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Resolution-PC 2014-043RESOLUTION NO. PC2014 -043 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING VARIANCE NO. 2014 -04968 AND CONDITIONAL USE PERMIT NO. 2013 -05715 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00128) (13 80 SOUTH SANDERSON AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission ") did receive a verified Petition for Variance No. 2014 -04968 and Conditional Use Permit No. 2013 -05715 to permit the construction of a church sanctuary and conversion of an existing two -story office building into church classrooms, pre - school and office space with fewer parking spaces than required by the Zoning Code (herein referred to as the "Proposed Project ") for certain real property located at 1380 South Sanderson 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, consisting of approximately 4.5 acres, is developed with an office building. The Anaheim General Plan designates the Property for General Commercial land uses. The Property is located within the General Commercial (C -G) Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (the "Code "); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 16, 2014 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 said proposed Variance No. 2014 -04968 and Conditional Use Permit No. 2013- 05715, and 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 Proposed Project is within that class of projects which consist of infill development meeting the conditions described in Section 15332 of Title 14 of the California Code of Regulations ( "CEQA Guidelines "). Specifically, the Proposed Project, once approved, (a) will be consistent with the applicable General Plan designation and all applicable General Plan policies, as well as with the applicable zoning designation and regulations, and (b) would not result in any significant effects relating to traffic, noise, air quality, or water quality. In addition, the Property (a) is less than five acres in size and is substantially surrounded by urban uses, (b) has no value as habitat for endangered, rare or threatened species, and (c) can be adequately served by all required utilities and public services. A traffic impact study has been reviewed and approved; and a Preliminary Water Quality Management Plan was submitted for this project and was determined to be satisfactory pending review and approval of the Final Water Quality Management Plan. Accordingly, pursuant to Section 15332 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 - 1 - PC2014 -043 WHEREAS, the Planning Commission does further find and determine that the request for a variance for less parking than required by Code should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (318 spaces required; 309 spaces proposed) That the variance, under the conditions imposed, if any, will not cause fewer off - street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use because the church assembly, pre - school and the office uses take place during separate days of the week; 2. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the on -site parking will adequately accommodate the peak parking demands of the proposed church, pre - school and office uses; That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the church will hold services on days and times when the offices and pre - school are closed. The classrooms will accommodate family of church members who will be attending services on Sundays. The pre - school will operate during the week days and will not overlap church activities. Therefore, the on -site parking for the church and office space will adequately accommodate peak parking demands of all uses on the site; That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off - street parking areas or lots provided for the proposed use because the project site provides adequate ingress and egress points to the property and are designed to allow for adequate on -site circulation; and 4. That the variance, under the conditions imposed, if any, 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 site has existing ingress or egress access points that are 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 church and office building. 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. 2013 - 05715, does find and determine the following facts: The request to permit the Proposed Project in the General Commercial (C -G) Zone is properly one for which a conditional use permit is authorized by Section 18.08.030 (Conditionally Permitted Uses) of the Code. -2- PC2014 -043 2. The request to permit the Proposed Project would not adversely affect the surrounding land uses and the growth and development of the area in which it is proposed to be located because the Property is developed with an office building intended for employees with weekday hours and the church sanctuary would function on Sundays; further, the pre- school would operate during weekday hours and not overlap with church service days and times; and 3. The size and shape of the site is adequate to allow the full development of the proposed use 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 improved with an office building that would operate during the week and the church would assemble on Sundays ; and 4. A Traffic Impact Study prepared by Kimley -Horn and Associates, Inc.was conducted in April, 2014 for the project. It was determined that traffic generated by the Proposed Project would 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. The peak operating hours for the proposed church will occur on Sundays during the lowest traffic demand of the adjacent businesses. 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 because the Proposed Project will be compatible with the surrounding commercial uses. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Variance No. 2014 -04968 and Conditional Use Permit No. 2013 - 05715, contingent upon and 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. 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. -3 - PC2014 -043 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 June 16, 2014. 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. 0—Ji CHAIR, ANAHEIM CITY PL"AYNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 16, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: LIEBERMAN IN WITNESS WHEREOF, I have hereunto set my hand this 16 th day of June, 2014 f SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2014 -043 EXHIBIT "A" DEV2013 -00128 APN: 253 -631 -08 253 - 631 -09 S AUTO CENTER DR 124' 83 S SANDERSON AVE A Cl) N n J `Za 190' a so iao Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/- two to five feet. -5- PC2014 -043 EXHIBIT "B" VARIANCE NO. 2014-04968 AND CONDITIONAL USE PERMIT NO. 2013-05715 (DEV2013- 00128) -6- PC2014 -043 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT WITHIN 90 DAYS OFAPPROVAL OF THE CONDITIONAL USE PERMIT 1 ' The property owner shall require removal of all dealership vehicles Planning associated with expired Conditional Use Permit No. 2005 -04963 or Department, request amendment of the CUP to continue storage of the vehicles. Code Enforcement PRIOR TO THE ISSUANCE OF GRADING PERMIT 2. The applicant shall submit a final Water Quality Management Plan Public Works that conforms to current Orange County Guidelines and The City's Department, WQMP Review Checklist. Development Services 3 ' The developer must submit an updated geotechnical report that Planning further supports the absence of liquefaction hazards as stated in the Department, preliminary geotechnical report dated 11/29/2013. The updated Code Enforcement report shall be based on the California Building Code 2013 requirements and validate that the project meets the minimum factors of safety against the occurrence of liquefaction. PRIOR TO THE ISSUANCE OFA BUILDING PERMIT 4. A right of way construction permit (RCP) shall be obtained for Public Works improvements along the frontage of Sanderson Avenue. Department Improvements shall conform to the City Standards and as approved Development by the City Engineer. No off -site run -off shall be blocked during and Services after grading operations. 5. The owner /developer shall post a security to guarantee the Public Works construction of all Public Works improvements in an amount Department approved by the City Engineer and in a form approved by the City Development Attorney. Services PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 6. All required site Water Quality Management Plan items shall be Public Works inspected and operational. Department Development Services -6- PC2014 -043 -7- PC2014 -043 RESPONSIBLE NO, CONDITIONS OF APPROVAL DEPARTMENT 7. A traffic management plan shall be submitted to the City Traffic and Public Works Transportation Manager for review and approval. Traffic Engineering 8. All required street improvements shall be constructed and are subject Public Works to review and approval by the Construction Services inspector. Department Development 9. "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 Planning & least 2' x 1' in overall size, with white background and black 2" Research Unit lettering. 10. Complete a Burglary /Robbery Alarm Permit application, Form APD Police Department, 516, and return it to the Police Department prior to initial alarm Planning & activation. This form is available at the Police Department front Research Unit counter, or it can be emailed to applicant by contacting Officer Budds at mbudds @anaheim.net. 11. All entrances to parking areas shall be posted with appropriate signs per police Department, 22658(a) C.V.C., to assist in removal of vehicles at the property Planning & owners /managers request. Research Unit 12. A security plan shall be submitted to and approved by the Anaheim Police Department, Police Department. Planning & Research Unit 13. Rooftop address numbers for the police helicopter shall be painted on police Department, the roof. The addresses shall have a minimum size of 4' in height and Planning & 2' in width. The lines of the numbers are to be a minimum of 6" thick. Research Unit Numbers should be spaced 12" to 18" apart. Numbers should be painted or constructed in a contrasting color to the roofing material. Numbers should face the street to which the structure is addressed. Numbers are not to be visible from ground level. 14. Adequate lighting of parking lots, passageways, recesses, and grounds Police Department, contiguous to buildings shall be provided with lighting of sufficient Planning & wattage to provide adequate illumination to make clearly visible the Research Unit presence of 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. 