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Resolution-PC 2013-038RESOLUTION NO. PC2013 -038 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2013 -05660 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00024) (8161 EAST KAISER BOULEVARD) 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. 2013 -05660 to permit a religious and community assembly hall within an office building in conjunction with a United States Post Office (herein referred to as the 'Proposed Project ") located at 8161 East Kaiser Boulevard 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 Property is approximately 2.4 -acres in size and is developed with an existing office building. The Property is located in the Office Low (SC) Scenic Corridor Overlay Zone. The Anaheim General Plan designates the Property for Office -Low land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 20, 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 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 for a community and religious assembly hall and to retain a portion of the building for use as a post office by the United States Postal Service ( "USPS "), 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. 18.08.030.010 of the Code. - 1 - PC2013 -038 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 activities will be contained on the subject Property and the United States Post Office is an existing use within the building; 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 office building utilized by the USPS and there is no proposed expansion of the building in order to accommodate the proposed church use; 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. Further, the proposed church will operate during hours of off -peak parking demand of the post office; and 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. 2013 - 05660, 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. -2- PC2013 -038 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 May 20, 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. �91 aygk t.G, ATTEST: CHAIR, ANAHEIM CITY P�N 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 Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on May 20, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL, FAESSEL, PERSAUD IN WITNESS WHEREOF, I have hereunto set my hand this 20 day of May, 2013. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3- PC2013 -038 EXHIBIT "A" DEV NO. 2013-00024 APN: 354 -051 -31 4 G PN� c SPN�P PNP -4- PC2013 -038 Source: Recorded Tract Maps and /or City GIS. reee Please note the accuracy is +/- two to five feet. EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2013-05660 (DEV2013- 00024) 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. Church Enforcement office uses are not subject to this restriction. 4 No portable signs shall be utilized to advertise the church. Code Enforcem 5 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of Planning building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 6 The property shall be permanently maintained in an orderly fashion through the provision of regular landscaping Code maintenance, removal of trash or debris, and removal of graffiti Enforcement within twenty four (24) hours from time of occurrence. 7 "No Trespassing 602(k) P.C." posted at the entrances of parking police lotststructures and located in other appropriate places. Signs must be at least 2' x F in overall size, with white background and black 2" lettering. 8 All entrances to parking areas shall be posted with appropriate signs per 22658(a) C.V.C., to assist in removal of vehicles at the Police property owners/managers request. 9 All exterior doors shall have their own light source, which shall police 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. -5- PC2013 -038 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 10 Building shall be equipped with a comprehensive security alarm system (silent or audible) for the following coverage areas: police 1) Perimeter building and access route protection. 2) High valued storage areas (to include) a) Audio/ Visual room b) Donation collection/counting room c) Room or office containing safe. 11 Complete a Burglary/Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial police alarm activation. This form is 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 12 The existing snorkel driveway shall be closed prior to final Public Works building and zoning inspection. The existing mail drop box may be relocated to any existing landscaped planter area such that vehicle queuing does not block the entrance driveway. 13 The Applicant shall defend, indemnify, and hold harmless the Planning City and its officials, officers, employees and agents (collectively 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, damages, fees and/or costs awarded against or incurred by 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. 14 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. -6- PC2013 -038