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Resolution-PC 2005-112_ ~ ~ RESOLUTION NO. PC2005-112 A RESOLUTION OFTHE ANAHEIM PLANNING'COMMISSION REVOKING CONDITIONAL USE PERMIT N0. 2005-04960 (2230 WEST'COLGHESTER DRIVE, SUITES 1-5) WHEREAS, on March 21, 2005, the Anaheim City Planning Commission, by its Resolution'No. PC2005-41, granted Conditional Use f'ermitNo. 2005-04960 to permit and retain an existing church subject to specified conditions of approval, including the waiver of code requirements requested by the applicant; and , WHEREAS, fhe property for which this entitlement was gran4ed consists of certain real property situated in the City of Anaheim, Counfy of Orange, State of California, described as: - LOTS 1, 2, 3 AND 4 OF TRACT N0. 2701, AS PER MAP RECORDED IN BOOK 115, PAGES 5 AND 6 OF MISGECLANEOUS MAPS; IN THE OFFICE OF THE COUNTY RECORDER OF SAID,COUNTY. WHEREAS, on June 27, 2005, by its motion, the City Planning Commission requested that Planning Staff schedule a public hearing to consider revocation or m'odification of Conditional Use Permit No.'2005-04960 as authorized by Section 18.60:200 of the Anaheim Municipal Code; and WHEREAS, thereafter, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 25, 2005, at 2:30 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, of the Anaheim Municipal Code; and WHEREAS, at the time and place fixed for said public hearing, the City Planning ` Commission did hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports, and did consider the same; 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 Conditional Use Permit No. 2005-04960 is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation, based upon the following facts: (a) The applicant and/or property owner has not submitted plans and/or obtained appropriate building permits for all outstanding tenant improvements within sixty (60) days of the Planning Commission's approval of Conditional Use Permit No. 2005-04960, including, but not limited to, interior walls and opening in masonry wall; modifications and/or changes to restrooms, exit doors, and counter top for handicap accessibility; and modifications and/or changes to electrical fixtures, outlets, a/c distributions, gas, water line, and sewer cleanout. 2. That the use for which the approval was granted has been so exercised as to be detrimental to the public health or safety, as such violations of the Uniform Building Code and Uniform Fire Code pertaining to assembly uses create a potentially dangerous situation and are detrimental to the public health and safety, based upon the following facts . (a) On July 15, 2005, the number of persons inside the church exceeded the maximum occupancy limit of 49 persons. Seating was arranged inside the church to accommodate up to 147 persons, CR\PC2005-112 -1- PC2005-112 Tracking Na CUP2005-05006 ~ ~ (b) Drapery hung inside the church has not been removed and/or a flame retardant certificate has not been provided for all drapes; ' (c) Exit doors and outside gates have not been equipped with panic hardware and are not set to open outward; (d) Secondarylocks, latches and/or bolts have not been removed from exit doors; and - (e) Illuminated exit signs have not been installed. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING Th'at the Anaheim Planning Commission has reviewed the proposed xevocation of Conditional Use Permit No: 2005-04960 (to permit and retain an existing church [Vicfory Outreach Church Suites 1-5] within an existing non-conforming commercial retail center with waiver of minimum number of parking spaces) andhas determined that the action falls within the definition of Categoricaf Exemptions, Class 29, 8ection 15321; (Enforcement Actions ' by Regulatory Agencies), as defined in the CEQA Guidelines and is, therefore; exempt from the : requirement to prepare"additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED by the Anaheim City Planning Commission that, , for thereasons hereinabove specified, Conditional Use`Permit No. 2005-04960 be, and the same is hereby,revoked. : BE IT FURTHER RESOLVED that the time within which an appeal must be sought is governed by the provisions of Section 18.60:130 of the Anaheim Municipal Code. NOTICE IS HEREBY GIVEN that the applicant and the property owner shall immediately' cease the #ormerly authorized use, heretofore permitted under Conditional Use Permit No. 2005-04960. The failure to cease such use shall be subject to enforcement and penalties as set forth in Section 1.01.389 of the Anaheim Municipal Code. _ THE FOREGOING RESOLUTION was adopted at#he Planning Commission meeting of July 25, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 of the Anaheim Municipal Code pertaining to appeal procedures and may be laced by a City Council Resolution in the event of an appeaL CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: - SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION ~ ~ STATE OF CALIFORNIA' ) COUNTY OF ORANGE ) ss. , CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify _ that the foregoing'resolution was passed and,adopted at a meeting of the Anaheim Planning Commission : held on July 25, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA; EASTMAN, FLORES, ROMERO, VECASQUEZ ' NOES: COMMISSIONERS: NONE ABSENT: ' COMMISSIONERS: KARAKI, PEREZ IN WITNESS WHEREOF,1 have hereunto set my hand this ~4 ~ day of v v ~ ~ 2005. .i2i~-'~' / /G°o '"'"_ ~ +-~-~-•-- - SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION