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Minutes-PC 2003/02/10• • • CITY OF ANAHEIM PLANNING COMMISSION MINUTES FEBRUARY 10, 2003 Council Chambers, City Hall 200 South Anaheim Boulevard, Anaheim, California ~~ ~ ~ ~ ~~~ ~AI`'~ ~~~0 ~P~A O IC~ COMMISSIONERS PRESENT: S 4~,'~~~JI~~ ~E~BF~ ~J.~, GAIL EASTMAN, ~ `,S~~AU~A R~~ , ~E .~, . DERBILT ~;`,~ ~ ~ ,~~ COMMISSIONERS ABSEl~~T: ~ E ~ ~ "~~~ `~ ~ ~ ~ ~~~ , E~y'~~ ~~~~~~ ~ ~~ STAFF PRESENT: '~ ~~ ~~ ~~ ~> ~ ~ ~ ,~ ~ ~~ Selma Mann, Assista ~'ty A~~~ Alfred Yalda, Princ~~aP ~~sport'~on Planner Greg Hastings, Zonir~ Q i~ ~na ~r ~aes~L~ng, Associat, C i~ ~~igi ~~r Greg McCafferty, Pri i P~^ r~ne~~ ~`" Sc~,t~K~e m,~ A~~ tan ~~; rler ~ Cheryl Flores, Senio I~nner~ ~ ~ ~~b,~,. ~~nd '~"~'~~i~r~e~ et~ ""~~ ~ Linda Johnson Prin i a ~ ~~"~ ~ ~ ~ `~ ~ ~~ ~ , p~~rln~~ ~ ~~ Dar~~° r Prd e ~ perator ~ ~`" ~ ~ ~~ ' ~ ~~ ~ ~;3 ' ~J 4 ~ ~~ . ~` /xs ~9w,u°s,.~'~~~/, ~' ~'',~• 1a ~ ~~ ~~ ~'~ AGENDA POSTING: ~com e a~~t~c~G~or~~ t~~ ~~r~~v~~~postec~~t 9:30 a.m, on w . ,~ ~"' x k . ~~~~' ~" ~ t Friday, February 7, 200~~~, ins,id ~, i_, la , ~~~~~~j~~~ ~~~#he~C t~~~il ~.ha~rfbers, and also in the a;'~ ~ •~- ,~ v S d si ~, ~~ ~ r outside display kiosk. '~ ~=~~~~`~~~~ ~ -~ ~ ~~ ~~~ ~ ~ ~ ~~un~ ~ ~~ ~. ~ ~ ~ ~ ~~~ ~~r PUBLISHED: Anaheim ~etin Ne~r~p per o~_ d~ , Jan a,~~~ ~ ,:~' ~ ~ ~~~ s ~ ', ti ~~~ ~ ~~ ~ ~~ . ~~ ~ CALL TO ORDER ~~~- ~ ~° ~ ~-~ , PLANNING COMMI ~~N ;:S~~~C'~;N 1 ~OO;~~i~1~~ • STAFF UPDATE TO ~~V ~F ~fi~ ~ JOt~~~1"TY DEVELOPMENTS AND IS ~ ' •- ~~7ED BY PLANNING COMMISSION) • PRELIMINARY PLAN REVIEW FOR ITEMS ON THE FEBRUARY 10, 2003 AGENDA 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 Bostwick PUBLIC COMMENTS CONSENT CALENDAR PUBLIC HEARING ITEMS ADJOURNMENT H:\DOCS\CLERICAL\MINUTES/AC021003.DOC lannin commission anaheim.net FEBRUARY 10, 2003 PLANNING COMMISSION MINUTES • RECONVENE TO PUBLIC HEARING AT 1:30 P.M. PUBLIC COMMENTS: 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. Amin David, 1585 W. Broadway, Anaheim, CA, states it is his understanding that everyone comes to the Planning Commission Meeting with an open mind, and since Ms. Eastman signed a petition denying an item, he would like a ruling as to whether or not she could vote on the item. Commissioner Eastman stated abstention from the item. CONSENT CALENDAR: Item 1-A through 1-B on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Commissioner Bostwick offered a motion, seconded by Commissioner Koos and MOTION CARRIED, for approval of Consent Calendar Item (1-B) as recommended by staff. Consent Calendar Item (1-A) was 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. Continued from the January 27, 2003 Planning Commission meeting (This item was removed from the Consent Calendar for separate discussion.) Concurred with staff Recommended to City Council review and approval of draft Ordinance CEQA (Vote: 6-1, Commissioner Koos voted no) ZCA: (Vote: 5-2, Commissioner Koos and Vanderbilt voted no) SR8546CF.DOC Cheryl Flores, Senior Planner, states Item No. 1-A pertains to an amendment to the parking code for single-family parking. The proposed draft amendment would require four parking spaces; two (2) in the garage and two (2) in the driveway for up to six (6) bedrooms. For seven or more, the homeowner would be required to add one additional space per bedroom over six (6). She attempted to contact three (3) cities at the request of Commission, Santa Ana, Long Beach and Los Angeles to determine their parking • requirements. Santa Ana and Long Beach afl require four (4) spaces, with two (2) in the garage. 02-10-03 Page 2 FEBRUARY 10, 2003 PLANNING COMMISSION MINUTES • Commissioner Koos expressed concern with the definition of bedrooms, given the way some houses are currently bui(f. He feeis if someone wanted to add on they may not be able to fit it in with the City of Anaheim's definition and therefore, he is not entirely comfortable with the definition in that it may penalize property owners who are just doing the right thing and adding an entertainment room, etc. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. ACTION: Commissioner Bristol offered a motion, seconded by Commissioner Eastman and MOTlON CARRIED (Commissioner Koos voted no), that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falls within the definition of CEQA Exemption Section 15061(b)(3), as defined in the California Environmental Quality Act (CEQA) Guidelines and is, therefore, exempt from the requirements to prepare additional environmental documentation. Commissioner Bristol offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioner Koos and Vanderbilt voted no), that the Anaheim City Planning Commission does hereby recommend to the City Council approval of the attached draft Ordinance pertaining to amendment of parking requirements in single-family residential zones resulting in the following: 1. Re-defines "bedroom" to facilitate interpretation of the code. 2. Decreases parking requirements for homes with up to 6 total bedrooms, by amending the code to require a total of 4 spaces [2 garage spaces and 2 open spaces] instead of the current requirement for 6 total spaces [3 garage spaces and 3 open spaces] for 5 or more bedrooms. 3. Clarifies requirements for homes with 7 or more bedrooms. • DISCUSSION: 6 minutes (1:47-1:53) • 02-10-03 Page 3 FEBRUARY 10, 2003 PLANNING COMMISSION MINUTES • B. Receiving and approving the Minutes from the Planning Commission Meetings of January 27, 2003. (Motion) ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Koos and MOTION CARRIED, that the Anaheim City Planning Commission does hereby receive and approve the minutes for the Planning Commission meeting of January 27, 2003. • • Approved (Vote: 7-0) 02-10-03 Page 4 FEBRUARY 10, 2003 PLANNING COMMISSION MINUTES • P BLI HEARING ITEM • 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 and January 27, 2003, Planning Commission meetings. CONDITIONAL USE PERMIT RESOLUTION NO. Continued to March 10, 2003 SR8550VN.doc • Chairperson Bostwick introduced Item No. 2 as Conditional Use Permit No. 2002-04631, 314 North Claudina Street - Salvation Army, a request to permit an accessory multi-use sports court in conjunction with an existing church, with waivers of: a) setback for institutional uses adjacent to a residential zone and b) maximum fence height. Commissioner Eastman announced abstention from Item No. 2. ApplicanYs Testimony: Richard Davenport, 10200 Pioneer Road, Tustin, CA, states nearly half of all California children live with a single working parent or two parents who both work. Over 1 million children under the age of 15 come home to an empty house. This situation creates a danger zone for children and communities between 3 p.m. and 6 p.m. Studies show that children in after-school programs get higher grades, improve standardized test scores, adequately removes the participation of gangs, reduces stealing by two-thirds, and reduces violent crimes by one-half. Police statistics confirm that neighborhoods with after-school programs are safer places for children and adults as well. The Salvation Army has long been in the forefront of providing these types of services, with a 100-year track record in the state of California, and a 35-year track record at the subject Cypress Street location. Each school day in the City of Anaheim, over 250 children come through the doors of the Salvation Army. Many of the children are met at the schools by Salvation Army staff and escorted directly to the facility. Once they arrive, they are sent to homework areas where their work and their lessons are undertaken for the next day. The staff provides them with help and tutoring, if necessary, to keep them current in their studies. Once their homework is complete, they can choose from a number of various activities, such as table games, pool, ping pong, movies and videos suitable for their age groups or quiet activities such as • checkers and chess, arts and crafts and even recreational sports such as basketball and soccer. They are also provided with opportunities for swimming, swimming lessons, dance lessons and field trips through the North Street location, with transportation from the Cypress Street location. The Cypress Street location sponsors a soccer team, with 16 young men learning to play soccer and who are very 02-10-03 Page 5 FEBRUARY 10, 2003 PLANNING COMMISSION MINUTES • successful. The Salvation Army provides the uniforms and entrance fees. The team plays