Resolution-PC 2012-026RESOLUTION NO. PC2012 -026
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND
CONDITIONAL USE PERMIT NO. 2012-05593
(DEV2012- 00008)
(1345 NORTH DYNAMICS STREET, UNIT B)
WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as
"Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2012-
05593, to permit a religious and community assembly facility pursuant to Section 18.60.180 of
the Anaheim Municipal Code for that certain real property situated in the City of Anaheim,
County of Orange, State of California, as more partiularly shown on Exhibit "A ", attached hereto
and incorporated herein by this reference;
WHEREAS, this property is currently developed with an industrial complex,
located in the SP94 -1 (DA 1) (Northeast Area Specific Plan No. 94 -1, Development Area 1)
Zone and the Anaheim General Plan designates this property for Industrial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on April 23, 2012, 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 "Procedures ", 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 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:
1. The proposed church is properly one for which a conditional use permit is
authorized under Code Section No. 18.120.050.050.0512.
2. The proposed 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 church services
will be limited to the days and hours when most businesses in the center are closed;
3. The size and shape of the site proposed for the church 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;
4. The traffic generated by the church 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 volume of traffic planned for the streets and highways
in the area and because use of this facility will be off -peak from the parking demand of other
uses in the center;
PC2012 -026
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 and will provide a
land use that is compatible with the surrounding area.
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 a variance, does find and determine the
following facts:
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.
BE IT FURTHER RESOLVED that the Planning Commission, for the reasons
hereinabove stated does hereby approve Conditional Use Permit No. 2012 -05593 to permit a
church.
BE IT FURTHER RESOLVED that the Planning Commission does hereby grant
Conditional Use Permit No. 2012 -05593 subject to the conditions of approval described 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 subject property in order to preserve the
safety and general welfare of the Citizens of the City of Anaheim.
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 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.
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.
2 - PC20] 2 -026
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of April 23, 2012. 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 ap. - al.
A'I'I'EST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
CHAIRMAN, ANAHEI TCITY PL
G 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 April 23, 2012, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, FAESSEL, LIEBERMAN,
PERSAUD, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: RAMIREZ
IN WITNESS WHEREOF, I have hereunto set my hand this 23 day of April, 2012.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
3 PC2012 -026
EXHIBIT "A"
DEV NO. 2012 -00008
APN: 345 - 061 -14
0 50 1.00
I eHt
-4
•v
Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +1- two to five feet.
PC2012 -026
JO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED
OFF BY
PRIOR TO COMMENCEMENT OF THE BUSINESS
1
No outdoor uses and /or assembly or outdoor storage shall occur
on the property.
Planning
Department, Code
Enforcement
Division
N
Church services shall be permitted after 6:00 p.m. on weekdays
and any time on weekends. Incidental church office uses are
not subject to this restriction.
Planning
Department, Code
Enforcement
Division
3
No portable signage shall be utilized to advertise the church.
Planning
Department, Code
Enforcement
Division
4
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 twenty four (24) hours from time of occurrence.
Planning
Department, Code
Enforcement
Division
5
The applicant shall be responsible for maintaining the area
adjacent to the premises over which they have control, in an
orderly fashion through the provision of regular maintenance
and removal of trash or debris. Any graffiti painted or marked
upon the premises or on any adjacent area under the control of
the licensee shall be removed or painted over within 24 -hours
of being applied.
Plannin
Department, Code
Enforcement
Division
GENERAL
6
The 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 No. 1 (Site Plan) and
Exhibit No. 2 (Floor Plans), and as conditioned herein.
Planning
Department,
Planning Services
Division
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2012-05593
(DEV2012- 00008)
5
PC2012 -026