Resolution-PC 94-83RESOLUTION NO. PC9A-A3
A RESOLUTION OF THE ANAHEIM CITY PLANyING COMMIS51pN
THAT PETITION FOR CONDITIUNAL USE PERMIT N0, 3G93 BE GRANTED
WHEHEAS, tho Anaheim City Planning Commisslon did receive a verified Petftion tor
Conditfonal Use Permit tor certain real property situated (n the City of ,4nahaim, County of Orange, State
af California, described as;
THAT PORTION OF LOT 13 OF 71-IE MILES RANCHO, AS PEF MAP RECORDED
IN BOOK 4, PAGE 7 OF MISf:ELLANEQUS MAPS, IN THE OFFIC;E OF THE
COUNTY RECURD~R OF SAID COUNTY, TOGETHER WITH TF'iAT PORTION OF
SPADRA ROAD, VACATED BY ORDER OF THE SOARD QF 5UPERVISORS OF
SAIQ COUNTY, A COPY QF WHICM WAS RECORDED MAY 16, 'l917 IN BOOK
11, PAGE 176 QF DEEDS, QESCRIF3ED AS FOLLOWS:
PARCEL ~, AS SHOWN ON A PARCEL MAP FIIwD IN BOflK 52, PAGE 41 OF
PARCEL MAPS IN THE OFFICF OF THE COUNTY RECORDER OF ORANGE
COUNTY.
WNEREAS, the Clty Planning Commission did hold a publ(c hearfng at the Civic Center
in the t;:y of Anahe(m on June 2', t ~94 at 1:30 p.m., not(co of said public hoaring having been duly glven
as requ(red by law and In accordanca with the provislons oF the Anaheim Municipal Code, Chapter t8.03,
to hear and consider evldenr,o for And u~ofnst sald proposod conditional use permit and to investig2te and
ma{ce findings and recommendations iri r,onnectfon therowith; and
WH~REAS, sald Commission, after due inspectinn, Investigation and study made by itself
and in its behalf, and atter due consideratlan of all evidence and reports oHereci at sald hearing, does iind
and determine the following tacts:
1. That the proposed uso is properly one fur which a cond!tlonal use permR is authorized by
Anaheim Munici~al Code Sectfon 1~.M,050.130 to permit a church including on-sfte iood collectlon,
distrfbutlon and storaye facllities, with church-reluted activities and with walvers ot the (ollowing:
(A) ,~tfons 1H.06.O~p.026G - [ulinimum number of oarkinn s~g~,
18.O6.OB0 74 requ~red; ~ existing and recommended
Hn t.44.066.050 by approved parking demand study, as cancurreci
to by the Ci'ry Traffic and 7ransportatfon Marager for this
specHic u3e and site)
(D) ~~ctions 18.04.OQ~.Q~Q - Minjmum ~etback and~rd areas for fr,,titutlonal uses.
