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2000-246RESOLUTION NO. 2000R-246 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 200~ 04253. WHEREAS, the City Planning Com~mission 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 parking lot expansion for an existing church facility upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THAT PORTION OF LOT 8 OF THE ANAHEIM HOMESTEAD TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, BOOK 26, PAGE 10 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY, RECORD OF LOS ANGELES COUNTY, CALIFORNIA, LYING NORTHERLY OF THE FOLLOWING DESCRIBED REAL PROPERTY: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF SAID LOT WITH THE NORTHERLY LINE OF BEVERLEY DRIVE 50,00 FEET IN WIDTH, AS SHOWN ON A MAP OF TRACT NO. 1833, RECORDED IN BOOK 51, PAGE 29 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY OF ORANGE; THENCE NORTH 79 DEGREES 43' 04" WEST, ALONG SAID NORTHERLY LINE, 105.82 FEET; THENCE SOUTH 89 DEGREES 43' 45" WEST, ALONG SAID NORTHERLY LINE AND ITS WESTERLY PROLONGATION 282.45 FEET TO THE WEST LINE OF SAID LOT, SAID WEST LINE BEING THE CENTERLINE OF LOARA STREET; THENCE NORTH 0 DEGREES 16' 55" WEST, ALONG SAID WEST LINE AND SAID CENTERLINE, 116.27 FEET TO A LINE MEASURED AT RIGHT ANGLES TO THE CENTERLINE OF LOARA STREET AND DISTANT SOUTH 0 DEGREES 16' 55" EAST, 400.96 FEET; MEASURED ALONG THE CENTERLINE OF SAID LOARA STREET FROM THE CENTERLINE OF WESTMONT DRIVE; THENCE NORTH 89 DEGREES 43' 05" EAST, ALONG SAID LINES OF SAID LOT THENCE SOUTH 3 DEGREES 17' 25" EAST, ALONG SAID WEST LINE, 133.91 FEET 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. PC2000-111 denying Conditional Use Permit No. 2000-04253; 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 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- 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. 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. AND WHEREAS, the City Council does further find that the requirement for a conditional use permit for the proposed expansion of a parking lot in conjunction of an existing church use does not impose a substantial burden on the exercise of religion within the meaning of the Religious Land Use and Institutionalized Persons Act of 2000 for the following reasons: 1. The conditional use permit requirement is only for a parking lot and will not affect the previously approved church use; 2. There is a compelling governmental interest in regulating parking lots for institutional uses in order to control noise, fumes, lights and the safety of vehicular access and circulation; and 3. The regulation of parking lots by conditional use permit in conjunction with approved institutional uses is the least restrictive means of furthering said compelling governmental interest and protecting the public peace, health, safety and general welfare. 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. 2000-04253 be, and the same is hereby, granted permitting a parking lot expansion for an existing church facility on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: -3- (a) Sections 18.04.042.020 and 18.24.063.030 Institutional uses adjacent to residential zones. (minimum 15 foot landscaped setback required between institutional uses, including church parking lots, and residential zones; 5 to 7~ feet proposed adjacent to RS-10,000 "Residential, Single- Family' zoning to the south) (b) Section 18.04.060050 Minimum parkinq lot landscapinq. (2 trees, each in a minum 48 square foot planters required; none proposed) subject to the following conditions That the driveway in front of 1508 West Westmont Drive shall be removed and replaced with curb and gutter per City standards. o That a six (6)-foot high decorative masonry block wall shall be constructed and maintained along the east and south property lines, excepting the front setback where the wall height shall not exceed three (3) feet; 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 5-foot centers, irrigated and maintained, adjacent to the inside of said wall. That any tree planted on-site shall be manner in the event that it is removed, and/or dead. replaced in a timely damaged, diseased That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. Se That a landscape and irrigation plan for subject property showing non-deciduous trees adjacent to the east and south property lines shall be submitted to the Zoning Division for review and approval. Any decision made by the Zoning Division regarding said plan may be appealed to the Planning Commission. -4- 10. 11. 12. 13. That the front landscaped setback shall be a minimum of 25 feet in width, shall include a minimum 3 foot high shrub screen adjacent to the wrought iron fence and shall be planted and irrigated with a minimum of three (3), 24-inch box sized trees located on maximum twenty (20) foot centers, provided, however, that the City Traffic and Transportation Manager may modify this requirement to ensure adequate vehicular and pedestrian visibility. That the landscape planters shall be permanently maintained with live and healthy plant materials. That the locations for any future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted to the City. Plans shall also identify the specific screening treatments 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. That any parking lot lighting fixtures shall be decorative and shall be down-lighted with a maximum height of twelve (12) feet. Said lighting fixtures shall be directed away from adjacent residential property lines to protect the residential integrity of the area. That any required relocation of City electrical facility shall be at the developer's expense. That the legal property owner shall provide the City of Anaheim with a public utility easement to be determined as electrical design is completed. Said easement shall be submitted to the City of Anaheim Electrical Engineering Division of the Public Utilities Department That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval in conformance with the current version of Engineering Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway location. Subject property shall thereupon be developed and maintained in conformance with said plans. That since this project has landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed in compliance with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim Municipal Code. -5- 14. 15. 16. 17. 18. 19. 20. 21. That the trees adjacent to the south and east property lines shall be planted and maintained in a manner to provide an effective visual buffer to the adjacent residential properties. That this property (1508 West Westmont) shall be used only for purposes of parking for the church located at the southeast corner of Westmont Drive and Loara Street, and occasional use of Westmont Elementary school, and shall only be used between the hours of 8:00 a.m. and 10:00 p.m. No other activities shall occur on this property. It shall be the responsibility of the property owner of the church to ensure compliance with this condition. That the property owner shall notify the adjacent property owners to the east and south in writing two weeks prior to the date of fence demolition/construction. Said fence demolition/construction shall take place after January 20, 2002 and shall not exceed a duration of two (2) weeks. That there shall be a minimum 15 foot wide planter across the east property line and a 5 to 7.5 foot wide planter across the south property line. Said planters shall be fully irrigated and each shall be planted with a minimum of four (4) 24-inch box size non-deciduous, non-coniferous, broad-headed trees (8 trees total). There shall be a six (6) foot high block wall behind said planters of a similar material and color to closely match the surrounding fences. That the planter area between the existing parking lot and expanded parking lot shall be fully irrigated and shall be planted and maintained with a minimum of four (4) 24-inch box size trees. That all conditions of approval of Conditional Use Permit (Special Use Permit) No. 67 shall remain in full force and effect. That emergency vehicular access shall be provided and maintained in accordance with Fire Department specifications and requirements. 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 and 2, and as conditioned herein. -6- 22. That prior to commencement of the activity authorized by this resolution, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 5, 6, 8, 9, 11, 12, 13, 14, 17, 18, 20 and 21, 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. 23. 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. 24. That, if the City of Anaheim Police Department or the Code Enforcement Division of the Planning Department receives complaints of nuisance activities occurring on the church parking lot during hours when the church is not open for services or other authorized church events, and the Planning Director determines that, due to the significance and/or frequency of such complaints, activities are occurring on the church parking lot (whether or not such activities are authorized by or with the knowledge of the property owner) which activities may be detrimental to the quiet enjoyment and use of one or more of the adjacent residential properties, a report shall be submitted to the City Planning Commission and/or City Council describing such activities and making recommendations relating thereto. Thereafter, the City Planning Commission and/or City Council may conduct a duly noticed public hearing to consider modification of the conditions of this conditional use permit to require remedial measures to eliminate such activities including, without limitation, closing of parking lot accesses at times the church is not in use. 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. -7- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 14th day of November, 2000. ATTEST: M~ C~I Y OF ANAHEIM IC~ CL~RK OF THE CITY OF ANAHEIM 37896.1 -8- 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-246 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 14th day of November, 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 C-~TY CLEF~'~ OF THE CITY OF ANAHEIM (SEAL)