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RES-2013-008 RESOLUTION NO. 2013 -008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2008 -05348 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. (DEV2012- 00069) WHEREAS, on October 23, 2008, the Planning Commission of the City of Anaheim (the "Planning Commission "), by its Resolution No. PC2008 -103, granted Conditional Use Permit No. 2008 -05348 (herein referred to as the "Original CUP "), to permit a church with fewer parking spaces than required by the Anaheim Municipal Code (the "Code ") for that certain real property located at 8095 E. Crystal Drive in the City of Anaheim, County of Orange, State of California, generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); and WHEREAS, the Planning Commission did receive a verified petition for an amendment to the Original CUP to expand church services and activities at the Property; and WHEREAS, the Property is developed with a church facility and is located in the I (SC) (Industrial, Scenic Corridor) Zone. 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 November 19, 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 Chapter 18.60 of the Code, to hear and consider evidence for and against the proposed amendment to the Original CUP and to investigate and make findings and recommendations in connection therewith; and 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, did find and determine under the California Environmental Quality Act (Public Resources Code Section 21000 et seq. (herein referred to as "CEQA ") that the proposed amendment to the Original CUP is within that class of projects which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of its determination, and that, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the proposed amendment to the Original CUP would not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission did adopt its Resolution No. PC2012 -089 approving an amendment to the Original CUP to permit the expansion of church services and activities at the Property (herein referred to as the "Proposed Project "); and WHEREAS, within the time prescribed by law, an interested party or parties did appeal the decision of the Planning Commission to the Anaheim City Council; and WHEREAS, thereafter, the City Council did set the matter for a de novo hearing, which public hearing was duly noticed in the manner provided by law; and WHEREAS, at the time and place fixed for said public hearing, the City Council did hold and conduct such public hearing and did give the appellant and all persons interested therein an opportunity to be heard and did receive evidence and reports, and did consider same; and WHEREAS, the City Council does hereby find and determine that the Proposed Project is within that class of projects which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, after careful consideration of the recommendations of the Planning Commission and all additional evidence and reports offered at said public hearing before the City Council, this City Council does hereby find and determine, with respect to the Proposed Project, that all of the conditions and criteria set forth in the Anaheim Municipal Code are present, as follows: 1. The proposed amendment to Conditional Use Permit No. 2008 -05348 to expand services and activities at an existing church at the Property is properly one for which a conditional use permit is authorized by Section 18.10.030.040.0402 (Community and Religious Assembly) of the Code. 2. The proposed amendment to Conditional Use Permit No. 2008 - 05348, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. The church will continue to operate in a consistent manner which is not detrimental to the adjacent properties. 3. The size and shape of the site for the use is adequate to allow the full development of the Proposed Project in a manner not detrimental to the particular area or to the health and safety because the facilities on the Property will adhere to all required land use standards. 4. The traffic generated by the Proposed Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the expanded services and activities are limited during normal business hours and the majority of the church operations will occur during offsetting hours from the businesses in the vicinity. 5. The granting of the proposed amendment to Conditional Use Permit No. 2008- 05348 under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed expanded services and activities will be 2 compatible with the surrounding area through conditions of approval for the use and is not a health or safety risk to the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anaheim, for the reasons hereinabove specified, does hereby approve the proposed amendment to Conditional Use Permit No. 2008 -05348 to expand the services and activities of an existing church at the Property, subject to the conditions of approval attached to this Resolution as Exhibit B, which amend the conditions of approval set forth in Resolution No. PC2008 -103 (the "Previous Conditions of Approval "). Except as specifically amended hereby, the Previous Conditions of Approval shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the conditions of approval attached to this Resolution as Exhibit B and the Previous Conditions of Approval, the conditions of approval attached to this Resolution as Exhibit B shall control and govern the Property. BE IT FURTHER RESOLVED that 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 Code. BE IT FURTHER RESOLVED that the City Council 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 and attached hereto. 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. (Remainder of page intentionally left blank; signatures on next page) 3 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 15th day of January , 2013, by the following roll call vote: AYES: Mayor Tait, Council Members Eastman, Brandman, Kring and Murray NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM By: K MAYOR OF THE CITY OF ANAHEIM ATTEST: '�11L ( h_ LOP lam. CITY CLERK OF THE CITY OF ANA , EIM 93022 4 EXHIBIT "A" DEV NO. 2012 -00069 - ARN. 352-211-10 ---- E LA pA> -Mix AVE ysK' a ilk * ,01.s... A......1.11r ".."•••■.,..,. #1 $.\ 0 so ©_ Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/- two to five feet. EXHIBIT "B" AMENDMENT TO CONDITIONAL USE PERMIT NO. 2008-05348 (DEV2012- 00069) REVIEW SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY ;,1 !e° e 'vat ss � , a'�w �k .. ,,, ... _: � ., _.... , ... .. ,. , =o., , , , - <,- , .,,s ,. . sue. ;+ r ., •. - ,.r ' ,... _. 1 That all property used for off -site parking shall be under agreement approved as to form by the City Attorney. The Planning agreements shall be recorded in the Office of the County Department, Recorder, and a recorded copy filed with the Planning Planning Department and, further, shall specify the number and Services location of the off -site parking spaces and assure that the Division spaces shall be accessible and available at all times for parking in conjunction with the use for which the parking spaces are required. These agreements shall be recorded and provided to the Planning Department within 90 days of final approval of this permit. 2 A plan to include supervisory measures shall be provided and reviewed to the satisfaction of the Anaheim Police Police Department to deter unlawful conduct of patrons, to promote Department the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to the surrounding properties created by patrons entering or leaving the premises. This supervisory plan shall include an adequate number of security personnel as deemed necessary by the Police Department. 3 Any and all security officers provided shall comply with all State and Local ordinances regulating their services, including, Police without limitation, Chapter 11.5 of Division 3 of the California Department Business and Profession Code. (Section 4.16.070 Anaheim Municipal Code) 4 The number of persons attending any event shall not exceed the maximum occupancy load as determined by the Anaheim Police Fire Department. Signs indicating the occupant load shall be Department posted in a conspicuous place on an approved sign near the main exit. (Section 25.114(a) Uniform Fire Code) 5 The doors shall remain closed at all times that entertainment is permitted, except during times of entry or exit, emergencies Police and deliveries. (Section 4.18.110 Anaheim Municipal Code) Department 6 Petitioner(s) shall police the area under their control in an effort to prevent the loitering of persons about the premises. Police Department 7 That all events shall conclude no later than 12:00 a.m. and Planning security personnel shall be stationed in a manner to ensure Department, that patrons leaving the facility do not disturb adjacent Planning businesses. Services 8 Adequate lighting of parking lots, driveway, circulation Police areas, aisles, passageways, recesses and grounds contiguous Department to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on -site. Said lighting shall be decorative and complementary to the architecture of the building. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 9 There shall be no amplified music permitted outside of the Police building. 10 No outdoor activities involving gathering of persons shall be Planning permitted on -site. Department, Code Enforcement Division 11 The applicant shall be responsible for maintaining the area Planning adjacent to the premises over which they have control, in an Department, orderly fashion through the provision of regular maintenance Code and removal of trash or debris. Any graffiti painted or Enforcement marked upon the premises or on any adjacent area under the Division control of the licensee shall be removed or painted over within 24 -hours of being applied. 12 The property shall be developed substantially in accordance Planning with plans and specifications submitted to the City of Department, Anaheim by the applicant and which plans are on file with Planning the Planning Department marked Exhibit Nos. 1 (Site Plan) Services and 2 (Floor Plan), and as conditioned herein. Division