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Minutes-PC 1994/11/14 ACTION AGENDA REGULAR MEETING OF THE ANAHEIM CITY PLANNING COMMISSION MONDAY, NOVEMBER 14, 1994 10:00 A•M• -PRELIMINARY PLAN REVIEW - PRESENTATION OF VARIOUS CAPITAL IMPROVEMENT PROJECTS BY THE PUBLIC WORKS DEPARTMENT PARKS. RECREATION AND COMMUNITY 4ERVICES DEPARTMENT AND POLICE DEPARTMENT WILL IMMEDIATELY FOLLOW PRELIMINARY PLAN REVIEW (NO PUBLIC TESTIMONY ACCEPTED) II 1:30 P.M. -PUBLIC HEARINGS BEGIN (PUBLIC TESTIMONY) COMMISSIONERS PRESENT: BOYDSTUN, HENNINGER, MAYER, MESSE, PERAZA, TAIT COMMISSIONERS ABSENT: CALDWELL STAFF PRESENT:: Greg Hastings Selma Mann .bnathan Borrego Melanie Adams Greg McCafferty Bruce Freeman Alfred Yalda Edith Harris Margarita Solorio PROC Zoning Division Manager Deputy Ciry Adomey Sanlor Planner Associate Civil Engineer Associate Planner Code Enforcement Supervisor Principal Transportation Planner Planning ommission Support Supervisor Sr. Word Processing Operator :DURE TO D(PEDRE PLANNING COMMISSION PUBLIC HEARINGS 1. The proponents in applications which are not contosted will have Live minutes to present their evidence. Additlonal Uma will ba granted upon request if, in the opinion of the Commission, such additional dme 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 addigonal time Ia requested end the complexity of the matter warrants, The Commission's considerations ere not determined by the length of time a participant speaks, but rather by whet Is said. 3. Staff Reports are part of the evidence deemed recalved by the Commission in each hearing. Copies are available to the publlo 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 If, In Its opinion, the ends of fairness to all concerned will be served. 6. All documents presented to the Planning Commission tar review in connection with any hearing, Including photographs or other acceptable visual representations or nomdocumentery evidence, shall be retained by the Commission for the public record and shall be available for public Inspections. 7. At the and of the scheduled hearings, members of the public will be allowed to speak on Items of interest which are within the Jurisdiction of the Planning Commission, end/or agenda Items. Each speoker will be allotted a maximum of ihre (5) minutes to speak. acN 1494.WP ~...~ la. cEOA NEGATIVE DECLARATION lb. RECL•aStIFiCATION N0.94.95-04 lc. WAIVER OF CODE REOUiREMENT id. cONDITIONAL USE PERMIT N0.3710 OWNER: TEXACO REFINING & MARKETING, INC., Attn: Doug Elston, P.O. Box 7812, Universal City, CA 91608- 7812 AGENT: FRED FIEDLER & ASJOCIATES, Attn: Patrick Fedler, 2322 W. 3rd. St., Los Angeles, CA 90057 LOCATION: '1080 E La Palma Avenue fl'exaco Serv(ce Stational. Property is approtdmately 0.76 acre located at the southwest corner of La Palma Avenue and Kraemer Boulevard. To reclassify subject property from the RS-A-43,000 (Residential/Agricultural) Zone to the ML (Limited Industrial) Zone. To permit an automotive service station with an riccessory automated car wash, a convenience market, drive-through restaurant (no seating proposed) and beer and wine sales for otf-premise consumption wiW waiver of minimum landscape requirements, r.rmi:ted location of freestanding signs, minimum distance between freestanding sigas, minimum number of pazking spaces and minimum drive through lane requirements. Continued from the August 22, September 7 aad October 31, 1994 Planning Commission meetings. RECLASSIFICATION RESOLUTION NO. CONDITIONAL USE PERMIT RESOLUTION NO. Continued to 11-30-94 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Continued subject request to the November 30, 1994 Planning Commission meeting in order for the applicant to redesign the project. VOTE: 5-0 (Commissioner Tait abstained and Commissioner Caldwell was absent) ~~/la/sa Page 2 ~r 2a. CEOA NEGATIVE DECLARATION Continued to 2b. WAIVER OF CODE REQUIREMENT 11-30-94 2c. CONDITIONAL USE PERMIT N0.3711 (Readvertised) OWNER: TEXACO REFINING & MARKETING, INC., Attn: Doug Elston, P.O. Box 7812, Universal City, CA 91608-7812 AGENT: FRED FIEDLER & ASSOCIATES, Atm: PaWck I:,edler, 2322 W. 3rd St., Los Angeles, CA 90057 LOCATION: 5650 E. ie Palma Avenue (Texaco Service Stationl, Property is approximately 1.0 acre located on the southwest wmer of La Palma Avenue and Imperial Highway. To permit an automotive service station with an accessory automated car wash, a convenience roazket, adrive-through restaurant (no seating proposed), and beer and wine sales for off-premise consumption with waivers of minimum landscape requirements, permitted wall signs, permitted location o[ freesaanding signs, minimum distance between freestanding signs, min•:aum number of parking spaces, minimum drive- lhrough lane requirene~ls, required setback from an mterial highway, and requ~rr, iroproveraent o[ setback areas. Continued from the August 22, September 19 and October 31, 1994 Planning Commission meetings. CONDITIONAL USE PERMIT RESOLUTION NO. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Continued subject request to the November 30, 1994, Planning Commission meeting in order for the petitioner to submit revised plans for the proposed service station and accessory uses. VOTE: 5-0 (Commissioner Tait abstained and Commissioner Caldwell was absent) t~/ta/sa Page 3 3a. ('EOA NEGATIVE DECLARATION I Approved 3b. CONDITIONAL USE PERMIT N0.3724 Granted OWNER: 1JNITED BORAX & CHEMICAL CORP., 26877 Tourney Road, Valencia, CA 91355-1847 AGENT: BISSELL ARCHITECTS, Attn: Glenn Gellatly, 446 Old Newport Blvd., Newport Beach, CA 92663 LOCATION: 412 N. Crescent Wav. Property is appro:dmately 5.01 acres located on the east side of Crescent Way and appropmately 380 feet north of the centerline of Penhall Way. To permit an appro:timately 38,000-square foot church facility within the ML 2.one. Continued from the October 31, 1994, Planning Commission meeting. CONDITIONAL USE PERMIT RESOLUTION NO. PC94-151 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Glenn Gellatly, architect/agent, explained the building is being converted to a Catholic/Korean Center, and the matter was continued to allow Redevelopment to review proposal; they met with staff twice and at last Wednesday's Redevelopment Commission hearing, there was a unanimous decision in favor of the project. The proposed conditions aze all acceptable, and the only issue discussed by the Redevelopment Commission was four entrances to the parking lots, and that is because there aze two sepazate distinct pazking areas and he thought the four entrances were acceptable to the Redevelopment Commission. PUBLIC HEARING CLOSED. Chairwomatl Boydstun asked if the existing pole sign is going to be removed. Mr. Gellatly -There is a new monument sign that would be installed closely related to the entrance. He agreed there would be no problem if a condition is imposed