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Resolution-PC 2017-062RESOLUTION NO. PC2017-062 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2016-05887 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00104) (2620 WEST ORANGE AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2016-05887 to permit and retain an existing community and religious assembly use (the "Proposed Project") for premises located at that certain real property at 2620 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, the Property is approximately 0.33 -acres in size and is currently developed with a two-story office building. The Anaheim General Plan designates the Property for Low -Medium Density Residential land uses. The Property is located in the "C -G" General Commercial Zone and is subject to the zoning and development standards contained in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (the "Code"); and WHEREAS, a duly noticed public hearing was scheduled before the Planning Commission at the Civic Center in the City of Anaheim on July 10, 2017 at 5:00 p.m. to hear and consider evidence and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith, and the Planning Commission continued the item to the August 7, 2017 meeting; 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 (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as 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 WHEREAS, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 1 — Existing Facilities) which consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - I - PC2017-062 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 request for Conditional Use Permit No. 2016-05887, does find and determine the following: 1. The proposed request to permit and retain a church in an existing office building is an allowable use within the "C -G" General Commercial Zone under subsection .010 of Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zones) of the Code, subject to a conditional use permit and the zoning and development standards of the "C -G" General Commercial Zone. 2. The conditional use permit, subject to compliance with the conditions imposed, will not adversely affect the surrounding land uses and the growth and development of the area because the Property is developed with an office and there are a sufficient amount of parking spaces to accommodate the parking demand for the church. 3. The size and shape of the Property is adequate to allow the full operation of the proposed use in a manner not detrimental to the particular area or to the health, safety and general welfare because the facility is located within an office building with a sufficient number of on-site parking spaces being provided, adequate vehicle circulation is provided on site, and compliance with the conditions of approval contained herein will ensure that the church does not have an adverse impact on the adjacent residential uses. 4. The traffic generated by the use would 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 will not exceed the anticipated volumes of traffic on the surrounding streets to accommodate the use. 5. The granting of Conditional Use Permit No. 2016-05887 under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. 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. - 2 - PC2017-062 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2016-05887, and further contingent upon and subject to the conditions of approval set forth 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 Property under Conditional Use Permit No. 2016-05887 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, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 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 (Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and detennine 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 this application 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 August 7, 2017. 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. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2017-062 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 August 7, 2017 by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE, KEYS NOES: COMMISSIONERS: LIEBERMAN, WHITE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 7`h day of August, 2017. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2017-062 EXHIBIT "A" DEV NO. 2016-00104 APN- 126-191-22 W RUNYON PL r h O Q W ORANGE AVE > W ORANGE AVE 114' Q Q M o f.. vii `�j• l? w 56' Q Z d 48' O 2 W z Uj > Y V W WESTHAVEN DR W KEYS LN {J) W d Er Z O O :E c Z W W Y Vn � ovo Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/- two to five feet. - 5 - PC2017-062 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2016-05887 (DEV2016-00104) - 6 - PC2017-062 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT OPERATIONAL CONDITIONS OF APPROVAL 1 There shall be no sound amplification within the church facility, other Planning and Building than a microphone for the pastor to conduct services. There shall be no Department, drums, and no use of air horns or other similar noise -making devices. Planning Services All doors shall remain closed at all times to prevent noise impacts to Division surrounding uses. Should any noise related issues occur as a result of the church operation, the Planning and Building Director may require the church to modify its activities until such time that noise issues have been adequately addressed. 2 Sufficient parking for all uses located at the subject property and 625 Planning and Building South Magnolia Avenue shall be maintained at all times, so that the uses Department, will not cause any parking impacts to surrounding uses. Should the Planning Services parking demand exceed the existing parking supply, or otherwise be Division determined as insufficient, the Planning and Building Director may require a modification to the church operations until such time that parking issues have been adequately addressed. 3 Bible studies shall occur on Wednesdays and Saturdays only as Planning and Building described in the letter of operation. This facility shall not be used as a Department, private daycare, nursery, elementary, junior and/or senior high school. Planning Services Division 4 The existing Ficus trees along the west property line shall be maintained Planning and Building and allowed to grow to ensure that adequate screening is provided Department, adjacent to the single-family homes on the west side of the subject Planning Services property. Division 5 Before and after church services, church employees shall ensure that Planning and Building attendees do not congregate or use the second story balcony or parking Department, lot for gathering in order to minimize any impacts on the adjacent Planning Services residential neighborhood. Division 6 The facility shall operate in accordance with the Letter of Operation Planning and Building submitted as part of the application; all other areas shall be accessory to Department, the sanctuary and shall not be used concurrently with the sanctuary. Any Planning Services changes to the facility's operation described in the Letter of Operation Division shall be subject to review and approval by the Planning and Building Director to determine substantial conformance with said letter and to ensure compatibility with the surrounding uses. - 6 - PC2017-062 - 7 - PC2017-062 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT GENERAL CONDITIONS OF APPROVAL 7 Any graffiti painted or marked upon the premises or on any adjacent area Planning and Building under the control of the property owner shall be removed or painted over Department, within 24 hours of being applied. Code Enforcement Division S The Applicant shall defend, indemnify, and hold harmless the City and Planning and Building its officials, officers, employees and agents (collectively referred to Department, individually and collectively as "Indemnitees") from any and all claims, Planning Services actions or proceedings brought against Indemnitees to attack, review, Division 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 the Planning and Building processing of this discretionary case application within 30 days of the Department, issuance of the final invoice or prior to the issuance of building permits Planning Services for this project, whichever occurs first. Failure to pay all charges shall Division result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 10 The subject Property shall be developed substantially in accordance with Planning and Building plans and specifications submitted to the City of Anaheim by the Department, petitioner and which plans are on file with the Planning Department, and Planning Services as conditioned herein. Division 11 Within 30 days of the date of this resolution, the applicant shall secure Planning and Building the services of a licensed architect or other qualified design professional Department, to prepare plans for all unpermitted work and any other proposed Planning Services improvements, including the building's change of occupancy, relocation Division of the sanctuary to the first floor, and parking lot paving and restriping. The first floor sanctuary shall be comparable in size to the existing second floor sanctuary so as to not create a larger assembly area that could significantly increase the parking demand. 12 Within 90 days of the date of this resolution, all necessary plans and Planning and Building documentation for unpermitted and proposed improvements, including Department, the relocation and the building's change of occupancy of the sanctuary Planning Services to the first floor and the parking lot paving and restriping, shall be Division submitted for to the Building Division, demonstrating that the church use complies with all applicable requirements of the California Building and - 7 - PC2017-062 - 8 - PC2017-062 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT Fire Codes. A parking lot paving and restriping plan shall be submitted to the Planning Division for review and approval. 13 Within 150 days of the date of this resolution, the applicant shall obtain Planning and Building all applicable building permits for unpermitted and proposed Department, improvements, including the building's change of occupancy and Planning Services relocation of the sanctuary to the first floor. Division 14 Within six months from the date of approval, the project shall be Planning and Building scheduled for Planning Commission review as a noticed Reports and Department, Recommendations item to ensure construction progress and compliance Planning Services with all conditions of approval. Division 15 Within 240 days of the date of this resolution (approximately eight Planning and Building months), the applicant shall have completed all work and obtained all Department, necessary building permit inspections and approvals, including final Planning Services inspections, and a certificate of occupancy for all work described in the Division prior conditions of approval. - 8 - PC2017-062