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Resolution-PC 2008-116RESOLUTION NO. PC2008-116 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A NEGATIVE DECLARATION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3816 AND ' AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC96-3, (TRACKING NO. CUP2008-05339 ) AS PREVIOUSLY AMENDED (99-301 EAST ORANGBTHORPE AVENUE) WHEREAS, on 7anuary $, 1996, the Anaheim City Planning Commission adopted Resolution No. PC96-3, granting Conditional Use Permit No. 3816 to permit a church in an existing office/industrial building with a waiver of minimum number of parking spaces (166 spaces required; 151 spaces approved); and WHEREAS, on September 9, 2002, the Anaheim City Planning Commission adopted Resolution No. PC2002-133, approving a request to amend Conditional Use Pernut No. 3816 to permit the reconfiguration of the interior oF fhe church building thereby deleting the previously-approved parking waiver, and WHBREAS, on January 10, 2005, the Anaheim City Planning Commission adopted Resolution No. PC2005-12, approving a request to amend Conditional Use Permit No. 3816 to modify Exhibit Nos. I and 2 to permit an expansion of the church onto two adjacent properties to the east; and WHEREAS, the Anaheim City Planning Commissipn did receive a veriFied Petition for an amendment to previously-approved Conditional Use Permit Np. 3816 (Tracking No. CUP200$-05339) to permit the expansion of an existing church campus to include a 2,162 seat sanctuary, nursery, indoor recreation area, children's Sunday school rooms and a full service beauty salon on certain real property situated in the City of Anaheim, County of Orange, State of Califomia, shown on Exhibit "A", attached hereto and incorporaYed herein by this reference. W HEREAS, the property proposed for the church is developed with commercial and industrial buildings located in the General Commercial and Industrial zones, and Yhe Anaheim General Plan designates these properties for General Commercial and Industrial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City oFAnaheim on December 8, 2008, 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 18.6Q 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 " -1- PC2008-116 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: L That the request to permit the expansion of an existing church campus to include a 2,162 seat sanctuary, nursery, indoor recreation area, children's Sunday school rooms and a full service beauty salon in the General Commercial (GG) and Industrial (I) zones is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.08.030.040.0402 and L810.030.040.0402 (Community and Religious Assembly). 2. That the church would not adversely affect the adjoining commercial or industrial land uses and the growth and development of the area in which it is proposed to be located because all activities would occur inside 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 detrimental to the particular area nor to the health, safety and general welfare of the public because all activities would be limited to the inside of the building. 4. 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 greaker than anticipated for streets and highways in the vicinity, 5. That the granting of the conditional ose permit under the conditions imposed, if any, wifl not be detrimental to the health and safety of the citizens of the City of Anaheim. 6. That no perspns indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. NOW, THEREFORE, BE IT RESOLVED, that the Anat~eim City Planning Commission has reviewed the proposal and does hereby find that#he Negative Declaration is adequate to serve as the required envimnmental documentation in connection wihh this request. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Anahaim City Planning Commission for the reasons hereinabove specified, does hereby approve the proposed amendment to Conditional Use Permit No. 3816 as requested by the applicant. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Anaheim City Planning Cpmmission does hereby amend, m their entirety, the conditions of approval adopted in connection with Resolution No. PC96-3, as amended by Resolution Nos. PC2002-133 and PC2005-12 and as adopted in connection with Conditional Use Permit No. 3816 to read as shown in Exhibit "B" attached herero and incorporated by this referenCe, which conditions are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safery and general wetfare of the Citizens of hhe City of Anai`~eim. -2- PC2008-I l6 BE tT FURTHER RESOLVED that this permit is appioved 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 Fermit Approval) and L8.60.200 (City-Initiated Revpcation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim Ciry 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 thereoP, be declared inuaiid 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 far paying ali charges related to the processing of this discretionary case application within l5 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. 