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Minutes-PC 1995/06/12SUMNiAP'%; ",~TION AGENDA REGULAR MEETING OF THE ANAHEIM CITY PLANNING COMMISSION June 12, 1995 11:00 A.M. - PRELIMINARY PLAN REVIEW 1:30 P.M. - PUBLIC HEARINGS BEGIN (PUBLIC TESTIMONY) COMMISSIONERS PRESENT: BOSTWICK, BOYDSTUN, CALDWELL, HENNINGER, MAYER, PERAZA COMMISSIONERS ABSENT: MESSE STAFF PRESENT: Selma Mann Jonathan Borrego Melanie Adams Sean Gerber Bruce Freeman Alfred Yalda Jim Gandy Margarita Solorio Danielle Masciei Deputy City Attorney Senior Planner Associate Civil Engineer Assistant Planner Code Enforcement Supervisor Principal Transportation Planner Special Investigator Senior Secretary Word Processing Operator PROCEDURE TO EXPEDITE PLANNING C^MMISSION PUBLIC HEARINGS '`~- t, The proponents in applications which are not contested ~°~ill have five minutes to present their evidence. Additional time will be granted upon request if, in the opinion of the Commission, such additioi al 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 additional time is requested and the complexity of the mattsr 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 received by the Commission in each hearing. Copies arP 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 opinion, the ends of fairness to all concerned will be served. 6. All documents presented to the Planning Commission for review in connection with any hearing, including photographs or other acceptable visual representations or non-documentary evidence, shall be retained by the Commission for the public record and shall be available for public inspections. 7, At the end of the scheduled hearings, members of the public will be allowed to speak on items of interest which are within the Jurisdiction of the Planning Commission, and/or agenda items. Each speaker will be allotted a maximum of five (5) minutes to speak. AC061295.WP ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA 6/12/95 lV REPORTS AND RECOMMENDATIONS: A. RE UEST FOR DETERMINATION OF CONFORMANCE WITH THE GENERAL PLAN FOR THE INTENDED SALE OF COUNTY PROPERTY: County of Orange, General Services Agency, Attn: Caroiee Candon, 14 Civic Center Plaza, Third Floor, Santa Ana, CA 92702 request for determination of conformance with the General Plan. Property is approximately 7.86 acres located south of the 91 Freeway, west of the A.T. & S.F. Railroad Line, north of the Santa Ana River and east of the easterly terminus of Frontera Street. B. REQUEST FOR DETERMINATION OF CONFORMANCE WITH THE GENERAL PLAN FOR THE INTENDED SALE OF ORANGC COUNTY FLOOD CONTROL DISTRICT PROPERTY: County of Orange, Environmental Management Agency, P. 0. Box 4048, Santa Ana, CA 92702-4048 request for determination of conformance with the General Plan. Property is described as a portion of Carbon Creek flood control channel generally located south of Greerdeaf Avenue, west of Chippewa Avenue and northeasterly of the I-5 Freeway. i__ Determined to be in conformance with the Anaheim General Plan Determined to be in conformance with the Anaheim General Plan Terminated C. CONDITIONAL USE PERMIT NO 3223 -REQUEST FOR TERMINATION: Arthur Greenburg, c/o Gilbert/La Palma Properties, Vote: 5-0 terOmination of Conditional Use Permi No 3223eSProperty s located at and Peraza absent) sse 1134 North Gilbert Street. TERMINATION RESOLUTION N0. PC95-64 6-12-95 Page 2 ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA 6/12/95 ~ j~._ D. CONDITIONAL USE PERMIT NO 3680 -SUBSTANTIAL CONFORMANCE AND FINAL SITE PLAN REVIEW. Eli Home, Inc., 140 S. Imperial Hwy., Anaheim, CA 92806 requests a substantial conformance determination and final site plan review for Conditional theirPm hers). Prsopertypis orated at 00 S. CanyonuCre t Driven and Determined plans are in substantial conformance with previously approved plans and approved landscape and wall plans as submitted SUBSTAfTIAL Determined plans Fre E, CONDITIONAL USE PERMIT NO 3725 - CONFORMANCE REVIEW: Fairmont Prnrate Schools, Attn: Glen in substantial Noreen, Business Manager, 1557 W. Mable Street, Anaheim, CA 92802- conformance with 10932 requests substantiaf conformance review to expand a play arra previously approved an existinguchuachpfaci ity). Paoperty istlocated alt 5300 ESLa Palmaof Plans Avenue. l V F. CODE AMENDMENT NO 95-01 - REQUEST TO CONSIDER Continued to AMENDING TITLE 18 PERTAINING TO OUTDOOR ACCESy~JRY June 2F, 1995 USES IN THE CG (COMMERCIAL GENERALI ZONE. Requested by I City of Anaheim, Planning Department, 200 S. Anaheim Boulevard, Anaheim, CA 92805. Selma Mann, Deputy City Manager, stated she needs to maka some revisions to the proposed ordinance by the time it goes to the City Council, but the substance would remain as it is today. Phillip Schwartze, San Juan Capistrano, stated the Commission received a letter from him in November requesting a Code Amendment that deals with the small number of properties zoned heavy commercial (CG), Most of them are in the older downtown area and have been subject rticularlu the hro fe ayhe is ante Pstedhnhe expansion of Lincoln and are subject to the new freeway off-ramp, pa Y P P rtY He suggested maybe a way to resolve some of the p~ ~blems is to amend the code and require some landscaping. He stated in reviewing the properties, it appears something eve Sbntt 5 fe tlw hea t ee every 20 feet qHe stated fora 5-foot wide landscaped area and this amendment is sugg g maybe because of the various takings that have occurred, it would be better to reduce the width and increaso the number of trees. Since the Code would require a full wall, the goal is t~.