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Resolution-PC 99-186RESOLUTION NO. PC99-186 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDlTI~NAL USE PERMIT NO. 3265 FOR A PERIOD OF FIVE (5) YEARS UNTIL APRIL 9, 2004 WHEREAS, on April 9, 1990, Resolution No. PC90-88 was adopted by the Anaheim City Planning Commission to approve Conditional Use Permit No. 3265 and permit ~ church with waiver of minimum number of parking spaces (246 required, a1 proposed) at 1250 North Red Gum Street; and that said Resolution No. PC90-88 includes the following condition of approval: "10. That subject church facility shall be limited to three (3) years duration; and, further, that such church use (other than church office staff use) shall not be permitted on Monday through Friday prior to 6:00 p.m., as specified by Subsection 13.61.050.614 (churches in the Anaheim Canyon Industrial Area) of the Anahzim Municipal Code. Two (2) time extensions (up to three (3) years each) may be permitted subject to the approvai of the Planning Cammission or City Council at a noticed public hearing." WHEREAS, on June 14, 1993, the Planning Commission adopted Resolution No. PC93- 68 to amend Conditian No. 10 and permit the church for an additior~al three years until April 9, 1996; and WHEREAS, on September 12, 1995, the City Council adopted the Northeast Area Specific Plan No. 94-1 for the Canyon Industrial Area, including subject property which is located in Development Area 1"industrial Area"; and that the Zoning Code regulations pertaining to churches in that area were amended concurrently; and WHEREAS, on April 29, 1996, the Planning Commission adopted Resolution No. PC96- 43 to further amend Condition ~10. 10 to read as follows: "10. That subject church faciliry shall be expire on April 9, 1999; and, further, that such church use (other than church office staff use) shall not be permitted on Monday through Friday prior to 6:00 p.m., as specified by Subsection 18.110.050.0511 of the Anaheim iNunicipal Code (pertaining to churches in the Northeast Area Specific Plan):' WHEREAS, this property is developed with The Cornerstone Foursquare Church in a 24,830 sq.ft., 2-story industrial buiiding at 1250 iJorth Red Gum Street; that the property is in Development Area 1"Industriai Area" of the Northeast Area Specific Plan; that the Anaheim General Plan Land Use Element Map designates this property for Ger,eral Industrial uses; and that the property is also located within the Alpha No~lheast Redevelopment Project Area; and church; and WHEREAS, the petitioner has requested a five-year time extension for the existing WHEREAS, the City Planning Commission did hoid a public hearing at the Civic Center in the City of Anaheim on October 25, 1999 at 1:30 p.m., notice of said public hearing having been duly given as required by Iaw and in accordance with the 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 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 properiy one for which a conditional use perrr~~t is authorized by Zoning Code. 2. That the fiacts necessary to support each and every required showing reinstating this conditional use permit, as set forth in the Zoning Code, ~xis!, 3. That this conditional use permit is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved by the approval body. 4. That this conditional use permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare. 5. That reinstating this conditional use permit, including the originally approved parking waiver, for an additional five years is necessary to permit reasonabie operation under the permit as granted. 6. That the proposal will not adversely affect the adjoining land uses and the growth and development of the area in which the church is located because this church, which is located in an industrial area, has demonstrated compatibility with the surrounding area and land uses in that there have been no Code violations or complaints associated with its operation. 7. That the size and shape of the site for the church is adequate to allow fuli development of the use in a manner not detrimentai to the particular area nor to the peace, health, safety and general welfare. 8. That the traffic generated by the church will not impose an undue burden upon the streets and highways designed and improved to carry the tra~c in the area. 9. That granting this reinstatement, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the Ciry of Anaheim. 10. That no one indicated their presen .e at the public hearing in opposition to the proposai; and that no correspondence was received in opposition. CA~IFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Piannir~g Commission has rPViewed the request to reinstate and approve Conditional Use Permit No. 3265, includin~ the parking waiver, which currently contains a time limitation until Aprii 9, 1998, to retain the existing church on a 1.06-acre rectangularly-shaped property having a frontage of 155 feet on the east side of Red ~um Street, a maximum depth of 298 feet, being located 500 feet south of the centerline of Miraloma Avenue, and further described as 1250 North Red Gum Street (The Cornerstone Church); and does hereby find the Negative Declaration previousiy approved in connection with Conditional Use Permit No. 3265 is adequate to serve as the required environmental documentation in connection with the 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 re~~~cw process that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE iT RESOLVED that the Anaheim City Planning Commission does hPreby amend Resolution No. PC90-88, as amended b~~ Resolution Nos. PC93~8 and PC96-43, and adopted in connection With Conditional Use Permit No. 3265, to reinstate arid approve this conditional use permit, inc~uding the parking waive~, and to amend Condition No. 10 therein to read as follows: 10. That subject church facility shali expire five (5) years from the expiration date in Resolution No. 96-43, on April 9, 2a04. onne ~ ua 1 AND BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby add the following new conditions: 18. That the portable awnings located on the west side of the building shall only be used for special events and services. Said awnings may remain up on the weekends provided that there are service:~ andlor special events. 19. That the church hours and ~,ctivities shall be limited. to the following: Sundays: 9 a.m. to 6 p.m. Mondays through Fridays: 8:30 a.m. to 4:30 p.m. Saturdays: 8 a.m. to 11 a.m. THE FOf7EGOING RESOLUTION was adopted at the Planning Commission meeting of October 25, 1999. ~ ~ .../l~-'~.'fiwt/ /~/~~~ CHAIRPERSON, ANAHEIM CITY LANNIIvG COMMISSION ATTEST: o~Jl~ SECRETARY, AHEIM CITY PLANNING COMMISSION STATE OF CAL{FORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) f, Mar~arita 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 25, 1999, by the foilowing vote of the members thereof: AYES: COMMISSIONERS: ARNOLU, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ~/) N WI'FNESS WHEREOF, I have hereunto set my hand this ~' " day of \I U~, 1999. __~/~,~i~J 'oSB~oR-~' SECRET~RY, AN EIM CITY PLANNING CUMMISSION