Resolution-PC 98-165RESOLUTION NO. PC98-165
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING CONDITIONAL USE PERMIT NO. 3528 FOR ONE YEAR,
APPROVING TWO ADdITIONAL MODULAR STRUCTURES, AND
AMENDING THE CONDITIONS OF APPROVAL
WHEREAS, on October 9, 1989, Conditional Use Permit No. 3204 was approved by the
City Planning Commission to permit a 40-foot high church facility with waiver of minimum number of
parking spaces on property located on the south side of Kaiser Boulevard, between Roosevelt Road and
Chaparral Court (the subject property); and that time extensions have been granted for the petitioner to
comply with the conditions of approval and commence construction of the permanent church building, the
last extension to expire on October 9, 1999; and
WHEREAS, on July 27, 1992, Resolution No. PC92-91 uvas adopted by the Planning
Commission to grant Conditional Use Permit No. 3528 and permit two temporary trailers in conneclion
with the previously approved church at 101 Chaparral Court; and that Conditfon No. 1 of said resolution
permitted the temporary use for a period of two years until July 27, 1994; and -
WHEREAS, this property is developed with two temporary moduiar buildings being
used for a temporary church sanctuary, offices, classrooms and kitchen facilities (Light of the Canyon
United Methodist Church); that the property is zoned CO(SC) (Commercial, Office and Professional -
Scenic Corridor Overlay); and that lhe Anaheim General Plan designates the property for General
Commercial land uses; and
WHEREAS, the applicant has requested reinstatement of this use permit and has also
requested approval for two additional modular units (720 sq.ft.) and (300 sq.ft.); and that a revised site
plan (Revision No. 1 of Exhibit No. 1) and a revised floor plan (Revision No. 1 of Exhibit No 2) were
submitted showing the two moduiar units; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center fn
the City of Anaheim on October 12, 1998 at 1:30 p.m., notice of said public hearing having been duly
given as required by Ia~ and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for and against said proposed conditionai use permit 2nd 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
Anaheim Municipal Code Sections 18.03.030.010 and 18.41.050.070, and thal reinstatement is authorized
by Section 18.03.093.040.
2. That reinstating the use for one year and permitting a total of four modular units wili not
adversely affect the adjoining land uses and the growth and development of the area in which it fs localed.
3. That the size and shape of the site for the reinstated and expanded use is adequate to
allow full development of the proposal in a manner not detrimental to the particuiar area nar to the peace,
health, safety and general welfare.
4. That the tra~c generated by lhe reinstated and expanded use wili not impose an undue
burden upon the streets and highways des(gned and improved to carry the traffic in the area.
5. That reinstating and expanding this conditional use permit, under the conditions imposed,
CR3455pk.doc -1- PC98-165
will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of
Anaheim. .
6. That this conditional use remains consistent with the General Plan and with the
underlying zone district designation.
7. That no Code amendments have occ~rred ihat would cause this use to be inconsistent
with the Zoning Code.
S. That this use permit is being exer~ised in substantially the same manner and in
conformance with all conditions and stipulations originally approved; that the use is being exercised in a
manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health,
safety and generai welfare; and that the underlying property has been maintained in a safe, clean, and
aesthetically pleasing condition with no unremediated Code violations on the property, as connrmed by a
Code Enforcement Division inspection.
9. That no information has been submitted and no changed circumstances are present to
contradict the above findings.
10. That no one indicated their presence at the public hearing in opposition to the proposal;
and lhat no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUAUTY ACT FINDiNG: That the Anaheim City
Planning Commission has reviewed the request and does hereby find tfiat lhe project falls within the
definition of Categorical Exemptions, Class 3, and, therefore, the previously approved Categorical
Exemption serves as the appropriate enviranmental documentation for this request.
NOW, THEREFORE, BE IT RESOLVED that lhe Anaheim City Planning Commission
does hereby amend Resolulion No. PC92-91, to reinstate Conditional Use Permit No. 3528, to permit two
(2) additional moduiar units (720 sq.ft. and 300 sq.ft.) for a total of four (4) modular units, and to amend
the conditions of approval as follows:
(a) That Condition Nos. 1 and 8 are amended to read:
1. That the subject conditional use permit is hereby reinstated for a period of onQ (1) year, to
expire on October 9, 1999.
8. That subJect property shal~ be deveioped substanlially 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 Revision No. 1 of [xhibit Nos. 1 and 2, and Exhibit Nos. 3
through 5.
(b) That lhe foliowing new conditions are added:
12. That within a period of one (1 } month from the date of this resolution, the property owner shall
send a letter to lhe business owners' master association requestinQ that the slope landscaping
be properly irrigated and maintained.
13. That within a period of lwo (2) months from the date of this resolution, th~ parking lot shall be
re-striped in accordance with Revisfon No. 1 of Exhibit No. 1, and subject to the approval of the
City Traffic and TransportaNon Manager.
14. That within a period of two (2) months from the date of this resolution, an on-s(te trash truck turn
around area shall be provided in accordance with Engineering Standard Detail No. 610, and as
required by the Street Sweeping and Sanitation Division of the Department af Public Works.
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BE IT FURTHER RESOLVED that the Anaheim City I'lanning Cammission does hereby
find and determine that adoption of this Resolution is expressly predi~ated upon applicanYs compliance
with each and all of the conditians hereinabove set forth. Should any such c~ndition, or any part thereof,
be declared invalid or unenforceable by the final judgment of any court of competent Jurisdiction, then this
Resoiution, and any approvals herein contained, shall bQ deemed null nd void.
THE FOREGOING RESOLUTIONyv;~s a¢Jopte th ~~rfping Commission mesting of
October 12, 1998. ( I~ 1 ~ / I 1
~HAIRPE~2~~N,~NA IM CITY PLAiv;dl(~G COMMISSION
ATTES i : ~~'"~@'
SECRETARY, AHEIM CIIY PLANNING COMMlSSION
STATE OF CALIFORNIA )
COUNTY OF OFtANGE ) ss.
CiTY OF ANAHEIM )
I, AAargarita Solorio, 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 October 12, 1998, by the following vote of the members thereof:
AYES: COMMIBSIOI~ERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, WILLIAMS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIOh~RS: ESPING
IN WITNESS WHEREOF, I have hereunto set my hand this a~~"' day of
~, 1998.
' U.~ ~ol.~ p'-Q.O~
SECRETA , ANAFiEIM CI7Y PLANNING COMMISSION
'3' PC98-165