Resolution-PC 99-221RESOLUTION NO. PC99-221
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR C.ONDITIONAL USE PERMIT NO. 4166 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:
PARCEL 1:
PORTIONS OF LOT THREE OF HEIN'S SUBDI;,'lSION, IN THE GITY OF
ANAHEIM, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 40 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER LINE OF SUNKIST STREET
NORTH 0° 19' 00" EAST 472.00 FEET FROM THE CENTER LINE OF SOUTH .
STREET; THENCE NORTH 0° 19' 00" EAST ALONG SAID CENTER LINE OF
SUNKIST STREET 103.00 FEET TO A POINT; THENCE SOUTH 89° 45' 00"
EAST PARALLEL WITH THE CENTER LINE OF SOUTH STREET 220.00 FEET
TO A F71NT; THENCE SOUTH 0° 19' 00" WEST 103 FEET TO A POINT;
THENCE NORTH 89° 45' 00" WEST 220.00 FEET TOA POINT OF
BEGINNING.
PARCEL 2:
THE WESTERLY 220.00 FEET OF LOT 3 OF HEIN'S SUBDIVISION AS
SHOWN ON A MAF RECORDED IN BOOK 1d, PAGE 40 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY. FOR THE
PURPOSES OF THIS DESCRIPTION THE LOT LINES ARE CONSIDERED AS
BEING TH~ CENTERLINE OF SUNKIST STREET AND SOUTH STREET AS
SHOWN ON SAID MAP.
EXCEPTING THEREFROM THE SOUTHERLY 575.00 FEET, MEASURED
ALONG THE CENTERLINE OF SAID SUNKIST STREET, THEREOF.
PARCEL 3:
THE SOUTHERLY 472.00 FEET OF LOT 3 OF HEIN'S SUBDIVISION AS
SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 40 OF ~
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY. FOR THE
PURPOSES OF THIS DESCR~PTION THE LOT LINES ARE CONSIDERED AS
BEING THE CENTERLINES OF SUNKIST STREET AND SOUTH STREET AS
SHOWN ON SAID MAP.
EXCEPTING THEREFROM THE SOUTHERLY 400.00 FEET, MEASURED AT
RIGHT ANGLES, THEREOF.
WHEREAS, the City Planning Commission did hold a Fublic hearing at the Civic Center
in the City of Anaheim on December 6, 1999 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
CR3830PK.DOC -1- PC99-221
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 Munici~al Code Section 18.26.050.030 to construct a cultural and meditation center with
accessory caretakePs residence with waivers of the following:
(a) Section 18.26.063.030 - Minimum rear vard setback.
(b) Section 18.26.063 - Percnitted encroachments into reauired vards.
(c) Section 18.26.064.110 - Maximum fence heiaht in front vard.
and 18.04.048.021 (3 feet permitted in the front 25 setback; 6 feet proposed).
2. That waivers (a) and (b), minimum rear yard setback and permitted encroachments into
required yards, are hereby denied on the basis that they we~e deleted following public notification.
3. That waiver (c), maximum fence height in front yard, is hereby denied on the basis that it
would cause a detrimental aesthetic impact and that the size and shape of the lot allows for the
construction of a 6-foot high wall behind the required setback area as permitted by Code.
4. That there are no special circumstances applicable to the property such as size, shape,
topography, location or surroundings, which do not apply to other identically zoned properties in the
vicinity.
5. That strict application of the Zoning Code does not deprive the property of privileges
enjoyed by other properties under identical zoning classiflcation in the vicinity.
6. That one person spoke at the public hearing in favor of the proposal; and that
correspondence was received in favor of the proposal
7. That five people spoke 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 construct a cultural and meditation center with
accessory caretaker's residence and waivers of minimum rear yard setback, permitted encroachments
into required yards and maximum fence height in the front yard on a rectangularly-shaped 1.07 acre
property having a frontage of 268 feet on the east side of Sunkist Street, a maximum depth of 174 feet,
being located 400 feet north of the centerline of South Street, and further described as 610 South Sunkist
Street (proposed Vietnamese Cultural and Meditation Center); 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 Dec~aration 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, 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 of Anaheim:
That church activities shall oniy occur between the hours of 10 a.m. to 7 p.m., as indicated in the
submitted letter of operation.
