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Resolution-PC 2004-28~ ~ RESOLUTION NO. PC2004-28 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING RESOLUTION NO. 92, Series 1958-59, INCLUDING THE COONDITIONS THEREIN, ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 23 . WHEREAS, on November 3, 1958, the Anaheim City Planning Commission did, by its Resolution No. 92, Series 1958-59, approve Review No. 23 for a Special Use Permit to construct a church and related buildings at 9102 Orange Avenue subject to compliance with Condition Nos. 1 through 6; and that Review No. 23 as subsequently re-named "Conditional Use Permit No. 23" and the County of Orange address (9102 Orange Avenue) was subsequently changed to the City of Anaheim address "2550 West Orange Avenue"; WHEREAS, this property is developed with a church (Grace Bible Church) in the RS-A- 43,000 (Residential/Agricultural) Zone; and WHEREAS, the petitioner has requested an amendment to Conditional Use Permit No. 23 to permit construction of a new parsonage for the existing church, and has submitted plans dated January 20, 2004 and labeled Exhibit Nos. 1(Site Plan), 2(Parsonage Floor Plan) and 3(Elevations) to illustrate the proposal; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 8, 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 (Zoning Procedures-Amendments, Conditional Use Permits and Variances), to hear and consider evidence for and against said proposed amendment 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 atl evidence and reports offered at said hearing, does find and determine the following facts: 1. That the use, as proposed to be amended to permit construction of a new parsonage for an existing church, is authorized by Section 18.03.092 (Termination or Modification of Conditional Use Permits or Variances - Grounds) and subsection 18.21.050.110 of Section 18.21.110 (Conditional Uses and Structures in the RS-A-43,000 Zone) of the Anaheim Municipal Code. 2. That this conditional use permit, as originally granted and as exercised, has not been detrimental to the public health or safety, and does not constitute a nuisance. 3. That the proposed amendment, including the imposition of additional conditions, is reasonably necessary to protect the public peace, health, safety or general welfare, and necessary to permit reasonable operation of the use as originally granted. 4. That the proposed parsonage, as designed and conditioned herein, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. 5. That the size and shape of this site is adequate to allow full development of the use, as amended, in a manner not detrimental to the area nor to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 6. That the traffic generated by the use, as amended to include a parsonage, will not impose an undue burden upon the streets and highways designed and improved to carry traffic in the area. Tracking No. CUP2004-04828 cr\PC2004-028.doc -1- PC2004-28 ~ • 7. That no one indicated their presence at the public hearing in opposition to the proposal, and no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 3, as defined in the State of California Environmental Impact Report ("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend Resolution No. 92, Series 1958-59, adopted in connection with Conditional Use Permit No. 23, to construct a new parsonage in connection with an existing church at 2550 West Orange Avenue; AND BE IT FURTHER RESOLVED that the said resolution is further amended to add the following conditions of approval: That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the current versions 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 the approved plans. 2. 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 dies. 3. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 4. That any required relocation of City electrical facilities shall be at the developer's expense. 5. That the legal property ow~er shall irrevocably offer to dedicate to the City of Anaheim an easement for a corner cutoff at the corner of Orange Avenue and Velare Street. 6. That the property owner/developer shall pay the cost to mitigate sewer impacts in the Combined West Anaheim Area, Zone C. The estimated cost to mitigate the impacts is two hundred eighteen dollars ($218) per single-family dwelling. 7. That the legal property owner shall submit an application for a Subdivision Map Act Certificate of Compliance to the Public Works Department, Development Services Division. A Certificate of Compliance or Conditional Certificate of Compliance will be approved by the City Engineer and shall then be recorded in the Office of the Orange County Recorder. 8. That an Emergency Listing Card, Form APD-281 (which is available at the Police Department front counter) shall be completed and filed with the Police Department. 9. That the legal property owner shall provide the City of Anaheim 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. 10. 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 (dated January 20, 2004) are on file with the Planning Department marked Exhibit Nos. 1, 2 and 3, and as conditioned herein. -2- PC2004-28 ~ ~ 11. 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, 5, 6 and 7, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 (Time Limit for Amendments, Conditional Use Permits, Administrative Use Permits, Variances and Administrative Adjustments) of the Anaheim Municipal Code. 12. That prior to final Building and Zoning inspections, Condition Nos. 8, 9 and 10, above-mentioned, shall be complied with. 13. 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 8, 2004. ~~~. .~-~v~LPn~ 0~ ' RPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: ARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE )ss. CITY OF 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 March 8, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE • IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of L~ , 2004. ( ~ ~ ~ . SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2004-28