Resolution-PC 2008-16•
RESOLUTION NO. PC2008-16
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A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT N0.2007-05279
(1900-1990 CRESCENT 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 of California, described as:
PARCEL A:
PARCEL 1 OF PARCEL MAP NO 83-258, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, A5 PER MAP RECORDED
IN BOOK 188, PAGES 23 AND 24 OF PARCEL MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
PARCEL B:
ANON-EXCLUSIVE EASEMENT FOR SEWERS, STORM DRAINS, TRAFFIC
CIRCULATION, GARBAGE PICKUP, AND VEHICULAR AND PESESTRAN
ACCESS, INGRESS AND EGRESS AS SET OUT IN THE CERTAIN
DECLARATION COVENANTS, CONDITIONS AND RESTRICATIONS FOR
CRESCENT CORPORATE CENTER NORTH, RECORDED DECEMBER 17,
2003 AS INSTRUMENT NO. 03-01493592, OF OFFICIAL RECORDS.
PARCEL C:
PARCEL 2 TOGETHER WITH THAT PORTION OF PARCEL 3 OF PARCEL
MAP NO. 83-258, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 188, PAGES 23 AND
24 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF PARCEL 4 OF SAID
PARCEL MAP NO. 83-258, SAID POINT BEING ON THE EASTERLY LINE OF
SAID PARCEL 3;
THENCE ALONG SAID EASETERLY LINE OF PACEL 3, NORTH 00° 23' 13"
EAST, 46.00 FEET TO THE INTERSECTION OF A LINE PARALLEL WITH
AND 32.57 FEET SOUTHERLY OF THE NORTHERLY LINE OF SAID
PARCEL 3, SAID INTERSECTION BEING THE POINT OF BEGINNING.
THENCE TRAVERSING THE INTERIOR OF SAID PARCEL 3 THE
FOLLOWING THREE (3) COURSES:
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1) ALONG SAID PARALLEL LINE, NORTH 89° 43' 22" WEST, 33.43 FEET;
2) SOUTH 00° 16' 38" WEST, 18.53 FEET TO A LINE PARALLEL WITH AND
51.10 FEET SOUTHERLY OF SAID NORTHERLY LINE OF PARCEL 3;
3) ALONG LAST SAID PARALLEL LINE, NORHT 89° 43' 22" WEST, 284.42
FEET TO THE WESTERLY LINE OF SAID PARCEL 3;
THENCE ALONG THE WESTERLY, NORTHERLY AND EASTERLY LINES
OF SAID PARCEL 3 THE FOLLOWING THREE (3) COURSES:
1) NORTH 00° 00' 43" EAST, 51.00 FEET;
2) SOUTH 89° 43' 22" EAST, 318.15 FEET AND
3) SOUTH 00° 23' 13" WEST, 32.57 FEET TO THE POINT OF BEGINNING
SAID LAND IS SHOWN ON LOT 1 ON THAT CERTAIN LOT LINE
ADJUSTMENT NO. 577 RECORDED JULY 29, 2005 AS INSTURMENT NO.
2005000591828, OFFICIAL RECORDS.
PARCEL D:
CERTAIN NON-EXCLUSIVE EASEMENTS AS SET OUT IN THAT CERTAIN
AMENDED AND RESTATE DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR CRESCENT CORPORATE CENTER NORTH,
RECORDED DECEMBER 17, 2003 AS INSTRUMENT NO. 2003001493592, OF
OFFICIAL RECORDS.
PARCEL E:
ANON-EXCLUSNE EASEMENT AND RIGHT OF ACCESS OVER, ALONG
AND ACROSS THE EASEMENT AREA LOCATED UPON PARCEL 4 OF
PARCEL MAP NO. 83-258, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 188,
PAGES 23 AND 24 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, AS SET FORTH THEREIN TO ACCESS THE
ELECTRICAL CLOSET AS MORE PARTICULARY DESCRIBED 1N THE
EASEMENT AGREEMENT RECORDED JULY 6, 2004 AS INSTRUMENT NO.
2004000610802 OF OFFICIAL RECORDS AND AS FURTHER CONVEYED IN
A DEED RECORDED AUGUST 6, 2004 AS INSTRUMENT N0.2004000716384,
OF OFFICIAL RECORDS.
WHEREAS, Conditional Use Permit No. 2007-05279 is proposed to permit school
and daycare uses associated with a church with waiver of the following:
(a) SECTION NO. 18.42.040.010 Minimum number of parking spaces
(483 required; 314 proposed)
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WHEREAS, this property is developed with six commercial/industrial buildings
located in the Industrial zone; that the Anaheim General Plan designates the property for Industrial
land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on January 23, 2008, at 2:30 p.m., notice of said public hearing having been
duly given as required bylaw 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 request to permit school and daycare uses associated with a
church with fewer parking spaces than are required by Code is properly one for which a conditional
use permit is authorized by Anaheim Municipal Code Section Nos. 18.10.030.040.0402
(Community and Religious Assembly).
2. That the school and daycare uses will not adversely affect the adjoining land
uses or the growth and development of the area in which it is proposed to be located.
3. 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.
4. That the traffic generated by the proposed use will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area; and
5. 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.
6. That waiver (a) is hereby approved based upon an a parking demand study
prepared by Rafiq and Associates, dated October, 2007, providing evidence that adequate parking
exists on the property for the school and daycare uses.
7. That the parking waiver, under the conditions imposed, if any, will not cause
fewer off-street parking spaces to be provided for the school and daycare uses than the number of
such spaces necessary to accommodate all vehicles attributable to such use under the normal and
reasonable foreseeable conditions of operation because the parking study indicates that the ancillary
church uses will be able to provide adequate parking onsite for its uses as a daycare on weekdays, as
a religious education center on Sundays and as an adult religious education facility on weeknights.
