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Resolution-PC 2000-23• • RESOLUTION NO. PC2000-23 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4170 BE GRANTED WHEREAS, the Anaheim City 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 NO. 18, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 202 PAGES 41 TO 44, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AND AS AMENDED BY CERTIFICATE OF CORRECTION RECORDED JULY 21, 1987 AS INSTRUMENT NO. 87-413564, OFFICIAL RECORDS. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 13, 2000 at 1:30 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 18.03, 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 that the hearing was continued from the meetings of December 20, 1999, and February 14 and February 28, 2000; 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 use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.41.050.070, 18.41.050.170 and 18.84.062.030.031 to permit a two- story, 30 to 35 foot hig'h, church facility with accessory training center classrooms and roof-mounted equipment, with waiver of the following: Sections 18.06.050.020.021.0212 - Minimum number of parkinq spaces. 18.06.050.020.026.0263 (314 spaces required; 76 spaces proposed on-site) 18.06.050.020.026. 0266 18.06.080 and 18.41.066.050 2. That the waiver of minimum number of parking spaces is hereby approved on the basis that the maximum of number of students, as conditioned herein, is 84 persons at any one time; and that granting of the parking waiver is contingent upon operation of the use in conformance with the assumptions and/or conclusions relating to the operation and intensity of use as contained in the parking demand study that formed the basis for approval of said waiver. 3. That the waiver, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the proposed us~ than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use. 4. That the waiver, under the :conditions imposed, will not increase the demand and competition for parking spaces upon the pu'blic streets in the immediate vicinity of the proposed use. 5. That the 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 CR3902PK.DOC -1- PC2000-23 • ~ use (which property is not expressly provided as parking for such use under an agreement in compliance with Section 18.06.010.020 of the Zoning Code). 6. That the waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for such use. 7. That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. 8. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 9. That the size and shape of the site for the proposed use is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 10. 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. 11. That granting of this conditbonal use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 12. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONM~NTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit a two-story, 30 to 35 foot high, church facility with accessory training center classrooms and roof-mounted equipment, and with waiver of minimum number of parking spaces on a rectangularly shaped 1.3 acre property located on the south side of Kaiser Boulevard between Roosevelt Road and Chaparral Court, with approximate frontages of 212 feet on the south side of Kaiser Boulevard, 150 feet on the east side of Roosevelt Road and 131 feet on the west side of Chaparral Court, and further described as 101 Chaparral Court (Light of the Canyon United Methodist Church); 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 City Planning Commission does hereby grant subject Petition for Con~itional 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 safety and general welfare of the Citizens of the City of Anaheim: That all plumbing and other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials; and, further, that such information shall be specifically show~n on the plans submitted for building permits. 2. That church and school activities shall end before 10 p.m., except on special church holidays, which shall not to exceed four (4) per year. 3. That the maximum number of students on-site at any time shall be limited to eighty four (84) persons. 4. That an on-site trash-truck turn-around area shall be provided in accordance with Engineering Standard Detail No. 610 and shall be shown on plans submitted for building permits, as required by the Department of Public Works, Street Sweeping and Sanitation Division. -2- PC2000-23 ~ ~ 5. That granting of the parking waiver is contingent upon operation of the approved use in conformance with the assumptions and/or conclusions relating to the operation and intensity of use as contained in the parking demand study that formed the basis for approval of said waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in the parking demand study, shall be deemed a violation of the express conditions imposed upon said waiver which shall subject this Conditional Use Permit No. 4170 to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. 6. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Streets and Sanitation Division and in accordance with approved plans on file with the Public Works 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 one (1) gallon sized clinging vines planted on maximum three (3) foot centers, or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 7. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Streets and Sanitation Division for review and approval. 8. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrenee. 9. 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 the plans submitted for building permits. Such plans shall also identify the specific screening treatment for each device (i.e., landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments. Said information shall be specifically Shown on the plans submitted for building permits. 10. That all backflow assemblies shall be located above ground and outside the required 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 satisfaction of the Water Engineering Division in either underground vaults or outside the required street setback area in a manner fully screened from all public streets. Said information shall be specifically shown on plans submitted to and approved by Water Engineering and Cross Connection Control Program staff prior to issuance of a building permits. 11. That any roof-mounted equipment shall be subject to Anaheim Municipal Code Section 18.84.062.032 pertaining to the "SC" Scenic Corridor Zone Overlay. Such information shall be specifically shown on the plans submitted for building permits, and is subject to Zoning Division review and approval prior to issuance of building permits. 12. That since this project has landscaping area(s) exceeding two thousand five hundred (2,500) sq.ft., a separate irrigation meter shall be installed in compliance with Chapter 10.19 "Landscape Water Efficiency" of the Anaheim Municipal Code and Anaheim Ordinance No. 5349. 13. That a photometric plan shall be submitted to the Police Department and Zoning Division for review and approval. Said plan shall show lighting of sufficient power to illuminate and make easily discernable the appearance and conduct of persons on or about the parking lot. When installed, said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the windows of nearby residences. Said information shall be specifically shown on plans submitted for building permits. -3- PC2000-23 ~ • 14. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the Engineering Standard Detail No. 137 pertaining to sight distance visibility for any wall and/or fence locations. 15. 7hat any trees planted on-site shall be replaced in a timely manner in the event that they are removed, damaged, diseased and/or dead. 16. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 17. That all existing water services shall conform to current Water Utility standards. Any existing water services that are not approved by the Water Engineering Division for continued use shall be upgraded to current standards or abandoned by the developer. If existing services are no longer needed, they shall be abandoned by the developer. 18. That the legal owner of the subject property shall provide the City of Anaheim with a public utilities easement to be determined as electrical design is completed. 19. That the developer shall maintain reqiuired clearances from existing city electrical facilities. Any required relocation of city facilities shall be at the developer's expense. 20. That plans shall be submitted to the Traffic and Transportation Manager for review and approval showing conformance with the most current versions of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway location. Subject property shall be developed and maintained in conformance with Said plans. 21. That three (3) foot high street address numbers shall be displayed on the roof of the building in a color contrasting to the roof material. The numbers shall not be visible to the nearby streets or adjacent and nearby properties. Said information shall be specifically shown on plans submitted for building permits. 22. That all existing mature trees shall be maintained on-site and incorporated into the landscaping areas. Plans submitted for building permits shall specifically show compliance with this condition. 23. That any off-site parking shall be reviewed and approved by the City Traffic and Transportation Manager. The appropriate agreements to obtain and retain such parking shall be reviewed and approved by the Planning Department and the City Attorney's Office and then recorded in the office of the Orange County Recorder. 24. That a"parking officer" shall be on duty during all times that the training facilities are being used. 25. That the two (2) temporary trailers previously approved in connection with Conditional Use Permit No. 3528 shall be removed from the premises, or a request for reinstatement shall be submitted to the Zoning Division on or before April 9, 2000. 26. That final building elevations, a materials and color board, and roof-mounted equipment plans shall be submitted to the Zoning Division for review and approval by the Planning Commission as a "Reports and Recommendations" item. 27. That subject property shall be developed 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 Nos. 1 th'rough 7, and as conditioned herein. 28. 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. 1, 4, 6, 7, 9, 10, 11, 13, 14, 18, 20, 21, 22 and 26, ~_ PC2000-23 • ~ above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 29. That prior to final building and zoning inspections, Condition Nos. 12, 17, 25 and 27, above- mentioned, shall be complied with. 30. 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 ap,~licable ordinance, regulation or requirement. 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 13, 2000. ,~%~-~/ G~~! ~ HAIR ERSON, ANAHEIM ITY PLANNING COMMISSION ATTEST: I / ~-'(.9~Q~tZ~GI~ ~~ ~ . SECf~ETAR~', ~NAHEIM CITY PLANNING COMMISSION ~ v STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, 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 13, 2000, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE • IN WITNESS WHEREOF, I have hereunto set my hand this ~V~ day of , 2000. <~W F-~v SE R TA , ANAHEIM CITY PLANNING COMMISSION -5- PC2000-23