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Minutes-PC 1995/05/15SUMMARY/ACTION AGENDA REGULAR MEETING OF THE ANAHEIM CITY PLANNING COMMISSION May 15, 1995 11:00 AM. - PRELIMINARY PLAN REVIEW 1:30 P.M. - PUBLIC HEARINGS BEGIN (PUBLIC TESTIMONY) COMMISSIONERS ABSENT: NONE STAFF PRESENT: Greg Hastings Zoning Division Manager Selma Mann Deputy City Attorney ,bnathan Borrego Senior Planner Melanie Adams Associate Civil Engineer Greg McCafferty Associate Planner Bruce Freeman Code Enforcement Supervisor Allred Yalda Principal Transportation Planner Margarita Solorio Sr. Word Processing Operator PROCEDURE TO EXPEDITE PLANNING COMMISSION PUBLIC HEARINGS t, The proponents in applications which ate not contested will have five minutes to present their evidence. Additional time will be granted upon request it, in the opinion of the Commission, such additional time will produce evidence `'~ important to the Commission's consideration. 2, In contested applications, the proponents and opponent will each be given ten minutes to present their case unless determined by the length of Ume a particPpan speaks, but athe~by whams said. mission's considerations are not 3. Staff Reports are part of the evidence deemed received by the Commission in each hearing. Copies are available to the public prior to the meeting. 4. The Commission will withhold questions until the public hearing is closed. 5, The Commission reserves the right to deviate from the foregoing if, in its opinicn, the ends of fairness to ail concerned will be served. g, All documents presented to the Planning Commission for review in connec'Jon with any hearing, including photographs or other acceptable visual representations or norndocumentary evidence, shall be retained by the Commission for the public record and shall be available for public inspections. ~ within the jurisdictioneof the Planning Commissionf and/or lagenlda itemsWeEach spesker will be allontted a maz mum of five (5) minutes to speak. AC051595.WP ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA, May 15, 1995 REPORTS AND RECOMMENDATIONS: A. C3ODE AMENDMENT NO 95-04 PERTAINING TO MOBILEHOME Coned 26ed tom PARKS AND DISPLACED MOBILEHOME OWNER. Requested by City Attorney's Office, 200 S. Anaheim Boulevard, Anaheim 92805. To delete and amend code sections mobilehome parks, defining displaced mobilehome owners and amending wording pertaining to relocation benefits. Continued frnm the February 22, March 6, April 3, and April 17, 1995 Planning Co~:~mission meetings. B. -'Ori'i T ZONAL USE PERMIT NO 1978 -REQUEST FOR INITIATION Initiated modification or F MODIFI ATION R REVOCATION PRO EEDIMG :City inftiated revocation proceedings request to initiate modification or revocation proceedings for Conditirniai Use Permit No. 1978 (to permit a 23-unit motel with waiver of minimum number of parking spaces, maximum structural height, and minimum landscape setback). Property is located at 426 S. Beach Boulevard. Approved C. FINAL SITE PLAN REVIEW NO 95-01 -REQUEST FOR RECONSIDERATION OF FINAL SITE PLAN FORA 35-SQUARE FOQT_ revised sign plan WALL MOUNTED SIGN: Dean Cohan, 91517TH Street, Modesto, CA 95354 requests reconsideration of Planning Commission's April 3, 1995 approval of final plans fora 35-square foot wall mounted sign within the Anaheim Resort Specific Plan area. Property is located at 2040 S. Harbor Boulevard. 05/15/95 Page 2 ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA, May 15, 1995 Request was 2a, CEOA CATEGORICAL EXEMPTION-CLASS 21 withdrawn 2b. VARIANCE N0.401 (READVERTISED) INIT{ATED BY: City of Anaheim, Code Enforcement Division, 200 S. Anaheim Bivd., Anaheim, CA 92805 OWNER: .F1on A evOes~58/Plaza Squaree #JMOrange, CA 92666 LOCATION: 883 South Anaheim Boulevard. Property is approximately 0.29 acres located at the southwest comer of Midway Manor and Anaheim Boulevard. Request to consider the termination or modification of Variance No. 4018 (to establish a commercial use in a residential structure) pursuarK to Zoning Code Section 18.03.091. Continued from the February 22, April 3, April 17, and May 1, 1995 Planning Commission meetings. II VARIANCE RESOLUTION N0. ;v ----------------------------------- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Mark Botich, 883 S. Anaheim Boulevard, stated the building permits have been signed by the P`u~ildnngoWepa~rt the curtains are dowunr They wlll getthe permfts ttoday or tomtorrowi moming.eing ACTION: Request for termination or modification of Variance No. 4018 was withdrawn. VOTE: 7-0 05/15/9b Page 3 May 15, 1995 ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA, Continued to 3a ENVIRONMENTAL IMPACT REPORT N0.317 May 31, 1995 3b. ~CENERAL PLAN AMENDMENT N0.334 3c. SPECIFIC PLAN NO.94-1 Lincludina Zoning and Develoament Standa s INITIATED BY: CITY OF ANAHEIM PLANNING COMMISSION, C/0 Anaheim Redevelopment Agency, Attention: Michael Welch, 201 South Anaheim Boulevard, #1003, Anaheim, CA 92805 (A) Consideration of Environmental Impact Report No. 317 as prepared by the Lead Agency (Redevelopment Agency) and adoption of a Statement of Overriding Consideratic~. (B) Approval of General Plan Amendment No. 3.34 tc a^rand the Land Use, Parks Recreation and Commun'dy Services and Environmental Resources and Management (Conservation/Open Space) Elemar~is of ttn~ General Plan to establish consistency between the General Plan and the Deveiopment Areas identified within the proposed Specific Plan, to amend the General Plan designation for the acreage within the boundaries of SP88,3 (not a part of the subject Specific Plan as follows: A. Land Use Element ,~ 1) To add text to the General Plan land Use Element recognizing that the Anaheim Northeast Area Specific Pian is an implementing zone for the Northeast Industrial Area; and that the Specific Plan establishes building intensity for each of the development areas (i.e., Industrial, Industrial Recycling, Expanded Industrial, La Palrca Core, Transit Core and Commercial Areas). 2) To amend the General Plan land Use Element Map for eighteen (18) areas within the Northeast Industrial Area as follows: Figure 1 - An approximate 113.5-acre area from the General Industrial to Business Office/Service/Industrial designation. Subject area is generally located south of Miraloma Avenue, west of Tustin Avenue, north of the SR-91 Freeway and east of Miller Street. Figure 2 - An approximate 39.3-acre area from the General Open Space and General Industrial designations to the General Commercial designation. Subject area is generally located south of the SR-91 Freeway, west of the Atchison Topeka and Santa Fe Railroad right-of- way and north of the Santa Ana Rfver Channel. 05/15/95 Page 4 ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA, May 15, 1995 U Figure 4 - An approximate 2.8-acre area from the General Open Space to the General Commercial designation. Subject area is generally located south and east of the SR-91 /Tustin Avenue interchange. Figure 5 - An approximate 11.3-acre area from the General Industrial to the General Commercial designation. Subject area is generally located on the east skle of Tustin Avenue between La Palma Avenue and the SR- 91 Freeway. Figure 6 - An approximate 8.0-acre area from the Conservation/Water Use and General Industrial designations to the General Commercial and General Industrial designations. Subject area is generally located at the Tustin Avenue/Miraloma Avenue intersection, and north and west of saki intersection. Figure 7 - An approximate 2.1-acre area from the Conservation/Vllater Use to the General Commercial designation. Subject area is generally located between Orangethorpe Avenue and the Atwood Channel, and west of the City limits. Figure 8 - An approximate 7.9-acre area from the General Industrial to the General Commercial designation. Subject area is generally located immediately north (on both sides of Miller Street) of the Miraloma Avenue/Miller Street intersection Figure 9 - An approximate 46.8-acre area from the General Industrial to the Conservation/Water Use designation. Subject area is generally located south of La Jolla Street, west of the Carbon Creek Channel, north of Miraloma Avenue and east of Kraemer Boulevard. Figure 10 - An approximate 10.7-acre area from the General Industrial to the General Commercial designation. Subject area is generally located at all four (4) legs of the Kraemer Boulevard/Miraloma Avenue intersection. Figure 11 - An approximate 10.7-acre area from the General Industrial to the General Commercial designation. Subject area is generally located at the northeast, southeast and southwest corners of the Red Gum Street/Miraloma Avenue intersection. Figure 12 - An approximate 5.0-acre area from the General Industrial to the General Commercial designation. Subject area is generally located at the northeast and southeast comers of the Blue Gwn Street/Miralorrk 05/15/95 Page 5 ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA, May. 15, 1995 Flgure 14 - An approximate 9.1-acre area from the Genets~ll Industrial to the General Commercial designation. Subject area is generally located at all four (4) legs of the Blue Gum Street/La Palma Avenue intersection. (This GPA has been deleted.) Flgure 15 - An approximate 13.7-acre area from the General Industrial to the General Commercial designation. Subject area is generally located at all four {4) legs of the La Palma Avenue/Richfield Road intersection. Flgure 16 - An approximate 23.8-acre area ftom the General Industrial to the General Commercial designation. Subject area is generally located at all four (4) legs of the La Palma Avenue/Lakeview Avenue intersection. Figure 17 - an approximate 58.1-acre area ftom the General industrial to the Conservation/VWater Use designation. Subject area is generally located south of l.a Palma Avenue, west of Fee Ana Street, north of the Santa Ana River Channel and approximately 570 feet east of the centerline of la Palma Avenue and Van Buren Street. Figure 18 - An approximate 15.7-acre area from the General industrial to the General Commercial designation. Subject area is generally located on the south side of La Palma Avenue, approximately 468 feet west of 4` the centerline of La Palma Avenue and Imperial Highway, and north of the Santa Ana River Channel. B. Parks, Recreation & Community Services Element 1) To delete a proposed Community Park site designation from the Park Facilities Plan (Figure 5.1) of the Parks, Recreation & Community Services Element. Said site is located south of the SR-91 Freeway, west of the Atchison Topeka and Santa Fe Railroad right-of-way and north of the Santa Ana River. C. Environmental Resource and Management Element Ooen Soace - To delete an approximate 38.7-acre open space area depicted on the Environmental Resources and Management Open Space/Conservation Element Exhibit, generally located south of the SR- 91 Freeway, southeast and southwest of the SR-91 /Tustin Avenue interchange, and north of the Santa Ana River. (The proposed deletion necessary for internal consistency between the subject element and the proposed changes to the Land Use Element as kfentified in Figures 2~ 05/15/95 Page 6 May 15, 1995 ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA, a) An approximate 11.9-acre addition to the Water Use aret~ adjacent to the Santa Ana River and generally located south of the SR-91 Freeway, west of the SR-91 /Tustin Avenua of the Atn bison Topeka and San Fe Railroad right-of-way. b) Recognizing the approximate 184-acre Wamer Basin as a Water Use area in addition to ft's Sand and Gravel designation. Subject basin is generally located east of Tustin Avenue, south of La Palma Avenue, west of Fee Ana Street and north of the Santa Ana River Channel. (C) Consideration and adoption of a Specific Plan identifying sbc (6) Development Areas for the Northeast area which currently encompasses 2,645 acres including the Canyon Industrial Area as well as properties within and surrounding the boundaries of the Redevelopment Project Area Alpha. The Specific Plan anticipates a total buildout area of 29.3 million square feet by the year 2010, of which 21.8 million square feet is existing. Approximately 3.3 million square feet of t oximateil 7 5 milliolln square feet is lanticiipatedt~as to be reconstructed. App Y new development. (p) Adoption of zoning and development standards to set forth standards, procedures and guidelines for the development ~t Sndrv1Ce~ o~Ces and rate headquarters, research and development, supp cs~mmercial retail areas to serve the demand for a wide variety of goods and services wfthin the Specific Plan area as provided for in Chapter 18.93 of the Anaheim Municipal Code. The proposed Specific Plan zoning designation, SP94-1, would replace the current zoning designations of ML (Limted Industrial), RS-A-43,000 (Residential/Agricultural), and CL (Commercial Limited). The proposed 2,645 acre Northeast Area Specftic Plan and General Plan Amendment project area is generally bounded by the Orangr~ (SR-5~ and the Riverside (SR-91) freeways, Orangethorpe Avenue and Imperial Fighway, and includes the Canyon Industrial Area and properties within and surrounding the boundaries of Redevelopment Project Area Alpha. The 26-acres located at the southwest comer of Tustin Avenue and La Palma Avenue which is located within the boundaries of Specific Plan No. 88-3 (Santa Fe Pacific Plaza Specific ?Ian, also known as PacifiCeincluded wfthin the boundaries of he proposedtGeneral Plan ameendmelntn but are area. 05/15/95 Page 7 ANAHEIM CITY PIANNING COMMISSION, SUMMARY/ACTION AGENDA, May 15, 1995 ~_ ;r., FOLLOWING IS A SUMMARY OF THE PLl1NNING COMMISSION ACTION. IN FAVOR: 7 people spoke in favor with some concerns OPPOSITION: None Commissioncr Messe declared a conflict of interest. Commissioner Caldwell stated he has listened to the tapes of the previous meeting and feels he can offer an informed decision. Michael Welch, Community Development Department, Senior Project Planner, made the fdlowing comments: Proposed Specific Plan for the City's northeast area, plus General Plan Amendment and Draft Environmental Impact Report; Effort began wfth Community Development and Planning Departments about 4 years ago; Specific Plan presented to Planning Commission on May 1st and three or four issues were klentifled; Staff analyzed ail the issues (identified 1 through 61n the staff report) and met wfth representatives of property owners and developers in the area; nding existin Primary goal of Plan is to better accommodate a mix of businesses in that area by expa 9 businesses, establishing new businesses in the area and creating jobs and a balance conducive to upgraded fiscal and economic environment for the city; and it was composed of Planning Design firm was hired by Redevelopment Agency three years ago, plarming and urban design professionals, traffic and transportation engineers and studies were conducted of infrastructure needed, assessing existing conditions and a market study of the area; Alternative selected by the Redevelopment Agency and City Council based on several work shops over the last three years, is referred to as the "Transit Center Alternative"; • and commerceal zoning to the a ea S effecting a pattern of existing dove opment~hat has been approved and developed over time; Since 1979 the Community Development Department as a public investor has invested over $40 million into infrastructure needed and required storm drain system, water and sewer Improvements; Up to $20 to $25 million of new traffic and ~ ransportation improvements required to accommodate development; The Transit Center Alternative is based on t .commuter rail system that will be on line by the Regio Transportation System try spring 1996. The location of the rail stop was pointed out on the exhibit and Mr. Welch pointed out Community Development has funded design and construction of Ynat rail stop this year; Countyrlnto this northeast aeamand into several chiles of Orange Countynterminating atthe Spectrum development in Irvine; There will be an improved shuttle bus distribution system by the City Traffic Engineering staff that will distribute employees to major employers in the northeast area along the La Palma/Mica Loma corridor; 05/15/95 Page 8 May 15, 1995 (r ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA, V • Existing development in the northeast area is approximately 21 million square feet. In contrast this long term development plan would accommodate up to 7.5 million square feet of development over the next 20 years. It is a long term plan and is proposing something somewhat less than the existing General Plan and Zoning would permit Based on reasonable floor ratios for that area, it represents less than 2596 of the amount of density that could be allowed; The plan will accommodate all environmental issues, including traffic related improvements and will provide a mixture of land uses based on appropriate locations for commercial and commercial office uses as an inducement to the City's economic development program; S(x areas were reviewed by staff based on questions and are shown on Pages ~ and 3 of the staff report: • No. 1 -the northwest corner of the intersection of Richfield and La Palma - a request to d ete the proposed commercial designation. They would concur with that suggestion since ft is a less intense use for that intersection. No. 2 -Request from Planning Commission to consider general commercial designation along the 91 Freeway on the north side. The concern there was addressing the possibility of allowing commercial land use where it is proposed for industrial. They feel the amount of commercial development proposed at the intersection of Kraemer and La Palma and Tustin and La Palma, in addition to the development proposed in the transit center area, was based on the traffic study that has been analyzed and used to analyze development for the plan and would accommodate commercial development. They feel expansion of the recreational and amusement uses that are presently along the freeway are an Interim use and they feel any expansion of those uses could be accommodated with this plan through the existing CUP process. Individual proposed development plans along the La Palma corridor would come in based on the owner/developer's desire. Also, they would need to show how that would affect traffic. No. 3 -The designation of commercial land use on the south side of the 91 Freeway presently shown on the General Plan as industrial and open space. On the proposed plan, it is shown as commercial and that is based on direction that staff received from the City Council and Redevelopment Commission and the desire to promote freeway-oriented commercial area to generate retail sales for the city. It was looked at as ~ growth inducement area for the economic development program and represents one ~f the last areas of freeway that has great visibility and is a valuable resource to the development of commercial use. No. 4 -While the existing use is industrial and it is a processing facility and recycling facility, any a dued to the plan to al~ow any request inthe futiure or conditional uses to be co sidereds been There was a request from an adjacent property owner at 2727 E. Coronado regarding screening of the recycling and resource recovery operation and staff considered proposing additional site screening on the east side where they abut another private property. No. 5. The Specific Plan represents a change to the Zoning Code. It does include an environmental imp~.ct report with the technical studies that were used in the analysis, including 05/15/95 Page 9 May 15, 1995 ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA, ~: I traffic and a market study. All the environmental issues that would have come forth in a mitigation monitoring program are included in the Plan and all the traffic and transportation issues are being addressed and solved over time as a part of this plan. No. 6 -The conditions are providing long temp capital improvements that are primarily traffic and transportation related for a longer