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Resolution-PC 2013-042RESOLUTION NO. PC2013 -042 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2012 -05628 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2012- 00091) (1457 AND 1471 EAST ROMNEYA DRIVE) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2012 -05628 to permit the expansion of an existing church facility involving: the construction of a new two -story church sanctuary; conversion of an existing sanctuary to a library /study area; conversion of an existing dining hall to a conference room/classroom area and conversion of existing offices and a kitchen to storage space for certain real property located at 1457 and 1471 East Romneya Drive in the City of Anaheim, County of Orange, State of California , as more particularly shown in Exhibit A, attached hereto and incorporated herein by this reference (the "Property "); and WHEREAS, the Property, consisting of approximately 2.56 acres, is developed with a church facility measuring approximately 9,105 square feet and a 256 square foot storage shed. The Property is located in the Transition zone. The Anaheim General Plan designates the Property for Low - Density Residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 17, 2013 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 of the Code, to hear and consider evidence for and against said proposed conditional use permit 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 project proposed under Conditional Use Permit No. 201.2 -05628 is within that class of projects which consist of in -fill development meeting the conditions described in Section 15332 of Title 14 of the California Code of Regulations ( "CEQA Guidelines "). Specifically, project proposed under Conditional Use Permit No. 2012 -05628 (a) is consistent with the applicable General Plan designation and all applicable General Plan policies, as well as with the applicable zoning designation and regulations, (b) is no more than five acres in size and is substantially surrounded by urban uses, (c) has no value as a habitat for endangered, rare or threatened species, (d) would not result in significant effects relating to traffic, noise, air quality, or water quality, and (e) the Property can be adequately served by all required utilities and public services. Accordingly, pursuant to Section 15332 of the CEQA Guidelines, the project proposed under Conditional Use Permit No. 2012 -05628 will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - I - PC2013 -042 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 to permit to permit the expansion of an existing church facility involving the construction of a new two -story church sanctuary, conversion of an existing sanctuary to a library /study area, conversion of an existing dining hall to a conference room/classroom area, and conversion of existing offices and a kitchen to storage space, does find and determine the following facts: 1. The proposed conditional use permit is properly one for which a conditional use permit is authorized under Section No. 18.14.030,010 (Community and Religious Assembly) of the Code. 2. The proposed conditional use permit would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the building is surrounded by compatible buildings and uses, and, the proposed church expansion would be located within an existing church facility with no adverse effects to adjoining land uses. 3. The size and shape of the site for the use is adequate to allow the full development of the proposed expansion in a manner not detrimental to the particular area or to the health and safety because the proposed use would be located within an existing church facility. 4. The traffic generated by the proposed use 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, and adequate parking will be provided to accommodate the use since additional parking spaces will be provided and the seating capacity will be restricted to 205 seats. 5. The granting of 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 as the proposed land use will continue to be integrated with the surrounding residential area and would not pose a health or safety risk to the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2012 -05628 subject to the conditions of approval described 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 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 (s), (ii) the modification complies with the Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. -2- PC2013 -042 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. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days 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 was adopted at the Planning Commission meeting of June 17, 2013. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIl2, ANAHEIM CITY P NING COMMISSION ATTEST: V � SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2013 -042 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 June 17, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this 17 day of June, 2013. SENIOR SECTARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2013 -042 EXHIBIT "A" DEV NO. 2012 -00091 APN; 073 - 355 -17 073 - 355 -11 AVE ............ li v 0 z w O a m w a a O O 3 Z w Y w E CRESTLANE AVE a— I E PINEWOOD AVE E HEDGEWOOD AVE H ¢ °u v Source'. Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feet. -5- PC2013 -042 E ROMfNEYA OR EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2012-05628 (DEV2012- 00091) NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY PRIOR TO ISSUANCE OF A BUILDING PERMIT 1 Trash enclosure areas shall be provided and maintained in a Planning location acceptable to the Public Works Department and in Department/ accordance with approved plans on file with said Public Works - Department. Said storage areas shall be designed, located Streets and and screened so as not to be readily identifiable from Sanitation adjacent streets. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one - gallon size clinging vines planted on maximum three -foot centers or tall shrubbery. The trash enclosures openings shall be oriented to provide efficient trash truck circulation and shall be constructed per City specifications. 2 That a private water system with separate water service for Public fire protection and domestic water shall be provided. Utilities - Water Engineering 3 That all requests for new water services or fire lines, as well Public as any modifications, relocations, or abandonment of existing Utilities - water services and fire lines, shall be coordinated through Water Water Engineering Division of the Anaheim Public Utilities Engineering Department. 4 All backflow equipment shall be located above ground Public outside of the street setback area in a manner fully screened Utilities - from all public streets and alleys. Any backflow assemblies Water currently installed in a vault will have to be brought up to Engineering current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. 5 Landscaping shall be provided around the above ground Public large meter or fire service to shield from street view. Utilities - Water Engineering 6- PC2013 -042 6 That all existing water services and fire services shall Public conform to current Water Services Standards Specifications. Utilities - Any water service and/or fire line that does meet current Water standards shall be upgraded if continued use if necessary or Engineering abandoned if the existing service is no longer needed. The owner /developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 7 That individual water service and/or fire line connections Public will be required for each parcel or commercial unit per Rule Utilities - 18 of the City of Anaheim's Water Rates, Rules and Water Regulations. Engineering 8 That if this is a non - individual homeowner project with a Public landscaping area (including pools or other water features) Utilities - exceeding 2,500 square feet, a landscape Documentation Water Package and a Certification of Completion are required and a Engineering separate irrigation meter shall be installed in compliance with Chapter 10.19 of Anaheim Municipal Code and Ordinance No. 6160 regarding water conservation. 9 There are no backflow prevention devices on the existing Public water meters serving the property. If continued use of the Utilities - services and meters are required, lead -free backflow Water prevention devices, meeting the City of Anaheim's standards Engineering must be installed, otherwise the services must be abandoned prior to issuance of building permits. 10 A final landscape plan shall be provided to the Planning Planning Department for review and approval prior to issuance of Department Building Permits. Trees, shrubs and groundcovers and irrigation shall be installed per City Standards. All existing and proposed perimeter walls, including trash enclosure walls shall be provided with clinging vines per City Standards. I 1 Prior to issuance of a building permit, the property owner shall irrevocably offer to dedicate to the City of Anaheim an Public Works - easement 45 ft in width from the centerline of Acacia Street Development and an easement 32 ft in width from the centerline of Romneya Services Drive, including the right -of -way corner cutback, for road, public utilities and other public purposes. 12 Prior to the issuance of a building permit, the vehicular access rights to Acacia Street and Romneya Drive, except at the Public approved driveway locations, shall be released and Works - relinquished to the City of Anaheim. Development Services -7- PC2013 -042 13 That prior to issuance of a building permit, the property Public owner shall submit to Public Works/Development Services Works - street, landscape /irrigation and sewer improvement plans. Development Acacia Street shall be improved per PW Standard Detail 160- A, Secondary Arterial and Romneya Drive shall be improved Services per PW Detail 160 -A, Collector Street. The improvements include, but are not limited to sidewalk, driveways, ADA curb ramp(s), landscapelirrigation, storm drain and sewer facilities, and required street, curb and gutter repairs. The landscape and irrigation improvement plans shall show the irrigation connected to the private on -site water system. 14 Prior to issuance of a building permit for the development, public the building plans shall confirm that the sewer flows Works - generated at the proposed project will not exceed those Development previously discharged due to a balancing of existing and Services proposed drainage fixtures. Additional drainage fixtures may trigger required public sewer improvements and affect project development schedule. 15 An automatic fire sprinkler system shall be designed, Fire installed and maintained as required by the Fire Department. Department 16 Lockable pedestrian and/or vehicular access gates shall be Fire equipped with Knox devices as required and approved by the Department Fire Department. PRIOR TO APPROVAL OF IMPROVEMENT PLAN 17 Prior to approval of permits for improvement plans, the public property owner /developer shall coordinate with Electrical Utilities - Engineering to establish electrical service requirements and submit electric system plans, electrical panel drawings, site Electrical plans, elevation plans, and related technical drawings and Engineering specifications. PRIOR TO CONNECTION OF ELECTRICAL SERVICE 18 If required, prior to connection of electrical service, the legal public owner shall provide to the City of Anaheim a Public Utilities Utilities - easement with dimensions as shown on the approved utility Electrical service plan. Engineering 19 Prior to connection of electrical service, the legal owner shall public submit payment to the City of Anaheim for service Utilities - connection fees. Electrical Engineering -8- PC2013 -042 PRIOR TO APPROVAL OF WATER IMPROVEMENT PLAN 20 The Owner shall irrevocably offer to dedicate to the City of Anaheim (i) an easement for all large domestic above - ground public water meters and fire hydrants, including a five (5) -foot wide Utilities - easement around the fire hydrant and/or water meter pad. (ii) Water Engineering a twenty (20) foot wide easement for all water service laterals all to the satisfaction of the Water Engineering Division. The easements shall be granted on the Water Engineering Division of the Public Utilities Department's standard water easement deed. The easement deeds shall include language that requires the Owner to be responsible for restoring any special surface improvements, other than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for the repair, replacement and maintenance of all surface improvements other than asphalt paving shall be the responsibility of the Owner and included and recorded in the Master CC & R's for the project. PRIOR TOAPPLYING FOR FIRST WATER METER OR FIRE SERVICE OR FIRST SUBMITTAL OF THE WATER IMPROVEMENT PLANS 21 That the developer /owner shall submit to the Public Utilities Public Water Engineering an estimate of the maximum fire flow Utilities - rate and maximum day and peak hour water demands for the Water project. This information will be used to determine the Engineering adequacy of the existing water system to provide the estimated water demands. 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. PRIOR TO ISSUANCE OF GRADING PERMIT 22 Prior to issuance of a grading permit, the property owner shall public submit project improvement plans that incorporate the required drainage improvements, and the mechanisms proposed in the Works - approved Drainage Report. Prior to approval of the plans, Development improvement bonds shall be posted in an amount approved Services by the City Engineer and in a form approved by the City Attorney's Office. The improvements shall be constructed prior to issuance of building permits. No offsite run -off shall be blocked during and after grading operations or any perimeter wall construction. -9- PC2013 -042 23 Prior to the issuance of a grading permit, the applicant shall public submit — to the Public Works Department, Development Services Division for review and approval — a Water Qua fity Works - Management Plan that conforms with current Orange County Development Guidelines and Requirements as well as the City's WQMP Services Review Checklist. 24 Prior to issuance of a grading permit, all existing structures and public surface improvements within the grading limits shall be demolished. The developer shall obtain a demolition permit Works - from the Building Division. Development Services 25 Prior to issuance of the grading permit or right -of -way public construction permit for the storm drain and sewer, whichever Works - occurs first, a Save Harmless agreement in -lieu of an Encroachment Agreement for any storm drains connecting to a Development City storm drain is required to be executed by the property Services owner, approved by the City and recorded in the Office of the Orange County Recorder. PRIOR TO APPROVAL OF PUBLIC IMPROVEMENT PLANS 26 Prior to approval of the public improvement plans, improvement bonds shall be posted in an amount approved Public by the City Engineer and in a form approved by the City Works - Attorney's Office. The improvements shall be constructed Development prior to final building and zoning inspections. Services PRIOR TO FINAL BUILDING AND ZONING INSPECTION 27 That prior to final building and zoning inspection, the applicant shall: Public public • Demonstrate that all structural BMPs described in the Works- Project WQMP have been constructed and installed in Development conformance with approved plans and specifications. Services • Demonstrate that the applicant is prepared to implement all non - structural BMPs described in the Project WQMP. • Demonstrate that an adequate number of copies of the approved Projects WQMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 28 That prior to final building and zoning inspection, fire lanes shall be posted with "No Parking Any Time ". Said public information shall be specifically shown on plans submitted Works - for building permits. Traffic Engineering to- PC2013 -042 29 Should gate locations be approved within the minimum Public setback area, a gate operation plan shall be submitted for review and approval which indicates how the gates will Works - operate so that traffic in the public right of way is not Traffic Engineering obstructed. Subject property shall thereupon be developed and maintained in accordance with said plans. 30 A formal request and submittal to the City via Real Property blic public Services to vacate the existing utility easement on the east property boundary of the portion of lot 19 of Tract 2 shall be Works- completed by the applicant. The approval and recordation of property Services the easement(s) vacation needs to be approved and recorded prior to final building and zoning inspections. 31 That prior to final building and zoning inspections, ADA Public compliant curb access ramps with truncated domes shall be constructed at the intersection of Acacia Street and Romneya Works- Development Drive conformance with Public Works Standard Detail 111 -3 Services 32 That prior to final building and zoning inspection, all Public required public improvement shall be completed and Works - submitted to the City for acceptance and bond release per AMC 17.08.480. Development Services 33 Building shall be equipped with a comprehensive security police alarm system (silent or audible) for the following coverage areas: Department • Perimeter building and access route protection. • High valued storage areas. 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 34 Closed circuit television (CCTV) security camera shall be police provided, with the following coverage areas: Department • Lobby Entrances • Building perimeter • Parking lot • Exterior entrance • Stairwell • Interior hallway • Cashier's area or Collection counting room. If security cameras are not monitored, signs indicating so should be placed at each camera. CCTV monitors and - 11 - PC2013 -042 -12- PC2013 -042 recorders should be secured in a separate locked compartment to prevent theft of, or tampering with, the tape. CCTV recordings should be kept for a minimum of 30 days before recorded over. CCTV videotapes should not be recorded over more than 10 times per tape. Use of digital recording equipment as an alternative to videotape is encouraged. 