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Resolution-PC 2006-87~ ~ RESOLUTION NO. PC2006-87 - A RESpLUTION OF THE ANAHEIM PLANNING COMMISSION THATAETITION FOR CONDITIONAL U3E PERMIT'NO. 2006-05128 BE GRANTED (4999 EAST LA PALMA AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit #or certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL B, AS SHOWN ON THE PLAT ATTACHED TO LOT L,INE ADJU3TMENT LL386 RECORDED SEPTEMBER 16, 1997 AS INSTRUMENT N0. 19970450945 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 2, 2006, at 2:30 p.m:, notice of said public hearing having been duly given as required by law and in accordance with the provisions of #he Anaheim Municipal Code, Chapter 18.60, 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, 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 church is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section Na 18.120.070.050.0511 with the following waiver: SECTION NO: 18.42.040.010 Minimum number of parkina spaces (243 required; 159 proposed) 2: That the parking waiver is hereby approved based upon the parking analysis prepared by the Cify's Independent Traffic Engineer providing evidence that adequate parking exists on the property for the combination of uses on the site; 3. ' That the parking waiver, under the conditions imposed, wil~ not cause fewer off-street parking spaces to be provided for such use than the number of spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonable foreseeable conditions of operation of such use; because sufficient parking spaces will be available immediately surrounding the building for the church uses both on Saturdays, weekdays, and weeknights, and for the research and development facility and wheelchair repair facility located on-site, and there will not fewer off-street parking spaces available for the uses than provided on-site; 4. That the parking wavier, under the conditions imposed, will not increase traffic congestion or demand and competition for parking spaces upon the public street in the immediate vicinity of the use because there is no existing on-street parking available along the frontage of East La Palma Avenue. All parking for this site will be accommodated within the off-street parking lot; 5. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediatevicinity of the proposed use : as all parking spaces will be provided immediately surrounding the building. As indicated by the study, no demand for parking on adjacent private property is anticipated; Cr1PC2006-87 " -1- PC2006-87 ~ ~ 6. That the parking waiver, under the conditions imposed, will not impede vehicular ingress or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. Furthermore, it has been determined by the parking study thaf adequate on=site parking spaces are provided; 7: That the use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located as theparking study has demonstrated that the site can accommodate the combined uses on-site and the existing land uses in the area are light industrial to office uses;' 8. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use as conditioned, in a manner not detrimental to the particular area nor to ' the health and safety. 9. : That the traffic generated by the proposed use will not impose and undue burden upon the streets and highways designed and improved to carry the traffic in the area based on the findings of the , parking study that indicate that adequate parking would be provided on-site and the area is already developed with light industrial uses and office type uses in the vicinity. 10. That 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 because the proposed use is compatible with existing'land uses in the area, and will primarily be operating`when other businesses are closed. : 11. That no one indicated their presence at said public hearing in opposifion; and thatno correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FWDWG: That the Anaheim Planning Commission has reviewed the proposal; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of #he initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the folfowing conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That this establishment shall be operated as a church only. If at any such time the operational characteristics of the church change, a detailed description of the operational changes shall be submitted for review by the City's Traffic and Parking Consultant to determine if the changes would cause fewer off- street parking spaces to be provided than the number of spaces provided on site: If it is determined the expected demand is greater than the spaces provided on site, an application for modification of the conditional use permit shall be submitted to the Planning 8ervices Division for approval by the Planning Commission. ' 2. That church operations shall be limited to the following: (a) Church Services: Monday, Wednesday & Friday: 7:00 PM-11:00 PM Saturday: 11:00 AM - 4:00 PM -2- PC2006-87 ; ~ • 3. 'That this facility shall not be used as a private daycare, nursery, elementary, junior and/or senior high school. Said information shall be specifically'shown on plans submitted for building permits. 4. That no portable signs shaU be utilized to advertise the church. 5. That final sign plans shall be submitted to thePlanning ServicesDivision of the Planning Department for review and approval Any decision by staff regarding signs may be'appealed to the Planning . Commission as a Report and Recommendation' item. 6. That the'property shall be permanently maintained in an orderly fashion through the provisions of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of discovery: 7. That plans showing the existing building conditions and the applicable building codes for the church, shall be submitted to the Building Division for review and approval to ensure compliance with such ' Building Safety Code requirement (i.e., existing requirements and occupancy loads). Said plans shall be prepared by a licensed architect and/or engineer. ' 8. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 9. That at no time shall there be any outdoor storage on the site for the church. 10. That four (4) foot high address numbers shall be displayed that on the roof of the building in contrasting color to the roof material. The numbers shall not be visible to adjacent and nearby streets or properties. Said information shall be specifically shown on plans submitted to the Police Department, Community Services Division, for review and approvaC 11. That if an alarm system is installed, a Burglary/Robbery Alarm Permit application, Form APD 516, shall be completed and submitted to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter. 12. That a Fire Emergency Listing Card, Form APD-281, shall be completed and submitted to the Police Department: Theform is available at the Police Department front counter. 13. That at all times the church is in operation that the security gates shall be opened so that the parking lot to the north is available for use by the church members on Monday, Wednesday and Friday evenings and Saturday afternoons. 14. That the church shall not schedule weekday activities before 7:00 PM on weekdays. This restriction includes weddings, funerals, religious ceremonies, meeting and classes. 15. That the parking area shall be re-striped in conformance with City Standard Detail Nos. 436-G and 470. A plan shall be submitted to the Planning Services Division for review and approval prior to issuance of building permits and the striping shall occur prior to final inspection. 16. That all air conditioning apparatus and other room mounted equipment shall be properly shielded from view from the public right-of-way. Such information shall be specifically shown on the plans submitted for building permits. 17. That an on-site trash truck turn around area shall be provided per Engineering Standard Detail No. 476 or an approved alternative, which shall be shown on plans as required by the Department of Public Works, Sanitation Division. Said information shall be specifically shown on plans submitted for building permits. 18. That there shall not be trash pick-up on Saturday unless approved by the Streets and Sanitation Division of the Public Works Department. -3- PC2006-87 : • i 19. That the subject property shall be developed substantially in accordance with the plans and specifications submitted to the City of Anaheiin by the petitioner and which plans are on file with the Planning Deparfinent ExhibitNos. 1#hrough 6 as conditioned herein. 20. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resol~tion, whichever qccurs first, Condition Nos. 3, 5, 7, 10, 15,.16, and 17 above-mentioned, shall be complied with. Extensions for,further time to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code 21. That prior;to final building and zoning inspections, Condition Nos. 11, 12, 15, and 19 above-mentioned, shall be complied with. '' _ 22. That 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 Anaheim Municipal Code and (iii) #he applicant has demonstrated significant progress toward establishment of the use or approved ' development. 23. That approval of this apptication constitutes approval of the proposed request only to the exten4 that it complies with the Anaheim Municipal Zoning Cotle 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 ITfURTMER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon appli~ant's compliance with each and all of the conditions hereinabove set forth. Should anysuch 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 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 or prior to the issuance 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 the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 2, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal cedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAM IM ANNING COMMISSI ATTEST: , i~%~~~*4 SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2006-87 ' i ~ STATE OFCALIFORNIA ) COUNTY OF ORANGE ) ss. ' - CITY OF ANAHEIM ) I, Eleanor Morris,`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 October 2, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: EASTMAN, FAESSEL, FLORES, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE _ ABSENT: COMMISSIONERS: BU~FA, KARAKI W WITNESS WHEREOF, I have hereunto set my hand this ~ day of _ ~ ~ ~ ~-~ , 2006. r i~~~ 2.~1/u~ . SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION