Loading...
Resolution-PC 97-146~ ~ RESOLU'CION NO. PC97-146 A RESOLUTION OF TH~ ANAHEIM CIT`I PLANNING COMMISSION 1'HAT PETITION FOR CONDITIONAL USE PERMIT NO. 3971 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a veri~ed Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: IN THE THAT PORTTON OF LOT 3 OF THE ANAHEIM EXTENSION, STATE OF CITY OF AN.AHEIM, COUNTY OF ORANGE, CALIFORNIA, AS SHOWN ON A MAP OF SURVEY MADE BY WILLIAM HAMEL AND FILED IN THE OFFICE OF THE COUNTY RECORDER OF I.OS ANGELES COUNTY, CALIFORNIA, A COPY OF WHICH IS SH~OWN IN BOOK ~, PAGE 163 ET SEQ, ENTITLED "LOS O ICE OF THE O~NT~l FRECORDER OF SSAID SCOUN E DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTi-i LINE OF SAID LOT 3, SAiD POINT BEING SOUTH 89 DEGREES, 51' 30" EAST 307.~ENCE FROM 'THE NORTHWESTERLY CORNER OF SAID LOT 3; ALONG SAID NORTH LINE SOUTH 89 DEGREES 51' 3J" EAST 255.36 FEET; THENCE SOUTH 15 DEGREES 54' 30" EAST 229.22 FEET TO THE NORTHEASTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO THE ANAHEIM UNION HIGH SCHOOL DISTRICT OF ORf~NGE COUNTY, RECOiZDED OCTOBER 31, 1960; IN BOOK 5~86, PAGE 542 OF OFFICIAL RECORDS; THENCE SOUTH 74 DEGREES 13' 33" WEST 242.20 FEET AI,ONG THE NORTI~ERLY LINE OF SAID ] AND TO THE WESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE BRETHREN HOME MISSION COUNCIL, INC., RECORDED JAPIUARY 4, 1957 IN BOOK 3760 PAGE 167 OF OFFICIAL RECORDS; THENCE NOKTH 16 UEGREES 32' S1" WEST 299.31 FEET TO THE POINT OF BEGII~NING. _1_ pC97-14b CR3080PL.WP ~ ~ WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 13, 1997 at 1:30 p.m., notice of said public heaiing having been duly given as required by law and in accordance witi~ 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 WHEREAS, said Commission, after due i.nspection, 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 a.nd determine the following facts: 1. That the propose.l use i~ F': •'?Perly one for which a conditional use permit is authorized by Anaheim Nlunici~E}al Cnde S~ction 18.21.050.110 to construct 1,657 sq. ft. feet of additions to an existing ch=.:i~ch ~xiitt-. waivers of the following: (a) Sections 18 06 050.0266 - Minimum number of oarkin~ snaces. {lA3 required; 86 proposed and recommended 18.06.08 and 18 21.066.010 ~ for approval by the City Traffic and Transportation Manager) (b) Section 18 21.062.0201 - Maximam structural heieht. (~ foot building height permitted when located 14 feet from a residential zone; 1 t 46 feet proposed) (c) Section 18.2].06~.010 - Minimum front vard setback._ 25 feet requireci; 16 feet proposed) (d) Section 18.21.063.030 - Minimum rear vard sethack. 25 feet required; ] 5 feet propos::d) 2. That the petitioner has submitted a parking study, prepared by Justin F. Farmer, 'I'ransportation Engineers, Inc., for the proposed c:iurch expansion; and that the City Traffic and Transportation Manager has reviewed the study, including the findings therein, and determined that the proposed parking supply ~•ill be adequate for the existing and proposed uses provided that the seating is not increase~; 3. That the parking waiver (a), under the. conditions imposed, will not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to sucY. ase under the normal and reasonably foreseeable conditions of operation of such use; 4. That waiver (a), under the conditions im; osed, will not increase the demand and competition fcr ~?a~sing spaces upon the: pubiic streets in the immediate vicinity of the proposed use; _2_ PC97-146 ~ ~ 5, That waiver (a>, under the conditions imposed, will not increasc 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 this C;ode); 6, That waiver (a), under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for such use; 7 ~ress f~rom a jacenaepr perties upon the publi Wstreets in theemmediate ingress to or eg vicinity of the proposed use; g, That waiver (b), maximum structural height, is hereby approved based on special circumstances pertaining to the location of the property and its surroundings because the closest residential uses are more than 100 feet away to the west (apartments) and north (condominiums across La Palma Avenue); and that the reconstruction of the existing clock tower will be more compatible wi:h the refiirbished church and strict application of the Zoning Code would deprive this chu;ch-developed property of