Resolution-PC 2010-111RESOLUTION NO. PC2010 -111
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. 2001 -04318 AND AMENDING CERTAIN CONDITIONS
OF APPROVAL OF RESOLUTION NO. PC2001 -18
(TRACKING NOS. CUP2001- 04318A AND DEV2010- 00150)
(5605 EAST LA PALMA AVENUE)
WHEREAS, on January 29, 2001, the Anaheim City Planning Commission, by its
Resolution No. PC2001 -18, did approve Conditional Use Permit No. 2001 -04318 to establish a
church with less parking than required by Code, for that certain real property situated in the City of
Anaheim, County of Orange, State of California, as particularly shown on Exhibit "A ", attached
hereto and incorporated herein by this reference (the "subject property "); and
WHEREAS, the subject property is developed with a 53,400 square foot church facility
in the Northeast Area Specific Plan 94-1, Development Area 2 (SP94 -1, DA 2 — Expanded Industrial
Area) zone; the Anaheim General Plan designates this property for Office Low land uses; and
WHEREAS, the Anaheim City PIanning Commission did receive a verified Petition for
an amendment to Conditional Use Permit No. 2001 -04318 to expand an existing church facility; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on October 25, 2010, 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 the Anaheim Municipal Code, Chapter 18.60,
to hear and consider evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said 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 an amendment to the conditional use permit, does find and determine the
following facts:
1. The request to expand an existing church in the SP 94 -1, DA2 zone is properly one for
which a conditional use permit is authorized under Code Section 18.120.070.050.0511 (Community &
Religious Assembly) of the Anaheim Municipal Code.
2. The expanded church will not adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed to be located because the site can accommodate the
proposed use and there will not be an adverse affect on the adjacent commercial and industrial businesses
in the vicinity.
3. The size and shape of the site for the expanded use of the facility is adequate to allow
the full development of the use, in a manner not detrimental to either the particular area or health and
safety as the property is large enough to accommodate the use on the site.
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4. The traffic generated by the expanded use of the church facility will not impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the area as
the property has been developed to accommodate the required on and off site parking. vehicular
circulation, and trash collection.
5. Parking for the expanded use of the facility will be adequate as the applicant has
obtained an off -site parking arrangement with the contiguous property to the south. A reciprocal
access and parking agreement, which has been recorded for both properties, provides an additional
405 off -site spaces for the church and ensures that shared parking rights are permanently maintained
on both properties.
WHEREAS, 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 proposed amendment of
Conditional Use Permit No. 2001 -04318 to expand an existing church for the property located at
5605 East La Palma Avenue, as requested by the applicant.
BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in
their entirety, the conditions of approval adopted in connection with Planning Commission
Resolution No. PC2001 -18, adopted in connection with Conditional Use Permit No. 2001 -04318 to
read as shown in Exhibit "B" attached hereto and incorporated herein by this reference, which
conditions are hereby found to be a necessary prerequisite to the proposed use of the subject property
in order to preserve the health and safety 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 Anaheim Municipal 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 (s), (ii) the modification
complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved development.
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 Permit Approval) and 18.60.200 (City - Initiated
Revocation or Modification of Permits) of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that, except as expressly amended herein, the
provisions of Resolution No. PC2001 -18, approving Conditional Use Permit No. 2001 - 04318, shall
remain in full force and effect.
BE IT FURTHER RESOLVED 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
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void.
PC2010 -111
BE IT FURTHER RESOLVED that approval of this application constitutes approval
of the proposed request only to the extent that 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.
BE IT 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
final invoice. Failure to pay all charges shall result in the revocation of the approval of this
application.
THE FOREGOING RESOLUTION was a' • : _ .t the Planning Commission meeting
of October 25, 2010.
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
CHAIRMAN, ANAH IM ITY PLANNING COMMISSION
I, Eleanor 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 October 25, 2010, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, FAESSEL, KARAKI, PERSAUD, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AMENT, RAMIREZ
IN WITNESS WHEREOF, I have hereunto set my hand this 25 day of October, 2010.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
3 - PC2010 -111
I APN: 346-271-121
so 100
Fee[
EXHIBIT ''A"
DEV2010 -00150
211 58'
465'
196.62'
c)
En co
co
21'
N
E LA PALMA AVE
Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +1- two to five feet.
11031 -
4 — PC2010 -111
NO.
EXHIBIT "B"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 2001-04318
(DEV2010- 00150)
CONDITIONS OF APPROVAL
GENERAL
1
No required parking area shall be fenced -off or otherwise enclosed for
outdoor storage uses.
2 The property shall be permanently maintained in an orderly fashion
through the provision of regular landscaping maintenance, removal of
trash or debris, and removal of graffiti within two (2) business days
from the time of discovery.
3 The location of a trash enclosure shall be provided in a location
acceptable to the Public Works Department, Streets and Sanitation
Division, and in accordance with approved plans on file with said
Department. Said information shall be specifically shown on the plans
submitted for building permits.
4 No outdoor events shall be permitted, except as approved by special
event permit from the City of Anaheim.
5 Adequate lighting of parking lots, shipping and receiving areas,
driveways, circulation areas, and grounds contiguous to the building
shall be provided with lighting of sufficient wattage to provide adequate
illumination to clearly visible the presence of any person on or about the
premises during the hours of darkness and provide a safe, secure
environment for all persons, property and vehicles on -site.
6 The applicant shall obtain an Off -Site Parking Permit from the Planning
Department prior to commencing the expanded operation. The permit
shall ensure use of a minimum of 314 additional off -site parking spaces
during weekend operating hours.
7 That subject property shall be developed substantially in accordance
with plans and specifications submitted to the City of Anaheim by the
petitioner and which plans are on file with the Planning Department
marked Exhibit Nos. 1 (Site), 2 (Landscape), 3 (Floor), 4 (Demolition
Floor), and 5 (Elevations), and as conditioned herein.
5
SIGNED
REVIEW BY OFF BY
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PC2010 -111