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Resolution-PC 2004-98~ • RESOLUTION NO: PC2004-98 A RESOLUTION OF THE ANAHEIM CITYPCANNING COMMISSION REINSTATING AND ARPROVING CONDITIONAL USE PERMIT N0. 3511, AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NOS. PC92-45, PC94-134 ANDPC99-179; ADOPTED THEREWITH ' (1531 SOUTH SfNCLAIR STREET) WHEREAS, on April 6, 1992,'the Planning Commission adopted Resolution Na PC92- 45 to approve Conditional Use Permit No. 3511 and permit a church with waiver of minimum number of parking spaces for five years on property located at 1531 South Sinclair Street; and on'October 3, 1994,'the Planning Commission adopted Resolution No: PC94-134 to amend Condition Na 1 of said Resolution No: PC92-45 and permit the use until October 1, 1999; and on October 11,'1999, the Commission adopted Resolution No. PC99- 179 to amend Condition No. 1 of said Resolution No. PC99-179 and permit the use until October 11, 2004; and WHEREAS, said Resolution No. PC99-179 includes the following condition of approvaL• . "1. That subject use permit shall expire five (5)years from the date of this resolution (on October 11, 2004):' W HEREAS, the petitioner has requested reinstatement of this conditional use permit under authority of Section 18.60.180 of the Anaheim Municipal Code to retain the church; and WHEREAS, this property is developed with an industrial building with tenant improvements for this church facility (Stadium Vineyard Church) in the I(Industrial) zone; and that the Anaheim General Plan iand Use Element designates this property for Industrial fand uses; and said property is described as fo{{ows: PARCEL 13 AS SHOWN ON A MAP FILED IN BOOK 162, PAGES 27 TO 31 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUN7Y, CAUFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 8, 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 18.66.040.030, 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 church is properly one for which a conditional use permit is authorized by Code Section 18.08.030.040; 2. That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located; 3. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to health and safety; 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5. That the granting of the conditional use permit under the conditions imposed, will not be . detrimental to'the health and safety of the citizens of the City of Anaheim. ` CR1PC2004=098 -1- PC2004=98 ~ ~ 6. That the facts necessary to support each and every finding for the original approval of the entitlement as set forth in this chapter exist; ' ' 7. That the permit is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved and as confirmed by inspection of the Code Enforcement Division of the property and as indicated in a memorandum dated July 29, 2004; 8, That the permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the health and safety as the site is being well maintained and no open code enforcement violations exist on the property; and 9. That with regard to the deletion of a time limitation, such deletion is appropriate because it has been demonstrated that the use has operated in a manner that is appropriate in the underlying zone and the surrounding area and that the periodicreview of the use is no longer necessary and it can be determined that, due to changed circumstances, the use is consistent with the City's long-term plans for the area. 10. That no one indicated their presence at the public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIAENVIRONMENTAL QUALITY ACTFINDING: 'That the Anaheim City Planning , Commission has reviewed the proposal to reinstate this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on October 11, 1999 #o expire October 11;' 2004) to retain a church; and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 3511 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, 7HEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend Resolution Nos. PC 92-45, PC94-134 AND PC99-179 in their entirety, adopted in connection with Conditional Use Permit No. 3511, to reinstate this conditional use permit without a time limitation with the following conditions of approvaL 1. That fire sprinklers and a local fire alarm system shall be maintained as required by the Fire Department. 2. 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 through 4. 3. That the petitioner shall obtain a reciprocal parking agreement for additional off-site parking during any hours when there are large congregations on the subject property. Said parking agreement shall be reviewed and approved by the City Traffic and Transportation Manager, and the City Attorney. If required by the City Attorney, said agreement shall be recorded with the Office of the Orange County Recorder. 4. That the hours ofi operation shall be as follow: Worship services: Sunday \ 8:00 a.m. to 2:30 p.m. Office hours: Tuesday through Friday 9:00 a.m. to 5:00 p.m.. ' Special meetings: Saturday Befinreen 12:00 p.m. and 6:00 p.m. or Sunday -After 6:00 p.m. 5. That approval of this application constitutes approval of theproposed request only#o the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federa{ -2- PC2004-98 ~ ~ 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 alf 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 September 8, 2004. Said resolution is subject to the appeal provisions sef forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeaL AIRPERSON, ANAHEIM CITY PLANNING COMMISSION : ' AT T: ~, ~ ENIOR ECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, 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 Planning Commission held on September 8, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES, VELASQUEZ NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: BUFFA IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day o 2004. ENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2004-98