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RES-2006-095RESOLUTION NO. 2006 -095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2006 - 05064. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code to permit an expansion of an existing church upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: LOT 40 OF TRACT NO. 3099, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 95, PAGES 33 AND 34 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE I 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID SOUTHWEST QUARTER OF SAID SECTION 12, SOUTH 95.00 FEET FROM THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12; THENCE WEST 145.00 FEET PARALLEL WITH THE NORTH LINE OF SAID SOUTHEAST QUARTER; THENCE NORTH 18.00 FEET PARALLEL WITH SAID EAST LINE; THENCE EAST 40.00 FEET PARALLEL WITH SAID NORTH LINE; THENCE SOUTH 9.00 FEET PARALLEL WITH SAID EAST LINE; THENCE EAST 105.00 FEET PARALLEL WITH SAID NORTH LINE TO SAID EAST LINE; THENCE SOUTH 9.00 FEET TO THE POINT OF BEGINNING. EXCEPT THE EAST 40.00 FEET THEREOF. THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED - 1 - AS FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF SAID NORTHEAST QUARTERI DISTANT NORTH 0° 11'30" WEST 491.27 FEET FROM THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE NORTH 0° 11' 30" WEST ALONG SAID EAST LINE 173.33 FEET; THENCE SOUTH 89'49'30" WEST PARALLEL TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION, A DISTANCE OF 264.00 FEET; THENCE SOUTH 0° 11'30" EAST 173.33 FEET TO A LINE PASSING THROUGH THE POINT OF BEGINNING AND PARALLEL TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 12; THENCE NORTH 89° 40'30" EAST 264.00 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE SOUTH 86.665 FEET. THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF SAID NORTHEAST QUARTER, DISTANT NORTH 0° 11'30" WEST 491.27 FEET FROM THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTH 0° 11'30" WEST, 86.665 FEET ALONG SAID EAST LINE; THENCE SOUTH 89° 40'30" WEST, 264.00 FEET PARALLEL WITH THE SOUTH LINE OF SAID NORTHEAST QUARTER; THENCE SOUTH 0° 11'30" EAST 86.665 FEET; THENCE NORTH 89'40'30" EAST 264.00 FEET PARALLEL WITH SAID SOUTH LINE TO THE POINT OF BEGINNING. THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE II OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: - 2 - BEGINNING AT A POINT IN THE EAST LINE OF SAID NORTHEAST QUARTER, DISTANT NORTH 0° 11'30" WEST 316.27 FEET FROM THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTH 0° 11'30" WEST, 175.00 FEET ALONG SAID EAST LINE; THENCE SOUTH 89° 40'30" WEST PARALLEL TO THE SOUTH LINE OF SAID NORTHEAST QUARTER, 264.00 FEET; THENCE SOUTH 0° 11'30 EAST PARALLEL TO THE EAST LINE OF SAID NORTHEAST QUARTER, 175.00 FEET; THENCE NORTH 89'40'30" EAST 264.00 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE SOUTH 105 FEET THEREOF. THE SOUTH 105 FEET OF THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS; BEGINNING AT A POINT IN THE EAST LINE OF SAID NORTHEAST QUARTER, DISTANT NORTH 0° 11'30" WEST 316.27 FEET FROM THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTH 0° 11'30" WEST, 175.00 FEET ALONG SAID EAST LINE; THENCE SOUTH 89° 40'30" WEST PARALLEL TO THE SOUTH LINE OF SAID NORTHEAST QUARTER, 264.00 FEET; THENCE SOUTH 0° 11'30 EAST PARALLEL TO THE EAST LINE OF SAID NORTHEAST QUARTER, 175.00 FEET; THENCE NORTH 89'40'30" EAST 264.00 FEET TO THE POINT OF BEGINNING. THE NORTH 20.00 FEET OF THE EAST 264.00 FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12 AND THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 12; THENCE NORTH 0° 1F3 0" WEST 316.27 FEET; THENCE SOUTH 89° 40' - 3 - 30" WEST, PARALLEL WITH THE SOUTH LINE OF SAID NORTHEAST QUARTER, 396.50 FEET; THENCE SOUTH 0° 11' 30" EAST PARALLEL WITH THE EAST LINE OF SAID NORTHEAST QUARTER, 316.27 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 12; THENCE NORTH 89° 40' 30" EAST ALONG SAID SOUTH LINE, 396.50 FEET TO THE POINT OF BEGINNING. WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required by law and the provisions of Title 18 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC2006 -29 granting Conditional Use Permit No. 2006 - 05064; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful consideration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing finds and determines as follows: 1. That the hereinafter mentioned waiver (a) is hereby approved based on the finding that the additional height is necessary for proper proportion of the building and that there are existing waivers granted on the property for similar features at a greater height than what is requested for this expansion. The additional height areas are architectural elements that are a part of the identity of the church, would be compatible with the existing church building and would not negatively impact the surrounding properties. 2. That the parking waiver (b) is hereby approved based upon a parking analysis prepared by Traffic Safety Engineers Inc. and reviewed 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 - 4 - 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 for the project site (76 spaces needed and 195 spaces proposed). 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, 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 is physically separated from adjacent private properties. Furthermore, it has been determined by the parking study that adequate on -site parking spaces are being provided. 7. That the use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located as the parking study has demonstrated that the site can accommodate the combined uses on site; 8. 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the action of the City Planning Commission granting said conditional use permit be, and the same is hereby affirmed and that Conditional Use Permit No. 2006 -05064 be, and the same is hereby, granted permitting expansion of an existing church on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: (a) SECTION NO. 18.04.070.010 Maximum structural height (35 feet permitted; 39 feet 4- inches proposed) (b) SECTION NO. 18.42.040.010 Minimum number of parking spaces (492 required; 195 proposed and recommended by the City's Independent Traffic Consultant) subject to the following conditions: - 5 - I . 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 the 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 the Planning Commission. 2. That this facility shall not be used as a private daycare, nursery, elementary, junior and /or senior high school. Said information shall be specifically shown on plans submitted for building permits. 3. That all activity involving use of the parking lot shall be limited to the hours of 7:00 a.m. to 10:00 p.m., Sunday through Thursday, 7:00 a.m. to 11:00 p.m. on Friday, and 7:00 a.m. Saturday to 2:00 a.m. Sunday; provided that there must be an on -site security guard to monitor the parking lot activities for any activity past 10:00 p.m. to limit noise impacts to adjacent properties. 4. That no portable signs shall be utilized to advertise the church. 5. 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. 6. That the property shall be permanently maintained in an orderly fashion 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. 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 Management 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. - 6 - 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. 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 the developer shall submit street improvement plans to the Public Works Department, Development Services Division and a bond shall be posted to guarantee that Dale Avenue is improved per Public Works Standard Detail 160 -A prior to issuance of a building permit. The improvements shall be constructed prior to final building and zoning inspections. 11. 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. 12. 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 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.). 13. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment's of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department - 7 - 14. 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 of the Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. 15. 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 meet 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. 16. 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 satisfaction 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. 17. That the legal property 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 for large meter and other public facilities. 18. 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. 19. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department 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 one - gallon size clinging vines planted on maximum three -foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 20. 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. 21. That at no time shall there be any outdoor storage on the site for the church. - 8 - 22. That prior to the issuance of a building permit Park in Lieu fees of $5,388.14 shall be paid for the residential unit. 23. That any required relocation of City electrical facilities shall be at the developer's expense. 24. 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. 25. 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 26. That this Conditional Use Permit is granted subject to approval of Reclassification No. 2006 -00174 and the approval and recordation of Tentative Parcel Map No. 2005 -156 now pending. 27. That each individual building shall be clearly marked with its appropriate building number and address. Marking shall be positioned so they are easily viewed from vehicular and pedestrian accessways throughout the complex. Main building numbers shall be a minimum height of 12" and illuminated during hours of darkness. Said information shall be specifically shown on plans submitted for building permits. 28. That prior to application for water meter, fire line or submitting the water improvement plans for approval, the developer /owner shall submit to the 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 serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations. 29. That an Emergency Listing Card, Form ADP -281 shall be completed and submitted in a completed form to the Anaheim Police Department. 30. That four (4) foot high address numbers shall be displayed on the roof of the 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. 31. That No Trespassing 602(k) P.C. signs shall be posted at the entrance to the parking lot and located in other appropriate places. - 9 - 32. That all entrances to the parking area shall be posted with appropriate signs per 22658(a) C.V.0 to assist in removal of vehicles at the property owner's request. 33. That the property owner shall submit a letter requesting termination of Conditional Use Permit No. 941 (to temporarily permit church offices, a language school and limited church services in an existing residential structure, and the eventual construction of permanent church facilities on a portion of subject property) and Conditional Use Permit No. 786 (to establish a church edifice and educational unit on an L- shaped portion of the site) to the Planning Services Division. 34. That within thirty (30) days from the date of this resolution, a sign plan shall be submitted to the Planning Services Division for review and approval of the existing freestanding wood sign. 35. That final landscape plans shall be submitted to the Planning Services Division for review and approval incorporating minimum 24 -inch box size trees and vines on a trellis adjacent to the proposed storage building, plans shall also indicate a tree that is more appropriate in canopy spread in place of the Live Oak trees within the 15 foot landscape setback adjacent to the single- family residences. Any decision by staff may be appealed to the Planning Commission as a Reports and Recommendations item. 36. 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. 37. That the subject property shall be developed substantially in accordance with the plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department Exhibit Nos. 1 through 10 and as conditioned herein. 38. 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. 9, 10, 11, 12, 14, 16, 17, 18, 19, 21, 22, 23, 24, 30 and 35, 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. 39. 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 40. That prior to final building and zoning inspections, Condition Nos. 8, 10, 26, 28, 29, 30 and 37, above mentioned, shall be complied with. 41. That approval of this application constitutes approval of the proposed request only - 10 - 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 City Council 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 conditions, 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 is approved and adopted by the City Council of the City of Anaheim this 16th day of May, 2006, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez NOES: None ABSENT: None ABSTAIN: None CITY OF AHEIM By MAYOR OF THE CIT OF ANAHEIM ATT ST: CITY CLA EIM 61850.1 - 11 -