Loading...
Minutes-PC 2004/01/26 (2)• CITY OF ANAHEIM PLANNING COMMISSION MINUTES M ON DAY, JAN UARY 26, 2004 Council Chambers, City Hall 200 South Anaheim Boulevard, Anaheim, California CHAIRP_ER~ON:~JAMES VANDERBILT-LINARES • • I COMMISSIONERS PRESENT: COMMISSIONERS ABSENT:t` STAFF PRESENT: ~` ~ Selma Mann, Assistant City At~orr Greg Hastings, Zoning Dia~is~on "M Greg McCafferty, Principal'~Plann'€ Della Herrick, Associa~e~ lanner ,. Alfred Yalda, Principal~Transpc~ita ~ ~ m~ ~_ AGENDA POSTING ~ A:compnlete Thursday, January 2~~ 2004~ ,~n`sic the outside display kio~f~,,~~ '~ ~~~ DAVID ROMERO F ~~ ~ ~~ ~. ~~ ~ h ia ~'"""- ~s„ ~tle ,~ ~ ~ ~; ~„:;~ , a~~r4 ~~ $ ~~'~ a~~~r ~ James Ling, Associafie CiYil 'C~~ineer Michele Irwin;°=ryUice IJ''efa~l~~~ ',s°°~~ Elly Morris, Serna~Sec~etar~~,; `~~ Pat Chandler, Se~iior"~eJ~retary ~~_ ~ , PUBLISHED: Anah°e`im Bulletin ,}~ ~ , CALL TO ORDER ~ ~~; °~ ' ~~4f~. 4 ~~ r~ ? PLANNING ~COMMISSIO • REVIEW~'OF BROWf~ BY THE CIT~Y ATTOF • STAFF UPDA~1"~ T~b'~ DEVELOPMENTS~~I~ .~~, PLANNING COMMiS'~ • PRELIMINARY PLAN , ~p~G 12:00 p.m. on nbers, and also in k ~ ~ _SS~ION 2:OQ P IVI~s ;~~ ESS REQ~:IJR~IVF~~ITS;~~lD NEXUS FINDINGS JRNUARY 26, 2004 AGENDA RECESS TO AFTERNOON PUBLIC HEARING SESSION RECONVENE TO PUBLIC HEARING 3:00 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 Buffa PUBLIC COMMENTS CONSENT CALENDAR PUBLIC HEARING ITEMS ADJOURNMENT I H:\DOCS\CLERICAL\MINUTES~AC012604.DOC planninqcommission(a~anaheim.net JANUARY 26, 2004 PLANNING COMMISSION MINUTES • RECONVENE TO PUBLIC HEARING AT 3:00 P.M. PUBLIC COMMENTS: None This is an opportunity for members of the pub(ic 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. CONSENT CALENDAR: Item 1-A through 1-F 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 O'Connell offered a motion, seconded by Commissioner Eastman (Commissioner Bostwick absent) and MOTION CARRIED for approval of Consent Calendar Items (1-A, 1-B and 1-E) as recommended by staff. Consent Calendar Items (1-C, 1-D and 1-F) were removed for separate discussion. UNANIMOUSLY APPROVED. 1. REPORTS AND RECOMMENDATIONS A. (a) CEQA CATEGORICAL EXEMPTION - CLASS 1 Concurred with staff (b) CONDITIONAL USE PERMIT NO. 2002-04596 Approved retroactive (TRACKING NO. CUP2003-04820) extension of time for one Claudia Cockren, Velocitel, 18071 Fitch Avenue, Suite 200, Irvine, CA year (to expire on 92614, requests a retroactive extension of time to comply with September 23, 2004). conditions of approval for a previously-approved telecommunications antenna with accessory ground-mounted equipment. Property is • located at 805 West Sycamore Street (VFW Hall No. 3173). (Vote: 6-0; Commissioner Bostwick absent) ACTION: Commissioner O'Connell offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioner Bostwick 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, categoricaily exempt from the requirement to prepare additional environmental documentation. Commissioner O'Connell offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioner Bostwick absent), that the Anaheim City Planning Commission does hereby approve the request for a one (1) year retroactive extension of time (to expire on September 23, 2004), based on the following: (i) That this is the first request for an extension of time to compiy with conditions of approval. (ii) That the property has been properly maintained and that there are no outstanding complaints or violations on file with the Code Enforcement Division. (iii) 7hat there have been no changes to the Anaheim General Plan Land Use Element or zoning code that would affect this project. No additional information or changed circumstances are present • which would contradict the facts used to support the required findings for approval of this conditional use permit. sr5077jr.doc 01-26-04 Page 2 JANUARY 26, 2004 PLANNING COMMISSION MINUTES • B. (a) CEQA EIR NO. 313 (PREVIOUSLY-CERTIFIED) Approved (b) CONDITIONAL USE PERMIT NO. 2002-04657 Approved a one (1) year (TRACKING NO. CUP2003-04795) extension of time (to Marshall Weinstein, 1530 South Harbor Boulevard, Anaheim, CA expire on February 10, 92802, requests an extension of time to comply with conditions of 2005). approval for a previously-approved conversion and expansion of an existing legal non-conforming retail building into a semi-enclosed fast food restaurant with waivers. Property is located at 1530 South Harbor Boulevard (Carousel Inn and Suites). (Vote: 6-0; Commissioner Bostwick absent) ACTION: Commissioner O'Connell offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioner Bostwick absent), 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. Commissioner O'Connell offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioner Bostwick absent), that the Anaheim City Planning Commission does hereby approve a one (1) year extension of time (to expire on February 10, 2005) based on the following: (i) That this is the first request for an extension of time to comply with conditions of approval. (ii) That the approval remains in conformance with the current zoning and General Plan land use designation for this property. Further, there have been no code amendments that would cause the • approvai to be considered inconsistent with the Zoning Code. (iii) That the property is currently being properly maintained in a safe, clean and aesthetically pleasing condition and that there are no outstanding complaints or violations on file with the Code Enforcement Division. (iv) That no additional information or changed circumstances are present which would contradict the facts used to support the required findings for approval of this conditional use permit. sr8690mn.doc • 01-26-04 Page 3 JANUARY 26, 2004 PLANNING COMMISSION MINUTES ~ C. (a) CEQA MITIGATED NEGATIVE DECLARA710N (PREVIOUSLY- APPROVED) (b) CONDITIONAL USE PERMIT NO. 2003-04800 (TRACKING