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Resolution-PC 2006-84• • RESOLUTION NO. PC2006-84 A R~SOLUTION OF THEiANAHEIM PLANNING COMMISSION TMAT PETITION FOR CONDITIONAL USEPERMIT NO. 2006-05121 BE GRANTED ' (2411-2461 WEST LA PALMA AVENUE AND 1212 NORTH MUBBELL WAY) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in tlie City of Anaheim, County of Orange, State of California, : described as PARCEL A: '- TFtAT PORTION OF PARCEL 3,1N YHE CITY OF ANAHEfM, COUNTY OF ' ORANGE, STATE OF CALIFORNIA, AS SHOWN ONA MAP FILED IN BOOK 126, PAGES 31, 32 AND 33 pF PARCEL MAPS, 1N THE OFFICE OF THE COUNTY RECOR4ER OF SAID'COUNTY, LYING WITHW FARCEL 1, AS SHOWN ON A PLAT MAP ATTACHED TO A"LOT L1NE ADJUSTMENT' INSTRUMENT RECORDED FEBRIJARY 8, 1979 IN BOOK ' 13026, PAGE 1491, OFFICIAL RECORDS. PARCEL B: BEGINNING ON THE WESTERLY LINE OF SAID SECTION 6, DISTANT THEREON SOUTM 0° 39' 00" EAST, 323.35 FEET FROM THE INTERSEC710N OF SAID WESTERLY LINE WITH WESTERLY PROLONGATION OF THE SOUTHERLY LINE QF PARCEL 1, AS SMOWN ON A MAP FILED JN BOOK 40, PAGE 16 OF PARCEL MAPS, RECQRpS OF SAID COUNTY; THENCE NORTH 89° 19' 41" EAST, 374.00 FEE7 T0 THE EASTERLY TERMINUS OF THIS EASEMENT; THE SIDELINES OF SAID EASEMENT ARE TO BE LENGTHENED OR SHORTENED TO TERMINATE lN THE EASTERLY LINE OF MAGNOLIA AVENUE, 106.00 FEET WIDE. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 2, 2006, at 2:30 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 conditional use permit and to investigate and make findings and recommendations: in connection therewith; and WMEREAS, said 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. That'the proposed request to permit and retain a teleconferencing center and private _ conference/training center is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.10.030.040.0402 (Community and Religious Assembly and Educational Institutions). 2. 7hat the proposed use will not adversely affect the adjoining land uses or the growth and _ development of the area in which it is proposed to be located because an updated'traffic management plan was submitted aspart of this request (September 15, 2006). Traffic Engineering Division staff has verified that this traffic management plan is adequate to address traffic issues associated with the current proposaL The plan includes the operational provisions which, where determined to be appropriate by the Anaheim Police Department Traffic Bureau and Traffic Engineering bivision. 3. That the size and shape of the site for the use is adequate to allow #he full development of the proposed use in a manner not detrimental to the particular area or to the health and safety, as the site p{an indicates adequate parking spaces are provided on-site. A study was conducted by Katz, Okitsu and Associates on November 22, 2002, and updated on September 13, 2006, to reflect the latest proposed uses and revised parking layout for the site and finds that the existing uses cambined with the proposed teleconferencing center would not create any additionat demand beyond the proposed number of spaces. Cr\PC2006-84 -1- PC2006-84 • • ' 4. That 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. ; 5. That 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. 6.' Thaf no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: ' That the Anaheim P{anning Commission has reviewed the proposal; and does hereby find that the Mitigated Negative Declaration previously-approved in connection with Conditional Use Permit Na 2003-04710 (now expired) is adequate to serve as the required environmental documentation in connection with this request, upon finding that the declaration reflects the independent judgment of the ]ead agency and that it has consideretl the previously- approved Mitigated Negative Declaration together with any comments received during thepublic review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE; BE IT RESOLVED thatthe Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby fiound to be a necessary prerequisite to the proposed use of the subject property in order to preserve the ' health and safety of the Citizens of the City of Anaheim: 1. That no church activities shall be permitted unless a separate conditional use permit is approved by the City. 2. That this facility shall be used for teleconferencing, conferences and training activities only. 3. That no outdoor activities involving gathering of persons shalf be permitted on-site. 4. That this facility shall be limited to the following operational characteristics: • The public teleconferencing shall be limited to a maximum of one thousand nine hundred (1,900) persons to ensure adequate parking for all businesses on-site. The hours of operation shall be limited to 8:00 a.m. to 10:00 p.m., Monday through Sunday. • The private conferencing/training center shall be limited to a maximum of five thousand (5,000) persons. The facility shall be utilized for this purpose a maximum of 21 days per year, including two (2) six-day conferences during winter and summer vacations. The hours of operation shall be limited to 2:00 p.m. to 10:00 p.m., Monday through Saturday, for the two (2) bi-annual ; conferences; and 2:00 p.m. to 10:00 p.m., Saturday and Sunday (and holidays), for the remaining conference/training dates. • That the Living Stream Ministry and Sa Rang Presbyterian Church should coordinate their events to avoid tra~c impacts due to participants from both events arriving and leaving at the same time. Additionally, no parking spaces at the Anaheim Palms Corporate Center (APCC) site shall be utilized as overflow parking by Sa Rang Presbyterian Church without prior approval by the Traffic and Transportation Manager. 