Resolution-PC 2005-12s
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RESOLUTION NO. PC2005-12
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
`AMENDING EXHIBITS AND CERTAW CONDITIONS OF APPROVAL OF
RESOLUTION NOS. PC96-3 AND PC2002-133 ADOPTED 1N CONNECTION WITH
CONDITIONAL USE PERMIT NO.'3816
(101-151 EAST ORANGETHORPE AVENUE)
WHEREAS, on January 8, 1996, the Anaheim Planning Commission did, by its Resolution Na
PC96-3, grant Conditional Use Permit Na 3816 to permit a church in an existing office/industrial building with
waiver of minimum number of parking spaces.
WHEREAS, on September 9, 2002, the Anaheim Planning Commission did, by its Resolution
No. PC2002-133, grant the modification of Condifional Use Permit No. 3816 to permit the' reconfiguration of
the interior of the church building thereby deleting the previously-approved parking waiver.
WHEREAS, Resolution No. PC2002-133, adopted in connection with subject use permit, '
includes the following condition of approvaL
"4. That the subject property shall be devefoped 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 Revision Na 1 of Exhibit Nos. 1 and 2."
WHEREAS, the property is currently developed with three office/industrial buildings and is ,
zoned I(Industrial). The Anaheim General Plan Land Use Element Map designafes this property for General
Commercial land uses, and is situated in the City of Anaheim, County of Orange, State of California,
described as
PARCEL A: PARCELS 1 AND 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 10, PAGES 37 OF PARCEL MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OFSAID COUNTY.
PARCEL B: THE WEST 100.00 FEET OF THE EAST 395.34 FEET OF THE SOUTH 10
ACRES OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
34, TOWNSHIP 3 SOUTH, RANGE 10 WEST IN THE RANCHO SAN JUAN CAJON, AS
SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 7 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA
PARCEL C: THE EASTERLY 295.34 FEET OF THE SOUTH 100.00 FEET OF THE
SOUTH 10.00 ACRES OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 34, TOWNSHIP 3 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN
CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 7 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY
WHEREAS, the petitioner has requested to amend said condition of approval to facilitate the
expansion of the existing church facility onto two (2) adjacent properties to the east; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the Ciry
of Anaheim on January 10, 2005, at 2:00 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
"Procedures", to hear and consider evidence for and against said proposed modification to the conditional
use permit and to investigate and make findings and recommendations in connection therewith; and
CR\PC2005-012 '-1- PC2005-'f2
(Tracking No. CUP2004-04942)
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WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of alf 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 Sections 18.10.030.040 and 18.44.050.0105to amend'exhibits for a previously-
approved church to expand an existing church onto two (2) adjacent properties and to permit a wall mural.
2. That the proposed use, as conditioned, will not adversely affect the adjoining land uses and
fhe growth and development of the area in which it is proposed to be located based on the site design, on-
site parking, and location of the site relative to adjacent uses;
3. That the size and shape of the site containing the existing church and the proposed expansion
is adequate to allow the full development of the proposed church campus accommodating both primary and
accessory uses proposed on site in a manner not detrimenta! to the particular area nor to the health, and
safety.
4. That the traffic generated by the proposed use would not impose an undue burden upon the
streets and highways designed and improved to carry traffic in the area'due to the fact that the expansion
involves two (2) buildings that would be for accessory Sunday school classes and youth activities secondary
to the main assembly and services held on site for the children and'existing church members.
5. That the proposed use, as conditioned, would not adversely affect the adjoining land uses and
the growth and development of this area based on the compatibility of the site' design and the intended use'
of the church would not conflict with the adjoining commercial and industrial land uses.
' 6. That no one indicated their presence at said public hearing in opposition; and #hat no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to amend exhibits for a previously-approved church to expand an
existing church and does hereby find that the Negative Declaration previously approved in connection with
Conditional Use Permit No. 3816 is adequate to serve as the required environmental documentation in
connection with this request 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 Planning Commission does hereby
amend, in their entirety, the conditions contained in Resolution Nos. PC96-3 and PC2002-133 to read as -
follows:
1. That an on-site trash truck turn around area shall be provided per Engineering Standard Detail No. 610
and shown on plans submitted to the Department of Public Works, Street Sweeping and Sanitation
Division for review and approval. Said information shall be specifically shown on plans submitted for
building permits. .
2. That any tree and/or landscaping planted on-site shall be replaced in a timely manner in the event that
it is removed, damaged, diseased and/or dead; and that the on-site irrigation system shall be
maintained in accordance with City standards.
3. 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.
4. That any required relocation of City electrical facilities shall be at the developer's expense.
-2- PC2005-12
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5. That trash storage areas shall be 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 public rights-of-way. :
6. That this church facility shall not include any child day care, pre-school or private school activities
unless a conditional use permit granting such uses is approved by,the Pfanning Commission:
, 7. That any new signage shall be submitted to the Planning Services Division for review and approvaL
Any decision by staff may be appealed to the Planning Commission as a`Reports and
Recommendations" item. All signage shall comply with Chapter 18.44 pertaining to signs.
8. That no portable signage shall be utilized to advertise the church.
9. That the bookstore shall be utilized as an accessory use primarily for members of the church, and no
advertising to the general public shall be visible to Orangethorpe Avenue.
10. That no outdoor events shall be allowed unless a Special Event Permit is issued by the Planning
Services Division of the Planning Department. -
11. That a final landscape plan shall be submitted to the Planning Services Division for review and
approvaL Said plan shall incorporate minimum 24-inch box sized and/or minimum 8-10 foot brown
trunk height trees. A total of forty (40) trees shall be required within the existing street setback for the
entire street frontage of the expanded church campus.
12. That no required parking shall be fenced or otherwise enclosed for outdoor storage uses.
13. That the number of congregates on site at any one time shall be limited to five hundred (500) persons.
If the number of congregants exceeds five hundred (500) members at any one time, the applicant
shall then submit a parking management plan to the City Traffic and Transportation Manager for review
and approvaL
14. That separate simultaneous assembly events shall not occur on the property other than accessory
activities associated with the church as described in the submitted letter of operation dated, November
23, 2004
15. That due to the change in building occupancy, plans shall be submitted to the Building Division
showing compliance with the Uniform Building Code pertaining to assembly uses.
16. 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(Revision No. 2) 2, 3, 4, 5, 6 and 7, and as conditioned herein.
17. That prior to issuance of a building permit, or prior to 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,
Condition Nos. 1, 5, 12 and 16, above-mentioned, shall be complied with. Extensions for further time '
to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim
Municipal Code.
18. That prior to final Building and Zoning inspections, Condition No. 17, above-mentioned, shall be
complied with.
19. 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.
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BE IT FURTHERRESOLVED that the Anaheim 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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the
processing of this discretionary case application within 7 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 alf 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
January 10, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60,
"Procedures" of the Anaheim Municipal Code pertaining to appeal roced and m y be replaced by a City
Council Resolution in the event of an appeal.
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CHAIR , AN ElM PCA NING COMMISSION
ATT ST: _
ENI R SECRETARY, ANAHEIM PLANNING COMMISSION
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 at a meeting of the Anaheim Planning Commission held on '
January 10, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: O'CONNELL
VACANT: COMMISSIONERS: ONE VACANCY
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IN WITNESS WHEREOF, I have hereunto set my hand this cJ ~' day of
, 2005.
ENI R SECRETARY, ANAHEIM PLANNING COMMISSION