Resolution-PC 2007-96• ~
' RESOLUTION NO. PC2007-96
A RESOLUTION OFTHE`ANAHEIM PLANNING COMMISSION `
AMENDING CONDITIONAL USE PERMIT N0.2007-05184
(TRACKING NO. CUP2007-05232), AND AMENDING CONDITIONS
OF APPROVAL OF RESOLUTION NO.PC2007-21 ADOPTED THEREWITH
(1450 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 of Anaheim, County of Orange, State of California,
described as:
THAT PORTION OF LOT TWO OF TRACT NO. 153, AS SHOWN ON A MAP
RECORDED IN BOOK 11, PAGE 46 0F MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY PROLONGATION
OF THE WEST LINE OF SAID LOT TWO WITH THE CENTER LINE OF LA PALMA
AVENUE (FORMERLY NORTH STREET),AS SHOWN ON SAID MAP; THENCE
SOUTH 89° 50' 30" EAST ALONG THE CENTER LINE OF SAID LA PALMA AVENUE,
A DISTANCE OF 399.85 FEET; THENCE SOUTH 15° 08' 30" EAST 352.96 FEET;"
THENCE NORTH 800 43' 15" EAST 197.48 FEET TO THE WESTERLY LINE OF
LAND DESCRIBED IN DEED TO JAMES WETFON AND WIFE, RECORDED APRIL
-10th, 1928 IN BOOK 148, PAGE 389 OF OFFICIAL RECORDS; THENCE SOUTH 16°
41' S0" EAST 377.96FEET ALONG SAID WESTERLY LINE TO THE SOUTH LINE OE
SAID LOT TWO; THENCE SOUTH 74013' 30" WEST 564,80 FEET TO THE
SOUTHWEST CORNER OF SAID LOT TWO; THENCE NORTH 17°
01' 00" WEST 86 1,42 FEET TO THE POINT OF BEGINNING.
WHEREAS, on March 19, 2007, the Anaheim Planning Commission, by its Resolution Na
PC2007-21 approved Conditional Use Permit No. 2007-05184 to permit two modular buildings for
classrooms at an existing parochial school at 1450 East La Palma Avenue with waiver of minimum number
of parking spaces (424 spaces required; 335 spaces approved); and
WHEREAS, said Resolution No. PC2007-21, as previously amended, includes the foliowing
condition of approvaL•
"2. That any proposed parking lot lighting shall be limited to a maximum height of 12 feet
and directed away from the adjacent single-family residences to the west."
WHEREAS, this property is currentiy developed with a church and school facility and is located
within the Transition (T) zone; that the Anaheim General Plan designates this property for Low Density
Residential land uses; and
WHEREAS, the applicant requests approval to amend a previously-approved conditional use
permit to construct new parking lot lighting at an existing church and school facility with waiver of code
provisions limiting parking lot lighting height adjoining residential properties; and ,
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City
of Anaheim on August 6, 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 "Procedures",
to hear and consider evidence for and against said proposed amendment and to investigate and make
findings and recommendations in connection therewith; and ;
Cr1PC2007-96 _~ _ PC2007-96
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1. That the proposed modification or deletion of a condition of approval pertaining to parking lot '
lighting height in conjunction with a church and school'facility is properly one for which a conditional use
permit is authorized under, authority of Code Section No. 18.08.030.040.0402 and Section 18.60.190
,, (Amendment of permit approval) of the Anaheim Municipal Code with waiver of the following provision:
(a) SECTION NO. 18.42.090.030 ' 'Lighting of Parking Areas Adjoining Residential
Premises_ 12 feet permitted; 22 feet proposed)
2. That there are no pending Code violations regarding the operation of the church and school .
facility and that the previously-approved conditions of approval are being complied with, and that the property
is being properlymaintained.
3. Thatthe proposed lighting would not adversely affect adjacent residential property because
it can be properly shielded as demonstrated during the pubic hearing.
4. Thaf the applicant has obtained support for the additional height by all the residenfs affected.
5. That the additional height for the light pole results in a reduction in the number of lights
required thereby reducing energy consumption. '
6. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition. A petition was submitted by the applicant
with 16 signatures in favor of the subject request.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to amend a previously-approved conditional use permit to construct
new parking lot tighting at an existing church and school facility; and does hereby approve the previously-
approved 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 thepublic 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
enviror~ment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission for the
reasons hereinabove stated does hereby amend and approve Conditional use Permit No. 2007-05184
(Tracking No. 2007-05232) to amend a previously-approved conditional use permit #o construct new parking
lot lighting at an existing church and school facility.
BE IT FURTHER RESOLVED that Anaheim Planning Commission does hereby amend the
conditions of approval of Resolution No. PC2007-21, pertaining to Conditional Use Permit No. 2007-05184,
as follows: '
Prior to issuance of a buildingpermit or within a qeriod of one (1) vear from the date of this
resolution whichever occurs first, the followin~ conditions shall be complied with:
1. That church staff shall ensure that all parking lots are sufficiently illuminated, monitor the parking lots
to ensure that congregants are parking in marked stalls and direct vehicles to park on-site rather '
than within the surrounding neighborhoods.
2. [Deleted]
3. That the school belimited to a total of seventeen (17) classrooms. Said information shall be
specifically shown on plans submitted for building permits.
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4. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonment's of existing water services and fire lines, shall be coordinated'through Water
Engineering Division of the Anaheim Public Utilities Department.
5. That any required relocation of City electrical facilities shall be at the developer's expense.
6. That the tegal owner of subject property shall provide the City of Anaheim with a public utilities
easement (dimensions wil( vary with electrical design) along/across high'voltage Iines, low Voitage
lines crossing private property and around all pad mounted transformers, switches capacitors, etc.
Said easement shall be submitted to the City of Anaheim prior to connection of electrical service.
7. That the locations foc future above-ground utility devices inciuding, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc.,`shall be shown
on plans submitted for building permits. ' Plans shall also identify the specific screening treatments of
each device (i.e. landscape screening, color of walls, materiais, identifiers, access points, etc.).
`Prior to final buildins~ and zonina inspectionsthe followina conditions shall be Complled with:
:
8. That the applicant shali obtain any necessary building permits and shall obtain Building Division ,
clearance for the modular units.
9. That subject property shail 6e 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 Pianning
Department marked Exhibit Nos. 1 and 2, and as conditioned herein.
General Conditions:
10. That separate services and/or events shall not be held simultaneously within the sanctuary and
assembly hall resulting in an increase in parking demand.
11. That this school and religious institution shall operate consistent with assumptions contained in the
approved parking study. If at any such time the operational characteristics of the church change, a
detailed description of the operationai changes shail be submitted for review by the City`s 7raffic 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.
12. 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.
13. 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.
14. That timing for compliance with conditions of approval may be amended by the P(anning 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.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicanYs compfiance with each and
all of the conditions hereinabove set forth. Should any such condition, or any part'thereof,be declared
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invalid or unenforceabie by the final judgmenf of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall 6e deemed null and void.
BE IT FURTHER RESOLVED that the applicanf 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 ~rst. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
THEFOREGOING RESOLUTION wasadopted at the Planning Commission meeting of
August 6, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeaL
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CHAI MAN NAHEIM PL NG COMMISSION
ATTEST: ,
~~t..r.-.-~.-z.-- ~-~
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 August 6, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KARAKI
IN WITNESS WHEREOF, I have hereunto set my hand this ~~t „ ~ day of
c , 2007.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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