Loading...
Resolution-PC 2008-89RESOLUTION NO. PC2008-89 _ .._. A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT A PREVIOUSLY-AFPROVED CEQA CATEGpRICAL EXEMPTION, CLASS 1 IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND. APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT IVO. 2007-05201 TO AMEND CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2007-99 AND PERMIT A ONE-YEAR RETROACTNE EXTENSION OF TIME (TRACKING NO. CUP2008-05350) (1724 WEST GLENOAKS AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for an amendment to previously-approved Conditional Use Permit No. 2007-05201 for certain real property in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A", attached hereto and incorparated herein by this reference; and WHEREAS, on August 20, 2007, Resolution No. PC2007-99 approving Conditional Use Permit No. 2007-05201 was approved by the Planning Commission to permit a church within a commercial retail center with 21 parking spaces where 35 spaces were required by Code; and WHEREAS, the applicant has requested a one-year retroactive extension of time to expire on August 20, 2009, and an amendment to this conditional use permit to modify Condition No. 6 pertaining to the hours of operation; and WHEREAS, Condition No. 6 of Resolution No. PC2007-99 states: 6. That the hours of operation shall be limited to 9 a.m. to 4 p.m. on Sundays only. Any request to modify the hours ofoperation must be submitted to fhe Planning Department as a request for modification of conditions of approval. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 15, 2008, 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 the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit with a waiver of minimum number of parking spaces 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 an amendment to the conditional use permit to modify the hours of operation to 9 a.m. to 9 p:m. on Sundays is permitted under authority of Code Section 18.60.190. 2. That an amendment to the conditional use permit to modify the hours of operation will not adversely affect the adjoining ]and uses or the growth and development o£Yhe area. -1- PC2008-89 3. That the size and shape of the site proposed for the use is adequate to allow the full ._. development of the proposed use, in a manner not detrimental to either the particular area or health and safety. 4. 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 azea. 5. That the granting of the conditional use permit under the cpnditions imposed, if any, will not be detrimental ro the health and safety of the citizens of the City of Anaheim. 6. That this is the applicanYs first request for an extension of time. Code Enforcement Division staff conducted an inspection of the property on August 7, 2008, and found that the property is well-maintained. No code violations were identified. Since approval of the permit, there have been no changes to the General Plan and Zoning Code that would affect this project. 7. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. WHEREAS, the Anaheim Planning Commission has reviewed the proposal and does hereby find that the CEQA Categorical Exemption, Class 1 previously approved in connection with Conditional Use Permit No. 2007-05201, is adequate to serve as the required emironmental documentation in connection with this request. NOW, THERFORE, BE IT RESOLVED that the Anaheim Planning Commission dpes hereby approve an amendment to Conditional Use Permit No. 2007-05201 to amend, in its entirety, the conditions of approval adopted in connection with Resolution No. PC2007-99, as described in Exhibit "B", attached hereto and incorporated by this reference, which are hereby found to be necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED that the Anaheim 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 condirions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of the court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that this permit is approved without limitations on the duration of the use. Amendments, modi6cations and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Pemtit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. -2- PC2008-89 AND BE IT FURTHER RESOLVED that the properiy owner/applicant is responsible for paying all chazges related to the processing of this discretionary case application within 15 days of _ the issuance of the final invoice, prior to the issuance of building permits or cpmmencement of activity for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 15, 2008. 