Resolution-PC 2003-131~ .
RESOLUTION NO. PC2003-131
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04373 BE GRANTED
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:
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 17, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE
RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51 PAGE 10 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, AND SAID NORTHEAST QUARTER IS INDICATED ON MAP OF
TRACT NO. 647, RECORDED IN BOOK 20, PAGE 34 OF MISCELLANEOUS MAPS
RECORDS OF SAID ORANGE COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER
OF THE NORTHEAST QUARTER; THENCE WESTERLY 98.00 FEET ALONG THE
NORTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER;
THENCE SOUTH 300.00 FEET ALONG THE EASTERLY LINE OF THE LAND
DESCRIBED IN DEED TO PATRICK G. O'KEEFE AND WIFE, RECORDED
N.OV.EMB~R 10, 1955 _IN BOQK 3278. PAGE 385 OF OFFICIAL RECORDS;
THENCE EAST PARALLEL WITH SAID NORTH LINE TO THE EAST LINE OF SAID
NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE NORTH
ALONG SAID EAST LINE TO THE POINT OF BEGINNING;
EXCEPT THE NORTH 66 FEET THEREOF, AS GRANTED TO THE STATE OF
CALIFORNIA IN DEED RECORDED AUGUST 7, 1957 IN BOOK 3998 PAGE 7 OF
OFFICIAL RECORDS.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the Ciry of Anaheim on September 8, 2003 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 18.44.050.270 to wit: to permit a private religious educational institution
in an existing three-story office building with waivers of the following:
(a) Sections 18.04.042.020 - Institutional uses adiacent to residential zones.
and 18.44.060.040 (minimum 15-foot wide landscaped setback required
adjacent to RS-A-43,000 (Residential/Agricultural) and RS-
7200 (Residential, Single-Family) zoning;
none to 6-foot wide landscaped setback existing and
proposed along the east property line, and 3-foot wide
landscaped setback existing and proposed along the south
property line)
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(b) Sections 18.06.050.020.021.0212 - Minimum number of ~arkinq spaces.
18.06.050.020.026.0263 (80 sqaces required;
and 18.44.066.050 40 spaces existing and concurred with by the City Traffic
and Transportation Manager)
2. That waiver (a), minimum setback for institutional uses adjacent to residential zones, is
hereby approved on the basis that there are special circumstances applicable to the property consisting
of its location and surroundings which do not apply to other identically zoned properties in the vicinity,
because the adjacent property to the east is developed with a commercial use (a motel) although the
zoning is RS-A-43,000 and that the residential uses to the south will continue to be buffered by the
existing landscaping and parking area along the south property line.
3. That strict application of the Zoning Code would deprive the property of privileges
enjoyed by other properties under identical zoning classification in the vicinity.
4. That a parking study, prepared by Traffic Safety Engineers and reviewed and approved
by the City Tra~c and Transportation Manager, concluded that a maximum number of 30 students and 6
employees (including faculty and office staf~ could be accommodated by the existing parking supply; and
that approval of waiver (b), minimum number of parking spaces, will not, under the conditions imposed,
cause fewer off-street parking spaces to be provided for the proposed use than the number of such
spaces necessary to accommodate all vehicles attributable to the use under the normal and reasonably
foreseeable conditions of operation of such use.
5. That the parking waiver, under the conditions imposed, will not increase the demand and
Eor~petitian #ar parking spaces ~apo~ the__public. s.treets and adjacent priyate property in the immediate
vicinity of the proposed use.
6. That the parking waiver, under the conditions imposed, will not increase traffic congestion
within the off-street parking areas or lots provided for such use.
7. That the parking waiver, under the conditions imposed, will not impede vehicular ingress
to or egress from adjacent property in the immediate vicinity of the proposed use attributable to the
religious educational facility under the normal and foreseeable conditions of operation of such use.
8. That the proposed religious educational institution will not, under the conditions imposed,
adversely affect the adjoining land uses nor restrict the growth and development of the area in which it is
proposed to be located.
9. That the size and shape of the site for a religious educational institution is adequate to
allow full development in a manner not detrimental to the particular area nor to the peace, health, safety,
and general welfare, nor the citizens of the City of Anaheim.
10. That the traffic generated by the religious educational institution will not impose an undue
burden upon the streets and highways designed and improved to carry traffic in the area.