and t8.44.06~ (1~-f~,g,~ minimum landscaped sotback adjacent to single
family residential zone boundaries to north and west roquired:
-8 feet oxisting along narth ~roperty lino and none ex(stfng
alonq west property 11ne)
2. That a parking demand study was revlewed by the Cfty 7~Hic and Transportatfon Mnnager
and determined to be adequate for this s~ecH(c use and th9 underlying property, conditioned u~on ~hurch
attendance befnfl Iimited to a maximum of 70 people;
3. That the parking waiver (A), as approv~.., will not caiase an increase in traffic co igestion
in the immedlate vfcinity nor adversely nHect any adjofning land uses;
CR2126MS.wp -1- PC94-83
4. That the granting of tho parking waiver under the conditions imposed will not be
detrimental to the peace, health, safety or gonoral welfare of the c(tizen~ of tho City of Anaheim;
5. 7hat walver (B) is hereby approved beoause there are spacial circumstances applicAble
to the propc~rty consisting of locatlon and surroundings, whfch do not apply to othar identically zonad
propertias fn the viclnity because ~.hie adJacent property to the w9et, although zoned rosidentlally, is
developsd with a City cf Fullertan Watar Department facility and that an 8-foot IAndscaped setback
including t~ees Is hereby approvad along th~ north proporty Iine fnstead of 15•feet because 15 feet would
impose an undue hardship on subJect property by significantly reducing necess~ry on-site parking;
6, That strict applicAtfon of the loning Code deprives the property of privileges enJoyed by
other propertles under ldentfcal ~oning classf~ication in the vicinity;
7. That the proposed use Is properly one for which a conditlonal use pdrmit Is authorized by
the 7.oning Code;
8. That the proposed use, as granted, will not adversely affect the adJoin{ng land uses and
the growth and development of the area in which it is ptoposed to be located;
9. That the sizo and shape of the sfte for the p!oposed use, as granted, Is adequate to allow
the full rJovelopment of tho proposed use in a manner not detrirnenta( tu tha particular ~rea nor to the
peace, heaith, sAtety, and general welfero;
1p. 7hat tho traHic generatEd by the praposed use wlll not (mpose en undue burden upon tho
straots and highways desic~ned and improved to carry the traHic in the area;
1 t. That the qrantfng of the conditi~nat use permit under the cond(tlons Imposed will not be
detrimental to the peace, health, safety and ge~~Aral welfare of the cltizens of the City of Anahoim; and
12. Th~t two (2) peopie Ind(catod thetr presence at said public I~earing In opposftion; and that
no co~ ~espondence was reaelved In opposltion to tha subjact petitlon.
CALIF~JRNIA ENVIRONMENTAL OUALITY R I IN •: That the Anaheim City Planning
Commission ha~ reviewed the proposal to permit a church including on-site food collectlon, dlstribution
and storage iacilities, with church-related activitias and with waNers of m(nimum numbar oi parking spaces
and minimum setback ~nd yard aroas for institutional uses on ~n irrec~ularly-shaped parcel of land
consisting of approxlmately 0.76 acro having a frontage of approximately 180 fe~t on the west side of
Harbor Soulevard, having a max(mum depth of approximately 210 feot, being loc~ted approximately 250
teet north of tho centerlino of La Palrna Avenue, and further descrfbecl as 10t 1 North Harbor Boulovard;
and doos hereby approve the Nogative Doc~aratian upon finding that the ~eclaration reflect~ thd
fndependent Judgement of tho lead agency and tliat it has considerecl the Negative Declaratlon together
with any comments receivecl during the public revlew process and further findfng on the basis of the initial
study and any comme~-ts receiveci thAt tF~c~re is no substantial avldence that the proJect will hAVO a
significant effact on the onvironment.
NOW, THEREFORE, BE IT RESOWED that the Arahoim Cfty Planning Commission does
hareby grant subject Petition (Qr Condidona~ Use Permft, upon tho follaw(ng conditions which aro hereby
(ound to be a necessary proreq~isite to the proposed use of the s~bJect property in order to preserve the
safety and general wHlfare of the Citizens o( thQ City of Anaheim:
1. That subJect uso is hereby aNproved tot a period of three (3) years an~+ shall terminato on
June 27, 1997.
2. That ~„are shall be no on-site food d:stributfon permitted.
-2- PC94-83
3. (a) That a minimum forty five (45) on-site parkinp spaces shal~ be provided;
(b) That a minlmum e(~ht (8) fout fully landscaped setback be maintalned along the north property
Iine abutting tho single family residential propertles; and
(c) ThAt a minimum of eight (8) 15-gallon traes of a rapid growth variety shall be installed and
malntalnod at not moro than twenty (20) feet on•center to provlde an effective visual acroon
between the proposal and adJecent residenttAl uses.
4. 7hat the number of people in attendance at ttny worship service or church-releted activity sh~ll be
Iimlted to a maximum of seventy (70) persons on Sundays and twenty (20) persons at all other tlmes.