requiring removal of the existing pole sign. Alfred Yalda stated Traffic Engineering asked that one of the driveways be removed because there may be some limited visibility when exiting at the northernmost driveway because of the curve of the roadway. Three driveways would be more than sufficient ~, tt/ta/sa Page 4 He further explained the concern was with incoming traffic on Crescent Way, and there are too many driveways for that site unless they can physically construct the driveway forcing right in/right out only. A "right turn only" sign is not enforceable. Commissioner Henninger asked if they could have a fourth driveway if it was moved further south, which would be two entrances to the northerly pazking azea. Mr. Yalda responded he would work with them to relocate that one driveway. Mr. Gellatly stated the pazking area currently serves about 70 cazs and there are 3 entrances into that parking lot; and that lot would be most used on Sunday morning. This was not a problem at the Redevelopment Commission meeting. It has worked fine for all these yeazs. Three driveways would be adequate if this was one big parking azea, but the pazking areas aze actually separated. Commissioner Henninger clarified the question was whether or not the most northerly driveway could be moved to allow adequate site distance. Mr. Gellatly responded that is a possibility but there aze some large trees in that area which might be impacted. Commissioner Messe thought moving the driveway further south might create a worse problem for any traffic on Crescent turning that corner and going south. He thought there is good visibility and that the four driveways are acceptable and that the north parking area needs another driveway. Commissioner Tait agreed since the heaviest use is on Sunday mornings and people need to be able to get in and out of the parking lot quickly. ACTION: Approved Negative Declazation (Findings in Pazagraph 14 of the staff report) Granted Conditional Use Permit No. 3724 (Findings Paragraph 18 & 19) Deleted Condition No. 5 Added the following condition: That the pole sign located at the northwest comer of the property shall be removed. VOTE: 6-0 (Commissioner Caldwell was absent) Selma Mann presented the written right to appeal the decision within 22 days to the City Council. `~ ~t/ta/sa Page 5 4a. CEOA NEGATIVE DECLARATION (Previously Approved) COntinUed to 46. WAIVER OF CODE REQUIREMENT 11-30-94 4c. CONDITIONAL USE PERMIT N0.33E9 AND CONDITIONAL USE PERMIT N0.2900 (Readvertised) OWNER: DON MUSSCIiE, 2816 E. Maaloma Ave., Anaheim, CA 92806 LOCATION: 2g16 East Mlrnloma Avenue. Property is appropmately 0.86 acres located on the south side of Mualoma Avenue and approximately 260 feet east of the centerline of Blue Gum Street. To permit the expansion of an automotive repay facility into apreviously- approved automotive detail facility with waiver of minimum number of pazlting spaces, and the amendment or deletion to condition of approval pertaining to a reaprocal access and pazking agreement. CONDITIONAL USE PERMIT RESOLUTION NO. CONDITIONAL USE PERMIT RESOLUTION NO. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: 2 people spoke in opposition PETITIONER'S COMMENTS: ' Ivir. Mussche, applicant - a. Purchased entire property at 2816 and 2814 which is recorded as one property but has two addresses because of the style of buildings. b. Plans to operate his automotive repair facility and this requt:st is to be able to use both sites. c. The reciprocal parking agreement was a requirement of the conditional use permit four years ago and he would like to have that deleted. d. Would like to include the 300 sq. ft. mezzanine area to use for storage of supplies, etc. OPPOSITION COMMENTS: Linda Wasson, she & her husband own R. W. Wood Products, the wood shop in front of the applicant's auto repair shop - A. The owner of the adjacent property (Anaheim Import Automotive) is also tt/ta/sa Page 6 B. present in opposition. Concerned about this petitioner expanding his business because of ongoing ~ traffic flow and circulation problems since his automotive repair business went C. in behind them. They would have opposed the automotive repair operation originally if they had known the kind of problems it would cause. D. The automotive detail operation which was there previously did not generate the same amount of traffic and problems, but the petitioner doesn't agree and E. feels they are the same. Detail shop did not have retail customers in and out. They picked up the F. vehicle, detailed it and then returned it. Repair shop has customers who drive the vehicle to the site, and has another person follow them for a ride back, which means two vehicles for every one G vehicle worked on. Then the same thing occurs when the vehicle is ready to be picked up. H. There is a constant flow of traffic and a problem has already been created and I. they have complained about it. They have had wood shop at that location for nine years and never had a J. complaint or problem amongst all the property owners. If petitioner expands his operation, they did not know if there will be additional employees, and if there are, there is no place for them to park. They are aware of at least one additional employee at this time and the petitioner has K indicated there are none. Petitioner's employees use 5 of the 8 parking spaces leaving 3 for the public. - L. Did not know how many vehicles are parked inside, but petitioner is using some parking for a boat and motor home and personal items, and he has parked on some of the other neighbors' property. M. Did not understand how petitioner car. justify expanding his business. Commissioner Henninger: Asked the nature of the circulation and traffic problems. Ms. Wasson explained they have freight trucks which come in and out of the property to pick up their freight, explaining they are a light manufacturer and they have plenty of room for a truck to be there unloading, as well as a car being able to drive through. They were told they could have the trucks load and unload in a timely manner as long as the trucks are parked over to the side, which they are doing. They had a meeting with Mr. Mussche on Friday to try and resolve this before this meeting and they tried to work out a way for the trucks to be there loading and he could still drive through. At the end of the meeting, she felt they had not really accomplished anything because they found out that what he is really asking is not only access because he admitted that access is not really enough and that he is in the ~ tt/ta/sa Page 7 back and wants people to be able to look down the driveway and see the whole ~ building, and if there is a truck parked there, some of the visibility would be ~ blocked, even though access would not be blocked. She was aware of the access being blocked on a Sunday