Loading...
Resolution-PC 2009-121RESOLUTION NO. PC2009 -121 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DE l"ERMINING THAT A PREVIOUSLY- APPROVED MITGITATED NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2009-05121 (TRACKING NO. CUP2009-05121A) AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2006 -84 (DEV2009- 00068) (2411 2461 WEST LA PALMA AVENUE AND 1212 NORTH HUBBELL WAY) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition to amend Conditional Use Permit No. 2009 -05121 for an adult/career training center and to convert an existing warehouse building to a two story office in conjunction with a previously approved teleconferencing center 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; and WHEREAS, this property is developed with a total of eight buildings and includes an adult/career training center in conjunction with a teleconferencing center. The property is located in the Industrial (I) zone and 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 December 7, 2009, 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 WHEREAS, said 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 conditional use permit, does find and determine the following facts: 1. The request to amend a conditional use permit to convert an existing warehouse building to a two -story office building for an adult/career training center in conjunction with a teleconferencing center is properly one for which a conditional use permit is authorized under Code Section Nos. 18.10.030.040.0402 (Community and Religious Assembly/Educational Institutions) of the Anaheim Municipal Code. 2. The proposed amendment to the conditional use permit to convert an existing warehouse building to a two -story office building, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the building is surrounded by and integrated with similar buildings and 1 PC2009 -121 uses; the office use is ancillary to the teleconference center; and the proposed office building is located on the interior of the parcel with no adverse affects to adjoining land uses. 3. The size and shape of the site for the use is adequate to allow the full development of the proposed office building in a manner not detrimental to the particular area or to the health and safety because the renovated office building will be located within the same footprint of the existing warehouse building. In addition, the project requires a total of 2,116 parking spaces and 2,136 spaces are proposed. Therefore, the proposed project complies with Code required parking. 4. The traffic generated by the office building will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the assumptions included in the updated Traffic Study prepared by Katz, Okitsu Associates, in 2009 or require additional mitigation measures from those already included in Mitigation Monitoring Plan No. 139 in conjunction with the original conditional use permit. 5. 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 as the proposed land use will continue to be compatible with the surrounding area because the use is integrated with and ancillary to other uses on the property and is not a health or safety risk to the citizens of the City of Anaheim. NOW THEREFORE BE IT RESOLVED that the Anaheim Planning Commission has reviewed the proposal and does hereby find that a previously approved Mitigated Negative Declaration in connection with Conditional Use Permit No. 2006 -05121 and Mitigation Monitoring Plan No. 139 is adequate to serve as the required environmental documentation in connection with this request. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated does hereby approve the proposed amendment to Conditional Use Permit No. 2006 05121, to convert an existing warehouse building to a two story office in conjunction with a previously- approved teleconferencing center. BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No. PC2006 -84, adopted in connection with Conditional Use Permit No. 2006 05121, as described in Exhibit "B" attached hereto and incorporated herein by this reference, which conditions are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or 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. 2 PC2009 -121 BE IT FURTHER RESOLVED that, except as expressly amended herein, the provisions of Resolution No. PC2006 -84, approving Conditional Use Permit No. 2006 -5121, shall remain if full force and effect. 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 as adopted at the Planning Commission meeting of December 7, 2009. ATTEST: CHAIRMAN, .NAHEIM CITY LA; TNING COMMISSION SENIOR SE TARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2009 -121 STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM 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 December 7, 2009, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, BUFFA, FAESSEL, KARAKI, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: RAMIREZ IN WITNESS WHEREOF, I have hereunto set my hand this 7 day of December 7, 2009. SENIOR SECT ETARY, ANAHEIM CITY PLANNING COMMISSION 4 PC2009 -121 APN: rti 071- 541 -01 071 062 -04 071- 061 -27 0 5.0100 Feet AVON ,DALE P1 EXHIBIT "A" DEV2009 -00068 I L r 734.67 J z ih CC O N a7 1 Z a r 133' W LA PALMA AVE I I I H c. a tn" w 774.85. 0 0 m r r l Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is two to five feet. 10877 5 PC2009 -121 EXHIBIT "B" AMENDMENT TO CONDITIONAL USE PERMIT NO. 2006-05121 (TRACKING NO. CUP 2006- 05121A) (DEV2009- 00068) RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL MONITORING PRIOR TO ISSUANCE OFA BUILDING PERMIT 1 A final traffic management plan (TMP) shall be submitted to Public Works, Traffic the City Traffic and Transportation Manager for review and approval. Said plan shall include 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: That Special Events shall require registration, including information on the location where the participant will be staying. That busing shall be provided to and from the facility to the designated conference hotels. That the event administrators shall 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. That participants shall be informed of the parking available at the facility and every effort shall be made to encourage individuals to use the buses. Participants shall be informed 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. 6 PC2009 -121 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. 91R -89 relating to the Transportation Demand Management (TDM) by providing on -site taxi and shuttle bus loading zones, and by joining 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 traffic 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." 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. 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 the Planning Commission as a `Reports and Recommendations" item. Building Planning 7 PC2009-121 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. The business shall be equipped with an alarm system (silent or Police audible). 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: httn: l /www.anaheim.net /article.asp ?id =678 Address numbers shall be positioned so as to be readily readable from the street. Numbers 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. 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. Wide -angle peepholes or other viewing device should be installed in solid doors where natural surveillance is compromised. 10 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: httn: /www.anaheim,net /article.asn ?id =678. Police Police Police Police Police Police 8 PC2009 -121 GENERAL 11 No church activities shall be permitted unless a separate Planning conditional use permit is approved by the City. 12 This facility shall be used for adult /career training, Planning teleconferencing, conferences, and training activities only. 13 No outdoor activities involving gathering of persons shall be Code Enforcement permitted on -site. 14 This facility shall be limited to the following operational Planning 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 traffic 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. 15 Trash storage areas shall be provided and maintained in a Public Works, location acceptable to the Public Works Department, Streets Sanitation 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. 9 PC2009 -121 16 Any required relocation of City electrical facilities will be at the Public Utilities, property owner's expense. Landscape and /or hardscape EIectrical 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. 17 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 all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window areas of nearby residences. Photometric plans shall be submitted to the Anaheim Police Department for review and approval prior to issuance of building peiuiits. 18 The applicant shall be responsible for maintaining the area adjacent to the premises over which they have control, in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 19 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. 20 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 (Elevation Plan), Exhibit No. 3 (Landscape Plan), Exhibit No. 4 (1 2nd Floor Plans), and as conditioned herein. Police Code Enforcement Planning Planning 10 PC2009 -121