Resolution-PC 2008-73RESOLUTION NO. PC2008-73
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION '
APPROVING A NEGATIVE DECLARATION AND
APPROVING CONDITIONAL USE PERMIT NO. 2008-05322 WITH WAIVER OF
MINIMC7M Ni JMBER OF PARiCING SPACES
(2536 WEST WOODLAND DRIVE)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition
for Conditional Use Permit for a churcl~ with an off-site parking area on certain real property
situated in the City ofAnaheim, County of Orange, State of California, shown on Exliibit "A",
attached hereto and incorporated herein by this reference.
WHEREAS, Yhe property proposed for the church is developed wit6 an industrial
building loaated in the Industrial zone, the properYies to be used for off-site parking are improved
with a technical college and a research and development Fimi and are also within the I zone and
the Anaheim General Plan designates tliese properties for Industrial land uses; and
WHEREAS, tl~e proposed request to perniit a church includes waiver of the
following:
SECTION 18.42.040.010 Minimum required parl<ing spaces.
(188 spaces required; 77 spaces proposed
on-site and 162 spaces proposed off-site)
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on August 4, 2008, at 230 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
condiYional use permit and to investigate and malce findings and recommendations in connection
tlierewitli; 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 detennine the following facts:
1. ThaC the churcU in the Industrial (~ zone is properly one for which a conditional
use permit is authorized by Anahei~n Municipal Code Section 18.10.030.040 (Community and
Religious Assembly).
2. That tlie cl~urch would not adversely affect the adjoining industrial land uses and
tlie growtli and development of the area in which it tis proposed to be located because all
activities would occur i3lside the building.
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3. That the size and sliape of the siCe far the church is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area nor to the
health, safety and general welfare of the public because all activities would be limited to the
inside of tlie building.
4. That the variance will not cause Pewer off-street parking spaces to be provided for
the proposed church than the number of spaces necessary to accommodate all vehicles for church
congregants because additional off-street parking would be provided at 1200 North Magnolia
Avenue and 2544 West Woodland Drive such that more parking than is required by Code would
be available to the church.
5. That the results of tUe parking abservations indicaYe that tl~e businesses located at
1200 North Magnolia Avenue and 2544 West Woodland Drive do not utilize Yheir respective
parking lots during Yhe church's peak operating hours on Sundays.
6. TUat tl~e traffic generated by the church would not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area because
Woodland Drive provide adequate stacking such that vehicles would not back up onto Magnolia
Avenue.
7. That no one indicated their presence aC said public hearing in opposition; and t1iaY
no correspotldence was received in opposition to the subject petitioil.
WHEREAS, fhe Anaheim Planning Commission has reviewed the proposal and
does hereby find that the Negative Declaration is adequate to serve as tl~e required environmental
documentation in connecYion wiYli Yhis request.
NOW, THEREFORE, BE IT RESOLVED that the Analieim Planning
Commission for the reasons hereinabove stated does l~ereby approve Conditional Use Permit No.
2008-05322 subject to the following conditions of approval described in Exhibit "B" attached
hereto and incorporated by this reference which are ]iereby found to be a necessary prerequisite
to the proposed use of the subject property in order to preserve the l~ealth, safety and general
welfare of Yhe Citizens of tlle City of Anaheim.
BE IT FURTHER RESOLVED that tl~is permit is approved without limitations
on the duraYion of the use. Amendments, modifications and revocations of this permit may be
processed in accordance witl~ Chapters 18.60.190 (Amendment of Permit Approval) and
18.60.200 (City-IniCiated Revocation or ModificaCion of Pennits) of the Anaheim Municipal
Code.
BE IT FURTHER RESOLVED that tlie Anaheim Planning Commissaan does
hereUy find and determine khat adoption of this Resolution is expressly predicated upon
applieant's compliance witli each and all of tl~e 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 competentjurisdicYion, tl~en this Resoliition, and any approvals herein contained,
sl~all be deemed mill and void.
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BE IT FURTHER RESOLVED thaY the applicant is responsible for paying all
charges related to the processing of tliis discretionary case application within 15 days of the
issuance oPthe final invoice or prior to tlie issuance ofbuilding permits for this project,
whichever oceurs first. Failiire to pay all charges shall result in delays in the issuance of required
perntits or the revocation of the approval of this application. °
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of August 4, 2008. Said resolution is subject to Uie appeal provisions set fortl~ in
Chapter 18.6Q "Zoning Provisions - General" of tlie Anahei~n Municipal Code pertaining to
appeal procedures and may be replaced by a CiYy Council Resolution in the event of an appeal.
