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Resolution-PC 2019-036RESOLUTION NO. PC2019-036 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2019-06018 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2019-00072) (2101 WEST CRESCENT AVENUE, SUITES F AND K) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2019-06018 to permit and retain an existing community and religious assembly use for premises located at that certain real property at 2101 West Crescent Street, Suites F and K, 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 consists of 1,625 square feet and is located on 3.4 -acre parcel that is currently developed with four single -story industrial buildings. The Anaheim General Plan designates the Property for Industrial land uses. The Property is located in the "I" Industrial Zone and is subject to the zoning and development standards contained in Chapter 18.10 (Industrial Zones) of the Anaheim Municipal Code (the "Code"); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 19, 2019 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 Conditional Use Permit No. 2019-06018 (the "Proposed Project"), and to investigate and make findings and recommendations in connection therewith; 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 PC2019-036 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. 2019-06018, does find and determine the following: 1. The Proposed Project is an allowable use within the "I" Industrial Zone under subsection .010 of Section 18.10.030 (Uses) of Chapter 18.10 (Industrial Zones) of the Code, subject to a conditional use permit and the zoning and development standards of the "I" Industrial Zone. 2. The Proposed Project, under 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 industrial buildings and there are a sufficient amount of parking spaces to accommodate the parking demand for the church and all surrounding uses combined. 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 church is located within an industrial building and a sufficient number of on-site parking spaces and adequate vehicle circulation are provided on-site. 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. 2019-06018 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2019-06018, 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. 2019-06018 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 - PC2019-036 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 pennit 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 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 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 19, 2019. 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. CHAIR ON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2019-036 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 19, 2019 by the following vote of the members thereof. AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS, MULLEADY, VADODARIA, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 19'h day of August, 2019. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2019-036 EXHIBIT "A" DEA' NO. 2019-00072 APN: 072-060-32 r r W J J 4 Z W GRAMERCY AVE `06' - M N 463' W CRESCENT AVE `.1' LAFAYETTE CR W _ z Purely Evangelical Church 2101 W. C re scent Av e nu e.. Suite K Anaheim. CA 92801 / Source: Recorded 'tract M aps andior City GIS. 7 Please notethe accuracy is+/-tvc to five feet. - 5 - PC2019-036 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2019-06018 (DEV2019-00072) - 6 - PC2019-036 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT OPERATIONAL CONDITIONS OFAPPROVAL 1 The only school activity in connection with this church shall be Planning and Building related to religious services/Sunday school, prayer meetings, or Department, Bible study. This facility shall not be used as a private daycare, Planning Services preschool, elementary, junior and/or senior high school. Division 2 The facility shall operate in accordance with the Letter of Operation Planning and Building submitted as part of the application. Any changes to the facility's Department, operation described in the Letter of Operation shall be subject to Planning Services review and approval by the Planning Director to determine Division substantial conformance with said letter and to ensure compatibility with the surrounding uses. GENERAL CONDITIONS OF APPROVAL 3 The church facility shall comply with the occupancy requirements in Planning and Building accordance with the California Building and Fire Codes. A Building Department, Permit shall be obtained within 90 days of the date of this resolution. Planning Services Division 4 Any graffiti painted or marked upon the premises or on any adjacent Planning and Building area under the control of the property owner shall be removed or Department, painted over within 24 hours of being applied. Code Enforcement Division 5 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 Planning Services permits for this project, whichever occurs first. Failure to pay all Division charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 6 The subject Property shall be developed substantially in accordance Planning and Building with plans and specifications submitted to the City of Anaheim by Department, the petitioner and which plans are on file with the Planning Planning Services Department, and as conditioned herein. Division - 6 - PC2019-036 - 7 - PC2019-036 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 7 All new landscaping shall be installed in conformance with Chapter "Landscape Planning and Building 18.46 and Screening" of the Anaheim Municipal Code and shall be maintained in perpetuity. Landscaping shall be replaced Department, in a timely manner in the event that it is removed, damaged, diseased Planning Services and/or dead. Division 8 The applicant shall maintain their closed circuit television (CCTV) Police Department security cameras for the following coverage areas: lobby entrances, interior hallway, donation collection and storage areas. CCTV recordings shall be kept for a minimum of 30 days before recorded over. 9 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred Planning and Building to individually and collectively as "Indemnitees") from any and all Department, claims, actions or proceedings brought against Indemnitees to attack, Planning Services review, set aside, void, or annul the decision of the Indemnitees Division 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. - 7 - PC2019-036