Resolution-PC 2004-10~ .
RESOLUTION NO. PC2004-10
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 3900,
AND AMENDING THE CONDITIONS OF APPROVAL OF RESOLUTION NO. PC97-6
AS AMENDED BY RESOLUTION NO. PC99-52,
ADOPTED THEREWITH
WHEREAS, on January 22, 1997, the Anaheim City Planning Commission did, by its
Resolution No. PC97-6, approve Conditional Use Permit No. 3900 to permit a church in an existing
commercial office building with waiver of minimum number of parking spaces on property located at 760
North Euclid Street, Suites 211 and 213; and that Condition No. 5 of said resolution specified that the use
permit would expire in two years on January 22, 1999; and
WHEREAS, on March 15, 1999, the Planning Commission did, by its Resolution No. PC99-52,
amend the above-mentioned Resolution No. PC97-6 to reinstate and approve Conditional Use Permit No.
3900 to retain the 2,083 sq.ft. church in the existing commercial office building with waiver of minimum
number of parking spaces, and to amend the conditions of approval including the following:
5. That this Conditional Use Permit shall expire on January 22, 2004.
WHEREAS, this property is developed with two, 2-story, commercial office buildings totaling
32,316 sq.ft., including subject church (The Church of the Rose) at 760 North Euclid Street, Suites 211 and
213; that the zoning is CL (Commercial, Limited); and that the Anaheim General Plan designates the
property for General Commercial land uses; and
WHEREAS, the petitioner submitted an application and a letter dated December 3, 2003,
requesting reinstatement of this conditional use permit to retain the 2,083 sq.ft. church in Suites 211 and 213
of the existing commercial office building without a time limitation, pursuant to Section 18.03.093 (Extensions
of Conditional Use Permits and Variances Approved with Time Limitations) of the Anaheim Municipal Code;
and
WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on January 26, 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 (Zoning Procedures-Amendments, Conditional Use Permits and Variances), 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 proposed use is properly one for which a conditional use permit is authorized by the
Zoning Code; and that there have been no changes to the applicable zone standards that would invalidate
the findings that were the basis for the original approval of this conditional use permit.
2. That the proposal, as amended, will not adversely affect the adjoining land uses and the
growth and development of the area in which it is located.
3. That the size and shape of the site for the proposal is adequate to allow full development of
the use in a manner not detrimental to the particular area nor to the peace, health, safety and general
welfare.
Tracking No. CUP2003-04819
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4. That the traffic generated by the use, as amended, 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, including deletion of the time limitation and under the
conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of
the City of Anaheim.
6. That this 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 evidenced by Code
Enforcement staff inspection which indicated compliance with all the conditions of approval.
7. 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, safety and general welfare.
8. That deletion of the time limitation is necessary to permit reasonable operation of the use
under the conditional use permit as originally granted.
9. That no one indicated their presence at the public hearing in opposition to the proposal, and
no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALtTY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to retain a church in an existing commercial office building on
property consisting of property consisting of 1.59 acres having a frontage of 10 feet on the east side of Euclid
Street and a maximum depth of 606 feet, being located 380 feet south of the centerline of Catalpa Drive, and
further described as 760 North Euclid Street, Suites 211-213 (The Church of the Rose); and does hereby
find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 3900 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 reinstate and approve Conditional Use Permit No. 3900 to permit a 2,083 sq.ft. church in an existing
commercial office building (without a time limitation) with waiver of minimum number of parking spaces;
AND BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their
entirety, the conditions of approval in Resolution No. PC97-6, adopted in connection with Conditional Use
Permit No. 3900 and amended by Resolution No. PC99-52, to read as follows:
1. That this church facility shall not include any child day care or pre-school activities.
2. That granting the parking waiver is contingent upon operation of the approved use in conformance with
the assumptions relating to the operation and intensity of the use as contained in the parking demand
study that formed the basis for approval of said waiver. Exceeding, violating, intensifying or otherwise
deviating from any of said assumptions, as contained in the parking demand study, shall be deemed a
violation of the expressed conditions imposed upon said waiver which shall subject this waiver to
termination or modification pursuant to the provisions of Sections 18.03.091 (Termination or
Modification of Amendments, Conditional Use Permits or Variances - Procedure) and 18.03.092
(Termination or Modification of Conditional Use Permits or Variances - Grounds) of the Anaheim
Municipal Code.
3. That all music within control of the subject church shall not be audible to the exterior of the suites
which the church occupies or to any persons in the surrounding suites.
4. That church meetings (other than normal office activities) shall not commence prior to 6 p.m., Monday
through Friday, with the exception of national holidays.
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5. That church attendance shail not exceed forty five (45) members.
6. That there shall be no outdoor storage on the site at any time.
7. That no portable signage shall be utilized to advertise the church.
8. That no outdoor events shall be permitted.
9. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use.
10. 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.
11. 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 market Exhibit Nos. 1 and 2, and as conditioned herein.
12. 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 26, 2004. ,
RPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTE$T:
IOR SECRETARY, 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 January 26, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
- , 2004.
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SENI~R`S~CRETARY, ANAHEIM CITY PLANNING COMMISSION
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