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Minutes-PC 1993/08/23~. ACTION AGENDA REGULAR MEETING OF THE ANAHEIM CITY PLANNING COMMISSION MONDAY, AUGUST 23, 1993, AT 11:00 A.M. PRELIMINARY PLAN REVIEW 'r'UBLIC HEARING (!'UBLIC TESTIMONY) 11:00 A.M. 1:30 P.M. COMMISSIONERS PRESENT: BOYDSTUN, CALDWELL, HENNINGER, MAYER, MESSE, ~~ERAZA, TAIT COMMISSIONERS ABSENT: NONE PROCEDURE TO EXPEDITE PLANNING COMMISSION PUBLIC HEARINGS 1. The proponents in applications which are not contested will have five minutes to present their evidence. Additional time will be granted upon request ff, in the opinion of the Commission, ', such additional time will produce evidence important to the Commission's consideration. 2. In contested applications, the proponents and opponent will each be given ten minutes to present their case unless addftional time is requested and the complexity of the matter r. warrants. The Commission's considerations are not determined by the length of time a participant speaks, but rather by what is said. 3. Staff Reports are part of the b:~ience deemed received by the Commission in each hearing. Copies are available to the public prior to the meeting. 4. The Commission will withhold questions until the public hearing is closed. 5. The Commission reserves the right to deviate from the foregoing ff, in its opinion, the ends of fairness to all concerned will be served. 6. All documents presented to the Planning Commission for review (n connection with any hearing, including photographs or other acceptable visual representations or nan~documentary evidence, shail be retained by the Commission for the public record and shall be available for public inspections. 7. At the 9nd cf the scheduled hearings, members of the public w!II be allowed to speak on Items of Interest which are wffhin the jurisdiction of the Planning Commission, and/or agenda hems. Each speaker will be allotted a maximum of five (5) minutes to speak. ACA82393.WP I 1a. ,~~SOA EXEMPTION SECTION 15061 No Action 1 b. SPECIMEN TREE REMOVAL PERMIT N0.93.05 Approved .-. OWNER: SHADOW MOUNTAIN H.O.A., 289 S. Leandro Street, Anaheim, CA 92807 AGENT: PABORWEST ASSOC., ATTN: Frank Angulo, 28792 Vista Aliso Rd., Trahuco, CA 92679 LOCATION: Subject propem consists of three (3) separate parcels of land described as follows: Parcel No. t: Subject property is an (regularly-shaped parcel of land consisting of approximately 0.21 acre, having a frontage of approximately 59 feet on the north side of Leandro Street having a maximum depth of approximately 140 feet. Parcel No. 2: Subject property is an Irregularly-shaped parcel of land consisting of approximately 0.40 acre, having a frontage of apF~oximately 44 feet on the east skis of Leandro Street, having a maximum depth of approximately 204 feet. Parcel No. 3: Subject property is rectangularly-shaped parcel of land consisting of approximately 0.24 acre, having a frontage of approximately 72 feet on the east side of Leandro Street, having a maximum depth of approximately 182 feet. Petftioner requests approval of a specimen tree removal permft to permft the removal of three specimen trees (one for each subject properly). ~ FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSIOA ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: None INTERESTED: 1 person PETITIONtR'S COMMENTS: Ray Rocks, 5910 E. Marshall Circle, Anaheim, Ca. He stated there are 2 eucalyptus trees; one is overhanging a driveway; would like to plant pine trees elsewhere on the property; the other eucalyptus is on another parcel and it is bowed. It is located near the rear fence and the house fs rather close to the lot Ilne and the homeowners say that in severe Santa Ana winds, ft blows at about 70 mph. The residents say ft bends over enough to almost touch the house with some of fts branches. They would like to remove ft and replace ft wfth 2 pine trees in the adjacent area. The third one is a sycamore which is another parcel and is close to a spillway. That one is also at a 45 degree angle like the first one; ft is growing to daylight and the arborist says he saw some evklence of root rot on that tree. They would like to remove this one also and replace ft wfth 2 pine tree. 8.23-93 Page 2 INTERESTED PARTIES: Meiv(n Hunt, 273 South Hilicrest. Had general questions on which tree was going to be removed an Parcel 3. Photos of the trees from the files were shown to Mr. Hunt. f THE PUBLIC HEARING WAS CLOSED. Commissioner Taft asked if there was any reason why they were changing the type of tree? Mr. Rocks explained that the sycamores require a loi more maintenance. The Canary Island pine has a lot less maintenance and ft allows the wind to blow through easily. i Commissioner Mes.:~ asked about the eucalyptus tree in the front yard. He asked for the reason why ft was growing at the angle ft was growing? Mr. Rocks stated he had no klea. ACTION: Approved Specimen Tree Removal Permft No. 93-05 (To remove all three spec4^~en trees.) VO': y: 7-0 8.23-93 Page 3 v 2a. CEOA NEGATIVE DECLARATION I Approved 2b. WAIVER OF CODE REQUIREMENT Approved 2c. CONDITIONAL USE PERMIT N0. 