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Resolution-PC 2010-007RESOLUTION NO. PC2010 -007 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2009 -05464 (DEV2009- 00047) (1520 SOUTH LEWIS STREET) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2009 05464, to permit a church 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. WHEREAS, this property is developed with an industrial building located in the Industrial (I) zone and the Anaheim General Plan designates the property for Industrial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 1, 2010, 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, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Planning 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 with respect to the request for a conditional use permit, does find and determine the following facts: 1. The request to permit a church in the Industrial (I) zone is properly one for which a conditional use permit is authorized under Code Section 18.10.030.010. (Community and Religious Assembly Hall) of the Anaheim Municipal Code. 2. The church will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because the church functions will be conducted in a manner conducive to the area and will operate entirely within an existing building. In addition, the peak operating hours of the church, as conditioned herein, are off-set from the peak operating hours of the other businesses within this industrial park. 3. The size and shape of the site proposed for the church is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety. 4. The traffic generated by the church will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because this use does not exceed or intensify anticipated traffic levels for this area. 1 PC2010 -007 5. That the existing number of on -site parking spaces is determined to be adequate for the proposed church. Code requires 395 parking spaces and 311 parking spaces exist. Because the church assembly activities occur during evening hours and weekends when industrial businesses in the center are closed, the existing number of parking spaces is adequate for the church. Condition No. 4 of this resolution includes this limitation on the church assembly activities. 6. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. 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 1T RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2009 -05464 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference which 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. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED 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 this conditional use permit is approved without limitations on the duration of the use. 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 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 delays in the issuance of required permits or the revocation of the approval of this application. 2 PC2010 -007 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 1, 2010. /1 A LEST: v STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM CHAIRMAN, 'l NA CITY PLANNING COMMISSION SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION I, 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 March 1, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, KARAKI RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, 1 have hereunto set my hand this 1" day of March, 2010. SENIOR 5'ECRETARY, ANAHEIM C1'fY PLANNING COMMISSION 3 PC2010 -007 IAPN: 0E32-250-861 F, et EXHIBIT "A" DEV2009- 00047 E CERRITOS AVE m N 196.05' 196.05' Source: Recorded Tract Maps andlar City GIS. Please note the accuracy is two to five feet. 10911 4 PC2010 -007 NO. CONDITIONS OF APPROVAL GENERAL 1 This church facility shall not include any child day care or pre- school activities, except during church services. 2 3 4 Church services shall be permitted weekdays after 6 p.m. and during anytime on weekends. Incidental church office uses are not subject to the weekday restriction. 5 6 Rear entrance doors shall be numbered in the same address numbers or suite number of the business. Minimum height of 4" recommended. 7 8 9 EXHIBIT "B" CONDITIONAL USE PERMIT NO.2009 -05464 (DEV2009- 00047) No outdoor uses and /or assembly or outdoor storage shall occur on the property. No portable signage shall be utilized to advertise the church. 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. All exterior doors to have adequate security hardware, e.g. deadbolt locks. File Emergency Listing Card, Form APD -281, with the Police Department, available at the Police Department front counter, or it can be downloaded from the following web site: httn:/ /www.anaheim.netlarticle.asn ?id =678. The property shall be developed substantially in 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 No. 1 (Site PIan), Exhibit No. 2 (Floor Plans) and as conditioned herein. 5 RESPONSIBLE FOR MONITORING Code Enforcement Code Enforcement Code Enforcement Code Enforcement Code Enforcement Code Enforcement Code Enforcement Police Department Planning PC2010 -007