Resolution-PC 2003-45•
RESOLUTION NO. PC2003-45
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04663 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:
THE WEST 165.00 FEET, MEASURED ALONG THE NORTH LINE OF THE
SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 4 SOUTH, RANGE 10 WEST,
IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, AS
SAID SECTION IS KNOWN AS A MAP RECORDED IN BOOK 51, PAGE 10,
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORER OF SAID
COUNTY, LYING NORTHERLY OF THE NORTHEASTERLY LINE OF THE LAND
DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED APRIL
26, 1954 IN BOOK 2715, PAGE 423 OFFICIAL RECORDS
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on March 10, 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
W HEREAS, 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 Sections 18.44.050.130 and 18.44.050.135 to wit: to establish land use
conformity with current Zoning Code land use requirements for an existing non-conforming commercial
center, and to establish a church within an existing office building with waiver of the following:
Sections 18.06.050.020.021.0211 - Minimum number of parkinq spaces.
18.06.050.020.021.0212 (35 spaces required; 24 sqaces proposed and concurred with
18.06.050.020.026.0266 by the City Traffic and Transportation Manager)
18.06.080
and 18.44.066.050
2. That the parking waiver, under the conditions imposed, will not 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 reasonable foreseeable
conditions of operation of such use because, based on the parking surveys conducted at the site, the
parking demand of the proposed project and the calculated parking surplus of adjacent uses, a sufficient
parking supply will be provided within existing on-site parking provided that the church adheres to the
hours of operation as conditioned herein.
3. That the waiver, under the conditions imposed, will not increase the demand or
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 or
competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed
use because the increased parking demand of the proposed church will be accommodated within the
existing surface parking lot located on the subject property.
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5. That the waiver, under the conditions imposed and based upon the conclusions
contained in the submitted parking demand study, will not cause fewer off-street parking spaces to be
provided for the church and other on-site businesses.
6. 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.
7. That the waiver, under the conditions imposed, will not impede vehicular ingress to or
egress from adjacent properties, or upon the public streets in the immediate vicinity of the proposed use.
8. That the use, under the conditions imposed, will not adversely affect the adjoining land
uses or the growth and development of the area, and will not be detrimental to the peace, health, safety and
general welfare of the citizens of the City of Anaheim.
9. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare; and that 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.
10. 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 establish land use conformity with current Zoning
Code land use requirements for an existing non-conforming commercial center, and to establish a--church
within an existing office building with waiver of minimum number of parking spaces on an irregularly-
shaped 0.43-acre property having a frontage of 170 feet on the north side of Wilshire Avenue and a
maximum depth of 139 feet, being located 660 feet southeast of the centerline of Loara Street, and
further described as 300 North Wilshire 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:
Church
1. That this use shall expire on March 10, 2006.
2. That the only accessory school activity shall be Sunday school; and that this facility shall not be
used as a private daycare, nursery, elementary, junior and/or senior high school.
3. That no outdoor activity shall be conducted by the church at any time within the rear (north)
land'scaped setback adjacent to the residential neighborhood zoned RS-10,000 (Residential,
Single-Family).
4. That this project shall comply with the requirements of an "A3" occupancy, as set forth in the
California Building Code, 1998 edition, and the Uniform Fire Code. Said information shall be
specified on plans submitted for Building Division and Fire Department approval.
5. That the hours of operation shall be limited to 9 a.m. to 5 p.m., on Sundays only (except for special
church holidays).
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6. That the number of congregates at any one time shall be limited to thirty (30) persons, sixteen (16)
years of age and over. If the number of congregates exceeds forty (40) members at any one time,
the applicant shall submit a parking management plan to the Traffic and Transportation Manager for
review and approval.
7. That the proposal shall comply with all signage requirements of the CL (Commercial, Limited) Zone
unless a variance allowing sign waivers is approved by the Planning Commission or City Council.
Any additional signage shall be reviewed and approved by the Zoning Division. Any decision by
staff may be appealed to the Planning Commission as a"Reports and Recommendations" item.
8. That the proposed freestanding sign on subject property shall be a decorative monument-type
design with a finished cap, the height shall not exceed eight (8) feet as measured from the grade of
the sidewalk, the sign shall be constructed with a minimum eighteen (18) inch high solid base, and
the sign shall be subject to review and approval by the City Traffic and Transportation Manager to
determine adequate lines-of-sight and the Zoning Division for final design. Any decision by staff
regarding this sign may be appeal to the Planning Commission as a"Reports and
Recommendations" item.