in City leagues where they won the championship the few years running. The cost is $25.00 per year, but if they cannot afford that amount because of their economic status, it is offered for free. That is the case for almost 100% of the children attending our Cypress Street location. The Salvation Army has made a sizeable investment in the City of Anaheim. Every year, just in the City of Anaheim alone, they pay out in staff wages, building maintenance, upkeep and equipment replacement better than $1,000,000. This is accomplished through the generous donations and support of friends, grants and trust of major corporations. A few years back a neighbor who lived in back of the Cypress Street location willed his property when he passed away, which is the subject property. Currently, at the Cypress Street location, the children are using an area for their outside activities that is a courtyard enclosed on three sides with large wooden post set on concrete bases. The area is approximately 25 feet square and the concrete surface is uneven. The area was not designed for this type of use but it is the only place available for hard surface ball activities. Approximately 2%2 years ago, the Salvation Army began the City approval process to convert the vacant lot into a sports court for City children to play on. Working closely with City staff, petitions were circulated to gain the necessary support including that of their closest neighbors. During the past two years, the Salvation Army has re- circulated petitions, revised the plans three times, postponed the Planning Commission meeting twice, and held community meetings, all in an effort to work with City staff and to meet the needs of the neighbors. The Salvation Army has also agreed to every condition and recommendation that staff has made. Some of which they feel are far more restrictive than the City uses in its own public parks. Just to mention a few of the conditions: • 1) Designed the front wall of the corridor along Claudina Street to be fully landscaped including creeping fig vines, which will eventually cover the entire wall so they cannot be used as a graffiti art board. 2) Inside, also includes creeping fig vines, but in this case it is used for a sound barrier and a buffer to keep the noise from bouncing off the hard surface walls. 3) Access to the court is restricted to coming through the front gate of the existing property, and then through a lockable gate that will be installed in an existing block wall. This prevents any outsiders from using the court in unauthorized times and ways, excepf if they scaled the 8-foot wall. The Salvation Army feels it has planned an excellent project, one that meets the needs of the children in the community, and one that has also addressed the concerns of the neighbors. They ask for Commission's support and favorable vote of the much-needed project. Lee Lescano, 10200 Pioneer Road, Tustin, CA, County Coordinator for the Salvation Army, states the Salvation Army has extensive experience in operating these type programs in working with the neighborhood and managing the children, but what is hard to calculate is the cost of the neighborhood if the Salvation Army were not there. Public Testimony: Michael P. VerLenti, 511 N. Clementine, Street, states for 29 years, up until April of last year, he owned the property at 202 E. Adele St. just north of the project site. From his personal experience he has never heard of any complaints and never had any complaints concerning the Salvation Army and its activity. Long time renters in the property just south of him and just north of the lot, have signed a petition saying they do not object to the project and gives it their wholehearted support. The demographics of the area; • is largely low-income Hispanic. So, the Salvation Army is fulfiffing a desperate need in that area. The need for the youth of the area to have a recreational activity place that is wholesome and supervised. 02-10-03 Page 6 FEBRUARY 10, 2003 PLANNING COMMISSION MINUTES ~ He lives close by Pearson Park where the sounds from the park come over to his house, and people living close by St. Boniface Church and St. Catherine's Military School have to address sounds coming from that area. He feels to characterize the children playing in the area as noise, is really doing a disservice to everyone. It is a very wholesome activity and a very needed activity. He asks wholeheartedly that Commission give their support. Amin David, 1585 W. Broadway, Anaheim, CA, states the Salvation Army has been an organization worthy of praise. There has not been one time his program has ever sent over to them for assistance, whether for food, referral, etc., have they denied it. He was very much taken in a positive way when he went over to the Salvation Army and watched the children playing in their own Salvation Army property and not out in the street. It is a good project and a lot more Salvation Army type programs should be there. Bill Taormina, 128 W. Sycamore St., states his property is located at 320 N. Claudina, directly across the street from the Salvation Army location and he, along with the entire neighborhood, care deeply about the youth. They are the future of the City of Anaheim and all the things they are doing should be applauded. The neighborhood also understands they provide an excellent alternative for the City youth. However, they also deeply care about their neighborhood and their ability to have quiet enjoyment of their homes on thei~ property. Before the Salvation Army was there, the property was a vacant property slated to be a home. The gentleman passed away and gave property that would have otherwise been a home site. So, whatever is used there should be compatible to residential. He asks that Commission consider a sports court be installed there and built to be compatible with a residential neighborhood. Currently the concerns are all about the fact that it is an adjoining use to the existing building, but it also needs to be compatible with the neighborhood. He suggests the following conditions: ~ 1) That a soft-surface sports court over the top of the concrete be added to absorb sound on a horizontal plane (a sports court is a plastic material when you fall on it absorbs the shock; similar to indoor-outdoor carpeting). 2) Install sound deadening panels on the vertical surfaces, which would be the northern wall of the existing Salvation Army, and is the southern property line of the property. 3) Install a 10-foot high block wall on the north property line of the property and on that block wall install sound deadening panels. 4) In front of all walls on the site, put tall Cypress trees or other growth that in addition to the tvy that has been suggested that will additionally help to absorb sound. He states the entrances, design, architectural, are all wonderful and the Salvation Army has been more than willing to do the right thing. He supports the sport court if it can be built where the sound does not transmit outside the area. Barbara Gonzalez, 330 S. Ohio St., states she also attended the meeting held by the Salvation Army and spoke with Mr. Davenport. She questions the fact that the property at one time did have a house on it and did serve somewhat as a buffer for the noise that does transmit. At the meeting it was interesting that even with the doors closed there was transmission of noise. She feels that will always happen when there is a facility of this nature that is close to single-family residential houses. After the meeting she spoke with the parents of children that take advantage of the facilities and was surprised to find out that they did not live in the surrounding neighborhood. They were being transported from a school to the facility to take advantage of the activities. At the same time, they were also not familiar with the community center. She asked would it be possible for the Salvation Army to provide staff that could • accompany the older children that would use the sports facility of this nature to the Community Center, which is just three to four minutes away, and perhaps in that fashion, utilize the facility that is already provided. They were not comfortable with that because they wanted to have their children nearby and all 02-10-03 Page 7 FEBRUARY 10, 2003 PLANNING COMMISSION MINUTES • at the same facility. She feels that needs to be questioned, because single-family residential zoning is inconsistent with a sports court for that use. Deference needs to be given to the people that own single- family residences, duplexes and investment property in that surrounding area and take into consideration their peace and quality of life, as well as the children that are utilizing the facilities. Sally Horton, 226 N. Claudina St., directly south of the Salvation Army on Cypress and Claudina Streets, states she used to think that the Salvation Army was a great entity as well, until she lived next door to them for 17 years. She has come to the conclusion that they are completely unaware of where their location is and that they are in a neighborhood, which has strived over the last 17 years to improve the properties surrounding that area and to bring in people who will take personal pride in living there. For the most part they have succeeded, but there is not a day that goes by that they do not worry about what the Salvation Army or any other businesses in that area will come up with that the neighborhood is going to have to fight against. She states in the last 17 years, the Salvation Army has had many things going on and they never care about what is going on outside their four walls. For instance, they decided to feed 1,500 homeless people. That sounds like an awesome idea, except when they decide to feed homeless adults, they give them the food and shove them out onto the streets with their dogs and sundry items and when they have left it looks like a dumpsite. The community got over that and worked it out and now it is just the church, and that is all well and good, except that the music goes on until 10-11:00 p.m. and different and sundry things go on during the day. Although the Salvation Army may have the idea that it will all stop at dusk, they do not police or request that anybody really go home at dusk or that the noise stop or that any of the debris be picked up. Andrew Bartel, 206 E. Adele Street, Anaheim, CA, states he was rather upset when he received a postcard from Planning Department which was his first knowledge of the basketball court going in. He ~ and his wife live directly north of the site and their view from their backyard is solely of the Salvation Army. It is not just a little loud and not friendly loud; it is loud and disrupts their lives daily. He has tried to speak with people at the Salvation Army and have never received any comments or changes on their part regarding the noise issue. His wife has a home office, which faces the Salvation Army facility. She hears them all day long playing basketball and often late into the night they are still playing basketball. He feels that a sports court moved closer to their home with no additional soundproofing would impact them even more. Dinah Torgerson, 216 N. Claudina St., Anaheim, CA, lives three (3) houses directly from the Salvation Army facility. She feels the project is not in the best interest of the neighborhood. They have worked hard for the last 23 years to improve the neighborhood and feel they have been successful in large part in conjunction with the City's help. She feels variances are many times not the way to go. The Salvation Army has been there for 35 years on a Conditional Use Permit that if requested today, would not be successful. She does not feel it is compatible with the surrounding neighborhood. She concurs with Ms. Gonzalez, there is a community center within two blocks of the Salvation Army and a beautiful park directly behind it. Dr. William H. Koon, 412 N. Janss Street, a resident of the downtown area for 30 years, now known as the Colony. He opposes the expansion because it will deteriorate the neighborhood. It is a very delicate neighborhood and could go either way, as they have watched neighborhoods go down in the Colony area and go up again. This would happen because of the added noise, the foot traffic, the traffic itself and most importantly a lost of privacy to the neighbors. They would also be losing forever, a building lot, which is zoned for a single-family residence. He is a firm supporter of the Salvation Army and gave the organization a large gift approximately five years ago. But he does not feel the Salvation Army is appropriate for the zoning. Noise was so loud when he attended the meeting held by the Salvation Army that whenever the doors were opened they had to stop the meeting. Strict zoning guidelines should be maintained. • Michelle Lieberman, 319 N. Harbor Boulevard, Anaheim, CA, concurs with Dr. Koon. She also sends an annual check to the Salvation Army and believes they are an outstanding organization. However, at the 02-10-03 Page 8 FEBRUARY 10, 2003 PLANNING COMMISSION MINUTES • particular location, and speaking with the neighbors and going to the meeting the Salvation Army held, she was very surprised at the amount of hostility that the neighbors had towards the site. Over the years, they have dealt with trash, noise and parking issues that have never being resolved. She does not feel it is an appropriate use for the middle of a residential neighborhood. She would think that the high noise element pertaining to a sports court would make the City want to increase required setbacks and not decrease them. She asks Commission deny granting the waivers. Dean McCleskey, 817 N. Lemon St., states he has resided at his home for 9 years and recently he bought a building on 225 S. Harbor and moved his advertising agency there. He invested in the downtown area because he liked what the City of Anaheim was doing in the Historic Colony and all the efForts being made with Washington Park and Walnut Park. He feels most of the problems they have in the area are from previous variances to zoning and does not feel it is appropriate to compound other errors with another one. Irv Pickler, 2377 Mall Avenue, Anaheim, CA, states he has watched the City of Anaheim grow from his residence where he has lived for approximately 48 years. He concurs with Mr. Taormina, conditions can all be placed on a site to maintain it. He has been fortunate enough to work with the Salvation Army for many years and feels the City needs after-school programs more than ever. With the State budget in the condition it is in and schools hurting financially, there needs to be a place to keep the children playing, whether it is 2:00 or 3:00 until dusk. If not, the children will be on the streets, playing in his backyard and everyone else's backyards. He feels the Salvation Army is a good organization and the Conditional Use Permit fits in perfectly with what the Salvation Army and Church has been doing over the years. Applicant's Rebuttal: Richard Davenport applauds Mr. Taormina because it is the first suggestion that he actually heard of . concrete improvements, something they have been looking for with City staff and with people for quite sometime. The following is in response to suggestions to eliminate the project: ^ The presence of graffiti in the area simply serves to add to the need that the Salvation Army is trying to solve in the area. The Salvation Army does not bring a bad element into the area they take it out. They are training children to be good citizens and are not encouraging them to play on the streets, but are giving them a safe, controlled area in which to play. ^ In reference to Mr. Bartel stating he was never contacfed until recently. The Salvation Army circulated the first petition in 2002. Beth Short, who was the homeowner that sold the house to Mr. Bartel, signed the petition. So, the reason he has not been contacted is because he has not lived in the area long enough. ^ In response to children playing all day long, the Salvation Army does not run a program all day long. A program is run after school from 2 to 6 p.m. Noise being heard of children playing any hours before 2:00 is from some other agency or organization. ^ The program is not an expansion of programs. The Salvation Army has been operating the program for over ten years in the exact location, and what they are asking for is a safe area for chifdren to play. Currently that is not available for outdoor games. ^ The Salvation Army makes the children do their homework and do quiet games, but there is a time during the day when they want to go out and expend energy. ^ He produced the sound pressure levels for the area City regulations taken from the Internet and also a sound tester, which agrees to every standard that the City requires. ~ He suggests to Commission that they are not really dealing with sound issues, graffiti, trash, etc., but what they are dealing with is change, and change brings about fear. They do not deny that children make noise, but they are going to make noise, either in their property under their direction and supervision or 02-10-03 Page 9 FEBRUARY 10, 2003 PLANNtNG COMMISSION MINUTES • they are going to make it out in the streets where every pusher, pimp, and drug dealer will have direct access to them. He suggests if the people of the area really want to improve their property and they really want to see it become a good community, they need to rethink their position on the children in their neighborhood and who are the people willing to put up their resources and their dollars to protect their children in their community. THE PUBLIC HEARING WAS CLOSED. Commissioner Koos stafes for the public record that he spoke to Mr. Bartel and Mr. David prior to the meeting on separate incidents about the merits of the project. He asked Mr. Davenport to explain what currently goes on in terms of outdoor activity and the nature of the program with the children, since a lot of the correspondence and testimonies are based largely on the existing noise. Mr. Davenport states at that location, they have from 35 to 40 students that come after school on every school day: ^ They do a process of homework and games. ^ There is an indoor game room. ^ Six state of the art computers. ^ Outside activities for approximately 1-2 hours (They have to do their homework before they can p~aY)• ^ Their parents pick them up between 6-6:30 p.m. ^ The program ends. However, they do run a night program two nights a week on Tuesdays and Fridays. That program is more for the older children, the ones that play on the soccer team. They have about an hour or 15-45 ~ minutes worth of play activity. They go in for a meeting and sometimes if the meeting lets out early they are allowed to play again in the evening before they go home. Currently, there are no conditions against this and they can play up to 10 p.m. They agreed to close the court off at 8:00 or dusk, which is an even greater restriction on them. The children would have to change that schedule and would only be able to play before 8 p.m. and then go inside for their meeting and leave. Commissioner Koos asked if he would expect any outdoor activity on the existing site. Mr. Davenport responded possibly, but would still include the two nights a week because they have to provide something that would draw children to the site. Otherwise, the gangs are more encouraging than they are. Commissioner Koos asked how would he react to Mr. Taormina's suggestion of a soft court surface. Mr. Davenport responded they would be more than happy to look at all of his suggestions. He made some excellent ones. They would have to look at the cost factor because the Salvation Army does not borrow money, and do not build anything they cannot afford to build. Chairperson Bostwick asked if the students were transported in from other locations other than the immediate surrounding neighborhood. Mr. Davenport responded no, the daycare comes from local schools. The Salvation Army has a much larger facility on North Street and if they were going to bus children around the County, they would bus them to there. The North Street facility has a swimming pool, a full court-inside gym, a weight lifting room, indoor track, etc. Chairperson Bostwick concurs with Commissioner Koos that a lot of the problems come from the existing • or present conditions going on. He asked concerning the complaints about loud music, how he would deal with that. 02-10-03 Page 10 FEBRUARY 10, 2003 PLANNING COMMISSION MINUTES • Mr. Davenport responded the City Ordinance already deals with loud music. He does not go to that site all the time, he deals with the entire County, but there are no citations on the Police records for loud music or anything else at the site. Chairperson Bostwick asked if he had an Officer from that site present that could address the issue. Mr. Davenport responded yes, however the Officer just moved into that site. The previous pastor of 10 years was recently transferred to East Los Angeles. Salvador Gonzalez, states he has been in the area for three days. However regarding the noise, he feels it is not as much as in other areas he has been in and no one has ever complained about them. He was there last Thursday and Friday and feels the noise is not too bad. Commissioner Boydstun asked Mr. Davenport the total of the sound meter. Mr. Davenport responded: ^ On the playground of Washington Park where 6 children were playing on the swings, the meter read 57 decibels. ^ At Anaheim Boulevard and Cypress Street, it totaled 72 decibels just standing there reading the traffic. ^ At 210 N. Claudina Street, which is the street south of the Salvation Army, just standing on the sidewalk, 56 decibels. • ^ On the sidewalk in front of Mr. Bartel's house, at 206 Adele, 52 decibels. ^ At the corner of Adele and Emily, 62 decibels. ^ If a car passes by while you are reading the decibels on the meter, it boosts to 70 decibels. A single car driving down the street is putting out more decibels than what the children are doing on the Salvation Army lot. Commissioner Vanderbilt states he lives close to the property and travels along Cypress Street frequently, both by foot and by car, and has observed the facility for the past 10 years very closely. There is a lot of mitigation being done by the Salvation Army, and one that occurred to him as he was driving pass the Anaheim Police Protective League Sport Center on Broadway and Olive Street, which also conduct after-school activities, is that one of the controls they use on their basketball court after hours is to take a traffic cone and block the basket to prevent anyone from using the basketball court. In terms of the mitigations mentioned by Mr. Taormina, he feels those are excellent ideas. He asked if there are any potential steps that come to mind in terms of taking the suggestions a step further. Mr. Davenport responds the project has been going on for 2%2 years and they are more than happy to sit down to talk to Mr. Taormina about his ideas for the wall. Commissioner Boydstun asked if there is enough room to have landscaping installed to make it a buffer for the homes. Mr. Davenport responds they have done some of the suggestions Mr. Taormina has made. There are trees inside the project, which was recommended by staff and there are also vines there to mitigate some of the noise. • Commissioner Boydstun states she was thinking of something taller. Mr. Davenport responds they could go with Cypress trees. They grow fast and tall. 02-10-03 Page 11 FEBRUARY 10, 2003 PLANNING COMMISSION MINUTES • Commissioner Koos states the lans show that the p court goes right up to the wall. Mr. Davenport responds yes, and they could not do anything in that regard because if they were to move the property line in 6 feet, the neighbors would still have to maintain their property line so they would still have a fence. That would create a 6 foot or 15 foot area that would be almost impossible to maintain by either party because there would be a fence on either side. Commissioner Bristol states a very narrow court next to walls could cause a potential accident. Commissioner Boydstun asked if the lot was approximately 55 feet wide. Mr. Davenport responded 52 feet. Commissioner Boydstun asked how wide should courts in that area be. Mr. Davenport responded they are looking for a place for children to play and shoot a few baskets; it is not going to be a gaming court where you bring in teams and have team play. Commissioner Bristol states regarding the noise and the neighbors across the street: ^ He has not heard anything indicating he has had time to sit and meet with the residents to discuss the issue. ^ He concurs there has got to be a place for children. If there is a way of mitigating it so that it does not impact the residents. ! ^ Regarding the zoning, he concurs the best land use for the site is probably a house, but the reality is there is an organization unselfish enough not to think of the dollars but to try and do something for the benefit of the children. ^ He suggested a continuance so that they could meet with the neighbors and see if they can answer some of the concerns regarding the noise that is at the church now and also maybe to lessen the noise from inside the court. Chairperson Bostwick states when George Washington Park had the Community Center on it there were basketball courts that were lighted and they created a neighborhood problem. He feels some of that is repercussion of that because there was not supervision all the time on it. However, the subject project would be a controlled area under supervision. Commissioner Koos states in regards to the design, he is not sure if the Salvation Army is married to the idea of an end to end court, but if they are just looking for a place to have half court basketball or hoops, they could perhaps have two (2) hoops on the south property line instead of a full court. He is not comfortable with a 10- foot block wall, and feels some of the other suggestions need to be explored. Chairperson Bostwick states he lives right next to a freeway wall and it does not do anything for sound. Trees and bushes are much better for sound deadening than any wall they could put up. Commissioner Romero verified it would be possible for any neighbor to put up a stand-alone basketball court at any house and play basketball. He encouraged the neighbors to try to work with Mr. Davenport to see how things could be worked out. Following the action: • Chairperson Bostwick announced there would not be any other notices mailed. 