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Minutes-PC 1995/02/06LJ, ACTION AGENDA REGULAR MEETING OF THE ANAHEIM CITY PLANNING COMMISSION MONDAY, FEBRUARY 6, 1995 11: A.M. - PRESENTATION PERTAINING TO PROPOSED REVISIONS TO FREESTANDING SIGN PROVISIONS PRELIMINARY PLAN REVIEW IMMEDIATELY FOLLOWING PRESENTATION 1:30 P•M• - PUBLIC HEARINGS BEGIN (PUBLIC TESTIMONlf7 COMMISSIONERS ABSENT: NONE ONE VACANT SEAT STAFF PRESENT Greg Hastings Selma Mann Jonathan Borrego Melanie Adams Greg McCafferty Bruce Freeman Alfred Yalda Margarita Solcr,'o Zoning Division Manager Deputy Cky Attorney Senior Planner Associate Gvil Engineer Associate Planner Code Enforcement Supervisor Principal Transportation planner Sr. Word Processing Operator PROCEDURE TO EXPEDITE PLANNING COMMISSION PUBLIC HEARINGS t wi I be gfranted uponpregCUest if, nhthe opinion ofnthe Comimhssion~su h additional time wi laprodudce eidence 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 additional time is requested and the complexity of the matter 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 evidence deemed recoived by the Commission in each hearing. Copies are available to the public prior to ,,.e meeting. 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. g, All documents presented to the Planning Commission for review In connection with any hearing, including photographs or other acceptable visas! representations or nonaocumentary evidence, shall be retained by the Commission for the public record and shall be available for public inspections. 7 the jurisdiction o thedPlann n Commmss oneand/o agenlda kelms.alEach speaker will beeallotted aemaximum of fivet (5) minutes to speak. 4. The Commission will withhold questions until the public hearing is closed. ac020695.WP 02/~E; cg Page ; F' 1. ~6 REPORTS AND RECOMMENDATIONS: A. VARIANCE NO 2585 REQUEST FOR RE'TROACTNE Approved EXTENSION OF TIME TO COMPLY WITH CONDfTIONS OF APPROVAL: Darrell Ament, 923 Fall Place, Anaheim, CA 92805 requests time extension to comply with conditions of approval for Variance No. 2588 (waiver of enclosed parking area requirement to construct a 2-car carport) to expire April 15, 1995. Property is located at 1414 W. Glen Drh-e. B, VARIANCE NO 1154 REQUEST FOR TERMINATION: Terminated Mohammed and Noha iClsouraki, 1217 South Brookhurst Street 5-0 (Commissioner Anaheim, CA 92804 request termination of Variance No. 1154 (to and oneevacantnt permft sale and consumption of beer and wine ftom a restaurant). Property is located at 1217 S. Brookhurst Street. seat) TERMINATION RESOLUTION N0. PC95-11 C. VARIANCE NO 1053 CONDITIONAL USE PERMIT NOS. 3~ Terminated AND 2440 REQUEST FOR TERMINATION: AubumdalA 5.0 (Cornmissioner Properties Inc., Attn: Christine Felix, 828 Moraga Drive, Bel Air, CA Henninger absent 90049 requests termination of Variance No. 1053 (to allow sale of and one vacant Christmas trees), Condtional Use Permit No. 3161 (to permit a 10- seat) unit, 10,000 square foot expansion to an existing commercial retail center) and Conditional Use Permit No. 2440 (to allow a car wash in an existing service station). Property is located at 101 and 121 N. Beach Boulevard. TERMINATION RESOLUTION N0. PC95-12 D. REQUEST FOR PLANNING COMMISSION TO INITIATE THE Directed s±aff to PREPARATION OF AN ORDINANCE PERTAINING TQ prepare an COMMERCIAL AND INDUSTRIAL SIGN PROVISIONS. ordinance NO SR 02/06/95 Page 2 2a. rEpA NEGATIVE DECLARATION 2b. WAIVER OF CODE REQUIREMENT 2c. CONDITIONAL USE PERMIT N0.3711 Approved Approved, in part (Readvertised) Granted, in part OWNER: TEXACO REFlNING & MARKETING, INC., Attn: Doug Elston, P.O. Box 7812, Universal City, CA 91608-7812 AGENT: FRED FIEDLER & ASSOCIATES, Attn: PaMck Fledler, 2322 W. 3rd St., Los Angeles, CA 90057 LOCATION: °R~^ E La Palma Avenue (Texaco Service tfonl. Property Is apProxlmately 1.0 acre located at the ~uthwest comer of La Palma Avenue and Imperial Highway. To permit an automotNe service station with an accessory automated car wash, a convenience market, adrive-through restaurant (no seating proposed), and beer and wine sales for off-premise con~~p~tlo~wlt,gns, waivers of (a) minlmum landscape requirements, (b) pe (c) minlmum number of parking spaces, (d) minimum drNe-through lane requirements, (e) required setback from an arterial highway, and (f) required improvement of setback areas. Continued from the August 22, September 19, October 31, November 14, 30, December 12, 1994 and January 9, 1995 Planning Commission meetings. Y Since original advertisement, the automated car wash and waNers pertaining to drNe-through lane requirements, minlmum number of parking spaces, permitted location of freestanding signs, minlmum distance between freestanding signs and minlmum landscape requirements have been deleted by submission of revised plans. CONDITIONAL USE PERMIT RESOLUTION N0. PC95-13 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. PETITIONER'S COMMENTS: Patrick Fiedler, Project Engineer, explained this service station at La Palma and Imperial was constructed in the late 60's/early 70's. It had asit-down restaurant on top, and since then, customer's needs have changed and people don't take cars to gas stations for repair. They also expect quality food and other conveniences in stations. This project is identical to the project at La Palma and Kraemer approved two months ago. It has a similar layout, the same building and has a convenience store with the two fast food chains, six fueling dispensers with credit card readers built in so the customers have the ultimate convenience as far as state of the art equipment. They worked closely with staff on the project, eliminating as many waivers as possible. They support staff's recommendations for the project. o2/os/95 Page 3 OPPOSITION: 3 concerned people spoke ~ Audrey Williams, DWA Smith and Company, Property Manager of the Anaheim Hills Vllage, adjacent to this station, stated just recently they had the traffic signal at the intersection of the Anaheim Hills Village and the Cinemapolis approved. They are concerned about the access into the Texaco station in conjunction with the traffic at the signal. She stated she has not been at the meetings where this was previously discussed and is not aware of staffs resolution to the problem of people making a U- turn into the Texaco station. She added it looks like there is going to be so much going on he,~e, more than Just people getting gas, with the restaurant, fast food, etc. They are concerned about the access being so close to the driveway and felt with the alignment of the theaters in their center, it will create a traffic problem. She suggested that the easement from Anaheim Hills Vllage through the Texaco station be put back into place, and then people would come into the shopping center on l~ Palma to get to the servica station and leave out through the access onto Imperial Highway. Commissioner Messe thought that would create the same situation on Imperial with people not wanting to go south on Imperial. Ms. Williams stated they would not have to make that u-turn going west on LaPalma. The people who want to get into tree service station would go to the intersection at the signal, cross over two lanes to make a u-turn at the same time people are coming out of the shopping center fifty feet away trying to turn right. That would be a lot of traffic with and these would notbe theeproblem of people oming out of the shopp nglcenter statio , and running into the people making u-turns. Sherri Gartley, Manager of Cinemapolis, located on the north side of La Palma, stated their concerns are somewhat the same. They are concerned that when they get the th will be facin the signal in and there is a controlled left turn onto La Palma, ey g people coming off the Texaco property, cutting across all of the lanes of traffic when They want to go north on Imperial Highway. She explained they gave an easement when the bank was closed so all the traffic from Imperial Promenade and Cinemapolis enter through their entrance. She felt 'rf that same logic was used on the south side of the street, ft would be a lot safer because the traffic would all enter and exit through a controlled signal. Charles Sentron, 5642 East La Palma, urged the Commission not to grant any variances on this request. This corner is a problem; that thoy are still waiting for a signal; there is a 350,000 sq. ft. building about 1000 feet away that is empty right now, but won't be empty forever; that there is a regional postal sorting center being constructed right now on La Palma, probably 1 /4 mile away and traffic in this area is only going to get worse. He added variances have been granted for Cinemapolis, Imperial PromUea Unotcroblem sdpeoplet slay ng~ want ng to gotnorth onremporial wall ~ is a safety iss p want to cut across three lanes. o2/os/s5 Page 4 PETITIONER'S RESPONSE ~- ~ Mr. Fedler stated the City's first concern was traffic. This intersection is heavily used. Staff has indicated Imperial Highway has been designated as a "smart street" and improvements are targeted for 1996. They completed an extensive traffic study of five intersections around this intersection in order to determine what impact this use would have before staff would even support the project. Normally people put gas in their car when they are going some place and a lot of people are not going to go to great lengths to cross over traffic. If a station is hard to get into or out of, people will not go there often. People will not go out of their way to make u-turns or try to cut across multiple lanes of traffic. Chairwoman Boydstun asked 'rf the traffic signal will have a left turn signal? Alfred Yalda, Traffic Engineering, responded he believed it would have a left turn signal and they will monitor it and concerning the number of u-turns, based on their experience and traffic studies, the major'rry of the trips will be people who are already driving in that area and this is not spec~cally an area where people go to eat and then get gas. He clarified there will be a left turn signal. Commissioner Messe asked about the count. Mr. Yalda responded during the peak hours there would be an additional 58 trips generated by this project and the intersection right now operates at the level of service E, v`hich means that it is not really operating in any great shape but