Resolution-PC 2008-4• •
RESOLUTION NO. PC2008-4
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION REINSTATING AND
APPROVING CONDITIONAL USE PERMIT NO. 3840 (TRACKING NO. CUP2007-05271),
AND AMENDING CONDITIONS OF APPROVAL OF RESOLUTION NO. PC96-57,
ADOPTED THEREWITH
(2275 AND 2283 WEST LINCOLN AVENUE)
WHEREAS, on June 10, 1996, Resolution No. PC96-57 was adopted by the
Anaheim City Planning Commission to grant Conditional Use Permit No. 3840 and permit a
church within an existing office complex with waivers of minimum landscape setback abutting a
residential zone and minimum number of parking spaces at 2275 and 2283 West Lincoln Avenue
and
WHEREAS, the Anaheim Planning Commission did receive a verified Petition
for Conditional Use Permit to amend Conditional Use Permit No. 3840 to permit a parsonage in
conjunction with the existing church pursuant to Code Section 18.60 of the Anaheim Municipal
Code for certain real property situated in the City of Anaheim, County of Orange, State of
California, described as:
PARCEL 1:
THE WEST 80 FEET OF THE FOLLOWING:
THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER
OF SECTION 7, TOWNSHIP 7 SOUTH, RANGE 10 WEST, IN THE
RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN IN A MAP RECORDED
IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID WEST HALF
OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 7, DISTANT ALONG SAID
WEST LINE NORTH 0°16'57" WEST 40 FEET FROM THE SOUTHWEST
CORNER OF SAID WEST HALF; THENCE PARALLEL WITH THE
SOUTH LINE OF SAID WEST HALF, NORTH 89°01'59" EAST 222.78
FEET; THENCE NORTH 0°58'07" WEST 7.00 FEET TO THE BEGINNING
OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS
OF 25 FEET, A RADIAL LINE TO SAID CURVE BEARS SOUTH 0°58'01"
EAST, THENCE ALONG SAID CURVE NORTHEASTERLY, THROUGH
A CENTRAL ANGLE OF 89°18'56" AN ARC DISTANCE OF 38.97 FEET;
THENCE TANGENT TO SAID CURVE, NORTH 0°16'57" WEST 194.29
FEET; THENCE SOUTH 89°01'59" WEST 247.40 FEET TO SAID WEST
LINE; THENCE ALONG SAID WEST LINE, SOUTH 0°16'57" EAST
226.00 FEET TO THE POINT OF BEGINNING.
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PARCEL 2:
•
AN EASEMENT AND RIGHT TO, CONSTRUCT, USE, MAINTAIN,
ALTER, ADD TO, REPAIR, REPLACE AND/OR REMVOE A WATER
LINE FOR CONVEYING WATER AS GRANTED TO BUTLER-
HARBOURCONSTRUCTION CO., A CORPORATION, BY DEED
RECORDED SEPTEMBER 11, 1957 IN BOOK 4033, PAGE 3 OFFICIAL
RECORDS, OVER THE WESTERLY 4 FEET OF LO 58 OF TRACT NO.
2625, AS SHOWN ON A MAP RECORDED IN BOOK 94, PAGES 9 TO 11
INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA.
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on January 7, 2008, 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 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 proposed use is properly one for which a conditional use permit is
authorized by Anaheim Municipal Code Section 18.08.030.040.0402.
2. That the proposed parsonage in conjunction with an existing church will not
adversely affect the adjoining land uses, or the growth and development of the area in which it is
proposed to be located as new construction is not proposed, only interior modifications.
3. That the project complies with all development standards in the C-G zone,
including the required number of parking spaces; therefore, the size and shape of the site
proposed for the use is adequate to allow the full development of the proposed use in a manner
not detrimental to either the particular area or to health and safety.
4. 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.
5. 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 compatible with the surrounding area.
6. That no one indicated their presence at the public hearing in opposition; and that
no correspondence was received in opposition to the subject request.
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•
•
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the
Anaheim Planning Commission has reviewed the proposal and does hereby find that the
Negative Declaration previously approved in connection with Conditional Use Permit No. 3840
is adequate to serve as the required environmental documentation in connection with this request.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission
for the reasons hereinabove stated does hereby reinstate and approve Conditional Use Permit No.
3840 to permit a church within an existing office complex.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does
hereby amend the conditions of approval, in their entirety, for Resolution No. PC96-57, adopted
in connection with Conditional Use Permit No. 3840, to read as follows:
Responsible
COA Conditions of Approval for
Monitorin
TIMI G: PRIOR TO ISSUANCE OF BUILDING PERMIT
COA1 That plans submitted for building permits shall be prepared Planning
substantially in accordance with the 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 and 2. That a note shall be added to the construction
plans that prior to final building and zoning inspections, the
subject property shall be developed in substantial accordance
with the approved construction plans.
COA2 That a Lot Line Adjustment shall be submitted to the Public Public Works -
Works Department, Development Services Division to merge Development
the existing parcels into one (1) legal lot. The Lot Line Services
Adjustment shall be approved by the City Engineer and
recorded in the office of the Orange County Recorder prior to
the issuance of a building permit.
GENERAL
COA3 That the parsonage shall only be occupied by the church's Planning
reverend and family.
COA4 That parking lot lighting or security lighting located in the Planning
parking area shall be low-intensity and directed away from
adjacent residential properties.
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• •
Responsible
COA Conditions of Approval for
Monitorin
COAS That granting of the parking waiver for the church is contingent Planning
upon operation of the use in conformance with the assumptions
relating to the operation and intensity of use as contained in the
parking demand study that formed the basis for approval of said
variance. 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
expressed conditions imposed upon said variance which shall
subject that variance to termination or modification.
COA6 That church offices and leased office/meeting space shall not be Planning
utilized at the same time as Sunday worship services or other
worship or fellowship services/activities being conducted on the
premises.
COAT That the sanctuary and the fellowship hall shall not be used Planning
simultaneously.
COA8 That any tree and/or landscaping planted on-site shall be Planning
replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dies.
COA9 That the property shall be permanently maintained in an orderly Planning
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.
COA10 That timing for compliance with conditions of approval maybe Planning
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.
COAL 1 That extensions for further time to complete conditions of Planning
approval maybe granted in accordance with Section 18.60.170
of the Anaheim Municipal.
COA12 That approval of this application constitutes approval of the Planning
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.
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BE IT FURTHER RESOLVED that the Anaheim Planning Commission does
hereby find and determine that adoption of this Resolution is expressly predicated upon
applicant's 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. Failure to pay all charges shall result in the revocation of the
approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of January 7, 2008. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and
may be replaced by a City Council Resolution in the event of an appeal.
CHA AN EIM P ING COMMISSION
ATTEST:
ti
GL f~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, 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 January 7, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, KARAKI,
ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FAESSEL
IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of
January, 2008.
w [ice
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
~ - PC2008-4