Resolution-PC 2006-74• ~
RESOLUTION NO. PC2Q06-74
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
REINSTATING AND'APPROVING CONDITIONAL USE PERMIT NO. 2003-04663, AND
AMENDING CERTAIN CONDITONS OF APPROVAL OF RESOLUTION NO. PC2003-45,
ADOPTED THEREWITH
(300 NORTH WILSHIRE AVENUE)
WHEREAS, on March 10, 2003, the Anaheim Planning Commission, by Resolution No.
PC2003-45 approved ConditionalUse Permit No. 2003-04663 to retain a previously-approved church; and
WHEREAS, said Resolution No. PC 2003-45 includes the following condition of approvaL•
"1. That this use sfiall expire on March 10, 2006:'
WHEREAS, the property is currently developed with a single story commercial building, the
underlying zoning is C-G (General Commercial), and the Anaheim General Plan designates this property for
Office-Low land uses; and
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for
Reinstatement of Conditional Use Permit to modify or delete condition of approval no. 1 of Resolution No.
PC2003-45 pertaining to a time limitation to retain a previously-approved church within an existing commercial
retail center pursuant to Code Section 18.60 of the Anaheim Municipal Code for oertain real property situated
in the City of Anaheim County of Orange, State of California, described as:
THE WES7 165.00 FEET, MEASURED ALONG THE NORTH LINE OF THE SOUTHEAST
QUARTER OF SECTION 9, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN
JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, AS SAID SECTION IS KNOWN AS A
MAP RECORDED IN BOOK 51, PAGE 10, MISCELLANEOUS MAPS, tN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, LYING NORTHERLY OF THE NORHTEASTERLY
LINE OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA
RECORDED APRIL 26, 1954 IN BOOK 2715, PAGE 423 OFFICIAL RECORDS.
WHEREAS, the Planning Commission did conduct a public hearing at the Civic Center in the
City of Anaheim on September 6, 2006, at 2:30 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 18.60, to hear
and consider evidence for and against said proposed 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. That the applicant's proposal to reinstate a previously-approved church is authorized by
Anaheim Municipal Code Section Nos. 18.08.030.040.0402 (Community and Religious Assembly) and
18.60.180 (Reinstatement of a time-limited permit).
2. That the proposed reinstatement and deletion of time limitation for the church would not
adversely affect the adjoining land uses and the growth and development of the area in which it is currently
located because the facility already exists and is being operated in conformance with all conditions of
approvaL
3. That the proposed deletion of the time limitation is appropriate because it is not anticipated
that the church would relocate in the near future or change its operation, and the periodic review of this use is
no longer necessary since the church has been properly maintained over an extended`period of time.
Cr\PC2006-74 -1- PC2006-74
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- 4. That the facts necessary to support each and every required showing for the original approval
of the entitlement exist; and that an inspection conducted by the Community Preservation Division of the •
Planning Department revealed that the site is in compliance with all conditions of approval.
5. Thatthis conditional use permit is being exercised in a manner not detrimental to the particular
area and surrounding land uses, or to the public health and safety.
6. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal; and does hereby find that the Negative Declaration previously
approved in connection with Conditional Use Permit No.'2003-04663 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 fhe 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 Planning Commission does hereby
approve the reinstatement of this permit and deletion of the time limitation; and further, incorporates the
following conditions of approval contained in Resolution No. PC2003-45 into a new resolution with following
conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property
in order to preserve the health and safety of #he Citizens of the City of Anaheim:
**Bold indicates modified conditions
Church
1. That the only accessory school activity shall be Sunday school; and that this facility shall not be used
as a private daycare, nursery, elementary, junior and/or senior high school.
2. That no outdoor activity shall be conducted by the church at any time within the rear (north)
landscaped setback adjacent to the residential neighborhood zoned RS-1 (Residential, Single
Family).
3. That the hours of operation shall be limited to 9 a.m. to 5 p.m., on Sundays only (except for special
church holidays).
4. That the number of congregates at any one times shall not exceed thirty (30) persons, sixteen (16)
years of age and over. If the number of congregates exceeds forty (40) members at any one time, the
applicant shall submit a parking management plan to Planning Services for review and approvaL
Commercial Retail Center
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 the time of the discovery. ,
6. That all existing landscaping shall be maintained and immediately replaced in the event that it
becomes diseased or dies.
7. That the trash storage area shall be maintained in a location acceptable to the Streets and Sanitation
Division of the Public Works Department and the Planning Services Division, and in accordance with
' approved plans on file with the Public Works Department. $aid storage area shall be maintained so
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as not to be readily identifiable from the adjacent pubiic street. The walls of the storage area shall be
protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized
ciinging vines planted on maximum three (3) foot centers or tall shrubbery.
8, That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
9. That no outdoor storage, display or sales of inerchandise or fixtures shall be permitted.
10. That roof-mounted bailoons and other inflated devices shali not be permitted.
11, That no video, electronic or other amusement devices or games shall be permitted anywhere on
subject property.
12. That no vending machines shall be permitted on the property which machines are visible from the
: public right-of-way.
13. That the number of tenant spaces shall be limited to twelve (12) units, as shown on the approved site
plan (Exhibit No. 1).
14. That all trash generated from this commercial retail center shall be properly contained in trash bins
and contained within the approved trash enclosure. The number of bins shall be adequate and the
#rash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of
refuse'from the property. The Community Preservation Division of the Planning Department shall
determine the need for additional pick-up. All costs for increasing the number of bins or frequency of
pick-up shall be paid for by the business owner.
15. That subject property shall be developed and maintained substantially in accordance with the plans
and specifications submitted to the City of Anaheim by the applicant and which plans are on file with
the Development Services Division of the Planning Department marked Exhibit Nos. 1, 2 and 3, and '
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.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance 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 of competent jurisdiction, then this Resolution, and any
approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall
result in delays in the issuance of required permits or the revocation of the approval of this application.
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THE FOREGOING RESOLUTION was adopted at the Pianning Commission meeting of
September 6, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.6
'`Procedures" of the Anaheim Municipal Code pertaining to appeal proce ure d may lac d by a City
Council Resolution in the event of an appeaL ~,.- '
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,~,,., IRMAN, ANAHEIM PLANNING COMMISSION
ATf EST:
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on
September 6, 2006,' by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: VELASQUEZ
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of S~t~ Z` C~~~'
2006.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION