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Resolution-PC 2014-117RESOLUTION NO. PC2014 -117 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2013 -05688 AND VARIANCE NO. 2014 -04993 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00084) (2508 WEST WOODLAND DRIVE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission ") did receive a verified petition to approve (i) Conditional Use Permit No. 2013- 05688 to permit a church within an existing industrial building, and (ii)Variance No. 2014 -04993 to permit fewer parking spaces than required by the Anaheim Municipal Code (the "Code ") for premises located on that certain real property at 2508 West Woodland Drive (collectively referred to herein as the "Proposed Project ") 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 .55 -acre in size and is developed with an industrial building. The Property is located in the "I" Industrial Zone and is designated for Industrial land uses in the General Plan; and WHEREAS, on December 15, 2014, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2013 -05688 and Variance No. 2014 - 04993, 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 (i.e., Class 1 — Existing Facilities) 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 a church within an existing industrial building with fewer parking spaces than required by the Zoning Code, does find and determine the following facts with respect to proposed Conditional Use Permit No. 2013 - 05688: The proposed request to allow a church in an existing industrial building within the "P' Industrial Zone is properly one for which a conditional use permit is authorized by subsection .010 of Section 18.10.030 (Uses) of the Code; and - I - PC2014 -117 2. The proposed conditional use permit to allow a church in an existing industrial 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 church use will occur when adjacent businesses are closed; and 3. The size and shape of the site for the use is adequate to allow the full development of the church in a manner not detrimental to the particular area or to the health and safety because the use will be entirely within an existing building; and 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 traffic generated by this use will occur during off peak hours of the adjacent businesses; 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 as the proposed the church will be compatible with the surrounding area because the use is integrated with other uses on within the commercial center and is not a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the Planning Commission does further find and determine that the request for a variance to permit less parking than required by the Code in conjunction with the proposed church an existing industrial building should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (42 spaces required; 16 spaces existing) 1. That the variance, under the conditions imposed, if any, 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. A parking demand /operational letter was prepared by the applicant indicating that the current number of parking spaces, along with 38 additional parking spaces on adjacent property, is sufficient to accommodate the use; and 2. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because on -site parking and parking provided by the adjacent industrial properties for use by the church would adequately accommodate the parking demands of the proposed church; and 3. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity. The church would generate a peak parking demand of 38 parking spaces, while 54 spaces would be available including parking provided by the adjacent industrial properties; and 4. That the variance, under the conditions imposed, if any, 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 -2- PC2014 -117 5. That the variance, under the conditions imposed, if any, 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. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2013 -05688 and Variance No. 2014 - 04993, 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 Anaheim Municipal 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 Anaheim Municipal 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. -3- PC2014 -117 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 15, 2014. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. 4 :a'�( rr�� CHA MAN, PL NG COMMISSION F E CITY O AHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on December 15, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 15 day of December, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2014 -117 EXHIBIT " A " DEV NO. 2013 -00084 o so ioo F O Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feet. -5- PC2014 -117 W LA PA LMA AVE EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2013-05688 AND VARIANCE NO. 2014 -04993 (DEV2013- 00084) -6- PC2014 -117 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT OPERATIONAL CONDITIONS 1 No required parking area shall be fenced or otherwise enclosed Planning Department, for outdoor storage. Code Enforcement 2 The church shall be operated in accordance with the Letter of Request and Parking Letters submitted as part of this Planning Department, application. Any changes to the church operation as described Planning Services Division in that document shall be subject to review and approval by the Planning Director. 3 This church facility shall not include any child day care or pre- Planning Department, school activities, except during church services. Code Enforcement 4 No portable signs shall be utilized to advertise the church. Planning Department, Code Enforcement 5 The property shall be permanently maintained in an orderly Planning Department, Code fashion through the provision of regular landscaping Enforcement Division maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 6 All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make Police Department clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. 7 Applicant shall complete a Burglary /Robbery Alarm Permit application, Form APD 516, and return it to the Police Police Department Department prior to initial 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 8 The project shall be shown to comply with the requirements of Fire Department an A occupancy in accordance with the 2010 California Building Code. -6- PC2014 -117 -7- PC2014 -117 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 9 The applicant shall enter into a license, lease or rental Planning Department, agreement with the owner of the adjacent property located at Planning Services Division 2512 -2516 West Woodland Drive granting to the applicant and its invitees a revocable, non - exclusive right to park in 38 parking spaces and to use the roadways and driveways for ingress and egress solely for the purpose of accessing the parking spaces on Sundays from 9:30 a.m. to 1:30 p.m. Said instrument shall not be revoked, terminated, amended or modified in any manner that would materially and adversely affect the rights of the applicant to use the parking spaces and the roadways and driveways without giving prior written notice to the City of Anaheim; provided, however, that the owner of 2512 -2516 West Woodland Drive shall have no obligation to so notify the City. The license, lease or rental agreement shall be in a form acceptable to the City Attorney and thereafter recorded in the Official Records of the County of Orange. A recorded copy of said instrument shall be filed with the Planning Division. GENERAL CONDITIONS 10 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 Planning Department, days of the issuance of the final invoice or prior to the issuance planning Services Division of 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. 11 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents Planning Department, (collectively referred to individually and collectively as "Indemnitees ") Planning Services Division 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. 12 The Property shall be developed substantially in accordance Planning Department, with plans and specifications submitted to the City of Anaheim Planning Services Division by the applicant and which plans are on file with the Planning Department and as conditioned herein. -7- PC2014 -117