Resolution-PC 2004-91~ ~
RESOLUTION N0: PC2004-91
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2004-04857 BE GRANTED
(3026 WEST BALL 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 2 AS SHOWN ON PARCEL MAP RECORDED 1N BOOK'71, PAGES 23 T0 24,
FILED AUGUST 6, 1975, BEING A PORTION OF THE NORTH 1/2 OF THE NORTHEAST 1/4
OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 23, TOWNSHIP 4
SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA. '
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on August 9, 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 18.60, 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 August
23, 2004.
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 petitioner proposes to permit a church within an existing residence with a separate
accessory pastor's quarters with waivers of the following:
(a) SECTION NO. 18.04.040.040
(b) SECTION NO. 18.42.040.010
Minimum setback for institutional uses
abuttinq a residential zone boundarv
(15 foot wide setback required; 6 feet existing
adjacent to the building and 6 feet proposed adjacent
to the parking area) .
Minimum number of parkinq spaces (DELETED)
2. That the waiver for minimum setback for a church use abutting a residential zone boundary is
hereby approved based upon findings by the Commission that the irregular shape and narrow width of the
property makes compliance with the required setback adjacent to the condominiums difficult.
3. That the proposed use as conditioned herein will not adversely affect the adjoining land uses and
the growth and development of the area in which it is located based on the one (1) year time limit, the limited
hours of operation and the restriction on the number of congregates.
4. That the size and shape of the site proposed for the use is adequate to allow full development of
the proposal in a manner not detrimental to the particular area nor to the health and safety provided the
conditions of approval are implemented, including a landscape buffer adjacent to the west property line to
protect the condominiums and a lighting plan to minimize light and glare impacts.
5. 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.
6. That granting the conditional use permit, under the conditions imposed, will not be detrimental to
the health and safety of the citizens of the City of Anaheim.
Cr\PC2004-091 -1- PC2004-91 :
• ~
7. That 1 person indicated their presence at said public hearing in opposition citing parking
concerns; and that no letters were received in opposition to the subject petition. A person spoke unrelated to
the subject request.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposa! to permit a church within an existing residence with a separate
accessory pastor's quarters with waivers of minimum structural setback and minimum number of parking
spaces (deleted); 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 1T 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 necessaryprerequisite 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 the church is approved for a period of one (1) year, to expire on August 23, 2005.
2. 7hat the hours of operation shall be limited to two services on Sunday no earlier than 10:00 a.m. and
prayer meetings on Wednesdays from 8:00 p.m. -10:00 p.m.
3. That the number of persons in the congregation at any one time that are driving age (sixteen (16) years
of age and over) shall be limited to forty (40) persons. If the number of such congregates exceeds 40
members, at any one time, the applicant shall then submit a parking management plan to the Traffic and
Transportation Manager for review and approval at a noticed public hearing.
4. That church activities shalf end before 10 p.m., except on special church hofidays (not exceeding ten (10)
days per year).
5. That no outdoor services shall be permitted. All services shall be conducted within the building at all
times.
6 That Building A shall only be used as a pastor's residence with no church uses (i.e., office uses) for the
church. If Building A is used for any church purposes, this Conditional Use Permit shall be amended at a
noticed public hearing to include the additional square footage of the residence.
7. That gates shall not be installed across any driveway in a manner, which may adversely affect vehicular
traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan
No. 475 and shall be subject to the review and approval of the City Traffic and Transportation Manager.
8. 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 and 470 pertaining
to parking standards and driveway locations. Subject property shall thereupon be developed and
maintained in conformance with said plans.
9. That the driveway on Ball Road shall be reconstructed to accommodate ten (10) foot radius curb returns
in conformance with Engineering Department Standard No. 115. Said information shall be specifically
shown on plans submitted for building permits.
10. 7his condition was deleted at the public hearing.
11. That trash storage areas shall be provided and maintained in a location acceptable 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
-2- PC2004-91
! ~~
on maximum 3-foot centers or tall shrubbery. Said information shall be specifically shown on the plans
submitted for buiiding permits. The,revised trash enclosure location requires Planning Department and
Public Works Department, Streets and Sanitation bivision approvaL
12. " That any water backflow equipment and any otherlarge water system equipment shall be installed to the
satisfaction of the Water Utility Division behind the street setback area in a manner fully screened from aIL
public streets and alleys.