that is a critical intersection in Anaheim and is apart of the "Smart Street" Imperial and is scheduled to be reconstructed so:•netime in 1996. The City of Yorba Linda is the lead agency and it will have dual lei turd, 3 through lams and a right turn lane in all four directions. It will improve traffic movement through that intersection to level of service D or better than E. Chairwoman Boydstun stated we are in the process of redoing a lot of the signs, and she realized they do not want to replace that sign and asked 'rf it would be possible to reduce the height of the pole since it has to be moved anyway. Mr. Fiedler responded the existing sign is about 60 feet high and in order to have some visibility from the 91 freeway, he thought the height is necessary. He explained they are moving it to get it out of the right of way. Dedication is being required necessitating that they shift it back on the corner. He wasn't sure it would be visible from the freeway. Chairwoman Boydstun pointed out the sign on adjacent property is 25 feet high. Greg Hastings, Zoning Division Manager, responded to Commissioner Caldwell that he thought the sign is visible from the freeway. l;e pointed out the existing sign was placed on the property when it was zoned "industrial". Since it was rezoned for commercial uses, the sign has become legal non-conforming. There is a sign which is approximately 25 feet high just to the east of this property. o2/os/~ Page 5 (1..~~ Responding to Commissioner Caldwell, Mr. Hastings wasn't sure 'rf the adjacent sign was visible from the freevaay. Commissioner Messe asked about the propane tank location, pointing out 'rf there was a motor home there, it would block the driveway. Mr. Fiedler stated they tried to locate the propane tank to minimize the impact of the operation and avoid as much blockage on the site as possible. He pointed out a number of people in the community do use the propane. He explained they looked at a number of locations and this site is unique because of the 50-foot setback requirement prohibiting them from placing it on either l_a Palma or Imperial. Melanie Adams, Public Works, asked that Condition No. 1 be deleted relating to sidewalks on Imperial Highway (those sidewalks will be constructed as part of the "smart street" program) and this project will be paying trG`fic and transportation fees and part of that will be used to construct the sidewalks. Also, a condition should be added relating to Water Cual'ity Management Plan and storm water management as follows: 'That prior to issuance of a building permit, the developer shall submit a Water Quality Management Plan. specifically identifying best management practices that will be used on site to control predictable pollutants from storm water runoff. The Water Quality Management Plan shall be submitted to the Public Works Department, Development Services Division, for review and approval." Alfred Yalda, Principal Transportation Planner, stated based on the information on "smart street", they would ask for dedication of 12 feet extra on t.a Palma Avenue only for the critical intersection and the 12 feet is not required on Imperial Highway. He added he gave the applicant a copy of the condition. Commissioner Messe referred to the list of conditions recommended by the Police Department and a copy was made available to tiie applicant. He asked if the concerns of the Redevelopment Commission had been reviewed. Brent Schultr, Project Engineer, Redevelopment, stated the concerns at the February 1st Redevelopment Commission meeting were traffic impGcts to that intersection and they would like the matter continued for two weeks so they can get more information. He explainea he plans to report back to the Redevelopment Commission next week with the traffic impact information. Commissioner Messe stated there was a ci~~culation concern. Mr. Schultr added there was also a concern about the propane tank. Commissioner Caldwell asked if Traffic Engineering felt circulation around this intersection after the development will be exacerbated. He stated the majority of people who would buy the gasoline would be those people who are already in the area. He was concerned that when those customers leave the site, it would add to the existing problem o2/os/ss Page 6 Mr. Yalda responded there is a traffic study and it indicates what will happen when this station is built, in addition to what is existing there now. They have looked at the t-' study and do not feel it will create a problem. Commissioner Peraza referred to the u--turns and asked ff traffic will be able to make a u-turn onto l_a Palma and then over to the Texaco gas station. He referred to the concern about people going right from the shopping center and the u-turns would conflict. Mr. Yalda responded he did not think there would be conflicts. By putting in a new traffic signal, it will be a controlled intersection at the driveway by the theater. Commissioner Henninger referred to a suggestion that the driveway on La Palma be closed and having a common driveway at the signal. Alfred Yalda explained it is different in that situation because the bank and the proposed driveway