Resolution-PC 2006-92_
~ •
RESOLUTION NO.'PC2006-92 = `
A`RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
AMENDING RESOLUTION NO. PC88-163ADOPTED 1N CONNECTION WITH
CONDITIONAL USE RERMITNO.'3020
(2216 EAST SOUTH STREET)
WHEREAS, on June 20, 1988, the Anaheim City Planning Commission did, by its Resolution Na '
PC88-163, grant Conditional Use Permit No. 3020 to permit caretakers/ministers quarters for an existing
church; and included the following condition: -
"9. That the subject property shall be developed substantially in accordance with plans and
specifications on file with the City of Anaheim marked Exhibits Nos. 1 and 2."
' WHEREAS, the property is developed with a church and is within the T(Transition) Zone. The
Anaheim' General Rlan designates this property and all surrounding properties for Low Density Residential land '
uses; and is situated in the City of Anaheim, County of Orange, State of California, described as
PARCEL 4 OF PARCELMAP N0.:2000-253, AS PER MAP RECORDEDIN BOOK 330, PAGES 7
T0 9,'JNCLUSIVE,-0F PARCEL MAPS, RECORDS OF ORANGE COUNTY; CALIFORNIA:
EXCEPTING THEREFROM, THE SOUTHERLY 153 FEET OF SAIDPARCEL:'
_ WWEREAS, the applicant has requested an amendment to this condifional use permit to amend
exhibits for a previously approved church (Condition No: 9), to subdivide and establish a three-lot single family
residential subdivision; and
WHEREAS, the Planning Commission did hold a public hearing at the'Civic Center in the City of
Anaheim on October 30, 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 ~ndings and
recommendations in connection therewith; and
WHEREAS, said Commission, after due inspecfion;-ir5vestigation andstudy made by itselfand 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 request to amend exhibits for previously approved church (Condition No. 9), to
subdivide and establish a three-lot single family residential subdivision is properly one for which a conditional
use permit is authorized by Section 18.60.190.030 of the Zoning Code. ~ ,
2. That the remainder of the church property would be reconfigured to incorporate additional
landscaping adjacent to the new residential properties, and as conditioned, the applicant would enhance the
perimeter landscaping along both South and Priscilla Streets`(addition of trees/shrubs as necessary). The
requested amendments to the exhibits would not result in an intensification of the church, and would comply
with code with regard to parking and landscaping.
3. That the size and shape of the site for the use is adequate to allow the full development of the
proposed use in a manner not detrimental to the particular area or to the health and safety.
4. That no additional traffic would be generated by the proposed changes and therefore, would not
impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area.
5. That the granting of the modifications as recommended and under the conditions imposed will
notbe detrimental to the health and safety of the:citizens of the City of Anaheim; and
Cr\PC2006-92 -1- PC2006-92
~ •
6: That one person indicated their presence at said public hearing in opposition and also spoke on
behalf of another homeowner, and one person spoke with questions and that no correspondence was receiVed
in opposition to subject petition.
' CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning `
Commission has reviewed the proposal; and does hereby approve #he Negative Declaration upon finding that
the declaration reflects the independent judgment of the lead ageney and that it has considered theNegative :
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 Gity Planning Commission does
hereby amend Resolution No.PC88-163, adopted,in connection with Conditional Use Permit Na 3020, to
approVe the applicanYs request, to'amend exhibits for previously approved church (Condition No: 9), to -
subdivide and establish a three-lot single family residential subdivision; and -
. BE IT FURTHER RESOLVED that the conditions of approval in Resolution No. PC88-163 are
hereby amended and updated in their entirety to read as follows
Bold denotes modified or new condition
1. That final tandscape plans in comptiance with Zoning Code requirements for the subject property
shall be submitted to the Planning Department for review and approvaL Said plans shall show
minimum 24-inch box size trees or a minimum brown trunk height of 8 to 10 feet, shrubs,
" groundcover, and clinging vines to be planted in .layers on all walls visible from the public right-of-
way and within landscaped setbacks. The landscape material selected shall be appropriate to the
width of the planter area. Any decision madeby the Planning Department regarding said plan may
be appealed to the' Planning Commission as a Reports and Recommendations ifem. . All trees shall `;
be properly andprofessionally maintained by the property owner to ensure mature, healthy
growth. Such information shall be specifically shown on the plans submitted for building permits.
2. That any required relocation of City etectrical tacilities shall be at the deveioper's expense. That
landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall .
be shown on plans submitted for building permits
3. That gates shall not be installed across any driveway or private street in amanner which may
adversely affect vehicular traffic in the adjacent public street. That if gates are proposed, such
installation shall conform to Engineering Standard Plan Na 475 and shall be subject to the review
and approval of the City Traffic and Transportation Manager. Said information shall be specifically
shown on plans submitted for building permits.
4. That the devefoper shall submit grading plans to the Public Works Department, Development
Services Division and post a bond to guarantee that the street improvements are constructed_as
approved by the City Engineer. The improvements shall be constructed prior to final building and
zoning inspections.
5. That the developer shall include landscape and irrigation plans with the grading plan to the Public '
Works Department, Development Services Division to replace the 4' wide landscaped parkway that has
been filled in with concrete along South Street. The Developer shall reconstruct the sidewalk access
ramp at the corner to be in compliance with ADA requirements and Public Works Std Detail 111-2.
