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Resolution-PC 2014-050RESOLUTION NO. PC2014 -050 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO, 3693 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00027) (10 11 NORTH HARBOR BOULEVARD) WHEREAS, on August 16, 1994, the Anaheim City Council adopted Resolution No. 94R -207 to approve Conditional Use Permit No. 3693 for three (3) years, to expire on June 27, 1997, to permit a church including on -site food collection, distribution and storage facilities in conjunction with church - related activities with a waiver of the minimum number of required parking spaces (herein referred to as the "Original CUP ") on that certain real property located at 1011 North Harbor Boulevard 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, on August 18, 1997, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission ") adopted Resolution No. PC97 -120 to amend the conditions of approval of Resolution No. 94R -207 and reinstate Conditional Use Permit No. 3693 for an additional three (3) years, to expire on June 27, 2000; and WHEREAS, on June 19, 2000, the Planning Commission adopted Resolution No. PC2000 -82 to amend, in their entirety, the conditions of approval of Resolution Nos. 94R -207 and PC97 -120 and reinstated and removed the time limitation of Conditional Use Permit No. 3693; and WHEREAS, on September 17, 2007, the Planning Commission adopted Resolution No. PC2007 -109 to amend, in their entirety, the conditions of approval of Resolution No. PC2000 -82 to amend exhibits to permit the interior expansion of an existing church, adding approximately 1,300 square feet of assembly area and 1,500 square feet of office use; and WHEREAS, the Original CUP, together with the aforementioned amendments thereto, shall be referred to herein collectively as the "CUP ". The conditions of approval which were the subject of the Original CUP, as amended by the aforementioned amendments thereto, shall be referred to herein collectively as the "Previous Conditions of Approval "; and WHEREAS, pursuant to Section 18.60.190 of the Anaheim Municipal Code ( "Code "), the applicant filed a petition to amend the CUP to permit a private school and an interior expansion to the mezzanine, adding approximately 1,500 square feet of classroom, game room, office and staff lounge area to an existing church (herein referred to as the "Proposed Project "). Said amendment is designated as Conditional Use Permit No. 3693A; and WHEREAS, this Property is approximately 0.76 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 - 1 - PC2014 -050 WHEREAS, on June 30, 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. 3693A, 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 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. 3693A, does find and determine the following facts: 1. The request to permit a private 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 private school and associated interior improvements 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 private school will be compatible with the surrounding residential uses in the area. 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 and school because no exterior expansion of the building is proposed. 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, there is adequate parking to support the church and school, provided that they operate at different hours in accordance with a plan of operation submitted by the applicant with its application to amend the CUP. 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 addition of the private school. The additional classrooms for the school are for those persons already attending church services and related activities. 5. The granting of Conditional Use Permit No. 3693A 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. -2- PC2014 -050 WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission, for the reasons hereinabove stated, that Conditional Use Permit No. 3693A is hereby approved, thereby amending the CUP, which approval is contingent upon and 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. 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, 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. 3693A 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. -3- PC2014 -050 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 30, 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 City Council Resolution in the event of an appeal. � k /' bacA k-4 CHAIR, PLANNING COMMI ION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on June 30, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: PERSAUD IN WITNESS WHEREOF, I have hereunto set my hand this 30 day of June, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2014 -050 EXHIBIT " A " DEV2013 -00027 1 APN: 271 - 082 -25 W JULIANNA ST W LA PALMA AVE goo Feeee t Source: Recorded Tract Maps and /or City GI& Please note the accuracy is +/- two to five feet- -5- PC2014 -050 EXHIBIT "B" AMENDMENT TO CONDITIONAL USE PERMIT NO. 3693 (CONDITIONAL USE PERMIT NO. 3693A) (DEV2013- 00027) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT WITHIN 60 DAYS OF APPROVAL OF THE PERMIT 1 The applicant has entered into a Lease Agreement with the City Planning Department, of Fullerton ( "Fullerton "), whereby Fullerton agreed to lease Planning Services land commonly known as 627 West La Palma Avenue to the Division applicant for the construction and use of a parking lot for the Property. Pursuant to the Lease Agreement, approximately 76 parking spaces exist and are available on Fullerton's land for the use of the applicant. Within sixty (60) days following the approval of Conditional Use Permit No. 3693A, the applicant shall cause to be recorded in the Official Records of the County of Orange a memorandum of lease, or such other document as the City Attorney finds satisfactory, that evidences the aforementioned Lease Agreement. A recorded copy of said memorandum shall be filed with the Planning Division within 90 days. 2 The walls of the trash storage areas shall be protected from Planning Department, graffiti opportunities by the use of plant materials such as Planning Services minimum one - gallon size clinging vines planted on minimum Division three -foot centers. OPERATIONAL CONDITIONS 3 In order to ensure an adequate parking supply, the private Planning Department, school shall not operate at the same time as the church worship Planning Services services. Division 4 The church must have a minimum of 108 off - street parking Planning Department, spaces available for their use. Should the aforementioned Lease Planning Services Agreement with Fullerton expire or otherwise be terminated, Division alternate off - street parking must be provided in compliance with Sections 18.42.050 (Location of Parking and Shared Parking Arrangements) and 18.42.120 (Shared Parking Permits) of the Code. 5 No required parking area shall be fenced -off or otherwise Planning Department, enclosed for outdoor storage uses. Code Enforcement Division -6- PC2014 -050 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 6 The Property shall be permanently maintained in an orderly Planning Department, fashion through the provision of regular landscaping Code Enforcement maintenance and removal of trash or debris. Division 7 Any tree planted on -site shall be replaced in a timely manner in Planning Department, the event that it is removed, damaged, diseased and /or dead. Code Enforcement Division 8 Any graffiti painted or marked upon the premises or on any Planning Department, adjacent area under the control of the licensee shall be removed Code Enforcement or painted over within 24 hours of being applied. Division GENERAL CONDITIONS 9 The subject Property shall be developed substantially in Planning Department, accordance with plans and specifications submitted to the City Planning Services of Anaheim by the petitioner and which plans are on file with Division the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 10 The Applicant shall defend, indemnify, and hold harmless the Planning Department, City and its officials, officers, employees and agents Planning Services (collectively referred to individually and collectively as Division "Indemnitees ") from any and all claims, actions or proceedings brought against 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 applicant is responsible for paying all charges related to the Planning Department, processing of this discretionary case application within 30 days Planning Services of the issuance of the final invoice or prior to the issuance of Division building permits for this project, whichever occurs first. Failure 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. -7- PC2014 -050