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Resolution-PC 2003-8• RESOLUTION NO. PC2003-8 • A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04640 BE GRANTED 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 35 AS SHOWN ON THE MAP FILED IN BOOK 135, PAGES 19 THROUGH 22 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 13, 2003 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 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 '(8.61:O~Q.140 to wit: to perrrtit a eh~rch-i~-an-existing. office building with waiver of the following: Sections 18.06.050.020.026.0266 - Minimum number of parkinq spaces. 18.06.080 (52 spaces required; 20 spaces proposed and concurred with by and 18.61.066.050 by the City Traffic and Transportation Manager) 2. That the parking waiver is hereby approved based on the conclusions contained in the parking demand study submitted by the petitioner (which is described in paragraphs (16) and (17) of the January 13, 2003 Staff Report to the Planning Commission); and that approval of said waiver, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the proposed church because a reciprocal parking agreement with 2551, 2572 and 2584 Woodland Drive will be entered into and the church will adhere to approved hours of operation. 3. That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets and adjacent private property in the immediate vicinity of the proposed use. 4. That the waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for such use. 5. 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. 6. That the proposed use, under the conditions imposed, will not adversely affect the adjoining office and industrial land uses or restrict the growth and economic development of the area in which it is proposed to be located. 7. That the size and shape of the property is adequate to accommodate the proposed use, as conditioned herein, in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare, and with no significant affects to adjoining properties. cr\pc2003-8.doc -1- PC2003-8 • • 8. That the traffic generated by the proposed use, as conditioned herein, will not impose an undue burden upon the streets and highways designed and improved to carry traffic in the area because the church will operate during off-peak times in terms of the surrounding industrial uses. 9. 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. 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 permit a church in an existing office building with waiver of minimum number of parking spaces on an irregularly-shaped 0.35-acre property having a frontage of 69 feet on the west side of Woodland Drive and a maximum depth of 127 feet, being located 330 feet east of the centerline of Magnolia Avenue and 185 feet south of the centerline of Woodland Drive (east-west portion), and further described as 2568 West Woodland Drive (north-south portion); and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the 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 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 generaf welfare of the Citizens of the City of Anaheim:- - 1. That this conditional use permit shall expire on January 13, 2005. 2. That the hours of operation for the church shall be limited to the following, as stipulated to in the petitioner's letter of operation: Sunday services: 9 a.m. to 11 p.m. Saturday band practice: 12 noon to 2 p.m. Monthly Monday Board meeting: 7:30 p.m. to 9:30 p.m. Tuesday through Friday office hours: 8 a.m. to 5 p.m. 3. That no portable signage shall be utilized to advertise the church. The permitted signage shall be limited to one (1) wall sign; and that any additional signs shall be submitted to the Planning Commission for review and approval as a"Reports and Recommendations" item. 4. That the only accessory school activity shall be Sunday school; and that this facility shall not be used as a private daycare, nursery, elementary, junior and/or senior high school. 5. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor uses. 6. That no outdoor special events shall be permitted. 7. That this project shall comply with the requirements of an "A3" occupancy, as set forth in the California Building Code, 1998 Edition, and the Uniform Fire Code. Said information shall be specified on plans submitted for Building Division and Fire Department approval. 8. That the adult congregation at any one time shall be limited to one hundred ten (110) adults. If the number of congregates exceeds this number at any one time, the petitioner shall submit an updated parking study to the City Traffic and Transportation Manager for review and approval, prior to submittal to the Planning Commission for consideration at a noticed public hearing. _2_ PC2003-8 ~ • 9. 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. 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 shalt not be visible to the street or adjacent and nearby properties. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division, review and approval. 11. That the legal owner of subject property shall prepare an unsubordinated covenant providing reciprocal parking for church use for a minimum of fifty three (53) off-site parking spaces. Said covenant shall be submitted to the City Traffic and Transportation Manager and the Zoning Division for review and approved. The covenant shall be in a form satisfactory to the City Attorney and, following approval by the City, shall be recorded in the Office of the Orange County Recorder. A copy of the recorded covenant shall be submitted to the Zoning Division. 12. That subject property shall be maintained substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and approved by the Planning Commission, and which plans are on file with the Planning Department marked Exhibit Nos. 1, 2 and 3, and as conditioned herein. 13. That prior to issuance of a building permit, or prior to commencement of the activity authorized by this resolution, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 7, 10 and 11, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. - - - - - _ 14. That prior to final building and zoning inspections or prior to commencement of the activity authorized by this resolution, 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, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's 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 January 13, 2003. CHAIR ERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: /~~G.r•.~~.r---- , SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) _3_ PC2003-8 ~ ~ I, Eleanor Morris, Senior 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 Pianning Commission held on January 13, 2003, by the foliowing vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ~gT~da of Y ~G~v~.u a.~•~ , 2003. ~ O- Ir~-vL1...o --~ SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION . -4- PC2003-8