were next to each other. The amount of traffic was generated by the bank and the peak hour 'was different. He added they have not looked at combining the driveway but they do not have a problem with the way the applicant proposed it. Commissioner Messe asked how far this driveway is from the Anaheim Hills Village driveway and Mr. Yalda responded it is about 250 feet away. _ Mr. Fiedler responded to Commissioner Messe that they are in agreement with all the recommended conditions by the Police Department. Commissioner Masse stated he still has a problem with tho location of the propane tank. Mr. Fiedler stated they originally prcposed locating it along La Palma and because of the setback requirements, staff did not support it even though they were proposing screening, it was considered a structure and the setback would apply. Commissioner Messe asked if they will only do this project if they can locate the propane tank where it is shown. Mr. Fiedler responded the propane tank location is not going to break the project. Commissioner Henninger stated a waiver is necessary in order to put the canopy in that location. Mr. Fiedler stated staff is willing to support that because the canopy structure is open air and has a 60-foot clearance and does not have he same visual obstruction as a 4- foot high wall at eye level. 02/06/95 Page 7 Commissioner Messe asked how many parking spaces would be post 'rf they leave the tanks where they are. Mr. Fiedler answered that they would lose one space. Fle also stated they can considered another location for the tank since the "smart street" requirement is not going to be far the 12 feet. Commissie~ner Caldwell was concerned about the sign and Commissioner Henninger suggested requesting that they change it and allow no more than 30 feet or whatever the height of the Arco sign. is next door. (Greg Hastings pointed out he thought that sign is about 25 feet high.) Commissioner Messe asked if the other Commissioners would be comfortable with approval of this request today with the requirement that the final plans be brought back showing the tank relocation or should this be continued until that can be done. Commissioner Henninger noted a waiver for parking has been advertised but the waiver was eliminated and asked if the Commission could grant a parking waiver under that advertisement. Greg Hastings responded that waiver is still active. Mr. Fiedler responded the existing tank is 500 gallon and is horizonal and they could have a 500 gallon vertical tank. Commission~3r Henninger asked how long it takes to load propane into a motor home? ~ ~ Commissioner Messe stated it would probably take about 10 to 15 minutes, explaining his vehil and would tobably blo k some of the pahking spacesllfor that 10 oW i 6 from Imperia P minutes. Commissioner Henninger stated he felt the tank location should be moved eliminating one parking space. Commissioner Caldwell asked if the berm could be added back in with these proposed changes and Mr. Fiedler responded they could add the berm and that would eliminate waiver (f). Commissioner Henninger stated the waiver could be deleted but a condition added back in with these proposed changes requiring 3-foot high earthern berms be added in the landscape setbacks along l_a Palma and Imperial. ACTION: Commissioner Henninger offered a motion, seconded by Commissioner Messe and MOTION CARRIED for approval of the Negative Declaration. (Findings in Paragraph No. 18 of the staff report.) Approvdd, in part, Waiver of Code Requirement (Waivers (a) and (d) were deleted; waiver (b) was approved for a minimum of 22 parking spaces; waiver (e) was approved to include a propane tank within the o2/os/ss Page 8 parking area adjacent to Imperial Highway; and, waiver (f) was approved provided a minimum three (3) foot high earthen berm is ~.,i installed along both street frontages). (Endings in Paragraph Nos. 33 and 34 of the staff report.) Granted, in part, Conditional Ilse Permit No. 3711, as readvertised, with the following changes to cxinditions: Deleted Condition No. 1 Added the following conditions: That prior to the issuance of a building permit, the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement 65 feet wide from the centerline of La Palma Avenue, including a corner cutoff. That prior to the issuance of a building permit, trte developer shall submit a Water duality Management Plan (WG1MP) specifically identifying best management practices that will be used on-site to control predictable pollutants from stormwater runoff. The WQMP shall be submitted to the Public Works Department, Development Services Division for review and approval. That no alcoholic beverages shall be sold, furnished, or delivered via a drive-~:p window. That the sales of alcoholic beverages shall be permitted only between the hours of 9:00 a.m. and 10:00 p.m. That the quarterly gross sales of alcoholic beverages shall not exceed ten percent (10°x) of the gross sales of food or other commodities during the same period. That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior from inside the building, promoting or indicating the availability of alcoholic beverages. That no alcoholic beverages shall be consumed on any proporty adjacent to the lice^sed premises under the control of the licensee. That the parking lot of the premises shall be equipped wish lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. 