Resolution-PC 2014-094RESOLUTION NO. PC2014 -094
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT NO. 2014 -05739 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00054)
(2095 EAST KATELLA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission ") did receive a verified petition to approve Conditional Use Permit No. 2014 -05739
to establish a church within a commercial building at a retail and office center (referred to herein
as the "Proposed Project ") located at 2095 E. Katella Avenue 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, the Property is approximately 11.8 acres in size and is currently
developed with an office building, hotel, restaurants, parking structure and former physical
fitness facility. The Proposed Project will occupy that portion of the Property that was
previously used as a physical fitness facility, consisting of not more than 41,130 square feet. The
Property is located in the "O -L" Low Intensity Office and the Platinum Triangle Mixed -Use
(PTMU) Overlay Zone. The Anaheim General Plan designates the Property for Mixed -Use land
uses; 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 (i.e.,
Class 1 — Existing Facilities) 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, on November 3, 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 Anaheim
Municipal Code (the "Code "), to hear and consider evidence for and against proposed
Conditional Use Permit No. 2014 -05739 and to investigate and make findings and
recommendations in connection therewith; 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 outdoor automobile sales events at an existing credit
union, 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.
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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 within the building and based on the parking demand analysis, more
than adequate parking is provided on -site during all peak periods;
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 developed with the commercial
building to be occupied by the church. The Proposed Project does not involve modification of the
site or expansion of any existing buildings; 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 church is relocating from its current location south at The City National
Grove across the street from the proposed location. The nearby intersections were analyzed in a
circulation analysis and determined that there will not be an impact to the City arterials; 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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby approve Conditional Use Permit No. 2014 - 05739, 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 that
portion of the Property to be used for the Proposed Project 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 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.
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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
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 November 3, 2014. Said Resolution is subject to the appeal provisions set forth in
Chapter 18.60 of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
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 November 3, 2014, by the following vote of the
members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, LIEBERMAN,
RAMIREZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, SEYMOUR
IN WITNESS WHEREOF, I have hereunto set my hand this 3` day of
November, 2014.
ZM�� /;%�
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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CHAIRMAN PRO- TEMPORE, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
EXHIBIT "A"
DEV NO. 2014 -00054
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Source: Recorded Tract Maps and./or City GIS-
Please note the accuracy is +/_ two to five feet.
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2014-05739
(DEV2014- 00054)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OF BUILDING PERMIT
1
A Shared Parking Permit shall be submitted for review and
Planning Department,
approval.
Planning Services Division
2
Plans shall indicate an intersection ground marking of "Keep
Planning Department,
Clear" at the on -site non - signalized drive aisle intersection.
Planning Services Division
PRIOR TO
COMMENCEMENT OF OPERATIONS
3
A parking management plan, subject to review and approval by
Planning Department,
City staff, shall be required. The management plan shall
Planning Services
demonstrate Church staff located in the parking lot to direct
Public Works, Traffic
patrons to their parking destinations and marshal traffic to
Engineering
minimize delay and congestion.
OPERATIONAL CONDITIONS
4
No parking areas within the subject property, including the
Planning Department,
parking structure, shall be used for event parking for The City
Planning Services
National Grove, Angel Stadium, or any other off -site uses or
Public Works, Traffic
events.
Engineering
5
This church facility shall not include any child day care /pre-
Planning Department, Code
school activities, except during church services. There shall be
Enforcement Division
no private school permitted in conjunction with the church.
6
No outdoor uses and /or assembly or outdoor storage shall occur
Planning Department, Code
on the property.
Enforcement Division
7
Church activities shall be permitted from 6:30 p.m. to 11:00
Planning Department, Code
p.m. on weekdays, with no time restrictions on weekends.
Enforcement Division
Church office uses are not subject to this restriction.
8
No portable signs shall be utilized to advertise the church or
Planning Department, Code
cafe.
Enforcement Division
9
The cafe shall not be open to the public.
Planning Department, Code
Enforcement Division
10
The property shall be permanently maintained in an orderly
Planning Department, Code
fashion through the provision of regular landscaping
Enforcement Division
maintenance, removal of trash or debris, and removal of graffiti
within twenty four (24) hours from time of occurrence.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
GENERAL CONDITIONS
11
The subject Property shall be developed substantially in
Planning Department,
accordance with plans and specifications submitted to the City
Planning Services Division
of Anaheim by the petitioner and which plans are on file with
the Planning Department, and as conditioned herein.
12
The Applicant shall defend, indemnify, and hold harmless the
Planning Department,
City and its officials, officers, employees and agents
Planning Services Division
(collectively referred to individually and collectively as
"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.
13
The applicant is responsible for paying all charges related to the
Planning Department,
processing of this discretionary case application within 30 days
Planning Services Division
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.
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