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Resolution-PC 2001-175~ RESOLUTION NO. PC2001-175 ~ A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 3464 AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC91-166, AS AMENDED, ADOPTED THEREWITH WHEREAS, on October 21, 1991, the Anaheim City Planning Commission adopted Resolution No. PC91-166 to permit a church in an existing industrial building at 5100 East La Palma Avenue with waiver of minimum number of parking spaces; and that Condition No. 17 of said resolution specified that the use would terminate in a period of three years until October 21, 1994; and WHEREAS, on December 12, 1994, the Planning Commission adopted Resolution No. PC94-164 to amend certain conditions of approval, including Condition No. 17 which permitted the use for an additional three years until October 21, 1997; and WHEREAS, on September 12, 1995, the City Council adopted the Northeast Area Specific Plan No. 94-1 for a large area including subject property; and that subject property is now located in Development Area 2(Expanded Industrial Area) of the SP 94-1 zone; and WHEREAS, on December 22, 1997, the Planning Commission adopted Resolution No. PC97-183 to amend Condition No. 17 which permitted the use for an additional period of four years until October 31, 2001, concurrent with termination of the existing lease; and WHEREAS, this 3,900 sq.ft. church (Community Christian Church) occupies two tenant spaces (Suites 111 and 112) of the industrial complex; that the zoning is SP94-1, Development Area 2~SC) fNortheast Area Specific Plan 94-1, Expanded Industrial Area - Scenic Corridor Overlay); that the property is located within the Project Alpha Northeast Redevelopment Area; and that the Anaheim General Plan Land Use Element designates the property for General Industrial land uses; and WHEREAS, the petitioner has requested reinstatement of this conditional use permit, which expired October 31, 2001, to retain a 3,900 square foot church within a 138,350 square foot industrial complex under authority of Code Sections 18.03.093 and 18.110.070.050.0510; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 17, 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 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 in Development Area 2 of the Northeast Area Specific Plan. 2. That the proposal, as reinstated, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. 3. That the size and shape of the site for the use, as proposed to be reinstated, is adequate to allow full development of the use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. CR5265PK.doc -1- PC2001-175 • . 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the tra~c in the area. 5. That reinstating 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. 6. That this use is currently being exercised in substantially the same manner and in conformance with all conditions and stipulations originally ap~roved by the Planning Commission. 7. That field inspections by Planning Department staff indicate that the property is being satisfactorily maintained and has demonstrated compliance with all conditions of approval. 8. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 3464 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 lead agency and that it has considered the previously approved 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 amend Resolution No. PC91-166, as amended by Resolution Nos. PC94-164 and PC97-183, and adept~d ~n con!??ction with r~nditi~nal ll~e Permit No. 3464; to reinstate and approve the church in an existing industrial building at 5100 East La Palma Avenue with waiver of minimum number of parking spaces; and BE IT FURTHER RESOLVED that the Planning Commission does hereby amend the conditions of approval, in their entirety, to read as follows and which conditions 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 this conditional use permit shall expire on April 17, 2008, concurrent with the current lease agreement. 2. That signage for subject facility shall 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. 3. That the hours of operation for the church shall be limited to the following: Sunday services: Wednesday: Thursday service: Monday to Friday 4. That no required parking ~ parking. - 9 a.m. - 12:30 p.m. 6 p.m. - 8: 30 p.m. - 7 p.m. - 9 p.m. - 7 p.m. - 9 p.m. - 8 a.m. - 6 p.m. (office hours) ~rea shall be fenced or otherwise enclosed for outdoor uses other than -2- PC2001-175 • • 5. That no portable signs shall be utilized to advertise the church. 6. That no outdoor events shall be permitted. 7. That the only accessory school 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. That no "compact" or "small car" parking spaces shall be permitted. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage area(s) shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. 10. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division, for review and approval. 11. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 12. That three (3) foot high street address numbers shall be displayed on the roof of the building in a contrasting color to the roof material. The numbers shall not be visible to any adjacent or nearby streets or properties. Said information shall be specifically shown on plan(s) submitted for Planning Department appravat: - 13. That any roof-mounted equipment shall be subject to Anaheim Municipal Code Section 1g.84.0~?.9~2 ~~r#aining to the "SC" Scenic Corridor Zone Overla_y. Such information shall be specifically shown on the plans subject to Zoning Division review and approval prior to submittal for building permits. 14. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dies. 15. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 16. 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, as approved for Conditional Use Permit No. 3464 and as conditioned herein. 17. That within a period of two (2) months from the date of this resolution, Conditions Nos. 10 and 12, 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. 18. 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. -3- PC2001-175 ~ • THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 17, 2001. ATTEST: HAIRPERSON PRO TEMPOR , ANAHEIM CITY PLANNING COMMISSION ~ ~ ~~ SECRETARY, ANAHEIM ITY 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 December 17, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT NOES: COMMISSIONERS: NONE RB~~R1T: COMMISStQNERS: ARRIOLD IN WITNESS WHEREOF, I have hereunto set my hand this o~-~S % day of ~ t c ~•~a ~~r , 24Q1. ~ ~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION Tracking No. CUP2001-04479 -4- PC2001-175