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2004-223 RESOLUTION NO. 2004-223 A RESOLUTION OF THE CITY COUNCil- OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2004-04857. 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 within an existing residence with a separate accessory pastor's quarters upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 2 AS SHOWN ON PARCEL MAP RECORDED IN BOOK 71, PAGES 23 TO 24, FILED AUGUST 6, 1975, BEING A PORTION OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 23, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA; 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. PC2004-91 granting Conditional Use Permit No. 2004-04857; 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 in that (i) the hours of church services do not generally conflict with regular business hours of the commercial uses in the vicinity, (ii) the hours of church operations shall not extend beyond 10:00 p.m. of any day other than not to exceed ten (10) special church holidays per year, and (iii) a landscaped buffer shall be maintained adjacent to the west property line to protect the condominiums with a lighting plan to minimize light and glare. 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 in that the applicant has agreed to limit attendance to not more than forty (40) adults of driving age. 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 for the reason set forth in paragraph 3 above. 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 for the reasons hereinabove set forth. AND WHEREAS, the City Council does further find, after careful consideration of the action of the City Planning Commission and all 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 18.03.040 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 in that the property is of irregular shape and narrow width which differs from other property 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated Conditional Use Permit No. 2004-04857 be, and the same is hereby, granted permitting a church within an existing residence with a separate accessory pastor's quarters on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: - 2 - SECTION NO. 18.04.040.040 Minimum setback for institutional uses abutting: a residential zone boundary (15 foot wide setback required; 6 feet existing adjacent to the building and 6 feet proposed adjacent to the parking area) subject to the following conditions: 1. Deleted. 2. Deleted. 3. That the number of persons in the congregation at anyone time that are of driving age (sixteen (16) years of age and over) shall be limited to forty (40) persons. If the number of such congregates exceeds 40 members, at anyone time, the applicant shall then submit a parking management plan to the Traffic and Transportation Manager for review and approval at a noticed public hearing. 4. That church activities shall end before 10 p.m., except on special church holidays (not exceeding ten (10) days per year). 5. That no outdoor church services shall be permitted. All services shall be conducted within the building at all times. 6 That Building A shall only be used as a pastor's residence with no church uses (i.e., office uses) for the church. If Building A is used for any church purposes, this Conditional Use Permit shall be amended at a noticed public hearing to include the additional square footage of the residence. 7. That gates shall not be installed across any driveway in a manner, which may adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan No. 475 and shall be subject to the review and approval of the City Traffic and Transportation Manager. 8. That plans shall be submitted to the City Traffic and Transportation Manager for his 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. 9. That the driveway on Ball Road shall be reconstructed to accommodate ten (10) foot radius curb returns in conformance with Engineering Department Standard No. 115. Said information shall be specifically shown on plans submitted for building permits. 10. Deleted. - 3 - 11. That trash storage areas shall be provided and maintained in a location 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 I-gallon size clinging vines planted on maximum 3-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. The revised trash enclosure location requires Planning Department and Public Works Department, Streets and Sanitation Division approval. 12. That any water backflow equipment and any other large water system equipment shall be installed to the satisfaction of the Water Utility Division behind the street setback area in a manner fully screened from all public streets and alleys. 13. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonments of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department. 14. That address numbers shall be placed on the building as to be readily visible from Ball Road in order to facilitate emergency vehicle response. Said information shall be specifically shown on plans submitted for building permits. 15. That adequate lighting of parking lots, driveways, circulation areas, and grounds contiguous to buildings shall be provided with decorative lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property and vehicles onsite and shall not unreasonably illuminate the windows of the adjacent residences. That the minimum lighting level in the parking lot shall be one-foot candle, with a maximum to minimum ratio no greater than 15: 1 and the light standards shall not exceed a height of 12 feet. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 16. That a Burglar/Robbery Alarm permit application, Form APD 515 shall be obtained from the Police Department and submitted in a complete form. 17. That a Fire Emergency Listing Card; Form APD-281 shall be obtained from the Police Department and submitted in a complete form. 18. That prior to the start of any parking lot construction activities the applicant shall submit a Water Quality Management Plan (WQMP) prepared by a registered professional Civil Engineer in the State of California consistent with the requirements of Section 7 and Exhibit 7.11 of the Orange County Drainage Area Management Plan (DAMP) for New Development/Significant Redevelopment projects. The WQMP shall: identify potential sources of pollutants during the long-term on-going maintenance and use of the proposed project that - 4 - could affect the quality of the stormwater runoff from the project site; define Source Control, Site Design, and treatment Control (if applicable) best management practices (BMP's) to control or eliminate the discharge of pollutants into the surface water runoff; and provide a monitoring program to address the long-term implementation of and compliance with the defined BMP's. 19. That prior to the start of any parking lot construction activities, the applicant shall submit a Grading Plan prepared by a registered professional Civil Engineer in the State of California consistent with the requirements of Chapter 17.04 of the Anaheim Municipal Code. The grading plan shall be submitted to the Department of Public Works, Development Services Division for review and approval. A grading permit is required for cut or fills exceeding 500 cubic yards. Allow at least 8 weeks to obtain a grading permit. 20. That a landscape plan for the entire site shall be submitted to the Planning Services Division of the Planning Department indicating type, size and location of existing and proposed refurbished landscaping and irrigation for review and approval. Any decision by staff regarding the landscaping may be appealed to the Planning Commission as a Reports and Recommendations item. Once approved, the landscaping shall be installed and maintained in accordance with the plan. 21. 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 Exhibits Nos. 1,2 and 3, and as conditioned herein. 22. That prior to issuance of a building permit, commencement of the activity authorized by this resolution or within a period of one (1) from the date of this resolution, whichever occurs first, Condition Nos. 8,9, 11, 14, 15, 18, 19 and 20 above-mentioned shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.40.040.040 and 18.42.040.010 of the Anaheim Municipal Code. 23. That prior to final building and zoning inspections or commencement of the activity authorized by this resolution, Condition Nos. 12, 16, 17 and 21, as mentioned, shall be complied with. 24. 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 - 5 - void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 9th day of November, 2004, by the following roll call vote: AYES: Mayor Pringle, Council Members Chavez, Tait NOES: Council Members McCracken, Hernandez ABSENT: None ABSTAIN: None By MAYOR OF THE ATTEST: C~~F~~ 56435.] - 6 -