02-10-03 Page 12 FEBRUARY 10, 2003 PLANNING COMMISSION MINUTES • FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: 7 people spoke in opposition to the subject request. A petition was received with 66 signatures in opposition, prior to the meeting. IN SUPPORT: 4 people spoke in favor of the subject request (one person indicated in favor, but relayed some suggestions). A letter was submitted in support of the subject request. Prior to the meeting, 5 letters were received in support and a petition was received with 34 signatures in support. OPPOSITION/ IN SUPPORT: "Sign-in sheet" (community meeting that was held) was received indicating 27 people in favor and 12 people in opposition. ACTION: Commissioner Koos offered a motion, seconded by Commissioner Bristol and MOTION CARR(ED (Commissioner Eastman abstained), to continue the subject request to the March 10, 2003, Planning Commission meeting in order for the applicant to meet with the neighbors to address concerns raised at today's meeting. VOTE: 6-0 (Commissioner Eastman abstained) ~ ~~ ~ DISCUSSION TIME: 1 hour and 10 minutes (1:54-3:04) 02-10-03 Page 13 FEBRUARY 10, 2003 PLANNING COMMISSION MINUTES • 3a. CEQA NEGATIVE DECLARATION A roved PP 3b. GENERAL PLAN AMENDMENT NO. 2002-00406 Recommended Adoption of 3c. RECLASSIFICATION NO 2002-00085 Exhibit "A" to City Council 3d. . WAIVER OF CODE RE UIREMENT Granted Approved, in part 3e. CONDITIONAL USE PERMIT NO. 2002-04635 Granted 3f. TENTATIVE TRACT MAP NO. 16465 Approved 3g. REQUEST_FOR CITY COUNCIL REVIEW OF ITEMS 3c. 3d, 3e Recommended Ciry Council AND 3f Review OWNER: Toura #2, 3927 Barranca Parkway, J-425, Irvine, CA 92606 AGENT: Mahmoud Bdaiwi, 4000 Barranca Parkway, Suite 250, Irvine, CA 92604 LOCATION: 1597 West Katella Avenue. Property is approximately 1.07 acres with a frontage of 150 feet on the north side of Katella Avenue located 160 feet east of the centerline of Carnelian Street. GENERAL PLAN AMENDMENT NO. 2002-00406 - To amend the Land Use Element of the General Plan redesignating the property from the Commercial Professional designation to the Low-Medium Density Residential designation. RECLASSIFICATION NO. 2002-00085 - Request reclassification of the ~ subject property from the RS-10,000 (Residential, Single-Family) zone to the RM-2,400 (Residential, Multiple-Family) zone, or a less intense zone. CONDITIONAL USE PERMIT NO. 2002-04635 - To construct a 16-unit attached residential condominium subdivision with waivers of: a) minimum private street standards, b) minimum number of required parking spaces, c) maximum structural height within 150 feet of a single-family residential zone, (d) maximum site coverage, (e) minimum landscape setback abutting a single-family residential development and (f) minimum required recreational leisure area,* *Waivers (a), (b), (d) and (fl have been deleted. TENTATIVE TRACT MAP NO. 16465 - To establish a 1-lot, 16-unit attached residential airspace condominium subdivision. Continued from the January 13, 2003 Planning Commission meeting. GENERAL PLAN AMENDMENT RESOLUTION NO. PC2003-26 RECLASSIFICATION RESOLUTION NO. PC2003-27 CONDITIONAL USE PERMIT RESOLUTION NO. PC2003-28 SR1109CW.DOC Chairperson Bostwick introduced Item No. 3 as Conditional Use Permit No. 2002- 04635 - to construct a 16-unit attached residential condominium subdivision with waivers of: (a) minimum private street ~ standards, (b) minimum number of required parking spaces, (c) maximum structu ral height within 150 feet 02-10-03 Page 14 FEBRUARY 10, 2003 PLANNING COMMISSION MINUTES ~ of a single-family residential zone, (d) maximum site coverage, (e) minimum landscape setback abutting single-family residential development and (f) minimum required recreational leisure area. Applicant's Testimony: Donna Chessen of Chessen and Associates, located in Laguna Woods, acting as an agent for Taura L. L. C., requesting the Amendment Land Use Element and a Conditional Use Permit on a 1-acre parcel located at 1597 West Katella Avenue. She states they are glad that they had the continuance because it gave them a whole new look at the property. Some things that seemed wrong at the beginning turned out to be the best at the end. They believe their new plan is a more livable plan for the City, for the developer, and for the new residents. ~ ^ They have eliminated four (4) of the six (6) waivers. ^ They have created more open space, actually above the open space asked for. ^ They have met code on parking. ^ They have separated the units, having four on each side, with a private street down the middle. ^ They have designed landscaping pockets between the units to buffer the units from the pavement. ^ The units are now designed into four smaller and less dense buildings. ^ They are under the allowed amount of units allowed on the property, that being 19 and they are only requesting 16 by code. ^ They are aware that staff if recommending continuation to eliminate the family room above the covered carports. However, they believe that it would create too small of a unit for them and for those interested in buying new homes and would not be desirable. ^ Designing the carports in this manner has actually improved the look of the site. It has been taken out of viewpoint and put next to the residential. It is a tremendous improvement for those driving in and for those living in the area. THE PUBLIC HEARING WAS CLOSED. ~ FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. I OPPOSITION: None ACTION: Approved CEQA Negative Declaration Recommended City Council approval of General Plan Amendment No. 2002-00406 (to redesignate this property from the Commercial Professional designation to the Low- Medium Densify Residential designation) by adopting Exhibit "A". Granted Reclassification No. 2002-00085 (to reclassify this property from the RS-10,000 [Residential, Single-Family] zone to the RM-2400 [Residential, Multiple-Family] zone) subject to the conditions of approval as stated in the staff report dated February 10, 2003. Approved, in part, Waiver of Code Requirement, as follows: Denied waivers pertaining to (a) minimum private street standard, (b) minimum number of required parking spaces, (d) maximum site coverage and (~ minimum required recreational leisure area since the revised plans have eliminated the need for these waivers. ~ Approved waivers pertaining to (c) maximum structural height within 150 feet of a single- family residential zone and (e) minimum landscape setback abutting a single-family residential development based on the special circumstances of this property due to its 02-10-03 Page 15 FEBRUARY 10, 2003 PLANNING COMMISSION MINUTES • location being surrounded on two sides by single-family residential zones and the long, narrow shape of the lot making compliance with these Code standards difficult. Granted Conditional Use Permit No. 2002-04635 (to construct a 16-unit attached residential condominium subdivision) subject to the conditions of approval as stated in the staff report dated February 10, 2003, with the following modifications: Modified Condition No. 22 to read as follows: 22. That final precise floor plans and final precise elevation plans shall be submitted to the Zoning Division for review and approval. pa~l~i~-s~ase~ Said elevation plan shall show additional architectural enhancements incorporated into the project. Any decision by the Zoning Division may be appealed to the Planning Commission as a Reports and Recommendations item. Approved Tentative Tract Map No. 16465 (to establish a 1-lot, 16-unit attached condominium subdivision) subject to the conditions of approval as stated in the staff report dated February 10, 2003. Recommended City Council consideration of the Reclassification, Waiver of Code Requirement, Conditional Use Permit and Tentative Tract Map in conjunction with City Council's mandatory review of General Plan Amendment No. 2002-00406 VOTE: 7-0 ~ Selma Mann, Assistant City Attorney, stated this item would be set for a public hearing before the City Council. DISCUSSION TIME: 3:05-3:12 (7 minutes) \ J 02-10-03 Page 16 FEBRUARY 10, 2003 PLANNING COMMISSION MINUTES ~ 4a. CEQA NEGATIVE DECLARATION 4b. WAIVER OF CODE REQUIREMENT 4c. CONDITIONAL 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 and 27, 2003, Planning Commission meetings. ~ CONDITIONAL USE PERMIT RESOLUTION NO. Continued to April 7, 2003 SR8549VN.DOC ~ FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Commissioner Bristol offered a motion, seconded by Commissioner Koos and MOTION CARRIED, to continue the subject request to the April 7, 2003, Planning Commission meeting as requested by the petitioner in order to revise plans and work with the property owner regarding a new location for the clock tower. VOTE: 7-0 DISCUSSION TIME: This item was not discussed. • 02-10-03 Page 17 FEBRUARY 10, 2003 PLANNING COMMISSION MINUTES • 5a. CEQA EIR NO. 313 PREVIOUSLY-CERTIFIED ) 5b. WAIVER OF CODE REQUIREMENT 5c. CONDITIONAL USE PERMIT NO. 2002-04657 OWNER: Good Hope International, 1530 South Harbor Boulevard, Anaheim, CA 92802 AGENT: Marshall Weinstein, 1530 South Harbor Boulevard, Anaheim, CA 92802 LOCATION: 1530 South Harbor Boulevard. Property is approximately 1.19 acres having a frontage of 85 feet on the east side of Harbor Boulevard, located 790 feet south of the centerline of Manchester Avenue (Carousel Inn and Suites). To permit the conversion and expansion of an existing legal nonconforming retail building into a semi-enclosed fast food restaurant with waivers of: (a) minimum number of required parking spaces and (b) minimum structural setback and yard requirements abutting interior lot lines. CONDITIONAL USE PERMIT RESOLUTION NO. PC2003-29 Arpr~ve~ Approved Granted SR8533GK.DOC ~ Chairperson Bostwick introduced Item No. 5 as Conditional Use Permit No. 2002-04657, 1530 South Harbor Boulevard, Carousel Inn and Suites, a request to permit the conversion and expansion of an existing legal nonconforming retail building into a semi-enclosed fast food restaurant with waivers of: a) minimum number of required parking spaces, b) minimum structural setback and yard requirements abutting interior lot lines. ApplicanYs Testimony: Marshall Weinstein, 25515 Riverbank, Yorba Linda, CA, General Manager of Carousel Inn and Suites located at 1530 South Harbor Boulevard, states he has been working on the project for approximately 2%2 years. They feel with their close proximity to the pedestrian entrance to the Disneyland Resort, the addition of the deli/sandwich shop would benefit Harbor Boulevard and the Anaheim Resort by adding amenity for the guests staying on Harbor Boulevard. Most of the properties along Harbor Boulevard are limited service properties, without a food and beverage outlet. With the amount of new properties that are coming on board, both in the Anaheim Resort and also in nearby Garden Grove, Triple A approved the Accommodations Department and their rating program have changed the guidelines and are making it harder for many of the properties that are along Harbor Boulevard to maintain a 3-diamond rating. They feel by building the food and beverage outlet, the additional amenity would help the Carousel Inn Suites maintain a 3-diamond rating, and therefore, prevent the over saturation of the 2-diamond properties along Harbor Boulevard. Linda Johnson, Principal Planner, states staff has reviewed the project and recommends approval of it. The new addition and conversion of the retaif building to a restaurant would provide an enhancement to the look of the building as well as the overall hotel site. It would also provide another amenity for the visitors to the area. With regard to the parking waivers, there are 74 parking spaces proposed and the parking study submitted and approved by Traffic Engineering shows a peak parking demand of 69 ~ spaces. With regard to the side yard setback requested, it is consistent with a number of other hotel properties along Harbor Boulevard and the narrow width of the site does restrict development according to the code. 02-10-03 Page 18 FEBRUARY 10, 2003 PLANNING COMMISSION MINUTES ~ THE PUBLIC HEARING WAS CLOSED. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. I OPPOSITION: None ACTION: Commissioner Bristol offered a motion, seconded by Commissioner Boydstun and MOTION CARRIED, that the Anaheim City Planning Commission does hereby determine that the previously-certified EIR No. 313 is adequate to serve as the required environmental documentation for subject request. Approved Waivers of Code Requirements Granted Conditional Use Permit No. 2002-04657 (to permit the conversion and expansion of an existing legal nonconforming retail building into a semi-enclosed fast food restaurant) subject to the conditions of approval as stated in the staff report dated February 10, 2003. VOTE: 7-0 Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. ~ DISCUSSION TIME: 7 minutes (3:13-3:20) u 02-10-03 Page 19 FEBRUARY 10, 2003 PLANNING COMMISSION MINUTES i 6a. CEQA NEGATIVE DECLARATION 6b. WAIVER OF CODE REQUIREMENT 6c. CONDITIONAL USE PERMIT NO. 2002-04653 OWNER: June Noordman, Ronda Rae Pre School, 900 South Knott Avenue, Anaheim, CA 92804 AGENT: William Tefend, Tefend Construction, 2233 Calle Leon, West Covina, CA 91792 LOCATION: 8~ 900 and 906 South Knott Avenue. Property is approximately 0.96-acre having a frontage of 198 feet on the east side of Knott Avenue, located 465 feet north of the centerline of Ball Road. To expand an existing pre-school and construct additional classroom area with waivers of: (a) institutional uses adjacent to a residential zone boundary and (b) minimum number of parking spaces. CONDITIONAL USE PERMIT RESOl.UTION NO. Continued to February 24, 2003 SR8554VN.DOC ' FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. ~ OPPOSITION: None ACTION: Commissioner Bristol offered a motion, seconded by Commissioner Eastman and MOTION CARRIED, to continue the subject request to the February 24, 2003, Planning Commission meeting as requested by the property owner in order to advertise a waiver pertaining to required side yard setback. VOTE: 7-0 DISCUSSION TIME: This item was not discussed. ~ 02-10-03 Page 20 FEBRUARY 10, 2003 PLANNING COMMISSION MINUTES • 7a. CEQA NEGATIVE DECLARATION READVERTISED ~ ) 7b. WAIVER OF CODE REQUIREMENT 7c. CONDITIONAL USE PERMIT NO. 2002-04656 OWNER: Min Ling Lee, 1600 East Lincoln Avenue, Anaheim, CA 92805 AGENT: Susan Secoy, 112 East Chapman Avenue, Suite E, Orange, CA 92866 LOCATION: 1600 East Lincoln Avenue. Property is approximately 1.75 acres having a frontage of 372 feet on the south side of Lincoln Avenue, located 330 feet east of the centerline of Larch Street (Lincoln Palms Mote1). To permit the conversion of an existing 80-unit motel into a 63-unit affordable senior citizen's apartment complex with waivers of: (a) minimum structural setback, (b) minimum landscape setback adjacent to a single-family residential zone (c) maximum structural height within 150 feet of a single-family residential zone, and (d) minimum width of pedestrian accessways. CONDITIONAL USE PERMIT RESOLUTION NO. Continued to February 24, 2003 SR1108CW.DOC • Chairperson Bostwick introduced Item No. 7 as Conditional Use Permit No. 2002-04656, 1600 East Lincoln Avenue - Lincoln Palms Motel, a request to permit a 63-unit affordable senior citizens apartment complex with waivers of: a) minimum structural setback, b) minimum landscape setback adjacent to a single-family residential zone, c) maximum structural height within 150 feet of a single-family zone, and d) minimum width of pedestrian accessways. Applicant's Testimony: Albert O'Tero, 311 Old Bridge Road, Anaheim Hills, CA, the developer of Olive Tree Village, proposes a single housing development at 1600 East Lincoln Avenue. He states they have been working on the site for approximately 1%2 years and feels they have a workable program that would bring in much needed senior housing to the City of Anaheim. Being a resident of the City of Anaheim he takes pride in finding a site that he can develop and make the City of Anaheim better. Susan Secoy, architect for the project, states several conditions are listed and they are in agreement with them, except for a change with one of the buildings. At one point they had eight (8) two bedroom units, and now they are at eight (8) one bedroom units, which is actually a benefit as far as reduced parking requirements. It enables them to enhance the landscape and work with the various trash configurations and that would enable them to continue to improve the project. They will work very closely with staff to have a cohesive project that is kept clean, not over done and is consistent. Public Testimony: George Morte, 1619 E. Oak Plaza, Anaheim, CA, states he has lived at the residence for 27 years, and has watched the places go down hill rapidly. It would be a pleasure to have a senior citizens home, in lieu of the fact that they get so much traffic with drug violations, etc., at the motel. • THE PUBLIC HEARING WAS CLOSED. 02-10-03 Page 21 FEBRUARY 10, 2003 PLANNING COMMISSION MINUTES • Commissioner Boydstun states she was surprised that two-bedroom units were eliminated. Being in the real estate business, most of her clients requests two (2) bedroom units. Mr. O'Tero states the reason they eliminated two (2) bedroom units is because they had a hard time parking the cars. However, if Commission would allow them a parking variance they would be glad to put in the two (2) bedroom units. He agrees the need for seniors is not in one (1) bedroom units because several seniors have caretakers that live with them, but they wanted to comply and not ask Commission for any type of unnecessary variances to inhibit progress. Commissioner Boydstun suggested they could offset it by eliminating one of the single-story units and that would give them the parking space to have more two-bedroom units. Mr. O'Tero states the reason they went to the single-story units instead of doing a two-story is because staff informed him of a new law that states, "from the rear yard to the front had to be one-story", and they wanted to maintain the minimum variances asked of the Planning Commission. They originally went into the project with 80 units, and it has been scaled down dramatically. They would still need at least 63 units to make their project feasible. Commissioner Koos states he would be inclined to support parking waivers to get more two bedroom units in the project, because it makes it a better mix and also deals with more of the design issues. Ms. Secoy states they currently do not have a defined style, but do not believe it needs to look like Irvine or some of the South Orange County type projects. She would like to work within the contexts, using a little bit of everything; clean up the project and use very simple materials, but use a lot of shade and shadow, and architectural elements that start to make a statement without throwing on a lot of plants or height. Their goal is to work with color, texture and lighting, which are the basic principals of architectural • as opposed to a lot of applied materials. She feels the landscape on this project is going to enhance it incredibly. Chairperson Bostwick offered a motion for a two-week continuance, seconded by Commissioner Bristol. Motion carried. ~ I FOLLUWING 15 A SUMMARY OF THE PLANNING COMM15510N ACTION_ I OPPOSITION: None IN SUPPORT: One person spoke in favor of the subject request. ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Bristol and MOTION CARRIED, to continue the subject request to the February 24, 2003, Planning Commission meeting in order to revise plans to incorporate more two-bedroom units and to enhance the architecture of the building facing Lincoln Avenue. VOTE: 7-0 DISCUSSION TIME: 14 minutes (3:21-3:35) A 10-minute break was taken (3:36-3:46) 02-10-03 Page 22 FEBRUARY 10, 2003 P~ANNING COMMISSION MINUTES ~ 8a. CEQA NEGATIVE DECLARATION 8b. CONDITIONAL USE PERMIT NO. 3726 (TRACKING NO. CUP2002-04655) OWNER: Vineyard Christian Fellowship, 5340 East La Palma Avenue, Anaheim, CA 92807 AGENT: Sam E. Sampson, C3 Consultants, 25602 Alicia Parkway, #234, Laguna Hills, CA 92653 LOCATION: 5310 East La Palma Avenue. Property is approximately 23.08 acres having a frontage of 1,238 feet on the south side of La Palma Avenue, located 2,370 feet west of the centerline of Imperial Highway (Fairmont Private School). To modify previously-approved exhibits for an existing private school and to amend a condition of approval pertaining to the permitted number of students. ~ CONDITIONAL USE PERMIT RESOLUTION NO. PC2003-30 Approved Approved modification to previously-approved exhibits and amendment to conditions of approval SR8552VN.DOC Chairperson Bostwick introduced Item No. 8 as Conditional Use Permit No. 3726, 5310 East La Palma Avenue - Fairmont Private School, a request to modify previously-approved exhibits for an existing private school and to amend a condition of approval pertaining to the permitted number of students. ApplicanYs Testimony: David Jackson, 7975 Werrick Road, Corona, CA, representing the Fairmont Schools, states he has reviewed the staff report and appreciates very much the actions of the planners and all the work they have put into it and how well they continue to work with them. There are a couple of minor areas on the conditions: Item No. 4, the school hours are from 8 a.m. to 3 p.m. Item No. 11, the City has been meeting with Vineyard Christian Fellowship representatives regarding the traffic signal and the only concern is they wanted to ensure that the condition would not stop them from getting a building permit in the next 30- 45 days, and that it would also not stop them from occupying the additional classrooms in September. THE PUBLIC HEARING WAS CLOSED. Alfred Yalda, Principal Transportation Planner, states there should not be a problem because the way Condition No. 16 is written should allow them up to one year. OPPOSITION: None ACTION: Approved CEQA Negative Declaration Granted Conditional Use Permit No. 3726 (Tracking No. CUP2002-04655) to modify previously-approved exhibits for an existing private school and to amend a condition of approval pertaining to the permitted number of students. ~J 02-10-03 Page 23 FEBRUARY 10, 2003 PLANNING COMMISSION MINUTES ~ Incorporated conditions of approval contained in Resolution No. PC2002-99 into a new resolution which includes the following conditions of approval (Condition Nos. 6 and 11 are new conditions; and Condition Nos. 4 and 16 were modified at today's meeting): That the subject conditional use permit shall remain in effect only as long as it remains as an accessory use to the primary church user of the property (currently Vineyard Christian Fellowship). 2. That the property sha{I maintain conformance with the current version of Engineering Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations. 3. That the proposal shall comply with all signing requirements of the SP94-1 (SC); DA 2) Zone unless a variance allowing sign waivers is approved by the Planning Commission. Any additional signage shall be subject to review and approval by the Planning Commission as a Reports and Recommendation item. 4. That the hours of operation, as stipulated, by the petitioner, shall be the same as the original approval for the existing private school as follows: Classes: ~:38 8:00 a.m. to 3 p.m., Monday through Friday School office hours: 7:00 a.m. to 6 p.m., Monday through Friday 5. That any proposed freestanding sign on subject property shall be a monument-type not exceeding eight (8) feet in height and consistent with ~ exhibits approved under Variance No. 2002-04372. Said sign shall be subject to the review and approval of the City Traffic and Transportation Manager to determine adequate lines-of-sight. 6. That the school enrollment shall not exceed seven hundred seventy-five (775) students at 5310 East La Palma Avenue (Fairmont School). 7. That a wrought iron fence enclosure of the playground shall be maintained where the fence is visible from La Palma Avenue; and that the remainder of the fence may be constructed of chain link. 8. That all sewer and storm drain improvements shall be privately maintained. 