Resolution-PC 2004-27~
RESOLUTION NO. PC2004-27
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING RECOLUTION NO. PC95-155, ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 3796
WHEREAS, on November 27, 1995, the Anaheim City Planning Commission did, by its
Resolution No. PC95-155, grant Conditional Use Permit No. 3796 to construct a 2,752 sq.ft. chapei and 634
sq.ft. family waiting room in conjunction with an existing church on 2.1 acres at 909 South Dale Avenue with
waivers of minimum setback between an institutional use and residential zoning, and minimum number of
parking spaces; and that said property is developed with a church and associated facilities (Orange County
Buddist Church) in the RS-A-43,000 (Residential/Agricultural) Zone; and
WHEREAS, the petitioner has requested an amendment to Conditional Use Permit No. 3796
to expand church-related activities onto an adjacent 0.56-acre parcel located at 2823 West Ball Road by the
construction of a new accessory parking lot with waivers of minimum setback for institutional uses abutting a
residential zone, minimum landscaped setback adjacent to an arterial highway and maximum fence height;
and that said 0.56-acre property, which is currently vacant and undeveloped, is zoned RS-A-43,000
(Residential/Agriculturai); and
WHEREAS, the petitioner has submitted a Legai Description for that certain 0.56-acre parcel
located at 2823 West Ball Road and situated in the City of Anaheim, County of Orange, State of California,
described as:
THAT PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE RANCHO LOS COYOTES, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 51 PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE EAST 5 ACRES OF SAID SOUTH
HALF; THENCE ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF
SECTION 13, SOUTH 89°59'15" WEST, 110 FEET TO THE SOUTHEAST CORNER OF
THAT CERTAIN LAND DESCRIBED IN DEED TO WILLIAM H. BRINING RECORDED MAY
31, 1956 IN BOOK 3530 PAGE 20, OFFICIAL RECORDS OF SAID ORANGE COUNTY;
THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID LAST MENTIONED LAND,
279.86 FEET TO THE SOUTHERLY LINE OF TRACT NO. 2228, AS SHOWN ON A MAP
RECORDED IN BOOK 69 PAGES 34 THROUGH 37 INCLUSIVE OF MISCELLANEOUS
MAPS, RECORDS OF SAID ORANGE COUNTY; THENCE EASTERLY ALONG SAID LAST
MENTIONED SOUTHERLY LINE AND SOUTHERLY LINE OF THAT CERTAIN LAND
DESCRIBED IN A DEED OF VANDRUFF HOMES, INC., RECORDED MAY 5, 1955 IN
BOOK 3056 PAGE 47, OFFICIAL RECORDS, A DISTANCE OF 110 FEET TO THE
WESTERLY LINE OF SAID EAST 5 ACRES; THENCE SOUTHERLY ALONG SAID LAST
MENTIONED LINE TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM BY DEED RECORDED MARCH 7, 2002 AS INSTRUMENT NO.
