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Resolution-PC 2008-67RESOLUTION NO. PC2008-67 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT A PREVIOUSLY-APPROVED CEQA NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 4033 AND AMENDING RESOLUTION NO. PC98-98, AS PREVIOUSLY AMENDED ,i: (TRACKiNG NO. CUP2008-05318) (8712 EAST SANTA ANA CANYON ROAD) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for an amendmept to previously-approved Conditional Use Permit No. 4033 to add three modular units to an existing church for Sunday school classrooms for certain real property in the City of Anaheim, County of Orange, State of California, shown on Exhibit A, attached hereto and incorporated herein by this reference. WHEREAS, on June 22, 1998, the Anaheim City Planning Commission, by its Resolution No. PC98-98, did approve Conditional Use Permit No. 4033 to permit a 29,503 square foot church witl~ an accessory day care center, fellowship hall, and multi-purpose building in conjunction with existing modular buildings; and WHEREAS, on July 19, 1999, the Anaheim City Planning Commission, by its Resolution No. PC99-131, did approve an amendment to Conditional Use Permit No. 4033 to °" pennit revised plans for a manufactured home for a pazsonage and amend requirements pertaining to landscaping and roof-mounted equipment, and did amend the conditions of approval of Resolution No. PC98-98 adopted in connection therewith, and WHEREAS, on March 1, 2004, staff determined that a 5,611 square foot addition to tlie fellowship hall was in substantial conformance with previously-approved plans; and WHEREAS, on April 5, 2004, the Anaheim City Planning Commission, by its Resolution No. PC2004-39, did approve an amendinent to Conditional Use Permit No. 4033 to modify the time limitation for four (4) existing modular buildings, and to further allow the establishment of Four (4) additional modular buildings for accessory church activities and modify l~ours of operation, and did amend the conditions of approval oF Resolution No. PC98-98 adopted in connection Ylierewith; and WHEREAS, Condition No. 1 of Resolution No. PC98-98, as subsequently amended by Resolutian No. PC2004-39, states: L That within a period of ten (10) years from the date of tl~is resolution, the modular buildings (except for the dressing room and restroom located adjacent to the outdoor cliapel at flie westem portion of the property) shall be removed from this property. In the event that permanent facilities to replace the modular buildings are built dtuing the ten (10) year period, the temporary modulars shall be removed wiYhin sixty (50) days of the occupancy of the permanent £acilities. - 1 - PC2008-67 WHEREAS, the applicant has requested an amendment to Conditional Use Permit No. 4033 to amend Condition No. 1 to permit three additional modular units to be used for Sunday school classrooms and to modify the ten (10) year ]imitation; and WHEREAS, tliis property is currently developed with a church, including modulaz buildings, a parsonage, biblical Cheme garden and water feature, and an outdoor chapel; and WHEREAS, the Anaheim General Plan designates this property for Open Space land uses and this property is located in the SP88-1 (Sycamore Canyon Specific Plan), Development Area 9(Single-Family Residential) zone; and WHEREAS, Uie Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 23, 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 18.60, to hear and consider evidence for and against said proposed conditional use permit with a waiver of minimum number of parlcing spaces and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself uid in its behalf, and after due consideration of all evidence and reports offered at said l~earing, does fii~d and determine the following facts: 1. That an amendment to the conditional use permit to permit three additional modtilar classrooms and modify Che Cime limitation is pemlitted under authority of Code Section 18.60.190; 2. That an amendment to the conditional use permit ko permit three additional modular classrooms and amend the time limitation for the modular buildings will not adversely affect tlle adjoining land uses or the growth and development of the area because the requested modular units would be located adjacent to existing modular buildings and the existing modular buSldings l~ave not affected the sunounding area; 3. That Ylie size and shape of the site for the cl~urch, as amended, is adequaCe to allow fiill development of the proposed use in a manner not detrimental to the particular area nor to tlie peace, health, safety, and general welfare because a lazge portion of the site would remain contimie to remain undeveloped; 4. That granting of the amendment to the conditional use permit under the conditions iii3posed will not be detrimental to the health and safaty of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding azea because the requested modular units would be accessory to the existing church operations; 5. That the tra£fic generated by the church, as amended, will not impose an undue burden upon tl~e streets and highways designed and improved to carry the traffic in the area because a negligible increase in vehicles is anticipated with the addition of modular buildings; and - 2 - PC2008-G7 6. That no one indicated their presence at said public hearing in opposition; and that no conespondence was received in opposition to the subject petition. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission has reviewed the proposal and does hereby find that tlie Negative Declaration previously approved in connection with Conditional Use Permit No. 4033 is adequate to serve as the required environmental documentation in connection with this request. BE IT FURTHER RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby approve the proposed amendment to Conditional Use Permit No. 4033 to permit three additional modulaz classrooms and remove the ten (10) year time limitation as requested by the applicant. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby amend, in their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No. 98-98 approving Conditional Use Permit, as follows: No. Conditions of Approval Responsible for Monitorin GENERAL' ' 1 That ali tempprary modular buildings (except for the dressing Planning room and restroom ]ocated adjacent to the outdoor chapel at the western portion of the property) shall be removed from the property within sixty (60) days of the occupancy of the pernlanent facilities. 2 That a building permit shall be obtained for the proposed Building modulaz units. 3 That since the west modular building requires a retaining wall, Public Works - appropriate access and drainage devises, the applicant shall obtain Development a grading permit. The grading plans must show drainage pattems Services and the accessible path of travel for the proposed modular classroom. 4 That all outdoor church activities shall not begin before 9 a.m. Code Enforcement and shall end befoxe dusk or by 8 p.m., whichever is later, except on religious holidays (not to exceed ten (10) days per calendar year). 5 That no outdoor amplified sound systems shall be installed on Code Enforcement the subject property, and that all outdoor events shall comply with the requirements of Chapter 6.70 "Sound Pressure Levels" of the Anaheim Municipal Code. - 3 - PC2008-67 6 ' That prior to issuance of any Special Events Permit for outdoor Planning activity on this property, the petitioner shall obtain a Special Circumstance Waiver £rom the Zoning Administrator. 7 That trash storage area(s) shall be maintained in locations Public Works - acceptable to the Public Works Department, Streets and Streets a~id Sanitation Division, and in accordance with approved plans on Sanitation file with said Deparhnent. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or higliways. The walls of the storage areas sliall be protected from graffiti opportunities by the use of plant materials such as clinging vines or tall shrubbery. 8 That an on-site trash truclc turn-around area shall be maintained Public Works - to tlie satisfaction of the Public Works Department, Streets and Streets and Sanitation Division. Sanitation 9 That gates shall not be installed across any driveway or private Public Works - street in a manner which may adversely affect vehicular traffic Traffic and on the adjacent public street. Installation of any gates shall be Transportation subject to review and approval by the City Traffic and Transportation Manager prior to issuance of a building permit. 10 That all air conditioning facilities and all other ground mounted Planning equipment shall be fully shielded from view and the sound buFfered from adjacent residential properties. Such information shall be specifically shown on the plans submitted for building pennits. No roof mounted equipment shall be permitted. 