Resolution-PC 2004-17• ~
RESOLUTION NO. PC2004-17
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04793 BE GRANTED
WHEREAS, the Anaheim City 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 AS SHOWN ON LOT LINE ADJUSTMENT NO. 277 RECORDED APRIL
2, 1992 AS INSTRUMENT NO. 92-205083, OFFICIAL RECORDS.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on January 12, 2004 at 1:30 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 18.03
(Zoning Procedures-Amendments, Conditional Use Permits and Variances), 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 that the public hearing was continued to the meeting of
February 9, 2004; 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 conditional use permit is authorized by
Anaheim Municipal Code Section 18.110.070.050.0511 to wit: to establish a church within an existing
office building with waiver of the following:
Sections 18.06.050.020.021.0212 - Minimum number of parkinq spaces.
18.06.050.020.022 (508 spaces required;
18.06.050.020.026.0262 399 spaces existing and proposed, and concurred with by
18.06.050.030.031 the City Traffic and Transportation Manager)
18.06.080
and 18.110.070.110
2. That the subject property is developed with an office/research and development building;
that the zoning is Development Area 2(Expanded Industrial Area) of the Northeast Area Specific Plan
No. SP 94-1; that the property is located in the Alpha Redevelopment Project Area; and that the
Anaheim General Plan Land Use Element designates the site for General Industrial land uses.
3. That the waiver will not, under the conditions imposed and based on the conclusions
contained in the parking demand study submitted by the petitioner, cause fewer off-street parking spaces
to be available for the church and other on-site activities provided the church adheres to the assumptions
contained in the parking study and the hours of operation because the parking study indicates that the
peak parking demand for off-street parking spaces is substantially lower than the number of available on-
site spaces for the proposed church and related office uses.
4. That the waiver will not, under the conditions imposed, increase the demand and
competition for parking spaces on the public streets and adjacent private properties in the immediate
vicinity of the proposed use because the project parking lot has more than adequate parking to
accommodate the peak parking demands of both the proposed church and the related office uses; that
the parking lot is physically separated from adjacent development; and, further, there is no reason to
encroach into other parking facilities because the parking lot will provide ample parking as indicated in the
parking analysis.
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5. That the waiver will not, under the conditions imposed, increase traffic congestion within
the off-street parking areas or lots provided for the approved use because the supply of parking spaces
for the project site is anticipated to be only 54% occupied during the peak parking demand period.
6. That the parking waiver will not, under the conditions imposed, impede vehicular ingress
to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use
because the project site is physically separated from adjacent private properties.
7. That the proposed use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located.
8. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare.
9. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
10. That granting this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim
because the proposal complies with all the applicable site development and zoning standards, except for
the waiver of minimum number of parking spaces, for properties and uses in the Northeast Area Specific
Plan.
11. That one letter supporting the proposal was received.
12. That no one indicated their presence at the public hearing in opposition to the proposal,
and no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to establish a church within an existing office building
with waiver of minimum number of parking spaces on a rectangularly-shaped 6.37-acre property located
at the northeast corner of La Palma Avenue and Manassero Street, having frontages of 547 feet on the
north side of La Palma Avenue and 458 feet on the east side of Manassero Street, and further described
as 4905 East La Palma Avenue; 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 City 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:
That operation of the church shall be limited to the following hours, as stipulated by the petitioner in
the letter of operation dated October 14, 2003.
Church services
Three (3) Sunday services:
Wednesday service:
Administrative office hours
Monday through Thursday:
9:00 a.m., 11:00 a.m. and 6:00 p.m.
7:00 p.m. to 8:30 p.m.
8:00 a.m. to 4:00 p.m.
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2. That approval of this conditional use permit shall be contingent upon approval of an amendment to
the existing owner participation agreement ("OPA") between the property owner (Catellus Finance,
LLC) and the City of Anaheim Redevelopment Agency.
3. That at no time shall there be any outdoor storage on the site.
4. That the area designated for future expansion (gymnasium or pre-school) shall not be utilized as an
assembly hall or meeting area for primary or accessory church activities (other than storage).
5. (a) That no portable signs shall be utilized to advertise the church; and
(b) That signage shall be limited to one (1) wall sign as shown on Exhibit No. 3, and any additional
signs shall be submitted to the Zoning Division for review and approval. Any decision by staff
regarding signs may be appealed to the Planning Commission as a`Reports and
Recommendations' item.
6. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use.
7. That the only accessory school activity shall be Sunday School, and this facility shall not be used as
a private daycare, nursery, elementary, junior and/or senior high school.
8. That if at any future time expansion is proposed, such as a gymnasium, preschool and/or any other
facilities, a revised parking study shall be submitted to the City Traffic and Transportation Manger for
review and approval, and for consideration by the Planning Commission at a noticed public hearing.
9. That the adult congregation shall, at any one time, be limited to eleven hundred (1,100) persons. If
the number of congregates exceeds that number, the petitioner shall submit a parking management
plan to the City Traffic and Transportation Manager for review and approval prior to Planning
Commission consideration at a noticed public hearing.
10. 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 time of occurrence.
11. That plans analyzing the existing building conditions and the codes applicable to the proposal, shall
be submitted to the Building Division for review and approval to ensure compliance with such
Building and Safety Code requirements (i.e., exiting requirements and occupancy loads). Said plans
shall be prepared by a licensed architect and/or engineer.
12. That the property owner shall implement appropriate non-structural Best Management Practices
("BMPs"), which may be found online at www.cabbmphandbooks.com. The selected BMPs shall be
implemented and maintained to minimize the introduction of pollutants to the storm water drainage
system.
13. That the on-site landscaping and irrigation system shall be maintained in compliance with City
standards.
14. That four (4) foot high address numbers shall be displayed on the roof of the building in a contrasting
color to the roof material. 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.
15. That subject property shall be maintained substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1, 2 and 3, and as conditioned herein.
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16. That prior to commencement of the activity authorized by this resolution or within a period of one (1)
year from the date of this resolution, whichever occurs first, Condition Nos. 2, 11, 12, 14 and 15,
above-mentioned, shall be complied with. Extensions for further time to complete said conditions
may be granted in accordance with Section 18.03.090 (Time Limit for Amendments, Conditional Use
Permits, Administrative Use Permits, Variances and Administrative Adjustments) of the Anaheim
Municipal Code.
17. 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 City 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.
THE FOREGOING RESOLUTION was adopted a the Planning Commission meeting of
February 9, 2004.
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~-HAIRPERSON, ANAHEIM CITY PLANNIN COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on February 9, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONER:
ABSENT: COMMISSIONERS:
IN WITNESS W
r' , 2004.
BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO,
VANDERBILT-LINARES
BOSTW ICK
NONE
HEREOF, I have hereunto set my hand this ~_ day of
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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PC200~1-17