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Resolution-PC 2000-1• • RESOLUTION NO. PC2000-1 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4157 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: LOT 85 OF TRACT NO. 3168 AS SHOWN ON A MAP RECORDED IN BOOK 103, PAGES 1, 2 AND 3 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 3, 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 October 1 and December 6, 1999 Commission meetings for public notification of a parking waiver; 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 Section Sections 18.21.050.110 and 18.21.050.280 to permit a church and private recreation facility with a~cessory living quarters and with waivers of the following: (a) Sections 18.04.042.020 - Minimum setback for institutional uses adiacent to a and 18.21.063 residential zone boundarv. (15 feet, fully landscaqed, required adjacent to RS-7200 "Residential, Single-Family" zoning; 5 to 12 feet, landscaped, proposed between parking spaces and the north, east, south and west property lines) (b) Sections 18.050.026.0262 - Minimum number of parkinq spaces. 18.06.050.026.0266 (115 required; 103 proposed and concurred with by the 18.06.080 City Traffic and Transportation Manager) and 18.21.066.010 2. That waiver (a), required setbacks for institutional uses adjacent to a residential zone boundary, is hereby approved on the basis that there are special circumstances applicable to the property such as size, shape, topography, location or surroundings, which do not apply to other identically zoned properties in the vicinity; and that st~ict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity. 3. That waiver (b), minimum number of parking spaces, is hereby approved on the basis that it is a minimal (10%) deviation from the Code requirement; and on the basis of the findings submitted by the petitioner and described in paragraphs (20) and (25) of the Staff Report to the Planning Commission dated January 3, 2000; and that the City Traffic and Transportation Manager has determined that 103 spaces is sufficient for this specific proposed church and private community recreational facility. CR3853PK.DOC -1- PC2000-1 ~ ~ 4. That the parking waiver, under the conditions imposed, 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. 5. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. 6. 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 (which property is not expressly provided as parking for such use under an agreement in compliance with Section 18.06.010.020 of this Code). 7. That the parking waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for such use. 8. That the parking 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. 9. That granting of the parking waiver shall be deemed contingent upon operation of the approved use in conformance with the assumptions relating to the operation and intensity of the use as contained in the parking demand study that formed the basis for approval of said waiver; and that exceeding, violating, intensifying or otherwise deviating from any of said assumptions as contained in the parking demand study shall be deemed a violation of the express conditions imposed upon said waiver which shall subject said waiver to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. 10. 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. 11. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 12. 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. 13. That granting of this 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. 14. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition; and that one person spoke in favor of the proposal. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit a church and private recreation facility with accessory living quarters and with waivers of minimum setback of institutional uses adjacent to a residential zone boundary and minimum number of parking spaces on a rectangularly-shaped 2.22-acre property located at the southerly terminus of Paradise Street, having a frontage of 54 feet on the south side of Paradise Street and a maximum depth of 370 feet, being located 325 feet south of the centerline of Balsam Avenue, and further described as 1100 North Paradise Street (Issac Walton Recreation facility); 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 CR3853PK.DOC -2- PC2000-1 ~ ^ 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 I~ RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional 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 trash storage areas 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 the plans submitted for building permits. 2. 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. 3. 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 specifcally shown on plans submitted for building permits. 4. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible 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. A photometric plan shall be submitted to the Anaheim Police Department for review and approval. That three (3) foot high address numk~ers 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 view from the street or adjacent properties. 6. That plans shall be submitted to the ~ity Traffic and Transportation Manager for review and approval showing conformance with ~he most current versions of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway locations. The submitted plan shall be modified to provide for adequate turn~arounds for end parking stalls. Subject property shall thereupon be developed and maintai~ed in conformance with said plans. That the water backflow equipment and any other large water system equipment shall be installed to the satisfaction of the Water Utility IDivision in either (a) underground vaults or (b) behind the street setback area in a manner fully screened from all public streets. Said information shall be specifically shown on the plans submitted for building permits. 8. That because this project has landscaping area(s) 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 City Ordinance No. 5349. 9. That all existing water services shall conform to the most current Water Utility Standards. Any existing water services that are not approved by said Utility for continued use shall be upgraded to current standards, or shall be abandoned by the developer. If the existing services are no longer needed, they shall be abandoned by the developer. 10. That the property shall be served with underground utilities in accordance with the Electrical Rates, Rules, and Regulations (the most current fees shall apply) and the City of Anaheim Underground Policy. CR3853PK.DOC -3- PC2000-1 ~ ~ 11. That the legal property owner shall provide the City of Anaheim with a public utility easement to be determined as electrical design is cornpleted. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 12. That any required relocation of City electrical facilities shall be at the developer's expense. 13. That this church/private recreation facility shall not provide any day care services or establish a private school without first requesting' and obtaining approval of a conditional use permit from the City of Anaheim. 14. That the existing living quarters shall Ibe limited to one (1) family: and that no other residential facilities shall be provided on-site. 15. That there shall be no public address~ system or other exterior amplified audio system for this property. 16. That signage for this property shall be limited to a maximum twenty (20) sq.ft. sign in accordance with current Zoning Code standards; and that a sign plan shall be shall be submitted to the Planning Department, Zoning Divisio~, for Planning Commission review and approval as a"Reports and Recommendations" item. 17. That final exterior building elevation drawings shall be submitted to the Zoning Division for Planning Commission review and approval as a"Reports and Recommendations" item. The elevation drawings shall include design elements reflecting a high quality architectural style to compliment the neighboring single-family residences.. 18. That church-related operations and activities shall be limited to 8 a.m. to 9 p.m. during weekdays (Mondays through Fridays), and fromi 10 a.m. to 5 p.m. on weekends (Saturdays and Sundays). No formal worship services shall take place on this site. 19. That the private recreation facilities shall be used only by ministerial staff and the neighboring residents residing in the adjoining Tr~ct Nos. 3167 and 3168, and shall not be used by any outside organizations. Moreover, the private recreation facility shall only operate from 8 a.m. to 9 p.m. on weekdays (Mondays through Fridays~ and from 10 a.m. to 5 p.m. on weekends (Saturdays and Sundays). 20. That precise landscaping plans showing minimum fifteen (15) gallon sized broad-headed trees on maximum finrenty (20) foot centers along the property lines abutting residential uses shall be submitted to the Zoning Division for Rlanning Commission review and approval as a"Reports and Recommendation" item. Following approval, said landscaping shall be planted and provided with irrigation, and properly maintained th~reafter. 21. That subject pro,perty 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, 2 and 3, and as conditioned herein. 22. That this conditional use permit is granted subject to adoption of an ordinance in connection with the abandonment of the abutting public parking lot, now pending with the Public Works Department. 23. That prior to issuance of a building permit or within a period of one (1) year from the date of this (1) resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 6, 7, 16, 17, 20 and 22, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with 5ection 18.03.090 of the Anaheim Municipal Code. CR3853PK.DOC -4- PC2000-1 ~ ~~ 24. That prior to final building and zoning inspections, Condition Nos. 5, 8, 9, 10, 11 and 21, above-mentioned, shall be complied with. 25. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municip~l 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~,plicable ordinance, regulation or requirement. 26. That the uses approved in connection hnrith this conditional use permit shall be consistent with the Addendum to the Letter of Operation submitted by Vietnam Ministries, Inc., dated December 16, 1999, including the attachment thereto. 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 January 3, 2000. ,~,c~.ci ~ G~~2~ CHAIRPERSON, ANAHEIM ITY PLANNING COMMISSION ATTEST: . ~~~'~'(X~ SECRETARY, A HEIM CITY PLANNING COMMISSION 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 January 3, 2000, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: VANDERBILT IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of , 2000. a.C+~"U~ . SECRETA , ANAHEIM CITY PLANNING COMMISSION CR3853PK.DOC -5- PC2000-1