35 Address numbers shall be positioned so as to be readily police readable from the street. Number should be illuminated Department during hours of darkness. Rear entrance doors shall be numbered with the same address numbers or suite number of the business. Minimum height of 4" recommended. Industrial, commercial, institutional, or office buildings shall have clearly marked doors with numbers corresponding to the alarm zones, if any. The identification of alarm zone coverage will assist responding police and security units in faster identification and apprehension of potential suspects, if any. Each different unit within the building shall have its particular address displayed on its front and rear doors or directly above the front and rear doors. 36 All exterior doors to have adequate security hardware, e.g. police deadbolt locks. Wide -angle peepholes or other viewing Department device should be installed in solid doors where natural surveillance is compromised. The locks shall be so constructed that both the deadbolt and deadlocking latch can be retracted by a single action of the inside doorknob/lever /turn piece. 37 All glass skylights on the roof of any building shall be Police provided with: Department • Rated burglary resistant glass or glass -like acrylic material or • Security bars of at least 1 /2" round steel, or I" by 1 1/4" flat steel material, spaced no more than 5" apart under the skylight and securely fastened. • Steel grill of at least 1/8" material under the skylight and securely fastened. 38 Landscaping shall be of the type and situated in locations to police maximize observation while providing the desired degree of Department aesthetics. Security planting materials are encouraged along fence and property lines and under vulnerable windows. Trees should not be planted close enough to the structure to allow easy access to the roof, or should be kept trimmed to make climbing difficult. -12- PC2013 -042 39 "No Trespassing 602(k) P.C. " posted at the entrances of parking lots/structures and located in other appropriate police places. Signs must be at least 2' x 1' in overall size, with Department white background and black 2" lettering. All entrances to parking areas shall be posted with appropriate signs per 22658(a) C.V.C., to assist in removal of vehicles at the property owners/managers request. GENERAL CONDITIONS 40 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents Planning Department (collectively referred to individually and collectively as "Indemnitees ") from any and all claims, actions or proceedings brought against hndemnitees 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. 41 The property shall be permanently maintained in an orderly fashion through the provision of regular landscaping Code maintenance, removal of trash or debris. Enforcement 42 Adequate lighting of parking lots, passageways, recesses, Planning/ and grounds contiguous to buildings, monument signs shall police be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of Department any person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on -site. All exterior doors shall have their own light source, which shall 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. 43 The hours of operation for the church shall be limited to the Planning hours outlined in the operational plan and parking demand Department letter. The worship services shall not operate simultaneously to other uses on the property. The church hours of operation may operate until 10:00 p.m. Sunday through Thursday and 11:00 p.m. on Friday and Saturday. The hours of operation may be modified subject to prior 13- PC2013 -042 -14- PC2013 -042 review and approval by Planning Director. The church hours of operation may operate until 10:00 p.m. Sunday through Thursday and 11:00 p.m. on Friday and Saturday. The hours of operation may be modified subject to prior review and approval by Planning Director. 44 All activities related to the use shall occur indoors, except as Code may be permitted by an authorized Special Event Permit. Enforcement 45 No outside storage of equipment/furniture shall be permitted. Planning Department 46 No required parking area shall be fenced or otherwise enclosed for outdoor storage. Code Enforcement 47 Any graffiti painted or marked upon the premises or on any adjacent area under the control of the property owner shall be Code removed or painted over within 24 hours of being applied. Enforcement 48 The property shall be developed substantially in accordance with plans and specifications submitted to and reviewed by planning the City of Anaheim and which plans are on file with the Department Planning Department and as conditioned herein. 49 The existing storage shed shall be demolished. Planning Department 50 The existing monument shall signs shall be removed and a sign program shall be submitted for review and approval. planning All unpermitted banners shall be removed from the property. Department 51 The perimeter four foot chain -link fence shall be removed. A new six foot high block wall shall be constructed along the planning portion of the northeast property line where the chain -link Department fence is to be removed, except that the block wall shall not exceed three feet in the front setback area. 52 All roof mounted equipment shall be properly screened per City Standards. planning Department 53 That ongoing during business operations, no parking area public shall be fenced off or otherwise enclosed for outdoor storage uses. Works - Development Services -14- PC2013 -042 54 The seating capacity of the assembly area shall not exceed 205 fixed seats as defined by the Municipal Code. Planning Department 55 The property owner shall submit a letter to the Planning planning Department requesting the termination of Conditional Use Department Permit No. 1074. 56 The Property shall be developed substantially in accordance Planning with plans and specifications submitted to and reviewed by Department the City of Anaheim and which plans are on file with the Planning Department herein marked Exhibit No. 1 (Architectural Drawings) and as conditioned herein. - 15- PC2013 -042