Resolution-PC 2006-103~ ~
RESOLUTION NO. PC2006-103
A RESOWTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0: 2006-05144 BE GRANTED
(1546 EAST LA PALMA AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verifiedPetition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State ofiCalifornia,
_ described as:
THAT PORTION OF LOT 3 OF THE ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE,' STATE OF CALIFORNIA, AS SHOWN ON :A MAP OF SURVEY MADE
BY WILLIAM HAMEL AND FILED IN THE OFFICE OF THE COUNTY RECORDER OF LOS
ANGELES COUNTY, CAUFORNIA, A COPY OF: WHICH `IS SHOWN IN BOOK 3, PAGE 163 ET
SEQ, ENTITLED "LOS ANGECES COUNTY MAPS" OF MISCELLANEOUS MAPS,' 1N THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 3, SAID POINT BEING SOUTH
$9° 51' 30" EAST 307.81 FEET> FROM THE NORTHWESTERLY' CORNER OF SAID LOT 3; -
THENCE ALONG SAID NORTH LINE SOUTH 89° 51' 30" EAST 255.36 FEET; THENCE SOUTH
15° 54' 30° 'EAST 229.22 FEET TO THE NORTHEASTERLY CORNER OF THE lAND
DESCRIBED IN THE DEED TO THE ANAHEIM UNION HIGH SCHOOL DISTRICT OF ORANGE
COUNTY, RECORDED OCTOBER 31, 1960, 1N BOOK b486, PAGE 542 -0F OFFICIAL
RECORDS; THENCE SOUTH 74° 13' 33" WEST 242.20 FEET ALONG THE NORTHERLY LINE
OF SAID LAND TO THE WESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE
BRETHEREN HOME MISSION COUNCIL, INC., RECORDED JANUARY 4, 1957 W BOOK 3760
PAGE 167 OF OFFICIAL RECORDS; THENCE NORTH 16° 32' S1" WEST 299.31 FEET TO THE
POINT OF BEGINNING.
WHEREAS, the Planning.Commission did hold a public hearing at the Downtown
Community Center in the City of Anaheim on November 13, 2006, 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, 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 following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.14.030.040.0402 (Community & Religious Assembly) with the following
waivers
(a) SECTION N0.18.14.070.010
Maximum structural heiqht
30 feet permitted; 31 feet for the buildina
and 40 feet for the tower proposed;)
(b) SECTION N0.18.14.100.010
(c) SECTION NOS.18.14.100.010
AND 18.40.40.010.040
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Minimum front vard setback
(25 feet fully landscaped permitted; 3 to 16
feet landscaped proposed)
Minimum rear and side vard setback
(25 foot rear yard setback required: 3 to 10
feet proposed)
10 foot side yard setback (west) required;
4 to 10 foot proposed)
PC2006-103
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(10 foot side yard landscape setback (east);
5 foot walkway with 5 foot landscaping
proposed)
(d) SECTION NO. 18.42.040.010 Minimum number of parkinq spaces
170 required; 86 proposed)
(e) SECTION NO. 18.44.070.010 Permitted identification siqnaqe
_ _ (Deleted)
(f) SECTION N0. 18.46.110.010.010 Maximum'fence heiqht
- (3 foot high fence permitted within the front
yard setback; 6 foot high fence proposed)
2.' That the above mentioned waiver (a) is hereby approved based on the finding that a higher
height for the building addition and steeple is necessary for the architectural features to be in proportion to
the scale of #he expanded church building and that the'adjoining property to the easf and south is developed
with a non-residential use (Sycamore Junior High School); that the closest residential uses are located over
100 feet to the west (apartments) and north (residential condominiums acrossla Palma Avenue); and that :
the stricf application of the zoning code would deprive this church-developed property privileges enjoyed by
other churches in the T(Transition) zone.
3. That the above mentioned waiver (b) is hereby approved based on #he finding that the
property is unique because it is surrounded by a school which isdeveloped with no setback along La Palma
Avenue, and is irregularly shaped. The existing location of the building limits the area in which expansion
can occur and the need to provide adequate parking further limits the ability for the property,to meet the
setback requirements. Although the 25 foot wide landscaped setback is not provided there is additional
landscaping provided.
4. That the above mentioned waiver (c) is hereby approved on the basis that there are special
circumstances that apply to this property because this property abuts a school's tennis court to the east and
athletic field to the south. The property to the west is developed with an apartment complex which is
separated from the parking field by an existing block wall and the complex is a deck project with no open
living area on the ground floor adjacent to the church. In addition, the configuration:of the existing church
building limitsthe ability for the church to expand.
5. That the parking waiver (d) is hereby approved based upon a parking analysis prepared by
Justin F. Farmer Transportation Engineers and reviewed by the City's Traffic Engineer Department providing
evidence that adequate parking exists on the property for the expanded church facility on the site.
6. That the parking waiver, under the conditions imposed, if any, will not cause fewer off-street
parking spaces to be provided for the church and accessory operations than the number of such spaces
necessary to accommodate all vehicles attributable to such use under the normal and reasonable
foreseeable conditions of operation of the church and accessory operations because the parking study '
indicates that the peak parking demand for off-street parking spaces is lower than the quantity provided for
the project site 82 spaces needed and 86 spaces proposed).
7. That the parking waiver, under the conditions imposed, if any, will not increase traffic
congestion and will not increase the demand and competition for parking spaces upon the public streets in
the immediate vicinity of the use because the church expansion will have adequate parking to accommodate
the projecYs peak parking demands. '
8. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use
because as indicated in the parking study, adequate parking to accommodate the anticipated project peak
parking demand will be provided on-site.
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9. That the parking waiver, under the conditions imposed if any, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the
proposed use because the project site is physically separated from adjacent private properties. Furthermore, -
it has been determined by the parking study that adequate on-site parking spaces are being provided.
10. That the use will not adversely affect the'adjoining land uses or the growth and deVelopment
of the area in which it is proposed to be located as the;parking study has demonstrated that the site can
accommodate the combined uses on site;
11. That the above mentioned waiver (e) is hereby denied as it has been withdrawn by the
applicant. _. :
12. That the above mentioned waiver (f) pertaining to maximum fence height is hereby approved
on the basis that this property is unique due to itsJocation adjacent to a public school which creates the need
for additional fence height #o secure the property from cut-through pedestrian traffic.
13. That the granting of the conditional use permit under the conditions imposed, if any, will not
be detrimental to the health and safety of the citizens of the City of Anaheim.'-
14. That no one indicated their presence at said public hearing in opposition; and thaf no
' correspondence was received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Thafthe Planning Commission `
has reviewed the proposal to expand an existing church 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 togetherwith any comments received'during the public review process
and further finding on the basis of the initial study and any comments received thatthere 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
health and safety of the Citizens of the City of Anaheim:
1. That this religious institution shall operate consistent with assumptions contained in the approved
parking study. If at any such time the operational characteristics of the church change, a detailed
description of the operational changes shall be submitted for review by the`City's Traffic and Parking
Consultant to determine if the changes would cause fewer off-street parking spaces to beprovided _
than the number of spaces provided on site. If it is determined the expected demand is greater than
the spaces provided on site, an application for modification of the conditional use permit shall be
submitted to the Planning Services Division for approval by the Planning Commission.
2. That the hours of operation shall be limited to the following, except for special church holidays or .
special meetings:
8:30 a.m. until 11:00 p.m.; daily, with services on Sunday and meetings and social
events Monday through Saturday.
3. That this facility shall not be used as a private daycare, nursery, elementary, junior and/orsenior high :
school. Said information shall be specifically shown on plans submitted for building permits:
4. That no po~table signs shall be utilized to advertise the church.
5. 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 Report and
Recommendation' item. -
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That the property shall be permanently maintained in an orderlyfashion through the provisions of
regular landscaping maintenance, removal of trash or debris, and removal of gra~ti within twenty four
(24) hours from time of discovery.
That prior to #he issuance of a grading permit, the applicant shall submit to the Public Works
Department, Development Services Division for review and approval a Water Quality Management
Plan that:
• Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious
areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced
or "zero discharge" areas, and conserving natural areas.
• Incorporates the applicable Routine Source Control BMPs'as defined in the Drainage Area _
Management Plan.
• Incorporates Treatment Control BMPs as defined in DAMP.
• Describes the long-term operation and maintenance requirements for the Treatment Control
BMPs. ,
• Identifies the entity that will be responsible for long-term operation and maintenance of the '
Treatment Control BMPs, and describes the mechanism for funding the long-ferm operation and
maintenance of the Treatment Control BMPs. '
' That prior to issuance of a certificate of occupancy, the applicant shalL
• Demonstrate that all structural BMPs described in the Project VVQMP have been constructed and
installed in conformance with approved plans and specifications.
• Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the
Project WQMP.
• Demonstrate that an adequate number of copies of the approved Projects WQMP are available
onsite.
• Submit for review and approval by the City an Operation and Maintenance Plan for all structural
BMPs.
That prior to demolition of any existing buildings a demolition permit shall be obtained from the Building
Division.
. That prior to issuance of a building permit, the developer shall submit a grading plan to the Public
Works Department, Development Services Division and a bond shall be posted to guarantee that La
Palma Avenue is improved in accordance with Public Works Standard DetaiC 160-A. The developer
shall remove the existing driveway approaches and replace with curb, gutter, parkway landscaping and
sidewalk and also obtain a right-of-way construction permit from the Development Services Division.
The improvements shall be constructed prior to final building and zoning inspections.
. That plans shall be submitted to the City Traffic and Transportation Manager for his review and
approval in conformance with the Engineering Standard No. 115 pertaining to sight distance visibility
for any sign or wall/fence location. Said fence shall include modification of the portion of the existing
block wall that is up to six (6) feet high along the east property line along La Palma Avenue to match
the proposed fence.
12. That the locations for future above-ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on
plans submitted for building permits. Plans shall also identify the specific screening treatments of each
device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.).
13. That atl requests for new water services or fire lines, as well as any modifications, relocations, or
abandonment's of existing waterservices and fire lines, shall be coordinated through Water
Engineering Division of the Anaheim Public Utilities Department
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14. That since this project has a landscaping area exceeding 2,500 square feet; a separate irrigation meter
shalt be installed in compliance with Chapter 10.19 of the Anaheim Municipal Code. Said information
shall be specifically shown on plans submitted for building permits.
15 That all existing:water services and fire lines shall conform to current Water Service Standards
Specifications. Any water service and/or fire line thaf does not meet current standards shaU be
upgraded #or continued use if necessary or abandoned if the existing water service is no ionger
needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water
service of fire line.
16. That all backflow equipment shall be located above ground and outside of the street setback area in a
manner fully screened from all public streets. Any backflow assemblies currently installed in a vault
shall be brought up to current standards. Any other large water system equipment shall be installed to
the satisfaction of the Water Engineering Division in either underground vaults or outside of the street
setback area in a manner fully screened from all public streets and alleys. Said information shall be
specifically shown on plans and approved by the Wafer Engineering Department.
1T. That the legal owner of subject property shaff provide the City of Anaheim with a public utilities
easement (dimensions will vary with electrical design) along/across high voltage lines, low voltage
lines crossing private property and around all pad mounted transformers, switches capacitors, etc.
Said easementshall besubmitted to the City of Anaheim prior to connection of electrical service.
18: That at no time shall there be any outdoor storage on the site for the church.
19. That any required relocation of City electrical facilities shall be at the developer's expense:
20. That all air-conditioning facilities and other ground-mounted equipment shall be properly shieltled from
view and sound buffered from adjacent residential properties. Such information shall be specifically
shown on the plans submitted for building permits
21. That plans shall be submitted to the Planning Services Division for review and approval showing
22.
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.
That trash storage areas shall be provided and maintained in a location acceptable to the Public Works
Department and in accordance with approved plans on file with said Department. Said storage areas
shall be designed, located and screened'so as not to be readily identifiable from adjacent streets or
highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of
plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers
or tall shrubbery. Said information shall be specifically shown on the plans submitted for building
permits.
23. That all plumbing or other similar pipes and fixtures located on the exterior of the buildings shall be
fully screened by architectural devices and/or appropriate building materials. Said informa4ion shall be
specifically shown on the plans submitted for building permits
24. That final landscape plans shall be submitted to the Planning Services Division for review and approval
incorporating minimum 24-inch box size trees and vines along any walls. Any decision by staff may be
appealed to the Planning Commission as a Reports and Recommendations item.
25. That separate services and/or events shall not be held simuftaneously within the sanctuary and
gathering area resulting in an increase in parking demand.
26. That prior to issuance of a building permit, the City of Anaheim Combined Central Anaheim Sewer
Impact Fee shall be paid. The fee is currently $313.50/1,000 s,f.
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27. The legal property owner shall submit an application for a Subdivision Map Act Certificate of
Compliance to the Public Works Department, DeVelopment Services division. A Certificate of
Compliance'shaU be approved by the City Engineer and recorded in the Office`of the Orange County
Recorder prior to issuance of a building permit.
28. That the subject property shall be developed substantially in accordance with the plans and
specifications submitted to the City:of Anaheim by the petitioner and which plans are on file with.the
Planning Department Exhibit Nos. 1 through 14 and as conditioned herein.
29. : That gates shall not be installed across the driveways in a manner which may adversely affect>
vehicular traffic in the adjacent pu6lic street(s): Installation of any gates shall conform to Engineering
Standard Plan No. 475 and shall be subjecf to the review and approval of the City Traffic and
Transportation Manager priorto issuance of a building permit. ,
30. That prior to issuance of a building permit, or within a period ofone (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 3, 5, 10, 11, 12, 14, 15, 16, 20, 21, 22, 23,'24, 26, 27
and 29, 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.
31. That prior to issuance of a grading permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition No. 7, above-mentioned'shall be complied with:-
Extensions for further time to complete said conditions may be granted in accordance With Section
, 18.60.170 _
32. That prior to final building and zoning inspections, Condition Nos. 8, 13,'17 and 28 above-mentioned,
shall be complied with.
33. ' 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
reguiations. Approval does not include any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regu~ation 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
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 15 days of the issuance of the final invoice or
prior to the commencement of the activity or 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 13, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining e I pro d and may be replaced
by a City Council Resolution in the event of an appeal. ,
G%y~..~ .__
- CHAIR N, ANAHEIM PLANNING COMMISSION
ATTEST:
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SENIOR SECRETARY ANAHEIM PLANNING COMMISSION
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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 AnaheimPlanning Commission
held on November 13, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, fASTMAN, FAESSEL, KARAKI, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLORES, VELASQUEZ
IN WITNESS WHEREOF, I have hereunto set my hand this ~ 2~~~ day of
~r , 2006.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION _