2004-223
RESOLUTION NO.
2004-223
A RESOLUTION OF THE CITY COUNCil- OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 2004-04857.
WHEREAS, the City Planning Commission of the City of Anaheim did receive an
application for a conditional use permit with a waiver of certain provisions of the Anaheim
Municipal Code to permit a church within an existing residence with a separate accessory
pastor's quarters upon certain real property located within the City of Anaheim, County of
Orange, State of California, legally described as:
PARCEL 2 AS SHOWN ON PARCEL MAP RECORDED IN
BOOK 71, PAGES 23 TO 24, FILED AUGUST 6, 1975, BEING
A PORTION OF THE NORTH 1/2 OF THE NORTHEAST 1/4
OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 23, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN
THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA; and
WHEREAS, the City Planning Commission did hold a public hearing upon said
application at the City Hall in the City of Anaheim, notices of which public hearing were duly
given as required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal
Code; and
WHEREAS, said Commission, after due inspection, investigation and studies
made by itself and in its behalf and after due consideration of all evidence and reports offered at
said hearing, did adopt its Resolution No. PC2004-91 granting Conditional Use Permit No.
2004-04857; and
WHEREAS, thereafter, within the time prescribed by law, an interested party or
the City Council, on its own motion, caused the review of said Planning Commission action at a
duly noticed public hearing; and
WHEREAS, at the time and place fixed for said public hearing, the City Council
did duly hold and conduct such hearing and did give all persons interested therein an opportunity
to be heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful consideration of the
recommendations of the City Planning Commission and all evidence and reports offered at said
hearing, that:
1. The proposed use is properly one for which a conditional use permit is authorized
by the Anaheim Municipal Code.
2. The proposed use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located in that (i) the hours of church
services do not generally conflict with regular business hours of the commercial uses in the
vicinity, (ii) the hours of church operations shall not extend beyond 10:00 p.m. of any day other
than not to exceed ten (10) special church holidays per year, and (iii) a landscaped buffer shall be
maintained adjacent to the west property line to protect the condominiums with a lighting plan to
minimize light and glare.
3. The size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area nor to the
peace, health, safety and general welfare in that the applicant has agreed to limit attendance to
not more than forty (40) adults of driving age.
4. 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 for the reason set
forth in paragraph 3 above.
5. The granting of the conditional use permit under the conditions imposed will not
be detrimental to the peace, health, safety and general welfare of the citizens of the City of
Anaheim for the reasons hereinabove set forth.
AND WHEREAS, the City Council does further find, after careful consideration
of the action of the City Planning Commission and all evidence and reports offered at said public
hearing before the City Council regarding said requested waiver(s), that all of the conditions set
forth in Section 18.03.040 of the Anaheim Municipal Code are present and that said waiver(s)
should be granted, for the following reasons:
1. That there are special circumstances applicable to the property, including size,
shape, topography, location or surroundings, which do not apply to other property under identical
zoning classification in the vicinity in that the property is of irregular shape and narrow width
which differs from other property in the vicinity.
2. That, because of special circumstances shown in (1) above, strict application of
the zoning code deprives the property of privileges enjoyed by other property under identical
zoning classification in the vicinity.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim that, for the reasons hereinabove stated Conditional Use Permit No. 2004-04857 be,
and the same is hereby, granted permitting a church within an existing residence with a separate
accessory pastor's quarters on the hereinabove described real property with a waiver of the
following provisions of the Anaheim Municipal Code:
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SECTION NO. 18.04.040.040
Minimum setback for institutional uses
abutting: a residential zone boundary
(15 foot wide setback required; 6 feet
existing adjacent to the building and 6 feet
proposed adjacent to the parking area)
subject to the following conditions:
1. Deleted.
2. Deleted.
3. That the number of persons in the congregation at anyone time that are of driving
age (sixteen (16) years of age and over) shall be limited to forty (40) persons. If the number of
such congregates exceeds 40 members, at anyone time, the applicant shall then submit a parking
management plan to the Traffic and Transportation Manager for review and approval at a noticed
public hearing.
4. That church activities shall end before 10 p.m., except on special church holidays
(not exceeding ten (10) days per year).
5. That no outdoor church services shall be permitted. All services shall be
conducted within the building at all times.
6 That Building A shall only be used as a pastor's residence with no church uses
(i.e., office uses) for the church. If Building A is used for any church purposes, this Conditional
Use Permit shall be amended at a noticed public hearing to include the additional square footage
of the residence.
7. That gates shall not be installed across any driveway in a manner, which may
adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall
conform to Engineering Standard Plan No. 475 and shall be subject to the review and approval of
the City Traffic and Transportation Manager.
8. That plans shall be submitted to the City Traffic and Transportation Manager for
his review and approval showing conformance with the current version of Engineering Standard
Plan Nos. 436 and 470 pertaining to parking standards and driveway locations. Subject property
shall thereupon be developed and maintained in conformance with said plans.
