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Minutes-PC 2004/08/23~ /O~ ~~ U ~ ~j~ E I 1Vj P~ '~o N ~ \ DED c,~~ t~ 0 ~ ~ ~ ~ %~ ~a% CITY OF ANAHEIM Planning Commission Supplemental Detailed Minutes Monday, August 23, 2004 (Conditional Use Permit No. 2004-04857, Item No. 3) Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California n U u CHAIRMAN: GAIL EASTMAN COMMISSIONERS PRESENT: KELLY BUFFA, CECILIA FLORES, JERRY O'CONNELL, DAVID ROMERO, JAMES VANDERBILT-LINAR~S, PAT VELASQUEZ COMMISSIONERS ABSENT: NONE STAFF PRESENT: Mark Gordon, Deputy City Attorney Greg Hastings, Planning Services Manager Annika Santalahti, Zoning Administrator Dave See, Senior Planner Alfred Yalda, Principal Transportation Planner James Ling, Associate Civil Engineer Elly Morris, Senior Secretary Pat Chandler, Senior Secretary Danielle Masciel, Word Processing Operator You may leave a message for the Planning Commission using the following e-mail address: pianninqcommission(a~anaheim.net H:\DOCS\CLERICAL\MINUTES\SUPPLEMENTALMI NUTES082304.DOC AUGUST 23, 2004 PLANNING COMMISSION SUPPLEMENTAL DETAILED MINUTES • 3a. CEQA Neqative Declaration Approved 3b. Waiver Of Code Requirement Approved, in part 3c. Conditional Use Permit No. 2004-04857 Granted for 1 year ~ (to expire on Owner: John Lee, 3026 West Ball Road, Anaheim, CA 92804 August 23, 2005) Agent: Chung Myung, 3380 Flair Drive, Suite 222, EI Monte, CA 91731 Location: 3026 West Ball Road. Property is approximately 0.41- acre, landiocked parcel located on the south side of Ball Road, located 418 feet west of the centerline of Beach Boulevard. Request to permit a church within an existing residence with a separate accessory pastor's quarters with waivers of: (a) minimum setback for institutional uses abutting a residential zone boundary, and (b) minimum number of parking spaces. Continued from the August 9, 2004, Planning Commission meeting. sr8756dh(a).doc Conditional Use Permit Resolution No. PC2004-91 Chairman Eastman opened the public hearing. • Dave See, Senior Planner, introduced Item No. 3. ApplicanYs Testimony: Myung Chung, CMC Architects & Engineers, 3380 Flair Drive #222, EI Monte, CA, prepared a PowerPoint presentation to clarify issues regarding landscaping, parking, access from the westbound traffic along Ball Road; and the trash pickups. He also noted that 3 of the abutting condominium owners have signed a letter in support of the church. The PowerPoint presentation illustrated the following: • The condominiums to the west of the church property that directly abut the proposed parking area and pastor's residence. • Plans illustrating the ability to plant 10 foot high hedges and 20 to 25 foot high trees within the six-foot wide landscape planter along the west property line. • The ingress/egress easement to the church site via a shared driveway with the commercial property to the north. • Photos taken on Sunday, August 15, 2004 at 8:30 a.m. and 4:00 p.m. of the existing commercial property to the north of the proposed church documenting that those businesses are not in operation on Sundays. ^ A section indicating the 6-foot wide setback with additional landscaping in proportion to the two story condo units. • Several photo's indicating adjacent properties curb side trash barrels. John Lee, Pastor of The Disciple Church, 3026 W. Ball Road, Anaheim, CA, stated that he feels the main issue is the size and population of the church; that the property was not big enough for the church population. So he wished to reiterate that it is their desire to be a small church, called The Disciple Church . for a reason; to have an intensive study with those who would be a part of their church. They wish to build a relationship with their neighbor and would not be using their parking lot at anytime. They spoke to Streets and Sanitation and have been allowed to use barrel containers instead of a trash enclosure, which would have been expensive to build. They plan to wheel the trash barrels out to Ball Road where their 08-23-04 Page 2 AUGUST 23, 2004 PLANNING COMMISSION SUPPLEMENTAL DETAILED MINUTES • neighbors would also be getting their trash picked up. Otherwise, they are in agreement with the conditions as recommended by staff. Public Testimony: Sharon McCracken of Anaheim, CA, stated that property owned by individuals are required to have a note on the property to be evidenced by a bank, and she did not notice one on the subject property. Mary McGuire a City certified Korean translator, appeared with Grace Kim, owner of the Realty Club, 3030 W. Bal{ Road. Ms. Kim appeared in the absence of her husband who was ill. She stated that she is also a Christian but the process was very complicated for her and she really felt that the potential problems created by a church use were not acceptable: Potential fires. She pointed out the entrance of her building and the small corner of the easement where trash bins were located makes it difficult for fire trucks to gain access to the church site. When she moved into the building, they tried to use large trash bins for their dental office but the trash trucks were not able to have access and make their pick up. That is why they now use small trash cans and have also told their tenants to only use small trash cans. She is concerned that if there was a fire, the Fire Department wouid not be able to access their truck onto the property. If the church were allowed to have worship services with approximately 40 people there would be more traffic and more trash. At first she was told that they were only going to use a room on the property as the prayer room and only on Wednesdays; and now they have changed that to requesting a Conditional Use Permit for a church. She believes that in the Korean communities, in the City of Fullerton alone, there are 200 churches. • A concern regarding shared utilities. The utility box for both properties is located in her backyard. Last year the former owner of the proposed church property had trouble with the plumbing. The • plumbing company came out and did research using cameras, etc. Eventually the problem was found in her kitchen. Her carpet was flooded out so she and the former owner split the cost half and half (she showed a check that had cleared through the bank demonstrating the cost). • She does not understand how a church that is a non-profit organization can be located on personal land of the applicant. • Last week she met a member of the church who responded that she parked on her property in front of the dental office. • Concerned about the liability insurance for church members parking on her commercial property. If members back through the entrance and somebody has an accident, since it is on her property they can sue her since she is the owner. , • She is also a Christian but does not wish to come face to face with a pastor who has asked her if she believes in God. She does not feel comfortable with that. Applicant's Rebuttal: Mr. Lee responded that he is not exactly sure what the problem is. He has no knowledge of the situation with the plumbing and the former residence. However, they are trying very hard to build a relationship with their neighbor. They have made major attempts to meet however Mr. and Mrs. Kim have not responded. Today is the first time he has heard any of the complaints, aside from the parking. That they want to win them over. Mr. Chung, the architect, responded that the Fire Department has their own safety guidelines and they will ~ abide by any safety guidelines of the Fire Department. If a fire hydrant is required to make the property safe, they will provide that and anyth+ng else that the standards require. As far as parking, there aren't any cars parked on their property on Sundays all day (as illustrated by the PowerPoint presentation). As far as someone feeling uncomfortable going in and out of a small parking lot, it is a matter of education. The 08-23-04 Page 3 AUGUST 23, 2004 PLANNING COMMISSION SUPPLEMENTAL DETAILED MINUTES ~ members have to be educated not to park on the neighbor's property. He stated that he parked on the property and did not have a problem. Mr. Lee stated that they had already settled the trash issue. Streets and Sanitation Department that determined that a trash enclosure was not required so therefore, no trash trucks would be accessing the site. 7he church property would wheel their barrels out to Ball Road. Commissioner Flores wished to clarify the opponents concerns. Ms. Kim responded that entrance was a small area, just barely big enough for two small cars. She uses small trash cans so that the trash truck can get in and pick up the trash on her property. She was concerned that it will be impossible for the fire truck access to the site especially if there are 19 cars and 40 people there for the church. Their utility box is in her backyard; the circuits are separate from hers, but both housed in the same utility box. Chairman Eastman asked who received the bill, her or her neighbor. Ms. Kim responded that the bill is separate, but the location is the same. Chairman Eastman wished to clarify if there were separate meters. Ms. Kim responded yes, the meters are separate, but the plumbing is connected to one sewer line. If they have a problem and their pipes are ciogged, etc., it backs up in her building. So if there are 40 people using the toilet, she is uncertain what problems she may encounter with the sewer system. The last time the pipes clogged in the neighboring residence, she had to pay half of the bill. Commissioner Vanderbilt-Linares stated that he visited the property today and noticed a sign on the Realty ~ Club building that said, "Realty Club School" and he was curious if she offered real estate classes there. Ms. Kim responded that the real estate office is her husband's business and does offer a real estate school. Commissioner Vanderbilt-Linares stated that he was curious to the type of business because Commission was shown photographs of the parking lot on Sunday, and he would think that real estate business would be busy on weekends. Ms. Kim responded that she is not concerned whether her business is busy or not she is concerned about the church members parking on her property and the liability she may have as the property owner if someone has an accident in her parking lot . Commissioner Vanderbilt-Linares apologized that he did not mean to suggest that whether her parking lot was full or empty that it should impact the applicanYs request for parking. Commission was not taking her parking spaces into account in determining whether the subject project is feasible, but was just curious about the use because the staff is recommending denial based on the intensity of the property and he was just curious how intensely her property is used during the times that they were having services. Ms. Kim stated also her husband's school was previously in session on Tuesday and Thursday mornings but her landlord complained and she changed her time to Tuesday and Thursday nights. On busy times there may be a shortage of parking spaces on her property. She is concerned that with the addition of the church use it will become an even worse situation. Mr. Chung stated regarding fire issues, a fire truck would not have to go all the way onto the property. The Fire Department allows 150 feet of distance for the fire hose to reach the subject property and he believes they have adequate distance for a fire hose to reach the site. He further stated that if the meter is really a • concern they could remove it and relocate the meter to their property Commissioner Eastman asked if the applicant would be willing to have that done. 08-23-04 Page 4 AUGUST 23, 2004 PLANNING COMMISSION SUPPLEMENTAL DETAILED MINUTES • Mr. Chung responded yes, because the neighbor also has gas meter on his client's property. So in a way they are sharing each other's meter locations, but if that's their desire they could make it work. He spoke regarding the plumbing and explained the building code requirements and stated he believes even though the church proposes 40 members no additional toilets would be required. If there were residents living in the house daily, they would cook everyday, shower everyday, and use the bathroom, which would actually be more use than 40 people coming once or twice a week and using the restroom once in a while. He does not feel that it is an intensification of the piumbing use. Also his client is flexible in their schedule of services because they are more of a disciple church and can arrange to start at 10 o'clock or 10:30 depending on the congregation's time. So if the neighbors have a different schedule or changed their schedule, his client could make their schedule flexible to meet theirs. Also his client relayed that once the parking lot is built they would be willing to share their parking lot if their neighbor were in need of parking during those days. THE PUBLIC HEARING WAS CLOSED. Commissioner Vanderbilt-Linares agrees that the Fire Department probably could run the hoses from the street but it seemed whenever there is a two-story structure they always try to bring the truck in with a ladder so they could shoot the water from a height that is equal to or higher than the building itself. He referred to stafif and asked if it mattered whether it was a two-story structure or a single-story as far as access was concerned. Alfred Yalda, Principal Transportation Planner, responded that his understanding is that they would not need to take the truck inside the property if it was 150 feet or less but usually would carry their equipment inside and go up. The reason for that is if it is more than 150 feet their hose would not reach the house and thaYs why they would have to provide some other means; ladders and other type of equipment. James Ling, Associate Civil Engineer, stated also, through the plan check process the Fire Department could get an opportunity to look carefully at the plans and the structure and would decide at that time ~ whether it needed to be sprinkled or if the hoses could reach. Commissioner Velasquez wished to clarify that the applicants were not exempt of anything. The Fire Department would have to make their requirements, etc. Mr. Ling responded thaYs correct. This is just the zoning entitlement and they would have to go through the building permit process and once again all of the departments would have another review. Commissioner Vanderbilt-Linares wished to clarify that there is a meeting where all departments would have an input before the project was presented to Commission. Mr. Hastings responded yes, the inter-departmental meeting. All departments have a chain of occupancy, and would have to look at the project from a building perspective. ThaYs when they would look at each one in accordance with their requirements. But there is a catchall condition that basically requires compliance with all City requirements even not listed in the conditions of approval, otherwise there would be tons of conditions on one resolution. Chairman Eastman asked if Condition No. 9 in the resolution was granted, which required the applicant to reconstruct to accommodate a 10 foot radius curb return according to City standards, if that would be on City property or Mrs. Kim's property. Mr. Yalda responded it would be on the City's property. Chairman Eastman wished to clarify that that it would not affect Mrs. Kim's property. Mr. Yalda responded correct, it would actually makes it better for them to get in out of the property. ~ Commissioner Flores suggested three things; (1) raise the fence adjacent to the condominiums to the west two more feet to 8 feet so that it would give the people in the back more privacy; and (2) Educate church 08-23-04 Page 5 AUGUST 23, 2004 PLANNING COMMISSION SUPPLEMENTAL DETAILED MINUTES ~ members no to park on the adjacent property. In the meantime she suggested a security guard to make sure that people park in the area they were supposed to; and (3) a one-year approval. Commissioner Vanderbilt-Linares concurred with Commissioner Flores regarding the parking attendant. He stated that he was driving in the parking lot and it was very tight. He did not think that there is any way that they couid park their car and back it out and then make the one way exit without backing in. He feels they need to drive through the entire parking lot, make their way around as though leaving the parking lot and then back their car in, in order to use the southern most space. A parking attendant seemed most relevant in these instances because if they tried to do it head first they would be forced to park diagonally, especially if driving a SUV or other large size vehicle. Commissioner Velasquez stated regarding the parking lot and how it would be configured, would reviewed by the Traffic Department to make sure that all required standards are met. She would be opposed to requiring a security guard. It is a great expense to impose and Commission would have to trust in good faith that the appiicant would follow through with their proposal. It is written here that it would be a one year conditional permit and if the applicant wished to continue for more than one year they would have to abide by the conditions of approval. Commissioner Suffa stated that it is always difficult to tell a church group no but she is unconvinced that this site really is large enough to support the use that is proposed. She does not remember a situation coming before Commission in the past where they had to pick their variance. The applicant wouid either get the amount of parking or get the amount of setback required, but they could not have both. So that alone tells her that the site is not big enough for the use thaYs proposed. She was not in favor of the application. Commissioner O'Conneli concurred with Commissioner Velasquez and feels that Commission couid look at the project over the next year and see if there is any continuing problems. The oniy advice he would have for Mr. Lee is to make sure that he did not park in the adjacent commercial property and educate his ~ parishioners as to accessing the site, entering, leaving and where to park. He also indicated that they should try to be a good neighbor. Commissioner Romero stated that he feels the same way as he did in the August 9, 2004 Planning Commission Meeting, the subject property is very unique and because it is unique there is going to be problems with whatever use that goes in there, and by putting this use in, giving the applicant the CUP for one year, and putting specific conditions on it, he believed it was the best use for this particular situation. DURING THE MOTION: Commissioner Vanderbilt-Linares stated that in regards to Commissioner Velasquez's statement with respect to good faith, he supports that idea and concurs that there is the weight of the one year permit hanging over the heads of the applicant in order to make it work, but he wished to add that he would encourage the applicant to use education or signs or whatever means possible in order to figure out a way to make the parking work, because it is very difficult to maneuver around some of the building structures to get into the parking spaces and while it looked good on paper, in reality it is a much more difficult challenge. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOS{T10N: A person spoke in opposition to the subject request. IN GENERAL: A person spoke unrelated to the subject request. ~ ACTION: Approved CEQA Negative Declaration 08-23-04 Page 6 AUGUST 23, 2004 PLANNING COMMISSION SUPPLEMENTAL DETAILED MINUTES ~ Approved, in part, Waiver of Code Requirement, as follows: Approved waiver (a) pertaining to the minimum setback for institutional uses abutting a residentiai zone boundary; and denied waiver (b) pertaining to minimum number of parking spaces since it has been deleted. Granted Conditional Use Permit No. 2004-04857 (to permit a church within an existing residence with a separate accessory pastor's quarters) for a period of one (1) year, to expire on August 23, 2005; and adoption of the resolution attached to the staff report dated August 23, 2004, including the findings and conditions contained therein, with the following modifications: Modified Condition Nos. 18 and 19 to read as follows: 18. That prior to the start of any parking !ot construction activities the appiicant shall submit a Water Quality Management Plan (WQMP) prepared by a registered professional Civil Engineer in the State of California consistent with the requirements of Section 7 and Exhibit 7.11 of the Orange County Drainage Area Management Plan (DAMP) for New Development/Significant Redevelopment projects. The WQMP shall: identify potential sources of pollutants during the long-term on-going maintenance and use of the proposed project that could affect the quality of the stormwater runoff from the project site; define Source Control, Site Design, and treatment Control (if applicable) best management practices (BMP's) to control or eliminate the discharge of pollutants into the surface water runoff; and provide a monitoring program to address the long-term implementation of and compliance with the defined BMP's. ~ 19. That prior to the start of any parking lot construction activities, the applicant shall submit a Grading Plan prepared by a registered professional Civil Engineer in the State of California consistent with the requirements of Chapter 17.04 of the Anaheim Municipal Code. The grading plan shall be submitted to the Department of Public Works, Devefopment Services Division for review and approval. A grading permit is required for cut or fills exceeding 500 cubic yards. Allow at least 8 weeks to obtain a grading permit. Deleted Condition No. 10. VOTE ON CEQA: 7-0 VOTE ON WAIVER AND CUP: 6-1 (Commissioner Buffa voted no since she doesn't feel the site is large enough to support the proposed use.) Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, September 14, 2004. DISCUSSION TIME: 53 Minutes (2:06-2:59} ~ 08-23-04 Page 7 AUGUST 23, 2004 PLANNING COMM{SSION SUPPLEMENTAL DETAILED MINUTES ~.~1 ~ ~ MEETING ADJOURNED AT 3:25 P.M. TO WEDNESDAY, SEPTEMBER 8, 2004 AT 11:00 A.M. FOR PRELIMINARY PLAN REVIEW. Res ectfully submitted: \ t Pat Ch dler, Senior Secretary Received and approved by the Planning Commission on 8, 2004. 08-23-04 Page 8