Resolution-PC 2014-040RESOLUTION NO. PC2014 -040
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM
APPROVING CONDITIONAL USE PERMIT NO. 2014 -05729
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00017)
(1421 WEST BALL ROAD)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as
the "Planning Commission ") did receive a verified petition to approve Conditional Use Permit
No. 2014 -05729 to permit a new monument sign with an electronic readerboard display in
conjunction with the church facility (herein referred to as the "Proposed Project ") for that certain
real property located at 1421 West Ball Road 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
WHEREAS, Conditional Use Permit No. 2014 -05729 is proposed in conjunction with
a verified petition to approve Variance No. 2014 -04966 to permit the proposed new monument
sign to be located one foot from the ultimate right -of -way of Ball Road, instead of being located
at least two feet from the ultimate right -of -way, as required under the Zoning Code of the City of
Anaheim; and
WHEREAS, the Property, consisting of approximately 3.7- acres, is developed with a
church. The Property is located in the T (Transition) Zone. The Anaheim General Plan
designates the Property for Medium Density Residential land uses; and
WHEREAS, this Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on June 2, 2014 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
Anaheim Municipal Code (herein referred to as the "Code "), to hear and consider evidence for
and against proposed Conditional Use Permit No. 2014 -05729 and to investigate and make
findings and recommendations in connection therewith; 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
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 conditional use permit, does find and determine the
following facts:
- 1 - PC2014 -040
1. The applicant's proposal to construct an electronic readerboard sign in the
T (Transition) Zone is properly one for which a conditional use permit is authorized under
Section 18.44.050.010.0101 of the Code.
2. The construction, operation and use of an electronic readerboard sign for an
existing church facility at the Property would be compatible with the surrounding area and would
not adversely affect the adjoining land uses or the growth and development of the area in which
it is proposed to be located because (a) the proposed sign will not be visible to residences to the
north; (b) the sign is proposed to be lit from 7:00 a.m. to 10:00 p.m.; and, (c) the readerboard
portion of the sign is a 15'/2 square foot portion of a 40 square foot monument sign.
3. The size and shape of the site proposed for the use is adequate to allow the full
development of the electronic readerboard sign in a manner not detrimental to the particular area
or health and safety because (a) the proposed sign will not be visible to residences to the north;
(b) the sign is proposed to be lit from 7:00 a.m. to 10:00 p.m.; and (c) the readerboard portion of
the sign is a 15 square foot portion of a 40 square foot monument sign.
4. The traffic generated by the request will 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 is consistent with the existing church facility and the
proposed electronic readerboard sign will not increase traffic generated to the Property.
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. The church has
operated in this location since 1959 and has proven to be a compatible use in the area. The
replacement of an existing monument sign and the addition of a monument sign with an
electronic readerboard in the same location would be consistent and compatible with surrounding
uses.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2014- 05729, contingent upon and 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.
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.
-2- PC2014 -040
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 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
June 2, 2014. 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.
— mtltl ' �&M 0-,(- -
CHAIR, ANAHEIM CITY PLA ING COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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 June 2, 2014, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, CALDWELL, LIEBERMAN, RAMIREZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, PERSAUD, SEYMOUR
IN WITNESS WHEREOF, I have hereunto set my hand this 2 nd day of June, 2014.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3 - PC2014 -040
EXHIBIT "A"
DEV NO. 2014-00017
[APN: 036-072 W BEACON AVE
257.50'
BO
17\1
06
00
cfl
260'
W BALL RD
Source: Recorded Tract Maps andfor City GIS.
Feet Please note the accuracy is +/- two to five feet.
- 4 - PC2014-040
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2014-05729
(DEV2014- 00017)
- 5 - PC2014 -040
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
PRIOR TO ISSUANCE OF BUILDING PERMIT
1
The property owner shall demonstrate that these lots were legally
Public Works,
created. If it cannot be proven that these are legal lots, then the legal
Development Services
property owner shall submit an application for a Subdivision Map Act
Certificate of Compliance to the Public Works Department,
Development Services Division. A 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.
OPERATIONAL
2
The electronic readerboard shall only be illuminated between the hours
�
Planning Department,
—
of 7:00 a.m. to 10:00 p.m., daily.
Code Enforcement
GENERAL
3
The applicant is responsible for paying all charges related to the
Planning Department
processing of this discretionary case application within 30 days of the
issuance of the final invoice or prior to the issuance of building permits
for this project, whichever occurs first. Failure to pay all charges shall
result in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
4
The Applicant shall defend, indemnify, and hold harmless the City and
Planning Department
its officials, officers, employees and agents (collectively referred to
individually and collectively as "Indemnities ") from any and all claims,
actions or proceedings brought against Indemnities to attack, review, set
aside, void, or annul the decision of the Indemnities concerning this
permit or any of the proceedings, acts or determinations taken, done, or
made prior to the decision, or to determine the reasonableness, legality or
validity of any condition attached thereto. The Applicant's
indemnification is intended to include, but not be limited to, damages,
fees and /or costs awarded against or incurred by Indemnities and costs of
suit, claim or litigation, including without limitation attorneys' fees and
other costs, liabilities and expenses incurred by Indemnities in
connection with such proceeding.
5
The property shall be developed substantially in accordance with plans
Planning Department
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 (Sign Plans), and as conditioned
herein.
- 5 - PC2014 -040