NO. CUP2004-04827) Hossein Zandi, Caliber Motors, 5395 East La Palma Avenue, Anaheim, CA 92807, requests review of final elevation plans to construct a new automotive sales dealership. Property is located at the northeast terminus of Via Cortez and south of the SR-91 (Riverside Freeway) and north of Santa Ana Canyon Road (No Address - Caliber Motors). (This item was removed from the Consent Calendar for separate discussion.) Approved Approved (Vote: 6-0; Commissioner Bostwick absent} sr8687av.doc Greg McCafferty, Principal Planner, introduced Item No. 1-C, Conditional Use Permit No. 2003-04800. He stated staff has been working with the applicant to come up with a design solution in order to address Commission's concerns. Staff recommends approval of the final elevation plans with the stipulation and corrections noted earlier on the plans. ~ ~ ApplicanYs Statement: Joseph Marca, Project Architect, 750 N. Citracado Parkway, #19, Escondido, CA, stated he is present to answer any questions regarding the subject request. Commissioner Romero asked the applicant to summarize the changes made. Mr. Marca stated at the last Commission meeting they were asked to reduce the height of the building, eliminating the 10-foot high roof top equipment in the original design in order to give the building a more compatible feel with the residential neighborhood. Commissioner Flores asked where the equipment is going to be pfaced. Mr. Marca responded either a roof well would be constructed where no equipment would go above the roof line or they would construct a subterranean equipment room, below the building. Commissioners expressed their approval of the final elevation plans and the changes made by the applicant for the subject project. Chairperson Vanderbilt-Linares referred to the "display area" illumination and asked the applicant if there were any changes in the amount of lighting. Mr. Marca responded typically the lights are reduced to a more security level lighting after 11 p.m., but they intend to do as they are conditioned. Chairperson Vanderbilt-Linares asked staff for c-arification regarding the lighting. Mr. McCafferty stated when Commission originally approved the project they required a combination of lighting, both the lower and higher light standards, provided that the overall lighting affect would be similar to having 12-foot standards distributed throughout the display area. He referred to Condition No. 32 of the originai resolution, regarding lighting. 01-26-04 Page 4 JANUARY 26, 2004 PLANNING COMMISSION MINUTES • Chairperson Vanderbilt-Linares stated he doesn't feel it addresses the lighting after hours, and asked if there is a standard requirement for this type of situation when a product is on display. Mr. McCafferty stated there have been limited numbers of circumstances where an auto dealership is right up against a residential land use, and informed there was a mitigation measure that should take care of the concern. Selma Mann, Assistant City Attorney, stated the subject item has already been set for a public hearing by the City Council; therefore, the Planning Commission's action is void and today's action would take a form of a recommendation to the City Council for consideration, the entire item is set before the City Council on February 10, 2004. ACTION: Commissioner Eastman offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioner Bostwick absent), that the Anaheim City Planning Commission does hereby determine that the previously-approved Mitigated Negative Declaration is adequate to serve as the required environmental documentation for the subject request. Commissioner Eastman offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioner Bostwick absent), that the Anaheim City Planning Commission does hereby approve Final Elevation Plan Nos. 1 through 4, for a previously-approved automotive sales dealership because the proposed final plans comply with the conditions of approval for Conditional Use Permit No. 2003-04800 and the Commission's desire for a high quality building that incorporates rich materials and articulation while complementing the adjacent residential neighborhood. • DISCUSSION TIME: 17 minutes (3:18-3:35) ~ 01-26-04 Page 5 JANUARY 26, 2004 PLANNING COMMISSION MINUTES • ~ D. (a) ENVIRONMENTAL IMPACT REPORT NO. 300 (PREVIOUSLY- CERTIFIED) (b) SPECIFIC PLAN NO. 90-1 - FESTtVAL SPECIFIC PLAN FINAL SITE PLAN REVIEW NO. 2000-00019 - DETERMINATION OF SUBSTANTIAL CONFORMANCE (TRACKING NO. FSP2004-00001) Nancy Patterson, 1049 Camino Del Mar, Suite 11, Del Mar, CA 92014, requests a determination of substantial conformance with a previously- approved final site plan and review of final site, floor, elevation and landscape plans to construct a new restaurant. Property is located at the southwest corner of Santa Ana Canyon Road and ~estival Drive (No Address - Islands Restaurant). (This item was removed from the Consent Calendar for separate discussion.) Approved Approved final plans (Vote: 6-0; Commissioner Bostwick absent) sr8686av.doc Greg McCafferty, Principal Planner, introduced Item No. 1-D, Specific Plan No. 90-1, Festival Specific Plan, Final Site Plan Review No. 2000-00019. Applicant's Statement: Denis Morrissey, 5750 Fleet Street, Carlsbad, CA, stated they are in agreement with staff's recommendation pertaining to screening the equipment. Mr. McCafferty stated if the applicant is willing to work with staff on screening the equipment from street views and site line views that are up slope, then he feels they are both in agreement. Mr. Morrissey was in agreement. ACTION: Commissioner Eastman offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioner Bostwick absent), that the Anaheim City Planning Commission does hereby determine that the previously-certified EIR No. 300 is adequate to serve as the required environmental documentation for subject request. Commissioner Eastman offered a motion, seconded by Commissioner Fiores and MOTION CARRIED (Commissioner Bostwick absent), that the Anaheim City Planning Commission does hereby determine that the final site, floor, elevation and landscape plans are substantially in conformance with previously- approved exhibits for the proposed construction of a new restaurant based on the consistency of the submitted site, floor, elevation, and landscaping plans with the Festival Specific Plan and the Design Guidelines; and further, that the proposed freestanding restaurant with outdoor dining is substantially in conformance with the previously-approved restaurant at this location with the following stipulations: 1. That any roof-mounted equipment shall be subject to Anaheim Municipal Code Section 18.84.062.032 pertaining to the "SC" Scenic Corridor Overlay Zone. Screening of roof-mounted equipment shall include materials such as louvered metal screen walls or trellises painted and maintained to match the color of the rooftop. Said information shall be specifically shown on the plans submitted for building permits. • 2. That the petitioner shall submit a fina! sign plan for review and approval by Zoning Division staff. Any decision made by the Zoning Division regarding said plan may be appealed to the Planning Commission as a Reports and Recommendation item. Said information shall be specifically shown on plans submitted for building permits. 01-26-04 Page 6 JANUARY 26, 2004 PLANNING COMMISSION MINUTES ~ 3. That a revised final landscape plan shall be submitted to the Zoning Division for review and approval by Zoning Division staff. The plan shall indicate parking lof landscaping in conformance with Code. Any decision made by the Zoning Division regarding said plan may be appealed to the Planning Commission as a Reports and Recommendation item. DISCUSSION TIME: 4 minutes (3:36-3:40) • ~ 01-26-04 Page 7 JANUARY 26, 2004 PLANNING COMMISSION MINUTES ~ • ~ E. Receiving and approving the Minutes from the Planning Commission Meeting of January 12, 2004. (Motion) ACTION: Commissioner O'Connell offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioner Bostwick absent), that the Anaheim City Planning Commission does hereby receive and approve the minutes for the Planning Commission meeting of January 12, 2004. Approved (Vote: 6-0; Commissioner Bostwick absent) 01-26-04 Page 8 JANUARY 26, 2004 PLANNING COMMISSION MINUTES ~ F. Receiving and approving supplemental detailed minutes for Item No. Approved (Modifications to 9, General Plan Amendment No. 2003-00415, Conditional Use pages 7 and 11 were Permit No. 2003-04800 and Reclassification No. 2003-00113 from made at today's meeting.) the Planning Commission Meeting of December 15, 2003, scheduled to be heard as a public hearing item before City Council on Tuesday, February 10, 2004. (Motion) ACTION: Commissioner Buffa offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioner Bostwick absent), that the (Vote: 6-0; Commissioner Anaheim City Planning Commission does hereby receive and approve the Bostwick absent) supplemental detailed minutes for the Planning Commission meeting of December 15, 2003, with the following modifications: Corrected page 7, 2"d paragraph as follows: Commissioner Buffa concurred with Commissioner Eastman and stated that it was t~ an appropriate use on the site and although it was a fairly creative site plan for a site that is extremely difficult to deve~op, the design of the building and architectural style was not compatible with the residential or commerciai uses that were already in the area. Corrected page 11, 6t" paragraph as follows: Commissioner 8uffa stated she was not sure that she would be comfortable asking them to turn off their signage at 9 o'clock when Ae~e~e~~Home Depot couid leave theirs on during hours of operation, which could be 24 ~ hours a day. ~ 01-26-04 Page 9 JANUARY 26, 2004 PLANNING COMMISSION MINUTES • ~ ~ PUBLIC HEARING ITEMS: 2a. CEQA CATEGORICAL EXEMPTION - CLASS 1 Concurred with staff 2b. CONDITIONAL USE PERMIT NO. 1397 Approved, in part, (TRACKING NO. CUP2003-04807) amended to permit the upgraded liquor license OWNER: Robert L. Wetzler, 31722 Paseo Terraza, San Juan for one (1) year (to Capistrano, CA 92671 expire January 26, 2005) AGENT: Elmer F. Nelson, M& N Property Management, 12550 Brookhurst Street, Suite C, Garden Grove, CA 92840 LOCATION: 2954 West Ball Road. Property is approximately 2.4 acres, located at the southeast corner of Beach Boulevard and Ball Road (Arroyo Grande Restaurant). Request to permit on premises sales and consumption of alcoholic beverages and amend a condition of approval pertaining to hours of operation in conjunction with an existing restaurant. Continued from the January 12, 2004, Planning Commission Meeting. CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-8 sr8680av.doc Chairperson Vanderbilt-Linares opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 2, Conditional Use Permit No. 1397. Stated following the preparation of the staff report, staff visited the site, this past Friday and Saturday, and found they are charging a$15 cover charge which the original approval of the conditional use permit does not permit and their City entertainment license specifically indicates that no cover charge would be assessed. Also, staff has obtained an advertisement for the subject business that illustrates entertainment and suggested to the Commission they might want to verify what type of entertainment is occurring at the establishment. ApplicanYs Statement: Commissioner Romero asked the applicant to explain the nature of the subject business. Ole Pineda, owner of Arroyo Grande Restaurant, responded it is a family restaurant. He referred to the advertisement mentioned and stated that is not what they do, and he referred to the cover charge and clarified there is no separate charge it is a dinner show, professional singer, in which they also provide dinner. Commissioner Romero referred to the advertisement regarding exotic dancers. Mr. Pineda responded there are not dancers, he has mariachi shows and they have different types of professional singers. Chairperson Vanderbilt-Linares asked for clarification regarding the $15 cover charge. Mr. Pineda responded it was a one day occurrence, but normally there is not a cover charge. It is a new business and he was trying to get more customers. 