Resolution-PC 2002-51•
RESOLUTION NO. PC2002-51
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4105, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. 99R-130,
ADOPTED THEREWITH
WHEREAS, on June 15, 1999, the City Council, by its Resolution No. 99R-130, granted
Conditionaf Use Permit No. 4105 to establish conformity with existing Zoning Code land use requirements
for an existing commercial center and liquor store and to establish a church on property located at 3331
through 3339 East Orangethorpe Avenue; and that Condition No. 4 of said resolution specifies that the
church use of the property shall expire three years from the date of approval on June 15, 2002; and
WHEREAS, this property is developed with a commercial shopping center in the CL
(Commercial, Limited) zone; and that the Anaheim General Plan designates this property for Low
Medium Density Residential land uses.
WHEREAS, the petitioner submitted a letter requesting reinstatement of this use permit to
retain the church in an existing commercial center pursuant to Code Section 18.03.093 of the Anaheim
Municipal Code; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on April 8, 2002, 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 the proposal, as amended, 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 proposal 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.
4. That the traffic generated by the use will not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area.
5. 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.
6. That this conditional use permit is being exercised in substantially the same manner and
in conformance with all conditions and stipulations originally approved by the City Council.
7. That this conditional use permit is being exercised in a manner not detrimental to the
particular area and surrounding land uses, nor to the public peace, health, safety and general welfare.
Tracking No. CUP2002-04520
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8. That the facts necessary to support each and every required showing for the issuance of
the proposed reinstatement, as set forth in subsection 18.03.093.040 of the Zoning Code, exist.
9. That deletion of the time limitation is necessary to permit reasonable operation under this
use permit as originally granted.
10. 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 retain a church in an existing commercial center on
property consisting of an irregularly-shaped 1.2-acre property located at the northwest corner of
Orangethorpe Avenue and Crowther Avenue, having frontages of 400 feet on the northwest side of
Orangethorpe Avenue and 350 feet on the southwest side of Crowther Avenue, and further described as
3331 - 3339 East Orangethorpe Avenue (Four Square Church); and does hereby find that the Negative
Declaration previously approved in connection with Conditional Use Permit No. 4105 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. 99R-130, adopted in connection with Conditional Use Permit No. 4105, to
reinstate and permit the church in the commercial retail center, and to amend the conditions of approval.
in their entirety to read as follows:
Church
(a) That the hours of operation for church services and Bible studies shall be limited to:
Sunday: 9 a.m. to 1 p.m. and 7 p.m. to 9 p.m.
Monday through Friday: 7 p.m. to 9 p.m.
(b) That based on the parking study, the maximum number of aduit congregates shall be limited
to twenty (20).
2. That this conditional use permit does not include approval of a childcare facility, playground, or any
school, with the exception of the children's Sunday School.
That no required parking area shall be fenced or otherwise enclosed for outdoor storage or
playground uses.
4. That no exterior amplified bells shall be installed or used in conjunction with this church.
Liquor Store with Sale of Alcoholic Beverages for Off-Premises Consumption
5. That all trash generated by this business shall be properly contained in trash bins contained within
approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as
frequent as necessary to ensure the sanitary handling and timely removal of refuse from the
property. The Code Enforcement Division of the Planning Department shall determine the need for
additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-
up shall be paid for by the business owner.
6. That no video, electronic or other amusement devices or games shall be permitted anywhere on
subiect property.
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7. That no advertising of alcoholic beverages shall be located, piaced or attached to any location outside the
building; and that no such advertising shall be audible (either inside or outside).
8. That no alcoholic beverages shall be consumed on the premises.
9. That no display of alcoholic beverages shall be located outside the building or within five (5) feet of any
public entrance to the building.
10. That the sale of alcoholic beverages shall be made to customers only when the customer is inside the
building.
11. That no person under twenty one (21) years of age shall sell or be permitted to sell any beer or wine.
12. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use.
Commercial Center
13. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event
that it is removed, damaged, diseased and/or dies.
14. That a minimum of eighteen (18) trees shall be maintained in the landscaped planters immediately
adjacent to Crowther Avenue and Orangethorpe Avenue.
15. That no roof-mounted balloons or other inflated devices shall be permitted.
16. That trash storage areas shall be refurbished and maintained to the satisfaction of the Public Works
Department, Streets and Sanitation Division, to comply with approved plans on file with said
Department.
17. That no exterior vending machines shall be permitted.
18. That the required trees adjacent to the public rights-of-way shall not be unnecessarily pruned so as
to provide increased visibility of the facility.
19. That three (3) foot high address numbers shall be displayed and maintained on the roof of the
building in a contrasting color to the roof material. The numbers shall not be visible to the street or
adjacent properties.
20. That the existing roof-mounted equipment shall remain screened from public view in compliance with
the requirements of Anaheim Municipal Code Section 18.44.030.120 pertaining to roof-mounted
equiprnent in the CL (Co~rmerciai, Lirr~ited) Zone.
21. That the maximum number of tenant units shall be limited to ten (10) as shown on the exhibits
submitted by the petitioner and approved by the Planning Commission.
22. That wall signs shall be limited to one (1) per business except for corner units, which shall be limited
to a maximum of two (2) wall signs (that is, one (1) sign per building elevation).
23. That the property owner shall be responsible for maintaining the premises free of litter at all times.
24. That any future signage for this property shall be subject to approval by the Planning Commission as
a "Reports and Recommendations" item.
25. That the subject property shall be developed 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.
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26. 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 8, 2002.
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CHAIRPE ON, ANAHEIM CI PLANNING COMMISSION
ATTEST:
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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 April 8, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BRISTOL
IN WITNESS WHEREOF, I have hereunto set my hand this ~~T~ day of
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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