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Resolution-PC 2004-39~ ~ RESOLUTION NO. PC2004-39 A RESOLUTION OF THE ANAHEIM C{TY PLANNING COMMISSION AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC98-98 ADOPTED IN CONNECTION W1TH CONDITIONAL USE PERMIT NO. 4033 (8712 EAST SANTA ANA CANYON ROAD) WHEREAS, on June 22, 1998, the Anaheim City Planning Commission did, by its Resolution No. PC98-98, granted Conditional Use Permit No. 4033 to permit a 29,503 square foot church with accessory day care center, fellowship hall, and multi-purpose building in conjunction with existing modular buildings. On July 19, 1999, revised plan were approved to permit a manufactured home for a parsonage and to amend or delete certain conditions of approval pertaining to landscaping and roof-mounted equipment in conjunction with the previously approved church. On March 1, 2004, staff determined that a 5,611 square foot addition to the fellowship hall was in substantial conformance with previously-approved plans. WHEREAS, on July 6, 1988, the Anaheim City Planning Commission did, by its Resolution No. PC88-183, granted Conditional Use Permit No. 3032 to permit a semi-enclosed "garden church", including 5 temporary modular buildings, an outdoor amphitheater and stage for a period of three years was approved by the Commission on July 6, 1988, to expire on July 6, 1991. On July 15, 1991, Conditional Use Permit No. 3032 was amended by the Commission to modify the conditions of approval pertaining to time limitations to allow the church to remain until May 16, 1999. This conditional use permit was reinstated by Commission on July 7, 1999, and the time limitation was eliminated. WHEREAS, on February 1988, the Anaheim City Council, by its Resolution No. 88R-69 and, adopted Sycamore Canyon Specific Plan NO. SP88-1 to provide for the development of a planned community consisting of single-family residences, condominiums, a commercial shopping center, parks, community facilities (including a fire station, police station, and library), and open space areas. WHEREAS, Resolution No. PC98-98, adopted in connection with subject use permit, includes the following condition of approval: "9. That church activities shall not begin before 9 a.m. and shall end before dusk or by 8 p.m., whichever is fater, except on religious hofidays (not to exceed ten (10) days per calendar year). 16. That within a period of five (5) years from the date of this resolution, the existing modular buildings (except for the dressing room and restroom located adjacent to the outdoor chapel at the western portion of the property) shall be removed from this property:' W HEREAS, the petitioner has requested to amend said condition of approval. WHEREAS, this property is currently developed with a partially developed with a church, including modular buildings, a parsonage, biblical theme garden and water feature, and an outdoor chapel; the Anaheim General Plan designates this property for Open Space land uses; 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 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 invesiigate 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 CR\PC2004-039 -1- PC2004-39 ~ ~: 1. That the proposed use, as amended, is properly one for which a conditional use permit is authorized by the Zoning Code, or that said use is not listed therein as being a permitted use; 2. That the proposed use, as amended, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; 3. That the size and shape of the site for the proposed use, as amended, is adequate to allow full development of the proposed 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 proposed use, as amended, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5. That no one indicated their presence at said 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 permit roof-mounted equipment in conjunction with an expansion of an existing multi-purpose building and to determine substantial conformance with previously-approved exhibits for an existing church and to amend or delete a condition of approval pertaining to a time limitation for four (4) existing modular buildings, and to further allow the establishment of four (4) additional modular buildings for accessory church activities and modify hours of operation and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 4033 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 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 Ciry Planning Commission does hereby amend, in its entirety, the conditions contained in Resolution No. PC98-98 to read as follows: 1. That within a period of ten (10) years from the date of this resolution, the modular buildings (except for the dressing room and restroom located adjacent to the outdoor chapel at the western portion of the property) shall be removed from this property. In the event that permanent facilities to replace the modular buildings are built during the ten (10) year period, the temporary modulars shall be removed within sixty (60) days of the occupancy of the permanent facilities. 2. That all outdoor church activities shall not begin before 9 a.m. and shall end before dusk or by 8 p.m., whichever is later, except on religious holidays (not to exceed ten (10) days per calendar year). 3. That no outdoor ampfified sound systems sha11 be installed on the subject property, and that al1 outdoor events shall comply with the requirements of Chapter 6.70 "Sound Pressure Levels" of the Anaheim Municipal Code. 4. That prior to issuance of any Special Events Permit for outdoor activity on this property, the petitioner shall obtain a Special Circumstance Waiver from the Zoning Administrator. 5. That trash storage area(s) shall be provided and maintained in locations acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as clinging vines or tall shrubbery. -2- PC2004-39 ~ ~ 6. That an on-site trash truck turn-around area shall be provided in accordance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. 7. That gates shall not be installed across any driveway or private street in a manner which may adversely affectvehicular trafFic on the adjacent public street. Installation of any gates shall conform to the ~ngineering Standard Plan Na 609 and shall be subject to review and approval by the City Traffic and Transportation Manager prior to issuance of a building permit. 8. That if necessary, the legal property owner shall provide the City of Anaheim with a public utilities easement along/across high and low voltage lines crossing the private properry, and around all pad- mounted transformers, switches, capacitors. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 9. That the legaf property owner shall be required to pay for an underground line extension to the nearest electrical source that has the capacity to serve the loads of this project Any required relocation of City electrical facilities shall be at the property owner's expense. tandscape and hardscape screening of all pad-mounted equipment shall be required and outside the easement area of the equipment. 10. That all air conditioning facilities and all other ground mounted equipment shall be fully shielded from view and the sound buffered from adjacent residential properties. Such information shall be specifically shown on the plans submitted for building permits. No roof mounted equipment shall be permitted. 11. That lighting of signage for subject property shall be prohibited between the hours of midnight and 6:30 a.m. as specified by Zoning Code Section 18.05.091.052, unless a variance is applied for and granted. All new signage visible from off-site shall be subject to review and approval of the Planning Commission as a"Reports and Recommendations" agenda item. 12. That no outdoor lighting for the parking lot, driveways, athletic fields or buildings shall be installed prior to a review and approval of a comprehensive lighting plan by the Planning Commission as a"Reports and Recommendations" agenda item. That any future light fixtures shall be down-lighted and directed away from adjacent residential property lines to protect the residential integrity of the area and shall be so-specified on the plans submitted for permits. 13. That 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 Revision No. 2 of Exhibit No. 1 and Exhibit Nos. 2 through 15, and as conditioned herein. 14. That prior to issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 5, 6, 7, 8, 9 and 10, 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. 15. That prior to final buifding and zoning inspections, Condition No. 13, above-mentioned, shall be complied with. 16. 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 requiremenf. -3_ PC2004-39 ~ ~ THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 4, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.03, "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal proce~iures and may be replaced by a City Council Resoiution in the event of an appeaL ~ n ,, ~ ~, RPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CAL~FORNIA ) COUNTY OF ORANGE ) ss. C1TY OF ANAHEIM } I, Eleanor Morris, Senior Secretary of theAnaheim 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 5, 2004, by the following vote of the members thereof: AYES: COMM{SSIONERS: BOSTWICK, EASTMAN, O'CONNELL,ROMERO, VANDERBILT-LINARES NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: BUFFA, FLORES IN WITNESS WHEREOF, I have hereunto set my hand this a~-~~ day of i~ , 2004. ~~,..~.~ i`Z~~~o SENIOR SECRE7ARY, ANAHEtM CITY PLANNING COMMISSION -4- PC2004-39