Resolution-PC 2006-68~ •
RESOLUTION NO. PC2006-68
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETI710N FOR CONDITIONAL USE PERMIT NO. 2006-05106 BE GRANTED
(5464 EAST LA PALMA AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City ofiAnaheim, County of Orange, State of California,
described as:
PARCEL A: PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CAUFORNIA, AS SHOWN ON THAT CERTAIN LOTlINE ADJUSTMENT PLAT NO.
141, RECORDED MARCH 6, 1986 AS iNSTRUMENT NO: 86-090569 ,OF OFFICIAL
RECORDS OF ORANGE COUNTY, CALIFORNIA.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on July 24, 2006, at 2:30 p.m., notice of said public hearing having been duly given as
required by iaw 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
,WHEREAS, said Commission, after due inspection, investigation and study madeby 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 church is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section Na 18.120A70.050.0511 with the following waiver:
SECTION NO. 18.42.040.010 Minimum number of parkinct spaces
203 required; 154 existing)
2. That the parking waiver is hereby approved based upon the parking analysis prepared by
the City's Independent Traffic Engineer providing evidence that adequate parking exists on the property for
the combination of uses on the site;
3. That the parking waiver, under the conditions imposed, will not cause fewer off-street
parking spaces to be provided for such use than the number of spaces necessary to accommodate all
vehicles attributable to such use under the normal and reasonable foreseeable conditions of operation of
such use; because su~cient parking spaces will be available immediately surrounding the building for the
church uses both on Sunday, weekdays, and weeknights, the gym, and the vehicular storage, and there will
not fewer off-street parking spaces available for the uses than provided on-site;
4. That the parking wavier, under the conditions imposed; will not increase traffic congestion or
demand and competition for parking spaces upon the public street in the immediate vicinity of the use
because there is no existing on-street parking available along the frontage of East La Palma Avenue. All
parking for this site will be accommodated within the off-street parking lot;
5. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use
as all parking spaces will be provided immediately surrounding the building. As indicated by the study, no
demand for parking on adjacent private property is anticipated;
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6. That the parking waiver, under the conditions imposed, will not impede vehicular ingress or
, egressfrom adjacent properties upon thepublic streets in the immediate vicinity of the proposed use.
Furthermore, it has been determined by the parking study that adequate on-site parking spaces are
provided;
7. That #he use will not adversely affect the. adjoining land uses or the growth and development
of the area in which it is proposed to be located as the parking study has demonstrated that the site can
accommodate the combined uses on-site and the existing land uses in the'area are light industrial to office
uses;~
8. That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposed use as conditioned, in a manner not detrimental to the particular area nor to
the health and safety:
9. That the traffic generated by the proposed use will not impose and undue burden upon the
streets and highways designed and improved to carry the traffic in the area based on the findings of the
parking study that indicate that adequate parking would be provided on-site and the area is already
developed with office type uses in the vicinity.
10. Thaf the granting of 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 because the proposed use is
compatible with existing land uses in #he area, and will primarily be operating when other businesses are
closed.
11. 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 AC7 FINDING: That the Anaheim Planning
Commission has reviewed the proposal; 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 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 establishment shall be operated as a church only. If at any such time the operational
characteristics of the church change, a detailed description of the operational changes shall be submitted
for review by the City's Traffic and Parking Consultant to determine if the changes would cause fewer off-
street parking spaces to be provided than the number of spaces provided on site. If it is determined the
expected demand is greater than the spaces provided on site, an application for modification of the
conditional use permit shall be submitted to the Planning Services Division for approval by the Planning
Commission.
2. That church operations, with the exception of the administrative office, shall be limited to the following:
(a) Church Services: Sunday: 8 AM -12:00 PM
Tuesday & Wednesday: 7:30 - 9:00 PM
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3. That this facility shall not be used as a private daycare, nursery, elementary,'junior and/or senior high
schooL Said information shallbe specifically shown on plans submitted for building permits.
- 4. That no portable signs shall be utilized to advertise the church.
5. That signage shall be limited to one wall sign as permitted by code. Any additional signs shall be
submitted to the Planning Services Division for review and approvaL Any decision by staff regarding
signs may be appealed to the Planning Gommission as a`Report and Recommendation' item.
6. That the property shall be permanently maintained in an orderly fashion through the provisions of regular
fandscaping maintenance, removal of trash or debris; and removaL of graffiti within twenty four (24) hours
from time of discovery.
7. That plans showing the existing building conditions and the applicable building codes for the church,
shalf be submitted to the Building DiVision for review and approval to ensure compliance with such
Building Safety Code requiremenf (i.e., sxisting requirements and occupancy loads). Said plans shall be
prepared by a licensed architecf and/or engineer.
8. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards.
9. That at no time shall there be any outdoor storage on the site for the church.
10. That four (4) foot high address numbers shall be displayed that on the roof of the building in contrasting
color3o the roof material. The numbers shall not be visible to adjacent and nearby streets or propedies.
Said information shall be specifically shown on plans submitted to the Police Department, Community
Services Division, for review and approvaL
11. That if an alarm system is installed, a Burglary/RobberyAlarm Permit application, Form APD 516, shall
be completed and submitted to the Police Department prior to initial alarm activation. This form is
available at the Police Department front counter.
12. That a Fire Emergency Listing Card, Form APD-281, shall be completed and submitted to the Police
Department. The form is available at the Police Department front counter.
13. That the parking area shall be re-striped in conformance with City Standard Detail Nos. 436-G and 470.
14. That the subject property shall be developed substantially in accordance with the plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the
Planning Department Exhibit Nos. 1 and 2 as conditioned herein.
15. 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. 7 and 10, above-mentioned, sha11 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
16. That prior to final building and zoning inspections, Condition Nos. 12, 13, and 14 above-mentioned, shall
be complied with.
17. That timing for compliance with conditions of approval may be amended by the Planning Director upon a
showing of good cause provided (i) equivalent timing is established that satisfies the original intent and
purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the
applicant has demonstrated significant progress toward establishment of the use or approved
development.
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18. 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 appiicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determinethat adoption of this Resolution is expressly predicated upon applicant's compliance with each and
alf 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.
BElT FURTHER RESOLVED that the applicant is responsible forpaying all charges related
to the processing of this discretionary case application within 15 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 all 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
July 24, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - GeneraP' of the Anaheim Municipal Code pertaining to appe rocedures and may be replaced
by a City Council Resolution in the event of an appeal.
~,,.~~ CHA{RMAN, ANAH ~ PLANNING COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CAUFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 July 24, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BUFFA
~ IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2006.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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