Resolution-PC 98-190RESOLUTION NO. PC98-190
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETlTION FOR CONDITIONAL USE PERMIT NO. 4077 BE GRANTE~
~NHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional
Use Permit far certain real property situated in the City of Anaheim, County of Orange, ~tate of California,
described as:
PARCEL 1 OF MAP 79-231, IN THE CITY OF ANAHEIM, AS PER NiAP FILED IN
BOOK 141, PAGES 32 AND 33 OF PARCEL MAPS, IN THE OFFlGF.. °~F THE COUNTY
RECORDER OF SAID ORANGE COUNTY.
WHEFiEAS, the C~';~ Pla~ning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on ,~ arember 23, 1998 at 1:30 p.m., no[ice of said public hearing havi~g
been duiy given as require~ hy ~aw and in accordance with the provisi~ms of the Anaheim PAunicipai
Code, Chapter 18.03, to hear and consfder evidence for and against said proposed conditional use
permit and to investigate and make findir.gs and recommendations in connection therewith; and _
WHEREAS, said Cammission, after uue inspection, investigation and study made by
itself and in its behalf, anc~ after due ~Gnsideration of all evidence and repor(s 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 18.44.050.130 to permit a church in a 37,196 sq.ft.
office building with the foilowing waivers:
(a) Sections 18.04.042.020 - Minimum setbacks for institutional uses from a residential
and 1II.44.063 zone boundarv.
(15 feet required from RS-7200 zoning to the west and FM-1200 zoning
to the norlhwest; 6 feet proposed between the church parking lot and the
RS-7200 zoning and none to one foot proposed between the parking lot
and carports in the RM-1200 zone)
(b) Sections 18.04.060.050 - Minimum ~arkinq lot land: •,aoing,
and 18.44.066.040 (average 48 sq.ft. landscaped planter required between every 10 spaces
in a row; none proposed)
(c) Sections 18.06.050.0212 - Minimum number of oarkina soaces.
18.06.050.0266 146 spaces required; 121 existing)
18.06.080
and 18.44.066
2. That waiver (a), minimum setbacks for institutional uses from a residential
zone boundary, is hereby approved on the basis that the building and the parking lot are existinc~
features on the property, and that the residential uses will be screened from church acNvities by
existinq and proposed landscaping; and that there are special circumstances because thP property
is already developed and strict application of the Zoning Code wouid deprive this property of
privileges granted to other existing CL zoned properties with existing buildings converted to church
use.
3. That waioer (b), minimum parking lot landscaping, is he~eby approved on
the basis that the substantial amount of existing, mature, well-maintained landscaping wilhin the
parking lot (2,480 sq.ft.) exceeds the overall Code requirement; and that there are special
circumstances because the property is already developed and stric;t application of the Zoning Code
CR3490PK.DOC -1- PC98-190
~voutd deprive +his property of privileges granted t~ other existing GL zoned properties with existing
buildings converted to church use. .
4. That waiv~r (c), minimum number of parking spaces, is hereby approved on the basis
that, from a shared parking standpoint, the parking requirements for this proposal (church with office uses) wi~l be
met with the existing parking suppiy beca~se when the church is conducting services and requires 121 spaces,
there will be no demand for office parking and, conversely, during regular office hours when 27 spaces are
required, no church services will be held.
5. i hat the traffic generated by the proposed church will not impose an undue
burden on the streets and highways, as substantiated by the parking study prepared by Katz, Okitzu
and Associates (dated October 7, 1998) and approved by the City Traffic and Transportation Manager
upon the finding that this proposal use will not adversely affect the existing parking suppiy because
there will be a one hour interval between church services.
6. That there will be no increase in demand or competition for parking spaces upon public
streets because the Municipal Code requirement for this complex is satisfied by availeble off-street parking; and
that parking is not allowed on Brookhurst Street in the vicinity of this project.
7. That the proposed project will not cause any demand for parking on private property in the
vicinity because an adequate parking supply is available on the project site.
8. That the existing parking lot layout is properly designed and is capable of handling on-site
circulation at peak usage periods without significant congestion.
9. That this parking waiver will not affect ac~ess between adjacent properties and public
streets because on-street parking is not ailowed on Brookhurst Street in the project vi~inity and, as a result, there
will be no direct effect on visibility or access.
10. That the size and shape of the site is large enough to support th~ proposed
church facility in a manner not detrimental to the particular area nor to the peace, health, safely, and •
general weffare.
11. That granting this conditional use permit, under the conditions imposed
(including the prohibition of day care facilities and/or private schools accessory to the church), wili not
be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
12. That no one indicated their presence at the public hearing in opposition; and
that ~o correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the
Anaheim City Plannin~ ~ommission has reviewed the proposal to permit a church in a 37,196 sq.ft.
o~ce building with waivers of minimum setbacks for institutional uses from a residential zone
bounaary, minimum parking lot landscaping and minimum number of parking spaces on a
rectangularly-shaped 1.6P-acre property having a frontage of 100 feet on 1he west side of Brookhurst
Street, a maximum depth of 599 feet and being located 450 feet south of the centeriine of Orange
Avenue, and further described as 63 i South Brookhurst Street (Heritage Internationai); and does
hereby apnrove the Negative Declaration upon finding that the declaration reflects the independent
jud~ement of the lead agency and that it has considered the Negative Declaration together with any
comments received during the public revi2w process and further finding on the basis of the initfal study
and any comments :nceived that there io no substantial evidence that the project will have a
significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby grant subject Petition for Conditional Use Permit, upon thc~ following
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conditions which are hereby'ound to be a necessary prerequisite to the proposed use of the subject
property in order to preserve the safety and general welfare of the Citizens of the Cily of Anaheim: -
1. That the restrooms shaii be accessibie only through the interior of the building.
2. That the rumerical street address shall be provided on the roof in contrasting colors in a
manner not visible to the street, to the satisfaction of the Anaheim Police Department.
3. That the parking lot serving the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discemible the appearance and conduct of ali persons on or about
the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as
not to unreasonably illuminate the windows of nearby residences and shall be limited to a
maximum height of twelve (12) feet. Said lighting fixtures shall be so-specified on the plans
submitted for building permits.
4. That two (2) to three (3) weeks prior to occupancy of this building, the property owneddeveloper shall
contact the City Water Engineering Division for domestic, irrigation, and fire line water use.
5. That trash storage area(s) shall be provided and maintained in location(s) acceptable to tha
Public Works Department, Streets and Sanitation Division, in accordance with approved
plans on file with said Department. Said storage areas shall be designad, located and
screened so 2s not to be readily identifiable from adjacent streets or highways. The walls of
the storage areas shall be protected from gra~ti opportunities by the use of plant materials
such as clinging vines or tall shrubbery. Said information shall be specifically shown on the
plans submitted for Streets and Sanitation Division approval.
6. That a plan sheet for solid waste storage and collection and a plan for recycling shail be
submitted to the Streets and Sanitation Division for review and approval.
7. That an on•site trash truck turn-around area shall be provided fn accordance with
Engireering Standard Detail No. 610 and maintained to the satisfaction of the Public Works
Department, Streets and Sanitation Division. Said turrraround area shali be specifically
shown on plans submitted for building permits. •
8. That this properly be served with underground utilities in accordance with the Electrica~ Rates,
Rules, and Regulations, and the City of Anaheim Underground Policy.
9. That the Iegai owner of this property shall provide the Ciry of Anaheim with a public utility
easement. Said easement shali be submitted to the City E~ectrical Engineering Division.
10. That all required City utility relocations in connection with the subject church shall be at the property
owner/devPloper's expense.
11. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval showing conformance with the most current versions of Engineering Standard Plan
Nos. 436 and 602 pertaining to parking standards and driveway locations. Sub!ect property
shall thereupon be developed and maintained in conformance with said plans. The exhibit
approved in connection with the Planning Commission public hearing shall be modifled to
provide for adequate handicapped parking spaces and relocation of ihe existing trash pick-up
~rea.
12. That there shall be a minimum one (1) hour time interval between Sunday church services ta
facilftate vehicle circulation (n the church parking lot.
13. That the hours nf o~eration shall be limited to:
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Monday through Friday: 8:00 a.m. to 9:30 p.m. for general o~ce and church activities
Sunday: 8:00 a.m. to 10:00 p.m. for church services -
&pecial Events will be permitted on a bi-monthly schedule from 6:00 p.m. to 10:00 p.m. on
Friday or Saturday. No formal religious services shall take place during regular weekday
business hours.
14. That ail church activities shall end be'ore 10 p.m., except on special church holidays (not to
exceed ten (10) days per year).
15. That the tower element shall incorporate an unlighted cross as shown on the submitted and
approved exhibits; and that no bell or simulated bell system shall be installed which is
audible ~t the exterior of the building. Said information shall be specifically shown on plans
submitted for building permits.
16. That a six (6) foat high masonry block wall shali be constructed and maintained along the
west and north property iines abutting the existing residential zone boundaries; provided,
however, that :he City Tra~c and Transportaticn Manager shall have the authority to reduce
the height of the wail to protect visual linesof-sight where pedestrian and/or vehicular
circulation intersect. 'fhe existing landscape materials adjacent to the interior portion of said
block wall shall be maintained. Additionai one (1) gailon sized vines shall be planted on
maximum three (3) foct centers along sald block wall to eliminate graffiti opportunities. Said
information shall be specifically shown on plans submitted for building permits.
17. That all existing mature landscaping shall be mairtained and immediately replaced in the
event that it becomes diseased or dies.
18. That signage for subject facility shall be limited to that which is shown on the exhibits
submitted by the petitioner and approved by the Planning Commission, including the re-
facing the existing eight (8) foot high, thirty (30) sq.ft. pole sign to identify this church. Any
additional signs shail be subject to approval by the Planning Commission as a"Reports and
Recommendations" item.
19. That no roof-mounted equipment shall be permitted unless screened in compliance with Code
requirements.
20. That there shall be no accessory day car~ facility or private school permitted on this property.
21. That the owner of subject property shall su~mit a letter requesting termfnation Variance No. 3437
(waiver of minimum number of parking spaces to establish a vocational training school) to the
Zoning Division.
22. That subject property shall ae ~eve!aped substantially fn accordance with pl2ns and specifications
submitted to the City of Anaheim by the petilioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 7, and as conditioned herein.
23. That prior to issuance of a building permit, or prfor to thE commencement of the activity herein approved,
or within a period of one (1) year from the date of this resolution, whfchever occurs flrst, Condition Nos. 3,
5, 6, 7, 9, 11, 15, 16 and 21, above mentioned, shail be compifed with. Extensfons for i~;rther time to
complete said condilions may be granted in accordance with Se~tion 18.03.090 of the Anahe(m Municipal
Code.
24. That prior to final building and zoning (nspections, Condition Nos. 2, 10 and 22,
above-men8oned, shail be complied with.
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25. That approval of this appllcation constitutes approval of the proposed request oniy to the
extent that It complies with the f+naheim Municipal Zoning Code and any other applicable City,
State and Federal regulations. A{~proval does not include any acUon ar findings as to
compliance or approval of tho request regarding any other applicable ordinance, regulation or
requirement.
BE IT F~'T;'i HER RESOLVED that the Anaheim Cily Planning Commission
does hereby find and defermine :..~ adoption of this Resolution is expressly predicafed upon
applicant's complianco with ea~ ~~nd all of the conditions hereinabove set fortn. Should any such
condition, Qr any part thereof, be declared invalid or unenforceable by the final Judgment of any court
of competent jurisdiction, then this Resolution, an ~any approvals herein contained, shall be deemed
null and void.
I
THE FOR~ RE~S~LUT ~as adopted at the Planning Commission meeting of
November 23, 1998. \ ~ ` /„ ,
CHAIRPERSO(~1~4NAH~IM CITY PLANNING COMMISSION
AnEST:
~ ~xXS~o.--~
SECRETARY, ANAHEIM CITY PLANNING CCMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
i, flsbelia Edmundson, Secretary of the Mahe(m City Planning Comniss(on, do
hereby certify that the foregofng resolution was pzssed and adopted at a meeting of the Anahe(rn City
Planning Commission held on November 23, 1998, by t~P following vote of the members thereof:
AYES: COMMISSIONER3:BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES, WILLIAMS
NOE~: COMMlSSIONERS:NONE
ABSENT: COMMISSIONERS:NONE
IN WITNESS WHEREOF, I have horcunlo set my hand this ~.S day of
, 1998.
m ~'+~.~~... ~.o
SECRETARY, ANAIIEIM CITY PLANNING COMMISSION
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