Resolution-PC 2017-012RESOLUTION NO. PC2017-012
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 1525A
AND VARIANCE NO. 2016-05082 AND MAKING CERTAIN FINDINGS
IN CONNECTION THEREWITH
(DEV2016-00057)
(1853 WEST BALL ROAD AND 944 SOUTH NUTWOOD STREET)
WHEREAS, by the adoption of its Resolution No. PC75-66 on March 31, 1975, and
subject to certain conditions of approval (herein referred to as the "Original Conditions of
Approval"), the Planning Commission of the City of Anaheim (the "Planning Commission")
approved Conditional Use Permit 1525 (the "Original CUP"), which permitted the construction
of a church facility on that certain real property located at 1853 West Ball Road in the City of
Anaheim (the "Church Parcel"). The Church Parcel and the "Adjacent Parking Parcel" (as
defined below) are generally depicted on the map attached hereto as Exhibit A and incorporated
herein by this reference; and
WHEREAS, Conditional Use Permit No. 1525A is proposed in conjunction with
proposed Variance No. 2016-05082 to permit an off-site parking lot with a reduced landscaped
setback on that certain real property located adjacent to the Church Parcel and commonly known
as 944 South Nutwood Street (hereafter referred to as the "Adjacent Parking Parcel") to
accommodate additional parking for the church facility. Conditional Use Permit No. 1525A and
Variance No. 2016-05082 shall be referred to herein collectively as the "Proposed Project"; and
WHEREAS, the Church Parcel is approximately 2.5 acres in size and is currently
occupied with a church facility. The Adjacent Parking Parcel is approximately 0.35 acres in size
and is currently vacant. Both parcels are located in the "C -G" General Commercial Zone and are
subject to the zoning and development standards of Chapter 18.08 (Commercial Zones) of the
Anaheim Municipal Code (the "Code"). The Anaheim General Plan designates both parcels for
Residential Low -Medium Density land uses; and
WHEREAS, the Planning Commission did hold a public hearing on January 23, 2017 at
5:00 p.m. at the Civic Center in the City of Anaheim, 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 proposed Conditional
Use Permit No. 1525A and Variance No. 2016-05082 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
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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 11 —
Accessory Structures) which consist of the construction, or placement of minor structures
accessory to existing commercial, industrial, or institutional facilities. Section 15311 of the
CEQA Guidelines provides examples of projects that qualify for an exemption from the
provisions of CEQA, one of which being small parking lots. Since the Proposed Project consists
of the expansion of the existing parking lot to an adjacent off-site vacant property, 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. 1525A, does find and
determine the following:
1) That the proposed use is properly one for which a conditional use permit is
authorized by this code as a substantive change to the approved site plan is proposed is permitted
under Section 18.60.190 (Amendment of Permit Approval) of Chapter 18.60 (Procedures) of the
Code.
2) That the proposed use will not adversely affect the adjoining land uses, or the
growth and development of the area in which it is proposed to be located in that the new parking
lot expansion will be accessory to an existing church facility and the existing 6 foot block wall
along the northern property will remain; therefore, no visual change is proposed. The church
does not propose to expand or modify the current church operations; therefore, no impact to the
surrounding area will occur as a result of the expansion of the existing church parking lot.
3) That the size and shape of the site proposed for the use is adequate to allow the
full development of the proposed use, in a manner not detrimental to either the particular area or
health and safety in that the size and shape of the site proposed for the use is adequate to allow
the full development of the proposed use in a manner not detrimental to the particular are, in that
the design proposed is adequate to ensure a seamless extension of the existing parking lot on the
adjacent property and therefore it is not anticipated to adversely affect development of the area.
4) That the traffic generated by the proposed use 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
street; and
5) That the granting of the conditional use permit under the conditions imposed, if
any, will not be detrimental to the health and safety of the citizens of the City of Anaheim in that
that the church does not propose to increase the intensity of the existing use, but rather provide
additional parking to meet the existing demand.
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WHEREAS, based upon the request letter submitted by the applicant and observations
made by staff, the Planning Commission does further find and determine that the request for
Variance No. 2016-05082 for reduced landscape setbacks should be approved for the following
reasons:
SECTION NO. 18.08.060.010.0101 Minimum landscaped setback.
(10 feet required; 0 feet proposed)
1. That there are special circumstances applicable to the Property, including size,
shape, location and surroundings, which do not apply to other property under the identical zoning
classification in the vicinity of the Proposed Project. The subject property has a width of 102
feet, a depth of 150 feet, and a lot area of 0.35 acres, which makes the subject property narrower
and smaller than the other C -G zoned lots in the immediate vicinity, which restricts development
opportunities on the property. In addition, the applicant proposes to fully landscape the parking
lot and front landscape setback which would provide significantly more landscaping than what
exists on the site currently.
