The URL can be used to link to this page

Minutes-PC 2004/02/09 (2)~ PLANNING COMMISSION MINUTES MONDAY, FEBRUARY 9, 2004 ~ Councii Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California CHAIRPERSON: JAMES VANDERBILT-LINARES CHAIRPERSON PRO-TEMPORE: GAIL EASTMAN COMMISSIONERS PRESENT: PAUL BOSTWICK, KELLY BUFFA, CECILIA FLORES JERRY O'CONNELL, DAVID ROMERO COMMISSIONERS ABSENT: STAFF PRESENT: ~~~ Selma Mann, Assistanf ~ity %~ttor Greg McCafferty, Pri ~~I PI~~ Alfred Yalda, Princi~a ~,~~ansp~rt< ~ ~ ~'- <~,~ AGENDA POS~ft(~{~°~~A~o fpl~ Thursday, Feb~~i~ary ~~200~;~in ii the outside display kiosl~~ ~' ~,~°`~ F ~ ~ ~~ ~ ~~ ~~ ~~~~ ~ CITY OF ANAHEIM !,~eYi.. .~ ~ P'~ ~~~ ~~ ~y ~~.«»..«e: ..~ kt~ ~:X~~~~. ~ _~ ~ ~~. ~ ~ ~ianner,;~ uarneuew~ascier;~ ~~ ~y f the Planning Commi o~ display case located in the foyer Operator ~~t 10:00 a.m. on ~ri~bers, and also in ~~~ ~ ~ ~ ~~ ~ ~ ~ ~~ .,: ~~ PUBLISHE;` ,: ~Anah~;~t~'~B ~ I(~fin ~lewspaper on Thursday, January 15, CALL TO OR[~,E ~~ ~ ~ ~L~~~IN , ~• w~R : • ~ STA~E~ ~ ~z DEU,~L~ A~ ~ MM ENDA ~ RECESS TO ~~TERNOC~`~I PUBL1Cwk~#~~RIN~~SESSI~N~ ~ ~~`` ~' ~ ~ ~ ~~~ ~ ~~~'~~ ~ ~ ~d'~~ RECONVENE T ~'3~ ~UBL,~~~H~i4~NG ~.3 ~P M. ~~ ~ ~ ~ ~~~.~' ~~ ~~. For record keep-ng'p~ur.pose~,~°rf you wt h~ t~~ak`~~a~~ta ~ ent r„~g~rdmg,~~~y itemy r~ the agenda, please complete a speaker c~c~'-an~l s~`brnit lt°t~~~sc~ t~~~ ~~.,.~N~-~ ~~~ ~~~„"-~~ _ ~ ~} m x°~`~ ~ PLEDGE OF ALLEGlANCE Cpmrri ssione~ ROm~ro~ ll`' ~~ ~ ~ `';~~~ ~ ~ ~ ~ ~ ~~ ,~,~~_, ~ *~ ,~ ~.,~ . °~`'"~ ~~"' ~ - PUBLIC COMMENTS ~~ ~ ~~"~~ CONSENT CALENDAR PUBLIC HEARING ITEMS ADJOURNMENT I ------------------------------------------------------------------------------------------------------------------------------------ I H:\DOCS\CLERICALIAGENDAS/AC020904,DOC lannin commission anaheim.net 02-09-04 Page 1 FEBURARY 9, 2004 PLANNING COMMISSION MINUTES ~ RECONVENE TO PUBLIC HEARING AT 1:30 P.M. (At Chairperson Vanderbilt-Linares'requesf, Chairperson Pro-Tempore Eastman conducted the meeting.) PUBLIC COMMENTS: None This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. CONSENT CALENDAR: Items 1-A through 1-G 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 Romero offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED, for approval of Consent Calendar Items (1-A through 1-G) as recommended by staff (Commissioner Bostwick abstained on Items 1-C and 1-E}. UNANIMOUSLY APPROVED After action of the Consent Calendar: Commissioner Romero offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED, to re-open the motion for Item (1-G), and remove the item from the Consent Calendar and rescind the ~ prior action in order to make corrections to the minutes to accurately reflect the Planning Commission's action. Commissioner Romero offered a motion, seconded by Commissioner Bostwick and MOTION CARRIED, for approval of Consent Calendar Item (1-G) wifh modifications made to the supplemental detailed Minutes from the Planning Commission Meeting of December 15, 2003 (Item No. 8, Conditional Use Permit No. 1098}. PLANNING COMMISSION APPC?INTMENTS: Confinued from the November 17, 2003, Planning Commission Meeting. REQUES7 FOR CONSIDERATION OF POTENTIAL APPOINTMENT OF PLANNING COMMISSION REPRESENTATIVES AND ALTERNATES FOR THE FOLLOWING • PARKS AND RECREATION COMMISSION (Current Representative: Chairperson Vanderbilt-Linares) • COMMUNITY DEVELOPMENT ADVISORY BOARD (CDAB) FOR THE BLOCK GRANT PROGRAM (Current Representative: Commissioner Eastman) (Current Alternate: Vacant) Chairperson Vanderbilt-Linares referred to the Parks and Recreation Commission and stated an ordinance (Ordinance No. 5861) was passed by City Council on June 10, 2003, that reconfigured the Parks and Recreation Commission and members to be appointed by the City Council; therefore an appointment of a Planning Commission representative is no longer necessary. • The Community Development Advisory Board (CDAB) for the Block Grant Program no longer exists; therefore an appointment of a Planning Commission representative is no longer necessary. 