~ screen the wall and to screen the 6-12-95 Page 3 ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA 6/12/95 d~ wall, there could be vines and, maybe cypress trees for vertical growth, etc. Mr. Schwartze suggested reducing the width to two feet and requiring the landscaping plan to be apHr~ved by the Planning Director requiring a lot of vertical growth and a lot of vines. Jim Atry, 1122 West Center Street, directly behind Ace Fixtures, stated he is the Neighborhood Watch Captain and has the consensus of the owners at 1130, 1122, 1114 and 1104 (adding they couldn't be hire today because they were not notffied). He stated they have been fighting Ace Fixtures since the early f3o's when he tore two houses down illegally, then got building perm!ts and then applied for a variance after he found out the only thing he could develop was a parking lot. The variance was denied. Later it became apparent that he was not going to use the area for parking, but for open storage. He stated the neighbors are here today first because of principle -that the owner of are fixture tore the houses down and thumbed his nose at the law. He has tried to get this through the courts and drag it out as long as he can. The problem is parking and Ace Fixture has about 30 employees and the employees have no place to park and they are parking on their street and he has customers in and out all day. He srxplain they have double and triple parking on Center Street which is behind his building. They have small and large trucks unloading and trucks park behind his business in the middle of the night waftin;f for him to open in the rnorning. He stated Ace Fixtures has outgrown their site and R is time for him to move to a commercial area because his business is destroying their neighborhood. He asked where their neighborhood is going, noting the freeway is coming through and Center Street will be 9~ dead-ended and he d1d not know what will be done with Walnut and he did not know how trucks will get into Ace Fixtures. He stated the Planning Commission kept their old houses commercially zoned and they could net remove them and build apartments. They have apartments behind them antl there is a lot of traffic going to build nuoand it h s not Seen broughtlup tosCode and the ownerrist~efusing toigbr nrg ft upit aCodeeinforced brick 9 Mr. Atry stated he is ready to move out of this neighborhood because he is tired of the hassle. He stated a lot of people have already moved and they have a lot of absentee owners in the area. He stated he did not think the applicant should be allowed this arrrendment and should do what he originally said he woulo do, and that is provide parking for his employees. Shsri Becker, 1129 W. Center, stated she is most directly affected by Ace Fixtures and his (junk)business completely surrounds her house. He has demolished the two homes on either side of her property. She stated the; have all kinds of evidence to support these claims, noting that Code Enforcement has a thick file on this prope~ry; and that right now he has sheds which are 9 feet high, well above the 6-foot level. She displayed various items of debris at the lectern, indicating these are examples of what she collects every day on the side of her house and asked if the Planning Commissioners would like to pick that litter up from their yard every day? She stated they have cleaned this up for 14 years and no one can get control of this business. She added they want :heir commun'Iry back. She explained her home was built in 1920 and right now Mce Fixtures material is 6-12-95 Page 4 6/12/95 ANAHEIM CnY PLANNING COMMISSION, SUMMARY/ACTION AGENDA V backed up to her fence so hard, ft is pushing her fence down. He is using her garage to brace the abutments he is building which are 9 to 20 feet tall. She stated they want someth!ng done about this. These are their hoses and they are tired of this business owner ruining their neighbofiood. She referred to occasions when she iiad a semi-truck blocking her driveway or a fork lift unloading right at her driveway and that ft is not a safe situation for children in the neighbofiood. Chairwoman Boydstun stated this matter before the Commission today is to consider a Code Amendment. She explained she had been by that property several times and ft is true they are parking all over the street. There is not a car parked on the lot. She asked ff they have a conditional use permit for that ~~se and if they are supposed to have parking available on that lot. Bruce Freeman, Code Enforcement Supervisor, stat!xl they are supposed to have parking on site; however, this is an older part of the city and he thought that use is there by right and the owner did tear down some properties. Over the last 10 years, the City has had this use in liti3ation and at the last point wfthin the last 1- 1 /2 years, the City was told to try and work this out with the property owner. Chairwoman Boydstun pointed out the Ace F'nctures material storage is higher than the fence again. Mr. Freeman stated he had photographs taken this morning by the officer in the area and the storage is above the fence again and there are no vehicles parked on the property. Commissioner Henninger asked if they are allowed to have outdoor storage on that site. Jonathan Barrage stated outdoor storage is not allowed and that is the subject of the proposed ordinance. ,~ Commissioner Henninger asked why we have not been able to eliminate the storage during the last ten years. Mr. Freeman stated the courts keep giving ft back to the Gity to take care of. The latest incident was in June vok this out through theuordinancles and that is thedreaisonafor this ordinanceney told Code Enforcement to Commissioner Henninger clarified this is basically a commercial retail use which sh~Llld not be there and it is generating a lot of business. Commissioner Caldwell asked if basically this ordinance is being written specifically for this property and Mr. other situatio~nstlike this1in theroldebl p rtionaof Anaheimi (Anaheim Boulevardiand L ncoln)wwhichkwou d bee are served by this ordinance? Mr. Barrage stated Mr. Hastings has been working on this ordinance and he is not here today, and that he is not familiar with the history of this site. Commissioner Henninger stated when this draft language was originally discussed with the Planning Commi~~:an, ft was discussed wfth this property in mind and curing this one problem. Commissioner Bostwick stated this would solve a minor part of the problem. Obviously, this will landscape the 6-12-95 Page 5 s/ti/ss ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA problem but will not solve the problem fond th~inroblem is that they are storing outskle and exceeding the fence limits and not using the property pa 9• Commissioner Caldwell stated his inftlea reaction to this is to not give any rewards for bad behavior and it appears we have documented bad behavior by this property owner and he would not want to provide an ordinance to allow what they have been doing illegally. There is a parking problem now and this ordinance will :ake away the parking requirement and continue to have the residents of that area impacted by this problem. He stated based on that he is opposed to this ordinance. Chairwoman Boydstun stated the fences go to the street and there would be no guarantee that he would remove those fences and move them back five feet. Chairwoman Boydstun asked what could be done about the storage e~~er the top of the fences and asked how he could attach things to the neighbor's garage. Bruce Freeman stated the Code requires all outdoor storage to be below the fence height and that is 6 feet. Commissioner Henninger stated the Code also requires in this particular zone that there be no outdoor storage and that parking is required. Bruce Freeman stated this matter has been before the courts and on two occasions the owner has paid a fine and he would clean up the property and comply. The last incident is when the courts sent it back to the C'Ity and said they have dealt with this in the past and it needs to be taken carekin t as requi edC~ He explained the owner removed the outdoor storage above the fence and provided pa 9 _ Commissioner Bostwick stated the owner of the fireplace business has a warehouse for storage in another location and the boat business operator on La Palma has put extra boats in a commercial building and asked why this owner doesn't want to move his material to a warehouse and operate the business as a retail store. The only way to solve this is fo have him get rid of the outdoor storage and put it in a warehouse where it belongs. Mr. Schwartze stated Mr. Burger, who owns Ace Fixtures has four properties and the building and two adjacent properties are existing non-conforming uses and he can have outdoor storage. The fourth property is the furthest one to the west and he is trying to find a way to have Wlr. Burger take care of the existing problem and address all the problems. He thought they found a solution with Code Enforcement and then got information from Caltrans saying that they were going to take 4 or 5 feet off the front to align Lincoln Avenl:~ because they were widening the freeway. He stated the only part the C'Ity can play here relates to the property furthest to the west and he is trying to find a solution where they can put landscaping in, not only on that property, but on all the properties even the existing non-conforming property. Commissioner Henninger asked if Mr. Schwartze could take a continuance and talk to the neighbors about this and maybe come up with a consensus. Mr. Schwartze responded under normal circumstances he would be happy to do that. He stated he has not met with Ms. Becker yet, but that Mr. Burger has met with her several times, and that her house is surrounded on three sides by this use and that house is zoned CG and all the other properties are zoned CG. Most of what 6-12-95 %aye 6 ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA 6/12/95 Mr. Burger has done, except with the furthest property to the west, was done in conformance with Code. He added he understands that Mr. Burger has offered to purchase Ms. Becker's property, but has not been successful and he was not sure that he has a solution. He added Mr. Burger is not the easiest person in the world to deal with and he wound be happy to negotiate that as much as he could. Ms. Becker's property is sma!I and the use is surrounding her on three sides and her property is zoned for CG, and he was not sure there is much he could do. He added they could landscape on Center Street and Lincoln when Caltrans figures out what their take is, and his goal in doing all of this was to help both the city and the property owner find a solution that would screen, at best, all the activities. Chairwoman Boydstun added h1r. Burger is not folio ~~ing the Code on what is non-conforming; that he storing above the fence, blocking the street, not supplying parking, etc. Mr. Schwarize stated the parking was never a requirement on the existing non-conforming use, and it is only on the new properties and Mr. Burger, in fact, does store his service trucks there at night. He added he does not have 36 employees on that property at any one time. He stated he had hoped a Code amendment would provide some solutions by providing landscaping and screening. He explained at one time they had talked about putting canopy's over the top but a Code amendment affects all the properties and ultimately that would not be the best thing to do. He added this is an opportunity to dress up Lincoln Avenue before Caltrans fully resolves their plans. Jonathan Barrage responded to Commissioner Henninger that he was not really familiar with the background of ' this p!aperty and was not sure how the use is considered as being grandfathered in, but that Mr. Freeman of Code Enforcement had indicated that the information provided by Mr. Schwartze is correct. He responded he was not sure how the outdoor storage was allowed to be grandfathered since it was never allowed in that zone. Chalrvvoman Boydstun stated many years ago, they did park on that lot and she did not know how they got away with the outdoor storage. Mr. Barrage stated one alternative would be to allow the use for outdoor storage by conditional use permit in the CG Zone rather than allowing it by right. That would permit the Commission to look at these properties on a case by case basis and then the Commission would probably have a greater sense of control. Commissioner Bostwick stated he is not prepared to vote on this today and he would probably like to see the whole package with Caltrans' plans for the widening included in order to know where all these properties are going, whether it is a residential home or something else. Commissioner Caldwell asked the history of this particular property and the owner. He added this owner has not been a good neighbor to the people who cwn property on that street. He felt to approve an ordinance to say it is o.k. to do what he has been doing illegally is not appropriate and that planting a few plants will not make it all right. He added this is truly not a benef'd to the neighborhood and he is not prepared to bless this. Commissioner Henninger stated he did not knor~ the whole history of this property and how this usEa happened to be grandfathered, and that maybe a solution like this might be better, even though he agreed maybe ft should be either a conditional use permit as suggested. He added if he is operating there illegally, maybe the 6-12-95 Page 7 ANAHEIM CnY PLANNING COMMISSION, SUMMARY/ACTION AGENDA 6/12/95 V issue should be pursued and the use removed. He stated he would offer a motion for atwo-week continuance in order to pursue answers to this situation. Sheri Becker stated Mr. Burger purchased the lot behind her in 1981 or 1982 and the east lot as the only one that was grandfathered, as far as the neighbors know. She added Mr. Burger has continued harassment of her thee harassment hasMo sop and she will ca I~heuPolice ff necessary tcbget the trucksmemoved u She added ~ trees will not take away the problem. Chairwoman Boydstun stated she knows i* is a fact about the trucks and cars parking because she has a friend who had an open house in that area recently and they could not get in. Commissioner Bostwick seconded Commissioner Henninger's motion for a continuance. The Motion Carried. Selma Mann, Deputy City Attorney, stated one of the dffficulties in drafting this proposed amendment was trying to think of all the contingencies ff this was to be a permitted use in the entire zone. If it is the Commission's direction to revise this ordinance to allow this to be a conditional use, it would be helpful to have some of that information now. Commissioner Henninger stated he would like to hear more of the history before making that decision. ~~: 6-12-95 Page 8 ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGEN'SA 6/12/95 Continued to 2a. CEQA NEGATIVE DECLARATION July 10, 1995 2b. CONDITIONAL USE PERMIT N0.3756 OWNER: CALIFORNIA STATE TEACHERS' RETIREMENT SYSTEM, 7667 Folsom Boulevard, Sacramento, CA 95626; FRANKLIN D. COLE, 1111 Towne And Country Road, Ste. 39, Orange, CA 92662 AGENT: MARK WHITFIELD c/o Donohue Schriber, :501 Jamboree Road, Ste. 300, Newport Beach, CA 92660; ERNIE WEBER c/o Donohue Schriber, 3501 Jamboree Road, Ste. 300, Newport Beach, CA 92660 LOCATION: 600 North Euclid Street (Anaheim Plaza Regional Sho in Center . Property is approximately 9.0~ acres located at the northeast corner of Crescent Avenue and Euclid Street. To permit a 110-foot high cellular communications tower with a maximum of sixteen (16) microwave dish antennae varying in size from 2-feet to 10-feet in diameter, including an accessory equipment room Continued from the May 1 and May 15, 1995 Planning Commission ~ meetings. CONDITIONAL USE PERMIT RESOLUTION NO. FOLLOWING IS A SUMMARY OF THE FLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Continued subject request to the July 10, 1995 Planning Commission meeting in order allow the petftioner the opportunity to explore alternative relocation sites south of the Interstate 5 Freeway. VOTE: 5-0 (Commissioners Messe and Peraza absent) 6-12-95 Page 9 ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA 6/12/95 ~~1 3a. CEQA NEGATIVE DECLARATION 3b. VARIANCE N0.4273 OWNER: DISNEY GOALS, INC., 888 S. West St., Ste. 102, Anaheim, CA 92803 AGENT: LIAM THORNTON C/0 DISNEY DEVELOPMENT CO., 500 S. Buena Vista St., Burbank, CA 91521-6400 LOCATION: 300 W Lincoln Avenue (Anaheim Community Ice Rinkl. Property is approximately 3.17 acres located at the southwest corner of Lincoln Avenue and Clementine Street and further described as 300 West Lincoln Avenue. Waiver of minimum landscaping of required yard areas in conjunction with a previously approved ice rink. Continued from the May 31, 1995 Planning Commission meeting. VARIANCE RESOLUTION N0. PC95-65 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Approved Granted PETITIONER'S COMMENTS: Leon Thornton, Disney Development Company, stated the Commission has the 8-1 /2" x 11" exhibits and that they have come back with photographs of the ice rink in its current position and they have overlays on that drawing to shave the revised landscaping. He pointed out the palm trees in the public right of way and that they have shown some black olive trees at the corners of the buildi~~g to screen the view into the service areas. He explained the photograph on the left was taken from the Intersection of Clementine and Lincoln going west on Lincoln. The other photograph is on Lincofn Avenue Just past Harbor going eastbound. Commissioner Henninger pointed out they have added a berm. Mr. Thornton responded they did add a 3-foot berm in the landscaped area just behind the sidewalk. He stated there is the 3-foot elevation of the berm, in addition to the ground cover planted on top of the berm for another 3-1 /2 or 4 feet. THE PUBLIC HEARING WAS CLOSED. 6-12-95 Page 10 ANAHEIM CrrY PLANNING COMMISSION, SUMMARY/ACTION AGENDA 6/12/95 i ~~ Responding to Chairwoman Boydstun, Mr. Thornton stated the trees will be about 6 to 8 feet high when planted and they will grow to about 20 feet. He explained they are 36-inch boxed trees. Commissioner Henninger stated the section which shows the berm also shows the end of the building where the service bay is located and clarified the drawing is correct. ACTION: Approved Negative Declaration Granted Variance No. 4273 with the following added condition: That a minimum of five (5) trees shall be planted along the nonhwesterly side of the property, as shown on the revised drawings and photographs submitted at the June 12, 1995, Planning Commission meeting. VOTE: 6-0 (Commissioner Messe absent) Selma Mann, Deputy City Attorney, presented the 22 day appeal rights. i 6-i 2-95 Page 11 ANAHEIM CITY PLANNING COMMISSION, SUMMARY/AOTION AGENDA 6/12/95 ~; 4a. CE~A NEGATIVE DECLARATION (PREVIOUSLY APPROVED) Approved 4b. CONDITIONAL USE PERMIT N0. 1918 (READV`ERT'iSED) Approved amendment OWNER: JERICO VENTURES, INC., 903 E. Alosta, Ste. D, Glendora, CA 91740 AGENT: JEFF READ, 500 N. State College, #100, Orange, CA 92668; James M. Mock, 329 S. Vine Street, Anaheim, CA 92805 LOCATION: 928 East Vermont Avenue. Property is approximately 1.59 acres located on the south side of Vermont Avenue approximately 635 feet west of the centerline of East Street. Petftioner requests an amendment to an existing conditional use permit to permit a contractor's storage yard. CONDITIONAL USE PERMIT RESOLUTION N0. PC95-66 ---------------------------------- FOLLOWING IS A SI:MMARY OF THE PLANNING COMMISSION ACTION. t OPPOSITION: 1 person PETITIONER'S COMMENTS: James Mock, applicant, owner of the concrete contractor company stated they do not sell concrete. He explained they pour concrete in place on sfte and their yard is for materials such as wood form materials, stakes, and miscellaneous hardware to pour the concrets in place at a residential home job site. He stated the longest truck they have is eighteen feet long and they have some pick up trucks which are to be stored for thae night between 4tand 5 p.mU 5 days a weeklnHehexplained this is notca ready_mjXard concrete business. Chairwoman Boydstun clarffied this owner will be using the whole property which wraps around Lacey Street. The agent representing the property owner stated access to this parcel is very limfted on Vermont. The use is not really industrial intensive and for them to lease it, they would need access on both sides. trailers which is a of d fferent thanWhis use~He added he fullytu d stalnds the ine ghbores concelrns.ctor Carl Casslick, occupant of property next door at 1010 E. Lacey, stated they sent a letter to the Planning Commission asking that they consider making ingress and egress to this storage yard off Verrnont rather tLacey becauseeit s a~very mall cultde sac street The oncrete ccontra or has skip~oaders, dump trucks, 6-12-95 Fage 12 6/12/95 ANAHEIM CITY PIANNING COMMISSION, SUMMARY/ACTION AGENDA etc. which they would prefer come off Verrriontwas a tatg omPanY s He added they wou d like to keep the out of that area even for the prior tenant which access limited to Vermont. Mr. Casslich stated they would request that she d fftherelare~any problems, they can be discutssed.n be reviewed to make sure there are no problem on their two-axle trucks and the intent Mr. Mock responded they do own three skip I but ihehtwuu ah~cele ticks will firing themtheo felt ft was in the is for them to be on the Job sftes all the time, sidewalk on Vermont. Directly overnight to be sorted and tr:n sent t wo °d not be closeHo the public city g ~Cey~ y traffic on best interest of everyone because they is the Anaheim Maintenance yard which creates heavy across the street felt using Laceyewould be safer. Vermont and they He stated the tractors do not drive on the street, but are carried on the tw S ownersc pointing out ft is an Mr. Cove asked how access on Lacey Street would affect other busine industrial street and he did not understand the concern. THE PUBLIC HEARING WAS CLOSED. Chairwoman Boydstun stated the mapothe Commission has shows there are four properties wfth t ree ical with the type of parcels. She agreed access to Lacey would accesses to Lacey Street which seems g probably be safer than using Vermont. Commissioner Peraza stated he was not nlae about the safety because East Street is heavily travel , heim City School District is going to move their buses in the especially in the morning. He stated the A near future to East and Vermont, just south of the old Interstate Budding. Commissioner Henninger stated Vermont i omfortable wfth thatn He stlated Lacey is a local) h d e i r the pasot Vermont is a hazard and he would not be c designed to provide access to these properties. He stated there must have been a p. oblem but that (s something Code Enforcement could investigate. He thought the Commission should support this the way ft is proposed. Cetermined that the previously approved negative declaration is adequate to serve as ACTION: the required environmental documentation for subject reques . Approved amendment to Conditional Use Permit No. 1918, as readv~rtised. VOTE: 6-0 (Commissioner Messe absent) Selma Mann, Deputy Ciry Attorney, presented the 22-day appeal rights. 6-12-95 Page 13 ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA 6/12J95 5a. CEQA NEGATIVE DECLARATION (PREVIOUSLY APPROVED) 5b. CONDITIONAL USE PERMIT N0.3606 (READVERTISED) OWNER: LEDER~R ANAHEIM LTD., 19901M1'estwood Blvd., 3rd Floor, Los Angeles, CA 90025 AGENT: JOHN SCHROEDER, 1440 S. Anaheim Blvd., Anaheim, CA 92805 LOCATION: 1440 Soutit Anaheim Boulevard. Property is approximately 14.74 acres located north and east of the northeast corner of Cerrftos Avenue and Anaheim Boulevard. Petitioner requests an amendment or deletion of a condition of approval pertaining to the time limitation of an existing restaurant with on-premise sale and consumption of alcoholic beverages. Approved Approved amendment to condftions of approval (To expire 6-14-96) CONDITIONAL USE PERMI'd RESOLUTION N0. PC95-67 w FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Commissioner Bostwick declared a confllct of interest on the basis that he owns property within 1000 feet of subject property. John Schroedsr, General Manager, Anaheim Indoor Marketplace, stated regarding the restaurant which is selling beer and wine under Conditional Use Permit 3l'~06, that Martha Wang, restaurant owner, originally had an excellent food and beverage manager who ran the restaurant very successfully from June through December last year. When he left, the owner attempted to manage the restaurant herself. In March 1595 the owner wanted to sell the restaurant and since then, they have interviewed potential buyers. He explained the request to delete the one year time Limit is prompted by their concerns for an on-going business. He stated his presentation for this hearing would have been different before last Friday when Investigator Jim Gandy purchased a beer at the restaurant in a bottle. Bottles are not allowed and the beer should have been poured into a clear plastic container, but even worse, apparently the sales person at the counter allowed him to leave the restaurant area with the bottle of beer and that is not allowed by the CUP or by ABC's rules. He added, in fact, 1~r. Gandy was allowed to walk around the Marketplace but once confronted by file security guards, they took care of the problem. He thought the problem seems to be isolated to the management of the restaurant at that time. He stated he has nntifled the restaurant owner that she is to suspend all alcohol sales pending the 6-12-95 Page 14 6/12/95 ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA Com cove~no eration will b e nyongoing procedu aunt the IMarketpAace and they will be usingrtheir own unde P resources to conduct those operations. He stated they have not had any complaints concerning alcohol violations with the restaurant and added there is no excuse for the incident but he would say that it will not occur again. He stated he is now going to expedite the sale and transfer of this restaurant, regardless of the outcome of the Commission's findings or the ABC's findings; that means he is going to find a new owner who can handle the restaurant and the responsibilities that go along with it as soon as possible. They will be highly experienced both in personnel management and in control of the alcohol sale. He added management of the Anaheim Indoor Marketplace has always done their best to cooperate with all aspects of City government and this case will not be any different. THE PUBLIC HEARING WAS CLOSED. Commissioner Henninger stated ft is staff's recommendation for the one year time limit and he thought that s probably the way the Commission will vote. think the shad a problem there and that ppompted hishreque t tohavle thathtimeol mlt deleted he did not Y He added he would not object ff the Commission wishes to Impose aone-year time limit. ACTION: Determined that the previously approved negatNe declaration is adequate to serve as the required environmental documentation for subject request. 3606. Amended Condition No. 11dof ResalutionrNo I PC94-57 to read Ss follows No. "11. That subject use permit shall expire on June 14, 1996." VOTE: 5-0 (Commissioner Bostwick declared a conflict of interest and Commissioner Masse was absent) Selma Mann, Deputy City Attorney, presented the 22 day appeal rights. 6 :2-95 Page 15 ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA 6/12/95 ~~ Continued to 6a ,~EQA NEGATIVE DECLARATION June 26, 1995 6b. WAIVER OF CODE REQUIREMENT 6c. CONDITIONAL USE PERMIT N0.3769 OWNER: AD SOBS, Attn: ElanorlCapranoR865 SCFigue o Street, Los Angeles, CA AGENT: CB COMMERCIAL REAL ESTATE, 3501 Jamboree Road, Ste. 100, Newport Beach, CA 92660 LOCATION: 5626 East Santa Ana Canvon Road. Property is approximately 10.63 acres located at the southwest corner of Santa Ana Canyon Road and Imperial Highway. To permit a 1,650 square foot fast food restaurant with roof-mounted equipment wfth waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. ~,,,,, FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACl'ION: Conti) iued subject request to the Juno 26,1995 Planning Commission meeting in order to allow the petftioner sufficient time to submit traffic study information requested by the City Traffic and Transportation Manager. VOTE: 5-0 (Commissioners Messe and Peraza absent) 6-12-95 Page 16 'r. 6/12/95 CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA ANAHEIM U Approved 7a. CEQA NEGATIVE DECLARATION Granted 7b. CONDITIONAL USE PERMIT N0.3770 OWNER: GRADY HANSHAW, 2639 N. Grand Ave., Ste. 255, Santa Ana, CA 92701 AGENT: PAUL RUSSAUAGE, 9762 Fairtide, Huntington Beach, CA 92646 LOCATION: 519 South Broukhurst Street. Property is approximately 0.72 acre located at the northwest comer of Orange Avenue and Brookhurst Street. To permit the expansion of an existing convenience market. CONDITIONAL USE PERMIT RESOLUTION N0. PC95-68 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Paul Russauage, agent, explained there was an existing liquor store at this location of about 3000 sq. ft. and they are putting in an Arab produce and meat market inside the store and are taking the 1000 sq. ft. video store space and are not selling beer or wine or alcohol beverages. The public hearing was closed. Chairwoman Baydstun asked if the liquor license is gone or ff they are just not using it. Mr. Russauage responded ;!~ey do not have a liquor license. ACTION: Approved Negative Declaration Granted Conditional Use Permit No. 3770 VOTE: 6-0 (Commissioner Messe absent) Selma Mann, Deputy Ciry Attorney, presented the 22 day appeal rights. 