Resolution-PC 2009-062RESOLUTION NO. PC2009-062
A RESOLUTION OF THE ANAHElM CITY PLANNING COMMISSION
DETERMINING THAT A NEGATNE DECLARATION
IS THE APPROPRIATE ENVIRONMENTAL
DOCUMENTATION AND APPROVING AN AMENDMENT TO
CONDITIONAL USE PERMIT NO. 4014 (TRACKING NO. CUP2009-05438)
AND VARIANCE NO. 2009-04776
(1275 EAST BROADWAY -FIRST SOUTHERN BAPTIST CAURCH)
WHEI2EAS, the Aoabeim Ciry Planning Commission did receive a verified
Petition for an amendment to previously approved Conditional Use Pesmit No. 4014 and
Variance No. 2009-04776 for the First Southern Baptist Church and private school to permit off-
site parking to serve Quartz Dealer Direct (an automotive wholesale and retail auction facility
located at 633 South East Street) with fewer parki~g spaces than required by Code, on certain
real property situated in the City of Anaheim, County of Orange, State of CalifornSa, shown on
Exhibit "A", attached hereto and incorporated herein by this reference; and
WHEREAS, said Petition is in conjunc6on with a request for an amendment to
previously-approved CondiYional Use Permit No. 1322 for Q~artz Dealer Direct, an automotive
wholesale and retail auction facility with fewer pazking spaces than required by Code which wiil
be using the subject property for satellite parking purposes; and
WHEREAS, on June 8, 1998, the Anaheim Planning Commission, by Resolution
No. PC98-93, approved Conditional Use Permit No. 4014 Co permit a private elementary school
(kindergarten through 2"~ grade) with a masimum of fifty (50) students, and day care in an
existing church faciliYy; and
WHEREAS, o~ March 15, 1999, the Anaheim Planning Commission, by
Resolu6on No. PC99-49, approved an amendment to Conditional Use Permit No. 4014, to
permit kindergazten through 12`h grade (instead of kindergarCen through 2°° grade) classes in the
exisCi~g private school; and
WHEREAS, this property is currently developed with a church and private school
with day care, the underlying zoning is Multiple-Family Resideotial (RM-3); the Anaheim
General Plan designates this property for School land uses, and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on June 22, 2009, at 2:30 p.m., after said item was continued from
the Apri130, 2009 and May 27, 2009 Planning Commission meetings, uotice of said publac
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 to the conditional use permit and variance 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 deterruine the following £acts:
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1. The proposed amendment of this permit to permit accessory off-site parking to
serve Quartz Dealer Direct in conjunctio~ with the existing church and private school with fewer
parking spaces than required by Code is properly one for which a conditional use permit is
authorized under Code Seetion 18.06.030A10. (Community and Religious Assembly and
Educational Institutions - General) and 1$.06.030.020 (Accessory Uses - Parking Lots).
2. The requesT to pernut accessory off-siCe parking to serve QuarCz Dealer Direct in
conjunction with the existing cburch and private school with fewer parking spaces than required
by Code will not adversely affect the adjoining land uses and the growth and development of the
area in which it is located becaase the off-site parking spaces will be ased at times that will not
conflict with Che current operations of Che church and existing private school.
3. The size and shape of the site for church and private school with accessory off-
site pazking serving Quartz Dealer Direck allows full development of the use in a manner not
detrimental to t4e particular area nor to the health and safety of the citizeos of Anabeim as this
property is cunently fully developed and the proposed amendment would allow for use of the
existing parking lot as an accessory satellite parking area only, with no further development.
WHEREAS, said Commission does further find and determine that the request for
a variance of the following Code sections to permit fewer parking spaces than required by code
should be approved for the following reasons:
SECTION NO. 18.42.040.010.0108 Minimum number of parking spaces.
, (243 spaces required [143 for the
church and private school and up to
100 spaces for satellite parking for
QuarCZ Dealer Direct]; ] 24 spaces
proposed).
1. The variance pertaining to the minimum number of parking spaces is hereby
approved based upon the parking letter submitted by the applicant, dated May 18, 2009, the
tesCimony provided by staff at tt~e May 27, 20Q9 Planning Commission meeting indicaCing tbat
the parking lot resurfacing and striping had been completed and thaY the striping resulted in 124
parking spaces, and staff's determination that there will be adequate pazking to serve the church,
private school, and off-site parking for Quartz Dealer Direct based on shared parking and review
of the peak parking periods for each use; and
2. The variance, under the conditions imposed, will not 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 the existing and proposed uses because the site will
have a surplus of approximately six parking spaces during times when Quartz Dealer Direct is
using the parking ]ot for off-site parking purposes. The site will be able to accommodate the
uses due to the varying peak hours of use with the church using the parking spaces primarily on
weekends, the private school using a small portion of the parking spaces during the weekdays
and Quartz Dealer Direct using the spaces during auction hours on Mondays and Fridays; and
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3. The variance, under the conditions imposed, will not increase the demand and
competition for pazking spaces upon the public streeCS in the immediate vicinity of the church
because the entire peak parking demand will be served by the existing parking supply where no
additional parking spaces on the immediate public streets will be needed; and
4. The variance, under the conditions imposed, will not increase the demand and
compeCiYioo for parking spaces upon adjaceoY private property in the immediate vicioity of the
church because the endre peak parking demand wil] be served by the existing parking supply
where no additional parking spaces on adjacent private property in the immediate vic3nity will be
needed; and
5. The variance, under the conditions imposed, wall not increase traffrc congestion
within t1~e off-street pa~rking azeas or lots provided for such use because the anticipated peak
parking demand of 118 spaces is not expected to exceed the volume of traffic that the pazking
sapply of 124 spaces would generate; and
6. The variance, 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 because the anticipated peak parking demand of 118 spaces during times when the
accessory off-site parking is being utilized is not expected to create conditions that would impede
vehicular ingress to or egress from adjacent properties or exceed that which would be created by
the conditions a~ticipated by Che parking supply of 124 spaces; and
WHEREAS, a CEQA Negative Declaration is adequate to serve as the required
environmental documentation in connection with this request.
THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission,
for the reasons hereinabove stated, does hereby approve the proposed amendment to Conditional
Use Pernut No. 4014 and amend, in their ent3rety, the conditions of approval adopted in
connection with Planning Commission Resolution No. PC98-83, as amended by Planning
Commission Resolution No. FC99-49, as described in Exhibit "B" attached hereto and
incarporated by this reference, which are hereby found to be a necessary prerequisite to the
proposed use of the subjecC properCy in order to preserve the healtb, safety and geoeral welfare of
the Citize~s of the City of Anaheim. Timing for compliance with canditions 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
mpdification complies wiCh The Anaheim Municipal Code and (aii) the applicant has
demonstrated significant progress towazd establishment of the use or approved development.
Extensions for further time to complete conditions of approval may be granted in accordance
with Section 18:60.170 of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED thaC approval of this applicaYion constitvtes
approval of the proposed request only to the extent that it complies with the Anaheim Municipal
Zoning Code and any other applacable City, State and Federal regulations. Approval does aot
include any action or findings as to compliance or approval of the request regazding any other
applicable ordinance, regulation or requirement.
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BE IT FURTHER RESOLVED that the Aneheim City Planning Commission
does hereby find and determine that adopdon of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereinto set forth. Should any such
condition, or any part thereof, be declared invalid or unenforceabie 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 approvtd o£this applicadon.
'Tf~ FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of May 27, 2009. Said resolution is subject to the appeal provisions set for[h 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. 1 ~
CHt1IRMAN, AN1~I3EIg/I CITY ~I.~ING COMMISSION
A
Y, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
l, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do
hereby cerkify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on June 22, 2009, by the following vote of the members thereof:
AYES: COMMISSIONERS. BLTFFA, EASTMAN, FAESSEL, KARAKI,
RAMIREZ, ROMERO
NOES: COMMISSIONERS: AGARWAL
ABSENT: COMMISSIONERS: NONE
IN WI'~'NESS WIIEREOF, I have hereunto set my hand this ~L=~d"ay of June, 2009.
5ENIOR Sh~RETARY, ANAHEIM CI1'Y`PLANNING CONIMISSION
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EXHIBIT "A"
AIVIENDNI~NT TO CONDITIONAL USE P~R11~IIT NO. a014
.1ND VARIANCE NO. 2009-047~6
APN: 037-173-20
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10738
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Source: Recorded T2c1 Maps and/or City GIS.
Please note ihe accuracy is +/- hvo [o fve feet.
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 4014
VARIANCE NQ. 2009-04776
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MON~TORING
WITHIN SIX TY (6Q) DAYS FOLLOWING APPROVAL OF THE PER MIT
1 The parking lot shall be properly maintained with a ;€'lanning
minimum of 124 parking spaces.
GENERAL CONDITIONS - ONGOING DURING OPERATION !
2 1'he ma~cimam number of studeaYS shall be limited to fifiy Planniog
(50).
3 At no time shall the parking lot be used for the storage of Code Enforcement
auction vehicles.
4 The parking lot may be used for off-site parking by Code Enforcement
Quartz Dealer Direct for up to 100 auction attendee
vehicles during the following hours :
Monday - 3:00 PM to 9:00 PM
Friday - 10:00 AM to 3:00 PM
The use of the parking lot for Quartz Dealer Direct may
occur while Conditional Use Permit No. 1322 (Tracking
' No. CUP2008-05356) is in effect.
5 A parking lot attendant shall be stationed in the parking Code Enforcement
lot during all hours when the lot is being used by Quartz
Dealer Direct.
6 No required parking area shall be fenced or otherwise Code Enforcement
enclosed for outdoor uses otherthan parking.
7 The proper[y, including the parking lot, shall be Code Enforcement '
permanenCly r~aintained in ao orderly fast~ion by
providing regular landscape maintenance, removal of
trash and debris, and removal of graffiti within twenty-
four (24) hours from time of discovery.
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8 Trash storage areas shall be maintained in a location Public Works,
acceptable to the Public Works Department, Streets and Streets and
Sanitation Division and in accardance with approved Sanitation
plans on file with said DepartmenC. Said storage areas
shall be designed, located and screened so as not to be
readily identifiable from adjacent streets or highways.
The walls of the storage areas Chat are visible to the pablic
shall be protected from gr~ti opportunities by the use of
plant materials such as minimum l-gallon size clinging
vines, planted on ma~cimum 3-foot centers, or tall
shrubbery.
9 That snbjecC property shall be developed s~bstanYially in Code Eoforcemeot
accordance with plans and specificaYion submitted to Yhe
City of Anaheim by the petitioner and which plans are on
file with the Planniog Department marked Exhibit Nos. 1
through 5, and as conditioned herein.
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