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Resolution-PC 2012-004RESOLUTION NO. PC2012 -004 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND CONDITIONAL USE PERMIT NO. 2011-05563 AND VARIANCE NO. 2011 -04879 (DEV2011- 00058) (808 WEST VERMONT AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2011- 05563, to permit a religious and community assembly facility 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 office building, located in the General Commercial 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 January 18, 2012, 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. 18.08.030.0402. 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 maintains a limited congregation with a sanctuary area that is less than 1,000 square feet in size; 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 area; 1 PC2012 -004 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: church: That the applicant requests a variance from the following Code Section to permit a SECTION NO. 18.42.040.010 Minimum number of parking spaces. (29 spaces required for the church; 25 spaces proposed) 1. The requested 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 anticipated for the proposed use under the normal and reasonably foreseeable operation of such use as indicated in the parking study dated November 2011 prepared by Kimley Horn and Associates. 2. 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, as indicated in the aforementioned parking study which concludes that the proposed 25 parking spaces are adequate to meet the peak demand of the church. 3. The variance will not increase the demand and competition for parking spaces upon adjacent properties in the immediate vicinity of the proposed use as will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the project. Current parking utilization in the adjacent lots is low and at different days of the week then the church and the project is not expected to generate any additional parking demand. 4. The variance will not increase traffic congestion within the off - street parking areas provided for the proposed use. The off -site parking lot serving the site provides 17 spaces and eight additional spaces within the garage. Parking surveys conducted as part of the parking study indicate that during peak parking occupancy, only 20 spaces are anticipated to be occupied. 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 approve Conditional Use Permit No. 2011 -05563 and Variance No. 2011 -04879 to permit a church on property located at 808 West Vermont Avenue with less parking spaces than required by Code. - 2 - PC2012 -004 BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby grant Conditional Use Permit No. 2011 -05563 and Variance No. 2011 -04879 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. 13E 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 January 18, 2012. 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 R,e oluti n in the event of an appeal. ATTEST: CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION SENIOR S ,CRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2012 -004 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 January 18, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, LIEBERMAN, PERSAUD, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: FAESSEL, RAMIREZ IN WITNESS WHEREOF, I have hereunto set my hand this 18` day of January, 2012. SENIOR SEC ARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2012 -004 EXIE1IBIT "A" DEV NO. 2011 -00058 1 so inn Feet Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 5 PC2012 -004 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL 1 All garage doors facing the alley to the east of this site shall remain open and accessible during those times when worship services are being conducted. Code Enforcement 2 Worship services shall only be held in the proposed 936 square foot sanctuary area. During those times when church services are being conducted, no other meeting activities shall take place on the premises except for children's religious and cultural education classes. Code Enforcement 3 This church facility shall not include any child day care or pre- school activities, except during church services. Code Enforcement 4 Worship services shall be limited to Sundays only. Code Enforcement 5 No more than two persons shall reside on the premises. Code Enforcement 6 No outdoor uses, assembly or outdoor storage shall occur on the property. Code Enforcement 7 No portable signs shall be utilized to advertise the church. Code Enforcement 8 Prior to final occupancy of the proposed sanctuary area, the existing parking lot shall be restriped according to the approved site plan. The existing raised concrete light standard base located along the southernmost row of parking spaces shall also be removed. Planning 9 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 10 All exterior doors to have adequate security hardware, e.g. deadbolt locks. Police Department I 1 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 EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2011-05563 AND VARIANCE NO. 2011-04879 (DEV2011- 00058) 6 PC2012 -004 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 12 Granting of the parking variance is contingent upon operation of this facility in conformance with the assumptions and /or conclusions relating to the operation and intensity of use as contained in the parking study dated November 2011 prepared by Kimley Horn and Associates, which formed the basis for approval of said variance. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in the parking study, may subject this variance to termination pursuant to the provisions of Chapter 18.60 - Procedures of the Anaheim Municipal Code. Planning Department, Code Enforcement Division 13 Within 180 days of approval of this conditional use permit and variance, or prior to final occupancy of the proposed sanctuary area, whichever occurs first, all required permits shall be obtained for the 380 square foot "receiving area" and the 936 square foot "storage area" that is proposed for conversion into the sanctuary area. Planning 14 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 Nos. 2 and 3 (Floor Plans), and Exhibit Nos. 4 and 5 (Elevations) as conditioned herein. Planning 7 - PC2012 -004