3828 Granted OWNER: KOLL BUSINESS CENTER LA PALMA, A California General Partnership, 2970 E. La Palma Ave., Anaheim, CA 92806 AGENT: SET FREE CHURCH OF ANAHEIM HILLS INC., 421 S. Mohler DrNe, Anaheim, CA 92808 LOCATION: 2995-B WHITE STAR AVE. Property is approximately 3.7 acres located at the northeast comer of Whke Star Avenue and Armando Street. To permft a 9,400-square foot church in the ML Zone wfth waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION N0. PC93-95 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: None PETITIONER'S COMMENTS: Pastor Charlie Warcen, 421 South Mohler Drive, Anaheim Hills, CA. He is the Pastor of the Jesus' Lord Church. They originally started out one year ago as a neighborhood church Ira Anaheim Hills. They were invfted by a church on La Palma to join them and share their facilfty. It is near the comer of Imperial Highway and La Palma. He pointed out that there is an error. Apparently staff was under the assumption that they were located near State College Blvd. They have been located in what use to be the old Vineyard Church. They were formally affiliated wfth the Set Free Church, however, earlier this summer they resigned from that affiliation. He elaborated. The church they are curcenfly sharing the facilky wfth has grown and they have asked them to find new property for their congregation. They have secured a lease with Koll Company at the Koll Business Center. They will be using the property primarily on Sundays. Their services are at 9:30a.m. Sunday morning and 6:30p.m. on Sunday evening. The businesses that are open on Sundays open at 12:OOp.m. and close at S:OOp.m. to 5:30p.m. They have designed their use so that ft will in no way Interfere wfth the traffic or the parking. They want to be goad neighbors. 8.23-93 Page 4 They do have a mkt week Bible service on Thursday nights at 7:OOp.m. and again the stores close before that. He stressed that they are asking to utilize the property on off business hours and at times when ft will not create a parking or traffic problem. They wili occasionally have other smaller meetings like a Deacon's meeting or choir meeting or a meeting of the musicians in the evenings. They have a youth group that will be having meetings on aitemate Saturday evenings. This was not mentioned in the original CUP because they had not decided on ft at that time and also they dkl not come back and amend it because he felt it was covered in the miscellaneous meetings. They only have about 20 young people in their youth group. He elaborated on the type of activities they would have. Again ff would be on off hours and would not be a traffic problem or a parking problem. There would also be adult supervision. Their purpose is to work with the youth and teach them biblical values and how to be better citizens, husbands, wives, fathers and mothers. This property has been vacant for 2-1 /2 years and is located at the end of a dead end street. It is not a good retail business location because of the dffOcuity of finding K. They think those negatives as a retail use are positives for them. IN FAVOR: Richard Chute, 2701 Adams, Orange, CA. He gave a brief summary on the intention of their use. They believe in helping their community and society. THE PUBLIC HEARING WAS CLOSED. DISCUSSION: Commissioner Boydstun asked how many members they had in their congregation. Pastor Warren indicated they had approximately 150 members, however, he put 200 on the application just to be safe. Commissioner Boydstun asked for ~~Iariflcation on what hours their group met on Saturdays. Pastor Warren explained they are proposing every other Saturday night from about 7:30p.m. to 9:30p.m. or t0:00p.m. Commissioner Messe asked about summer youth day time activities. Pastor Warren stated they do have activities, however, they are not on the church property. They take their youth to the beach, to parks and occasionally do outreaches in other parts of the County. Ha emphasized it is not on the facility. He elaborated. Commissioner Messe asked ff they would meet at this facility? 