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Minutes-PC 2004/11/01~ ~~EIM c~l r~, 0 ~ ~ ~ ~ ~o~ ~~ \ DED %~ 1`~~ G CITY OF ANAHEIM Planning Commission Supplemental Detailed Minutes Monday, November 1, 2004 (Conditional Use Permit No. 2004-04883, Item No. 5) Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California CHAIRMAN: GAIL EASTMAN COMMISSIONERS PRESENT: KELLY BUFFA, JERRY O'CONNELL, DAVID ROMERO, JAMES VANDERBILT-LINARES, PAT VELASQUEZ COMMISSIONERS ABSENT: CECILIA FLORES • STAFF I~RESENT: Mark Gordon, Deputy City Attorney Alfred Yalda, Principal Transportation Planner Greg Hastings, Planning Services Manager James Ling, Associate Civil Engineer Greg McCafferty, Principal Planner Elly Morris, Senior Secretary Roger Bennion, Code Enforcement Supervisor Pat Chandler, Senior Secretary Danielle Masciel, Word Processing Operator • You may leave a message for the Planning Commission using the following e-mail address: planninacommissionCa~anaheim.net H:\DOCS\CLERICAL\MI NUTES\SUPPLEMENTALMI NUTES110104.DOC /o~` ~~ u~ NOVEMBER 1, 2004 PLANNING COMMISSION SUPPLEMENTAL DETAILED MINUTES ~ 5a. CEQA Neqative Declaration 5b. Waiver Of Code Requirement 5c. Conditional Use Permit No. 2004-04883 Owner: Slagle Properties A Partners, 912 Via De Angeles, San Clemente, CA 92672 Agent: Rudy Trejo, 1521 East Lincoln Avenue, Anaheim, CA 92805 Location: 1521 East Lincoln Avenue. Property is approximately 0.15-acre, located at the northeast corner of l.incoln Avenue and Larch Street. Request to retain a church within an existing single-family residence with waivers of: (a) minimum setback for institutional uses abutting a residential zone boundary, and (b) minimum number of parking spaces. Continued from the September 20 and October 18, 2004, Planning Commission Meetings. Conditional Use Permit Resolution No. PC2004-130 • Chairman Eastman opened the public hearing. Approved Denied Denied sr8774dhb.doc Greg McCafferty, Principal Planner, introduced Item No. 5 and stated the item was continued from a previous Planning Commission meeting in order to explore opportunities to provide additional parking to the east on the Glass Doctor property. The applicant has submitted a plan that shows additional parking spaces to be entered into an agreement for the off-site parking. He indicated the Traffic and Transportation Manager feels it still is not enough parking to satisfy the short and long term parking demands. Therefore, staff recommends denial of the request. Applicant's Statement: Rudy Trejo, 1009 S. Harbor Blvd., Anaheim, CA, stated he is representing the church and they have provided 17 parking spaces next door and he is present to answer any questions. THE PUBLIC HEARING WAS CLOSED. In response to a question posed by Commissioner Velasquez, Mr. Trejo responded there are 17 parking spaces next door and 7 on the premises and he indicated the Glass Doctor is not open for business during the time of their church services. Commissioner Velasquez asked staff to address the issue based on the plan submitted. Mr. McCafferty referred to the plan submitted by the applicant and stated it indicates 17 parking spaces on the property. He further explained that only 9 spaces are countable spaces and regardless of the hours of operation there would only be 9 spaces that could be accommodated on the property, but from a code perspective only 2 spaces could be used unless the Planning Commission grants the off-site parking as part of the conditional use permit. • Mr. Trejo clarified that there are 17 spaces. The Glass Company only needs 7 spaces, therefore 10 spaces are left over. He pointed out that they are operating at different times, but if they were to operate at the same time there would still be plenty of parking. 11-1-04 Page 2 NOVEMBER 1, 20Q4 PLANNING COMMISSION SUPPLEMENTAL DETAIL.ED MINUTES • Mr. McCafferty indicated although 17 spaces are shown according to the stripping plan, it is his understanding that only 9 of those spaces are feasible spaces from a parking layout standpoint. Alfred Yalda, Principal Transportation Planner, stated there are two spaces (closest to the sidewalk) they would not be able to be used because there is not enough room for vehicles to backup. Mr. McCafferty indicated he thought there were also spaces next to the gate that could not be used. Mr. Yalda concurred and stated if he is blocking out the gated area he will lose another 4 more parking spaces but if it were not used on Sundays then he would be able to use them. Chairman Eastman asked if a recorded document by the adjacent property owner was necessary. Mark Gordon, Deputy City Attorney, responded since the adjacent property is ov~ned by the same individual if there were enough spaces on the site where the church is proposed, together with the site next door, then an agreement would not be required because the two parcels are under common ownership. An agreement is required when the site is not immediately contiguous to the proposed project site, or when the property is not under common ownership. The issue is if there is sufficient parking or is a waiver required, if you look at the spots available on the site proposed for the church taken in connection with the available parking spots in the adjacent parcel that are in excess of what they require. He stated according to staff a waiver is still required if you count the number of spaces on the site where the project is proposed and the site next door. Mr. McCafferty stated the Commissioners would still need to make the waiver finding, but an agreement is not required since the same owner owns both properties. • Roger Slagle, owner of subject property stated he is with Yellow Cab Company/Slagle Properties and asked how many more parking spaces are needed. Mr. McCafferty responded another 4 spaces would be required in order to comply and eliminate the parking waiver. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Approved CEQA Negative Declaration Denied the Waiver of Code Requirement pertaining to minimum number of parking spaces and minimum setback for institutionat uses abutting a residential zone boundary, as the site is too small to accommodate the intensification of the site and would have potential negative impacts on the surrounding single-family properties (parking, traffic, noise, lighting impacts). In addition, the adjacent commercial property (Glass Doctor) would not be able to provide the 12 additional parking spaces that the church would need in order to comply with Code. Denied Conditional Use Permit No. 2004-04883 (to retain an existing church within an existing single-family residence with waivers) based upon the evidence submitted to the Commission, including the evidence presented in the staff report dated November 1, 2004, and oral and written evidence presented at the public hearing; and adoption of the resolution attached to the staff report dated November 1, 2004, including the findings • contained therein. 11-1-04 Page 3 NOVEMBER 1, 2004 PLANNING COMMISSION SUpPLEMENTAL DETAILED MINUTES • VOTE: 4-1 (Commissioner Flores absent; Commissioner O'Connell abstained and Commissioner Vanderbilt-Linares voted no) Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, November 23, 2004. DISCUSSION TIME: 21 minutes (3:00-3:21) ~ • 11-1-04 Page 4 NOVEMBER 1, 2004 PLANNING COMMISSION SUPPLEMENTAL DETAILED MINUTES • • ~ Following the public hearing items, Commissioner Vanderbilt-Linares stated that due to a tight timeline, an invitation was placed in today's packets for a groundbreaking ceremony on November 30, 2004. As the item had yet to be approved by the Planning Commission, he wanted to make note that it was still an item for consideration and would be weighed and judged based on its merits. MEETING ADJOURNED AT 3:56 P.M. TO MONDAY, NOVEMBER 15, 2004 AT 1:00 P.M. FOR PRELIMINARY PLAN REVIEW. Respectfully submitted: '~,~~~~ Elly Morris Senior Secretary Received and approved by the Planning Commission on ~~Q.CEw~ be~ ~3 2004. 11-1-04 Page 5