20020194364 OF OFFICIAL RECORDS, THAT PORTION OF THE SOUTH HALF OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP
4 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE
RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 11 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED
AS FOLLOWS:
Tracking No. CUP2003-04824
cr\PC2003-027.doc -1-
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COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 13, SAID CORNER
ALSO BEING THE CENTERLINE OF BALL ROAD AND DALE AVENUE; THENCE ALONG
THE SOUTHERLY LINE OF SAID SECTION AND CENTERLINE OF SAID BALL ROAD,
SOUTH 89°59'15", WEST 333.25 FEET TO A POINT ON THE WESTERLY LINE OF THE
EAST 5 ACRES OF SAID SOUTH HALF AS SHOWN ON A RECORD OF SURVEY
RECORDED IN BOOK 19 PAGE 8 OF RECORD OF SURVEYS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY; THENCE NORTHERLY ALONG SAID
WESTERLY LINE, NORTH 00°09'35" EAST, 30 FEET TO A LINE PARALLEL WITH AND 30
FEET NORTHERLY OF THE SOUTHERLY LINE OF SAID SECTION 13, SAID POINT ALSO
BEING THE TRUE POINT OF BEGINNING; THENCE WESTERLY ALONG SAID
PARALLEL LINE SOUTH 89°59'15" WEST, 110 FEET TO THE EASTERLY LINE OF THE
LAND DESCRIBED IN A DEED TO WILLIAM H. BRINING AND GOLDIE BRINING,
RECORDED MAY 31, 1956 IN BOOK 3530 PAGE 20 OF OFFICIAL RECORDS OF SAID
ORANGE COUNTY; THENCE NORTHERLY ALONG SAID EASTERLY LINE NORTH
00°09'35" EAST, 23 FEET TO A LINE PARALLEL WITH AND 53 FEET NORTHERLY OF
SOUTHERLY LINE OF SAID SECTION 13; THENCE EASTERLY ALONG SAID PARALLEL
LINE NORTH 89°59'15" EAST, 110 FEET TO THE WESTERLY LINE OF SAID EAST 5
ACRES; THENCE SOUTHERLY ALONG SAID WESTERLY LINE SOUTH 00°09'35" WEST,
23 FEET TO THE TRUE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on February 9, 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
(Zoning Procedures-Amendments, Conditional Use Permits and Variances), to hear and consider evidence
for and against said proposed amendment and to investigate and make findings and recommendations in
connection therewith; and that the public hearing was continued to the March 8, 2004 Planning Commission
meeting; 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 use, as proposed to be amended, is authorized by Section 18.03.092 (Termination
or Modification of Conditional Use Permits or Variances-Grounds) and subsection 18.21.050.110 of Section
18.21.110 (Conditional Uses and Structures in the RS-A-43,000 Zone) of the Anaheim Municipai Code to wit:
to construct a new accessory parking lot at 2823 West Ball Road contiguous to, and for, an existing Buddhist
Church at 909 South Dale Avenue, with the following waivers:
(a) Sections 18.04.042.020 - Minimum setback for institutional uses abutting a residential zone.
and 18.21.063 (15 feet required; 5 feet proposed between the proposed parking
lot and RM-1200 (Residential, Multiple-Family) zoning to the west)
(b) Section 18.21.063.010 - Minimum landscaqed setback adiacent to an arterial hiqhwav.
(25 feet required along Ball Road; 10 feet proposed)
(c) Sections 18.04.043.100.101(a) - Maximum fence heiqht.
18.21.063.010 (3-foot high fence permitted in the required 25-foot setback along
and 18.21.064.090 an arterial highway;
6-foot hiah wrouqht iron fence proposed 10 feet from Ball Road)
2. That this conditional use permit, as originally granted, has not been exercised so as to be
detrimental to the public health or safety, or so as to constitute a nuisance.
3. That the proposed reduction in residential density, which will result from developing an RS-A-
43,000 (Residential/Agricultural) zoned property with a non-residential use, is consistent with the Anaheim
General Plan, including the Housing Element.
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4. That the remaining housing sites identified in the Housing Element are adequate to
accommodate the City's share of the regional housing need pursuant to Government Code Section 65584.
5. That the proposed amendment, including the imposition of additional conditions, is reasonably
necessary to protect the pub~ic peace, health, safety or general welfare, and necessary to permit reasonable
operation of the use as originally granted under this conditional use permit.
6. That there are special circumstances applicable to this property consisting of its location and
surroundings, which do not apply to other identically zoned properties in the vicinity, because development of
the property in accordance with the existing RS-A-43,000 (Residential/Agricultural) Zone standards is not
practical given that the intent of the RS-A-43,000 Zone is as either a"holding zone" in anticipation of future
non-residential zoning and development, or for agricultural production with accessory single-family
residences; and that since there are no existing single-family residences adjacent to the frontage of this
property along Ball Road, applying the RS-A-43,000 Zone standards would not be appropriate; and that the
residential building to the west will be separated from the proposed parking lot by an existing 10-foot wide
drive aisle in addition to the proposed 5-foot landscaped setback and a 6-foot high block wall on subject
property, thereby providing a minimum 15-foot separation between the adjacent apartments and the parking
lot.
7. That strict application of the Zoning Code would deprive the property of privileges enjoyed by
other properties under identical zoning classification in the vicinity, including a church at 2885 West Ball
Road which is identically zoned including a conditional use permit to establish a church with a setback
waiver.