6. That the developer shall submit a cash payment in an amount determined by the City Engineer to be
sufficient to pay for the required street widening along South Street. The maximum cash payment will
be 3.125 times 100% of the traffic impact (estimate $761/ unit x 3 units x 3.125= $7,135). The cash
-2- PC2006=92
• •
payment shall be paid to fhe Public` Works Department, Development Services Division prior to
issuance of a building permit. The trafFic impact fee will be increased in August, 2007. '
7. That parkway landscaping and sidewalk shall be constructed with the parkway irrigation connected to
the 'on-site irrigation system and maintained by the property owner. A bond shaU be posted in an
amount approved by the City Engineer and a form approved by the City Attorney prior to ,issuance of a
building permit. A Right of Way'Construction Permit shall be obtained from #he Development Services
Division for all work performed in the right-of-way. The improvements shall be constructed prior to
final building'and zoning inspections.
8. That the developer shall submit improvement plans#o the Public Works Department, bevelopment
Services Division to construct an 8' wide landscaped parkway and 4' wide sidewalk adjacent to the
new church parking lot and new homes along Priscilla Street. The curb and adjacent sidewalk
between South Street and the new'drivewayapproachshalLremain where it is.
9. That prior to grading plan.approval, the applicant shall demonstrate that coverage has been obtained
under California's General Permit for Stormwater Discharges Associated with Construction Activity
by providing a copy of the Notice of' Intent {NOI) submitted'to the State Water Resources Control
;Board'and a copy of the subsequent notification of the issuance of a Waste Discharge identification
(WDID) Number. -The applicant shatl prepare and implement a Stormwater Pollution Prevention Plan
(SWPPP). A copy of the current SWPPP shall be kept at the project site and be available for City '
review on request.
10. That the applicant shail submit to the Public Works Department, Development Services Division,
for review and approvaf, a Water Quality Management Plan, as described in Drainage Area
Management Plan for Orange County. Said WQMP shalL•
• Address Site Design Best Management Practices (BMP's) such as minimizing impervious areas, '
maximizing permeability, minimizing`directly connectetl impervious areas, creating'reduced or
"zero discharge" areas, and conserving'natural areas.
• lncorporate appticabfe Routine Source Control BMP's.
• Incorporate Treatment Control BMP's.
• Describe the long-term operation and maintenance, identifies the responsible parties, and
funding mechanisms for the Treatment Control BMP's.,
11. That prior to the issuance of grading permit, ,the applicant shall submit to the Public Works
Department Development Services Division for review and approval a Water Quality Management
Plan that:
• Addresses Site Design Best Management Practices (BMP's) such as minim:izing impervious areas, ;
maximizing permeability, minimizing directly connected imperyious areas, creating reducetl or
"zero discharge" areas, and conserving natural areas.
• Incorporates the applicable Routine Source Control BMP's as defined in the Drainage Area
Management Plan.
• Incorporates Treatment Control BMP's as de~ned in the DAMP.
• Describes the long-term operation and maintenance requirements for the Treatment Control
BMP's.
• Identifies the entity that will be responsible for long-term operation and maintenance of the
Treatment Control BMP's, and
• Describes the mechanism for funding the long-term operation and maintenance of the Treatment '
Control BMP's.
12. That an ADA compliant curb access ramp with truncated domes shall be constructed at South
Street and Priscilla Street in conformance with Public Works Standard Detail 111-2.
13. That the property shall be permanently maintained in an orderiy fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-
four (24) hours from the time of discovery. "
-3- PC2006-92
.. . . ~ . . ~ ~ . ~' ~ . ~ ~ _ ~• ~
14. That the applicant shall submit a request for termination of Conditional Use Permit No. 302 (to
permit a temporary church use in"an existing home; and Conditional Use Permit'No. 1246 (to '
permit anursery school in conjunction with an existing church). -
15. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the applicant and which plans are on ~le with the Planning
beparfinentmarked Revision 1 of Exhibit Nos.1 and,2, and Exhibif No. 3, and as conditioned Aerein:
16. 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:1, 2, 3, 5, 6, 7, 8; 10 and 14, above-mentioned; shall be complied with.
Extensions for further time to complete said conditions may be granted in accordance with Section 18A3.090
of the Anaheim MunicipaL
17. That prior to issuance of a grading permit, or within.a period of one;(1) year from the date of this resolution,
whichever occurs first, ConditionNos: 4, 5; 9 and 11, above-mentioned, shall be complied with. Extensions
for further time to`compfete said conditions may be granted in accordance with Section 18.d3.090 of the '
' Anaheim MunicipaL
18. That prior to final building and zoning inspections, Condition Nos. 2, 4, 7, 12 and 15, 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 theAnaheim MunicipalZoning 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.
20. 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 intenfand
purpose of the oondition(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.
BE IT FURTHER RESOLVED that the Anaheim 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 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 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.
' -4- pC2006-92
• •
; THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of '
October 30, 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 ap procedures and maybe replaced by
a City Council Resolution in the event of an appeaL 1~ `_.
' CHAIRMAN, A HEI °PLANNING COMMISSION
ATTEST:
/r~~ ~ _~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
" STATE OF CAGFORNIA )
COUNTY OF ORANGE } ss.
CITY'OF ANAHEIM )
I, Efeanor 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
October 30; 2006, by the following vote ofthe members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI; ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENfi COMMISSIONERS: NONE
iN WITNESS WHEREOF,1 have hereunto set my hand this ~(a ~~ day of ~O v~~~e,~ ,
2006:
/G~~'~..~.a
SENIOR SECRETARY, ANAHEIM PL'ANNING COMMISSION