when technically both businesses were supposed to be closed. She explained loading or unloading in a timely manner would mean about 5 to 10 minutes. Jerry Peck, Anaheim Hills Import Automotive, explained he and Mr. Mussche shared a building at 2818 for about 18 months, and during that time they never had any parking or traffic problem and everything ran smoothly, and he did not understand why there is a problem now and did not understand why Mr. Mussche would buy property if he knew there might be a problem. He felt if this approved, it will only cause more problems and Code Enforcement will be out there. He suggested the Commission visit the site on Monday through Friday between 8 and 5 p.m. Commissioner Messe asked Mr. Peck to describe the problems from his point of view. Mr. Peck stated the problems Mr. Mussche is complaining about are traffic and circulation and their meeting on Friday was about traffic and circulation and Mr. Mussche was complaining that he cannot get into the alleyway when trucks are loading and unloading supplies, and that they all need the trucks to load and unload their supplies. He has no problem moving out his back door and making a 90 degree right turn with a truck in the alley. Mr. Mussche has a straight shot from his location rmd he is complaining that he cannot get by. The truck drivers have done everything in their power to park as close to the wall as possible and he did not see where there is a problem. Code Enforcement has been there and they're having a hard time interpreting how they are to enforce this so called problem. Mr. Peck stated he has adequate parking on site for his operation and the wood shop also has adequate parking. Mrs. Wasson stated it has been brought to her attention that a traffic study had been done originally when the CUPS were granted and she believed those studies were done by the petitioner himself and no outside authority was ever brought in to do the study. She thought if this cannot be resolved, maybe a new traffic study is needed and it would probably show that traffic has quadrupled without Mr. Mussche expanding. She suggested the petitioner hire someone to do a traffic study. Mr. Mussche: -the major point brought up is access to the property ~; tt/ta/sa Page 8 - The driveway is covered by CC&Rs on the property which are recorded at the County and they specifically state that there is no parking of any kind by ~ owners or guests in the driveway area. - Mr. Peck questioned why he purchased the building when he knew there was a problem and then he stated there is no problem. - The driveway being blocked has been an ongoing problem and that it has accelerated because of R. W.1Voods growth in business to the point where they have no room to park themselves, and they are using the parking area which is supposed to be used for parking for storage and the front lot is full. - He presented photographs which show what he is talking about. The photographs presented were all taken within the last week, on Monday through Friday, during business hours. - They have asked the trucks to back in and stay along the side of the building and that could be a concession added to the CC&Rs. • If he can get to his property, he can park and he can operate his business and they do not have to interfere with any one. - He referred to an illustratiun submitted and explained the red indicates where he has tr+.ed to ask them to have their trucks park. - His business does not create the problem. THE PUBLIC HEARING WAS CLOSED. Ms. Wasson stated when they first discussed the truck problem, Mr. Mussche asked them to have the trucks move over; that she sits in front and can see when the trucks come onto the property most of the time and she comes out and watches where that trucks goes; that when they have a new driver, there is a problem because he does not know the situation and that she explains it to them and they move the truck. Commissioner Henninger referred to a fork lift in the photographs which was on the other side of the driveway unloading the truck. Ms. Wasson agreed that was a problem they had not considered at first, but now they have the trucks back in and unload. They have at least six trucks a day coming onto the site. Mr. Peck explained on a busy day, he might have 5 or 6 trucks maximum. The trucks unload very quickly, and if they have a large shipment, it might take 10 minutes maximum and that would be once a week, and that any new driver is informed to move over to the side. Commissioner Henninger suggested changing the reciprocal parking agreement to reciprocal access ^.nd asked what would typical. Selma Mann, Deputy City Attorney, responded she did not think there would be any typical terms. She clarified the request is to change the condition that is on it now. ~,,,, t ~/ta/sa Page 9 She did not know if the agreement has been recorded for reciprocal pazking. ~ Commissioner Henninger asked how it would affect the truck loading and unloading f if the existing condition was change to require reciprocal access. I( Selma Mann explained there is already a reciprocal access agreement in place which was a condition of the subdivision with the unusual configuration of the flag lot. The CC&Rs are a private enforcement matter which Code Enforcement would not become involved in. Only one of the other businesses is subject to the CC&Rs and this request is for modification of a previously approved conditional use permit and parking waiver created by the additional of the storage area. ~ Commissioner Henninger understood that the original condition was to have a unsubordinated reciprocal access and parking agreement recorded to the satisfaction of the City Attorney and that apparently has not been done. If the Commission approves this, it appears they would still have a rr;ciprocal access agreement and asked what type provisions they would have for 'things like truck unloading and loading. Alfred Yalda explained a minimum of 20 feet is required for two way traffic with no stopping for loading and unloading. The requirements have been worked out with the Fire T3epartment because they are ones who need to have the access cleazed at all times. In this case, they have 25 feet, but the average width of a truck is approximately 8 feet so even if they park as close as possible to the building, it .- would leave approximately 17 feet which is difficult for two way traffic. Mr. Peck explained the fork lift shown in the photograph is in the reciprocal access area and he did not understand the problem. The turnaround area is not large enough for a semi to pull in and load or unload and that is the reason for loading in the alley. The buildin; is designed for light manufacturing and may not be conducive for automotive repair. Couunissioner Henninger stated these buildings do not have a truck unloading azea for semi trucks and many industrial buildings are built to be serviced by semi trucks and have special loading areas. Mr. Peck stated an area that does light manufacturing will normally have trucks that are going to be picking up products because they are manufacturing goods and they are delivering and picking up. They have a unique problem which really needs to be looked at and a solution found which all three parties will be happy with and they can all work together. Commissioner Henninger stated he would like to see that happen a.~d it seems there is a lot of private element to this testimony. ~ 11/14/94 Page 10 Chairwoman Boydstun stated a comment was made that when the trucks were in there, they aze blocking the petitioner's building and people cannot see the building. `sq She asked if there is a sign on the building and Mr. Mussche responded there is a sign. Chairwoman Boydstun asked if the problem could be eliminated if there was a plan for a sign in the front planter area. Mr. Mussche stated he has sign that is already in the front and when he applied for that sign, there was a lot of opposition, and added there is a problem for people to know where they are located. He explained the purpose of bringing the photographs was to illustrate that there is a problem and they do not get along because of the problem. He stated he is not the source of the problem and that he could live with the situation if the trucks back into the site, even though they have CC&Rs which state that is not supposed to be done. When the loading is done as shown in the photographs, it locks him in and that is the problem. The situation occurs 3 or 4 times a week and that it is getting better, especially when Linda Wasson is present. She has made a sincere and concentrated effort to try and help with this problem and if a vehicle does pull in, she is out and trying to get it out of the way. The problem is when she is not there and the rest of the employees do not do the same thing. Their wood shop business has grown and they have expanded and he does not want his business to suffer because of their growth. Commissioner Messe felt the Commission is being asked to adjudicate a problem amongst three neighbors. He pointed out there are really only 9 pakking spaces. Mr. Mussche stated he has bought the entire property and that the size of his business has not changed and that he has 1"ive employees and he has no plans to add additional employees and that the extra room will be for extra parking and a place to do work on the large vehicles, if needed. He has room on the other side to park the motor home and his boat. In the past four years, he has never parked in the driveway and blocked the access or hurt their ability to use their property as they see fit. Mr. Mussche explained all the vehicles they are working on are parked inside the building and they have four spaces on the other side. Commissioner Messe stated the testimony has been that when Mrs. Wasson is there, there is no problem and they obviously need to have someone else make sure the vehicles are properly parking when Ms. Wasson is not there. 1.,,r ~ t /t a/sa Page 11 Commissioner Messe thought the reciprocal parking agreement should be deleted and Commissioner Henninger pointed out staff is recommending that they record ~y the agreement which takes the agreement of all three owners. Jonathan Borrego stated the portion that pertains to the reciprocal access agreement already exists and that document was recorded with the pazcel map. Technically that could be deleted. Commissioner Mayer asked if the area where the trucks aze to be unloaded could be mazked with a sign or painted on the pavement designating it as the loading zone so that everybody knows exactly where the truck is supposed to go. Mr. Mussche stated that proposal was discussed at their meeting on Friday and it was a good proposal and he thought with "no pazking" signs in the area, it might work. He stated often a car is parked there and the truck has to maneuver azound it and that is a problem. Bruce Freeman, Code Enforcement Supervisor, stated the Code Enforcement Division has been called out to the property on three occasions and there were various issues involved such as signs and banners, as well as parking problems and the pazking problems involved one of the tenants in the rear building repairing cars by day and selling the vehicles in the front on weekends. Mr. Mussche explained that was a previous tenant and as a condition when he -- agreed to buy the property, that tenant had to leave and has left. He complained about that tenant having a retail repair lot and selling vehicles. Commissioner Tait asked if there is a request for a parking waiver. Jonathan Borrego responded there is a parking waiver included, but was mistakenly omitted from the heading in the staff report but there is a pazking wavier required because of the additional 300-square foot mezzanine area which he has asked be added for storage. Chairman Peraza asked if a condition could be added that the inside pazking is required and has to be provided. Mr. Borrego answered that typically the inside parking would not be applied toward the required number of spaces, but the Commission could add a condition that some additional parking be provided inside the building at all times. Commissioner Messe asked if CUP 2900 for the detailing operation is being withdra~~~n. Jonathan Borrego answered that CUP will actually be readvertised to change the nature of the use. 1 ~ 11/14/94 Page 12 ~~ Mr. Mussche stated since this is recorded as one property, he thought this request was to the existing CUP. Mr. Borrego responded that there was a parking waiver for Mr. Mussche's building and also a parking waiver for the previous detail shop, and the parking requirement would change only to require one additional space for the mezzanine area which he now wants to include as part of this request. Ms. Wasson stated there is a parking problem as well as an access problem; that cars are pazked there all the time. She thought a parking waiver means that they can park more cars than they have spaces for and she did not understand; they are ~ parking cars in non-designated spaces now and they aze concerned if he expands, ~ there will be more problems. She stated Mr. Mussche mentioned opening the other side for the purpose of ', working on the larger vehicles and she did not know what his intentions are, but they have heard rumors that he might be planning to work on some motor homes and if he did that, the traffic problem would get worse because they are a lot larger. She noticed a motor home there a few weeks ago which had a battery charger hooked to it. Commissioner Tait asked if all the spaces are full now. Ms. Wasson responded the spaces are all full, plus some, explaining they park 3 cars in two