Commercial Retail Center
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.
10. That a landscape plan for the entire site shall be submitted to the Zoning Division of the Planning
Department indicating type, size and location of existing and proposed refurbished landscaping,
including irrigation facilities, for review and approval by the Zoning Division. Any appeal of staff's
decision can be made to the Planning Commission as a`Reports and Recommendations' item.
Following approval, the landscaping shall be installed and maintained in accordance with the plan.
The landscape plan shall indicate the following:
• That the on-site landscaping and irrigation system shall be refurbished and maintained in
compliance with City standards.
• That landscaped planter areas on either side of the driveway shall be expanded to the
maximum depth, provided that no reduction in parking spaces will result from such expansion.
• That the front landscaped setback shall be planted and irrigated with nine (9), minimum twenty
four (24) inch box sized evergreen trees.
• That additional parking lot trees (minimum of three (3)) shall be planted within the proposed
parking lot landscaped areas and that all trees be minimum twenty four (24) inch box sized.
11. That all existing landscaping shall be maintained and immediately replaced in the event that it
becomes diseased or dies.
12. That the chain-link fencing and barbed wire at the north end of the property shall be removed and
replaced with wrought iron fencing or a block wall. Said information shall be shown on the plans
submitted for building permits.
13. That four (4) foot high address numbers shall be displayed on the roof of the building in a
contrasting color to the roof material. The numbers shall not be visible to the adjacent street or
nearby properties. Said information shall be specifically shown on plans submitted for Police
Department, Community Services Division, approval.
14. That the trash storage area shall be relocated out of the required five (5) foot wide setback adjacent
to Wilshire Avenue. The new trash storage enclosure shall be provided and maintained in a
location acceptable to the Streets and Sanitation Division of the Public Works Department and the
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Zoning Division, and in accordance with approved plans on file with the Public Works Department.
Said storage area shall be designed, located and screened so as not to be readily identifiable from
the adjacent public street. The walls of the storage area shall be protected from graffiti
opportunities by the use of plants such as minimum one (1) gallon sized clinging vines planted on
maximum three (3) foot centers or tall shrubbery. Said information shall be specifically shown on
the plans submitted for building permits.
15. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the Public Works Department, Streets and Sanitation Division, for review and approval.
16. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
17. That all air conditioning facilities and other roof and ground-mounted equipment shall be properly
screened from view and sound buffered from adjacent residential properties. Said information shall
be specifically shown on the plans submitted for building permits.
18. That lighting fixtures in any proposed parking area located adjacent to any residential property shall
be down-lighted with a maximum height of twelve (12) feet. Said lighting fixtures shall be
decorative and shall be directed away from adjacent residential property lines to protect the
residential integrity of the area. Said information shall be specifically shown on the plans submitted
for building permits.
19. That all public telephones (existing or proposed) shall be located inside the building.
20. That no outdoor storage, display or sales of inerchandise or fixtures shall _be permitted.
21. That roof-mounted balloons and other inflated devices shall not be permitted.
22. That no video, electronic or other amusement devices or games shall be permitted anywhere on
subject property.
23. That no vending machines shall be permitted on the property, which machines are visible from the
public right-of-way.
24. That the number of tenant spaces shall be limited to twelve (12) units, as shown on the approved
site plan (Exhibit No. 1).
25. That all trash generated from this commercial retail center shall be properly contained in trash bins
contained within approved trash enclosure(s). The number of bins shall be adequate and the trash
pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of
refuse from the property. The Code Enforcement Division of the Planning Department shall
determine the need for additional pick-up. All costs for increasing the number of bins or frequency
of pick-up shall be paid for by the business owner.
26. 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, 2 and 3, and as conditioned herein.
27. 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. 4, 8, 10, 12, 13, 14, 15, 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.
28. That prior to final building and zoning inspections, Condition No. 26, above-mentioned, shall be
complied with.
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29. 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 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. Exceeding, violating, intensifying or otherwise deviating from any of said
assumptions as contained in the parking demand study shatl 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 "Termination or Modification of Amendments,
Conditional Use Permits or Variances (Procedure)" and 18.03.092 "Termination or Modification of
Conditional Use Permits or Variances (Grounds)" 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 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.
March 10, 2003.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
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CH IRPE SON, ANAHEI CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 March 10, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KOOS, ROMERO
IN WITNESS WHEREOF, I have hereunto set my hand this r d~ day of
a ,o r : ~. , 2003.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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