Resolution-PC 2004-9• ~
RESOLUTION NO. PC2004-9
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04814 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 OF MAP 79-231, IN THE CITY OF ANAHEIM, AS PER MAP FILED IN
BOOK 141, PAGE(S) 32 AND 33 OF PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY.
WHEREAS, the City 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, 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 said public
hearing was continued to the January 26, 2004 Planning Commission meeting in order to advertise a
parking waiver; 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 18.44.050.130 to permit a 4,300 square foot church in a 32,325 square
foot office building with waivers of the following:
(a) Section 18.04.042.020 - Minimum setback for institutional uses adiacent to
a residential zone boundarv.
(15 feet required;
5 feet existing and proposed adjacent to unincorporated
single-family residential zoning to the west, and
none to 1-foot existing and proposed adjacent to RS-1200
(Residential, Multiple-Family) zoning to the northwest)
(b) Sections 18.04.060.050 - Minimum parkinq lot landscaping.
18.06.030.040 (maximum 10 adjacent parking spaces in a row required to
and 18.44.066.030 be separated by four, minimum 5-foot wide. landscaqed
breaks;
no landscaped breaks existing or proposed)
(c) Sections 18.06.050.020.021.0212 - Minimum number of qarkinq spaces.
18.06.050.020.026.0266 (164 spaces required; 136 sqaces proposed and concurred
and 18.41.066.050 with by the City Traffic and Transportation Manager)
2. That waiver (a), minimum setback for institutional uses adjacent to a residential zone
boundary, is hereby approved because the 4,300 sq.ft. church is proposed in an existing 32,325 sq.ft.
office building with site improvements; that the church will occupy only a portion of the office building
(13°/o); that the adjoining RM-1200 development to the northwest includes carports with a 6-foot high
parapet block wall along 263 feet of the shared property line as shown on the approved site plan (Exhibit
1); and that strict application of the Zoning Code would deprive this property of privileges granted to other
existing CL(BCC) (Commercial, Limited-Brookhurst Commercial Corridor Oerlay) zoned properties in the
vicinity.
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3. That waiver (b), minimum parking lot landscaping, is hereby approved because the office
building and parking lot configuration and improvements are existing uses; that the waiver pertains to
only four required landscaped breaks and seven existing pianters in the parking lot provide a totai of
2,480 square feet of landscaping; that the parking lot cannot be seen from Brookhurst Street and,
therefore, the aesthetic benefits of additional parking lot trees would not be realized when viewed from
the street; that there is a substantial amount of existing mature and well-maintained landscaping within
the parking lot, which exceeds the overall square footage Code requirement; and that special
circumstances are applicable to the property since it is already developed with an office building and only
a portion of it will be used for the church and, therefore, strict application of the Zoning Code would
deprive this property of privileges enjoyed by other CL(BCC) zoned properties with existing buildings.
4. That waiver (c), minimum number of parking space, is hereby approved based on the
parking study prepared by Katz, Okitzu and Associates (dated October 29, 2003) and the determination
by the City Traffic and Transportation Manager that an adequate parking supply exists for the proposed
combined uses on the property, as discussed in paragraphs (18) and (19) of the Staff Report to the
Planning Commission dated January 26, 2004.
5. That the parking waiver will not, under the conditions imposed, cause fewer off-street
parking spaces to be provided for the proposed use than the number of spaces necessary to
accommodate all vehicles attributable to such use under the normal and reasonably foreseeable
conditions of operation of the use.
6. 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 of the proposed use.
7. 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 (which property is not expressly provided as parking for such use under an agreement in compliance
with Section 18.06.010.020 of the Anaheim Municipal Code pertaining to location of required parking
spaces for Nonresidential Uses).
8. That the parking waiver, under the conditions imposed, will not increase traffic congestion
within the off-street parking areas or lots provided for the proposed use.
9. That the parking waiver, under the conditions imposed, will not impede vehicular ingress
to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed
use.
10. That churches are a conditionally permitted use in the CL(BCC) Zone and, as conditioned
herein, the proposal will not adversely affect the adjoining land uses and the growth and development of
the area in which it is located.
11. That the size and shape of the site is large enough to support the church and other office
uses in a manner not detrimental to the particular area nor to the peace, health, safety, and general
welfare.
12. That the traffic generated by the proposed church will not, under the conditions imposed,
impose an undue burden on the streets and highways in the area.
13. That granting this conditional use permit, under the conditions imposed (including the
prohibition of day care facilities and/or private schools accessory to the church), will not be detrimental to
the peace, health, safety and general welfare of the citizens of the City of Anaheim.
