Resolution-PC 2004-38~ ~
RESOLUTION NO. PC2004-38
A RESOLUTION OF THE ANAHEIM C17Y PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT N0. 4111, AND
AMENDING CERTAIN CONDITIONS OFAPPROVAL OF RESOLUTION NO: PC99-70,
ADOPTED THEREWITH
1NHEREAS, on April 26, 1999, the Anaheim City Planning Commission, by Resolution
No. PC99-70 approved Conditional Use Rermit No. 4111 to retain a Buddhist temple and caretaker's residence
and to delete the requirement to construct a trash enclosure at 2780 West Lincoln Avenue - Korea Buddhist
Tempfe of Jung Hye; and
WHEREAS, said Resolution No. No. PC99-70 includes the following conditions of approvaL•
"1. That trash storage areas shall be provided and maintained in location(s) acceptable to the
Public Works Department, Streets and $anitation Division, and in accordance with
approved plans on file with said department. Said storage areas shall be designed, located
and sereened so as not to be readily identifiable from adjacent streets or highways. The
walls of the storage areas shall be protected from graffiti opportunities by the use of plant
materials such as minimum one (1) gallon sized clinging vines planted on maximum three
(3) foot centers and/or tall shrubbery. Said information shall be specifically shown on plans
submitted for building permits.
12. That subject use permit shall expire five (5) years from the date of this resolution, on April
26, 2004:'
WHEREAS, this property is currently developed with a 2,536 square-foot single-story temple
with sanctuary and offices, and a 2,298 square-foot single-story residence occupied by the abbot of the temple
(caretaker's residence), the underlying zoning is CL (Commercial, Limited); the Anaheim General Plan
designates this property for General Commercial land uses; and this property is located within the West
Anaheim Commercial Corridors Redevelopment Area; and is situated in the City of Anaheim, County of Orange,
State of California, described as:
THE WEST 100 FEET OF THE EST 424 FEET OF THE NORTH 288 FEET OF THE
NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 13,
TOWNSHIP 4 SOUTH, RANGE 11 WEST IN THE RANCHO LOS COYOTES, IN THE CITY
OF ANAHEIM, COUNTY OF ORANGE, S7ATE OF CALIFORNIA, AS PER MAP RECORDED
IN BOOK 51 PAGE(S) 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SA1D COUNTY.
EXCEPT THE NORTH 66.00 FEET THEREOF, AS GRANTED TO THE STATE OF
CALIFORNIA FOR HIGHWAY PURPOSES BY DEED RECORDED IN BOOK 3969 PAGE(S)
167, OFFICIAL RECORDS OF ORAfVGE COUNTY.
WHEREAS, the petitioner has requested reinstatement of this conditional use permit to retain a
Buddhist temple and caretaker's residence and to delete the requirement to construct a trash enclosure
pursuant to Code Sections 18.03.091 and 18.03.093 of the Anaheim Municipal Code; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City
of Anaheim on April 5, 2004, 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 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:
CR\PC2004-038 -1- PC2004-38
(Tracking No. CUP2004-04830)
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1. That theproposed use is properly one for which a conditional use permit is authorized by the
Zoning Code.
2. That granting this reinstatement, under the conditions imposed; will not be detrimental to the
peace, health, safety and general welfare of the citizens of the City of Anaheim.
3. That this conditional use permit is being exercised in a manner not detrimental to the particular
area and surrounding land uses, nor to the public peace, health, safety and general welfare.
4. That with regard only to the deletion of the time limitation, such deletion is necessary to permit
reasonable operation under the permit as granted.:
5. That this permit has been operating substantially in the same manner as originally approved by
the Commission, as evidenced by the Code Enforcement Division inspection indicating compliance with all the
conditions of approvaL
6. That ~here have been no changes to the applicable zone standards that would invalidate the
findings that were the basis for the original approval of this permit. :
7. That the modification to the condition pertaining to the trash enclosure is necessary to permit
the reasonable operation of the Buddhist Temple;'and has been found acceptable to the Streets and Sanitation
Division of the Public Works Department; and
8. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to retain a Buddhist temple and caretaker's residence and to delete the
requirement to construct a trash enclosure on this property; and does hereby find that the Negative Declaration,
previously approved, in connection with Conditional Use Permit No. 4111 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 approved Negative
Declaration together with any comments received during the public review process and further finding on the
basis of the initiat 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, in its entirety, Resolution No. PC99-70, adopted in connection with Conditional Use Permit No.
4111, to reinstate this conditional use permit without a time limit with the following conditions of approvaL•
1. That the site plan shall be maintained in conformance with the current version of Engineering Standard
Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations.
2. That the existing structures shall be maintained in 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.
3. That the hours of operation and number of persons on-site shall be limited to Sundays from 10:30 a.m.
to 1:30 p.m. with a maximum of 70 persons and Wednesdays from 6 p.m. to 7:30 p.m. with a maximum
of 15 persons.
4. 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.
5. That any tree planted on-site shall be replaced in a timely mannerin the event that it is removed,
damaged, diseased and/or dead. -
-2- PC2004-38
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6. Thatsignage for subject facility shall be limited to that shown on the exhibits submitted by the petitioner.
`' Any additional signage shall be subject to approval by the Planning Commission as a Reports and
Recommendations item. '
7. That the owner of the subject property shall submit a letter requesting the termination of Conditional Use :
Permit No. 1292 (to permit on premises sale and consumption of beer in a proposed dining room in
conjunction with an existing delicatessen with waiver of three foot landscaped setback) to the Zoning
Division.
8. 7hat no exterior or amplified bells shall be installed or utilized in conjunction with this facility: '
' 9. That subject property shall be developed substantia{fy 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 4, and as conditioned herein.
10. That within thirty (30) days from the date of this resolution, Condition No. 7 above-mentioned, shall be
complied with.
11. 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 Gity, 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.
THE FOREGOING RESOLUTION was adopted at e Planning Commission meeting of April 5,
2004. ~~ r7 ~~-~i/ O. ,:
RPERSON, ANAHEIM CITY PLANNI COMMISSION
ATTEST: J j
~1/
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior 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 April 5, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, EASTMAN, O'CONNELL, ROMERO, VANDERBILT-LINARES
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: SUFFA, FLORES
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of Y~~ ~,
2004. ~ ~, ~ _ -
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
PC2004-38