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Resolution-PC 97-120~ ~ RESOLUTION NO. PC97-120 A RESOLUTION OF THE ANAHEIM CITY PLAN~lI~;G COMMISSION AMENUING CERTAlN CONDITIONS OF APPROVAL OF RESOLUTION NO. 94R-207 ADOPTED IN CONNECT~ON WITH CONDITIONAL USE F'ERMIT NO. 3693 V'JHEREAS, on August 16, 1994, the Anaheim Ciry Council adopted Resolution No. 94R-207 to approve Conditional Use Permit No. 3693 and permit a church including on-site food collection, distribution, and storage facilities in conjunction with church activities and with waivers of minimum number of parking spaces and minimum setbacic and yard areas for institutional ~ses); and that Candition No. 1 of said resolution states: 1. That subject use is hereby approved for a period of three (3) years and shall terminate on June 27, 1997. WHEFtEAS, subject property is developed with a church in a 9,950 sq.ft. commercial building focated at 1011 North Harbor Boulevard in the CL (Commercial, Limited) Zone (Calvary Chapel Open Door). WHEREAS, the petitioner has submitted a letter requesting amendment or deletion of Condition No. 1 to retain the existing church; and that said letter states tf~at whilt not asking for amendment or deletian of conditions pertaining to the on-site collection, distribution and storage of food, all aspects of those activities have ceased, that the food storage containers have been removed from the premises, and no services are provided to the h~meless communiry. WHEREAS, the City Planning Commission dicl hold a public hearing at the Civic Center in the City of Anaheim on August 18, 1897, 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, ko hear and censider evidence for and ag~inst 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 dus consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That amendment to conditions of approval pertaining to time limitations are authorized by Sections 18.03.093.041 and 18.03.093.042 of the Anaheim Municipal Code; 2. That the proposed amendment to the time limitation is necessary to permit reasonable operation under the conditional use permit as granted; CR3028MS.W P -1- PC97-120 ~ ~ That subject use permit is being exercised in a manner not detrimental to the particular area and suROUnding land uses, nor to the public peace, health, safety and general welfare because the church has existed for three years in a manner nat detrimental to the immediate area nor to the surrounding land uses, nor to the public peace, health, safety and general welfare; and 4. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petitiun. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Ciry Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 3693 i~ adequate to serve as the rec±u'srei a!~~~ironmental documentation in connection with this request upon finding that the dec'ar~~~.~on re^t~~:ts the in~ependent judgement of the lead agency and that it has considered th~' previcu .~; approved Negative Declaration together with any comments received durit:g i'.ie ~'.ablic review process and further finding on the basis of the initial study and any comrr~ents rec~:ivad lnat there is no substantial evidence that the project will have a significant effect on tr~e env~ronment. ' NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend Condition No. 1 of Resolution No. 94R-207, adopted in connection with Conditional Use Permit No. 3693, t~ read as follows: "That subject use is hereby approved for a period of three (3) years and shall terminate on June 27, 2000." THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 18, 1997. / ~ GK~ ~- CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATfEST: SECRETARY, NAHEIM CITY PLANNING COMMISSION -2- PC97-120 ~ ~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim Ciry Planning Commission, do hereby certify that the foregoing resolution was passed and adoptPd at a meeting of the Anaheim City Planning Commission held on August 18, 1997, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, MAYER, MESSE, PERAZA ~!OES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE Q~~ IN WITNESS WHEREOF, I have hereunto set my hand this ~~~ day of 1~Y,~Y/Li)1,~.1v , 1997. _ n SECRE , ANAHEIM CITY PLANNING COMMISGION -3- PC97-120