Resolution-PC 2007-65• ~
RESOLUTION NO. PC2007-65
' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 940
(TRACKING NO. CUP2007-05215) BE'AMENDED
(1515 WEST NORTH STREET - SALVATION ARMY)
WMEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit #or certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
PARCEL A,'AS SHOWN ON A MAF FILED IN BOOK 9, PAGE 1 OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY
CALI FORN IA.
WHEREAS, on June 43, 1967, the Anaheim Planning Commission, by its Resolution Na
PC67-99 approved Conditional Use Permit No. 940 to permit tfie construction of a YMCA facility with waiver
of use of required setback for parking; and
WHEREAS, said Resolution No. PC67=99 includes the following condition of approvaL•
"10. That subject property shall be developed substantially in accordance with plans
and specifications on file with the City of Anaheim, marked Exhibit Nos. 1, 2, 3, -
4, and 5."
WHEREAS, this property is currently developed with a Salvation Army community center;
that the facility is zoned Multiple-Family Residential (RM-4); and the Anaheim General Plan designates this
property for Medium Density Residential land uses; and '
WHEREAS, the applicant has requested amendment of this conditional use permit to amend
exhibits to permit a worship center addition to an existing Salvation Army community center facility, pursuant
to Code Section 18.06.030.040.0402 (Community and Religious Assembly) of the Anaheim Municipal Code;
and
WHEREAS, the Planning Commission.did hold a public hearing at the Civic Center in the
City of Anaheim on June 25, 2007, 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 proposal to amend exhibits to permit a worship center addition to an existing
Salvation Army community center facility is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section No. 18.06.030.040.0402 (Community and Religious Assembly) with waiver
of the following provision:
SECTION NO. 18.42.040.010 Minimum number of parkinq spaces.
' ~ required; 153 proposed)
2. That the above-mentioned waiver, under the conditions imposed, 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 the proposal under the normal and reasonably foreseeable
operation of such use.
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3. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity, as indicated in the updated
parking study submitted by the,applicant. The City's traffic and parking consultant reviewed the parking
study and determined that the parking would be sufficient to accommodate the proposed church and ,
community center because the two uses would not operate at the same time and fhere are enough spaces to
provide for each use independently.
4. That the waiver will not increase the demand and competition for parking spaces upon
adjacent properties in the immediate vicinity of the proposed use since all parking is contained on-site within
the property boundaries.
5. That the waiver will not increase traffic congestion within the off-street parking areas or lots
provided for the proposed uses as ingress and egress to the site would be provided via two (2) driveways
along North Street and Loara Street. ,
6. Thaf the proposed church and community center, as conditioned herein, would not adversely
affect the adjoining fand uses and the growth and development of the area in which it is proposed to be
located because the site was formerly developed with a similar land use with no adverse affects to adjoining
land uses.
7. That the size and shape of the site for the church and community center 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.
8.' That 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 and will provide a land use that is
compafible with the surrounding area.
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: The Planning Director or her
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Section 15303, Class 3(New Construction or Conversion of Small Structures), as defined in the
State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental
documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission for the
reasons hereinabove stated does hereby amend and approve Conditional Use Permit No. 940 (Tracking Na
CUP2007-05215) to amend exhibits to permit a worship center addition to an existing Salvation Army
community center facility.
BE IT. FURTHER RESOLVED that Anaheim Planning Commission does hereby amend the
conditions of approval of Resolution No. PC67-99, pertaining to Conditional Use Permit No. 940, as follows:
Prior to issuance of buildina permits the followin4 conditions shall be complied with:
1. That a grading plan conforming to the requirements of Chapter 17.04 of the Anaheim Municipal Code
shall be reviewed and approved by the City Engineer.
2. That a pad certification submitted by the Registered Civil Engineer along with a soils compaction report
prepared by a Registered Soils Engineer be approved by the City Engineer.
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3. That prior to the issuance of a grading permit or building permit, whichever occurs first, the applicant
shall submit a Water Quality Management Plan to the Public Work's Department, Development
Services for review and approvaL
Prior to final buildinq and zoninq inspections the followina conditions shall be complied with:
4. "fhat the existing trash enclosures shall be refurbished in accordance with Public Works Department
standards. Said information shall be specifically shown on the plans submitted for building permits.
5. That an Emergency Listing Card, Form APD-281, shallbe filed with the Police Department.
6. 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 file with the Planning
Department marked Exhibit Nos. 1 through 8, and as conditioned herein. ?
7. Thatminimum 24-incH box sized trees shall be installed in the front setback areas along North Street
and Loara Street in accordance with Zoning Code standards. Said information shall be specifically
shown on the plans submitted for building permits:
8. That the parking lot shall be resurfaced .and restriped in accordance with Engineering Standard Plan
Nos. 402B, 436 and 470 pertaining to parking standards and drivewaylocations. Plans shall be submitted
to the Planning Services Division for review and approval showing conformance with said standards.
Subject property shall thereupon be developed and maintained in conformance with said plans.
9. ' The legal property owner shall irrevocably offer to dedicate an $asement to the City of Anaheim for a
corner cutoff at the North Street and Loara Street intersection.
10. This condition of approval was delefed at today's public hearing.
Prior to issuance of a certificate of occupancy:
11. That the applicant shall demonstrate the following:
• That all structural BMP's described in the Project WQMP have been constructed and
installed in conformance with approved plans and specifications;
•, That the applicant is prepared to implement all non-structural BMP's described in the Project
WQMP;
• That an adequate number of copies of the approved Project WQMP are available onsite;
• Submit for review and approval an Operation and Maintenance Plan for all structural BMP's.
General Conditions:
12. That the church and community center facility shall be operated as specificalfy described in the applicanYs
letter of operation and parking study. If at any time the operational characteristics of the facility changes or
intensifies, 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 deterrnined 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.
13. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works
Department and in accordance with approved plans on file with said Department: Said storage areas
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shall be designed, located and screened so as not to be readily identifiable from adjacent streets or
highways. The walis of the storage areas shall be protected from graffiti opportunities by the use of
plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot
centers ortall shrubbery.
14. That the property shall be permanently maintained in an orderly 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.
15. That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and
ground contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate
illumination to make clearly visible the 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.
16. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
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.
18. That extensions for further time to complete conditions of approval may be granted in accordance with
Section 18.60.170 of the Anaheim MunicipaL
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 comp(iance 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 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 25, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining p p oce re and may be replaced
by a City Council Resolution in the event of an appeal.
CHAIRMAN, ANAHEI11~fPLANNING COMMISSION
ATTEST:
hXt.,,,.,..~_- ~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
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 June 25, 2007; by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO
NOES: : COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: VELASQUEZ
IN WITNESS WHEREOF, I have hereunto set my hand this ~L a Ts day of
, 2007.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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