5. That a final traffic management plan (TMP) shall be submitted to the City Traffic and Transportation Manager for review and approval. Said plan shall incfude measures to efficiently and safely move ingress/egress traffic during events as identified in the draft TMP dated September 15, 2006. The TMP may be amended subject to review and approval of the Traffic and Transportation Manager, as appropriate, in order to improve the efficiency of said plan. Said plan may include the following components at the discretion of the Traffic and Transportation Manager: -2- PC2006-84 ~ • - • That Special Events shall require registration, including information on the location where the participanf will be staying. •'fhat busing shall be provided to and from the facility to the designated conference hotels. . That'the event administrators shaU require participants to use accommodations at designated conference hotels in:order to cluster the individuals and thus facilitate transit to and from the teleconferencing center by bus, hotel shuttle, or taxi. • fihat participants shall be informed of the parking available at the facility and every effort shall be ' made to encourage individuals to use #he buses. • Participants shall be infiormed that on-street parking at the'event should be avoided as'a courtesy to local residents and businesses. . That Living Stream Ministry personnel shall assess the parking during events to determine if parking demand is exceeding the supply and impacting local on-street parking. Permit parking measures to encourage carpooling will be utilized through issuance of a limited number of parking permits and forcing those without a permit to utilize bus transportation. • That Living Stream Ministry personnel shall direct and control arriving and departing traffic to ensure smooth flow in APCC parking lot and streets immediately adjacent APCC property. • That the Living Stream Ministry and Sa Rang Presbyterian Church should coordinate their events to avoid traffic impacts due to participants from both events arriving and leaving at the same time. • That the developer shall comply with Ordinance No. 5209 and Resolution No. 91 R-89 relating to the Transportation Demand Management (TDM) by providing on-site taxi and shuttle bus loading zones, and byjoining and financially participating in the ATN and Clean Fuel Shuttle Program and by installing bicycle racks. Said information shall be specifically shown on plans submitted for Traffic Engineering Division approvaL • That Police Department and/or Traffic Management personnel will ensure the orderly and timely ingress/egress of tra~c on La Palma Avenue at staffing levels recommended by the Anaheim Police Department Traffic Bureau. • That prior to private events, the applicant shall notify the Anaheim Police Department, Traffic ' Bureau, and provide a detailed schedule of the event and traffic management plan. Any costs associated with the need for additional traffic control personnel as determined by the Anaheim Police Department shall be paid by the applicant • That bus arrivals and departures shall occur on Woodland Drive. • That the movement of vehicles into and out of APCC for private teleconference events will be facilitated by the coordinated use of interior traffic flow and parking assistants. • That cars entering the site will be directed to interior areas of the site through the use of traffic flow assistants and traffic cones to reduce backups and delay on public streets: • That parking assistants will systematically fill parking areas." 6. That trash storage areas shafl be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and 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. ' -3- PC2006-84 • • 7.: That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval. 8. That an on-site trash truck turn around area shall be provided per Engineering Standard qetail No. 610 and as required by the Streets and Sanitation Division. Said information shall be specifically : shown on plans submitted for building permits. ' 9. That due to the change in use and/or occupancy of the building, plans shall be submitted to the Building division showing compliance with the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of ' Anaheim. 10. That prior to issuance of a grading permit, the applicant shaU submit a Water Quality Management Plan for the review and approval of the Public Works Department, Devetopment Services Division: 11. That prior to issuance of a grading permit, the applicant shall demonstrate to the satisfaction of the Public Works Department, Development Services Division, that coverage has been obtained under California's General Permit for Stormwater Discharges Associated with Construction Activity by providing a copy of the Notice of lntent'(NOI) submitted to the State Water Resources Control Board and a capy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number. TMe applicant shall prepare and implement a Stormwater Pollution Prevention Plan `{SWPPP). A copy of the current SWPPP shall be kept at the project site and be available for City : review on request. 12. That any required relocation of City'electrical facilities will be at the property owner's expense. Landscape and/or hardscape screening of all padmounted equipment will be required and shall be outside the easement area of the equipment: Said information shall be specifically shown on plans submitted for building permits. ~ 13. That the property owner shall provide the City of Anaheim with a public utilities easement for primary lines and transformer location to be determined as electrical design is completed. 