term goal of the City Council and Redevelopment Agency and the provision of those improvements will take cooperation of several businesses and public agencies to make sure they occur. The plan represents upgrading development standards throughout the Code. It Introduces commercial zoning at major arterial intersections where those Improvements have been made in the past and this plan reflects current conditions in many cases. He nciland Redeve opmient Agency and plan to do thalt in abouto4 on 5 weeksd then move forward to the City Cou Thomas Holguin, representing Redevelopment Commission, stated he was asked to extend the Planning Commission their complete support of the Northeast Specific Plan. Philip Ar;thony, representing the property owners who have developed property in the area south of the freeway along Frontera Street, stated this is a very challenging parcel and they understand the desire for commercial uses along there because of the long freeway exposure. This property has been zoned and developed industrial ,r. by the City for quite a long time and the three existing businesses that are there are all recycling type businesses which do fit the industrial zone and they are there and are doing a lot of important business for the City. All three are successful and thriving businesses that provide a vital function. Mr. Adams' business basically recycles cars and other scrap metal and process and recover ferrous metals (steel, iron, etc.). The other business, DBW and Associates, recycles non-ferrous metals (copper, aluminum, etc.) and together they do a very important metal recycling service for the community. Mr. Anthony stated that freeway frontage has some very serious drawbacks. Access is extremely limited and the only access is from the west off Kraemer along Frontera, and that would amount to an extremely long cul de sac. Commercial development does generate a lot more traffic and most of the site is on top of an old county landfill. He thougKc it would be hard to develop commercial uses there due to the economics of dealing wfth the Ian Hell antoPhis'~rea to make this Ihappent but he has not hieardtanythingRuthat effect.nt is considering investing mo y He suggested a modification to the commercial designation to cover the existing use and he thought that area right now naturally is industrial and that seems to exactly fit what is shown in Area 1A which is the Taromina use. These uses work together with the uses in 1 A and the metals received In that facility are brought right over to the Adams facility for disposition. He thought iti might be better to make this area an additional 1A-Industrial with a recycling overlay and thought that would accurately describe the situation. It would be reasonable to leave some opportunity for commercial ff it could ever be brought into being. It might be possible to consider an additional overlay for freeway-oriented commercial if that was developed in the future. No doubt that freeway exposure is a great asset to the Cfty. Those businesses are both owned and operated by the property owners. 05/15/95 Page 10 ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA, May 15, 1995 George Adams stated he wanted to discuss the Issue of having a review of the use every three years. It is very dffflcult for a business owner to do any type of planning or get any type financing with a three year time Ilmit He stated unless the hotel is removed, there will still only be one access and that the hotel does not have enough parking now. The street would have to be widened which means the restaurant would have to be removed. To take access from Tustin would require an at-grade crossing and that would probably never happen. Commissioner Bostwick asked if Mr. Adams' building is on part of the landfill? Mr. Adams responded that it is. He explained actually the whole rear portion of the property is part of the land fill. It was a granfte sand and gravel pft and part of it was made Into a trash landfill and part was made Into a rubble landfill. Where the shredder sits, the property is actually where the trash portion starts and everything west of the shredders is rubble fill. Dick Clark, Rockwell, stated they reviewed the plan some time ago and expressed concerns to the staff and they have answered their questions satisfactorily and they would offer their support of :he plan. Camille Youseff stated Fugita Corporation owns about 11 acres at the southeast comer of Fee Ana and Mira Loma. They Just received the plan today and did not have enough time to assess the impact on their property. He stated this is a vacant site and is zoned industrial. Mr. Welch pointed out the location of the property on the exhibit and stated all the existing zoning in the project area, except the area in the far east, is zoned ML and this plan does not change that zoning. This plan offers -' the flexibility to allow a number of other uses by right Mr. Youseff asked if this Plan would change the setback and landscaping requirements. Mr. Welch explained there are site development standards that were upgraded for all six development areas and he thought in Area 2, which is what that property is designated, it represents an upgraded setback requirement and that he could provide that information. Mr. Youseff stated they feel the setback requirements would negatively impact the development of their property. They have been trying to accommodate abuild-to-suit tenant and with the situation of the property they know they have a 50-foot setback at the present time, and they are having a problem wfth it. Mr. Welch said the present requiremen: is fora 50-foot setback and the proposed plan is for 50 to 65 feet, depending on how the parking is designed in relation to the building. Vince Taromina stated they are here to support in full the EIR, GPA, and Specffic Plan. He complimented staff for presenting such a comprehensive plan and they think it will bring a blend of commerce, jobs and a better quatfty of life to the community. Dave Williams, DBW and Associates, stated they wholly support the Plan. He stated recycling is a necessary evil in this community and they are the only facility in North Orange County that can process and handle all the 05/15/95 Page 11 ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA, May 15, 1995 ~,_ various types of metals. Without businesses such as his and Mr. Adams', the landfills would be overload:-xl wlth trash and recyclables and there would be a lot more environmental problems. He added they do need to get financing and it means a very large investment to provkfe the equipment and employees and they need to krww that they are going to be there for awhile. Chairwoman Boydstun asked ff any of the recyclables are sold to local businesses. Mr. Williams responded most of the recyclables are consumed by the very large consumers. They are the ones who melt the metals and make them Into new products. He added because they are on the fteeway ftontage and have good visibility and easy access, more people recycle and this Is the ordy drive-through recycling center in Orange County. Fred Kinney, Camelot Golfland, 3200 E. Carpenter, stated they are in favor of this plan. About 20 years ago, .n 1974, they purchased an extra 4-acre parcel with 2 acres for parking and 2 vacant acres. The Canyon Zoning Ordinance precluded them from putting any recreational uses on that vacant land and with this new Specific Plan, they can apply for a conditional use permit to put recreational uses on that property. Tloey are right on the border of the industrial and commercial designations and their access is a minor Issue. Their recreational use more closely resembles a commercial use and asked ff it is possible to extend that cormercial boundary to Include their additional four acres. He felt the commercial designation would be better even though they understand :hey can apply for a conditional use permit with the industrial designation. THE PUBLIC HEARING WAS CLOSE4. '~ Chairwoman Boydstun stated he Commission just received a faxed communication regarding the YcrJer's property. She stated they have a different street than shown. Greg Hastings stated that area has not been discussed yet. Apparently, the concerns are the provisions in the Code having to do with lugal non-conforming or "grandfathering". That properx;~ is currently in an industrial zone. He noted the locations are Kraemer and LaPalma and Kraemer and La Jolla. Commissioner Henninger indicated he thought they were right at tho west end of the commercial area and all the uses in that area would be grandfathered and the only problem that the owner would have is the parking which +s much lower for industrial than for commercial and in order to convert, they would have to Increase the parking or request a parking waiver. Commissioner Henninger asked ff a tenant moved from this industrial park and a new tenant was coming in seeking a permit, would that new use be grandfathered as well. Mr. Hastings responded any industrial use would be permitted and noted there is a similar situation at Haster and Katella and industrial uses come and go and they are allowed in those buildings untie the owner wishes to modify the building to something, commercial. Commissioner Henninger asked ff that is wr'~ten somewhere in this plan. 05/15/95 Page 12 May 15, 1995 ANAHEIM CITY PLANNING COMMISSI~7N, SUMMARY/ACTION AGENDA, ~j Mr. Hastings stated the existing nor--ca~orming ordinance would be superseded in a certain rasped by the new proaskin for new requiremtentsiuNess the owner is iconverting a use from industrial to comma lal hh mself•~ be 9 Commissioner Henninger asked ff the recycling uses are a nomnally-permitted condtional use in tha Industrial zone as proposed in this specific plan. Gregis worded o allow ft in the cotm ercial zzone southuof the 91 Freeway by a~c:orxiftional use permft.S~~ Pla Commissioner Henninger pointed out ft is proposed to allow them wfth 3-year time Iimfts. Commissioner Peraza suggested the time limft could be longer. Commissioner