Resolution-PC 2021-001
RESOLUTION NO. PC2021-001
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL
USE PERMIT NO. 2013-05660AND MAKING CERTAIN FINDINGS
IN CONNECTION THEREWITH
(DEV2013-00024C)
(8163 EAST KAISER BOULEVARD)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred to
as the "Planning Commission") did receive a verified petition to amend Conditional Use Permit
No. 2013-05660 to delete a condition of approval and to permit a preschool in conjunction with an
existing church (“Proposed Project”) at that certain real property located at 8163 East Kaiser
Boulevard 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, on May 20, 2013, and subject to certain conditions of approval, the
Planning Commission adopted Resolution No. PC2013-038, approving Conditional Use Permit
No. 2013-05660 to permit a religious and community assembly hall within an office building in
conjunction with a United States Post Office (“USPS") building (herein referred to as the "Original
CUP") on that certain real property located at 8163 E. Kaiser Boulevard in the City of Anaheim.
The conditions of approval included in Resolution No. PC2013-038 shall be referred to herein
collectively as the "Previous Conditions of Approval"; and
WHEREAS, on September 14, 2014, and subject to certain conditions of approval,
the Planning Commission adopted Resolution No. PC2014-088 to permit the expansion of the
existing uses into an existing covered platform previously used by the 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 "Amended
CUP"); and
WHEREAS, the Property is approximately 2.5-acres in size and is developed with
a church and USPS building. The Property is located within the “Office-Low” land use designation
of the Anaheim General Plan. The property is also located in the “O-L” Low Intensity Office zone
and Scenic Corridor (SC) Overlay Zone and is subject to the zoning and development standards
contained in Chapter 18.08 (Commercial Zones) and Chapter 18.18 (Scenic Corridor (SC) Overlay
Zone); and
WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of
Emergency in California as a result of the threat of COVID-19. On March 17, 2020, Governor
Newsom issued Executive Order N-29-20 (superseding the Brown Act-related provisions of
Executive Order N-25-20 issued on March 12, 2020), which allows a local legislative body to
hold public meetings via teleconferencing and to make public meetings accessible
telephonically or otherwise electronically to all members of the public seeing to observe and to
address the local legislative body; and
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WHEREAS, pursuant to Executive Order N-29-20 the Planning Commission did
hold a teleconferencing public hearing at the Civic Center in the City of Anaheim on January 20,
2021 at 5:00 p.m. and 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 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 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 Procedures, 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 Proposed
Project is within that class of projects (i.e., Class 1 –Existing Facilities) which consists 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 existing or former use, 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
WHEREAS, this 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 to amend Conditional Use Permit No. 2013-
05660, does find and determine the following:
1.That the Proposed Project is properly one for which a conditional use permit is
authorized by the Code which allows an Educational Institutional-General use in the Low Intensity
Office (O-L) Zone subject to approval of a conditional use permit pursuant to Section 18.08.030
of the Code.
2.That 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 locatedbecauseall activities
associated with the preschool will occur within the interior of the existing church building.
3.That the size and shape of the site is adequate to allow the full development of the
Proposed Project 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 witha church, coffee
lounge, and a USPS post office and the Proposed Project will occupy an area of the church which
is currently being used for Sunday schoolservices.
4.That thetraffic 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.
5.That the granting of the amendment to 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; and
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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
negate 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 RESOLVEDthat, pursuant to the above findings, this
Planning Commissiondoes hereby amendConditional Use Permit No. 2013-05660to delete
Condition No. 1 of Resolution No. PC2013-038, contingent upon and subject to the conditions of
approval described in Exhibit Battached 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.
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 andhereby replace the Previous Conditions of Approvalin their entirety. All
references to the conditions of approval for the Original CUP 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. 2013-05660C.
BE IT FURTHER RESOLVED that 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 the amendmentof Conditional Use Permit No.
2013-05660constitutes 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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EXHIBIT “A”
CONDITIONAL USE PERMIT NO. 2013-05660C
(DEV2013-00024C)
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EXHIBIT“B”
CONDITIONAL USE PERMIT NO. 2013-05660C
(DEV2013-00024C)
RESPONSIBLE
NO.CONDITIONS OF APPROVAL
DEPARTMENT
GENERAL CONDITIONS
1That ongoing during project operations, vehicle deliveries Public WorksDepartment,
including loading and unloading shall be performed on Traffic Engineering
site.Delivery vehicles shall not block any part of the public right
of way.
2 That ongoing during project operations, preschool student pick-Public WorksDepartment,
up/drop-off shall be performed on site. Traffic Engineering
3 With the exception of the children’s play area on the east side of Planning and Building
the building, no outdoor uses and/or assembly or outdoor storage Department, Code
shall occur on the property. Enforcement Division
4 Church services shall be permitted from 6:30 p.m. to 11:00 p.m. Planning and Building
on weekdays, with no time restrictions on weekends. Church office Department, Code
uses are not subject to this restriction. Enforcement Division
5 No portable signs shall be utilized to advertise the churchor coffee Planning and Building
shop. Department, Code
Enforcement Division
6 The property shall be permanently maintained in an orderly Planning and Building
fashion through the provision of regular landscaping maintenance, Department, Code
removal of trash or debris, and removal of graffiti within twenty Enforcement Division
four (24) hours from time of occurrence.
7 “No Trespassing 602(k) P.C.” posted at the entrances of parking Police Department
lots/structures and located in other appropriate places. Signs must
be at least 2’x1’ in overall size, with white background and black
2” lettering.
8 All entrances to parking areas shall be posted with appropriate Police Department
signs per 22656(a) C.V.C., to assist in removal of vehicles at the
property owners/managers request.
9 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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RESPONSIBLE
NO. CONDITIONS OF APPROVAL
DEPARTMENT
10 Building shall be equipped with a comprehensive security alarm Police Department
system (silent or audible) for the following coverage areas:
1)Perimeter building and access route protection.
2)High valued storage areas (to include)
a) Audio/Visual room
b)Donation collection/counting room
c) Room or office containing safe.
11 The existing snorkel driveway shall be closed prior to final Public Works Department
building and zoning inspection. The existing mail drop box may
be relocated to any existing landscaped planter area such that
vehicle queuing does not block the entrance driveway.
12 The subject Property shall be developed substantially in Planning and Building
accordance with plans and specifications submitted to the City of Department, Planning
Anaheim by the petitioner and which plans are on file with the Services Division
Planning and Building Department,and as conditioned herein.
13 The Applicant shall defend, indemnify, and hold harmless the City Planning and Building
and its officials, officers, employees and agents (collectively Department, Planning
referred to individually and collectively as “Indemnitees”) from Services Division
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.
14 The applicant is responsible for paying all charges related to the Planning and Building
processing of this discretionary case application within 30 days of Department, Planning
the issuance of the final invoice or prior to the issuance of building Services Division
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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