Loading...
Resolution-PC 94-108RESOLUTI ~J N. P~C. 4-1 A RESALU710N OF TI-IE AI~fAHEIM CITY PLANNIPJ~i COMMIuSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 3705 BE G~iANTED WHEHE~~~, the Anahoim City Planning Commission dEd receive a vorlfied Peticion for Conditional Use Permit for c~i[afn re~l property situated in the City of Anatielm, County of Orengo, State ot California, describeci as: THE SOUTHERI.Y 295 FEET OF LOT' 13 OF TRACT NO. 3258, AS SHOWN ON A MAP RECORDEU IN BOOK 99, PAGES 1~J AMD 2Q OF M{SCELLANEOI.'S MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the City Planning Commi~sion did hold a publfc hearfng at thd Civic Conter in the Ci;y of Anaheim on Au~ust 8. 1994 at 1:30 p.m., notice of said public hearing having ~eon duly given as required by law and in accordance with ttio provisfons of tlie Anahefm Municipai Code, Chapter ~8.03, to hear and consider evidanca for and against aaid proposed condltional use perm(t arxi to fnvest(gate and make findings and recommendations in cann~ction ther9with; and WHEREA5, sald Commissinn, after due inspection, investiflation and study madc~ by Itself and in fis behalf, arxi after du~ consideration of all evidonce anci reports oHered ~t said hoari~ig, doPS find and dntormfne the tallowing facts: 1. That the proposed use is properly ono fc;r which a conditionel uso permit is authorizErd by Anaheim M~nicipal Coclo Section 1~3.44.050.130 to permit a church with waivar oF the following: ,Section 18AA.042.02U - Minimum sQtback of in~rtional uses adiaaent tQlg~idential zons b~undarv. (15 feet required Atong RM-120U zone bourtdary to no-ih; 5 feet ex(sting) 2. That tlie waiver i~ heroby approved on the basis that tho sub~oct property is fully devoloped end tliis is a new land use witt~ no n~w con3truct(on In conJunction witli the proposal; 3. 7hat strict application of tt~o Zoning Code deprNos the property of privlleqes en~oyad by utlier propertie;, w~der identical zoninq classiticati~n In the vicinit~/; 4. That the propasod usQ Is property ~ne ior wh!ch a cnnditfona~ use permit is authorEzod by the Zoning Code; ,. That the pruposed usA will not adversely affect tho ad~oining far.d uses and the growth and development ot the area in wl~ich it is proposed to ba locatad; 6. 7hat the sfze and shape ot the site for the proposed ~se ts adoquata to ailow the full development ot tlie proposed use in a manner not detrimental to the ~rcfcular area nor to th9 aeoco, health, safety, and genar~l wel(~re; 7. That the traftic generated by thb proposed use wili not impose an unduo burden upon tha str. and hfatnvaus desiflned and improved to carry the traHic in the nrea; CR2166MS.WP -1 • PC94-108 8. 1'hat tho granting of th9 c~mditloral use permit uncler the conditlons Imposod will not be detrlmental to the poace, h~alth, sa(ety and general woitare of the citizens of the City of Anaheim; and 9. That approximately thirty fiv~ (35) people IndicateJ thelr presence at said public hearing in tavor; and that nu correspondence was roceived in opposition to tho suhJoct potition. LI QRNIA ~NVIROIyMENTAL C1UA~1'iY ACT FINDING: That the Anahefm City Planninc~ Commission hns revfewed the proposal to p9rmit a church with waiver of minimum setback of Institutional uses adjacant to rosident(al zone b~undary on a rsctangula~lyshaped parcel of land conslsting of approximatoly 2.04 ar.res I~cated at tho northwest corner of ICatella Avenue ~nd Humor ~rive, having upproximate frontac~es af 289 feet on the north side of Katella Avonue and 39? feet on the we~t side of Humor Drlv~, anc! furtFier described as 1771 West Katella Avenue; and does hereby approve tha Neflative Declaration up~n finding that the declaration re(lects the Indopendent Judgortient of the lead agency ard that it has considered the Negatfve ~eclaration together with any comments receiv~d during the public review process and furtiier (inding ~n tho bas(s of the (n1tla! study and any coitiments recefvod that thero is no substanNal evidQnce that the project will hav~ a si~nfflcant effact on the envfronment. NOW, THERE~ORE, BE IT RESOLVED that the A~aheim City Planning Commissiort does horeby grant subject Petitfon for Condit(ori~l Use Permit, upon the following conditfons which ara hereby found to be a no;:essary prerequisite to the proposed use of the subJe~t pro~erty ir order tc- preserve the safety and ~jeneral wellare of the Cftizens of the City ~f Anaheim: I That a plan sheet for soi(d waste storaoe a~d collectfon, and a plan for recyclinq shall be submitted to t~~e Department of Ma(nterar,ce for review and approval. 