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Minutes-PC 2003/01/27• CITY OF ANAHEIM PLANNING COMMISSION MINUTES M O N DAY, JAN UARY 27, 2003 Council Chambers, City Hall 200 South Anaheim Boulevard, Anaheim, California • CHAIRPERS~.M:, RAUL-BfJSTWICK COMMISSIONERS PRESENT: STEP~ COMMISSIONERS STAFF PRESENT: ~~ Selma Mann, Assistant ~ifj Joel Fick, Executive Di~ectc' Community Develop~rieni Greg Hastings, Zonm~~Davi Greg McCafferty, Pri~~i al Cheryl Flores, Senior4 Qla~nr ~ 4~ AGENDA POSTING ~1~~oi 3 .,:"r...~. Friday, January 24, 2fl03, ir the outside display kiosk. case PUBLISHED: Anaheirt~ E CALL TO ORDER ~ ~;;: Thomas Smith., F Melanie Adams; Elly Morris, Seni Pat ~handler, SE PLANNING COMMISS~C~1~11AC)R~IlNG SESSIQa~WO~RK~~P~".t~ A.M. • STAFF UPDA'fE~TO~C~~IM1S510N;.(~F ~%'AR1b~kJS~lTI~~~'~5 DEVELOPMENT~`=~NL~1S~~„ES (AS RE~tUEST~D B~' ~ PLANNING COMMISSifl~L~~ ~ , ~ ~ ~"~ • PRELIMINARY PLAN REVIEiIV FOR~ITEMS ~7N THE JANUARY 27, 2003 AGENDA REVIEW OF CITYWIDE LAND USE ALTERNATIVES PREPARED IN CONJUNCTION WITH THE GENERAL PLAN/ZONING CODE UPDATE PROGRAM • RECESS TO AFTERNOON PUBLIC HEARING SESSION RECONVENE TO PUBLIC HEARING 1:30 P.M. For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card and submit it to the secretary. PLEDGE OF ALLEGIANCE: Commissioner Koos PUBLIC COMMENTS CONSENT CALENDAR PUBLIC HEARING ITEMS ADJOURNMENT ----------------------------------------------------------------------------------------------------------------------------------- H:\DOCS\CLERICAL\MINUTESWC012703.DOC lannin commission anaheim.net JANUARY 27, 2003 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. PLANNING COMMISSION APPOINTMENTS: Request for Planning Commission appointment of a representative to the Community Design Element Working Group being assembled in conjunction with the General Plan/Zoning Code Update Program. (Motion) ACTION: Commissioner Koos offered a motion, seconded by Commissioner Vanderbilt and MOTION CARRIED (Commissioners Boydstun and Romero absent), that the Anaheim City Planning Commission does hereby appoint Commissioner Stephen Bristol to serve as the Planning Commission representative to the Community Design Element Working Group. CONSENT CALENDAR: Item 1-A through 1-E 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. Commissioner Bristol offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioners Boydstun and Romero absent), for approval of Consent Calendar Items (1-B, 1-C and 1-E) as recommended by staff. Consent Calendar Items (1-A and 1-D) were removed from the Consent Calendar for separate discussion. UNANIMOUSLY APPROVED 1. REPORTS AND RECOMMENDATIONS A. a) CEQA EXEMPTION SECTION 15061(b)(3) AND ZONING CODE AMENDMENT NO. 2002-00020: City of Anaheim, Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805, requests Planning Commission review and approval of a draft Ordinance regarding modification to parking requirements for single- family residences. (This item was pulled from the Consent Calendar for separate discussion.) Continued to February 10, 2003 (Vote: 5-0, Commissioners Boydstun and Romero absent) SR8511 CF.DOC Chairperson Bostwick introduced Item 1-A as CEQA Exemption - Section 15061 (b) (3) and Zoning Code Amendment No. 2002-00020, City of Anaheim, Planning Department, 200 South Anaheim Boulevard, Anaheim, CA, a request by the Planning Department staff for review and approval of the attached draft ordinance containing Zoning Code (Title 18) modifications to parking requirements for single-family residences. • 01-27-03 Page 2 JANUARY 27, 2003 PLANNING COMMISSION MINUTES • Cheryl Flores, Senior Planner, asked Commission to continue Item 1-A in order to include other applicable code sections to the draft ordinance, and also to add further requirements for single-family homes with bedrooms in access of seven (7) bedrooms. Commissioner Bristol made a motion to continue Item 1-A to February 10, 2003, seconded by Commissioner Vanderbilt. Motion carried 5-0. ACTION: Commissioner Bristol offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioners Boydstun and Romero absent), to continue the subject request to the February 10, 2003, Planning Commission meeting as requested by staff for refinements to the draft Ordinance. DISCUSSION: 2 minutes (1:38-1:40) u ~ 01-27-03 Page 3 JANUARY 27, 2003 PLANNING COMMISSION MINUTES • B. a) CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) Approved AND CONDITIONAL USE PERMIT NO. 2000-04282 (TRACKING Approved retroactive NO. CUP2002-04650): Brewster Johnson, Allen Matkins Leck extension of time for Gamble & MA, 1900 Main Street, 5th Floor, Irvine, CA 92614-7321, one year (to expire on requests a retroactive time extension to construct a 45-foot high office December 4, 2003) building with roof-mounted equipment and waiver of required structural setback to a freeway right-of-way. Property is located at (Vote: 5-0, 150 North Riverview Drive. Commissioners Boydstun and Romero absent) ACTION: Commissioner Bristol offered a motion, seconded by Commissioner Eastman and MOTION (Commissioners Boydstun and Romero absent), that the Anaheim City Planning Commission does hereby determine that the previously-approved Negative Declaration is adequate to serve as the required environmental documentation for subject request. Commissioner Bristol offered a motion, seconded by Commissioner Eastman and MOTION (Commissioners Boydstun and Romero absent), that the Anaheim City Planning Commission does hereby approve the request for a one (1) year retroactive extension of time to expire on December 4, 2003, based on the following: (i) That the proposed plan remains in conformance with the current zoning and existing General Plan land use designation for this property. Further, there have been no code amendments that would cause the approval to be considered inconsistent with the Zoning . Code, nor has the petitioner submitted plans that would render the project inconsistent with the existing Zoning Code. (ii) That this is the second and final request for a time extension, and Code permits a maximum of two requests for extension of time to comply with conditions of approval. (iii) That the property has been maintained in a safe, clean and aesthetically pleasing manner with no outstanding code violations affecting this property. (iv) That there is no information or changed circumstances which contradict the facts necessary to support one or more of the required findings for approval of Conditional Use Permit No. 2000-04282. SR3000EY.DOC ~ 01-27-03 Page 4 JANUARY 27, 2003 PLANNING COMMISSION MINUTES • C, a) CEQA EXEMPTION SECTION 15061(b)(3) AND Concurred with staff RECLASSIFICATION NO. 2003-00094: City of Anaheim, Planning Approved initiation Department, 200 South Anaheim Boulevard, Anaheim, CA 92805, of reclassification requests Planning Commission initiation of a reclassification of the subject property from the CG (Commercial, General) zone to the CL (Vote: 5-0, (Commercial, Limited) zone. Property is located at 1201-1209 South Commissioners Boydstun Euclid Street. and Romero absent) ACTION: Commissioner Bristol offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioners Boydstun and Romero absent), that the Anaheim City Planning Commission does hereby concur with staff that this action is exempt under CEQA Guidelines Section 15061 (b) (3) since the environmental analysis of this action will occur in conjunction with the future public hearing on the proposed redesignation and reclassification. Commissioner Bristol offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioners Boydstun and Romero absent), that the Anaheim City Planning Commission does hereby approve the initiation of Reclassification No. 2003-00094 to allow for a public hearing to reclassify the property located at 1201-1209 South Euclid Street from the CG zone to the CL zone. SR8544VN.DOC ~ C~ 01-27-03 Page 5 JANUARY 27, 2003 PLANNING COMMISSION MINUTES • D. Request for Planning Commission concurrence to proceed with Draft Recommended Land Use Alternative prepared in conjunction with General Plan/Zoning Code Update Program. (Motion) (This item was pulled from the Consent Calendar for separate discussion.) Recommended that the City Council authorize staff to proceed with the Draft Recommended Land Use Alternative per the comments/suggestions offered at the meeting. (Vote: 5-0, Commissioners Boydstun and Romero absent) Chairperson Bostwick introduced Item 1-D as a request for Planning Commission concurrence to proceed with Draft Recommended Land Use Alternative prepared in conjunction with General Plan/Zoning Code Update Program. Joel Fick, Executive Director of Planning and Community Development, states staff respectively requests the Planning Commission's action today be in the form of a motion to go forward with the study of the Draft Recommended Land Use Alternative. Commissioner Koos states he appreciates staff's hard work on the project. It is an important project for the City and would set a framework for development for at least a couple of decades. It is very comprehensive, more so than most General Plans, in terms of the detail that has gone into it. It is a great working document. He wished clarification on some of the items of discussion in the morning session: ~ ^ How to make the City more pleasant to look at, in terms of the Open Space Element (The Green Element) and the Community Design Element. ^ Housing issue on Beach Boulevard. The Planning Commission would like to recommend the City Council to reconsider the General Plan Designation for the Beach Boulevard frontage near Lincoln Avenue from commercial to housing. Chairperson Bostwick states concern with the possible loss of small industrial and commercial businesses in the commercial and industrial areas slated for conversion to housing. He wished clarification on how to replace some of that for some of the harder to serve businesses (the paint shops, the body shops, the transmission shops, etc.) that are vital factors for the City of Anaheim. Mr. Fick states some of the items would be coming back for further study down the line but the items specifically mentioned by Commissioner Koos and Chairperson Bostwick such as: ^ Establishing senses of "place". ^ More information on the Euclid Street area, in terms of the entry to the City and community college impact. ^ Additional discussion about design in public art in the downtown area. ^ Standards within several of the areas. ^ Entryway monumentation, particularly along the Linco4n Avenue frontage area. ^ Additional staff involvement with the Orange Unified School District in the Canyon Area. ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Bristol and MOTION CARRIED (Commissioners Boydstun and Romero absent), that the Anaheim City Planning Commission does hereby recommend approval to the City Council of the Draft Recommended Land Use Alternative prepared in conjunction with General Plan/Zoning Code Update Program. • DISCUSSION: 6 minutes (1:41-1:47) 01-27-03 Page 6 JANUARY 27, 2003 PLANNING COMMISSION MINUTES • . • E. Receiving and approving the Minutes from the Planning Commission Meetings of January 13, 2003. (Motion) ACTION: Commissioner Bristol offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioners Boydstun and Romero absent), that the Anaheim City Planning Commission does hereby receive and approve the minutes for the Planning Commission meeting of January 13, 2003. Approved (Vote: 5-0, Commissioners Boydstun and Romero absent) 01-27-03 Page 7 JANUARY 27, 2003 PLANNING COMMISSION MINUTES ~~ ~~ PUBLIC HEARING ITEMS: 2a. CEQA CATEGORICAL EXEMPTION - CLASS 3 2b. WAIVER OF CODE REQUIREMENT 2c. CONDITIONAL USE PERMIT NO. 2002-04631 OWNER: The Salvation Army 900 West 9th Street, Los Angeles, CA 90015 AGENT: The Salvation Army, attn: Lee Lescano, 10200 Pioneer Road, Tustin, CA 92680. LOCATION: 314 North Claudina Street. Property is approximately 1.0 acre located on the northeast corner of Cypress Street and Claudina Street (Salvation Army). To permit an accessory multi-use sports court in conjunction with an existing church with waivers of a) required setback for institutional uses adjacent to a residential zone and b) maximum fence height.* "Waiver (b) has been deleted. Continued from the December 16, 2002, Planning Commission meeting. • CONDITIONAL USE PERMIT RESOLUTION NO. Continued to February 10, 2003 SR8494VN.doc FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Commissioner Koos offered a motion, seconded by Commissioner Bristol and MOTION CARRIED (Commissioners Boydstun and Romero absent), to continue the subject request to the February 10, 2003, Planning Commission meeting as requested by the petitioner in order to allow additional time to hold a community meeting pertaining to the subject project. VOTE: 5-0 (Commissioners Boydstun and Romero absent) DISCUSSION TIME: This item was not discussed. ~ 01-27-03 Page 8 JANUARY 27, 2003 PLANNING COMMISSION MINUTES ~ 3a. CEQA NEGATIVE DECLARATION 3b. CONDITIONAL USE PERMIT NO. 2002-04626 OWNER: Nevada Investment Holdings, Inc., 5405 Morehouse, Suite 250, San Diego, CA 92121 AGENT: Keith Francis, 5405 Morehouse, Suite 250, San Diego, CA 92121 LOCATION: 1891-1899 West Lincoin Avenue. Property is approximately 10.46 acres located at the northeast corner of Lincoln Avenue and Muller Street (Target Shopping Center). To permit and retain an existing automotive repair and parts installation facility. Continued from the November 18, 2002, and January 13, 2003, Planning Commission meetings. CONDITIONAL USE PERMIT RESOLUTION NO. • ~ OPPOSITION: None Withdrawn SR8475JR.DOC ACTION: Commissioner Bristol offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioners Boydstun and Romero absent), that the Anaheim City Planning Commission does hereby accept the petitioner's request for withdrawal of Conditional Use Permit No. 2002-04626. VOTE: 5-0 (Commissioners Boydstun and Romero absent) DISCUSSION TIME: This item was not discussed. 01-27-03 Page 9 JANUARY 27, 2003 PLANNING COMMISSION MINUTES • 4a. CEQA NEGATIVE DECLARATION Withdrawn 4b. RECLASSIFICATION NO. 2002-00084 4c. WAIVER OF CODE REQUIREMENT 4d. CONDITIONAL USE PERMIT NO. 2002-04614 OWNER: INC AN-LO, 408 North Anaheim Boulevard, Anaheim, CA 92805 AGENT: William Taormina, 128 West Sycamore Street, Anaheim, CA 92805 LOCATION: 400-424 North Anaheim Boulevard and 411-417 North Claudina Street. Property is approximately 1.32 acres located at the northeast corner of Anaheim Boulevard and Adele Street. RECLASSIFICATION NO. 2002-00084 - Request reclassification of the propertyfrom the RS-5000 (Residential, Single-Family) and CG (Commercial, General) zones to the CL (Commercial, Limited) zone, or a less intense zone. CONDITIONAL USE PERMIT NO. 2002-04614 - To establish land use conformity with existing zoning code land use requirements and to expand an existing legal non-conforming retail center and to permit on-premises sale and consumption of alcoholic beverages in conjunction with a proposed restaurant with waivers of: a) maximum structural height within 150 feet of a residentially zoned property, b) minimum structural and landscaped setback abutting arterial highway, c) minimum structural and landscaped setback abutting a . local street, and d) minimum structural and landscaped setback abutting residential zone boundary. Continued from the December 2, 2002, and the January 13, 2003, Planning Commission meeting. RECLASSIFICATION RESOLUTION NO. CONDITIONAL USE PERMIT RESOLUTION NO. SR8543JR.DOC FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Commissioner Eastman offered a motion, seconded by Commissioner Bristol and MOTION CARRIED (Commissioners Boydstun and Romero absent), that the Anaheim City Planning Commission does hereby accept the petitioner's request for withdrawal of Reclassification No. 2002-00084 and Conditional Use Permit No. 2002-04614 in order to completely redesign the proposal and resubmit at a later date. VOTE: 5-0 (Commissioners Boydstun and Romero absent) ~ DISCUSSION TIME: This item was not discussed. 01-27-03 Page 10 JANUARY 27, 2003 PLANNING COMMISSION MINUTES • 5a. CEQA NEGATIVE DECLARATION Continued to 5b. GENERAL PLAN AMENDMENT NO. 2002-00407 February 24, 2003 5c. RECLASSIFICATION NO. 2002-00087 5d. WAIVER OF CODE REQUIREMENT 5e. CONDlT10NAL USE PERMIT NO. 2002-04641 5f. REQUEST FOR CITY COUNCIL REVIEW OF ITEMS 5c.. 5d. and 5e. OWNER: Atlantic Richfield Co., P.O. Box 512485, Los Angeles, CA 90051 AGENT: Leslie Burnside, Tait & Associates, 9089 Claremont Mesa Boulevard, # 300, San Diego, CA 92123 LOCATION: 1201 South Brookhurst Street. Property is approximately 1.7 acres located at the southwest corner of Ball Road and Brookhurst Street (Arco AM/PM Service Station). GENERAL PLAN AMENDMENT NO. 2002-00407 - To amend the Land Use Element of the General Plan to redesignate a portion of the property from the Low Density Residential designation to the General Commercial designation. RECLASSIFICATION NO. 2002-00087 - Request for reclassification of a portion of the property from the County C-1 (Commercial) zone to the CL (Commercial, Limited) zone, or a less intense zone. ~ CONDITIONAL USE PERMIT NO. 2002-04641 - To establish conformity with zoning code land use requirements for an existing drive-through restaurant and to permit a service station with accessory car wash and convenience market with the sales of beer and wine for off-premises consumption with waivers of: a) nonconforming structures and uses - general, b) nonconforming signs and billboards - general and c) maximum structural height within 150 feet of a single-family residential zone boundary. Continued from the January 13, 2003, Planning Commission meeting. GENERAL PLAN AMENDMENT RESOLUTION NO. RECLASSIFICATION RESOLUTION NO. CONDITIONAL USE PERMIT RESOLUTION NO. SR8537JR.DOC Chairperson Bosfinrick introduced Item No. 5 as: General Plan Amendment No. 2002-00407, 1201 South Brookhurst Street, Arco Service Station, a request to amend the Land Use Element of the General Plan to redesignate a portion of the property for the Low Density Residential designation to the General Commercial designation. Reclassification No. 2002-00087 - a request for reclassification of the subject property from the County C-1 (Commercial) Zone to the CL (Commercial, Limited) Zone or a less intense zone. Conditional Use Permit No. 2002-04641 - to establish conformity with Zoning Code Land Use Requirements for an existing drive-through restaurant and to permit a service station with accessory car wash and convenience market with the sales of beer and wine for off-premises consumption with waivers of: (a) nonconforming structures and uses - General, (b) nonconforming signs and billboards - general, ~ and (c) maximum structural height abutting a single-family residential zone boundary. 01-27-03 Page 11 JANUARY 27, 2003 PLANNING COMMISSION MINUTES ~ Applicant's Testimony: Leslie Burnside, Tait & Associates, 9089 Claremont Mesa Boulevard, #300, San Diego, CA, states it has been a fairly complicated project with having the annexation from the County and the zone reclassification and various CUP (Conditional Use Permit) issues to work through. They have been very appreciative of the feedback and cooperation from staff, and feel they bring a very appealing development. She asked Commission's reconsideration of the following: Regarding recommendation for removal of billboard signs on the front of the building. Staff's matrix shows they are not exceeding the square footage and also that the type of signage is compliant with Code. BP Arco has a very strict safety and security policy, which prohibits displaying any kind of advertisement banners in the store-front windows. They want a very clean, clear appearance for safety and security. The only types of signage that would appear would be close to the front doors of very small, regulatory-type decals. The billboard signs provide some sort of inerchandising promotional signage at the front of the building in order to keep the clear appearance. ^ BP Arco has also stipulated to remove promotional signage on the sides of the gas dispensers that faces Ball Road. Therefore, in consideration of having eliminated a great percentage of promotional-type signage, they would like reconsideration of the billboard signs. ^ Regarding removal of the carwash entrance sign. BP Arco feels the carwash sign, not only is directional in nature, it is also a safety signage. It provides the clearance bar so that high profile vehicles can determine if they can safely enter the tunnel before they enter into the cueing lane and would have no ability to exit. ~ ^ Regarding possibly reducing the overall height of the header sign, relative to the clearance bar remaining in tact, and addressing the concern of low profile visibility with adjacent residential. ^ Regarding additional landscape requirements along the store frontage. BP Arco feels at this point they have provided an excess of 6,700 square foot of landscaping, which represents approximately 13% of the coverage. Therefore, they have presented a very appealing landscape package and would like to keep it at that point. ^ BP Arco proposes to widen the planter along the south property line from approximately 8-foot to 10-foot. ^ Regarding the remediation enclosure, BP Arco has been informed of possible closure of the remediation compound in approximately 1-year and feel building a block structure for something that may not be with them permanently is a severe requirement to be imposed. BP Arco suggests a wood enclosure with climbing vines, etc. ^ Regarding the adjacent property, Alberto's Mexican Restaurant, it is part of the county and will be annexed to the City. ^ Staff reviewed the restaurant in conformance with today's City standards, and suggested removal of the existing pay phone. BP Arco proposes relocating it some place on the lot, as they did not intend to have any kind of financial impact with the next-door neighbor. Craig Yamasaki, Zoning and Development Manager, 4 Centerpointe Drive, La Palma, CA, states BP Arco is requesting Commission's consideration to allow the design accent, which is an update and upgrading of the facilities' canopy elevation. They feel it enhances the development and incorporates the latest technology in alley de-lighting, which provides an unobtrusive, attractive look at night. Major real estate ~ developments from Newport Center and Newport Beach use neon and alley de-technology lighting to provide enhanced high quality accent design elements. It is not only good for their corporation, but is in walking distance to the design. 01-27-03 Page 12 JANUARY 27, 2003 PLANNING COMMISSION MINUTES ~ Linda Day, owner of the property located at 9950 Bail Road, 1103 E. Wilson, Orange, CA, states they have the property that will become part of Arco. It is currently in the County and will be a nice addition to the City of Anaheim. They think the project will be an asset to the City and will provide employment. Public Testimony: Rick Colia, (address not given), submitted a Speaker's Card in favor of BP Arco. Kent Allen, 4 CenterPointe Drive, La Palma, CA, submitted a Speaker's Card in favor of BP Arco Sammy Khouraki, 1217 S. Brookhurst St., Anaheim, CA, states opposition to beer and wine at the location feeling there are too many liquor selling establishments in the area. He states Arco proposes to put in a 6-foot wall however, the station is open 24-hours and although they supervise their area, on the other side is graffiti and vandalism. The bar has multi-color walls with graffiti covering it. He asks they put planters instead of the 6-foot wall to prevent graffiti. Lyn Alexander, from the law offices of Briggs and Alexander, representing the Mobile Station located at 700 N. Brookhurst. Sent correspondence informing the Commission of their protest. They are within the Brookhurst Street, commercial corridor that does not allow beer and wine or alcohol sales. It is their understanding that Arco is also within that corridor but on County property, which is not part of the BCC. They feel it is unfair advantage to Arco to be allowed the alcohol sales on a technicality when they are essentially utilizing the mainland on the BCC that traverse into the beer and wine facility. AppficanYs Rebuttal: Mr. Yamasaki, states he is surprised that they would make a protest in as much as they are completely ~ different trade areas. There is an AM/PM directly across the street from the Mobile station at Brookhurst and Crescent, which has a beer and wine license attached to it. The Mobile station was built after the AM/PM, which is all the more surprising they would attempt to leverage the Arco development to their advantage. When they made the application they were fully aware that there were other gas stations, which in their opinion, have an unfair advantage and they chose to move forward in spite of that. The Police Department and staff reviewed the Arco proposal and feel the proposal is acceptable. They do not oppose the request. Arco has been working on the project for approximately two years. Some of the things that Arco has done to reach out to the community and demonstrate its wish to become a leader and incorporate the responsible merchants that sells beer and wine, is they have sponsored two, every 15 minutes, anti-drinking programs both at Loara High School and Magnolia High School. They worked with the WAND (West Anaheim Neighborhood Development) group and are particularly sensitive and aware of the issues presented with the WAND group. As a resuft of the conversations they have had over the years and several meetings with the group, they have agreed to set forth a dollar amount to be reserved for the purchase and termination of two licenses within the area. Ms. Day concurs Mr. Khouraki made a valid point about the 6-foot wall, which becomes an 8-foot wall when it abuts the residential area. She understands the fears of graffiti being removed in a timely manner and states BP Arco is very proactive about graffiti removal in a timely manner. There is a reason for a wall versus just simply landscaping. It provides a buffer for sound for the carwash tunnel with the proximity to residential. THE PUBLIC HEARING WAS CLOSED. Chairperson Bostwick states regarding the design and architectural, staff feels there are other stations in the area that have a better design. For example, stations on State College Boulevard and Katella Avenue are much more architecturally appealing. If they put Arco in the Brookhurst overlay zone it would • preclude the ability to sell beer and wine. That would be fitting to make the area all conform to the design of the community. 01-27-03 Page 13 JANUARY 27, 2003 PLANNING COMMISSION MINUTES • Commissioner Bristol asked how tall the canopy was. Mr. Yamasaki responded approximately 19%2 feet tall. Greg McCafferty, Principal Planner, states Commission has been limiting the height of canopies so that they do not become sound devices in and of themselves. Commissioner Bristol states covered by a single 4,854 square foot canopy structure that would be one- tenth of an acre, 20 feet high. Mr. Yamasaki states commercial fueling vehicles, which often have fuel tanks underneath their trailers, must elevate those in order to bring their trailer up to a height to have access to the tanks. Although newer trucks do not have that impediment, there are many vehicfes on the road that do. He feels 16 %2 feet would cause a problem, which is why Arco has canopies approaching 20-feet. A lot of times there is an on and off switch which causes havoc. Commissioner Bristol states Commissian, along with staff, Redevelopment, Community Development, etc., has been consistent in trying to keep from intensifying the Brookhurst corridor. He feels it is a nice way of bringing in the use and of trying to get away from complying with Brookhurst Commercial Plan and serving alcohol. Commissioner Eastman states it is like a step backwards due to a small technicality. Commissioner Koos states in looking at the staff report, while the canopy does look streamline, low profile in terms of its massing design, it is innovative almost to a space age appearance. The actual convenience market, carwash looks very generic. He feels the design needs more work. He asked the applicant to respond to staff's issues with the design as well as his comments. • Ms. Burnside responded rather than address the question she requests time to consult with her clients and asked for postponement to have further discussion. Chairperson Bostwick offered a motion for a four-week continuance (February 24, 2003), seconded by Commissioner Koos. Motion carried 5-0. OPPOSITION: 2 people spoke in opposition to the subject request. ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Koos and MOTION CARRIED (Commissioners Boydstun and Romero absent), to continue the subject request to the February 24, 2003, Planning Commission meeting in order to allow additional time for the applicant and staff to discuss potential design changes, landscaping and signage issues. VOTE: 5-0 (Commissioners Boydstun and Romero absent) DISCUSSION TIME: 34 minutes (1:48-2:22) • 01-27-03 Page 14 JANUARY 27, 2003 PLANNING COMMISSION MINUTES ~ 6a. CEQA NEGATIVE DECLARATION 6b. WAIVER OF CODE REQUIREMENT 6c. COND{TIONAL USE PERMIT NO. 2002-04628 OWNER: Ronald P. Beard Trustee, 5120 Birch Street, Suite 120, Newport Beach, CA 92660-2153 AGENT: Jim Todaro, The Consulting Group, 5440 Trabuco Road, Irvine, CA 92620 LOCATION: 1216-1254 South Maqnolia Avenue. Property is approximately 7.7 acres located south and east of the southeast corner of Ball Road and Magnolia Avenue. To establish conformity with existing zoning code land use requirements for an existing commercial retail center and to permit a telecommunications antenna and accessory ground-mounted equipment with waiver of maximum structural height within 150 feet of a single-family residential zone boundary. Continued from the January 13, 2003, Planning Commission meeting. CONDITIONAL USE PERMIT RESOLUTION NO. Continued to February 10, 2003 SR8516VN.DOC ~ Chairperson Bostwick introduced Item No. 6 as Conditional Use Permit No. 2002-04628, 1216-1254 South Magnolia Avenue, a request to establish conformity with existing zoning code land use requirements for an existing commercial retail center and to permit a telecommunications antenna and accessory ground-mounted equipment with waiver of maximum structural height within 150 feet of a single-family residential zone boundary. Commissioner Koos indicated he would be abstaining on the item due to his close relationship with the wireless telecommunications industry. While he has previously conferred with the City Attorney and determined that he does not have any financial conflict of interest; he abstains to avoid any potential perceived conflict. ApplicanYs Testimony: Jim Tadaro, on behalf of Cingular Wireless, submitted packages for the Commissioners to review in order to go through the logical progression of the sites in hopes that they may have reconsideration on staff's recommendation. He wished to show different candidates that Cingular reviewed. The first one was on 800 Beach Boulevard, which for RF purposes was not acceptable and would not cover Magnolia Avenue in a north/south manner. The next facility was at 800 Brookhurst St., which also presented problems with a north/south direction. They did not get feedback from the landlord on the property. The next one was in the City of Stanton, CA, and it had the same problems as the other facilities, it was too far off of Magnolia Avenue and did not offer coverage of the north/south direction. The high school was not interested in doing lights on the ball field. That turned them to the church where they did a clock tower design. The City was acceptable of the design and so was Cingular Wireless. However, the church did not want to move forward with the project. That turned them to Chia Market. The original design they proposed was a monopalm setback in the back of the building next to the other existing palm trees. However, the City does not like monopalms so they had to switch from that design, and per staff's recommendation, moved to a clock tower. ~ Regarding the clock tower, they first went to the back of the facility with a see-through clock for the ieast amount of visual impact. Staff suggested they move the tower to the front of the building similar to the 01-27-03 Page 15 JANUARY 27, 2003 PLANNING COMMISSION MINUTES • China King Alley facility that has been approved in the City. The unique aspect to that design is that all of the equipment is stored inside the shopping center. However, in the case of the Chia Market that cannot be done. Therefore, that would make the base of the facility approximately ten parking spaces large. It would be a tremendous visual impact and would not work in front of the facility. That is why Cingular and TCG have decided to push the clock to the back of the facility. The issue that arose from the progression was a variance on the height. The facility at Chia Market was built in 1958 and the apartment complexes built in 1965. They are permitted uses up to 75 feet in the Commercial and CL Zone. However, they request a variance because of the elevation of the facility. THE PUBLIC HEARING WAS CLOSED. Chairperson Bostwick wished to c{arify that the Baptist church was not willing to go along with the request. Mr. Tadaro responded a balloon was raised up to simulate the height of the tower. They presented photo simulations of the plans to the church and the church said they were not interested in going forward with the project. Chairperson Bostwick asked if he had seen the tower at a Lutheran Church on the r-orthwest corner of Sunkist and South Streets. The tower was installed next to the sanctuary, which turned out very attractive. It is a design piece rather than just a block square thing going up in the air. The applicanYs design did not add a lot of architectural beauty to the church's facility. The center is single-story and to enter in a design with one item that sticks up does not fit. Mr. Tadaro responded their attempt was to mimic the similarities at the China King Alley. The top portion of the facility is similar in design to what they proposed, the base is hidden behind the building, and the ~ top portion is similar to the clock tower at China King. Commissioner Eastman asked why they would want to add a higher piece at the back of the center when the only area around the entire shopping area that has any height to it is at the corner of the market. Mr. Tadaro responded for radio frequency purposes, they needed 50 feet at the top of the structure and the reason they are shying away from the front of the facility is because the base of the structure would be immense. They would have to store all of the BTS cabinets and other support equipment in front of the parking lot. Telecommunications run would come from Chia Market through the parking lot as well, and there would be a reduction in signal when going a long distance from Chia Market to the front. The signage is not tall enough to support RF purposes, and also is a long telecommunications run. • Chairperson Bostwick states Commission approved a cellular tower at Lincoln Avenue and Knott Avenue where the company built a clock tower in front of the building but all the equipment cabinet was in back of the building. Therefore, he knows it can be trenched around where it would not be visible. He suggests the applicant look at the architectural design at the church. Mr. Tadaro requested a continuance to speak with Cingular Wireless engineers in order to see how far they could go in front of the building, and also to see what the landlord is willing to do with elements to meet the City's requirements. Commissioner Bristol offered a motion for a two-week continuance, seconded by Commissioner Eastman. Motion carried 4-0. OPPOSITION: None 01-27-03 Page 16 JANUARY 27, 2003 PLANNING COMMISSION MINUTES • ACT10N: Commissioner Bristol offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioner Koos abstained and Commissioners Boydstun and Romero absent), to continue the subject request to the February 10, 2003, Planning Commission meeting in order to allow additional time for the applicant to consider an alternate design pertaining to the subject request. VOTE: 4-0 (Commissioner Koos abstained and Commissioners Boydstun and Romero absent) DISCUSSION TIME: 19 minutes (2:23-2:42) i ~ 01-27-03 Page 17 JANUARY 27, 2003 PLANNING COMMISSION MINUTES i 7 C a. EQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) Approved 7b. CONDITIONAL USE PERMIT NO. 4069 Approved, in part, (TRACKING NO. CUP2002-04634) reinstatement with deletion of time OWNER: Khoda Ostowari, K. Ostowari Construction 878 North Main limitation Street, Orange, CA 92868 LOCATION: 805 South Harbor Boulevard. Property is approximately 0.8-acre located at the southwest corner of South Street and Harbor Boulevard. Reinstate permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on June 20, 2000 to expire September 13, 2003) to retain the sales of beer and wine for off-premises consumption and amend previously-approved exhibits and conditions of approval pertaining to signage (to permit and retain three (3) unpermitted informational signs, one (1) existing directional sign, one (1) car wash menu sign and construct three (3) wall signs and modify conditions of approval pertaining to hours of operation for the convenience market and the sales of beer and wine for a previously-approved service station with an accessory convenience market with sales of beer and wine for off- premises consumption and self-serve car wash. Continued from the December 16, 2002, and January 13, 2003, Planning Commission meetings. ~ CONDITIONAL USE PERMIT RESOLUTION NO. PC2003-14 SR8487AV.doc Chairperson Bostwick introduced Item No. 7 as Conditional Use Permit No. 4069, 805 South Harbor Boulevard, a request for reinstatement of the permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on June 20, 2000 to expire September 13, 2003) to retain the sales of beer and wine for off-premises consumption and amend previously-approved exhibits and conditions of approval pertaining to signage (to permit and retain three (3) unpermitted wall signs and modify conditions of approval pertaining to hours of operation pertaining to the convenience market and sales of beer and wine for a previously-approved service station with accessory convenience market with sales of beer and wine for off-premises consumption and self-serve car wash. ApplicanYs Testimony: Khoda Ostowari, 6263 E. Twin Peak Circle, Anaheim, CA, states they request the condition pertaining to a time limitation for their off-site beer and wine license and request the hours to sell beer and wine be extended from the previously-approved 8 a.m. to 12 a.m. to 6 a.m. to 2 a.m. In accordance with granting the same to the Arco station at Anaheim Boulevard and Broadway by the City of Anaheim. Staff recommended approval of both requests and he personally informed Mr. Don Garcia regarding the requests. The States Panel of Seven (7) Judges Appeals Board approved their license on September 20, 2002, two years after the business first opened. Regarding the request for the signs. It should be noted that the car wash, by way of its design, is located on the west side of the site and is surrounded and hidden from the public view by dense landscaping and • the store's building. The only advertisement visible to the traffic along Harbor Boulevard, a major through-fare, is two 1 X 2 feet car wash signs on both sides of the monument sign. The car wash menus on top of the pumps have been removed. 