8. That the use, as proposed to be amended, will not adversely affect the adjoining land uses and
the growth and development of the area in which it is located.
9. That the size and shape of the site for the use, as proposed to be amended, 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.
10. That the traffic generated by the use, as proposed to be amended including limiting access to
the parking lot from Ball Road, will not impose an undue burden upon the streets and highways designed
and improved to carry the traffic in the area.
11. 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.
12. That no one indicated their presence at the public hearing in opposition to the proposal, and no
correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to amend Conditional Use Permit No. 3796 by the construction of an
accessory parking lot on a parcel at 2823 West Ball Road for use by the existing Buddhist Church on an
adjacent parcel at 909 South Dale Avenue with waivers of minimum setback for institutional uses abutting a
residential zone, minimum landscaped setback adjacent to an arterial highway and maximum fence height
on property consisting of a rectangularly-shaped 2.1-acre property at 909 South Dale Avenue having a
frontage of 420 feet on the west side of Dale Avenue, a maximum depth of 288 feet and being located 218
feet north of the centerline of Ball Road, and a rectangularly-shaped 0.56-acre property at 2823 West Ball
Road having a frontage of 110 feet on the north side of Ball Road, a maximum depth of 227 feet and being
located 322 feet west of the centerline of Dale Avenue; and does hereby approve the Negative Dec~aration
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.
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby amend Resolution No. PC95-155, adopted in connection with Conditional Use Permit No. 3796, to
permit construction of a new accessory parking lot on property located at 2823 West Ball Road contiguous
to, and for use by, the existing Buddhist Church at 909 South Dale Avenue, and does also approve waivers
of (a) minimum setback for institutional uses abutting a residential zone, (b) minimum landscaped setback
adjacent to an arterial highway and (c) maximum fence height; and
BE IT FURTHER RESOLVED that the legal description contained in Resolution No. PC95-
155 is hereby amended by the addition of the Legal Description contained in this resolution; and
BE IT FURTHER RESOLVED that the conditions of approval contained in Resolution No.
PC95-155 are hereby amended by adding thereto the following new conditions:
9. That the existing driveways on Dale Avenue that serve the primary church facility shall remain open
during hours of operation; and that the driveway on Ball Road shall only be used for egress and
emergency access.
10. That the City Traffic and Transportation Manager shall have the authority to reduce the height of the
proposed six (6) foot high walls to protect visual lines-of-sight where pedestrian and/or vehicular
circulation intersect. Clinging vines to eliminate graffiti opportunities shall be planted adjacent to said
walls on maximum five (5) foot centers, and shall thereafter be properly irrigated and maintained. Said
information shall be specifically shown on plans submitted to the City for review and approval.
11. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the current versions of Engineering Standard Plan Nos. 436, 601 and 602
pertaining to parking standards and driveway locations. Subject property shall thereupon be developed
and maintained in conformance with the approved plans.
12. That appropriate reflective material shall be installed on the gate across the driveway on Ball Road.
Said information shall be specifically shown on plans submitted to the Traffic and Transportation
Manager for review and approval.
13. 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.
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 landscaping planters shall be permanently maintained with live and healthy plants.
16. That any proposed water backflow equipment shall be located above ground and outside the required
street setback in a manner fully screened from all public streets. Any other large water system
equipment shall be installed to the satisfaction of the Water Engineering Division in either underground
vaults or outside the required street setback area in a manner fully screened from all public streets.
Said information shall be specifically shown on plans submitted to the City and approved by Water
Engineering and Cross Connection Inspector.
17. That any requests for new water services or fire lines, as well as any modifications, relocations or
abandonments of existing water services and fire lines, shall be coordinated through the Water
Engineering Division of the Anaheim Public Utilities Department.
18. That all existing water services and fire lines shall conform to current Water Services Standard
Specifications. Any water service and/or fire line that does not meet current standards shall be
upgraded if continued use is necessary or abandoned if the existing service is no longer needed.
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19. That the locations for 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. Such plans shall identify the specific screening treatment of each device
(i.e., Iandscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject
to review and approval by the appropriate City departments.