14. That one concerned person spoke at the January 12, 2004 public hearing.
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15. That no one indicated their presence at the public hearing on January 12 or January 26,
2004 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 permit a 4,300 square foot church in a 32,325 square
foot office building with waivers of (a) minimum setback for institutional uses adjacent to a residential
zone boundary, (b) minimum parking lot landscaping and (c) minimum number of parking spaces on a
rectangularly-shaped 1.6-acre property having a frontage of 118 feet on the west side of Brookhurst
Street and a maximum depth of 600 feet, being located 534 feet south of the centerline of Orange
Avenue, and further described as 631 South Brookhurst Street (proposed Orange Central Korean
Church); 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 restrooms shall be accessible only through the interior of the building.
2. That four (4) foot high numerical address numbers shall be displayed on the flat area of the building
roof in a contrasting color to the roof material in a manner not visible to the adjacent streets or
properties. Said information shall be specifically shown on plans submitted to the Police
Department, Community Services Division, for review and approval.
3. Proposed Condition No. 3 was intentionally deleted at the January 26, 2004 public hearing.
4. Proposed Condition No. 4 was intentionally deleted at the January 26, 2004 public hearing.
5. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage area(s) shall be designed, located and screened so as not to
be readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be
protected from graffiti opportunities by the use of plants such as clinging vines or tall shrubbery.
Said information shall be specifically shown on plans submitted to the Public Works Department,
Streets and Sanitation Division, for review and approval.
6. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the Public Works Department, Streets and Sanitation Division, for review and approval.
That an on-site trash truck turn-around area shall be provided in accordance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets
and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted to
the Pubilc Works Department, Streets and Sanitation Division, for review and approval.
That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval showing conformance with the current versions of Engineering Standard Plan Nos. 436,
601 and 602 pertaining to parking standards and driveway locations. Subject property shall
thereupon be developed and maintained in conformance with said approved plans. Said plans
shall provide for adequate handicapped parking spaces and relocation of the existing trash pick-up
area.
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9. That the church hours of operation shall be limited to 10:00 a.m. to 5:00 p.m., Monday through
Friday for general office hours, and 8:00 a.m. to 4:00 p.m. for Saturday services. The church shall
be permitted to have three (3) weeklong conferences/seminars per year. All church activities shall
end before 10 p.m., except on special church holidays.
10. That all existing mature landscaping shall be maintained and immediately replaced in the event that
it becomes diseased or dies.
11. That the proposal shall comply with all signing requirements of the CL(BCC) (Commercial, Limited-
Brookhurst Commercial Corridor Overlay) Zone unless a variance allowing sign waivers is
approved by the Planning Commission or City Council. Any new signs shall be submitted to the
Zoning Division for review and approval. Any staff decision regarding such signs may be appealed
to the Planning Commission as a'Reports and Recommendations' item.
12. That no unscreened roof-mounted equipment shall be permitted.
13. That no accessory day care facilities or private schools shall be permitted in connection with this
church on this property.
14. That the owner of subject property shall submit a letter to the Zoning Division requesting
termination of Variance No. 3437 (waiver of minimum number of parking spaces to establish a
vocational training school) and Conditional Use Permit No. 109 (to permit and construct a drive-in
restaurant).
15. That the number of congregants attending this church shall be limited to one hundred (100), as
indicated by the applicant.
16. That one (1) additional tree shall be planted within the front landscaped setback adjacent to
Brookhurst Street. Said tree shall be of similar species to the existing trees.
17. That subject property shall be developed 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 through 3, and as conditioned herein.
18. That prior to the commencement of the activity herein approved or within a period of one (1) year
from the date of this resolution, whichever occurs first, Condition Nos. 2, 5, 6, 7, 8, 14, 16 and 17,
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.
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 compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that unless conditions to the contrary were expressly
imposed upon the granting of the parking waiver by the Planning Commission, the granting of said waiver
shall be deemed contingent upon operation of the approved use in conformance with the assumptions
relating to the operation and intensity of the use as contained in the parking demand study that formed
the basis for approval of the parking waiver. Exceeding, violating, intensifying or otherwise deviating from
any of said assumptions as contained in the parking demand study shall be deemed a violation of the
express conditions imposed upon said waiver which shall subject said waiver to termination or
modification pursuant to the provisions of Sections 18.03.091 (Termination or Modification of
Amendments, Conditional Use Permits or Variances - Procedure) and 18.03.092 (Termination or
Modification of Conditional Use Permits or Variances - Grounds) of the Anaheim Municipal Code.
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AND BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby find and determine that adoption of this Resolution is expressly predicated upon appiicanYs
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 at the Planning Commission meeting of
January 26, 2004. ,
ATT
RPERSON, ANAHEIM CITY PLANNING COMMISSION
IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, 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 January 26, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this ~~- day of
, 2004.
` /~A in % ~, _
ENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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