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 Counci] Resolution in the event of an appeal. ... ~ CHAI N, Ai AHEIM PL O SSION ATTEST: SENIOR SEC~,TARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 September 15, 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, FAESSEL, KARAKI, RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: EASTMAN IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of Sepkember, 2008. ~ ARY, ANAHEIM PLANNING COMMISSION -3- PC2008-89 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 2007-05201 -4- PC2008-89 EXHIBIT "B" CONDITIONAT. USE PERMIT NO. 2007-05201 No. Conditions of Approval Responsible for Monitorin PRIOR TO 'ISSUANCE OF BUILDING PERMIT OR ! WITHIN A PERIOD OF 1(ONE) YEAR, W AICHEVER`OCCURS FIRST ` 1 That a trash storage area shall be provided and maintained in a Public Works, location acceptable to the Public Works Deparhnent. Said storage Streets and areas shall be designed, located and screened so as not to be Sanitation readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 2 That final landscape plans shall be submitted to the Planning Planning Services Division for review and approval. Said plans shall show minimum four (4) foot wide square (excluding curb) landscaped areas at the front end of every five (5) parking spaces and that one tree shall be provided in each planter. Groundcover shall be planted and maintained within landscape setbacks. The landscape material selected skaall be appropriate to the width of the planter area. Any decision made by the Planning Services Division regarding said plan may be appealed to the Planning Commission as a"Reports and Recommendation" item. Such information sha(1 be specifically shown on the plans submitted for building permits. Landscaping plans shall be subject to the approval by the Community Development Director. GENER,~L ! 3 That an Emergency Listing Card, Form APD-281 shall be Police completed and submitted in a completed form to the Anaheim Police Department. 4 That subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. -5- PC2008-89 5 That the granting of the parking waiver is contingent upon Planning operation of the use in conformance with the assumptions and/or conclusions relating to the operation and intensity of use as contained in the parking demand study that formed the basis for . approval of said waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in the parking demand study, shall be deemed a violation of the expressed conditions imposed upon said waiver which shall subject this conditional use permit to termination or modification pursuant to the provisions of Chapter 18.60 Frocedures of the Anaheim Municipal Code. 6 Hours of operation shall be limited to 9 a.m. to 9 p.m. on Sundays. Planning Hours of operation may be expanded to Saturdays from 9 a.m. to 9 p.m. and weekdays from 7 p.rn. to 10 p.m. provided that prior to any change in operation, the applicant shall submit an amended letter of operation and adequate parking continues to be available for the other on-site uses. Expanded hours of operation shall be subject to approval of the Planning Director. 7 That all trash generated from this commercial retail center shall be Planning properly contained in trash bins located within approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Community Preservation Division of the Planning Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shal] be paid by the business owner. 8 That timing for compliance with conditions of approval may be Planning 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(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progess towazd establishment of the use or approved development. 9 That approval of this application constitutes approval of the Planning 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 requiremenk. -6- PC2008-89 City of Anaheim 1~LANNII~iG DEPARTNIENT WWwanahelm.not September 23, 2008 Myoungjin Lee 1248 Lenahan St. Fullerton, CA 92833 SUBJECT: CONDITIONAL USE PERMIT NO. 2007-05201 / PC2008-89 (Tracking No. CUP2008-05350) Dear Mr. Lee: Congratulations! Your proposed project at 1724 West Glenoaks Avenue was approved by the Planning Commission on September 15, 2008. Enclosed is a copy of the Planning Commission's decision. Keep in mind that this decision will not be final until the twenty-two (22) day appeal period expires. If an appeal is made or if the City Council decides to hold an additional public heazing, your project planner will notify you immediately and provide you the date of the public heazing. The action of the Planning Commission is contained in the attached resolution. You will notice the resolution has a table containing conditions of approval related to your project. The City department responsible for monitoring this condition is listed in the last column (i.e. Planning, Public Works or Police). Please contact Scott Koehm, (714) 765-5395, skoehm@anaheim.net, to discuss the next step for moving your project forwazd. I have also attached a process flow chart so you know what remaining steps are necessary to complete your project. Please keep these documents in a secure place. In the event the property is sold, provide the attached resolution to the new/prospective property owner. Thank you for choosing Anaheim for your project. Make sure to complete and return the enclosed survey regarding our process. If there is any way we can improve our service, please let us know. Since ly, ~ CJ stru AICP Pl ing S rvices Manager Enclosures 2~0 South Anaheim Boulevard P.O. Bax 3222 Anaheim, Calitornia 92803 TEL (714)765-5139 ~ ~