02/06/95 Page 9 That the lighting in the parking area of the premises shall be directed, positioned and shielded in such a manner so as not to unreasonably ~-- ,~ illuminate the window area of nearby businesses. That, if proposed, wine coolers shall be sold in quantities of a four (4) pack or more. That signs shall be prominently posted at the wine storage area and the cash register area reading: "Wine coolers may be purchased on this premises only in quantities of a four (4) pack or more. " That beer shall be sold in quantities of a six (6) pack or more. That signs shall be prominently posted at the beer storage area and the cash register area reading: "Beer may be purchased on this premises only in quantities of a six (6) pack or more." That there shall be no coin-operated telephones maintained upon or adjacent to the building at any time. That there shall be no coin-operated games maintained upon the premises at any time. That the relocated pole sign shall be a maximum of thirty (30) feet high. That a me 'setbacks alongfl.atPa9ma Avenue and Impler al Highway. ~n the landscap That final sign plans and the location of the propane tank shall be brought back to the Planning Commission as a Report and Recommendation item for review and approval. That there shall be no seating for the fast food restaurants. VOTE: 6-0 (one vacant seat) Selma Mann, Deputy City Attorney, presented the 22 day appeal rights. o2/os/s5 Page 10 3a. rE~ ~AT9NE D~r~RATION ~% 3b. WAIVER OE_C~3L'G aFnUIREMENT 3c. ~QNDITI NAL P i'ER 'I' M~_~ OWNER: ANAHEIM BUSINESS CENTER, P.O. Box 17899, Irvine, CA 92713 AGENT: CALIFORNIA CAREER SCHOOL, Attn: Chuck Emanuele, 392 W. Cerritos Ave., Anaheim, CA 92805 LOCATION: "" "' ~t Corry^~ venue. Property is approximately 12.3 acres located at the southwest corner of Cerritos Avenue and Anaheim Boulevard. To permit automotive repair training in conJunction with a private educational facility with waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION N0. Pr9~+-14 Approved Approved Granted for a period of 9 months, to expire 11-6-95 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: 1 phone tali was received prior to the public hearing from two mobile homd park tenants. Sid Smith, Director, expla+~ ~edfle a were some complaintseabout tno se an'd hey heave brakes and alignments; that t stopped that activity. The hoe a seed ~o i sulate?he doo s and keep them cio5 dl stay another hour. They ha g during school hours. Greg Hastings, Zoning Division 237 ogthe molbilehame park vole g opposit olntoday from the resident of Space No THE PUBLIC HEARING WAS CLOSED. Mr. Smith explained the compal d'os ttoo aoud bbut that act v ry has been stoppedn Hs parking lot and playing their explained the diesel trucks are gone by 7 a.m. and the trucks are parked at another location in Orange. There is more noise from the freeway than from their vehicles. o2/os/ss Paget 1 Commissioner Messe asked how they could work inside the building with the doors closed when they are testing cars? Mr. Smith responded they would have exhaust ~~ ` tubes to the outside. Commissioner Henninger referred to the comment that there is a vacant space in the complex where they could relocate. Mr. Smith stated the complex is only about 60% occupied and they could relocate 'rf necessary. Commissioner Henninger stated that seems to be the best solution and pointed out the City has had a lot of experience wkh automotive repair uses similar to these and they are not very ° that molbile home) parkawho are there a gdayhere are probably a lot of retired people in Commissioner Henninger stated he thought the business provides a very important service for Anaheim residents and he would not want to see them leave, but if it would be convenient to relocate, he thought that would be the best solution. Mr. Smith responded they wil! look into the matter immediately. Commissioner Henninger asked if they could accomplish that relocation within six months and Mr. Smith responded they could, but would like to have one year if at all possible. ACTION: Commissioner Henninger offered the motion, seconded by Commissioner Peraza. Approved Negative declaration. (Findings in Paragraph No. 11 of the staff report.) Commissioner Henninger asked if the parking requirement is based on the City's idea of how many parking spaces will be needed when the center is fully occupied. (Mr. Yalda responded that is correct.) Commissioner Henninger added it is staff's feeling that tl'~era will be adequate parking when it is full. Mr. Yalda stated they are comfortable with the parking but since the center is only about 60% occupied, they might experience a parking problem when it is fully occupied. Commissioner Messe asked about parking being taken when the freeway is widened. Mr. Yalda responded that has not been finalized as yet, and that usually if they reduce the site, the owner is compensated. Mr. Smith stated some of their students use public transportation and carpool and added a large portion of the complex is used by the UCI Birthing Center and they do not use a lot of the parking spaces. He thought there is always some parking available. 