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Resolution-PC 97-6~ '~ RESOLUTION NO. PC97-6 A RESO!_t1TION OF THE ANAH~IM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0. 3900 BE GRANTED WHEREAS, the Anaheim Ci.ry Planning Cornmission did receive a verified Petition for Conditional Use Permit for certain real properry situated in the CitN of Anaheim, Counry of Qrange, State of Cal'rfornia, described as: PARCEL 1 OF PARCEL MAP 90-281, 1N THE CIN OF fWAHEIM, COUIVTY OF ORANGE, STATE OF CAiJFORNIA, AS &li0~!VN ON A MAP FILED IN BOOK 262, PAGES 13 AND 14 OF PARCEL h9APS, IN THE OFFICE OF THE COUNTY RECORDtR OF ORANGE COUNTY, CALIFORPd1A. WH~~EAS, the City Planning Commission did hold a public hearing at the (:ivic Center in the City of Anaheim on January B, 1997 at 1:30 p.m., notice c~ said public hearing having been duly givsn as required by law and in accorr;ance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and cons(der evidence fior and against said pr~osed conditianal use permit and to investigate and make find(ngs and recommendations in cannection therewith; and that said puWic hearing was continuQd to the January 22, 1997 Planning Commission meeting; and WHEREAS, said Commission, after due inspection, investigation and study made by ftself and in its behalf, and after due consideratfon of all ev(dence ar-d reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is prQperly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.44.050.130 to permft a church in an existfng commercial office building with waiver of the following Sections 18.06.050.0212 - Minimum number of oarkina saaces. 18.06.050.0266 177 requ(red; ~ exist(ng and recommended for approval by 18.06.080 the City Traffic and Transparcation Nlanager) and 18.44.066.050 2. That although the legal advertisement for this conditior~al use permit indicates that the property frontage on the east side of Euclid Street is 125 feet, the correct frontage fs one (1) foot; 3. That subject property is currendy developed with rivo, 2-story commercial o~ce buildings totaling 32,216 sq.ft. in the CL (Commercial, Limited); 4. That subject petition was filed is a result of a notice of vidation being issued by the Planning Department, Code Enforcement DNision, for operatfon withaut a conditional use permft; 5. That the parking waiver, under the condRions imposed and as identffied in the subrnitted parking study, wiil not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to a~commodate all vehicles attributable to such ~se under the normal and reasonably foreseeable conditions of operation of such use because the existing Glenoaks Business CerrtEr has more than adequate on-site parking spaces to accommodate troth the proposed Church of the Rose and the office tenants, the parking Io4 design properly eliminates potentiai traffic circulstion congestion, and the parking lot entrance is contrdled by a traffic signal to facilitate safe traffic access onto Euc~id Street; CFiT_810DM.V`!P -1- PC97~ .i~ `v 6. That the wafver, under the conditions imposed and as identffied (n the svbmitted parking study, will ;?ot.increase the demand and ~ompetftion for parlcing spaces upon the pul~lic streets in the immediatP ~ic:~rrty of the propose~ use; i. That the waNer, under the conditions imposed and as identified in the submitted parking study, w~l~ not increase the demand and competition for parking spaces upon adjacent pfirate ~roperry in the immadiate vicin'~ty of the proposed use (which properry (s not expressly provided as parking for such use under an agreem~..~t i~i compliance with ~ecYlon 18.06.010.020 of this Code) because no evidence of church and/or office related parking encroachment onto the adJacer,t apartment compiex was observed and the parking lots for the tvco adjacent fast food restaurants are physfcally separated ftnm the subJeat business center to eliminate potential parking encroachment; 8. That the waiver, under the conditions imposed and as identiFied in the submitted parking study, will not increase traffic congestion wfthin the off-street pasking areas or lots provided for such use because subject business center, the surrouriding apartment compiex, and two restaurants share a signalized driveway on Eucl(d Street which provides safe and efficient access for the combined traffic of the~s !~ses, 9. That the waNer, under the condftions imposed and as IdenCrfied in the submitte~ parking study, will not (mpede vehicular ingress to or egress from acijacent properties upon the public streets in the , fmmediate viciniry of the proposed use; 1 Q. Tha4 tha, proposed use is properly one for which a condftlonal use permft is authorized by the Zoning Code; 11. That the proposed use will not adversely affect the adjoining land uses and the growth ar~ devetopment of the area in which it (s proposed to be located because the proposed church assembly hours - ilo not conflfct wfth tha business hours foT the ex(sting offices on subject property and that the church use, a~ conditioneo, will be compatible wfth the existing suROUnding uses; 12. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not det~imeMal to the particular area nor to the peace, healSh, safery, and general weifare; 13. That the traffic generated by the proposed :ase wN! not impose an undue burden upon the streets and highways rlesigned and improved to carry the traffic in the area; 14. That the granting of the conditional use pennK, under the conditions imposed, will not be detrimental to the peace, health, safery and general welfare of the cRizens of the City of Anaheim; and 15. That no one indicated their prASence at said pubtla hearing in opposft(on; and that no correspondence was received !n opposition to the subJect pe:itlon. ~ALIFORNIA ENViRONMENTAL QlIALITY ACT FINDING: That the Anaheim City Planning Commission h2s rEViewed the proposal to permit a church in an existing commerclal office Guilding with waiver oF minimum number of parking spaces on an irregularly shaped parcel consisting of aF;~roximately 1.59 acres, having a frontage of approximately 1 foot on the east side of Euclid Street, tr;.4;~, a maximum depth of approximately 606 feet, being located approximately 3d0 feet south of the cen~*Iine of Catalpa Drive and further described as 760 North Eucli~ Street, Suftes 211-213, ar-d does hereby approve the Negative Declaration upon firxiing that the declaratlon reflects the independant judgemeM of the lead agency and that it has considered the Negative Declaratbn together with any comments receNed durtng the public review process and furiher finding on the basis of the inftial study and any commerrts received that there is no substantial evidence that the project will have a significant effect on the ~nvironment. -2- PC97-6 ~ K:. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subJect Petitioe foUiCoe oithe o~ sed u e of theh ubj~~t proPe-'ry ni orcler tio p eserve the found to be a necessary p e4 p p° safery and general welfare of the Citizens of the C'~ty of P,naheim: 1. That this church facility shall not inciude any chNd day ca~e or pre-school activicies• 2. That the owner of the subJsct property shall suh~nit a letter requesting termination of Va~tance No.1716. (to waive ah~mW~i ~o office bui dingsstoithe Zoni g DMs on.i~~ Use Permit No. 505 (to establish a theate rY 3. That the granting of the parkin9 waiver is cflntingent upon operation of the use in co~ormance wfth the assumptions relating to the operation ar-d intensiry o6 use as contained in Yhe Pa~or u herwise study that formed the basis for approvai of safd waiver. Exceeding, vidating, inten.ffying deviating hom any of said assumptions, as containedn ~thwe ~~e~9~ic-~ ~~~b~e~ct~ihis~v aNar to a violation of the expressed conditions imposed ~po terminat!on or mod~cation pursuant to the provisions of Sections 18.03.091 und 18.03.092 of the Anaheim Municipai Code. 4. That any music wfthin the contrd of the subJect church shall not be audible to the exterior of the subject suites n9r by an/ persons in the suROUnding suftes. 5. That subject Conditi~nal Use Permh shall expire two (2) years from the date of this resolution, on givena o he statedacharactieristics of opperat on that ae un qe t~o this particular ch ~ h tion ~hall be 6. That church meetings (other than normal office activities) shall not commence prior to 6 p.m., Mo n day through Friday, with the exception of national holidays. 7. That church attendan~e shall not exceed forty five (45) members. 8. That subject property shall be developed substantially in accorclance wfth plans and spec~ications submitted to the Ciry of Anaheim by the petitioner arxl evhich plans are on file whh the Planning ~epartment market Exhi~it Nos. 1 and 2. 3. That wfthin a period of thirty (30) days from the date of this resolution, Condition No. 2, at~ove- gra tied in ac o'rdance withiSecti~ n 78.03 090 of~the Anaheim Municipal~Code. ~ c~nion may be 10. That approval of this application constitutes approval of the prapflsed request only to the exterrt that ft compties with the Anaheim Municipal Zoning Code and any other appUcable Ciry, State and Federal regulations. Approv~l does not includa any action or flndings as t~ compliance or approval of the request regarding any other appUcable ordinance, regulation or requirement. BE IT FURTHER RE50LVED that the Anaheim Cfty Planning Commission does~he~nce wRh and detertnine that odoption of this Resdution is expressiy pred~cated upon applicant's cor~: each and all of the condftions hereinabove set forth. Should any such conditio`antr uris~ cti~nhthen~th s Resolutionn anid any approvalsherein chontained, sha~~ be cieemed nul~ a~d°~ j PC97-6 -.',- ~ ~ THE FOREGOING RESOLUTION was adopted ai the Planning Commission meeting of January 22, 1997. ~. CHAIRPERSON ANAHEIM CITY PLANNING COMMISSION ATTEST: ~ ~J~ SE~REfARY, N HEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Sdorio, Secretary of the Anaheim City Planning Commissfon, do hereby certffy that the foregoing resolution was passed and adopted at a meeting of the Anaheim Ciry Plannfng Commission held on January 22, 7997, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, MAYER, MESSE, PERAZA NOES: COMMISSIONERS: NONE ABSENT: COMMISSiONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of 1997. SECRETARY, AHEIM CITY PLAMNING COMMISSION -q- PC97-6