9. That trash storage areas shall be maintained in a Iocation 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 minimum 1-gallon size clinging vines planted on maximum 3-foot centers or tall shrubbery. 10. That an on-site trash truck turn-around area shall be maintained per Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. 11. That a traffic analysis shall be prepared for the three driveways serving the ~ church/school property and the post office driveway near the easternmost church driveway (total four driveway directional counts) to determine whether warrants are met with the increased school traffic and to determine public 02-10-03 Page 24 FEBRUARY 10, 2003 PLANNING COMMISSION MINUTES ~ benefits of realigning driveways and/or signalizing driveways. This analysis is to be completed to the satisfaction of the Traffic & Transportation Manager within 60 days of project approval. A bond shall be posted for the full costs of a traffic signal and related driveway reconfiguration/realignment, if a warranted location is identified in the above traffic analysis. The traffic signal and associated driveway reconfiguration shall be completed for acceptance by the City within one year of completion of the above traffic analysis. 12. That all existing mature landscaping shall be maintained and immediately replaced in the event that it becomes diseased or dies. 13. That the parking lot shall be maintained free of debris or loose gravel at all times. 14. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 15. 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 Revision No. 3 of Exhibit Nos. 1 and 2, and as conditioned herein. 16. That prior to final building and zoning inspections or prior to commencement of the activity authorized by this resolution, or 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 "'^~. '" °^~ '" No. 15, 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. 17. 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: 7-0 Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 5 minutes (3:47-3:52) ~ 02-10-03 Page 25 FEBRUARY 10, 2003 PLANNING COMMISSION MINU7ES • 9a. CEQA NEGATIVE DECLARATION Approved 9b. WAIVER OF CODE REQUIREMENT Denied 9c. CONDITIONAL USE PERMIT NO. 2002-04658 Granted OWNER: Beacon Industrial Distribution, 7255 E. 46th Street, Tulsa, OK, 74145 AGENT: Phillip Schwartze, 31682 EI Camino Real, San Juan Capistrano, CA 92675 LOCATION: 1210 North Knollwood Circle. Property is approximately 0.97-acre having a frontage of 180 feet on the east side of Knollwood Circle, located 1231 feet north of the centerline of Woodland Drive. To permit a towing service dispatch station and vehicle impound storage yard with accessory vehicle repair, automobile retail sales, and automobile rental with waiver of minimum number of parking spaces.* 'The waiver has been deleted CONDITIONAL USE PERMIT RESOLUTION NO. PC2003-31 SR8552JR.DOC Chairperson Bostwick introduced Item No. 9 as Conditional Use Permit No. 2002-04658, 1210 North ~ Knollwood Circle, Anaheim, CA, a request to permit a towing service dispatch station and vehicle impound storage yard with accessory vehicle repair, automobile retail sales, and automobile rental with waiver of minimum number of parking spaces. ApplicanYs Testimony: Philip Schwartze, representing Amtrak, states they agree with the staff report and recommendations therein and are present to answer questions. Greg McCafferty, Principal Planner, states staff is concerned about how the tow business would operate over the long term. They recommend giving it a shorter time frame during the first approval to make sure it operates correctly and then extend it after that. Staff has found the subject use, if not run properly, start to impact the surroundings and spill over into the street. Commissioner Koos states given the entirely industrial nature of the operation, those concerns usually occur more when there is access to public streets to nearby residential by the subject business. He is all for time periods when Commission feels there could be a problem, but he is not sure it is appropriate in this case. Mr. Schwartze states they had to apply for the CUP as a tow business but what they realfy are is an emergency road service. Their primary job is to go out and clear vehicles away. They just need some place for the tow trucks and the call center to be located. Chairperson Bostwick states presently in the back of the business there are a lot of storage areas. Mr. Schwartze states they belong to the filter company and would be eliminated. ~ Chairperson Bostwick asked if there is any plan for any kind of separation between his facility and the feedback foundation to the south. 02-10-03 Page 26 FEBRUARY 10, 2003 PLANNING COMMISSION MINUTES ~ Mr. Schwartze responded no. r~ ~J Chairperson Bostwick asked if everything would be sitting out in the open and there would not be any type of fencing to hide any of the vehicles. Mr. Schwartze responded they do not intend to take the existing fence down. Mr. McCaffe~ty states staff recommends that there be no time limit provided they are agreeable to having no heavy auto body or mechanical work done there and that they work with staff to make sure the towed vehicles are screened from the street. Greg Hastings, Zoning Division Manager, states another option would be to have Code Enforcement inspections after a period of 6 months. Mr. McCafferty states the only issue staff has is with the tow trucks, and suggests that the vehicles and any outdoor storage is screened from view and complies with code. Chairperson Bostwick states if disabled vehicles are returned or vehicles are under repair, staff recommends they screen and monitor it. Mr. Schwartze states there will not be any major repair, possibly changing belts, etc., but no major overhaul work on cars, other than work on the tow trucks. OPPOSITION: None ACTION: Approved CEQA Negative Declaration Denied Waiver of Code Requirement pertaining to minimum number of parking spaces since it has been deleted. Granted Conditional Use Permit No. 2002-04658, (to permit a towing service dispatch station and vehicle impound storage yard with accessory vehicle repair, automobile retail sales, and automobile rental) subject to the conditions of approval as stated in the staff report dated February 10, 2003, with the following modifications: Added the following conditions of approval to read as follows: That no autobody work or heavy mechanical repair of customer vehicles shafl be permitted. That within one (1) year from commencement of the business operation, a Code Enforcement inspection shall be conducted to ensure compliance with conditions of approval. The cost of the inspection shall be paid for by the business owner. VOTE: 7-0 Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. ~ DISCUSSION TIME: 12 minutes (3:53-4:05) 02-10-03 Page 27 FEBRUARY 10, 2003 PLANNING COMMISSION MINUTES ~ 10a. CEQA CATEGORICAL EXEMPTION - CLASS 1 10b. CONDITIONAL USE PERMIT NO. 2002-04654 OWNER: Andy Hsu, Richance Properties, 18199 Summer Avenue, Artesia, CA 90701 AGENT: Julie Nguyen, 14051 Shirley Street, Westminster, CA 92683 LOCATION: 905 North Euclid Street. Unit C. Property is approximately 0.9-acre, located at the southwest corner of Euclid Street and Catherine Drive. To establish land use conformity with existing zoning code land use requirements for an existing commercial retail center and to permit a massage establishment. CONDITIONAL USE PERMIT RESOLUTION NO. W ithdrawn SR8548AV.DOC FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ~~ L._._~ ACTION: Commissioner Bristol offered a motion, seconded by Commissioner Eastman and MOTION CARRIED, that the Anaheim City Planning Commission does hereby accept the petitioner's request for withdrawal of Conditional Use Permit No. 2002-04654 due to conflicts with the property owner regarding required modifications to the proposed tenant space in order to comply with the requirements of Title 4 of the Anaheim Municipal Code. VOTE: 7-0 DISCUSSION TIME: This item was not discussed. • 02-'I 0-03 Page 28 FEBRUARY 10, 2003 PLANNING COMMISSION MINUTES . MEETING ADJOURNED AT 4:07 P.M. TO MONDAY, FEBRUARY 24, 2003 AT 11:00 A.M. FOR PRELIMINARY PLAN REVIEW (CHAIRMAN PRO-TEMPORE, JAMES VANDERBILT TO BE CHAIRMAN FOR FEBRUARY 24, 2003.) ~ -__J Resp fully submitted: ~ ~~~~ Pat Chan er, Senior Secretary Received and approved by the Planning Commission on , 2003. 02-10-03 Page 29