spaces. Commissioner Messe asked if Ms. Wasson operation is impacted or if any of the cars are ever parked in their spaces. Ms. Wasson answered they are not ever parked in the wood shop spaces, but are parked on some of the seurounding neighbors' property. Again, their concern is if that is happening now, if he expands, it will obviously create more business and more vehicles and maybe another employee. Commissioner Henninger stated basically the accessway between the buildings is not designed for loading and unloading trucks and basically they cause an access problem. However, the automotive repair operation is a retail business and he worried about the automotive use with this light industrial use and did not know if those two can be balanced. Both businesses are creating a problem for each other and they would probably be better off to work out a solution between themselves because they probably would not like the Planning Commission's decision. That solution could be that this is not the right location for the use or maybe the solution could be that they could not bring semi trucks onto the property and block the alley. He suggested atwo-~~eek continuance in order for the property owners to work out a solution. Commissioner Messe stated if this was one property, owned by one property owner, the tenants would go to the landlord and the problem would be solved. `... tt/ia/sa Page 13 Ms. V'lasson asked if there are rules about the number of parking spaces you must ~ have for an automotive business. Commissioner Henninger responded there are rules for that, but there are also laws which prohibit unloading trucks in the accessway. He clarified that from what he sees, there are problems on both sides and they need to realize that they need to come to a reasonable solution. Commissioner Messe added if these were three manufacturing businesses, there could be a worse problem because there could be trucks there all day and this might be the best possible mix on this property. Mr. Wasson stated they purchased their building first and still have the brochure stating '3 industrial buildings/3 manufacturing type buildings", and they purchased the property with that in mind and asked if it is normal for the city to mix commercial with manufacturing. He stated they called Code Enforcement when Mr. Mussche complained about the trucks and they have tried to get the drivers to park properly. He added they had no idea that this would be allowed. Commissioner Messe stated this type of use is permitted with the approval of a conditional use permit so it is dcre very often in the industrial zone. Mr. Wasson stated they asked Code Enforcement if they could load the trucks across the street on Miraloma or out in the street and they were told absolutely thy! could not be done, so they tried to work out a solution. Commissioner Henninger asked if the three owners could review this and come back in two weeks and, hopefully, have some reasonable solution to these issues. Mr. Mussche stated he is more than willing to talk with them if it can be accepted and understood that the trucks need to be loaded and unloaded in a loading zone type area and possibly a loading zone area could be designated. He added he would be opposed to delaying this simply from the standpoint of trying to get everything accomplished with the economic factor of not being able to use the property for chat period of time. He stated he is using the property for parking cars inside and is parking in the parking area, but he is just using 2816 for the work. Commissioner Tait stated he would have a rough time approving an additional parking waiver when there is testimony that there is an existing parking problem. Mr. Mussche stated he bought the property with the intention of having the extra room to park cars to operate his business. Since that has been done, there has not been a parking problem and they have never interfered with the other businesses and never parked cars on their property. Now that they have the room by `, 11/1a/94 Page 14 purchasing the whole thin , thr have the additional arkin on the other side and g Y P g p the inside parking they have been using, plus the four stalls. ~ He stated he has his own motor home there which he parks inside and if he started working on motor homes, he would be cutting his own throat because he does not have enough room now. He stated 1V.r. Peck operates his business and does not ~ interfere with anyone and that is what he intends to do. R. W. Wood Products does have a problem because of the parking, etc. Mr. Mussche stated if there could be an area marked along the side of their building, as shown on the illustration, where they could have the trucks back into and stay inside that area for loading and unloading, and signs posted on the rest of the driveway area stating, "no parking" in that area so that trucks could get into the area, he would have no problem with that proposal. He would be willing to accept that as a condition if the Commission wants to move forward with this request today. Commissioner Henninger stated he would like to know that everyone is comfortable with that decisioe and Commissioner Mayer agreed. Commissioner Messe added if this was done today, the condition would have be on Mr. Mussche's CUP and he thought the three should decide what they want to do about this problem. Commissioner Henninger added they can come to a solution now, or continue to fight with each other and end up going to court and waste a lot of money unnecessarily. AC;iON: Continued subject request to the November 30, 1994 Planning Commission meeting in order for petitioner and the two adjacent property owners to meet and resolve the parking and circulation issues. VOTE: 6-0 (Commissioner Caldwell absent) ~' 11/ia/94 Page 15 Sa. cEOA NE ATIVE DECLARATION Approved Sb. WAIVER OF CODE REQUIREMENT Approved Sa CONDITIONAL USE PERMIT N0.372g Granted OWNER: McDONALDS CORPORATION, Attn: Robert Lombazd'y 4370 La Jolla Village Drive, #500, San Diego, CA 92122 LOCATION: 740 North Euclid Street. Property is approximately 0.78 acre located on the east side of Euclid Street and approximately 450 feet south of the centerline of Catalpa Drive. To permit the addition of an enclosed play/dining area to an existing drive through restawant with waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. pC94.152 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None PETITIONER'S COMMENTS: ~~ Robert Lombardi, agent, representing McDonalds, explained the planned expansion of an indoor play area to the existing facility at 740 North Euclid. They have reviewed conditions and they are acceptable. This is the first play area of its kind in Orange Coun'.y. PUBLIC HEARING WAS CLOSED. Commissioner Messe asked why there are fewer parking spaces after the play azea is included, referring