Resolution-PC 2017-052RESOLUTION NO. PC2017-052
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2017-05906
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2017-00019)
(2121 WEST CRESCENT AVENUE, SUITE D)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve Conditional Use Permit No. 2017-05906
to permit and retain an existing community and religious assembly use for premises located at that
certain real property at 2121 West Crescent Street, Suite D, 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 3.44 -acres in size and is currently
developed with four single story industrial buildings. The Anaheim General Plan designates the
Property for Industrial land uses. The Property is located in the "I" Industrial Zone and is subject
to the zoning and development standards contained in Chapter 18.10 (Industrial 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 June 12, 2017 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
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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 the request for Conditional Use Permit No. 2017-05906, does find and
deterniine the following:
1. The proposed request to permit and retain a church in an existing industrial office
complex is an allowable use within the "I" Industrial Zone under subsection .010 of Section
18.10.030 (Uses) of Chapter 18.10 (Industrial Zones) of the Code, subject to a conditional use
permit and the zoning and development standards of the "I" Industrial Zone.
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 industrial buildings and there are a sufficient amount of parking spaces to
accommodate the parking demand for the church.
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 industrial building and a sufficient number of on-
site parking spaces and adequate vehicle circulation are provided on site.
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 will not exceed the anticipated volumes of traffic on the
surrounding streets to accommodate the use.
5. The granting of Conditional Use Permit No. 2017-05906 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, 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. 2017-05906, 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. 2017-05906 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.
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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 (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 12, 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:
_ � t
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 12, 2017 by the following vote of the members
thereof:
AYES: COMMISSIONERS: ARMSTRONG, DALATI, GILLESPIE, KEYS,
LIEBERMAN, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: CARBAJAL
IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of June, 2017.
a4.3 'om
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2017-05906
(DEV2017-00019)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
PRIOR TO ISSUANCE OF BUILDING PERMITS
1
The facility shall comply with the occupancy requirements in
Planning and Building
accordance with the California Building and Fire Codes. A Building
Department,
Permit shall be obtained within 90 days of the date of this resolution.
Planning Services
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OPERATIONAL CONDITIONS OF APPROVAL
2
The only school activity in connection with this church shall be
Planning and Building
religious or Bible study. This facility shall not be used as a private
Department,
daycare, nursery, elementary, junior and/or senior high school.
Planning Services
Division
3
The facility shall operate in accordance with the Letter of Operation
Planning and Building
submitted as part of the application. Any changes to the facility's
Department,
operation described in the Letter of Operation shall be subject to
Planning Services
review and approval by the Planning Director to determine substantial
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conformance with said letter and to ensure compatibility with the
surrounding uses.
GENERAL CONDITIONS OF APPROVAL
4
Any graffiti painted or marked upon the premises or on any adjacent
Planning and Building
area under the control of the property owner shall be removed or
Department,
painted over within 24 hours of being applied.
Code Enforcement
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5
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
claims, actions or proceedings brought against Indemnitees to attack,
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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.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
6
The applicant is responsible for paying all charges related to the
Planning and Building
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.
7
The subject Property shall be developed substantially in accordance
Planning and Building
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.
Division
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