Resolution-PC 2006-8• !
RESO~.UT,ION NO. P,C2006-8
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONALUSE PERMIT NO. 2005-05042 BE GRANTED
WHEREAS, the Anaheim 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 PARCEL MAP NO 87=150 IN THE CITY OF ANAHEIM, COUNTY OF
, ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 239 PAGES
48 TO 50 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on January,9, 2006; at 2:30 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
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 condifional use' permit is authorized by
Anaheim Municipal Code Section 18.120.070.050.0511 with the following waiver:
SECTION NO. 18.42.040.010 Minimum number of qarkinq s~aces
478 required; 415 existing)
2. That the parking waiver is hereby approved based upon a 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, if any, 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 reasonable foreseeable conditions of operation of
such use; as stipulated by the Zoning Code, where the church is not the exclusive use of the property,
church assembly can not occur before 6:00 p.m. except for church office activities. During the church hours
of operation, 386 parking spaces would be available on-site.
4. That the parking waiver, under the conditions imposed, if any, will not increase traffic
congestion will not increase the demand and competition for parking spaces upon the public street in the
immediate vicinity of the use in that there is no existing on-street parking available along the project frontage
on La Palma Avenue or Manassero Street. All parking for this site will be accommodated within the off-streef
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 will be provided immediately surrounding Building 4(subject use), along the north and east
sides of the building, accessed via Manassero Street. As indicated by the study, no demand for parking on
adjacent private property is anticipated.
6. That the parking waiver, under the conditions imposed if any, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the
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proposed use. Furthermore, it has been determined by the parking study that adequate on-site parking
spaces are being provided.
7. That the 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 asthe parking study has demonstrated that the site can
accommodate the combined uses on site;
8. That the granting of the conditional use permit under the conditions imposed, if any, will not
be detrimental to the health and safety ofthe citizens of the City of Anaheim:
9. 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 Planning
Commission has reviewed the proposal to establish a 4,800 square foot church in an existing industrial/office
complex with waiver,of minimum number of parking spaces, and does hereby approve the Negative
Declaration upon finding that the declaration reflectsthe independent judgment of the lead agency and that it '
has considered the Negative Declaration together with any comments received during the publicxeview
process and further finding on the basis of the initial study and any comments received #hat 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#he Planning Commission.
2. 7hat church operations, with the exception of the administrative office, shall be limited to the following:
(a) Church Services: Sunday 10:00 a.m. and 11:30 a.m.
(b) Bible Study Week nights 6:00 p.m. to 9:00 p.m. -
3. 7hat this facility shall not be used as a private daycare, nursery, elementary, junior and/or senior high
schooL Said information shall be specifically shown on plans submitted for building permits.
4. That all church activity, including the use of the parking lot, shall cease by 10:00 p.m., daily.
5. That no portable signs shall be utilized to advertise the church.
6. That signage shall be limited to two existing walls signs. 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 Commission as a Report and Recommendation' item.
7. 7hat the property shall be permanently maintained in an orderly fashion through the provisions of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four
(24) hours from time of occurrence.
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8. That plans showing the existing building conditions and the applicable building codes for the church,
shall be submitted to the Building Division for review and approval to ensure compliance with such
Building Safety Code requirement (i.e., existing requirements and occupancy loads). Said plans shall '
be prepared by a licensed architect'and/or engineer.
9. That the on-site landscaping and irrigation system shall be maintained in compliance with City
standards:
10. That at no time shall there be any outdoor storage on the site for the church.
11. That four (4) foot high address numbers shall be displayed on the roof of the building"in contrasting
color to the roof materiaf. 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
12. That the subject property shall be developed substantially in accordance with theplans and
specifications submitted to the City ofAnaheim by`the petitioner and which plans are on file with the
Planning Department Exhibit Nos. 1 and 2 as conditioned herein.
13. That prior to issuance of a building permit, or within a period of one (1) year from the date of this
~esolution; whichever occurs first, Condition Nos. 8'and 11, 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.
14. That prior to final building and zoning inspections, Condition Na` 12, above-mentioned, shall be
complied with. ,
15. 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.
BE IT FURTHER RESOLVED 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 }urisdiction, 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 15 days of the issuance of the final invoice or
prior to the commencement of the activity or 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
January 9, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to a pe cedure a be replaced
by a City Council Resolution in the event of an appeal.
CHAIRMA , ~4NA IM PLANNING COMMISSION
ATTEST:
~ ~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION ,
-3- PC2006-8
~ •
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, SeniorSecretary 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 9, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, PEREZ, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAINED: COMMISSIONERS: KARAKI
IN WITNESS WHEREOF, I have hereuntoset my hand this aZ; Le T-~day of
~~0. n ~ c~ r~, 2006. .
)'~''(~a~1~l•t~~ ,
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION