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Minutes-PC 2001/05/21~ ~ ~ 05-21-01 Page 1 MAY 21, 2001 PLANNING COMMISSION MINUTES . RECONVENE TO PUBLIC HEARING AT 1:30 P.M. PUBLIC COMMENTS: None. This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. CONSENT CALENDAR: Item 1-A -1-B on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Selma Mann, Assistant City Attorney advised that this vote needs to be done under Planning Commission's procedures by a roll call vote. Consent Calendar needs to be approved by a roll call vote. The regulations actually state a roll call not a button vote. Commissioner Bostwick offered a motion for approval of Consent Calendar Items 1-A and 1 B, seconded by Commissioner Boydstun, vote taken and motion carried. Consent Calendar Items 1 A and 1 B unanimously approved as recommended. REPORTS AND RECOMMENDATIONS • ~ ~ A. a. CEQA CATEGORICAL EXEMPTION-CLASS 26 b. VARIANCE NO. 2001-04426 - REVIEW OF FINAL Concurred with staff Approved final ELEVATION, LANDSCAPING, AND FENCING PLANS elevation~ (Tracking No. VAR 2001-04439) landscaping and City of Anaheim Housing Authority, Attn: Elisa Stipkovich, 201 fencing plans South Anaheim Boulevard, Suite 1003, Anaheim, CA 92805. This irregularly-shaped 14.8-acre property is generally bounded (Vote: 7-0) by Lynne Avenue to the north, Walnut Street to the east, Audre Drive to the south, and Hampstead Street to the west, with frontages of 866 feet along the south side of Lynne Avenue, 765 feet along the west side of Walnut Street, 830 feet along the north side of Audre Drive, and 570 feet along the public alley immediately east of Hampstead Street (1330 -1338 West Lynne Avenue, 1545 -1633 and 1528 -1634 South Michelle Drive, 1529 - 1633 and 1528 - 1634 South Jeffrey Drive, and 1603, 1607 and 1633 South Walnut Drive (excluding 1607 - 1613 South Michelle Drive and 1618 -1630 South Jeffrey Drive). Original zoning action was waiver of maximum fence height and minimum structural setback to permit the construction of a new community center building in conjunction with a City of Anaheim Housing Authority-initiated multiple family residential rehabilitation project. Request for review of final landscaping, fencing, and elevation plans. ACTION: Commissioner Bostwick offered a motion, seconded by 05-21-01 Page 2 MAY 21, 2001 PLANNING COMMISSION MINUTES Commissioner Boydstun and MOTION CARRIED, that the Anaheim • City Planning Commission does hereby concur with staff that the proposed project falls within the definition of Categorical Exemptions, Class 26, as defined in the California Environmental Quality Act (CEQA) Guidelines and is, therefore, categorically exempt from the requirement to prepare additional environmental documentation. Commissioner Bostwick offered a motion, seconded by Commissioner Boydstun and MOTION CARRIED, that the Anaheim City Planning Commission does hereby approve the final elevation, landscaping, and fencing plans (Final Plan Nos. 1 through 8) for Variance No. 2001-04426 (Tracking No. VAR2001-04439). SR2071 DS.DOC Commissioner Bostwick discussed the color of wrought iron fence came into question, and asked if this should be part of the motion? Chairperson Koos felt comfortable leaving the color of the fence up to staff to blend it in with the surrounding colors. He would like it to match some color of the architecture on the building. Monica Troncoso, Community Development Department, indicated she would submit Commission's comments regarding the color change to the developer and will in turn advise Commission. . B. Receiving and approving the Minutes for the Planning Commission Meeting of May 7, 2001. (Motion) ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Boydstun and MOTION CARRIED, that the Anaheim City Planning Commission does hereby approve the May 7, 2001 Planning Commission minutes. ~ Approved (Vote: 7-0) 05-21-01 Page 3 MAY 21, 2001 PLANNING COMMISSION MINUTES LJ PUBLIC HEARING ITEMS: 2a. CEQA CATEGORICAL EXEMPTION-CLASS 32 2b. CONDITIONAL USE PERMIT NO. 2001-04338 OWNER: Mayo Family Trust, Alvin Mayo, Trustee 2450 White Road, Irvine, CA 92614 AGENT: Armet, David, Newlove Architects, Attn: Victor Newlove, 1330 Olympic Boulevard, Santa Monica, CA 90404 LOCATION: 1074 North Tustin Avenue. Property is approximately 1.42 acres located 350 feet south of the centerline of La Palma Avenue. To construct two drive-through, fast-food restaurants. Continued from April 9, 2001 Planning Commission meeting. CONDITIONAL USE PERMIT RESOLUTION NO. L_J ~ ApplicanYs Statement: Continued to June 4, 2001 SR7987KB.DOC Mr. John Dodson, Armet, Davis, Newlove Architects, 1330 Olympic Boulevard. Explained the reason for requesting a continuance is that a traffic study requested by the Planning Department is currently being reviewed by staff. OPPOSITION: None ACTION: Commissioner Napoles offered a motion, seconded by Commissioner Bristol and MOTION CARRIED, to continue the subject request to the June 4, 2001 Planning Commission meeting in order to allow the City Traffic and Transportation Manager su~cient time to review the submitted traffic study for the project. VOTE: 7-0 DISCUSSION TIME: 1 minute (1:33-1:34) 05-21-01 Page 4 MAY 21, 2001 PLANNING COMMISSION MINUTES • 3a. CEQA NEGATIVE DECLARATION 3b. CONDITIONAL USE PERMIT NO. 2001-04352 OWNER: NMC Anaheim, LLC, Attn: Sandy Sigel, 18801 Ventura Boulevard, Suite 300, Tarzana, CA 91356 AGENT: IHOP Corporation, c/o TRG Inc., Attn: Lorenzo Reyes, 1224 East Katella Avenue, Suite 105, Orange, CA 92867 LOCATION: 2150 East Lincoln Avenue. Property is approximately 27.8 acres located at the southeast corner of Lincoln Avenue and State College Boulevard. To construct a restaurant with an outdoor dining area within an existing commercial retail center. CONDITIONAL USE PERMIT RESOLUTION NO. PC2001-65 u • Introduction by Staff: Approved Granted SR1102TW.DOC Greg McCafferty, Senior Planner, introduced Conditional Use Permit No. 2001-04352 for property located at 2250 East Lincoln Avenue. It is the Anaheim Town Square. This is a request for a sit-down restaurant with outdoor seating. Staff reviewed the proposal and his recommending approval. Applicant's Statement: John Murray, applicant was present to respond to questions. THE PUBLIC HEARING WAS OPENED. No speakers came forward. THE PUBLIC HEARING WAS CLOSED. Commissioner Arnold asked Greg McCafferty if a change was to be made to Condition No. 13 from "signage" to "wall signs". Greg McCafferty stated that is correct, Condition No. 13 should read, "Any additional wall signage shall be submitted to the Zoning Division for review and approval by the Planning Commission as a Reports and Recommendation item." • • ~ - e ~i~ie: • . e~ ~ - •u~i •- e •- OPPOSITION: None ACTION: Approved CEQA Negative Declaration Granted Conditional Use Permit No. 2001-04352, subject to the conditions of approval as stated in the staff report dated May 21, 2001 with the following modifications: 05-21-01 Page 5 MAY 21, 2001 PLANNING COMMISSION MINUTES ~ Modified Condition No. 13 to read as follows: 13. That no additional freestanding sign shall be permitted. Further, wall signage shall be limited to three (3) wall signs on the north, east, and south building elevations as shown on Exhibit Nos. 8 through 11. Any additional wall signage shall be submitted to the Zoning Division for review and approval by the Planning Commission as a Reports and Recommendations item. VOTE: 7-0 Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 2 minutes (1:40-1:42) ~ • 05-21-01 Page 6 MAY 21, 2001 PLANNING COMMISSION MINUTES ~ ~ ~ Introduction by Staff: 4a. CEQA NEGATIVE DECLARATION Approved 4b. WAIVER OF CODE REQUIREMENT Approved, in part 4c. CONDITIONAL USE PERMIT NO. 2001-04355 Granted for 1 year (to expire on OWNER: Ming International Group, 9202 Ellsworth Drive, May 21, 2002) Huntington Beach, CA 92646 (Vote: 7-0) LOCATION: 5247 East Orangethorpe Avenue. Property is approximately 1.47 acres, located at the northeast corner of Orangethorpe Avenue and Post Lane. To permit and retain a church within a commercial shopping center with waivers of (a) minimum number of parking spaces and (b) minimum setback of institutiona! uses adjacent to a residential zone boundary. CONDI710NAL USE PERMIT RESOLUTION NO. PC2001-66 SR1103TW.DOC Greg McCafferty, Senior Planner, introduced Conditional Use Permit No. 2001-04355 for property located at 5247 East Orangethorpe Avenue. Request to permit and retain an existing church within a commercial shopping center. Two waivers were advertised, Waiver (a) remains, which pertains to the minimum number of parking spaces; Waiver (b) is deleted. Staff recommends a one-year approval. THE PUBLIC HEARING WAS OPENED. Applicant's Statement: Brian Inouye, 1203 Darby, Orange, 92865, a school psychologist for the West Covina Unified School District and the Vice-President and Secretary for Searchlight Ministries. He and Pastor Manning are on the Board for St. Paul's Lutheran Church in Orange. In January, 2001 after much research and discussion, they found a segment of the population was not being reached and decided to establish a church targeting 19 to 36 year olds. They have been authorized as an Official Mission Congregation of the Pacific Southwest District of the Lutheran Church Missouri Senid. In the letter of operation it states that they needed a start date and a location to hold church. Page 2, Section E of the letter of operation, states, 'pre-fife hearing on January 9, 2001'. Their Board of Directors misunderstood the pre-file process and February 4, 2001 the first worship was scheduled. Pros and cons were debated about waiting for the Conditional Use Permit denial or approval. Their staff had to make a decision with St. Paul's Lutheran Church and the Pastor needed a definite time to start. They complied with the City Code. They understood that if the City denies them the right to assemble and worship, it will end their lease and they will then need to find another location. 05-21-01 Page 7 MAY 21, 2001 PLANNING COMMISSION MINUTES Pastor Mark Manning, 2701 North Gaff Street, Orange, he has questions, on page 9 of staff report ~ there were items they want reconsidered: ^ Condition No. 3, the white wrought iron fence. They do not want it removed, want to use this area as a"meditation garden" instead. They believe it helps to have that fence to discourage vagrants and for overall security purposes. Condition No. 4, there are no church activities in the landscaped buffer area along the southern and eastern property lines adjacent to single-family residential land uses. They are in compliance, they are not having regularly scheduled activities, but they feel that they are not allowed to step outside, 10 feet is required, they have made a 12-foot buffer zone that will consist of trees and bushes; that area will not be utilized. They would like to use the remaining eight feet as they see fit, but with no regularly scheduled activities. ^ Condition No. 6 he did not understand as they have already submitted a traffic study by Katz Okitzu and Associates. ^ Condition No.12, why would they request termination of Conditional Use Permit No. 3905, it was granted in 1997 as a two-year permit to expire in 1999. However, they would be glad to terminate Conditional Use Permit No. 1758. ^ Condition No.13, states there shall be no outdoor special events conducted in conjunction with the church. They would like all the rights and privileges of other business afforded special outdoor activities where they would go through the permit process as needed. ^ Condition No.14, he was concerned that the hours and number of adults are being limited. The ~ Anaheim City Code states one seat for every three people. If they need to discuss the amount of parking stalls in this parking study, they will. There are plenty of parking stalls for more than 75 adults since there are separate services. No burden on the lot with overdue cars. There was a Variance granted in 1987, (Variance No. 3612), which requests the addition of 4,000 square feet (where they currently reside) places the lot over the required parking stalls. This Variance allowed the builder to grant this increase. He requested that the neither congregation nor outdoor areas, be limited. ^ Condition No. 16, 60-day timing regarding landscaping, they are in the process of landscaping. Public Testimony: Bob Kessler, 10570 Lakeside Drive, Unit E, Garden Grove, 92840. Supports the church, he lives in Garden Grove, which is a 15-mile commute to church. He does spend time and money in that local community since he goes to church here. Dawn Inouye, wife of Brian Inouye, 1203 East Darby Street, Orange. She is the Director of Care Ministries at Searchlight, and the Senior Choir Director at Zion Anaheim Church. She spoke about the after hours times of operation. She is in charge of Small Group Ministries at Searchlight, and assembling grief counseling sessions or small group activities with 8-10 people, on a weeknight, usually after work. She felt no one would be bothered by the parking, 7:00 p.m. to 9:00 p.m. There are no rambunctious activities on a weeknight. She supports Searchlight. Drew Huston, 1413 East Revere Fullerton,92831. He helped to find this property. They looked for four months throughout Orange County and into Corona. Approving this Conditional Use Permit will be good for everyone involved. This was the most desirable location for them. It is also good for the ~ landlord, as the property has been vacant for 3 or 4 years. Good for the City as it will upgrade the center as it has been vacant for a long time. He supports Searchlight. 05-21-01 Page 8 MAY 21, 2001 PLANNING COMMISSION MINUTES Kevin Willson, 1240 Kenwood Street, La Habra 90631. He supports Searchlight, it has had a positive ~ impact in his and his friend's lives. He shops at local business in Anaheim now. Chris Huston, wife of Drew Huston. She is a Member of the Board of Directors of Searchlight and she came from St. Paul's Lutheran. She is an Instructor of Fine Arts at Lutheran High in Orange. Regarding the sound issue concern, any instruments would be contained within the church and not outside. She had her father do a walkthrough while instruments were playing, noise is not a factor. They have a professional sound technician who can measure sound decibels. Pamela Pratt, 1143 East Oakmont, Orange, CA. She is a consultant to non-profit organizations and does grant writing for Community Development. She is on the Board of Directors as the Director of Prayer where she sees that all prayer needs of attendees are met. She supports Searchlight Ministries. She helped file pre-file application and was the traffic study contact and worked with the application process. She worked for the City of Anaheim from 1989 to 1994 as a Code Enforcement Officer. She stated they would like to depend on the Anaheim Municipal Code and stay as a neighbor. She does not want to limit their rights as a church use in the Conditional Use Permit. She knows Code Enforcement will come out if anything is not in compliance. There is a good system in Anaheim and the church would also benefit. Dr. Martin Ve Bonsangue, 21255 Via Tomas, Yorba Linda. His daughter has been attending the church since its inception, he spoke regarding the character of church. He is a Professor of Mathematics at Cal State Fullerton. The last six weeks his daughter has been involved with the church. He spoke of Pastor Manning and his wife and their character. They are committed, solid people, who are associated with St. Paul's Lutheran and Lutheran High School of Orange County. As the Codes protect the City, the City should look at the quality of these people. Orangethorpe is a "dead spoY', this proposal is a good use to have there, Wednesday nights it is a good place for young ~ people to go. Heather Manning, 2710 North Gaff Street, Orange, 92865. She currently serves as the Director of Christian Education at St. Paul's and Searchlight Ministries. She works with the Sunday School. She submitted a petition to Commission and read the petition. The petition is in support of their application. She spoke of the noise factor and if the church had been a good neighbor. All tenants but one in the mall signed the petition. Neighbors said they are happy someone is in that spot after over three years. Ministry members are purchasing from local vendors, their presence makes the vendors content. Searchlight went to five homes directly adjacent to their property to ask how they felt about the church. There were no complaints. Mrs. Manning supports the Conditional Use Permit. PUBLIC HEARING WAS CLOSED. Commissioner Vanderbilt spoke regarding the letter of operation. It states a 19-36 year old emphasis, but there are high school bible studies on Wednesdays. He asked what are the demographics of people being served by this church? Are they targeting people under 19? • 05-21-01 Page 9 MAY 21, 2001 PLANNING COMMISSION MINUTES Pastor Manning stated they are not discriminatory, if someone is older than 19 to 36. High school ~ students are coming for bible study on Wednesdays. They are working on bible studies for college students. Their main target is families with small children. Commissioner Vanderbilt asked for clarification since Wednesday nights are for high school students. Pastor Manning stated that high school students do attend. They are not seeking them out. Heather Manning spoke indicating that currently they have between 5-10 high school youths attending their worship. They have identified a need to have bible study, fhey have responded to their desire. They are not recruiting high school students to become a part of the ministry but are already there. Commissioner Vanderbilt asked about a survey she said was done. Since businesses signed the survey did she ask neighbors to sign anything? Heather Manning responded that the neighbors did sign that petition. Commissioner Vanderbilt questioned the music level and asked if drums are used. Heather Manning replied yes. Chris Huston spoke about the music levels. They have a band that plays, they are placed in a corner of the sanctuary. A decibel meter is also used. Chairperson Koos asked if there was a report completed regarding the sound level? ~ Ms. Huston stated no. The sound technician volunteers his time. Chairperson Koos stated that a similar situation came before the Commission a few years ago and Commission required a sound study in that instance. Ms. Huston indicated the sound is inaudible. Commissioner Arnold stated that he is excited about 'Generation X' ministries. He thinks that cities need a number of different types of properties that facilitate religious uses. He is not concerned about the propriety of this type of use. What troubles him is that the use was started without a Conditional Use Permit, and in no way is the spirit of the law to operate something that is only conditionally allowed without a permit. The idea of a Conditional Use Permit is that a particular use is evaluated and conditions are imposed to make it compatible with the general land use. It is not to operate now and get a permit later. He has concerns with the objections to some of the conditions. The idea of these conditions is to perform a certain accountability to ensure that there are standard approaches of how land uses are compatible with one another, and to make sure that every landowner who has a Conditional Use Permit is a good steward of that use. It can be tempting to get caught up in one particular use and forget the impacts on neighbors and the City. Regarding the concerns about limitation on the total number of adults, there comes a point, from a land use perspective, that the land no longer accommodates a certain number of people. This is not appropriate in that environment. ~ 05-21-01 Page 10 MAY 21, 2001 PLANNING COMMISSION MINUTES • Events at all hours could take place with no limits. There could be abuses of this. The fence and the landscaping, making the property look as good as possible, is an issue that the City has. He is concerned that there seems to be an attitude of dismissiveness toward these conditions. He suggests that there could potentially be problems in the future. These conditions are going to need to be strict to ensure the quality of the use. Chairperson Koos also shares Commissioner Arnold's sentiments about the tendency of people to move in and get permits later. City processes are not easy to follow and there may not be people on the church staff who understand the processes. Chairperson Koos spoke about the conditions of approval, regarding Condition No. 6, he asked staff to comment regarding the intent of this condition for clarity. He wants to differentiate this from the traffic study. Greg McCafferty stated that the standards describe what the standard parking stall and driveway locations need to be. This is an existing commercial retail location, with established parking, there are no proposed changes. Chairperson Koos said, for clarification, that this states what is in the Zoning Code. Chairperson Koos stated that Condition No. 12, applicant mentioned the request for termination. If it is true that the first Conditional Use Permit did expire, asked if stafF could explain the rationale in making a formal request for termination? Greg McCafferty stated that the use is no longer there. ~ Pastor Manning stated that it is on page 2 Item No. 8 in the staff report. There was discussion between Pastor Manning and Chairperson Koos regarding the terms "no longer in operation" or "expired". Greg McCafferty stated that the City Attorney's office indicated if there is an expiration date, there is no formal action to terminate that. If it is left as is and then find out it has expired, the condition would not be enforced. Chairperson Koos stated that the center is designed as a typical retail strip center. There have been previous requests for childcare facilities, etc. It was not envisioned that the side yard area would have a wrought iron fence. This was installed as a previous condition. He personally would like it removed. Furthermore, it would send a message that the City does not want the side yards used for purposes other than what they are, a setback. The center was originally developed this way. The church could move out, and someone else not as diligent in their operation could move in. He is not comfortable allowing side yard activities. He does see that during the week, assuming activities take place indoors, expanding the hours of operation to 9:00 p.m. Greg McCafferty stated that setbacks are not permitted by the Code, they cannot use the east and north property lines because it is an institutional use (church). The Code specifically requires those setbacks from adjacent residential properties. The understanding from staff was that after the InterDepartmental Committee (IDC) meetings, those areas were not going to be used, and the site plan was revised to take out those areas for use. Chairperson Koos stated that seems contrary to testimony given today. ~ Greg McCafferty agreed. 05-21-01 Page 11 MAY 21, 2001 PLANNING COMMISSION MINUTES • Commissioner Bostwick asked if the wrought iron could be removed around the trash enclosure, and leave the wrought iron between the building and the fence that leads to the back of building as a safety factor. Chairperson Koos stated he is more concerned about the wrought iron in the front. Commissioner Bostwick stated if they remove the white wrought iron from the front of the property and leave the wrought iron that is between the building and the fence to the rear, he felt that would work for the property. Commissioner Boydstun stated this would give them more security in the back of the building. Commissioner Bostwick stated that a meditation area is fine, if the landscape is improved, but no services will be held there and there is a condition that stipulates to that. Greg McCafferty stated that for Planning Commission's information, the City will be working with the property owner of the retail center as the landscape setbacks need to be refurbished and existing signage that is not permitted. Staff will work with the applicant and property owner to remedy both those issues. Commissioner Bostwick indicated to the applicant that Commission has continually asked for refurbishment in this landscape and the landlord has consistently not complied. This was a warning to the applicant that they have a problem landlord. Commissioner Bristol stated the church is taking out and putting in a use, had they come in legally, before operating, they would have had a tougher time due to the history of this site. The fact that ~ Pastor wants to use the outside, is a problem and that is why that use has been turned down in this He stated that nobody on Planning Commission had problems with the hours. 9:00 p.m. mid-week or 10:00 p.m. Wednesday, Sunday, Saturday 7:00 p.m. to 9:00 p.m., they want 10:00 p.m. building before, because of the activity of that building a commercial retail center, and the residents. The Pastor's comment about being able to walk around and do what any church would do. Commissioner Bristol feels that most churches are not allowed outside that close to residents. Issues will stay and residents will remain whether the church is there or not. He agrees to keep conditions the way they are except for the fence. Pastor Manning also agreed on 10:00 p.m. Commissioner Arnold suggested Tuesday through Saturday 9:00 p.m. to 10:00 p.m. ~ 05-21-01 Page 12 MAY 21, 2001 PLANNING COMMISSION MINUTES During the Action: ~ Commissioner Vanderbilt asked if staff wants language in Conditional Use Permit about expanding hours during the work week, in light of the other restrictions talked about, are they comfortable with one year given the restrictions proposed, but do the hours of operation change staff's opinion of this recommendation for a one year permit? Greg McCafferty stated it is just for the additional hour and then it is expanded from Tuesday through Saturday. He asked for clarification whether that also means that on the other days the church could also have bible study as well or whatever other gathering they would like to have during the week until 10:00 p.m.? Commissioner Vanderbilt felt they are talking about counseling, which is one service they provide and that sounds different from a bible study where there is music involved and larger amounts of people coming in and out. It would be helpful to hear what the intent would be of those extra hours. Pastor Manning said that the extra hours would simply be for the flexibility if they have counseling. Their definition of a bible study is a small group idea, 8 to 10 people, probably no music involved in that. That way they can get together when they need to get together in order to operate the business, whether it be counseling, one-on-one, orjust Board of Director's meetings. The worship is on Sunday mornings, they are not talking of having worship services every night. He apologized for being in operation without the Conditional Use Permit and they are not asking that there be no restrictions on the church. Commissioner Bostwick recommended that the existing white fence on the front of the property toward Orangethorpe Avenue be removed. The existing wrought iron fence between the building and • the edge of the building to the fence will remain. Commissioner Bristol spoke of hours of operation, Condition No. 14, remove Wednesday and Saturday and put Tuesday through Saturday, 7:00 