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Resolution-PC 2009-076RESOLUTION NO. PC2009-076 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1, CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2003-04814 AND AMENDING IN THEIR ENTIRETY, THE CONDITIONS OF APPROVAL IN RESOLUTION NO. PC2004-9 (TRACKING NO. CUP2003-04814A) (631 SOUTH BROOKHURST STREET) WHEREAS, on January 12, 2004, the Anaheim City Planning Commission, by its Resolution No. PC2004-9, did approve Conditional Use Permit No. 2003-04814 to permit a church in an office building with a smaller setback for institutional uses adjacent to a residential zone boundary than required by code, less parking lot landscaping than required by code, and fewer parking spaces than required by code, on that certain real properiy situated in the City of Anaheim, County of Orange, State of Califomia, as shown on Elchibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, Resolution No. PC2004-9 adopting Conditiona] Use Permit No. 2003-04814 includes the foilowing condition of approval: "9. That the church hours of operation shall be limited to 10:00 a.m. to 5:00 p.m., Monday through Friday for general office hours, and 8:00 a.m. to 4:00 p.m. for Saturday services. The church shall be permitted to have three weeklong conferences/seminars per year. All church activities shall end before 10 p.m., except special church holidays." WHEREAS, on August 8, 2005, the Anaheim City Planning Commission did approve a one year retroactive extension of time to comply with conditions of approval in Conditional Use Permit No. 2003-04814; and WHEREAS, the property is developed with an office building and is located in the General Commercial- Brookhurst Commercial Corridor Overlay (CG(BCC)) zone and is designated for Low-Medium Density Residential land uses in the City of Anaheim General Plan; and WHEREAS, the Anaheim City Planning Commission did receive a verified Petition to amend Conditional Use Permit No. 2003-04814 (Tracking No. CUP2003-04814A) to permit church services at anytime, except during normal office hours of 7:30 a.m. to 5:30 p.m., Monday through Friday, as set forth in Exhibit "B" attached hereto and incorporated herein by this reference; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 14, 2009, 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 "Procedures", to hear and consider evidence for and against said - 1 - PC2009-076 proposed amendment to the 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: l. The proposed amendment to Conditional Use Permit No. 2003-04814 for a church in an office building in the General Commercial- Brookhurst Commercial Corridor Overlay (CG(BCC)) zone is properly one for which a condirional use permit is authorized by Anaheim Municipa] Code Section 18.08.030.010 (Uses) of the Zoning Code. 2. The proposed amendment to modify the hours of operation would not adversely affect the surrounding land uses and the growth and development of the area in which it is proposed to be located because the property is currently developed with an office building in compliance with Code requirements. 3. The size and shape of the site 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 the property is currently improved with an office building with no proposed expansion. 4. The traffic generated by the amendment to the conditional use permit to modify the hours of operation of a church would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of vehicles entering and exiting the site are consistent with existing and permitted businesses within the office building. 5. The granting of the amendment to 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. WI-IEREAS, the proposed project falls within the definition of Categorical Exemptions, 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 City Planning Commission, for the reasons hereinabove stated does hereby approve the amendment to Conditional Use Permit No. 2003-04814 (Tracking No. CUP 2003-04814A) as described above. BE IT FURTHER RESOLVED, that the Anaheim City Planning Commission does hereby amend the conditions of approval of Resolution No. PC 2004-9, approving Condirional Use Permit 2003-04814, in their entirety as described in E~ibit "B" attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject properiy in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. - 2 - PC2009-076 BE IT FURTHER RE50LVED that the Anaheim City 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 jurisdietion, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE TI' 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 fmal invoice. Failure to pay all charges shall result in the revocation of the approval of this application. 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 to Peanit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent Yhat 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 14, 2009. 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. CHAIRMAN, AitIAHEIM CI~Y PLANNING COMMISSION ATTEST: /~L.~---~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 3 - PC2009-076 3TATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Elly Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on September 14, 2009, by the following vote of the members thereo£ AYES: COMMISSIONERS: BUFFA, FAESSEL, KARAKI, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL, AMENT, RAMIREZ IN WI'I`NESS WHEREOF, I have hereunto set my hand this 14`h day of September, 2p09. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2009-076 EXFIIBIT ~~A~~ AMENDMENT TO CONDTTIONAL USE PERNIIT NO. 2003-0-181-{ (TRACKING NO. CUP2003-0-{81-IA) - 5 - PC2009-076 EXFIIBIT "B" AMENDMENT TO CONDITIONAL USE PERMIT NO. 2003-04814 (TRACHING NO. CUP2003-04814A) RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL i MONITORING GENERAL 1 Church services are permitted at anytime, excluding the normal Planning office hours of 7:30 a.m. to 5:30 p.m., Monday through Friday. 2 The number of congregants attending this church shall be limited Planning to one hundred (100), as indicated by the applicant. 3 Subject property shall be developed substantially in accordance Planning with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit No. 1(Site Plan) and Exhibit Nos. 2 and 3 (Floor Plans). - 6 - PC2009-076