9. That the driveway on Ball Road shall be reconstructed to accommodate ten (10)
foot radius curb returns in conformance with Engineering Department Standard No. 115. Said
information shall be specifically shown on plans submitted for building permits.
10. Deleted.
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11. That trash storage areas shall be provided and maintained in a location acceptable
to the Public Works Department, Streets and Sanitation Division and in accordance with
approved plans on file with said Department. Said storage areas shall be designed, located and
screened so as not to be readily identifiable from adjacent streets or highways. The walls of the
storage areas shall be protected from graffiti opportunities by the use of plant materials such as
minimum I-gallon size clinging vines planted on maximum 3-foot centers or tall shrubbery.
Said information shall be specifically shown on the plans submitted for building permits. The
revised trash enclosure location requires Planning Department and Public Works Department,
Streets and Sanitation Division approval.
12. That any water backflow equipment and any other large water system equipment
shall be installed to the satisfaction of the Water Utility Division behind the street setback area in
a manner fully screened from all public streets and alleys.
13. That all requests for new water services or fire lines, as well as any modifications,
relocations, or abandonments of existing water services and fire lines, shall be coordinated
through the Water Engineering Division of the Anaheim Public Utilities Department.
14. That address numbers shall be placed on the building as to be readily visible from
Ball Road in order to facilitate emergency vehicle response. Said information shall be
specifically shown on plans submitted for building permits.
15. That adequate lighting of parking lots, driveways, circulation areas, and grounds
contiguous to buildings shall be provided with decorative lighting of sufficient wattage to
provide adequate illumination to make clearly visible the presence of any person on or about the
premises during the hours of darkness and provide a safe, secure environment for all persons,
property and vehicles onsite and shall not unreasonably illuminate the windows of the adjacent
residences. That the minimum lighting level in the parking lot shall be one-foot candle, with a
maximum to minimum ratio no greater than 15: 1 and the light standards shall not exceed a height
of 12 feet. Said information shall be specifically shown on plans submitted for Police
Department, Community Services Division approval.
16. That a Burglar/Robbery Alarm permit application, Form APD 515 shall be
obtained from the Police Department and submitted in a complete form.
17. That a Fire Emergency Listing Card; Form APD-281 shall be obtained from the
Police Department and submitted in a complete form.
18. That prior to the start of any parking lot construction activities the applicant shall
submit a Water Quality Management Plan (WQMP) prepared by a registered professional Civil
Engineer in the State of California consistent with the requirements of Section 7 and Exhibit 7.11
of the Orange County Drainage Area Management Plan (DAMP) for New
Development/Significant Redevelopment projects. The WQMP shall: identify potential sources
of pollutants during the long-term on-going maintenance and use of the proposed project that
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could affect the quality of the stormwater runoff from the project site; define Source Control, Site
Design, and treatment Control (if applicable) best management practices (BMP's) to control or
eliminate the discharge of pollutants into the surface water runoff; and provide a monitoring
program to address the long-term implementation of and compliance with the defined BMP's.
19. That prior to the start of any parking lot construction activities, the applicant shall
submit a Grading Plan prepared by a registered professional Civil Engineer in the State of
California consistent with the requirements of Chapter 17.04 of the Anaheim Municipal Code.
The grading plan shall be submitted to the Department of Public Works, Development Services
Division for review and approval. A grading permit is required for cut or fills exceeding 500
cubic yards. Allow at least 8 weeks to obtain a grading permit.
20. That a landscape plan for the entire site shall be submitted to the Planning
Services Division of the Planning Department indicating type, size and location of existing and
proposed refurbished landscaping and irrigation for review and approval. Any decision by staff
regarding the landscaping may be appealed to the Planning Commission as a Reports and
Recommendations item. Once approved, the landscaping shall be installed and maintained in
accordance with the plan.
21. That subject property shall be developed substantially in accordance with plans
and specifications submitted to the City of Anaheim by the petitioner and which plans are on file
with the Planning Department marked Exhibits Nos. 1,2 and 3, and as conditioned herein.
22. That prior to issuance of a building permit, commencement of the activity
authorized by this resolution or within a period of one (1) from the date of this resolution,
whichever occurs first, Condition Nos. 8,9, 11, 14, 15, 18, 19 and 20 above-mentioned shall be
complied with. Extensions for further time to complete said conditions may be granted in
accordance with Section 18.40.040.040 and 18.42.040.010 of the Anaheim Municipal Code.
23. That prior to final building and zoning inspections or commencement of the
activity authorized by this resolution, Condition Nos. 12, 16, 17 and 21, as mentioned, shall be
complied with.
24. 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.
BE IT FURTHER RESOLVED that the City Council 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 conditions, 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
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void.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 9th day of November, 2004, by the following roll call vote:
AYES:
Mayor Pringle, Council Members Chavez, Tait
NOES:
Council Members McCracken, Hernandez
ABSENT:
None
ABSTAIN:
None
By
MAYOR OF THE
ATTEST:
C~~F~~
56435.]
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