Resolution-PC 2004-69~ ~
RESOLUTION NO. PC2004-69
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2004-04858 BE GRANTED
(520 N. BROOKHURST STREET)
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 NO. 2, AS SHOWN ON A MAP FILED W BOOK 85, PAGES 4 AND 5 OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF`ORANGE COUNTY,
CAUFORNIA. _
W HEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 28, 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 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 18.44.050.130 to permit a church within an existing office building with
waiver of the following:
SECTION NO. 18.06.050.0266 - Minimum number of parkina spaces
_ AND 18.44.066.050 (138 required; 115 proposed and recommended by
the Traffic and Transportation Manager)
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 foreseeable conditions of operation of such use.
That the parking study indicates that the project would contain a sufficient supply of parking spaces to
accommodate the church by utilizing on-site parking spaces and differing peak times than the office uses.
The study identified a peak demand of 52 spaces on Thursday and 33 spaces on Sunday, confirming that
the existing supply of 115 spaces is adequate for the combined uses on the property. '
3. That the waiver, under the conditions imposed, will not increase demand for parking on any
streets in the vicinity of the proposed use.
That the parking study and the analysis for the project indicate that sufficient off-street parking is provided so
that the adjacent public street parking would not be necessary.
4. That the waiver, under the conditions imposed, will not cause any demand for parking on
private property in the vicinity.
That an adequate supply of parking is provided on the site and all project related parking is expected to
occur on the parceL
5. ~That the waiver, under the conditions imposed, will not increase traffic congestion within the
off-street parking areas or lots provided for such use. ,
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That traffic and parking congestion will not occur because the oyerall demand for parking at the site is lower
, than the amount,of parking provided and a surplus of parking spaces is expected to exist on the site at all
times. ,
6. Thatthe waiver, under the conditions imposed, will not impede vehicular ingress or egress
from adjacent properties upon the public streets in the immediateVicinity of the proposed use.
That the project is not expected to result in the increased demand for on-street parking within the vicinity of
any:driveways or other location in the project vicinity. Sight lines and turning areas for existing driveways at
public streets will be unaffected byparking for the proposed project.
7. That the proposed use is properly one for which a conditional use permit is authorized by the
Zoning Code.
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 as the operational characteristics of the church
are complementary to adjacent land uses.
9. That the size and shape of the site for`the proposed use is adequate to allow the full
development of the 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 upon 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, 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. `
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to permit 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 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 #hat 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 no outdoor special events shall be permitted in connection with the church.
2. That trash storage areas shall be refu~bished to comply with approved plans on file with the Public
Works Department and that trash enclosure gates shall be added to the existing enclosure. Said
information shall be specifically shown on plans submitted for Public Works Department, Streets and
Sanitation Divisions approvaL
3. 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 locations. Subject property shall thereupon be
developed and maintained in conformance with said plans.
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4. That the hours of operation shall be limited to Sunday from 9 a.m. to 10 p.m. and Monday through
Saturday from 7:00 p.m. to 9:00 p.m. as stipulated by the petitioner. All church activities shall end
before 10p.m., except on special church ho~idays.
5. That all existing mature landscaping shall be maintained and immediately replaced in the event that if
becomes diseased or dies.
6. That the proposal shall comply with all signing requirements of the CL (BCC) Zone unless a variance
alfowing a sign waiver is approved by the Planning Commission. Any new signage shall be submitted
to the Zoning Division for review and'approval. Any staff decision regarding said signage may be
appealed to the Planning Commission as a`Reports°andRecommendations" item.
7. That no bells audible from the exterior of the building shall be permitted. -
8. That a special event permit may be issue for'banners only. '
9. That if the number of congregates exceeds the number specified in this report, the petitioner shall then
submit an updated parking study to the Traffic'and Transportation Manager for review and approval,
prior to review and approval by the Planning Commission at a noticed public hearing. ''
10: That gates may not be installed across any driveway that may adversely affect vehicular traffic in the
adjacent public streets. Installation of any gates shall conform to Engineering Standard Plan No. 609
and shall be subject to the review and approval of the City Traffic and Transportation Manager.
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 firom time
of occurrence.
12. That no unscreened roof-mounted equipment shall be permitted.
13. That there shall be no accessory day care facilities or private schools permitted on this property.
14. That a landscape plan shall be submitted to the Zoning Division for review and approval. Said plan
shall incorporate one (1) tree per twenty (20) feet of street frontage for a total of thirteen (13) trees on
Brookhurst Street and twelve (12) trees on Valley Street. All trees shall be minimum 24-inch box in size
and planted and maintained in a healthy manner.
15. That 4-foot high address number 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. Said information shall be specifically shown on plans submitted for Police Department,
Community Services Division approvaL
16. That only the assembly area shown on approved exhibits shall be utilized as church assembly area.
17. That a Burglary/Robbery Alarm permit application, Form APD-516 and an Emergency Listing Card
Form APD-281 shall be completed and retumed to the Police 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 through 3, and as conditioned herein.
19. That prior to the 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, Gondition Nos. 2, 3, 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.
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20. That approval of this application constitutes approval of the proposed request only to the extent that if
complies with the Anaheim Municipal Zoning Code and any other applicabie 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 appficant'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, shalf be deemed null and void. ;
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of -
June28, 2004. Said resolution is subject to the appeal provisions set fiorth in Chapter 18.03, "Zoning
Provisions - GeneraP' of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced :
by a City Council Resolution in the event of an appeaL `
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CHAI ERSON, ANAH IM CITY'PLANNING COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM CITY PCANNING,COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OFANAHEIM )
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 June 28, 2004, by the following vote of the members thereofi
AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, O'CONNELL, ROMERO
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: FLORES, VANDERBILl"-LINARES
IN WITNESS WHEREOF, I have hereunto set my hand this gT''~` day of
J , 2004.
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION `