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Resolution-PC 2003-128• RESOLUTION NO. PC2003-128 u A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2002-04591, AND AMENDING THE CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2002-134, ADOPTED THEREWITH WHEREAS, on September 9, 2003, the Anaheim City Planning Commission did, by its Resolution No. PC2002-134, grant Conditional Use Permit No. 2002-04591 to permit a church in conjunction with a permitted training facility in an existing office building at 150 West Vermont Avenue with waiver of minimum number of parking spaces (127 spaces required, 115 spaces approved); and that said resolution includes the following condition of approval: That the operation of the church shall expire one (1) year from the date of this resolution, on September 9, 2003. WHEREAS, this property is developed with an office building (formerly, Automobile Association of America facility) including the subject church (Conservative Baptist Association of Southern California); that the zoning is CL(SABC) (Commercial, Limited - South Anaheim Boulevard Corridor Overlay); and that the Anaheim General Plan designates this property for Low-Medium Density Residential land uses; and WHEREAS, pursuant to Code Section 18.03.093 of the Anaheim Municipal Code, the petitioner proposes to retain the church and has requested deletion of Condition No. 1 pertaining to the 1-year time timitation; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 8, 2003, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said 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, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code. 2. That the use, as proposed to be amended, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. 3. That the size and shape of the site for the use, as proposed to be amended, is adequate to allow full development of the use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. That the traffic generated by the use, as proposed to be amended, will not impose an undue burden upon the streets and highways designed and improved to carry traffic in the area. 5. That granting this reinstatement, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 6. That this conditional use permit is being exercised in substantially the same manner and in conformance with all conditions and stipulations originally approved by the Planning Commission, as shown by Code Enforcement inspection of the premises. Tracking No. CUP2003-04748.doc CR\PC2003-128.doc -1- PC2003-128 • • 7. That this conditional use permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare, as evidenced by the absence of Code Enforcement complaints for the property. 8. That there have been no changes to the applicable zoning and land use standards that would invalidate the findings that were the basis for the original approval of this conditional use permit. 9. That deletion of the time limitation is necessary to permit reasonable operation under the conditional use permit as originally granted. 10. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report ("EIR") Guidelines and is, therefore, categorically exernpt from the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby reinstate and approve Conditional Use Permit No. 2002-04591 to permit a church in conjunction with a training facility in an office building with waiver of minimum number of parking spaces (127 spaces required, 115 spaces approved) without any time limitation; and that the conditions of approval adopted in connection with Resolution No. 2002-134 be amended in their entirety to read as follows: 1. Th~t no portable signage shall be utili~ed-to-ad~ertise th_ e church. 2. That no bells audible outside the building shall be permitted. 3. That Special Event Permits may be issued for banners only; and that due to the proximity of residential land uses, no outdoor events shall be permitted at this location. 4. That the only accessory school activity shall be Sunday School; and that this facility shall not be used as a private daycare, nursery, elementary, junior and/or senior high school. 5. That the adult congregation shall be limited to fifty (50) persons at any one time. If the number of congregates exceeds fifty (50) at any one time, the petitioner shall submit an updated parking study to the Traffic and Transportation Manager for review and approval, and following such review the proposal to increase the size of the adult congregation shall be considered by the Planning Commission at a noticed public hearing. 6. That gates shall not be installed across any driveway in a manner which may adversely affect vehicle traffic in the adjacent public streets. Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to review and approval by the City Traffic and Transportation Manager. 7. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscape maintenance, removal of trash or debris, and removal of gra~ti within twenty four (24) hours from time of occurrence. 8. That the church and training facility shall not operate at the same time to ensure that adequate on-site parking is provided at all times. 9. That a landscaping plan shall be submitted to the Zoning Division for review and approval. The plan shall show a total of eight (8) trees along the Vermont Avenue frontage and eighteen (18) trees afong the Lemon Street frontage. All trees shall be minimum twenty four (24) inch box sized. Said trees shall be planted within thirty (30) days after the landscaping plan is approved, and shall thereafter be maintained in a live and healthy condition. -2- PC2003-128 • • 10. That the on-site landscaping and irrigation system shall be maintained in compliance with city standards. 11. That three (3) foot high address numbers shall be displayed on the building roof in a contrasting color to the roof material. The numbers shall not be visible to the street or adjacent and nearby properties. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division, approval. 12. That any signage identifying the church activities, beyond those legally existing on the date of this resolution, shall be reviewed and approved by the Planning Commission as a'Reports and Recommendations' item. 13. That only the two thousand one hundred ninety nine (2,199) square foot assembly area shown on the approved exhibits shall be utilized as church assembly area. 14. That subject property shall be maintained substantially in 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 Nos. 1 and 2, and as conditioned herein. 15. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of Septernber 8, 20f?3. ~ ANAHEIM CITY PLANNING COMMISSION A' OR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, Senior 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 September 8, 2003, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: VACANCY: COMMISSIONERS: IN WITNESS WHE , 2003. BOSTWICK, EASTMAN, FLORES, ROMERO, VANDERBILT NONE O'CONNELL ONE SEAT REOF, I have hereunto set my hand this ~ day of ~ IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2003-128