Resolution-PC 2010-007RESOLUTION NO. PC2010 -007
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE
APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND
APPROVING CONDITIONAL USE PERMIT NO. 2009 -05464
(DEV2009- 00047)
(1520 SOUTH LEWIS STREET)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No. 2009 05464, to permit a church for 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, this property is developed with an industrial building located in
the Industrial (I) zone and the Anaheim General Plan designates the property for Industrial
land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on March 1, 2010, at 3:30 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 and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, said Planning 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 with respect to the request for a conditional use permit, does find and
determine the following facts:
1. The request to permit a church in the Industrial (I) zone is properly one for which
a conditional use permit is authorized under Code Section 18.10.030.010. (Community and
Religious Assembly Hall) of the Anaheim Municipal Code.
2. The church will not adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed to be located because the church functions will
be conducted in a manner conducive to the area and will operate entirely within an existing
building. In addition, the peak operating hours of the church, as conditioned herein, are off-set
from the peak operating hours of the other businesses within this industrial park.
3. The size and shape of the site proposed 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 the
health and safety.
4. The traffic generated by the church will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because this use does
not exceed or intensify anticipated traffic levels for this area.
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5. That the existing number of on -site parking spaces is determined to be adequate
for the proposed church. Code requires 395 parking spaces and 311 parking spaces exist.
Because the church assembly activities occur during evening hours and weekends when
industrial businesses in the center are closed, the existing number of parking spaces is adequate
for the church. Condition No. 4 of this resolution includes this limitation on the church assembly
activities.
6. The 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 provide a
land use that is compatible with the surrounding area.
WHEREAS, 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 1T RESOLVED that the Anaheim City Planning
Commission does hereby approve Conditional Use Permit No. 2009 -05464 subject to the
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. Extensions for further time to complete conditions of approval may be granted
in accordance with Section 18.60.170 of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED 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 jurisdiction, then this Resolution, and any approvals herein contained,
shall be deemed null and void.
BE IT FURTHER RESOLVED, that this conditional use permit is approved
without limitations on the duration of the use.
BE IT FURTHER RESOLVED 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 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. Failure to pay all charges shall result in delays in the issuance of
required permits or the revocation of the approval of this application.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of March 1, 2010. /1
A LEST:
v
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
CHAIRMAN,
'l
NA CITY PLANNING COMMISSION
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
I, Grace Medina, Senior 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 March 1, 2010, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, KARAKI
RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, 1 have hereunto set my hand this 1" day of March, 2010.
SENIOR 5'ECRETARY, ANAHEIM C1'fY PLANNING COMMISSION
3 PC2010 -007
IAPN: 0E32-250-861
F, et
EXHIBIT "A"
DEV2009- 00047
E CERRITOS AVE
m
N
196.05'
196.05'
Source: Recorded Tract Maps andlar City GIS.
Please note the accuracy is two to five feet.
10911
4 PC2010 -007
NO. CONDITIONS OF APPROVAL
GENERAL
1 This church facility shall not include any child day care or pre-
school activities, except during church services.
2
3
4 Church services shall be permitted weekdays after 6 p.m. and
during anytime on weekends. Incidental church office uses are
not subject to the weekday restriction.
5
6 Rear entrance doors shall be numbered in the same address
numbers or suite number of the business. Minimum height of
4" recommended.
7
8
9
EXHIBIT "B"
CONDITIONAL USE PERMIT NO.2009 -05464
(DEV2009- 00047)
No outdoor uses and /or assembly or outdoor storage shall occur
on the property.
No portable signage shall be utilized to advertise the church.
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 time of occurrence.
All exterior doors to have adequate security hardware, e.g.
deadbolt locks.
File Emergency Listing Card, Form APD -281, with the Police
Department, available at the Police Department front counter,
or it can be downloaded from the following web site:
httn:/ /www.anaheim.netlarticle.asn ?id =678.
The property shall be developed substantially in accordance
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 PIan), Exhibit No. 2
(Floor Plans) and as conditioned herein.
5
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FOR
MONITORING
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PC2010 -007