20. That all parking lot lighting fixtures shall be decorative and 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. Said information shall be specified on the plans submitted to
the City.
21. That any required relocation of City electrical facilities shall be at the developer's expense.
22. 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 Electrical
Engineering Division of the Anaheim Public Utilities Department.
23. That because 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 (Landscape Water
Efficiency) of Anaheim Municipal Code and Ordinance No. 5349. Said information shall be specifically
shown on the plans submitted to the City.
24. That the lega~ property owner shall submit an application and a seven hundred fifty six doliar ($756)
plan checking deposit to the Public Works Department, Development Service Division, for a Subdivision
Map Act Certificate of Compliance. A Certificate of Compliance or Conditional Certificate of Compliance
will be approved by the City Engineer and shall be recorded in the Office of the Orange County
Recorder.
25. That prior to issuance of a grading permit, the developer shall submit a Water Quality Management Plan
("WQMP") specifically identifying the post construction Best Management Practices that will be used on-
site to control predictable pollutants from storm water runoff. The WQMP shall be submitted to the
Public Works Department, Development Services Division, for review and approval.
26. That the property owner shall submit a letter to the Zoning Division requesting termination of Conditional
Use Permit No. 2002-04601 (to permit a 26-unit senior citizens' apartment complex at 2823 West Ball
Road with a density bonus and waivers of minimum building site area per dwelling unit, minimum
building setback, maximum structural height adjacent to a single-family residential zone, and maximum
density bonus).
27. That prior to final building and zoning inspections, the applicant shall:
(a) Demonstrate that all structural Best Management Practices ("BMPs") described in the Project
Water Quality Management Plan ("WQMP") have been constructed and installed in conformance
with approved plans and specifications.
(b) Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the
Project WQMP.
(c) Demonstrate that an adequate number of copies of the approved Project WQMP are available on-
site.
(d) Submit an Operation and Maintenance Plan for all structural BMPs to the City for review and
approval.
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28. That as required by the Police Department, Community Services Division, a"no trespassing, 602 Q)
P.C." sign shall be posted at the entrances to the parking lot and at other appropriate locations. Signs
shall be at least two feet by one foot (2' x 1') in overall size, with a white background and black two inch
(2") high lettering. Said information shall be specifically shown on the plans submitted to the City for
review and approval.
29. That all entrances to parking areas shall be posted with appropriate signs in accordance with Section
22658(a) C.V.C., to assist in removal of vehicles at the property owner/manager's request. Said
information shall be specifically shown on the plans submitted to the City for review and approval.
30. That an Emergency Listing Card (Form APD-281, which is available at the Police Department front
counter) shall be filed with the Police Department.
31. 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 and 2; and as conditioned herein.
32. That the approved accessory parking lot at 2823 West Ball Road shall not be used between the hours
of 10 p.m. and 8 a.m.
33. That no outdoor special event activities shall occur on the approved accessory parking lot at 2823 West
Ball Road.
34. That prior to issuance of a building permit, or 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. 10, 11, 12, 16, 19, 20, 22, 23, 24, 25, 26, 28, 29 and 30, above-mentioned, shall be
complied with. Extensions for further time to complete said conditions may be granted in accordance
with Section 18.03.090 (Time Limit for Amendments, Conditional Use Permits, Administrative Use
Permits, Variances and Administrative Adjustments) of the Anaheim Municipal Code.
35. That prior to final building and zoning inspections or prior to commencement of the activity authorized
by this resolution, whichever occurs first, Condition Nos. 18, 27 and 31, above-mentioned, shall be
complied with.
36. 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."
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find
and determine that adoption of this resolution is expressly predicated upon the applicant's 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 approvais herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adop d at he P an;~ i~ g Com ssion meeting of
March 8, 2004. ~~~~ ~~~i~~`'// ~ Ifr~~~
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ERSON, ANAHEIM CITY PLANNING COMMISSION
A
G"
R SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA)
COUNTY OF ORANGE) ss.
CITY OF ANAHEIM)
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I, Pat Chandler, 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 March 8, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO,
VANDERBILT-LINARES
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE ~
• IN WITNESS WHEREOF, I have hereunto set my hand this _~ day of
, 2004.
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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