Resolution-PC 2007-99• •
RESOLUTION N0. PC2007-99
A' RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION fOR CONDITIONAL USE PERMIT NO. 2007-05201 BE GRANTED
(1724 WEST GLENOAKS AVENUE)
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 ofCalifornia,
described as _
THE WESTERLY LOT IS 127.35 FEET OF LOT 68 OF TRACT 2517. '
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on August 20; 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, t0
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, to permit a church within a commercial retail center, is properly one
for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.040.0402
(Community and Religious Assembly) with waiver of the following provision:
(a) SECTtON NO. 18.42.040.010 Minimum number of parkinQ spaces.
(35 required; 21 proposed)
2. That the waiver pertaining to parking, under the conditions imposed will not cause fewer off-
street parking spaces to be provided for such use than the number of such spaces necessary because the
existing office use and the proposed church will have non-coincidental hours and days of operation.
3. That 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 proposal because
adequate parking will be provided on the property.
4. That the parking waiver, under the conditions imposed, will not increase traffic congestion
within the off-street parking areas or lots provided for the proposed uses because adequate parking and
circulation is provided.
5. That the proposed church, 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 because the
church will provide adequate parking for iYs uses.
6. That the size and shape of the site for the use is adequate to allow the full development of
the proposed use in a manner not detrimental to the particular area or to the health and safety.
7. That granting of this 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 an e-mai(
was received prior to the meeting' in opposition to the request.
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CALIFORNIA ENVIRONMENTAL'QUAIITY ACT FINDING:' The Planning staff has
determined that the proposed project falls within the deflnition of Categorical Exemptions, Section 15301,
Class 1(Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the
requirement to prepare additiona( environmental documentation.
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 subjecf property in order to preserve the
health and safety of the Citizens ofthe City of Anaheim:
Prior to issuance of a buildinq permit or within a period of one (1~ vear from the date of this
resolution whichever occurs first the followina conditions shal! be complied with: ~
1. That a trash storage area shall be provided and maintained in a location acceptable to the Public Works
Department. Said storage areas shall be designed,'located and screened So as not to be read'lly
identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from
graffiti opportunities by the use ofplant materials such as minimum one-gallon size clinging vines
planted on maximum three-foot centers or tall shrubbery. Said information shalf be specifically shown
on the plans submitted for building permits.
2. Thaf final landscape plans shall be submitted to the Planning Services Division for review and approvaL
Said plans shall show minimum four (4) foot wide square (excluding curb) landscaped areas at the front
end of every five (5) parking spaces and that one tree shall be provided in each planter. Groundcover
shall be planted and maintained within iandscape setbacks. The landscape material selected shall be
appropriate to the width of#he planter area. Any decision made by the Planning Services Division
regarding said plan may be appealed to the Planning Commission as a"Reports and Recommendation"
item. Such information shall be specificallyshown on the plans submitted for building permits.
Landscaping plans shall be subject to the approval by the Community Devetopment Director.
Prior to final buildinq and zonin~ inspections the followinst conditions shall be comqlied with:
3. That an Emergency Listing Card, Form APD-281 shall be completed and submitted in a completed form
to the Anaheim Police Department.
4. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the applicant and which plans are on file with the Ptanning Department
marked Exhibit Nos.1 and 2, and as conditioned herein.
General Conditions:
5. That the granting of the parking waiver is contingent upon operation of the use in conformance with the
assumptions and/or conclusions relating to the operation and intensity of use as contained in the
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 the expressed conditions imposed upon said
waiver which shall subject this conditional use permit to termination or modification pursuant to the
provisions of Chapter 18.60 Procedures of the Anaheim Municipal Code.
6. That the hours of operation shall be limited to 9 a.m. to 4 p.m. on Sundays only. Any request to modify
the hours of operation must be submitted to the Planning Department as a request for modification of
conditions of approvaL
7. That all trash generated from this commercial retail center shall be properly contained in trash bins
Jocated within approved trash enclosures. The number of bins shall be'adequate and fhe trash pick-up
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shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the
property. 'fhe Community Preservation Division of thePlanning Department shall determine tbe need
for additionai bins or additional ick-u All costs for increasin the number of bins or fre uenc of ick
p' p~ . 9 q Y p-
up shali be paid`by the business owner.
8. That theproperty shall be permanently maintained in an orderly,fashion through the provision of regular
landscaping maintenance, removai of trash or debris, and removal of graffiti within twenty-four (24)
hours from the time of discovery.
9. 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.
10. 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
development.
11. 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 ar requirement.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon 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 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
August 20, 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 appeal procedures and may be replaced
by a City Council Resolution in the event of an appeaL
1
CHAIRMAN
ATTEST:
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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ING GUMM1551VIV
PC2007-99
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STATE OF CALIFORNIA ) _
_ COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, 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 Pianning Commission
hetd on Augusf 20, 2007, by the foltowing vote of the members thereof:
AYES: ' COMMISSIONERS: AGARWAL, EASTMAN, FAESSEL, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BUFFA
IN WITNESS WHEREOF, Ihave hereunto set my hand this / U-- day of
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2007.
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` SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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