Loading...
94-244 RESOLUTION NO. 94R-244 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3699. 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 8,355 sq. ft. church including loft seating, a 6,900 sq.ft., 2-story, social hall with basement and a 30-foot high bell tower, upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 1, AS SHOWN ON PARCEL MAP NO. 89-135, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP RECORDED IN BOOK 246, PAGE(S) 1, 2, 3 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; 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. PC94-98 granting Conditional Use Permit No. 3699; 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. 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 the hereinafter specified 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 waiver (A) is hereby approved on the basis that there are special circumstances applicable to the property consisting of its size which does not apply to other identically zoned properties in the vicinity because the proposed dome topped by a cross will be located at least 80 to 100 feet from the closest residential zoning (to the north and south); 2. That waiver (B) is hereby approved on the basis that strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity because nearby and adjacent properties have front setbacks similar to the proposed 35-foot setback from West Street; 3. That waivers (C), (D) and (E) are hereby approved on the basis that there are special circumstances applicable to the property consisting of its location which does not apply to other identically zoned properties in the vicinity because subject waivers pertain to the northwest property line of subject property which abuts the approximately 80-foot wide Carbon Creek Flood Control Channel, and that the actual setbacks from the social hall and trash enclosure to properties on the other side of the channel will range from approximately 90 to 100 feet; 4. That waiver (F) is hereby granted on the basis that there are special circumstances applicable to the property consisting of it size which does not apply to other identically zoned properties in the vicinity because the proposed sign will be located on a 2% acre parcel with a 222-foot frontage along West Street and its size and frontage is significantly larger than existing lots in the area (~ acre or smaller with 75-foot frontages) and, therefore, the proposed monument sign will have a minimal visual impact on nearby residences; - 2 - 5. That waiver (G) is hereby granted on the basis that there are special circumstances applicable to the property consisting of its size and shape which do not apply to other identically zoned properties in the vicinity because the parking area will be located more than 150 feet from the street and the proposed landscaping along West Street will be in excess of 35 feet deep and, therefore, the parking lot is minimally visible from West Street and will be screened by the landscaped setback; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 3699 be, and the same is hereby, granted permitting a 8,355 sq. ft. church including loft seating, a 6,900 sq.ft., 2-story, social hall with basement and a 30-foot high bell tower, on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: Sections 18.04.030.028 Maximum structural heiqht. and 18.25.062.010 (35 feet permitted; ~0-foot high dome topped by a cross of undetermined heiqht proposed) Section 18.25.063.010 - Minimum front yard setback. (25% [80 to 105 feet] of lot depth required; 9% to 16% [35 to 70 feet] proposed) Sections 18.04.042.020 - Minimum setback of institutional uses adiacent and 18.25.063 to a residential zone. (15 feet required to RS-10,000 zoning to the south; 10 feet proposed) Section 18.25.063.030 - Minimum rear yard setback. (25 feet to west property line required; 10 feet to trash enclosure and 18 to 46 feet to social hall proposed) Sections 18.04.043.103 - Permitted accessory buildings. 18.25.064.020 1-story detached accessory buildin~ permitted in and 18.25.065.020 25-foot rear setback; 2-story detached building proposed with 18-foot setback) Sections 18.05.080 - Permitted signs. and 18.25.067.010 (one 1 sq.ft. nameplate sign permitted, one 17-square foot monument sign proposed; and 8939.1\JWHITE\$eptember 29, 1994 - 3 - roof-mounted signs not permitted, one roof-mounted cross proposed) Sections 18.04.060.050 - Required parking lot landscaping. and 18.06.030.040 (Required: one averaqe 48- sq.ft. planter containing a minimum 15-gallon tree to separate every 10 contiquous parkinq spaces; Proposed: non~) subject to the following conditions: 1. The developer shall either (a) purchase the City property (which is incorporated into the approved site plan) from the city of Anaheim or (b) enter into a lease agreement as approved by the city. The developer shall submit a purchase or lease offer, based on an appraisal, to the Real Property Section for review and approval by the City Council. In the event the sale or lease is not approved, the site plan shall be revised to eliminate the City-owned parcel. 2. That prior to grading plan approval, the developer shall submit a water quality management plan (WQMP) specifically identifying best management practices that will be used on site to control predictable pollutants from stormwater runoff. The WQMP shall be submitted to the Public Works Department, Development Services Division, for review and approval. 3. That a fee, in the amount of two hundred eighty five dollars ($285) per one thousand (1,000) sq.ft. of building area, shall be paid to the City of Anaheim for sewer capacity mitigation. 4. 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 6. 5. 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. 1 and 3, 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. 6. That prior to final building and zoning inspections, Condition Nos. 4 and 13, herein-mentioned, shall be complied with. 7. 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, 8939.1\JWHITE\September 29, 1994 -- 4 - 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. 8. That the church services shall be limited to one weekday service (beginning at 9:00 a.m.) and one Sunday service (beginning at 10:00 a.m.). This condition shall not preclude special religious services on holy days. 9. That there shall be no overlapping activities in the church and social hall (with the exception of Sunday school activities). 10. That this conditional use permit does not include approval of any school, child care facility or playground. 11. That subject church shall be allowed evening operations for committee meetings with a maximum attendance of fifty (50) persons. The church shall be allowed a maximum of fifty two (52) evening events that would accommodate the total congregation. The events shall end early enough so that the parking lot is empty by 9:30 p.m. 12. That the stairway located on the north side of the social hall shall be used for emergency exit purposes only. The door shall be kept closed during events. 13. That the property owner/developer shall install a device (i.e. vehicular access gate or fence) to control vehicles entering the site after hours. 14. That the bell tower may be used at 12 noon and 6 p.m. seven days a week, and for call to service on Sundays. 15. That the dome and cross shall not be illuminated. 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. 8939.1\J%4~ITE\$eptember 29, 1994 - 5 -- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 27th day of September, 1994. CITY CLERK OF THE CITY OF ANAHEIM 8939.1\JWHITE\$eptember 29, 1994 6 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. 94R-244 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 27th day of September, 1994, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Pickler, Hunter, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Simpson AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-244 on the 28th day of September, 1994. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 28th day of September, 1994. 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. 94R-244 was duly passed and adopted by the City Council of the City of Anaheim on September 27, 1994. CITY CLERK OF THE CITY OF ANAHEIM