~`
CHAIRMAIV~ Ai EIM PL , COMMISSION
A
(/~-f~`~ ~
SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COLINTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim Plarviing Commission, do
hereby cei~tify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
Planning Commission Ueld on August 4, 2008, by the following vote oFthe members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAICI,
RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
G
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
Augusf, 2008.
SECRETARY, ANAHEIM PLANNING COMMISSION
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August 4, 2008
Proposed Church Site
0 Proposed Off-Site Parking
Conditional Use Permit No. 2008-05322
Proposed Church Site - 2536 West Woodland Drive f~:T" w;~aE~°~-
Proposed Off-Site Parking - 2544 West Woodland Drive and 1200 North Magnolia Avenue
ios~ol
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Source: Recorded Trect Maps andlor City GIS.
Please note the accuracy is +/- (wo to Me feel.
EXHIBIT "B"
CONDTTIONAL USE PERMIT NO. 2008-05322
No. Conditions of Approval Responsible•for
Monitorin
PRIOR T07SSUANCE OF A B UILDING PERMIT, COMMENCEMENT OF USE OR "
ONE (1) YEAR FROM THE DATE OF THIS RESOL UTIDN, WHICHEVER OCCURS
FIRST
1 That all property used for off-site parking shall be imder Planning
agreement approved as to fonn by the City Attorney. The CiYy Attorney
agreement shall be recorded in the Office of the County
Recorder, and a recorded copy Fled witl~ the Planning
Department and, furtl~er, sl~all specify the number and
location of 1he off site parking spaces and assure that the
spaces sl~all Ue accessible and available aC all times for
parlcing ii~ conjunction with the use for which khe parking
spaces are required.
2 That rooftop address numbers for the police helicopter Planning
shail be painted in a contrasting color to the roofing Police
material. NiunUers should be four inches in height and
two inches wide.
3 Tl~at the bcisiness shall be equipped witli an alann system Police
(silenY or audible). Said information shall be shown on
plans submiYted For buildu~g permits.
4 That fire lanes shall be posted "No Parking Any Time." Traffic Engineering
Said inFormation shall be shown on plans submitted for
building perniiYs.
5 That tlle subject property shall be developed substantially Planning
in accordance with the plans and specifications submitted
Yo tl~e City of Analieim by the applicanY and whicli plans
are on file with fhe Planning Department Exhibit Nos. 1
through 3 and as c~nditioned herein.
6 TUat the applicant shall file Emergency Listing Card, Police
Fonn APD-281, witli the Polioe Department, available at
the Police Department &ont coimter,
7 Tl~at tl~e applicant shall complete a BurglaryBobbery Police
Alarm Permit applicaYion, Fonn APD 516, and ratum it to
the Potice Department prior to initial alana~ activation.
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GENERAL CONDITIONS
8 That churcl~ services sl~all be limited to weel<etzds and Planning
holidays. Activities shall be limited to office use from
Monday through Friday, 8 am. to 5 p.m.
9 Tl~at any momiment sign sl~all be locaCed outside of any Planning
sight distance triangle and the ultimate right-of-way. Said Public Works
infomzation sliall be shown on plans submitfed for sign
permits.
10 That ongoing during Uusiness operations, no parlcing area Traffic E~~gineering
shall Ue fenced off or otherwise enclosed for outdoor
storage areas.
11 Tl~at all churcla activities shall be condLtcted indoors. Planning
12 Tltat any amendment to, or termination of, the recorded Planning
parking agreements sliall require tlae prior written consent City AtYomey
of the City. Alternative parking must be acquired to
provide Code required parking.
13 That zpproval of tltis application constituYes approval of Planning
the proposed request only to the extent that it complies
with Uie Anaheim Municipal Zoning Code and any other
applicable City, State and Federai regulations. Approval
does not include any action or findings as to compliance
or approval of the request regarding any oYlier applacable
ordinance, regulation or reqciirement.
14 Tl~at extensioi~s for fiirther time Co coinplete condiYions of Planning
approval may be granted in accordance witli SecYion
18.60.170 of the Anaheim Municipal Code.
15 That Yimiug £or compliance wifla conditions of approval Plarming
may be amended by Yhe Plaruling Director upon a
slaowing of good cause provided (i) equivalent timing is
established tl~aC saYisfies the original intent and purpose of
tl~e cQndition(s), (ii) tlie modification complies with tl~e
Anaheim Municipal Code and (iii) the applicant l~as
demonstrated signifcant progress toward establis]imenY
of the irse or approved development.
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