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Resolution-PC 2006-44~ , ~ ' RESOLUTION NO: PC2006-44 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THATPETITION FOR CONDITIONAL USE PERMIT N0. 2006-05075 BE GRANTED (412 NORTH CRESCENT WAY) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST,IN THE RANCHO LOS COYOTES, .AS SHOWN - ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS.RECORDS OF ORANGE COUNTY, CAUFORNIA, DESCRIBED AS FOLLOWS: ; BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF THE SAID WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 8 WITH THE SOUTHWESTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD .RIGHT-OF-WAY, 70.00 FEET WIDE; THENCE ALONG THE SAID EASTERLY LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 8, SOUTH 0° 08' 37'` EAST 412.72 FEET; THENCE AT RIGHT ANGLES SOUTH 89° 51' 23" WEST 400.00 FEET; THENCE NORTH 0° 08' 37" WEST 676.28 FEET TO THE SAID SOUTHWESTERLY LINE OF SOUTHERN PACIFIC RAILROAD R1GHT-OF- WAY; THENCE ALONG THE SAID SOUTHWESTERLY LINE SOUTH 56 ° 45' 46" EAST 479.02 FEET TO THE POINT OF BEGINNING. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on My 15, 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 saidproposed 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. That the proposed request to expand an existing church to permit a new 15,502 square foot church and to convert an existing 29,100 square foot building into meeting rooms, youth center and administrative offices is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.10.030.040.0402 with the following waivers: SECTION NO. 18.42.040.010 Minimum number of parkinq spaces 377 required; 339 proposed and recommended by the City's Independent Traffic Consultant) 2. That the parking waiver is hereby approved based upon a parking analysis prepared by the City's Independent Traffic Engineer providing evidence that adequate parking exists on the property for the expanded church facility on the site. 3. That the parking waiver, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for the church and accessory operations than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonable foreseeable conditions of operation of the church and accessory operations because the parking study indicates that the peak parking demand for off-street parking spaces is lower than the quantity provided #or the project site 227 spaces needed and 339 spaces proposed). Cr\PC2006-44 -1- PC2006-44 i: ~ 4. That the parking waiver, under the conditions imposed, if any, will not increase traffic congestion and will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the use because the church expansion will have adequate parking to accommodate the project's peak parking demands. 5: That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because as indicated in the parking study, adequate parking to accommodate the anticipated project peak parking demand will be provided on-site' 6. That the parking waiver, under the conditions imposed if any, wiU 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 is physically separated from adjacent private properties. Furthermore, it has been determined by the parking study that adequate on-site parking spaces arebeing provided. 7, That since the peak operations of the church would occur when other industrial business in the area are typically not operating, the expansion would nof adversely affect adjoining land uses or or the growth and developmenf of the area in which it is proposed to be located. 8. That the proposed church expansion would not impose an undue burden upon the streets and highways designed to carry the traffic in the area as the parking study has demonstrated that the site ' can accommodate the combined uses on-site;' 9. That the size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety as ' demonstrated by compliance with code requirements for the proposed building. 10. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. 11. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received prior to the meeting. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Planning Commission has reviewed the proposal expand an existing church to permit a new 15,502 square foot church and to convert an existing 29,100 square foot building into meeting rooms, youth center and administrative offices with waiver of minimum number of parking spaces; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the 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. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the heath and safety of the Citizens of the City of Anaheim: 1. That this religious institution with a multi-purpose building, school and administration offices shall operate consistent with assumptions contained in the approved parking study. If at any such time the operational characteristics of the church change, a detailed description of #he operational changes shall be submitted for review by the City's Traffic and Parking Consultant to determine if the changes would cause fewer off-street parking spaces to be provided than the number of spaces provided on site. If it is determined the expected demand is greater than the spaces provided on site, an application for modification of the conditional use permit shall be submitted to the Planning Services Division for approval by #he Planning Commission. -2- _ ` PC2006-44 • • 2. That this facility shall not be used as a private daycare, nursery, elementary,' junior andbr senior high school. Said information shali be specifically shown on plans submitted for building permits. 3. That no portable signs shall be utilized to advertise the church. 4. Any additional signs shall be submitted to the Planning Services Division for review and approval. Any decision by staff regarding signs may be appealed to the Planning Commission as a Report and Recommendation' item. 5. That the property shall be permanently maintained in an orderly #ashion through the provisions of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four ' (24) hours from time of occurrence. 6. That by May-15,'2008, the chain link fence along the north property line shall 6e replaced with a masonry walL 7. That prior to the issuance of a grading permit, the applicant shall submit to the Public Works Department, Development Services Division for review and approval a Water Quality Management` Plan that:' : • Addresses Site Design Best Managemenf Practices {BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. ' • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage'Area Management Plan. • Incorporates Treatment Control BMPs as defined in DAMP. • Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. • Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs, and describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. 8. That prior to issuance of a certificate of occupancy, the applicant shalL• • Demonstrate that all structural BMPs described in the Project WQMP have been constructed and . installed in conformance with approved plans and specifications. • Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP. • Demonstrate that an adequate number of copies of the approved Projects WQMP are available . onsite. : • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 9. That prior to demolition of any existing buildings a demolition permit shall be obtained from the Building Division. 10. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval in conformance with the Engineering Standard No. 115 pertaining to sight distance visibility for any sign or wall/fence location. 11. That the locations for future above-ground utility devices including, but not limited to, electrical , transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on -3- PC2006-44 , . plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.). 12. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonmenYs of existing water services and fire lines, shall be coordinated through Water , Engineering Division of the Anaheim Public Utilities Department 13. That since this project has a landscaping area exceeding 2,500 square feet; a separate irrigation meter shall be installed in compliance with Chapter 10:19 ofthe Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. 14. That all existing water services and fire lines shall conform to current Water Service Standards Specifications.' Any water service and/or fire line that does not meefi current standards shall be upgraded for continued use if necessary or abandoned if the existing water service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service of fire line. _ 15. That all backflow equipment shall be located above ground and outside of the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfac4ion 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'and alleys. Said information shall be specifically shown on plans and approved by the Water Engineering Department. 16. That the legalproperty_owner shall irrevocably offer to dedicate to the City of Anaheim (Water Engineering Division) an easement twenty (20) in width for waters service mains and or an easement forJarge meter and other public facilities. 17. That plans shall be submitted to the Planning Services Division for review and approval showing conformance with the current version of Engineering Standard Plan Nos. 436 and 470 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and ; maintained in conformance with said plans. 18. That trash storage areas shall be improved to include the existing gates to be refurbished as deemed acceptable to #he Public Works Department and in accordance with approved plans on file with said Department. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. The level of trash collections service shall also be increased. Said information shall be specifically shown on the plans submitted for building permits. 19. That the legal owner of subject property shall provide the City of Anaheim with a public utilities easement (dimensions will vary with electrical design) along/across high voltage lines, low voltage lines crossing private property and around all pad mounted transformers, switches capacitors, etc. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 20. That at no time shall there be any outdoor storage on the site for the church. 21. That any required relocation of City electrical facilities shall be at the developer's expense. 22. That all air-conditioning facilities and other ground-mounted equipment shall be properly shielded from view and sound buffered from adjacent residential properties. Such information shall be specifically shown on the plans submitted for building permits. 23. That all plumbing or other similar pipes and fixtures located on the exterior of the buildings shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits -4- PC2006-44 . • 24. That four (4) foot high'address numbers shall be displayed on the roof of #he building in contrasting color to the roof material. The numbers shall not be visible to adjacent and nearby streets. or properties. Said information shall be specifically shown on plans submitted to the Police Department, , Community Services Division, for review and approval. 25. That prior to application for water meter, fire line or submitting the water improvement plans for approval, the developer/owner shall submit tothe Public Utilities Water Engineering an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be'sued to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water.system improvements required to servethe project shaU be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations. 26. That an Emergency Listing Card, form ADP-281 shall be completed and submitted in`a completed <form to the Anaheim Police Department. 27. That No Trespassing 602(k) P.C; signs shall be posted at the entrance to the parking lot and located in other appropriate places. , 28. That all entrances to the parking area shall be posted with appropriate signs per 22658(a) C.V.C to assist in removal of vehicles at the property owner's request. 29. That separate services and/or events shall not be held simultaneously within the sanctuary and multi- purpose building resulting in an increase in parking demand. 30. That a plan shall be submitted to the Planning Services providing a mechanism (e.g signage or fencing) to limit vehicular access to church staff only for the parking area located east of the new church building. 31. That the existing chain link fence along the north property line shall be interwoven with PVC slats. Said information shall be specifically shown on plans submitted for building permits. 32. That the subject property shall be developed substantially in accordance with the plans and specifications submitted to the City of Anaheim by the petitionerand which plans are on file with the Planning Department Exhibit Nos. 1 through 10 and as conditioned herein. 33. 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. 2, 10, 11, 13, 15, 16, 17, 18, 22, 23, 24, 25, 30 and 31, 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. 34. 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 No. 7, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170 35. That prior to final building and zoning inspections, Condition Nos. 8, 26, 27, 28 and 32, above-mentioned, shall be complied with. 36. 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. -5- ~ i BE IT FURTHER RESOLVED#hat the Anaheim Planning Commission does hereby find and determine #hat 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 nuU and void. : 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 or prior to the commencement of the activity or issuance of building permits for this project, whichever occurs first. Failure to pay'all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 15, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning , Provis+ons - General" of the Anaheim Municipal Code pertaining to appeal pr dures and may be: replaced by a City Council Resolution in the event of an appeaL , ,s . ~~~ / ~ : t~'~'~~~..~ CH MAN, ANAH IM PLANNING COMMISSION ATTEST: ~~~--~r.~~ ~s-L-- ' SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) 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 May 15, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, KARAKI, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: ROMERO VACANT: COMMISSIONERS: ONE VACANCY IN WITNESS WHEREOF, I have hereunto set my hand this ~~_ day of , 2006. ~ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -6- PC2006-44