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87-395RESOLUTION NO. 87R= 395 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING IN ITS ENTIRETY RESOLUTION NO. 87R-153 GRANTING CONDITIONAL USE PERMIT NO. 2888. THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY AMENDS RESOLUTION NO. 87R-153 IN ITS ENTIRETY TO READ AS FOLLOWS: 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 from FRED A. BAKER, CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, 50 East Temple, Salt Lake City, Utah 84150 upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 1: A PARCEL OF LAND SITUATED IN SECTION 6, IN TOWNSHIP 4 SOUTH, RANGE 8 WEST, IN THE RANCHO SANTIAGO DE SANTA ANA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 6; THENCE ALONG THE WEST LINE OF SAID SECTION 6, SOUTH 0© 02' 00" EAST, 1816.03 FEET; THENCE EAST, 20.00 FEET; THENCE SOUTH 22© 56' 30" EAST, 340.52 FEET; THENCE SOUTH 11© SS" EAST, 193.24 FEET; THENCE SOUTH 19© 39' EAST, 359.73 FEET; THENCE SOUTH 85© 16' WEST, 100.00 FEET; THENCE SOUTH 15© 16' 30" EAST, 41.51 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 1S© 16' 30" EAST, 477.09 FEET; THENCE SOUTH 48© 54' EAST, 473.14 FEET; THENCE NORTH 74© 08' 20" EAST, 508.20 FEET; THENCE SOUTH 70© 52' EAST, 192.89 FEET; THENCE NORTH 10© 44' 52" WEST, 259.54 FEET; THENCE NORTH 51© S3' 35" WEST, 161.93 FEET; THENCE NORTH 39© 06' 46" WEST, 263.09 FEET; THENCE NORTH S6© 37' 54" WEST, 115.01 FEET; THENCE NORTH 71© 30' 56" WEST, 148.05 FEET; THENCE NORTH 78° 37' 17" WEST, 305.82 FEET; THENCE SOUTH 53© 57' 37" WEST 103.02 FEET; TItENCE NORTH 79© OS' 34" WEST, 106.30 FEET; THENCE NORTH 85© 44' 49", WEST, 87.82 FEET TO THE TRUE 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. PC87-50 denying Conditional Use Permit No. 2888; 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 consi- deration of the recommendations of the City Planning Commission and ail 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. The subject property is presently zoned RS-HS-22,000(SC) (Residential, Single-Family Hillside Zone with a Scenic Corridor Overlay). Anaheim Municipal Code Section 18.23.050 provides that churches may be permitted in this zone subject to a conditional use permit. 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. The proposed use will utilize approximately thirty-five percent (35%) of the total land area for building, driveways and parking. The remaining sixty-five percent (65%) of the land area will be left in its natural state or will be landscaped thus preserving the scenic beauty of the area. The church building will be constructed with the chapel and multipurpose room in the center, surrounded by a corridor, with classrooms and offices around the exterior perimeter buffering sounds from the interior. The exterior appearance of the buildings will be earthtone stucco and tile so as to blend with the surrounding environment. The church building will be placed in the hillside so as to minimize any visual intrusion. The church will plant landscape materials along the outer edge of the subject property in a manner which will reduce visibility of the church. The nearest home is approximately 130 feet from the nearest parking or driveway and approximately 360 feet from the church building. Services will be held twice on Sunday from 9:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m. Twice a year on Sunday for approximately four (4) hours, there will be a stake meeting or semi-annual conference that includes neighboring LDS churches. -2- Parking spaces required are 221; 504 parking spaces are provided. During the week there will be occasional small meetings. Most of the traffic generated by the proposed use would be during off-peak hours and on off-peak days, thereby minimizing the church's impact on traffic in the area. There is a multipurpose room with a basketball court. court provides no space for spectators thereby precluding the possibility of large crowds for indoor sporting events. The An equestrian trail proposed at the south end of the property will be dedicated. 5. 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. The site consists of 11.15 acres of land after dedication with a frontage of approximately 1,050 feet on the southwest side of Fairmont Boulevard, between Canyon Hill Road and Canyon Rim Road. The land is gently roiling hillside. Only thirty-five percent (35%) of the total land space will contain building, driveways and parking. The major portion of the land will be fully landscaped or remain in its natural state. The rolling hillside contours of the site allow the church to be placed in the hillside for minimum visual intrusion. The church tower will be recessed so it will stand only two (2) feet taller than the top of the church. Parking will be tiered to break the visual effect. 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. Traffic generated by church services will be during off-peak hours on off-peak days. This will minimize the impact that the church will have on traffic in the surrounding area. The existing design and geometrics of Fairmont Boulevard (as opposed to the amount of traffic and traffic flow) have been identified by the City Traffic Engineer as the primary cause of traffic problems in the area. The owner of the subject property will pay a sum equal to the amount necessary to widen Fairmont Boulevard on the west side from the south property line to Canyon Rim Road. Said funds will be used by the City to construct such improvements on Fairmont Boulevard as the City Engineer shall determine will provide the greatest and most effective benefit to traffic. Two (2) driveways from the subject property have been provided for ingress and egress to distribute the traffic impact on Fairmont. The owner of the subject property will provide an opening in the median across from the south entrance to facilitate left turns onto Fairmont Boulevard and to avoid u-turns. The median will be appropriately landscaped to provide maximum visibility. -3- The owner of the subject property will also provide for additional paving on its property on the east side of Fairmont Boulevard across from the church site to provide safe space for northbound traffic. 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. Pursuant to the conditions set forth in this Resolution, the owner of the subject property will do the following including, but not limited to: a. Paying an amount equivalent to the cost of widening the west side of Fairmont from the southern property line to Canyon Rim Road to be used by the City Engineer for improvements that will provide the greatest and most effective benefit to traffic; b. Relocating the existing median opening south of the subject property to line up with the southerly driveway to facilitate left turns; c. Replacing specimen trees to be removed at a ratio of three (5) to one (1); and d. Limiting the use of the property so that no enlargement of church uses will occur on said property necessitating additional church buildings. AND WHEREAS, the City Council does further find, after careful consideration of the action of the City Planning Commission and ali evidence and reports offered at said public hearing before the City Council regarding said requested waiver(s), that all of the conditions set forth in Section 18.05.040 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: 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. 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 classification in the vicinity. The church requested a waiver of the height requirement from twenty-five (25) feet under the Scenic Corridor Overlay to thirty-two (32) feet for the church and a fifty (50) foot tower which be recessed to stand only two (2) feet taller than the church building. -4- Three (3) other conditional use permits for churches in the Scenic Corridor Zone have been approved as follows: a. CUP No. 2680 - haiver of height limitation to allow a 48-foot high steeple. The United Presbyterian Church is located on the east side of Fairmont Boulevard, approximately 450 feet south of Santa Ana Canyon Road. Property is zoned RS-A-43,000(SC). b. CUP No. 1663 - Waiver of height limitation to allow a 37-foot high steeple. Lutheran Church located at southeast corner of Santa Ana Canyon Road and Solomon Drive. Property is zoned RS-A-43,000(SC). c. CUP No. 1719 - Waiver of height limitation to allow a 30-foot high tower. The Church of Jesus Christ of Latter Day Saints located on the northeast corner of Nohl Ranch Road and Royal Oak Road. The property is zoned RS-HS-10,000(SC). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, the action of the City Planning Commission denying said conditional use permit be, and the same is hereby, reversed and that Conditional Use Permit No. 2888 be, and the same is hereby, granted permitting a church on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTION 18.84.042.011 Maximum structural height. (25 feet permitted; 31 and 50 feet proposed) subject to the following conditions: 1. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Fairmont Boulevard in an amount as determined by the City Council. 2. That prior to issuance of a building permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by the City Council for new commercial buildings. 3. That prior to issuance of a building permit, the owner of subject property shall pay the appropriate drainage assessment fees to the City of Anaheim in an amount as determined by the City Engineer. 4. That prior to issuance of a building permit, the appropriate major thoroughfare and bridge fee shall be paid to the City of Anaheim in an amount as specified in the Major Thoroughfare and Bridge Fee Program for the Foothill/Eastern Transportation Corridor, as approved by City Council Resolution No. 85R-423. -5- 5. That prior to rendering of water service, a special assessment fee in the amount of $6S2.00 per acre, for upgrading the former ~alnut Canyon Water System, shall be paid to the Hater Engineering Division, by the Developer. 6. That the owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land 46 feet in width from the centerline of the street along Fairmont Boulevard for street widening purposes. 7. That the vehicular access rights to Fairmont Boulevard except at approved access points, shall be dedicated to the City of Anaheim. 8. (a) That all engineering requirements of the City of Anaheim along the west side of Fairmont Boulevard, from the southeast boundary of subject property to Canyon Hills Road and on the east side of Fairmont Boulevard through the frontage of subject property, relocation of the existing median opening south of subject property to line up with the southerly driveway, and widening of the east side of Fairmont Boulevard as required by the City Engineer to accommodate a left-turn movement from the southerly driveway, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, water facilities, street grading and pavement, sewer and drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with specifications on file in the Office of the City Engineer; and that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of said improvements. Said security shall be posted with the City prior to issuance of building permits to guarantee the installation of the above required improvements prior to occupancy. (b) That the applicant shall pay cash to the City in an amount equal to the City Engineer's estimated cost of construction of full street improvements on the west side of Fairmont Boulevard from the southeast boundary of subject property to Canyon Rim Road. Said estimate shall be based on the City's current bid process. The City shall use said money to construct such improvements on Fairmont Boulevard, as determined by the City Engineer, which will provide the greatest and most effective benefit to traffic. 9. That street lighting facilities along Fairmont Boulevard shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager, and that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City of Anaheim prior to approval of improvement plans. The above-required improvements shall be installed prior to occupancy. -6- 10. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer which shall include the construction of catch basins on Fairmont Boulevard, and, connection of proposed drains to existing drains as required by the City Engineer. 11. That subject property shall be served by underground utilities. 12. That prior to commencement of structural framing, fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department. 13. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 14. That prior to issuance of a building permit, primary water main fees shall be paid to the City of Anaheim, in an amount as determined by the Office of the Utilities Genera/ Manager. 15. That fire sprinklers shall be installed as required by the City Fire Marshal. 16. That gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic in the adjacent public street(s). Installation of any gates within a distance of forty (40) feet from said public street rights-of-way shall be subject to the review and approval of the City Traffic Engineer. 17. That all driveways shall be constructed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 18. That any proposed parking area lighting fixtures shall be down-lighted with a maximum height of 12 feet. Said lighting fixtures shall be directed away from adjacent property lines to protect the residential integrity of the area. 19. That, as specified in Anaheim Bunicipal Code Section No. 18.84.042.012, no roof-mounted equipment, whatsoever, shall be permitted. 20. That the owner(s) of subject property shall dedicate and improve a ten (10) foot wide equestrian and hiking trail as shown on the Equestrian and Hiking ~'rail Element of the Anaheim General Plan. Improvement plans, in accordance with standard plans and specifications on file in the Office of the City Engineer, shall be submitted and approved prior to the issuance of a grading permit. A bond, in an amount and form satisfactory to the City to guarantee the installation of the above-mentioned improvements prior to occupancy, shall be posted prior to the issuance of a grading permit. -7- 21. That the owner of subject property shall execute and record a covenant obligating the property owner to maintain and repair the hiking and equestrian trail; indemnify and hold the City of Anaheim harmless for damages resulting therefrom; and maintain liability insurance for said trail naming the City as an additional insured. The form of said covenant shall be approved by the City Attorney's Office and shall be recorded prior to the issuance of a building permit. 22. That no enlargement or expansion of the church use or building floor areas shall be permitted on the property above that authorized herein and no additional church-related structures shall be permitted other than those permitted pursuant to Condition No. 27 hereof. The owner of subject property shall execute and record an unsubordinated covenant obligating the property owner to warrant to the City of Anaheim that no enlargement of church uses will occur on said property necessitating further church buildings. The form of said covenant shall be approved by the City Attorney's Office and shall be recorded prior to the issuance of a building permit. A copy of the recorded covenant shall be furnished to the Planning Department. 23. The developer shall plant landscape materials along the outer edge of subject property in a manner which will eliminate visibility of the church from dwellings above the subject site. 24. Specimen trees shall be replanted at a ratio of 3:1. None of the eucalyptus trees surrounding the border of the property will be removed. 25. That a landscape plan for subject property shall be submitted to the Planning Department for review and approval. 26. That this conditional use permit is granted subject to the approval of Specimen Tree Removal Permit No. 87-01. 27. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 5. 28. That prior to issuance of a building permit, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 1, 6, 7, 8, 20, 21, 22 and 25 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. 9, 10, 15, 16, 17, 18, 19, 23, 24 and 27, above-mentioned, shall be complied with. -8- 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 RESOLbTION is approved and adopted by the City Council of the City of Anaheim this 22nd day of September, 1987. MAYOR OF THE '~~NAHEIM ATTEST: CITY THE CITY OF ANAHEIM JLW:fm 2006L 091687 -9- CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 87R-395 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 22nd day of September, 1987, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Hunter ABSENT: COUNCIL MEMBERS: None Pickler, Kaywood and Bay Corrected 10/23/87 to show-4~unter Abstm~ined. AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 87R-395 on the 22nd day of September, 1987. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 22nd day of September, 1987. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 87R-395 duly passed and adopted by the Anaheim City Council on September 22, 1987.