02-09-04 Page 2 FEBURARY 9, 2QQ4 PLANNING COMMISSION MINUTES ~ 1. REPORTS AND RECOMMENDATIONS A. (a) CONDITIONAL USE PERMIT NO. 3771 (TRACKING NO. CUP2004-04825) Teresita M. Abary, 700 West Orangewood Avenue, Anaheim, CA 92802, requests termination of Conditional Use Permit No. 3771 (to retain a 600 square foot expansion of an existing mini-market, including retail sales of beer and wine for off-premises consumption). Property is located at 700 West Orangewood Avenue. TERMINATION RESOLUTION NO. PC2004-13 • • Terminated (Vote: 7-0) sr3062ey.doc 02-09-04 Page 3 FEBURARY 9, 2004 PLANNING COMMISSION MINUTES ~ • ~ B. (a) CONDITIONAL USE PERMIT NO. 2745 (TRACKING NO. CUP2003-04751) Tim Lee, 1200 South State College Boulevard, Anaheim, CA 92806, requests termination of Conditional Use Permit No. 2745 (to permit a self-service car wash in conjunction with an existing service station). Property is located at 1200 South State College Boulevard - Shel~ Service Station. TERMINATION RESOLUTION NO. PC2004-14 Terminated (Vote: 7-0) sr3061 ey.doc 02-09-04 Page 4 FEBURARY 9, 2004 PLANNING COMMISSION MINUTES • C. (a) CONDITIONAL USE PERMIT NOS. 3580. 3439 AND 3064 (TRACKING NO. CUP2003-04802) Matthew Ferrari, 1333 South Claudina Street, Anaheim, CA 92805, requests termination of Conditional Use Permif Nos. 3580, 3439 and 3064. Properties are located at 1400, 1406, 1412 and 1430 South Anaheim Boulevard and 220 East Palais Road. TERMINATION RESOLUTION NO. PC2004-15 ~ ~ Terminated (Vote: 6-0, Commissioner Bosfirvick abstained since he owns property in the area.) sr8703gk.doc 02-09-04 Page 5 FESURARY 9, 2004 PLANNING COMMISSION MINUTES ~ D. (a) CONDITIONAL USE PERMIT NO. 1098 - REQUEST FOR A NUNC PRO TUNC RESOLUTION (TRACKING NO. CUP2003-04801) City (Planning Department) requests a nunc pro tunc resolution to amend Resolution No. PC2003-170, to correct wording in the resolution incfuding conditions of approval. Property is located at 320 North Park Vista Street - Park Vista Mobilehome Park. NUNC PRO TUNC RESOLUTION NO. PC2004-16 • ~ Approved (Vote: 7-0) sr1143cw.doc 02-09-04 Page 6 FEBURARY 9, 2004 PLANNING COMMISSION MINUTES ~ E. Receiving and approving the Minutes from fhe Planning Commission Meeting of January 26, 2004. (Motion) ACTION: Commissioner Romero offered a motion, seconded by Commissioner O'Conneli and MOTION CARRIED (Commissioner Bostwick abstained), that the Anaheim City Planning Commission does hereby receive and approve the minutes for the Planning Commission meeting of January 26, 2004. F. Receiving and approving supplemental detailed Minutes for Item No. 1-C, Conditional Use Permit No. 2003-04800 (Tracking No. CUP2004-04827) from the Planning Commission Meeting of January 26, 2004, scheduled to be heard as a public hearing item before City Council on Tuesday, February 10, 2004. (Motion) ACTION: Commissioner Romero ofFered a motion, seconded by Commissioner O'Connell and MOTION CARRIED, that the Anaheim City Planning Commission does hereby receive and approve the supplemental detailed Minutes for Item No. 1-C, Conditional Use Permit No. 2003-04800 from the Planning Commission Meeting of January 26, 2004 ~ ~ Approved (Vote: 6-0, Commissioner Bostwick abstained since he was absent for the meeting) Approved (Vote: 7-0) 02-09-04 Page 7 FEBURARY 9, 2004 PLANNING COMMISSION MlNUTES ~ G. Receiving and approving supplemental detailed Minutes for Item No. 8, Conditional Use Permit No. 1098 (Tracking No. CUP2003-04801) from the Planning Commission Meeting of December 15, 2003, scheduled to be heard as a public hearing item before City Council on Tuesday, February 24, 2004. (Motion) ACTION: Commissioner Romero offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED, that the Anaheim City Planning Commission does hereby receive and approve the supplemental detailed Minutes for Item No. 8, Conditional Use Permit No. 1098 from the Planning Commission Meeting of December 15, 2003. After action was taken: L J • Commissioner Romero offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED, to re-open the motion for the