Resolution-PC 2014-117RESOLUTION NO. PC2014 -117
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2013 -05688 AND
VARIANCE NO. 2014 -04993 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2013- 00084)
(2508 WEST WOODLAND DRIVE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission ") did receive a verified petition to approve (i) Conditional Use Permit No. 2013-
05688 to permit a church within an existing industrial building, and (ii)Variance No. 2014 -04993
to permit fewer parking spaces than required by the Anaheim Municipal Code (the "Code ") for
premises located on that certain real property at 2508 West Woodland Drive (collectively
referred to herein as the "Proposed Project ") 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 .55 -acre in size and is developed with
an industrial building. The Property is located in the "I" Industrial Zone and is designated for
Industrial land uses in the General Plan; and
WHEREAS, on December 15, 2014, the Planning Commission did hold a public
hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been
duly given in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear
and consider evidence for and against proposed Conditional Use Permit No. 2013 -05688 and
Variance No. 2014 - 04993, 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 (i.e.,
Class 1 — Existing Facilities) 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 a church within an existing industrial building with fewer
parking spaces than required by the Zoning Code, does find and determine the following facts
with respect to proposed Conditional Use Permit No. 2013 - 05688:
The proposed request to allow a church in an existing industrial building within the "P'
Industrial Zone is properly one for which a conditional use permit is authorized by
subsection .010 of Section 18.10.030 (Uses) of the Code; and
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2. The proposed conditional use permit to allow a church in an existing industrial
building, as conditioned herein, would not adversely affect the adjoining land uses
and the growth and development of the area in which it is proposed to be located
because the church use will occur when adjacent businesses are closed; and
3. The size and shape of the site for the use is adequate to allow the full development of
the church in a manner not detrimental to the particular area or to the health and
safety because the use will be entirely within an existing building; and
4. The traffic generated by the proposed church 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 occur during off peak hours of the
adjacent businesses; 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 as the
proposed the church will be compatible with the surrounding area because the use is
integrated with other uses on within the commercial center and is not a health or
safety risk to the citizens of the City of Anaheim.
WHEREAS, the Planning Commission does further find and determine that the
request for a variance to permit less parking than required by the Code in conjunction with the
proposed church an existing industrial building should be approved for the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(42 spaces required; 16 spaces existing)
1. That the variance, under the conditions imposed, if any, will not cause fewer
off - street parking spaces to be provided for the proposed use than the number of such spaces
necessary to accommodate all vehicles attributable to such use under the normal and reasonably
foreseeable conditions of operation of such use. A parking demand /operational letter was
prepared by the applicant indicating that the current number of parking spaces, along with 38
additional parking spaces on adjacent property, is sufficient to accommodate the use; and
2. That the variance, under the conditions imposed, if any, will not increase the
demand and competition for parking spaces upon the public streets in the immediate vicinity of
the proposed use because on -site parking and parking provided by the adjacent industrial
properties for use by the church would adequately accommodate the parking demands of the
proposed church; and
3. That the variance, under the conditions imposed, if any, will not increase the
demand and competition for parking spaces upon adjacent private property in the immediate
vicinity. The church would generate a peak parking demand of 38 parking spaces, while 54
spaces would be available including parking provided by the adjacent industrial properties; and
4. That the variance, under the conditions imposed, if any, will not increase
traffic congestion within the off - street parking areas or lots provided for the proposed use
because the project site provides adequate ingress and egress points to the property and are
designed to allow for adequate on -site circulation; and
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5. That the variance, under the conditions imposed, if any, will not impede
vehicular ingress to or egress from adjacent properties upon the public streets in the immediate
vicinity of the proposed use because the project site has existing ingress or egress access points
that are designed to allow adequate on -site circulation and, therefore, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of
the church.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby approve Conditional Use Permit No. 2013 -05688 and Variance No. 2014 - 04993,
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 Anaheim
Municipal 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 Anaheim Municipal
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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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of December 15, 2014. Said Resolution is subject to the appeal provisions set forth in
Chapter 18.60 of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
4 :a'�( rr��
CHA MAN, PL NG COMMISSION
F E CITY O AHEIM
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 December 15, 2014, by the following vote of the
members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI,
LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 15 day of
December, 2014.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT " A "
DEV NO. 2013 -00084
o so ioo
F O
Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
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W LA PA LMA AVE
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2013-05688
AND VARIANCE NO. 2014 -04993
(DEV2013- 00084)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
OPERATIONAL CONDITIONS
1
No required parking area shall be fenced or otherwise enclosed
Planning Department,
for outdoor storage.
Code Enforcement
2
The church shall be operated in accordance with the Letter of
Request and Parking Letters submitted as part of this
Planning Department,
application. Any changes to the church operation as described
Planning Services Division
in that document shall be subject to review and approval by the
Planning Director.
3
This church facility shall not include any child day care or pre-
Planning Department,
school activities, except during church services.
Code Enforcement
4
No portable signs shall be utilized to advertise the church.
Planning Department,
Code Enforcement
5
The property shall be permanently maintained in an orderly
Planning Department, Code
fashion through the provision of regular landscaping
Enforcement Division
maintenance, removal of trash or debris, and removal of
graffiti within twenty four (24) hours from time of occurrence.
6
All exterior doors shall have their own light source, which
shall adequately illuminate door areas at all hours to make
Police Department
clearly visible the presence of any person on or about the
premises and provide adequate illumination for persons exiting
the building.
7
Applicant shall complete a Burglary /Robbery Alarm Permit
application, Form APD 516, and return it to the Police
Police Department
Department prior to initial 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
8
The project shall be shown to comply with the requirements of
Fire Department
an A occupancy in accordance with the 2010 California
Building Code.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
9
The applicant shall enter into a license, lease or rental
Planning Department,
agreement with the owner of the adjacent property located at
Planning Services Division
2512 -2516 West Woodland Drive granting to the applicant and
its invitees a revocable, non - exclusive right to park in 38
parking spaces and to use the roadways and driveways for
ingress and egress solely for the purpose of accessing the
parking spaces on Sundays from 9:30 a.m. to 1:30 p.m. Said
instrument shall not be revoked, terminated, amended or
modified in any manner that would materially and adversely
affect the rights of the applicant to use the parking spaces and
the roadways and driveways without giving prior written
notice to the City of Anaheim; provided, however, that the
owner of 2512 -2516 West Woodland Drive shall have no
obligation to so notify the City. The license, lease or rental
agreement shall be in a form acceptable to the City Attorney
and thereafter recorded in the Official Records of the County
of Orange. A recorded copy of said instrument shall be filed
with the Planning Division.
GENERAL CONDITIONS
10
The applicant is responsible for paying all charges related to
the processing of this discretionary case application within 30
Planning Department,
days of the issuance of the final invoice or prior to the issuance
planning Services Division
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.
11
The Applicant shall defend, indemnify, and hold harmless the
City and its officials, officers, employees and agents
Planning Department,
(collectively referred to individually and collectively as
"Indemnitees ")
Planning Services Division
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.
12
The Property shall be developed substantially in accordance
Planning Department,
with plans and specifications submitted to the City of Anaheim
Planning Services Division
by the applicant and which plans are on file with the Planning
Department and as conditioned herein.
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