Resolution-PC 99-70RESOLUTION NO. PC99-70
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 4111 BE GRANTED, IN PART,
FOR FIVE (5) YEARS
WHEREAS, the Anaheim City Planning Commission did receivt 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 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, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 51 PAGE(S) 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THE NORTH 66.00 FEET THEREOF, AS GRANTED TO THE STATE
OF CALIFORNIA FOR HIGHWAY PURPOS~S BY DEED REi;ORDED IN
BOOK 3969 PAGE(S) 167, OFFICIAL RECORDS OF ORANGE COUNTY.
WHEREAS, the City Planning Commfssion did hold a public hearing at the Civic Center in
the City of Anaheirri on April 26, 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 conneclion therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itseif 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 Cade Section 18.44.050.130 to permit a Buddhist temple and
caretaker's residence within two existing structures formerly used for residential and commerci~i use with
waiver of the following:
(a) Sections18.06.050.010.011 - Minimum number of oarking soaces.
18.06.050.020.026.0266
and 18.44.066.050
(b) Section 18.04.042.020 - Minimum setback of instit~-.ional uses adiacent to a
residential use.
5 f t required along the east property li~,~; none existing
and proposed)
2. ?hat waiver (a) perta(ning to minimum number of parking spaces is hereby
denied on the basis that the waiver was deleted subsequent to advertisement by the provision of the
Code-required number of parking spaces.
3. That wafver (b) pertainfng to minimum setback of institutional uses adjacent to a
residential zone is hereby approved on the basis that thero are special circumstances applicable to the
property due to existing conditions, the location and surroundings because the adjacent residential
property is developed with a mobile, home park; that there are no window openings on this eievation, that
the proposed uses will occupy existing buildings; that strict applica8on of the Zoning Code would deprive
the property of privileges enjoyed by other properties under identical zoning classification in the viciniry
CR3618PK.DOC -1- p~gg.70
which have converted exicting buildings to institutional use; and that strict application of the Zoning Code
would depri re the property of privileges zrjoyed by other properties under identical zoning classification in
the vicinity which have converted existing buildi~gs to institutional use.
4. That this conditionai use permit is hereby approved to permit a Buddhist temple
and caretaker's residence in the two existing structures for a period of five (5) years.
5. That the proposed temple (and caretaker's unit) will be compatible with the
surrounding land uses because, as described in the letter of operation submitted by the petitioner, the
temple will have very limited days and hours or operation, and a minimum number of peopie on-site~ and,
therefore, the use will not adversely affect the adjoining land uses and lhe growth and development oF the
area in which it is located.
6. That the propoaed temple/caretaker use wili be located in existing buildings ~~ith
Code-required parking being available on-site and, therefore, the size and shape of the site for the
proposed use is adequate to allow fu~l development cf the proposal in a manner not detrimental to the
particular area nor to the peace, h~alth, safety and general welfare.
7. That the property provides adequate ingress from Lincoln Avenue, a major
arterial highway, and the approved use wiil not impose an undue burden upon the streets and highways
designed and improved to carry the traffic in the area.
8. That no one indicated their presence at the public hearing in opposition to the
proposal; and th2! no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FI~IDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit a Suddhist temple and caretaker's residence
within two existing structures formerly used for residential and commercial use with waiver of minimum
number of parking spaces and minimum setback of institutionai uses adjacent to a residential zone on a
rectanyularly-shaped property having a frontage of 100 feet on the south side of Lincoln Avenue and a
depth of approximately 220 feet, and being located 245 feet east o~ the centerline of Dale Avenue (2780
West Lincoln Avenue); 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 tc,gether with any comments received during the putlic 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 Conditionai Use Permit, in part, upon the following conditions which
are hereby found to be a necessary prerequisite to the pr~posed use of the subject property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
1. That trash storage areas shall be provided and maintained in location(s) acceptable to the Public
Vllorks Department, Streets and Sanitation Division, and in accordanca with approved plans on file
with said Department. Said storage areas shall be designed, located and screened so as not to be
readily identifiable from adjacent streP:s or highways. The walls of the storage areas shall be
protected from graffiti opportunities by the use ~f plant materials such as minimum one (1) gallon
sizeed clinging vines planted on maximum three (3) foot centers and/or tal! shrubbery. Said
information shall be specifically shown on the plans submitted for building permits.
2. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the Streets and Sanitation Division for review and approval.
3. Tiiat an on-site trash truck turn-around area ahall be provided in accordance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division.
Said turn-around area shall be specifically shown on plans submitte~l for building permits.
CR3618PK.DOC -2- pC99_7p
4. That plans shall be submitted to the City Tra~c and Transportation Manager for review and
approval showing conformance with the current versions of Engineering Standard Plan Nos. 436,
601 and 602 pertaining to pa~king standards and driveway locations. Subject property shail
thereupon be developed and maintained in conformancs with said pians.
5. That the driveway on Lincoln Avenue shall be reconstructed to accommodate ten (10) feot radius
curb returns in conformance with Engineering Department Standard No. 137.
6. That if the landscaping area for this project exceeds bao thousand five hundred (2,500) square
feet, a separate irrigation meter shall be installed, in compliance with Chapter 10.19 of Anaheim
Municipal Code and Ordinance No. 5349.
7. That the existing structures shall comply 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 P.naheim.
8. That the hours of operation and number of persons on-site shall be limited to the following:
Sundays: 10:30 a.m. to 1:30 p.m. with maximum of seventy (70) persons; and
Wednesdays: 5 p.m. to 7:30 p.m. with a maximum of fifteen (15) persons.
9. That the property shall be permanently maintained in an orderly fashion by providinc~ regular
landscape maintenarice, removai of trash or debris, and removal of graffiti within twenty four ~?4)
hours from time of occurrence.
10. That any tree planted on-site shall be repl2ced in a timely manner in the event that it is remove:i,
damaged, diseased and/or dead.
11. That signage for subJect facility shall be Ifmited to that which is shown on the exhibits submitt~d by
the petitioner and approved by the Planning Commission. Any additional signage shail be subject
to approval by the Planning Commission as a"Reports and Recommendations" item.
12. That subject use permit shall expire five (5) years from the date of this resolution, on April 26,
2004.
13. That the developer shall submit a Water Quality Management Plan (WQMP) specifically identifying
the best management practices that will be used on-site to control predictable pollutants from
storm water runoff. The WQMP shall ba submitted to the Public Works Department, Development
Services Division, for review and approval in compliance with Chapter 10.09 of the Anaheim
Municipal Code.
14. That prior to issuance of a building permit, the legal property owner shall submit an application for
a Subdivision Map Act Certificate of Compliance to the Public Works Departmer~t, Development
Services Division. A Certificate of Compiiance or Conditional Certificate of Compliance will be
approved by the City Engineer and shall then be recorded in the Office of the Orarge County
Recorder.
15. That prior to issuance of building permits, the legal owner of this property shall provide the City of
Anaheim with a public utilities easement to be determined as the electrical design is completed.
5aid easement shall be submitted to the City of Aneheim.
16. That the existing chain link fence at the front portion (Lincoln Avenue) of the site shall be removed.
CR3618F'K.DOC -3- PC99-70
17. That all Code required trees shall be minimum twenty four (24) inch box sized, except for palm
trees which shall be a minimum of efc~ht (8) feet high at time of planti~g. Said information shall be
specifically shown on plans submitted for buildi~g permits.
i 8. That the variety of the required trees to be planted adj~cent to the south property line shall be
subject to the review and approval by the Urban Forestry Division of the Community Services
Department. Said information shall be specifically s~own on plans submitted for building permits.
19. That the owner of the subject property sha~l 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 a three foot
landscaped setback) to the Zoning Division.
20. That no exterior or amplified bells shall be installed or utilized in conjunction with this Buddhist
Temple.
21. That the existing freestanding pole sign shall be removed.
22. That a landscape hedge, to be maintained at a minimum height o~ thrse (3) feet, shal( be planted at
the rear of the landscape planter adjacent to Lincoln Avenue in conjunction with a three (3) foot
high landscaped earthen berm, with trees and landscaping as shown on the approved exhibits.
The height of landscaping and the bern within the line-of-sight triangle adjacent to the driveway
opening shall be subject to review and approval by the City Traffic and Transportation Manager.
Said information shail be shown on plans submitted for Zoning Division approval.
23. 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 Exhibit Nos. 1 through 4, and as conditioned herein.
24. 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 reso~ution, whichever occurs
first, Condition Nos. 1, 2, 3, 4, 11, 14, 15, 17, 18, 1~3, 21 and 22, above-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.
25. That prior to final building and zoning inspections or prior to commencement of this activity,
whichever occurs first, Condition Nos. 5, 6, 7, 13, 16 and 23, above-mentioned, shall be complied
with.
26. 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 applicabie City, State and
Federal regulations. Approval does not include any action or findings as to compliance or approval
of the request regarding any olher 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 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 finai judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
CR3618PK.DOC -4- PC99-70
::~ ^ .
THE FOREGOING RESOLUTION ~ s dopted at he PI rining Commission meeting of
April 26, 1999. ( ` .1~,~~'~ ~`'
~
CHAIRFER~L~N, ANAR9EIM CITY PLANNING COMMISSION
ATTEST:
~.~(/1 h2~~ 05'~0!A,eii9'
SECRETARY, A HEIM CITY PLANNING COIVIMISSION
STATE OF CALIFORNIA )
COUNTY 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 of the Anaheim City Planning
Commission held on April 26, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ONE VACANT SEAT
IN WITMESS WHEREOF, I have hereunto set my hand this ~~ day of
~, 1999.
~ ~
SECR TARY, ANAHEIM CITY PLANNIN~ COMMISSION
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