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Resolution-PC 2014-063RESOLUTION NO. PC2014 -063 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 61 AND VARIANCE NO. 2014 -04973 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00015) (1853 WEST ORANGE AVENUE) WHEREAS, on February 15, 1960, the Anaheim Planning Commission adopted Resolution No. 173 to approve Conditional Use Permit No. 61 to expand a church facility (herein referred to as the "Original CUP ") on that certain real property located at 1853 West Orange 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 Planning Commission of the City of Anaheim (the "Planning Commission ") did receive a verified petition for an amendment to Conditional Use Permit No. 61 and Variance No. 2014 - 04973, for that certain real property located at 1853 West Orange Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); and WHEREAS, pursuant to Section 18.60.190 of the Anaheim Municipal Code ( "Code "), the applicant filed a petition to amend the CUP to revise the parking lot layout and allow fewer parking spaces than required by code for an existing church (herein referred to as the "Proposed Project "). A .39 acre portion of the church property is being designated for use by a proposed adjacent 37 -unit residential project. This reduction in land area requires a revised parking lot layout and reduces the total number of parking spaces. Said amendment is designated as Conditional Use Permit No. 61A; and WHEREAS, the Property is currently developed with a church on approximately 1. 15 acres and is located in the "T" (Transition) Zone. The Anaheim General Plan designates this Property for Low Density Residential land uses; and WHEREAS, an amendment to Conditional Use Permit No. 61 is proposed in conjunction with Variance No. 2014 - 04973. The development comprising the aforementioned development cases shall be referred to herein as the "Proposed Project'; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA ") , the State of California Guidelines for the Implementation of the California Environmental Quality Act (the "CEQA Guidelines "), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and - 1 - PC2014 -063 WHEREAS, a draft Mitigated Negative Declaration was prepared in accordance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual to evaluate the physical environmental impacts of the Proposed Project. The Mitigated Negative Declaration was circulated for a 30 -day public /responsible agency review on July 7, 2014. A complete copy of the Mitigated Negative Declaration is on file and can be viewed in the Planning Division of the City. Copies of said document are also available for purchase; and WHEREAS, in conformance with CEQA and the CEQA Guidelines a Mitigation Monitoring Plan has been prepared for the Proposed Project and includes mitigation measures that are specific to the Proposed Project. A complete copy of the Mitigated Monitoring Plan is on file and can be viewed in the Planning Division of the City; and WHEREAS, based upon a thorough review of the Proposed Project and the Mitigated Negative Declaration, including the Mitigation Monitoring Plan and the comments received to date and the responses prepared, staff finds that the Proposed Project will have a less than significant impact upon the environment with the implementation of the conditions of approval and the mitigation measures attached to this Resolution; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 28, 2014 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 Anaheim Municipal Code (herein referred to as the "Code "), to consider the Mitigated Negative Declaration and to hear and consider evidence for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; 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 with respect to the revised parking lot layout of an existing church with fewer parking spaces than required by the Zoning Code, does find and determine the following facts: 1. The proposed request to revise an existing church parking lot layout properly one for which a conditional use permit is authorized by Section 18.10.030.010 (Community and Religious Assembly) of the Code; and 2. The proposed conditional use permit to revise an existing church parking lot layout, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the parking lot is existing and is not expanded beyond the current footprint of the parking lot; and 3. The size and shape of the site for the use is adequate to allow the full development of the proposed expansion of the existing church parking lot in a manner not detrimental to the particular area or to the health and safety because the parking lot has been in this location for several decades and proven to be compatible with surrounding uses; and -2- PC2014 -063 4. The traffic generated by the church will not increase due to the parking lot expansion and therefore will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will occur after the highest peak afternoon hours on the adjacent highways; and 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed expansion of the existing banquet facility will be compatible with the surrounding area because the use is integrated with other uses on within the commercial center and is not a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the Planning Commission does further find and determine that the request for a variance to permit fewer parking spaces than required by Code in conjunction with the proposed revised layout of the parking lot should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (52 spaces required; 50 spaces proposed) 1. That the variance, under the conditions imposed, if any, will not cause fewer off - street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use; and 2. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because on -site parking will not increase or compete for on- street parking, since adequate parking is provided on -site to accommodate the peak parking demands of the existing church use; and 3. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the church; and 4. That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off - street parking areas or lots provided for the proposed use because the project site provides adequate ingress and egress points to the property and are designed to allow for adequate on -site circulation; and 5. That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the project site has existing ingress or egress access points that are designed to allow adequate on -site circulation and, therefore, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the church. -3- PC2014 -063 NOW, THEREFORE, BE IT RESOLVED, based upon the foregoing findings and recitals, that the Planning Commission hereby adopts the Mitigated Negative Declaration and Mitigation Monitoring Plan, and does find and determine their adequacy to serve as the required environmental documentation for the Proposed Project, based upon a finding by the Planning Commission that the Mitigated Negative Declaration reflects the independent judgment and analysis of the lead agency; that it has considered the proposed Mitigated Negative Declaration and Mitigation Monitoring Plan together with any comments and responses received during the public review process; and, further finding on the basis of the Initial Study that there is no substantial evidence, with the imposition of the mitigation measures identified in the Mitigation Monitoring Plan that the Proposed Project will have a significant effect on the environment. 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. 61A and Variance No. 2014 -04973 are 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 any amendment, modification or revocation 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. -4- PC2014 -063 BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 61A and Variance No. 2014 - 2014 -04973 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 28, 2014. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) OF THE 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 July 28, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: CALDWELL, SEYMOUR, LIEBERMAN, RAMIREZ NOES: COMMISSIONERS: NONE ABSTAINED: COMMISSIONERS: DALATI ABSENT: COMMISSIONERS: AGARWAL, BOSTWICK IN WITNESS WHEREOF, I have hereunto set my hand this 28 day of July, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -5- PC2014 -063 EXHIBIT "A" DEV2013 -00015 APN: 128- 121 -24 178' m 0 7 01 172' W ORANGE AVE r W RANDOM DR � � r 3 > z z W Q Q W K z m N N N +' c w goo Source: Recorded Tract Maps and /or City GIS. v Please note the accuracy is -/- two to five feet. -6- PC2014 -063 EXHIBIT "B" AMENDMENT TO CONDITIONAL USE PERMIT NO. 61 (DEV2013- 00015) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 The church must have a minimum of 50 off - street parking Planning Department, spaces for their use. Planning Services Division 2 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 3 Any tree planted on -site shall be replaced in a timely manner Planning Department, in the event that it is removed, damaged, diseased and/or Code Enforcement dead. Division 4 Any graffiti painted or marked upon the premises or on any Planning Department, adjacent area under the control of the licensee shall be Code Enforcement removed or painted over within 24 hours of being applied. Division 5 Adequate lighting of parking lots and grounds contiguous to the buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the Police Department hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on -site. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 6 No required parking area shall be fenced or otherwise enclosed Planning Department g for outdoor storage. Code Enforcement Division 7 File an updated Emergency Listing Card, Form APD -281, with Police Department the Police Department, available at the Police Department front counter, or it can be downloaded from the following web site: hq : / /www.anaheim,net /article.asp ?id =678 -7- PC2014 -063 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS 8 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 hndemnitees 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. 9 The applicant is responsible for paying all charges related to Planning Department, the processing of this discretionary case application within 30 Planning Services days of the issuance of the final invoice or prior to the issuance Division of 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. 10 The property shall be developed substantially in accordance with Planning Department, plans and specifications submitted to the City of Anaheim by the Planning Services applicant and which plans are on file with the Planning Division Department and as conditioned herein. -8- PC2014 -063