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Resolution-PC 2001-93• RESOLUTION NO. PC2001-93 • A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING RESOLUTION NO. PC99-221 ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 4166 WHEREAS, on December 6, 1999, the Planning Commission adopted Resolution No. PC99-221 to grant Conditional Use Permit No. 4166, in part, and permit construction of a cultural and meditation center with accessory caretakePs residence on property located at 610 South Sunkist Street (waivers of minimum rear yard setback, permitted encroachments into required yards and maximum fence height in the front yard were denied); and that the entitlement granted under this conditional use permit has not yet commenced; and WHEREAS, the property consists of three parcels with the center parcel containing a single-family residence and the other parcels being vacant; that the property is zoned RS-7200 (Residential, Single-Family); that the Anaheim General Plan designates the property for Low-Density Residential land uses; and that the property is located within the East Anaheim Community Planning Area; and WHEREAS, the petitioner has requested approval of revised plans (labeled Revision No. 1 of Exhibit Nos. 1 through 4) for the previously-approved cultural and meditation center with accessory caretaker's residence. 1IVH~REAS, the-Gity planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 2, 2001, 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 hsar and consider eviden~~ for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; 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 approved use, as proposed to be amended, authorized by Code Section 18.26.050.030. 2. That the proposed use, as amended, 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. That the size and shape of the site for the proposed use, as amended, is adequate to allow full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 41 Th~; ~tio ~~Mrr~ ~onaratpri t~v thg nrQ~~Sed use, as amended; will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because this facility, as revised, will provide 54 parking spaces which is 12 spaces (28%) more than required by Code (42 spaces). 5. That amending 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. Tracking No. CUP2009-04378 CR5130PK.doc -1- PC2001-93 • • 6. That the subject property has been maintained in a safe, clean, and aesthetically pleasing condition with no unremediated code violations, as confirmed by an inspection of the subject property by the Code Enforcement Division. 7. That no one indicated their presence at the public hearing in opposition to the proposal; that two concerned persons spoke at the public hearing, one in support of the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 4166 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the previously app~oved Negative Declaration together with any comments received during the public review process and further finding on the basis of the initiaf 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 IT RESOLVED that the Anaheim City Planning Commission does hereby amend Resolution No. PC99-221, adopted in connection with Conditional Use Permit No. 4166, to approve revised plans for the previously-approved cultural and meditation center with accessory caretake~'s residence; AND BE IT FURTHER RESOLVED that the Planning Commission does hereby amend the conditions of approval in their entirety to read as follows: That church activities shall only occur befinreen 10 a.m. and 7 p.m., as indicated in the submitted letter of operation. 2. That all church related activities shall be conducted entirely indoors, with the exception of allowing four (4) annual holiday festivals. 3. That no private school shall be operated in conjunction with this facility. 4. ~hat the water backflow equipment and any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division behind the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans submitted for building permits. 5. That since this project has landscaping area exceeding two thousand five hundred (2,500) square feet, a separate irrigation meter shall be installed and comply with Chapter 10.19 "Landscape Water Efficiency" of the Anaheim Municipal Code and Ordinance No. 5349. 6. That the existing three (3) foot high retaining wall adjacent to Sunkist Street shall be resurtaced with stucco to match the proposed building in color and texture. 7. That a photometric plan shall be submitted to the Police Department and Zoning Division for review and approval. Said plan shall show lighting of sufficient power to illuminate and make easily discernable the appearance and conduct of persons on or about the parking lot. When installed, said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the windows of nearby residences. 8. That no roof-mounted equipment shall be permitted. 9. That no required parking area shall be fenced or othecwise enclosed for outdoor storage uses. -2- PC2001-93 ! • 10. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with Engineering Standard Detail No. 137 pertaining to sight distance visibility and wall/fence locations near Sunkist Street. 11. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dies. 12. That all trees planted on-site shall be minimum twenty four (24) inch box sized. 13. That a Lot Line Adjustment plat to merge the three (3) existing parcels such that any new building and its improvements lie completely within one (1) parcel shall be submitted to the Public Works Department, Development Services Division, for review and approval by the City Engineer. The approval Lot Line Adjustment plat shail then be recorded in the Office of 4he O~ange Cauniy Recorder. 14. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 15. That the on-site landscaping and irrigation system shall be maintained in compliance with City of Anaheim standards. 16. Proposed Condition No. 16 was deleted at the July 2, 2001, P/anning Commission hearing. 17. That all existing water seFVices sMall con#orm #o cucrent Water Utility standards. Any existiog water services that are not approved by the Water Engineering Division for continued use shall be upgraded to current standards or abandoned by the developer. If existing services are no longer needed, #hey shall be abandoned by the developer. 18. That the private water well located on the subject property shall be abandoned if no longer in use, in accordance with the requirements of the Water Engineering Division. 19. That the legal owner of the subject property shall provide the City of Anaheim with a public utilities easement to be determined as electrical design is completed. 20. That plans shall be submitted to the Traffic and Transportation Manager for review and approval showing conformance with the most current versions 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. 21. That the two (2) existing mature trees adjacent to Sunkist Street shall be retained and maintained as part of this project. 22. That the owner of subject property shall submit a letter to the Zoning Division requesting ;~;;r;;~a±;~n ~f ~~a~;a~~p N~ 4~~~ (waiy~rs of location and orientation of buildings required site screening and minimum lot width to construct four single-family residences). 23. That the number of persons residing on-site shall not exceed five (5). 24. That a new six (6) foot high decorative concrete block wall shall be constructed to replace the existing chain link fence along the north property line. Said information shall be specifically shown on plans and submitted for building permits. 25. Proposed Condition No. 25 was deleted at the Ju/y 2, 2001, Planning Commission hearing. -3- PC2001-93 ~ ~ 26. 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 Revision No. 1 of Exhibit Nos. 1 through 4, and as conditioned herein; provided, however, that: (a) The monument sign shown on Revision No. 1 of Exhibit No. 1 shall not be permitted; and (b) Any wall and/or fence constructed in the required front setback along Sunkist Street shall not exceed three (3) feet in height as specified by the Zoning Code. 27. 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. 4, 7, 10, 13, 19, 20, 22 and 24, 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. 28. That prior to final building and zoning inspections, Condition Nos. 5, 6, 17, 18 and 26, above- mentioned, shall be complied with. 29. 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. July 2, 2001. THE FOREGOING RESOLUTION was adopted at the Planniyfg C~mmi~fion meeting of CHAIRPERSON, ANAH IM NING COMMISSION ATTEST: ~ ~.tJ~-~e~Yr-~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Fernandes, 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 July 2, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT nir~~c. ~nnnnniccinnlFqC: N(~NF ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this `~~ day of , 2001. SECRETARY, ANAH M CITY PLANNING COMMISSION -4- PC2001-93