p.m. to 10:00 p.m. Greg McCafferty asked whether there office staff present during the day from 9:00 a.m. to 10:00 p.m. Commissioner Bristol felt he should separate the two items. Commissioner Vanderbilt asked to add on the comments made in regards to the type of activities to be done during the week. He wanted it explicitly understood that it is counseling or small group with no music on the Tuesday through Saturday hours. Commissioner Bristol stated that 7:00 p.m. to 10:00 p.m. on Tuesdays. Greg McCafferty stated that the issue is the parking study. The parking study said that during the week it might be more problematic to have full services there. During the weekends on Sundays, the peak demand for all the uses will be satisfied by the existing parking, that might not be the situation during the week. Chairperson Koos stated that the services are at night during the week, the comic book shop next door is closed etc. You might not have that problem. . 05-21-01 Page 13 MAY 21, 2001 PLANNING COMMISSION MINUTES • Commissioner Vanderbilt asked about the near by liquor store. Chairperson Koos indicated it is probably open until approximately 10:00 p.m. Commissioner Vanderbilt asked if staff wanted to add language in the Conditional Use Permit that the church can monitor their activity in the next year and say they complied without the risk of this temptation. Commissioner Bristol stated he will keep this the way it is. He does not want to micro-manage church activities between 7:00 p.m. and 10:00 p.m. This will be known in a year. OPPOSITION: None 8 people spoke in favor, a petition with 12 signatures was submitted. ACTION: Approved CEQA Negative Declaration Approved, in part, the Waiver of Code Requirement, as follows: Approved waiver (a) pertaining to minimum number of parking spaces; and denied waiver (b) pertaining to minimum setback of institutional uses adjacent to a residential zone boundary based on revised plans submitted by the petitioner eliminating the need for this waiver. ~ Granted Conditional Use Permit No. 2001-04355 for one year (to expire on May 21, 2002) subject to the conditions of approval as listed in the staff report dated May 21, 2001 with the following modifications: Modified Condition Nos. 3 and 14 to read as follows: 3. That the existing white wrought-iron fence previously utilized to enclose the outdoor play area shall be removed from in front of the property, therefore allowing the wrought-iron fence to remain between the edge of the building and the rear fence. 14. That based on the findings of the parking study prepared by Katz, Okitzu and Associates dated April 2, 2001, the size of the congregation shall be limited to 75 adults with the following hours of operation: Sunday: 9:00 a.m. to 12:30 p.m. (two services) Tuesday through Saturday: 7:00 p.m. to 10:00 p.m. Tuesday through Friday: 9:00 a.m. to 5:00 p.m. (two employees) VOTE: 7-0 Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 57 minutes (1:43-2:40) • 05-21-01 Page 14 MAY 21, 2001 PLANNING COMMISSION MINUTES -_.J • . 5a. CEQA CATEGORICAL EXEMPTION - CLASS 1 Continued to 5b. CONDITIONAL USE PERMIT NO. 931 June 18, 2001 (TRACKING NO. CUP 2001-04354) OWNER: Arnel and Marie Melody Reyes, 2270 Ashbourne Drive, San Marino, CA 91108 LOCATION: 1652 West Broadway. Property is approximately 0.42 acres, has a frontage of 90 feet on the south side of Broadway and is located 815 feet east of the centerline of Euclid Street (Amaryliis Court). To modify the operational conditions for an existing rest home for the elderly to permit board and care for disabled adults ages 18 to 59. CONDITIONAL USE PERMIT RESOLUTION NO. SR7976KP.DOC Applicant's Statement: Carlos Negrete, 27422 Calle Arroyo, San Juan Capistrano, applicanYs attorney present. Public Testimony: Tony Freeman, 8512 East Heathview Lane, Orange, 92869. Representing Amaryllis Court. OPPOSITION: None ACTION: Commissioner Bristol offered a motion, seconded by Commissioner Napoles and MOTION CARRIED, to continue the subject request to the June 18, 2001 Planning Commission meeting as requested by the petitioner. VOTE: 7-0 DISCUSSION TIME: This item was not discussed. 05-21-01 Page 15 MAY 21, 2001 PLANNING COMMISSION MINUTES ~ 6a. CEQA NEGATIVE DECLARATION 6b. CONDITIONAL USE PERMIT NO. 2001-04349 OWNER: Pacific Media Property, Attn: Warren Owens, PO Box 2248, Orange, CA 92859 AGENT: Dumitru D. Popa, Jr., 11902 Brookhaven Street, Garden Grove, CA 92840 LOCATION: 1319 and 1325 South Euclid Street. Property is 0.66 acres located at the northwest corner of Euclid Street and Chalet Avenue. To permit a twenty-four (24) hour child care center for up to 90 children. Continued from May 7, 2001 Planning Commission meeting. CONDITIONAL USE PERMIT RESOLUTION NO. . L~ Introduction by Staff: Continued to June 18, 2001 SR1006GK.DOC Greg McCafferty, Senior Planner, introduced Conditional Use Permit No. 2001-04349 for property located at 1319 and 1325 South Euclid Street. This is a request to permit a 24-hour child care center for up to 90 children. Staff is recommending denial of the proposed use based on its proximity to residential and the current design of the site plan potentially impacting those residents with noise. ApplicanYs Statement: Ruth Rowell, 406 Falcon Street, Anaheim, 92804. She stated that due to parking matters that they are trying to work out, they are requesting a 30-day continuance. THE PUBLIC HEARING WAS OPENED. No speakers. THE PUBLIC HEARING WAS CLOSED. Commissioner Bostwick stated he would lean toward favoring this proposal if some changes are made. They need to keep playground away from the neighborhood and the alley, and keep the parking in the back. Their proposal is to put an eight-foot wall there, and conditions about lighting. The lighting should shine away from neighbors. Greg McCafferty indicated there is a condition regarding the lighting in the conditions of approval. Commissioner Boydstun stated they need to get the playground moved in closer to the building. Possibly split it, with the primary ages on one side, others on another side. They would need some hours of restriction as to how late the children can be outside. Commissioner Arnold stated that Greg McCafferty was showing Commission how this could work and that Mr. McCafferty said he would work with the applicant and neighborhood group. 05-21-01 Page 16 MAY 21, 2001 PLANNING COMMISSION MINUTES Greg McCafferty stated he would be sorting out the mutual parking issue between their property and • property to the north, they have the recorded agreements that applicant provided and they are still trying to get an absolute number on the square footage of the building to the north. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: A letter of concern/opposition was received today from the Anawood Neighborhood Council. ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Boydstun and MOTION CARRIED, to continue the subject request to the June 18, 2001 Planning Commission meeting as requested by the petitioner in today's meeting. VOTE: 7-0 DISCUSSION TIME: 3 minutes (2:41-2:44) ~ U 05-21-01 Page 17 MAY 21, 2001 PLANNING COMMISSION MINUTES ~ • CJ 7a. CEQA NEGATIVE DECLARATION Continued to 7b. RECLASSIFICATION NO. 2001-00047 June 18, 2001 7c. VARIANCE NO. 2001-04432 7d. TENTATIVE PARCEL MAP NO. 2000-211 (SUBTPM 2000-211) OWNER: Donald Skjerven, 1020 North Batavia Street, #Q, Orange, CA 92867 LOCATION: 1628 West Orangewood Avenue. Property is 0.43 acres having a frontage of 100 feet on the south side of Orangewood Avenue, located 100 feet east of the centerline of Della Lane. Reclassification No. 2001-00047: Requests approval of Reclassification to reclassify this property from the RS-A-43,000 (Residential/Agricultural) Zone to the RS-7200 (Residential, Single- Family) Zone. Variance No. 2001-04432: Waiver of (a) minimum lot depth, (b) minimum lot size, (c) minimum lot width, and (d) orientation of residential structures, to establish a 3-lot RS-7200 zoned single-family residential subdivision. Tentative Parcel Map No. 2000-211: To establish a 3-Iot, single-family residential subdivision. Continued from May 7, 2001 Planning Commission meeting. RECLASSIFICATION RESOLUTION NO. VARIANCE RESOLUTION NO. SR7956KP.DOC ApplicanYs Statement: Donald Skjerven stated in the morning session he requested a four-week continuance to June 18, 2001. Public Testimony: Barbara Selleck, homeowner on Della Lane was present, and stated she will wait until the June 18, 2001 meeting to give public testimony. 05-21-01 Page 18 MAY 21, 2001 PLANNING COMMISSION MINUTES ~ FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Commissioner Boydstun offered a motion, seconded by Commissioner Bostwick and MOTION CARRIED, to continue the subject request to the June 18, 2001 Planning Commission meeting as a letter was received today by the applicant requesting a continuance. VOTE: 7-0 DISCUSSION TIME: This item was not discussed. MEETING ADJOURNED AT 2:45 P.M. TO MONDAY, JUNE 4, 2001 AT 11:00 A.M. FOR PRELIMINARY PLAN REVIEW. ~ Respectfully submitted: ~ ~~ `~~~ ~~~~ Jani~ O'Connor, Sen~or Secretary .~.~ ! Received and approved by the Planning Commission on ~ ~ 1 • 05-21-01 Page 19