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Resolution-PC 2004-40~ ~ RESOLUTION NO. PC2004-40 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC96-112 ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 3876 (511 SOUTH HARBOR BOULEVARD) WHEREAS, on October 14, 1996, the Anaheim City Planning Commission did, by Resolution No. PC96-112, grant Conditional Use Permit No. 3876 to permit the conversion of a 3,320 square foot bank building to a church. WHEREAS, Resolution No. PC96-112, adopted in connection with subject use permit, includes the following condition of approval: "11. That the subject property shall be developed substantially in accordance with plans ~and specifications submitted to the City of Anaheim by#he petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1, 2, and 3." WMEREAS, the property is currently developed with a church and is zoned CO (Commercial, Office and Professional). The City of Anaheim General Plan Land Use Element Map designates this property for Commercial Professional land uses; and is situated in the City of Anaheim; County of Orange, State of California, described as THAT PORTION OF VINEYARD LOT "G-6", AS PER MAP RECORDED IN BOOK 4, PAGES 629 AND 630 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: WHEREAS, the petitioner has requested to amend said condition of approval; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 5, 2004, 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 amendment and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the April 19, 2004 Planning Commission meeting; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideratian of al{ evidence and repo~ts affered 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 Municipal Code Section 18.41.050.070 to amend exhibits for a previously-approved church to construct Sunday school classrooms with waiver of the following: (a) Sections 18.06.050.0266 and Minimum number of parkinp spaces 18.41.066.050 (24 required; 22 proposed) 2. That the petitioner submitted a parking letter, to substantiate the parking waiver; and that the City Traffic and Transportation Manager has reviewed the letter and concurred with the conclusion that 22 on-site parking spaces are sufficient to meet the needs of this specific proposal. 3. That the parking waiver will not, under the conditions imposed, 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 the use. CR\PC2004-040 -1- PC2004-40 (TRACKINC NO. CUP2004-04836) ~ ' ~ 4. That the waiver will not, under the conditions imposed, increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. 5. That the waiver will not, under the conditions imposed, increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use. 6. That the waiver will not, under the conditions imposed, increase traffic congestion within the off- street parking areas or lots provided for the proposed use. 7. That the waiver will not, under the conditions imposed, impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. 8. That the proposed use, as conditioned, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located based on the site design and location of the proposed classroom building complying with the Zoning Code. 9. That the size and shape of the site containing the existing church is adequate to allow the full development of the proposed classroom building in a manner not detrimental to the particular area nor to the peace, health, safety, and general weffare. 10. That the traffic generated by the proposed construction and use would not impose an undue burden upon the streets and highways designed and improved to carry traffic in the area due to the fact that the new classroom building would be for accessory Sunday school classes for the children and existing church members. 11. That the proposed use, as conditioned, would not adversely affect the adjoining land uses and the growth and development of this area based on the compatibility of the site design and intended use of the classroom would not conflict with the adjoining public school and commerciaf land uses. 12. 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 ENVIRONMENTAL QUALI7Y ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to amend exhibits for a previously-approved church to construct accessory Sunday school classrooms with waiver of minimum number of parking spaces and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 3876 is adequate to serve as the required environmental documentation in connection with this request upon finding that the decfaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend, in its entirety, the conditions contained in Resolution No. PC96-112 to read as follows: That plans shail be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. That an on-site trash truck turn around area shall be provided per Engineering Standard Detail No. 610 and shown on plans submitted to the Department of Public Works, Street Sweeping and Sanitation Division for review and approval. Said information shall be specifically shown on plans submitted for building permits. -2- PC2004-40 ~ ~ 3. That the drive-way on Santa Ana street shall be reconstructed to accommodate ten (10) foot radius curb returns in conformance with Engineering Department Standard No. 115. Said information shall be specifically shown on plans submitted for building permits. 4. That any tree and/or landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead; and that the on-site irrigation system shall be maintained in accordance with City standards. 5. 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. That any required relocation of City electrical facilities shall be at the developer's expense. That if required to serve the new classroom building, the legal property owner shall provide the City of Anehelm with an easement to be determined as electrical design is completed for electrical service lines. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 8. That trash storage areas shall be maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent public rights-of-way. 9. That this church facility shall not include any child day care or pre-schoo! activities unless a conditional use permit granting such uses is approved by the Planning Commission. 10. That no portable signage shall be utilized to advertise the church. 11. That no outdoor events shall be permitted. 12. That no required parking shall be fenced or otherwise enclosed for outdoor storage uses. 13. That the number of congregates at any one time shall be limited to fifty (50) persons, sixteen years of age and over. If the number of congregants exceeds fifty (50) members at any one time, the applicant shall then submit a parking management plan to the City Traffic and Transportation Manager for review and approval. 14. That subject property shall be developed 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(Revision No. 1) 2, 3, 4 and 5, and as conditioned herein. 15. That prior to issuance of a building permit, or prior to commencement of the activity authorized by this resolution, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3 and 7, above-mentioned, sha11 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. 16. That prior to final Building and Zoning inspections, Condition No. 14, above-mentioned, shall be complied with. 17. 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. -3- PC2004-40 ~ ~ THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 19, 2004. Said resolution is subject to the appeal provisions'set forth in Chapter 18.03, "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal pr cedures and may be replaced by a City Council Resolution in the event of an appeaL ~ ~7 i 9 ~1L --~ . RPERSON; ANAHEIM CITY PLANNING COMMISS A OR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY-0F ANAHEIM ) I, Pat Chandler, Senior 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 April 19, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: BOSTWICK ~ IN WITNESS WHEREOF, I have hereunto set my hand this ~~-~'"day of , 2004. SENIOR SECRETA Y, ANAHEIM CITY PLANNING COMMISSION -4- PC2004-40