subject item, and remove the item from the Consent Calendar and rescind the prior action in order to make corrections to the minutes to accurately reflect the Planning Commission's acfion. Commissioner Romero offered a motion, seconded by Commissioner Bostwick and MOTION CARRIED, for approval of the supplemental detailed Minutes from the Planning Commission Meeting of December 15, 2003, Item No. 8, Conditional Use Permit No. 1098, with the following modifications: Corrected page 18, Condition No, 1, to read as follows: "That the on-site management offices shall be limited to management personnel affiliated with Park Vista Mobilehome Park and/or with other mobilehome parks owned or managed by the owner of the Park Vista Mobilehome Park." DISCUSSION: 2 minutes (2:16-2:18) Approved, with modifications to page 18. (Vote: 7-0) 02-09-04 Page 8 FEBURARY 9, 2004 PLANNING COMMISSION MINUTES ~ PUBLIC HEARING ITEMS: 2a. CEQA NEGATIVE DECLARATION 2b. WAIVER OF CODE REQUIREMENT 2c. CONDITIONAL USE PERMIT NO. 2003-04793 OWNER: Catellus Finance 1, LLC., 201 Mission Street, San Francisco, CA 94105 AGENT: Phil Schwartze, PRS Group, 31682 EI Camino Reai, San Juan Capistrano, CA 92675 LOCATION: 4905 East La Palma Avenue. Property is approximately 6.37 acres, located at the northeast corner of Manassero Street and La Palma Avenue. Request to establish a church within an existing office building with waiver of minimum number of parking spaces. Continued from the January 12, 2004, Planning Commission Meeting CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-17 ~ • Chairperson Pro-Tempore Eastman opened the public hearing. Approved Approved Granted sr5080jr.doc Greg McCafferty, Principal Planner, introduced Item No. 2, Conditional lJse Permit No. 2003-04793. Applicant's Testimony: Philip Schwartze, representing Cornerstone Church, requested approval of a conditional use permit to establish a church in an existing 130,000 square foot office building. THE PUBLIC HEARING WAS CLOSED. Chairperson Vanderbilt asked Mr. Schwartze if the state licensed, 1St through 12th grade, Home School Co-op, was a home school program. Mr. Schwartze responded that the conditional use permit referred to the existing facility that they would be moving from. Commissioner Buffa stated that a prior letter submitted listed the church activities, and she asked how it compared to the letter submitted on October 14, 2003, stating their operations. Mr. Schwartze stafed that the letter he submitted to Commission entailed activities relafing to the existing facility, and if they had additional services beyond those given in the letter, they wished to address those via an additional conditional use permit. Commissioner Bostwick asked if he had any plans to sublease the unused space in the building to tenants. Reverend Rick Dan responded that they hoped to eventually be able to utilize all of the space, and at such time would return to the Commission with the request. Commissioner Buffa stated that she was most interested in the activities involving children. 02-09-04 Page 9 FEBURARY 9, 2004 PLANNING COMMISSION MINUTES . Reverend Dan stated that the co-op was a home schoo~ co-op; not an on campus school, but activities with youth were church related activities. The list was so that Commission could see the kind of work they were doing in the community with the Police Department and Fire Department, and the kind of things they have been doing for the last 14 years in Anaheim. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None IN SUPPORT: A letter was received from the principal of Thomas Edison Elementary School, in support of the subject request. ACTION: Approved CEQA Negative Declaration Approved Waiver of Code Requirement Granted Conditional Use Permit No. 2003-04793 (to establish a church within an existing office/research and development building) subject to the conditions of approval as stated in the staff report dated February 9, 2004. VOTE: 6-1 (Commissioner Bostwick voted no) Selma Mann, Assistant City Attorney, presented the 22-day appea~ rights. ~ DISCUSSION TIME: 19 minutes (1:38-1:57) r 02-09-04 Page 10 FEBURARY 9, 2004 PLANNING COMMISSION MINUTES r ~ 3a. CEQA NEGATIVE DECLARATION Approved 3b. WAIVER OF CODE REQUIREMENT Approved 3b. CONDITIONAL USE PERMIT NO. 2003-04816 Granted OWNER: Southern California Edison, 14799 Chestnut Street, Westminster, CA 92683 AGENT; Guthrie Ishiii Engineers, Inc., 5300 East Orange Avenue, Suite 221, Cypress, CA 90630 LOCATION: 2721 West Lincoln Avenue & 2720 West Lincoln Avenue. Parcel 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 vehicie storage facility and an accessory modu(ar office building with waivers of: (a) maximum wall height, and (b) minimum front yard setback. Continued from the January 12 and January 26, 2004, Planning Commission Meetings. CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-18 sr1142cw.doc Chairperson Pro-Tempore Eastman opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 3, Conditional Use Permit No. 2003-04816. ApplicanYs Testimony: Cliff Guthrie Ishii of Cliff Guthrie Ishii Engineers, representing the applicant, requested approval to permit a recreational vehicle storage facility and an accessory modu~ar office building with waivers. He proposed, regarding Item No. 27, page 9, that in addition to having a security guard that would patrol randomly during closing hours, to have a web cam that would be accessible by anyone to see what was going on; to have a manager that would be on call; and to study it for a year to see if it would become a problem. ~ THE PUBLIC HEARING WAS CLOSED. Commissioner Romero asked the frequency of the random security. Mr. Guthrie lshii responded four times a night; an operator of a vehicle could only remove the vehicle or move it in during operating hours; at night the facility was closed up except for security guard access, and also Anaheim Public Officers and Southern California Edison that might need to come on site. Commissioner Flores wished to clarify if the access gate would be available. Mr. Guthrie Ishii responded that the access gate would be available for Southern California Edison and the City of Anaheim Officers emergency purposes. 02-09-04 Page 11 FEBURARY 9, 2004 PLANNING COMMISSION MINUTES • Chairperson Vanderbilt stated concern that there was a chance the web cam was being recorded on digital media. He asked if there would be a form of video camera that included a motion detector, and would set off an alarm to alert the security guards. Mr. Guthrie Ishii responded yes, if an intruder should trigger the motion detector, it would trigger the alarm for the security company, and the ownership as well as security could respond. Chairperson Pro-Tempore Eastman asked the applicant if he was successfully implementing the web cam security procedure at another facility or if he was drawing it from his own experience. Mr. Guthrie Ishii responded that it was a competitive effort, and web cam and card access, with a person on site during operating hours, was standard security procedure for alt state-of-the-art RV storage facilities. • • ~ •- • ~ • ~ ~ ~ OPPOSITION: A letfer in opposition to the subject request was received prior to today's meeting. IN GENERAL: A letter relaying some concerns was received prior to today's meeting. ACTION: Approved CEQA Negative Declaration Approved Waiver of Code Requirement Granted Conditional Use Permit No. 2003-04816 (to permit a recreational vehicle storage facility and an accessory moduiar office building) subject to the conditions of approval as sta#ed in the staff report dated February 9, 2004, with the following ~ modifications: Modified Condition No. 1 to read as follows: 1. That hours of operation shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Saturday and 8:00 a.m. to 5:00 p.m. on Sunday. That on-site management shall be present during the hours of operation; and that four (4) random security checks, daily, shall be conducted during the hours in which the business is not in operation. Deleted Condition No. 27. Added the following conditions of approval to read