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Resolution-PC 99-224RESOLUTION NO. PC99-224 A RESOLUTION OF THE ANAHFIM CITY PLANNING COMMISSION AMENDING RESOLUTION NR. 97R-178, AS AMENDED AND AS ADOPTED IN CONNECTION WITH COIVDITIONAL USE PERMIT NO. 3954, AND APPROVING A DAY CARE CENTER FOR TWO (2) `i'EARS UNTIL DECEMBER 20, 2001 WHEREAS, cn September 16, 1997 Resolution No. 97R-178 was adopted by the Anaheim City Council to grant Condi2ional Use Permit No. 3954 and permit a church in an existing 80,500 sq.ft. industrial building at 1111 North Brookhurst Street; and WHEREAS, on January 5, ~1998 Resolution No. PC98-5 was adopted by the Anaheirn City Planning Commission to amend Resolution No. 97R-1 %8 and permit expansion of the proposed church facility by 19,250 sq.ft. to 100,990 sq.ft., approve waivers of minimum landsceped setback adjacent to a freeway right-of-way and maximum structural height, amend certain conditions of approval (i los. 12, 13 and 17), and add two new c~nditions (Nos. 34 and 35); and WHEREAS, on February 2, 1998, Resolution No. PC98-16 was adopted ky the Planning Commission to amend, nunc pro tunc, Condition No. 30 of Resolution .No. 97R-178, as art~ended; and WHEREAS, this property is developed with a 85,616 sq.ft. church faciiiry at 1111 ?Jorth Brookhurst Street (Sa-~ang Ccmmunity Church); that the zoning is ML{BCC) "Limited Industrial - Brookhurst Commercial Corridor Overlay"; that the property is located within the West Anaheim Commercial Corridors Redevelopment Project Area and the Northwest Anaheim Community Planning Area; ard that the Anaheim Generai Plan Land l;se Element designates the property for General Industriat land uses; and WHEREAS, the petitioner requests an amendment to Conditionai Use Permit No. 3854 under auth~~riYy of Code Sections 18.03.092.060, 18.61.050.138 and 18.61.050.140 to expand the previously-~~pproved church to inciude a 2-story, 7,600 sq.ft. day care center, to modify the conditions of approval pertaining to hours of operation, to add lighting on the existing 85-foot high steeple, and waivers of the foilowing to construct a freeway-oriented sign, and to permit and retain an existing freestanding sign on Brookhurst Street: (a) Sections 18.05.093.010 - Maximum number of freestandina sians. and 18.61.067 1 si n permitted per 600 feet or less of street frontage; 2 siqns proposed on 420-foot frant~ge along Brookhurst Street) (b) Sections 18.05.093.020 - Maximum area of freestandina siqn. and 18.61.067 (65 s°•ft• permitted; 1Q5 sa•ft• proposed) (c) Sections 18.05.093.030 - Permitted location of freestandina siqn. and 18.61.067 (Minimum 120 foot setback from the north property line required; 100 feet existing and proposed) (d) Sections 18.05.093.040 - Minimum distance between freestandina sians. and 18.61.067 (300 feet required; 15 feet existing and proposed) (e) Sections 18.05.093.050 - Maximum heiaht of freestandinq siqns. and 18.61. 067 (8 feet permitted; 42 feet proposed) (~ Sections 18.05.093.060 - Maximum sian width. and 18.61.067 10 feet permitted, 16 feet proposed) CR3844PK.DOC -1- pC99-7.24 ~ (g) Sections 18.05.095 - Permitt~d frsewav-oriented syns. and 18.61.067 (fireeway-oriented signs not permitted for churches; freeway-oriented church sign proposed) WHEREAS, the City Pianning Commission di~1 holr.l a public hearing at the Civic Center in the City of Anaheim on December 20, 1999, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and that the hearing was continued from the meetings of November 8 and November 22, 1999; and WHEREAS, said Cornmission, after due inspection, investigation and study made by itself and in its behaif, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed day care center in connection with a church in the ML(BCC) zone is a use for which a conditional use permit is authorized by the Anaheim Municipal Code. 2. That waivers (a) maximum number of freestanding signs, (c) pe~mitted location of freestanding signs and (d) minimum distance between freestanding signs pertain to the two existing signs on Brookhurst Street and are hereby denied on the basis that there are no special circumstances applicabie to the praperty such as size, shape, location or surroundings which justify the second freestanding sign located in close proximity to the permitted freestanding sign; and that the church already has adequate identification on Brookhurst Street with said existing monument sign. 3. That waivers (b) maximum area of freestanding signs, (e) maximum height of freestanding signs, (fl maximum sign width and (g) permitted freeway-orientsd signs pertain to the proposed freeway- oriented sign and are hereby denied on the basis that churches are not permitted to have freeway- oriented signs. 4. That due to the weekday hours of the d~y care center, whlch will not conflict with the peak church activities on Sundays, this use will not impose an undue burden upon the nearby streets and highways nor be detrimental to the peace, health, sa`ety and general welfare of th~ citizer,s of the City of Anaheim; and that the outdoor play area is in a location that will not adversely impact nearby residential properties. 5. That the proposed use, as approved, wiil not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 6. That the size and shape of the site for the proposed use,'as approved, is adequate to allow fuil development of the proposal in a manner not detrimental to the particular area nor to the peace, h.ealth, safety and general weifare. 7. That the traffic generated by the proposed use, as approved, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 8. That amending this conditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 9. That six concerned people spoke at the public hearing; and that no correspondence was received in opposition to the proposal. -2- PC99-224 CALI~ORNIA ENVIRONMENTAi. QUALITY ACT FINdING: That the Anaheim City planning Commission has reviewed the proposal to expand the previousty-approved church to include a 2-story, 7,600 sq.ft. day care center, to modify the conditions of approval pertaining to hours of operation, to add lighting on the existing 85-foot high steeple, and for waivers ofi (a) maximum number of freestanding signs, (b) maximum area of freestanding sign, (c) permitted location of freestanding sign, (d) minimum distance between freestanding signs, (e) maximum height of freestanding signs, (~ maximum sign width and (g) permitted freeway-oriented signs to construct a freeway-oriented sign, and to permit and retain an existing freestanding sign on Brookhurst Street; and does hereb~ find that the Mitigated Negative Declaration, including the associated Mitigation Monitoring Plan No. 101, pre•;iousiy approved in connection with Conditional Use Permit No. 3954 is adequate !o serve as the required environmentai 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 ihat 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 hereby deny ali the proposed waivers (a), (b), (c), (d), (e), (fl and (g; (pertaining to maximum number of freestanding signs, maximum area of f; eestanding signs, permitted location of freestanding signs, minimum distance between freestanding signs, maximum height of freestanding signs, maximum sign width and permitted freeway-oriented signs), thereby denying the proposed freeway-oriented sign and denying retention of one of the two existing freestanding signs on Brookhurst Street; and BE !T FURTHER RESOLVED that the Planning Commission does hereby amend Resolution No. 97R-178, adopted in connection wiEh Conditional Use Permit No. 3954 and subsequently amended, under authority of Cude Sections 18.03.092.060, 18.61.050.138 and 18.61.050.140 to permit a two-story, 7,600 sq.ft. day care center in connection with the previously-approved church for a period of two (2) years, to expire on December 31, 2001; and BE IT FURTHER RESOLVED that the Plannfng Commfssion does further amend said Resolution No. 97R-178, to permit lighting of the existing 85-foot high steeple; and BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does h~reby amend the following condit(ons of said Resolution No. 97R-178, as amended, to read as follow~• 16. That ths hours for this church facility shail be limited to the following: ~hurch: Sunday: 8 a.m. to 5 p.m. Monday - Friday: 5 a.m. to 7 a.m. Saturday: 6 a.m. to 9 p.m. O~ce: Sunday: 8 a.m. to 6 p.m. Monday - Friday: 8 a.m. to 5 p.m. Saturday: 8 a.m. to 8 p.m. Sunday school: Sunday: 8 a.m. to 2 p.m. Saturday: 8 a.m. to 4 p.m. Day care center Monday - Friday: 7 a.m, to 6 p.m. Meeting rooms: Sunday: 8 a.m. to 6 p.m. Monday - 5aturday: 6 p.m. to 10 p.m. -3- PC99-224 Gymnasium: Sunday: 10 a.m. to 8 p.m. Monday - Friday: 3 p.m. to 9 p.n~. Saturday: 9 a.m. to 9 p.m. Special events 7 days a year. until 10 p.m. Open north driveway: Sunday: 8 a.m, to 8 p.m. Monday - Friday: 9 a.m. to 9 p.m. All activities shall cease within the time limitations listed above, and all cleanup activities conducted by staff members in connection with those activities shall not extend beyond 10:00 p.m. 20. (a) That this conditionai use permit does not include approval of a school with the exception of Sunday School. (b) That the child care portion of this conditional use permit shali expire one (2) years from the date of this resolution, on December 20, 2001. 