That all church-related activities shail be conducted entirely indoors.
CR3830PK.DOC -2- PC99-221
3. That no private schooi shall be operated in conjunction with this facility.
4. That the water backflow equipment and any other large water system equipment shal! be installed
to the satisfaction of the Water Engineering Division behind the street setback area in a manner
fully screene~ from the public streets. Said information shall be specifically shown on plans
submitted for building permits.
5. That since this project has landscaping area exceeding twb thousand five hundred (2,500) sq.ft., a
separate in~igation rneter shall be irstalled in compliance wiih Chapter 10.19 "Landscape Water
E~ciency" of the Anaheim Municipal Code and City of Anaheim Ordinance No. 5349.
6. That the existing three (3) foot high retaining wall adjacent to Sunkist Street shall be resurfaced with
stucco to match the proposed building in color and texture.
7. That a photometric plan shall be suhmitted to the Police Department and the 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 pe~sons'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 shail be fenced or otherwise enclosed for storage or other outdoor
uses.
10. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval and showing compliance with Engineering Standard Detail No. 137 pertaining to sight
distance visibility for any walllfence locations near Sunkist Stree!.
11. That any trees planted on-site shall be replaced in a timely manner in the event that they are
removed, damaged, diseased and/or dead.
12. That all trees planted on-site shall be minimum twenty four inch (24") box sized.
13. That a Lot Line Adjustment plat shall be submitted to the Development Services Division of the
Public Works Department for review and approval by the City Engineer and then recorded in the
Office of the Orange Counry Recorder to merge the three (3) existing lots such that any new
building and its improvements lie compietely within one (1) parcel.
14. That the property shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance, removal of trash or debris, and remoVal of graffi!i 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
standards.
16. That any outdoor events shall comply with the requirements of Chapter 6.70 "Sound Pressure
Levels" of 4he Anaheim Municipal Code.
17. That all existing water services shall conform to current Water Utility standards. Any existing water
services that are not approved by the Water Engineering Division for continued use shali be
upgraded to current standards or abandoned by the developer. If existing services are no longer
needed, they shall be abandoned by the developer.
CR3830PK.DOC -3- pC99-221
18. That the private water well located on the subject propzrty shali 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 ~roith a public utilities
easement to be deiermined as electrical design is completed.
20. That plans shall be submitQed to the Traffic and Transportation Manager for review and apnroval
showing conformance with the most current versions of Engineering Standard Plan Nos. 436 and
601 or 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 maintai~ed
as part of this project.
22. That the owner of subject property shall submit a letter to the Zoning Division requesting
termination of Variance No. 4180 (waivers 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 shail be constructed to replace the
existing chain link fence along the north property line. Said wall shall be specified on the plans
submitted for building permits.
25. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City af f,naheim by the petitioner and wtiich plans are on file with the Planning
Department marked Exhibit Nos. 1 through 4, as conditioned herein and excluding the monument
sign depicted on Exhibit No. 1; and that any wall and/or fence construcEed in the required front
setback along Sunkist Street shall not exceed three (3) feet as specified by the Zoning Code.
26. That prior to issaance 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,
sha~l 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.
27. That prior to final building and zoning inspections, Condition Nos, 5, 6, 17, 18 and 25, above-
mentioned, shall be complied with.
28. That approval of this appiication constitutes approval of tne proposed rec~uest 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 Comrnission does hereby
find and determine that adoption of this Resoiution 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 deciared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this
Resolution, and ~ny approvals herein contained, shali be deemed null and void.
CR3830PK.DOC -4- PC99-221
THE FOREGOING RESOLUTI~DN wa ado ed at th lan ing Commission meeting of ,
December 6, 1999.
CHAIRP SON PRO TEMPORE,
ANAHEI ITY RLANNING COMMISSION
ATTEST:
SEC ETA ANAHEIM CITY PLANNING COMMISSION
S"fATE OF CALIFORNIA )
CCIUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting oR!he Anaheim City Planning
Commission held on December 6, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, KOQS, NAPOLES,
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN
IN WITNESS WHEREOF, i have hereunto set my hand this ~ day of
_ `~~~, ~39g. 7~G-
~
SEC ETAR , NAHEIM CITY PLANNING COMMISSION
CR3a30PK.DOC -5- PC99-221