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2000-114RESOLUTION NO. 2000R-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 4187. 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 a church facility with an accessory private preschool and elementary school, upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THAT PORTION OF LOT 4 OF SOUTH PLACENTIA TRACT NO. 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 5, PAGE 42 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 4; THENCE NORTHERLY 598.25 FEET ALONG THE WEST LINE OF SAID LOT; THENCE EASTERLY PARALLEL WITH THE NORTH LINE OF SAID LOT TO A POINT WHICH IS EASTERLY 340.00 FEET, MEASURED ALONG SAID PARALLEL LINE AND THE PROLONGATION THEREOF, FROM THE CENTERLINE OF CYPRESS AVENUE; THENCE SOUTHERLY PARALLEL WITH SAID WEST LINE TO THE SOUTHEASTERLY LINE OF SAID LOT; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE TO THE SOUTH LINE OF SAID LOT; THENCE WESTERLY 85.90 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. EXCEPT THE NORTHERLY 120.00 FEET (MEASURED ALONG THE WESTERLY LINE) THEREOF. ALSO EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 4, SAID CORNER HAVING BEEN CONSTRUED BY FORMER DEED TO BE THE INTERSECTION OF THE ~WEST LINE OF SECTION 1, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S.B.M.", AS SHOWN ON SAID MAP WITH THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF LOT 2 OF SAID TRACT; THENCE NORTHERLY 199.52 FEET ALONG SAID WEST LINE; THENCE EASTERLY 197.32 FEET PARALLEL WITH THE NORTH LINE OF SAID LOT 4; THENCE SOUTHERLY PARALLEL WITH SAID WEST LINE TO THE SOUTHEASTERLY LINE OF SAID LOT 4 WHICH HAS BEEN CONSTRUED BY FORMER DEEDS TO BE THE CENTERLINE OF THE UN-NAMED STREET NOW KNOWN AS PLACENTIA BOULEVARD; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE TO THE SAID WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID LOT 2; THENCE WESTERLY 85.90 FEET ALONG SAID PROLONGATION TO THE POINT OF BEGINNING; and 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, Chapter 18.03 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. PC2000-51 granting Conditional Use Permit No. 4187; 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, that: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 2. 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. 3. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. 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. 5. The granting of the conditional 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. -2- WHEREAS, the City Council does further find with regard to the hereinafter specified proposed waiver(s) of Anaheim Municipal Code requirements, other than the proposed waiver of off-street parking requirements, as follows: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of special circumstances shown in (1) above, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classifications in the vicinity; and WHEREAS, the City Council does further find and determine with regard to the proposed waiver of certain off-street parking requirements that: 1. That the variance, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for such use 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; and 2. That the variance, 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 proposed use; and 3. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed 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 Anaheim Municipal Code); and 4. That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for such use; and 5. That the variance, 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. 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. 4187 be, and the same is hereby, granted permitting a church facility with an accessory private preschool and elementary school on the hereinabove -3- described real property with a waiver of the following provisions of the Anaheim Municipal Code: (a) Section 18.04.042.020 Institutional uses adjacent to residential zones.(minimum 15-foot landscaped setback required between church or school buildings and RM- 1200 zoning; none proposed along the east property line) (b) Sections 18.06.050.020.021.0212 - 18.06.050.026.0262 18.06.050.026.0266 18.06.080 and 18.44.066.050 Minimum number of parking spaces. (201 spaces required; 122 spaces proposed) subject to the following conditions: 1. That all air conditioning facilities and other roof and ground- mounted equipment shall be properly shielded from view and the sound buffered from adjacent residential properties. Said information shall be specifically shown on plans submitted for building permits. 2. That any plumbing or other similar pipes and fixtures located on the exterior of any building shall be fully screened by architectural devices and/or appropriate building materials; and, further, that said information shall be specifically shown on plans submitted for building permits. That the hours of operation shall be: Church: Preschool/ elementary school: Monday through Friday: 5 a.m. to 9 p.m. Saturdays and Sundays: 8 a.m. to 9 p.m. Monday through Friday: 7 a.m. to 6 p.m. 4. That the maximum number of students on-site at any time shall be two hundred forty six {246) as identified in the petitioner's letter of operation. 5. That a six (6) to eight (8}-foot high decorative masonry block wall and emergency access gate shall be constructed and/or maintained along the north and east property lines, excepting the front setback along the street(s) where the wall height shall not exceed three feet and the 28-foot wide area at the northeast portion of the property which shall include an emergency access gate provided, however, that the City Traffic and Transportation Manager shall have the authority to reduce the height of the wall to protect visual lines-of-sight where pedestrian and/or vehicular circulation intersect. Clinging vines to eliminate graffiti opportunities shall be planted on maximum five (5) foot centers adjacent to the north and east property line walls; said -4- landscaping shall include irrigation system and shall be properly maintained. Said information shall be specifically shown on plans submitted for building permits. 6. That the required landscaped setbacks along State College Boulevard and Placentia Avenue shall include a landscaped earthen berm and shall be planted with minimum twenty four inch (24") box-sized trees, and shall be provided with an irrigation system. The City Traffic and Transportation Manager may modify this requirement to ensure adequate vehicular and pedestrian visibility. Said landscaping shall be specifically shown on plans submitted for building permits. 7. That the location(s) for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be specifically shown on plans submitted for building permits. Said plans shall also identify the specific screening treatment(s) of 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. 8. That all signage shall comply with approved exhibits unless additional signage is reviewed and approved by the Planning Commission as a "Reports and Recommendation" item. 9. That gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic in the adjacent public streets. The gates shall be closed during school play hours and open at all other times. Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic and Transportation Manager prior to issuance of a building permit or installation of the gates. 10. That plans shall be submitted to the City 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 locations. Subject property shall thereupon be developed and maintained in conformance with said plans. Said information shall be specifically shown on plans submitted for building permits. 11. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 137. Said information shall be specifically shown on plans submitted for building permits. 12. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor uses. 13. 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 -5- 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 expressed conditions imposed upon said waiver which shall subject this conditional use permit to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. 14. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets 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 one {1} gallon size clinging vines planted on maximum three {3) foot centers, or tall shrubbery. Said information shall be specifically shown on plans submitted for building permits. 15. 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. Said information shall be specifically shown on plans submitted for building permits. 16. That an on-site trash truck turn-around area shall be provided in accordance with Engineering Standard Detail No. 610, and maintained to the satisfaction of the Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits. 17. That prior to application for water meters or fire lines, or prior to submittal of water improvement plans for approval, the developer/owner shall submit an estimate to the Public Utilities Water Engineering Division of the maximum fire flow rate and the average day, maximum day, and peak hour water demands for this project. This information will be used 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 completed in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations. 18. That outdoor lighting fixtures shall be down-lighted with a maximum height of twelve (12) feet. Said lighting fixtures shall be decorative and shall be directed away from adjacent residential property lines to protect the residential integrity of the area by not unreasonably illuminating or causing glare onto those properties. Said details shall be specified on plans submitted for building permits. 19. 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 -6- 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. 20. That three (3) foot high address numbers shall be displayed on the roof of the building in a contrasting color to the roof material. The numbers shall not be visible to the street or adjacent properties. Said information shall be specifically shown on plans submitted for building permits. 21. That the legal owner of this property shall provide the City of Anaheim with a public utilities easement to be determined as the electrical design is completed. 22. That any required relocation of City electrical facilities shall be at the developer's expense. 23. That all backflow assemblies shall be located above ground outside (i.e., behind) the street setback area in a manner fully screened from all public streets and alleys. 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 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 Water Engineering and Cross Connection Control Program staff prior to submittal for building permits. 24. That since this project has a landscaping area exceeding two thousand five hundred (2,500) square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 of the Anaheim Municipal Code and Ordinance No. 5349 regarding water conservation. 25. That any trees planted on-site shall be replaced in a timely manner in the event that they are removed, damaged, diseased and/or dead. 26. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 27. That a final landscaping plan for the entire site shall be submitted to the Zoning Division of the Planning Department specifying type, size and location of the proposed landscaping and irrigation system for review and approval. Any decision by the Zoning Division may be appealed to the Planning Commission for review as a ~Reports and Recommendations" item. Following approval, the landscaping and the irrigation system shall be installed and maintained in accordance with the plan. 28. That the church and multi-purpose hall shall not be used for -7- separate simultaneous events to ensure that adequate parking is provided on-site at all times. 29. That, if required by the Community Services Department, the property owner shall plant street trees and install an irrigation system within the State College Boulevard right-of-way in accordance with the City Tree Planting Specifications for the State College Boulevard Corridor Master Plan. Street tree and parkway requirements shall comply with Section 4.8 of the State College Boulevard Corridor Master Plan. Said information shall be specifically shown on plans submitted for building permits. 30. That detailed plans identifying fencing location, height and materials for the outdoor play areas shall be submitted with the plans submitted for building permits; and that a permanently maintained drop- off/pick-up parking space(s) shall be identified on the site plan submitted for building permits. 31. 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 through 7, and as conditioned herein. 32. That prior to commencement of the activity authorized by this resolution, or prior to issuance of a building permit for any phase, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 5, 6, 7, 9, 10, 11, 14, 15, 16, 18, 19, 20, 21, 23, 27, 29 and 30, 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. 33. That prior to commencement of the activity authorized by this resolution or prior to final building and zoning inspections for any development phase, whichever occurs first, Condition Nos. 24 and 31, above-mentioned, shall be complied with. 34. 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 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 20th day of June, 2000. MAY(~R OF V~ CITY dF ANAHEIM ATTEST: C~-CL~RK OF THE CITY OF ANAHEIM 36177.1 -9- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2000R-114 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 20th day of June, 2000, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 2000R-114 on the 20th day of June, 2000. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 20th day of June, 2000. CI~'Y'CLER~ OF THE CITY OF ANAHEIM (SEAL) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 2000R-114 was duly passed and adopted by the City Council of the City of Anaheim on June 20th, 2000. CI'I~Y CLERI~OF THE CITY OF ANAHEIM