Resolution-PC 2012-071RESOLUTION NO. PC2012 -071
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2012 -05621
AND VARIANCE NO. 2012 -04915
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2012- 00078)
(230 SOUTH EUCLID STREET)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as
the "Planning Commission ") did receive a verified Petition to approve Conditional Use Permit
No. 2012 -05621 to establish a church facility in conjunction with a medical office and an
application for a variance, designated as Variance No. 2012 - 04915, from the following provision
of the Anaheim Municipal Code (herein referred to as the "Code ") to permit less parking than
required for that certain real property located at 230 South Euclid Street 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
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(242 spaces required for the entire commercial
center; 228 spaces provided)
WHEREAS, the Property, consisting of approximately .39- acres, is developed with a
commercial retail building measuring approximately 6,300 square feet and is part of a larger
2.85 -acre commercial retail center with six separate parcels. The Property is located in the C -G
(General Commercial) zone. The Anaheim General Plan designates the Property for
Commercial Neighborhood Center land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on September 24, 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 Chapter 18.60 of the
Code , to hear and consider evidence for and against said proposed conditional use permit and
variance and to investigate and make findings and recommendations in connection therewith,
which public hearing was continued to the regular meeting of the Planning Commission held on
October 8, 2012; and
WHEREAS, as the lead agency under the California Environmental Quality Act (Public
Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission
finds and determines that the proposed project is within that class of projects which consist of the
repair, maintenance, and /or minor alteration of existing public or private structures or facilities,
involving negligible or no expansion of use beyond that existing at the time of this
determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code
of Regulations, 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 to establish a church facility in conjunction with a
medical office with less parking than required by the Code, does find and determine the
following facts:
1. The proposed request to establish a church facility in the General Commercial (C -G)
zone is properly one for which a conditional use permit is authorized by Section 18.10.030.010
(Community and Religious Assembly) of the Code.
2. The proposed conditional use permit to establish a church facility in an existing
commercial building, as conditioned herein, would not adversely affect the adjoining land uses
and the growth and development of the area in which it is proposed to be located because the
building is surrounded by and integrated with similar buildings and uses; and the peak operating
hours for the proposed church facility will occur during the lowest parking demand of the
adjacent businesses.
3. The size and shape of the site for the use is adequate to allow the full development of
the proposed church facility in a manner not detrimental to the particular area or to the health and
safety because the proposed church facility will be located within an existing commercial
building and is surrounded by compatible commercial uses.
4. The traffic generated by the proposed church facility 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 occur after the highest peak evening hours and there will be no
simultaneous activities generating additional traffic on adjacent highways.
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 as the proposed church
facility will be compatible with the surrounding area because the use is integrated with other uses
on within the commercial center and is not a health or safety risk to the citizens of the City of
Anaheim.
WHEREAS, the Planning Commission does further find and determine that the request
for a variance to permit less parking than required by Code in conjunction with a church facility
and medical office should be approved for the following reasons:
1. That the variance, under the conditions imposed, if any, will not cause fewer off -
street parking spaces to be provided for the proposed use than the number of such spaces
necessary to accommodate all vehicles attributable to such use under the normal and reasonably
foreseeable conditions of operation of such use because an operational plan /parking demand
analysis was prepared by the applicant dated July 22, 2012, determining that the current number
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of parking spaces within the commercial center is sufficient to accommodate all of the uses on
the site including the new church facility and medical office. The operational plan /parking
demand analysis indicates that only 40 parking spaces will be required by the proposed use
during peak demand operating hours based on the number of church members and medical
patients proposed and since there are no simultaneous activities that will generate additional
parking demand. The other businesses on the property require a total of 182 parking spaces.
The church and medical office use would require 40 spaces during the highest peak demand for a
total of 222 spaces. The site currently provides a total of 228 spaces;
2. That the variance, under the conditions imposed, if any, will not increase the
demand and competition for parking spaces upon the public streets in the immediate vicinity of
the proposed use because the on -site parking within the commercial center will adequately
accommodate the peak parking demands of the proposed church facility, medical office and the
other uses on the site;
3. That the variance, under the conditions imposed, if any, will not increase the
demand and competition for parking spaces upon adjacent private property in the immediate
vicinity of the proposed use because the on -site parking for the church facility and medical office
will adequately accommodate peak parking demands of all uses on the site. This church facility
and medical office generates a peak parking demand of 40 parking spaces;
4. That the variance, under the conditions imposed, if any, will not increase traffic
congestion within the off -street parking areas or lots provided for the proposed use because the
project site provides adequate ingress and egress points to the property and are designed to allow
for adequate on -site circulation; and
5. That the variance, under the conditions imposed, if any, will not impede
vehicular ingress to or egress from adjacent properties upon the public streets in the immediate
vicinity of the proposed use because the project site has existing ingress or egress access points
that are designed to allow adequate on -site circulation and therefore will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of
the church facility and medical office.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2012 -05621 and Variance No. 2012 -04915 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
Property 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 (s),
(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 (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 Zoning Code of the City of
Anaheim 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 adopted at the Planning Commission meeting of
October 8, 2012. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of
the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in
the event of an appeal.
