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Resolution-PC 2002-134• RESOLUTION NO. PC2002-134 • A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04591 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK 38, PAGE 19 OF PARCEL MAPS, IN THE OFFICE OF RECORDER OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 9, 2002 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said 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, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Mnnfcipal-Code Section-Nos.1&~03:030 and 1-8-.44:05U,130 to-.permit.a cburch in_conjunction with a permitted training facility within an existing office building with waiver of the following: SECTION NOS. 18.06.050.0263. Minimum number of qarkina spaces; 18.06.050.0266 AND 18.42.066.050 (127 required; 115 existing and recommended by the City Traffic and Transportation Manager). 2. That the waiver, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for such 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 3. That the waiver, 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; and 4. ihat the waiver, under the conditions imposed, if any, will not 9ncrease the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which properry is not expressly provided as parking for such use under an agreement in compiiance with Section 18.06.010.020 of this Code); and 5. That the waiver, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for such use; and 6. That the waiver, 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. 7. That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code, or that said use is not listed therein as being a permitted use; 8. That 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; and Cr5455DM -1- PC2002-134 • ~ 9. That the proposed church would not adversely affect the adjoining residential and open space land uses nor restrict the growth and development of the area in which it is proposed to be established. 10. That the church does not include physical expansion of the existing building and therefore, the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare. 11. That the granting of the conditional use permit under the conditions imposed would not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 12. That the traffic generated by the proposed church would not impose an undue burden upon the streets and highways designed and improved to carry traffic in the area. Because the church operates during off-peak times from the administrative offices and training facility, this use is complementary to the administrative office/training facility that has peak usage during weekday hours. 13. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONIVIENTAL QUALITY ACT FINDING: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 1, as defined in the State EIR Guidelines and is, therefore, categorically ~xempt frc~m the reqairement to prepare-an ElR. - NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant the Petition for Conditional Use Permit No. 2002-04591, upon the following conditions 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: 1. That the operation of the church permit shall expire one (1) year from the date of this resolution, on September 9, 2003. 2. That the hours of operation for the church shall be limited to Sunday from 9 a.m. to 2 p.m., as stipulated by the petitioner. 3. That no portable signage shall be utilized to advertise the church. 4. That no bells audible from the exterior of the building shall be permitted. 5. That a Special Event Permit may be issued for banners only. Due to the proximity of residential land uses, no outdoor events shall be permitted. 6. That the only accessory school activity shall be Sunday school and this faciiity shali not be used as a private daycare, nursery, elementary, junior and/or senior high school. 7. That the adult congregation at any one time shall be limited to 50 persons. If the number of congregates exceeds this number of inembers, at any one time, the petitioner shall then submit an updated parking study to the Tra~c and Transportation Manager for review and approval, prior to review and approval by the Planning Commission at a noticed public hearing. 8. That gates shall not be installed across any driveway in a manner, which may adversely affect vehicular traffic in the adjacent public streets. Installation of any gates shall conform to -2- PC2002-134 ~~ • Engineering Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic and Transportation Manager. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 10. That the church and training facility shall not operate at the same time to ensure adequate parking is provided on-site at all times. 11. That a landscape plan shall be submitted to the Zoning Division for review and approval. The plan shall indicate a total of eight (8) trees along the Vermont Avenue frontage and eighteen (18) trees along the Lemon Street frontage. All trees shall be minimum 24-inch box in size. Said trees shall be installed within 30 days of plan approval and thereafter maintained in a live and healthy manner. 12. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 13. That 3-foot high address numbers shall be displayed on the roof in a contrasting color to the roof material. The numbers shall not be visible from the view of the street or adjacent and nearby properties. Said information sF~all be specifically shown on plans submitted for Police Department, Community Services Division approval. - - 14. That any s~gnage icterrti€ying the ehurch activities, beyo~d ~hose-legally-existing-at the date- of this resolution, shall be reviewed and approved by the Planning Commission as a Report and Recommendation item. 15. That only the 2199 square foot assembly area shown on approved exhibits shall be utilized as church assembly area. 16. That subject property shall be maintained substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2 and as conditioned herein. 17. That within 60 days, or prior to commencement of the activiry authorized by this resolution, whichever occurs first, Condition Nos. 11, 13 and 16, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. '! 8. That approval of this application 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. BE IT FURTHER RESOLVED that the Anaheim City 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. -3- PC2002-134 ! ! THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 9, 2002. ~ ~ CHAtRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: ~~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Fernandes, 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 September 9, 2002, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, ROMERO, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: KOOS ~ IN W-ITNESS Wk{EREOF, I k~ave-her-eunto set my hand this _~ da.y_ of 2002. ~~e~Lrt-ovr~.e(,~~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2002-134