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Resolution-PC 2011-069RESOLUTION NO. PC2011 -069 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 11 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 1993 (TRACKING NOS. CUP1993A, DEV2011- 00078) (1000 SOUTH STATE COLT.EGE BOULEVARD) WHEREAS. on August 20, 1970, the Anaheim City Planning Commission (hereinafter referred to as "Planning Commission "), by its Resolution No. PC70 -143, did approve Conditional Use Permit No. 1193 to establish a church facility for that certain real property located at 1000 South State College Boulevard in the City of Anaheim, County of Orange, State of California, as more particularly shown on Exhibit "A ", attached hereto and incorporated herein by this reference; and WHEREAS, on June 18, 1979, the Planning Commission, by its Resolution No. PC79 -120, did approve Conditional Use Penult No. 1993 to permit a day care facility in conjunction with an existing church facility; and WHEREAS, the Planning Commission did receive a verified Petition for an amendment to Conditional Use Permit No. 1993, designated as Conditional Use Permit 1993A, to amend said conditional use permit to construct a new monument sign with an electronic readerboard display in conjunction with the church facility; and WHEREAS, this property is developed with a church facility and recreational fields located in the T (Transition) Zone and the Anaheim General Plan designates the property for Low Medium Density Residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 26, 2011, at 5:00 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 18.60, to hear and consider evidence for and against said proposed amendment to Conditional Use Permit No. 1993 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Planning 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 with respect to the request for a conditional use permit, does find and . determine the following facts: 1. The applicant's proposal to construct an electronic readerboard sign in the T (Transition) Zone is properly one for which a conditional use permit is authorized under Code Section 18.44.050.010.0101.08 of the Anaheim Municipal Code. 1 PC2011 -069 2. The existing church facility has demonstrated compatibility with the surrounding area and the addition of an electronic readerboard sign will not adversely affect the adjoining land uses or the growth and development of the area in which it is currently located because the nearest condominium building is located approximately 150 feet to the north on State College Boulevard. The proposed sign will not be visible from the closest condominium building to the north because the residence is located in a one story building and is screened behind a 6 -foot high block wall. 3. The size and shape of the site for the use is adequate to allow the full development of the church facility with an electronic readerboard sign in a manner not detrimental to the particular area or to the health and safety. 4. The traffic generated by the request will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of vehicles entering and exiting the site is consistent with the existing church facility. 5. The granting of the conditional use permit will not be detrimental to the health and safety of the citizens of the City of Anaheim. The church has operated in this location since 1970 and has proven to be a compatible use in the area. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Class 11 (Accessory Structures) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW THEREFORE BE IT RESOLVED that the Planning Commission, for the reasons hereinabove stated does hereby approve the amendment to Conditional Use Permit No. 1993, designated as Conditional Use Permit No. 1993A. BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No. PC79 -120, approving Conditional Use Permit No. 1993, to read as stated in Exhibit `B" attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED, that this conditional use permit is approved without limitations on the duration of the use. - 2 - PC2011 -069 BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that, except as expressly amended herein, the provisions of Resolution No. PC79 -120, approving Conditional Use Permit No. 1993, shall remain if full force and effect. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 26, 2011. ATTEST: ti L t (� CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION SENIOR S " TARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2011 -069 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior 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 September 26, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AMENT IN WITNESS WHEREOF, I have hereunto set my hand this 26 day of Septernber, 2011. SENIOR SEC ARY, ANAHEIM CITY PLANNING COMMISSION - 4 PC2011 -069 EXHIBIT "A" DEV NO. 2011 -00078 IAPN: 253 - 181 -42 so I 0 11 Sfl 1011 w cra 0 0 E FIGWOOD LN Elm ol= NNW 111 SADDLEWOOD LN 398.07' N CID 294.17' w w a 1 1 1 - j 1 1 E WAGNER AVE E NORMAN PL NNW 1 0 u 0 ✓ I O 0 0 0 a U4 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. - 5 PC2011.069 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL 1 The electronic readerboard display panel shall not be illuminated between 12 a.m. and 6 a.m. seven days a week. The remaining portions of the sign may be illuminated at all times. Planning, Code Enforcement H The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2 (Sign Plans), and as conditioned herein. Planning EXHIBIT `B" CONDITIONAL USE PERMIT NO. 1993A (DEV2011- 00078) 6 - PC2011 -069