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Minutes-PC 2008/10/13~ty of na ei lannin Co ission, _ Minutes Nlondav, October 13, 2008 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California Commissioners Present: Commissioners Abse~t: Staff Present: Ted White, Senior Planner Mark Gordon, Assistant City Attorney Scott Koehm, Associate Planner Kim Wong, Planner Diane Bathgate, Contract Planner Chairman: Joseph Karaki Gail Eastman, Stephen Faessel Victoria Ramirez, Panky Romero Peter Agarwal, Kelly Buffa Raul Garcia, Principal Civil Engineer David Kennedy, Associate Transportation Planner Grace Medina, Senior Secretary Donna Patino, Secretary Agenda Posting: A complete copy of the Planning Commission Agenda was posted at 10:00 a.m. on Wednesday, October 13, 2008, inside the display case located in the foyer of the Council Chamber, and also in the outside display kiosk. Published: Anaheim Bulletin Newspaper on Thursday, October 2, 2008 e Call to Order o Preliminary Plan Review 1:30 P.IVI. • STAFF UPDATE TO COMMISSION ON VARIOUS CITY DEVELOPMENTS AND ISSUES (AS REQUESTED BY PLANNING COMMISSION) • PRELIMINARY PLAN REVIEW FOR ITEMS ON THE OCTOBER 13, 2008 AGENDA • Recess to Public Hearing . Reconvene to Public Hearing 2:30 P.M. Attendance: 18 e Pledge of Allegiance: Commissioner Ramirez • Public Comments . Consent Calendar • Public Hearing Items o Adjournment H:\TOOLS\Planning Commission Adminislration\PC Aclion Agendas - Minutest2008 Minutes~2008 MinutesWC101308.doc OCTOBER 13, 2008 PLANMING COMMISSION MINUTES Anaheim Planning Commission Agenda - 2:30 P.M. Public Comments: None Consent Calendar: Commissioner Faessel offered a motion, seconded by Commissioner Romero and MOTION CARRIED, for approval of Consent Calendar ttem 1A and to continue Item 5 as recommended by staff. UNANIMOUSLY APPROV~D Due to technical di~culties, Items 1 through 6 of the Planning Commissio~ meefing were not recorded. The following is a summary based on staff s recollections and notes for those items. Ifem 7 and 8 were recorded and minutes were prepared based on fhe recordings. Minutes ITEM 1A Receiving and approving the Minutes from the Planning Commission Meeting of September 29, 2008. NOTE: Meeting minutes have been provided to the Planning Commission and are available for review at the Planning Department. Consent Calendar Approval VOTE: 5-0 Commissioners Agarwal and Buffa absent 10/13/08 Page 2 of 19 OCTOBER 13, 2008 PLAPlPJIPIG COIVIMISSIOfV MINUTES Public Hearina Items: ITEM NO. 2 Approved CEQA CATEGORICAL EXEMPTION CLASS 3 AND CONDITIONAL USE PERMIT MO. 2008-05340 Resolution tdo. PC2008-97 (Eastman) Owner: Enayatollah Hassanzada 35 Argusto Irvine, CA 92606 VOTE: 5-0 Commissioners Agarwal and Applicant: Shiv Talwar Buffa absent Design Concepts 4091 Riverside Drive, Suite 110 Chino, CA 91710 Hitesh Patel 13372 Newport Avenue, Suite B Tustin, CA 92780 Location: 1311 South Anaheim Boulevard: This property is approximately .34-acres, having a frontage of 75 fest on the west side of Anaheim Boulevard and approximately 675 feet south of the centerline of Ball Road. Request to convert four apartment units into a one-unit medical Project Planner: office building. Diane Bathgate dbathqate(a~anaheim. net Diane Bathgate, Contract Pianner, presented the staff report. Chairman Karaki ope~ed the public meeting. Shiv Talwar, project architect, 4091 Riverside Drive, Suite 110, Chino, 91710, indicated that he had reviewed and agreed to the conditions of approval and that he was available to answer any questions. Hiro Yasuda, 2888 N. Wyngate Road, stated that he is not against the project but was concerned with the traffic congestion at the driveway off of Anaheim Boulevard that is'located between the shopping center and the proposed medical office property. He requested that the traffic problems at the intersection be addressed. He specifically pointed out that left turns to northbound Anaheim Boulevard are dangerous during afternoon peak traffic hours and inquired whether a traffic signal would be appropriate at this location. Commissioner Eastman asked the Public Works staff to confirm whether this was a public or private vehicular accessway and respond to the applicants concerns. 