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Resolution-PC 2009-111RESOLUTION NO. PC2009-111 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3515 (TRACKING NO. CUP 3515A) AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. 92R-109 (DEV2009-00021) (2143 WEST LINCOLN AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition to amend Conditional Use Permit No. 3515, to modify or delete a condition of approval pertaining to hours of operation for an existing church with a caretaker's living quarters, pursuant to Code Section No. 18.60.190 of the Anaheim Municipal Code for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, on June 3, 1992, the Anaheim City Council, by its Resolution No. 92R- 109, did approve Conditional Use Permit No. 3515 to permit a church with a caretaker's living quarters with a smaller setback adjacent to a residential zone than required by Code; and WHEREAS, on April 4, 1994, the Anaheim City Planning Commission, by its Resolution No. PC94-46, did approve an amendment to Conditional Use Permit No. 3515 to modify the hours of operation for the church and to include the following condition of approval: "4" That the hours of operation shall be the following: Sundays: 9:00 a.m. 8:00 p.m. Monday through Friday: 7:00 a.m. 9:15 p.m. Saturdays: 9:00 a.m. 11:00 a.m. WHEREAS, this property is currently developed with a 5,148 square foot church with a caretaker's living quarters and is located in the General Commercial (C-G) and Transition (T) zones and the Anaheim General Plan designates this property for Low Medium Density Residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 26, 2009, at 3:30 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 "Procedures", 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 all evidence and reports offered at said hearing, does find and determine the following facts: 1 PC2009-111 1. The facts necessary to support each and every finding for the original approval of the entitlement as set forth in this chapter exist. 2. The permit is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved. 3. The permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare as there have not been any code violations on this property. 4. With regard to the deletion of a condition of approval pertaining to hours of operation, such deletion is appropriate because it has been demonstrated that the use has operated in a manner that is appropriate in the underlying zone and the surrounding area. 5. The existing use at the time of approval was properly one for which a conditional use permit was authorized by the Zoning Code. 6. The use, as amended, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located as the church has been operating in conformance with all conditions of approval and there have been no code violations on the property. 7. The size and shape of the site for the existing use is adequate to allow the full development of the use, in a manner not detrimental to either the particular area or health and safety as the church has been operating in conformance with all conditions of approval and there have been no code violations on the property. 8. The traffic generated by the existing use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area as the church has been operating in conformance with all conditions of approval and there have been no code violations on the property or complaints of parking or traffic impacts. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated does hereby approve the proposed amendment to Conditional Use Permit No. 3515, as previously amended, to delete Condition No. 4 of Resolution No. PC94-46 pertaining to hours of operation as requested by the applicant. BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their entirety, the conditions of approval adopted in connection with City Council Resolution No. 92R-109, adopted in connection with Conditional Use Permit No. 3515, as amended by Planning Commission Resolution No. PC94-46, as described in Exhibit "B" attached hereto and incorporated herein by this reference, which conditions are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. -2- PC2009-111 BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18 60.190 Amendment to Permit Approval) and 1 8.60.200 (City- Initiated Revocation or Modification of Permits oof the Anaheim Municipal Code. BE IT FURTHER RESOLVED that, except as expressly amended herein, the provisions of Resolution No. 92R-109, approving Conditional Use Permit No. 3515, as previously amended, shall remain if full force and effect. BE IT FURTHER R RES LVED 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. BE IT FURTHER RESOLVED 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 ED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOrNIG RESOLUTION vas adopted at the Planning Commission meeting of October 26, 2009. ATTEST: I II( CHA AHEI CITY PLANNING XA( SENIOR SEGtFcETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2009-111 STA'1' OF CALIFORNIA) COUNTY OF ORANGE ss. CITY OF ANAHEIM 1, Grace Medina, 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 October 26, 2009, by the following vote of the members thereof: AYES: COMMISSIONERS: AMENT, BUFFA, KARAKI, I, AMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: A A WAL, FAESSEL WITNESS WHEREOF, F, I have hereunto set my hand this 26 day of October, 2009. SENIOR SEakerARY, ANAHEIM CITY PLANNING COMMISSION PC 2 09 -111 EXHIBIT "A" AMENDMENT TO CONDITIONAL US PERMIT NO. 3515 T A PN 072-501-42 w LINDSAY RD 2 J 9" co 9" LINCOLN AVE cr 0 r ROCKET L Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to live feet. 10855 P 2 -111 NO. 5 6 7 8 EXHIBIT "B" AMENDMENT TO CONDMONAL USE PERMIT NO. 3515 (TRACKING NO. CUP3515A) (DE1 CONDITIONS OF APPROVAL GENERAL 1 The parking lot/storage area serving the premises shall continue to be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. This lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window areas of adjacent properties, and that said lighting information shall continue to be in conformance with the plan submitted for Planning Services Division and Police Department, Community Services Division review and approval. Parking standards and driveway locations shall be in conformance with Engineering Standard Plan Nos. 402, 436, 601/602, 604, 605, 607 and 609 that were applicable at the time this project was developed. 3 No outdoor storage is permitted in any required parking area and outdoor storage shall not exceed the height of the fence. 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 the time of discovery. The landscape and irrigation system shall be maintained in compliance with City Standards. Any tree planted on the site shall be replaced in a timely manner in the event that it is removed. damaged, diseased and/or dead. In order to deter graffiti opportunity, clinging vines shall be maintained adjacent to the block walls. The screening of the above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc. shall be maintained as approved by the City. -6 RESPONSIBLE FOR MONITORING Police Public Works, Traffic Code Enforcement Code Enforcement Code Enforcement Code Enforcement Code Enforcement Code Enforcement PC2009-111 RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL MONITORING A paved surface shall be maintained in compliance with applicable Code Enforcement codes. 10 The property shall be developed substantially in accordance with plans Planning 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, 2, and 3, and as conditioned herein. -7- PC2009-1 1 1