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Resolution-PC 2017-057RESOLUTION NO. PC2017-057 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AND ADOPTING CONDITIONAL USE PERMIT NO. 2017-05924 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2017-00059) (530 NORTH DALE AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for Conditional Use Permit No. 2017-05924 to permit the temporary relocation of the Braille Institute, to include a temporary modular unit, at an existing church campus (the "Proposed Project") on the real property located at 530 North Dale Avenue 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, approximately 1.86 acres in size, is currently developed with a church campus and accessory classroom space. The Property is located within the "R -L" Residential -Low land use designation of the Anaheim General Plan. The Property is also located in the "T" Transition Zone and is subject to the zoning and development standards contained in Chapter 18.14 (Public and Special -Purpose Zones) of the Anaheim Municipal Code (the "Code"); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 26, 2017 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 Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2017-05924 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 1 — Existing Facilities) which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment or topographical features, involving negligible or no expansion of use beyond that existing at the time of adoption of this resolution, and that, therefore, pursuant to Section 15301 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and -1- PC2017-057 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 Conditional Use Permit No. 2017-05924, does find and determine the following: 1. The request for a conditional use permit for an Educational Institution — Business use and a temporary modular unit are authorized within the "T" Transition Zone, subject to a conditional use permit; and 2. The proposed use of the existing church campus will not adversely affect the surrounding land uses, or the growth and development of the area in which it is proposed to be located because the Proposed Project will operate during off peak hours and additional parking spaces will be supplied to address the loss of spaces due to the location of the modular unit; therefore, there will not be an overlap of the uses on-site, nor will the use result in an insufficient number of parking spaces available on site; and 3. The size and shape of the site for the educational institution is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety to the citizens of Anaheim. 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 the Proposed Project will not exceed the anticipated volumes of traffic on the surrounding streets and adequate parking will be provided to accommodate the proposed use. The institution will operate during off peak hours, temporarily reduce enrollment capacity, and add additional parking spaces and a parking attendant to ensure parking is accommodated entirely on site during the temporary use of the church campus. Therefore, no additional traffic is proposed to be generated by the temporary use. 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 since the proposed project is temporary in nature and shall relocate to the adjacent parcel within a period of two years. WHEREAS, this 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. This 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, pursuant to the above findings, this Planning Commission does hereby approve Conditional Use Permit No. 2017-05924, contingent upon and subject to the conditions of approval set forth 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 that portion of the Property for which Conditional Use Permit No. 2017-05924 is applicable in order to preserve the health, safety and general welfare of the citizens of the City of -2- PC2017-057 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, (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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 26, 2017. 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. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3- PC2017-057 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 June 26, 2017, by the following vote of the members thereof- AYES: hereof AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE, KEYS, LIEBERMAN NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: WHITE IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of June, 2017. '00�01 SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2017-057 EXHIBIT "A„ DEV NO. 2017-00059 APN. 070-641-26 a r� v HOLLY WAY �e PLANETARY DR IIH '..wur..w..r..wuw.r.. r..r um.d r.. w..r.•r..w..r... R,.r.........,..rt.wr W CRESCm AVE �; 239` v5 w d w � 0 UU Q z 163` W STOCKTON AVE 2t CG N � 14' W SAYLOR AVE t— W Q L'3 F- 0 V1 l.1 w Z W CORNELL PL Ln v Sauce' Recarttett Tract Maps andlor City GIS Please note the accuracy is *J- two to five feet. -5- PC2017-057 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2017-05924 (DEV2017-00059) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS 1 The facility shall operate in accordance with the Letter of Planning Division, Operation submitted as part of the application. Any changes to the Planning and Building facility's operation described in the Letter of Operation shall be Department subject to review and approval by the Planning Director to determine substantial conformance with said letter and to ensure compatibility with the surrounding uses. 2 The facility shall operate in accordance with the Parking Mitigation Planning Division, Plan submitted as part of the application, including the use of a Planning and Building parking attendant on Sunday's, during peak parking demand Department periods, to monitor the use of the 20 tandem parking spaces. Any changes to the facility's parking operations described in the Parking Mitigation Plan shall be subject to review and approval by the Planning Director to determine substantial conformance with said letter and to ensure compatibility with the surrounding uses. 3 This Conditional Use Permit shall be permitted for a period of two Planning Division, years from the date of this approval. Planning and Building Department 4 Building permits shall be obtained for the installation of the Building Division, temporary modular unit. Planning and Building Department 5 The Applicant is responsible for paying all charges related to the Planning Division, processing of this discretionary case application within 30 days of Planning and Building the issuance of the final invoice or prior to the issuance of building Department 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- PC2017-057 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 6 The Applicant shall defend, indemnify, and hold harmless the City Planning Division, and its officials, officers, employees and agents (collectively Planning and Building referred to individually and collectively as "Indemnitees") from Department 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. 7 The property shall be developed substantially in accordance with Planning Division, plans and specifications submitted to the City of Anaheim by the Planning and Building applicant and which plans are on file with the Planning Department Department and as conditioned herein. -7- PC2017-057