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Resolution-PC 2001-165• RESOLUTION NO. PC2001-165 ~ A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04460 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditionai Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF SECTIONS 7 AND 18, TOWNSHIP 4 SOUTH, RANGE 8 WEST, IN THE RANCHO SANTIAGO DE SANTA ANA, BEING ALSO A PORTION OF THE LAND ALLOTTED TO PAULA PERALTA DE DOMINGUEZ, AS DESCRIBED IN THE FINAL DECREE OF PARTITION OF SAID RANCHO, WHICH WAS ENTERED SEPTEMBER 12, 1868 IN BOOK "B" AT PAGE 410 OF JUDGMENTS OF THE DISTRICT COURT OF THE 17T" JUDICIAL DISTRICT, IN AND FOR LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO HALL CRAFT HOMES, RECORDED OCTOBER 31, 1972 IN BOOK 10403, PAGE 909 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY LINES OF THE LAND OF HALLCRAFT, NORTH 58 DEGREES 44' 00" EAST 157.71 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTEk~LY A~VD-HAVING-A RADIUS OF 9000.00 FEET; Tk~4~~VG~ NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 17 DEGREES 39' 40", AN ARC DISTANCE OF 308.25 FEET; THENCE TANGENT, NORTH 76 DEGREES 23' 40" EAST 49.04 FEET TO AN ANGLE POINT IN THE LAND DESCRIBED IN THE DEED TO WOODBINE CORPORATION, RECORDED OCTOBER 27, 1972 IN BOOK 10397, PAGE 868 OF OFFICIAL RECORDS; THENCE ALONG THE LINES OF THE LAND OF WOODBINE, NORTH 13 DEGREES 36' 20" WEST 280.00 FEET; THENCE SOUTH 76 DEGREES 23' 40" WEST 297.90 FEET; THENCE SOUTH 58 DEGREES 44' 00" WEST 277.92 FEET TO AN ANGLE POINT IN SAID LAND OF WOODBINE; THENCE CONTINUING SOUTH, 58 DEGREES 44' 00" WEST 31.00 FEET TO A LINE WHICH BEARS NORTH 31 DEGREES 16' 00" WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 31 DEGREES 16' 00" EAST 295.17 FEET TO THE POINT OF BEGINNING. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 19, 2001 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 conditional use permit 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 Anaheim Municipal Code Sections 18.42.050.050 and 18.84.061 to permit a church within an existing commercial complex with waivers of the following: CR5249PK.doc -1- PC2001-165 • (a) Sections 18.06.050 18. 06.050.020.026. 0266 18.06.080 18.42.066.050 and 18.84.061 (b) Sections 18.05.091.020 18.42.067 and 18.84.062.040 • - Minimum number of parking sqaces. (241 required; 123 existing and concurred with by the City and Traffic and Transportation Manager) - Maximum number of wall siqns. 1 wall siQn permitted; 2 wall signs proposed) 2. That waiver (a), minimum number of parking spaces, is hereby approved on the basis that the parking study indicates that the demand for off-street parking spaces is lower than the quantity provided on the parcel and, therefore, there is a surplus of parking spaces on the parcel; and that the City Traffic and Transportation Manager has reviewed the study and concurs with the proposed parking waiver. 3. That the proposed project will not increase demand for parking on any streets in the vicinity. 4. That the proposed project will not cause any demand for parking on private property in the vicinity because an adequate supply of parking is provided on the site, and all project related parking is expected to occur on the parcel. __ 5. That the arncau~t of parking demand forecast_for the site_ is well within the supply provided. on site; and that traffic and parking congestion will not occur because the overall demand for parking at the site is lower than the amount of parking provided, and a surplus of parking spaces is expected to exist on the site at all times. 6. That the proposed project will not impede vehicular ingress or egress to the site because the project is not expected to result in increased demand for on-street parking in the vicinity of any driveways or other locations in the project vicinity; and that lines-of-sight and turning areas for existing driveways at public streets will be unaffected by parking for the proposed project. 7. That waiver (b), maximum number of wall signs, is hereby approved on the basis additional identification visible to Serrano Avenue is appropriate. 8. That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code in the CL-HS(SC) "Commercial, Limited - Hillside (Scenic Corridor Overlay)" zone. 9. That the proposed use would not adversely affect the adjoining residential, office and retail land uses, nor restrict the growth and development of the area in which it is proposed to be located. 10. That the size and shape of the site for the proposed use is adequate to allow full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and generaf weifare. 11. That the traffic generated by the proposed use would not impose an undue burden upon the streets and highways designed and improved to carry traffic in the area because the church operates during off-peak times from the majority of the commercial center, has peak usage primarily on Sundays when nearly all the other tenants are closed, and is complementary to the existing daily office and commercial uses which have peak usage during weekday hours. 12. That granting of this conditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. -2- PC2001-165 ~ ~ 13. That no one indicated their presence at the public hearing in opposition to the proposal; and that a letter in opposition to the proposal was submitted at the hearing. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to establish a church within an existing commercial center with waivers of minimum number of parking spaces and maximum number of wall signs on an irregularly-shaped 3-acre property located at the northeast corner of Serrano Avenue and Nohl Ranch Road, having frontages of approximately 485 feet on the north side of Serrano Avenue and 250 feet on the east side of Nohl Ranch Road, and further described as 6501 East Serrano Avenue (Cornerstone Bible Church); and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent 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 prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That, with the exception of office hours, the hours of operation for the church shall be limited to the following, as stipulated in the petitioner's letter of operation: Sunday Services: 7:30 a.m. to 12:00 p.m. Saturday_BibJe Studies: 6:30 p_m_ to 9:00 p_m. Weeknight Bible Studies: 6:30 p.m. to 9:00 p.m. 2. That signage shall be limited to two (2) wall sign; and that no portable signage shall be utilized to advertise the church. 3. That "Special Event Permits" may be issued for banners only; and that due to the proximity of residential land uses, no outdoor events shall be permitted. 4. That the only accessory schoo! activity shall be Sunday School; and that this facility shall not be used as a private daycare, nursery, elementary, junior and/or senior high school. 5. That at any one time the adult congregation shall be limited to one hundred sixty two (162) persons. If the number of congregates exceeds this number of inembers at any one time, the petitioner shall submit an updated parking study to the Traffic and Transportation Manager for review and approval prior to consideration by the Planning Commission at a noticed public hearing. 6. That no requi~ed parking area shall be fenced or otherwise enclosed for storage or other outdoor uses other than parking. 7. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removai of trash or debris, and removai of graffiti within twenty four (24) hours from time of occurrence. 8. That any roof-mounted equipment shall be subject to Anaheim Municipal Code Section 18.84.062.032 pertaining to the "SC" Scenic Corridor Overlay Zone. 9. That the legal property owner shall submit a letter to the Zoning Division requesting termination of Conditional Use Permit No. 3024 (to permit a 4,480 sq.ft. church facility with waiver of minimum number of parking spaces), 2157 (to permit a veterinary clinic), No. 1805 (to permit a wine tasting facility with waiver of minimum number of parking spaces) and No. 1799 (to permit on-sale beer and wine in an approved semi-enclosed restaurant with waiver of minimum number of parking spaces). -3- PC2001-165 ~ ~ 10. That the legal property owner shall submit an application for a Certificate of Compliance with all supporting documents. The Certificate of Compliance shall be issued by the City Engineer and recorded in the Office of the Orange County Recorder. 11. That the parking lot shall, at a minimum, be cleaned and swept on a monthly basis. The use of water to clean paved areas, parking lots and other areas, and flushing the debris and sediment down the storm drains shall be prohibited. 12. That subject property shall be 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, 2 and 3, and as conditioned herein. 13. That within a period of three (3) months from the date of this resolution, Condition Nos. 8, 9, 10 and 12, above-mentioned, shall be complied with. 14. 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. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared-~nvatid or unenforceable by ~he frnaF judgment o€ aRy eo~r~ Q~ eompetent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. TH~ FQREGOING RESOLUTION was adopted at the Planning Commission meeting of November 19, 2001. . ~~~ ~~ CHAIRPE ON, ANAHEI ITY PLANNING COMMISSION ATTES~: /~ ~ ~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Fernandes, 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 November 19, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of 1~LPem~tf , 2001. SECRETARY, ANAHEiM CITY PLANNING COMMISSION -4- PC2001-165