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Resolution-PC 2012-009RESOLUTION NO. PC201.2 -009 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 32 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2009 -05468 AND VARIANCE NO. 2009 -04803 (DEV2009- 00058) (909 SOUTH DALE AVENUE, 2823 WEST BALL ROAD, 904 SOUTH CALICO CIRCLE and 912 SOUTH CALICO CIRCLE) WHEREAS, on March 4, 1963, the Anaheim Planning Commission did, by its Resolution No. 668, granted Conditional Use Permit No. 380, to construct a church; and WHEREAS, on April 7, 1980, the Anaheim Planning Commission, by its Resolution No. PC80 -64, did grant Conditional Use Permit No. 2067, to permit the expansion of an existing church; and WHEREAS, on November 27, 1995, the Anaheim Planning Commission, by its Resolution No. PC95 -155, did grant Conditional Use Permit No. 3796, to construct a chapel and waiting room in conjunction with an existing church with waivers of minimum setbacks and number of required parking spaces; and WHEREAS, on March 8, 2004, the Anaheim Planning Commission, by its Resolution No. PC2004 -27, did amend Conditional Use Permit No. 3796, to construct an accessory parking lot for an existing church with waivers of minimum structural and landscape setbacks and maximum fence height; and WHEREAS, the Planning Commission did receive a verified Petition for Conditional Use Permit No. 2009 -05468 and Variance No. 2009 - 04803, as described below; and WHEREAS, the applicant requests a Conditional Use Permit to permit the expansion of an existing church by replacing an existing 3,290 square foot social hall with an 18,990 square foot social hall, including the renovation of an adjacent outdoor plaza area with less parking spaces than required by Code; and WHEREAS, the subject property is developed with a church facility and is located in the T (Transition) and RS -2 (Residential, Single - Family) Zones, and the Anaheim General Plan designates these properties for Low Density and Low - Medium Density Residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 13, 2012, 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 the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed amendment to conditional use permit and variance and to investigate and make findings and recommendations in connection therewith; and 1 PC2012 -009 WHEREAS, said 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, does find and determine the following facts: 1. The proposed request to permit the expansion of an existing church by replacing an existing 3,290 square foot social hall with an 18,990 square foot social hall, including the renovation of an adjacent outdoor plaza area with less parking spaces than required by Code is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.14.030.040.0402 and 18.04.030.040.0402 (Community and Religious Assembly). 2. The proposed conditional use permit, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located the church will continue to operate in a consistent manner which is not detrimental to the adjacent properties. 3. The size and shape of the site for the use is adequate to allow the full development of the proposed project in a manner not detrimental to the particular area or to the health and safety because the facilities on the property will be used during off - setting times. 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 church will operate the facilities during off - setting hours and all of the buildings will not be used simultaneously. 5. The granting of the conditional use permit and the variance under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed project will be compatible with the surrounding area through conditions of approval for the use and is not a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the Planning Commission does further find and determine that the request for a variance to permit less parking spaces than required by Code should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum required parking spaces (444 spaces required; 192 proposed) 1. The variance is hereby approved based upon operational standards described by the applicant and the parking observation conducted determining the necessary demand for parking spaces for the proposed project. The parking observation concludes that the demand for the church services is less than the number of spaces provided. Additionally, the property is conditioned to operate in a manner off - setting the uses and the buildings are not permitted to operate simultaneously. For these reasons, this request will not cause fewer off - street parking spaces to be provided for the proposed use than the number of such spaces necessary. 2 - PC2012 -009 2. The variance will not will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because all parking will be contained on the subject property. 3. The variance will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because all parking will be contained on the subject property. 4. The variance will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use because the project does not propose new ingress or egress points and is designed to allow adequate on -site circulation. 5. The variance 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 does not propose new ingress or egress points and is designed to allow adequate on -site circulation and therefore will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the property. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15332, Class 32 (Infill Development) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW THEREFORE BE IT RESOLVED that the Planning Commission, for the reasons hereinabove specified does hereby grant Conditional Use Permit No. 2009 -05468 to expansion of an existing church by replacing an existing 3,290 square foot social hall with an 18,990 square foot social hall, including the renovation of an adjacent outdoor plaza area and grant Variance No. 2009 - 04803. BE IT FURTHER RESOLVED that, except as expressly amended herein, the provision of Resolution No. PC2004 -27, amending Conditional Use Permit No. 3796, shall remain in full force and effect. BE IT FURTHER RESOLVED, that 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 Anaheim City 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. 3 PC2012 -009 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 Zoning 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. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 clays of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION s adopted at the Planning Commission meeting of February 13, 2012. A F1'EST: CHAIRMAN, ANAHEIM CITY PLANN COMMISSION SENIOR SECRETARY. ANAHEIM CITY PLANNING COMMISSION 4 PC2012 -009 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on February 13, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, FAESSEL, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: PERSAUD VACANT: COMMISSIONERS: ONE VACANCY IN WITNESS WHEREOF, I have hereunto set my hand this 13 day of February, 2012. TARY ANAHEIM CITY PLANNING SE ANNING COMMISSION - 5 - PC2012 -009 EXHIBIT "A" DEV NO. 2009 -00058 I t APN: 126- 232 -07 126- 232 -08 126- 232 -09 126- 232 -44 126- 232 -45 v lfl W ELM LAWN DR iv N W DE VOY DR h 95' 110' 110' W ROME AVE 0 278' 285' W BALL RD Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feet. 6 PC2012 -009 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO ISSUANCE OF A GRADING PERMIT 1 In the event that either of the two single - family residential properties on Calico Circle is sold to an entity not affiliated with the church, the properties shall not be considered as part of the church facility for the purposes of this conditional use permit. Planning Department, Planning Services 2 Prior to the issuance of a grading permit or building permit, whichever occurs first, the applicant shall submit to the Building Department for review and approval, a Water Quality Management Plan, in accordance with the latest WQMP requirements which went into effect as of August 17, 2011, that: • Addresses site design best management practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporates the applicable routine source control BMPs as defined in the Drainage Area Management Plan (DAMP). • Incorporates treatment control BMPs as defined in the DAMP. • Describes the long -term operation and maintenance requirements for the treatment control BMPs. • Identifies the entity that will be responsible for long -term operation and maintenance of the treatment control BMPs, and describes the mechanism for funding the long -term operation and maintenance of the treatment control BMPs. Planning Department, Building Division PRIOR TO ISSUANCE OF A BUILDING PERMIT 3 Any required relocation of City electrical facilities shall be at the developer's expense. Landscape and /or hardscape screening of all pad mounted equipment shall be required and shall be shown on the plans submitted for building permits. Public Utilities, Electrical Engineering Division 4 The developer /owner shall submit to the Public Utilities Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour demands for the Public Utilities, Water _ EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2009-05468 AND VARIANCE NO. 2009-04803 (DEV2009- 00058) -7 PC2012 -009 8 PC2012 -009 project. Any off -site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. Engineering Division PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 5 Prior to final building and zoning inspection, fire lanes shall be posted with "No Parking Any Time." Curbs adjacent to the drive aisles within fire lanes shall be painted red to prohibit parallel parking in the drive aisles. Said information shall be specifically shown on plans submitted for building permits. Subject property shall thereupon be developed and maintained in conformance with said plans. Public Works, Traffic Engineering Division 6 The business shall be equipped with an alarm system (silent or audible). Police Department 7 Address numbers shall be positioned so as to be readily readable from the street. Numbers should be visible during hours of darkness. Police Department 8 Complete a Burglary /Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim.net/article.asp?id=678 Police Department 9 All exterior doors to have adequate security hardware, e.g. deadbolt locks. Police Department 10 Adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on -site. Police Department 11 Gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standards and shall be subject to review and approval by the City Traffic and Transportation Manager. Public Works, Traffic Engineering Division 12 The water backflow equipment shall be above ground and located outside the required street setback area and fully screened from all public streets. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside the required street setback area in a manner fully screened from all public streets. Said information shall be specifically shown on plans submitted to the Water Public Utilities, Water Engineering Division - 8 PC2012 -009 - 9 PC2012 -009 Engineering and Cross Connection Inspector for review and approval. 13 Prior to connection of electrical service, the legal owner shall submit payment to the City of Anaheim for service connection fees. Public Utilities, Electrical Engineering Division ONGOING DURING PROJECT OPERATIONS 14 Signs shall be posted in the main parking lot directing overflow traffic to the southern parking lot fronting on Ball Road. Signs shall also be posted at the exit on Ball Road indicating that this is an exit only. Planning Department, Planning Services Division 15 No congregation or church meetings shall occur at the residential units located on Calico Circle and they shall only be used as residences for church leaders or employees. Planning Department, Planning Services Division 16 The hours of operation for the church, chapel, social hall, classrooms and multi - purpose room shall be limited to the hours outlined in Figure C of the Letter of Operation. As indicated, the church building and the social hall shall not operate simultaneously. Changes to the letter of operation are subject to review and approval by the Planning Director and shall be based on the demonstrated availability of an adequate number of parking spaces to support any requested operational change. Planning Department, Planning Services Division 17 This property shall be developed substantially in accordance with the plans, technical studies and specifications submitted to the City of Anaheim by the applicant and as conditioned herein, which include the Site Plan, Floor Plans and Elevation Plans (Exhibit Nos. 1 -14). Said plans and studies are on file in the Planning Department. Planning Department, Planning Services Division - 9 PC2012 -009