Henninger stated he thought maybe the Commission was not dear when talking about commercial along the freeway and that he did not have in mind general commercial, but freeway-oriented commercial which is qufte different. He thought what he had in mind could be accomplished by adding a list of boat sales, truck sales, equipment renal, freeway oriented-businesses such as automotive sales and service, hom ;ffreeiwaingri ~ ht-of-way,'itha9wou~ld p obablyldescribe what he hadsin mindio~ly ~~~~ whin 500 feet of the 9 Y 9 Mr. Bruckner asked ff the desire would be to get regional draw to those businesses and ff there wouln be~eliomf ft fir; on minimum square footage. He stated they were actually looking at similar situations on the oppos the freeway. They looked at concepts such as no building smaller than 50,000 square feet and no individual use smaller than 20,000 square feet. Commissioner Henninger stated imposing a limit on minimum square footage would exclude uses such as automobile sales because they would not have a 50,000 sq. ft. building, but would have a bigger sales area. He thought the commercial designation to the south of the 91 F.eg+~ay is too broad and that maybe that should be left industrial, with conditional use permits to merchandise the freeway frontage in terms of businesses that are important to the City. Mr. Bruckner asked ff that would permit the recycling expansion by right. indusMal iarea and he did not think the crhangetwou d perm them by ~ighttandbhe was not~~Pposed o~ in the modification of that requirement. Mr. Bruckner stated he thought that would achieve the same objective they were trying to achieve. Chairwoman Boydstun asked about the time limits on the conditional use permts. Commissioner Henninger responded he was hoping they would not have a time 11mft. They would be able to 05/15/95 Page 13 ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA, May 15, 1995 apply under the normal conditional use permit procedures and the decision could be made then. Commissioner Bostwick referred to the north side or the freeway and asked ff the intent is to leave K the way ft is industrial with thatysame ab ity. sHe asked ffhthat~answers the concerns withhCamelotging the o'~her efts to Commissioner Henninger stated he suggested changing the small lot for Camelot to commercial at the last meeting. He thought the plan is balanced because a lot of the other commercial designation would be allowed. Selma Mann, Deputy City Attorney, stated with regard to the non-conforming uses, the Specific Plan addresses directly the non-conforming building and it talks about the extent to which a building could have internal modifications before It would be open to certain of the site development landscaping requirements. A building would not have to be moved to meet setbacks. The language deals just with non-conforming buildings. To the extent that there is something that is not specifically addressed In the Specific Plan itself, staff would look in the non o forming use eitherr In a conforming or noin-conforming building and that would nottbe changti~on of a She stated the issue mentioned on behalf of the Yoder property owner regal its permi~tte~d ands h~ing ing use coming in and not being permitted to continue in the same category, non-conforming Code. They could not expand without conforming with the provision. Commissioner Henninger stated ff someone had an industrial park, they would be able to continue to operate that industrial park and have tenants come and go in the same manner they do now. He asked ff they would be able to expand an existing use with the language in the plan. Selma Mann stated the non-conforming uses are one category and non-conforming buildings are another category. Non-conforming uses can be ekNanded within the building, provided there are no structural changes. If there is a different industrial use and no structural alterations are made, the non-conforming use in a non- change from aindindus ialbuse to another more inte sNetindustrial ~ se,~hat would havle to be Ilooked at ve y s a carefully. Commissioner Henninger stated he thought the exact language of this is tighter than the Planning staff interpretation at the counter. He asked ff language could be included in :he Specific Pian to make it conform with what is actually happening. He thought the language should loosen some non-conforming provisions for purposes of this plan. Selma Mann stated the non-conforming provision could to modified to add anon-conforming use section and put in the language being requested by the Planning Commission. Commissioner Bostwick asked ff it makes sense to designate the south skis of the freeway as to -the recyding overlay, pointing out it is already industrial and will be left as industria! with a recycling overlay with the additinnai freeway-oriented businesses. 05/15/95 Page 14 ANAHEIM CITY PLANNING COMMISSION, jiJtJIMARY/ACTION AGENDA, May 15, 1995 C. ~ Commissioner Henninger stated he would prefer to leave that decision for a later date. Those existing uses have along history and he did not feel like disturbing that zoning anymore than necessary. Mr. Bruckner stated he thought that proposal meets the~un bj t ~e ~e'that area and gives them the flexibility to attract ~•om~~nercial uses and allows _he industrial oppo fry Commissioner Henninger asked ff there is any great urgency in gett~-rg this approved. Mr. Bruckner responded he thought it is more important to get it right than to move it quickly. Commissioner Henninger stated he would suggest a continuance and Mr. Bruckner stated staff is evaluating whether a readvertisement is requi.-ed. Greg Hastings stated since the General Plan Amendment is a recommendation to the City CouncU and the Council will have to have another public hearing, ff there are any refinements to the General Plan Amendment and recommeend to the City Council that 9hoserchantges be~adv t ised at thl6 City Cour~ili evel. could act on it Commissioner Henninger stated he would like to continue this for two weeks and asked staff to bring back some exact language on conditionally approved fteeway-oriented businesses that would be allowed within 500 feet of the freeway and those should include automobile sales, truck sales, fumfture, home building yroducts, recreational vehicle sales, boat sales, etc. He suggested leaving the south side of the freewa a industrial with i`,. conditional use permits allowed. He suggested language that gives the people who are being changed in the industrial parks a little more comfort that they can continue operating their industrial parks. He added he liked what th° ?! :~ning staff had to say and did not feel what they were actually saying was exactly what the Code says and wanted to be sure that the Specific Plan allows all the Planning staff was describing. Selma Mann explained there are no existing CUPs for the DBW and Associates, the Adams International Metals or Pull Ur Part businesses. Adams International Metals and Full Ur Part are being operated pursuant to stipulations to the C'dy Council so that business can provide an Income stream for environmental dean-up of the property. There are actually some specific code sections that permit this very narrow use of the property for that purpose. The property is no: all in the industrial zone and one portion is in the RS-A-43,000 residential zone. The DBW facility is operating without benefft of a CUP at this time. Chairwoman Boydstun reopened the public hearing. ACTION: Continued subject request to the May 31, 1995 Planning Commission meeting. VOTE: 6-0 (Commissioner Messe declared a conflict of Interest) 05/15/95 Page 15 May 15,1995 ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA, ~i ~~ _ ^ErA NFrATNE DECLARATION_ ONDITIONAL SE PERMIT N0.3~ M~s YSTEM, RE CALIFORNIA STATE TEACHERS' RETI OWNER: C A 7667 Folsom Boulevard, Sacramento, wne And Country Road, Ste. 1 T o FRANKLIN D. COLE, 111 39, Orange, CA 92662 AGENT: CA 92e660~RNIE WEBER h N 1 ~d S , ewport Beac 300, te. ko 3501 Jamboree Road, Ste. 300, c/o Donohue Schriber, Newport Beach, CA 92660 LOCATION: 60 North Eu lid treet (Anaheim Pla~~~ Shoes roximately 9.02 acres located at enter . Property is app t Avenue and Euclid Street. the northeast comer of Crescen 4a. 4b. To pe en a 610microwav a dish antennaeuvarying intsize fromh2 feet do 10- of sixt ( ) feet in diameter, including an accessory equipment room Continued from the May 1, 1995 Planning Commission meeting. CONDITIONAL USE PERMIT RESOLUTION NO. _~ Continued to June 12,1995 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Continued subject request aoteh~a a elor~ ion sitesnning Commission meeting in order for the applicant to search for VOTE: 7-0 05/15/95 Page 16 ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA, May 15, 1995 5a. CEQA NEGATIVE DECLARATION 5b. WAIVER OF CODE REQUIREMENT 5c. rONDITIONAL USE PERMIT N0.3751 OWNER: REDA A. WASEF, 2324 Corydon, Norco, CA 91760 AGENT: FAYEZ SEDRAK, 1100 North Euclid St., Anaheim, CA 92801 LOCATION: 1100 North Euclid Street. Property is approximately 0.51 acres located at the northeast corner of La Palma Avenue and Euclid Street. To permit an accessory convenience market (with prepared food and off- premise sale and consumption of beer and wine) and an automated car wash with waiver of required trees adjacent to street frontages, requlred setback adjacent to an arterial highway, and landscape requirements adjacent to interior property lines. Continued from the April 17, 1995 Planning Commission meeting. ~~,. CONDITIONAL USE PERMIT RESOLUTION NO. Continued to May 31, 1995 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None PETITIONER'S COMMENTS: Reda Wasef stated he had read all the condRions in the staff report and has two concerns. Regarding the 15 trees required by the City, he stated due to the size of the property and in order to meet the parking requirements, they cannot provide 15 trees. a letter from Mobe and itlwill show thetdifflculty for the truckidrivterto make gasoline delivees andsthat~would