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Resolution-PC 2000-82. RESOLUTION NO. PC2000-82 ~ A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 3693, AND AMENDING THE CONDITIONS OF APPROVAL OF RESOLUTION NOS. 94R-207 AND PC97-120, AS AMENDE~D AND ADOPTED THEREWITH (CUP Tracking No. 2000-04218) WHEREAS, on August 16, 1994, the City Council adopted Resolution No. 94R-207 to approve Conditional Use Permit No. 3693 for three years to permit a church including on-site food collection, distribution, and storage facilities in conjunction with church activities with waiver of minimum number of parking spaces on property located at 1011 North Harbor Boulevard (Calvary Chapel Open Door); and WHEREAS, on August 18, 1997 the Planning Commission adopted Resolution No. PC97-120 to amend the conditions of approval of Resolution No. 94R-207 and reinstate subject Conditional Use Permit No. 3693 for an additional three (3) years to expire on June 27, 2000; and WHEREAS, this property is currently developed with a church and is zoned CL (Commercial, Limited). The Anaheim General Plan Land Use Element Map designates this property for General Commercial land uses. WHEREAS, the petitioner requests reinstatement of Conditional Use Permit No. 3693 pursuant to Code Section No. 18.03.093 ~of the Anaheim Municipal Code, which currently has a time limitation (originally approved on August 16, 1994, to expire on June 27, 2000) to retain a church including on-site food collection, distribution and storage facilities in conjunction with church activities; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 19, 2000, 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 proposed use is properly one for which a conditional use permit is authorized by the Zoning Code. 2. That granting this reinstatement, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 3. That this permit is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved by the approval body. 4. That the Code Enforcemet~t Division records indicate no violations over the past six (6) years pertaining to this church. 5. That the collection, storage and distribution of food to the homeless will no longer be conducted at this location, which reduces the intensity of activity for this church facility. 6. That any such modification, including the imposition of any additional conditions thereto, is reasonably necessary to protect the public peace, health, safety or general welfare. CR3996MS.DOC -1- PC2000-82 • • 7. That no one indicated their presence at the public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to retain a church on a 0.76-acre irregularly-shaped property, having a frontage of 180 feet on the west side of Harbor Boulevard, a maximum depth of 210 feet, being located 250 feet north of the centerline of La Palma Avenue, and further described as 1011 North Harbor Boulevard (Calvary Chapel Open Door); and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 3693 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the le~d agency and that it has considered the previously approved Negative Declaration together with any cornments 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 reinstate and remove the time limitation of Conditional Use Permit No. 3693 to retain a church at 1011 North Harbor Boulevard; and BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their entirety, the conditions of approval of Resolution Nos. 94R-207 and PC97-210, adopted in connection with Conditional Use Permit No. 3693, to read as follows: That there shall be no on-site food collection, storage or distribution permitted at this location. Any existing storage facilities, including freezers, shall be removed from the premises. 2. That there shall be a minimum of forty~-five (45) on-site parking spaces provided and maintained for the church. 3. That a minimum eight (8) foot fully landscaped setback shall be maintained along the north property line abutting the single-family residential properties. 4. That a minimum of eight (8) canopy-type trees shall be maintained at not more than twenty (20) feet on-center to provide an effective visual screen between the church and adjacent residential uses abutting the north property line. 5. That the number of people in attendance at any worship service or church-related activity shall be limited to a maximum of seventy (70) persons on Sundays and twenty (20) persons at all other times. This condition may be mbdified by the Planning Commission as a Reports and Recommendations item upon recomm~endation of the City Traffic and Transportation Manager. 6. That no outdoor activity shall occur on this property between the hours of 10:00 p.m. and 7:00 a.m. 7. That all signage for this use shall be s~ubject to review and approval by the Planning Commission as a Report and Recommendation item. 8. That subject property shall be developed and maintained substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 5 and as conditioned herein. 9. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. CR3996MS.DOC -2- PC2000-82 • • THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 19, 2000. .l~- G~~~~ CWAIRPER ON, ANAHEIM ~CITY Pt:ANNING COMMISSION ATTEST: QJ~,G~c~~~i~d~ SECR TARY NAHEIM 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 June 19, 2000, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: ARNOLD IN WITNESS WHEREOF, I have hereunto set my hand this `3~ day of , 2000. ~/~.6~ SEC ETA , ANAHEIM CITY PLANNING COMMISSION CR3996MS.DOC -3- PC2000-82