Resolution-PC 98-1812ESOLUTION NO. PC98-18
A RESOLUTION OF THE ANAHEfiVI CITY PLANNING COMlVIISSION
THA'~' PETITION FOR CONUITIONAL USE PERMIT NO. 3996 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commissiun did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of Caiifornia, described as:
LOTS 8 AND 9 TRACT NO. 2903, IN THE CITY OF ANAHEIM, AS SNOWN ON
A MAP RECORDED IN BOOK 99, PAGE(S) 21 TO 23 INCLUSIVE, OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUI~TY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on February 2, 1998 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
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 properiy one for which a conditional use permit is
auth~rized by Anaheim Municipal Code Sections 18.21.0~0.110 and 18.44.050.130 to construct a one-
story, 3,450 sq. ft., Buddhist temple with a 3,450 sq. ft. storage basement and a two-story, 5,814 sq, ft.
ciassroom building, and with waivers of the following:
(a) Sections 18.21.063.010 - Minimum structural setback.
and 182i.063.020 (25 feet required in the RS-A-43,000 zone along Katella
Avenue, 21 feet proposed for Parcel 2; and 10 feet
required in the CL zone along an interior property iine,
2 feet oroposed aiong the west property line of Parcel 2)
(b) Sections 18.06.050.0121 - Minimum number of parkinq spaces,
18.06.050.0212 (161 required; 45 proposed and recommended by the
18.06.050.Q266 City Traffic and Transportation Manager)
18.06.080
18.21.066.010
and 18.44.066.050
(c) Seciions 18.Q4.060.013 - Minimum landscaped setback.
18.21.063.010
and 18.44.063.050
(d) Section 18.04.042.020 - Minimum setback for institutional use~i adiacent to
residential!y zoned orooertv.
15 feet required adjacent to RS-7200 zoning; none to
15_ teet proposed along north property line)
CR3176PL.DOC -1- PC98-18
(e) Secti~ns 18.Od.060.050 - Min'smum oarkina lot Iandscaoin4.
18.06.030.040 (48 sc~ft landscaoed olanters required to separate
18.21.066.040 every 10 or fewer parking spaces; $ to 16 sq.ft.
and 18.44.C66,030 Iandscaped I nters proposed)
2. That subject property consists of two parcels, the most westerly (Parcel 1) being
zoned CL (Commercial, Limited) and the most easteriy (Parcel 2) being zoned RS-A-43,000
(Residential/Agricultural);
3. That waivers (z), (b), (d) and (e), are hereby approved on the basis that there are
special circumstance appiicable to the property consisting of its size and unusual shape, which do not
apply to other identically zoned properties in the vicinity; that strict application of the Zoning Code
deprives this prooerty of privileges enjoyed by other properties under identicai zoning classification in the
vicinity because this development is located on two parcels, which are zoned differently and which have
conflicting setback requirements; that the existing 21-faot setback proposed for the new buiidings (waiver
(a)) is more than twice the dist~nce required by Code for the adjacent CL (Commercial, Limited) zoned
property; that waiver (a), ~s pertains to the required setback for the west property line of Parcel No. 2,
pertains to an interior Iot Iine between the t~vo subject parceis and will not affect adjacent prop^~ties; that
the proposed setback is the szme as the existing setback along this property line; and that the underiying
RS-A-43,000 (Residsntial/Agriculturai) development standards would deprive this property from the
privileges it has enj~yed under said zoning for more than thirty years;
4. That r~aiwer (b), minimum number of parking spaces, is hereby approved on the
basis that under ihe conclit(ans imposed, it wiil not cause fewEr off-street parking spaces to be provided for
such use than the number of such spaces necessary to accommodate all vehicles attributable to such use
under the normal and reasonably foreseeable conditions of operation of such use; and that the findings in
the Staff Report to the Planning Commissicn were identified in the parking study submitted by the
petitioner and reviewed and approved by the City Tra~c and Transpnrtation Manager;
5. That waiver (b), under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate viciniiy of the proposed use;
6. That waiver (b), under the conditions imposed, will not incraase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity uf the proposed
use (which property is not expressly provided as parking for such use under an agreement in compliance
with Section 18.06.010.020 of this Code);
7. That waiver (b), under the conditions imposed, will not increase traffic congestion
within the off-street parking areas or lots provided for such use;
8. That waiver (b), under the conditions imposed, will not impede vehicular ingress to
or egress from adjacent properties upon the public streets in the immediate vicinity af the proposed use;
9. That waiver (o), pertaining to minimum landscaped setback, is hereby denied on the
basis that it was eliminated follo~ving public notification;
10. That waiver (e), to minimum parking lot landscaping, is granted on the basis that
the size and shape of the property necessitates additional area being designated for parking and
driveways; that the church use requires additional parking spaces for the anticipated number of inembers;
and that the landscaping proposal adequateiy mitigates the loss of landscaping by addfng four more trees
in the interior of the parking area than would be required by Code;
11. That the proposed use is properly one for which a conditional use permit is
auth~rized by the Zoning Code;
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12. That the proposed use will not adversely affect the adjoining land uses and the
growth and deveiopment of the area in which it is proposed to be located because the property is currently
developed with a Buddhist Temple, dormitory and accessory classroom structure; and tliat the proposal
will not result in expansion of the existing use:
13. That the size and shape of the site for the proposed use is adequate to allow fuli
development of the proposal in a manner not detrimental to the particular area nor io the peace, health,
safety and general welfare because the design of the proposed temple and classroom buildings is suited
to the property; and that landscaping improvements and parking lot re-configuration will result in
improvement of the circulation, parking and aesthetics of the property;
14. That the traffic generated by the proposed use wiH not ~mpos4 an undue burden
upon the streets and highways designed and improved to carry the traffic in the area because no
additional traffic will be generated by the proposed replacement of the existing tempie;
15. That granting of this conditional use permit, under the conditions imposed, wili not
be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; and
16. Thet no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CAUFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim City Planning
Commission has reviewed the proposal to construct a one-story, 3,450 sy, ft., Buddhist Temple with a
3,450 sq. ft. storage basement and a two-story, 5,814 sq. ft. classroom building, and with waivers of
minimum structural setback, minimum number of parking spaces, minimum landscaped setback, minimum
setback for institutional uses adjacent to residentially zoned property and minimum parking lo! landscaping
on a 0.9i-acre parcel located on the northwest corner of Katetla Avenue and Ninth Street, having
fro~tages of 184 feet on the west side of Ninth Street and 226 feet on the north side of Katella Avenue
(1501 West Katella Avenue); and does hereby approve the Negative Declaration upon finding that the
declaration reFlects the independent judgment of the fead 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, TH~REFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, in part, upon 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 oE Anaheim:
1. That there shali be no bus storage permitted on the p;~operty.
2. 7hat trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Such information shall be specifically shown on the plans submitted for
building permits.
3. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the Public Works Department, Streets and Sanitation Division, for review and approval.
4. 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 location. Subject property shall
thareupon be developed and maintained in conformance with said plans.
5. That all driveways shall be construcied with ten (10) foot radius curb returns as required by the
City Engineer in conformance with Engineering Standard No. 137.
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6. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses.
7. That an on-site trash truck turn-around area shail be provided in accordance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department,
Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans
submitted for buildinc~ permits.
8. That plans shall be submitted to the City Traffic and Transpoftation Manager for review and
approval showing conformance with the Engineering Standard Detail No. 137 pertaining to sight
distance visibility for any sign and/or wall/fence Iocations.
9. That the proposal shall comply with all signing requirements nf the RS-A-43,000 zone
(Residential/Agriculturai) on Parcel 2 and the CL (Commercial, Limited) zones, on Parcel 1,
unless a variance allowing sign waivers is approved by Planning Commission. ~
10. That signs for this facility shall be limited to that which is shown on the exhibits submitted by the
petitioner and approved by the Planning Commission. Any other signs shall be subject to review
and approval by the Planning Commission as a"Reports and Recommendations item °
11. That any tree p!ented on-site sh211 be repla~;ed in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
12. That the property owner shall submit a letter to the Zoning Division requesting termination of the
following zoning petitions:
• Conditional Use Permit No. 2430 (permitting a private pre-school with a maximum
enrollment of 62 children in an existing churc'•i facility and with waiver of minimum number
of parking spaces);
• Conditional Use Permit No. 620 (permitting expansion of church school facilities in
conjunction with an existing church and with waiver of the required height limit to allow a
freestanding cross); and
• Variance No. 838 (permitting use of an existing dwelling for a rest home for the aged).
13. 7'hat temple activities shall end before 10 p.m., except on temple holidays, which holidays shall
not exceed ten (10) days yearly.
14. That temple attendance shall be limited to a maximum of eighty (80) parishioners.
15. That subject property shall be developed substantially in accordance with plans and specification
submitted to the City of Anaheim by the petitioner and which pians are on file with the Planning
Department marked Exhibit Nos. 1 through 4, and as conditioned herein.
16. 'i hat 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. 2, 3, 4, 7, 8, 12, 19 and 21, hereii;-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.
17. That prior to final building and zoning inspections, Condition Nos. 5 and 15, above-mentioned,
shall be complied with.
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18. That approval of this application constitutes approval of the proposed request only to the extent
that it compl~es with the Anaheim Municipal Zoning Code and any other appiicable 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 requiremant.
19. That final plans showing the roof mounted equipment shall be submitted to the Zoning Division of
the Planning Department for review and approval by the Planning Commission as a"Reports and
Recommendations" item.
20. That granting the parking waiver (b) is contingent upon operation of the use in conformance with
the assumptions and/or conclusions relating to the operati•an and int~nsity of vse as contained in
fhe parking demand study that formed the basis for approval of said waiver. Exceeding, violating,
intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained
in the parking demand study, shall be deemed a violation of the expressed conditions imposed
upon said waiver which shall subject this conditional usA pcrmit to termination or modification
pursuant to tha provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code.
21. That a minimum of fifty (50) square feet of additional landscaping shall be provided in the area
beriveen the buildings. Said landscaping shall be specifically siiown on plans submitted for
building permits.
22. That the gate located on Katella Avenue shall remain unlocked and/or open during temple hours
of operation.
BE IT FURThiER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon 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 ~nal judgment of any court of competent jurisdiction, then this
Resolution, an~ any approvals herein contained, shail be deemed nuil and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
February 2, 1998. /
^~ l-Lc.~ ~-"-'•'-~-~7~ -!~
CHAIR AN ANAHEIM CITY PLANNING COMMISSIQN
hTTEST: ^
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SECRElARY, ' AHEINi CITI' PLRNNJNG COMMISSION
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_~
STATE OF CALIF~P.IvIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do i~ereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Plannfng
Commission held on February 2, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS:BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES, PERAZA
NOES:COMMISSIONERS: NONE
ABSENT: COMMISSIONERS:MAYER
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of ~_~/LC~_,
1998.
~ll~
SECRETARY, AHEIM CITY PLANNING COMMISSION
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