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Resolution-PC 2016-014RESOLUTION NO. PC2016-014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05838 AND VARIANCE NO. 2015-05052 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00112) (2444-2448 WEST ORANGE AVENUE) WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2015-05830 and Variance No. 2015-05052 to permit the expansion of an existing Community & Religious Assembly use onto an adjoining property, defined below as the "proposed parcel" to include the following land use entitlements: (i) a conditional use permit to permit classrooms for the study of yoga, meditation, dance, music, and sacramental rites within two existing buildings; and (ii) a variance to permit less parking spaces than required by the Zoning Code (herein referred to collectively as the "Proposed Project") on that certain real property located at 2444-2448 West Orange Avenue in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 1.4 acres in size, consisting of two parcels: the existing 0.7 -acre parcel, developed with the religious institution, is located at 2446-2448 West Orange Avenue ("existing parcel"), and the expanded classroom use would be located on the adjoining 0.7 -acre parcel at 2444 West Orange Avenue ("proposed parcel"). The proposed parcel is currently developed with structures that have historically been used, and are entitled for, single-family residential and private school uses. The Property is located in the "T" Transition Zone and is subject to the zoning and development standards described in Chapter 18.14 (Public and Special -Purpose Zones) of the Code. The Land Use Element of the Anaheim General Plan designates the Property for "R -L" Residential -Low land uses; and WHEREAS, notice of a public hearing to be held by the Planning Commission at the Civic Center in the City of Anaheim on January 11, 2016 at 5:00 p.m., was 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. 2015-05831 and Variance No. 2015-05052, and to investigate and make findings and recommendations in connection therewith. The public hearing was continued by the Planning Commission to February 8, 2016 at 5:00 p.m.; 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 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 repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 1 - PC2016-014 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 pertaining to the request for Conditional Use Permit No. 2015-05830, does find and determine the following facts: 1. The proposed request to expand use of an existing Community & Religious Assembly use at the Property is within that class of primary uses, i.e., Community & Religious Assembly, which is subject to a conditional use permit authorized under Table 14-A of Section 18.14.030 (Uses) of Chapter 18.14 (Public and Special -Purpose Zones) of the Code. 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 Community & Religious Assembly will continue to operate in a consistent manner which is not detrimental to 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 adhere to all required land use standards. 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 Community & Religious Assembly activity is limited during normal business hours and the majority of the Community & Religious Assembly operations will be during offsetting hours from the residential uses in the vicinity. 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 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 number of off-street parking spaces required under the Code for the expanded Community & Religious Assembly use, when added to the total number of such parking spaces required by the Code and the total number of such spaces that exist at the Property, represents a small or de minimis increase. Nevertheless, because the number of parking spaces required by the Code for all uses, including the Proposed Project, is less than the actual number of parking spaces that exist, a variance must be approved for the Property; and WHEREAS, based upon the request letter submitted by the applicant and observations made by staff, the Planning Commission does further find and determine that the request for Variance No. 2015-05052 for less parking than required by the Code should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (100 spaces required; 52 spaces proposed) - 2 - PC2016-014 1. The variance for the Property, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the Property, including the proposed expansion of the Community & Religious Assembly uses, than the number of such spaces necessary to accommodate all vehicles attributable to all uses at the Property under the normal and reasonably foreseeable conditions of operation of such uses; 2. The variance for the Property, under the conditions imposed, 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 all combined uses on the site; 3. The variance for the Property, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the Property because the on-site parking for the expanded Community & Religious Assembly uses, will adequately accommodate peak parking demands of all uses on the site; 4. The variance for the Property, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the Property because the Property provides adequate ingress and egress points, which are designed to allow for adequate on-site circulation; and 5. The variance for the Property, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the Property because the Property 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 Property. 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 detract from 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 RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2015-05838 and Variance No. 2015-05052, 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 the Property under Conditional Use Permit No. 2015-05838 and Variance No. 2015-05052 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. - 3 - PC2016-014 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 8, 2016. 