Resolution-PC 2007-9~ ~
RESOLUTION NO. PC2007-9
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO: 2006-05167 BE GRANTED
(530 NORTH DALE AVENUE - ANAHEIM CHRISTIAN REFORMED CHURCH)
u1/HEREAS, 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:
THE WEST 310 FEET OF THE NORTH 425 FEET OF THE WEST HALF OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, IN
TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHON ON A MAP THEREOF RECORDED IN BOOK
51, PAGE 7, ET SEQ., MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on January 8, 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 that said public hearing was continued to
the January 8, 2007, Planning Commission meetings; and
WNEREAS, 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 permitted under authority of Code Section 18.14.030.040.0402
(Community & Religious Assembly) to expand an existing church with waiver of the following:
(a) SECTION NO. 18.14.100.010 Minimum Structural Setback
25-foot setback required along Crescent Avenue;
15-foot setback along Crescent Avenue proposed).
(b) SECTION N0.18.40.060.080 Reauired Dedication and lmprovement of Riqht-
of_Way
(DELETED)
2. That requested waiver (a) is hereby approved based on the existing building configuration
dictating the placement of the proposed addition to provide for an architecturally balanced classroom addition
setback 15-feet from the ultimate right-of-way; and that an existing institutional use across Dale Avenue is
developed with a similar setback.
3. That request waiver (b) is hereby denied as the waiver has been deleted.
4. That the proposed church expansion as conditioned herein would not adversely affect the
adjoining land uses and the growth and development of the area in which it is proposed to be located since
the use has been in existence since 1962 and the expansion area is consists of classrooms that are intended
to be accessory to the church.
5. That the size and shape of the site for the use is adequate to allow the full development to
permit an expansion of an existing church and will not be detrimental to the particular area or to the health
and safety as the expanded use does not require any additional parking.
6. That the traffic generated by the use will not impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area as the expanded church would not generate
additional trips from the accessory cfassrooms.
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7. That 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 and will provide a land use that is
compatible with the surrounding area.
8. 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: The it has been determined that the
proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 3(New
Construction or Conversion of Small Structures), as defined in the State CEQA Guidelines and is, therefore,
exempt from the requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petitionfor Conditional Use Permit, upon the following conditionswhich 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 prior to issuance of a building permit, the City contract for sewer improvements in Dale Avenue
and Lincoln Avenue must be rewarded.
2. That any required relocation of City electrical facilities shall be at the developer's expense.
3. That prior to issuance of a building permit, the City of Anaheim Sewer Impact Mitigation fee for the
Combined West Anaheim Area shall be paid.
4. This condition of approval was delefed at foday's public hearing.
5. That gates shall not be instaHed across any driveway in manner which may adversefy affect vehicular
traffic on adjacent public streets. Installation of any gates shall conform to Engineering Standard Plan
No. 475 and shall be subject to review and approval of the City Traffic and Transportation Manager.
6. That all pfumbing or other similar pipes and fixtures located on the exterior of the building shall be fully
screened by architectural devices and/or appropriate building materials. Said information shall be
specifically shown on the plans submitted for building permits.
7. That the applicant shall file an Emergency Listing Card, APD-281, available at the Police Department.
8. That the applicant shall post a cash payment in lieu of constructing the required street improvements to
the Public Works Department prior to issuance of a building permit.
9. That all new backflow equipment shall be located above ground outside of the street setback area in a
manner fully screened from all public streets and alleys.
10. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonments of existing water services and fire liens, shall be coordinated through Water
Engineering Division of the Anaheim Public Utilities Department.
11. This condition of approval was deleted at today's public hearing.
12. That all classroom doors shall be equipped with locks that can be locked from the inside, allowing
lockdown of those rooms in the event of criminal activity in, or around, the buifding. Said information
shall be specifically shown on the plans submitted for building permits.
13. That all classroom windows shall be left clear and unobstructed, to allow an unimpaired line of sight by
a peace officer into the interior of the classroom during school hours.
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14. 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 4, and as conditioned herein.
15. That prior to issuance of a building permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 3; 6, 7, 8, 12 and 14, above mentioned, shall be
complied with. Extensions for further time to compfete said conditions may be granted in accordance
_ with Section 18.60.170 of the Anaheim Municipal Code.
16. That prior to final building and zoning inspections Condition No. 14, above-mentioned, shall be
complied with.
17. 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 orrequirement.
18. 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 use or approved
structure.
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 ~nal judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed nufl 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 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
January 8, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to a~cedu~ay be replaced
by a City Council Resolution in the event of an appeaL
CHA{RMATQ,'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 Anaheim Planning Commission
held on January 8, 2007; by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLORES
IN WITNESS WHEREOF, I have hereunto set my hand this ~c.3 ~d day of
v. ar .2007.
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SENIOR SECRETARY, FANAHEfM PLANNING COMMISSION
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