Loading...
Resolution-PC 2002-84. RESOLUTION NO. PC2002-84 ~ A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2001-04355 FOR FIVE (5) YEARS UNTIL MAY 21, 2007, AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2001-66, ADOPTED THEREWITH WHEF2EAS, on May 21, 2001, the Anaheim City Planning Commission, by its Resolution No. PC2001-66, granted Conditionat Use Permit No. 2001-04355, in part, to permit and retain a church at 5247 East Orangethorpe Avenue in a commercial shopping center with waiver of minimum number of parking spaces (waiver of minimum setback of institutional uses adjacent to a residential zone boundary was denied because revised plans were submitted eliminating said waiver); and that said resolution includes the following condition of approval: That this conditional use permit shall expire one (1) year from the date of this resolution, on May 21, 2002. WHEREAS, the property is developed with a commercial shopping center including a church (Searchlight Ministries), that the underlying zoning is CL (Commercial, Limited), and that the Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS, the petitioner has requested reinstatement of this conditional use permit to retain the existing church wifhin fhe com~erci~l shopping centerRursuant to Code Section 48.a3:093 0~ 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 June 3, 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 use proposed to be reinstated is properly one for which a conditional use permit is authorized by the Zoning Code. 2. That the proposed reinstatement will not adversely affect the adjoining land uses and the growth and development of the area in which the use is located. 3. That the size and shape of the site for the proposed reinstatement is adequate to allow full development of the use in a manner not detrimental to the particufar 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. dc~~ Tracking IVo. CUP2002-a4~- CR5379DM _ -1- PC2002-84 ~ ` 6. That the facts necessary to support each and every required showing for reinstatement of this use as set forth in Section 18.03.093 of the Anaheim Municipal Code exist. 7. 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 Planning Commission, as indicated by the Code Enforcement Division's field inspection. 8. 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, safery and general welfare. 9. That without modification of the time limitation, the church would not be allowed at this location; and that a five year time limitation is appropriate to further evaluate the ability of the property to adequately accommodate the church's growth and activities. 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 an existing church within a commercial shopping center on property consisting of 1.47 acres located at the northeast corner of Orangethorpe Avenue and Post Lane, having frontages of 147 feet on the east side of Post Lane and 357 feet on the north side of Orangethorpe Avenue, and further described as 5247 East Orangethorpe Avenue (Searchlight Ministries); and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 2001-04355 is adequate to serve as the required environmental documen~ation in connecfion wifh tfiis ~~~uestupan finding that the decfaration refteets 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. PC2001-66, adopted in connection with Conditional Use Permit No. 2001- 04355, to reinstate and approve this conditional use permit for a period of five years until May 21, 2007, and to amend the conditions of approval in their entirety to read as follows: 1. That this conditional use permit shall expire on May 21, 2007. 2. That three (3) foot high street address numbers shall be displayed and maintained on the roof of the building in contrasting colors to the roof material. The numbers shall not be visible to any adjacent street or properties. 3. That there shall be no church activities located in the landscaped buffer area along the north and east property lines adjacent to the single-family residential land uses in the RS-7200 (Residential, Single-Family) zone. 4. That alI existing water services shall conform to current Water Utility Standards. Any existing water services which are not approved by #he Utiiity fo~ continued use shall bs upgrad~d to current standards, or abandoned by the developer. If the existing services are no longer needed, the developer shall abandon them. 5. That no day care facilities or private schools which are accessory to this church shall be permitted on this property. 6. That no exterior amplified bells shall be installed or utilized in conjunction with this church. -2- PC2002-84 ~ ~ 7. 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 gra~ti within twenty four (24) hours from time of occurrence. 8. That signage for this church shall be limited to the three (3) existing tenant identification wall signs (approximately twenty [20] feet by twenty four [24] inches each) and identification on the existing double-faced freestanding shopping center identification sign. No window signs shall be permitted. Any additional signs shall be submitted to the Planning Commission for review and approval as a "Reports and Recommendations" item. 9. That no outdoor special events shall be conducted in conjunction with this church unless a Special Event Permit is first obtained from the Zoning Division. 10. That the size of the congregation shall be limited to seventy five (75) adults; and that (based on the findings of the parking study prepared by Katz, Okitzu and Associates, dated April 2, 2001) the hours of operation shall be limited to the following: Sunday: 9:00 a.m. to 12:30 p.m. (two services) Wednesday and Saturday: 7:00 p.m. to 9:00 p.m. - Tuesday through Friday: 9:00 a.m. to 5:00 p.m. (two employees) 11. 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 o€ ~Fie-request regaFding a~y-othgr applicable_ordinao_ce, regulation or requirement. June 3, 2002. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of . ~ -~.n e~ CHAIRP ON, ANAHEIM PLANNING COMMISSION ATTEST: CiC-l~ry-~ ~.?~-t_~wti..P~¢/~ SECRETARY, AN~AHEIM 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 3, 2002, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ~~-~ day of v r+ ~ , 2002. ~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2002-84