as follows: That the conditional use permit shall expire on February 9, 2007. That plans submifted for building and or grading permits shall indicate a 15-foot wide area to be set aside for future trail access. Said trail shall have a minimum of 10-foot clearance from any obstructions including existing utility poles. Furthermore, the proposed 8-foot high-block wall along Lincoln Avenue shall be designed to allow the removal of the portion of the wall needed to accommodate the continuation of the trail across Lincoln Avenue. VOTE: 7-0 Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 17 minutes (1:58-2:15) • 02-09-04 Page 12 FEBURARY 9, 2004 PLANNING COMMISSION MINUTES • Following the subject item, discussion was made pertaining to Item No. 1-G (2:16 p.m.) ~ ~ 02-09-04 Page 13 FEBURARY 9, 2004 PLANNING GOMMISSION MINUTES ~ 4a. CEQA NEGATIVE DECLARATION 4b. WAIVER OF CODE REQUIREMENT 4c. CONDITIONAL USE PERMIT NO. 3796 (TRACKING NO. CUP2003-04824) OWNER: Orange County Buddhist Church, 909 South Dale Avenue, Anaheim, CA 92804 LOCATION: 2823 West Ball Road. Property is approximately 0.56- acre, having a frontage of 9 07 feet on the north side of Ball Road, located 328 feet west of the centerline of Dale Avenue. Request to construct a new accessory parking lot at 2823 West Ball Road, contiguous to and for an existing Buddhist Temple with waivers of: (a) minimum landscape setback adjacent an arterial highway and (b) maximum fence height. CONDITIONAL USE PERMIT RESOLUTION NO. Chairperson Pro-Tempore Eastman opened the public hearing. Continued to March 8, 20Q4 sr8701 g k.doc Greg McCafferty, Principal Planner, introduced Item No. 4, Conditional Use Permit No. 3796 (Tracking No.CUP2003-04824). ApplicanYs Testimony: ~ Louie Yamanishi, representing The Orange County Buddhist Church, requested approval to construct a new accessory parking lot at 2823 West Ball Road, contiguous to and for an existing Buddhist temple with waivers. He stated that in trying to alleviate any inconvenience to the adjoining residential neighbors, he was requesting a cantinuance in order to submit a proposal for a more efficient configuration for the parking. THE PUBLIC HEARING WAS CLOSED. Chairperson Vanderbilt stated that in a residential area Commission wished to avoid fortifying or giving the appearance that the property would create a different feel for the neighborhood, and that a lot of times, only a chain was used to cut off parking lot use. Therefore, he asked, if it was necessary to have a 6-foot high fence when a 3-foot high fence could achieve the same effect. Mr. Yamanishi responded that because they have had a few problems in the past, they were proposing to put in an attractive 6-foot wrought iron fence to prevent ready access through the parking lot. The Commissioners concurred that the new design appeared to be better, and agreed to review the new plans on March 8, 2004. • • ~ ~ - • ~ • • ~ • OPPOSITION: None ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED, to continue the subject request to the March 8, 2004, Planning Commission meeting in order to advertise an additiona( waiver due to revised plans. ~ VOTE: 7-0 DISCUSSION TIME: 16 minutes (2:19-2:35) 02-09-04 Page 14 FEBURARY 9, 2004 PLANNING COMMISSION MINUTES ~ 5a. CEQA CATEGORICAL EXEMPTION - CLASS 1 5b. CONDITIONAL USE PERMIT NO. 2003-04822 OWNER: Arman Akarakian, 315 Rees Street, Playa Del Rey, CA 90293 AGENT: Dave Tanizaki, 601 East Glenoaks Boulevard, Glendale, CA 91207 LOCATION: 5635 East La Palma Avenue. Property is approximately ~.6 acres, having a frontage of 275 feet on the north side of La Palma Avenue, located 300 feet west of the centerline of Imperial Highway (Cinema City Theatres). Request to permit an amusement arcade within an existing movie theater. CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-19 Chairperson Pro-Tempore Eastman opened fhe public hearing. Concurred with staff Granted sr8697av.doc Greg McCafferty, Principal Planner, introduced Item No. 5, Conditional Use Permit No. 2003-04822. Applicant's Testimony: Dave Tanizaki, Tanizaki & Associates, Glendale, CA, requested approval to permit an amusement arcade within an existing movie theater. ~ THE PUBLIC HEARING WAS CLOSED. Chairperson Vanderbilt asked the representative to comment on the status of the parking structure being inaccessible to the public. Daniel Akarakian responded that it was accessible; and it was not permanently sealed but just closed off with a roll down door. Commissioner Bostwick and Commissioner Buffa concurred that sometimes there was not enough parking and people ended up parking in the retail center. Mr. Akarakian stated that the theatre had the right to use 30 of the parking spaces with the shopping center and all the parking spaces around the bank, but that those areas tended to fill up first, whether the parking structure was open or not. And 99 percent of the time all of the back parking from midway to the railroad tracks were vacant. On average, they were spending $400.00 a month replacing fire hoses, broken lights, etc., so through the Fire Department they took precautions and closed off the stairways to make the area safer. Commissioner Romero asked how they would monitor people not paying for a movie, but going in ta play the arcade games. Mr. Akarakian responded that it was almost impossible to get to the arcade games w+thout paying, because in order to get into the front door a ticket must be submitted to an usher; and the arcade games were located in the secondary lobby. • 02-09-04 Page 15 FEBURARY 9, 2004 PLANNING COMMISSION MINUTES • ~ • • •- • - ~ • • ~ ~ OPPOSITION: A letter was received in opposition to fhe subject request. ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Flores and MOTION CARRIED, 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, categoricafly exempt from the requirement to prepare additional environmental documentation. Granted Conditional Use Permif No. 2003-04822 (to permit an amusement arcade within an existing movie theater) subject to the conditions of approval as stated in the staff report dated February 9, 2004. VOTE: 7-0 Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 11 minutes (2:36-2:47) ~ ~ 02-09-04 Page 16 FEBURARY 9, 2004 PLANNING COMMISSION MINUTES ~ 6a. CEQA CATEGORICAL EXEMPTION - CLASS 3 6b. WAIVER OF CODE REQUIREMENT 6c. CONDITIONAL USE PERMIT NO. 2003-04823 OWNER: Tosco Corp, 2530 East La Palma Avenue, Anaheim, CA 92806 AGENT: Naresh Patel, 1907 Los Alamitos Drive, Placentia, CA 92870 LOCATION: 2530 East La Palma Avenue. Property is approximately 0.48-acre, located at the southeast corner of La Palma Avenue and Sunkist Street. Request to remodel and expand an existing service station with a convenience market and accessory seif-serve car wash with waiver of structural setback and yard requirements abutting an arteriai highway. CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-20 Chairperson Pro-Tempore Eastman opened the public hearing. Concurred with staff Approved Granted sr5081jr.doc Greg McCafferty, Principal Planner, introduced Item No. 6, Conditional Use Permit No. 2003-04823. ~ Applicant's Testimony: Ashok Parikh, 5800 A Hannum #230, Culver City, CA, representing Mr. Patel, purchaser from Tosco Corp, requested an approval to remodel and expand an existing service station with a convenience market and accessory self-serve car wash with waivers. He stated concern with page 7, Item Na. 4, recommendation for the car wash hours from 8 a.m. to 8 p.m., and requested to operate from 7 a.m. to 9 p.m., especially in the summer. THE PUBLIC HEARING WAS CLOSED. Chairperson Pro-Tempore Eastman asked if using daylight savings time would be fair. Commissioner Bostwick stated that the car wash tunnel would exit towards La Palma Avenue. It was a long way from other uses, and since the schoolyard was behind it, it would not create a noise problem. Greg McCafferty, Principal Planner, suggested 7 a.m. to 9 p.m. absolute. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Flores and MOTION CARRIED, that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falls within the definition of Categorical Exemptions, Class 3(New Construction or Conversion of Small Structures), as defined in the ~ California Environmental Quality Act (CEQA} Guidelines and is, therefore, categorically exempt from the requirement to prepare additional environmental documentation. Approved Waiver of Code Requirement 02-09-04 Page 17 FEBURARY 9, 2004 PLANNING COMMISSION MINUTES • Granted Conditional Use Permit No. 2003-04823 (to remodel and expand an existing service station with a convenience market and accessory self-serve car wash) subject to the conditions of approval as stated in the staff report dated February 9, 2004, with the following modifications: Modified Conditions Nos. 4, 10 and 43 to read as follows: 4. That the hours of operation of the carwash facility shall be from ~. . ., 7 a.m. to 9 p.m., daily. 10. That during business hours of the service station/convenience market, se~a~ate ' ' one (1) unisex restroom shall be availabie to the public, and shall be properly supplied and mainfained. Said facilities shall be specifically shown on the plans submitted for building permits. 43. That +ho +,.,,, ,~r;.,o~.,.,,,~ „o,ro~+ +ho ~+roo+ ;.,+or~o,.+;,,~ the driveway on La Palma Avenue closest to the intersection and the driveway on Sunkist Street furthest from the intersection shall be removed and replaced with a curb, gutter, sidewalk and landscaping in conformance with engineering standard plans. VOTE: 7-0 Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. ~ DISCUSSION TIME: 8 minutes (2:48-2:56) ~ 02-09-04 Page 18 FEBURARY 9, 2004 PLANNING COMMISSION MINUTES ~ 7a. CEQA CATEGORICAL EXEMPTION - CLASS 3 7b. VARIANCE NO. 2004-04596 OWNER: Jesus Ochoa, 3126 Tyler Avenue, Anaheim, CA 92801 AGENT: Myrna Ochoa, 3126 West Tyler Avenue, Anaheim, CA 92801 LOCATION: 3126 West Tvler Avenue. Property is approximately 0.17- acre, having a frontage of 63 feet on the south side of Tyler Avenue, a maximum depth of 115 feet, located 410 feet west of the centerline of Grand Avenue. Request waiver of maximum fence height to permit and retain an existing 6-foot high fence within the required front yard setback. VARIANCE RESOLUTION NO. PC2004-21 Chairperson Pro-Tempore Eastman opened the public hearing. Concurred with staff Denied sr8702av.doc Greg McCafferty, Principai Planner, introduced Item No. 7, Conditional Use Permit No. 2004-04596. Appiicant's Testimony: Myrna Ochoa, 3126 W. Tyler Avenue, Anaheim, CA, requested a waiver to retain and permit an existing ~ 6-foot high fence, within the required front yard setback, to secure her family from gang members. Public Testimony: Nabil M. Assaad, 3146 W. Tyler Avenue, Anaheim, CA, concurred that the neighborhood was not safe; opposed the 6-foot high fence because it was unsightly, and would seclude the property from others in the neighborhood; and expressed feelings that the City had neglected the area. Youssef Assaad, 3139 W. Tyler Avenue, Anaheim, CA, concurred that the City had neglected the neighborhood with regards to lighting, sidewalks, etc., but suggested the applicant could call 9-1-1 for security issues. ApplicanYs Rebuttal: Ms. Ochoa stated that as a mom, she needed to protect her children, who had been assaulted by her brother, a gang member. She and her husband spent $10,000 on the wrought iron fence using credit cards, and also refinancing their home. Chairperson Vanderbilt stated concern that the fence line was currently in the public right-of-way and would be even more so due to the widening project slated for the area. Alfred Yalda, Principal Transportation Planner, stated that the street(ights would sit 2 feet behind the sidewalks, and 4 to 5 feet would be necessary for a handicap access ramp. Commissioner Flores asked Ms. Ochoa if they installed the wall because they were afraid of drive-by shootings or fhat gang members would jump over the wall. ~ Ms. Ochoa responded that her brother has broken into their home before; gang members were stalking them; they have an alarm system; and police response was slow. 02-09-04 Page 19 FEBUFtARY 