Resolution-PC 2014-088RESOLUTION NO. PC2014 -088
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2013 -05660
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2013- 00024A)
(8163 EAST KAISER BOULEVARD)
WHEREAS, on May 20, 2013, and subject to certain conditions of approval, the
Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission ")
adopted Resolution No. PC2013 -038, approving Conditional Use Permit No. 2013 -05660 to
permit a "Community and Religious Assembly" use within a portion of an existing office
building in conjunction with a United States Post Office (USPS) (herein referred to as the
"Original CUP ") on that certain real property located at 8161 E. Kaiser Blvd. (now 8163 E.
Kaiser Blvd.) in the City of Anaheim, as generally depicted on the map attached hereto as
Exhibit A and incorporated herein by this reference (the "Property "). The conditions of approval
which were the subject of the Original CUP shall be referred to herein collectively as the
"Previous Conditions of Approval "; and
WHEREAS, pursuant to Section 18.60.190 of the Anaheim Municipal Code
( "Code "), the applicant filed a petition to amend the Original CUP to permit the expansion of an
existing church into an existing covered platform previously used by the United States Postal
Service ( "USPS ") as a loading area for its post office, to allow an on -site retail coffee shop open
to the public, and to include a 1,330 (approximate) square foot outdoor play area (herein referred
to collectively as the "Proposed Project "). Said amendment is designated as Conditional Use
Permit No. 2013- 05660A; and
WHEREAS, the Property is approximately 2.4 -acres in size and is developed with
an existing office building. The Property is located in the "O -L" Office Low Intensity Office
Zone, which implements the Office -Low land use designation in the General Plan. The "O -L"
Office Low Intensity Office Zone for the Property is combined with the Scenic Corridor (SC)
Overlay Zone, meaning that the regulations contained in Chapter 18.18 (Scenic Corridor (SC)
Overlay Zone) shall apply in addition to, and, where inconsistent therewith, shall supersede any
regulations of the "O -L" Office Low Intensity Office Zone. The Anaheim General Plan
designates the Property for Office -Low land uses; and
WHEREAS, on September 22, 2014, the Planning Commission did hold a public
hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been
duly given in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear
and consider evidence for and against proposed Conditional Use Permit No. 2013- 05660A, 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
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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 pertaining to the request for Conditional Use Permit No. 2013- 05660A,
does find and determine the following facts:
1. The Proposed Project is properly one for which a conditional use permit is
authorized under Section No. 18.08.030.010 of the Code.
2. The Proposed Project 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
activities will be contained on the subject Property and more than adequate parking is provided
on -site during the weekdays and on- and off -site during peak periods on Sunday mornings;
3. The size and shape of the site is adequate to allow the full development of the
proposed use in a manner not detrimental to the particular area nor to the health, safety and
general welfare of the public because the Property is currently improved as a church, coffee shop
and a USPS post office and the proposed sanctuary expansion will be constructed in place of an
existing covered raised platform previously utilized for post office loading, in addition to a
children's outdoor play area on the east side of the church building; and
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
traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding
streets. Further, the proposed church will operate during hours of off -peak parking demand of
the post office and surrounding office uses; and
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 determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission, for the
reasons hereinabove stated, that Conditional Use Permit No. 2013- 05660A is hereby approved,
thereby amending the Original CUP, which approval is 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
subject Property in order to preserve the safety and general welfare of the citizens of the City of
Anaheim.
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BE IT FURTHER RESOLVED that effective upon the effective date of this
Resolution, the conditions of approval attached to this Resolution as Exhibit B and incorporated
herein by this reference (the "Revised Conditions of Approval ") amend the Previous Conditions
of Approval and hereby replace the Previous Conditions of Approval in their entirety. All
references to the conditions of approval for the Original CUP and this Conditional Use Permit
No. 2013- 05660A shall be to the Revised Conditions of Approval attached to this Resolution as
Exhibit B , which shall control and govern the Original CUP, as amended by Conditional Use
Permit No. 2013- 05660A.
BE IT FURTHER RESOLVED that the Revised Conditions of Approval
described in Exhibit B attached hereto are hereby found to be a necessary prerequisite to the
proposed use of the Property under the Original CUP and this Conditional Use Permit No. 2013 -
05660A 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, (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 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 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 Conditional Use Permit No.
2013- 05660A 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 22, 2014. 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 an appeal.
(' � fz� -
CHAI AN, PLANNING MMISSION
E CITY OF ANAiJLX
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim,
do hereby certify that the foregoing resolution was passed and adopted at a meeting of the
Planning Commission of the City of Anaheim held on September 22, 2014, by the following
vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, LIEBERMAN,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 22 day of September,
2014.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEN' 2013- 00024A
APN: 354- 051-31
AA
T!
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Source: Recorded Tract Maps and/or City GIS_
Please note the accuracy is +1- two to five feet,
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2013- 05660A
(DEV2013- 00024A)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO
ISSUANCE OF BUILDING PERMIT
1
The applicant has entered into a Lease Agreement with the Weir
Planning Department,
Canyon Tech Centre Owners Association ( "Association "), whereby
Planning Services
Association agreed to lease land commonly known as 8165 to 8195
Division
E. Kaiser Blvd to the applicant for the parking on Sundays from 8
a.m. to noon. Pursuant to the Lease Agreement, 314 parking spaces
exist and are available on Association's land for the use of the
applicant.
The applicant shall cause to be recorded in the Official Records of
the County of Orange a memorandum of lease, or such other
document as the City Attorney finds satisfactory, that evidences the
aforementioned Lease Agreement. A recorded copy of said
memorandum shall be filed with the Planning Division.
OPERATIONAL
CONDITIONS
2
This church facility shall not include any child day care or pre-
Planning Department,
school activities, except during church services.
Code Enforcement
Division
3
With the exception of the children's play area on the east side of
Planning Department,
the building, no outdoor uses and /or assembly or outdoor storage
Code Enforcement
shall occur on the property.
Division
4
Church services shall be permitted from 6:30 p.m. to 11:00 p.m. on
Planning Department,
weekdays, with no time restrictions on weekends. Church office
Code Enforcement
uses are not subject to this restriction.
Division
5
No portable signs shall be utilized to advertise the church or coffee
Planning Department,
shop.
Code Enforcement
Division
6
The property shall be permanently maintained in an orderly fashion
Planning Department,
through the provision of regular landscaping maintenance, removal
Code Enforcement
of trash or debris, and removal of graffiti within twenty four (24)
Division
hours from time of occurrence.
7
All exterior doors shall have their own light source, which shall
Police Department
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.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
GENERAL CONDITIONS
8
The subject Property shall be developed substantially in
Planning Department,
accordance with plans and specifications submitted to the City of
Planning Services
Anaheim by the petitioner and which plans are on file with the
Division
Planning Department, and as conditioned herein.
9
The Applicant shall defend, indemnify, and hold harmless the
Planning Department,
City and its officials, officers, employees and agents
Planning Services
(collectively referred to individually and collectively as
Division
"Indemnitees ") from any and all claims, actions or proceedings
brought against Indemnitees to attack, review, set aside, void, or
annul the decision of the Indemnitees 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 Indemnitees and costs of suit, claim or litigation,
including without limitation attorneys' fees and other costs,
liabilities and expenses incurred by Indemnitees in connection
with such proceeding.
10
The applicant is responsible for paying all charges related to the
Planning Department,
processing of this discretionary case application within 30 days
Planning Services
of the issuance of the final invoice or prior to the issuance of
Division
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.
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