13. That all requests for.new water services or fire lines, as well as anymodifications, relocations, or
abandonments of existing water services and fire lines, shall be coordinated through the Water
Engineering Division of the Anaheim Public Utilities Department.
14. That address numbers shall be placed on the building as to be readily visible from Ball Road in order to
facilitate emergency vehicle response. Said information shall be specifically shown on plans submitted
for building permits.
15. That adequate lighting of parking lots, driveways, circulation areas, and grounds contiguous to buildings
shall be provided with decorative lighting of sufficient wattage to provide adequate illumination to make
' clearly visiblethe presence of any person on or about the premises during the hours of darkness and
provide a safe, secure environment for all persons, property and vehicles onsite and shall not
unreasonably illuminate the windows of the adjacent residences. That the minimum lighting 4evel in the
parking lot shall be one-foot candle, with a maximum to minimum ratio no greater than 15:1 and the light
standards shall not exceed a height of 12 feet. Said information shall be specifically shown on plans
submitted for Police Department, Community Services Division approval.
16. That a Burglar/Robbery Alarm permit application, Form APD 515 shall be obtained from the Police
Department and submitted in a complete form.
17. That a Fire Emergency Listing Card; Form APD-281 shall be obtained from the Police Department and
submitted in a complete form.
18. That prior to the start of any parking lot construction activities the applicant shall submit a Water Quality
Management Plan (WQMP) prepared by a registered professional Civil Engineer in the State of California
consistent with the requirements of Section 7 and Exhibit 7.11 of the Orange County Drainage Area
Management Plan (DAMP) for New Development/Significant Redevelopment projects. The WQMP shall:
identify potential sources of pollutants during the long-term on-going maintenance and use of the
proposed project that could affect the quality of the stormwater runoff from the project site; define Source
Control, Site Design, and treatment Control(if applicabfe) best management practices (BMP's) to contro!
or eliminate the discharge of pollutants into the surface water runoff; and provide a monitoring program to
address the long-term implementation of and compliance with the defined BMP's.
19. That prior to the start of any parking lot construction activities, the applicant shall submit a Grading Plan
prepared by a registered professional Civil Engineer in the State of California consistent with the
requirements of Chapter 17.04 of the Anaheim Municipal Code. The grading plan shall be submitted to
the Department of Public Works, Development Services Division for review and approval. A grading
permit is required for cut or fills exceeding 500 cubic yards. Allow at least 8 weeks to obtain a grading
perm it.
20. That a landscape plan for the entire site shall be submitted to the Planning Services Division of the
Planning Department indicating type, size and location of existing and proposed refurbished landscaping
and irrigation for review and approval. Any decision by staff regarding the landscaping may be appealed
to the Planning Commission as a Reports and Recommendations item. Once approved, the landscaping
shall be installed and maintained in accordance with the plan.
21. 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
Departmenf marked Exhibits Nos. 1, 2 and 3, and as conditioned herein.
-3- PC2004-91
~
~
22. That prior to issuance of a building permit, commencement of the activity authorized by this resolution or
within a period of one (1) from the date of this resolution, whichever occurs first, Condition Nos: 8, 9, 11,
14, 15, 18; 19 and 20 above-mentioned shall be complied with. Extensions for further time to complete
said conditions may be granted in accordance with Section 18.40.040.040 and 18.42.040.010 of the
Anaheim Municipal Code.
23. That prior to final building and zoning inspections or commencement of the activity authorized by this
resolution, Condition Nos. 12, 16, 17 and 21, asmentioned, shall be complied with.
24. 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 appficable 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 anypart 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 August
23, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures", "Zoning
Provisions - General" of the Anaheim Municipal Code pe ' ing to appeal procedures and may be replaced by'
a City Council Resolution in the event of an appeal. .
~ ~ ~~
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
~po-~-~-` r~~o
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 August 23, 2004, by the following vote of the members thereof:
AYES: COMMISSfONERS: EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES,
VELASQUEZ
NOES: COMMISSiONERS: BUFFA
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of e d
2004.
~
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION .
-4- PC2004-91