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Resolution-PC 2002-66• RESOLUTION NO. PC2002-66 • A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2001-04333, AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. 2001 R-106, ADOPTED THEREWITH WHEREAS, on April 24, 2001, the City Council did, by Resolution No. 2001 R-106, grant Conditional Use Permit No. 2001-04333 to permit a church in an existing building at 309 North Manchester Avenue with waiver of minimum number of parking spaces; and that Condition No. 1 of said resolution specifies that the use permit shall expire one year from the date of approval on April 24, 2002; and WHEREAS, the property is developed with a building that has been converted to a church in the ML (Limited Industrial) zone; that the Anaheim General Plan Land Use Element designates this property for General Commercial land uses; and that this property is located within the Plaza Redevelopment Project Area; and WHEREAS, pursuant to Code Section 18.03.093 of the Anaheim Municipal Code, the petitioner has requested reinstatement of this conditional use permit to retain the church and modification of the condition of approval pertaining to the 1-year time limitation; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 6,_ 2002, at 1:30 p.m., notice of. said p.ublic. .hearin_ g. haYing. been.dul_y gi~ren. 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; and that without the modification of the time limitation, this church would not be permitted to continue operating at this location. 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 as described in the letter of operation, including as an interim use, in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare because the use is not proposed to be intensified. 4. That the traffic generated by the use will not impose an undue burden upon the streets and high~vays designed a~d ir~prcvzd to carry ths tra~c 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, as required by Subsection 18.03.093.040 of the Zoning Code. Tracking No. CUP2002-04539 CR5351 DM.doc -1- PC2002-66 • • 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; that there have been no Code violations or complaints associated with this operation; and that the church has not adversely affected adjoining land uses. 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 to retain a church on a 0.25-acre property having a frontage of 120 feet on the south side of Manchester Avenue, a maximum depth of 82 feet, being located 210 feet west of the centerline of Loara Street, and further described as 309 North Manchester Avenue (Agape House of Prayer); and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 2001-04333 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. 2001 R-106, adopted in connection with Conditional Use Permit No. 2001- 04333, to reinstate this conditional use permit, and to amend the conditions of approval in their entirety to read as follows: _ ___ _ 1. That this conditional use permit shall expire on October 24, 2003. 2. That three (3) foot high street address numbers shall be maintained and displayed on the roof of the building in contrasting colors to the roof material. The numbers shall not be visible to the adjacent street or properties. 3. Proposed Condition No. 3 was intentionally deleted at the May 6, 2002, Planning Commission hearing. 4. That the property shall be maintained in conformance with plans previously reviewed by the City Traffic and Transportation Manager pertaining to Engineering Standard Plan Nos. 436 and 602 (parking standards and driveway locations). That the existing structures shall comply with the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Elec#rical, Mechanica! and Fire Codes as adopted by the City of Anaheim. That no accessory day care facilities or private schools shall be permitted on this property. 7. That the property shall be permanently maintained in an orderly fashion through the provision of reguiar iandscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 8. That signage for subject facility shall be limited to that shown on Exhibit No. 4, as submitted by the petitioner. Any additional signs shall be subject to review and approval by the Planning Commission as a"Reports and Recommendations" item. 9. That the petitioner shall maintain a minimum of three (3) potted plants located in front of the building, as reviewed and approved by the Planning Department. 10. That no exterior amplified bells shall be installed or utilized in conjunction with this church. 11. That the trash barrels shall be stored out of the public's view. -2- PC2002-66 . ` 12. That guard posts shall be maintained around the existing fire hydrant located in the parking lot. 13. 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, 3 and 4, and as conditioned herein. 14. That the hours of operation shall be limited to the following: Monday through Friday: 8 a.m. to 4:30 (office hours) Tuesday and Wednesday: 7 p.m. to 10 p.m. (Bible study) Thursday and Friday: 7 p.m. to 9 p.m. (choir practice and outreach) Saturday: 8 a.m. to 2 p.m. (church services and miscellaneous office activities) Sunday: 8 a.m. to 2 p.m. (church services) 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, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 6, 2002. ~ ~ ~~~'Vl.~~ CHAIRPE ON, ANAHEIM CI LANNING COMMISSION ATTEST: SECRETARY, ANAHEI 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 May 6, 2002, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE !N WlTNESS WHEREOF, ! have hereunto set my hand this vZ.~~ da of Y , 2002. ~~,.z~-a~~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2002-66