Resolution-PC 2013-069RESOLUTION NO. PC2013 -069
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2013 -05676
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2013- 00070)
(120 SOUTH CHAPARRAL COURT #100 & 110)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter
referred to as the "Planning Commission ") did receive a verified Petition for Conditional Use
Permit No. 2013 -05676 to permit a religious and community assembly hall (hereinafter referred
to as "church ") within an integrated business complex. The project is located at 120 South
Chaparral Court in the City of Anaheim, County of Orange, State of California. The location of
the project is depicted on the map attached hereto as Exhibit A and incorporated herein by this
reference (the "Property "); and
WHEREAS, the Property, consisting of approximately 1.2 acres, is developed with a
multi- tenant business complex. The Property is located in the Office Low (OL) (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 September 23, 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 (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 permit church within an integrated business complex
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.
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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 services
will be limited to the days and hours when most businesses in the business complex are closed;
3. The size and shape of the site is adequate to allow the full development of the
proposed church 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 business
complex 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 - 05676, 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 September 23, 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 CITY PLA ING COMMISSION
ATTEST:
SENIOR SECTARY, 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 September 23, 2013, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, CALDWELL, PERSAUD, RAMIREZ,
SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, LIEBERMAN
IN WITNESS WHEREOF, I have hereunto set my hand this 23 day of September, 2013.
SENIOR SE02F -TARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2013 -00070
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2013-05676
(DEV2013- 00070)
NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
GENERAL
1
Prior to commencement of the church use, the 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.
Department
2) High valued storage areas (to include)
3) A/V room /area
4) Donation collection/counting room
5) Room or office containing safe (if any).
2
Prior to commencement of the church use, the operator shall
complete a Burglary /Robbery Alarm Permit application, Form APD
516, and return it to the Police Department prior to initial alarm
Police
activation. This form is available at the Police Department front
Department
counter, or it can be downloaded from the following web site:
littp://www.anaheim.net/article.asp?id=678
3
This church facility shall not include any child day care or pre - school
Code
activities, except during church services.
Enforcement
4
No outdoor uses and /or assembly or outdoor storage shall occur on
Code
the property.
Enforcement
5
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.
6
No portable signage shall be utilized to advertise the church.
Code
Enforcement
7
No required parking area shall be fenced or otherwise enclosed for
Code
outdoor storage.
Enforcement
8
The property shall be permanently maintained in an orderly fashion
Code
through the provision of regular landscaping maintenance, removal of
Enforcement
trash or debris, and removal of graffiti within twenty four (24) hours
from time of occurrence.
9
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
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NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
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.
10
The subject property shall be developed substantially in accordance
with plans and specifications submitted to the City of Anaheim by the
Planning
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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