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Resolution-PC 2011-057RESOLUTION NO. PC2011 -057 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND CONDITIONAL USE PERMIT NO. 2011 - 05559 (DEV2011- 00044) (2201 EAST WINSTON ROAD, SUITE H) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2011- 05559, to permit a religious and community assembly facility 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 an industrial complex, located in the Industrial Zone and the Anaheim General Plan designates this property for Industrial Iand uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 18, 2011, 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. 18.10.030.010. 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 church services will be limited to the days and hours when most businesses in the center are closed; 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; PC2011 -057 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. 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. 2011 -05559 to permit a church on property located at 2201 East Winston Road, Suite H. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby grant Conditional Use Permit No. 2011 -05559 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 18.60A 90 (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. 2 PC2011 -057 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting ofJuly 18, 2011. 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 Council Resolution in the eve �. eal. ATTEST: CHAIRMAN, ANA EIM CITY PLANNING COMMISSION SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 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 July 18, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, KARAKI, PERSAUD, RAMIREZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: SEYMOUR IN WITNESS WHEREOF, I have hereunto set my hand this 18`" day ofJuly, 2011. f • SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 3 - PC2011 -057 EXHIBIT "A" DEV NO. 2011 -00044 APN: 253 - 151 -03 `:fi !PP 0 Fq,1 318' Eo ( y CD CD 330' E WINSTON RD FL J E OMEGA AVE J Source: Recorded Tract Maps andlor City GIS. Please note the accuracy is +/- two to five feet. 11131 4 PC2011 -057 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO COMMENCEMENT OF THE BUSINESS 1 This church facility shall not include any child day care or pre- school activities, except during church services. Code Enforcement 2 No outdoor uses and/or assembly or outdoor storage shall occur on the property. Code Enforcement 3 Church services shall be permitted from 7:00 p.m. to 11:00 p.m. on weekdays and any time on weekends. Incidental church office uses are not subject to this restriction. Code Enforcement 4 No portable signage shall be utilized to advertise the church. Code Enforcement 5 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. Code Enforcement 6 Rear entrance doors shall be numbered in the same address numbers or suite number of the business. Minimum height of 4" recommended. Police Department 7 All exterior doors to have adequate security hardware, e.g. deadbolt locks. Police Department 8 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: http: // www.anaheim.net /article.asp ?id =678. Police Department GENERAL 9 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 Plans), and as conditioned herein. Planning EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2011-05559 (DEV2011- 00044) 5 PC2011 -057