3'HE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 8, 2008. 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. ~ ~ CHAIRM , ANAHEIM PLA ING COMMISSION A SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHELM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resoluhion was passed and adopted at a meeting oFthe Anaheim Planning Commission held on December 8, 2008, by the following vote of the members Chereof: AYES: COMMISSIONERS: AGARWAL, FAESSEL, EASTMA'N, RAMIREZ, ROMERO, BUFFA NOES: COMNLISSIONERS: °` ABSTAINED: COMMiSS[ONERS: KARAKI -3- PC2008-116 ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this v~ day of December, 2008. ^ SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2008-116 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 3816 ~ w ~ ~ m ~ ~ ~ i i 1 I .o. o"'~ " " '"'"_-'" ~~ i I w ~ i z i I y ~ i~ I I p I I f I j I "_ ""~_ ""_ _'"" _ ~ Source'. Recortletl T~ad Maps antl/af Cily GIS Pleese nolo.tho ecw2cgis P(wo to fiveieet r -5- PC2008-116 EXH~BIT "B" CONDITIONAL USE PERMIT NO. 3816 No. Conditions of Approval Responsible for Monitorin PRIOR 7'O ISSUANCE QF A BUILDING PERMIT, OR ONE (1) YEAR FROM THE bATE OF THIS RESQLUTION, WLFICHEYE'R OCCURS FIRST 1 All backflow equipment shall be located above ground Public Utilities, outside of the street setback area in a manner fully Water Engineering screened from all public streets and alleys. Any backflow assemblies currently installed in a vaulk will have to be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the street setback area in a manner Fully screened from all public streets and alleys. Said information shall be specifically shown on plans and apprpved by Water flngineering and Cross Connection Control Inspector before submittal for Building Permits. 2 All applicable water fees shall be paid to Che City of Public Utilities, Anaheim in an amount established by City Council Water Engineering Resolution. 3 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. 4 If this project has a landscaping area exceeding 2,300 Public Utilities, square feet, a separate irrigation meter shall be installed in Water Engineering compliance with Chapter 10.19 of the Anaheim Municipal Code and Ordinance No. 5349 regarding water conservation. 5 All existing water services and fire lines shall conform to Public Utiiities, current Water Services Standards SpeciFications. Any Water Engineering water service and/or fire line that does not meet ourrent standards shall be upgraded i£the use is continued if necessary or abandoned if the existing use is no longe~ needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire ~ line. -6- PC2008-116 6 Prior to applying for water meters or Fire lines, or Public Utilities, submitting the waher improvement plans for approval, the WaYer Engineering developer/owner shall submit to the Public Utilities Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands For the project. 7 That the business shall be equipped with an alarm system Police (siient or audible). Said information shall be shown on plans snbmitted for building permits. 8 That fire lanes shall be posted "No Parking Any Time.° Traffic Said information shall be shown on plans submitted for Engineering building permits. 9 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 wit6 the Planning Department Exhibit Nos. 1 through 6 and as wnditioned herein. LO That the applicant shall file Emergency Listing Card, Police Form APD-281, with the Police Departmeot, available at the Police Department front counter. 11 That the applicant shall complete a Burglary/Robbery Police Alarm Permit appiication, Form APD 516, and return it to the Police Department prior to initial alarm activation. PRIQR TO FINAL BUfLDING AND ZQNING fNSPECTION 12 A traffic management plan shall be submitted to the City Public Works, Traffic and Transportation Manager for review and Traffic a roval. En ineerin ' GENERAL CONDITIONS 13 The hours of operation shall be consistent with the letter Planning of operation on ffie with the City of Anaheim Planniag Deparhnent. Hours of operation may be expanded on Sahu-days and Sundays provided that prior to any change in operation, Yhe 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. l4 That ongoing during business operations, no required Public Works, parking area shall be fenced off or otherwise enclosed for Traffi~'Engineering outdoor storage areas. -7- PC2008-116 15 That all church activities shall be conducted indoors. Planning 16 That approval of khis applicatiot~ 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 approval of the request regarding any other applicable ordinance, regulation or requirement. U 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. 18 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 tAat satisFies the original intent and purpose of khe 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. -g- PC2008-116