Resolution-PC 2004-143~ ~
RESOLUTION NO. PC2004-143
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2004-04925 BE GRANTED ' ~
(1661 NORTH RAYMOND AVENUE) '
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
' Califiornia, described as:
PARCEL A: PARCEL 1 IN THE CITY OF' ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS SHOWN ON A MAP FILED W BOOK 166, PAGES 13 AND 14 OF
PARGEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL B: PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY ,OF ORANGE, STATE
OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 166, PAGES 13 AND 14 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 November 15, 2004, at 2:00 p.m:, notice of said public hearing havingbeen duly
given as required: bylaw and in accordance with the provisions ofthe 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 18.10.030.0402 to wit: to permit a church within an existing office building
with waiver of the following:
SECTION NO. 18.42.040 - Minimum number of parkinq spaces
(416 spaces required; 350 proposed and recommended by
the City Traffic and Transportation Manager)
2. Thafthe subject property is developed with an existing office buildings and parking lot, formerly
that the zoning is Industrial; and that the Anaheim General Plan Land Use Elemenf designates the site for
Office-Low land uses.
3. That the waiver will not, under the conditions imposed and based on the conclusions contained
in the parking study submitted by Katz, Okitsu & Associates, dated October 4, 2004, will not cause fewer off-
street parking spaces to be available than exists on the property for the church and other on-site activities
provided the church adheres to the assumptions contained in the parking study; and said study indicates that
the hours of operation indicated in the parking study; letter of operation states that the peak parking demand
for the church occurs on the weekends when most of the other office uses are closed and therefore, the off- _-
street parking spaces would be adequate for the proposed church use.
4. That the waiver will not, under the conditions imposed, increase the demand and competition
for parking spaces on the public streets and adjacent private properties in the immediate vicinity of the
proposed use because the project parking lot has adequate parking to accommodate the peak parking
demands of the proposed church use; and, further, there is no reason to encroach into other parking facilities
because the parking lot will provide ample parking as indicated in the parking analysis.
5. That the waiver, under the conditions imposed, would not increase traffic congestion within the
off-street parking areas or lots provided for such use.
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6. That the parking waiver wil( not, under the conditions imposed, impede vehicular ingress to or
egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use
because the project site is physically separated from adjacent private properties.
7. Thaf the proposed use 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 development
of the church in a manper not detrimental to the particular area nor to the health and safety.
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 the traffic in the area.
10. That granting this conditional use permit, under the conditions imposed, will not be detrimental
to the health and safety of the citizens of the Cityof Anaheim because the proposal complies with all the-
applicable site development and zoning standards, except for the waiver of minimum number of parking
spaces, for properties and uses in the I zone.
11. That no one indicated their presence at said public hearing in opposition; that no
correspondence was received in opposition to#he subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING:' That fhe Anaheim City Planning
Commission has reviewed the proposal to establish a church within an existing office building with waiver of
. minimum number of parking spaces and does hereby approve the Negative Declaration upon finding that the
declaration reflects the independent judgment of the lead agency and thaf it has considered the Negative
Declaration together with any comments received during the public review process and #urther finding on the
basis of #he initial study and any comments received that there is no substantial evidence that the projecf 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 church services shall be limited to Sunday services from 10 a.m. to 11:15 a.m., and 11:30 a.m. to
1:00 p.m.; evening service on Wednesdays from 7:30 p.m. to 9:00 p.m. Bible study and prayer
meetings on Sundays from 9:00 a.m. to 10:00 a.m. and Saturdays from 6:00 a.m. to 7:30 a.m., as
stipulated by the petitioner in the letter of operation.
2. That no portable signs shall be utilized to advertise the church.
3. That the only accessory school activity shall be Sunday school, and this facility shall not be used as a
private daycare, nursery, elementary, junior and/or senior high schooL
4. 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. ;
5. That at no time shall there be any outdoor storage on the site.
6. That plans analyzing the existing building conditions and the codes applicable to the proposal, shall be
submitted to the Building Division for review and approval to ensure compliance with such Building and
Safety Code requirements (i.e., exiting requirements and occupancy loads). Said plans shall be
prepared by a licensed architect and/or engineer.
7. That the on-site landscaping and irrigation system shall be maintained in compliance with City
standards.
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8. That if the business is equipped with alarm system (silent or audible) a Burglary/RobberyAlarm Permit
application shail be completed and submitted to the Police'Department.
9. 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 through 2, and as conditioned herein.
10. That prior to commencement of the activity authorized by this resolution or issuance of a building
permit or within a period of one (1) year firom the date of this resolution, whichever occurs first,
Condition Nos. 6 and 8, above-mentioned, shall be complied with. Extensions for further time to
complete said conditions may be granted in accordance with Section 18.60.170 (Extensions of time to
comply with conditions of approval) of the Anaheim Municipal Code.
11. That prior to commencement of the activity authorized by this resolution, or final building and zoning
inspections, Condition No. 9, above-mentioned, shall be complied with.
12. 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 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.
AND BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges
related to the processing of this discretionary case application within 30 days of the issuance of the final
invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all
charges shall result in delays in the issuance of required permits or the revocation of the approval of this
application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 15, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
"Procedures" of the Anaheim Municipa( Code pertaining to appe o res an ma eplaced by a City
Council Resolution in the event of an appeaL .
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HAIRMAN, ANAHEIM PLANNING COMMISSION
ATT
SENIOR S~ RETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA , )
COUNTY OF ORANGE )ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior Secretary of the Anaheim Planning Commission, do hereby certify that
the foregoing'resolution was passed and adopted af a meeting of the Anaheim Planning Commission held on
: November 15, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELC, ROMERO, VANDERBILT-LINARES
VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
~~~~ ~~IN~~W ITNESS W HEREOF, l have hereunto set my hand this _~~ day of
~'~'c --~, 2004.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION ,