Loading...
Resolution-PC 2001-81~ RESOLUTION NO. PC2001-81 ~ A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4140 WHEREAS, on July 19, 1999 the Planning Commission adopted Resolution No. PC99- 135 to grant Conditional Use Permit No. 4140 and permit a church within an existing office building with waivers of minimum number of parking spaces (77 required, 45 approved) and minimum setback of an institutional use adjacent to a residential zone (15 feet required, 5 to 7 feet approved) on property located at 3321 West Lincoln Avenue; and that said resolution includes the following condition of approval: "17. That this approval will expire in two (2) years, on June 19, 2001." WHEREAS, this property is currently developed with a 6,000 sq.ft., two-story medical office building and a 4,000 sq.ft., one-story medical office building, including the church (Western Young Nak Church); that the property is zoned CL (Commercial, Limited}; that the Anaheim General Plan Land Use designation is General Commercial; and that the property is also located in the West Anaheim Commercial Corridors Redevelopment Project Area. WHEREAS, the petitioner has requested reinstatement of Conditional Use Permit No. 4140 and deletion of the time limitation to retain the church in the existing office building. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in tk~~ Ci~y of AnaFi@im-on June 18, 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. 2. That reinstating this use permit, as conditioned herein, to retain a church in an existing office building will not adversely affect the adjoining land uses and the growth and development of the area in which it is located; and that no Code Enforcement complaints have been received regarding this use and the property is being satisfactorily maintained. 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 proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. That the traffic generated by the use, as proposed to be reinstated, will not impose an undue burden upon fhe streets and highways designed and improved to carry the traffic in the area. 5. That reinstating this use permit, as conditioned herein, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. Tracking No. CUP 2001-4370 CR3517PK.doc -1- PC2001-81 • ~ 6. 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 to reinstate this conditional use permit and delete the time limitation, and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 4140 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 reinstate Conditional Use Permit No. 4140, without a time limitation, to retain a church within an existing office building with waivers of minimum number of parking spaces and minimum setback of an institutionat use adjacent to a residential zone; and AND BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their entirety, the conditions of approval of Resolution No. PC99-135, adopted in connection with Conditional Use Permit No. 4140, to read as follows: That the numerical address shall be maintained on the roof of the building in contrasting colors in a manner not visible to the street, and to the satisfaction of the Anaheim Police Department. 2. That within a period of finro (2) months from the date of this resolution, the existing palm tree located in the tree well in the public right-of-way adjacent to Lincoln Avenue shall be removed; and that both planters shall be planted with "Bloodgood" Plantanus Acerifolia trees as recommended by the City Urban Forestry Division of the Community Services Department. 3. That trash storage area(s) shall be 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. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum (1) one gallon sized clinging vines planted on maximum three (3) foot centers, or tall shrubbery. 4. That the hours of operation shall be limited to the following: Wednesday and Friday: 7:00 p.m. to 8:30 p.m. Sunday: 9:00 a.m. to 2:30 p.m. 5. That an on-site trash truck turn-around area shall be maintained in accordance with Engineering Standard Detail No. 610, and shall be maintained to the satisfaction of the Streets and Sanitation Division. 6. That subject property shall be maintained in conformance with Engineering Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations. 7. That the existing structures shall comply with the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim. 8. That there shall be no outdoor activity (including use of the play area) before 8:30 a.m. or after 9:00 p.m. -2- PC2001-81 • ~ 9. That no day care facilities or private schools shall be permitted as an accessory use to this church on this property. 10. 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. 11. 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. 12. That signage for subject facility shall be limited to that shown on the exhibits submitted by the petitioner and approved by the Planning Commission. Any additional signs shall be subject to approval by the Planning Commission as a"Reports and Recommendations item." 13. That no exterior amplified bells shall be installed or utilized in conjunction with this church. 14. 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 and 2, and as conditioned herein. 15. 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 reqaes~ regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adop~k~at tt~ Plann' g Commission meeting of June 18, 2001. / //~ ATTEST: CHAIRPERS~W. AY1dAHE111fi~ITY PLANNING COMMISSION SECRETARY, ANApEIM 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 June 18, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BRISTOL ~ IN WITNESS WHEREOF, I have hereunto set my hand this l~~ day of , 2001. ~~~~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2001-81