Resolution-PC 2004-52• •
\ RESOLUTION NO. PC2004-52
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE!PERMIT N0. 2003-04811 BE GRANTED, IN PART
(2920 EAST WHITE STAR 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
California, described as
PARCEL 4 OF PARCEL MAP NO. 99-126, AS SHOWN ON A MAP FILED IN BOOK
311, PAGES 22 TO 25 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 12, 2004 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 that said public hearing was continued to
the January 12, March 8 and April 19 and May 17, 2004, Planning Commission meetings; and
WHEREAS, said Commission, after due inspection, investigation and study made by itse-f'
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 use is properly one for which a conditional use permit is authorized by Anaheim
Municipal Code Section 18.110.050.050.0512 to permit and retain a church within an existing building with
waiver of the following:
SECTIONS 18.06.050.0266 and Minimum number of parkinq spaces
18.110.050.110 (166 required; 36 existing and proposed)
2. That the waiver, under the conditions imposed, will not cause.fewer off-street parking spaces
to be provided for such 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.
The parking study indicates that the project would contain a sufficient supply of parking spaces to
accommodate the church by utilizing on-site parking (36 spaces) and agreed upon off-site parking for a total
of 166 spaces.
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; and
The parking survey and the analysis for the project and adjoining buildings indicate that sufficient off-street
parking (shared parking agreements) is provided so that the adjacent public street parking would not be
necessary.
4. That the waiver, under the conditions imposed, will not increase the demand for parking
spaces upon adjacent private property in the immediate vicinity of the proposed use.
The parking study has determined that the tenants of the adjacent private properties expressly provide
agreement for the Way of Life Church to utilize their parking spaces. Shared parking on the adjacent
properties is accommodated due to the fact that adjacent properties and the Way of Life Church have
different peak hours of parking demand.
' S. That the waiver, underthe conditions imposed; if any, will not increase traffic congestion
within the off-streetparking areas or lotsprovidedfor such use; and
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The project will not cause increased traffic congestion within off-street parking areas of the site because an :
efficient system of accommodating parking demand is used. The traffic director effectively guides traffic to
off-site parking spaces that sufficiently accommodate the parking demand.
6. That thewaiver, 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.
The off-streetparking spaces provided do not impede vehicle ingress or egress from the adjacent properties
or upon White Star Avenue adjacent to the project site due to the hours of operation of the church being off-
peak from other businesses in the vicinity. '
7. That the proposeduse is properly one for which a conditional use permit is authorized by the
Zoning Code, or that said use is not listed therein as being a permitted use;
8. That 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;
9. That the size and shape of the site for the proposed use is adequate to allow the full
development of #he proposed use in a manner not detrimental to the particular area nor to the peace, health,
safety; and general welfare;
10. That the traffic generated by the proposed use will not impose an undue burden upqn the
streets and highways designed and improved to carry the traffic in the area; and
11. That the granting of the conditional use permit under the conditions imposed, if any, will not
be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
12. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CAUFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to permit and retain a church within an existing industrial 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 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 this Conditional Use Permit shall expire on October 31, 2005.
2. That the hours of operation for the church shall be limited to the following, as stipulated in the
petitioner's letter of operation:
Sunday Services - 10:00 a.m. -12:00 p.m.
Wednesday Service - 7:30 p.m. - 9:00 p.m.
Office hours - Wednesday through Friday - 9:30 a.m. to 4:00 p.m.
3. That the chapel shall not be utilized concurrently with the auditorium/assembly area for church or other
assembly services.
4. ' That the buses/vans utilized for church activities shall not be stored on-site.
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5. That there shall be no outdoor storage on site at any time.
6. That no portable signage shall be utilized to advertise the church. Further, #hat signage shall be limited
to one (1) wall sign as shown on Exhibit No. 3. Any additional signs 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.
7. That no outdoor events shall be permitted. '
8. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
9. That the only accessory school activity shal( be Sunday school and this facility shall not be used as a
private daycare, nursery, elementary, junior and/or senior high school.
10. That the granting of the parking waiver is contingent upon operation of the use in conformance with the
assumptions and/or conclusions relating to the operation and intensity of 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 and/or conclusions, as contained in
the parking demand study, shall be deemed a violation of the expressed conditions imposed upon said
waiver which shall subject this to termination or modification pursuant to the provisions of Sections
18.03.091 and 18.03.092 of the Anaheim Municipal Code.
11. That the property shall be permanently maintained in an orderly fashion by providing regular landscape
maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time
of occurrence. ~
12. That a licensed architect and/or engineer shall analyze the existing building conditions and applicable
codes for the proposed facility to ensure compliance with applicable Building and Safety Code
requirements (i.e. exiting requirements, occupancy load) as required by the Building Division. Permits
for alterations shall be obtained from the Building Division.
13. That the property owner shall be required to implement appropriate non-structural Best Management
Practices (BMPs) (these may be found online at www.cabbmphandbooks.com). The selected BMPs
shall be implemented and maintained to minimize the introduction of pollutants to the stormwater
drainage system.
14. That the on-site landscaping and irrigation system shall be maintained in compliance with City
standards.
15. That 3-foot high address numbers shall be displayed on the roof in a contrasting color to the roof
material. The numbers shall not be visible from the view of the street or adjacent and nearby
properties.
16. That within sixty (60) days from the date of this resolution the legal owner of subject property shall
submit an unsubordinated covenant or other documentation to provide 166 parking spaces from
properties in the immediate vicinity as approved by the Traffic and Transportation Manager, the Zoning
Division Manager and the City Attorney. Each of these agreements shall be for the period of time of
the Conditional Use Permit. Said covenant(s) or other acceptable documentation shall be in a form
satisfactory to the City Attorney, then recorded in the Office of the Orange County Recorder. A copy of
the recorded covenant(s) or other documentation shall be submitted to the Zoning Division.
17. That the property owner shall file an Emergency Listing Card; Form APD-281, with the Police
Department, available at the Police Department front counter.
18. That subject property shallbe maintained substantially in accordance with plans and specifications
- submitted #o the City of Anaheim by the petitioner and which plans are on file with the Planning
pepartment marked Exhibit Nos. 1, 2 and 3 and as conditioned herein.
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19. That at all times when off-site parking is being utilized by the church, parking attendants shall be
employed to safely direct church patrons to available parking spaces.
20. That within a period of sixty (60) days from the date of this resolution, Condition Nos. 12, 13, 15, 16, 17
and 18, above-mentioned, shall be complied with. Extensions for further time to complete said
conditions maybe granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
21. 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 applicab-e 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 a11 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, '.
arld any approvals herein contained, 'shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May
17, 2004.'' Said resolution is subject to the appeal provisions se forth in Chapter 18.03, "Zoning provisions -
General" of the Anaheim Municipal Code pertaining to appeal ocedures and may be replaced by a City .
Council Resolution in the event of an appeal. `
HAIRPERSON, ANAHEIM CITY PLAN ING COMMISSION'
ATT T:
SENIOR ETARY, 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 May 17, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL,
NOES: COMMISSIONERS: ROMERO, VANDERBILT-LINARES
ABSENT: COMMISSIONERS: BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this 1} ~ day of
, 2004.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION