Resolution-PC 2014-069RESOLUTION NO, PC2014 -069
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT NO. 2014 -05735
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2414- 00040)
(3 10 WEST BROADWAY)
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.
2014 -05735 to permit a preschool /elementary school for up to 100 students in conjunction with
an existing church facility (herein referred to as the "Proposed Project ") for certain real property
located at 310 West Broadway 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, consisting of approximately 1.9 acres, is developed with a
church facility. The Anaheim General Plan designates the Property for Medium Density
Residential land uses. The Property is located within the Multiple - Family Residential (RM -4)
Zone. As such, the Property is subject to the zoning and development standards described in
Chapter 18.06 (Multiple - Family Residential Zones) of the Anaheim Municipal Code (the
"Code "); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on August 11, 2014 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 Code, to hear and consider evidence for and against said proposed
Conditional Use Permit No. 2014- 05735, 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 Conditional Use Permit No. 2014- 05735, does find
and determine the following facts:
1. The request to permit a private preschool /elementary school in an existing church is
properly one for which a conditional use permit is authorized under paragraph .0402 of
subsection .040 of Section 18.06.030 (Uses) of the Code.
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2. The private preschool /elementary school in an existing church, under the conditions
imposed, will not adversely affect the surrounding land uses, or the growth and
development of the area in which it is proposed to be located because the private
preschool /elementary school will be compatible with the surrounding office and
residential uses in the area. Further, the existing use has proven to be compatible with
surrounding land uses within the area.
3. The size and shape of the Property is adequate to allow the full operation of the existing
church and preschool /elementary school because no exterior expansion of the building is
proposed. Church services and related activities currently occur on the Property in a
manner not detrimental to the particular area or to the health, safety and general welfare.
Further, there is adequate parking and internal vehicular ciurlation to support the church,
on -site tenants and preschool /elementary school, provided that they operate at the hours
as described in the plan of operation submitted by the applicant with its application for
the Conditonal Use Permit.
4. The traffic generated by the use is negligible and would not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area. No
significant intensification of church activity is associated with the addition of the private
preschool /elementary school.
5. The granting of Conditional Use Permit No. 2014 -05735 under the conditions imposed
will not be detrimental to the health and safety of the citizens of the City of Anaheim and
will provide an integrated 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. 2014 - 05735, 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of August 11, 2014. 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.
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim,
do hereby certify that the foregoing resolution was passed and adopted at a meeting of the
Planning Commission of the City of Anaheim held on August 11, 2014, by the following vote of
the members thereof:
AYES: COMMISSIONERS: CALDWELL, DALATI, LIEBERMAN, RAMIREZ,
SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this 11 `" day of August, 2014.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NQ, 2014 -00040
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Source: Recorded Tract Maps and /or City GIS.
••� = eet Please note the accuracy is +/- two to five feet.
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2014 -05735
(DEV2014- 00040)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
WITHIN 90 DAYS OFAPPROVAL OF THE CONDITIONAL USE PERMIT
1 '
The existing trash bins shall be screened from the public view along
Public Works
Helena Street with slats on the existing gates.
Department, Streets
and Sanitation
OPERATIONAL CONDITIONS
2 '
To ensure adequate parking supply, the preschool /elementary school
Planning
shall not operate at the same time as the primary worship services of the
Department,
church.
planning Services
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3.
Planning
The preschool /elementary school shall be limited to a maximum of 100
Department,
children.
Planning Services
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GENERAL CONDITIONS OFAPPROVAL
4.
The Applicant shall defend, indemnify, and hold harmless the City and its
Planning
officials, officers, employees and agents (collectively referred to
Department,
individually and collectively as "Indemnitees ") from any and all claims,
Planning Services
actions or proceedings brought against Indemnitees to attack, review, set
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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.
5 '
The applicant is responsible for paying all charges related to the
Planning
processing of this discretionary case application within 30 days of the
Department,
issuance of the final invoice or prior to the issuance of building permits
Planning Services
for this project, whichever occurs first. Failure to pay all charges shall
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result in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
6.
The subject Property shall be developed substantially in accordance
Planning
with plans and specifications submitted to the City of Anaheim by the
Department,
petitioner and which plans are on file with the Planning Department,
Planning Services
and as conditioned herein.
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