s Impact their business. Commissioner Bostwick asked ff the applicant is still proposing to put 'n a car wash tunnel at the north end of the building. Mr. Wasef responded "yes". Commissioner Bostwick stated ff the driveway was closed, there would only be one dfireway and all the traffic would be coming and going out of that one driveway. He asked where the entrance to the car wash is located 05/15/95 Page 17 ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA, May 15, 1995 (~ and Mr. Wasef responded it is on the Euclid side and the vehicles would exit out the back. Jonathan Borrego, Senior Planner responded to Commissioner Caldwell's concern about the trees and explained the only deficiency on the plan are the trees along the eastern property line adjacent to the mortuary. Staff did have a conversation with the applicant's architect and let h1m know that there would be three additional tree wells adjacent to the existing property line required. He thought that could be accommodated without affecting the proposed parking supply. He stated other trees were in the planter areas adjacent to the street ftontages and staff feels comfortable with the number of trees proposed. The latest plan also reflected wkfening of the landscape planters from 3 feet to 5 feet which was necessary to accommodate the growth of the trees. He stated staff would recommend approval of this plan, subject to the provision of additional tree wells along the east property line. Commissioner Bostwick stated he thought it would be impossible for this property to be Improved in this way ff that driveway on Euclid was closed. All the traffic would have to turn and come in one driveway and then come out on la Palma and northbound traffic would have to then try to make a 'u' turn and he did not think that functions properly. Commissioner Messe thought ff a vehicle with an on-board propane tank was filling their propane tank and was parked in the space next to the propane tank, that would block the car wash tunnel. Commissioner Bostwick pointed out the diagram doesn't represent what is there now and usually the tank is closer to the property 11ne. {"'" Commissioner Henninger asked if the traffic engineer had read the letter from Mobil regarding Harbor Boulevard being posted. Alfred Yalda stated even if it is posted. if that is the destination for a truck to deliver their products, they could use that street and there is no restriction. Mr. Wasef stated the station is on Euclid and Harbor is not the destination for the del'Nery and they are not allowed to use Harbor. Mr. Yalda stated if there is no other way to get to their destination, then they can use Harbor. They do not have to use Harbor and he thought there are other ways to get to that gas station. Commissioner Caldwell stated the problem with this whole Issue of trucks and access is based on the request of staff to close that southern driveway on Euclid. The applicant's contention is that the trucks have to get off the freeway at harbor and travel west on l.a Palma and that poses some difficulty for those trucks to get in and out of that station. He asked if there is a restriction for the trucks to use Euclid. Mr. Yalda responded they could use Euclid and added he would provide them with a copy of the City's truck route. He stated the concern fs that the driveway on that corner creates potential conflicts. People making left turns at the intersection will slow down or stop and people going north will slow down or stop and people going westbound on la Palma making right turns stop and turn into the driveway. 05/15/95 Page 18 May 15, 1995 ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA, ~~' Commissioner Caldwell agreed that is not a safe location based on his drNing experience. There is too rnu,; h going on for that driveway to be that dose to the comer. He stated the applicant has indicated dosing the drlve:'°y will restrict the abilfty to make deliveries of gasoline to that station and he could not fled any justification to support the applicant's position. He referred to the propane tank in ftont of the northern driveway andsca~ing to keep them ouut of the path lof thehngress and egress from the northern driveway.e hind the P Jonathan Borrego, Senior Planner, stated he thought there was a parking space designated there to the east. He did not think it had a specific designation, but that was the Intent. Commissioner Caldwell asked ff space could be designated to be used for filling the propane tank and there would have to be convenient access to the tank. If the car parked on the south skis of the tank, it would create a conflict with the driveway. Chairwoman Boydstun stated that area is only 18 feet long and the average recreational vehicle is going to be 30 to 35 feet long. Commissioner Messe stated that will not work and that the circulation to get the r.v. out of there is very cumbersome. They would have to waft for the fueling islands to be dear. on thelea t property lineralong tthe ence~it wouldhcleear t erdriveway but it hasitoibe set back far entogh ftoms the street. Commissioner Caldwell stated it doesn't appear there is suitable circulation for a propane tank, unless the plan is revised. He stated the southern driveway on Euclid should be closed and the propane tank located in a way so that it doesn't pose a danger. Commissioner Messe clarified one of the employees helps the customer fill their propane tank and that nom~ally takes about 10 to 15 minutes. Mr. Wasef stated leaving the driveway open would not cause a problem. If they dose the driveway, they would have to relocate the propane tank because all the traffic would be from one exit. Chairwoman Boydstun asked how the r.v. vehicle will golnroomde( op~Pa enough room to ddrivethrough since would have to wait for the gas station bays to be empty they cannot go around because of the car wash. Mr. Wasef stated they have three islands and the r. v. could go through etcher one and most of the time, all three islands are not being used. Commissioner Caldwell stated he could not support n the way it is shown now. At least some of the time it would not be safe and ff the business is successful, there will be the situation where all the islands could be full and the r. v. would create a problem. 05/15/95 Page 19 ANAHEIM CITr PLANNING COMMISSION, SUMMARY/ACTION AGENDA, May 15, 1995 ~7 is alsoafull service and most of the time the e~ Isinnot cae i that lane and even ff theredwashaocar there, there is still enough room for another vehicle to go by. Alfred Yalda asked the distance between the building and the fueling island. Mr. Wasef responded he wasn't sure. He thought ft appears to be 22-23 feet wide. Mr. Yaida stated he would be happy to work with the applicant. Jonathan Borrego stated it seems the propane tank adjacent to the car wash entrance is the problem. Commissioner Henninger stated there seems to be a consensus of the Commissioners that they would like to see that driveway closed. The other driveway would become the only entrance on that street ftontage in the location of the propane tank. It looks like i< has great potential for people to block that drNeway while they are filling their propane tanks. That area needs to be out of the circulation pattern so ft will not block traffic. Commissioner Messe stated there is no circulation around the building. Mr. Yalda stated maybe ft could be relocated to the rear of the building and Commissioners Messe and Henninger suggested Mr. Yalda work with the applicant. Commissioner Henninger asked ff that driveway could be left open and the other driveway closed. '~ Mr. Yalda stated the major concern is with that driveway because when they researched the 3-year accident history at this Intersection, ft indicates that ft is this particular driveway that creates the problem. He explained a dinou suddenly stop o tom into hati drivewaykthat is a potentdial foeaniaccide tanidtheosame thing is throe Y for the northbound traffic. Commissioner Henninger stated he has seen that potential at the Cinemapolis and he understands that that is the right driveway to close. ACTION: {oi the applicant tormeetswith Traffic Engineer ng staffiagd des gn an a ceptablen order circulation plan. VOTE: 7-0 05/15/95 Page 20 +~ May 15, 1995 ~ ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA, 6a. E(iA NEGATIVE DECLARATION 61?. niialVE° r~F c`ODE REQUIREMENT ~, ONDITIONAL SE PERMIT N0.37 CA 92803 OWNER: SHELL OIL CO., 511 N. Brookhurst, Anaheim, AGENT: SERVICE STATION SERVICES, 3 Hutton Center DrNe, Ste. 711, Santa Ana, CA 92707 ti n . LOCATION: 87 Ea t La Palma Avenue fSheii servi Property is approximately 0.51 acre located at the northwest comer of La Palma Avenue and Kraemer Boulevard To permit tconvenie ecie market andtarutomatied ca trwash wfth aNer of accessory meestanding signs and minimtum required landscaping for service f stations. Continued from the March 20, 1995 Planning Commission meeling. ,`~. CONDITIONAL USE PERMIT RESOLUTION N0. Withdrawn OLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. F Accepted request from the applicant to withdraw subJect proposal ACTION: VOTE: 7-0 05/15/95 Page 21 ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA, May 15, 1995 ~~ 7a. ^EA° NEGATIVE DECLARATION 7b. RECLASSIFICATION NO.9495-08 7c. WAIVER CODE REQUIREMENT 7d. CONDITIONAL USE PERMIT N0.3760 OWNER: EXXON CORPORATION, 601 Jefferson Street, Ste. 3375, Houston, Texas 77002 AGENT: TAREK BERRI, 16102 Jennet Street, Westminster, CA 92683 LOCATION: 260 S Euclid Street. Property is approximately 0.51 acre located at the northeast comer of Broadway and Euclid Street. To reclassify subject property from the CH (Commercial, Heavy) to the CL (Commercial Limited) or a less intense zone. To permit an automotive service station with accessory automotive repair and a convenience market with waiver of minimum landscaping at street frontages and minimum landscaping of interior boundary lines. '~,,., RECLASSIFICATION RESOLUTION N0. PC95-49 CONDITIONAL USE PERMIT RESOLUTION N0. PC95-50 FOLLON:!"7G IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Approved Granted Approved Granted Terry Berri, agent, explained the plans are to reopen the closed service station. In reviewing the staff report, his main concern was the planters and the 30-foot high Washingtonia palm trees which are being requested. He stated he plans to plant four palm trees on Broadway in the 10-foot planter. They can plant the trees requested, but his main concern is the cost and they would want to plant something less in height because those 30-foot trees would require a crane and flatbed truck. They are not in a box He added they can put one in the planter existing on the east side of the property and one at the intersection at the entrance, one~in~' Eucl d aHe added one on Euclid and there is an existing tree at the edge of the north end of the property the smaller palm trees would grow fast. He stated there was a comment in the report about revising the service station development standards and with those revisions, it would only require four trees compared to the 7 being requested now. He referred to a requirement for 4x4 planter areas for the trees and stated they have the continuous 3-foot planter area. He sidetof the builds ~ theyuarle providin5 5 feet i stead of 4rfeet. Where it Is existingeiit9s not easat give more h 05/15/95 Page 22 ANAHEIM CITY PLANNING COMMISSION, SUMMARY/A~"TION AGENDA, May 15, 1995 U and he did not see any reason to break it out and destroy it which would cost them more money. He stated the report refers to proposed food service and the requirement to provide 5 additional parking spaces. They have plenty of room to give the extra five parking spaces, next to the eight an the east skis of the property and they could add 3 spaces and 2 next to the handicap area in front of the restrooms. Mr. Borrego stated since he is planting four palm trees, there is a need for additional trees in the public right of vray. Commissioner Caldwell stated he would like to see a lot of trees but he did realize there is some expense involved. The Redevelopment Agency and the City of Anaheim are trying to create a landscape continuity to make that whole area look Setter. He thought it looks bad right now and part of the reason is because that station is vacant and the market across the street is vacant and it appei.,rs this is on the verge of solving both of the problems. The Redevelopment Agency i~ trying to create a landscape whS,~;ti makes the area pleasant and a good area to come to and may enhance their business. 64r. Berri stated he is not against the palm trees at all and proposes to plant palm trees on the sides and in the back, but is asking to plant shoi2er palm trees because of the expense. THE PUBLIC HEARING WAS CLOSED. Commissioner Caldwell stated the applicant is willing to meet the requirements of the Code but with smaller ~.. trees because of the cost to plant the caller trees which requires a crane and tractor trail4r. He thought there could be a compromise and that is a big expense to put in that kind of landscaping. That would be a big asset to the City to have that corner back in operation and have something there besides a chainlink fence. Brad Hobson, Redevelopment Agency, stated they have had discussions with the applicant about what they are trying to do on Euclid Avenue. Between Broadway and Lincoln, they want to have the same format they have on North Anaheim Boulevard. The ultimate code would require Washingtonia Robusta Paim trees every 40 feet with a smaller canopy tree between. On the other sic:e of Euclid, across from subject property, the proposed Lucky; Save-On complex to be developed is planting the Washingtonia Robusta Palms as part of their project every 40 feet along Broadway and Euclid. Eventually as the Plaza Redevelopment Project Area ages and develop some revenue sources of fts own, they would go back and install those canopy trees. They feel strongly that this corner of Broadway and Euclid deserves some kind of statement with regard to landscape and streetscape as an entrance into this Plaza Project Area. Chaiwoman Boydstun asked when they are going to install the trees across the street. Mr. Hobson stated their experie:~ce wfth the 30-foot high Washingtonia Robusta Palms is that the cost for installation has ranged from about $700 to $1200. He added they do require a crane. Chairwoman Boydstun asked ff something could be worked out where this applicant could plant the two trees when the trees across the street are planted so that he would not have to pay for a crane, etc. Mr. Hobson stated the developer is installing the trees across the street. 05/15/95 Page 23 May 15, 19.95 ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA, ,:.o .- Commissioner Caldwell stated this gentleman is opening a Service station and not a Bank of America. It is a small business and that would be a tremendous cost. The Commission wants to see the landscaping and alt the improvements but is looking for a compromise. wou dobe installed at a at ridate and the applicant payfngthe ffees prior to thei issuancteo~ h ebuildingepemtft Commissioner Caldwell asked ff that fee could be determined today so he would know what is irnolved. Mr. Hobson stated with tha Agency doing the work at some time in the future, the cost for installation is abeut $1200 each, so four trees would be about $4800..90. Chairwoman Boydstun asked why he would have to plant trees on Broadway and Mr. Hobson responded the Comrnission can decide if they only want -him to put them on Euclid or on Broadway. The plan does allow for that series of palm frees on Broadway and Euclid. He stated he could only accommodate 2 trees on the street frontage and they are between the two driveways. Commissioner Messe did not see how this business could be compared with the one across the street. Mr. Hobson stated across the street there is a new development and they are putting in this series of palm trees and will allow for the installation of the canopy trees at a later date. He stated Mr. Berri talked about putting in smaller trees adjacent to the public right-of-way, but the standard is `W going to be 30-foot high Washingtonia Robusta. ndicated she diddnot think~a bus nesspof this sizeishould be required for plant fourtrees tha paagethe trees. She Mr. Berri responded he would be willing to comply with that and Commissioner Caldwell pointed out the trees cost $1200 each. Mr. Hobson stated Fledevelopment would be willing to accept payment fcr two of the trees and that those trees would be planted at a time when they would be doing a larger landscaping project. Concerning the food service with the extra f'roe parking spaces, Mr. Yalda stated it appears they have enough roon+ for those five spaces. Mr. Berri responded to Chaiwoman Boydstun that he is not requesting the sale of beer and wine. Commissioner Peraza suggested that be included as a condition. Commissioner Henninger stated staff wants the planter along the interior property line to be widened and that seems like a big expense. If the planter is already these, it would be real easy to plant a few more trees along that edge. Mr. Berri stated thoy can add more tress and that planter is there and it is continuous instead of the 4x4 boxes. 05/15/95 ( Page 24 ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA, May 15, 1995 Commissioner Henninger stated if they added trees and met the standard of 20-foot on center, he though that Mould be more than 7 trees. Mr. Berri stated they have 7 trees now but there is a good size gap at one point where they can add more trees. Greg Hastings stated a condition should be added that there will be no sale of beer or wine. Commissioner Henninger stated the stipulation regarding the trees should be included. Commissioner Caldwell asked about allowing the food preparation and Jonathan Borrego stated there should be enough room for parking to add the food preparation. Mr. Borrego expls~ned the new standards proposed would require four trees per street ftontage but that should not be used as a basis for approva- of this request. He stated that waiver would still be necessary today and they would need a total of 14 trees adjacent to the street ftontages and that excludes the cues on the interior lines. ACTION: Approved CEOA Negative Declaration Granted Reclassification No. 94-95-08 Approved Waiver o` Code Requirement Granted Conditional Use Permit No. 3760 with the `ollowing added conditions: ~W That no alcohol sales shall be permitted. by thehAn pheim Redevlelopyment Agency. oSaid cost shal~not exceed a total ofttwenty fou~ruired hundred dollars ($2400;. That tFiis Conditional Use Permit is granted subject to adoption of a zoning ordinance in connection with Reclassification No. 94-95-08, now pending. That a revised parking plan shall be submitted to the Traffic Engineering Division for review and approval in the event that the sale of prepared food items is proposed. VOTE: 7-0 Selma Mann, Deputy City Attorney, presented the 22 day appeal rights. 