Resolution-PC 2020-003RESOLUTION NO. PC2020-003
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2018-05990
AND VARIANCE NO. 2019-05130
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2018-00130)
(3111 WEST ORANGE AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred to
as the "Planning Commission") did receive a verified petition for Conditional Use Permit No.
2018-05990 to permit and retain a church within an existing two-story office building and
Variance No. 2019-05130 to permit an existing 6 -foot high wrought iron fence within the
required front setback which is higher than permitted by the Code on certain real property
located at 3111 West Orange Avenue in the City of Anaheim, County of Orange, State of
California, as generally depicted on Exhibit A attached hereto and incorporated herein by this
reference (the "Property"); and
WHEREAS, the property is approximately 0.55 acres in size and is developed with
a two story office building. 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 ("Code"). The Land Use Element of
the Anaheim General Plan designates the Property for Office Low land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on February 19, 2020 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. 2018-05990 and Variance No. 2019-05130 (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 Implementation of the California
Environmental Quality Act (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. 2018-05990,
does find and determine the following facts:
1) The Proposed Project is an allowable use within the "C -G" General Commercial
Zone under subsection .010 of Section 18.08.030 (Uses) of Chapter 18.08 (Commercial
Zones) of the Code, subject to a conditional use permit and the zoning and development
standards of the "C -G" General Commercial Zone.
2) The Proposed Project, 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 an office building and there are a sufficient amount of parking spaces to
accommodate the parking demand for the church use.
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 church is located within an existing office building and a
sufficient number of on-site parking spaces and adequate vehicle circulation are provided on-
site.
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 to accommodate the use.
5) The granting of Conditional Use Permit No. 2018-05990 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 does further find and determine that the
request for Variance No. 2019-05130 to exceed the maximum fence height within the required
front setback should be approved for the following reasons:
SECTION NO. 18.46.110.030 Permitted fence height within the
required front setback. (3 feet
permitted; 6 feet proposed)
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1) There are special circumstances applicable to the Property, including size, shape,
topography, location or surroundings, which do not apply to other property under identical
zoning classification in the vicinity. Due to the irregular shape of the subject Property
adjacent to an existing flood channel (triangular lot with narrow lot depth at the west end),
strict application of the development standards creates a hardship for the Proposed Project.
In addition, the location of the Project site adjacent to the Twila Reid Public Park across
Orange Avenue and the flood control channel to the north have posed a hardship on
adequately securing the site from trespassers. The proposed fencing is designed to provide
security for the church site while remaining compatible with the surrounding community.
2) That, because of the special circumstances identified above, strict application of
the Zoning Code would deprive the property of privileges enjoyed by other property under
identical zoning classification in the vicinity. In addition to providing needed security, the
character and design of the fencing and gates, as well as the installation of new landscaping,
would be complimentary with the design of the church and similar with the surrounding area.
and;
WHEREAS, this 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. This 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, pursuant to the above findings,
this Planning Commission does hereby approve Conditional Use Permit No. 2018-05990 and
Variance No. 2019-05130 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 that portion of the Property for which
Conditional Use Permit No. 2018-05990 and Variance No. 2019-05130 is applicable 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.
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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 February 19, 2020. 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:
/! ` r
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 February 19, 2020, by the following
vote of the members thereof:
AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS,
VADODARIA, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MULLEADY
2020. IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of February,
16a,
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2018-00130
APN: 135-374-01
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Feet Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2018-05990 AND
VARIANCE NO. 2019-05130
(DEV2018-00130)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OF BUILDING PERMITS
1
The property owner shall irrevocably offer to dedicate to the City of
Public Works
Anaheim an easement 45- feet in width from the centerline of Orange
Department,
Avenue along the property's frontage for road, public utilities and
Development Services
other public purposes.
2
The legal property owner shall submit an application for a Subdivision
Public Works
Map Act Certificate of Compliance to the Public Works Department,
Department,
Development Services Division.
Development Services
OPERATIONAL CONDITIONS OFAPPROVAL
3
Gates shall remain open during business hours.
Public Works
Department, Traffic
Engineering
4
That curbs adjacent to the drive aisles shall be painted red to prohibit
Public Works
parallel parking in the drive aisles. Red curb locations shall be clearly
Department, Traffic
labeled on building plans.
Engineering
5
That prior to final building and zoning inspection, fire lanes shall be
Public Works
posted with "No Parking Any Time." Said information shall be
Department, Traffic
specifically shown on plans submitted for building permits.
Engineering
6
The only school activity in connection with this church shall be related
Planning and Building
to religious services/Sunday school, prayer meetings, or Bible studies.
Department,
This facility shall not be used as a private daycare, preschool,
Planning Services
elementary, junior and/or senior high school.
Division
7
The church facility shall operate in accordance with the Letter of
Planning and Building
Operation submitted as part of the application. Any changes to the
Department,
facility's operation described in the Letter of Operation shall be
Planning Services
subject to review and approval by the Planning Director to determine
Division
substantial conformance with said letter and to ensure compatibility
with the surrounding uses.
GENERAL
8
Within 60 days of the date of approval, the applicant shall submit
Planning and Building
plans and complete a Building Code analysis for occupancy changes
Department,
and any tenant improvements within the subject building. In addition,
Planning Services and
all proper building permits shall be obtained for the church within 120
Building Divisions
days of the date of this approval.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
9
That prior to final building and zoning inspection, an automatic fire
Fire Department
sprinkler system shall be designed, installed and maintained in all
structures as required by the Fire Department.
10
That prior to final building and zoning inspection, a fire alarm system
Fire Department
shall be designed, installed and maintained as required by the Fire
Department.
11
That prior to final building and zoning inspection, lockable pedestrian
Fire Department
and/or vehicular access gates shall be equipped with Knox devices as
required and approved by the Fire Department.
12
All remaining fees/deposits required by Public Works department
Public Works
must be paid in full.
Department,
Development Services
13
Final landscaping plans in compliance with all Code requirements
Planning and Building
shall be submitted for review and approval by the Planning and
Department,
Building Director or his/her designee. Said landscape plan shall
Planning Services
comply with Chapters 10.19 (Landscape Water Efficiency) and 18.46
Division
(Landscaping and Screening) of the City's Municipal Code. The
submitted plans shall also include details for all proposed walls,
fences, and gates.
14
The Applicant shall defend, indemnify, and hold harmless the City and
Planning and Building
its officials, officers, employees and agents (collectively referred to
Department,
individually and collectively as "Indemnitees") from any and all
Planning Services
claims, actions or proceedings brought against Indemnitees to attack,
Division
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.
15
The subject property shall be developed, operated and maintained
Planning and Building
substantially in accordance with the plans and specifications
Department,
submitted to the City of Anaheim by the applicant for CUP2018-
Planning Services
05990 and VAR2019-05130.
Division
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
16
Approval of this application constitutes approval of the proposed
Planning and Building
request only to the extent that it complies with the Anaheim Municipal
Department,
Zoning Code and any other applicable City, State and Federal
Planning Services
regulations. Approval does not include any action or findings as to
Division
compliance or approval of the request regarding any other applicable
ordinance, regulation or requirement.
17
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
Division
charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
18
All new landscaping shall be installed in conformance with Chapter
Planning and Building
18.46 "Landscape and Screening" of the Anaheim Municipal Code
Department,
and shall be maintained in perpetuity. Landscaping shall be replaced
Planning Services
in a timely manner in the event that it is removed, damaged, diseased
Division
and/or dead.
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