Resolution-PC 2011-010RESOLUTION NO. PC2011 -010
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING A MITIGATED NEGATIVE DECLARATION AND
CONDITIONAL USE PERMIT NO. 2010 -05526
(DEV2010- 00151)
(3330 - 3370 EAST MIRALOMA AVENUE)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No. 2010 - 05526, to permit the conversion of an existing 2-
story office building into an approximately 3,000 -seat religious assembly facility (church) with
ancillary uses and an existing 6 -story office building into medical and dental offices, general
offices, college lecture hall, 300 -seat chapel, employee fitness center, accessory retail, and
restaurant uses on a 20.09 -acre site 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 two vacant buildings,
located in the SP94 -1 (Northeast Area Specific Plan) Development Area 2 (Expanded Industrial
Area) and the Anaheim General Plan designates this property for Industrial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on February 28, 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 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 conversion of an existing 2 -story office building into a religious
assembly facility (church) with ancillary uses and conversion of an existing 6 -story office
building into a college lecture hall, 300 -seat chapel, employee fitness center, accessory retail,
and restaurant uses is one for which a conditional use permit is authorized under Code Section
18.120.070.050.
2. The proposed project 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 mitigation
measures have been incorporated into the project to ensure that the use will not adversely affect
any adjoining land uses or the growth and development of the area;
3. The size and shape of the site proposed for the church and associated uses 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 church and associated uses will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the area as
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documented in the Traffic Impact Analysis prepared by Kimley -Horn and Associates. The
Traffic Impact Analysis has included mitigation measures which have been incorporated as
conditions of approval that would reduce impacts related to the increase in traffic to levels that
are less than significant.
5. The parking was analyzed in a submitted Parking Study and it was determined
that there would be adequate parking on -site. In addition, the parking study recommended
mitigation measures which included a parking management plan which has been included as
conditions of approval that would reduce parking impacts to less than significant levels.
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.
NOW, THEREFORE, BE IT RESOLVED, the Anaheim City Planning
Commission has reviewed the proposal and does hereby find that the Mitigated Negative
Declaration and the associated Mitigation Measures included as conditions 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 lead agency and that it has considered
the Mitigated Negative Declaration together with any comments received during the public
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.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for
the reasons hereinabove stated does hereby approves Conditional Use Permit No. 2010 -05526
for a church and associated uses on property located at 3330 - 3370 East Miraloma Avenue.
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 18.60.190 (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.
2 PC2011 -010
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 February 28, 2011. 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 - ent of an appeal.
ILW
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
&
CHAIRMAN, ANA IM CITY PLANNING COMMISSION
SENIOR StCRETARY, ANAHEIM CITY 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 February 28, 2011, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AMENT, FAESSEL, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: KARAKI
ABSENT: COMMISSIONERS: AGARWAL, PERSAUD
IN WITNESS WHEREOF, I have hereunto set my hand this 28 day of February, 2011.
A RY
SENIOR SEC ANAHEIM CITY PLANNING COMMISSION
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APNs:
345 - 081 -23
345 -081 -25
345 -081 -24
EXHIBIT "A"
DEV2010 -00151
o so i
re ?E
- 4 -
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +1- two to five feet.
11070
•
PC2011 -010
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2010-05526
(DEV2010- 00151)
NOTE: Mitigation Measures ( "MM "), are incorporated into these conditions of approval and are
identified by the mitigation measure number below applicable condition numbers.
NO. CONDITIONS OF APPROVAL REVIEW BY
PRIOR TO ISSUANCE OF A BUILDING PERMIT
1 The property owner / developer shall submit plans Planning (verification
(MM 5.3 -1) that note that the construction contractor shall use of note on the plan)
paints that exceed the low -VOC limits, known as
"super- compliant paints" with .a VOC content of
less 87 grams per liter or less.
2 The project applicant shall not remove trees during Planning (verification
(MM 5.4 -2) bird nesting season, roughly defined as mid- of note on the plan)
February to mid - August. If tree removal must
take place during the nesting season, the project
applicant shall retain a qualified biologist. The
qualified biologist shall conduct an intensive nest
search in all trees identified for removal and trees
adjacent to construction zones, no more than 30
days before construction begins. If occupied nests
are found:
• The construction contractor shall mark/fence a
radius of 50 meters around all trees with active
nests. No grading activities or other
disturbances shall take place inside this 50-
meter radius.
• A qualified biologist shall monitor all active
nests until the breeding season is over or any
young occupying the nest have fledged and
become independent.