01-26-04 Page 10 JANUARY 26, 2004 PLANNING COMMISSION MINUTES ~ Michelle Irwin, Senior Police Services Representative, stated they oppose the hours of operation change due to the high crime rate, over-concentration and the problem with prostitution in the area and feels it would be detrimental to the area. She suggested that no change be made to the subject business in order to allow staff to visit the business. Commissioner Flores explained she visited the site yesterday and the facility was very clean and it seemed to be a good family restaurant, but after reading and looking at the advertisement which states "women are free after 9 p.m." and "exotic dancers" then it wouldn't appear to be a family restaurant. Mr. Pineda explained the magazine has a lot of advertisements and they print anything they want. Further discussion took place between the Commissioners and the applicant regarding the advertisement for the subject business. Commissioner Buffa recommended a continuance on the item in order to look into the operation of the business. Chairperson Vanderbilt-Linares and Commissioner Eastman concurred with Commissioner Buffa to continue the item in order to obtain additional information. Mr. McCafferty stated he feels the applicant now understands the concerns, and staff's recommendation would be to approve the change of the license for a limited period of time in order to see how they operate. Then based on evidence that they are operating as originally approved, Commission could consider amending the hours of operation. Commissioner O'Connell stated his main concern is to have the applicant understand that a cover charge is not allowed with his existing license, and he clarified what a cover charge would be. ~ Discussion took place amongst Commission and the appiicant regarding the deadline to obtain an upgradeable liquor license with the Alcoholic Beverage Control (ABC). Commissioner Buffa stated having heard the deadline, it might be appropriate to consider approving the item, in part; by approving the upgradeable liquor license, but denying the request to modify the condition pertaining to the hours of operation, and to impose a six (6) month time limit in order for staff to review the operation of the business and for the applicant to come back before the Commission. Commissioner Eastman suggested a one (1) year time limit to allow staff appropriate time. Commissioner Buffa referred to the staff report, page 5, subparagraph (c) of Paragraph (17) where it states, "Condition No. 30 is a new condition", and asked if it should have stated Condition No. 27. Mr. McCafferty responded yes. Commissioner Romero concurred with Commissioner Buffa, but suggests a one (1) year time limit. Selma Mann verified the upgrade to a full liquor license would expire in one (1) year, and the pre-existing conditional use permit would continue. THE PUBLIC HEARING WAS CLOSED. ~ ~, 01-26-04 Page 11 JANUARY 26, 2004 PLANNING COMMISSION MINUTES ~ OPPOSITION: None ACTION: Commissioner Buffa offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED (Commissioner Bostwick 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, in part, the request to amend Conditional Use Permit No. 1397 (Tracking No. CUP2003-04807) to modify a condition pertaining to hours of operation in conjunction with an existing restaurant and to permit on-premises sale and consumption of alcoholic beverages by approving the request for on-premises sale and consumption of alcoholic beverages for a period of one (1) year (to expire on January 26, 2005), and denying the request to amend the hours of operation. Incorporated conditions of approval contained in Resolution No. PC2003-43 into a new resolution which includes the following conditions of approval (Condition No. 27 is a new condition and a condition was added at today's meeting): 1. That the landscape planters shall be permanently maintained with live and healthy • plant materials. 2. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 3. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 4. That all doors serving the restaurant shall conform to Uniform Fire Code requirements and shall be kept closed at all times during operation of the premises except for ingress/egress, deliveries and emergencies. 5. That all existing and proposed roof-mounted equipment shall be completely screened from view in all directions by properly maintained design elements of the building. 6. That the establishment shall be operated as a"Bona Fide Public Eating Place" as defined by Section 23038 of the California Business and Professions Code. 7. That food service with a full meal shall be available from opening time until closing time, on each day of operation. 8. That there shall be no pool tables, vending machines or arcade devices maintained upon the premises at any time. 9. That subject alcoholic beverage license shall not be exchanged for a pubiic premises (bar) type license nor shall the establishment be operated as a public • premise as defined in Section 23039 of the California Business and Professions Code. 01-26-04 Page 12 JANUARY 26, 2004 PLANNING COMMISSION MINUTES ~ 10. That the gross sales of alcoholic beverages shall not exceed 40 percent of gross sales of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of beer and wine and other items. These records shall be made available for inspection by any City of Anaheim official during reasonable business hours. 11. That there shall be no live entertainment, amplified music or dancing permitted on the premises at any time without issuance of proper permits as required by the Anaheim Municipal Code. 12. That the sales of alcohol for off-premises consumption shall be prohibited. 13. That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 14. That the activities occurring in con}unction with the operation of this establishment shall not cause noise disturbance to surrounding properties. 15. That the parking lot serving the premises shall 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 windows of nearby residences. 16. That the business operator shall comply with Section 24200.5 of the Business and Professions Code so as not to employ or permit any persons to solicit or encourage • others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing pian, scheme or conspiracy. 17. That there shall be no public telephones on the premises located outside the building. 18. That signage shall be limited to existing and approved signs. That temporary signs and other advertising devices shall not be permitted except when in connection with an approved Special Event Permit. 19. That no advertising or identification of any type shall be permitted on any outdoor furniture or equipment including umbrellas, by illustration, text or any other means of visual communication. 20. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removai of graffiti within twenty-four (24) hours from time of occurrence. 21. That four (4) foot high address numbers shall be displayed on the flat area of the roof in a contrasting color to the roof material, provided the numbers sha11 not be visible from the street or adjacent properties. 22. 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. 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. 01-26-04 Page 13 JANUARY 26, 2004 PLANNING COMMISSION MINUTES ~ 23. That a all times that entertainment or dancing is permitted, security measures shali be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of employees or patrons, and promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbance to the neighborhood by excessive noise created by patrons entering or leaving the premises. 24. That the hours of operation shall be limited to 11 a.m. to midnight, daily. 25. That the use of all pyrotechnical material, special effects and fireworks shall be permitted and approved by the Anaheim Fire Department prior to their use. 26. That subject property shall be developed substantially in accordance with pians 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, Revision No. 1 and Exhibit No. 2, Revision No. 2, and as conditioned herein. 27. That no admission fee, cover charge, advance prepayment for meals, or similar fee shall be imposed upon patrons as a condition of entry to the premises. 28. That approval of this application constitutes approvai 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 compiiance or approval of the request regarding any other applicable ordinance, regulation or requirement. ~ Added the following condition of approval to read as foilows: That the upgradeable liquor license shall expire in one (1) year on January 26, 2005. VOTE: 6-0 (Commissioner Bostwick absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 37 minutes (3:42-4:19) ~ 01-26-04 Page 14 JANUARY 26, 2004 PLANNING COMMISSION MINUTES ~ 3a. CEQA NEGATIVE DECLARATION (READVERTISED) 3b. WAIVER OF CODE REQUIREMENT 3c. CONDITIONAL USE PERMIT NO. 2003-04814 OWNER: Church of God Emanuel Pentecost, 2222 East Nura Avenue, Anaheim, CA 92806 AGENT: Steve Sheldon, Law Office of Steve Sheldon, Attn: Karen Sully, 660 Newport Center Drive, Suite 950, Newport Beach, CA 92660 LOCATION: 631 South Brookhurst Street. Property is approximately 1.6 acres, having a frontage of 118 feet on the west side of Brookhurst Street, located 534 feet south of the centerline of Orange Avenue (Orange Central Korean Church). Request to permit a church within an existing office building with waivers of: (a) minimum setback for institutional uses adjacent to residential zones, (b) minimum parking lot landscaping, and (c) minimum number of parking spaces. Continued from the January 12, 2004, Planning Commission Meeting. CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-9 • ~ I Chairperson Vanderbilt-Linares opened the public hearing. Approved Approved Granted sr1141 cw.doc Greg McCafferty, Principal Planner, introduced Item No. 3, Conditional Use Permit No. 2003-04814. He stated staff requests Conditional No. 3 be deleted, as it is no longer necessary. ApplicanYs Statement: Karen Sully, Law Office of Steve Sheldon, 660 Newport Center Drive, Suite 950, Newport Beach, CA, stated she is representing the Orange Central Korean Church. The church is currently congregating at 2219 Orange Street in the Faith Lutheran Church; which is about 100 feet from the proposed location. They are currently purchasing the building at the subject location. She requested that Condition No. 4 be modified to include four (4) special events during the year; and included that on Saturdays the church congregants would like to be allowed to take their sack lunches outside, in the parking lot area and set up about 8-10 tables, to have a break in their church services. She stated severai members of the church are present today to show their support. Seong Cho, 1905 N. Anaheim Blvd., Anaheim, stated he is the Associate Pastor for the youth at the Orange Central Korean Church. The church began in the City of Garden Grove and moved to Anaheim about 2%2 years ago. They have outgrown their current rentai facility and the subject facility would accommodate their needs. THE PUBLIC HEARING WAS CLOSED. Mr. McCafferty stated the concern is not with the lunches because they do have a picnic area, and informed churches like to have outdoor carnivals, etc., but the only concern is that the subject church is adjacent to residential. 