8.23-93 Page 5 O,,,r Pastor Warren stated they could possibly meet there at 8:30a.m. and park 5 or 6 cars and go in two or three cars. He stated that factliry has 213 parking spaces and 3 stores. The utilization is very, very small. They have been watching it for 3 months ,^ and they have never seen more then 7 or 8 cars in the parking lot during that entire time. Commissioner Messe stated that the Ordinance states that there should be no activities during the daylight hours. Pastor Warren explained that they will have 3 or 4 employees there. At the most, there may be 5 or 6 cars. They do not propose any large actNiry In the day time. ACTION: Approved CEOA Negative Declaration Approved Waiver of Code Requirement Granted Conditional Use Permit No. 3628 and added the following condltlons: 1. That the hours of operation for subject church shall be limited as follows: ~ Church Office - Monday through Friday from 10:00 a.m. to 4:00 p.m Blbie Study - Thursdays at 7:00 p.m. Youth Group Activities - Fridays and Saturdays from 7:30 p.m. to 10:00 p.m. Church Service - Sundays at 9:30 a.m and 6:30 p.m. 2. That the number of this congregation shall be limited to two hundred (200) people. VOTE: 7-0 ~~ 8-23-93 Page 6 1./ {~ 3a. CEOA NEGATIVE DECLARATION Wfthdrawn 3b. CONDITIONAL USE PERMIT N0.3631 OWNER: KAISER FOUNDATION HOSPITALS, ATTN: Kevtn Becker, 393 E. Walnut St., Pasadena, CA 91188 LOCATION: 441 NORTH LAKEVIEW AVENUE. Property is approximately 9.2 acres Located at the northwest comer of Riverdale Avenue and Lakeview Avenue. To retain a mobile medical (MRI) trailer. CONDITIONAL USE PERMIT RESOLUTION N0. ~. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE ~ CONSIDERED OFFICIAL MINUTES. OPPOSITION: None ACTION: SubJect request was wRhdrawn as requested by the petitioner. VOTE: 7-0 8-23.93 Page 7 f ~./ 4a. CEQA CATEGORICALLY EXEMPTION CLASS 11 I No Action 4b. CONDITIONAL USE PERMIT N0.3429 Approved OWNER: HOME DEPOT, 3200 E. Lincoln Ave., Anaheim, CA 92801 AGENT: MARLENE BROWN, 12351 Morrie Lane, Garden Grove, CA 92805 LOCATION: 2300 W. LINCOLN AVENUE. Property is approximately 9.1 acres located on the south side of Lincoln Avenue approxlmately 655 feet east of the centerline of Gilbert Street. To amend or delete a condition of approval pertaining to the time limitation for a portable food service use (hot dog cart) in conjunction with a permitted retail store (The Home Depot). CONDITIONAL USE PERMIT RESOLUTION NO. PC93.96 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: None PETITIONER'S COMMENTS: Marlene Brown, 12351 Morrie Lane, Garden Grove, CA. They have done everything they were asked to do in the past two years; they move the trash daily and they have ,-- operated the stands 7-days a week other than Christmas for two years and they have complied wfth all of the regulations for a permft. They are asking that they do not have to come back again and that they can continue to operate. THE PUBLIC HEARING WAS CLOSED. DISCUSSION: Commissioner Messe stated in Ms. Brown's letter she asked fora 5 year extension. Ms. Brown stated she would like it forever, but 5 years would be floe. They operate the Orange County Cart Commissary in Anaheim. Thls also helps them to make a decision regarding leasing. Commissioner Henninger stated that staffs recommendation is to eliminate a time limit altogether. 8.23-93 Page 8 Commissioner Tak asked for clarification as to how they are affiliated wkh the Home Depot. Is there a financial interest? ~ Ms. Brown stated they pay a monthly rent to Home Depot. ACTION: Approved subject request by deleting Condkion No. 3 of Resolution Nu. PC91-108 pertaining to time Iimkatlon. VOTE: 7-0 5-23.93 i Page 9 ~.J 5a. CEOA NEGATIVE DECLARATION (Previously Approved) Approved 5b. WAIVER OF CODE REQUIREMENT Approved 5c. CONDITIONAL USE PERMIT NO. 3012 READVERTISED Granted OWNER: ROTANDA DEVELOPMENT CORPORATION, 4000 Mac Arthur Blvd., #350, Newport Beach, CA 92660 AGENT: ROBERT L WYNN, WYNN & ASSOCIATES, 3 Civic Plaza, Ste. 225, Newport Beach, ('^. 