RES-9290 Approving Variance No. 2078-99RESOLUTION NO. 9290
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE UPHOLDING THE
RECOMMENDATION OF THE PLANNING
COMMISSION AND APPROVING A VARIANCE TO
ALLOW TANDEM PARKING SPACES, AND A
CONDITIONAL USE PERMIT TO ALLOW THE
EXPANSION OF AN EXISTING CHURCH
FACILITY, UPON PROPERTY LOCATED AT 1001
EAST LINCOLN AVENUE.
Variance 2078-
99 Conditional Use Permit
2306-99 Applicant: North Orange
Christian
Church RECITALS:After report thereon by the Planning Commission and after due public hearing
as required by law, and after receiving a recommendation from the Planning Commission
recommending by Resolution Nos. PC 18-00 and 19-00 that a variance allowing tandem
parking spaces and a conditional use permit allowing the expansion of an existing
church facility upon property located at 1001 E. Lincoln Avenue be approved, the
City Council considered said recommendations and the testimony received at said public hearing
and determined that the recommendations of the Planning Commission should be upheld
and Variance 2078-99 and Conditional Use
Permit 2306-99 should be approved.The real property which is the subject of
said Variance and Conditional Use Permit located at 1001 E. Lincoln Avenue
and is more particularly described as:Assessor's Parcel
Number 360-382-20, 360-375-12, 360-375-04, and the
abandoned portion of Main Street established by Instrument No. 91-445999 O.R.During its
public
hearing, the City Council found the facts more particularly set forth as follows:1.
The applicant, North Orange Christian Church, is proposing to construct a new 6,000 square foot
sanctuary and a new two-story classroom building, expand parking areas and a
children's play area,
2.
phases.
The applicant's expansion and improvement plans are proposed to occur in two
3.
The applicant will prepare a Parking Management Plan to provide for monitors to direct
traffic and ensure that the tandem parking spaces are properly used in order to address and ameliorate
parking and traffic concerns.4.
The environmental impacts of the proposal have been examined and it is determined
that, with the mitigation measures contained in Mitigated Negative Declaration 1615-99,
no nc;:gative effects will result.NOW,
THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that
Variance 2078-99 be approved for the following reasons:
1. The foregoing recitals are true and correct.
2. Use of tandem parking spaces is not detrimental to public health, safety, and
general welfare of visitors to the property or others in the vicinity.
3" The variance will not compromise the intent of the zoning regulations, which is to
provide usable parking spaces, as this particular property is used for a purpose in which staff
members who do not need ready ingress and egress from parking spaces will use the tandem
spaces, under the conditions of this variance.
4. There are special circumstances applicable to this property, including the
topography, and the historical nature of the buildings, which make the strict application of the
zoning regulation prohibiting tandem parking spaces burdensome.
5. The variance is granted subject to conditions ensuring that the variance does not
constitut(: a grant of special privileges, but takes into consideration the project and its impact
upon the neighborhood.
BE IT FURTHER RESOLVED by the City Council of the City of Orange that
Conditional Use Permit 2306-99 be approved for the following
reasons:
1. The foregoing recitals are true and correct.
2. The project is approved based upon sound principles of land use and in response
to service:s required by the community.
Reso No. 9290 2
3. The project conforms to the General Plan.
4. The project will not cause deterioration of bordering land uses or create special problems
for the area in which it is located.5.
The project has been considered in relationship to its effect on the community or neighborhood
plan for the area in which it is located and no negative effect has been found.6.
The conditional use permit is granted subject to conditions necessary to preserve the
general welfare and not the individual welfare of the applicant.BE
IT FURTHER RESOLVED that Variance 2078-99 and Conditional Use Permit
2306-99 be approved subject to the following
conditions:1. Within two (2) days of final Council approval of this project, the applicant shall deliver to
the Planning Division a cashiers check made payable in the amount of $38.00 to the
Orange County Clerk, as a filing fee to submit the Notice of Determination that is required
under Public Resources Code (Section 21152) and California Code of Regulations (Section
15075).If the applicant has not delivered the required fees within such two day period, approval
for tht~ project granted herein shall become
void.2. All plans shall conform in substance with those approved by the Planning Commission
and City
Council 3. The applicant agrees to indemnify, hold harmless, and defend the City, its officers,
agents and employees from any and all liability or claims that may be brought against the
city arising out of its approval of this permit, save and except that caused by City's
active
negligence.4. The applicant shall comply with all federal, state and local laws, including all
city regulations. Violation of any of those laws in connection with the use will be cause
for revocation of this
permit.5. These conditions will be reprinted on the cover sheet or first page of construction
plans,including grading plans, if
applicable.6. Prior to issuance of building permits, the applicant shall pay all applicable
fees.3 Reso No.
7. Per Fire Department requirements, provide fire sprinklers in all structures larger than 3,000
feet and install on-site fire hydrant(s) and mains capable of supplying the required fire
flow.8. Install a Fire Department approved key box for fire department access on the address side
of the building near the main entrance or fire control room at a height of 5 feet above
finished grade. The box shall contain keys to gain access to each building. (U.F.C. Section902.
4)9. Each building shall have separate water meters, unless otherwise approved by the
Water Department's Water
Manager.10. The Developer shall satisfy all water main connection, plan check and inspection charges
as determined by the Water
Department 11. To insure the site complies with the Chapter17.34 (Off-site ParkingILoading) of
the Orange Municipal Code, only one of the two sanctuaries may be used at anyone
time. The sanctuaries shall not be
used concurrently.12. Should additional parking be provided at a future date, in an amount shown to
be adequate,both sanctuaries may be used concurrently, provided a CUP Modification
application is approved by the Planning Commission (use of both sanctuaries constitutes an
expansion of the
church facility).13. Prior to issuance of Phase 2 permits, the Community Development Department
shall assess the project's parking requirements. The Department shall either approve the
project or schedule it for reconsideration by the
Planning Commission.14. To facilitate the parking assessment, the applicant shall provide to the Planning
Division the following information: (a) A detailed analysis of parking requirements for
Phase 2,addressing both "current needs" and "ultimate growth" scenarios; (b) A revised
site plan,depicting available church parking. The plan shall include any additional
parking provided on-site by parcel acquisition, or off-site by agreement. (c)
A Parking Management Plan,which shall be revised to address any new or unforeseen issues
that arise after the
construction of Phase 1.15. The applicant shall record a Covenant and Agreement and Declaration
of Restrictions, in a "form acceptable to the City Attorney, with the County Recorder, which
shall ensure the use of the:: property is continued in conformance with conditions
established by Variance 2078-99 and Conditional Use Permit 2306-99; including
the implementation and maintenance of
a City approved parking
16. The applicant shall maintain and implement a parking management plan. The Parking
Management Plan shall alleviate impacts created by peak parking uses. The Plan shall
address issues such as the location and management of tandem parking spaces; ingress/egress circulation
management; time between services; on-site parking monitors or valets; etc. The
form and content of the Management Plan shall require written approval by the Community
Dt~velopment Department's Planning Division. Significant changes in site activity shall
require the Plan to be revised and reviewed accordingly.
17. Weekday daycare or operation of full-time school curriculum shall require the approval of
a separate conditional use permit, per OMC ~ 17.08.
030.18. Prior to the issuance of a certificate of occupancy, the temporary trailers shall be
removed from the site per the phasing established by the submitted
plans.19. Obtain a grading permit from the Public Works Department prior to the start of
construction.The grading plan shall be designed to prevent drainage from the proposed parking lot
onto Lincoln
Avenue.20. Prior to the issuance of the grading permit, the applicant shall provide written evidence to
the Public Works Department that a qualifiedarchaeological/paleontologist has been retained
by thc~ applicant, in the event that an historical or unique resources is
uncovered.21. Prior to the issuance of grading permits, the Public Works Department shall
determine whether adequate sight distance is provided at all street and driveway intersections. The
plan shall be revised to the satisfaction of the Public Works Department. Revisions may
include,but shall not be limited to, driveway transitions and landscaping at Buena Vista Street. A
flat approach shall be provided at this drive per the recommendation on page 14 of WP A
Traffic Engineering, Inc's traffic analysis, dated January 14, 2000. If sight distances cannot
be adequately provided to the satisfaction of the Public Works Department prior to issuance of
a grading permit, then the proposed Buena Vista driveway shall be abandoned and replaced
by
parking.22. Prior to the issuance of a building permit, all parcels shall be consolidated. The
Public Works Department's Lot Line Adjustment procedure can be
used.
23. Modify striping on Lincoln Avenue to provide a separate left turn pocket at the new easterly
driveway, to the satisfaction of the City Traffic Engineer.
24. The Church shall clean up Orange Avenue and the shared alley after special events at the
Church.
5 Reso No. 9290
The following code provisions are applicable to this project and are included for
information only. This is not a complete list of requirements, and other code provisions may
apply to the project. _
Conditional Use Permit No. 2306-99 and Variance No. 2078-99 shall become void
if not used within two years of the date of City Council approval (OMC ~ 17.10.
030). Time extensions may be granted by the City Council for up to one year, pursuant
to OMC ~17.
08.060.Prior to issuance of building permits, the applicant shall pay all statutory
development fees,including but not limited to: Transportation System Improvement Program (
TSIP), City sewer connection, City Water connection, Orange County Sanitation
District sewer connection, Fire Facility, Police
Facility, etc.All grading shall be conducted in conformance with City Landform Grading
Concepts and
City standards.All buildings larger than 3,000 square feet shall install an approved fire
sprinkler system throughout the building perOMC 15.32.070 Section 1001.10. The system shall
be designed per N.F.P.A. 13, U.B.C. Chapter 9, u.B.C. Standards 9-1 and 9-
2. The sprinkler system
requires 24 hour supervision.The fire department connection shall not be affixed to the
building. The fire department connection must be located at least 40 feet away from the building, within 40
feet of a fire hydrant and on the address side of the building, unless otherwise
determined by the Fire Department. The hydrant shall be located in the same side of the street
as
the fire department connection.Provide on-site fIre hydrant(s) and mains capable of supplying
the required fire flow. The number of hydrants will be determined when the type of
construction of the buildings is provided. The hydrant model and on-site location shall
be approved by the Fire Department and have a three (3) foot minimum clearance around
the circumference of the fire hydrant.The on-site hydrants shall not be controlled by the control
valve (P.I.V.) for the sprinkler system so that water flow to the hydrants is not
impaired should the sprinkler system be shut down for any reason. (U.F.C. Sections 903 and
1001.7) The fire department connection shall not pressurize a hydrant. Plans must be
submitted to the
Building
Division of the Community Development Department.The Fire and Water Departments shall determine the
number and location of
Prior to the issuance of a fire service (detector check) the required water supplies for hydrants
and fire sprinkler systems shall be determined and the water supplies shall be approved by
th'e Fire Department.
Every building shall be accessible to fire department apparatus by an access roadway of not
less than 20 feet of unobstructed width having a minimum 13 feet 6 inches of vertical
clc~arance. The access roadway shall be extended to within 150 feet of all portions of the
exterior walls of the first story of any building. UF.C. sections 901 and 902.
All streets less than 36 feet wide shall be marked and signed fire lane. The markings and
signs shall be provided and installed per the City of Orange Fire Lane Standards.
D(~ad-end fire apparatus access roads in excess of 150 feet in length shall be provided
with approved provisions for the turning around of fire
apparatus.The fire department access roadway shall be an all weather driving surface capable
of supporting the imposed loads of fire apparatus, 50,000 pounds and shall not exceed the
angle of departure for fire apparatus on any
slope.The fIre department access roadway shall be provided with adequate turning radius for
fire department apparatus. (A 45 foot outside and 25 foot inside radius.) U.F.C.
Section 902.2.2.
3.Fire department emergency access must not exceed 12 percent grade. (U.F.C.
Section 902.2.2.
6.Provide a fire alarm system as required per UF.C. Article
10.City of Orange Ordinance 3-94 requires all roof coverings to be fire retardant U.
L. listed Class A. The eaves shall be fire stopped and enclosed with approved materials at
the eave ends to preclude entry of flame or embers under the roofing material. Openings
into attics,floors or other enclosed areas shall be covered with corrosion resistant wire mesh
less than one fourth inch, no more than one half inch in any dimension except where such
openings are equipped with sash or doors. In addition, a spark arrestor is required on
chimneys, maximum one half inch screen
required.ADOPTED the 13th day of June,
2000 of
Orange 7 Reso No.
ATTEST:
j~A'-d-
d Cassandra J. Cathcfu,l, City Clerk of the City of
Orange I hereby certify that the foregoing Resolution was duly and regularly adopted by the
City Council of the City of Orange at a regular meeting thereof held on the 13th day of June, 2000,
by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:CO~CILMEMBERS: MURPHY, SLATER, COONTZ, SPURGEON,
ALVAREZ CO~CILMEMBERS:
NONE CO~CILMEMBERS:
NONE CO~CILMEMBERS:
NONE d~-d"
X-Cassandra J. Ca art, CIty Clerk of the CIty of
Orange
MEB Reso No. 9290