01-27-03 Page 18 JANUARY 27, 2003 PLANNING COMMISSION MINUTES ~ Mr. Ostowari feels since their store is not a franchise store such as 7-eleven or AM/PM, which by its franchise nature, the customers know what to expect and know what is available in the store, it is necessary to make more efforts to inform the public about the product and services available to be able to compete. For those purposes three (3) 3 X 3 signs have been instafled at the crash post facing Harbor Boulevard to advertise the car wash and the availability of the A7M machine at the store. A directional sign has been placed above the trash enclosure to direct the traffic to the car wash, and the menu sign at the entrance of the car wash is for customers who purchase their wash at the car wash windows. The original request submitted was to install two (2) wall signs on the building facing Harbor Boulevard; one (1) wall sign facing South Street and one (1) wall sign facing south of the property with six (6) additional box signs attached to Canopy columns instead of the pump topper signs that have been removed. However, after reviewing the sign proposals with the Planning Department, and considering the signs that have been approved by the Arco Station at Anaheim Boulevard and Broadway, the request has been modified as follows: ^ They agree with staff's recommendations regarding the removal of the crash post signs facing Harbor Boulevard, and installing them at the crash post facing the store's entrance. ^ They agree with staff's recommendations regarding the removal of the directional signs from the top of the trash enclosure, and installing them at the lower level of the enclosure facing the gas pumps. ^ They agree with staff's recommendations regarding the removal of the existing menu board sign at the entrance of the car wash, and replacing it with a 24 square foot illuminated menu board sign to be approved by the Zoning Division. ~ ^ They agree with staff's recommendations regarding the requested wall signs facing South Street and wall signs facing south of the property, not being posted and installed. ^ They request Commission approve the two (2) wall signs facing Harbor Boulevard. ^ They request the approval of the six (6) 2 X 3 box signs attached to canopy columns next to the empty pump for the gas station customers. Mr. Ostowari states in granting a request it should be noted that the Arco station at Anaheim Boulevard and Broadway has two (2) wall signs facing Broadway, one (1) wall sign facing Anaheim Boulevard, one (1) free-standing car wash sign and one (1) large menu sign both facing Anaheim Boulevard and three (3) 1 X 4 foot car wash signs attached to the monument sign. Also, it should be considered that the uniformed employees drying and detailing cars in a full service car wash, by the nature of their work and presence, advertise for the car wash. Not to mention the live mobile advertisement board at the corner which has been referred to as "First Amendment AdvertisemenY'. Mr. Ostowari states considering their local limitations such as facing only one major street, and the fundamental principal of competing on a level playing field with other similar service stations and car washes in the area and the City of Anaheim, they ask that Planning Commission grant their request and approve the staff recommended amendments No. 1, page 8 and Number 41, page 11 of the staff report, as well as approve the six (6) box signs. THE PUBLIC HEARING WAS CLOSED. Chairperson Bostwick commended Mr. Ostowari on the landscaping and station. • Commissioner Koos concurs it is a great project and in terms of trying to keep up with the competition it may detract what he has accomplished. He is concerned that the appearance of the signage stands out more, based on some of the colors being used. 01-27-03 Page 19 JANUARY 27, 2003 PLANNING COMMISSION MINUTES ~ Greg McCafferty, Principal Planner, states staff patterned their recommendation after what City Council approved for the Arco Station across from City Hall. City Council approved the existing wall sign to identify the convenience market and the one additional wall sign that was put up illegally. In the subject matter staff is recommending the same thing. There is an Ultra Mart at the location and one additional wall sign on the east elevation of the convenience market facing Harbor Boulevard. In addition, the petitioner wants another to flank the other side of the convenience market on the same elevation for a total of three (3) signs. Mr. Ostowari states the difference between his station and the Arco Station is that Arco is on a major through-fare street. So, the sign facing Harbor Boulevard and the sign facing Broadway actually are giving advertisement for both streets. His store, however, has only Harbor Boulevard and when the light is green the cars go pass. For the sake of business they need to do more advertising and get the people's attention. For design purposes, the building is a symmetrical building so putting something there would not look nice. Mr. McCafferty states the existing monument sign at the corner of Harbor Boulevard and South Street identifies the car wash and the applicants could reconfigure the copier or the monument sign to make the car wash more prominent off of Harbor Boulevard. Chairperson Bostwick asked Mr. Ostowari what type of information he wishes to put on the signs next to the pump. Mr. Ostowari responded they are going to establish a car wash club and they have already established a coffee club. Because of the zoning in Anaheim they cannot have topper signs. Therefore, the information that usually goes there to inform customers about the products in the store would sometimes change based on specials being promoted as with Arco, and other stations. They want to be able to compete with them. ~ Commissioner Vanderbilt states he is not so much concerned about the signs, but recognizes when someone pulls up into a pump there are notices that State and Federal Agencies require; warning signs such as turn off your engine, pull forward, etc. Additional advertisement signs might lessen the warning signs effectiveness. As with most gas stations there are people running cars; two and four cars at a gas island at anyone time and the additional signs would restrict ways to get around, creating a barrier. Mr. Ostowari states they would not have a problem with lowering the signs however; the issue at hand is an existing issue all over the City of Anaheim. All the Chevron Stations have box signs directly adjacent to every pump, the two service stations on Katella Avenue and Harbor Boulevard and the other one on Ball Road and Harbor Boulevard have the same box signs that block one side of the pump to the other side of the pump. Greg Hastings, Zoning Division Manager, states the pump signs were not analyzed in the staff report because it was not part of the original application. However, pump top signs are prohibited in the City. Commissioner Koos asked the applicant if he wants to do commercial advertising or personalized advertising. Mr. Ostowari states they are going to have their own, 3'/2 X 3'/2 signs sent from the corporation, which has a contract with producers. Commissioner Koos states he is inclined to support the applicanYs request, not to regulate changeable messages from commercial ver-dors, but subject to the stipulation that any permanent signage has to match the existing color scheme at the gas station. Also, the applicant should be allowed to compete with Chevron and be able to change out signs for different advertisers. ~ Chairperson Bostwick states he would be more inclined to support the three wall signs and leave off the pump signs altogether. The wall signs could advertise food products, coffee club, car wash club, etc., Q 1-27-03 Page 20 JANUARY 27, 2003 PLANNING COMMISSION MINUTES ~ and a condition added that the signage be painted in colors to match the trim and the building colors so that it would have a uniform look. Commissioner Bristol feels the site has a disadvantage over the site on Broadway and Anaheim Boulevard insomuch as they are tucked back. He states the applicant has done a wonderful job in making the station look gorgeous, but it is not as easy to see his signage as travelers pass by. He feels they should have the two additional ones. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Bristol and MOTION CARRIED (Commissioners Boydstun and Romero absent), that the Anaheim City Planning Commission does hereby determine that the previously-approved Negative Declaration is adequate to serve as the required environmental documentation for subject request. Approved the request for reinstatement of Conditional Use Permif No. 4069 (Tracking No. CUP2002-04634) to retain the sales of beer and wine for off-premises consumption without a time fimitation and modified conditions of approval pertaining to the hours of operation for the sale of beer and wine to 6 a.m. to 2 a.m., and approved, in part, additional signage including: two (2) additional wall signs (for a total of three) on the east elevation of the convenience market facing Harbor Boulevard, two (2), 9 square feet u-shaped signs advertising on-site services located on the west ends of the two southerly pump islands facing the convenience market, one (1), 24 square foot "menu board" sign located at the entry to the car wash tunnel and one (1), 9 square foot car wash ~ informational/instructional sign located on the wall of the trash enclosure and amended the previously-approved exhibits on file. Amended Resolution No. 2000R-115 in its entirety and replaced it with a new resolution which includes the following conditions of approval (Condition Nos. 1, 41 and 45 are new conditions; and Condition No. 41 was modified at today's meeting): That the sale of beer and wine shall be permitted only between the hours of 6 a.m. to 2 a.m. That no video, electronic or other amusement devices or games shall be permitted. 3. That no propane tanks shall be permitted. 4. That trees shall not be unreasonably trimmed to afford increased visibility of the facility. 5. That roof-mounted balloons or other similar devices shall be prohibited. 6. That the numerical address shall be provided and maintained on the roof in contrasting colors in a manner not visible to the street, and to the satisfaction of the Anaheim Police Department. 7. That any on-site telephones(s) shall be located inside the convenience store building. ~ 8. That window signs shall be prohibited. 01-27-03 Page 21 JANUARY 27, 2003 PLANNING COMMISSION MINUTES • 9. That an inventory of retail sales items (not including beer, wine, fuel or automotive products) exceeding ten thousand dollars ($10,000.00) shall be maintained on the premises. 10. That receipts from the sale of beer and wine shall not exceed thirty five percent (35%) of all retail sales during any twelve (12) month period. 11. That no display of beer or wine shall be located outside the building or within five (5) feet of any public entrance to the building. 12. That the area(s) of beer or wine display shall not exceed twenty five percent (25%) of the total display area in the convenience market building. 13. That cold beer or wine having a temperature below sixty five degrees (65°) Fahrenheit shall only be sold from, or displayed in, permanently affixed coolers for the cooling and storage of all refrigerated products. 14. That no advertising of beer or wine shall be located, placed, audible to, or attached to any location outside the interior of the convenience market building; and that any such advertising shall not be visible to anyone outside the building. 15. That the sale of beer and wine shall be made to customers only when the customer is inside the convenience market building. 16. That no person under twenty one (21) years of age shall sell or be permitted to sell any beer or wine. ~ 17. That at least one (1) sign to discourage driving a vehicle while under the influence of drugs or alcoholic beverages shall be prominently displayed inside the convenience market building for every three (3) signs advertising beer or wine; provided, however, that at least two (2) such signs to discourage driving a vehicle while under the influence of drugs or alcoholic beverages shall be prominently displayed inside the building. 18. That the operator of the service station shall participate in, aid and support educational and other programs intended to reduce driving while under the influence of drugs or alcoholic beverages. 19. That all trash generated by this convenience market shall be properly contained in trash bins located within approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Code Enforcement Division (Planning Department) shall determine the need for additional bins or additional pick-up. All cost for increasing the number of bins or additional frequency of pick-up shall be paid by the business owner. 20. That any roof-mounted equipment shall be subject to the screening requirements specified in Anaheim Municipal Code Section 18.44.030.120. 21. That the owner of subject property shall be responsible for the removal of any on-site graffiti within twenty four (24) hours of its application. . 22. That the front landscaped setback (outside of the ultimate right-of-way) shall include a landscaped earthen berm (minimum three (3) feet high) and shall be 01-27-03 Page 22 JANUARY 27, 2003 PLANNING COMMISSION MINUTES ~ maintained and irrigated with minimum twenty four inch (24") box sized trees located on maximum twenty (20) foot centers. 23. That the landscaped areas within the dedication area (ultimate street rights-of- way) shall be properly maintained by the property owner until such time that the street is widened. 24. That clinging vines shall be located on maximum three (3) foot centers against all screen walls and fences, including the trash enclosure. Said landscaping shall be continually maintained. 25. That the trash enclosure, area shall be maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as clinging vines or tall shrubbery. 26. That an on-site trash truck turn-around area shalf be maintained in accordance with Engineering Standard Detail No. 610 to the satisfaction of the Streets and Sanitation Division. 27. That the car wash shafl utilize a recycled water system. The car wash system shall discharge to the sanitary sewer system between the hours of 10 p.m. to 7 a.m. only. ~ 28. That since this project has landscaping areas exceeding 2,500 square feet a separate irrigation meter shall be maintained in compliance with Chapter 10.19 of Anaheim Municipal Code and Ordinance No. 5349. 29. That the car wash shall comply with all state laws and local ordinances for water conservation measures. Voluntary water conservation strategies shall be encouraged. 30. That only one (1) driveway shall be permitted on South Street and one (1) on Harbor Boulevard. 31. That plans shall be maintained in conformance with plans submitted to the City Traffic and Transportation Manager showing conformance with the most current versions of Engineering Standard Plan Nos. 436, 602 and 607 pertaining to parking standards and driveway locations. 32. That all driveways shall be maintained with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 137. 33. That during business hours of subject facility, the men's and women's restrooms shall be available to the public and shall be properly supplied and maintained. 34. That no outdoor vending machines or water machines shall be located so as to be visible to the public rights-of-way. • 35. That the car wash drive-through lane shall be maintained as approved by the City Traffic and Transportation Manager. 01-27-03 Page 23 JANUARY 27, 2003 PLANNING COMMISSION MINUTES • 36. That on-site lighting shall be maintained in accordance with plans approved by the Community Services Division, Police Department. 37. That the hours of operation for the car wash shall be limited to 7 a.m. to 7 p.m. daily. 38. That no outdoor storage, display or sales of any merchandise or fixtures shall be permitted outside the building. 39. That the roll-up car wash doors shall be painted to match the exterior of the building. 40. That beer shall not be sold in packages containing less than a six (6) pack, and that wine coolers shall not be sold in packages containing less than a four (4) pack. 41. That the signs on subject property shall be limited to the following and subject to the review and approval of the Zoning Division. Any future minor modifications to this signage shall be subject to review and approval of the Planning Commission as a Report and Recommendation item. (i) One, maximum eight (8) foot high monument sign located near the intersection of Harbor Boufevard and South Street. The monument sign shall be located within a properly maintained landscaped planter area. No signage shall be applied to the base. ~ (ii) Two (2), 9-square foot u-shaped signs advertising on-site services, located on the west ends of the two southerly pump islands facing the convenience market. The remaining four (4) pump island ends may have the same sized signage but shall be limited to "Please pull up to forward pump", or a message of similar instructional intent. (iii) ~AfA-E~} Three (3) wall signs, facing Harbor Boulevard and not exceeding fifteen (15) sq.ft. each. Such signs shall display only the name of the tenants and/or a tenant logo, advertisement of the car wash and/or specification of being open 24-hours. (iv) One (1), 24 square foot "menu board" sign located at the entry to the car wash tunnel. (v) One (1), 9 square foot car wash informational/ instructional sign located on the wall of the trash encfosure directing car wash patrons to the entrance of the facility. (vi) Two (2) canopy signs, not exceeding 12 square feet each, located on the canopy band, with not more ihan one (1) sign per canopy face. Added the following to read as follows: (vii) That all signs shall have a uniform color and design theme to match the colors of the existing approved signs. • 01-27-03 Page 24 JANUARY 27, 2003 PLANNING COMMISSION MINUTES • 42. That the exhaust vents for the gasoline station tanks shall be located at the rear of the property. 43. That the parking lot serving the premises shafl be equipped with decorative lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window areas of adjacent properties and that said lighting shall be continually maintained. 44. That a bond shall be recorded and maintained to the satisfaction of the Public Works Department and the City Attorney's Office guaranteeing construction of the public right-of-way improvements as required by the Public Works Department within a period of five (5) years from the date of occupancy. 45. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1, Revision No. 3 and 2 through 5, and as conditioned herein. 46. That within 60 (sixty) days from the date of this resolution, Condition Nos. 41 and 45, above-mentioned, shall be complied with. 47. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request • regarding any other applicable ordinance, regulation or requirement. VOTE: 5-0 (Commissioners Boydstun and Romero absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 37 minutes (2:43-3:20) ~ 01-27-03 Page 25 JANUARY 27, 2003 PLANNING COMMISSION MINUTES ~ 8a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) Approved 8b. CONDITIONAL USE PERMIT NO. 4061 Approved reinstatement (TRACKING NO. CUP2002-04649) for 3 years (to expire on November 23, 2005) OWNER: Dong S and Myoung A. Kim, 969 La Paz Road, Placentia, CA 92870 AGENT: Timothy Hill, Hiil & Hill Enterprises, INC., 17831 Morrow Circle, Villa Park, CA 92861 LOCATION: 1652 West Lincoln Avenue. Property is approximately 1.3 acres with a frontage of 220 feet on the south side of Lincoln Avenue, located 440 feet east of the centerline of Euclid Street (Chain Reaction). Reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on January 17, 2001 and expired on November 23, 2002) to retain a public dance hall. CONDITIONAL USE PERMIT RESOLUTION NO. PC2003-15 SR8509VN.DOC Chairperson Bostwick introduced Item No. 8 as Conditional Use Permit No. 4061, 1652 West Lincoln Avenue - Chain Reaction, as a request for reinstatement of the permit by the modification or deletion of a ~ condition of approval pertaining to a time limitation (approved on January 17, 2002 and expired on November 23, 2002) to retain a public dance hall. ApplicanYs Testimony: Brenda Hill, 17831 Morrow Circle, Philip Park, CA, states the outside pay phone, staff requests they remove, does not belong to them but they will research who the owner is. Chairperson Bostwick asked when the pay phone was added. Ms. Hill responded it has been there from their initial move-in. THE PUBLIC HEARING WAS CLOSED. Commissioner Bristol asked Ms. Hill if she owns her business. Ms. Hill responded yes. Commissioner Bristol asked if Mr. Kim owns the property and is whom she leases from. Ms. Hill responded yes. Commissioner Bristol asked if she feels Mr. Kim would have an objection to removing the pay phone. Ms. Hill responded she did not believe he owned the phone either because they both receive a check from R& J Communications, which pays them a percentage of the phone calls. She would try to communicate with the company to get the phone removed in order to have one put inside as requested. ~ 01-27-03 Page 26 JANUARY 27, 2003 PLANNING COMMISSION MINUTES ~ • • ' ~' • • ~ • ~ ~ ~ OPPOSITION: None ACTION: Commissioner Koos offered a motion, seconded by Commissioner Bristol and MOTION CARRIED (Commissioners Boydstun and Romero absent), that the Anaheim City Planning Commission does heceby determine that the previously-approved Negative Declaration is adequate to serve as the required environmental documentation for subject request. Approved the request for reinstatement of Conditional Use Permit No. 4061 (Tracking No. CUP2002-04649) to retain a public dance hall for a period of three (3) years, to expire on November 23, 2005. Amended Resolution No. PC2001-13 in its entirety and replaced it with a new resolution which includes the following conditions of approval: 1. That this permit shall expire on November 23, 2005. 2. That there shall be no public telephones on the premises located outside the building. 3. That this public dance hall shall comply with the requirements of Chapter 6.70 'Sound Pressure Levels' of the Anaheim Municipal Code. 4. That at all times when dancing is permitted, adequate security measures ~ shall be provided to deter unlawful conduct on the part of employees or patrons, and to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbance of the neighborhood by excessive noise created by patrons entering or leaving the premises. The business operator shall provide a minimum of four (4) security guards at all times or any other number of security guards as determined to be appropriate by the Anaheim Police Department. 5. That any and all security officers shall comply with all State and locaf ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Professions Code. 6. That the operator of any business under this conditional use permit shall not be in violation of any provision of the Anaheim Municipal Code, or any State or County Ordinance. 7. That dancing shall commence no earlier than 6:00 p.m. nor continue beyond 1:00 a.m. of the same evening. 8. That the numbers of persons attending the event shall not exceed the maximum occupancy load as determined by the Anaheim Fire Department. Signs specifying the maximum occupant load sf~,all be posted and maintained in a conspicuous place on an approved sign near the main exit from the premises. 9. That the doors shall remain closed at all times that entertainment is permitted, except during times of entry or exit, emergencies and deliveries. ~ 10. That the business shall not be operated in a manner detrimental to the public health, safety or welfare. 01-27-03 Page 27 JANUARY 27, 2003 PLANNING COMMISSION IVIINUTES ~ 11. That all entertainers and employees shall be clothed in such a way so as not to expose "specified anatomical areas" as described in Section 7.16.060 of the Anaheim Municipal Code. 12. That all floor spaces provided for dancing shall be free of any furniture or partitions and maintained in a smooth and safe condition. 