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Resolution-PC 99-135RESOLUTION NO. PC99-135 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION F4R CONDITIONAL USE PERMlT NO. 4140 BE GRANTED WHEREAS, the Anaheim City Planning Comm(ssion did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of Califomia, described as: THE NORTH 300 FEET 0~ THE SOUTH 340 FEET OF THAT PORTION OF THE SOUTH ONE-HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, IN TOWNSHIP 4 SOUTH, RANGE 11 WE°T, IN 7HE RANCHO LOS COYOTES, AS PER MAP RECORDED IN BOOK 51, PAGES 11, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAlD COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF SAID SECTION 11, 66 FEET EAST OF THE SOU7HWEST CORNER OF THE SOUTH ONE-HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 11; THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID SOUTH ONE-HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, 520.50 FEET; THENCE EAST PARALLEL WITFI THE NORTH LINE OF SAID SOUTH ONE-HALF, 122 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID SOUTH ONE-HALF OF THE SQUTHEAST QUARTER OF THE SOUTHWEST QUARTER, 520.45 FEET TO THE SOUTH LINE THEREOF, AND THENCE WEST ALONG SAID SOUTH LINE, 122 FEET TO THE POINT OF BEGINNING. WHEREAS, the City Planning Commission did hold a pubiic hearing at the Cfvic Center in the City of Anaheim on July 19, 1999 at 1:30 p.m., notice of safd 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 conditional use permit and to fnvestigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study mada by itseif and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does flnd and determine the following facts: ' 1. That the proposed use is properly one for which a conditional use permit Is authorized by Anaheim Municipal Code Section 18.44.050.130 to permit a church within an existing office building wlth waivers of the iollowing: (a) Sections 18. 06. 050.020.021.0211 18.06.050.020.026.02(i,f and 18.44.066.050 M(nfmum number of oarkina soaces. (77 soaces required; 45 s~aces proposed and concurred with by the City Treffic and Transportation Manager) (b) Sections 18.04.042.020 and 18.44.060.040 Min(mum setback of an institutional use ~iacent to a residential zone. (15 feet requ(red; ~ to 7 feet proposed) 2. That wavier (a), minimum number of parking spaces, is hereby approved on the basis that the City Traffic and Transportation Manger has reviewed and approved a parking study (ndicating an adequate parking supply for thfs speciflc requested church, provided that a minimum of 45 parking spaces are provided. CR3696PK.DOC -1- P99-135 3. That waiver (b), minimum setback of an institutional uses adjacent to a residential zone, is hereby approved on the basis that the building exists, and that the use, at the proposed Intensity, will not adversely impact the adjacent residentially zoned propert(es. 4. That the sfze and shape of this property is large enough to support the proposed church and existing medical o~ce b~!!~!:ng in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 5. That the traf£ic generated by the proposed church will not impose an undue burden on the streets and highways, as substantiated in the parking study submitted by the petitioner. 6. That granting of this conditional use permit, under the conditions imposed (including the proliibition of day care facilities and/or private schools accessory to the church), will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 7. That one person (representing WAND) spoke in opposition to the subject pe8tion at the public hearing; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Pianning Commfssion has reviewed the proposal to permit a church within an existing office building with waivers of minimum number of parking spaces and minimum setback of an institutional use adJacent to a residential zone on a 0.84 zcre rectangularly-shaped property having a frontage of 122 feel on the north s(de of Lincoln Avenue, a maximum depth of 300 feet and befng located 1,118 feet west of the centerline of Western Street (3321 West Lincoin Avenue); and does hereby approve the Negative Declaration upon finding that the declaration reflects the fndependent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the 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 City Planning Commission does hereby grant subJect Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisfte to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the Ciry of Anaheim: 1. That the numerical address shall be provided on the roof of the building in contrasting colors to the roof and in a manner not visible to the street, to the satisfaction of the Anaheim Police Department. 2. That legal property owner shali submit an application for a Subdivision Map Act Certificate of Compliance to the Public Works Department, Development Services Divis(on. A Certificate of Compliance or Conditional CertiBcate of Compliance w(II be approved by the City Engineer and shail be recorded (n the Office of the Orange County Recorder. 3. That the existing palm tree located fn the tree we~l Ir, the public right-of-way adjacent to Lincoln Avenue shall be removed; and that "Bloodgood" Plantan~s Acerifolia trees shall be planted In both planters, as recommended by the City Urban Forestry Division of the Community Services Department. 4. That trash storage areas shall be provided and maintained fn a location acceptable to the Public Works Deparlment, Streets and Sanitation Divis(on, and in accordance with approved ptans on flle with said Department. Said storage areas shall be designed, located and screened so as not to be readfly (dentiflable from adjacenl streets or highways. The walls of the storage areas chall be protected from graNiti opportunfties by the use of plant materials such as minfmum one (1) gatlon sfzed clinging vines planted on maximum three (3) foot centers or tall shrubbery. Said informatfon shail be speciflcaliy shown on the plans submitted for buflding permits. CR3696PK.DOC -2- PC99-135 5. That a plen sheet for solid waste storage and collection and a plan for recycling shali be submitted to the Streets and Sanitation Division for review and approval. 6. That an ~n-site trash truck turn-around area shall be provided in accordance,with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division. Said turn-around area shal! be specifically shown on plans submikted for building permits. 7. That plans shall be submitted to the City Traffic and Tr2nsportation Manager for review and approval showing conformance with the current versions of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway locations. Subjec! property shall thereupon be developed and maintained in conformance with said plans. 8. That ;he existing structures shall comply with the minimum standards of the City of Anaheim, ir,~luding the Unifnrm Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim. 9. That there shall b~ no outdoor activities (including use of the play area) before 8:30 a.m. or after 9:00 p.m. 10. That no day care facilities or private school shall be permitted as an accessory use to this chutch on this property. 11. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 12. That any tree planted on-site shall be replaced in a timely manner in the eveni that it is removed, damaged, diseased and/or dead. 13. That signage for subject facility shail be limited to that which is shown on the exhibits submitted by the petitioner and approved by the Planning Commission. Any additional signage shall be subject to approval by the Planning Commission as a"Reports and Recommendations" item. 14. That the existing freestanding sign shall be refurbished and repainted. 15. That the developer shall submit a Water Quality Management Plan (WQMP) specifically identifying the best management practices that will be used on-site to control predictable pollutants from storm water runoff. The WQMP shall be submitted to the Public Works Department, Development Services Division, for review and approval, in compliance with Anaheim Municipal Code Chapter 10.09. 16. That no exterior or amplified bells shall be installed or utilized in conjunction with this church. 17. That this approval will expire in two (2) years, on June 19, 2001. 18. That subject property shall be developed substantiaily in accordance with plans and e~er,ifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Plannfng Departmen4 marked Exhibit Nos. 1 and 2, and as condi!ioned herein. 19. That prior to issuance of a building permit, or prior to commencement of the activity authorized by this resolution, or within a period of one (1) yea'r from the date of thls resolution, whichever occurs first, Condition Nos. 2, 4, 5, 6 and 7, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. CR3696PK.DOC -3- r'C99-135 20. 7hat prior to final building and zoning inspections, or prior to commencement of this activity, Condition Nos. 1, 3, 8, 14, 15 and 18, above-mentioned, shall be complied with. 21. That ~;?nroval of th(s application constitutes appraval of ths proposed request only to the extent that it compiies with the Anaheim IVlunicipal Zoning Code and any other applicabla City, State and Federal regulations. Approval does not fnclude any action or findings as to compliance or approval of the req!iest regarding any other applicable ordinance, regulation or requirement. 22. That the hours of operation shall be limited to the following:. Wednesday: 7:00 p.m. to 8:30 p.m. Friday: 7:00 p.m. to 8:30 p.m. Sunday: 9:00 a.m. to 2:30 p.m. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressiy predicated upon app(icanYs 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 cou of competent jurisdiction, then thfs Resolution, and any approvais herein contained, shall be deemed and void. July 19, 19g9,THE FOREGOING RESOLUTIONyr~s a~ t d at P nq(ng Commission meeting of ( I` ~ ~;''~.'M' ;~:NING COMMISSION Al?EST: ~.J ~~J SECRETARY, A HEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, 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 19, 1999, by the following vote of the members thereof: AYES: COMMISSIONEP.S: BOSTWICK, BOYDSTUN, BRISTOL, NAPOLES, VANDERBILT NOES: COMMIS510NERS: NONE ABSENT: COMMISSIONERS: ESPING, KOOS IN WIT~IESS WHEREOF, I have hereunto set my hand th(s o2~day of S~ ~ 1999. ~ . ~~~ SECRETARY, AHEIM CITY PLANNING COMMISSION CR3696PK.DOC -4- PC99-135