased risk for fire related injuries). Change of Occupancy from B to A3' is required if
occupancy exceeds 49.
• Interior walls constructed without permits.
• Opening in masonry,wall on south side of the tenant spacefequires review and approval.
• Upgrade restrooms, exit doors, and new counter top for handicap accessibility.
• Mechanical, electrical, plumbing works{electrical fixtures; outlets,,a/c distributions, gas, water .
line, sewer cleanout at the middle of pavement, etc.) require permits. ;
• Obtain approval of occupancy changefrom the Building Division (before occupancy may
, exceed 49).
8. , That the following items shall be addressed immediately:
• Provide two 2A1 OBC fire extinguishers; serviced by a California State Licensed Company.
T"dle 19
• A flame-retardant certificate shall be provided for all drapes, or remove. CFC Section 1103.3.3.1
• Maintain proper amounts of Exit doors provided with panic hardware and they must swing
outward: CFC Section 1207.1 and 1207.2
• Remove all secondary locks, latches, or bolts from Exit doors. CFC Section 1207.3
• Remove tape from circuit breakers secured in the "On" position. CFC Section 8504.
• Remove all extension cords. CFC Section 8506.1
• Add panic hardware to gates outside. They must have panic hardware and swing outward. CFC
Section 1208.2 and 1208.4
• Install illuminated exit signs.
• Unlock gate at west side for access to the public sidewalk (gate within the 4'-6" block wall was
locked).
9. That the maximum occupancy of any assembly use shall be limited to 49 persons until such time that
plans are submitted to the Building Division and Fire Department for review and approval. Upon such
approval, the occupancy may be increased for each of the assembly use to the number of congregants
identi~ed in the parking study.
10. That there shall be no outdoor storage on site at any time; and that the existing outdoor storage
located to the rear (west) of the commercial center shall be removed.
11. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event
that it is removed, damaged, diseased and/or dead.
12. That 4-foot-high street address numbers shall be disp{ayed on the roof of the building in a color that
contrasts with the roofmaterial. The numbers shall not be visible from the streets or adjacent
properties. Said information shall be specifically shown on plans submitted for building permits.
13. That the property shall be permanently maintained in an orderly fashion by the provision of regular
landscaping maintenance, removal of trash or debris, and removal of graffiti within finrentyfour (24)
` hours from time of occurrence.
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14. That no required parking area shall 6e fenced or otherwise enclosed for outdoor storage uses.
15. That the property owneriappficant shall pay the costs of the Community Preservation Division for
quarterly inspections'for a period of two (2) years, and as often as necessary thereafter until the
subjecf property is brought into compliance, or as deemed necessaryby the City's Community
Freservation Division to gain and/or maintain compliance with'State and local statutes, ordinances,
laws'or regulations.
16. That sub}ect propertyshall 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 and 2, and as conditioned herein.
17. That within a period of sixty (60) days from the date of this resolution, Condition Nos. 7; 10, 12 and 16,
above-mentioned, shall be complied with. Extensions for further time to complete said conditions may
` be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code.
18. 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 the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and
alf of the conditions hereinabove'set forth. Should any such condition, or any part thereof, be declared `
invalid orunenforceable by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
AND 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 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
June 1, 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 maybe repl d by a City C uncil
Resolution in the event of an appeaL
' CHAIR HEIM PLANNING COMMISSION
ATTEST:' '
/rie.P~~' /~YLeY~~'`'°
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION