Resolution-PC 2002-86a ~
RESOLUTION NO. PC2002-86
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04544 BE GRANTED
FOR A PERIOD OF FOUR (4) YEARS UNTIL JUNE 3, 2006
WHEREAS, the Anaheim City 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: THAT PORTION OF THE NORTHEAST QUARTER OF SECTION
26, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON
DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
PARCEL NO. 1, BLOCK B, AS SHOWN ON A MAP FILED IN BOOK 104, PAGE 12
OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE
COUNTY, CALIFORNIA
EXCEPTING THEREFROM THAT PORTION DEEDED TO THE STATE OF
CALIFORNIA IN THE DEED RECORDED OCTOBER 5, 1998 AS INSTRUMENT NO.
19980672731 OF OFFICIAL RECORDS.
PARCEL B: THAT PORTION OF THE NORTHEAST QUARTER OF SECTION
26, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON
DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
PARCEL 1, AS SHOWN ON A MAP RILED IN BOOK 81, PAGE 32 OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on June 3, 2002 at 1:30 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 18.03,
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 use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.61.050.140 to permit a church in an existing building with waiver of:
Sections 18.06.050.020.026.0266 - Minimum number of parking spaces.
18.06.050.030.031 (468 spaces required;
18.06.080 463 spaces proposed and concurred with by the City Traffic and
and 18.61.066.050 Transportation Manager}
2. That the parking waiver is hereby approved on the basis that the deviation from Code
standards for the combination of uses on the subject property is only 5 spaces, or 1% less, than the Code
requirement for all the uses; and that approval of the waiver, under the conditions imposed, will not
cause fewer off-street parking spaces to be provided for the proposed church than the number of spaces
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necessary to accommodate all vehicles attributable to such use under the normal and reasonably
foreseeable conditions of operation of the use.
3. That the 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 proposed use.
4. That the 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.
5. That the waiver, under the conditions imposed, will not increase traffic congestion within
the off-street parking areas or lots provided for the proposed use because the subject property is located
in a business area, with very little tra~c during non-business hours and on weekends when the church
will be open.
6. That the waiver, under the conditions imposed, will not impede vehicular ingress to or
egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use.
7. That the proposed church is hereby approved on the basis that the applicant testified
during the public hearing that the use is temporary because they are searching for a permanent facility;
and that a temporary church, under the conditions imposed, will not adversely affect the adjoining land
uses and the growth and development of the area in which it is proposed to be located.
8. That the size and shape of the site for the proposed use is adequate to allow full
cievelopm~nt of the proposal in a_man.n. er not detrimental to th_ e particular area nor to the peace, health,
safety and general welfare.
9. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry traffic in the area.
10. That granting this conditional use permit, under the conditions imposed, will not be
detrimenta[ to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
11. That no one indicated their presence at the public hearing in opposition to the propoal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report
("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City 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 subject property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
That this conditional use permit shall expire on June 3, 2006.
2. That the hours of operation for the church shall be limited to the following:
Saturday: 7 a.m. - 3 p.m.
Sunday: 7 a.m. -10 p.m.
Weeknights: 6 p.m. -10 p.m.
3. (a) That no portable signs shall be utilized to advertise the church.
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(b) That signage for the church shall be limited to one (1) wall sign, and that any additional signs
shall be submitted to the Planning Commission for review an approval as a"Reports and
Recommendations" item.
4. That the only accessory school activity in connection with the church shall be Sunday School; and
that this church shall not be used for private daycare, nursery, elementary, junior and/or senior high
school.
5. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses.
6. That no outdoor events shall be permitted unless a Special Event Permit is first obtained from the
Zoning Division.
7. That this project shall comply with the requirements of an AC occupancy, as set forth in the
California Building Code, 1998 Edition, and the Uniform Fire Code. Said information shall be
specified on plans submitted to the Building Division and Fire Department for review and approval.
8. Proposed Condition No. 8 was deleted af the P/anning Commission public hearing.
9. That the property owner shall submit a letter to the Zoning Division requesting termination of
Conditional Use Permit No. 1842 (to permit retail sale of furniture in the ML "Limited Industrial"
zone), Conditional Use Permit No. 1879 (to permit an auto sales, repair and restoration facility) and
Conditional Use Permit No. 2946 (to permit construction of a commercial/office complex with
aseesso~y retail.uses, includingfive, 1Q0 io 233 feeihigh, buildings and three multi-leyel parking
structures in five phases over a 10-year period, with waiver of minimum structural setback).
10. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
11. Proposed Condition No. 11 was deleted af fhe Planning Commission public hearing.
12. That three (3) foot high street address numbers shall be displayed on the roof of the building in a
contrasting color to the roof material. The numbers shall not be visibte to adjacent and nearby
streets or properties. Said information shall be specifically shown on plans submitted to the Police
Department, Community Senrices Division, for review and approval.
13. That subject property shall be maintained 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 Exhibit Nos. 1 and 2, and as conditioned herein.
14. That prior to issuance of a building permit, or prior to commencement of the activity authorized by
this resolution, or within a period of one (1) year from the date of this resolution, whichever occurs
first, Condition Nos. 7, 9 and 12, above-mentioned, shall be complied with. Extensions for further
time to complete said conditions may be granted in accordance with Section 18.03.090 of the
Anaheim Municipal Code.
15. That prior to final building and zoning inspections or prior to commencement of the activity
authorized by this resolution, whichever occurs first, Condition No. 13, above-mentioned, shall be
complied with.
16. 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.
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BE IT FURTHER RESOLVED that granting of the parking waiver shall be deemed
contingent upon operation of the approved use in conformance with the assumptions relating to the
operation and intensity of the use as contained in the parking demand study that formed the basis for
approval of said waiver; and that exceeding, violating, intensifying or otherwise deviating from any of said
assumptions as contained in the parking demand study shall be deemed a violation of the express
conditions imposed upon said waiver which shall subject said waiver to termination or modification
pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 3, 2002.
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CHAIRP SON, ANAHEIM PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on June 3, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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