Resolution-PC 2016-059RESOLUTION NO. PC2016-059
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2016-05854
AND VARIANCE NO. 2016-05058 AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2016-00006)
(1815 EAST CENTER STREET AND 115 NORTH COFFMAN STREET)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve (i) Conditional Use Permit No. 2016-
05854 to permit and retain a church, and (ii) Variance No. 2016-05058 to allow fewer parking
spaces than required by the Anaheim Municipal Code (the "Code") for the aforementioned use
(collectively referred to herein as the "Proposed Project") for premises located at that certain real
property at 1815 East Center Street and 115 North Coffinan Street, 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 0.47 acres in size and is currently
developed with a 8,134 square foot, two-story building and a parking lot on a separate
contiguous parcel. The Anaheim General Plan designates the Property for Mixed -Use land uses.
The Property is located in the Low Intensity Office Zone and is subject to the zoning and
development standards of the "O -L" Low Intensity Office Zone contained in Chapter 18.08
(Commercial Zones) of the Anaheim Municipal Code (the "Code"); and
WHEREAS, a duly noticed public hearing was scheduled before the Planning
Commission at the Civic Center in the City of Anaheim on July 25, 2016 at 5:00 p.m. to hear and
consider evidence and testimony for and against the Proposed Project and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA'), the State of California Guidelines for the Implementation of the California
Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code
of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA
Procedure Manual, the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project; and
WHEREAS, the Planning Commission finds and determines that the effects of the
Proposed Project are typical of those generated within that class of projects (i.e., Class 1 —
Existing Facilities) which consist of the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use beyond that
existing at the time of this determination, and that, therefore, pursuant to Section 15301 of the
CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment
and is, therefore, categorically exempt from the provisions of CEQA; and
- 1 - PC2016-059
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. 2016-05854, does find
and determine the following:
1. The request for a conditional use permit to permit the Proposed Project is an
allowable use authorized by Subsection .010 of Section 18.36.040 (Community & Religious
Assembly) of the Code, subject to a conditional use permit and the zoning and development
standards of the underlying "O -L" Low Intensity Office Zone pursuant to subsection .010
(Primary Uses) of Section 18.08.030 (Uses) of Chapter 18.08 of the Code.
2. The conditional use permit, under the conditions imposed, will not adversely
affect the surrounding land uses and the growth and development of the area because the
Property is developed with a commercial building and there are a sufficient amount of spaces in
the off-site parking lot to accommodate the parking demand for the church, subject to approval
of Variance No. 2016-05058.
3. The size and shape of the Property is adequate to allow the full operation of the
proposed use in a manner not detrimental to the particular area or to the health, safety and
general welfare because the facility is located within an existing commercially -zoned property
that provides a sufficient number of on-site parking spaces, and vehicle circulation will be in
accordance with the plans and materials submitted.
4. The traffic generated by the use would not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because the number
of vehicles entering and exiting the site by this use will not exceed the anticipated volumes of
traffic on the surrounding streets and adequate parking and circulation will be provided to
accommodate the use.
5. The granting of Conditional Use Permit No. 2016-05854 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.
WHEREAS, based upon the parking study prepared by the applicant's parking
consultant, Traffic Safety Engineers, the Planning Commission does further find and determine
that the request for Variance No. 2016-05058 to permit less parking spaces than required by the
Code should be approved for the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking _ spaces.
(45 spaces required; 36 on-site spaces proposed)
1. Based upon a review of the findings of a parking study prepared by the
applicant's parking consultant, the variance, under the conditions imposed, 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 because ample and adequate parking is provided
within an on-site parking lot of the Proposed Project to accommodate the existing demand for
on-site parking spaces; and
- 2 - PC2016-059
2. That the variance, under the conditions imposed, will not increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity of the
proposed use because ample and adequate parking is provided within an on-site parking lot.
Moreover, a parking survey determined that less than 81 percent of these spaces are utilized
during the periods when the Proposed Project will experience its highest parking demand; and
3. That the variance, under the conditions imposed, will not increase the demand
and competition for parking spaces upon adjacent private property in the immediate vicinity of
the proposed use because ample and adequate parking is provided within an on-site parking lot;
and
4. That the variance, under the conditions imposed, will not increase traffic
congestion within the off-street parking areas or lots provided for the proposed use because the
Property provides adequate ingress and egress points which are designed to allow for adequate
on-site circulation; and
5. That the variance, under the conditions imposed, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of
the proposed use because because ample and adequate parking is provided within an on-site
parking lot.
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. 2016-05854 and Variance No. 2016-05058, and further
contingent upon and subject to the conditions of approval set forth 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 under Conditional Use Permit No. 2016-05854 and Variance
No. 2016-05058 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, (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.
- 3 - PC2016-059
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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of July 25, 2016. 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.
CkIAIR, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - PC2016-059
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 July 25, 2016 by the following vote of the members
thereof:
AYES: COMMISSIONERS: CALDWELL, DALATI, LIEBERMAN, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, HENNINGER
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this 25`h day of July, 2016.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 5 - PC2016-059
EXHIBIT "A"
DEV NO. 2016-00006
APN: 035-281-44
035-281-43 GVQRE55 SS
2
L
rr �
n
Z O
Z
1a9�
o' 11i• w
w
n
g6'
E CENSER SZ
E LINCOLN AVE
LU E FRONTAGE RD
U O
O `
LL
LL
J =
U 6.±
iA W
W
m
5 0 rj E �� u+
s
o soo ioc Source: Recorded Tract Maps and/or City GIS.
Feet Please note the accuracy is +/- two to five feet.
- 6 - PC2016-059
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2016-05854 AND
VARIANCE NO. 2016-05058
(DEV2016-00006)
- 7 - PC2016-059
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
OPERATIONAL CONDITIONS OF APPROVAL
1
The availability of parking for this church use shall be operated in
Planning Department,
accordance with the Parking Study submitted as part of this
Planning Services
application. Any changes to the church operation as described in
Division
that document shall be subject to review and approval by the
Planning Director to determine substantial conformance to ensure
compatibility with the surrounding uses.
2
All parking shall occur on-site. Should the parking demand exceed
Planning Department,
the amount of on-site parking, the applicant shall submit a request to
Planning Services
modify the Coniditional Use Permit and Variance, subject to the
Division
approval of the Planning Commission.
3
No additional meetings or events shall occur during worship
Planning Department,
services.
Planning Services
Division
4
The only accessory school activity in connection with this church
Planning Department,
shall be Sunday school and Bible study. This facility shall not be
Planning Services
used as a private daycare, nursery, elementary, junior and/or senior
Division
high school.
5
There shall be no outdoor activity or audible bells associated with
Planning Department,
any church activities.
Planning Services
Division
GENERAL CONDITIONS OFAPPROVAL
6
Any graffiti painted or marked upon the premises or on any adjacent
Planning Department,
area under the control of the property owner shall be removed or
Code Enforcement
painted over within 24 hours of being applied.
Division
7
The Applicant shall defend, indemnify, and hold harmless the City
Planning Department,
and its officials, officers, employees and agents (collectively referred
Planning Services
to individually and collectively as "Indemnitees") from any and all
Division
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
- 7 - PC2016-059
- 8 - PC2016-059
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
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.
8
The applicant is responsible for paying all charges related to the
Planning Department,
processing of this discretionary case application within 30 days of the
Planning Services
issuance of the final invoice or prior to the issuance of building
Division
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 Department,
with plans and specifications submitted to the City of Anaheim by
Planning Services
the petitioner and which plans are on file with the Planning
Division
Department, and as conditioned herein.
- 8 - PC2016-059