01-26-04 Page 15 JANUARY 26, 2004 PLANNfNG COMMISSION MINUTES ~ Mrs. Sully stated it might not be to the extent of a carnival, maybe a family picnic with a barbeque. They feel they could confine their special event towards the front of the property and it wouldn't take the entire parking lot. Further discussion took place amongst Commissioners and the applicant regarding Condition No. 4. Alfred Yalda, Principal Transportation Planner, stated staff recommends approval of the item, as they feel 118 parking spaces would be sufficient which is about a 15°lo vacancy rate. Commissioner Buffa asked what is the criteria of a special event; Mr. McCafferty read into the record what defines a special event. Commissioner Flores referred to the block wall and asked if they are going to connect all the block walls because there is a gap in the back. Mrs. Sully responded yes. Commissioner O'Connell referred to the special event permit and stated they have a big parking lot and if they have 4 events throughout the year to raise funds, he doesn't feel there is a reai issue. ~ • ~ ~ - • ~ ~ • ~ • OPPOSITION: None ACTION: Approved CEQA Negative Declaration ~ Approved Waiver of Code Requirement Granted Conditional Use Permit No. 2003-04814 (to permit a church within a 32,325 square foot office building), subject to the conditions of approval as stated in the staff report dated January 26, 2004, with the following modifications: Deleted Condition Nos. 3 and 4. VOTE: 6-0 (Commissioner Bostwick absent) Selma Mann, Assistant City Attorney, presented the 22-day appea~ rights. DISCUSSION TIME: 20 minutes (4:20-4:40) ~ 01-26-04 Page 16 JANUARY 26, 2004 PLANNING COMMISSION M{NUTES ~ 4a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) Approved 4b. CONDITIONAL USE PERMIT NO. 3900 Approved reinstatement (TRACKING NO. CUP2003-04819) with deletion of time limitation. OWNERS: Grimmway Development, 760 North Euclid Street, #207, Anaheim, CA 92801 Glenoaks Business Center LLC, 1526 Brookhollow Drive, Suite 82, Santa Ana, CA 92705 AGENT: Katie Munoz, Grimmway Management Company, 1526 Brookhollow Drive, Suite 82, Santa Ana, CA 92705 LOCATION: 760 North Euclid Street. Suites 211 throuah 213. Property is approximately 1.6 acres, having a frontage of 10 feet on the east side of Euclid Street, located 380 feet south of the centerline of Catalpa Drive (The Church of the Rose). Request reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on March 15, 1999 to expire January 22, 2004) to retain a church in an existing commercial office building. CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-10 sr8684av.doc ~ Ch ir rson Van bilt-Lin r o n t ublic h rin . a pe der a es pe ed he p ea g Greg McCafferty, Principal Planner, introduced Item No. 4, Conditional Use Permit No. 3900. He stated staff recommends approval of the reinstatement with no time limit, subject to the conditions of approval in the staff report. He read into the record Condition Nos. 6 through 10, which are new conditions of approval listed in the staff report. ApplicanYs Statement: Reverend Joel Hipps, The Church of the Rose, 760 N. Euclid Street, Anaheim, stated he agrees with the conditions of approval in the staff report. THE PUBLIC HEARING WAS CLOSED. • • ~ ~- • ~ ~ • ~ • OPPOSITION: None ACTION: Commissioner Eastman offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioner Bostwick 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 the subject request. ~ 01-26-04 Page 17 JANUARY 26, 2004 PLANNING COMMISSION MINUTES ~ Approved the request for reinstatement of Conditional Use Permit No. 3900 (Tracking No. CUP2003-04819) (without a time limitation) to retain a church in an existing commercial office building. Amended Resolution No. PC2003-43 in its entirety and replaced it with a new resolution which includes the following conditions of approval (Condition Nos. 6 through 10 are new conditions): 1. That this church facility shall not include any child day care or pre-school activities. 2. That the granting of the parking waiver is contingent upon operation of the use in conformance with the assumptions relating to the operation and intensity of use as contained in the parking demand study that formed the basis for approval of said waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions, as contained in the parking demand study, shall be deemed a violation of the expressed conditions imposed upon said waiver which shall subject this waiver to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. 3. That all music within the control of the subject church shall not be audible to the exterior of the subject suites nor by any persons in the surrounding suites. 4. That church meetings (other than normal office activities) shall not ~ commence prior to 6 p.m., Monday through Friday, with the exception of national holidays. 5. That church attendance shall not exceed forty-five (45) members. 6. That there shall be no outdoor storage on site at any time. 7. That no portable signage shall be utilized to advertise the church. 8. That no outdoor events shall be permitted. 9. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 10. That the property shall be permanently maintained in an orderiy fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 11. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anahe+m by the petitioner and which plans are on file with the Planning Department market Exhibit Nos. 1 and 2. 12. 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. 01-26-04 Page 18 JANUARY 26, 2004 PLANNING COMMISSION MINUTES ~ VOTE: 6-0 (Commissioner Bostwick absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 4 minutes (4:41-4:45) ~ • 01-26-04 Page 19 JANUARY 26, 2004 PLANNING COMMISSION MINUTES ! 5a. CEQA NEGATIVE DECLARATION Approved 5b. WAIVER OF CODE REQUIREMENT Approved 5c. CONDITIONAL USE PERMIT NO. 2003-04806 Granted OWNER: T.A.C.O. LLC, Dudley Frank, 1844 South Haster Street, Anaheim, CA 92802 AGENT: Peter Collino, 3910 East Coronado, Building G, Anaheim, CA 92807 LOCATION: 210 East Katella Avenue. Property is approximately 15.31 acres, located south and east of the southeast corner of Katella Avenue and Haster Street (EI Cantarito Agua Pura). Request to permit a fast food restaurant in connection with an existing water store and juice bar within a legal nonconforming retail center with waiver of minimum number of required parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-11 sr8679dh.doc Chairperson Vanderbilt-Linares opened the public hearing. Della Herrick, Associate Planner, introduced Item No. 5, Conditional Use Permit No. 2003-04806. ~ ApplicanYs Statement: Peter Collino, 3910 E. Coronado, Building G, Anaheim, stated he is the representative of the EI Cantarito Agua Pura store, and is present to answer any questions, he indicated he doesn't have any concerns with the staff report. THE PUBLIC HEARING WAS CLOSED. Commissioner Flores stated she visited the site yesterday and noticed they had a pastry book to order cakes, and she was informed that the cakes are made at home. She asked if that is permitted. Mrs. Herrick stated what the applicant is requesting should be done on site and the issue might need to be checked with the Health Department. Mr. Collino clarified that the gentleman that runs the shop is a chef at the Four Seasons Hotel and he believes that the cakes are made at the Four Seasons Hotel facility, permitted by the employer. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITtON: None ACTION: Approved CEQA Negative Declaration Approved Waiver of Code Requirement ~ 01-26-04 Page 20 JANUARY 26, 2004 PLANNING COMMISSION MINUTES • Granted Conditional Use Permit No. 2003-04806 (to permit a fast food restaurant in connection with an existing water store and juice bar within a legal nonconforming retail center), subject to the conditions of approval as stated in the staff report dated January 26, 2004. VOTE: 6-0 (Commissioner Bostwick absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 5 minutes (4:46-4:51) ~ \ .J 01-26-04 Page 21 JANUARY 26, 2004 PLANNING COMMISSION MINUTES ~ • ~ 6a. CEQA NEGATIVE DECLARATION Continued to 6b. WAIVER OF CODE REQUfREMENT February 9, 2004 6b. CONDITIONAL USE PERMIT NO. 2003-04816 OWNER: Southern California Edison, 14799 Chestnut Street, Westminster, CA 92683 AGENT: Guthrie Ishii Engineers, Inc., 5300 East Orange Avenue, Suite 221, Cypress, CA 90630 LOCATION: 2721 West Lincoln Avenue & 2720 West Lincoln Avenue. Parcei 1: Property is approximately 4 acres, having a frontage of 265 feet on the north side of Lincoln Avenue, located 210 feet west of the centerline of La Reina Circle. Parcel 2: Property is approximately 1.8 acres, having a frontage of 132 feet on the south side of Lincoln Avenue, located 587 feet west of the centerline of Stinson Street. Request to permit recreational vehicle storage and accessory offices with waivers of: (a) maximum wall height, and (b) minimum front yard setback. Continued from the January 12, 2004, Planning Commission Meeting. CONDITIONAL USE PERMIT RESOLUTION NO. sr1140cw.doc OPPOSITION: None ACTION: Commissioner Eastman offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioner Bostwick absent), to continue the subject request to the February 9, 2004, Planning Commission meeting as requested by the appiicant in order to submit revised landscape plans. VOTE: 6-0 (Commissioner Bostwick absent) DISCUSStON TIME: This item was not discussed. 01-26-04 Page 22 JANUARY 26, 2004 PLANNING COMMISSION MINUTES • 7a. CEQA NEGATIVE DECLARATION Approved 7b. WAIVER OF CODE REQUIREMENT Approved 7c. CONDITIONAL USE PERMIT NO. 2003-04808 Granted OWNER: Sarkis Tatarian, 618 East Ball Road, Anaheim, CA 92805 AGENT: Chris Ketz, 5390 East 8th Street, Long Beach, CA 90804 LOCATION: 618 East Ball Road. Property is approximately 0.88-acre, having a frontage of 204 feet on the south side of Ball Road, located 220 feet east of the centerline of Allec Street (Audioland). Request to retain an automobile audio system installation facility with accessory retail sales with waiver of minimum number of required parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-12 sr5079jr.doc Chairperson Vanderbilt-Linares opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 7, Conditional Use Permit No. 2003-04808. He informed that staff visited the site this past Friday, and it appears maintenance needs to be done on the • west elevation of the building where the canopies are in bad shape and that area is very dirty. Applicant's Statement: Pat Brown, 5390 E. 8'h Street, Long Beach, CA, stated he read the staff report and would like clarification on Condition Nos. 1, 2, 3 and 5. Chairperson Vanderbilt-Linares and Mr. McCafferty gave clarification regarding Condition Nos. 1, 2, 3 and 5. THE PUBLIC HEARING WAS CLOSED. Commissioner Flores asked if the canopies have been removed. Taymour Nesheiwat, 616 E. Ball Road, Anaheim, stated the green canopies along the side have just recently been put up. Mr. McCafferty informed the canopies appear that they need to be washed and the west elevation may need some painting. Mr. Nesheiwat was in agreement to take care of the issue. Further discussion took place amongst the Commissioners, staff and the applicant regarding Condition No. 2 Mr. Brown asked what options do they have to allow for the sign to remain, and in obtaining a variance. ~ Mr. McCafferty stated the Zoning Administrator could look at it which wouid be a shorter time period, and he suggests