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Resolution-PC 2010-008RESOLUTION NO. PC2010 -008 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. 2010 -05473 (DEV2009- 00001) (1501 NORTH RAYMOND AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2010 05473, 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, on September 12, 1989, the Anaheim City Planning Commission, by its Resolution No. PC89R -382, did approve Conditional Use Permit No. 3183 to permit certain industrially- related sales businesses and office uses at 1501 and 1525 North Raymond Avenue in the ML (Limited Industrial) zone and that Condition Nos. 18 (retail sales businesses) and 19 (industrially related office uses) of said resolution specify the businesses that are permitted; WHEREAS, on October 18, 1996, the Anaheim City Planning Commission, by its Resolution No. PC96 -113, expanded the list of permitted uses to include "wholesale and retail flooring contractor WHEREAS, on December 21, 1998, the Anaheim City Planning Commission, by its Resolution No. PC98-206, did approve Conditional Use Permit No. 3183 to permit add a "commercial Boy Scout supply shop" to the list of uses identified in Condition No. 18 (retail sales businesses) to retain the existing commercial Boy Scout supply shop at 1501 North Raymond Avenue, Suite Q; 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 PC2010 -008 1. The request to permit a church in the Industrial (1) 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. 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. 5. That the existing number of on -site parking spaces exceeds the code required parking for the existing uses and for the proposed church. Code requires 196 parking spaces and 244 parking spaces exist. In addition, the church assembly activities occur during evening hours and weekends when commercial and industrial businesses in the center are closed. 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 IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional. Use Permit No. 2010 -05473 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 1T 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. 2 PC2010 -008 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. THE FOREGOING RESOLUTIQN asiadopted at the,-Planning Commission meeting of March 1, 2010. ATTEST: STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: V CHAIRMAN, WNAF I CIYY I J,ANNING COMMISSION NONE NONE k\ SENIOR SECRETARY, ANAHEIM 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: AGARWAL, AMENT, BUFFA, FAESSEL, KARAKI RAMIREZ, ROMERO IN WITNESS WHEREOF, I have hereunto set my hand this 1 day of March, 2010. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2010 -008 IAPN: 267 021 -31 i E QRANGEFAIR LN EXHIBIT "A" DEV2O10 -00001 (D szt 363' 321.41' 91 FREEWAY 4 1.. u—.. -•1 q.. r...111.1 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 10913 PC2010 -008 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 6 8 9 EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2010-05473 (DEV2010- 00001) No outdoor uses and/or assembly or outdoor storage shall occur on the property. No portable signage shall be utilized to advertise the church. 4 Church services shall be permitted weekdays after 6 p.m. and during any time on weekends. Incidental church office uses are not subject to this restriction. 5 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. Rear entrance doors shall be numbered in the same address numbers or suite number of the business. Minimum height of 4" recommended. 7 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.net/article.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 Plan), Exhibit No. 2 (Floor Plans) and as conditioned herein. RESPONSIBLE FOR MONITORING Code Enforcement Code Enforcement Code Enforcement Code Enforcement Code Enforcement Code Enforcement Code Enforcement Police Department Planning 5 PC2010 -008