Resolution-PC 2009-076RESOLUTION NO. PC2009-076
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1, CATEGORICAL EXEMPTION
IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2003-04814 AND
AMENDING IN THEIR ENTIRETY, THE CONDITIONS OF APPROVAL IN
RESOLUTION NO. PC2004-9
(TRACKING NO. CUP2003-04814A)
(631 SOUTH BROOKHURST STREET)
WHEREAS, on January 12, 2004, the Anaheim City Planning Commission, by its
Resolution No. PC2004-9, did approve Conditional Use Permit No. 2003-04814 to permit a
church in an office building with a smaller setback for institutional uses adjacent to a residential
zone boundary than required by code, less parking lot landscaping than required by code, and
fewer parking spaces than required by code, on that certain real properiy situated in the City of
Anaheim, County of Orange, State of Califomia, as shown on Elchibit "A", attached hereto and
incorporated herein by this reference; and
WHEREAS, Resolution No. PC2004-9 adopting Conditiona] Use Permit No.
2003-04814 includes the foilowing condition of approval:
"9. That the church hours of operation shall be limited to 10:00 a.m. to 5:00
p.m., Monday through Friday for general office hours, and 8:00 a.m. to
4:00 p.m. for Saturday services. The church shall be permitted to have
three weeklong conferences/seminars per year. All church activities shall
end before 10 p.m., except special church holidays."
WHEREAS, on August 8, 2005, the Anaheim City Planning Commission did
approve a one year retroactive extension of time to comply with conditions of approval in
Conditional Use Permit No. 2003-04814; and
WHEREAS, the property is developed with an office building and is located in
the General Commercial- Brookhurst Commercial Corridor Overlay (CG(BCC)) zone and is
designated for Low-Medium Density Residential land uses in the City of Anaheim General Plan;
and
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition to amend Conditional Use Permit No. 2003-04814 (Tracking No. CUP2003-04814A) to
permit church services at anytime, except during normal office hours of 7:30 a.m. to 5:30 p.m.,
Monday through Friday, as set forth in Exhibit "B" attached hereto and incorporated herein by
this reference; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on September 14, 2009, at 230 p.m., notice of said public hearing
having been duly given as required by law and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said
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proposed amendment to the Conditional Use Permit and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, said 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, does find and determine the following facts:
l. The proposed amendment to Conditional Use Permit No. 2003-04814 for a church
in an office building in the General Commercial- Brookhurst Commercial Corridor Overlay
(CG(BCC)) zone is properly one for which a condirional use permit is authorized by Anaheim
Municipa] Code Section 18.08.030.010 (Uses) of the Zoning Code.
2. The proposed amendment to modify the hours of operation would not adversely
affect the surrounding land uses and the growth and development of the area in which it is
proposed to be located because the property is currently developed with an office building in
compliance with Code requirements.
3. The size and shape of the site is adequate to allow the full development of the
proposed use in a manner not detrimental to the particular area nor to the health, safety and
general welfare of the public because the property is currently improved with an office building
with no proposed expansion.
4. The traffic generated by the amendment to the conditional use permit to modify
the hours of operation of a church 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 are consistent with existing and permitted businesses within the
office building.
5. The granting of the amendment to 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.
WI-IEREAS, the proposed project falls within the definition of Categorical
Exemptions, Class 1(Existing Facilities) as defined in the State CEQA Guidelines, and is
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning
Commission, for the reasons hereinabove stated does hereby approve the amendment to
Conditional Use Permit No. 2003-04814 (Tracking No. CUP 2003-04814A) as described above.
BE IT FURTHER RESOLVED, that the Anaheim City Planning Commission
does hereby amend the conditions of approval of Resolution No. PC 2004-9, approving
Condirional Use Permit 2003-04814, in their entirety as described in E~ibit "B" attached hereto
and incorporated by this reference which are hereby found to be a necessary prerequisite to the
proposed use of the subject properiy in order to preserve the health, safety and general welfare of
the Citizens of the City of Anaheim.
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BE IT FURTHER RE50LVED that the Anaheim City 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 jurisdietion, then this Resolution, and any approvals
herein contained, shall be deemed null and void.
BE TI' FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the fmal invoice. Failure to pay all charges shall result in the revocation of the
approval of this application.
BE IT FURTHER RESOLVED, that this permit is approved without limitations
on the duration of the use. Amendments, modifications and revocations of this permit may be
processed in accordance with Chapters 18.60.190 (Amendment to Peanit Approval) and
18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal
Code.
BE IT FURTHER RESOLVED that approval of this application constitutes
approval of the proposed request only to the extent Yhat it complies with the Anaheim Municipal
Zoning 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 September 14, 2009. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to
appeal procedures and may be replaced by a City Council Resolution in the event of an appeal.
CHAIRMAN, AitIAHEIM CI~Y PLANNING COMMISSION
ATTEST:
/~L.~---~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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3TATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Elly Morris, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City
Planning Commission held on September 14, 2009, by the following vote of the members
thereo£
AYES: COMMISSIONERS: BUFFA, FAESSEL, KARAKI, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, AMENT, RAMIREZ
IN WI'I`NESS WHEREOF, I have hereunto set my hand this 14`h day of September, 2p09.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXFIIBIT ~~A~~
AMENDMENT TO CONDTTIONAL USE PERNIIT NO. 2003-0-181-{
(TRACKING NO. CUP2003-0-{81-IA)
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EXFIIBIT "B"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 2003-04814
(TRACHING NO. CUP2003-04814A)
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL i MONITORING
GENERAL
1 Church services are permitted at anytime, excluding the normal Planning
office hours of 7:30 a.m. to 5:30 p.m., Monday through Friday.
2 The number of congregants attending this church shall be limited Planning
to one hundred (100), as indicated by the applicant.
3 Subject property shall be developed substantially in accordance Planning
with plans and specifications submitted to the City of Anaheim by
the applicant and which plans are on file with the Planning
Department marked Exhibit No. 1(Site Plan) and Exhibit Nos. 2
and 3 (Floor Plans).
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