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Resolution-PC 2002-24• • RESOLUTION NO. PC2002-24 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4098, AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. 99-31, ADOPTED THEREWITH WHEREAS, on February 17, 1999, the Anaheim City Planning Commission, by Resolution No. 99-31, granted Conditional Use Permit No. 4098 to convert an existing one-story residence (formerly used as an office) 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; and that Condition No. 18 of said resolution specifies, "That this conditional use permit is approved for a period of three (3) years to expire on February 17, 2002"; and WHEREAS, this property is developed with a church in a converted single-family residence; that the structure has been modified for "B" occupancy (i.e., office use, less than 50 occupants); that the underlying zoning is CL (Commercial, Limited); and that the Anaheim General Plan designates the property for Commercial Professional land uses; and WHEREAS, the petitioner has requested reinstatement of this conditional use permit by the modification or deletion of Condition No. 18 pertaining to the use expiring on February 17, 2002 to retain the church pursuant to Code Section 18.03.093 of the Anaheim Municipal Code; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 11, 2002, at 1:30 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 18.03, to hear and consider evidence for and against said proposed amendment 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. That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code. 2. That the proposal, as amended, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. 3. That the size and shape of the site for the proposal is adequate to allow full development of the use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. That the traffic generated by the use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That granting this reinstatement, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 6. That field inspections by Planning Department staff indicate that the property is being satisfactorily maintained; and that the use permit is being exercised in substantially the same manner and in conformance with all conditions and stipulations originally approved by the Planning Commission. Tracking No. 2001-04498 cr5298dm.doc - 1 - PC2002-24 • • 7. That this conditional use permit is being exercised in a manner not detrimental to the particufar area and surrounding land uses, nor to the public peace, health, safety and general welfare. 8. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to retain a church in a converted single-family residence on property consisting of a rectangularly-shaped 0.71-acre property having a frontage of 101 feet on the north side of Katella Avenue, a maximum depth of 308 feet, being located 286 feet west of the centerline of Bayless Street, and further described as 1565 West Katella Avenue (Praise Mission Church); and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 4098 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the previously approved 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 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 reinstate and approve Conditional Use Permit No. 4098, including deletion of the time limitation; and BE IT FURTHER RESOLVED that the Planning Commission does hereby amend Resolution No. 99-31, adopted in connection with Conditional Use Permit No. 4098, to amend the conditions of approval in their entirety to read as follows: 1. That twenty four (24) inch box sized trees shall be planted and maintained in the landscaping planters immediately adjacent to Katella Avenue and in the west and north required setback areas, in accordance with Anaheim Municipal Code Sections 18.44.063.010. and 18.44.063.040. 2. That all landscaped planters shall be permanently maintained with live and healthy plants. 3. That the existing wrought iron gates on the premises shall be maintained in order to secure the property. 4. That the block wall adjacent to the east property line shall be repaired and maintained in good repair, at a maximum height of six (6) feet. 5. That the maximum occupancy for this building type is forty nine (49) persons and, therefore, the maximum number of congregates at any one time shall be limited to forty nine (49) persons. 6. That all church activities shalf end at 9 p.m. on weeknights and parked vehicles shall be removed by 9:30 p.m., except on special church holidays (which holidays shall not exceed ten (10) days per year). 7. That the hours of operation for church services shall be limited to the following: Sundays: - 8 a.m. to 5 p.m. Wednesdays: - 7 p.m. to 9 p.m. Thursdays: 7 p.m. to 9 p.m. The Pastor's office hours shall be limited to the following: Sundays: Wednesdays: Thursdays through Fridays - 7:00 a.m. to 2:00 p.m. - 6:30 p.m. to 10:00 p.m. - 9:00 a.m. to 11:00 a.m. cr5298dm - 2 - PC2002-24 . • 8. That no exterior belis or chimes and no exterior amplification devices shail be permitted. 9. That lighting for this facility shall be designed, positioned and maintained in a manner so as not to unreasonably illuminate or cause glare onto adjacent or nearby properties. 10. That no outdoor services shall be conducted. 11. That signage for the subjecf facility shall be limited to that which is shown on the exhibits submitted by the petitioner and approved by the Planning Commission. Any additionaf signs shall be subject to the review and approval of the Planning Commission as a"Reports and Recommendations" item. 12. That no pre-school or other school facilities shall be operated on this site. 13. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage area(s) shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized, clinging vines planted on maximum three (3) foot centers, or tall shrubbery. 14. That an on-site trash truck turn-around area shall be maintained in accordance with Engineering Standard Detail No. 610, and to the satisfaction of the Streets and Sanitation Division. 15. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1, 2 and 3, as conditioned herein. 16. 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. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 11, 2002. , ~~/~-ed CHAIRPE N, ANAHEIM I PLANNING COMMISSION ATTEST: /~ ~~i~-,~__~~ ~~a SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) cr5298dm - 3 - PC2002-24 • ~ I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on February 11, 2002, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: VANDERBILT IN WITNESS WHEREOF, I have hereunto set my hand this ~`-`tiay of , 2002. i~~~~- ~.~.~~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION cr5298dm - 4 - PC2002-24