14. That this project has landscaping area exceeding 2,50Q square feet, a separate irrigation meter shall be installed and comply with Ordinance No. 5349 and Chapter 10.19 of the Anaheim Municipal Code: Said information shall be specificaHy shown onplans submitted for building permits. 15. That prior to application for water meters, fire line or submittal of waterimprovement plans for - approval, the applicant shall submit to the Public Utilities Department Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. 16. That the water backflow equipment shall be above ground, outside of the street setback area in a manner ful{y 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 of the street setback area in a manner fully screened from all public streets. Said information shall be specifically shown on plans and approved by Water ~ngineering and Cross Connection Inspector before issuance of building permits. 17. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof maferiaL The numbers shall not be visible firom the view of the street or adjacent properties. Said information shall be specifically shown on plans submitted for building permits. 18. That the parking lot serving the premises shall be equipped with decorative lighting of sufficient - power to illuminate and make easily discernable the appearance and conduct of ail persons on or abouf the parking lot. Said lighting shall be dire~ted, positioned and shielded in such a manner so as -4- : PC2006-84. • ~ not to unreasonably illuminate the window areas'of nearby residences. Photometric plans shall be submitted to the Anaheim Policebepartmentfor review. and approval prior to issuance of building : permits. 19. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or, debris, and removal of graffiti within twenty-four (24) hours from time of discovery. 20. That final landscape plans shall be submitted to the Planning Services Division for review and .. approval and shall reflect the following items. Any decision by the Planning Services Division may be appealed to thePlanning Commission as a'Reports and Recommendations" item. • Retention of all mature landscaping features that are not impacted by construction of the new buildings. : • The'extension of the row of Mexican Fan Palm trees and planter along the north property line adjacent to the freeway. All trees shall be similar in height;to the existing palms along this property line. , • The installation of permanent irrigation within the grass area along the northern portion of the site. ~ •`An enhanced pedestrian area along the eastern portion of the building (entry colonnade). . All trees shall be minimum 24-inch box in size. Said information Shall be'shown'on plans submitted for building permits. ' • Incorporate additional landscaping along the north elevation in order to provide additional enhancements. 21. 7hat final elevation and sign plans shall be submitted to the Planning Services Division of.the Planning Department for review and approval. Any decision by,the Planning Services Division may be appealed to the Planning Commission as a`Reports and Recommendations' i4em. 22. That the developer shall be responsible for compliance with all mitigation measures within the assigned time frames and any direct costs associated with the attached Mitigation Monitoring Program No. 139 as established by the City of Anaheim and as required by:Section 21081.6 of the Public Resources Code to ensure implementation of those identified mitigation measures. 23. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 6, and as conditioned herein. 24. That prior to issuance of a building permit, or within a period of one (1) year from'the date of this resolution, whichever occurs first, Condition Nos. 6, 7, 8, 9, 12, 14, 16, 17, 18, 20 and 21, ' above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 25. That prior to issuance of a grading permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 10 and 11, above-mentioned, shafl be complied with. Extensions for further time to complete said condi#ions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 26. That prior to final building and zoning inspections, Condition No. 23, above-mentioned, shall be complied with. 27. 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. Approvat does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation "orrequirement. . -5- PC2006-84 • ! 28. That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equiva{ent timing is established that satisfies the original intent and purpose of the condition(s), (ii) #he modification complies with the Anaheim Municipal . Code and.(iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. " BE 1T FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressfy predicated upon applicant's compliance with each and' all of the conditions hereinabove set forth. Should any such condition, or any part #hereof, 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 applicant is responsibte for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance ofbuilding permits for this project, whichever occurs first. Failure to pay all charges shal! result in delays in the +ssuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 2, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeaL ,-` , _.__.. CHAIRMAN, ANA EIM ANNING COMMISSION ATTEST: _ ~i~2-~~ti~ /Y ~~~9~/1.~= SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORN{A ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on October 2, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: EASTMAN, FAESSEL, FLORES, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BUFFA, KARAKI J IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of G b ~ 2006. ~it // -t3 2~'"3-- ~~ /~`/~ _ ~ " NCJ . . .. ~ . . SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION ` -6- PC2006-84