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Resolution-PC 2008-16• RESOLUTION NO. PC2008-16 • A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT N0.2007-05279 (1900-1990 CRESCENT AVENUE) 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: PARCEL A: PARCEL 1 OF PARCEL MAP NO 83-258, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, A5 PER MAP RECORDED IN BOOK 188, PAGES 23 AND 24 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL B: ANON-EXCLUSIVE EASEMENT FOR SEWERS, STORM DRAINS, TRAFFIC CIRCULATION, GARBAGE PICKUP, AND VEHICULAR AND PESESTRAN ACCESS, INGRESS AND EGRESS AS SET OUT IN THE CERTAIN DECLARATION COVENANTS, CONDITIONS AND RESTRICATIONS FOR CRESCENT CORPORATE CENTER NORTH, RECORDED DECEMBER 17, 2003 AS INSTRUMENT NO. 03-01493592, OF OFFICIAL RECORDS. PARCEL C: PARCEL 2 TOGETHER WITH THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 83-258, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 188, PAGES 23 AND 24 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF PARCEL 4 OF SAID PARCEL MAP NO. 83-258, SAID POINT BEING ON THE EASTERLY LINE OF SAID PARCEL 3; THENCE ALONG SAID EASETERLY LINE OF PACEL 3, NORTH 00° 23' 13" EAST, 46.00 FEET TO THE INTERSECTION OF A LINE PARALLEL WITH AND 32.57 FEET SOUTHERLY OF THE NORTHERLY LINE OF SAID PARCEL 3, SAID INTERSECTION BEING THE POINT OF BEGINNING. THENCE TRAVERSING THE INTERIOR OF SAID PARCEL 3 THE FOLLOWING THREE (3) COURSES: _ 1 _ PC2008-16 • i 1) ALONG SAID PARALLEL LINE, NORTH 89° 43' 22" WEST, 33.43 FEET; 2) SOUTH 00° 16' 38" WEST, 18.53 FEET TO A LINE PARALLEL WITH AND 51.10 FEET SOUTHERLY OF SAID NORTHERLY LINE OF PARCEL 3; 3) ALONG LAST SAID PARALLEL LINE, NORHT 89° 43' 22" WEST, 284.42 FEET TO THE WESTERLY LINE OF SAID PARCEL 3; THENCE ALONG THE WESTERLY, NORTHERLY AND EASTERLY LINES OF SAID PARCEL 3 THE FOLLOWING THREE (3) COURSES: 1) NORTH 00° 00' 43" EAST, 51.00 FEET; 2) SOUTH 89° 43' 22" EAST, 318.15 FEET AND 3) SOUTH 00° 23' 13" WEST, 32.57 FEET TO THE POINT OF BEGINNING SAID LAND IS SHOWN ON LOT 1 ON THAT CERTAIN LOT LINE ADJUSTMENT NO. 577 RECORDED JULY 29, 2005 AS INSTURMENT NO. 2005000591828, OFFICIAL RECORDS. PARCEL D: CERTAIN NON-EXCLUSIVE EASEMENTS AS SET OUT IN THAT CERTAIN AMENDED AND RESTATE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CRESCENT CORPORATE CENTER NORTH, RECORDED DECEMBER 17, 2003 AS INSTRUMENT NO. 2003001493592, OF OFFICIAL RECORDS. PARCEL E: ANON-EXCLUSNE EASEMENT AND RIGHT OF ACCESS OVER, ALONG AND ACROSS THE EASEMENT AREA LOCATED UPON PARCEL 4 OF PARCEL MAP NO. 83-258, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 188, PAGES 23 AND 24 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS SET FORTH THEREIN TO ACCESS THE ELECTRICAL CLOSET AS MORE PARTICULARY DESCRIBED 1N THE EASEMENT AGREEMENT RECORDED JULY 6, 2004 AS INSTRUMENT NO. 2004000610802 OF OFFICIAL RECORDS AND AS FURTHER CONVEYED IN A DEED RECORDED AUGUST 6, 2004 AS INSTRUMENT N0.2004000716384, OF OFFICIAL RECORDS. WHEREAS, Conditional Use Permit No. 2007-05279 is proposed to permit school and daycare uses associated with a church with waiver of the following: (a) SECTION NO. 18.42.040.010 Minimum number of parking spaces (483 required; 314 proposed) - 2 - PC2008-16 • WHEREAS, this property is developed with six commercial/industrial buildings located in the Industrial zone; that the Anaheim General Plan designates the 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 January 23, 2008, at 2:30 p.m., notice of said public hearing having been duly given as required bylaw 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 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 permit school and daycare uses associated with a church with fewer parking spaces than are required by Code is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section Nos. 18.10.030.040.0402 (Community and Religious Assembly). 2. That the school and daycare uses will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located. 3. 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. 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; and 5. That 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. 6. That waiver (a) is hereby approved based upon an a parking demand study prepared by Rafiq and Associates, dated October, 2007, providing evidence that adequate parking exists on the property for the school and daycare uses. 7. That the parking waiver, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for the school and daycare uses than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonable foreseeable conditions of operation because the parking study indicates that the ancillary church uses will be able to provide adequate parking onsite for its uses as a daycare on weekdays, as a religious education center on Sundays and as an adult religious education facility on weeknights. - 3 - PC2008-16 • 8. That the parking waiver, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the use because the church will provide adequate parking and the administrator of the church will allocate onsite spaces. 9. 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 parking demand will be provided on-site. 10. That the parking waiver, under the conditions imposed if any, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use because the site provides three separate accesses to the allow adequate site circulation for drop-off and pick- up of students. 11. That the parking waiver, under the conditions imposed if any, will 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 has three access points, such that vehicles will not block adjacent properties. Furthermore, it has been determined by the parking study that adequate on-site parking spaces are being provided. 