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Resolution-PC 2002-153~ . RESOLUTION NO. PC2002-153 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04611 BE GRANTED FOR THREE YEARS UNTIL OCTOBER 7, 2005 WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK 131, PAGES 1 AND 2 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 7, 2002 at 4:30 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 Section 18.44.050.130 to permit a church with waiver of the following: ' Sections 18.06.050.020.021.0212 18.06.050.020.023.0231 18.06 .050. 020.026.0263 18.06.050.020.026.0264 18.06.050.020.026.0266 18.06.050.030.031 18.06.080 and 18.44.066.050 - Minimum number of parkinq spaces. (650 spaces required; 485 sqaces proposed and concurred with by the City Traffic and Transportation Manager) 2. That the waiver, under the conditions imposed and based on the conclusions contained in the submitted parking demand study which is discussed in paragraphs (9), and (15) through (17) of the Staff Report to the Planning Commission dated October 7, 2002, will not cause fewer off-street parking spaces to be provided for the approved use than the number of such spaces necessary to accommodate all vehicles attributable to the church and to the surrounding commercial business complex under normal and reasonably foreseeable conditions of operation of such use. 3. That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. 4. That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use. 5. That the waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the approved use. 6. That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. CR5481 DM.doc -1- PC2002-153 • . 7. That the size and shape of the site for the proposed use 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 because the proposed church does not include any physical expansion of the existing building. 8. That granting 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. 9. That the proposed use will not adversely affect the adjoining office and industrial land uses nor restrict the growth and development of the area in which it is proposed to be located due to the complementary hours of operation relative to adjacent and nearby businesses. 101. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry traffic in the area based on the findings of the parking study which indicate adequate on-site parking for all uses on the property. 11. 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: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report ("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. 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: That this conditional use permit shall expire on October 7, 2005. 2. That, as stipulated by the petitioner, the hours of operation for the church shall be limited to: Sunday: 9 a.m. to 9 p.m. Tuesday through Friday: 6:30 p.m. to 9 p.m. 3. (a) That no portable signs shall be utilized to advertise the church. (b) That signage shall be limited to the two (2) existing wall sign cabinets. (c) That the petitioner shall submit any additional signs to the Planning Commission for review and approval as a"Reports and Recommendations" item. 4. That Specia! Event Permits may be issued for bar~ners only. No other outdoor events shaU be permitted. 5. 7hat no bells audible at the exterior of the building shall be permitted; and that the doors shall remain closed during church activities in order to keep any noise inside the building. 6. That the only accessory school activity shall be Sunday school; and that this church shall not be used as a private day care, nursery, elementary, junior and/or senior high school. 7. That gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic in the adjacent public streets. Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to review and approval by the City Traffic and Transportation Manager. -2- PC2002-153 • • 8. That the property shall be permanently maintained in an orderly fashion through the provision of regufar landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 9. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 10. That four (4) 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 the adjacent and nearby streets or properties. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division, approval. 11. That only the two thousand nine (2,009) square foot assembly area shown on the approved exhibits shall be utilized as church assembly area. 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 and 2, and as conditioned herein. 13. That prior to commencement of the activity authorized by this resolution or within a period of one (1) year from the date of this decision, whichever occurs first, Condition No. 10, above-mentioned, shall be complied with. Extensions for fu~ther time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 14. That prior to the commencement of th~ activity authorized by this_resolution or prior-to-final b~ilding - and zoning inspections, whichever occurs first, Condition No. 12, above-mentioned, shall be complied with. 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 request regarding any other applicable ordinance. 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 invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 7, 2002. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: ~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -3- PC2002-153 • ~J 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 October 7, 2002, by the following vote of the members thereof: AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT NOES: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: BOSTWICK IN WITNESS WHEREOF, I have hereunto set my hand this ~ a n~day of ~ C ~~ ~it ~ , 2002. ~~/~-~v-zr~-- ~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2002-153