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Resolution-PC 2010-087RESOLUTION NO. PC2010 -087 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION AND APPROVING CONDITIONAL USE PERMIT NO. 2010-05513 & VARIANCE NO. 2010-04830 (DEV2010- 00113) (2560 EAST LA PALMA AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2010 -05513 and Variance No. 2010- 04830, to permit a church in an existing commercial building with a smaller setbacks and fewer parking spaces than required by 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 developed with a 10,304 square foot vacant building and is located in the C -G (General Commercial) zone. The 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 September 27, 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, 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 C -G (General Commercial) zone is properly one for which a conditional use permit is authorized under Code Section 18.08.030.010 (Community & Religious Assembly) 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 site can accommodate the proposed use and there will not be an adverse affect on the adjacent residential or school uses in the vicinity. 3. The size and shape of the site for the use 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 because this use will be conducted entirely within the building. Code permits a parking reduction up to ten percent thereby allowing 60 parking spaces as proposed by the applicant and in compliance with the code. - 1 PC2010 -087 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 activity is consistent with other commercial and multiple - family residential uses and levels of activity in this area. Further, 60 on -site parking spaces are determined to be adequate for the church because many congregation members include families that will arrive at the church in the same vehicle. 5. The granting of the conditional use permit will not be detrimental to the health and safety of the citizens of the City of Anaheim because the use is consistent with other commercial and multiple family residential uses along La Palma Avenue. WHEREAS, the Planning Commission does further find and determine that the request for a variance of a smaller side yard setback and fewer parking spaces than allowed by code should be approved for the following reasons: SECTION NO. 18.40.040.040 SECTION NO. 18.42.040.010 Minimum side yard setback. (15 feet required; 0- 3 feet proposed). Minimum number of required parking spaces. (66 spaces required; 60 spaces proposed). 1. The variance pertaining to the minimum side yard setback is hereby approved because strict application of the Zoning Code would deprive the property of privileges enjoyed by other properties under identical zoning classification in the vicinity because development limitation posed by the size of the property and the constraints posed by the retention of the existing building and required parking area needed to support the church use. 2. There are also special circumstances pertaining to the minimum side yard with respect to the number of parking spaces required for a church use, the layout and retention of the existing commercial building which restricts the ability to provide the minimum side yard setback. 3. That the variance, under the conditions imposed will not cause fewer off- street parking spaces to be provided for the proposed church than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of the church because the on -site parking for the church will adequately accommodate peak parking demands of church; 4. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the on -site parking for the church will adequately accommodate the peak parking demands of the church; 5. The variance will not increase traffic congestion within the off-street parking areas provided for the church since all parking is contained on -site and will not encroach into other parking facilities and the supply of parking is adequate for the church. Further, the project does not propose new ingress or egress points and is designed to allow adequate on -site - 2 - PC2010 -087 circulation and therefore will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the church. 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 does hereby approve Conditional Use Permit No. 2010 -05513 and Variance No. 2010 -04830 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 or hours of operation for 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 1T 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. THE FOREGOING RESOLUTIS ` s adopted at the Planning Commission meeting of September 27, 2010. A'1"LEST: CHAIR AN PRO - TEMPORE ANAHEIM CITY PLANNING COMMISSION Gt GL� L. \ SENIOR S RETARY, ANAHEIM CITY PLANNING COMMISSION - 3 - PC2010 -087 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) L 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 September 27, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, KARAKI, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: FAESSEL IN WITNESS WHEREOF, I have hereunto set my hand this 27 day of September, 2010. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 4 PC2010 -087 _ _I _ IAPN: 083 - 020 -621 W 2 cc 0 J I EXHIBIT "A" DES -00113 E LA PALMA AVE 221.12' ❑ s❑ inn rt Pere 221.12' Source Recorded Tract Maps and/or City GIS Please note the accuracy is +1- two to five feet. 11017 5 PC2010 -087 CONDITIONAL USE PERMIT NO. 2010-05513 AND VARIANCE NO. 2010-04830 (DEV2010- 00113) EXHIBIT `B" NO. CONDITIONS OF APPROVAL GENERAL CONDITIONS 1 No required parking area shall be fenced -off or otherwise enclosed for outdoor storage uses. 2 Curbs adjacent to the drive aisles shall be painted red to prohibit parallel parking in the drive aisles. Red curb locations shall be clearly labeled on building plans. Prior to final building and zoning inspection, fire lanes shall be posted with "No Parking Any Time." Said information shall be specifically shown on plans submitted for building permits. 3 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 two (2) business days from the time of discovery. 4 The location of a trash enclosure shall be provided in a location acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said information shall be specifically shown on the plans submitted for building permits. 5 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 Nos. 1 (Site Plan) and 2 (Floor Plan), and as conditioned herein. - 6 SIGNED REVIEW BY OFF BY Code Enforcement Public Works Code Enforcement Public Works Planning PC2010 -087