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Resolution-PC 98-5RESOLUTION NO. PC98-5 A RES ME ~DING CERTA N GONIDITI NS FNAP'PROVAL pIF SIOy RESOLUTION NO. 97R-178 ADOPTEU IN CONNECTION WITH ~ CONDITIONAL USE PERMIT NO. 3954 WHEREAS, on Seplember 16, 1997, the Anaheim City Council adopted Resolution No. 97R-178 to approve Conditional Use Permit No. 3954 and permit a church facility, including an 85-foot high steepie, with;n an existing 80,500 sq. ft. indust~ial building; ~5 developedo~ion of the p opertyswas recenliy acquhed by WHEREAS, the propeAy ' (Limited Industrial) 7_one; and that ihe soulhwesterly w~dening project. CalTrans in connection with the I-5/Santa Ana Freeway ~ a roved conditionai use ro osed WIiEREAS, the petitioner proposes amending the previou, y p permit under auth9~250 sq.Cft~ fosa ttotal of $00 990 sq.0 .aand1wi h1wa50ers oftthe followi g e P P chur~h facility by 1 , Section 18.61.063.012 - Minimum landsca ed setback ad'acen t to a f r e e w a (a} ri ht-of-wa • osed) 10 feet required; 5- to_ 1_ 4•feet prop ~b~ Section 1_ 8•_04~~42 - Minimum setback of institutional.uses adi~ t0 a residential zone bouncl~. ~~~ Sectio_ n ~ 8•6~ •~63.020 Maximum structural heiQht. qL2 f_eet permitted ad}acent to residential zoning; 49 feet proposed adjacent to RS-7200 zoning to the norlh) Commission did hold a public hearing at the Civi~been d ly WFIEREAS, the City Planning m,~ notice of said public hearing having the City of Anaheim on January 5, i998, at 1:3~ P• given as required by !aw and in accordancE with ta nstrsaid'proposed amendmentuand toiinvestigate and 18.03, to hear and consider evidence tor an~ ag ~ ~th; make findings and recommendations in connection therew~ and WHEREAS, said Commission, after due inspection, investic~ation and study made by itself and in its behalf, an e fotllow ng factsderation of aii evidence and reports offered at said hearing, does find and determine th the prop ublic notice advertising osed amendrr.ent inadvertenlly ~, That the P ft. instead of 19,250 sq. ft., and the total square footage of identified the church expansionft in tead o ft00,990 sq. ft.; the entire facility as 99,750 sq. 2, T ha l t h e p r o p o s e d m odifications, inciuding the imposition of additional conditions, is reasonably necessary to protect the public peace, hea l t h, s a f e l y o r g e n e r a l welfare, and necessary to permit reasonable operation under the conditional use permit, as originaily granted; Thal waivers 'a) and (c) are hereby approved because there are Swh~ch 3' consisting of its size, shape, location and surroundings, licable to the property e~~es in the vicinity because a portion of the property has circumsta~~ces app' Widening projecl; do not apaly to other identically zoned prop been acc;~~red by CalTrans in connaction with the I-51Santa Ana Freeway of rivileges ,~, That strict app~icatio~ of the Zoning Code deprives the prope~ty P enjoyed by other propeAies under identical zoning classificalion in the vicinity; PC98-5 -1- CR3151 PL.DOC - ~ - .~~~ 5. That waiver (b) is hereby denied because it was deleted foliowing public notification; 6. That the proposed use, as modified, is properly one fior which a conditional use permit is authorized by the Zoning Code; and that the church will be accessible and beneficial fo nearby residential uses and will provide a community gathering place; 7. That the proposed use, as modified, will not adversely affect the adjoining land uses and the grov~th and development of the area in which it is proposed to be located; and ihat, due to ;he property's location between the residential uses and the freeway, the church is a more viabie land use 4han industriai uses which are permitted by the underlying zoning; 8. That the size and shape of the site for the proposed use, as modified, is adequate to allow the full development of ihe p~nposed use in a manner not detrimental to the f zrticu;ar area nor to the peace, health, safety, and c~enerai weifare; 9. Tl~at the traffic generated by the proposed use, as modified, will not impose an undue biarden upon the streets and highways designed and improved to carry the traffic in the area; 10. That the granting of the conditional use permit, as modified and under the conditions imposed, will not be detrimental to the peace, healih, safety and general weifare of the citizens of the City of Anaheim; and 11. That no one indicated their presence at said public hearing in opposition; and there was correspondence that was received in opposition to the s~ibject petition. CALIFORNIA ENVIRONMENTAL QUALI"fY ACT 1'INDING: That the Anaheim City Planning Commission has reviewed the proposai to er.pand a previousiy-approved church facility to include an additionai 19,250 sq. ft., for a total of 10U,990 sq, ft., with waivers of minimum landscaped setback adjacent to a freeway right-of-way, :~~inimum setback of institutional uses adjacent to a residential zone boundary and maximum structural height; and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 3954 is adequate to serve as the required env:ronmental 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 ihe environment. NOW THEREFORE BE IT RESOLVED that the Anaheim Planning Commission does hereby amend Resolution No. 97R-178, adopted in connection with Conditional Use Permit No. 3954, as foliows: (i) That the conditional use permit, under authority of Code Sections 18.03.092.060 and 18.61.050.140, is for an expanded church facility totaling 100,990 sq. ft., with the following two waivers: Section 18.61.063.012 - Minimum iandscaqed setback adiacent to a freewav riqht-of- way. 10 feet required; 5- to 10•feet proposed) Section 18.61.~J63.020 Maximum structural heiqht. 42 feet permitted adjacent to residential zoning; 49 feet proposed adjacent to RS-7200 zoning to the north) -2- PC98-5 (ii) That Condition Nos. 12, 13 and 17 are amended to read: 12. That a minimum of six hundred forty two (642) parking spaces shall be maintained at all times. 13. That prior to commer~cement of major construction, a concrete block wall with a minimum height of eight (8) feet, as measured from the highest adjacent grade, shall be constructed along the north and west property lines. Approval of an Administrative Adjustment (to permit a fence height exceeding six (6) feet) shall be obtained from the Zoning Administrator prior to construction of said block wall. 17. That no windows shall be installed in the north or west building walls; and ihat any door(s) located in the north wall shall be used for emergency exiting purposes only. Said information shall be specified on pians submitted for building permits. (iii) That the following new conditions are added: 34. That minimum fifteen (15) gallon sized broad-headed trees, planted on maximum twenty (20) foot centers with appropriate irrigation facilities, shall be planted and maintained adjacent to the norih property line. Said information shall be specified on plans subrnitted for building permits. 35. That the trash enciosures shall be relocated away from the residential areas to the north and west. 'rHE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 5, 1998. ~ ~~~/ ~~,~..~-~c-'P %~I_3-;~:~ .li.-s~ ~ CHAIRPERSON, ANAHEINfCITY PLANNING COMMISSION ATTEST: SECRETARY, AHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim Gity Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on Jsnuary 5, 1998, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTINICK, BOYDSTUN, SRISTOL, HENNINGER, NAPOLES, PERAZA NOES: COMMISSIONERS: NONE ABSEPIT: COMMISSIONERS: MAYER IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of , 1998. , <~~ SECRETARY NAHEIM CITY PLANNING COMMISSI~P~ -3- PC98-5