02/06/95 Page i2 Commissioner Messe stated this morning there was about 90°6 of the parking used and he thought they should just be aware that there could ~- ~ be a problem in the future. Commissioner Henninger continued the action and offered a motion to approve the use for a period of nine (9) months. Approved Waiver of Code Requirement for nine months on the basis that the leased within the next n ne months. (Fnd ngs npParagraph Nlos. be fu y 19 and 20 of the staff report.) Granted Conditional Use Permit No. 3738 with the following changes to conditions: Amended Condition Nos. 1 and 4 to read: 1. That subject parmit shall expire nine (9) months from the date of approval of this resolution, on November 6, 1995. At the end of the nine month period, the use shall either be discontinued or relocated away ftom the mobilehome park residents. 4. That subject facility shall only operate between the hours of 8:30 a.m. to 4:00 p.m., Monday through Friday. _ Added the following conditions: That the roll-up doors shall be insulated and closed during instruction. That all activities shall occur wholly within the building. John Poole, Code Enforcement Manager, stated he thought the Commission has really pinpointed all the areas of concern which is the proximity to the mobile home park. VOTE: r,-0 (one vacant seat) Selma Mann, Deputy City Attorney, presented the 22 day appeal rights. 02/06/95 Page 13 ' Approved 4a. CE(~A NEGATNE DECLARATION Granted 4b. GONDITI2NAL USE PERMIT N0.3739 OWNER: SULEYMAN S MON OZKAN, 3980 E• Miraloma Ave., Anaheim, CA 92807 LOCATION: 3980 East Miraloma Avenue. Property is approximately 0.37 acre located on the south side of Miraloma Avenue and approximately 125 feet west of the centerline of Van Buren Street. To permit an automotive wholesale storage facility including on-site vehicle preparation and detailing. CONDITIONAL USE PERMIT RESOLUTION NO. P(:98-15 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. PETITIONER'S COMMENTS: Mr. Mehr, 8081 7th Street, Apt.16, Buena Park, CA 92621, Agent, explained the business they have currently is a warehouse where they get used cars from the auctio~~~ and bring them into the warehouse, remove the identfication stickers placed on the vehicles by the auctioneers, vacuum the vehicles and make them ready for resale. This type of use is not mentioned in the ordinance and he was not sure a conditional use permit is required, but fek the zoning is proper for this use. He stated they agree with all the s~nditions recommended except one pertaining to traffic. He added ff they have to comply with the layout adopted last year, they will have some problems, that they have about 16 compact parking spaces and 'rf they have to change them to regular spaces, they would be short. He stated they have to stay two feet from the easement. He explained that was one of the comments at the Interdepartmental Committee meeting. He stated they have a mutual parking easement and four warehouses share the parking and ff they change the lines and eliminate the compact spaces, it would not be compatible with the rest of the parking layout. OPPOSITION: None THE PUBLIC HEARING WAS CLOSED. o2/os/ss Page 14 " Alfred Yalda, Principal Transportation Planner, stated the parking standards have been t in place since 1989. All compact spaces were eliminated and the spaces should be 8- " 1 /2' x 18' and be double striped. The handicap parking code was changed to meet the new ADA requirement. Almost all projects are conditioned to~ comply with the requirements and that is not something new. Commissioner Messe stated the spaces there now are compact and asked if they are under 8-1 /2' wide. Mr. Yalda stated the applicant did not indicate the measurements on the plans so if they are not 8-1 /2 feet wide, they will have to be upgraded. Greg Hastings, Zoning Division Manager, pointed out no parking waiver has been requested on this project. Mr. Yalda stated the 38 spaces should be restriped to meet the standard size parking space requirements. Mr. Mehr stated they have about 16 compact spaces and they will have a problem if they change them to meet regular parking space criteria and they will be short on parking spaces 23 feet fork ark ng because they are at a 90 degree ang eventually they will have about p Commissioner Henninger pointed out restriping of the spaces is not included in the - proposed conditions. Mr. Yalda stated that has always been the City's standard condition and he did not know why it was not included, but thought that is a code requirement anyway. Mr. Hastings stated by policy the Code requires certain space sizes; however, when that is implemented, is up to the Planning Commission and that could be done under this conditional use permit. Otherwise, the parking would be considered grandfathered. He stated historically Commission on several occasions has requested that the parking be brought up to Code aVong with approval of the conditional use permit. Commissioner