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Resolution-PC 2014-046RESOLUTION NO. PC2014 -046 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010 -05497 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014- 00020) (3330 WEST LINCOLN AVENUE) WHEREAS, on June 7, 2010 and subject to certain conditions of approval, the Planning Commission of the City of Anaheim ( "Planning Commission "), by its Resolution No. PC2010- 044, approved Conditional Use Permit No. 2010 -05497 to permit a 4,967 square foot church (herein referred to as the "Original CUP ") on that certain real property located at 3330 Lincoln Avenue in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); and WHEREAS, the Original CUP, shall be referred to herein as the "Original CUP ". 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 to permit a pre - school at an existing church facility ( "Proposed Project ") pursuant to Section 18.60.190 of the Anaheim Municipal Code ( "Code "). Said amendment is designated as Conditional Use Permit No. 2010- 05497A; and WHEREAS, the Property is approximately 0.6 acres in size and is developed with a church facility. The Property is located in the General Commercial (C -G) Zone and is subject to the zoning and development standards described in Chapter 18.08 (Commercial Zones) of the Code. The Land Use Element of the Anaheim General Plan designates the Property for General Commercial land uses; and WHEREAS, on June 16, 2014, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2010- 05497A, and to investigate and make findings and recommendations in connection therewith; and 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 Project 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 Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 1 - PC2014 -046 WHEREAS, the 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 Conditional Use Permit No. 2010- 05497A, does find and determine the following facts: 1. The request to permit a pre - school in an existing church is properly one for which a conditional use permit is authorized under subsection .040.0402 of Section 18.08.030 of the Code. 2. The pre - school in an existing church, under the conditions imposed, will not adversely affect the surrounding land uses, or the growth and development of the area in which it is proposed to be located because the pre- school will be compatible with the surrounding residential uses in the area. 3. The size and shape of the site for the church and pre - school is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety because the site can accommodate the parking, traffic flows, and circulation without creating detrimental effects on adjacent properties. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the site is already developed with a church and the pre - school will not increase impacts on the surrounding area. 5. The granting of Conditional Use Permit No. 2010- 05497A under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide an integrated land use that is compatible with the surrounding area. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission as follows: 1. Conditional Use Permit No. 2010- 05497A is hereby approved, thereby amending the Original CUP. 2. Effective upon the effective date of this Resolution, the Previous Conditions of Approval are hereby deleted in their entirety and the conditions of approval attached to this Resolution as Exhibit B and incorporated herein by this reference (the "Revised Conditions of Approval ") are hereby substituted in their place. All references to the conditions of approval for the Original CUP and this Conditional Use Permit No. 2010- 05497A shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B, which shall control and govern the Original CUP as amended by Conditional Use Permit No. 2010- 05497A. 3. The conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, are hereby found to be a necessary prerequisite to the proposed use of the Property under Conditional Use Permit No. 2010- 05497A 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 Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition, (ii) the modification complies with the Code, -2- PC2014 -046 and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 4. Conditional Use Permit No. 2010- 05497A 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 of Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Code. 5. Approval of Conditional Use Permit No. 2010- 05497A constitutes approval of the proposed request only to the extent that it complies with the Zoning Code of the City of Anaheim 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. 6. The 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 16, 2014. 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 resolution of the City Council in the event of an appeal. CHAIR, ANAHEIM CITY PL ING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3 - PC2014 -046 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 June 16, 2014, by the following vote of the members thereof. AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: LIEBERMAN IN WITNESS WHEREOF, I have hereunto set my hand this 16 day of June, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2014 -046 EXHIBIT " A " DEV2014 -00020 APN: 135 - 321 -38 135 - 321 -39 i W LINCOLN AVE 155.00' 0 0 0 0 0 0 co co 155.00' -5- PC2014 -046 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2010-05497A (DEV2014- 00020) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT WITHIN 90 DAYS OFAPPROVAL OF THE PERMIT, OR PRIOR TO OPERATION OF THE PRE - SCHOOL, WHICHEVER OCCURS FIRST 1 A new trash enclosure shall be constructed in a location as shown Public Works on approved plans in conjunction with this permit. The enclosure Department, shall be constructed to the satisfaction of the Public Works Sanitation Division Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. PRIOR TO OPERATION OF THE PRE - SCHOOL 2 Curbs adjacent to the drive aisles shall be painted red to prohibit Public Works parallel parking in the drive aisles. Fire lanes shall be posted with Department, Traffic "No Parking Any Time ". Division 3 The new outdoor playground and parking spaces shall be Planning provided in a location as shown on approved plans in conjunction Department, with this permit. Said improvements shall be constructed to the Planning Services satisfaction of the Planning Department and in accordance with Division approved plans on file with said Department. OPERATIONAL CONDITIONS 4 Planning No required parking area shall be fenced -off or otherwise Department, Code enclosed for outdoor storage uses. Enforcement Division 5 The property shall be permanently maintained in an orderly Planning Department, Code fashion through the provision of regular landscaping maintenance Enforcement and removal of trash or debris. Division 6 Any graffiti painted or marked upon the premises or on any Planning adjacent area under the control of the licensee shall be removed or Department, Code painted over within 24 hours of being applied. Enforcement Division 7 Planning A maximum of twenty children shall be allowed within the pre- Department, Code school facility at any time. Enforcement Division 8 Planning The pre - school shall not operate at the same time as the church Department, Code worship services. Enforcement Division -6- PC2014 -046 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL 9 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 Planning Services building permits for this project, whichever occurs first. Failure Division to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 10 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 Services any and all claims, actions or proceedings brought against Division Indemnitees to attack, review, set aside, void, or annul the 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. 11 The property shall be developed substantially in accordance with Planning plans and specifications submitted to the City of Anaheim by the Department, applicant and which plans are on file with the Planning Planning Services Department and as conditioned herein. Division -7- PC2014 -046