2. That, because of these special circumstances, strict application of the Zoning
Code deprives the property of privileges enjoyed by other property under the identical zoning
classification in the vicinity because this lot size is narrower and smaller than other surrounding
C -G zoned properties in the vicinity. This snakes it difficult to meet all of the development
standards while providing adequate setbacks for the parking lot expansion. Compliance with the
required minimum landscape setback along the northern property line would significantly reduce
the number of potential parking spaces added. As proposed, the project would include new a
parking lot and landscape planters with clinging vines along the existing 6 -foot high block wall
along the northern and southern property lines.
WHEREAS, this 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. This 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. 1525A and Variance No. 2016-05082 contingent upon and
subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated
herein by this reference (the "Revised Conditions of Approval"); and
BE IT FURTHER RESOLVED that, effective upon the effective date of this Resolution
and the effective date of the resolution approving Conditional Use Permit No. 1525A and
Variance No. 2016-05082, now pending, the Revised Conditions of Approval hereby amend the
Original Conditions of Approval in their entirety. All references to the conditions of approval
for the Original CUP, as amended by Conditional Use Permit No. 1525A, shall be to the Revised
Conditions of Approval attached to this Resolution as Exhibit B, which shall control and govern
the Original CUP, as amended by Conditional Use Permit No. 1525A; and
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BE IT FURTHER RESOLVED that the Revised Conditions of Approval, as they relate to
the uses permitted under the Original CUP, as amended by Conditional Use Permit No. 1525A,
are hereby found to be a necessary prerequisite to the proposed use of the Church Parcel and the
Adjacent Parking Parcel 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
associated with Conditional Use Permit No. 1525A and Variance No. 2016-05082 may be
granted in accordance with Section 18.60.170 of the Code. Timing for compliance with
conditions of approval associated with Conditional Use Permit No. 1525A and Variance No.
2016-05082 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 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
January 23, 2017. 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.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
r
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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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 January 23, 2017, by the following vote of the
members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, CARBAJAL, DALATI,
HENNINGER, LIEBERMAN, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
2017.
IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of January,
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2016-00057
APN: 128-291-39 a W BEACON AVE
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O0 so 100 Source: Recorded Tract Maps and/or City GIS.
Feet Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 1525A AND
VARIANCE NO. 2016-05082
(DEV2016-00057)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
PRIOR TO THE ISSUANCE OF A BUILDING/GRADING PERMIT
1
That all backflow equipment shall be located above ground outside of
Public Utilities Department,
the street setback area in a manner fully screened from all public
Water Engineering
streets and alleys. Any backflow assemblies currently installed in a
vault will have to be brought up to current standards. Any other large
water system equipment shall be installed to the satisfaction of the
Water Engineering Division outside of the street setback area in a
manner fully screened from all public streets and alleys. Said
information shall be specifically shown on plans and approved by
Water Engineering and Cross Connection Control Inspector.
2
That all requests for new water services, backflow equipment, or fire
Public Utilities Department,
lines, as well as any modifications, relocations, or abandonments of
Water Engineering
existing water services, backflow equipment, and fire lines, shall be
coordinated and permitted through Water Engineering Division of the
Anaheim Public Utilities Department.
3
That all existing water services and fire services shall conform to
Public Utilities Department,
current Water Services Standards Specifications. Any water service
Water Engineering
and/or fire line that does not meet current standards shall be upgraded
if continued use is necessary or abandoned if the existing service is
no longer needed. The owner/developer shall be responsible for the
costs to upgrade or to abandon any water service or fire line.
4
That individual water service and/or fire line connections will be
Public Utilities Department,
required for each parcel or residential, commercial, industrial unit per
Water Engineering
Rule 18 of the City of Anaheim's Water Rates, Rules and
Regulations.
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
5
Owner shall install an approved backflow prevention assembly on the
Public Utilities Department,
water service connection(s) serving the property, behind property line
Water Engineering
and building setback in accordance with Public Utilities Department
Water Engineering Division requirements.
OPERATIONAL CONDITIONS
The driveway gate shall remain open during business hours.
Public Works Department,
,
L
Traffic Engineering
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
GENERAL CONDITIONS
7
The Applicant shall defend, indemnify, and hold harmless the City
Planning and Building
and its officials, officers, employees and agents (collectively referred
Department,
to individually and collectively as "Indemnitees") from any and all
planning Services 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
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 and Building
processing of this discretionary case application within 30 days of
Department,
the issuance of the final invoice or prior to the issuance of building
Planning Services 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 property shall be developed substantially in accordance with
Planning and Building
plans and specifications submitted to the City of Anaheim by the
Department,
applicant and which plans are on file with the Planning and Building
Planning Services Division
Department.
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