Resolution-PC 2004-60~ •
RESOLUTION NO. PC2004-60
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04845 BE GRANTED
(220 EAST PALAIS ROAD)
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 1 OF THAT CERTAIN LOTIINE ADJUS7MENT NO. 00000548, IN THE CITY
OF ANAHEIM, COUNTY OF ORANGE; STATE OF CALIFORNIA, RECORDED
NOVEMBER 21, 2003 AS INSTRUMENT NO. 2003001416308 OF OFFICIAL
RECORDS.
, WHEREAS, the City Planning Commission did hold a pubiic hearing at the Civic Center in
the City of Anaheim on May 17, 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
WHEREAS, said Commission, after due inspection, investigation and studymade 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 18.44.050.130 to wit: to establish a church within an existing industrial
building with waiver of the following:
SECTION NO. 18.06.050.0266 - Minimum number of parkinq spaces
94 spaces required; 85 proposed and recommended by the
City Traffic and Transportation Manager)
2. That the subject property is developed with an vacant industrial building and parking lot,
formerly used as a storage lot for Super Shuttle vehicles; that the zoning is ML; and that the Anaheim
General Plan Land Use Element designates the site for General Commercial land uses.
3. That the waiver will not, under the conditions imposed and based on the conclusions contained
in the parking letter submitted by the petitioner, cause fewer off-street parking spaces to be available for the
church and other on-site activities provided the church adheres to the assumptions contained in the parking
letter and the hours of operation because the parking letter indicates that the peak parking demand for off-
street parking spaces would be accommodated by the number of available on-site spaces 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; that the parking lot would be physically separated from adjacent
properties; 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 wiil 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. 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. _
8. 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.
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 nof be detrimental
to the peace, health, safety and general welfare of the citizens of the Cify of 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 ML Zone.
11. That one person indicated their presence at said public hearing in opposition to the waiver of
minimum number of parking spaces; and that no correspondence was received in opposition to the subject
petition.
CALIFORNIA ENVIRONMENTAL QUAUTY ACT FINDING That the Anaheim City Planning
Commission has reviewed the proposal to establish a church within an existing industrial building with waiver
of minimum number of parking spaces on an irregularly-shaped, 1.5-acre property and does hereby approve
the Negative Declaration upon finding thaf 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 church services and felfowship shali be limited Sundays, between the hours of 9:00 a.m. and 1:30
p.m., as sfipulated by the petitioner in the letter of operation dated March 15, 2004.
2. That no portable signs shal! be utilized to advertise the church.
3. That signage shall be limited to one monument sign and two (2) wall signs as shown on Exhibit No. 5,
and shall be subject to final sign plan review and approval by the Zoning Division. Any additional signs
shall be submitted to the Zoning Division for review and approval. Any decision by staff regarding
signs may be appealed to the Planning Commission as a`Reports and Recommendations' item.
4. That the only accessory schoof activity shall be Sunday school, and this facility shall not be used as a
private daycare, nursery, elementary, junior and/or senior high school.
5. That the property shaN 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.
6. That at no time shall there be any outdoor storage on the site.
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7. . 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 pians shall be
prepared by a licensed architect and/or engineer.
8. Deleted at the public hearing. `
~ 9. ~hat the on-site landscaping and irrigation system shall be maintained in compliance with City
standards.
10. - That four (4) foothigh 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 adjacent and nearby streets or
properties: Said information shall be specifically shown on plans submitted to the Police Department,
Community Services Division, for review and approvaL
11. That plans shall be submitted to the City Traffic and Transportation Manager for his review and
approval showing'conformance with the current version of Engineering Standard Plan Nos. 436, 601
and 602 pertaining to parking standards and driveway Iocations. Subject property shall thereupon be
developed and maintained in conformance with said plans. '
- 12. That the water backflow equipment and any other large water system equipment shall be installed to
the satisfaction of the Water Utility Division behind #he street setback area in a manner fully screened
from all public streets and alleys. Said information shall be specifically shown on the plans submitted :
for building permits.
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13. That a double trash enclosure shall be provided and maintained in a location acceptabfe to the Public
Works' Department, Streets and Sanitation Division and in accordance with approved plans on file with
said Department. Said storage areas shall be designed, located and screened so as not to be readily
identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from
graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines planted
on maximum 3-foot centers or tall shrubbery. Said information shall be specifically shown on the plans ,
submitted for building permits.
14. 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
15. 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 5, and as conditioned herein.
16. That final fencing plans shall be submitted to the Zoning Division for review and approval that show a
reduction in the height of the block wall along Anaheim Boulevard to increase visibility into the site; and
to remove the chain link fence along Palais Road to be replaced with a wrought iron fence.
17. That the applicant shall submit street improvement plans to the Public Works Department to construct
curb, gutter, parkway and sidewalk along Palais Road in conformance with Public Work's Standard
Detail No. ~4-,4160-A and that a bond shall be posted to the guarantee said improvements prior to
the issuing of the building permit. The improvements shall be constructed prior to occupancy.
18. That prior to issuance of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 7, 10, 11, 12, 13, 14, 16 and 17, above-mentioned,
shall be complied with. Extensions for further time to complete said conditions may be granted in
accordance with Section 18.03.090 (Time Limit for Amendments, Conditional Use Permits,
Administrative Use Permits, Variances and Administrative Adjustments) of the Anaheim Municipal
Code.
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19. That prior to final building and zoning inspections, Condition Nos. 15 and 17, above-mentioned, shall
be compiied with.
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 appiicable 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
May 17, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.03, "Zoning
Provisions - Generai" of the Anaheim Municipal Code pertaining to peal procedures and may be replaced
by a City Council Resolution in the event of an appeaL
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HAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
ARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CAUFORNIA )
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: EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: BOSTWICK, BUFFA
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2004.
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SENIOR SECRETARY,
EIM CITY PLANNING COMMISSION
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