Resolution-PC 2007-21• •
RESOLUTION N0. PC2007-21
A RESOLUTION OF THE ANAMEIM PLANNING COMMISSION
THAT PETITION fOR CONDITIONAL USE PERMIT Np.2007-05184 BE GRANTED
` (1450 EAST LA PALMA AVENU~)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real prqpertysituated in the City of Anaheim, County of Orange, $tate of California,
described as: , _
TMATPORTION OF LOT TWO OF TRACT NO: 153, AS SMOWN ON A MAR'
F~ECORDED IN BOOK 11;'PAGE 46 OF, MISCELLANEOUS MABS, RECORDS OF
ORANGE COUNTY,'CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING ATTHE INTERSECTION OF THE NORTMWESTERLY PRpLONGATION
OF THE WEST LIN~ OF SAIDIOT TWO WITHTME CENTER LINE OF LA PALMA
AVENUE (FORMERLY NORTH STREET), AS SHOWN ON SAIp MAP; THENCE _
SOUTH 89° 50' 3Q" EAST ALONG THE CENTER LINE OF SAIp LA PALMA AVENUE, -
A qISTANCE OF 399.85 FEET; TMENCE SOUTH 15° 08` 30" EAST 352,96 FEET;
TMENCE NORTH 800 43' 15" EAST 197.48 FEET TO THE WESTERLY LINE OF
LANp QESCRIBED W DEED TO JAMES WETFON AND WIFE, RECORDEQ APRIL
10th; 19281N ~OOK 148, PAGE 389 qF OFFICIAL RECORDS; TMENCE"SOUTH 16°
41' 50" EAST 377.96 FEET ALONG SAID WESTERLY LINE TO THE SpUTH LINE'pF
SAID LOT TWO; THENCE $OUTM 740 13' 30" WEST 564,80 FEET TO THE
SOUTHWEST CORNER OF SAID LOT TWO; THENCE NORTH 17°
01' 00" W~ST 86 1,42 FEET TO THE POINT OF BEGINNING.
WMEREAS, the Planning Commission did hold a public hearing at the Civic Center inthe
City of AnaMeim on March 19; 2007, 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 6ehalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the proposed request to permit two modular buildings for classrooms at an existing
parochial school is properly one for which a conditional use permit is authorized by Anaheim Municipal Code
Section 18.14.030.080 (Temporary Modular Units) with the following waiver:
SECTION NO. 18.42.040.010 Minimum number of park~q spaces
' 424 required; 335 proposed)
2. That the parking waiver is hereby approved based upon a parking demand st~dy prepared
by Rafiq & Associates, the City's Traffic and Parking Consultant, providing evidence that adequate parking
exists on the property for the existing church and expanded school facility.
~. That the parking waiver, under the conditions imposed, if any, will not cause fewer off-street
parking spaces to be provided for the church, school 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, school 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 (269 spaces needed and 335 spaces proposed).
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4.' That the pa~king waiver, under the conditions imposed, if any, will not increase traffic
congestion and will not increase the demantl ~nd'competition for parking spaces upon the publi~ streets in
fhe immediate vicinity of the use because the church and school will have adequate parking to accommodate
the project's peak parking demands. -
5. That the parking waiver, under the conditions imposed, will not increase the derr~and 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. _
6. That the parking waiver, under the conditions imposed if any; will not impede vehicular
- ingress to br egress from adjacent properties Upon the public streets in the immediate vicinity pf the
proposed use because the project site is physically separated from adjacent private properties. Furthermore,
it has been determined by the parking study that adeq~ate on-site parking spaces are being provided. :
7. Thaf tMe use will not adversely affect the adjoining land uses or the growth and development
of #he 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;
8. That the granting of the conditional use permit 4nder the conditions imposed, if any; will not '
be detrimental tp the health and safety. of the citizens of the City of Anaheim.
~. That a person spoke with concerns pertaining to the subject site. That no one indicated their
presence at said public hearing in opposition; and that no correspondence was received in oppositior~ to the
subject petition.
CAUFORNIA ENVIRONMENTAL QUALIT1r ACT FINDING: That the Anaheim Planning
Commission has reviewed the~proposal to permit two modular units fo'r classroom use; and does hereby
approve the Negative beclaration upon finding that the declaration reflects the independent judgment of the
lead agency and that it has'considered the Negative Declaration together with any commenfs 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.
NQW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Gommission doe.s
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 tMe
safety and general welfare of the Citizens of the City of Anaheim:
1. That church staff shall ensure that all parking lots are sufficiently illuminated, monitor the parking lots
to ensure that congregants are parking in marked stalls and direct vehicles to park on-site rather
than within the surrounding neighborhoods.
2. That any proposetl parking loi lighting shall be limited to a maximum height of 12 feet and directed
away from the adjacent single-family residences to the west.
3. 7hat the school be limited to a total of seventeen (17) classrooms. Said information shall be
specifically shown on plans submitted for building permits.
4. That aU requests for new water services or fire lines, as well as any modifications, relocations, or
abandonmenYs pf existing water services and fire lines, shall be coordinated through Water
Engineering Division of the Anaheim Public Utilities Department. ,
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5. That any required relocation of City electrical facilities shaq be at the developer's expense:
6. That the legal owner of subject property sMall provide the City of Anaheim with a publiC utilities
` easement (dimensions will vary with electrical design) along/across high voltage lines, low voltage
iines crossing private propert~ and around all pad mounted transformers, switches capacitors, etc.
$aid easement shall be submitted to the City of Anaheim prior to connectior~ of electrical service.
Z. 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. Flans shall also identify the,specific screening treatments of
each device (i.e. landscape screening, color pf walls,'materials, identifiers, access points, etc.).
~ ~_ '~~_ ns~the followinq conditions shalfbe aomplie,.,,_, d with:
Prior to final buUdina antl zonin ~nspectio
8. That the appVicant shaN obtain any necessary building permits and shall obtain Building qivision <
clearance far the modular units.
_
9. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City qf Anaheim by the applicant'and which plans are on file with the Planning
' Department marked Exhibit Nos.1 and 2, and as conditioned herein. :
General Conditions:
10. That separate services and/or events shall not be held simultaneously within the sanctuary and '
assembly hal{ resulting in an increase in parking demand.
11. That this school and religious institution shall operate consistent with assumptions contained in the
approved parking study. If at any such time the operational characteristics of the cMurch change, a
detailed description pf 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 be
provided 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 conditionaf use permit
shall be submitted to the Planning Services Division for approval by the Planning Commission.
12. That the property shalf be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash ar debris, and removal of graffiti within twenty-
four (24) hours from the time of discovery.
13. 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.
14. That timing for compliance with conditions of approval may be amended by the Planning Director
upon a showing of good cause provided (i) equivalent timing is established that satisfies the original
intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal
Code and (iii) the applicant has demonstrated significant progress toward establishment of the 4se or
approved development
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 deciared
invalid or unenforceable by the ~nal 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 related
to the processing of this discretionary case application within 15 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 iss~ance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 19, 2007: Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning '
Provisions = General" of the Anaheim Municipal Cotle pertaining to a pe edures and may be replaced
by a City Council Resolution 'in the event of an appeaL :
CHAIRMAN, ANAHEIMPLANNING COMMISSION '
ATTEST:
i~%Ze~ ' '
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
Meld on March 19, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSE~, FLORES, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 5T~ day of
1 ~ , 2007.
~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION