Resolution-PC 2009-070RESOLUTION NO. PC2009-070
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING A FREVIOUSLY APPROVED NEGATNE DECLARATION AND
APPROVING A REINSTAT`EMENT OFCONDI'I'IONAL U3E PERMIT NO. 3265
(TRACKING NO. CUP2009-05439),
AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. PC200437
(1250 NORTH RED GUM STREET)
WHEREAS, ttie Anaheim CiCy Planning Commission did receive a verified Petitio~ for
Reinstatement of Conditionai Use Permit No. 3265, to modify or delete a condition of approval
pertaining to a time limitation to retain a previously-approved church pursuant to Code Section No.
18:60.180 of the Anaheim Municipal Cade for certain real property situated in the City of Anaheim,
CounCy of Orange, State of Califomia, shown on Exhibit "A", attached hereto and incorporated
herein by this reference;
WHEREAS, on April 9, 1990, the Anaheim City Planning Commission adopted
Resolution No. PC90-88 approving Conditional Use Pernvt No. 3265 for a period of three years to
pernvt a cburch faailiCy wiYhin an industrial building with $1 parking spaces ~vhere code required 246
spaces. On June 14, 1993, the Commission adopted Resolution No. PC93-68 approving a three-year
extension of time to expire on Apri19, 1996. On April 29, 1996, the Commissioo adopced Resolution
No. PC96-43 approving an addiCiooal thrae-yeaz extension of time, which expired on April 9, 1999.
On October 25, 1999, the Commission adopted Resolution No. PC99-186 approving a five-year
exYension of time to expire on Apri19, 2fl04. On Apri15, 2004, the Commission adopCed Resolution
No. PC2004-37 approving an additional five-year exCensaon of Came Yo expire on Apri19, 2009; and
WHEREAS, this property is currently developed wit1~ a two-unit, Cwo-story, industrial
building, located in Che NortheasC Area Specific Pla~, Iodustrial Area - Scenic Corridor Overlay
(SP94-I,DA 1) Zone and the Anaheim General Plan desigoates this property for Indust~ial land oses;
and
WHEREAS, Che Planning Commission did hold a public hearing at the Civic Center in
the CiCy of Anaheim on July 20, 2009, at 2:30 p.m., notice of said public hearing heving been duly
given as required by law and in accordance with the provisions of the Anal~eim Municipal Code,
Chapter 18.60 "Procedures", 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 fiod and determine the fallowing facts:
1. The facts necessary to support each and every Pindang for the original approval of the
entitlement as set forth in this chapter exist.
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2. The permit is baing exercised substantially in the same manner and in conformance
wiCh all condiCions and stipulations originally approved.
3. The permiC is being exercised in a manner not detrimental to Che particulaz azea and
surrounding land uses, nor to the public peace, health, safety and general welfare as there have not
been any code violations on this property.
4. With regard only ro the deletion of a time limitatioo, such deletion is appropriaCe
beaause it has been demonstrated thaC the use has operated in a manner that is approgriaCe in ttie
underlying zone and the surrounding area, and the periodic review of the use is no longer necessazy.
5. The exisCing use at the time of approval was properly one for which•a conditional use
permit was authorized by the Zoning Code.
6. The use, as reinsCaCed and amended, will not adversely affect the adjoining land uses
and the growth aod development of the area in which iC is located as the church has been operaYipg in
conformance with all conditions of approval and tfiere have been no code violations on the property.
7. The size and shape of the site for the existing use is adequate to allow the full
devalopment of the use, in a manner not detrimental to either tbe particular area or healCh and safecy
as Che church has been operating in conformance with all conditions of approval and there have been
no code violations on the properCy.
8. The traffic generated by the existing use will not impose an undue burden upon the
streets and highways designed and improved to-carry the traffic in the area as the church has been
operating in conformance with all cooditioos of approval and there have been np code vialations on
the property.
9. The granting of the reinsCatement of Clae co~ditiooal ose permit ~nder the conditions
imposed, if any, will ~ot be detrimental to the health and safeCy of the citizeos of tl~e City of
Anaheim.
THEREFORE, BB IT RESOLVED that the Anaheim City Planning Commission has
reviewed the proposal and does hereby t3nd thaC the previously-approved Negative Declazation in
connection with Conditional Use Permit No. 3265 is adequate to serve as the required environmental
documentation in connection with this requesC.
