Loading...
Resolution-PC 2010-011RESOLUTION NO. PC2010 -011 A RESOLUTION OF THE ANAHEIM CITY PLANNENG COMMISSION APPROVING A CLASS 32 CATEGORICAL EXEMPTION AND CONDITIONAL USE PERMIT NO. 2009-05455 AND VARIANCE NO. 2010 -04807 (DEV2009- 00027) (2510 WEST ORANGE AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2009 05455, to permit a church pursuant to Code Section No. 18.60.180 of the Anaheim Municipal Code for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A attached hereto and incorporated herein by this reference; WHEREAS, this property is currently developed with a pre school facility, located in the Transition (T) Zone and the Anaheim General Plan designates this property for Residential Low Medium land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 1, 2010, at 3:30 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 "Procedures 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 WHEREAS, 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. The proposed church use is properly one for which a conditional use permit is authorized under Code Section No. 18.14.030.040.0402. 2. The proposed church 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 church functions will operate within an expanded existing building and the times and days of church activities are limited; 3. The size and shape of the site proposed for the church is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4. The traffic generated by the proposed church use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That parking for the church is determined to be adequate as the use of the sanctuary and use of the fellowship hall would not occur at the same time. Condition Nos. 25 and 26 of this resolution includes this limitation on the church assembly activities. 1 PC2010 -011 6. 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 and will provide a land use that is compatible with the surrounding area. 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 a variance, does find and determine the following facts: 1. The applicant requests a variance from the following Code Section to provide less parking than required by Code: (a) SECTION NO. 18.42.040.010 (Table 42 -A) Minimum number of narking_ spaces (80 spaces required; 43 spaces proposed) 2. The above mentioned variance, under the conditions imposed, will not cause fewer off street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to the proposal under the normal and reasonably foreseeable operation of the use. The parking justification letter submitted by the applicants indicates that the maximum demand for all combined uses would be 40 spaces for special events including weddings and the 43 spaces proposed are an adequate parking supply to accommodate the church use. 3. The parking variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity because the proposed project will not increase or compete for on- street parking and as indicated in the aforementioned parking justification letter, the proposed parking would be adequate to accommodate both the proposed peak parking demands. 4. The variance will not increase the demand and competition for parking spaces upon adjacent properties in the immediate vicinity of the proposed use since all parking is contained on -site and will not encroach into other surrounding properties. 5. The variance will not increase traffic congestion within the off street parking areas provided for the proposed use as indicated in the parking justification letter because the supply of parking spaces is adequate for the proposed uses and there are two driveways for adequate egress and ingress. 6. The applicant requests a variance from the following Code Sections to provide a smaller front yard landscape setback area and less parking lot landscaping than required by Code: (a) SECTION NO. 18.14.100.010 Minimum front yard setback (15 -foot wide Iandscaped planter required; 10 to 20 foot wide planter proposed adjacent to Orange Avenue) 2 PC2010 -011 (b) SECTION NO. 18.46.060.0102 Minimum Parking Lot Landscaping (deleted) The above mentioned variance is hereby approved because there are special circumstances applicable to the property, including its size, location and due to the retention of the existing building which limits the area available for parking, and required landscaping. Although a 15 foot landscape setback is not provided along the entire property frontage, the 10 to 20 foot wide landscape setback proposed is substantially more than currently exists on the site and is also consistent with the adjoining properties to the west and east which have a landscaped setback of approximately 15 feet. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Class 32 (Infill Development) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated does hereby approves Conditional Use Permit No. 2009 -05435 to permit a church on property located at 2510 West Orange Avenue and Variance No. 2010-04807 to permit fewer parking spaces and a front yard setback that is less than required by code. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60A90 (Amendment to Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 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 March 1, 2010. 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. 