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Resolution-PC 2013-033RESOLUTION NO. PC2013 -033 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2012 -05607 AND VARIANCE NO. 2013- 04928 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2012- 00049) (225 NORTH STATE COLLEGE BOULEVARD) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2012 -05607 and Variance No. 2013 -04928 to permit a church within an existing commercial building with less parking spaces than required by the Anaheim Municipal Code (herein referred to as the "Code ") for certain real property located at 225 North State College Boulevard in the City of Anaheim, County of Orange, State of California , as more particularly shown in Exhibit A, attached hereto and incorporated herein by this reference (the "Property "); and WHEREAS, the Property, consisting of approximately .74- acres, is developed with two commercial buildings measuring approximately 8,407 square feet consisting of the proposed church facility and a real estate office business. The Property is located in the General Commercial zone. The Anaheim General Plan designates the Property for Mixed -Use land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 8, 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 of the Code, to hear and consider evidence for and against said proposed conditional use permit 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 seq.; 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 permit a church within an existing commercial building does find and determine the following facts: 1. The proposed request to establish a church in the General Commercial (C- G) zone is properly one for which a conditional use permit is authorized by Section 18.10.030.010 (Community and Religious Assembly) of the Code. 2. The proposed conditional use permit to establish a church in an existing commercial building, 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 because the building is surrounded by and integrated with similar buildings and uses; and the peak parking demand for the proposed church will occur when the real estate office use is not operating on the property. 3. The size and shape of the site for the use is adequate to allow the full development of the proposed church in a manner not detrimental to the particular area or to the health and safety because the proposed church will be located within an existing commercial building and is surrounded by compatible commercial uses. 4� The traffic generated by the proposed church will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the peak traffic generated by this use will occur in the evening hours with no simultaneous activities during this time generating no additional traffic on adjacent highways. 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 as the proposed church facility will be compatible with the surrounding area because the use is integrated with other uses within the commercial center. WHEREAS, the Planning Commission does further find and determine that the request for a variance for less parking than required by Code should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (43 spaces required; 30 spaces proposed) 1. Based upon the operational plan/parking demand analysis prepared by the applicant, dated January 9, 2013, the variance, under the conditions imposed, will not cause fewer off -street parking spaces to be provided for the proposed use 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 such use. Said operational plan/parking demand analysis states that the current number of parking spaces within the commercial property is sufficient to accommodate both uses on the site. The operational plan/parking demand analysis indicates that only 25 parking spaces will be required by the proposed use during peak demand operating hours based on the number of church members and four spaces for the real estate office use for a total of 29 parking spaces. The site will provide 30 standards spaces, plus I 1 non - conforming compact spaces for a total of 41 spaces; -2- PC2013 -033 2. That the variance, under the conditions imposed, 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 within the commercial property will adequately accommodate the peak parking demands of the proposed church and the other use on the site; 3. That the variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the on -site parking for the church will adequately accommodate peak parking demands of both uses on the site. Tite church generates a peak parking demand of 25 parking spaces and the real estate office generates a demand of four spaces; 4. That the variance, under the conditions imposed, , will not increase traffic congestion within the off - street parking areas or lots provided for the proposed use because the project site provides adequate ingress and egress points to the property and are designed to allow for adequate on -site circulation; and 5. That the variance, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the project site has existing ingress or egress access points that are designed to allow adequate on -site 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2012 -05607 and Variance No. 2013- 04928, 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 said 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. -3- PC2013 -033 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 8, 2013. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR PRO- TEMPORE, ANAHEIM CITY PLANNING COMMISSION V "11 Wu SH'RPT \RY i \N.?1 El✓ ,/I f'4 T Y P- ANNING C'OMN/I;_SSION -4- PC2013 -033 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 April 8, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, FAESSEL, PERSAUD, SEYMOUR NOES: COMMISSIONERS: LIEBERMAN ABSENT: COMMISSIONERS: RAMIREZ IN WITNESS WHEREOF, I have hereunto set my hand this 8 day of April, 2013. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2013 -0 3 EXHIBIT "A" i' 1 ti -6- PC?0; -0 EXHIBIT "B" CONDITIONAL, USE PERMIT NO. 2012-05607 AND VARIANCE NO. 2013-04928 (DEV2012- 00049) NO. CONDITIONS OF APPROVAL. REVIEW BY SIGNED OFF BY PRIOR TO ISSUANCE OF A BUILDING PERMIT 1 That all requests for new water services or fire lines, as well as Public any modifications, relocations, or abandonment of existing water Utilities -Water services and fire lines, shall be coordinated through Water Engineering Engineering Division of the Anaheim Public Utilities Department. The owner /developer shall be responsible for the costs to install, modify, or relocate any water service, fire line or fire hydrant within 60 days of approval of this permit. 2 The applicant shall comply with the requirements of an A Fire Occupancy in accordance with the 2010 Uniform California Department Building Code. Plans and specifications shall be provided to the Building Department showing compliance with this condition prior to issuance of a building permit. 3 The applicant shall remove and replace the existing driveway on Public Works - State College Boulevard. The driveway shall be installed per Development standard detail number 115 -8. A right -of -way construction Services permit shall be obtained from the Public Works/Development Services Division for all work performed in the right -of -way. The improvements shall be constructed prior to final building and zoning inspection. 4 All new parking spaces serving the church use shall be striped as Planning shown on the site plan and per Code requirements. Parking lot Department striping shall be provided, per City Standard Detail No. 470, in areas where striping is deteriorating. Disabled parking spaces shall be provided in accordance with the Americans with Disabilities Act and City Standard Detail No. 436 -G, GENERAL COVDITIOVS 5 The Applicant shall defend, indemnify, and hold harmless the Planning City and its officials, officers, employees and agents (collectively Department referred to individually and collectively as "Indemnitees ") from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, dama es, fees and/or costs awarded a ainst or incurred by -7- pC2Ol. i -033 -8- PC2013 -033 Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 6 The property shall be permanently maintained in an orderly Code fashion through the provision of regular landscaping maintenance, Enforcement removal of trash or debris. 7 Adequate lighting of parking lots, passageways, recesses, and Planning grounds contiguous to the building shall be provided with lighting Department of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the I premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on -site. All exterior doors shall have their own light source. which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. 8 The church shall be operated in accordance with the Operational Planning Plan/Parking Demand Letter submitted as part of this application. Department Any changes to the operation as described in the Operational Plan/Parking Demand Letter shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Operation and Parking Demand Letter and to ensure compatibility with the surrounding uses. The hours of operation for the church are Monday through Friday, 9:00 a.m. to 5:00 p.m. for administrative activities. Weeknights from 7:00 p.m. to 10 :00 p.m. for worship and bible study. Saturdays from 7:00 p.m. to 10:00 p.m, for a youth service and all day Sunday for church services and children's Sunday school. The hours of operation may be modified subject to prior review and approval by Planning Director_ 9 All activities related to the use shall occur indoors, except as may Cade be permitted by an authorized Special Event Permit. Enforcement 10 No required parking area shall be fenced or otherwise enclosed for Code outdoor storage. Enforcement 11 Any graffiti painted or marked upon the premises or on any Code adjacent area under the control of the property owner shall be Enforcement removed or painted over within 24 hours of being applied. 12 The Property shall be developed substantially in accordance with Planning plans and specifications submitted to and reviewed by the City of Department Anaheim and which plans are on file with the Planning Department herein marked Exhibit No. 1 (Site Plan) and Exhibit No. 2 (Floor Plans, Sheets 1 and 2) and as conditioned herein, -8- PC2013 -033