05/15/95 Page 25 ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGERDA, May 15, 1~5 \. ~ 8a. ~yIRONMENTAL IMPACT REPORT N0.311 (Previously Certified) Approved at. ~aEClFIC PLAN NO 82-1 AMENDMENT N0.2 Granted OWNER: MELODYLAND CHRISTIAN CENTER INC., Attn: Joan Luckey, 400 W. Freedman Way, Anaheim, CA 92802 AGENT: ELFEND AND ASSOCIATES, INC., Attn: FranMyn Elfend, 610 Newport Center Drive, #1290, Newport Beach, CA 92660 LOCATION: The proposed Amendment area is an irregularly-shaped parcel of land consisting of ap~~roximately 9.86 acres, having a frontage of approximately 630 feet on the south sloe of Freedman Wa;~, having a maximum depth of approximately 900 feet, and being located approximately 260 feet west of the centerline of Clementine Street, and further described as 400 West Freedman Way (Melodyland Christian Center). The proposed Amendment area is located wfthin the boundaries of The Disneyland Resort Specific Plan No. 92-1, Parking District (East Parking Area), GR Overlay. To consider Amendment No. 2 to the Disneyland Resort Specific Plan No. 92-1 {Including Amendments to the land use plan, public facilities plan, design plan, and zoning and development standards), and to determine if the previously-certified EIR No. 311 Is adequate to serve as the environmental documentation for subject amendment. Amendment No. 2 of The Disneyland Resort Specific Plan No. 92-1 prop;.ses to redesignate an approximate 9.86-acres of The Disneyland Resort from "Parking District" to "District A". SPECIFIC PLAN RESOLUTION N0. PC95-51 FOLLOWING i3 A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: 1 person PETITIONER'S COMMENTS: Frank Elfend, agent, stated he has read t~~a staff report and has no comments. He thanked staff for their cooperation. Cindy Paulson, Palmeri, Tyler, Irvine, stated they represent Pyrovest Corporation, owners of the Anaheim Plaza Hotel, and they are requesting a continuance for two weeks since they just received the staff report late Frkfay afternoon. She stated District A was created pursuant to a settlement agreement between Disney, Pyrovest and the City of ~ ~aheim. Commissioner Henninger asked why they want the continuance. Ms. Paulson stated they vrant to review the specffic play. more and find out more about what is entailed. 05/15/95 Page 26 ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA, May 15,1995 Chairwoman Boydstun stated their property is not irnolved. Ms. Paulson stated their Interest is that the District A was pursuant to a settlement agreement between their client, the City and Disney, and they spent a lot of Ume, money and effort into making that disMct and want more Information. Funk Elfend stated the request today is basically to remove the primary designation of that she as a parking district and it has absdutely no impact on the adJacent property. The District that was created, in part, was related to a settlement agreement, but he was sure staff would call that another district ff ,hey wanted to. The underlying zoning will be the Anaheim Resort Specific Pian zoning so there really Isn't any change other than simply removing the parking district as a primary use. They would not conskfer a condition on something that >s purely related to the land use of this property. If they have questions, they will have a few weeks before it goes to the City Council and they can have those questions answered then. THE PUBLIC HEARING WAS CLOSED. Commissioner Messe agreed that this is an amendment to the specific plan and it will be going to the City Council and they will have sufficient time to review it. Commissioner Henninger stated a settlement agreement was mentioned and asked ff there is anything the Commission should know before they act. Selma Mann, Deputy City Attorney, stated she did not have that settlement agreement in ftont of her, but did not ~..r waskcreated. nShenstated ff the Commission wants pecffic advice on that, she wtou d request that this ~ that continued. Commissioner Henninger stated basically this doesn't affect their property and Just affects Melodyland and that he was comfortable going ahead wfth action now. ACTION: Determined that the previously certified EIR 311 is adequate to serve as the required environmental documentation for subject request. Approved Amendment No. 2 to Specific Plan No. 92-1 subject to the findings and conditions contained in the staff report. VOTE: 7-~ Q ~r i5/95 Page 27 ll ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA, May 15, 1995 \_ 1 '~ ga, (~-EQA NEGATNE DECLARATION I APProved 9b. CONDITIONAL USE PERMIT N0.3759 Granted OWNER: SAM J.'WIWAMS TRUSTEE, WIWAMS FAMILY TRUST, 112 E. Commonwealth Avenue, Fullerton, CA 92632 AGENT: BRIAN S. WIWAMS, 112 E. Commonwealth Avenue, Fullerton, CA 92632; B.P. MOWLAVI, 122 S. Magnolia Ave., Unft'H', Anaheim, CA 92804 LOCATION: 2~5 W Uncoln Avenue, Property is approximately 2.35 acres located on the north side of Uncoln Avenue and approximately 292 feet east of the centerline of Undsay Street. T~ permit a specialty grocery market/liquor store (with beer and wine sales only). CONDITIONAL USE PERMIT RESOLUTION N0. PC95-52 \ FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSIT%ON: None PETITIONER'S COMMENTS: Brian Williams, representing the Williams Family Trust, 112 E. Commonwealth, Fullerton, stated he reviewed the staff report. Conceming the plants and trees in the parkway, he stated he did comply with staffs wishes and that he planted six palm trees in the front. Unfortunately, they disappeared without their consent and that they will do everything they can to replace them and maybe plant them later at night su no one will know they are Just being planted. Conceming the sale of beer and wine at this location, he stated they are applying for a condftional use permit for the convenience market. He stated they had a license at this location for over 10 years. There was an operation there which did sell beer and wine. They are requesting that the new tenant be able to provide the same service for the convenience of the community. They intend to service customers ftom the large apartment complexes and the proposed townhome development across the street. This fs the closest convenience market to the access of that development. It is their Intention that the customer could cash their checks there and pick up convenience items including beer and wine at the convenience market. He stated he thought the benefit of a strip center is for the custor~iers to be able to do something quickly and efficiently. He stated they have not experienced any problems in the last 10 years related to the sale of beer and wine at that location. They would be willing to provide any signs the Commission would require. 05/15/95 Page 28 ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA, May 15, 1995 C.i THE PUBLIC HEARING WAS CLOSED. Investigator Jlm Gandy, Anaheim Police Department, stated they provided a memorandum regarding the concerns of the Police Department wfth the addition of any ABC license in an area that is already above the nom~al crime rate. There are already six off sale licenses in that census tract. There is one right across the street which is to a different census tract and has a crime rate above average. The population for ABC regulations would allow three licenses to be In that area and there are sbc. The Police Department posftion would be to deny the beer and wine sales portion of this conditional use perrnft because of the adverse effect ft would have on the crime rate in the communfty. The applicant stated he thought the hours of the store from 8 a.m. to 8 p.m. should be considered. Officer Gandy agreed that the intent is to provide a full line customer the service of having beer and wine rather than an individual who might want to come at 10:30. Ho stated he was not aware of any research that has related the time of the purchase of alcohol to the criminal activfties or Impact on the communfty. He stated the addition of another place to purchase beer and wine makes ft that much easier for people in the area to buy and consume ft and the more consumption, the more problems they have. He stated if the Planning Commission wishes to grant this, the applicant should be aware that the approval by the Planning Commission of this conditional use permft, does not give him the right to obtain a license from the ABC. The Anaheim Police Department will protest the application made for an ABC license at this location based on Rule 23958.4 of the ABC which is the criteria he has given of high crime and over-concentration In the area. `~ Commissioner Messe asked what would happen H the Commission approved ft and the Police Department objected to the ABC? Officer Gandy stated the ABC would review ft and determine whether a public convenience necessfty was made per the City of Anaheim and ff ft was not, the applicant would not receive the license. He would have the right to have an appeal before a hearing officer with the ABC to show them the reasons he should be granted a license over the objections of the Police Department. This rule stipulates that areas that have high crime rates should not have mere licenses. The burden would be upon the applicant to show he should be granted a license. Commissioner Henninger stated the applicant has indicated that for the last 10 years there was an off sale license at this location at a convenience store and that there were no problems. He asked if the Police Department has any information. Officer Gandy stated he did not recall a license being there and that he did not have a chance or did not look a the calls for service previously. He added once the business closes, the ABC considers ft to be anew license once 90 days have past. He stated the rule regarding the number of licenses and the crime rate comes back into play. He stated there was a license at a different address In this location. Mr. Williams stated there was a gathering place located at 2131 or 2133 which is now a retail operation for clothing. It was called Orange Coy ~nty Sports Arena and that was perhaps about 8 years ago. That was not a convenience store and it was ir. a different location. 05/15%95 Page 29 l ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA, May 15, 1995 Commissioner Henninger stated with the hours they are proposing, he is not uncomfortable with approval of a beer and wine Ilcense in conjunction with a convenience store. It wUl only be open untU 8 p.m. Chairwoman Boydstun asked ff the applicant had seen the extra conditions proposed by the Police Department if this is granted by the Planning Commission. Mr. WilUams responded he has seen the report and has no problem complying with the requests. He added the intention is to be convenient. The store coming in Intends to ~ .:~~ the customer base that was established by Ks predecessor and be a convenience to the development that is doing in across the street. He stated he understood the Police Department's concerns and works very well with the Police and he dki not think at this location, there would be a problem. He added,he has not experienced any problems. He added if they dkJ not deal with the problems, it would affect the other tenants. ACTION: Approved Negative Declaration Granted Conditional Use Permit No. 3759 with the following added conditions: 1. That the sales of alcoholic beverages shall be permitted only between the hours of operation which shall be Ilmfted from 8:00 a.m. to 8:00 p.m. 2. That no alcoholic beverages shall be consumed on any property under the contrd of the applicant. 3. That litter shall be removed daily from the premises, induding adjacent public sidewalks and all parking lots under the control of the applicant(s). These areas shall be swept or cleaned, either mechanically or manually, on a weeMy bads to control debris. 4. That a prominent, permanent sign or signs stating "NO OPEN ALCOHOLIC BEVERAGE CONTAINERS ARE ALLOWED ON THESE PREMISES' shall he posted in a place that is clearly visible to patrons of the location. The size, format, form, placement, and languages of the sign or signs shall be determined by the Department of Alcoholic Beverage Control. 5. That the exterior of the premises, including adjacent public sidewalks and all parking lots under the control of the applicant, shall be liiuminated during all hours of darkness during which the premises is open for business in a manner so that persons standing in those areas at night are kJentiflable by law enforcement personnel. 6. Thai required illumination shall be placed so as to minimize interference with the quiet enjoyment of nearby residents of their property. 7. That a prominent, permanent sign or signs stating 'NO LOiTi<RING IS ALLOWED 05/15/95 Page 30 ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA, May 15, 1995 ~~ ON OR IN FRONT OF THESE PREMISES" shall be posted in a place that is clearly visible to patrons of the location. The size, format, form, placement, and lan9~9~ of the sign or signs shall be determined by the Department of Alcoholic Beverage Control. 8. That grafffti shall be removed ftom the premises and all parking lots under the contrd of the licensee wfthin one hundred twenty (120) hours of application. 9. That all advertising and signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the location, including the area which the cash registers are maintained, from the exterior public sidewalk or entrance to the premises. 10. That there shall be no pool tables or coin-operated games maintained upon the premises at any time. 4R 05/15/95 Page 31 ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA, May 15, 1995 11. That there shall be no coin-operated telephones maintained on the property controlled by the applicant outside the building. VOTE: 7-0 Selma Mann, Deputy City Attorney, presented the 22 day appeal rights. Jonathan Borrego asked for clarification regarding the hours of operation ftom 8 a.m. to 8 p.m. and ff that would be a condition of approval or just that the alcohol sales dose at 8 p.m. Commissioner Henninger suggested two conditions and Commissioner Messe stated he did not think dosing the store at 11 p.m. but not allow(ng the sale of alcohol after 8 p.m. could be policed. Commissioner Messe clarffied that the staff report indicated that they plan to dose at a p.m. 05/15/95 Page 32 ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA, May 15, 1995 1 10a. ~EQA NEGATIVE DECLARATION I Approved 10b. CONDITIONAL SE PERMIT N0.3763 Granted OWNER: P.A. POON AND SON, INCORPORATED, 18822 Beach Boulevard, Ste. 103, Hunt(ngton Beach, CA 92648 AGENT: FAST AU-KHAN, 11512 Magnolia Avenue, Garden Grove, CA 92641 LOCATION: 1330-1332 S Magnolia Avenue. Property is approximate'y 1.48 acres located at the northeast comer of Winston Road and Magnolia Avenue. To permit an expansion to an existing convenience market. CONDITIONAL USE PERMIT RESOLUTION N0. PC95-53 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. ,,,; OPPOSITION: None PETITIONER'S COh1MENTS: Fasi Ali-Khan, agent, stated they have a very small convenience store at 1330 S. Magnolia and are proposing to expand by merging an adjacent unit into their store by removing the wail between the two. They would be giving the customers better service. He stated they have three concerns regarding the staff report. One was the tum-around area for the trash bins in the rear and the recycling bins which are being required. He explained he met with staff and was told that the recycling bins are not required at the present time, but will be required in the future and the City will put them in. He stated he talked with staff regarding the two electrical meters and they do not have any objections. Concerning the Police Department's request to remove the telephone, he stated he had it removed a few months ago but the management company had it reinstalled and he would need a letter from the Police Department requesting that the telephone be removed in order to have it removed again. Officer Jim Gandy, Anaheim Polica Department, indicated he was not sure ff a letter could be provided and asked if a condition in the conditional use permit would he sufficient. Mr. Ali-Khan stated the previous manager had filed a letter as a basis for having the telephone put back in and that tt~lephones usually belong to the convenience stores, but this one is controlled by the management and he canno~ remove it unless they hav3 a letter from the Police Department. 05/15/95 Page 33 ANAHEIM CITY PIANNING COMMISSION, SUMMARY/ACTION AGENDA, May 15, 1995 Chainwornan Boydstun asked why a condition included in a conditional use permft would not be sufficient. Mr. Ali-Khan responded that he was told by the management tha`- a letter from the PD would be necessary. Responding to Commissioner Messe, Mr. All-Khan explained they have signe3 a lease and are already operating at this she. Commissioner Caldwell stated ft appears this property Is controlled~Mth~e ma0 haveeany control ove whether telephons is there because somebody else asked for ft. This app y the telephone is there or not. Officer Gandy stated In the past the Police Department has worked wfth the management companies to get telephones removed. The Police Department would 11ke to have the telephone inside the store ff there is going to be a telephone at this location. He indicated he would have to determine whether or not the letter requested can be provided. Selma Mann, Deputy Cfty Attorney, stated there is a proposed condition that indicates that there shall be no coin-operated telephone maintained on the property controlled by the applicant outside the building. She stated language could be added, "as required by the Anaheim Police Department. She thought that would allow the Police Department to work with the applicant and there night be ways to compromise such as a method where cone erns ablout~hedtelephone~ being used for drugllsalesh yet still provide the convenience fortihe nelghaborhood of having a place to make telephone calls. Commissioner Henninger suggested adding language to the proposed condition. Mr. Ali-Khan stated they do not have control over that outside telephone end a contract was signed by the previous management. Chairwoman Boydstun felt ff that is a condition and they have a letter from the Police Department, they would cooperate. Commissioner Henninger stated he was conofortable with the wording of that condition which allows the Police Department the flexibility to work with the applicant. Officer Gandy asked that the applicant meet wfth him after this meeting 1n order to provide the proper address of the management and names of persons to whom the letter should be addressed. ACTION: Approved Negative Declaration Granted Condftional Use Permit No. 3763 with the following added conditions: That there shall be no food service at this location. 05/15/95 Page 34 ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA, May 15, 1995 ~~~~ ~. ~ That there shall be no pool tables or coin-operated games maintained upon the prami`ses at any time. That there shall be no coin-operated telephones maintained on the property controlled by the ~aplicant outside the building as required by the Anaheim Police Department. That sales of alcoholic beverages shall be permitted only between the hours of 9:00 a.m, and 8:00 p.m. VOTE: 7-0 Selma Mann presented the 22 day appeal rights. 05/i5/95 Page 35 ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA, May 15, 1995 \~ 11a. r•.FnA NEGP.TIVE DECLARATION Approved 11b. WAIVER OF CODE REQUIREMENT APPro~`-~d 11c. CONDITI ONAL USE PERMIT N0. 3762 Granted OWNER: JUNE L. NAORDMAN, 848 S. Knott, Anaheim, CA 92804 AGENT: WILLIAM B. TEFEND, 2233 Calle Leon: West Covina, CA 91792 LOCATION: 848 and 900 S. Knott Street. Property is approximately 0.63 acres located on the west side of Knott Street and approximately 530 feet north of the centerline of Ball Road. To permit achild-care facilEty for up to 60 children with waiver of p~~itted encroachment into required front yard setback. CONDI i TONAL USE PERMIT RESOLUTION N0. PC; 5~_ --------------------------------------------------------- ~ FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None June Noordman, owner, explained she fs requesting expansion of her existing child care facility at 848 ar;d 900 S. Knott Street and that she has read the staff report and will comply. THE PUBLIC HEARING 1NAS CLOSED. Commissioner Henninger referred to the comment in the staff report regarding the trash enclosure and asked ff that will be done. Mrs. Noordman responded it would be done. ACTION: Approved Negative Declaration Approved Waiver of Code Requirement Granted Conditional Use Permit No. 3762 with the following added condition: That the trash enclosure shall be reoriented so that the doors do not face Knott Street. VOTE: 7-0 Selma Mann presented the 22 day appeal rights. 05/15/95 Page 36 May 15, 1995 ANAHcIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA, NED AT 4:00 P.M. TO THE REGULARLY SCHEDULED MORNING WORK SESSION OF MAY MEETING ADJOUR 31, 1995, AT 11:00 A.M. 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