9, 2004 PLANNING COMMISSION MINUTES ~ Commissioner Bostwick explained she was defeating the purpose of being open and visible - anyone could hop over the fence, and once inside the neighbors would not be able to see him. Ms. Ochoa stated that in 199Q, when the inspector came out, they were not informed that they could not build the fence - the regular block with the pilaster. Commissioner Flores asked when the wrought iron was put in. Ms. Ochoa responded, "the day before Thanksgiving of last year". Commissioner Romero asked if there were any permits pulled on the property. Mr. McCafferty stated that there was no evidence of a building permit being pulled for the pilasters. Commissioner Flores stated fhat unfortunately the fence was placed in the wrong location and would have to come down. Commissioner Eastman asked if they ever came to the City to request information on what was legal and what was not legal on their property. Ms. Ochoa responded no, because they were told that they did not need one. Mr. McCafferty stated that prior to 1990 the fence would still not have met code. Prior to 1990 the City had a 20-80 formula where they could have 6-foot high pilasters in between a 6-foot wrought iron fence panel and a course of brick on the bottom. Commissioner Buffa stated that despite the Commissioners personal inclinations, they had to evenly and ~ equitably enforce the code, and there was no reason to apply the code differently in the subject case than anywhere else. Chairperson Pro-Tempore Eastman expressed that she could file an appeal to the City Council, who had different powers than the Commission. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: 2 people spoke in opposition to the subject request. IN SUPPORT: 4 letters were received in favor of the subject request. ACTtON: Commissioner Buffa offered a motion, seconded by Commissioner Bostwick and MOTION CARRIED, that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falls within the definition of Categorical Exemptions, Class 3(New Construction or Conversion of Small Structures), as defined in the California Environmental Quality Act (CEQA) Guidelines and is, therefore, categorically exempt from the requirement to prepare additional environmental documentation. Chairperson Vanderbilt offered a motion to continue the subject request to the March 8, 2004, Planning Commission meeting and the motion FAILED TO CARRY, with the following vote: AYES: Ftores, Vanderbilt NOES: Bostwick, Buffa, Eastman, Romero, O'Connell ~ ABSENT: None 02-09-04 Page 20 FEBURARY 9, 2004 PLANNING COMMISSION MINUTES ~ Denied Variance No. 2004-04596 (waiver of maximum fence height to retain and permit an existing 6-foot high fence within the required front yard setback) based upon the testimony presented at today's meeting and as stated in the staff report dated February 9, 2004, as follows: (i) That there are no special circumstances applicable to the property pertaining to topography, location, and surroundings, which do not apply to other identically zoned properties in the vicinity. (ii) That since no other front yard fence height variances have been granted within the vicinity of the subject site, strict application of the Zoning Code would not deprive this property of privileges enjoyed by other properties under identical zoning classification in the vicinity. (iii) That ample recreation/leisure area exists in the secured rear yard of this property. (iv) That the fence is currently located within the public right-of-way which is reserved for public improvements such as sidewalks and parkways. ~~ LJ VOTE: 6-1 (Commissioner Flores voted no) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 33 minutes (2:57-3:30) MEETING ADJOURNED AT 3:31 P.M. TO MONDAY, MARCH 8, 2004 AT 11:00 A.M. FOR PRELIMINARY PLAN REVIEW. (Due to no new cases filed for this meeting the February 23, 2004, Planning Commission meeting has been cancelled.) ~ Respectfully submitted: ~ ~ at Chandler Senior Secretary Received and approved by the Planning Commission on , 2004 . 02-09-04 Page 21