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Resolution-PC 2007-109• • RESOLUTION NO. PC2007-109 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2000-82 ADOPTED IN CONNECTION WTTH CONDITIONAL USE PERNIIT NO. 3693 (TRACKING NO. CUP2007-05247) (1011 NORTH HARBOR BOULEVARD) WHEREAS, on August 16, 1994, the Anaheim City Council adopted Resolution No. 94R-207 to approve Conditional Use Permit No. 3693 for three (3) years, to expire on June 27, 1997, to permit a church including on-site food collection, distribution and storage facilities in conjunction with church related activities with waiver of minimum number of parking spaces on the property located at 1011 North Harbor Boulevard (Calvary Chapel Open Door); and WHEREAS, on August 18, 1997, the Anaheim City Planning Commission adopted Resolution No. PC97-120 to amend the conditions of approval of Resolution No. 94R-207 and reinstate Conditional Use Permit No. 3693 for an additional three (3) years to expire on June 27, 2000; and WHEREAS, on June 19, 2000, the Anaheim City Planning Commission adopted Resolution No. PC2000-82 to amend, in their entirety, the conditions of approval of Resolution Nos. 94R-207 and PC97-120 approved in conjunction with Conditional Use Permit No. 3693 and reinstate and remove the time limitation of Conditional Use Permit No. 3693 to retain a church at 1011 North Harbor Boulevard; and WHEREAS, this property is currently developed with a church; that the facility is zoned General Commercial (C-G); and the Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS, the applicant has requested an amendment to Conditional Use Permit No. 3693 to amend exhibits to permit the interior expansion of an existing church, adding approximately 1,300 square feet of assembly area and 1,500 square feet of office use, pursuant to Code Section 18.08.030.040.0402 (Community and Religious Assembly) of the Anaheim Municipal Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 17, 2007, 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 the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use pernut 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: Cr~PC2007-109 -1- PC2007-109 ~ ~ 1. That the proposal to amend a previously-approved conditional use permit to permit the interior expansion of an existing church is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.040.0402 (Community and Religious Assembly). 2. That the proposed expansion of the existing church would not adversely affect the adjoining land uses and the growth and development of the area because there is no change in use and the existing church is operating with no adverse affects to adjoining land uses. 3. That the size and shape of the site for the church is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to health and safety. 4. That 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 continue a land use that is compatible with the surrounding area. 5. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Planning staff has deternuned that the proposed project falls within the definition of Categorical Exemptions, Section 15303, Class 1(Existing Facilities), as de~ned in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby amend and approve Conditional Use Permit No. 3693 (Tracking No. CUP2007-05247) to amend exhibits to permit an expansion to an existing church. BE IT FURTHER RESOLVED that Anaheim Planning Commission does hereby amend the conditions of approval of City Council Resolution No. 94R-207, pertaining to Conditional Use Permit No. 3693, as follows: Prior to the issuance of a building permit the following conditions shall be complied with: 1. That the subject property is required to maintain a minimum of 33 parking spaces on-site at all times. Said information shall be specifically shown on plan submitted for building permits. In addition, the applicant shall maintain an agreement recorded in the Office of the Orange County Recorder with the City of Fullerton for 79 off-street parking spaces at 627 West La Palma for this use as required by the City, and in a form approved by the City Attorney. The number of parking spaces shall be in excess of that which is required by Code for the water related uses. Prior to final building and zoning insnections the following conditions shall be complied with: 2. That an Emergency Listing Card, Form APD-281, shall be filed with the Police Department. -2- PC2007-109 . • 3. That subject property shall be developed substantially in accordance with the revised plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 Rev. No. 1, Exhibit No. 2 Rev. No. 1, Exhibit No. 3 Rev. No. 1 and previously approved Exhibits 4 through 8, and as conditioned herein. General Conditions: 4. That there shall be no on-site food collection, storage or distribution permitted at this location. 5. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted on maacimum three-foot centers or tall shrubbery. 6. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from the time of discovery. 7. That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and ground contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles onsite. 8. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 9. 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) the applicant has demonstrated significant progress toward establishment of the use or approved development. 10. That extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal. 11. 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 regarding any other applicable ordinance, regulation or requirement. BE TT FLTRTHER RESOLVED that, except as amended herein, Resolution No. 94R- 207 shall remain in full force and effect. -3- PC2007-109 • • BE IT FLTRTHER RESOLVED that the Anaheim 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 FIJRTHER 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 RESOLIJTION was adopted at the Planning Commission meeting of September 17, 2007. 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 procedures and may be replaced by a City Council Resolution in the event of an appeal. ~ / .-~ ~.~,, ~~...~ ~ . `~~.~- ~~ CHAIl2~vIAN, ANAH~IM PLAN~IlVG COMMISSION , AT"TEST: ~~ ~~. v SECRETARY, ANAHEIM PLANNIlVG CONIMISSION STATE OF CALIFORNIA ) 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 September 17, 2007, by the following vote of the members thereof: AYES: CO1~~INIISSIONERS: NOES: CONIlVIISSIONERS: ABSENT: CONIlVIISSIONERS: /~~L_~`~ WITNESS WHE V ~ l~ , 2007. AGARWAL, BLTFFA, EASTMAN, FAESSEL, KARAKI, ROMERO, VELASQUEZ NONE NONE REOF, I have hereunto set my hand this (-S~ day of SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2007-109