Henninger stated this seems to be very much a wholesale activity and he did not really see a nexus for restripin~g the spaces far the whole center at this time. Mr. Hastings stated the storing of automobiles here is permitted by Code and the Commission is acting today on allowing work to be done on those automobiles being stored. Commissioner Messe clarfied the applicant has no problem complying ~~vith the condition pertaining to washing the vehicles. o2/os/s5 Page 15 Commissioner Henninger asked if the applicant had read Condfion No. 2 which indicates that all the activity must be conducted wholly within the building. Mr. Meter stated the only thing they did not agree with was the parking. He stated he did not put the dimensions on the drawings, 'but mentioned them in the writing. The size of the spaces is 16' x T. Commissioner Messe stated there is no condition proposed requiring that the spaces be ganged. Mr. Meter stated he did receive a memorandum from Traffic Engineering regarding that change. Commissioner Caldwell clar'fied no waiver is requested and Commissioner Messe explained when the building was constructed, the parking spaces were built in conformance with code. Greg Hastings stated when that building was built, 2-1 /4 spaces per 1000 sq. ft, were probably required. About one year ago the requirements were reduced to 1.55 so 'rf they were to restripe some of the spaces from compact to standard size spaces, even though the number of spaces would be reduced, 4hey would be meeting the new code requirements. Commissioner Messe stated that condition would have to be imposed on the whole complex. Mr. Meter ~.tated they only park two vehicles there; they have 23 spaces available and only two owners park there. The two workers do not have a car. All the activity is inside the building and the storage of vehicles is inside and th3y never store any vehicles outside. ACTION: Commissioner Messe offered a motion, seconded by Commissioner Henninger and MOTION CARRIED approving the Negative Declaration. (Findings in Paragraph No. 13 of the staff report.) Granted Conditional Use Permit No. 3739, subject to Interdepartmental Committee Recommendations, listed on page 5, Paragraph 16 of the staff report. (Findings in Paragraph No. 21 of the staff report.) VOTE: 6-0 (one vacant seat) Selma Mann, Deputy City Attorney, presented the written righ~ to appeal the Planning Commission's decision within 22 days. 02/06/95 Page 16 5a. CEOA NEGATNE DECLARATION Approved ~:' 5b. WANER OF CODE REGIUIREMENT Approved rONDITIONAL USE PERMIT N0.3740 Granted 5c. OWNER: ~ g Rose Street~An~aheirn, CA 92805 AGENT: JEFF JONSSON, 23015 Del Lago D-2, Laguna Hills, CA 92653 LOCATION: 515 South Rose Street. Property is approximately 0.92 acre located south and west of the southwest corner of Santa Ana Street and Rose Street. To permit an on-site and mobile truck repair facil'dy with waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. PC95-16 - FOLLOWINr IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None PETITIONER'S COMMENTS: Jeff Johnson, agent, explained this is a mobile truck repair company. They are currently located in Placentia and want to move into this larger facility in Anaheim. They work on 1-ton or larger trucks, primarily fleet trucks and accounts that are billed on a 30-day basis. Currently, they have 28 employees and all work will be conducted inside the building. They have 32 parking spaces outside to accommodate the 18 employees. There is no drive-in clientele. The employees would normally go out on service calls and are not there for the majority of the day. Occasionally trucks will be brought in, but they are worked on inside the building. There is a secured parking area for the employees and very few vendors who might come to the site. THE PUBLIC HEARING WAS CLOSED. Commissioner Messe asked what the doorways which open onto Rose Street will be us9d for. Mr. Johnson responded there will be no parking on Rose. But that they may have to doorls but im s not part ofghe current p Ana Therermaylnot be elnough use of those o2/os/ss Page 17 room to provide the ramp for handicap access and they may have to use it for that purpose. In addition, the Building Department may require that any welding be done in a separate room. Commissioner Henninger asked how many trucks which are being worked on would be stored on the site. Mr. Johnson responded in their current location, there are 7 parking spaces inside the building where they can work on trucks and that is all that is being used and no trucks are being parked outside. Commissioner Henninger asked 'rf they have a fleet of trucks which they send out to work on trucks during the day. Mr. Johnson responded they have service vehicles and they are evaluating now whether the employees will be driving those vehicles home and then gc; ~y directly out on tha calls. Commissioner Messe stated that property has a large fenced-in area for parking. ACTION: Approved Negative Declaration Commissioner Mayer offered the motion, seconded by Commissioner Messe. (Findings in Paragraph No. 13 of the staff report.) Approved Waiver of Code Requirement (Greg Hastings pointed