Resolution-PC 2013-015RESOLUTION NO. PC2013 -015
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 4140 AND
MAKING FINDINGS IN CONNECTION THEREWITH
(DEV2011- 00084)
(3319 AND 3321 WEST LINCOLN AVENUE)
WHEREAS, on July 19, 1999, and subject to certain conditions of approval, the Planning
Commission of the City of Anaheim (herein referred to as the "Planning Commission "), by its
Resolution No. 99 -135, did approve Conditional Use Permit No. 4140 (herein referred to as the
"Original CUP ") to permit a church within an existing office building with a variance for fewer
parking spaces than allowed by the Anaheim Municipal Code (herein referred to as the "Code ")
on that certain real property located at 3319 And 3321 West Lincoln Avenue in the City of
Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein
by this reference (the "Property "). As approved, the Original CUP permitted (i) 45 parking
spaces where 77 parking spaces were required by the Code; (ii) a 5 -7 foot setback where a 15-
foot setback was required for an institutional use adjacent to a residential zone; and (iii) with a
time limitation of two years, which would cause the Original CUP to expire on June 19, 2001;
and
WHEREAS, on June 18, 2001, and subject to certain conditions of approval, the Planning
Commission, by its Resolution No. PC2001- 81, reinstated the Original CUP and deleted the
time limitation to retain the church in the existing office building; and
WHEREAS, the Planning Commission did receive a verified petition for an amendment
to the Original CUP (herein referred to as "Conditional Use Permit No. 414013") to establish a
seminary within the existing church Property (collectively referred to herein as the "proposed
project "); and
WHEREAS, the conditions of approval which were the subject of the Original CUP, as
said conditions were subsequently amended by Resolution No. PC2001 -81, shall be referred to
herein collectively as the "Previous Conditions of Approval "; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 28, 2013, 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 the proposed project to investigate and make
findings and recommendations in connection therewith; and
WHEREAS, the proposed project and Conditional Use Permit No. 4140B falls within
that class of projects which consist of the operation, maintenance, permitting, leasing,
licensing, or minor alteration of existing private structures, facilities, mechanical equipment
or topographical features involving negligible or no expansion of use beyond that previously
existing and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of
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Regulations, the amendment to the Conditional Use Permit will not cause a significant
effect on the environment and is, therefore, categorically exempt from the provisions of the
California Environmental Quality Act (Public Resource Code Section 21000 et seq.); and
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, does find and determine the following facts:
1. Proposed Conditional Use Permit No. 4140B to permit a seminary is properly one
for which a conditional use permit is authorized in the General Commercial (C -G) zone by
Anaheim Municipal Code Section 18.10.030.010 (Community and Religious Assembly);
2. Proposed Conditional Use Permit No. 4140B to permit a seminary, as
conditioned herein, 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 proposed seminary is
within the existing church, compatible with existing on -site and surrounding land uses and the
peak operating hours for the proposed seminary will occur during the lowest parking demand of
the adjacent office building;
3. The size and shape of the site for the use is adequate to allow the full development
of the proposed project in a manner not detrimental to the particular area or to the health and
safety because the proposed seminary will be located within an existing church and is surrounded
by compatible uses;
4. The traffic generated by the proposed project will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the area
because the site the traffic generated by this use will occur after the peak demand occurs and
there will be no simultaneous activities generating additional traffic on adjacent highways;
and
5. Granting proposed Conditional Use Permit No. 4140B under the conditions
imposed will not be detrimental to the health and safety of the citizens of the City of
Anaheim as the proposed project will be compatible with the surrounding area because it is
integrated within the existing church and is not a health or safety risk to the citizens of the
City of Anaheim.
NOW, THEREFORE, BE fp RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 4140B, contingent upon and subject to the conditions of
approval described in Exhibit B attached hereto and incorporated herein by this reference, which
amend the Previous Conditions of Approval and 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. Except as specifically amended hereby, the
Previous Conditions of Approval shall remain in full force and effect. To the extent that there is
any conflict or inconsistency between the conditions of approval attached to this Resolution as
Exhibit B and the Previous Conditions of Approval, the conditions of approval attached to this
Resolution as Exhibit B shall control and govern the Property.
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BE IT FURTHER RESOLVED that 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.
BE IT FURTHER RESOLVED, that Conditional Use Permit No. 4140B 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 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
January 28, 2013. 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.
CHAIR PRO- TEMPORE, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
ARY, 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 Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
Planning Commission held on January 28, 2013, 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 28'' day of January,
2013.
SENIOR SPSCRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2011 -00084
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EXHIBIT `B"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 4140
(CONDITIONAL USE PERMIT NO. 4140B)
(DEV2011- 00084)
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REVIEW
SIGNED
NO.
CONDITIONS OF APPROVAL
BY
OFF BY
GENERAL CONDITIONS
1
The hours of operation for the seminary shall be limited as
Code
follows:
Enforcement
Monday and Tuesday - 6 p.m. to 10 p.m.
Thursday, Friday, Saturday - 6 p.m. to 10 p.m.
2
The hours of operation for the church shall be limited as
follows:
Code
Monday though Saturday - 5 a.m. to 7 a.m.
Enforcement
Sunday- 8 a.m. to 10 p.m.
Wednesday - 6 p.m. to 10 p.m.
3
No day care facilities shall be permitted as an accessory use
Code
to this church on this property.
Enforcement
4
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.
5
No required parking area shall be fenced or otherwise
Code
enclosed for outdoor storage.
Enforcement
6
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 No. 1 (Site Plan,
and Exhibit No. 2 (Operational Matrix) and as conditioned
herein.
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