3 The project applicant shall provide to the City of Traffic and
(MM 5.16.5 -6) Anaheim the necessary cost to extend the Transportation
impacted left turn pockets and /or signal timing and
phasing adjustments to the satisfaction of the
Traffic and Transportation Manager at the
intersections of Kraemer Boulevard and Miraloma
Avenue, Miller Street and Miralorna Avenue, and
Miller Street and La Palma Avenue.
SIGNED
OFF BY
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PRIOR TO
4 The property owner /developer shall indicate on
plans the installation of a separate irrigation meter
for total landscaped areas exceeding 2,500 square
feet.
5 All backflow equipment shall be located above
ground 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.
6 All requests 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.
7 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.
FIRST CERTIFICATE OF OCCUPANCY
8
(M1VI 5.16.5-
3)
9
(MM 5.16.6-
6)
10
(MM 5.16.6-
11)
The project applicant shall participate a fair -share
cost of restriping the SR -91 westbound off -ramp at
Tustin Avenue to provide one shared
left /through /right lane and two exclusive right -turn
lanes. This improvement shall be on a fair -share
basis with Kaiser Hospital Phase 1.
The project applicant shall install signage,
including that designating clear path of travel and
wayfinding signage on the project site. Portable
signs shall be constructed and used at the offsite
parking lot.
The project applicant shall submit a Parking
Management Plan to the Planning Department and
the Traffic and Transportation Manager for review
and approval. The Parking Management Plan
shall include:
a. Parking Lot Plan per section 18.116.140 of the
Anaheim Municipal Code
b. Detailed information on how the parking
program will operate and shall include the
following mandates:
Resource Efficiency,
Planning (for
verification of
inclusion on building
plans)
Water Engineering
Water Engineering
Public Utilities
Electrical
Engineering
Traffic and
Transportation
Code Enforcement
Traffic and
Transportation
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i. Traffic - directing personnel / parking
attendants shall be used to direct inbound
drivers to empty parking lots, empty
parking segments within a lot, and then to
empty parking stalls. A parking attendant
shall be positioned at the entrance
driveway of the lot to be filled next.
Another parking attendant shall be located
in the empty parking segment to direct
drivers to empty spaces. As the lot fills to
capacity, the attendants in the lot shall
communicate to the driveway director to
start to fill the next section.
ii. Traffic - directing personnel shall have;
brightly colored vests so that they are
highly visible for the attendees and for
their safety; walkie - talkies to ensure
efficient communication; and must be
trained for maximum efficiency and safety.
iii. Traffic - directing personnel shall be
provided to assist drivers arriving at and
leaving the church.
iv. Plan for how traffic, parking, and
pedestrian complaints will be addressed.
v. Procedures for a follow -up monitoring
program to determine the effectiveness of
the parking management plan. if the
Anaheim Police Department is required to
provide temporary traffic control services,
the property owner / developer shall
reimburse the City on a fair share basis for
reasonable costs associated with such
service. Peak periods shall be monitored in
order to make changes to the Parking
Management Plan to improve operating
conditions if necessary.
11 All existing water services and fire lines shall Water Engineering
conform to current Water Services Standards
Specifications. Any water service and/or fire line
that does not meet current standards shall be
upgraded if continued use is necessary or
abandoned if the existing service is no Ionger
needed. The owner /developer shall be responsible
for the costs to upgrade or to abandon any water
service or fire line.
12 The applicant shall assume the responsibility for Water Engineering
payment of charges for all services furnished to
combined units through single service pipe in
accordance with Rule 18 of the Water Rates, Rules
and Regulations, or the applicant shall install
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separate service connections to each unit and
provide separate independent piping systems for
each unit. (i.e. the unit's plumbing cannot be
interconnected)
13 The property owner /developer shall provide a Planning
copy of the recorded parking agreement prior to
the issuance of a certificate of occupancy to ensure
the use of the 300 spaces for weekend.
ON -GOING DURING PROJECT OPERATION
14 During each Sunday church service and all large Traffic and
(M1V15.16.6- capacity events, Eastside Christian Church Transportation
10) administrators shall post a parking attendant at the
300 space parking lot east of Miller Street to direct
pedestrians to designated pedestrian crossings.
15 The applicant shall implement the provisions of Traffic and
(MM5.16.- the approved Parking Management Plan. Transportation
10)
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
16 The project applicant shall provide and implement Traffic and
(MM5.16.5 -4) improvements to mitigate the significant impact Transportation
on eastbound Autonetics Way to the satisfaction of
the Traffic and Transportation Manager. The
applicant shall meet with the Traffic and
Transportation Manager to determine these
improvements and shall submit any required
improvement plans prior to the issuance of the
first building permit.
