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Resolution-PC 2003-132~ ~ RESOLUTION NO. PC2003-132 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04756 BE GRANTED FOR EIGHTEEN (18) MONTHS TO EXPIRE ON MARCH 22, 2005 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: LOT 29 OF TRACT NO. 256, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 14, PAGE 15 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPT EASTERLY 5 FEET OF THEREOF. LOT 30 OF TRACT NO. 255, "EAST ANAHEIM SUBDIVISION", IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 14 AT PAGE 25 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY. EXCEPTING THEREFROM THE EASTERLY 20 FEET. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 22, 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 18.41.050.070 to wit: to permit a church within an existing two-story office building with waivers of the following: (a) Sections 18.04.042.020 - Required setback for institutional uses adjacent to a and 18.41.060 residential zone boundary. (minimum 15-foot wide landscaped setback required; no landscapinq existinq alonq the westerlv 125 feet of the north property line adjacent to RS-7200 (Residential, Single- Family) zoning) (b) Sections 18.06.050.020.026.266 - Minimum number of parkinq spaces. 18.41.066.050 (33 spaces required; 29 spaces existing and proposed) and 18.060.080 _ 2. That waiver (a), required setback for institutional uses adjacent to a residential zone boundary, is hereby approved on the basis that there are special circumstances applicable to the property such as size, shape, topography, location or surroundings, which do not apply to other identically zoned properties in the vicinity; and that strict application of the Zoning Code would deprive the property of privileges enjoyed by other properties under identical zoning classification in the vicinity. cr\PC2003-132.doc -1- PC2003-132 • . 3. That 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 such use under the normal and reasonably foreseeable conditions of operation of the use. 4. That the parking 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. 5. That the parking 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. 6. That the parking waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use. 7. That the parking 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. 8. That the proposed use, 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. 9. That the size and shape of the site for the proposed use, under the conditions imposed, is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor ta the peace, heaith, safety and genera~ wel#are. 10. That the traffic generated by the proposed use will not, under the conditions imposed, impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 11. That granting Conditional Use Permit No. 2003-04756 for a period of 18 months will not, under the conditions imposed, be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; and that during the 18-month period the petitioner will, as discussed during the Planning Commission public hearing, seek a permanent solution to the parking situation such as providing off-site parking in closer proximity to the church as recommended by the Traffic and Transportation Manager and in compliance with city criteria. 12. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit a church within an existing two-story office building with waivers of required setback for institutional uses adjacent to a residential zone boundary and minimum number of parking spaces on an irregularly-shaped 0.5-acre property located at the northwest corner of Center Street and Coffman Street, having frontages of 72 feet on the north side of Center Street and 206 feet on the west side of Coffman Street, and further described as 1815 East Center Street and 115 North Coffman Street; 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 four~d 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: -2- PC2003-132 • • That this conditional use permits shall expire eighteen (18) months from the date of this resolution on March 22, 2005. That the hours of operation for the church shall be limited to the following, as stipulated to by the petitioner: Weekdavs: Office Hours Adult Prayer and Bible Study Youth Bible Study Monday - Friday: Wednesday: Friday: 8 a.m. to 5 p.m. 7:30 p.m. to 8:30 p.m. 6 p.m. to 8 p.m. Weekends: Young Adult Bible Study Worship Service (Early) Worship Service (Second) Saturday: Sunday: Sunday 7 p.m. to 9 p.m. 9:00 a.m. to 10:00 a.m. 11 a.m. to 12:00 noon 3. That only the nine hundred forty (940) square foot assembly area shown on the exhibits approved at the public hearing shall be utilized as church assembly area. 4. That the applicant shall record and maintain an agreement with the property located at 1425 East Lincoln Avenue for twenty (20) or more parking spaces for this church use, as required by the City Traffic and Transportation Manager ("TTM"). Alternate sites to secure such parking spaces may be considered subject to approval of the TTM. The number of such parking spaces shall be in excess of fhe num6er of spaces ot~erwP~~ requ~red byCocte for the-uses a# 4425 East Lincolrr Avenue and/or any other off-site parking area. Shuttle services shall be provided to transport church members to and from any off-site parking facilities. A covenant so-agreeing shall be submitted to the Zoning Division of the Planning Department and the City Attorney's Office for review and approval, and shall then be recorded in the Office of the Orange County Recorder. A copy of the recorded agreement shall be submitted to the Zoning Division. 5. That no portable signage shall be utilized to advertise the church. 6. That the proposal shall comply with all sign requirements of the CO (Commercial, Office and Professional) Zone unless a variance allowing sign waivers is approved by the Planning Commission or City Council. Any additional signs beyond what exists on the date of this resolution shall be submitted to the Zoning Division for review and approval. Any decision by staff may be appealed to the Planning Commission as a'Reports and Recommendations' item. That the only accessory school activity in connection with this church shall be Sunday school and bible study; and that this facility shall not be used as a private daycare, nursery, elementary, junior and/or senior high school. 8. That no outdoor activity may be conducted by the church at any time. 9. That no bells audible outside the building shall be permitted. 10. That a maximum occupancy of one hundred thirty four (134) persons shall be permitted in the assembly hall at any one time, as determined by the Building Division. Sign(s) specifying the maximum occupant load shall be posted in conspicuous place(s) near the main exit from the room, as approved by the Fire Prevention Division of the Fire Department. -3- PC2003-132 • • 11. That the property owner shall implement appropriate non-structural and structural Best Management Practices ("BMPs") as specified in the Orange Counry 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 storm water drainage system to the satisfaction of the Public Works Department, Development Services Division. 12. That gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic on the adjacent public street(s). Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to 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 use. 14. 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. 15. That the landscape planters, including irrigation systems, shall be permanently maintained with live and healthy plants. 16. That four (4) foot high address numbers shall be displayed on the building roof in a contrasting color to the roof material. The numbers shall not be visible to the adjacent streets or adjacent and nearby properfies. Said inforrriation shalt b~ specificafly shown en pfans submitted ~o the-Police Department, Community Services Division, for review and approval. 17. That trash storage area(s) shall be refurbished, including new trash enclosure gates, to the satisfaction of the Public Works Department, Streets and Sanitation Division, to comply with approved plans on file with said Department. 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 Department marked Exhibit Nos. 1 and 2, 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. 4, 6, 10, 11, 12, 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. 21. That the congregation shall not exceed a total of two hundred fifty (250) members, including adults and children. 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. -4- PC2003-132 ` J ~ THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 22, 2003. ~~,yrr~ _ nivi.! o~ivL~~ V RPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: IOR 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 22, 2003, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE VA~ANT: COMMiSSfONERS: ONE S€AT IN WITNESS WHEREOF, I have hereunto set my hand this 1~ day of ~ , 2003. ENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2003-132