92660 LOCATION: 1101-1111 W. LINCOLN AVE. Property is approximately 0.45 acre located at the northwest comer of Lincoln Avenue and West Street. Request for deletion or amendment to a condition of approval pertaining to food service facilfties to permft a donut shop wfthin an exiting commercial retail center wfth waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. PC93-97 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: 1 PETITIONER'S COMMENTS: '~ Robert Wynn, 3 Civic Plaza, Sufte 255, Newport Beach, CA. They have reviewed the stiff report and they agree with the findings and conclusions by staff. He gave a brief explanation on their request. He stated they did a parking study. According to Code thay would be short of off- street parking spaces. The study shows that there Is ample parking with the uses that are there; the study was conducted on 2 Saturdays and on a Monday and Tuesday in June; the greatest number of cars that were there In Junp was 7 and this occurred at 2:OOp.m, in the affemoon. With the addftion of the donut shop ft would add a maximum of 14 spaces. They surveyed 3 other donut shops in the City. He elaborated. OPPOSITION'S CONCERNS: Ben Ching, 882 W. Lincoln Avenue, Anaheim. He expressed his concerns regarding traffic. He also owns a donut shop. REBUTTAL: Mr. Wynn referenced the traffic study. Within the traffic study they did survey 3 donut shops. They started at 6:OOa.m. to 3:OOp.m. 8-23-93 Page 10 Commissioner Masse stated they did that on one day only. On the other days they stopped In the mornings. Mr. Wynn stated the peak does appear to be on Saturday from 9:OOa.m. to 9:30a.m. where the average of the 3 surveyed was 13.25 automobiles. Therefore, they counted 14. On Monday, the peak was around 12:00 noon where there were 4.92 cars and then on Tuesday the peak was between 7:OOa.m. and 7:30a.m. and there were 4.82 cars. They believe the number of automobiles is not a problem for off-street parking and wfth that small number where you have good access on Lincoln, ft would not pose a problem wfth the AOMD. THE PUBLIC HEARING WAS CLOSED. Commissioner Masse asked what type of donut shop this was going to be because there are all kinds of donut shops where you can have lunch, scup, sandwiches and donuts. He asked what they intended to do? Mr. Wynn explained to make and sell donuts; they propose 3 tables wfth 4 chairs per table and would then provide coffee for those who wish to eat a donut there. They will have no hot dogs or any other food other than donuts and coffee. Commissioner Boydstun stated she remembers when the project vets originally approved when k was built. At that time they were very specfflc that there would be no food on the premises and the builder agreed to that and said they did not want k. They go there regularly-she goes to the cleaners and the access is bad. They knew that in the beginning because they are too close to the street so they cannot have something coming out onto West Street. There is no way she could vote for this project. Commissioner Masse stated ff the stipulation were not icr a pure donut shop he would agree, but since ff fs just going to be a donut shop, and ff approved, they should put that in the condftfons. He stated the peak Is early in the morning. Commissioner Boydstun stated she goes by that comer early in the morning and she knows what the access fs. Commissioner Masse stated ff fs a poorly accessed shopping center. Commissioner Caldwell stated a donut shop primarily receives their business by coming in getting a donut and then leaving again. He added the access for that center for that heavy use is not appropriate and because of the use he will be forced to vote against ff. Commissioner fdayer stated she would have to echo that. She use to go to that cleaners and ff was difficult coming out between 3:OOp.m. and 5:OOp.m. She elaborated. 8-23-93 Page 11 Mr. Borrego stated Condffion No. 9 will be modified to Include the language that is currently in Condition No. 1 and then have the condffions regarding the Iimitatlon of ~, the food use. Commissioner Henninger clarified they are going to take Condition No. 9 and allow 1,040 sq. ft. of pure donut shop. Will not be open ended to allow other food uses. Commissioner Henninger asked ff use has been reviewed by the Traffic Engineer?. Commissioner Henninger explained to Mr. Yaida that a number of the Planning Commissioners were uncomfortable wffh the access to this parcel-they believe the amount of lntensfry would create a risky traffic sftuation especially in the morning peak hours. He asked for Mr. Yalda's opinion. Alfred Yaida, Traffic Engineering, stated he had a chance to look at just a one year accident report at that Intersection and there have been no accidents related to the driveway in question. The accidents that are shown occurred at night tims and it was in December. There is no pattern of this sfte creating any accidents or increasing the number of accidents for that Intersection. Commissioner Caldwell asked ff there have been no accdents then can they assume that the intersection is safe? Mr. Yaida stated not necessarily. He d(d not say that there are no accidents. Commissioner Caldwell asked ff he felt left-turns