10/13/08 Page3of19 OCTOBER 13, 2008 PLAMPIIIdG COMMISSIOM MfMUTES David Kennedy, Associate Transportation Planner, confirmed that this driveway was a private vehicular accessway and stated that it would be up to the property owner to request a traffic signal at that location. Upon request, a traffic signal warrant analysis would be conducted to determine whether a signal would be necessary at this location. He also noted that A~aheim Boulevard is designated as a 6-lane primary arterial and raised median from Ball Road to Winston is planned to be installed in the future. The future median would prohibit left turns out of this driveway. Based on the traffic volumes and proximity to nearby signals, Mr. Kennedy did not believe that a signal would be warranted at this location. He indicated that Traffic Engineering staff would inspect the site and determine if there was a need for directional sign and possibly the prohibition of left turns to northbound Anaheim Boulevard, and report back to the Commission. Dr. Hitesh Patel, business owner, 13372 Newport Avenue Suite B, Tustin, stated that he has two similar clinics in Santa Ana and Costa Mesa. He indicated that most of his patients use public transportation or walk to the center and would not be driving to this facility. He indicated that he does foresee a parking problem or added congestion due to this use. Maricela Alvarez, property owner, 1003 S. Hilda Street, Anaheim, stated that she owns a complex near this project and that she shared concerns regarding the parking and congestion of the driveway between the market and the proposed medical office. She also mentioned that there were many patients with mental disabilities that live in the immediate vicinity and there are Code Enforcement issues with the surroundi~g properties. She was not opposed to this project but was concerned that it might cause more congestion. Chairman Karaki asked if there was anyone further who would like to speak to this item; seeing none, he closed the public hearing. Commissioner Faessel commented that this parcel needed attention and would benefit from the improvements proposed by the applicant. He also confirmed that the roof equipment wili be screened by a parapet structure. Commissioner Eastman requested that Code Enforcement staff take a look at the group homes in the vicinity and determine if there was any code violations associated with those uses, including over crowding and parking in alleys. Commissioner Romero reiterated that he would like Traffic Engineering staff to take a look at whether there should be a"No left turn signal" placed at the intersection of the driveway and Anaheim Boulevard. He expressed that he was in favor of the project and believed it may reduce congestion ir the area. Commissioner Ramirez agreed that the issues of the neighbors should be looked into by the Code Enforcement Department. She was in support of the project. Chairman Karaki indicated support of the project and expressed appreciation to the applicant for improving the existing building and site. Ted White, Senior Planner, stated that Code Enforcement along with the Traffic Engineering Department will look into their concerns and report back to them. 10/13/08 Page 4 of 19 OCTOBER 13, 2008 PLANNING COMMISSION MINUTES Commissioner Eastman offered a recommendation that the Planning Commission adopt the attached resolution to approve the CEQA Categorical Exemption, Class 3 and Conditional Use Permit No:°- 2008-05340. Grace Medina, Senior Secretary, announced that the resolution passed with 5 aye votes Commissioner's Agarwal and Buffa were absent. IM GENERAL: 2 persons spoke regarding traffic safety concerns. Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, November 4, 2008. DISCUSSION TIME: 33 minutes (2:38 to 3:13) 10/13/08 Page 5 of 19 OCTOBER 13, 2008 PLAN(dING COMMISSION MINUTES ITEM NO. 3 Owner: Lennar Platinum Triangle, LLC 25 Enterprise Aliso Viejo, CA 92656 Applicant: Donna Kelly Lennar 25 Enterprise Aliso Viejo, CA 92656 Location: 1404 East Katella Avenue: This property is approximately 41.4 gross acres, generally located between Katelia Avenue and Gene Autry Way, extending from State College ~oulevard to just west of Betmor Lane. Approximately 7.1 gross acres are located within The Platinum Triangle, Gene Autry District, and 34.3 gross acres are within The Platinum Triangle, Katella District. Request to amend the Development Agreement to extend the term by an additional five years. This would provide for the development of a previously-approved master planned community with up to 2,681 dwelling units, up to 150,000 square feet of commercial uses, two public parks, public streets and related infrastructure in four phases over a period of 25 years. Ted White, Senior Planner, presenked the staff report. Chairman Karaki opened the public hearing. Resolution No. PC2008-98 (Faessel) Approved, with recommendations for enhanced temporary site screening Recommended for City Council Review VOTE: 5-0 Commissioners Agarwal and Buffa absent Project Planner: Ted White twhite(a~anaheim. net Donna Kelly, applicant representing Lennar, 25 Enterprise, Aliso Viejo, CA, 92656, stated that they are requesting this extension to the Development Agreement at the request of their lenders. She indicated that they are fully committed to their projects in Anaheim and are excited to develop as soon as the market conditions will allow them to build a successful product. She indicated that Lennar is proposing to install a wooden fence with vines and irrigation along the perimeter of their projects since the project sites will remain vacant for an extended period of time. 10/13/OS Page 6 of 19 OCTOBER 13, 2008 PLANNING COMMISSIOM MINUTES A general discussion between the Commissioners and the applicant occurred relating to the development market and anticipated timeframes for beginning construction. Ms. Kelly indicated that she was unable to give any specific i~formation regarding timeframes for the start of construction: A further discussion between the Commission and applicant occurred regarding the appr"opriate method and design of site screening. Concerns of the Commission included the site screening material, fence location, graffiti opportunities, and visibility of the vacant site from new residential buildings being constructed in the area, and appropriate type and amount of landscaping. Commissioner Faessel offered a recommendation that the Planning Commission adopt the attached resolution recommending that the City Council approve an amendment to Development Agreement No. 2005-0008 to extend the term of the Development Agreement by five years and that the project site have enhanced perimeter screening. Grace Medina, Senior Secretary, announced that the resolution passed with 5 aye votes. Commissioner's Agarwal and Buffa were absent. OPPOSITIOfd: None Mark Gordon, Assistant City Attorney, presented the 10 day appeal rights ending at 5:00 p.m. on Tuesday, October 23, 2008. DISCUSSION TfIViE: 30 minutes (3:13 to 3:43) 10/13/08 Page 7 of 19 OCTOBER 13, 2008 PLAfdNIP1G COMMISSION MINUTES ITEM NO. 4 Owner: Lennar Platinum Triangle, LLC 25 Enterprise Aliso Viejo, CA 92656 Applicant: Donna Kelly Lennar 25 Enterprise Aliso Viejo, CA 92656 Location: 2050 South State Colleqe Boulevard and 2015 - 2125 East Oranqewood Avenue: This property is approximately 15:6 gross acres, generally located at the northeast corner of Orangewood Avenue and State College Boulevard, with approximately 960 feet of frontage on the north side of Orangewood Avenue and 590 feet of frontage on the east side of State Coliege Boulevard, in The Platinum Triangle, Gateway District. Request to amend the Development Agreement to extend the term by an additional three years~. This would provide for the development of a previously-approved residential community_ with up to 878 dwelling units, two public parks, public streets and related infrastructure in three phases over a period of eighteen years. * Plote: This item was advertised as a request to extend the term of the Development Agreement by an additional five years. Ted White, Senior Pianner, presented the staff report. Chairman Karaki opened the pubiic hearing. Resolution tdo. PC2008-99 (Romero) Approved, with recommendations for enhanced temporary site screening Recommended for City Council Review VOTE: 5-0 Commissioners Agarwal and Buffa absent Project Planner: Ted White twhite(a)anaheim. net Donna Kelly, representing Lennar, 25 Enterprise, Aliso Viejo, CA, 92656 stated that they are requesting this extension to the Development Agreement for the A-Town Stadium project at the request of their lenders. Their proposal to add wood fencing with vines and irrigation also appiies to this site. 10(13/08 Page 8 of 19 OCTOBER 13, 2008 PLAMPJIMG COMMISSION MIfdUTES Chairman Karaki asked if there was anyone who would tike to speak to this item; seeing none, he closed the public hearing. Commissioner Romero offered a recommendation that the Planning Commission adopt the attached resolution recommending that City Council approve an Amendment to the Development Agreement No. 2006-00002 to extend the term of the Development Agreement by three years and that the project site have enhanced perimeter screening. Grace Medina, Senior Secretary, announced that the resolution passed with 5 aye votes. Commissioner's Agarwal and Buffa were absent. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 10 day appeal rights ending at 5:00 p.m. on Tuesday, October 23, 2008. DISCUSSION TIME: 2 minutes {3:43 to 3:45) 10/13/08 Page 9 of 19 OCTOBER 13, 2008 PLANPIIPIG COMMISSION MIfdUTES ITEM NO. 5 CEQA NEGATIVE DECLARATION, RECLASSIFICATION NO. 2008-00215. VARIANCE P10. 2008-04749 AMD TENTATIVE PARCEL MAP NO. 2006-229 Owner: Amanik, Inc. 603 Seagaze Drive, #759 Oceanside, CA 92054 Applicant: Haliaday & Mim Mack, Inc 1181 California Avenue, Suite 102 Corona, CA 92881 Location: 7260 Canvon Rim Road: This property is approximately 1.06 acres, having a frontage of 542 feet on the south side of Canyon Rim Road, approximately 92 feet west of the centerline of The Highlands. Request to subdivide the property to establish a 3-lot, 3-unit single-family detached residential subdivision. This project requires approval of the foliowing actions: Reclassification No. 2008-00215 - reclassification of the subject property from the Transition (T) Zone to the Single-family Residential {RS-3) Zone; Tentative Parcel Map No. 2006-229 - to establish a 3-1ot, 3-unit single-family detached residential subdivision; Variance No. 2008-04749 - to permit vehicular access on an arterial highway (Canyon Rim Road) when vehicular access is not permitted and the new parceis to have a depth less than 150 feet. Continued to October 27, 2008 Motion: Eastman/Romero VOTE: 5-0 Commissioners Agarwal and Buffa absent Project Planner: Kimberly Wong kwanq2(a)anaheim. net Commissioner Eastman offered a motion, seconded by Commissioner Romero to continue Item No. 5 until the Planning Commission meeting of October 27, 2008. Motion passed with 5 aye votes. Commissioner's Agarwai and Buffa were absent. DISCUSSION TIME: This item was not discussed. 10/13/08 Page 10 of 19 OCTOBER 13, 2008 PLANPIING COMMISSIOM IVIINUTES ITEM NO. fi ~ ~_ ,.._. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) AND ABflENDMEt~T TO COMDITIONAL USE PERMIT PIO. 2007-05226 Resolution No. PC2008-100 (TRACKING MO. CUP2008-05351) (Eastman) Owner: Neai Desai 23800 Via Del Rio Approved Yorba Linda, CA 92887 Applicant: John Dodson VOTE: 5-0 1330 Olympic Boulevard Commissioners Agarwal and Santa Monica, CA 90404 0000 Buffa absent Location: 1112 North Brookhurst Street and 2157-2165 West La Palma Avenue: This property is approximately 1.5 acres, having a frontage of 266 feet on the north side of La Palma Avenue and 86 feet on the east side of Brookhurst Street and approximately 190 feet east of the centerline of Brookhurst Street. Request to modify plans for a previously-approved Projecr P~anner: conditional use permit for a commercial retail center to Kimberty Wong kwonq2(a~anaheim. net increase the number of units from 12 to 14 and to permit a convenience market without the sales of beer a~d wine. Kimberly Wong, Planner presented the staff report. Chairman Karaki opened the public hearing. John Dodson, applicant, 1330 Olympic Boulevard Los Angeles, CA 90404, stated that he has reviewed the draft conditions of approval and did not have any changes and was available to answer any questions. Chairman Karaki asked if there was anyone who would like to speak to this item; seeing none, he closed the public hearing. Commissioner Eastman verified with the appiicant that he understood that the future convenience market would not be permitted to sell alcoholic beverages since it is not permitted in the zone. John Dodson verified that the sales of alcoholic beverages would not be permitted. Commissioner Eastman offered a recommendation that the Planning Commission adopt the attached resolution to approve the previously-approved Negative Declaration and to approve the amendment to Conditional Use Permit No. 2007-05226 as recommended by staff. 10/13/08 Page 11 of 19 OCTOBER 13, 2008 PLANIdING COMMISSION MfNUTES Grace Medina, Senior Secretary announced that the resolution passed with 5 aye votes. Commissioner's Agarwal and Buffa were absent. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, November 4, 2008. DISCUSSIOM TIME: 6 minutes (3:45 to 3:51) Break 3:51 - 4:02 10/13/08 Page 12 of 19 OCTOBER 13, 2008 PLAfdNING COMM'ISSION MINUTES ITEM fd0. 7 CEQA CATEGORICAL EXEMPTION, CLASS 1, COIdDITIOMAL USE PERMIT NO. 2008-05342 AND REQUEST FOR DETERMIMATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2008-00049 Owner Robert Gundling and 5131 Ohio Street Applicant: Yorba Linda, CA 92886 Location: 1211 North Las Brisas Street: This property is approximately 0.22 acres, having a frontage of 141 feet along the north side of Las Brisas Street, approximately 117 feet from the centerline of La Cresta Avenue. Request to permit a winery and tasting room with retail sales and on-premises consumption of alcoholic beverages. Resolution iVo. PC2008-101 Resolution Mo. PC2008-102 (Ramirez) CUP Approved PCN Approved, modified Condition fdo. 3 VOTE: 5-0 Commissioners Agarwal and Buffa absent Project Planner: Scott Koehm skoehm onanaheim.net Scott Koehm, Associate Planner, presented the staff report. Staff read into the record a modification to Condition of Approval No. 3 of the Public Convenience or Necessity; "No distilled spirits shali be sold under this license except as other wise permitted under the ABC Type 2 Winegrower license issued by the Department of Aicoholic Beverage Control." Chairman Karaki opened the public hearing. Robert Gundling, OC Custom Wine Inc., 1211 N. Las Brisas Street, stated that he is available to answer any questions. Commissioner Faessel asked the applicant if they planned to bring in fruit to crush on site. Mr. Gundiing replied yes. They are small scale company that caters to a higher end wi~e consumer. They plan to crush the fruit in San Luis Obispo and bring it back to Anaheim as finished wine. The central coast fruit and San Diego fruit will be brought to Anaheim for crushing. Commissioner Faessel understood that they will bring back the crushed product in order to blend. He asked if the facility would be more of a blending facility. 10/13/OS Page 13 of 19 OCTOBER 13, 2008 PLANNIMG COMMISSION MINUTES Mr. Gundting stated that the consumers would blend the product. The consumer experience will allow them to taste different styles of wine. They will walk through a process that will show them how a wine maker would make a finished custom wine by evaluating taste and color. Chairman Karaki asked if there was anyone who would like to speak regarding this item; seeing none, he closed the public hearing. Commissioner Ramirez offered a recommendation that the Planning Commission adopt the attached resolutions to approve CEQA Categorical Exemption Ciass 1 and to approve Conditional Use Permit No. 2008-05342 and Determination of Public Convenience or Necessity No. 2008-00049 with a modification to Condition of Approval No. 3 as read into the record by staff. Grace Medina, Senior Secretary announced that the resolutions passed with 5 aye votes. Commissioner Buffa and Agarwal were absent. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, November 4, 2008. DISCUSSION TIME: 11 minutes (4:02 to 4:13) 10/13/OS Page 14 of 19 OCTOBER 13, 2008 PLANtdING COMMISSION NIIPIUTES ITEM NO. 8 CEQA CATEGORICAL EXEIVIPTION, CLASS 1. AtdD CONDITIONAL USE PERIViIT MO. 2008-05348 Resolution No. PC2008-103 (Eastman) Owner: Scott Elders 1629 W. Pomona Ste 106 Corona, CA 92882-7157 Approved Hyr Enterprises 8030 Crystal Drive. VOTE: 4-1 Anaheim, CA 92807 Commissioner Romero voted no Commissioners Agarwal and Buffa Vaccher, Lino J Trust absent 8075 Crystai Drive Anaheim, CA 92807 Rms Empire Anaheim Llc 4041 Macarthur'Blvd. Ste 510 Newport Beach, CA 92660 Applicant; David R. Sims 538 Ponce Avenue Placentia, CA 92870 Location: 8095 Crvstal Drive: This property is approximately 1.15 acres, having a frontage of 420 feet along the north side of Crystal Drive approximately 904 feet from the centerline of Pullman Street. Off site parking would be provided on three properties located at (1) 8030 Crystal Drive which is approximately 0.68 acres, having a frontage of 70 feet along the south side of Crystal Drive approximately 2,006 feet from the centeriine of Pullman Street; (2) 8075 Crystal Drive which is approximately 0.50 acres, having a frontage of 140 feet along the north side of Crystal Drive approximately 1,391 feet from the centerline of Pullman Street; and (3) 8080 Crystal Drive which is approximately 2.9 acres, having a frontage of 582 feet along the south side of Crystal Drive approximately 1,101 feet from the centerline of Pullman Street. 10/13/08 Page 15 of 19 OCTOBER 13, 2008 PLAMNING COMMISSION MINUTES Request to permit a church in an industrial zone with Project Planner. fewer parking spaces than required by Code. ScottKoehm skoehm ananaheim.net - - - Scott Koehm, Associate Planner presented the staff report. Chairman Karaki opened the public hearing. David Sims, property owner, 538 Ponce Avenue, Placentia, CA, 92870, stated that Canyon Church of Christ has operated in Anaheim Hilis for the past 18 years. There congregation has grown to have 210 to 240 people as an average for a Sunday morning attendance and their bailding only holds up to 255. They have searched for a larger building and found one in an industrial area which fits their needs. They are a small community church and meet only on Sunday mornings. They occasionally meet during the week for bible study which usually takes place in a home and occasionally on Saturdays for barbeques or weddings. If they had any of these occasions going on they would talk to their neighbors and ask them to borrow their parking spaces and if they could not they would find other locations to park their cars. Robert Chapman, property owner, 8045 E. Crystal Drive, 92807, stated that he is one of the property owners in the industrial complex and they always welcome new businesses into the complex. However, this industrial area was not set up to have a lot of people. He felt this area was designed to have small businesses. He was concerned with the traffic and the limited parking spaces. He wanted assurance that the new property owner would not disrupt their businesses. He thought the business owners in the area should have a written proposal so that future issues that come up can be addressed. He indicated that there are a lot trucks that come in and out of the area and he feels that it may cause a traffic problem. He thought they should know what the short term and long term plans would be for the new owners. He stated that he is one of the smaller business owners in the complex and it is important that they continue to operate without any impediments. Chairman Karaki asked Mr. Chapman if he knew that the applicant has made agreements with other business owner's in the cornplex to accommodate their off-site parking. Mr. Chapman replied yes. Chairman Karaki asked Mr. Chapman if what he was asking for was to have accessibility to his site without any problems at any time and without people occupying his parking spaces. Mr. Chapman stated that some of the church's off-space parking is beyond their building. It would be difficult for police to determine where people would park. There will be people coming further down from the compiex that will walk to the church and things may happen. He wanted these concerns addressed. Commissioner Romero asked Mr. Chapman if he had a chance to read the conditions of approval that were prepared for the applicant. He asked if that was made available to him. Mc Chapman stated that it was not made available to him. He has not had full communication between all parties and he has heard different things. 10/13/08 Page 16 of 19 OCTOBER 13, 2008 PLAfVNCP1G COMIVIISSIOM MIMUTES Mr. Sims stated that one of their concerns was to not burden any of the existing businesses. They have parking agreements with some of the tenants that will allow them use their spaces which ihey will inspect prior to church and will be responsible to cone them off if they are deemed unsafe. They are willing to make parking agreements with the tenants that do not want them to park in their stalls so that they could feel safe that their parking stalls will not be used. The industrial park has 500 parking spaces and he does not think it would be a problem fior their use on Sundays.. The applicant is sensitive to the neighbor's concerns for the parking use during the mid week and they would not be using any other parking spaces other than their own during the week. Chairman Karaki asked the applicant how many fix seats would they provide at their church. Mr. Sims replied they will have 250 chairs and their 5 year plan will be approximately 350 chairs. The reason they need a large area is to h~ve a stage for plays and skits that the children will perform. Chairman Karaki asked how they will assure their neighbor's that they will not intrude into their parking areas and not disrupt the flow of traffic. Mr. Sims stated that their track record from their previous building shows that they have been good neighbors by keeping their members in the correct parking area. They will monitor the parking areas with cones and tell their members where they can and cannot park. They will provide flyers to direct their members to the correct parking locations. Commissioner Eastman commented that she is supportive of this type of use in an industrial area because it makes sense that a church would need this space on Sundays and generally industrial parks do not. She suggested that the applicant hold a community meeting and invite all the owners and occupants so that they could get to know each other and to assure them that they will be good neighbors. Mr. Sims replied that they definitely want to do that and they should continue to communicate with their neighbors. Commissioner Romero was concerned with the large trucks that come in and out of the complex. His concern was with the parking arrangement that they have on the other end of the complex. He wanted to know how they planned to get people from the one end of the parking lot to the other because there are no sidewalks. Mr. Sims replied that they did not plan to use that area. The only reason they have that area is to satisfy Code requirements. They anticipate that if they had to use that parking lot, the people would walk from that parking lot to the church which would be approximately 300 feet. The warehouse has a lot of room so that no one would have to be autside of their area because there will be plenty of room inside so that people do not have to loiter outside. Gary Robins, property owner, 8035 Crystal Drive, stated that when he purchased his business property and it was based on being an industrial area. He did not anticipate that it would also be used for a community event area. He expressed that kids will be kids and they will not always be held to one particular area. He does not think that the CC&R's are set up or related to this type of organization. He did not think it was the proper location for the Church. If people from the church 10/13/08 Page 17 of 19 OCTOBER 13, 2008 PLANN1fdG COMMISSION MINUTES used the parking lot on the other end they would have to cross property that was not meant for the public to cross. His request is that this use does not take place at this industrial park. Chairman Karaki reminded Mr. Robins that the City reviews this process. The applicant,has a Conditional Use Permit and has to comply with ali conditions of approval. If the applicant is not in compliance, the CUP would be revoked. They have to give them the benefit of the doubt that they will comply with their CUP. Commissioner Eastman reminded the neighbors that staff could provide a copy of the CUP and Conditions of Approval so that they know what conditions the applicant has agreed to and what the neighbors could hold them to. Mr. Sims stated that the CC&R's for the industrial park do state that although each individual property owner owns' their parking spaces, the association is the one who sees to it that everybody shares the ability to walk and drive across, but not park on anybody else's site. There are common areas that they will share and they definitely have to respect each other's parking spaces. Commissioner Karaki asked if there was anyone who wanted to speak to this item; seeing none, he closed the public hearing. Commissioner Eastman offered a recommendation that the Planning Commission adopt the attached resolution to approve the CEQA Categorical Exemption, Class 1 and Conditional Use Permit No. 2008-05348 with few parking spaces than required by Code. Grace Medina, Senior Secretary, announced that the resolution passed with 4 aye votes. Commissioner Romero voted no. Commissioners Agarvval and BufFa were absent. OPPOSITION: 2 persons spoke in opposition to the proposed project. Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, November 4, 2008. DISCUSSIOfd TIME: 17 minutes (4:13 to 4:45) 10/13/08 Page 18 of 19 OCTOBER 13, 2008 PLANIdifdG COMMISSIOtd MINUTES MEETING ADJOURNED AT 4:30 P.M. TO MONDAY, OCTOBER 27, 2008 AT 1:30 P.M. FOR PRELIMINARY PLAN REVIEW Respectfully submitted, <~~~~~1/~'yG~ /'~~2~!!G!~ Donna Patino Secretary Received and approved by the Planning Commission on October 27, 2008. 10/13/08 Page 19 of 19