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Resolution-PC 2013-080RESOLUTION NO. PC2013 -080 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3154 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00047) (3700 WEST ORANGE AVENUE) WHEREAS, on August 30, 1960, the Anaheim City Council (hereinafter referred to as the "City Council "), by its Resolution No. 6252, did approve a request to permit a church on that certain real property located at 3700 West Orange Avenue in the City of Anaheim, generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); and WHEREAS, on February 22, 1971, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission ") by its Resolution No. PC71 -32 did approve Variance No. 2235 to permit a two -story building to be constructed on the Property; and WHEREAS, on May 8, 1989, and subject to certain conditions of approval, the Planning Commission, by its Resolution No. PC89 -130, did approve Conditional Use Permit No. 3154 (herein referred to as the "Original CUP ") to permit the construction of two classrooms, a choir room and an office on the Property; and WHEREAS, the conditions of approval which were the subject of the Original CUP shall be referred to herein collectively as the 'Previous Conditions of Approval "; and WHEREAS, the Planning Commission did receive a verified Petition to amend the Original CUP (herein referred to as "Conditional Use Permit No. 3154A "), pursuant to Section 18.60.190 of the Anaheim Municipal Code (the "Code "), to permit modular classrooms; and WHEREAS, this Property is currently developed with a church, fellowship hall, offices and classrooms which is now proposed to permit modular classrooms. It is located in the Transition (T) Zone and the Anaheim General Plan designates this Property for Residential Low - Medium Density land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 4, 2013, 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 Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against said proposed amendment to the Original CUP and to investigate and make findings and recommendations in connection therewith; and - 1 - PC2013 -080 WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission finds and determines that the proposed amendment to the Original CUP (i.e., Conditional Use Permit No. 3154A) is within that class of projects which consist of the repair, maintenance, and /or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the proposed amendment to the Original CUP will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; 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 pertaining to the request for an amendment to the Original CUP, does find and determine the following facts: 1. The request to amend a conditional use permit to allow modular classrooms is properly one for which a conditional use permit is authorized, subject to conditions of approval. 2. The request to amend the conditional use permit would not adversely affect the surrounding land uses and the growth and development of the area because church services and related activities currently occur on the Property and the addition of modular classrooms does not intensify the current use of the Property. Further, the existing use has proven to be compatible with surrounding land uses within the area. 3. The size and shape of the Property is adequate to allow the full operation of the existing church, including the modular classrooms, because the modular classrooms would not intensify the existing use. Church services and related activities currently occur on the Property in a manner not detrimental to the particular area or to the health, safety and general welfare. Further, a parking agreement has been secured for 40 parking spaces to allow overflow parking on the Orangeview Junior High School parking lot when necessary; 4. The traffic generated by the use is negligible and would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. No significant intensification of church activity is associated with the use modular classrooms. These modular classrooms provide additional classroom area for those persons already attending church services and related activities. 5. Amending Conditional Use Permit No. 3154 under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the use continues to be compatible with the surrounding area. The modular classrooms provide additional area for church - related activities that currently occur on the Property. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission, for the reasons hereinabove stated, that Conditional Use Permit No. 3154A is hereby approved, which will permit modular classrooms on the Property, subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein 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 safety and general welfare of the citizens of the City of Anaheim. -2- PC2013 -080 BE IT FURTHER RESOLVED that the conditions of approval attached to this Resolution as Exhibit B amend the Previous Conditions of Approval and hereby replace the Previous Conditions of Approval in their entirety and, therefore, reflect the amendment and restatement of the Prior Conditions of Approval and the conditions of approval attached to this Resolution as Exhibit B shall control and govern the Property. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the 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 approval of Conditional Use Permit No. 3154A constitutes approval of the proposed request only to the extent that it complies with the 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 4, 2013. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. �•� JP CHAIR, ANAHEIM CITY PLANN G COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3 - PC2013 -080 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 November 4, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 4`" day of November, 2013. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2013 -080 EXHIBIT " A " DEV NO. 2013 -00047 1 APN: 134- 461 -38 A A N E{ 1 W ORANGE AVE 232' A KI W SOLANO c N N 232' 'd > d d � N F z z W MUNGALL DR W CA M'PESINA p z z Z) O ° v ° Source: Recorded Tract Maps and /or City GIS. �J re Please note the accuracy is +/- two to five feet. -5 - PC2013 -080 EXHIBIT "B" AMENDMENT TO CONDITIONAL USE PERMIT NO. 3154 (CONDITIONAL USE PERMIT NO. 3154A) (DEV2013- 00047) NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY GENERAL CONDITIONS 1 Within 60 days of approval of this CUP Amendment, a Shared Planning Parking Permit for off -site parking at the Orangeview Junior High Department, School shall be obtained in conformance with the provisions of Planning Zoning Code Section 18.42.120. This Shared Parking Permit Services shall be maintained as long as the Code required number of Division parking spaces cannot be maintained on the church site. The number of shared parking spaces authorized for use under Shared Parking Permit shall ensure that the Code - required minimum number of parking spaces necessary to support the church is maintained on Sundays. 2 Within 60 days of approval of this CUP Amendment, the modular Planning trailers shall be painted a neutral color in order to blend with the Department, existing buildings on -site. Code Enforcement Division 3 The modular trailers shall only be utilized as an accessory use to Planning the church. Department, Code Enforcement Division 4 This church facility shall not include any child day care or pre- Planning school activities, except during church services. Department, Code Enforcement Division 5 No outdoor uses and /or assembly or outdoor storage shall occur Planning on the property. Department, Code Enforcement Division 6 The property shall be permanently maintained in an orderly Planning fashion through the provision of regular landscaping maintenance, Department, removal of trash or debris, and removal of graffiti within twenty Code four (24) hours from time of occurrence. Enforcement Division -6- PC2013 -080 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY 7 No required parking area shall be fenced or otherwise enclosed Planning for outdoor storage. Department, Code Enforcement Division 8 The applicant is responsible for paying all charges related to the Planning processing of this discretionary case application within 30 days of Department, the issuance of the final invoice or prior to the issuance of building Planning permits for this project, whichever occurs first. Failure to pay all Services charges shall result in delays in the issuance of required permits or Division may result in the revocation of the approval of this application. 9 The Applicant shall defend, indemnify, and hold harmless the Planning City and its officials, officers, employees and agents (collectively Department, referred to individually and collectively as "Indemnitees ") from Planning any and all claims, actions or proceedings brought against Services Indemnitees to attack, review, set aside, void, or annul the Division decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and /or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 10 The property shall be developed substantially in accordance with Planning plans and specifications submitted to and reviewed by the City of Department, Anaheim and which plans are on file with the Planning Planning Department and as conditioned herein. Services Division -7- PC2013 -080