to the information in the traffic report. Mr. Lombardi explained the study refers to the facility at Fullerton and Brookhurst and ~ that facility has an outdoor play area, and he did not know about the weather on the days the counts were taken. Alfred Yalda, Principal Transportation Planner, stated he understands from talking with other McDonald's representatives that their business is down over the past few years. ACTION: Approved Negative Declaration (Findings in Paragraph No. 14 of the staff 11/14/94 Page 16 report) Approved Waiver of Code Requirement (Findings -Paragraph No. 19 of the staff report) Granted Conditional Use Permit No. 3728 (Findings -Paragraph No. 20 of the staff report) VOTE: 6-0 (Commissioner Caldwell absent) Selma Mann, Deputy City Attorney, presented the right to appeal the Planning Commission decision within 22 days. Commissioner Messe asked if the traffic consultant usually puts an asterisk next to the days when the count is taken if it was raining. (Mr. Yalda answered that is normally what they do.) ~- ~, 11/14/94 Page 17 ~~. 6a. BOA NEGATIVE DECLARATION 6b. CONDITIONAL USE PERMIT N0.3722 OWNER: CARL E. and CAROL A. WAGNER, 2338 E. Warmer Street, P,naheim, CA 92806 AGENT: PART HAHIMI, 19742 Lombazdy Lane, Yorba Linda, CA 92686 LOCATION: 2338 East Waener Street. Property is approximately 0.42 acre located on the south side of Wa6mer Avenue and appro:mately 535 feet west of the centerline of Sunkist Street. To permit a child day cart center far up to 64 children. Continued to 1i-30-94 CONDITIONAL USE PERMIT RESOLUTION NO. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: 3 people spoke in opposition/correspondence was received APPLICANT'S COMMENTS: Pari Hakimi, agent, explained she has been a pre school director and teacher and a real estate agent/broker for many years and after months of research, she thought this would be a perfect location because of the shape, size and orientation of the building. It is the only single-family residence with access from Katella and is more suitable for commercial use and it would be very compatible with surrounding homes. It is located ad;acent to Katella High School and would be compatible with the school. The i;affic flow is or. Wagner according to the City traffic count, and is about 5000 trips per day and this proposed use would have negligible impact on traffic. They will provide a circular driveway to minimize potential traffic impacts on Wagner Street. Surrounding land uses include Katella High School to the east, Wagner to the north and a home to the southwest, which is the only house that would be affected. The parking has been designed so the least amount of noise would be toward the residences. 11/1a/s4 Page 18 I She has operated day caze facilities in the past and there is a great need for such a facility in this area at a reasonable price. This structure is not in a desirable location fr for a single family residence. ~ Robert Prisco, 976 Ambridge, lived there for 21 years, and is opposed to ihis request; with Katella High School down the street about 500 feet and the elementary school approximately 600 feet on Sunkist, he thought they have enough traffic and noise for that neighborhood. He stated there are four child care centers within a radius of 1/2 mile: Child Time, Anaheim Methodist Church at Wagner and State College; Calvery Child Caze, Wagner and Rio Vista; Kindercare, corner of Sunkist and South and I..amb of God Child Care at Sunkist and South Street. This is a nice single family residential area and he would like to see it stay that way. ~~ If this is approved, he asked that the number of children be limited to 24 or 30. Fred Mikoleit, 955 S. Peregrine, a cul de sac just to the north of the proposed site. He had no problem with traffic from Katella High School in previous yeazs because he always left before 7:30 a.m. and returned after 5 or 5:30 and never saw the traffic, but now that he is retired, he has learned not to go on Wagner between 7:30 and 8:15 a.m. or between 2:30 and 3:15 p.m. It is more congested now than it ever was before. Last week when it rained, it was especially bad because kids who did not drive were being dropped off by their pazents and then were being picked up in the afternoon. Ingress and egress problems have been caused because of all the traffic from the east and west on Wagner to Kate~la High School. The use itself was not a concern, but the traffic is already bad and he thought this would just make it worse. With 60 cars coming into the child care center, he did not see how they could park on Wagner or how they could get into and out of the property safely. Walling H. Porter, 996 Ambridge, back of subject property, stated he has been there for 31 years. In the past he went to work early and did not realize how bad the traffic was until he retired. They have installed a traffic signal for the high school students and it is better, but is still way too fast. He stated the property has been residential for more than 31 years and that house has a pool. With all the child caze centers around the immediate area, he did not see the need for this one. These are nice homes in that area and he would like to see the area remain residential and is against this proposed use. Children can climb over fences or walls and traffic on Wagner is very fast and he did not think it would be safe for people to come in and drop off their children. His house is approximately 50 feet from the wall. Ms. Hakimi stated she understands these gentlemen's concerns. She is no longer a real estate agent; that she was a pre school director in the past and loves that business. She would love to have an affordable day care center in her l,F. 11 /1 a/s4 Page 19 neighborhood. That street has approximately 5000 trips per day and her operation would start at 6:00 a.m. and end at 6:30 p.m. so the traffic would be before school ~ starts and after it closes. She explained there will be a circular driveway so parents can drop off or pick up their children quickly. There are 4 other day car centers in the area but they all have a waiting list. With all the rules and regulations on a day care operation, no one will open a view center because it does not make money and the only ones would be built by corporations and that she is trying to open a very caring nice day care facility in this area. She did not think there would be 60 children waiting there when she opens the door, and it would probably be about one yea* before it reaches capacity and she did not think 60 students would impact traffic. She did not think 60 students would be very noisy and there would only be 15 to 20 who would be outside at the same time and that would be between 10:00 and 10:30 a.m. for play recreation and they would be involved in other activities for the rest of the day. THE PUBLIC HEARING WAS