3 PC2010 -011 Al LEST: STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM CHAIRMAN, AI\ KHEIM IYY PLANNING COMMISSION SENIOR ShC:RETARY, ANAHEIiITY PLANNING COMMISSION 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 March 1, 2010, by the following vote of the members thereof: AGARWAL, AMENT, BUFFA, FAESSEL, KARAKI AYES: COMMISSIONERS: RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 1 day of March, 2010. SENIOR SE ETARY, ANAHEIM CITY PLANNING COMMISSION 4 PC2010 -011 1 APN: 127 181 -01 127 181 -02 W Hi\LFMODN: DR F. E F.: I W CLEARBROOK LN EXHIBIT "A" DEV2009 -00027 0 1 Ln W ORANGE AVE 151' d N C 151' f \A/ GRIVEY AVE i Source: Recorded Tract Mans and/or City GIS. Please note the accuracy is two to five feet. 10882 1 1 5 PC2010 -011 RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL MONITORING PRIOR TO ISSUANCE OF A BUILDING PERMIT 1 2 3 4 That all backflow equipment shall be located above ground outside of the street setback in a manner fully screened from all public street and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector before submittal for Building Permits. 5 6 EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2009-05455 AND VARIANCE NO. 2010-04807 (DEV2009- 00027) The existing driveway shall be removed and shall be replaced Public Works with standard curb and gutter, sidewalk and landscape. The Development developer shall obtain a right -of -way construction permit from Services the Development Services Division. The improvements shall be constructed prior to final building and zoning inspections. The legal property owner shall submit a lot line adjustment to Public Works merge two existing parcels into one legal parcel. The Lot Line Development Adjustment shall be approved by the City Surveyor and recorded Services in the office of the Orange County Recorder prior to issuance of a building permit. The legal property owner shall submit an application for a Public Works Certificate of Compliance for the 2 existing parcels. The Development Certificate of Compliance shall be approved by the City Surveyor Services and recorded in the Office of the Orange County Recorder prior to approval of the lot line adjustment. A fee of $524.70 is required for the remaining Water Assessment Fees to Water Engineering Division of the Anaheim Public Utilities Department. Rooftop address numbers for the police helicopter shall be shown on plans submitted for building permit. Minimum size 4' in height and 2' in width. The lines of the numbers are to be a minimum of 6" thick. 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 the ground level. Water Engineering Water Engineering Police 6 PC2a10 -01 1 7 8 PRIOR TO CONSTRUCTION The lights from the proposed church will not directly illuminate adjacent residential land uses. The lighting plans shall be included with the plans submitted for building permit. The lighting shall be directed, positioned, and shielded in such a manner that it eliminates direct light spillover onto adjacent properties at the ground level. The light standards shall be a maximum height of 12 feet. Minimum recommended lighting level in all parking lots in 0.5 foot candle maintained, measured at the parking surface, with a maximum to minimum ratio no greater than 15:1. Prior to approval of permits for improvement plans, the property owner /developer shall coordinate with Electrical Engineering to establish electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. 9 Fire lanes shall be posted with "No Parking Any Time." Said information shall be specifically shown on plans submitted for building permits. 10 All request for new water services or fire lines, as well as any modifications, relocations, or abandonments of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 11 This project has a landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 of Anaheim Municipal Code and Ordinance No. 5349 regarding water conservation PRIOR TO FINAL BUILDING AND ZONING INSPECTION 12 Final building and zoning inspection for the addition shall be granted after the construction of City sewer lines in the area is completed GENERAL 13 The church shall be equipped with an alarm system (silent or audible). 14 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: htto:/ /www.anaheim.net/article.aso ?id =678 Police Public Utilities, Electrical Engineering Public Works Traffic/Transportation Services Water Engineering Water Engineering Public Works Development Services Police Department Police Department 7 PC2010 -011 15 Address numbers shall be positioned so as to be readily readable from the street. Numbers should be illuminated during hours of darkness. 16 All exterior doors to have adequate security hardware, e.g. deadbolt locks. 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. 17 Adequate lighting of parking lots, driveways, circulation areas, aisles, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on -site. 18 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 19 No Trespassing 602(k) P.C." posted at the entrances of parking lots /structures and located in other appropriate places. Signs must be at least 2'x1 in overall size, with white background and black 2" lettering. 20 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. 