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Resolution-PC 2013-026RESOLUTION NO. PC2013 -026 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2012 -05649 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2012- 00148) (1357 SOUTH LEWIS STREET) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission ") did receive a verified petition to approve Conditional Use Permit No. 2012 -05649 to permit a religious and community assembly hall within an industrial building (herein referred to as the "Proposed Project ") within an integrated industrial complex located at 1.357 South Lewis Street in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); and WHEREAS, the industrial building within which the Property is located is approximately .41 -acres in size and is developed with an existing industrial building. The Property is located in the Industrial (I) 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 March 11, 2013 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 (Procedures) of the Anaheim Municipal Code (herein referred to as the "Code "), 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, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seg.; herein referred to as "CEQA" ), the Planning Commission finds and determines 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, therefore, 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, 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 to , does find and determine the following facts: 1. The Proposed Project is properly one for which a conditional use permit is authorized under Section No. 18.10.030.010 of the Code. 2. The Proposed Project 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 industrial complex are closed; - 1 - PC2013 -026 3. The size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because the property is currently improved with an industrial complex with no proposed expansion; and 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 traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets and there is adequate parking on -site to accommodate the use. Further, the church will operate during hours of off -peak parking demand of other uses in the complex; 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2012 - 05649, contingent upon and 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 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 Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 1.8.60.200 (City - Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the 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 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- PC2013 -026 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of ,arch 11, 2013. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 'rocedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be eplaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CITY PLrING COMMISSION ATTEST: lnel " SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 March 11, 2013, by the following vote of the members thereof. AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this l l day of March, 2013. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3 - PC2013 -026 3. The size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because the property is currently improved with an industrial complex with no proposed expansion; and 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 traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets and there is adequate parking on -site to accommodate the use. Further, the church will operate during hours of off -peak parking demand of other uses in the complex; 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2012 - 05649, contingent upon and 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 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 Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation 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 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 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- PC2013 -026 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 11, 2013. 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 event of an appeal. IcAnM CHAIR, ANAHEIM CITY PL ING COMMISSION ATTEST: 1 _ z � SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 March 11, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this l l day of March, 2013. i SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3 - PC2013 -026 EXHIBIT "A" DEV NO. 2012 -00148 a� a su 100 Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feet. -4- PC2013 -026 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 11, 2013. 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 event of an appeal. CHAIR, ANAHEIM CITY PL ING COMMISSION ATTEST: /XP�o z SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 March 11, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this I V day of March, 2013. e SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2013 -026 EXHIBIT "A" DEV NO. 2012 -00148 u r r n mn Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is + / - two to five feet. -4- PC2013 -026 EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2012-05649 (DEV2012- 00148) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL 1 This church facility shall not include any child day care or pre- Code school activities, except during church services. Enforcement 2 No outdoor uses and/or assembly or outdoor storage shall occur Code on the property. Enforcement 3 Church services shall be permitted from 6:30 p.m. to 11:00 p.m. Code on weekdays, with no time restrictions on weekends provided Enforcement appropriate parking agreements are in place for the code required parking. Incidental church office uses are not subject to this restriction. 4 No portable signage shall be utilized to advertise the church. Code Enforcement 5 No required parking area shall be fenced or otherwise enclosed Code for outdoor storage. Enforcement 6 The property shall be permanently maintained in an orderly Code fashion through the provision of regular landscaping Enforcement maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 7 Prior to commencement of the use, reciprocal parking Planning agreements shall be submitted to Planning Department staff, in a form acceptable to the City Attorney, in order to provide required parking. 8 The subject property shall be developed substantially in Planning 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. -5- PC2013 -026