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CHAIR, ANAHEIM CITY P NNING COMMISSION
YI11 Y ftv
SENIOR StCRETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior 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 8, 2012, by the following vote of the members thereof:
AYES: COMMISSIONERS: FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this 8 day of October 8, 2012.
0
SENIOR SECRETARY. ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEN' NO. 2012 -00078
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EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2012-05621
AND VARIANCE NO. 2012-04915
(DEV2012- 00078)
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SIGNED
NO.
CONDITIONS OF APPROVAL
REVIEW BY
OFF BY
PRIOR TO COMMENCEMENT OF THE USE
1
The business shall be equipped with an alarm system (silent or
Police
audible).
2
Address numbers shall be positioned so as to be readily
Police
readable from the street. Numbers should be visible during
hours of darkness. Rear entrance doors shall be numbered
with the same address numbers or suite number of the
business. Minimum height of 4" recommended.
3
Adequate lighting of parking lots, passageways, recesses, and
Police
grounds contiguous to buildings shall be provided with
lighting of sufficient wattage to provide adequate illumination
to make 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 person, property, and vehicles on-
site. All exterior doors shall have their own light source,
which shall adequately illuminate door areas at all hours to
make clearly visible the presence of any person on or about the
premises and provide adequate illumination for persons exiting
the building. Said information shall be specifically shown on
plans submitted for Police Department, Community Services
Division approval.
4
Complete a Burglary/Robbery Alarm Permit application, Form
Police
APD 516, and return it to the Police Department prior to initial
alarm activation. This form is available at the Police
Department front counter, or it can be downloaded from the
following web site:
http://www.anaheim.neUarticle.asi)?id=678
5
This condition of approval was deleted at the public hearing.
6
All exterior doors to have adequate security hardware, e.g.
Police
deadbolt locks. Wide -angle peepholes or other viewing
device should be installed in solid doors where natural
surveillance is compromised. The locks shall be so
constructed that both the deadbolt and deadlocking latch can be
retracted by a single action of the inside doorknob /lever /tum
p iece.
7
The parking areas on the subject site shall be resurfaced and
Planning
re- striped per code requirements prior to final occupancy of the
church. Parking lot striping shall be provided, per City
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Standard Detail No. 470, in areas where striping is
deteriorating. Disabled parking spaces shall be provided in
accordance with the Americans with Disabilities Act and City
Standard Detail No. 436 -G.
8
The legal property owner shall submit an application for a
Public Works,
Subdivision Map Act Certificate of Compliance to the Public
Development
Works Department, Development Services Division. A
Services
Certificate of Compliance or Conditional Certificate of
Compliance shall be approved by the City Surveyor and
recorded in the Office of the Orange County Recorder.
GENERAL CONDITIONS
9
Any graffiti painted or marked upon the premises or on any
Code
adjacent area under the control of the property owner shall be
Enforcement
removed or painted over within 24 hours of being applied.
10
No required parking area shall be fenced or otherwise
Planning/Code
enclosed for outdoor storage.
Enforcement
11
No outdoor activities involving gathering of persons shall be
Planning/Code
permitted on -site.
Enforcement
12
The applicant shall be responsible for maintaining the area
Planning/Code
adjacent to the premises over which they have control, in an
Enforcement
orderly fashion through the provision of regular maintenance
and removal of trash or debris.
ONGOING DURING PROJECT OPERATIONS
13
The hours of operation for the church worship hall and social
Planning
hall/sunday school shall be limited to the hours and occupancy
outlined in the operational plan, except that the church will be
permitted to operate from 6:00 p.m. to 10:00 p.m. Monday
through Friday. Worship services and social hall activities
shall not operate simultaneously and these uses shall not
operate during the medical office's business hours. Changes to
the operational plan are subject to review and approval by the
Planning Department and shall be based on the demonstrated
availability of an adequate number of parking spaces to
support any requested operational change.
14
The 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 Nos. 1 through 3 (Architectural
Plans), and as conditioned herein.
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