out the findings in the staff report are wrong and should read as follows: Section 18.06.080 of the parking ordinance sets forth the following overdgb which are required to be made before the parking waivers are app Y the Planning Commission, Zoning /;d; ~ ~inistrator, Hearing Officer or City Council: (a) That the variance, under the conditions imposed, ff any, will not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use; and (b) That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicin'~ty of the proposed use; and (c) That the variance, under the conditions imposed, ff any, will not increase the demand and competition for parking 02/06/95 Page 18 spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not ~. ' expressly provided as parking for such use under an agreement in compliance with Section 18.06.010.020 of this Code); and (d) That the variance, under the conditions imposed, if any, will not increase traffic congestion, noise, air pollution, or traffic circulation conflicts, within the off-street parking areas or lots provided for such use; and (e) That the variance, under the conditions imposed, 'rf any, will not increase traffic congestion, noise, air pollution, or impede vehicular ingress to or egress from adjacent properties, upon the public streets in the immediate vicin'dy of the proposed use. Unless conditions to the contrary are expressly imposed upon the granting of any variance pursuant to this Section by the Zoning Administrator, Hearing OfFicer, Planning Commission or City Council, the granting of any such variance shall be deemed contingent upon operation of such use in conformance with the assumptions relating to the operation and intensity of the use as contained in the parking demand study that formed the basis far approval of said variance. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions as contained in the parking demand study shall be deemed a violation o'r the express conditions imposed upon said termination or modification pursuant to the provisions of Section 18.03.091 and 18.03.092 of this Code. Granted Conditional Use Permit No. 3740 and added the following condition: (Findings in Paragraph Nos. 18 and 19 of the staff report.) That all work on trucks a;1d storage shall be conducted wholly within the building. VOTE: 6-0 (one vacant seat) Selma Mann, Deputy City Attorney, presented the 22-day appeal rights. 02/06/95 Page 19 6a. ~E~A NEGATNE DECLARATION Approved 6b. CONDITIONAL USE PERMIT N0.3741 Granted OWNER: EUCLID SHOPPING CENTER, 2293 W. Ball Road, Anaheim, CA 92804 AGENT: FANCHER DEVELOPMENT SERVICES, Attn: Nina Raey, 1342 Bell Avenue, Ste. 3-K, Tustin, CA 92680 LOCATION: 1696 W Katella Avenue. Property is approximately 18.6 acres located on the southeast corner of Katella Avenue and Euclid Street. To permit the establishment of an auto alarm and stereo sales and installation facility. CONF~i1TIONAL USE PERMIT RESOLUTION NO. PC95-17 ` ~ FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION,. OPPOSITION: None PETITIONER'S COMMENTS: Nina !?aey, Agent, 1342 Bell Avenue, Tustin, CA, agreed to all the conditions. She referred to the Evaluation, Page 21 where it talks about closure of one of the driveways on Euclid. She explained that driveway was closed and the access to the drive-up area in the rear was from the parking lot. Staff is recommending that area. be closed and only have access from the east and that she agreed. THE PUBLIC HEARING WAS CLOSED. Greg Hastings, Zoning Division Manager, stated since that drivewa;~ is closed, staff would further recommend that the area b3t~iveen the back wall and service bays and the property line on Euclid be ft~lly landscaped. Co;nmissionekMe on the cars from Euclid andl MsuRaey agreed and also agreed o of see them wo g landscape the area fully beyond that wall. 02/06/95 Page 20 Ms. Raey stated they are going to close the driveway from the parking lot to the entrance and put landscaping in that araa and there would be a solid wall towards the ~-' side that faces Euclid. Greg Hastings stated staff could work with the applicant in the redesign of the plans. ACTION: Commissioner Henninger offered a motion, seconded by Commissioner Peraza. Approved Negative Declaration Granted Conditional Use Permit No. 3741 with the following added condition: (Endings in Paragraph No. 17 and 22 of tre staff report.) That the area between the back wall of the service bays and the property line on Euclid Street shall be fully landscaped. VOTE: 6-0 (one vacant seat) Selma Mann, Deputy City Attorney, presented the 22 day appeal rights. 02/06/95 Page 21 DISCUSs!9N ITEM: REQUEST FOR APPOINTMENT OF ~1N ~,~^ ALTERNATE TO THE UNDERGROUND UTILITIES COMMITTEE. Appointed AI Peraza as representative and Bob Henninger as aftemate Commissioner Messe requested that the appointment of a Planning Commission representative to the Commun'itywide CDBG Citizen Participation Committee be agendized for the February 22, 1995 Planning Commission meeting. MEETING ADJOURNED AT 2:50 P.M. TO THE FEBRUARY 22, 1995 PLANNING COMMISSION MORNING SESSION AT 11:00 A.M. Respectfully submitted, °`'' dith L. 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