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Resolution-PC 92-45RE50~~UTION NQ PC92-45 A P.ESOLUTION OF TH.~ f#NEIHEIM CITY PLANNING COMMISSIOPd THA.T P~TITION FOR CONDITIUNAI. USE PEKD~IIT NO. 3511 BC GR~1P~ITED WHEREAS, the Anaheim Ci ,ty Planning Commis~ion did receive a verified Petition for ~Conditinnal Use Permit for certain real property situated in tlic City o£ Anaheim, County of Orange, State of California, descc•ibed a.s: FARCEL 13 AS SHOWN OiV A MAP FILED IN BOOK 1G2, PAGcS 27 TO 31 II~ICLUSIV~ UF PARCEL MAPS, iN THE OFFICE OF THE COUNTY RECORDFR OF ORANGE COUNTY, CALYFORNIA. WY-~EREA~, the City Planning Commission did hold a public hea*ing at thr Civic Center in the City nf Anaheim on April 6, 1992, 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, C:hapter 1~.03, to hear and consider evidence far and against said proposed conditional use Fcrmit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Com~nission, after due inspection, investigation and study made by itself and in its behalf, an~.1 after due consideration of all evidence and repoi~ts offered at said hearing, does find and determine the following £acts: 1. That the pr-~posed use is properly one for which a conditiunll use permit is authorized by Anaheirr~ iviur.~ci~al ~Code Section 18.61.050.140 tu permit a chutclt in an existing 21,254••square fo~~t industrial building with waiver of following: ,~ecti~ns 1$46.050.0~~ - .~.imum ny,~nber of ~•~~.rki~ ~,~ces. 18.06.050.026G (~, required; 4~ existing) 1~S16.o~0 .~nd 1~.61 (,~6.OSQ 2. The requeste~l parking waiver was substantiated by a parking study that was approved by the City Traffic and Transportation Manlger; 3. Th~t the parking variance will not cause an ;ncrease in traffic congestion in the immediate vic.inity nor adversely affect any udjoining land uses; 4. That the granting of th~ parking variance under the ~onditions imposed will not be detrimental to the peuce, health, safcty or general welfare of the citizens of the City of Anaheim; CR1468MS.wp -1- ~'C92-45 5. That thc proposed use is properly one fur which a conditional use permit is authorized by thc 7_oning Code, ~r that said use is not listed therein as being a permitted usc; b. That the proposed u~e will not aciversely uffect the adjoining land uses and the growth ancl development ef the area in which it ~~ proposed to be located because subjGCt prope~ty is located on an industriat strcet away frum the mujor arierial strcets in the Anlheim Stadium Iiusiness Area; 7. 'fhat subiect reyuest is ap~roved for a period of five (5) years to determine whether thc church is compatible with surrounding la»d uses; 8. 'That thc sir.c and shape of the site for the proposed use is ade.~uate to allow the ftill developmcnt of thc proposed us~ in a manner not detrimental to the. particular are~ nur to the peuce, health, safery, and general welfare; 9. That the trafGc generated hy the propused use will not irnpose an unduc burden upon the streetc and highways designed and imp:oved to ~any thc traf~c in thc nrea; 10. That thc granting of thc ccmditional usc pcrmit un.ler the conditions irnposed will not be detrimental to the peace, healtli, safery and general welfare of the eitizens ot' the Ciry oE Anaheim; and 1 t. Th~-t no onc indicated their presence :,t :caid public hearing in oppos+tion; and that no rurresp.~ndencc wa.5 reccived in npposition to the subject petition. ~~I~~VIA ENVI ONy~';VT~.OL1A11TY ACf FIND NG: Tl~at thc An~heim City F'lanning Cortimission has reviewecl the proposul to pennit a church in an existing 21,ZS4-square foot industri:.l building witt~ waiver nf minimum number of parking svaces c~n a rec"angularlyshaped parccl of land cons~sti~g of spproximatcly 0.89 acre, having a frontage of approximutciy 140 feet on the west side uf Sinclair Street, having a maximum depth of approximatcly 2'!G fcet, bcing lvcatcd approximacely 41A fcet soutti of the ccnt~rline of Cerritos Avenue. and furthcr described a.4 1531 Sot!th Sinclair 5ttees; c-nd does hereby approvc the hcgativc Dcclaratic~n upon firiding that the dcclaration r~flCC14 1MC indepcndcnt judgement of the lcad agcncy and that it has con.cidcred thc Negntive Declarati~n together with any commen~s rereived cluring the publi~ review proc:ss ~rnf f~irthcr finding an thc basis of the initial st~dy anJ any cuinmen~c re~eivcd that therr is no sulntantial cvidence that the projert will havc a signi~cant cffcrt on thc environment. NOW, TfIFREfORE, i3~: IT RC5AI.VED that thc An~hcim City ~anning Commisainn dxs hercby grant subjcct Netition for Conditiungl Use Permit~ upon thc follnwing conditions which arc herct~y founcl tc~ bc a nrcc~.