Resolution-PC 97-86~J
RESOLUTION NO. PC97-S6
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMluIISSION
THAT PETITION FOR CONDITIONAL U5E PERMIT NO. 3945 BE GRANTED
WHEREAS, the Anaheim Ciry Planning Commission did receive a ver~ed Petition for
Conditional Use Permft for certain real property situated in the Ciry of Anaheim, County of Orange, State
of Calffornia, described as:
PARCEL 1 OF PARCEL MAP NO. 90-179, IN THE CITY OF ANAHEIM, COUNTY
OF QRANGE, STATE OF CALIFORNIA, AS SHOWN A MAP FILED IN BOOK 279
PAGES 45, 46 AND 47 OF PARCEL MAPS, IN THE OFFICE OF 1'HE COUNTY
RECORDER OF SAID CQUNTY.
WHEREAS, the City Planning Commission d(d hold a pub8c hear(ng at the Civic Center
in the City of Anaheim on June 23, 1997, at 1:30 p.m., notice of said public hearing haN(ng been duly given
as required by law and in accordance with the provisions of the Anaheim Municlpal Code, Chapter 18.03,,
to hear and consider evidence for ansl against said proposed conditional use permit and to investigate and
make findings and racommendations in connect(on tharewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by ftself
and in fts behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following h~cts:
1. That the propased use is properly one for which a conditional use permit is author(zed by
Anaheim Munlcipal Code Sectfons 18.44.050.130 and 18.44.050.270 to establish a church and an
eiementary school for up to 49 children in an exfsting 12,400-sq. ft. office building with waiver of the
foliowing:
Sections 18.06.050.0266 - Minimum number of parkino soaces.
18.06.050.0212 ~i..~ required; 1~? proposed and concurred with by
18.06.050.0266 the C'dy Traffic and Transportatlon Manager)
18.06.050.0257
18.06.080
and 18.A4.066.050
2. That the parking study indicates tF~.at the peak parking demand (based on the demand of
the church at its cu~ent location) for off-street parking (93 spaces) is substantially lower than the number
(107 spaces) provided on this sfte;
3. That ti~ie parking waNer, urxler the conditions imposed, wiil not cause fewer off-street
parking spaces to be provided for such use than the number of such spaces necessary to accommodate
ail vehicles attributable to such use under the normal and reasonably foreseeable conditfons of operation
of such use because the proJect parking lot has more than adequate par'~cing to accommalate the
projecYs peak parking demands;
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4. That the waiver, under the conditions imposed, will not increase the demand and
competi~tian for parking spaces upon the public streets in the immediate vicir:`.?y: of the proposed use
because the project site parking lot is physically separated from the adJacent PY~oenix Club parking loi;
and, furthermore, there is no reason ior this use to encroach into other parking facilities because the
project sfte ~ ov(des ampte parking as indicated in the parking analysis;
5, That ths waNer, under the conditions imposed, will not increase the demand and
competftion for parking spaces upon aovided as~arkin r forsuch use unde~r ant agree ent m compifane
use (which property is not expressly p Pa 9
with Section 18.06.010.020 of this Codo);
6. That the waiver, under the corxiitions imposed, will not increase traific con~estion with(n
the off-street parking areas or lots provided for such use because the supply of project site parking spaces
is greater than the anticipated peak parking demand; and, iurthermore, a substantial surplus of parking
spaces are expected within the parking lot after the 11:30 a.m. Sunday worship service;
7. That the waiver, under the condftions (mposed, will not impede vehicular ingress to or
egress from adjacent propertfes upon the pubi(c streets i~ the immediate vicinfty oi the proposed u~e
because existing excellent line~-of-sight and a tuming area for the project driveway on Sanderson Avenue
will be unaffectai by the proposal;
8. That the proposed use is prcperly one for which a conditional use permit is auchorized by
the Zoning Code; '
9. That the proposed use will nat adversel;~ affect the adjoining land uses and the growth and
development of the area in wh(ch it is proposed to be located; and that the proposed church and
accessory school will involve the assemblage of persons as does the adjacent sociai club (Phoenix Ciub),
which has existeci since 1992 wfthout known adverse impact to other land uses of the area; and that due
to the nature of the surrour~ding land uses and the varying peak hours of operation between the uses, this
use will not impose an undue burden upon the streets and highways in the area, nor be detrimental to the
peace, health, safety snd general weifare of the cftizens of the Ciry of Anaheirr
10. That the size and shape of the site for the proposed use is adequate to allow the full
- development of the proposed use in a manner not detrimental to the particular area nor to the peace,
, he~ith, safety and general welfare;
11. 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 fn the arsa; and -hat during occasional
Anaheim Arena event traff(c congestion, traffic controi is provided to maintain ingress and egress for all
the properties located in this area;
12. That the granting of the condit(onal use permit. under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfars of the citizens of the Ciry of Anaheim; and
13. That two persons indicated their presence at said public hearing in opposition: and that
no correspondence was recefved in oppasRion to the subject petition.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anahelm City Planning
Commission has reviewed the proposal to establish a church and elementary school for up to 49 children
within an existing 12,400-square foot office building on a irregularly-shaped 1.56-acre property located at
the southwest corner of Sanderson Avenue and Phoenix Ciub Drive and which has frontages of 270 feet
on Sanderson Avenue and 296 feet on Phoenix Club Drive (1320 East Sanderson Avenue); and does
hereby approve the Negative Declaration upon flnding that the declaration reflects the independeni
judgement of the lead agency and that it has considered the NegatNe Deciaration together with any
comments received du~ing the public review process and further finding on the basis of the inftial study
and any comments receNed that there is nu substantial evidence that the project will have a significant
effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commissfon does
hereby grant subject Petition for Conditional Use Permft, upon the faliowing conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
s~fery and general weifare of the Citizens of the Ciry of Anaheim:
1. (a) That the average number of church members is currenUy tv~o hundred fifty (250), sixteen (16)
years of age and ovor; and
(b) If the numbor of ~ongregates exceeds two hundred ninety nine 299 at any one time, the
applicant shall submit a parking rnanagement plan to the Ciry Traffic and Transportation Manager
for review and approval.
