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Resolution-PC 98-205RESOLUTION NO. PC98-205 A RESOLUTION OF THE ANAHEIM CIT.~ PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 3639 AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC93-113, ADOPTED THEREWITH WHEREAS, on October 18, 1993, ttie Anaheim City Planning Commission adopted Resolution No. PC93-113 to approve Conditional Jse Permit No. 3639 and permit a 13,369 sq.ft. church at 385 North Muller Street with waiver of th~ ,;,;iiimum number of parking spaces for a period af five years (Condition No. 6) until October 18, 1998; and WHEREAS, this properfy is developed with a two-unit 27,475 sq.ft. industrial building, including the 13,369 sq.ft, tenant space used for a church (Praise Mission Church); and that the property is zoned ML (Limited Industrial) and designated for General Industrial land uses by the Anaheim General Plan; and WHEREAS, the petitioner has requested that the church and parking waiver in the Ml, (Limited Industrial) Zone be reinstated, pursuant to Code Section 98.03.093 of the Anaheim Municipal Code, and that Resolution No. PC93-113 be amended accordingly, and th~t the petitioner indicated the church has asked that this site be leased to another tenant as soon as possible due to a loss of church membership and the lease for this property expires on April 30, 1999 and, therefore, the petitioner states that no subsequent time extensions will be necessary because they hope this space will by leased by another tenant before that date; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 21, 1998, 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 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 facts necessary to support each and every required showing for the issuance of the entitlement for a church as set forth in the Zoning Code exist. 2. That this conditional use permit is being exercised in substantially the same manner and in conformance with all conditions and stipulations originally approved by the Planning Commission. 3. 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; and that Code Enforcement records indicate no complaints or pending violations at this property and staff inspections document tha! this property is being maintained in a neat and orderly manner. 4. That reinstating the church is a use for which a conditional use permit is authorized by Zoning Code Section 18.61.050.140. 5. That the reinstated use will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. CR3510PK.DOC -1- PC98-205 6. That the size and shape of the site for the reinstated use is adequate to ailow full development of the use in a manner not detrimental to the particular area nor to the peace, health, safety and general weifare. 7. That the traffic generated by the reinstated use will not impose an undue burden upon the streets and highways desigr~ed and improved to carry the traffic in the area. 8. That reinstating this conditional use permit, under the conditions iro,.~sed, will not be detrimentai to the peace, health, safety and c eneral weifare of the citizens of the City of Anaheim. 9. That no one indicated their presence at the pubiic hearing in opposition to the proposal; and that no correspondence rvas received in opposition. CALIFORNIA ENVIRONMENTAL QUALI7Y ACT FINDING; That the Anaheim City Planning Commission has reviewed the proposal to reinstate a church with a parking waiver in the ML (Limited Industrial) Zone at 385 North Muller Sireet and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 3639 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independentjudgment o~ the lead ac~ency and that it has considered the previously appr~ved Negative Declaration together with any comments received during the public review process and further finding on the basis of the Initiai study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, EE IT RESOLVED that the Anaheim City Planning Commission does hereby amend Condition No. 6 of Resolution No. PC93-113, adopted in connection with Conditional Use Permit No. 3639, to read as follows: ~ That the subject conditibnal ~ise',pe~it ~all terminate on April 30, 1999. THE FOREGOING RESOLUT~ w~s a~bpte~/a~{he Planning Commission meeting of December 21, 1998. ~ ~ ~ lf.Y ~H,viKrt~~ar1, ANAHEIM CITY PLANNING COMMI ATTEST: ~ S1~o..QAO~.~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -2- PC98-205 .~\ ~ STATE OF CALIFORNfA ) . COUN7Y OF ORANGE ) ss. CITY OF ANAHEfM ) I, Osbeiia Edmundson, Secretary of the Anaheim City Planning Commissi~n, do hPreby certify that the forec~oing resolution was passed and adopted at a meeting of the Ar~al-~eim City Planning Commission held on December 21, 1998, by the following vote of the members theseof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, WILLIAMS NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: ESPING IN WITNESS WHEREOF, I have hereunto set my hand this a-I day of ~, 1999. ~ s~~ SECRETARY, ANAHEIM CITY PLANNIPlG COMMISSION -3- PC98-205