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Resolution-PC 2010-052RESOLUTION NO. PC2010 -052 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND CONDITIONAL USE PERMIT NO. 2010 -05479 (DEV2010- 00018) (2960 WEST LINCOLN AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2010 05479, to establish a church (El Reino de Cristo Iglesia Cristiana Church) within an existing commercial center pursuant to Code Section No. 18.60.180 of the Anaheim Municipal Code 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 currently developed with a commercial center. located in the General Commercial (CG) Zone and the Anaheim General Plan designates this property for Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 7, 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 "Procedures 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 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: 1. The proposed church use is properly one for which a conditional use permit is authorized under Code Section No. 18.08.030.0402. 2. The proposed 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 church is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4. The traffic generated by the proposed church use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That parking for the church is determined to be adequate the other uses in the commercial center have different peak hours of operation from the church and the applicant has obtained an off -site parking arrangement. 1 PC2010 -052 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. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated does hereby approves Conditional Use Permit No. 2010 -05479 to permit a church on property located at 2960 West Lincoln Avenue. 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 Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE TT 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 as set forth in Exhibit `B" attached hereto and incorporated herein by this reference. 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 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 the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 7, 2010. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Co. e ing to appeal procedures and may be replaced by a City Council Resolution in event app a1. /Gtx CHAIRMAN, 4NAHEIM CITY PLANNING COMMISSION 2 PC2010 -052 A' 1''EST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM 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 July 7, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, KARAKI, PERSAUD, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: RAMIREZ IN WITNESS WHEREOF, I have hereunto set my hand this 7 day of July, 2010. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2010 -052 EXHIBIT "A" DEV2O1O -00018 APN: 126-602-351 258.84' 0 1x W LINCOLN AVE 148.82' in r 125' 111/ EMBASSY AVE Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 10973 4 PC2010 -052 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2010-05479 AND VARIANCE NO. 2010-04817 (DEV2010- 00018) NO. CONDITIONS OF APPROVAL GENERAL CONDITIONS 1 This church facility shall not include any child day care or pre- school activities, except during church services 2 3 4 No outdoor uses and/or assembly or outdoor storage shall occur on the property. No portable signage shall be utilized to advertise the church. Church services shall be permitted weekdays after 7 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. 6 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 and their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for person exiting the building. 8 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. 9 That parking lot, shipping and receiving areas, driveways, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings of the premises shall be equipped with Lighting sufficient to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. 5 REVIEW SIGNED BY OFF BY Code Enforcement Code Enforcement Code Enforcement Code Enforcement Code Enforcement Code Enforcement Code Enforcement Police Police /Code Enforcement PC2010 -052 10 The applicant shall obtain an Off -Site Parking Permit from the Planning Planning Department prior to operation. The permit shall ensure use of 74 parking spaces located on the property to the east during periods of church service. 11 The subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1 (Site Plan) and Exhibit No. 2 (Floor Plan), and as conditioned herein. Planning 6 PC2O 10 -052