21 File Emergency Listing Card, Form APD -281, with the Police Department, available at the Police Department front counter, or it can be downloaded from the following web site: http: I /www.anaheim.net/article.asn ?id =678. 22 Prior to connection of electrical service, the legal owner shall provide to the City of Anaheim a Public Utilities easement with dimensions as shown on the approved utility service plan. 23 Prior to connection of electrical service, the legal owner shall submit payment to the City of Anaheim for service connection fees. 24 On -going during project operation, no required parking areas shall be fenced or otherwise enclosed for outdoor storage uses. 8 Police Department Police Department Police Department Police Department Police Department Police Department Police Department Public Utilities, Electrical Engineering Public Utilities, Electrical Engineering Public Works Traffic/Transportation Services PC2010 -011 25 Use of the Fellowship Hall and Sanctuary shall not occur at the Planning same time. 26 Church shall use its best judgment to determine the size of Planning events before the event occurs and hold events exceeding the parking capacity of this site at an alternate location. 27 The 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 No. 1 (Site Plan), Exhibit No. 2 (Vicinity Plan), Exhibit No. 3 (Floor Plan) Exhibit No 4 and Exhibit No. 5 (Elevation Plans) Exhibit No. 6 (Landscape Plan) Exhibit No. 7 (Sign Plan) and Exhibit No. 8 (Rendering) and as conditioned herein. Planning 9 PC2010 -011 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765 -5139 Fax: (714) 765 -5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT March 4, 2010 Ashur Elkhoury Corcoran Botich Elkhoury Architecture Planning 20280 Acacia Street, Suite 230 Newport Beach, CA 92660 Re: Conditional Use Permit No, 2009 -05455 and Variance No. 2010 04807 Reclassification No. 2010 (DEV2009- 00027) PC2010 -011 PC2010 -012 Congratulations, your proposed project at 2510 West Orange Avenue was approved by the Planning Commission on March 1, 2010. The following information details the final steps for your project. Appeal Period: There is a 10 -day appeal period before the Planning Commission's approval of your project becomes final. This appeal period allows you, interested parties or Council members to set the item for hearing before the City Council. The appeal period ends on Thursday, March 11, 2010. During this time, you may submit construction plans to begin plan check. If you have concerns over the approval, please contact me and I will go over this option with you. Approval Documentation: The attached resolution will memorialize the approval of the project and identifies the conditions of approval that need to be met before the project begins. It also identifies the responsible department for ensuring the completion and the timing of that condition. Each condition must be addressed before permits can be issued. Preparation of Construction Drawings: For plan check, it would be helpful to insert a sheet in the construction drawings with the resolution for ease of reference. Please review each of the conditions of approval that is required to be completed prior to issuance of building permit. To the extent possible, demonstrate compliance with the condition within the construction drawings. Building Plan Check Process: Once your plan is submitted for plan check, we will ensure that your plans are routed to all appropriate departments. Keep in mind that if you have conditions of approval for other departments, such as Public Works or Utilities, that your plans should demonstrate compliance with those conditions as well. Once the individual departments have completed their review, we will contact you to inform you that corrections are ready to be picked up. This first round of plan check generally takes 5 -20 business days depending on the complexity of the project. Conditional Use Permit No. 2009 05455, Variance No. 2010 -04807 and Reclassification No. 2010 -00235 Page 2 of 2 Some projects may take a few rounds of plan check before the plans are ready for approval. Once you have obtained approval from all required departments, paid all applicable fees and demonstrated compliance with all pertinent conditions of approval, the building permit will be issued. Chanves to the Permit: In the event that you find it necessary to modify the scope of your project or the conditions of approval, such as permitted hours of operation, please contact me for the required procedure. Some changes may require the approval of the Planning Commission. I will continue to be your planner through the completion of your project, please feel free to contact me at (714) 765 -4933 or dherrick @anaheim.net if you have further questions. If the issue requires the direct expertise of other city staff, I will put you in contact with that person. Also enclosed is a process flow chart showing the remaining steps necessary to complete your project. Thank you for choosing Anaheim for your project. Please complete and return the enclosed survey regarding our process. If there is any way we can improve our service, let us know. Sincerely, ella Herrick Associate Planner c: Bishop Mar Aprim Khamis Holy Apostolic Catholic Assyrian Church of the East 18221 North 59 Drive Glendale, AZ 85308