Resolution-PC 2004-37~
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RESOLUTION NO. PC2004-37
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USEPERMIT NO. 3265, AND
AMENDING CERTAIN CONDITIONS'OF APPROVAL OFRESOLUTION NO. PC99-186,
ADOPTED THEREWITH "
WHEREAS, Conditional Use Permit No. 3265 (to permit a church facility within an industrial
building with waiver of minimum number of parking spaces) was approved by the Anaheim City Planning
Commission on April 9, 1990, for three years. On June 14, 1993, the'Commission approved a three-year
extension of time to expire on April 9, 1996. On April 29, 1996, #he Commission approved an additional three-
year extension of time, which expired on April 9, 1999. On October 25, 1999, the Commission approved a five-
year extension of time to expire on April 9, 2004
WHEREAS, on October 25, 1999; the Anaheim City Planning Commission, by Resolution No. '
PC99-186 approved Conditional Use Permit No. 3265 to permit a church facility within an industrial building with
waiver of minimum number of parking spaces for a five-year reinstatement at 1250 North Red Gum Street - The
Cornerstone Church; and
WHEREAS, said Resolution No. PC99-186 includes the following conditions of approvaL•
"10. That subject church facility sha11 expire five (5) years from the expiration date in Resofution
No. 96-43, on April 9, 2004.
19.. That the church hours and activities shall be limited to the following:
Sunday 9 a.m. to 6 p.m.
Mon. through Friday 8:30 a.m. to 4:30 p.m.
Saturday 8 a.m. -11 a.m."
WHEREAS, this property is currently developed with a 24,830 square foot, 2-story industrial
building, the underlying zoning is SP 94-1, D.A. 1(Northeast Area Specific Plan, Industrial Area); the Anaheim
General Plan designates this property for General Industrial land uses; and this property is located within the
Alpha Northeast Redevelopment Project Area; and is situated in the City of Anaheim, County of Orange, State
of California, described as:
THE SOUTHERLY 135.00 FEET OF LOTS 23 AND 24 OF THE "EUCALYPTUS FOREST
TRACT", IN THE C1TY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
PER MAP RECORDED IN SOOK 5, PAGES 29 AND 30 MISCELLANEOUS MAPS, RECORDS
OF SAID ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THE NORTHWESTERLY
20.00 FEET OF ORANGE STREET ADJOINING SAID LOTS ON THE SOUTHEAST, AS
VACATED BY RESOLUTION OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, A
CERTIFIED COPY OF WHICH WAS RECORDED JANUARY 23, 1948 IN BOOK 1613, PAGE
340, OFFICIAL RECORDS OF SAtD ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS PARCEL 1 IN THE DEED TO
ROBERT N. JACKSON AND W IFE, RECORDED SEPTEMBER 15, 1978 IN BOOK 12842,
PAGE 1091 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, CALIFORNIA.
WHEREAS, the petitioner has requested reinstatement of this conditional use permit to retain the
church and to delete the condition of approval pertaining to a iime limitation 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 5, 2004, at 1:30 p.m., notice of said public hearing having been duly given as required by
CR\PC2004-037 -1- PC2004-37
(TRACKING NO. CUP 2004-04835)
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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 a11 evidence and reports offered at said hearing, does find and
determine the following facts:
1. 7hat continued use of this property as a church facility in the SP94-1 Zone, Development Area 1
is properly one for which a conditional use permit is authorized by the Zoning Code.
2. 7hat granting this reinstatement, and the amendment to the hours of operation under the '
conditions imposed,'will not be detrimental to the peace, health, safety and general welfare ofthe citizens of the
City of Anaheim. _ .
3. 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.
4. That there have been no changes to the applicable zone standards that would invalidate the
findings that were the basis for the original approvaL
5. That modification of the time limit and modification to the hours of operation is necessary to
permit the reasonable operation of the permit as granted.
6. That the facts necessary to support each and every required showing for the issuance of such ~
entitlement as set forth in Chapter 18.03 exist.
7. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to retain an existing church and to modify the hours of operation for said
church and does hereby find that the Negative Declaration previously approved in connection with Conditional
Use Permit No. 3265 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, in its entirety, Resolution Nos. PC90-88, PC93-68, PC96-43, and PC99-186, adopted in
connection with Conditional Use Permit No. 3265, to reinstate this conditional use permit to read as follows:
1. That this use permit shall expire five (5) years from the date of this resolution on Apri15, 2009.
2. That the church services/activities shall be limited from 7 a.m. until 11 pm. Saturdays and Sundays and
after 6 p.m. Monday through Friday; and that between the hours of 6 a.m. and 6 p.m. Monday through
Friday, the church shall be limited to office staff and small gatherings of no more than 80 people.
3. That this church facility shall not include any child day care or pre-school activities.
4. That there shall be no outdoor storage on site at any time.
5. That no portable signage shall,be utilized to advertise the church. _
6. That no outdoor events shall be permitted.
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7. That no required parking area shall be fenced or otherwise enciosed for outdoor storage uses.
8. That the property shail be permanentiy maintained in an`orderly fashion by providing regular landscape
maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of
occurrence.
9. 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 market Exhibit Nos. 1 through 4.
9. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipa{ 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 FOREGOINGRESOLUTION was adopted at e Plann' g mission meeting of April 5,
2004. - ,
HAIRPERSON, ANAHEIM GTY PLANNI G COMMISSION
ATTEST:
i'Zl~c.w~.~_ /~ZlrrYs~
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certiiy
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission
held on April 5, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, EASTMAN, O'CONNELL, ROMERO, VANDERBILT-LINARES
NOES:. COMMISSIONERS: ~
ABSENT: COMMISSIONERS: BUFFA, FLORES
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of 7~ ~~,
2004.
.
, SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
PC2004-37