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Notes
1. This section provides an expanded version of the Anaheim and Garden Grove cases that were originally published in an article titled, “Dealing with Diversity” in Nov/Dec 2004 PAS Memo. Parts of the paper's final section also appear in an earlier version in the same PAS Memo.
2. The Department of Alcoholic Beverage Control sets the number of licenses allowed in a census tract according to population density, but allows municipalities to decide whether additional licenses are warranted after going through the Determination of a PCN.
3. The Lien Hoa property is a 0.64-acre lot. The code requires religious facilities to be on at least 1.0 acre. The setback of the temple is 90 feet, and the code requires 120 feet.
4. Chua Douc Su, also known as the Nun's Temple, followed just behind Lien Hoa and endured more scrutiny despite meeting all of the requirements for a CUP and having a more suitable location, on a major arterial. The planning commission denied their request, citing traffic, noise and garbage problems, but the council granted the appeal because they had “no reason to deny the application.” One council member noted that he had never seen a CUP with so many detailed conditions (City of Garden Grove City Council, Citation1994; City of Garden Grove Planning Commission, Citation1994).
5. Lien Hoa appeared before the planning commission and council to negotiate several of the conditions, including a request to use the patio and existing structure for gatherings and serving of food. Council allowed the patio shelter to be used for gatherings of persons eating or waiting to enter the assembly building, but required that all religious ceremonies be conducted only in the assembly building (City of Garden Grove City Council, Citation1993; City of Garden Grove Planning Commission, Citation1993c).