leaving Condition No. 2 as it is and since they don't have a permit to ensure they are exact of the dimensions of the sign and if it does exceed what the code currently permits then they would process 01-26-04 Page 23 JANUARY 26, 2004 PLANNING COMMISSION MINUTES ~ a sign variance through the Zoning Administrator. He noted if it could be demonstrated that the sign meets current code then there is no issue. Chairperson Vanderbilt-Linares stated that would be action to be taken by the applicant. OPPOSITION: None ACTION: Approved CEQA Negative Declaration Approved Waiver of Code Requirement Granted Conditional Use Permit No. 2003-04808 (to retain an automobile audio system installation facility with accessory retail sales), subject to the conditions of approval as stated in the staff report dated January 26, 2004, with the following modifications: Modified Condition No. 2 to read as follows: 2. That the owner/petitioner shall obtain permits for the wall signs on the north and west elevations, and that the sign on the north elevation shall be reduced in size to comply with the Code. Said information shall be specifically shown on plans submitted for Zoning Division approval. r Deleted Condition No. 1 VOTE: 6-0 (Commissioner Bostwick absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 18 minutes (4:52-5:10) ~ 01-26-04 Page 24 JANUARY 26, 2004 PLANNING COMMISSION MINUTES ~ 8a. CEQA NEGATIVE DECLARATION Approved 8b. CONDITIONAL USE PERMIT NO. 2001-04430 Approved retroactive (TRACKING NO. CUP2003-04821) extension of time for 8c. TENTATIVE PARCEL MAP NO. 2001-157 one (1) year (to expire (TRACKING NO. SUBTPM2003-00010) on July 30, 2004) OWNER: Cu V. Nguyen, 7772 15'h Street, Westminster, CA 92683 Approved AGENT: Ky Gia Dao, 7772 15th Street, Westminster, CA 92683 LOCATION: 203 N. Coffman Street. Property is approximately 0.27- acre, having a frontage of 61 feet on the west side of Coffman Street, located 430 feet north of the centerline of Center Street. Request a retroactive extension of time to comply with conditions of approval for a one-lot condominium subdivision to construct 3 detached condominium residences with waivers of: a) maximum structural height and b) required landscaped setback adjacent to a single-family zone and to re-establish a one-lot condominium subdivision to construct 3 detached condominium residences. sr5078jr.doc Chairperson Vanderbilt-Linares opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 8, Conditional Use Perm it No. 2001-04430 and ~ Tentative Parcel Map No. 2001-157. He informed the applicant just recently had to leave the meeting, but indicated he is in agreement with the conditions of approval listed in the staff report. THE PUBLIC HEARING WAS CLOSED. After action was taken. Commissioner Flores stated she agrees with adding the residential, but asked if it is going to crowd the neighborhood. Mr. McCafferty responded they comply with the parking requirements for the type of units being constructed and indicated the subject area along Coffman Street there are a couple more lots that are vacant, and doesn't feel the subject request would have a negative affect. Commissioner Flores suggested if any other construction is done in the area to consider single-family. Greg Hastings, Zoning Division Manager, stated several years ago the Planning Commission and he believes the City Council looked at the area and determined what the General Plan is today and the zoning primarily for both sides of the street was appropriate at the time. It was a single-family area and it was converting very quickly to multi-family and it was determined at that time that the general plan and the zoning were appropriate. He agreed it is very dense, but on Coffman Street single-family is not protected it is generai planned and some of them are zoned for multiple family. ~ ~ 01-26-04 Page 25 JANUARY 26, 2004 PLANNING COMMISSION MINUTES ~ • • ~ ~- • - ~ • • ~ • OPPOSITION: None ACTION: Approved CEQA Negative Declaration. Commissioner Eastman offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioner Bostwick absent), that the Anaheim City Planning Commission does hereby approve the request for a one (1) year extension of time (to expire on July 30, 2004) based on the following: (i) That this is the second request for an extension of time to comply with conditions of approval. (ii) That although there has been property maintenance issues in the past, the property is currently being maintained and that there are no outstanding complaints or violations on file with the Code Enforcement Division. (iii) That there have been no changes to the Anaheim General Plan Land Use Element or zoning code that would affect this project. No additional information or changed circumstances are present which would contradict the facts used to support the required findings for approval of this conditional use permit. ~ Approved Tentative Parcel Map No. 2001-157 (Tracking No. SUBTPM2003-00010) to establish a one-lot, condominium subdivision to construct 3 detached condominium residences, subject to the conditions of approval as stated in the staff report dated January 26, 2004. VOTE: 6-0 (Commissioner Bostwick absent) Selma Mann, Assistant City Attorney, presented the 10-day appeal rights for the Tentative Parcel Map and the 22-day appeai rights for the Conditional Use Permit. DISCUSSION TIME: 5 minutes (5:11-5:16) ~ 01-26-04 Page 26 JANUARY 26, 2004 PLANNING COMMISSION MINUTES ~ MEETING ADJOURNED AT 5:19 P.M. TO MONDAY, FEBRUARY 9, 2004 AT 10:30 A.M. FOR A WORKSHOP ON CHURCHES. THE DISCUSSION OF BOARDS AND COMMITTEES APPOINTMENTS AND THE WORKSHOP ON THE BROWN ACT DUE PROCESS REQUIREMENTS AND NEXUS FINDINGS WAS CONTINUED TO MARCH 8, 2004. Respectfully submitted: ~ -'~z~y /~Z~s~'4° Elly Morris Senior Secretary Received and approved by the Planning Commission on ~ , 2004. • 01-26-04 Page 27