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Resolution-PC 2008-103RESOLUTION NO. PC2008-103 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CATEGORICAL EXEMPTION, CLASS 1 AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05348 WITH WATVER OF MINIMUM NUMBER OF PARKING SPACES (803Q 8075, 808Q 8095 EAST CRYSTAL DRIVE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for a church with an off=site parking area on certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A", attached hereto and incorporated herein by this reference. WHEREAS, the property proposed for the church is developed with an industrial building located in the Industrial zone, the properties to be used for off-site parking are improved with industrial buildings and are also within the I zone and the Anaheim General Plan designates these properties for Industrial land uses; and following: WHEREAS, the proposed request to permit a church includes waiver o£the SECTION 18.42.040.010 Minimum required parkine spaces. (118 spaces required; 34 spaces proposed on-site and 97 spaces proposed off-site) WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 13, 2008, at 230 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 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 church in the Industrial (I) zone is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.10.030.040 (Community and Religious Assembly). 2. That the church would not adversely affect the adjoining industrial land uses and the growth and development of the area in which it is proposed to be located because all activities would occur inslde the building. 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 detrime~tal to the particular area nor to the -1- PC2008-103 health, safety and general welfare of the public because all activities would be limited to the inside of the building. 4. That the variance will not cause fewer off-street parking spaces to be provided for the proposed church than the number of spaces necessary to accommodate all vehicles for church congregants because additional off-street parking would be provided at 8030, 8075 and 8080 East Crystal Drive such that more parking than is required by Code would be available to the church. 5. That the results of the parking observations indicate that the businesses locaked at 8030, 8075 and 8080 East Crystal Drive do not utilize their respective parking lots during the church's peak operating hours on Sundays. 6. That the traffic generated by the church would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the proposed church would operate at ofF peak times and the church would not generate traffic greater than anticipated for streets and highways in the vicinity. 7. That two persons indacated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. WHEREAS, the proposed project falls wi#hin the definition of Categorical Exemgtious, Class 1(Existing Facilities) as defined 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 approve Conditional Use Permit No. 2008-05348 subject to the following conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim BE IT FURTHER RESOLVED that this permit is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Appxoval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER 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. -2- PC2008-103 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 ofzequired permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 13, 2008. Said resolution is subject to the appeal provisipns set forth in Chapter 18.60, "Zoning Provisions - General" of the Anaheim Municipa] Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal, ~ ~~ CHAIRMA AN M P NNIN COMMISSION ATTEST: ~ r SENIOR SE~RETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheitn Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on October 13, 2008, by the following vote of the members thereo£ AYES: COMMISSIONERS: EASTMAN, FAESSEL, KARAKI, RAMIREZ NOES: COMMISSIONERS: ROMERO ABSENT: COMMISSIONERS: AGARWAL, BUFFA IN WITNESS WHEREOF, I have hereunto set my hand this 16`h day of October, 2008. ~ ~., , ~ v ~~ SEMOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2008-103 EXHIBIT °LA" CONDITIONAL USE PERMIT NO. 2008-05348 R~P~ SPNTA ANP CPNYON , ~ ~!1 `1 ~ ^" ~"~ ~~ Sourte: Recaded Tmct Maps and/orCity GIS. ~ . Please note the accurary is +!- lwo to (ve 1zet. -4- PC2008-103 R~~ERSIDE FREEWAY EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2008-05348 No. Conditions of Approval Responsible for Monitorin PRIOR TO ISSUANCE OFA BUILDING PERMIT, COMMENCEMENT OF USE OR ONE (Ij YEAR FROM TBE DATE OF THIS RESOLUTION, WHICHEVER OCCURS FIRST 1 That all property used for off-site parking shall be under Planning ' agreement approved as to form by the City Attorney. The agreement shall be recorded in the Office of the County City Attomey Recorder, and a recorded copy filed with the Pianning Department and, further, shall specify the number and location of the off=site parking spaces and assure that the spaces shall be accessible and available at all times for pazking in conjunction with the use for which the parking ' spaces are required. 2 That rooftop address numbers for the police helicopter Planning shall be painted in a contrasting color to the roofing material. Numbers should be four feet in height, two feet Police in width and the numbers should be six inches thick and spaced 12-18 inches apart. The numbers shall face the street to which the property is addresses. 3 That the business shall be equipped with an alarm system Police (silent or audible). Said information shall be shownon plans submitted for building permits. 4 That fire lanes shall be posted "No Parking Any Time." raffic Engineering Said information shall be shown on plans submitted for building permits. 5 That the subject property shall be developed substantially Planning in accordance with the plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department Exhibit Nos. 1 through 4 and as conditioned herein. 6 That the applicant shall file Emergency Listing Card, Police Form APD-281, with the Police Deparhnent, available at the Police Department front counter. -5- PC2008-103 7 That the applicant shall complete a Burglary/Robbery Police Alarm Permit application, Form APD 516, and retum it Yo the Police Deparhnent prior to initial alann activation. 'GENERAL CONDITIONS ' __. 8 The hours of operation shall be consistent with the letter Planning of operation on file with the City of Anaheim Planning Deparhnent. Hours of operation may be expanded on Saturdays and Sundays provided that prior to any change in operation, the applicant shall submit an amended letter of operation and adequate parking continues to be available for the other on-site uses. Expanded hours of operation shall be subject to approval of the Planning Director. 9 That ongoing during business operations, no parking area Traffic Engineering shall be fenced off or otherwise enclosed for outdoor storage areas. 10 That all church activities shall be conducted indoors. Planning 11 T`hat any amendment to, or termination of, the recorded Planning parking agreements shall require the prior written consent of the C3ty. Altemative parking must be acquired to City Attorney provide Code required parking. 12 That approval of this application constitutes approval of Planning 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 apgroval of the request regazding any other applicable ordinance, regulation or requirement. 13 That extensions for further time to complete conditions of Planning approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 14 That timing for compliance with conditions of approval Planning 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. -6- PC2008-103