Resolution-PC 2013-038RESOLUTION NO. PC2013 -038
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2013 -05660
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2013- 00024)
(8161 EAST KAISER BOULEVARD)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the
"Planning Commission ") did receive a verified petition to approve Conditional Use Permit No.
2013 -05660 to permit a religious and community assembly hall within an office building in
conjunction with a United States Post Office (herein referred to as the 'Proposed Project ")
located at 8161 East Kaiser Boulevard in the City of Anaheim, County of Orange, State of
California, as generally depicted on the map attached hereto as Exhibit A and incorporated
herein by this reference (the "Property "); and
WHEREAS, the Property is approximately 2.4 -acres in size and is developed with an
existing office building. The Property is located in the Office Low (SC) Scenic Corridor Overlay
Zone. The Anaheim General Plan designates the Property for Office -Low land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on May 20, 2013 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 Chapter 18.60
(Procedures) of the Anaheim Municipal Code (herein referred to as the "Code "), 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, as the lead agency under the California Environmental Quality Act (Public
Resources Code Section 21000 et seq.; herein referred to as "CEQA" ), the Planning Commission
finds and determines that the Proposed Project is within that class of projects which consist of the
repair, maintenance, and/or minor alteration of existing public or private structures or facilities,
involving negligible or no expansion of use beyond that existing at the time of this determination,
and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations,
the Proposed Project will not cause a significant effect on the environment and is, therefore,
categorically exempt from the provisions of CEQA; and
WHEREAS, the 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 community and religious assembly hall and to retain
a portion of the building for use as a post office by the United States Postal Service ( "USPS "),
does find and determine the following facts:
1. The Proposed Project is properly one for which a conditional use permit is
authorized under Section No. 18.08.030.010 of the Code.
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2. The Proposed Project 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 church
activities will be contained on the subject Property and the United States Post Office is an
existing use within the building;
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
utilized by the USPS and there is no proposed expansion of the building in order to
accommodate the proposed church use; and
4. The traffic generated by the Proposed Project will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area because the
traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding
streets. Further, the proposed church will operate during hours of off -peak parking demand of
the post office; and
5. 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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2013 - 05660, contingent upon and subject to the conditions
of approval described in Exhibit B attached hereto and incorporated herein by this reference,
which are hereby found to be a necessary prerequisite to the proposed use of the 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 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 Code, and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation 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 Code.
BE IT FURTHER RESOLVED that the 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.
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BE IT FURTHER RESOLVED that approval of this application constitutes approval of
the proposed request only to the extent that it complies with the 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
May 20, 2013. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
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ATTEST: CHAIR, ANAHEIM CITY P�N COMMISSION
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
Planning Commission held on May 20, 2013, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, FAESSEL, PERSAUD
IN WITNESS WHEREOF, I have hereunto set my hand this 20 day of May, 2013.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
3- PC2013 -038
EXHIBIT "A"
DEV NO. 2013-00024
APN: 354 -051 -31
4
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Source: Recorded Tract Maps and /or City GIS.
reee Please note the accuracy is +/- two to five feet.
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2013-05660
(DEV2013- 00024)
NO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED
OFF BY
GENERAL
1
This church facility shall not include any child day care or pre-
Code
school activities, except during church services.
Enforcement
2
No outdoor uses and/or assembly or outdoor storage shall occur
Code
on the property.
Enforcement
3
Church services shall be permitted from 6:30 p.m. to 11:00 p.m.
Code
on weekdays, with no time restrictions on weekends. Church
Enforcement
office uses are not subject to this restriction.
4
No portable signs shall be utilized to advertise the church.
Code
Enforcem
5
The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days
of the issuance of the final invoice or prior to the issuance of
Planning
building permits for this project, whichever occurs first. Failure
to pay all charges shall result in delays in the issuance of required
permits or may result in the revocation of the approval of this
application.
6
The property shall be permanently maintained in an orderly
fashion through the provision of regular landscaping
Code
maintenance, removal of trash or debris, and removal of graffiti
Enforcement
within twenty four (24) hours from time of occurrence.
7
"No Trespassing 602(k) P.C." posted at the entrances of parking
police
lotststructures and located in other appropriate places. Signs
must be at least 2' x F in overall size, with white background
and black 2" lettering.
8
All entrances to parking areas shall be posted with appropriate
signs per 22658(a) C.V.C., to assist in removal of vehicles at the
Police
property owners/managers request.
9
All exterior doors shall have their own light source, which shall
police
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 persons exiting the building.
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NO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED
OFF BY
10
Building shall be equipped with a comprehensive security alarm
system (silent or audible) for the following coverage areas:
police
1) Perimeter building and access route protection.
2) High valued storage areas (to include)
a) Audio/ Visual room
b) Donation collection/counting room
c) Room or office containing safe.
11
Complete a Burglary/Robbery Alarm Permit application, Form
APD 516, and return it to the Police Department prior to initial
police
alarm activation. This form is available at the Police
Department front counter, or it can be downloaded from the
following web site: http : / /www.anaheim.net/article.asp ?id =678
12
The existing snorkel driveway shall be closed prior to final
Public Works
building and zoning inspection. The existing mail drop box
may be relocated to any existing landscaped planter area such
that vehicle queuing does not block the entrance driveway.
13
The Applicant shall defend, indemnify, and hold harmless the
Planning
City and its officials, officers, employees and agents
(collectively referred to individually and collectively as
"Indemnitees ") from any and all claims, actions or proceedings
brought against Indemnitees to attack, review, set aside, void,
or annul the decision of the Indemnitees concerning this permit
or any of the proceedings, acts or determinations taken, done, or
made prior to the decision, or to determine the reasonableness,
legality or validity of any condition attached thereto. The
Applicant's indemnification is intended to include, but not be
limited to, damages, fees and/or costs awarded against or
incurred by Indemnitees and costs of suit, claim or litigation,
including without limitation attorneys' fees and other costs,
liabilities and expenses incurred by Indemnitees in connection
with such proceeding.
14
The subject property shall be developed substantially in
Planning
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.
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