Resolution-PC 2017-032RESOLUTION NO. PC2017-032
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2016-05900
AND VARIANCE NO. 2017-05085 AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2016-00129)
(2641 WEST LA PALMA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve (i) Conditional Use Permit No. 2016-
05900 to permit and retain a broadcasting studio with a live audience in conjunction with a
community and religious assembly use, and (ii) Variance No. 2017-05055 to allow fewer parking
spaces than required by the Anaheim Municipal Code (the "Code") for the aforementioned use
(collectively referred to herein as the "Proposed Project") for premises located at that certain real
property at 2641 West La Palma 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 0.79 -acres in size and is currently
developed with a 12,500 square foot, two-story building. The Anaheim General Plan designates
the Property for Office -Low 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 (Commercial Zones) of the Anaheim Municipal Code (the "Code"); and
WHEREAS, a duly noticed public hearing was scheduled before the Planning
Commission at the Civic Center in the City of Anaheim on March 20, 2017 at 5:00 p.m. to hear
and consider evidence and testimony for and against the Proposed Project and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for the Implementation of the California
Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code
of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA
Procedure Manual, the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project; and
WHEREAS, 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 operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use beyond that
existing at the time of this determination, and that, therefore, pursuant to Section 15301 of the
CEQA Guidelines, 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 with respect to the request for Conditional Use Permit No. 2016-05900, does find
and determine the following:
1. The request for a conditional use permit to permit and retain the Proposed
Project is an allowable use authorized by Subsection .030 and .050 Subsection Section 18.36.040
(Community & Religious Assembly and Broadcasting Studio) of the Code, subject to a
conditional use permit and the zoning and development standards of the "C -G" General
Commercial Zone pursuant to subsection .010 (Primary Uses) of Section 18.08.030 (Uses) of
Chapter 18.08 of the Code.
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
Property is developed with a commercial office building and there are a sufficient amount of
spaces in the off-site parking lot to accommodate the parking demand for the church, subject to
approval of Variance No. 2017-05085.
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 because the facility is located within an existing commercially -zoned property
that provides a sufficient number of on-site parking spaces and adequate vehicle circulation.
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 the number
of vehicles entering and exiting the site will not exceed the anticipated volumes of traffic on the
surrounding streets and adequate parking and circulation will be provided to accommodate the
use.
5. The granting of Conditional Use Permit No. 2016-05900 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 information contained in the letter of operation prepared by
the applicant, as well as City staff observations at the site, the Planning Commission does further
find and determine that the request for Variance No. 2017-05085 to permit less parking spaces
than required by the Code should be approved for the following reasons:
SECTION NO. 18.42.040.010 Minimum number ofap rking_spaces.
(55 spaces required; 45 on-site spaces proposed)
1. That the variance, under the conditions imposed, will not cause fewer off-street
parking spaces to be provided for the all uses on the Property than the number of such spaces
necessary to accommodate all vehicles attributable to such uses under the normal and reasonably
foreseeable conditions of operation of such uses. Through observations by staff, it is determined
that the proposed parking will be adequate to serve the needs of the proposed religious
broadcasting use with quarterly events and live broadcasting use.
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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 Property
because the proposed number of on-site parking spaces is sufficient to accommodate the needs of
the facility, which, through observation by staff, is determined to be adequate to serve the needs
of the proposed automotive repair use;
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 proposed number of parking spaces on-site will be sufficient to
accommodate the parking demands during the daily and quarterly events proposed;
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
adequate ingress and egress points are provided at the front and rear of the Property; 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 proposed use can accommodate all parking demands on site with the
available parking; and
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 that the Planning Commission does hereby
approve Conditional Use Permit No. 2016-05900 and Variance No. 2017-05085, and further
contingent upon and subject to the conditions of approval set forth 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 under Conditional Use Permit No. 2016-05900 and Variance
No. 2016-05085 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 pen -nit 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.
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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 March 20, 2017. 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.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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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 20, 2017 by the following vote of the
members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, CARBAJAL, DALATI,
HENNINGER, LIEBERMAN, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 201h day of March, 2017.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2016-00129
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1\ °v° Source: Recorded Tract Maps and/or City GIS.
V Feet Please note the accuracy is +/- two to five feet.
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EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2016-05900 AND
VARIANCE NO. 2017-05085
(DEV2016-00129)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
PRIOR TO ISSUANCE OF BUILDING PERMITS
1
The facility shall comply with the occupancy requirements in
Planning and Building
accordance with the California Building and Fire Codes. A Building
Department,
Permit shall be obtained within 90 days of the date of this resolution.
Planning Services
Any required building permits may require restriping of the parking
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lot in compliance with City of Anaheim Engineering Standard Detail
470.
OPERATIONAL CONDITIONS OF APPROVAL
2
All parking shall occur on-site. Should the parking demand exceed
Planning and Building
the amount of on-site parking provided, the applicant shall submit a
Department,
request to modify the Conditional Use Permit and Variance, subject
Planning Services
to the approval of the Planning Conunission.
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3
No additional meetings or events shall occur during worship
Planning and Building
services.
Department,
Planning Services
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4
The only accessory school activity in connection with this church
Planning and Building
shall be religious or bible study. This facility shall not be used as a
Department,
private daycare, nursery, elementary, junior and/or senior high
Planning Services
school.
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5
The facility shall operate in accordance with the Letter of Operation
Planning and Building
submitted as part of the application. Any changes to the facility's
Department,
operation described in the Letter of Operation shall be subject to
Planning Services
review and approval by the Planning Director to determine
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substantial conformance with said letter and to ensure compatibility
with the surrounding uses.
GENERAL CONDITIONS OFAPPROVAL
6
Any graffiti painted or marked upon the premises or on any adjacent
Planning and Building
area under the control of the property owner shall be removed or
Department,
painted over within 24 hours of being applied.
Code Enforcement
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
7
The Applicant shall defend, indemnify, and hold harmless the City
Planning and Building
and its officials, officers, employees and agents (collectively referred
Department,
to individually and collectively as "Indemnitees") from any and all
Planning Services
claims, actions or proceedings brought against Indemnitees to
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attack, review, set aside, void, or annul the decision of the
Indeinnitees 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.
8
The applicant is responsible for paying all charges related to the
Planning and Building
processing of this discretionary case application within 30 days of the
Department,
issuance of the final invoice or prior to the issuance of building
Planning Services
permits for this project, whichever occurs first. Failure to pay all
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charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
9
The subject Property shall be developed substantially in accordance
Planning and Building
with plans and specifications submitted to the City of Anaheim by
Department,
the petitioner and which plans are on file with the Planning
Planning Services
Department, and as conditioned herein.
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