11 That lighting of signage for subject property shal] be prohibited Code Enforcement between the hours of midnight and 6:30 a.m. All new signage visible from off-site shail be snbject to review and approval of Planning the Planning Cormnission as a"Reports and Recommendations" agenda item. 12 That no outdoor lighting for the pazking lot, driveways, athletic Planning fields or buildings shall be installed prior to review and approval of a comprehensive lighting plan by the Planning Commission as a"Reports and Recommendations" agenda item. That any future light fixtures shall be down-lighted and directed away from adjacent residential property lines to protect the residential integriCy of Yhe area and shall be so-specified on fhe plans submitted for permits. - 4 - PC2008-67 13 That subject property sliall Ue developed subskanrially in Planning accordance with plans and specifications suUmitted to the Ciry of Auaheim by the peritioner and which plans are on file with khe. Plaiuinig Deparfineut tnarked Revision Wo. 3 of Exhib~t No. 1 and Exhibit Nos. 2 through 15, and as conditioned herein. 14 Tliat appro~~al of tlus application constitutes approval of the Planning proposed request only to tlie exteut that it complies with the Anahei~n Municipal Zoiung Code and any other applicable City, State and Federai regL~lations. Approval does not include any ~cYiun or findings as to compliauce or approral of the renuest regarding auy otl~er applicaUle ordiuance, regularion or reyuirenaeut. BE IT FURTHER RESOL\~ED, tl~at except as amended herein Planning Commission Resolution No. PC98-98, as previously amended, remains in full force and effect. BE IT FURTHER RESOLVED tl~at the Anaheim Planning Coirunission does 1~ereUy find and determine that adoption of tl~is Resolution is expressly predicated upon applicanYs complinnce with each and all of the covditions 1~ereinabove set forth. Should any sucti condition, or any part tl~ereof, Ue declarecl aivalid ar unenforceable by the fnat judgment of tUe court of compelent,jurisclicYion, then tlris Resolution, and any approvals herein contained, shall be deemed. nu11 and void. AND BE IT FURTHER RESOLVED diat the properry ownerlappLicant is responsible for paying al( charges related to dle ~rocessing of this discretiovary case application witlrin i 5 days of the issuazice of the fmal invoice, prior to the issuance of building pernuts or commencement of activity for t(vs pruject, whic6ever occurs first. Failure fo pay all charges shall result in delays in die issuance of required pennifs or the revocation of flie approval of ttis application. THL FOI2EGOING RESOLUTION was adopted at the Plamiing Comsnission meetiug uf June 23, 2008. Said resolution is sut~ject to tl~e appeal provisions set forth in CUapter 18.00 "Procedures" of flie Auaheim Municipal Cod pertaining to appeal procedures and may be replaced by a City Cotmcil Resolution ni the eve~Fan appea~ CHAI~ZMAr~, ANAHEIM PI~~7NING COMMISSION ~/ ATTEST: ~ G~~- ~ ~./ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION 5 _ PC2008-67 STATE OF CALIFORDIIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEII~~ ) I, Grace Medina, Senior 5ecretary of the Anaheim Planning Commission, do liereby certify fliat the foregoing resolutiou was passed and adopted at a meeting of Uie Analteim Planning Commission held on ,iune 23, 2008, by the Follo~ving vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BUPFA, EASTMAN, FAESSEL, I~A.RAICT, ROMERO,V~LASQUEZ NOES: COMMISSfONERS: NON~ ABSENT: COMMISSIONERS: NONE IN WPI'N~SS WHEREOF, I have hereunto set my hand this 3`~ day of 7uly, 2008. SENIOR COMMISSION C - PC2008-67 Exhibit A Q Subject Property Conditional Use Permit No. 4033 Tracking No. CUP 2008-05318 8712 East Santa Ana Canyon Road ~~ , 10553 o so :no ~ Source: Recorded Tract Maps andbr Ciry GIS. ~ ,~ Please nole the accurecy is +y yWO to fve feet. , •-. ~ ~~ •,. •,. '~••. ~T ' RSID A ANA`CqNY.Oni o„ .- - RIVE E FREEWAY T STABLES SP 90-4 MOUNTAIN PARK SP BB-2 RCL 64A5~3B THE SUMMIT OF ANAHEIM HILLS SP882 RCL B<-85-90 THE SUMMIt OF NNAHEIM NILLS DU Gj o w m~i ~ ~ r~_i t po~N1 ~R t ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE. June 23, 2008 Subject Property Conditional Use Permit No. 4033 (Tracking No. CUP2008-05318) 8712 East Santa Ana Canyon Road ~SaNT4'qNN.CANY ~ , ~~N fl0 s ~~ f~F CANYON Po ti.OAKCANYON pR ~ 0553 I