30. That subject property shall be developed substan!ially in accordance with pians and specifications submitted to the Ciry of Anaheim by the petitioner and which plans are on file with the Planning Deparment marked Revision No. 2 of Exhibit Nos. 1, 2 and 3, and Exhibit Nos. 4, 5, 6, 7, 8 and 9, and as conditioned herein. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby add the following new conditions: 36. That within a period of two (2) months from the date of this resolution, the existing un- permitted engraved sign on the boulder structure near Brookhurst Street shail be removed. 37. That no windows shall be installed on the north building elevation of the new day care building extension; and that plans shall be submitted to the Zoning Division for review and approval by the Planning Commission as a"Reports and Recommendations" item. 38. That within a period of two (2) months from the date af this resolution, the property owner shall submit a letter requesting termination of Variance No. 793 (to construct a two-story industrial building containing administrative and sales offices, classrooms, an auditorium, and a cafeteria) to the Zoning Division. 39. That within a period of two (2) months from the date of this resolution, the existfng manhole covers located in the driveway on north side of the gymnasium shall be fastened and secured so as not to generate noise which would be audible to the adjacent single family homes to the noRh. 40. That the wrought iron gate at the north side of the day care center, which provides access to the rear parking lot, shail remain closed between the hours of 6 p.m. and S a.m., except on days for which Special Event permits have been issued; and that a"knox box" shall be provided for said gate to allow Fire Department andlor other emergency access. Pr(or to issuance of a building permit, plans for said gate shall be submitted to the Traffic and Transportation Manager for review and approval. -4- PC99-224 41. That the most northerly driveway on Brookhurst Street shall only be open from 9 a.m, to 9 p.m., Mondays through Frldays, and from 8 a.m. to 8 p,m. on Saturdays end Sundays. The method of closing this driveway shall be reviewed and approved by the Ci~,r Traffic and Transportatlon Manager. 42. That the day care center shal~ be limited to one hundred fifty (150) chiidren with hou~s of operation from 7 a.m. to 6 p.m., Mondays through Fridays, and shall be limited to the area shown on Revision No. 2 0! Exhioit No. 1. 43. That the IocaUon and design of the drop-off/pick-up area for the day care facility shall be reviewed and approved by the City Traffic and Transportatlon Manager. 44. That lighting of the steepte shall be a white or muted color neon tube or fntemaf lighting an~ shall not cause any glare that will disturb thp residents to the north; and that a lightlng study (i.e., night dme test) shall be conducted to assure that the lighting will not reflect or glare towards the residenNal neighborhood to the north. 45. That Special Events shall be conducted entirety indoors. 7HE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 20, 1999. ~.C,~ ~c~,'~(',r.~t~ CHAIRPERSON, ANAHEIM CITY IANNING COMMISSION ATTEST: ~~(;~~~,~~~ ~o/~ ~ SECRETARY, AHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF AiVAHEIM ) I, Margarita Solorio, Secretary of the Anahe(m Cfty Plann(ng Commission, do hareby certify that the foregoing resolutfon was passed and adopted at a meeting of the Anaheim Ciry Plann(ng Commission held on December 20, 1999, by the following vote of the members thereoE AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: lVONE ABSENT: COMMISSIONERS: ARNOLD IN WITNF_SS WHEREOF, I have hereunto set my hand this ~~ day of ^ ~ IM~~ 2000. ~ ~0~ SECRETAR , ANAHEIM CITY PLANNING COMMISSION -5- PC98-224