CLOSED. Chairwoman Boydstun asked if this would be a certified kindergarten and Ms. Hakimi responded it would. Commissioner Peraza asked what precautions will be taken in order to keep children from running towards Wagner. He also asked what precautions will be taken to keep the children out of the swimming pool. Ms. Hakimi responded the pool will be ~.arded with a heavy metal gate. She wanted this house because it has a swimming pool and she felt it is important to teacl~ children to swim; and that she will be paying a high price for insurance and she wants the children to learn to swim for safety purposes. Chairwoman Boydstun asked if the setback requirements are different. when the use is for a certified kindergarten since this is more like a institutional use. Ms. Hakimi explained there will be fence in addition to the circular driveway and the parents will take the children inside the building and that there will one certified teacher and one aide for every 12 children per state law. Commissioner Messe felt that is rather a large pool and he was not sure it would lend itself to teaching small children to swim, and that means the pool will be opened and closed several times during the day. Ms. Hakimi explained she had checked with a pool contractor about converting the U tt/ta/sa Page 20 deep end of the pool, making it more shallow for purposes of teaching the children and that the gate will be closed all the time after the use. She explained they could i s~ put concrete in the deep portion of the pool, making it more shallow. She explained there is a fence around the pool now and that the new fence will be taller than a tall man (she did not specify an exact height). There will be an electric security alarm which will be activated if anything over two pounds falls into the pool. Commissioner Mayer asked how far the fence would be from the southern property line and Ms. Hakima responded 3 or 5 feet. Greg Hastings, Zoning Division Manager, stated the maximum fence height allowed is 6 feet unless it is in the front setback and then it would be 3 feet high. Commissioner Peraza asked about the regulations for fencing around a pool for a use that would have 60 children on site. Greg Hastings explained the requirement is a 5-6 foot high fenr-e. Jonathan Borrego further explained 15 feet would be required from every residential boundary line for structures and from the plans, it appears the eastern property line might be affected where there is a driveway within the 15-foot setback and the 15-foot setback is not required next to the swimming pool since it is adjacent to ICatella Avenue. Commissioner Tait asked how the number of children was determined to be 64. Ms. Hakimi explained 35 sq. ft. is needed inside for each child and 75 sq. ft. outside and she measured the house, including the breezeway and determine that number, and that she thought they would probably have about 55 children. Commissioner Mayer pointed out that one neighbor had suggested if this is approved, that the number of children be reduced to 30 and asked if that would be feasible. (Ms. Hakimi responded that would not be economically feasible.) Commissioner Peraza determined that the swimming pool area was not included in the area required by the State for the play area and pointed out the staff report indicates it includes the swimming pool. Ms. Hakimi stated the pool is not in~iuded as part of the 1687 sq. ft., and po.`.nted out the Department of Social Services measured everything and they would not give her a license if she doesn't have enough space. Greg Hastings stated the fence can be higher than 6 feet if it is outside the ;setback area and it appears this application complies with the setback requirements. In talking with the Building Division, spaces in the fencing cannot exceed 4 inches so that a child cannot fit through it. j I I ~ 11/1a/s4 Page 21 i I Commissioner Henninger stated the plan for the circular driveway does not appeaz to be drawn to scale and asked how much area is needed for the cazs waiting to drop off and pick up children. Ms. Hakimi responded there needs to be space for 2 or 3 cazs, pointing out the children do not all arrive at the same time. Commissioner Henninger felt from the plans, it does not appear there is enough room. Chairman Boydstun stated she picks up at a preschool three or four times a week and there are about 45 students at the school and there are always 4 to 6 cazs there after 5:30 p.m. Ms. Hakimi stated the front of the building is not ready but they will be providing enough area for the children and teachers and they have room for 12 parking spaces and more can be provided. Carl Wagner, c~irrent owner of subject property, explained the swimming pool originally had a chainlink fence which was 6 feet high. It was surrounded on top by three strands of barbed wire. The property is surrounded by block walls on two sides (west and south) and the chain link fencing was on the east side of the pool. Commissioner Henninger thought day care centers belong in residential azeas. This might be a suitable site but he did not think from reviewing the plans and hearing the testimony that it has been completely worked out and he would like to see more thought put into how the circular driveway would work and where the fencing around the pool would be, actual dimensions of the parking lot and the landscaped buffer on the west edge of the parking lot. Those things aze not really detailed on the plans. Chairwoman Boydstun stated the Commission did receive a letter from David Mickelson, 961 S. Ambridge, opposing the project. Commissioner Tait stated he agreed this should be continued so the problems can be worked out. He also had concerns about the swimming pool, even with the fence and would like some secondary protection, such as an alarm system. (Ms. Hakimi reminded him they would be installing a sensor and if anything over 21bs. fell into the pool, it would be activated. Commissioner Messe asked for more detailed plans, and asked if a 4-week continuance would be adequate. i,,,, tt/ta/sa Page 22 Ms. Hakimi stated the front of the property is wide enough to have more than 2 or 3 people dropping off or picking up their children, and Commissioner Henninger ~ stated with a circular driveway, he would like to use the full width of the frontage available. Mr. Halimi stated she could provide revised plans sooner and would like a two week continuance rather than 4 weeks. Commissioner Mayer asked what the garage area would be used for and Ms. Hakimi responded the teacher and administrator could park in the garage. Commissioner Henninger stated it appears from the plans that a street light may have to be relocated, and Ms. Hakimi did not think it would. ACTION: Reopened the public hearing and continued subject request to the November 30, 1994, Planning Commission meeting in order for the ! applicant to submit detailed plans drawn to scale. VOTE: 6-0 (Commissioner Caldwell absent) Jonathan Borrego pointed out the November 30th meeting would be on Wednesday, rather than the usual Monday .,~~;:. 