12. That 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 Planning Commission has reviewed the proposal; 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, with the waiver of the aforesaid provisions of the Anaheim Municipal Code, 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 health and safety of the Citizens of the City of Anaheim: _ 4 _ PC2008-16 • • Responsible COA Conditions of Approval for Monitorin TIMING: PRIO R TO ISSUANCE OF BUILDING PERMIT COA1 The applicant shall submit to the Public Works Department Public Works, Development Services Division for review and approval a final Development Water Quality Management Plan. Services COA2 Plans shall be submitted to the City Traffic and Transportation Public Works, Manager for his review and approval showing circulation Traffic patterns for Day Care traffic. Subject property shall thereupon Engineering be developed and maintained in conformance with said plans. COA3 Complete aBurglary/Robbery Alarm Permit application, Form Police APD 516, and return it to the Police Department prior to initial alarm activation. COA4 Rooftop address numbers for the police helicopter shall be added Planning to the roof. 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 shall not to be visible from ground level. COAS Exterior roof access ladder should be relocated within the Planning building's main resident tenant space. COA6 "No Trespassing 602(k) P.C." posted at the entrances of parking Planning lots/structures and located in other appropriate places. Signs must be at least 2' x 1' in overall size, with white background and black 2" lettering. COAT All entrances to parking areas shall be posted with appropriate Planning signs per 22658(a) C.V.C., to assist in removal of vehicles at the property owners/managers request. COA8 File Emergency Listing Card, Form APD-281, with the Police Police Department, available at the Police Department front counter. TIMING: PRIOR TO ISSUANCE OF GRADING PERMIT COA9 The applicant shall submit to the Public Works Department Public Works Development Services Division for review and approval a final Water Quality Management Plan. _ 5 _ PC2008-16 • Responsible COA Conditions of Approval for Monitorin TIMING: ONGOING DURING OPERATION COA10 No parking area shall be fenced off or otherwise enclosed for Public Works, outdoor storage uses. Traffic Engineering COA11 Based upon the submitted parking study, plans, and letter of Planning operation, the activities and parking shall be limited to the following: 1. Daycare Monday-Friday from 6 a.m. to 6 p.m. with a maximum of 100 children; 2. Adult Bible Classes Monday-Friday from 6 p.m. to 10 p.m. with a maximum of 7,656 square feet in the portion of Building F designated on the Floor Plans; 3. Teacher Preparation (teachers only) Saturday from 7 a.m. to 5:30 p.m. with a maximum of 200 teachers; 4. Sunday School (all groups) Sunday from 7 a.m. to 9 p.m. with a maximum of 200 teachers. Parking Permits shall be required with spaces allocated on-site for all teachers with remaining spaces available by permit for driving students. The church must provide [bus] transportation for the remaining students. 5. The church administrator will allocate parking spaces and regularly advise parishioners and students of parking regulations to ensure that the uses will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the use. TIMING: PRIO R TO FINAL B UILDING AND ZONING INSPECTION COA12 Fire lanes shall be posted with "No Parking Any Time." Said Public information shall be specifically shown on plans submitted for Works, building permits. Traffic Engineering COA13 That the property shall be permanently maintained in an orderly Planning fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from the time of discovery. _ 6 _ PC2008-16 • • Responsible COA Conditions of Approval for Monitorin TIMING: GENERAL CONDITIONS COA14 That the property shall be permanently maintained in an orderly Planning fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from the time of discovery. COA15 That subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the City of Anaheim by project applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 21 of Conditional Use Permit No. 2007-05279, and as conditioned herein. COA16 That timing for compliance with conditions of approval maybe Planning 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(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. COA17 That extensions for further time to complete conditions of Planning approval maybe granted in accordance with Section 18.60.170 of the Anaheim Municipal. COA18 That approval of this application constitutes approval of the Planning 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. _ 7 _ PC2008-16 BE IT FURTHER RESOLVED that the Anaheim 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 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 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 January 23, 2008. 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. CHAII~MAN~ANAHEIM I'i~,4~NNING COMMISSION ATTEST: u;. c,..- ~-~ SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 January 23, 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, KARAKI, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSTAINED: COMMISSIONERS: EASTMAN, FAESSEL ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 20t" day of February, 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - g - PC2008-16