BE IT FURTHER RESOLVED Chat the Anaheim City Planning Commission, for the
reasons hereinabove stated does hereby approve the proposed reinstatement of Conditional Use
Permit No, 3265 to permit a church on property located aC 1250 North Red Gum SCreet as requested
by the applicant.
BE IT FURTHER RESOLVED that Yhe Planning Commission does hereby amend, 3n
their entireCy, the conditions of approval adopted in connecCion with Planning Commission
Resolution Nos. PC90-88, PC93-68, PC96-43, PC99-186 and PC2004-37, adopted in connection
with Conditional Use Permit No. 3265, to delete the time limitation and to read as shown in Exbibit
"B" attached hereto and incorporated herein by this reference, which conditions are hereby found to
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be a necessary prerequisite to the proposed use of the subject property in order to preserve the health
and safety oP the citizens of the City of Anaheim.
BE TT F[JRTF~R RESOLVED, except as otherwise amended herein, Resolution No.
PC2004-37 remains in ful] force and effect.
BE IT FURTHER I2ESOLVED, that Yhis pernut is approved without limitatians on the
duration of the use. Amendments, modifications and revocations of this permit may be processed in
accordance with Chapters 18.60.190 (AmendmenC to Permit Approval) and 18.60.200 (City-Initiated
Revocation or ModificaCion of Permits) of the Anaheim Mun9cipal Code.
BE IT FURTHER RESOLVED that the Anaheirn City Pianning Commission does
hereby find and deternune that adoption of this Resolation is expressly predicated upon applicanPs
compliance with each and all of the conditioos hereinabove set forth. Should any such condition, ox
any part thereof, be declared invalid or unenforceable by the final judgment of any couR of competent
jurisdicYion, then tliis Resolution, and any approvals l~erain contained, shall be deemed null and void.
BE IT FURTHER RESOLVED [hat approval of Chis application constiCutes approval
of the proposed request only to the extent that it complies with the Anaheim IvIunicipal Zoning Code
and a~y other applicable City, State and Federal regulations. Approval does not include any action or
findings as Co compliance or approval of the request regarding any oCher applicable ordinance>
regulation or requirement.
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. Failure to pay all charges shall result in Che revocation of che approval of this
application.
THE FOREGOING RESOLUTION was adopted aC t6e Planning Commission meeCing
of July 20, 2009. Said resolution is subject to the appeal provisions set forth in Chapter 1$.60
"Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal.
ATTEST:
3ENIOR S~C"I~ETARY, ANAHEIM CITY PLANNING COMMISSION
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STA'TE OF CAL~ORNIA )
COLTNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, 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 held on July 20, 2009, by the following vote of the members thereof:
AYE~: COMMISSIONERS: AGARWAL, AMENT, BUFFA, FAESSEL, KARAKI
RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 20`h day of July, 2009.
SENIOR'SECRETARY, ANAHEIM ~I'I'Y PLANNING COMMISSION
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EXHIBIT "A"
AMENDMENT AND REINSTATEMENT OF CONDITIONAL USE PERMIT NO. 3265
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EXHIBIT `B"
AMENDMENT AND REINSTATEMENT OF CONDITIONAL USE PERNIIT NO. 3265
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING '
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1. This church facility shal] not include any child day care or pre-school Code Enforcement
activities.
2. No ontdoor uses and/or assembly or outdoor skorage shall occur on the Code Enforcement
property
3. No portable signage shall be utilized to advertise the church. Code Enforcement
4. The property shall be permanently maintained in an orderly fashion Code Enforcement
through the provision of regular landscaping maintenance, removal of
trash or debris, and removal oP graffiti within twenty four (24) hours
from time of occunence.
5. No required parking area shall be fenced or otherwlse enclosed for Code Enforcement
outdoor storage use.
6. That the church services/activities shall be limited from 7 a.m. until ll Code Enforcement
p.m. Saturdays and Sundays and after 6 p.m. Monday through Friday;
and that between the hours of 6 a.m. and 6 p.m. Monday through Friday
Che church shall be limited to office sYaff and small gatherings of no
more than $0 people.
7. The property shall be developed substantially in accordance with plans Planning
and specifications submitTed to the City of Anaheim by the applicant
and which plans are on file with the Planning Department mazked
Exhibit No. (Site Plan), 2(First Floor Plan), 3(Second Floor Plan and 4
(Landscape Plan) and as conditioned herein.
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