15. Compliance with AMC 6016, the Anaheim Public Safety Radio System police Department, Coverage Ordinance is required. To request a copy of the ordinance, Planning & contact Officer Budds at (714) 765 -3859 or mbudds @anaheim.net. A Research Unit copy of the ordinance can also be viewed /download online through the City of Anaheim web site under "City Records ": http://www.anaheim.net/ -7- PC2014 -043 - 8 - PC2014 -043 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT PRIOR TO APPROVAL OF PLANS RELATED TO WATER ENGINEERING 16. A private water system with separate water service for fire protection Public Utilities, and domestic water shall be provided. Water Engineering 17. That all backflow equipment shall be located above ground outside Public Utilities, of the street setback area in a manner fully screened from all public Water Engineering streets and alleys. Any backflow assemblies currently installed in a vault will have to be brought up to 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. 18. All requests for new water services, backflow equipment, or fire Public Utilities, lines, as well as any modifications, relocations, or abandonments of Water Engineering existing water services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. 19. All existing water services and fire services shall conform to current Public Utilities, Water Services Standards Specifications. Any water service and /or Water Engineering fire line that does not meet current standards shall be upgraded if continued use is necessary or 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. 20. The Owner shall irrevocably offer to dedicate to the City of Anaheim Public Utilities, (i) an easement for all large domestic above - ground water meters and Water Engineering fire hydrants, including a five (5) -foot wide easement around the fire hydrant and /or water meter pad. (ii) a twenty (20) foot wide easement for all water service mains and 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 & Rs for the project. - 8 - PC2014 -043 -9- PC2014 -043 RESPONSIBLE NO, CONDITIONS OF APPROVAL DEPARTMENT 21. The developer /owner shall submit to the Public Utilities Water Public Utilities, Engineering an estimate of the maximum fire flow rate and maximum Water Engineering day and peak hour water demands for the project. This information will be used to determine the 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 Regulat PRIOR TO APPROVAL OF PERMITS RELATED TO ELECTRICAL ENGINEERING 22. The property owner /developer shall coordinate with Electrical Public Utilities, Engineering to establish electrical service requirements and submit Electrical electric system plans, electrical panel drawings, site plans, elevation Engineering plans, and related technical drawings and specifications. 23. Prior to connection of electrical service, the legal owner shall provide to Public Utilities, the City of Anaheim a Public Utilities easement with dimensions as shol Electrical on the approved utility service plan. Engineering 24. Prior to connection of electrical service, the legal owner shall submit Public Utilities, payment to the City of Anaheim for service connection fees. Electrical Engineering OPERATIONAL CONDITIONS 25. No required parking area shall be fenced -off or otherwise enclosed for Planning outdoor storage uses. Department, Code Enforcement 26. The trash enclosure shall be maintained in a location acceptable to Public Works the Public Works Department, Streets and Sanitation Division, and in Department, Streets accordance with approved plans on file with said Department. and Sanitation 27. The pre - school shall not operate at the same time as the church Planning worship services. Department, Planning Services Division 28. The pre - school shall be limited to a maximum of 100 children. Planning Department, Planning Services Division GENERAL CONDITIONS OFAPPROVAL 29. Conditions of approval related to each of the timing milestones above Planning shall be prominently displayed on plans submitted for permits. For -9- PC2014 -043 - 10 - PC2014 -043 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT example, conditions of approval that are required to be complied with Department, prior to the issuance of building permits shall be provided on plans Planning Services submitted for building plan check. This requirement applies to grading Division permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. 30. The Applicant shall defend, indemnify, and hold harmless the City Planning and its officials, officers, employees and agents (collectively Department, referred to individually and collectively as "Indemnitees ") from any Planning Services and all claims, actions or proceedings brought against Indemnitees Division 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. 31. The applicant is responsible for paying all charges related to the Planning 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. 32. The subject Property shall be developed substantially in accordance Planning 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. Division - 10 - PC2014 -043