2. That signage for subJect facilfty shall be Iimfted to that shown on the exhibits submitted by the
petftioner. Any addftional sfgnage shall be submitted to the Plann~ng Commission for review and
approval as a"Reports and Recommendations' item.
3. That the on-sfte landscaping and irrigatfon system shall be maintained in compliance with City
standards.
4. That the petitioner shall obtain sign permfts for all unpermitted signs on this property or remove all
unpermitted signs.
5. That the owner of the subject properiy shall submit a letter reques4ing termination of Condftional Use
Permit No. 2732 (to permit construction of a corporate o~ce with a non-industrial training faciliry with
waiver of minimum number of parking spaces) to the Zon(ng Division.
6. That a minimum of one hundred seven (107) parking spaces shall be maintained at all times.
7. That the granting of the parkfng waiver is contingent upon operation of the use fn conformance wfth
the assumptions and/or condusions relating to the operation and intensity uf use as contair.ed in the
parking demand study that formed the basis for epproval of said waiver. Exceeding, vtolating,
intensifying or otherwise deviating from any of sak~ assumptions and/or conclusions, as contained
in the parking demand study, shall be deemed a violatfon of the expressed conditions imposed on
said waiver which shall subject this Conditional Use Permrt to termination or modification pursuant
to the pravisfons of Sections 18.03.Oy'i and 18.03.092 of the Anaheim Mun(cipal Code.
8. That th(s condit(onal use permit shall explre fNe (5) years from the date of this resolution on June 23,
2002.
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9. That the hours or operation shall be limfted to:
Church: 7 p.m. to 9 p.m., Monday through Frklay
10 a.m. to 4 p.m., Sunday
School: 8 a.m. to 3:30 p.m.. Monday through FrkJay
10. That plans shall be submftted to the City Traffic and Transportation Manager for review and approval
show(ng conformance wfth the latest revislon of Engineering Standard Plan Nos. 436 and 602
pertaining to parking standards and driveway locations. Subject property shall thereupon be
developed and maintained in conformance wfth sa(d plans.
11. That use of any portion of the parking lot araa for school outdoor play shall be Iimited to week days
and shall be Iimited to an area of the parking lot not utilized for parking or vehicular circulation to
ensure the safery of the school chfldren and staff.
12. That subject property shail be developed substant(ally in accordance with plans and specffications
submitted to the Ciry of Anaheim by the petft(oner and which plans are on file with the Planning
Department marked Exhibft Nos. 1, 2 and 3, and as conditioned herein.
13. That school enroliment shall be limited to forty nine (49) students, grades 1 through 8.
14. That the legal owner(s) and tenant(s) of subject properry shail execute and record an unsubordinated
covenant in a form aryproved by the City Attomey's Office wherein such owner(s) and tenant(s)
declare that they are aware of and do not object to the lawful operation of the conditional use permft
for the Phoenbc Gub on adjacent property a~d acknowledge that they are aware of the fndoor and
outdoor actNit(es that take place at the Phoenix Club on a year-round basis relating to Iiquor, noise,
hours of operation, traffic and parking. A copy of the racorded covenant shall be submitted to the
Zoning DNision.
15. That with(n a period of thirty (30) days from the date of this resolution, Condftion Nos. 4 and 5,
above-mentioned, shall be completed
16. That prior to the commer.cement of the activity auti~orized by this resolution or wfthin a period of one
(1) year from the date of this resolutfon, whichever xcurs first, Condition Nos. 10, 12 and 14,
above-mentioned, shall be complied wfth. Extensions for further time to complete said condftions
may be granted in accordance with Sectfon 18.03.090 of the Anaheim Municipal Code.
17. That approval of this appUcation constftutes approval of the proposed request only to the extent that
R complies wfth the Anaheim ~iunicipal Zoning Code and any other applicable Ciry, State and Federai
regulations. Approval dces not include any action or findings as to compliance or approval of the
reques4 regarding any other appllcable ordinance, regulatfon or requfrement.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commfssion does hereby find
and determine that adoption of this Resolution is expressly predicated upon applicani's compliance wfth
each and all of tho condftions hereinabove set forth. Should any such condit(on, or any part thereof, be
declared invalid or unenforceable by the ftnal judgment of any court of competent jurisdiction, then this
Resofutlon, and any approvals herefn contained, shall be deemed null arxi void.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 23, 1997.
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CHAI SON ANAHEIM ClTY PIANNING COMMISSION
ATfEST:
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SECRETARY, AN EIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF AIvAHEIM )
I, Margarfta Solorio, Secretary of the Anahaim City Planning Comm(ssion, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Ciry Plannfng
Commission held on June 23, 1997, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSIWI~. ~YDSTUN, BRISTOL, HENNINGER, MESSE, PERAZA
NOES: COMMISSIONERS: NONE ,,
ABSENT: COMMISSIONERS: MAYER
IN WITNESS WHEREGF, I have hereurto sei my hand this ~~JRQ day of ~~
1997. •
J
SECRETARY, ANAH CITY PLANNING COMMISSION
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PC97-86