Resolution-PC 99-31RESO! UTION NO. PC99-31
A RESOLUTION OF THE ANAHEIM CiIY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4098 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, Counry of Orange, State
of California, described as:
THAT PORTION OF LOT 7 IN BLQCK 17 Ui= A SUBDIVISION OF THE SOUTH
HHLF OF SECTION 21, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S.B.B.&M,
BEING A PART OF THE FAIRVIEW COLONY TRACT, IN THE HE CITY OF
ANAHEIM, COUNN OF ORANGE, STATE OF CALIFORNIA, AS SHOINN ON
AMP RECORDED IN BOOK 1, PAGE 33 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF 7HE COUNTY RECORDER OF SAID COUNTY, BEING MORE
PARTICULARLY DESCRIBED AS THE WEST HALF OF THE FOLLOWING
PARCEL OF LAND:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT Y, DISTANT
SOUTH 89 DEGREES 51' 10: EAST 460.40 FEET FROM THE SOUTHWEST
CORNER 7HEREOF. SAID POINT BEING THE SOUTHEAST CORNER OF
THE LAND CONVEYED TO ROBERT H. HUDSON AND WIFE BY DEED
RECORDED OCTOBER 27, 1950 IN BOOK 2094, PAGE 16, OFFICIAL
RECORDS; THE CE NORTH 0 DEGREES 33' 1G" EAST ALONG THE EAST
LINE OF SAID LAND CONVEYED TO ROBERT H. HUDSON AND WIFE, 668.87
FEEI' TO A POINT ON THE NORTH LINE OF SAID LOT 7; THENCE SOUTH 89
DEGREES 43' 50" EAST ALONG THE NOR7H LINE OF SAID LOT 7 AND THE
NORTH LINE OF LOT 8 IN BLOCK 17 OF SAID SUBDIVISION, 303 FEET TO A
POINT; THENCE SOUTH 0 DEGREES 33' 10" WEST 668.17 FEET TO A POINT
ON THE SOUTH LINE OF SAID LOT 8'; THENCE NORTH ti9 DEGREES 51' 10"
WEST ALONG THE SOUTH LINE OF SAID L.OTS 7 AND 8, 202 FEET TO THE
POINT OF BEGINNIiJG.
EXCEPTING THEREFROM THE NORTHERLY 300.00 FEE7 THEREOF.
WHEREAS, the City Planning Commission did hold a public hearing at the Civia Center in
the City of Anaheim on February 17, 1999 at 1:30 p.m., notice of sa?d public hearing having been duly
given as required by law and in accordance with the provisions uf the Anaheim Municipal Gode, Chapter
18.03, to hear and consider evid~~::~ for and against said p~oposed 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. Thal the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.44.050.130 and 18.44.050.140 to convert an existing vacant one-
story residence (formerly used as offices) to a church in lhe CL (Commerciai, Limited) Zone, with the
following waivers:
(a) Sections 18.04.042.02d
and 18.44.063
(b) Section 18.44.035.630
Minimum setback of institutionai uses adiacent to a
residential zone bound2rv.
15 feet requ(red;
5 feet proposed from RM-2400 zoning to the west)
Reauired location of parkina soaees.
(Vehicle parking required to the rear of ihe residential
structure; parking n fron proposed)
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2. That the proposed church will not adversely affect the adjoining land uses and the growth
and dev~lopment of the area in which it is proposed to be located but, instead, witl enhance the aesthetics
of the building and the property.
3. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare but, rather, the church operation will eliminate lhe burden of the blighted and
unsafe conditions of the underling property.
4. 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 tra~c in the area due to the low intensity and
minor tra~c generation of the use.
5. That granting of this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and generai welfare of the citizens of the City of Anaheim but will
further balance and buffer the transition of the CL "Commercial, Limited" zone to the adjacent residential
zoning to the north and help to eliminate problems associated with a deteriorating, unsupervised and
vacant property.
6. That only 14°/a (42 feet) of lhe total west side yard setback is a deviation from Code; that
this property is three times deeper (308 feet) than it is wide (101 feet); that strict application of the Zoning
Code requires a significant amount of Iandscaped setback area for this propertY; that the intent of the
Code is achieved not through structural compliance but through the fact that the property has an
increased depth that allows 86% of the entire west prcperty line (adjacent to residential zoning) to meet
the Code requirement of a 15-foot structural setback; and that lhis waiver is necessary due to the location
of the existing structure and that a hardship would be imposed if a significant part of this building were
demolished in order to comply with Code.
