Resolution-PC 2003-155•
RESOLUTION NO. PC2003-155
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2001-04333, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. 2001 R-106 AS
AMENDED BY RESOLUTION NO. PC2002-66,
ADOPTED THEREWITH
WHEREAS, on April 24, 2001, the Anaheim City Council did, by its Resolution No. 2001R-106,
grant Conditional Use Permit No. 2001-04333 to permit a church in an existing building at 309 North
Manchester Avenue with waiver of minimum number of parking spaces; and that Condition No. 1 of said
resolution specifies that the use permit shalf expire one year from the date of approval on April 24, 2002;
and
WHEREAS, on May 6, 2002, the Anaheim City Planning Commission did, by its Resolution
No. PC2002-66 (Tracking No. CUP2002-04539), amend Resolution No. 2001 R-106 to reinstate Conditional
Use Permit No. 2001-04333 and amend the conditions of approval in their entirety, including Condition No. 1
to read as follows:
"1. That this conditional use permit shall expire on October 24, 2003."
WHEREAS, the property is developed with a building at 309 North Manchester Avenue that
has been converted to a church (Agape House of Prayer) in the ML (Limited Industrial) Zone; that the
Anaheim General Plan Land Use Element designates the property for General Commercial Iand uses; and
that the property is located in the Plaza Redevelopment Project Area; and
WHEREAS, pursuant to Code Section 18.03.093 of the Anaheim Municipal Code, the
petitioner has requested reinstatement of this conditional use permit to retain the church and to delete the
condition of approval pertaining to the time limitation; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on November 17, 2003, 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
WFiEREAS, 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 use, as proposed to be reinstated and amended, is properly one for which a
conditional use permit is authorized by the Zoning Code.
2. That the use, as amended, wili not adversely affect the adjoining land uses and the growth
and development of the area in which it is located; and that this conditional use permit is being exercised in
a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health,
safety and general welfare; that the Agape House of Prayer has occupied fhis industrial building since April
2001 and the overatl appearance of the industrially-zoned property has been significantly improved including
painting the building and placing and maintaining potted plants along the building front to enhance the
entrance; that there have been no Code violations or complaints associated with this operation; and that
although this project is located in the Plaza Redevefopment Project Area, imposing an additionel time limit on
the church would not serve to further the goals of the project area; and that when the Redevelopment Plan
(which designates this property for retail (auto dealership) uses) moves forward in the future, the property
owner will decide about participating in such plan but, in the interim and because the applicant has
demonstrated compliance with all tk~e conditions previously imposed and has improved the industrial property
beyond its original condition and has not caused any adverse impacts to the area, it is appropriate that the
Tracking No. CUP 2003-04790
CR\PC2003-155.doc -i - PC2003-155
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time limitation be deleted to permit reasonable operation under the conditional use permit as originaliy
granted including certain amendments to the conditions of approval.
3. That the size and shape of the site for the use, as amended, is adequate to allow full
devefopment of the use in a manner not detrimental to the particular area nor to the peace, health, safety
and general welfare because the use is not proposed to be intensified.
4. That the traffic generated by the use, as amended, 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 will not, under the conditions imposed, be detrimental to the
peace, health, safety and general welfare of the citizens of the City of Anaheim.
6. That this conditional use permit is being exercised in substantially the same manner and in
conformance with all conditions and stipulations previously approved by the City Council and Planning
Commission as required by Subsection 18.03.093.040 (pertaining to the reinstatement of conditional use
permits and variances approved with time limitations) of the Zoning Code.
7. That without deletion of the time limitation, this use would not be permitted to continue
operating at this property because a church requires a conditional use permit.
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 fias reviewed the request to modify the conditions of approvaf to modify or ~lefe fhe time
limitation and reinstate this conditional use permit to retain a church on a 0.25-acre property having a
frontage of 120 feet on the south side of Manchester Avenue and a maximum depth of 82 feet, being located
210 feet west of the centerline of Loara Street, and further described as 309 North Manchester Avenue
(Agape House of Prayer); and does hereby find that the Negative Declaration previously approved in
connection with Conditional Use Permit No. 2001-04333 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 amend Resolution No. 2001 R-106 as amended by Resolution No. PC2002-66, adopted in connection
with Conditional Use Permit No. 2001-04333, to delete the time limitation and reinstate this conditional use
permit, and to amend the conditions of approvai in their entirety to read as foilows:
1. That three (3) foot high street address numbers shall be maintained and displayed on the roof of the
building in a contrasting color to the roof materiaf. The numbers shail not be visibie to the adjacent
streets or properties.
2. That the property shall be maintained in conformance with plans previously reviewed and approved by
the Ciry Traffic and Transportation Manager pertaining to Engineering Standard Plan Nos. 436, 601 and
602 relating to parking standards and driveway locations.
3. That the existing structures shall comply with the minimum standards of the City of Anaheim including
the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of
Anaheim.
4. That there shall be no accessory day care facilities or private schools permitted on this property.
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5. That the property shall be permanently maintained in an orderly fashion through the provision of regular
landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24)
hours from time of occurrence.
6. That signage for subject facility shall be limited to that shown on Exhibit No. 4, as submitted by the
petitioner and approved by the Pfanning Commission. Any additional signs shall be subject to review
and approval by the Planning Commission as a`Reports anct Recommendations' item.
7. That the petitioner shall maintain a minimum of three (3) potted plants located in the front of the
building, as reviewed and approved by the Planning Department.
8. That trash barrels shall be stored out of the public's view.
9. That guard posts (i.e., crash posts) shall be maintained around the existing fire hydrant located in the
parking lot.
10. That subject property shall be maintained 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, 3 and 4, and as conditioned herein.
11. That the hours of operation shall be limited to the following:
Monday through Friday: 8 a.m. to 4:30 p.m. (office hours)
Tuesday and Wednesday: 7 p.m. to 10 p.m. (Bible study)
Thursday and Friday: 7 p.m. to 9 p.m. (choir practice and outreach)
---~atur a~y and-~und~y~. -----~ a.m. ~o ~.m-(churc-i s ices anct miscef anet ous o~tice activifies)-- ---- --"
12. 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 Federa{
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 th Plannin C mission meeti~g of
November 17, 2003. ,-~ ~'7 / ~ ~~ ~p ,
PERSON, ANAHEIM CITY PLANNING COMMISSION
A
RETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior 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 hefd on November 17, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, O'CONNELL, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLORES
IN WITNESS WHEREOF, I have hereunto set my hand this 1~ day of
+ ' , 2003. ~ ~ ,
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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