privileges enjoyed by other church properties in the RS-A-43,000 Zone; 9, That waiver (c), minimum front yard setback, is hereby approved because the proposed encroachment (a 6-foot block wall/seating area) serves as an architectural feature rather than a structure; and that special circumstances apply to this property because the property exceeds led with usesao her thanes ngletfamily homes;A-43,000 zoned properties which are deve op 10. That waiver (d), minimum rear yard setback, is hereby approved because there are special circumstances applicable to this property in that it is surrounded by a junior high school o ent of t e Code will be met by pro vding t e 15rfoa tsetback required proposed use, the for institutional uses; 11. That the proposed use is properly one for which a conditional use permit is a;;thorized by the Zoning Code; 12. 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; 13. That the size and shape of the site for the proposed use is adequate to allow the full developmeace health, safety andegeneral welfare~t ~etrimental to the particular area nor to the p , 14. That the traf~c 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; _3_ PC97-146 ~ ~ 15. eTl?~e tagto the peace, health safety and general welfa e oflthe cit zenseof will not be d the City of Anaheim; and 16. That approximately 10 people indicated their presence in the audience in favor and °~o one indicated their presence at said public ?~earing in opposition at said public hearing; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL UALITY ACT FINDING: That the Anaheii~~ C:ty Planniag Commission has reviewed the proposal to construct 1,657 sq. ft. feet of additions to an existin~ church with waivers on a 1.29 acre parcel having frontage of 2S5 feet on the south si~e of La 1'alma Avenue, a maximum depth of 299 feet ~nd bei~o located 140 feet east of che centerline of Anna Drive (15~6 East La Palma Aver.ue - 5aint .Iohn Maron Catholic Church); and does hereby approve the Negative Declaration upor: `'~nding that the declaration reflects the independent judgement of the lead agency ~nd that it has consi~.er:.d the Negative Declaration together with any comments received ~uring t.he public review process and furtl~er finding on the basis of the initial study and um7 com.ments received that there is no substantial evidence that the project will have a significunt effect on the environment. NOW, '1"~-~EREFG~RE, BE IT RESOLVED that the Anaheim City Ylanning Cemmission does hereby grant subject Petition for Conditio iere u si e to the proposed foliowing conditions which are hereby found to be a necessary p Q use of the subject property in order to preserve the safety and general welfare ot' the Citizens of the City of Anaheim: 1, That a minimurr, o:~ eighty six (86) parking space~ shall be main~ained at all times. 2. That the hours of operation shall be limited to the following, except for special church holidays or meetings (not to exceed twelve (12) days per year): Sunday services: 11 a.m. to 2:30 p.m. Monday - Saturday social events and meetings: 8:30 a.m. to 11 p.m. 3. That the on-site landscaping and irrigation system shall be refurbished in compliance with City standards. 4, That al! existing mature landscaping shall be maintained and immediately replaced in the event that it becomes diseased or dies. 5. That the proposal shall comply with all signing requirements of the RS-A-43,000 Zone unless a variance allowing sign waivers is a+~pro~~ed by the Planning Commission. _4_ PC97-146 ~ ~ 6, That all signage (including any signage attached to the new block wall/seating area) for this church facility (and other than previously permitted signage) shall be limited to signage approved hy the Planning Commission as a"Reports and Recommendations" item. 7. That clinging vines, on maximum three (3) foot centers, shall be planted, irrigated and maintained adjacent to the new masonry wall (facing the street) and in linespv-s b e adjacent to the existing block walls on the south, east and west properry (~~ to the street) to prevent graffiti opportunities. This information shall be speci~cally shown on plans submitted for building permits. g, That trash starage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on ~le with said Department. Such information shall be specifically shown on the plans submitted for building permits. 