2. That plans shall ba submitted to the C(ty Traffic and Transpurtetion Man~ger (or his revlew and approval showing cunfurmance with t'ie current versions of Engineering Standard Plan Jo. 436 (requiring a minimum ef tive [5J liandicapped parkfng stalls) and No. Fi02 (~ertalnfng to park(ng standardy and drfvbway location). SubJoct property shall thereupon bo doveloped and maintalnod In conf~rmance with said plans; incltid(ng tha~t tho submitted pians shall bo mocifticd to provfde for adequate on•site circulation. 3. That any proposed Ireostanding s~fln on subJect properiy shall bd z~ rnonument sign not exc~edinr~ c-ight (8) feet in holgnt and shatl bo aub~ect to tha review and approval of the City Tratf(c and Tran3purtatfor Manager to determine ad~quate ilnos-ot-si9ht, 4. That sub~ect property shall be aeveloped substantfally in nccordanco with nlans and spociffcations submlttecf to the City of Rnahoirn by tha petitionor and wh(ch plans are on file with the Planning Department marked Exhibit Nos. 1 through 3. 5. That any actNitles in the parkfng lot shatl cease at 9:30 p.m., Sunday through Fridny, end at t0:00 p.m. on Saturd3ys. 8. That subjoct use shall be limited to thQ i~Ilowing hours of operatlon: Sunday: 9:00 a.m. to 12:00 noon and 6:00 p.m. to 8:00 p.m. Saturday: 7:00 p.m. to 9:OU p.m. Tuesday and Thursday: 6:Q0 p.m. to 8:00 p.m. 7. That an additional efght (8) minimum tiftePn (15) pallon•sized trees sl~all be plantecci along the north property line. Said tr~es shall be of tho same v~r(ety as currently exits at said locati~n. .2. PC94-108 8, That prior to issuance of a buildlnc~ permft or within a porlod ~f ore (t) year from tho dato of tliis rasolutinn, whichever occurs first, Condition Nos. t and 2, abovo-mentionod, shall ba complied wiih. Extensions for (urther time to complete sald conditions may bo granted In Accordanco with Sectlon 18.03.09C of the Anahelm Ahunicipal Code. 9. That prior to final buildiny and zonin~ inspectlons, Condition No. 4 and '!. ~bove-mentlo7c~cl, ~hail bo complied with, 7. That approval of this application constitutos approval of the proposed request only to the extent that it complies w(th tho Anahelm Munlcipal ;:oning Code and any other applicablo City, State and Federal regulations. Approval doe~ not Inr,ludE any action ~~ 'indings as to compl(a~co or approval of the requesi regarding any othor applicablo ordinancR, regulatlor or requiroment. BE IT FURTHER RESOLVEO that the Anai~dim City Plarmfng Comrnission does heroby flnd and deterrnlne that adoption of this Rosolution Is exprsssly prodicatod upon applicanYs compliance with each and all of tho condttlons hereinabove Set forth. Should any such condition, or Any part thereof, be declared invalld or unenforceablo by thc~ ti~al Judflmont of Eny caurt of competent Jurlsdiction, than this Resolution, and any approvals horein contafned, shall ba deemod null and void. TNE FOREGOING RESOLUTION was adopted at the Planning Commisslon meetfng of August 8, 1994. / ~ ,~iu-i~ ~~f:Q~t:l,~..~.J HAIRW MAN A AHEIM CITY P NNIMG CaMMISSION arreGr: C SE ETARY, ANAHE CITY PLANNING COMMISSION STATE OF CALIFQRNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Junet L. Jenson, Secr~tary of the A.naheim City Pianniny Commission, do hereby certify that the foregoing resolution was passExi and adoptExi at a maet(ng of the Anaheim City Planning Commission held on August 8, t994, by the following vote of the members thereof: AYE3: COMMISSIONERS: BOYDSTUN, rALDNlELL, HENNINGEk, MAYcFi, PERA7A, TAIT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONEFiS: MESSE IN WITNESS WHEREUF, I havo herounto set my hand ihis a~ day of , 1994. , . ..~~ .3_ PC94•108 ~ REiARY, ANAHEI CITY PIANNING COMMISSIOt~E