0„,s tt/ta/sa Page 23 7. REPORTS AND °'~ A. CONDITIONAL l'TSE PERMIT N0.3566 -SUBSTANTIAL CONFORMANCE DETERMINATION FOR FOOD COURT SiGNAGE: Donahue Schriber, 3501 Jamboree Rd., Ste. 300, Newport Beacn, CA 92660, requests substantial conformance determination for food court signage in conjunction with Conditional Use Permit No. 3566 (to permit a regional shopping center with indoor entertainment facilities, an automotive service center in conjunction with a major retailer, semi-enclosed restaurant (outdoor dining and food court) and community meeting room). Property is located at 500 North Euclid Street. Determined that the proposed sign modification is in substantial conformance with the original approved sign plans Commissioner Henninger offered a motion, seconded by Commissioner Caldwell and MOTION CARRIED that the Anaheim City Planning Commission does hereby find that the revised plans are substantially in conformance with the previously approved plans. B. rONDITIONAL USE PERMIT N0.3463 - REQUEST FOR TERMINATION: Lisa Webber/Sherrie R. Marks, Trustee et al, 29 Inverness Lane, Newport Beach, CA 92660, request. termination of Conditional Use Permit No. 3463 (to permit a 3-story, 108 unit, condominium complex). Property is located at 2144 W. Lincoln Avenue. Terminated Vote: 6-0 (Commissioner Caldwell was absent) TERMINATION RESOLUTION NO. PC94.153 Commissioner Henninger offered the resolution terminating rUP 3463. Vote: 6 yes votes ~ »/ta/sa Page 24 `.r~ C. rONDITIONAL USE PERMIT N0.3574 - REQUEST FOR TERMINATION: TCW Realty as agent for Endowment Realty Investors Inc., 865 S. Figueroa Street, Los Angeles, CA 90017 request termination of Conditional Use Permit No. 3574 (to permit an 8,750 square foot semi- enclosed restaurant with on premise sale and consumption of beer and wine). Property is located at 191 South Imperial Highway. TERMINATION RESOLUTION NO. PC94-154 Commissioner Henninger offered the resolution terminating CUP 3574. Vote: 6 yes votes Terminated Vote: 6-0 (Commissioner Caldwell was absent) D. CONDITIONAL USE PERMIT NO 3695 -LANDSCAPE PLAN REVIE Anaheim Redevelopment Agency, 201 ;,. Anaheim Blvd., Ste. 1003, Anaheim, CA 92805 requests review of final landscape, irrigation and hardscape-plans for Conditional Use Permit No. 3695 (to permit an ice skating rink including an amusement arcade and an on-site restaurant with on-premise sale and consumption of beer and wine). Property is located at 300 West Lincoln Avenue. Approved final landscape, irrigation and hardscape plans Karen Dudley, Assistant Planner, stated the petitioner '~d submit a revised landscape plan and hardscape plan that is in compliance with the Code. Proposing to provide 22 date palms along Clementine Avenue, 20-foot on center spacing, and 12 Washingtonia palm trees along Lincoln Avenue at 20-foot on center spacing. Primary ground cover will be a red fountain grass, planttd at 24-inches on center triangular spacing that will fill in to cover the entire ground. Increased landscaped setback along Lincoln from the 11/14/94 Page 25 previously approved 3-foot minimum to approximately 10+ feet. Along Clementine south of the building ,they are proposing to install planters that are approximately 5 feet ~ in width that complies with the minimum setback Code and providing 8-foot wide • pedestrian walkways between the trees. Hardscape will be painted asphalt in tricolor that will match basically the Mighty Duck Hockey team colors. Providing 6 or 7 vine pockets around the trash enclosure. Photograph was provided of the fountain grass. Most of the parking is off site Commissioner Mayer asked if they would consider using flax or drawf flax instead of fountain grass. Felt fountain grass is extremely messy and felt there are other plant materials that would give the color and height for the look desired. Commissioner Messe felt patrons cutting through the area wo:-ld make trails, etc. Karen Dudley responded our Code does not really address the type of ground cover they need to provide and asked the applicant to address those concerns. Doug Robertson, Langdon Wilson Architects, explained they looked at a lot of different materials for the landscaping; the variety of fountain grass selected grows to a height of about 30 inches and the drip irrigations system is intended to keep it from dying back and they think it will be a very appropriate material; they have worked with the Redevelopment staff and Design Review Board in selecting that material and would like to stick with it. Felt concerns expressed were conr:idered in the design. At maturity will be about 30 inches tall and felt that would discourage people from cutting through. There will be regular maintenance at the ice rink and when seed heads fall off, they would be cleaned up. Commissioner Messe asked about landscaping in the parking area to the west next to the building. Mr. Robertson responded they are providing a 4-foot wide strip of fountain grass along the length of the by?dding. At the edge of the trash enclosure, are also providing a vine pocket and plants to climb over the enclosure. He pointed out a previous waiver was granted for the landscaping in the parking areas. Commissioner Messe wasn't sure about the fountain grass but if it dies and doesn't look good, they will have to replant, and our Code doesn't specify the type of ground cover required. Commissioner Henninger stated it has an urban look to it and that is part of the new downtown. Found revised plans in conformance with planned concept. ~ tt/ta/sa Page 26 E. PROPOSED ORDINANCE TO CONSIDER TWO CODE Recommended AMENDMENTS PERTAINING TO VEHICLE PARKING adoption to the AND LOA"ING REOUiREMENTS FOR LIVE City Council as PERFORMANCE THEATERS AND PARKING WAIVER corre ~ted by staff REOUEST~. The following correction was made to the proposed ordinance amending Section 18.06.080 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code: (25th line of text down) changed the word "businesses" to "uses". Greg Hastings asked that a correction be made on the first page of the ordinance, 12th line, begins with, "the requirements of this chapter or for businesses which" changed to read, "the word businesses to "uses." F. PROPOSED ORDINANCE '1'O CONSIDER A CODE Recommended AMENDMENT PERTAINING TO PRIVATE CLUBS. adoption to the LQDGEo MEETING HAI LS FRATERNITIES AND City Council ,gOROR1TIES. MEETING ADJOURNED AT: 3:40 P.M. TO THE NO`'EMBER 30,1994 PLANNING COMMISSION MORNING SESSION AT 10:30 A.M. FOR A PRESENTATION OF VARIOUS CAPITAL IMPROVEMENT PROJECTS Respectfully submitted, ~~ ~ ~ Edith L. Harris Secretary ~ tt/ta/sa Page 27