made in or out of that comer on efther West or Lincoln would be safe turns? He added he did not know ff that was even a legal turn or not. ` Mr. Yaida stated that is correct. Further discussion took place regarding left-turns In and out. Commissioner Caldwell expressed his concerns that the situation may encourage people to make left-turns. He asked ff ff would be creating an unsafe sftuation? Mr. Yaida explained there are similar shopping centers throughout the City with the same distance (118 feet for this location) and their minimum standards are 110. He elaborated. He stated they do feel comforta`tle with the location of the driveway. Usually within one year they wi~l show an accident pattern. For this intersection he has a total of 3 accidents from January 13, 1992 t~ December 31, 1992 which comparing to other intersections throughout the City, ff is very, very light. Commissioner Boydstun asked about the High School and the traffic that is generated and comes pouring through that intersection twice a day. Mr. Yaida stated he was surprised but the only accidents shown happened at night time. Further discussions took place regarding unreported accidents. Commissioner Caldwell suggested that ff this use is approved, they should mark the exits that left turns are not allowed. He was concerned that they would be creating a problem with additional traffic into the center. Further discussion took place regarding left turns. 8-23-93 Page 12 l,m.r Commissioner Peraza asked ff they could condition this for aright-tum only from the property to Lincoln? ~ Mr. Yalda stated they could do that, however, ft is a matter of enforcement. Commissioner Messe they could at least ask the appiicant to put the sign up in the exft. Discussion took place relative to the parking study and times of utilization between the Commission and Mr. Yatda. Commissioner Messe asked Mr. Yaida ft he is satisfied wfth the parking study and he Indicated they were. ACTION: Approved CEQA Negative Declaration Note: Commissioner Caldwell originally offered a motion for dental of the WaNer of Code Requirement, however, ft failed to carry 4-3. Commissioners Henninger, Peraza, Messe and Tait voting N0. Approved Waiver of Code Requirement (4-3) (Commissioners Boydstun, Caldweli and Mayer voting NO) Approved subject request as follows: 1. Amended Condition No. 9 of Resolution No. PC88-134 to read as follows: ~^, "9. That the food use proposed shall be limited to a donut shop and shall occupy Unft Nos. 155 and 165 (1,040-square feet) only." 2. Deleted Condtion No. i 3. Added the following new conditions: (a) That the donut shop shall be limited to selling donuts and beverages. (b) That the applicant shall post aright-turn only sign at the Lincoln Avenue driveway exit. VOTE: 4-3 (Commissioners Boydstun, Caldwell and Mayer voted NO) 8-23-93 Page 13 ~' LOCATION: Prooert~~ approximately 3.15 acres located at the northeast comer of Katella Avenue an~ustlass Road. To reclassffy subject property from the ML (Industrial, Lfmfted) Zone to the PR (Public Recreational) Zone. RECLASSIFICATION RESOLUTION N0. PC93.98 6a. CEOA MITIGATED NEGATIVE DECLARATION (Previously approved) Approved 6b. RECLASSIFICATION N0.93.94-01 Granted, Uncondftionally OWNER: Inftiated by City of Anaheim, Post OfFlce Box 3222, RM. 162, Anaheim, CA 92803 FOLLOV/ING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MIND i'ES. OPPOSITION: None PETITIONER'S COMMENTS: Greg Hastings, Zoning Division Manager, stated this Is a request to rezone the northeast corner of Douglass and Katella which is part of the Arena parking lot from the existing ML Zone to the PR Zone. This would keep the zoning in conformance with where the Arena actually alts, which is the PR Zone. ~'' At the time the Arena was under consideration, this was not part of the Arena - property and, therefore, was omitted from the original rezoning. This will bring ft into conformance with the surrounding zoning. THE PUBLIC HEARING WAS CLOSED. DISCUSSION: None. ACTION: Approved CEOA Mkigated Negative Declaration (Previously approved) Granted ReclassHication No. 93-94-01, Unconditionally VOTE: 7-0 8.23-93 Page 14 l„i 7. REPORTS AND FlFCOMMENDATIONS: '~ A. CONDITIONAL USE PERMIT NO. 3400 -REVIEW OF LANDSCAPE PLANS: Continued to Les Lederer requests review of landscape plan for Condftional Use Permit No. 3400 September e, 1993 (to permft an Indoor swapmeet). Property is located at 1440 S. Anaheim Bivd. Continued from the August 9, 1993 Planning Commission meeting. MEETING ADJOURNED AT 2:30 P.M. TO THE SEPTEMBER 8, 1993 WORK SESSION AT 10:00 A.M. ~. '~ ~ 8.23.93 Page 15