Resolution-PC 97-21~ '~
RESOLUTI4N NO. PC97-21
A RESt~LUTION OF THE ANAHEIM CITY PLANNING COMM1AiSS10N
AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NQ. PC96-112 ADOPTED IN CONNECTIOt~ WITF9
CONDITIONAL USE PERMIT NO. 3876
WFiEREAS, on October 14, 1995, the Planning Commis~fon adopt~d Resolution No. No. PC96-
112 to permit the conversion of a bank building to a church; and that safd resolutlor~ included Condftfon
No. 11 which required tF~at the property be developed substantially in accordance wfth approved plans,
including Exhibit No. 1 which showed a 10-foot wide landscape setback and a 6-fc~ot high retafning wall
adjacent to the west property Iine and a public alley, as required by Code;
WHEREAS, subject property is developed with a vacant 3,320 sq.ft. commercial building in the
CO (Commercial ~ffice and Professional) zone;
WHEREAS, the petftioner has sul~mitted a revision to Exhibft No. 1 which deletes the proposed
10-foot wide landscape soiback and a 6-foot hfgh retain(ng wall adjacent to the west property Iine and a
public alley; and that safd Rev(sion No. 1 of Exhibft No. 1 shows retention of an existing landscaped area,
varying in width from 5 to 10 feet, along the west properry Iine;
WHEREAS, the proposed revision to approved Exhibft No. 1 necessftates waiver of the followfng
in connection with the previously approved church:
Section 18.41.068 - R~e uired site screenina.
(6-foot hfah solid wall requfred adjacent to RM-1200 zoning;
none proposed along west property Iine)
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center (n the
City of Anaheim on Marrh 3, 1997, at 1:30 p.m., notice of sa(d public hearing having been duly gNen as
required by law and in accordance wfth the provis(ons of the Anahe(m Municipal Code, Chapter 18.03, io
hear and cons(der evidence for and against sald proposed amendment and to investigate and make
findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due fnspection, investigation and study made by itself and
in fts behalf, and after due consideratian ~f all evidence and reports offered at said hearing, does find and
determine thP foilowing facts:
1. Tnat sections 18.03.691 "Termination or ModiFlcat(on of Amendments, Condftional Use F'e~~mits
or Variances (Proceedures)" and 18.03.092 'Termination or Modification of ^onditional Use Fermits or
Variances (Grounds)" of tha Anaheim Municipal Code permit modfficatlon of co~dftional use permits;
2. That the proposed modificaton, including the imposftion of an addftional condition, is
reasonably necessary to protect the pub!ic peac6, health, safety or general welfare or necessar~~ to permit
reasonable operation under the conditional use permit as granted;
3. That there are special cfrcumstances applicable to the properry consisting of fts location and
surroundfngs, wh(ch do not apply to other identically zoned properties in the vicinity, because although
the property to the west is zoned residentiaily, it is developed with a nonresidential use, Benjam(n Franklin
Elementary School, and the purpose of the Code-required wall and landscaped setback is to protect
resideniial uses;
CR2834DM.WP -~- PC9~-21
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n. That sMct applfcation of the Zoning Code dep~ives the property ofi privileges enjoyed by
other properties under identical zoning class~ication in the vlcinity because subject property was originally
developeci commercially wfthout a 6-foot fence and landscaped setback adJacent to the RM-1200 zoning;
5. That subject property has public alley access and visibilfty and safe circulation w11 be
maintain~i wfthout cor~struction of the &foot high wall;
~. That existing mature trees on the sfta wfll serve as a partial visual screen and still ailow for
safe circulatian; arxi
7. That o~e person indicated .hefr presence at said public hear(ng (n opposition; and that no
correspondence was received in opposition to the subJect petftion.
CAUFORNIA ENVIRONMENTAL DUALITY ACT FINDING: That the Anahatm C'dy Planning
Commission has revlewed the pro~~sal and does hereby Hnd that the Negative Declaration prev(ously
approved in connectfon wfth Conditional Use Permft No. 3878 is adequate to serve as the required
env(ronmental docum~ntation in connection with thts request upon finding that the declaration reRects the
independent judgement of the {ead agency and thai ft has considered the prev(ously approved ~Jegative
Declaration together with any comments receNed du~ing the public review process and further flnding on
the basis of the inftial study and any comm~nts received that there is no substant~al evidence that the
project will have a signiflcant effect on the ernironment.
NOW THEREFORE BE IT RESOLVED that the Anahe(m City Planning Commission does hereby
amend Resolution No. PC96-112, adopted (n connection wfth Conditional Use Permft No. 3876, as follows:
(a) That Condftfon No. 11 is amended to read:
11. That subject property shall be developed substamially in accordance with plans and speciffcations
submitted to the Ciry of ~nah9lm by the petft(oner anci v~hich plans are on file with the Planning
Department marked Revision No. 1 of Exhibft PJo. 1 and Exhibit Nos. 2 and 3.
(b) That a new Condition No. 13 is added to read:
13. That within sixty (60) days from the date of this resolution, plans shall be submitted to the City
Traffic and Transportation Manager for his review and approval show(ng cor~forma~ce wfth the
current versions of Engineering Standard Plan Nos. 436 ar~d 602 pertaining ta parking standards
and driveway iocations. SubJect property shall thereupon be developed and maintained in
cenformance wfth said plans.
THE FOREGOING RESOLUTION was adopted at the Plann(ng Commission meetfng of
March 3, 1997.
CHAIRPERSON, ANA EIM CITY PLANNING COAhMiSSION
ATTEST: ,~
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SECRETARY, AN EIM CITY PLANfVING COMMISSION
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STATE OF CALIFOANIA )
COUNTY OF ORANGE ) ss.
CITY UF NNA'riEIN1 )
I, Margartta Sdorio, Secretary of the Anaheim City Pianning Commission, do hereby certrfy
that the ~oregoing resolution was passed ar-d adopted at a meeting of the Anaheim Ctty Planning
Commission held on March 3, 1997, by the fdlowing vote of the members thereof:
AYES: COMMfSSIONERS: ~OSTWICK, BOYDSTUN, BRISTOL, HENNINGER, MAYER, MESSE
NOES: COMMISSIONERS: NUt~E
ABSENT: COMMISSIONERS: PERAZA
IN WI?NESS WHEREOF, I have hereunto sat my hand this i 7~ day af l~~_•
1997. `'1 , ,
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SECRE'[' ~ Y, AHEIM CI~Y PlAP1NING COMMISSION
~- PC97-21