9, That a plan sheet for solid waste storage and collection and a ptan for recyciing shall be submitted to the Public Works Department, Streets and Sanitation Division, for review and approvaL li,~. That an on-site tra~h truck turn-around area shall be provided in accordance with Engineering Sta:~~fard Dstail No. 610 and maintained to the satisfactian of the Public Works De}~artment, Str:;zts and Sa~litation Division. Said turn-around area shall be specifically ~hov.~~i on plans submitted for building permits. 11, That gates shall not be instatleci 4~ro ntanu~d,lc ~,~'eet n InstallaUonhof any ga es sha 1 affect vehicular traffic in the ad~ace p conform to Engineering Standard Plan No. 60~ an~3 shall be subject to the review and approval of the City Traffic and Transportation Manager prior to issuance of a building permit. 12. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance a~ith the current versions of Cngineering Standard Plan Nos. 436, and 602 pertaining to parking standards and clriveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. The previously submitted plan shall be modified to provide for adequate egress and ingress to the site. 13. That no required parking area shall be fenced or otherwise enclosed for outdonr storage uses. 14. That the devel~per shall pay the Sewer Capacity Mitigation fee for the Old Town/Basin 8 study area. 15. That approval of the church does not include weekday child day care, pre-school or school activities, with the exception of Sunday School. S PC97-146 ~j • 16. That the owner of this property shall be responsible for the removal of any on-si:e graffiti within twenry four (2h) hours of its application. ~7. That she use of any ampli~ed music or bells shall not be permitted outside the building. Non-amp?i~ed bells shail be p~rmitted in the bell tower for use between 10 a.m. and 9 g.m., only. 1g, That the m~mber of seats one thousand fourteen (1,014) sq. ft. seating area shall not be increased. The sanctuary and the assembly area shall not be used simultaneously. The number of congregates at any one time shall be limited to one hundred eighty (180 j members, sixteen ~16) years of age and over. If the number of cor~gregates exceeds one hundred eighty (180) members at any one time, the applicant shall s:abmit a parking management ptati to the City Traffic and '~'r~nsportation Manager for review and approval. 19. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans ars on ~le with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 2p. That prior to issuance of a buili~ing permit or within a period of o g' 91 10 12 and 14, date of this resolution, whichever occurs first, Condition Nos. 7, , ~ above-mentioned, shall be compliec! with. Extensions for further time to complete said conditions may be granied in accordance with Section 18.03.090 of the Anaheim Municipal Code. 21, That prior to final buii~in~ and zoning inspections, i,ondition Nos. 3, 7, and 19, above-mentioned, shal] be complied with. 22. 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. Appraval 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 Commissian ooes hereby ~nd and determine that adoption of this Resolution is expressly predicated upon app!icant's compliance with each and all of the conditions hereinabove set forth. Sho:~ld sny such condition, or any part thereof, oe declared invalid or unenforceable by the ~nal judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. _6_ YC97-145 ~ ~ THE FORECd~C' ~SOLiTTION was adopted at the Planning Commission meeting of October 13, 1997. ~ ' ~~'~~ ING COMMISSION CHAIRPERSON, Ar1AHEIM CITY PLAN1~1 ATTEST: , ~ ~ ~~ l ~. ru.~ EIM CITY PLANNING COMMrSSION SECRETARY~ STATE OF CALIFORNIA ) COUNTY OF OR.AM E)) ss. CITY OF AI`1AH Commission, do I, MarS~ta Solorio, Secretary of the Anaheim City P~a~~ng of the Anaheim ihat the foregoing resolution was passed and adopted at a meeting hereby certify the followin~ vote of the members City Planning Commission held on October 13, 1997, by thereof: g; COMMISSIONERS: BOSTWICKPE~DATUN, BRISTOL, HENNINGE , AYE NppOLES, NOES: COMMISSII~NERS; NONE MAYEP. pBSENT:COMMISSIONERS: hand tliis ~ d~Y of IN WITNESS WNERE~F. I have hereunto set my ~~_, 1997. ~~~`~~`~~ ~, ~, J,.> ~(7CNt~' -~ SECRETARY, ANA EIM CITY P1-ANNING COMMISSION PC97-146 -7-