Resolution-PC 2015-017RESOLUTION NO. PC2015 -017
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2014 -05774 AND
VARIANCE NO. 2015 -05007 AND MAKING CERTAIN FINDINGS
IN CONNECTION THEREWITH
(DEV2014- 00135)
(631 SOUTH MANCHESTER STREET)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to
as the "Planning Commission ") did receive a verified petition for (a) Conditional Use Permit No.
2014 -05774 to permit a Community and Religious Assembly use within an existing multi - tenant
office complex, and (b) Variance No. 2015 -05007 to permit fewer off - street parking spaces than
required by the Zoning Code (herein referred to collectively as the "Proposed Project ") for
premises known as 631 South Manchester Avenue in the City of Anaheim, County of Orange,
State of California, the boundaries of which commercial center are generally depicted on the map
attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); and
WHEREAS, the Property, consisting of approximately 1.1 acres, is developed with a multi -
tenant office complex with seven tenant spaces. The Anaheim General Plan designates the
Property for General Commercial land uses. The Property is located in the "C -G" General
Commercial Zone and is subject to the zoning and development standards contained in Chapter
18.08 of the Anaheim Municipal Code (the "Code "); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on March 23, 2015 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 (Procedures)
of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No.
2014 -05756 and Variance No. 2015- 05001, 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 effects of the Proposed Project are typical of those
generated 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, 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 Conditional Use Permit No. 2014- 05774, does find and
determine the following facts:
1. The request for a conditional use permit to permit a Community and Religious
Assembly use within an existing multi - tenant office complex is properly one for which a
conditional use permit is authorized under Subsection .010 of Section 18.08.030 (Uses) of Chapter
18.08 (Commercial Zones) of the Code, subject to a conditional use permit.
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2. The conditional use permit, under the conditions imposed, will not adversely affect
the surrounding land uses and the growth and development of the area because the Community and
Religious Assembly use would not impact adjacent uses because it does not operate during the
normal weekday business hours of the surrounding offices. In addition, vehicular access is
provided via one driveway along Manchester Street; therefore, there will be no traffic or parking
impacts on the single family residential neighborhood to the east of the property.
3. The size and shape of the Property is adequate to allow the full operation of the
proposed use in a manner not detrimental to the particular area or to the health, safety and general
welfare.
4. The traffic generated by the use would not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area because Community and
Religious Assembly uses are within a class of uses already anticipated and analyzed for traffic
generation on these streets and highways.
5. The granting of Conditional Use Permit No. 2014 -05774 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, based upon the parking justification letter submitted by the applicant, the
Planning Commission does further find and determine that the request for Variance No. 2015-
05007 to permit less parking than required by the Code should be approved for the following
reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces
(88 spaces required; 53 spaces proposed)
1. That the variance, under the conditions imposed, 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. A justification letter was prepared by the applicant,
determining that the current number of parking spaces within the office complex is sufficient to
accommodate the uses in the complex, including the proposed Community and Religious
Assembly use, because the Community and Religious Assembly use does not operate during the
normal weekday business hours of the surrounding offices; and
2. That the variance, under the conditions imposed, 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 office complex will adequately accommodate the
parking demands of the weekday office uses of the commercial center and those of the
weeknight /weekend Community and Religious Assembly use; and
3. That the variance, under the conditions imposed, 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 entire office complex will adequately
accommodate peak parking demands; and
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4. That the variance, under the conditions imposed, will not increase traffic congestion
within the off - street parking areas or lots provided for the proposed use because the project site
provides an adequate ingress and egress point to the property and is designed to allow for adequate
on -site circulation that will accommodate the proposed use; and
5. That the variance, under the conditions imposed, 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 an existing ingress or egress access point that is designed
to allow adequate on -site circulation that will accommodate the proposed use and, therefore, will
not impede vehicular ingress to or egress from adjacent properties upon the public streets in the
immediate vicinity of the Community and Religious Assembly use.
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. 2014 -05774 and Variance No. 2015-
05007 are hereby approved, contingent upon and subject to the conditions of approval described in
Exhibit B attached hereto, which are hereby found to be a necessary prerequisite to the proposed
use of the Property under Conditional Use Permit No. 2014 -05774 and Variance No. 2015 -05007
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 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 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 March 23, 2015. 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.
ATTEST:
A
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 March 23, 2015, by the following vote of the
members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, DALATI, LIEBERMAN,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAINED: COMMISSIONERS: CALDWELL
IN WITNESS WHEREOF, I have hereunto set my hand this 23 day of March, 2015.
0
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
BEV NO. 2014 -00135
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feet
Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2014-05774 AND VARIANCE NO. 2015-05007
(DEV2014- 00135)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
OPERATIONAL CONDITIONS
1 '
The Community and Religious Assembly use shall be operated in
Planning Department,
accordance with the Letter of Request and Parking Justification letter
Planning Services
submitted as part of this application. Any changes to the operations as
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described in those documents shall be subject to review and approval by
the Planning Director to determine substantial conformance with said
letters to ensure compatibility with the surrounding uses.
2.
The property shall be permanently maintained in an orderly fashion
Planning Department,
through the provision of regular landscaping maintenance and removal
Code Enforcement
of trash or debris.
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3.
This church facility shall not include any child day care or pre - school
Planning Department,
activities, except during church services.
Code Enforcement
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GENERAL CONDITIONS OFAPPROVAL
4.
The Applicant shall defend, indemnify, and hold harmless the City and
Planning Department,
its officials, officers, employees and agents (collectively referred to
Planning Services
individually and collectively as "Indemnitees ") from any and all claims,
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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.
5.
The applicant is responsible for paying all charges related to the
Planning Department,
processing of this discretionary case application within 30 days of the
Planning Services
issuance of the final invoice or prior to the issuance of building permits
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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.
6.
The subject Property shall be developed substantially in accordance with
Planning Department,
plans and specifications submitted to the City of Anaheim by the
Planning Services
petitioner and which plans are on file with the Planning Department, and
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as conditioned herein.
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