17 The project applicant shall provide and implement Traffic and
(MM5.16.5 -5) the necessary improvements to extend the Tranportation
impacted left turn pockets and/or signal timing and
phasing adjustments to the satisfaction of the
Traffic and Transportation Manager at the
intersections of Kraemer Boulevard and Miraloma
Avenue, Miller Street and Miraloma Avenue, and
Miller Street and La Palma Avenue. The project
applicant shall meet with the Traffic and
Transportation Manager to determine these
improvements and shall submit any required
improvement plans prior to the issuance of the
first building permit.
18 The developer shall submit street improvement Development
(MM5.16.6 -8) plans to improve, including landscape and Services
irrigation for the public right -of way, north side of
Autonetics Wav, west side of Miller Street and
south side of Miraloma Avenue a 4 foot to 5 foot
wide sidewalk to the Public Works
Department/Development Services. A bond shall
be posted in an amount approved by the City
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GENERAL
20
Engineer and a form approved by the City
Attorney prior to issuance of a building permit. A
Right of Way Construction Permit shall be
obtained from the Public Works
Department/Development Services for all work
performed in the right -of -way. The improvements
shall be constructed prior to final building and
zoning inspections.
19 The property owner /developer shall submit a letter
from a landscape architect to the City certifying
that the landscape installation and irrigation
systems have been installed as specified in the
approved landscape and irrigation plans.
This church facility shall not include any child day
care or pre - school activities, except during church
services.
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Planning
Code Enforcement
21 No outdoor uses and /or assembly or outdoor
storage shall occur on the property.
22 No portable signage shall be utilized to advertise
the church.
23 Church services shall be permitted weekdays after
6 p.m. and during any time on weekends.
Incidental church office uses are not subject to this
restriction.
24 Business to be equipped with alarm system (silent
or audible)
25 Provide a comprehensive security alarm system
for the following:
• Perimeter building and access route
protection.
• High valued storage areas.
26 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: l /www.anaheim.netlarticle.asp ?id =678
27 Address numbers shall be positioned so as to be
readily readable from the street. Number should
be illuminated during hours of darkness. Rear
entrance doors shall be numbered in the same
address numbers or suite number of the business.
Minimum height of 4" recommended.
28 Rooftop address numbers shall be provided for the Police
Code Enforcement
Code Enforcement
Code Enforcement
Police
Police
Police
Police
PC2011 -010
police helicopter at a minimum size of 4 ft. in
height and 2 ft. 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.
29 Each different unit within the building shall have
its particular address displayed on its front and
rear door or directly above the front and rear
doors.
30 1. All exterior doors to have adequate security
hardware, e.g. deadbolt locks.
2. Wide -angle peepholes or other viewing device
should be installed in solid doors where natural
surveillance is compromised.
3. 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.
31 Stairwells and elevator lobbies should be of an
open design whenever structurally possible.
Elevator cabs should have convex mirrors
installed to allow visibility of the interior of the
cab from outside the elevator door.
32 No Trespassing 602(k) P.C. shall be 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.
33 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.
34 Classroom doors should be equipped with locks
that can be locked from the inside, allowing
Iockdown of those rooms in the event of criminal
activity in, or around, the building.
35 Placement of physical barriers capable of stopping
or deflecting a moving vehicle (low concrete wall,
concrete planters, steel bollards, etc.) between any
outdoor recreation areas and adjacent parking
spaces is highly recommended.
Police
Police
Police
Police
Police
Police
Police
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36 Any Graffiti painted or marked upon the premises Code Enforcement
or on any adjacent area under the control of the
licensee shall be removed or painted over within
24 hours of being applied.
37 Prior to connection electrical service, the legal Public Utilities
property owner shall provide to the City of Electrical
Anaheim a Public Utilities easement with Engineering
dimensions as shown on the approved utility
service plan.
38 Prior to connection of electrical service, the legal Public Utilities
owner shall submit payment to the City of Electrical
Anaheim for service connection fees. Engineering
39 The subject property shall be developed Planning
substantially in accordance with plans and
specifications submitted to the City of Anaheim by
the petitioner and which plans are on file with the
Planning Department marked Exhibit No. 1 (Site
Plan) Exhibit No. 2 (Parking Diagram), Exhibit
No. 3 (Floor Plan), Exhibit No. 4 (Floor Plan),
Exhibit No. 5 (Elevation Plan), Exhibit No. 6
(Floor Plan), Exhibit No. 7 (Elevation Plan),
Exhibit No. 8 (Aerial), Exhibit No. 9 (Landscape
Plan), Exhibit No.10 (Grading Plan), Exhibit No.
11 (Existing Site Plan), Exhibit No. 12 (Site
Photos) Exhibit No. 13 (Colored Elevations) and
as conditioned herein.
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