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Resolution-PC 2010-111RESOLUTION NO. PC2010 -111 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. 2001 -04318 AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2001 -18 (TRACKING NOS. CUP2001- 04318A AND DEV2010- 00150) (5605 EAST LA PALMA AVENUE) WHEREAS, on January 29, 2001, the Anaheim City Planning Commission, by its Resolution No. PC2001 -18, did approve Conditional Use Permit No. 2001 -04318 to establish a church with less parking than required by Code, for that certain real property situated in the City of Anaheim, County of Orange, State of California, as particularly shown on Exhibit "A ", attached hereto and incorporated herein by this reference (the "subject property "); and WHEREAS, the subject property is developed with a 53,400 square foot church facility in the Northeast Area Specific Plan 94-1, Development Area 2 (SP94 -1, DA 2 — Expanded Industrial Area) zone; the Anaheim General Plan designates this property for Office Low land uses; and WHEREAS, the Anaheim City PIanning Commission did receive a verified Petition for an amendment to Conditional Use Permit No. 2001 -04318 to expand an existing church facility; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 25, 2010, at 5:00 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 an amendment to the conditional use permit, does find and determine the following facts: 1. The request to expand an existing church in the SP 94 -1, DA2 zone is properly one for which a conditional use permit is authorized under Code Section 18.120.070.050.0511 (Community & Religious Assembly) of the Anaheim Municipal Code. 2. The expanded 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 site can accommodate the proposed use and there will not be an adverse affect on the adjacent commercial and industrial businesses in the vicinity. 3. The size and shape of the site for the expanded use of the facility is adequate to allow the full development of the use, in a manner not detrimental to either the particular area or health and safety as the property is large enough to accommodate the use on the site. - 1 - PC2010 -111 4. The traffic generated by the expanded use of the church facility will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area as the property has been developed to accommodate the required on and off site parking. vehicular circulation, and trash collection. 5. Parking for the expanded use of the facility will be adequate as the applicant has obtained an off -site parking arrangement with the contiguous property to the south. A reciprocal access and parking agreement, which has been recorded for both properties, provides an additional 405 off -site spaces for the church and ensures that shared parking rights are permanently maintained on both properties. 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, for the reasons hereinabove stated, does hereby approve the proposed amendment of Conditional Use Permit No. 2001 -04318 to expand an existing church for the property located at 5605 East La Palma Avenue, as requested by the applicant. BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No. PC2001 -18, adopted in connection with Conditional Use Permit No. 2001 -04318 to read as shown in Exhibit "B" attached hereto and incorporated herein by this reference, which conditions are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety 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. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 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 IT FURTHER RESOLVED that, except as expressly amended herein, the provisions of Resolution No. PC2001 -18, approving Conditional Use Permit No. 2001 - 04318, shall remain in full force and effect. 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. PC2010 -111 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 a' • : _ .t the Planning Commission meeting of October 25, 2010. ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) CHAIRMAN, ANAH IM ITY PLANNING COMMISSION I, Eleanor 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 October 25, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, FAESSEL, KARAKI, PERSAUD, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AMENT, RAMIREZ IN WITNESS WHEREOF, I have hereunto set my hand this 25 day of October, 2010. SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 - PC2010 -111 I APN: 346-271-121 so 100 Fee[ EXHIBIT ''A" DEV2010 -00150 211 58' 465' 196.62' c) En co co 21' N E LA PALMA AVE Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +1- two to five feet. 11031 - 4 — PC2010 -111 NO. EXHIBIT "B" AMENDMENT TO CONDITIONAL USE PERMIT NO. 2001-04318 (DEV2010- 00150) CONDITIONS OF APPROVAL GENERAL 1 No required parking area shall be fenced -off or otherwise enclosed for outdoor storage uses. 2 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 two (2) business days from the time of discovery. 3 The location of a trash enclosure shall be provided in a location acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said information shall be specifically shown on the plans submitted for building permits. 4 No outdoor events shall be permitted, except as approved by special event permit from the City of Anaheim. 5 Adequate lighting of parking lots, shipping and receiving areas, driveways, circulation areas, and grounds contiguous to the building shall be provided with lighting of sufficient wattage to provide adequate illumination to clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property and vehicles on -site. 6 The applicant shall obtain an Off -Site Parking Permit from the Planning Department prior to commencing the expanded operation. The permit shall ensure use of a minimum of 314 additional off -site parking spaces during weekend operating hours. 7 That 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 Nos. 1 (Site), 2 (Landscape), 3 (Floor), 4 (Demolition Floor), and 5 (Elevations), and as conditioned herein. 5 SIGNED REVIEW BY OFF BY Code Enforcement Code Enforcement Public Works Planning Police Planning Planning PC2010 -111