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8. That the parking waiver, under the conditions imposed, if any, will not increase
the demand and competition for parking spaces upon the public streets in the immediate vicinity of
the use because the church will provide adequate parking and the administrator of the church will
allocate onsite spaces.
9. 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 parking demand will be provided on-site.
10. That the parking waiver, under the conditions imposed if any, will not increase
traffic congestion within the off-street parking areas or lots provided for the proposed use because
the site provides three separate accesses to the allow adequate site circulation for drop-off and pick-
up of students.
11. 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 has three access points, such that vehicles will
not block adjacent properties. Furthermore, it has been determined by the parking study that
adequate on-site parking spaces are being provided.
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; 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, with the waiver of the aforesaid
provisions of the Anaheim Municipal Code, 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:
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Responsible
COA Conditions of Approval for
Monitorin
TIMING: PRIO R TO ISSUANCE OF BUILDING PERMIT
COA1 The applicant shall submit to the Public Works Department Public Works,
Development Services Division for review and approval a final Development
Water Quality Management Plan. Services
COA2 Plans shall be submitted to the City Traffic and Transportation Public Works,
Manager for his review and approval showing circulation Traffic
patterns for Day Care traffic. Subject property shall thereupon Engineering
be developed and maintained in conformance with said plans.
COA3 Complete aBurglary/Robbery Alarm Permit application, Form Police
APD 516, and return it to the Police Department prior to initial
alarm activation.
COA4 Rooftop address numbers for the police helicopter shall be added Planning
to the roof. Minimum size 4' in height and 2' in width. The
lines of the numbers are to be a minimum of 6" thick. Numbers
should be spaced 12" to 18" apart. Numbers should be painted
or constructed in a contrasting color to the roofing material.
Numbers should face the street to which the structure is
addressed. Numbers shall not to be visible from ground level.
COAS Exterior roof access ladder should be relocated within the Planning
building's main resident tenant space.
COA6 "No Trespassing 602(k) P.C." posted at the entrances of parking Planning
lots/structures and located in other appropriate places. Signs
must be at least 2' x 1' in overall size, with white background
and black 2" lettering.
COAT All entrances to parking areas shall be posted with appropriate Planning
signs per 22658(a) C.V.C., to assist in removal of vehicles at the
property owners/managers request.
COA8 File Emergency Listing Card, Form APD-281, with the Police Police
Department, available at the Police Department front counter.
TIMING: PRIOR TO ISSUANCE OF GRADING PERMIT
COA9 The applicant shall submit to the Public Works Department Public Works
Development Services Division for review and approval a final
Water Quality Management Plan.
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Responsible
COA Conditions of Approval for
Monitorin
TIMING: ONGOING DURING OPERATION
COA10 No parking area shall be fenced off or otherwise enclosed for Public Works,
outdoor storage uses. Traffic
Engineering
COA11 Based upon the submitted parking study, plans, and letter of Planning
operation, the activities and parking shall be limited to the
following:
1. Daycare Monday-Friday from 6 a.m. to 6 p.m. with a
maximum of 100 children;
2. Adult Bible Classes Monday-Friday from 6 p.m. to 10
p.m. with a maximum of 7,656 square feet in the portion
of Building F designated on the Floor Plans;
3. Teacher Preparation (teachers only) Saturday from 7 a.m.
to 5:30 p.m. with a maximum of 200 teachers;
4. Sunday School (all groups) Sunday from 7 a.m. to 9 p.m.
with a maximum of 200 teachers. Parking Permits shall
be required with spaces allocated on-site for all teachers
with remaining spaces available by permit for driving
students. The church must provide [bus] transportation
for the remaining students.
5. The church administrator will allocate parking spaces
and regularly advise parishioners and students of parking
regulations to ensure that the uses will not increase the
demand and competition for parking spaces upon the
public streets in the immediate vicinity of the use.
TIMING: PRIO R TO FINAL B UILDING AND ZONING INSPECTION
COA12 Fire lanes shall be posted with "No Parking Any Time." Said Public
information shall be specifically shown on plans submitted for Works,
building permits. Traffic
Engineering
COA13 That the property shall be permanently maintained in an orderly Planning
fashion through the provision of regular landscaping
maintenance, removal of trash or debris, and removal of graffiti
within twenty-four (24) hours from the time of discovery.
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Responsible
COA Conditions of Approval for
Monitorin
TIMING: GENERAL CONDITIONS
COA14 That the property shall be permanently maintained in an orderly Planning
fashion through the provision of regular landscaping
maintenance, removal of trash or debris, and removal of graffiti
within twenty-four (24) hours from the time of discovery.
COA15 That subject property shall be developed substantially in Planning
accordance with plans and specifications submitted to the City of
Anaheim by project applicant and which plans are on file with
the Planning Department marked Exhibit Nos. 1 through 21 of
Conditional Use Permit No. 2007-05279, and as conditioned
herein.
COA16 That timing for compliance with conditions of approval maybe Planning
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.
COA17 That extensions for further time to complete conditions of Planning
approval maybe granted in accordance with Section 18.60.170
of the Anaheim Municipal.
COA18 That approval of this application constitutes approval of the Planning
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.
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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 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 23, 2008. 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.
CHAII~MAN~ANAHEIM I'i~,4~NNING COMMISSION
ATTEST:
u;. c,..- ~-~
SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, 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 23, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSTAINED: COMMISSIONERS: EASTMAN, FAESSEL
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 20t" day of
February, 2008.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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