Resolution-PC 98-83RESOLUTION NQ. PC98-83
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DENYING THE REQUEST TO AME~D RESOLUTION NO. PC96-3 ADOPTED
IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 3816
WHEREAS, on January 8, 1996, Conditional Use Permit No. 3816 was granted under
Resolution No. PC96-3 by the Planning Commission to permit a church in an existing office/industriai
building with waiver of the minimum number of parking spaces at '101 East Orangethorpe Avenue; and
WHEREAS, Condition Nos. 5 and 7 of said resolution read as follows:
5. That approval of the church facility does not include child day care or pre-school 2ctivities.
7. That subject property shall be developed substantially in accordance with plans and
specifications submitted to the City o` Anaheim by the petitioner and which plans are on
file.with the Planning Department labeled Exhibit Nos. 1, 2 and 3.
WHEREAS, the property is developed with a church in an office/industrial building (Solid
Rock Foursquare Church of Anaheim) in the ML "Limited Industrial" Zone; and
WHEREAS, Rev. G. Glen Merriman, representing the Solid Rock Foursquare Church of
Anaheim, has requested approval of a pre-school for up to 75 children in conjunction with the existing
church and submitted revised plans, labeled Revision No. 1 of Exhibit Nos. 1 and 2 and showing the
proposed changes to the approved site and floor plans, and that approval of the proposai wouid
necessitate amending Condition Nos. 5 and 7 of Resolution I~o. PC96-3; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on May 27, 1998 at 1:30 p.m., notice of said public hearing having been duly given as
required by law and in accordance with thP provisions of the Anaheim Municipal Code, Chapter 18.03, to
hear and consider evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and
WHEREA~, ~~?~+ ~^„~mission, 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 use, as proposed to be amended, is properly one for which a conditional use
permit is ~uthorized by Anaheim Municipal Code Sections 18.61.050.138 and 18.61.050.140.
2. That the proposed use, including an outdoor children's playground, is not compatible with
the surrounding industrial area where manufacturing, warehousing and distribution facilities have heavy
truck traffic and generate noise, odor, dust and fumes which are not conducive to the health, safety and
well being of young children; and that the proposed playground would be located in close proximity to
certain intensive-use industrial businesses, as discussed in Paragraphs (14) and (15) in the Staff Report
to the Planning Commission dated May 17, 1998.
3. That the proposed use will adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located.
4. That the size and shape of the site proposed for the use is not adequate to allow the full
development of the proposed use in a manne~° not detrimental to the particular area nor to the peace,
health, safety and generai weifare of the Citizens of the City of Anaheim.
CR3298PL.DOC -1- PC98-83
5. That granting of th(s conditional use permit would be detrimental to the young children
who would attend the pre-school and to the peace, I~ealth, safety and general welfare of the Citizens of the
City of Anaheim.
6. 7hat no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMEtJTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to amend certain conditions of approval adopted in
connectio~~ with this conditional use permit to permit a pre-school for up to 75 children in conjunction with
an existing church at 101 East Orangethorpe Avenue (Solid Rock Foursquare Church); and does hereby
find that the Negative Declaration previously approved in connection ~vith Conditional Use Permit No. 3816
is ~ot adequate to serve as the required environr,~ental documentation for this request upon finding that
the declaration reflects the independent judgment of the lead agency and that it has considered the
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 substantial evidence that
the project, as amended, would have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Hnaheim City Planning Commission
does hereby deny subject request to amend Resolution No. PC96-3, adopted in connection with
Conditionai Use Permit, on the basis of the aforementioned findings.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 27, 1998.
`_s'S,,!'ii_-~~_ l~j 7 ~~i
CHAIRPERSON, ANAH IM CIN PLANNING COMMISSION
ATI'EST:
CZ1L.~I.QJt1-~t1 i ti~/(-~d
SECRETARY, AN EIM CITY PLANNING COMMISSION
:3TATE OF CALIFORNIA )
~~OUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certity
that the foregoing resolution was passed and ado~ted at a meeting of the Anaheim City Planning
Commission held on May 27, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BRISTOL, HEtdNINGER, NAPOLES, WILLIAMS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN, PER~.ZA
IN WITNESS WHEREOF, I have hereunto set my hand this C~~ day of
~, 1998. -
~
SECRETAR ANAHEIM CITY PLANNING COMMISSION
-2- PC98-83