~.~ry prc~cyuisf~c t~ thc propuscd uac of the subjcct prdpcrty in ordcr tc~ prescrvc thc safcty anc: gcncra! wclfare <~f the Citizens of thc C.ity of Anahcim: .2. PC92-45 l. That siibject use permit shull eapire five (S) yeurs from the c!ate of this resolution; provided, however, tha~ time extensions may be reyuested in connection with u public hearing anci, if approvcd,the use may continue for the udditional speci~ed time. 2. • That fire sprinklers shall be installed anci ~ local ~re al~irm system shall be inst~lled ati required by the Fire Depanment. 3, • That prior to commencement of the activity authorized under ttiis resolution, or prior to is~uunce of a building permit, or within a pcriod of ni~ety (90) days from the date of this retiolution, whichever occurs ~rst, the legal owner(s) of subject prouerty shall execute and record an unsubordinated cuvenant in a form app~oved by the Ciry Attarney'S Uffice wherein such owner(s) agree not to contest the forniation of any u5se~sritent district(s) which may hereaft~r be formed pursuant to the provisions of Dcvelopment agreemcnt No. 83-01 between the City of Anaheim and Anaheim Stadium Associates, which distract(s) could include such Iebal properry owner's property. A copy of the recordecl covenant shall then be subrnitted to the Zoning Division. q, That any proposed freestanding sign on subject propcrty shall be a monument-typc not cxceeding eiqht (8) feet in height and shall be subject to the ~eview and ~pproval of thc Ciry Traffic and Transportation Managcr to deiermine adequate lines-of-sight. 5. That suhject property shall be developed substuntially in accordance with plans and specifications submitted to the City ot' Anaheim by the petitioner and which plans are on file witt: thr Planning Department marked i:xhibit Nos. 1 through 4. 6, That thc petitioner shall obtain a reciprocal parking agreement for additional off•site parking during any hours when there 1re large congregations on the subject prnpeny. Said parking agrecmenc shall be review~d ancl approved by the City'I'rnffic and 'Cran~portatinn Manager, and the City Attorney. If requircd by the City Attorncy, said 7~recmci~t shall be rccc~rdcd with thc O~cc of the Orangc County Recnrder. 7, '1'ha+ thc houn of opcration sf~all bc as fullcnv: Wurship scrvices: 5unday 8:00 a.m. to 2:30 p.m. Offi~~: hours: TuesJay thrc~ugh Criday ~~ ecn i2:0A p.m and 6:00 p.~n. Spccial mcctin~.s: 5aturday or Svn~~y Aftcr G:00 p.m.. g, 'il~~t pri~~r tci i~.:u~ncc nf a building pc.rmit or within a pcrioJ of unc (1) yeur from tt~e datc of this resdlutinr. CanJition No. 6~ ntx~vc•mcntioned, shall be complied with. Excen.~sions for further timc to cumplete suid cnnditions may bc grnntcd in accordance with Scction 1R.U3.U90 uf thc ~~nahcim Muni~ipul Code. .~. pC92•4S c. lfiut prior to fin<<i building and zoning inspections, Condition Nos. 2 und 5, abovc-mentioned, shall be complicd with. 10.' Z'hat approval flf this applica:ion constitutes npproval of the propused request only to the cxtent that it r.omplies with the Anaheim Municipal Zuning Code 1nd any other appticable 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 or linance, rcgulation or requirement. Conditions marked with an ~.Sterisk (') are required by established laws, codcs, regulations and agreements and arc, therefore, not subject tn negotiation. BE IT FURTHER RESOLVED that the Anaheim City Planiung Commission does hereby ~nd and c'.etcrmine 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 purt thereof, be declared invllid or unenforceable by the fnal juclgment of any court of competent jurisdiction, then t;~is Resolution, und any approvals herein contained, shai] be deemed null and void. THE FOREGOING R ~'I'ION w;~.s aclopted at t~ Planning Commission meeting of Apri! 6, 1992. ' .~ ,. 1~-- t . c CHA ;tMAN, ANANEi C[TY P' ~ix. G COMMISSION AITEST: , ~~ . ~} ~'1( C/.~~' ' ~ , ; ~ ~/~'~; SECRETdRY; ANAHEIM CITY PLANNING COMMISSION STATE OF CALIE'ORNIA ) Cc~UN'1'Y OF ORANGE ) ss. Cl't'Y Oi~ ANAHEIM ) I, ~targarnu Scloric~, Sccret:iry of the Analicim City Planning rommission, do hcreby certify that tl~c forcgoing resolution was p~.ased and adupteJ ut a mer,ting of the Anaheim City Plannin,y, Commission hcld on April ti, 1992, by the following votc of the m~mbcrs thcreof: AYES: COMMISSIONERS: B~JUAS, f3R1S~f0[, I~IEL.LYER, HENNINGER, MESSE, P1:ttA7A NOCS: COMMISSIONERS: NUNC ABSEi~J'i': COMMiSSIONER5: 'LEMCL IN Wi'INESS WtIEREOF~ 1 havc hcrcunto sct my hancl this _~~~ ciay of ._l.~.. 1~ , 1992. :~ .~ ' ~ ~ i ~ ~ ~; , ,/1 ,)~' 1! ; i. ~i. : i ~.{,/{~ { . SECRb7'ARY, ANAf~IF~iM CI'CY P[.~,~JiVING ~4MMlSS10N .a_ ~c~2-as