11. That granting this conditional use permit will not, under the conditions imposed, be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
12. That one person spoke at the public hearing in opposition to the proposal; and that one
letter was received expressing concerns about the proposed parking.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal for a private religious educational institution in an
existing three-story office building with waivers of required setback for institutional uses adjacent to
residential zones and minimum number of parking spaces on a rectangularly-shaped 0.53-acre property
having a frontage of 98 feet on the south side of Lincoln Avenue and a maximum depth of 234 feet, being
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located 690 feet east of the centerline of Broadview Street, and further described as 1808 West Lincoln
Avenue; 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 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:
1. That the hours of operation shall be limited to the following, as stipulated to by the petitioner:
Religious educational facility: Monday through Thursday: 9 a.m. to 10 p.m.
Office hours: Monday through Friday: 8 a.m. to 5 p.m.
2. That the existing non-conforming roof-mounted sign and pole sign shall be removed.
3. That no church services or assembly shall be allowed at this location unless a conditional use
permit allowing the same is first approved by the Planning Commission or City Council.
4. That a maximum of thirty (30) students and six (6) employees (consisting of faculty and office staf~
shall be allowed at this facility as identified in the parking study approved by the City Traffic and
Transportation Manager.
5. That a landscape plan shall be submitted to the Zoning Division for review and approval showing
enhanced landscaping along the south property line with additional trees in order to create a
consistent visual buffer adjacent to the residential properties. Any decision by the Zoning Division
may be appealed to the Planning Commission as a'Reports and Recommendations' item. Said
landscaping shall conform to the approved plan prior to occupancy of the building.
6. That the landscape planters and associated irrigation shall be permanently maintained with live and
healthy plant materials; and, if required by the City of Anaheim, the landscaped setback adjacent to
Lincoln Avenue shall be refurbished with additional trees, shrubs and groundcover.
7. 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 finrenty
four (24) hours from time of occurrence.
8. That the proposal shall comply with all sign requirements of the CL (Commercial, Limited) Zone
unless a variance allowing sign waivers is approved by the Planning Commission or City Council.
9. That no outdoor activity shall occur on the south side of the building.
10. That the driveway on Lincoln Avenue shall be constructed with ten (10) foot radius curb returns as
required by the Ciry Engineer in conformance with Engineering standard No. 137. Said information
shall be specifically shown on plans submitted to the Traffic and Transportation Manager for review
and approval.
11. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval showing conformance with the current versions of Engineering Standard Plan Nos. 436,
601 and 602 pertaining to parking standards and driveway location. Subject property shall
thereupon be developed and maintained in conformance with said plans.
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12. That gates shalf not be installed across the driveway in a manner which may adversely affect
vehicular tra~c on the adjacent public street. Installation of any gates shall conform to Engineering
Standard Plan No. 609 and shall be subject to the review and approval by the City Traffic and
Transportation Manager.
13. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses.
14. That an on-site trash truck turn around area shall be provided in accordance with Engineering
Standard Detail No. 610 and as required by the Maintenance Division. Said information shall be
specifically shown on plans submitted to the Public Works Department, Streets and Sanitation
Division, for review and approval.
15. That the legal property owner shall submit an application for a Subdivision Map Act Certificate of
Compliance to the Public Works Department, Development Services Division. A Certificate of
Compliance or Conditional Certificate of Compliance shall be approved by the City Engineer and
recorded in the Office of the Orange County Recorder.
16. That the property owner shall implement appropriate non-structural and structural Best
Management Practices (BMPs) as specified in the Orange County Drainage Area Management
Plan (DAMP), Appendix G. The selected BMPs shall be implemented and maintained to minimize
the introduction of pollutants from entering the City of Anaheim stormwater drainage system.
17. That four (4) foot high address numbers shall be displayed on the building roof in a contrasting
color to the. r_oof material. Ihe n_ umbers shall not_be visible to the street or adjacent and nearby
properties. Said information shall be specifically shown on plans submitted for Police Department,
Community Services Division, review and approval.
18. 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
Depa~tment marked Exhibit Nos. 1, 2, 3 and 4, and as conditioned herein.
19. That 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. 2, 5, 6, 10, 11, 14, 15,
16, 17 and 18, 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.
20. 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 Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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
September 8, 2003. ~
RPERSON, ANAHEIM CITY PLANNING COMMISSION
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ATTEST:
OR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior 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 September 8, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
VACANCY: COMMISSIONERS: ONE SEAT
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2003.
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ENIOR SE~RETARY, ANAHEIM CITY PLANNING COMMISSION
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