Resolution-PC 2017-057RESOLUTION NO. PC2017-057
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING AND ADOPTING
CONDITIONAL USE PERMIT NO. 2017-05924
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2017-00059)
(530 NORTH DALE AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for Conditional Use Permit No. 2017-05924 to
permit the temporary relocation of the Braille Institute, to include a temporary modular unit, at
an existing church campus (the "Proposed Project") on the real property located at 530 North
Dale Avenue 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, approximately 1.86 acres in size, is currently developed
with a church campus and accessory classroom space. The Property is located within the "R -L"
Residential -Low land use designation of the Anaheim General Plan. The Property is also
located in the "T" Transition Zone and is subject to the zoning and development standards
contained in Chapter 18.14 (Public and Special -Purpose 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 June 26, 2017 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 proposed Conditional
Use Permit No. 2017-05924 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 Implementation of the California
Environmental Quality Act (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 consists 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 adoption of this resolution, 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
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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 Conditional Use Permit No. 2017-05924, does find and determine the
following:
1. The request for a conditional use permit for an Educational Institution — Business use
and a temporary modular unit are authorized within the "T" Transition Zone, subject to a conditional
use permit; and
2. The proposed use of the existing church campus 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 Proposed Project will operate during off peak hours and additional parking
spaces will be supplied to address the loss of spaces due to the location of the modular unit;
therefore, there will not be an overlap of the uses on-site, nor will the use result in an insufficient
number of parking spaces available on site; and
3. The size and shape of the site for the educational institution is adequate to allow the
full development of the proposed use in a manner not detrimental to the particular area or to the
health and safety to the citizens of Anaheim.
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 the Proposed Project will not exceed the anticipated volumes of traffic on the
surrounding streets and adequate parking will be provided to accommodate the proposed use. The
institution will operate during off peak hours, temporarily reduce enrollment capacity, and add
additional parking spaces and a parking attendant to ensure parking is accommodated entirely on
site during the temporary use of the church campus. Therefore, no additional traffic is proposed to
be generated by the temporary use.
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 since the proposed project
is temporary in nature and shall relocate to the adjacent parcel within a period of two years.
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, pursuant to the above findings, this
Planning Commission does hereby approve Conditional Use Permit No. 2017-05924, 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 that portion of the Property for which Conditional Use Permit No. 2017-05924 is
applicable in order to preserve the health, safety and general welfare of the citizens of the City of
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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.
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 June 26, 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:
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 June 26, 2017, by the following vote
of the members thereof-
AYES:
hereof
AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE,
KEYS, LIEBERMAN
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: WHITE
IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of June, 2017.
'00�01
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A„
DEV NO. 2017-00059
APN. 070-641-26
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2017-05924
(DEV2017-00059)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
GENERAL CONDITIONS
1
The facility shall operate in accordance with the Letter of
Planning Division,
Operation submitted as part of the application. Any changes to the
Planning and Building
facility's operation described in the Letter of Operation shall be
Department
subject to review and approval by the Planning Director to
determine substantial conformance with said letter and to ensure
compatibility with the surrounding uses.
2
The facility shall operate in accordance with the Parking Mitigation
Planning Division,
Plan submitted as part of the application, including the use of a
Planning and Building
parking attendant on Sunday's, during peak parking demand
Department
periods, to monitor the use of the 20 tandem parking spaces. Any
changes to the facility's parking operations described in the
Parking Mitigation Plan shall be subject to review and approval by
the Planning Director to determine substantial conformance with
said letter and to ensure compatibility with the surrounding uses.
3
This Conditional Use Permit shall be permitted for a period of two
Planning Division,
years from the date of this approval.
Planning and Building
Department
4
Building permits shall be obtained for the installation of the
Building Division,
temporary modular unit.
Planning and Building
Department
5
The Applicant is responsible for paying all charges related to the
Planning Division,
processing of this discretionary case application within 30 days of
Planning and Building
the issuance of the final invoice or prior to the issuance of building
Department
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.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
6
The Applicant shall defend, indemnify, and hold harmless the City
Planning Division,
and its officials, officers, employees and agents (collectively
Planning and Building
referred to individually and collectively as "Indemnitees") from
Department
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.
7
The property shall be developed substantially in accordance with
Planning Division,
plans and specifications submitted to the City of Anaheim by the
Planning and Building
applicant and which plans are on file with the Planning Department
Department
and as conditioned herein.
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