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. CHAIR, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2016-014 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 8, 2016, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, HENNINGER, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: DALATI IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of February, 2016. Y'.." '-?;�� - SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2016-014 EXHIBIT "A" DEV NO. 2015-00112 W Q W ORANGE AVE o so ioo Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/- two to five feet. - 6 - PC2016-014 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2015-05838 AND VARIANCE NO. 2015-05052 (DEV2015-00112) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OFA BUILDING PERMIT 1 All requests for new water services, backflow equipment, or fire Public Utilities lines, as well as any modifications, relocations, or abandonments Department, of existing water services, backflow equipment, and fire lines, Water Engineering shall be coordinated and permitted through Water Engineering Division Division of the Anaheim Public Utilities Department. 2 A Landscape Documentation Package and a Certification of Public Utilities Completion are required and a separate irrigation meter shall be Department, installed in compliance with Chapter 10.19 of Anaheim Water Engineering Municipal Code and Ordinance No. 6160 relating to landscape Division water efficiency. 3 Building plans shall show conformance with the current version of Public Works Engineering Standard Details 402, 436, 470, and 471 pertaining to Department, parking standards. Subject property shall thereupon be developed Traffic Engineering and maintained in conformance with said plans. Division 4 A plan sheet for solid waste storage and collection and a plan for Public Works recycling shall be submitted to the Public Works Department, Department, Streets and Sanitation Division for review and approval. Streets and Sanitation Division 5 Trash storage areas shall be provided and maintained in a location Public Works acceptable to the Public Works Department, Streets and Sanitation Department, Division and in accordance with approved plans on file with said Streets and Sanitation Department. Said storage areas shall be designed, located and Division screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum 1 -gallon size clinging vines planted on maximum 3 -foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 6 The applicant/property owner of the subject property shall enter Planning Department, into a Declaration of Covenants, Conditions and Restrictions, in a Planning Services form satisfactory to the City Attorney, which shall be recorded in Division the Official Records of the County of Orange, to provide reciprocal vehicular access and parking agreements for both parcels. - 7 - PC2016-014 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 7 Prior to final building and zoning inspections, fire lanes shall be Public Works posted with "No Parking Any Time." Said information shall be Department, specifically shown on plans submitted for building permits. Traffic Engineering Division 8 The building shall be equipped with an alarm system (silent or Police Department audible). 9 Address numbers shall be positioned so as to be readily readable Police Department from the street. Numbers should be visible during hours of darkness. 10 Complete a Burglary/Robbery Alarm Permit application, Form Police Department 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 11 All exterior doors to have adequate security hardware, e.g. Police Department deadbolt locks. 12 Rooftop address numbers shall be provided for the police Police Department helicopter. Numbers shall be a minimum size of 4 ft. by 2 ft. The lines of the numbers are to be a minimum of 6 inches thick. Numbers should be spaced 12 to 18 inches 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. Rooftop numbers are not to be visible from ground level. OPERATIONAL CONDITIONS 13 No required parking area shall be fenced -off or otherwise enclosed Planning Department, for outdoor storage uses. Code Enforcement Division 14 Adequate lighting of parking lots, driveway, circulation areas, Police Department 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. - 8 - PC2016-014 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 15 The applicant shall be responsible for maintaining the area Planning Department, adjacent to the premises over which they have control, in an Code Enforcement orderly fashion through the provision of regular maintenance and Division removal of trash or debris. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 16 The classrooms on the Proposed Parcel shall be available for Planning Department, existing temple members only, and shall not be open to the general Planning Services public. Division 17 Signs encouraging members to park on-site shall be posted in high Planning Department, traffic, publicly accessible areas. Planning Services Division 18 The Community and Religious Assembly use shall be operated in Planning Department, accordance with the Request Letter and Operations Letter Planning Services submitted as part of this application. Any changes to the temple Division and classroom operations as described in these documents shall be subject to review and approval by the Planning Director to determine substantial conformance with these letters and to ensure compatibility with the surrounding uses. GENERAL CONDITIONS 19 Conditions of approval related to each of the timing milestones Planning Department, above shall be prominently displayed on plans submitted for Planning Services permits. For example, conditions of approval that are required to be Division complied with prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to building permits, grading permits, street improvement plans, water and electrical plans, landscape irrigation plans, and fire and life safety plans, etc. 20 The Applicant is responsible for paying all charges related to the Planning Department, processing of this discretionary case application within 30 days of Planning Services the issuance of the final invoice or prior to the issuance of building 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. 21 The Applicant shall defend, indemnify, and hold harmless the City Planning Department, and its officials, officers, employees and agents (collectively Planning Services referred to individually and collectively as "Indemnitees") from 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 - 9 - PC2016-014 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 22 The property shall be developed substantially in accordance with Planning Department, plans and specifications submitted to the City of Anaheim by the Planning Services applicant and which plans are on file with the Planning Division Department and as conditioned herein. -10- PC2016-014