This condition may be modified by the Planning Commission as a Reports and Recommendations
ltem upon recornmendation of tho City Traiiic and Transportation Managor.
5. That all driveways shall be recon3tructod to ~caommodate ten (10) foot radius aurb returns in
conformance with Enginoering pepartment Standards.
6. That subJe~t property shall be developod substantially in accordancc~ with plans anc; ~pecfficatlons
submitted to the City of Anahelm by the pet(tioner and whfch plans aro on flle with the Planning
Department marke~i Exhiblt Nos. 1 through 5; except as othervvfse requfrod in connection with
Conditlon Nos. 3, 10, 11 and 12, herein.
7. 7hat prior to commencoment of ~ctivity authorized by this resolution, or prlor to final z~,-InQ
fnspHCtion, or within a perfod of one (,1) year from the date of this resolutlan, whichever occurs first,
Condition Nos. 3, 5, 6, 10, 11 and 12, herein-mentioned, shall be complied wfth. Extensions for
further time to completo said conditions may be granted in accordance with Seotiori 18.03.090 of the
Anaheim Munfclpal Code.
8. That the trips qenorated by the food distribution actlvity shall be Iimited to a maxl-num of fifty (50)
trip ends per week.
9. That all food del(veries, both ta and from the site, shall be done with small delivory vehicles.
10. That the southern drNeway located on Harbor Blvd. shall be cl~sod and replaced with standard curb,
gutter and ~idewalk. The driveway area locatod betwesn the sidewalk and the building setback shall
he landscaped and irrigatad.
11. 7hat the location of the ireezer shown on the approved exh!bft ahall be shifted so that the froezer is
located to the east of the refrigoratlon unit.
12. 1'fif~2 canopy trees shali be planted along tha north property pno on maximum twonty (2U) foot
cc~nters.
13. 'fhat approval of thls application constitutes approval of the proposed request only to the extent that
it complles w(th tho Anahefm Municipal Zon(ng C~de ~nd any other applicable Cky, State anci Federal
regulations. Apprnval does not include any actfon or findings as to com~liance ar approval of the
request regarding ary other app~icable ordinance, n3gulation or raquiremen4.
BE IT FURTHER RESI~IVFD that the Anz.hefm Cfty Planning Commfssi~n does hereby find
end determine that adoption of this Rosolutlon is oxpre~asly predicated upon applicant's complfance with
each and atl of the conditlons herelnabove set forth. Shoufd any such c~ndit(on, or a~~y part theroof, be
declared invalid or unonior :oable by the ffnal ~ud~ment of any court of campetent ~urisdict!on, then tf~ls
Resolution, and any approvals herefn contafnecl, shall be degmed nuil and vaid.
-3- PG94-83
' '.
1
THE FOREG01lVG RESQLUTION was adapted at tha Pianning Comrn;sslon rneetin~ of
Juhe 27, 1 ~J94, ~
~~ ' ~'~ .~~ ;
CHAIRMAN ANAHEIM CITY P~ NNING COMMISSION !
AfTEST:
~~ ~~~:~
SECREl'A Y, A AHEIM CITY PI.~INNING COMMISSION
STATE OF CALIFORNIA )
COUNTY C~F ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarit2 Solorla, Socretary of the Anaholm City Planning Cnmrnission, do herob,y certlfy
that the foreguing resolution was passed and adopted et a maeting of the AnAheim City Plannfng
Commission held on June 27, 1994, by the foliowing vote of the mambers thereof:
AYEB: COMMISSIONERS: HENNINGEH, MAYER, PERAZA, TAIT
NOES: COMMISSIONERS: BOYDSTUN, CALDWELL
ABSENT: COMMISSIONERS: MESSE
IN WITNESS WHEREOF, I have hareunta set my hand thle ~ day of
, 1994.
~ ~~c~ c~; ~oc~~.~
SECRETARY, ~k AHEI CITY PLANNING COMMISSION
.q. pC94-83