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2001 - June 4 MINUTES Planning Commission City of Orange June 4, 2001 Monday - 7:00 p.m. PRESENT: ABSENT: STAFF PRESENT: Commissioners Carlton, Pruett, Romero, Smith None Karen Sully, Planning Manager, Gary Sheatz, Assistant City Attorney, Jerry Bailey, Design Manager - Public Works and Sue Devlin, Recording Secretary ADMINISTRATIVE SESSION 1. COMPREHENSIVE REDEVELOPMENT PROJECT AREA AMENDMENTS - MEMO FROM LINDA BOONE, ECONOMIC DEVELOPMENT DIRECTOR Ms. Sully introduced three (3) comprehensive Redevelopment Project Area amendments that the Economic Development Department is undertaking. The most significant issue is the extension of the time limit to incur debt. Second, is the reinstating of eminent domain. And, the third is the merging of the three (3) project areas into one. This information is being shared with the Commission, but no action is necessary. REGULAR SESSION INRE: CONSENT CALENDAR 1. Approval of the Minutes from the Meeting of May 21, 2001 - pulled for discussion. Chair Smith explained that due to the lengthy meeting, the Minutes need to be continued to the next meeting. MOTION Moved by Commissioner Romero and seconded by Commissioner Carlton to continue the Minutes from the Meeting of May 21, 2001 to the Meeting of June 18, 2001. AYES: NOES: Commissioners Carlton, Pruett, Romero, Smith None MOTION CARRIED 2. FINDING OF PUBLIC CONVENIENCE OR NECESSITY FOR THE SALE OF ALCOHOLIC BEVERAGES A request to allow the sale of alcoholic beverages for the purpose of off-site consumption in conjunction with the construction of a new Albertsons supermarket. The site is located at 4550 East Chapman Avenue. NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act (Section 15301; Class 1, Existing Facilities). RECOMMENDED ACTION: Find that the Public Convenience or Necessity is served by the sale of alcoholic beverages for a new Albertsons supermarket. 1 Planning Commission Minutes June 4, 2001 MOTION Moved by Commissioner Pruett and seconded by Commissioner Carlton to approve the Consent Calendar. AYES: NOES: Commissioners Carlton, Pruett, Romero, Smith None MOTION CARRIED IN RE: CONTINUED HEARINGS 3. CONDITIONAL USE PERMIT 2364-01 - TOYOTA OF ORANGE Ms. Sully introduced a request to allow the construction of a five-bay car wash/auto detailing structure, two buildings for storage of automotive supplies and a service kiosk at an existing auto dealership. The site is located at 1400 North Tustin Street; the property is zoned C-TR (Commercial- Tustin Redevelopment). This item was continued from the March 5. 2001. April 16, 2001 and May 7, 2001 meetings. NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act (Section 15303; Class 3, New Construction or Conversion of Small Structures). RECOMMENDED ACTION: Adopt resolution approving Conditional Use Permit 2364-01. There was no opposition to this item; therefore, the full presentation of the staff report was waived. The public hearing was opened. Craia Whetter. Toyota of Oranae. 1400 North Tustin Street. said they have doubled their volume of sales at their dealership. They need the new structures to wash their cars before customers take delivery. One of the buildings will house warranty parts that are required by the manufacturer. The third building is an oil compressor building which will allow them to free up additional service capacity and stalls in the service department without adding on to the service department. Toyota's forecast is to grow another 25% between 2001 and 2005. Commissioner Carlton commented on the potted plants and trees, and she wondered how long they were going to wait before planting them to improve the landscape. Mr. Whetter said they were waiting for the City's approval of their landscape plans. Chair Smith acknowledged that the Commission received a letter from David Wilson, owner/president of Toyota of Orange. Chair Smith asked Mr. Whetter to clarify the status of the easement on the property. And, she stated that the Commission's review of the project does not affect this particular land. Mr. Whetter clarified that the easement does not belong to Toyota of Orange until they can buy the property. Their intent is to purchase the property and they are currently in the middle of negotiations. He thanked the Commission for their consideration. This is the second phase of a two-phase process as they continue to grow. The pUblic hearing was closed. 2 Planning Commission Minutes June 4, 2001 Ms. Sully informed the Commission that staff eliminated the conditions relating to the easement. She pointed out a correction on Page 3-4,C.2. of the staff report. Condition #7 should be changed to Condition #8 of the March 5, 2001 staff report in the two paragraphs. MOTION Moved by Commissioner Pruett and seconded by Commissioner Carlton to approve Conditional Use Permit 2364-01, which approves the proposed expansion of the auto dealership based on the findings listed in the attached resolution for project approval, along with all of the conditions that are associated with the project. AYES: NOES: Commissioners Carlton, Pruett, Romero, Smith None MOTION CARRIED INRE: NEW HEARINGS 4. CONDITIONAL USE PERMIT 2370-01 - COURAGEOUS LIVING Ms. Sully introduced a request to allow a child day care center for up to 75 children in conjunction with an existing church. The site is located at 491 North Hewes Street; the property is zoned R1-7 (Single Family Residential). NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act (Section 15303; Class 3, New Construction or Conversion of Small Structures). RECOMMENDED ACTION: Adopt resolution approving Conditional Use Permit 2370-01. Jav Eastman. Assistant Planner, presented a more in-depth staff report as there was opposition to this item. The property is located in a Low Density Residential Zone, and it is surrounded by single family residential properties. There are two churches located adjacent to each other as well. The municipal code allows day care centers in single family residential zones, only in conjunction with a church or a school, and only by conditional use permit approval. Required parking for a day care center is two spaces per employee. The property is currently developed and used as a church. The development was approved in 1963. However, the development that was approved in 1963 was never fully constructed. As a result, the 150 parking spaces were never fully implemented. The site was parked at the one space per 30 square feet required by code. Mr. Eastman explained that there are 89 striped parking stalls; two of which are being used now by a portable storage shed. The building permits for the church and Sunday school indicate that only 87 parking spaces were required at the original development; therefore, the church meets the parking requirement. This conditional use permit has been filed in response to a code enforcement complaint. The day care center has been operating at this location since the 80's and presently has a license with the State Department of Social Services for up to 30 children. However, no conditional use permit was ever obtained for a child day care center. The day care center is operated by a third party. Staff has a few concerns regarding the potential operation of a commercial activity in a single family residential zone should the church property be sold and developed to a use other than a church. Because of this, staff is recommending a condition that the day care center only be operated as an ancillary use to a church activity. That way it will maintain consistency with the code. Staff feels that parking on site is adequate to provide for the day care activities. 3 Planning Commission Minutes June 4, 2001 Staff also recommends that there be a condition for outside playground activities, and those activities be limited to the hours of daylight because of the lack of outside lighting, as well as hours after 7:00 a.m. The 7 o'clock restriction is based on the City's Noise Ordinance. The Staff Review Committee expressed concern with the State Department of Social Services licensing, the existing structure's conformance with the building code and handicap accessibility requirements, and pick-up/drop-off areas for children. These issues have been addressed by the recommended conditions of approval. An inspection must be done by the City's Fire Department, at which time a building inspector will also inspect the property to make sure that the handicap requirements are met. Chair Smith suggested adding verbiage to condition 13 to strengthen the requirement for handicap accessibility. She asked for further clarification about the process for licensing requirements. Mr. Eastman did not have the details for licensing requirements as it is handled through the Department of Social Services. The day care center is currently licensed for 30 children. If they plan to expand beyond 30 children, up to a potential of 75 children, they would have to go through the Social Services process. The Commission and staff talked about the definition of ancillary use relative to the day care center and the church. The discretion is left up to the Commission based on the intensity of use. Mr. Sheatz would look to the ownership of the church to ensure that the ownership is retained so as not to separate the uses per sa. Commissioner Pruett referred to condition #5 on Page 4-10. Mr. Eastman said that staff felt this condition was appropriate, unless there is some other mitigating measure on the part of the congregation. Commissioner Pruett thought the intensity of use is the drop-off and pick-up of children. Sanctuary use should be limited during the peak hours of the day when traffic is the most intense (mornings and afternoons). In looking at the layout of the property and how the drop off point is proposed, he suggested having some type of traffic flow plan that is shared with parents upon registration where vehicles would enter off of Walnut and then exit on Hewes. This will help manage children in the parking lot and manage the traffic on Walnut. Ms. Sully did not see a problem with adding a condition to advise the parents of a traffic circulation plan. The public hearing was opened. Clifford Self. 963 Fireflv. Anaheim, represented the day care center. They have been working in the community for several years. He acknowledged that parking has been a problem, but they continue to work on those issues. They will not have a problem putting their application under the church's name with the State Department of Social Services. They thought the idea of notifying parents about a traffic circulation plan is an excellent one. Their normal hours of operation are from 6:00 a.m. to 6:00 p.m. There are approximately 12 children enrolled in the day care program and they hope to expand the number of children in 18 to 24 months. He explained that originally the name of the church was Orange Hills Assembly and that is where the name was taken from for the day care center, Montessori of Orange Hills. Public comments were made at this time. One person spoke in opposition: Sandv Garcia 4625 East Walnut, voiced concern about the traffic and parking problems, as well as the children's safety. She said the property has recently sold again and she doesn't know what the future plans are for the church. 4 Planning Commission Minutes June 4, 2001 One person spoke in favor: Father Anaelus of the Cootic Orthodox Christian Church, said the day care center is needed in the community and this is not a new project. When they have special events at the church, they try to coordinate traffic and parking through the Police Department. Closing remarks were made by Mr. Self. He appreciated Ms. Garcia's comments in wanting to keep the neighborhood safe and clean. He explained the name of the current church ownership which is the Coptic Orthodox Christian Center and that's the name their day care facility will be put into in the future. Courageous Living Church owned the property when they applied for the conditional use permit. During the planning process, the church was sold to the Coptic Orthodox Christian Center. The day care facility remains as part of the current ministry. It is the desire of the church and the day care center to be an asset to the community, and they want to be sensitive to the community's concerns and needs; and to work with them in a positive way to bring satisfaction to everyone. The children only play in an area that has been enclosed with a fence, in front of the building. And, this area is not near any streets. They have read the conditions of approval and agree to them. They are also willing to provide a traffic circulation plan to the parents of the day care center, and will provide disability access for the property. In response to Chair Smith's question about the name change of the church, Mr. Sheatz replied it does not create a problem. Everything is in order in terms of ownership and application. Commissioner Carlton asked about the Montessori of Orange Hills being the operator of the day care facility. Mr. Self explained this is the same Director who HAS been at the Montessori School for over six years. They currently have 5 classrooms and 3 bathrooms, which are adequate for 12 children. However, in the future, when they expand the number of children, the Department of Social Services will require them to add more restrooms. Staff uses separate facilities, and they are meeting all requirements. The public hearing was closed. Ms. Sully made a few corrections to the conditions of approval on Page 4-11. She referred to conditions #14 and #15 relative to the reference to "students". This should be changed to "children". MOTION Moved by Commissioner Romero and seconded by Commissioner Pruett to approve Conditional Use Permit 2370--01, with conditions 1 through 18, with modifications to the following conditions: Modify condition #10 to read: "Parents shall not drop-off or pick-up children on the public street. Drop-off and pick-up shall only take place at the designated "drop-off area". A circulation plan for on-site vehicle movement onto the site from Walnut and off of the site onto Hewes, shall be submitted and approved by the Community Development Department." Modify condition #11 to read: "The day care shall notify parents of these conditions of approval at the time of enrollment. Notification shall be in writing and shall include a diagram depicting the approved circulation plan." Modify condition #13 to read: "The City of Orange Fire Department Fire Prevention Bureau and the Community Development Department shall conduct an inspection of the premise to insure that the day care center complies with all applicable code requirements, including, but not limited to handicap accessibility." Modify conditions #14 and #15 to replace the word "students" with the word "children". 5 Planning Commission Minutes June 4, 2001 The Commission finds that the conditional use permit is granted upon sound principles of land use and in response to services required by the community because the day care center is ancillary to a church facility, provides a needed service to the community, and is an environment conducive to a child's growth. It will not cause deterioration of bordering land uses or create special problems for the area in which it is located because conditions of approval ensure the use has adequate on-site parking and circulation, shall remain ancillary to a church facility, will provide a safe environment for children, and will maintain hours and areas of operation that do not impact adjacent residents. The conditional use permit has been considered in relationship to its effect on the community or neighborhood plans for the area in which the site is located, and it has been made subject to those conditions necessary to preserve the general welfare, and not the individual welfare of any particular applicant. AYES: NOES: Commissioners Carlton, Pruett, Romero, Smith None MOTION CARRIED Commissioner Pruett offered the following comments: The special events and activities that are occurring are not related to the conditional use permit application, but it is an issue that needs to be addressed. He heard Father Angelus say that the church is attempting to work on these problems. Commissioner Pruett thought it was important to recognize that when there are special events, it is important to try and recognize the fact that there will be a demand and inconvenience to the community. He asked the church to work with the neighbors to try and mitigate the problems. Chair Smith finds it wonderful to have a Coptic Orthodox Church in the community. She had the opportunity to worship in Coptic churches in Egypt and Israel. She acknowledged Ms. Garcia for her concern for the neighborhood, and she encouraged the neighborhood to bring forth their concerns relative to traffic and safety that may arise. INRE: ADJOURNMENT Moved by Commissioner Carlton and seconded by Commissioner Pruett to adjourn to their next Planning Commission Meeting on Monday, June 18, 2001, followed by a stUdy session. The meeting adjourned at 8:25 p.m. AYES: NOES: Commissioners Carlton, Pruett, Romero, Smith None MOTION CARRIED Isld 6