Resolution-PC 2001-21~i ~j
RESOLUTION NO. PC2001-21
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2000-04289 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
THE SOUTHERLY 305.00 FEET OF LOT 67 OF TRACT NO. 2773, AS
SHOWN ON A MAP RECORDED IN BOOK 116, PAGES 244 TO 26
INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THE SOUTHERLY 160.00 FEET OF THE
EASTERLY 115.00 FEET THEREOF.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on February 12, 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 hear and consider evidence for and against said proposed conditional use permit and to
investigate and make findings and recommendations in connection therewith; and that the hearing was
continued from the meetings of December 18, 2000 and January 29, 2001; 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 proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.44.050.130 and 18.44.050.270 to permit a religious and cultural
education center (mosque) with waivers of the following:
(a) Sections 18.04.042.020
(b) Sections 18.06.050.020.021.0212
18.06.050.020.022
18.06.050. 020.026. 0262
18.06.050. 020. 026. 0263
18.06. 050. 020. 026. 0266
18.06.080
and 18.44.066.050
Required setbacks for institutional uses adjacent to
residential zones.
- Minimum number of parkinq spaces.
2. That waivers (a) and (b), required setbacks for institutional uses adjacent to residential
zones and minimum number of parking spaces, are hereby denied on the basis that, following public
notification, it was determined these waivers were not necessary.
3. That the proposed use is hereby approved, in part, to permit a cultural and educational
center with no daycare facilities or private school for children.
4. That the proposed use, as approved, will not adversely affect the adjoining land uses and
the growth and development of the area in which it is proposed to be located.
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5. That the size and shape of the site for the proposed use, as approved, is adequate to
allow full development of the proposal in a manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
6. That the traffic generated by the proposed use, as approved, will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the area.
7. That granting of 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.
8. That no one indicated their presence at the public hearing in opposition to the proposal;
that two concerned people spoke; and that a petition with 204 signatures was received in favor of the
proposal.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit a religious and cultural education center
(mosque) with waivers of required setback for institutional uses adjacent to residential zones and
minirnum number of p~rking spaces on an irregularly-shaped 1.97-acre property located at the southwest
corner of Crestwood Lane and Brookhurst Street, having frontages of 210 feet on the south side of
Cresfinrood Lane and 290 feet on the west side of Brookhurst Street, and further described as 1717 South
Brookhurst Street; and does hereby approve the Negative Declaration upon finding that the declaration
reflects the independent judgment of the lead agency and that it has considered the Negative Declaration
together with any comments received during the public review process and further finding on the basis of
the initial 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 grant subject Petition for Conditional Use Permit, in part, subject to the following conditions
which are hereby found to be a necessary prerequisite to the proposed use of the subject property in
order to preserve the safety and general welfare of the Citizens of the City of Anaheim:
1. That Certificate of Compliance No. 2000-00005 shall be approved by the City Engineer and
recorded in the Office of the Orange County Recorder.
2. That the developer shall install the necessary street lights on Brookhurst Street to the satisfaction of
the Electrical Engineering of the Public Utilities Department.
3. That no outdoor events shall be permitted.
4. That the legal property owner shall provide the City of Anaheim with a public utility easement for
electrical facilities. Said easement shall be submitted to the City of Anaheim prior to connection of
electrical service.
5. That since this project has landscaping areas exceeding two thousand five hundred (2,500) square
feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 of Anaheim
Municipal Code "Landscape Water Efficiency" and Ordinance No. 5349.
6. That trash storage area(s) shall be refurbished to the satisfaction of the Public Works Department,
Streets and Sanitation Division, to comply with approved plans on file with said Department; and
that the trash enclosure gates shall be painted by the developer. The trash enclosure(s) shall be
landscaped with minimum one (1) gallon sized clinging vines planted on maximum three (3) foot
centers to prevent graffiti opportunities; and that permanent irrigation facilities shall be provided for
said landscaping and properly maintained. Said information shall be specifically shown on plans
submitted for building permits.
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7. That three (3) foot high street address numbers shall be dispfayed on the roof of the building in a
color contrasting to the roof material. The numbers shall not be visible to the street or adjacent
properties. Said information shall be specifically shown on plans submitted for building permits.
8. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval showing conformance with the most current versions of Engineering Standard Plan Nos.
436 and 602 pertaining to parking standards and driveway locations. Subject property shall
thereupon be developed and maintained in conformance with said plans. Said information shall be
specifically shown on plans submitted for building permits.
That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses.
10. That this facility shall not be used as a private daycare, nursery, elementary, junior and/or senior
high school for children.
11. That the operation of this facility shall be limited to 6 a.m. to 9:30 p.m. daily, with a maximum of two
(2) employees.
12. That the number of congregants at any one time shall be limited to three hundred (300) adults. If
the number of congregants exceeds this number at any one time, the petitioner shall submit a
request for an amended conditional use permit, and shall submit a parking management plan to the
City Traffic and Transportation Manager for review and approval prior to consideration of the
amendment by the Planning Commission at a noticed public hearing.
13. 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.
14. That a landscaping and irrigation plan for the refurbishment of the landscaping on subject property
shall be submitted to the Zoning Division for review and approval. Said landscaping plans shall
include the following:
(a) Removal of the hedge.
(b) Planting of one (1), twenty four (24) inch box sized, tree for every twenty (20) feet of street
frontage along Brookhurst Street.
(c) Planting of vines adjacent to the block walls and trash enclosures.
(d) Installation of tree wells (diamond-shaped) to be planted with twenty four (24) inch box sized
trees on maximum twenty (20) foot centers along the west property line.
Said information shall be specifically shown on plans submitted for building permits. Any decision
made by the Zoning Division regarding the landscaping plan may be appealed to the Planning
Commission and/or City Council.
15. That the existing pole sign located directly in front of the subject building shall be removed. Said
removal shall be specified on plans submitted for building permits.
16. That a sign plan shall be submitted to the Zoning Division for review and approval by the Pfanning
Commission as a"Reports and Recommendations" agenda item. That either a monument-type sign
not exceeding eight (8) feet in height as measured from the grade of the sidewalk (subject to the
review and approval of the City Traffic and Transportation Manager to determine adequate
lines-of-sight) or a wall sign on the east building elevation facing Brookhurst Street shall be
permitted.
17. That the property owner shall resurface and re-stripe the parking lot for the entire shopping center.
Said information shall be specifically shown on plans submitted for building permits.
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18. That the owner of subject property shall submit a letter to the Zoning Division requesting
termination of Variance No. 1294 (to operate a children's dance studio at 1709 South Brookhurst
Street) and Conditional Use Permit No. 660 (to establish a training school for medical and dental
assistants at 1717 South Brookhurst Street).
19. That, if requested by the Community Services Department, the property owner shall plant street
trees and install an irrigation system within the Brookhurst Street right-of-way. Street tree and
parkway improvements information shall be submitted to the Community Service Department and
shall be installed prior to final building and zoning inspections.
20. That due to the change in use and/or occupancy of the building, plans shall be submitted to the
Building Division showing compliance with the minimum standards of the City of Anaheim, including
the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of
Anaheim. The appropriate permits shall be obtained for any necessary work.
21. That the recorded reciprocal parking agreement shall remain on the title to this property for the
duration of this conditional use permit.
22. That the property owner shall repair and refurbish the existing screening device for the roof-
mounted equipment; and that any existing and/or new roof-mounted equipment shall be screened
from adjacent public streets and nearby non-industrial properties. The specific repair/refurbishment
shall be shown on the plans submitted for building permits.
23. Tha~ the ow~e~loperator o~-tk~e pFOposed Eult~ral and celigious education facility shall not oppose
the assignment of customer parking spaces located directly in front of the abutting commercial retail
building.
24. 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 No. 1, and Exhibit Nos. 2 and 3, and as conditioned
herein.
25. That prior to commencement of the activity authorized by this resolution, or 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, 6, 7, 8, 14, 15, 16, 17, 18, 20, 22 and 28, herein-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.
26. That prior to final building and zoning inspections, Condition Nos. 2, 4, 5, 19 and 24,
above-mentioned, shall be complied with.
27. 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.
28. That the reconstructed driveway on Crestwood Lane shall be constructed with ten (10) foot radius
curb returns as required by the City Engineer in conformance with Engineering Standard No. 137.
Said information shall be speciflcally shown on plans submitted for building permits.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance
with each and all of the conditions hereinabove set forth. Should any such condition, 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
February 12, 2001.
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CHAIRPERSON, AN IM
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
PLANNING COMMISSION
I, Osbelia Edmundson, 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 February 12, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
- ABSENT: COMME~SIONERS: BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this ~ a-- day of
~--~ , 2001.
~3.~.~ `~-~-~--
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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