Resolution-PC 2013-041RESOLUTION NO. PC2013 -041
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2013-05563
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2013- 00037)
(700 NORTH VALLEY STREET, UNITS D & E)
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 -05563 to permit a religious and community assembly hall within an industrial building
(herein referred to as the 'Proposed Project ") within an integrated industrial complex located at
700 North Valley Street, Units D and E 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 industrial building within which the Property is located is approximately
9.3 -acres in size and is developed with an existing industrial building. The Property is located in
the Industrial (I) Zone. 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 June 17, 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 to , 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. 18.10.030.010 of the Code.
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 services
will be limited to the days and hours when most businesses in the industrial complex are closed;
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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 industrial buildings
with no proposed expansion; 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 and there is adequate parking on -site to accommodate the use. Further, the church will
operate during hours of off -peak parking demand of other uses in the complex;
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 - 05563, 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.
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.
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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
June 17, 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.
CHAIR, ANAHEIM CIT6PLANNING COMMISSION
ATTEST:
SENIOR
LL
ARY, 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 June 17, 2013, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 17' day of June, 2013.
SENIOR
'ARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2013 -00037
APN: 072 - 060 -56
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W CATALPA AVE
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® Source: Recorded Tract Maps and /or City GIS.
re - Please note the accuracy is +/- two to five feet.
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2013-05563
(DEV2013- 00037)
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 on
Code
the property.
Enforcement
3
Church services shall be permitted from 6:30 p.m. to 11:00 p.m. on
Code
weekdays, with no time restrictions on weekends. Incidental church
Enforcement
office uses are not subject to this restriction.
4
No portable signage shall be utilized to advertise the church.
Code
Enforcement
5
No required parking area shall be fenced or otherwise enclosed for
outdoor storage.
Code
Enforcement
6
The property shall be permanently maintained in an orderly fashion
Code
through the provision of regular landscaping maintenance, removal
Enforcement
of trash or debris, and removal of graffiti within twenty four (24)
hours from time of occurrence.
7
The Applicant shall defend, indemnify, and hold harmless the City
Planning
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.
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NO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED
OFF BY
8
The applicant is responsible for paying all charges related to the
Planning
processing of this discretionary case application within 30 days of the
issuance of the final invoice or prior to the issuance of 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.
9
The subject property shall be developed substantially in accordance
Planning
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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