13. That any violation of the application, or any attached conditions, shall be sufficient grounds to revoke this conditional use permit. 14. That the sign boards located on the front elevation of the building shall be removed. 15. That signage for subject facility shall be limited to that which is shown on the exhibits submitted by the petitioner and approved by the Planning Commission. Any additional signs shall be subject to review and approval by the Planning Commission as a"Reports and Recommendations" item. 16. That there shall be no outdoor storage in any required parking area. 17. That no roof-mounted equipment shall be permitted unless screened in accordance with Code requirements. 18. That the front landscape planter shall be maintained in accordance with approved plans and in healthy condition. Any trees or other live plant material that become diseased or dies shall be replaced. ~ 19. That this public dance hall shall be operated in accordance with the following rules, as stipulated to by the petitioner: (a) No one under the influence of alcohol or drugs shall be admitted. (b) Absolutely no alcohol shall be served or permitted on the premises. (c) No "in and out" privileges shall be allowed. (d) No smoking shall be permitted on the premises. (e) No backpacks shall be permitted. 20. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. That the chain link fence surrounding the area shall be maintained with PVC slats. 21. That the rear of this property shall permanently be maintained free of debris, litter, and overgrown vegetation. 22. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1, and as conditioned herein. 23. That within a period of 60 (sixty) days from the date of this resolution, whichever occurs first, Condition Nos. 2, and 14, above-mentioned, shall be ~ complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 01-27-03 Page 28 JANUARY 27, 2003 PLANNING COMMISSION MINUTES ~ 24. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. VOTE: 5-0 (Commissioners Boydstun and Romero absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TtME: 3 minutes (3:21-3:24) (Commissioner Koos left the Council Chambers at 3:25 p.m.) ~ i 01-27-03 Page 29 JANUARY 27, 2003 PLANNING COMMISSION MINUTES ~ 9a. CEQA CATEGORICAL EXEMPTION - CLASS 1 Concurred with staff 9b. CONDITIONAL USE PERMIT NO. 2002-04651 Denied 9c. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. Denied 2002-00009 OWNER: Bonnie M. Weberg, 1360 East Maple Street, Glendale, CA 91205 AGENT: Alicia Cornejo, Momma's Mini Mart, 1425 East Lincoln Avenue A, Anaheim, CA 92805 LOCATION: 1287 A East Lincoln Avenue. Property is approximately 4.2-acres with a frontage of 430 feet on the north side of Lincoln Avenue, located 513 feet east of the centerline of East Street (Momma's Mini Mart). CONDITIONAL USE PERMIT NO. 2002-04651: To permit retail sales of beer and wine for off-premises consumption within an existing convenience market. DETERMINIATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2002-00009: Determination of public convenience or necessity to permit sales of beer and wine for off-premises consumption within an existing convenience market. CONDITIONAL USE PERMIT RESOLUTION NO. PC2003-16 ~ PUBLIC CONVENIENCE OR NECESSITY RESOLUTION NO. PC2003-17 SR8529AV.DOC Chairperson Bostwick Introduced Item No. 9 as Conditional Use Permit No. 2002-04651, 1287-A East Lincoln Avenue - Momma's Mini Mart, a request to permit retail sales of beer and wine for off-premises consumption within an existing convenience market. Determination of Public Convenience or Necessity No. 2002-00009 - a request to permit sales of beer and wine for off-premises consumption within an existing convenience market. Applicant's Testimony: Martha Marquez, 105 S. Vine St., Anaheim, CA, states they have read the staff report and are willing to work with the conditions of the CUP (Conditional Use Permit) and the Police Department. Their store is based on Hispanic products such as making enchiladas from scratch and that makes them different from other stores. Next door to their store is an apartment complex of residents who do not drive and are in need of food products. Her mother also owns apartments and a travel agency one-half block from the liquor store. She feels they know every one in the neighborhood, specifically every child. She asks for an opportunity to prove to Commission they can maintain a successful business. Gina Marquez, 235 W. Orangewood Avenue, Anaheim, CA, states the purpose for Momma's Mini Mart is to serve a largely Hispanic neighborhood and offer a close and convenient location to purchase Latin products. There is a similar store a mile away. Momma's Mini Mart is a convenience to the surrounding community. JJ Produce sells more produce, chips, etc., and has a square footage of only 600 feet. Momma's Mini Mart is 1,800 square feet. Therefore, their customers could make a one-stop shop trip. • The base of Momma's Mini Mart would be 20% sells of beer and wine and the rest would be based on money orders, lotto, etc.; the $87,000,000 was won there last year. The crime rate in 2000-2001 has decreased by 20%. Planning and the Health Department visited their store and are impressed with the 01-27-03 Page 30 JANUARY 27, 2003 PLANNING COMMISSION MINUTES • clean and nice environment. Their hours of operation are 9 to 9 Monday through Saturday, and Sundays 9 to 8. They ask for an opportunity to prove to Commission that they will maintain a nice and clean environment at Momma's Mini Mart. Martha Marquez adds they have turned down offers with great commissions to have outside pay phones, vending machines, video games, etc. The Health Department visited them and was amazed at the cleanliness of their store. Their hours will remain the same because they have family and children to care for, and as a result they even close early for days designated for birthday parties. It is a family owned business made up of their mother and her three daughters and they will not hire anyone else. The unique thing about their store is that they sell Latin, Hispanic products, including spices, to make dishes from scratch. Their mother has worked hard to give them the opportunity to own something. In addition to the store, she owns a travel agency and a 4-plex on the same street. Their mother has taught them to work hard in order to prove that they can accomplish their goals. She feels they are role models to the children in the community. When out spending quality time with their families, it makes them feel good to be recognized by the community children. At Disneyland, etc., when children run up to them and recognize they are the owners of Momma's Mini Mart and their mother owns the Travel Agency, they tell them if they work hard and get good grades they can have what they have and even more. Their mother reared 5 girls as a single parent, and is a successful businesswoman. She states their mother is setting an example before them so that they can pass it on to their children. It is nice to be able to say they are 30 years and younger, and all own their own properties in Anaheim and Lake Elsinore, CA. They are excited to own a store and have set goals to someday have a chain like Arco, etc. Public Testimony: Bonnie Weberg, 1360 E. Maple, Glendale, CA, states the store was built in approximately 1963, and she ~ is the second owner. After September 11, 2001, Ms. Cornejo, the girls' mother, made a decision to diversify somewhat from her travel business. She contacted her regarding the mini-market, which at that point had a beer and wine license and had been abandoned by the tenant. The store has had a continuous history of liquor, beer and wine since it was built. Ms. Weberg states the girls' mother, Ms. Cornejo, has done a beautiful job on the store, the improvements are wonderful and she does not understand why Ms. Cornejo would be restrained from bettering the business by including something that historically has been there before. Ms. Cornejo has two businesses, lives in the area, has had businesses in the Lincoln Avenue area for a long time, and is a real presence in Anaheim. Therefore, she would appreciate Commission's consideration of Ms. Cornejo's petition. John Weberg, property owner, 1360 E. Maple Street, Glendale, CA, states in response to the Police Report, if anyone were to ask any policeman if he would like to stop alcohol sales at the coliseum he would say yes. But as far as crime in the area, he and his wife are proactive and have a painter "on call" and if there is any appearance of graffiti it is painted out. Also, people dump trash in back of their property; couches, etc., and they have a hauler "on call" so that it is picked up immediately. Last year repairs to the parking lot cost them $55,000 for pothole prevention and just normal wear and tear. As property owners, they are very aware of the City of Anaheim, are pleased to be a partner, and will cooperate. Roger Frick, Minister and representative of over 500 families from Zion Lutheran Church and Schools, 222 N. East St., Anaheim, CA, states even though they feel Momma's Mini Mart is a very nice store, he is opposed as Zion is opposed, to the permit for the following reasons: ^ They operate a school and church facility with approximately 500 children in pre-school and elementary school directly north of the proposed site. ~ ^ With the number of families, parents and children who go by the location there is some concern of what kind of influence it would have on the children. 01-27-03 Page 31 JANUARY 27, 2003 PLANNING COMMISSION MINUTES • ^ Lincoln Elementary School is directly across the street. ^ They have noticed with Kelly's Market operating without a liquor license over the last year there has been a significant decrease of loitering and public drinking in the area. ^ As noted in the staff report, in this reporting district, the Anaheim Police Department has reported that the crime rate is 114% above the City average. ^ At 10:36 this morning when he drove by the location, there were bnro males outside at the southwest corner of Choc Thrift Store drinking alcohol. That is within 300 feet of school children at Zion, and directly across the street from Lincoln Elementary. ^ On January 16, 2003, he had a concern of community safety. He spoke with Police Chief Roger Baker, Lieutenant Joe Vargas and Commander Mike Hanna about a number of community and safety issues in the area, the crime rate and the safety of the children. There is concern about the peace, health and general welfare of the area. ^ There is an existing location a few doors down from Momma's Mini Mart that currently sells beer and wine, and around the corner three-tenths of a mile is Jack's Market. Applicant's Rebuttal: Martha Marquez states they too are concerned with family and children because they also have children. Their base is not 100% beer and wine. It is a one-stop shop; groceries, Latin products spices, etc., and if anyone would want to grab a beer and wine for dinner it would be easy access not to have to go to other stores. ~ Gina Marquez states in response to two males being on their property, there used to be a lot of homeless people sleeping in the back of Choc Thrift Shop, but they kicked them all out. They are gone and have never returned. She states if Rev. Frick saw someone there this morning she and her family must have missed them because they were also there this morning. They have children and are also concerned. So, if they see something bad, they are the first ones to call the Police. Mr. Weberg states Choc is not a part of the property, but does adjoin the property. Where the church and school is, to the north, there is a block wall approximately 7 to 8 feet, dividing the school from their property. So, to come onto their property one would have to go out east, come down, and walk back better than a block. Commissioner Bristol states there is a chain link opening for access onto his property. THE PUBLIC HEARING WAS CLOSED. Chairperson Bostwick states the one thing most people do not understand is that when the Commission grants a Conditional Use Permit it goes with the land. The operator today may be the best person in the world, but if he leaves tomorrow, somebody else inherits his permit and may not operate in the same good manner. Commission has to consider that along with the crime statistics, etc. Adding more licenses into an area has proven not to help in combating crime and bettering the City's communities. Thomas J. Smith, Police Department, states from September 2001 to September 2002 there were 31 calls for service. Out of the 31 calls there were six (6) reports taken for the address at 1287 E. Lincoln; in the parking lot and inside the businesses but not specific to Momma's Mini Mart. Commissioner Bristol asked Sergeant Smith if 114% above average was considered high crime rate. ~ Sergeant Smith responded yes. 01-27-03 Page 32 JANUARY 27, 2003 PLANNING COMMISSION MINUTES ~ Commissioner Vanderbilt states a memo from one of the applicants was sent in that made mention of possible situations where customers would go into Momma's Mini Mart to purchase something and because there is no alcohol available they would leave and go to another store. The customers would feel that they could not return to Momma's Mini Mart, and go inside with the package, to make a purchase. Sergeant Smith responds he cannot be certain but believes it is true that they could not take the package into Momma's Mini Mart while shopping for other groceries. Commissioner Vanderbilt states with respect to the calls for service to the address, there were quite a few calls in the last year. Sergeant Smith states the calls for service were not indicative to Momma's Mini Mart. Commissioner Vanderbilt states he appreciates the applicants' attempts to minimize the impact in ways of the hours of operation, being as limited as they are, and the desire to operate for just one year with a CUP. He does not believe this type of business would present the problems of concern, and a year would allow them the oppo~tunity to prove or disprove their success. Commissioner Eastman states she has trouble with two liquor outlets being in the same area. She finds it hard to state it is for convenience or necessity because the stores are within walking distance of each other. Commissioner Bristol states the applicants are doing a very good job and he finds it hard to make a decision, but he tends to agree with the Police Reports because he knows of crime activity in the area. ~ • ~ ~ - • ~ • • ~ • ~ OPPOSITION: 1 person spoke in opposition to the subject request (representing Zion Lutheran Church and School) ACTION: Commissioner Bristol offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioners Boydstun, Koos and Romero absent), that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falls within the definition of Categorical Exemptions, Class 1(Existing Facilities), as defined in the California Environmental Quality Act (CEQA) Guidelines and is, therefore, categorically exempt from the requirement to prepare additional environmental documentation. Denied Conditional Use Permit No. 2002-04651 (to permit the retail sales of beer and wine for off-premises consumption within an existing convenience market) based upon the testimony presented at today's meeting and based on the following: (i) That due to the above-average crime rate of 114% establishing an additional alcohof outlet would be detrimental to the peace, health and general welfare of the citizen's of Anaheim. Denied Determination of Public Convenience or Necessity No. 2002-00009 (to permit the retail sales of beer and wine for off-premises consumption within an existing convenience market) based upon the testimony presented at today's meeting and based on the following: (i) That the petitioner has not demonstrated that this request would serve to ~ benefit the public in terms of convenience or necessity due to the proximity of an existing business on the same property that sells beer and wine for off- premises consumption. 01-27-03 Page 33 JANUARY 27, 2003 PLANNING COMMISSION MINUTES ~ (ii) That due to the high crime rate within the Reporting District permitting an additional alcohol establishment could contribute to a further increase in calls for service and crime. VOTE: 3-1 (Commissioner Vanderbilt voted no, Commissioner Koos absent following ltem No. 8, and Commissioners Boydstun and Romero absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 29 minutes (3:25-3:54) ~ ~ ~ ~ ~ 01-27-03 Page 34 JANUARY 27, 2003 PLANNING COMMISSION MINUTES • 10a. CEQA CATEGORICAL EXEMPTION - CLASS 1 10b. VARIANCE NO. 4322 (TRACKING NO. VAR2002-04548) OWNER: Tien Seng International, 800 South Beach Boulevard, Anaheim, CA 92804 AGENT: Daniel Burke, Network Development Associates, 929 Spring Water Street, Danville, CA 94506 LOCATION: 800 South Beach Boulevard. Property is approximately 0.93-acre with a frontage of 175 feet on the east side of Beach Boulevard, located 150 feet north of the centerline of Rome Avenue (Ramada Inn). Reinstatement of this permit by modification or deletion of a condition of approval pertaining to a time limitation (approved on October 27, 1997, and expired on October 27, 2002) to retain accessory ground-mounted telecommunications equipment with waiver of minimum structuraf setback adjacent to a residential zone. VARIANCE RESOLUTION NO. PC2003-18 Concurred with staff Approved reinstatement with deletion of time limitation SR8536VN.DOC Chairperson Bostwick introduced Item No. 10 as Variance No. 4322, 800 South Beach Boulevard - ~ Ramada Inn, a request for reinstatement of the permit by modification or deletion of a condition of approval pertaining to a time limitation (approved on October 27, 1997, and expired on October 27, 2002) to retain accessory ground-mounted telecommunications equipment with waiver of minimum structural setback adjacent to a residential zone. ApplicanYs Testimony: There was no one present to speak on Item No. 10. THE PUBLIC HEARING WAS CLOSED. Commissioner Bristol offered a motion for CEQA Categorical Exemption - Class 1, seconded by Commissioner Eastman. Motion carried 4-0. • • ~ - _ ~i~ie: • . e. - - •ui~ •- _ •- OPPOSITION: None ACTION: Commissioner Bristol offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioners Boydstun, Koos and Romero absent), that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falls within the definition of Categorical Exemptions, Class 1(Existing Facilities), as defined in the California Environmental Quality Act (CEQA) Guidelines and is, therefore, categorically exempt from the requirement to prepare additional environmental documentation. • Approved the request for reinstatement of Variance No. 4322 (Tracking No. VAR2002- 04548) to retain the existing accessory ground-mounted telecommunications equipment 01-27-03 Page 35 JANUARY 27, 2003 PLANNING COMMISSION MINUTES ~ in conjunction with an administratively-approved roof-mounted telecommunication antenna without a time limitation. Amended Resolution No. PC97-155 in its entirety and replaced it with a new resolution which includes the following conditions of approval (a new condition of approval was added at today's meeting): 1. That this equipment shall be maintained in conformance with Council Policy Number 542 "Sound Attenuation in Residential Projects" and with Noise Insulation Standards specified in Title 25 of the California Administrative Code. 2. That the maximum height of the equipment and chain link fence enclosure shall not exceed the height of the existing block wall to the east or six (6) feet, whichever is less. 3. That the chain link fence enclosure shall be maintained with interwoven simulated wood or PVC slats and shall be maintained in good condition at all times. 4. That the subject property shall be developed substantially in accordance with the plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 5 and as conditioned herein. 5. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Code and any ~ other applicable ciry, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 6. That any inoperable vehicles shall be removed immediately from the property and that no automotive repair shall be permitted. VOTE: 4-0 (Commissioner Koos absent following Item No. 8, Commissioners Boydstun and Romero absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 1 minute (3:55-3:56) A 5-minute break was taken (3:57-4:02) ~ 01-27-03 Page 36 JANUARY 27, 2003 PLANNING COMMISSION MINUTES ` 11a. CEQA NEGATIVE DECLARATION Approved 11 b. RECLASSIFICATION NO. 2002-00090 Granted 11c. WAIVER OF CODE REQUIREMENT Approved, in part 11d. CONDITIONAL USE PERMIT NO. 2002-04652 Granted 11e. TENTATIVE TRACT MAP NO. 16489 Approved OWNER: Phillip R. Bennett, 12361 Baja Panorama, Santa Ana, CA 92705 LOCATION: 2865 West Lincoln Avenue. Property is approximately 0.6-acre with frontage of 100 feet on the north side of Lincoln Avenue, located 230 feet east of the centerline of Bel Air Street. Reclassification No. 2002-00090 - Request reclassification of the property from the CL (Commercial, Limited) zone to the RM-3000 (Residential, Multiple-Family) zone, or a less intense zone. Conditional Use Permit No. 2002-04652 - To construct a 7-unit detached one-family residential condominium subdivision with waivers of: (a) minimum private street standards, (b) maximum fence height and (c) minimum setback adjacent to interior lot lines. Tentative Tract Map No. 16489 - To establish a 1-lot, 7-unit airspace detached one-family condominium subdivision. ~ RECLASSIFICATION RESOLUTION NO. PC2003-19 CONDITIONAL USE PERMIT RESOLUTION NO. PC2003-20 SR1107CW.DOC Chairperson Bostwick introduced Item No. 11 as Conditional Use Permit No. 20Q2-04652, 2865 West Lincoln Avenue, a request for reciassification of the property from the CL (Commercial, Limited) Zone to the RM-3000 (Residential, Multiple-Family) Zone, or a less intense zone. To construct a 7-unit detached one-family residential condominium subdivision with waivers of: (a) minimum private street standards, (b) maximum fence height, and (c) minimum interior setback. Applicant's Testimony: Phillip R. Bennett, owner and architect for the project, 12361 Baja Panorama, Santa Ana, CA, states they are attempting to construct 70 single-family condominiums on the project at approximately %2 acre. They have gone through the planning staff recommendations and would like to address the following: Page 9, Condition No. 1 should be seven (7) 24-inch box trees on 30-foot centers in the parkway fronting Lincoln Avenue. ^ Condition No. 3, in regards to the streetlights along Lincoln Avenue, there are currently two streetlights bordering the property on the east and west and he was told he would not have to install any additional street lighting along Lincoln Avenue. Greg McCafferty, Principal Planner, states the condition is as required by the Electrical Engineering Division. Therefore, if the Engineering Division does not require it, the applicant would not have to install ~ additionallighting. THE PUBLIC HEARING WAS CLOSED. 01-27-03 Page 37 JANUARY 27, 2003 PLANNING COMMISSION MINUTES • Chairperson Bostwick states Commission has concerns with the project and one of them is parking. The applicant meets the code but provides only six (6) additional spaces. For six (6) three (3) bedroom units with two (2) car garages he feels it would be better if the applicant took out the two (2) bedroom unit. It would give more room for open space and the two end units could be redesigned, turning one a different direction so that they are not sitting on the side. Mr. Bennett states they currently have six (6) on-site guest parking spaces that are open plus two (2) per unit that are required. When they first started the project it was ten (10) units and they have cut it down to seven (7) units in order to comply with parking and open space requirements and lower density. To eliminate another unit is not something they would be in favor of. They have some very stringent setbacks to comply with; 35 feet along Lincoln Avenue, 50 feet for any second floors facing the rear property line, a 20-foot rear yard setback. There are already tremendous restrictions on the property and they meet the minimum requirement for the City of Anaheim. Chairperson Bostwick states the density is still very high. Although it is qualified under the RM-3000, the project offers three (3) bedroom units with two (2) parking spaces and basically one additional car of six (6) of those is less than one (1) per unit. There is no extra space for friends, children, etc. Although it is caffed a condominium, it is basically detached homes, there is no moving room inside and it is very tight. The garages are opposed to each other so that backing out would be almost backing over into the other person's garage. Greg McCafferty, Principal Planner, states the landscape setback on Lincoln Avenue is 20 feet and the structural is 35 feet. There could be opportunities to add additional guest parking spaces outside the 20- foot landscape setback on Lincoln Avenue. Staff would be happy to work with them for a couple of weeks to try to achieve more guests parking. Mr. Bennett states if staff is acceptable to them adding two more parking spaces beyond the required 20- ~ foot setback and making that a condition, he would rather do that than extending another two-weeks. He has already lost several months on the project in efforts to meet the design guidelines and restrictions. He proposes to put a low screen wall on the front to try to screen the cars as much as possible and add additional landscaping in front of that. Commissioner Eastman states the two (2) units in the back need some design help on the front appearance. {t does not flow from a design standpoint and seems to chop up the project. Mr. Bennett states one of the things they have tried to do in designing the two (2) units in the back is to lay it out so that they would not have opposing windows facing each other. He proposes to put windows on the elevation and dress it up. Commissioner Bristol asked about the possibilities of the westerly property integrating into the site. Mr. Bennett responded he spoke with the owner of the property, and it was something that initially he was receptive of, but in the next breath said he had just renegotiated the majority of the leases for that space and most were 10-year leases. He said it would be a very expensive piece of properry to buy. Mr. Bennett states the way they have their project laid out, if in the future they were able to acquire the property, they could certainly tie their project into it. Commissioner Bristol states when the site plan was designed that seemed to have been kept in mind so that no landscaping appears to be in the area. Mr. Bennett states they plan to put landscaping in and would also be sandblasting and color-coding the existing wall to match their project. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. ~ OPPOSITION: None 01-27-03 Page 38 JANUARY 27, 2003 PLANNING COMMISSION MINUTES • IN GENERAL: An e-mail was received, prior to the meeting, with questions pertaining to the subject request. ACTION: Approved CEQA Negative Declaration Granted Reclassification No. 2002-00090 (to reclassify this property from the RS-A- 43,000 zone to the RM-3000 zone) subject to the conditions of approval as stated in the staff report dated January 27, 2003. Approved, in part, Waiver of Code Requirement, as follows: Approved waivers pertaining to (a) minimum private street standards based on the recommendation of the Public Works Department that given the size of the development and the length of the street, the proposed street widths are adequate to serve the residences provided that enhanced paving is installed on either side of the private street, and (c) minimum setback adjacent to interior lot lines since the RM-3000 Zone development standards anticipate large multiple-unit buildings rather than individual detached dwelling units designed with setbacks similar to other single-family zone development standards; that similar developments of this type have been granted this waiver in the past; and that the proposed building elevations do not promote visual impacts between the side yards of the neighboring units. Denied waiver (b) pertaining to maximum fence height since it has been deleted from this request. Granted Conditional Use Permit No. 2002-04652 (to construct a 7-unit detached one- ~ family residential condominium subdivision) subject to the conditions of approval as stated in the staff report dated January 27, 2003, with the following modifications: Modified Condition Nos. 1, 16, 24, and 25 to read as follows: 1. That the developer shall plant seven (7) 24-inch box street trees on 30-foot centers in the parkway, fronting ~Aa~elia Lincoln Avenue. Minimum width of parkway/tree wells shall be 60 inches and tree species shall be determined upon the adoption of a new plan by the City's Street Beautification Task Force. Said information shall be shown on plans submitted for building permits. 16. That a final landscape and irrigation plan for subject property shall be submitted to the Zoning Division for review and approval. Said landscape plans shall show minimum 24-inch box size trees, shrubs, groundcover and vines to be planted in layers adjacent to the two screen walls facing Lincoln Avenue, and evergreen trees on maximum 20-foot centers along the north property line. Said plan shall further indicate enhanced paving at the entrance from Lincoln Avenue and along the private street (4 feet in width) in lieu of sidewalks. Any decision made by the Zoning Division regarding said plan may be appealed to the Planning Commission andJor City Council. All trees shall be properly and professionally maintained to ensure mature, healthy growth. 24. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, and 22 a~~-~3, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. • 25. That prior to final building and zoning inspections, Condition Nos. 20, 21, a~ 22 and 23, above-mentioned, shall be complied with. 01-27-03 Page 39 JANUARY 27, 2003 PLANNING COMMISSION MINUTES ~ Added the followin conditions of g approval to read as follows: That the final elevation plans shall be submitted to the Zoning Division for review and approval. Any decision by Zoning Division may be appealed to the Planning Commission as a"Reports and Recommendations" item. That two (2) additional guest parking spaces shall be incorporated into the site plan outside of the required 20-foot landscape setback along Lincoln Avenue. Approved Tentative Tract Map No. 16489 (to establish a one-lot, 7-unit detached residential condominium subdivision) subject to the conditions of approval as stated in the staff report dated January 27, 2003, with the following modifications. Modified Condition No. 6 to read as follows: 6. That prior to final tract map approval, Conditional Use Permit No. 2002-04652 shall be granted and the Recfassification No. 2002-00090 shall be finalized. VOTE: 4-0 (Commissioner Koos absent following Item No. 8, and Commissioners Boydstun and Romero absent) Selma Mann, Assistant City Attorney, presented the 10-day appeal rights for the Tentative Tract Map and the 22-day appeal rights for the Reclassification and Conditional Use Permit. ~ DISCUSSION TIME: 24 minutes 4:03-4:27 ~ ) • 01-27-03 Page 40 JANUARY 27, 2003 PLANNWG COMMISSION MINUTES • 12a. CEQA NEGATIVE DECLARATION Approved 12b. GENERAL PLAN AMENDMENT NO. 2002-00408 Recommended Adoption 12c. RECLASSIFICATION NO. 2002-000$9 of Exhibit "A" to City Counci~ Granted, unconditionally 12d. CEQANEGATIVE DECLARATION Approved 12e. RECLASSIFICATION NO. 2002-00091 Granted, unconditionally 12f. CEQA NEGATIVE DECLARATION Approved Recommended Adoption 12g. GENERAL PLAN AMENDMENT NO. 2002-00409 of Exhibit "A" to City Council 12h. RECLASSIFICATION NO. 2002-00092 Granted, unconditiona~~y 12i. REQUEST FOR CITY COUNCIL REVIEW OF ITEMS (MotiOrl) Recommended City Council 12c, 12e AND 12h Review AREA 1: NO CITY ADDRESS ASSIGNED. Subject area is approximately 8.83- acres consisting of several properties located south of the Riverside (SR- 91) Freeway, north of Houston Street, west of Gilbert Street and is divided by Picadilly Way and Braeburn Street. General Plan Amendment No. 2002-00408 - City-initiated request to amend the Land Use Element of the General Plan to redesignate several properties from the Low Density Residential land use designation to the Low-Medium Density Residential land use designation. Reclassification No. 2002-00089 - City-initiated request for reclassification of the properties to the following zone designations: Portion A- from the County of Orange "Suburban Multifamily Residential" designation to the RS-7200 (Residential, • Single-Family) zone or less intense zone. Portion B- from the County of Orange "Suburban Multifamily Residential" zone designation to the RM-3000 (Residential, Multiple-Family) zone or a less intense zone. AREA 2: CITY ADDRESS ASSIGNED: Subject area is approximately 30.4-acres consisting of several properties located south of Orangethorpe Avenue, north of Miraloma Avenue and divided by Tustin Avenue. Reclassification No. 2002-00091 - City-initiated request for reclassification of the properties to the following zone designations: Portion A- from the County of Orange A1 (General Agricultural) designation to the RS-A-43,000 (Residential/Agricultural) zone. Portion B- from the County of Orange M1 (Light Industrial) zone designation to the ML (Limited Industrial) zone. AREA 3: NO CITY ADDRESS ASSIGNED. Property is approximately 0.19-acre with frontage of 49 feet on the south side of Lincoln Avenue, located 1,280 feet west of the centerline of Brookhurst Street. General Plan Amendment No. 2002-00409 - City-initiated request to amend the Land Use Element of the General Plan to redesignate this property from the General Commercial land use designation to the Low-Medium Density Residential land use designation. Reclassification No. 2002-00092 - City-initiated request for reclassification of the property from the County of Orange C1 (Local Business) zoning designation to the RM-3000 (Residential, Multiple-Family) zone or less intense zone. ~ GENERAL PLAN AMENDMENT NO. 2002-00408 - RESOLUTION NO. PC2003-21 01-27-03 Page 41 JANUARY 27, 2003 PLANNING COMMISSION MINUTES • RECLASSIFICATION NO. 2002-00089 - RESOLUTION NO. PC2003-22 RECLASSIFICATION NO. 2002-00091 - RESOLUTION NO. PC2003-23 GENERAL PLAN AMENDMENT NO. 2002-00409 - RESOLUTION NO. PC2003-24 RECLASSIFICATION NO. 2002-00092 - RESOLUTION NO. PC2003-25 SR8541 AV.DOC Chairperson Sostwick introduced Item No. 12, General Plan Amendment No. 2002-00409, no City- assigned address, a City-initiated request to amend the Land Use Element of the General Plan to redesignate this property from the General Commercial Land Use Designation to the Low-medium Density Residential Land Use Designation. City-initiated request for reclassification of the property from the county of Orange Zoning Designation to the RM-3000 (Residential, Multiple-Family) Zone or less intense zone. THE PUBLIC HEARING WAS CLOSED. Chairperson Bostwick offered: C~ ^ MOTION for CEQA Negative Declaration, Reclassification No. 2002-00089, area (1); seconded by Commissioner Bristol. MOTION CARRIED 4-0. ^ Resolution to approve General Plan Amendment No. 2002-00408. MOTION CARRIED 4-0. ^ Resolution to approve Reclassification No. 2002-00089 (MOTION CARRIED 4-0). ^ CEQA Negative Declaration, portion (B), area (1); seconded by Commissioner Bristol. MOTION CARRIED 4-0. ^ Resolution to approve Reclassification No. 2002-00091. RESOLUTION CARRIED 4-0. ^ MOTION for CEQA Negative Declaration, area (2); MOTION CARRIED 4-0. ^ Resolution to approve General Plan Amendment 2002-00409. RESOLUTION CARRIED 4-0. ^ Resolution to approve Reclassification No. 2002-00092. RESOLUTION CARRIED 4-0. ^ By motion referred all items to the City Council for approval; seconded by Commissioner Bristol. MOTION CARRIED 4-0. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Approved CEQA Negative Declaration for each of the areas proposed for amendment to the General Plan and Reclassification. r~ U Recommended City Council approval of General Plan Amendment No. 2002-00408 (redesignation of Area 1, Portion B from the Low Density Residential land use designation to the Low-Medium Density Residential land use designation) by adopting Exhibit "A". 01-27-03 Page 42 JANUARY 27, 2003 PLANNING COMMISSION MINUTES • Granted Reclassification No. 2002-00089 (to reclassify Area 1, Portion A from the County "Suburban Multifamily Residential" to the City of Anaheim RS-7200 zone; and Portion B from the County "Suburban Multifamily Residential" to the City of Anaheim RM-3000 zone) unconditionally. Granted Reclassification No. 2002-00091 (to reclassify Area 2, Portion A from the County A1 "General Agricultural zone to the City of Anaheim RS-A-43,000 zone; and Portion B from the County M1 "Light Industrial" zone to the City of Anaheim ML zone) unconditionally. Recommended City Council approval of General Plan Amendment No. 2002-00409 (redesignation of Area 3 from the General Commercial land use designation to the Low- Medium Density Residential land use designation) by adopting Exhibit "A". Granted Reclassification No. 2002-00092 (to reclassify Area 3 from the County C1 "Local Business" zone to the City of Anaheim RM-3000 (BCC) zone) unconditionally. Recommended City Council consideration of the reclassifications in conjunction with City Council's mandatory review of the general plan amendments. VOTE: 4-0 (Commissioner Koos absent following Item No. 8, and Commissioners Boydstun and Romero absent) Selma Mann, Assistant City Attorney, stated this item would be set for a public hearing before the City Council. ~ DISCUSSION TIME: 4 minutes (4:28-4:32) MEETING ADJOURNED AT 4:35 P.M. TO MONDAY, FEBRUARY 3, 2003 AT 11:00 A.M. FOR A MOBILE WORKSHOP PERTAINING TO INFILL HOUSING PRODUCT TYPES. • Res tfully submitted: ~~~2~~~~._-- Pat Cha er, Senior Secretary Received and approved by the Planning Commission on , 2003. 01-27-03 Page 43