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Resolution-PC 2010-061RESOLUTION NO. PC2010 -061 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND CONDITIONAL USE PERMIT NO. 2010-05493 AND VARIANCE NO. 2010 -04821 (DEV2010- 00049) (232, 236 AND 240 WEST CERRITOS AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2010- 05493, to permit a religious and community assembly facility (New Life Church of California) pursuant to Code Section No. 18.60.180 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; WHEREAS, this property is currently developed with a commercial/industrial center, located in the General Commercial — South Anaheim Boulevard Corridor Overlay (C -G) (SABC) Zone and the Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 2, 2010, at 5 :00 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 conditional use permit 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. The proposed church is properly one for which a conditional use permit is authorized under Code Section No. 18.08.030.010. 2. The proposed 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 will be compatible with other commercial and industrial uses within the center; 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 either the particular area or 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 the traffic generated by this use will not exceed the volume of traffic planned for the streets and highways in the area and because use of this facility will be off-peak from the parking demand of other uses in the center; - 1 - PC2010 -061 5. 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 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 variance, does find and determine the following facts: 1. The applicant requests a variance from the following Code Section to provide less parking than required by Code: (a) SECTION NO. 18.42.040.010 (Table 42 -A) Minimum number of parking spaces (1,014 spaces required and 494 spaces proposed) 2. The above - mentioned variance, under the conditions imposed. will not cause fewer off - street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to the proposal under the normal and reasonably foreseeable operation of the use as the parking study dated August 6, 2009, prepared by Traffic Safety Engineers, Inc., indicates that the available parking supply during off -peak hours is adequate to support this type of use. 3. The parking variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity because the proposed parking would be adequate to accommodate the project's peak parking demands. 4. The variance will not increase the demand and competition for parking spaces upon adjacent properties in the immediate vicinity of the proposed church because the church will not increase or compete for on- street parking as and as indicated in the aforementioned parking study, the existing parking is more than adequate to accommodate both the center and the proposed church peak parking demands. 5. The variance will not increase traffic congestion within the off - street parking areas provided for the proposed use since all parking is contained on -site and will not encroach into other parking facilities. 6. The variance will not increase traffic congestion within the off- street parking areas provided for the church as indicated in the parking study because the supply of parking is adequate for the church and there are no new ingress or egress points proposed. 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. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated does hereby approves Conditional Use Permit No. 2010 -05493 to - 2 - PC2010 -061 permit a church on property located at 232, 236 and 240 West Cerritos Avenue and Variance No. 2010 -04821 to permit fewer parking spaces than required by code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby grant Conditional Use Perrnit No. 2010 -05493 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated herein 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 safety and general welfare of the Citizens of the City of Anaheim BE IT FURTHER RESOLVED, that this permit is approved without limitations on 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 18.60.200 (City- Initiated Revocation or Modification of Permits) 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 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 the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 2, 2010. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Mt_micipaLCode pertaining to appeal procedures and may be replaced by a City Council Resoluti6h in the vet of an appeal. ATTEST: CHAIRMAN, A SENIOR SECRE TARY ANAHE CITY PLANNING COMMISSION 3 AHEIM CITY PLANNING COMMISSION PC2010 -061 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 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 August 2, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: ABSENT: AGARWAL, AMENT, FAESSEL, KARAKI, PERSAUD, RAMIREZ, SEYMOUR COMMISSIONERS: NONE COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 2" day of August, 2010. SENIOR SECRETARY, ANAHE ITY PLANNING COMMISSION 4 PC2010 -061 EXHIBIT "A" DE1'2OI0- 00049 I I APN: 082- 214 -01 I_1 1050' W ALRO WAY 4/10 o su 100 Feet h w N W CERRITOS AVE 1 Source: Recorded Tract Maps and/or City GIS Please note the accuracy is +I- two to five feet 10989 5 PC2OI0 -061 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO COMMENCEMENT OF THE BUSINESS 1 The business shall be equipped with an alarm system (silent or audible). Police Department c-i Complete a Burglary /Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http:/ /www.anaheim.net/article.asp ?id =678 Police Department 3 Address numbers shall be positioned so as to be readily readable from the street. Numbers should be visible during hours of darkness. Police Department 4 Rear entrance doors shall be numbered in the same address numbers or suite number of the business. Minimum height of 4" recommended. Police Department 5 All exterior doors to have adequate security hardware, e.g. deadbolt Locks. The locks shall be so constructed that both the deadbolt and deadlocking latch can be retracted by a single action of the inside doorknob/lever /turn piece Police Department 6 Wide -angle peepholes or other viewing device should be installed in solid doors where natural surveillance is compromised. Police Department GENERAL 7 Church services shall be permitted from 5:30 a.m. to 7:00 a.m. and after 6 p.m. on weekdays, and any time on weekends. Incidental church office uses are not subject to this restriction. Code Enforcement 8 The subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1 (Site Plan) and Exhibit No. 2 (Floor Plan), and as conditioned herein. Planning EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2010-05493 AND VARIANCE NO. 2010-04821 (DEV2010- 00049) 6 - PC2010 -061