7. That front yard parking was utilized for the previous office use for over three decades; that
the adjacent property to the east (Dutch Club) also utilizes front yard parking in a manner similar to th2
proposal; that this prop~ra~ is located in a transitional area that includes not only residential but also
general commercial ~r :, iat the property has a large front vard area capable of supporting the proposed
parking; ii,~t land•ar..;,i;ig ti~e ent~re hon! yard would dimir,ish lhe practical usahility of this sike as a
commerc~:" :.~d pro,~erty; ar~ t~iai a~ly a portion o~ the parking spaces are lor.ated fn fron! of the
structure arJ, therefore, a cietenn'nation of special circumstances is applicable to this property because
an unnececsary hardship ;v~uid result from strict enforcement of the Zoning Code lhat would deprive this
property of a privilege afford,:~+ to similar properties ~. ~!his vicinity in lhe same CL zone.
8. That there are special circumstances applicable to the property such as shape, location
and surroundings, which do not apply to other identically zoned properties in the vicinity.
9. That no one indicated their presence at the public hearing in opposition; that one
concerned person spoke; and that no correspondence was received in ~pposition.
CALIFORNiA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposai to convert an existing vacant one-story residence
(formerly used as o~ces) to a church in the CL (Commercial, Limited) Zone with waivers of minimum
setback of institutional uses adjacent to a residential zone boundary and required location of parking
spaces on a rectangularly-shaped 0.11-acre property having a frontage of 101 feet on the north side of
Katella Avenue, a maximum depth of 308 feet and being located 286 ieet west of ihe centerline of Bayless
Street (1565 West Katella Avenue); and does hereby approve the Negative Declaration upon finding that
the declaration reflects the independent judgment of the lead agency and that it has considered the
Negative Declaration together with any comments received during the public review process and further
finding on the basis of the initial study and any comments received that there is no suostantial evidence
that the project will have a sipnificant effect on the environment.
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditionai Use Permit, upon the foliowing conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subject property in order fo
preserve th~ safety and general weifare of the Citizens of the City of Anaheim:
1. That the applicant shall revise the landscape plan and work with staff to develop an appropriate
landscape pallet. A landscaping plan for the entire site shall be submitted to the Zoning Division of
the Planning Department specifying type, size and location of existing and proposed refurbished
landscaping and irrigation for review and approval by the Planning Commission as a"Reports and
Recommendations" item. Following approval, the landscaping shall be installed and maintained in
accordance with the plan.
2. That the existing wall in the front of the property (south) shaii b~ removed. If a thirty six (36) inch
high wall is proposed to be located within the front setback area, it shall be located to the rear of the
setback area and so-specified on the final landscaping plan which shall be submitted to the Zoning
Division for the review and approval. This information shall be specifically shown on the plans
submitted for building permits.
3. That prior to installation of Iandscaping and irrigation facilities, professional rodent eradication shall
be undertaken for the entire property.
4. That twenty four (24) inch box trees shall be planted in the landscaping planters immediatety
adjacent to Katella Avenue and in lhe west and north required setback areas in accordance with
Anaheim Mu~icipal Code Sections 18.44.063.010. and 18.44.063.040. Said information shall be
specificaily shown on plans submitted for Zoning Division review and approval.
5. That all landscaped planters shall be permanently maintained with live and healthy plant materials.
6. That the existing sign cabinet on the south side of the property shail be removed. All existing
above-ground electrical equipment relative to this sign shal! also be removed. This information shall
be specifically shown on the plans submitted for buildfng permits.
7. That plans shall be submitted to the Zoning Division specifying decorative, wrought iron ~gsi~z~ on tne
east and west sides of the building in order to secure the rear of the property. 'Rle sxact fflw,atio~ pf
lhe gate across the driveway shall be subject to review and approval by -'1ho ~~ty TYaf~E an¢
Transportation Manager.
8. That the block wall adjacent to the east property line shall be repaired and increased t9 a finax~niUin
height of six (6) feet. This information shall be specifically shown on the plans sut~mi~tted for IhuPldlflg
permits.
9. That the maximum occupancy for this building type is forty nine (49) persons an~, fhe~efpre, fha
maximum number of congregates at any one time shali be limited to forty nine (49) ~ersv~rls,
10. That all church activities shall end before 8:30 p.m. and parked vehicles shall be remoVed by ~'~0
p.m., except on special church holidays (not exceeding ten (10) days per year). "
11. That the hours of operation for church services shail be limited as follows:
Sundays: - 8:00 a.m. to 12;00 p.m.
Wednesdays - 7:30 p.m. to 8:3U p.m.
The Pastor's office hours:
Sundays: - 7:00 a.m. to 2:00 p.m.
Wednesdays: - 6:30 p.m. to 10:00 p.m.
Thursdays through Fridays: - 9;00 a.m. to 11:00 a.m.
12. That no exterior bells or chimes and no exterlor amplification devices shal~ 5e permitted.
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13. That lighting for this facility shali be designed and positioned in a manner so as r,ot to unreasonably
illuminate or cause glare onto adjacent or nearby properties. Said information shail be specificaily
shown on plans submitted for Zoning Division approval.
14. 7hat no outdoor services shall be conducted.
15. That signage for the subject facility shall be limited to that which is shown on the exhibits submitted
by the petitioner and approved by the Planning Commission. Any additional signage shall be
subject to the review and approval of the Planning Commission as a"Reports and
Recommendations" item.
16. That no school facilities shall be operated on lhis site, inclusive of pre-school operations.
17. That the entire structure shall be refurbished and/or constructed in a quality manner including
addressing and resoiving all of the outstandir.g Code Enforcement issues, including:
Repair all windows;
Paint and re-stucco the building;
Repair and replacement block walls;
Landscape management and maintenance;
Clean-up and remove all debris from the property;
Clean-up and remove aIl debris from lhe building interior; and
Provide property security.
18. That this conditional use permit is approved for a period of three (3) years to expire on February 17,
2002.
19. That trash storage 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 file
with said Department. 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 shall be
protected from gra~ti opportunities by the use of plant materials such as minimum one (1) gallon,
clinging vines pianted on maximum three (3) foot centers or tall shrubbery. Said information shall be
specifically shown on the plans submitted for Streets and Sanitation Division approval.
20. That a plan sheet for soiid waste storage and collection ancl a plan for recycling shall be submitted
to lhe Streets and Sanitation Division for review and approval.
21. That an on-site trash truck turn-around area shzll be provided in accordance with Engineering
Standard Detail No. 610 and maintained to lhe satisfaction of the Streets and Sanitation Division.
Said turn-around area shall be specifically shown on plans submitted to the Streets and Sanitation
Division for approval.
22. The Iegal property owner shall submit an application for a Subdivision Map Act Certificate of
Compliance to lhe Public Works Department, Development Services Division. A Certificate of
Compliance or Conditional Certificate of Compliance shall be approved by the City Engineer and
recorded in the Office of the Orange County Recorder prior to (ssuance of building permits.
23. That subject property shall be developed substantially in accordance with plans 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, 2 and 3, as conditioned herein.
24. That prior to the issuance of a building permit, or prior to commencement of the activity authorized
by this resolution, or within 1 year from the date of this resolution, whichever occurs first, Condition
Nos. 1, 2, 4, 6, 7, 8, 13, 15, 19, 20, 21, 22 and 24, above mentioned, shall be compiied w;th.
Extensions for further time to complete said conditions may be granted in accordance with Section
18.03.090 of the Anaheim Municipal Code.
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25. That prior to final building and zoning inspections, Condition Nos. 3, 17 and 23, above mentioned,
shall be complied with.
26. That approval of this application constitutes approval of the proposed request only to the extent 9hat
it complies with the Anaheim Municipal Za~ing Code and any other applicable City, State and
Federal reguiations. Approval does not include any action or findings as to compliance or approval
of the request regarding any other applicable ordinznce, regulation or requirement.
BE IT FURTHER RESULVED th~t the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressiy predicated upon applicant's complia+::e
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 o~ompetent jurisdiction, then this
Resoiution, and any approvals herein contained, shall be~eemed null an void.
7H[ FOREGOING RESOLUTION as ado~tea at t I ning Commission meeting of
February 17, 1999. t ~
. s/~,~.I ~~
CHAIRPERSpN, ANA~PIEIM CITY PLANNING COMMISSION
ATTEST:
l ,L~Z~. '~'
SECRETARY, ANAH M CITY PLP,NNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Maheim City Planning Commission, do hereby certify
that the foregoing resolutfon was passed and adoptsd at a meeting of the Anaheim City Planning
Commissfon held on February 17, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: WILLIAMS
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
~~~_, 1999.
~,~1~~cc~'~..~:.~ SA-~R~.s~
SECRETARY, , AHEIM CI7Y PLANNING COMMISSION
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