Resolution-PC 2009-077RESOLUTION NO. PC2009-077
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE
APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND
CONDITIONAL USE PERMIT NO. 2009-05435
(2323 WEST LINCOLN AVENUE)
WIIEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No. 2009-05435, to permit a church pursuant to Code
Section No. 18.60.1 SO of the Anaheim Municipal Code for certain real property situated in the
City of Anaheim, County of Orange, State of California, shown on Exhibit "A", attached hereto
and incorporated herein by this reference; and
WHEREAS, this property is currently developed with a two-story, office and
commercial building, located in the General Commercial (GG) Zone and the Anaheim General
Plan designates this property for Residential Low-Medium land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on September 14, 2009, 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. The proposed church use is properly one for which a conditional use permit is
authorized under Code Section 18.08.030.010.
2. The proposed 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 because church
functions will be conducted in a manner conducive to the area and will operate within an existing
building;
3. The size and shape of the site proposed for the church is adequate to allow the full
development of the proposed use, in a manner not detrimental to either the particular area or
health and safety;
4. The traffic generated by the proposed church use will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area.
5. That existing parking for the church is determined to be adequate for the proposed
church. Code requires 138 parking spaces and 93 parking spaces exist. Because the church
assembly activities occur during evening hours and weekends when other businesses in the
center are closed, the existing parking spaces are adequate for the church and no increase in the
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demand and competition for parking spaces will occur. Condition No. 4 of this resolution
includes this limitation on the church assembly activities.
6. The 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,
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Class 1(Existing Facilities) as defined in the State CEQA Guidelines, and is
therefore, exempt from the requirement to prepare addirional environmental documentation.
NOW THEREFOIZE, BE IT RESOLVED that the Anaheim City Planning
Commission, for the reasons hereinabove stated does hereby approve Conditional Use Permit
No. 2009-05435 to permit a church on property located at 2323 West Lincoln Avenue as
requested by the applicant subject to the conditions of approval described in Exhibit "B" attached
hereto and incorporated by this reference which are hereby found to be a necessary prerequisite
to the proposed use of the subject property in order to preserve the health safety and general
welfare of the citizens of the City of Anaheim.
BE IT FURTHER RESOLVED, that this permit is approved without limitations
on the duration of the use. Amendments, modifications and revocations of this permit may be
processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and
18:60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal
Code.
BE IT FURTHER RESOLVED that the Anaheim City 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 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 appiicable 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 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 ali charges shall result in the revocation of the
approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of September 14, 2009. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appea] procedures and
may be replaced by a City Council Resolution in the event of an appeal.
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CHAII2MAN,
ATTEST:
/7X~ / ~~--~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COiJNTY OF ORANGE ) ss.
CITX OF ANAHEIM )
COMMISSION
I, Eleanor Mosis, Secretary of the Anaheim City Planning Comznission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on September 14, 2009, by the following vote of the members
thereo£
AYES: COMMISSIONERS: BUFFA, FAESSEL, KARAKI, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, AMENT, RAMIREZ
IN WITNESS WHEREOF, I have hereunto set my hand this 14`h day of September, 2009.
SECRETARY. ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
CONDITIONAL USE PERNIIT NO. 2009-0~43i
W LINCOIN AVE
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~~ o so ioo Source: Recorded TraM Maps and/or Cily GIS.
Please note Ihe accuracy is +/- two to five teet.
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10814
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2009-05435
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONTTOffiNG
GEbVEXA L>;:., '~ f~~. ,y 1 r s, ,;~~~,,
1 This church facility shall not include any child day care or pre- ' Code Enforcement '
school activities.
2 No outdoor uses and/or assembly or outdoor storage shall occur Code Enforcement
on the property.
3 No portable signage shall be utilized to advertise the church. Code Enforcement
4 Church services shall be permitted weekdays after 6 p.m. and Code EnForcement
weekends. Incidental church office uses are not subject to this
restriction.
5 The property shall be permanently maintained in an orderly Code Enforcement
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.
6 The property shall be developed substantially in accordance Planning
with plans and specifications submitted to the City of Anaheim
by the applicant and which plans are on file with the Planning
Department marked Exhibit No. 1(Site Plan), Elchibit No. 2
(Floor Plan) and as conditioned herein.
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