6-12-95 Page 17 s/t2/ss ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA ~ ~ ~~ Approved 8a, CEOA NEGATIVE DECLARATION Approved 8b. WANER OF CODE REnUIREMENT Granted 8c. CONDITIONAL USE PERMIT N0.3764 OWNER: KONIER FAMILY LOVING TRUST, Attn: B. L Konier, 1705 Claudina Way, Anaheim, CA 92668 AGENT: DAN KRUSE, 701 S. Parker Street, Ste. 1000, Orange, CA 92668 LOCATION: ooaa ~ o BtheR orttl~ side of Ball Road ands approximately 515 feet west of the centerline of Lewis Street. To permit an automotive vehicle repair facility wfth waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT N0. PC95-69 FOLLOWING IS A SUMMARY C.F THE PLANNING COMMISSION ACTION. OPPOSITION: None ~„ PETITIONER'S COMMENTS: Joe Paquette, agent, explained he had reviewed the st~'f report and agreed to comply with all five recommendations. THE PUBLIC HEARING WAS CLOSED. ACTION: Approved Nogative Declaration Approved Waiver of Code Requirement Granted Conditional Use Permit No. 3764 MOTE: 6-0 (Commissioner Messe absent) Selma Mann, Deputy City Attorney, presented the 22 day appeal period. 6-12-95 Page 18 61295 EIM CITY PLANNING COMMISSION, SUMMF„".~,~ACTION AGENDA / ANAH ~.~ 9a. E A NEGATIVE DECLARATION IPRE•VIOUSLY APPROVED 9b ~yAIyER OF ^7DE REQUIREMENT 9c. CONDITIONAL USE PERMIT N0. 3768 OWNER: 220C Seal B,~ch BIvdTISeaABeaohPCAtt90740-8250 Winn, AGENT: GARY M. ~GRAUMANN, P.O. Box 7458, Menlo Park, CA 94026 LOCATION: 3370 East La Palma Avenue. Property is approximately 12.62 acres located on the south side of La Palma Avenue and approximately 1,308 feet west of the centerline of Grove Street. To permit industrially-related sales in conjunction with a proposed 144,000- square foot electronics sales facility with waiver of minimum landscape requirements. CONDITIONAL USE PERMIT RESOLUTION N0. PC95-ao FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. s OPPOSITION: None PETITIOyER'S COMMENTS: Anaheim and about this site. Approved Denied Granted, in part Gary Graumann, agent, explained the tenant is excited about coming to He added this will be the largest electronics retail store in the country and in reviewing the things such as signage required for them to be operationally successful and to attract customers they are the bare minimums. Thereda etciertain Ihmigts tl ey have foal' a undeor tohbe suc essfuleand theyyth nk segnfficant company compromises have been made. THE PUBLIC HEARING WAS CLOSED. Chairwoman Boydstun asked about landscaping in the parking lot. Mr. Graumann stated one of the reasons this particular tenant goes into an industrial environment is because they .ant to be in that type environment and they don't want to be in a retail oriented area such as the Anaheim Plaza. C k nmlfor is not commercial ladscap ngt but just the normal andscaping of an~industrial areaich we are as g Mr. Graumann responded he did not believe that is quite accurate and added at one time that was two properties, and added it is actually three properties, and ft was occupied by Rockwell at one time. The front of the bu fdangdS~ page hat is thererand the lamoun of gra s areanand he large walkwaysn Heestated the amount o P 6-12-95 Page 19 ANAHEIM CITY PLANNING COMMISSION, SUMMARY/ACTION AGENDA 6/12/35 ~,.!' front and the rear are different issues. He stated obviously they are going to need signage in the ftont and currently it is not considered a retail commercial location and it is a destination and does not have the two exits and they have to have signage visible. He added there is a bus stop right at the intersection and there are four crosswalks. He thought adding more trees in that bermed area would Inhibit the flow of traffic and the people walking to and from the site and explained he is talking about "site corridors" from a car out to the street. He explained there is a big bus kiosk on the corner at the entrance to the property at Miller Street. He added that will be the main ingress/egress of the site to the parking lot. He explained the layout of the different properties and that the subject building is to the west side, there is for the two properties for acc ssibility and putt'nglalndscaping there would nottmakelany see ess/egress He stated on the west side of the building, currently there is Econolite with a fence separating the two properties and the distance between the two properties is not very vast and their wish is that someday they will get the undergrounding of the utilities under La Palma. He explained there is also a large transformer on that side of the building which they cannot remove. He stated the rear of the property faces the freeway. They had the building reconditioned and the parking lot was reconditioned and no exterior lighting was added to the parking lot, but they plan to add four exterior lights for a total of from 8 to 10 for visibility and security. t_ Regarding the existing parking lot, he stated it is intended to be refurbished, restriped and used in its current condition. He stated some landscaping and some islands could possibly be worked out. Part of his concern is disrupting the parking lot and added it has been there aver 30 years and 30 years ago, they did not do the compaction work which they do today for parking lots. He stated would like to do as little disruption as possible to the soil conditions and parking lot. He stated the rear of the building will not look like it does today. There will be a facade for the entrance and a sign will face the parking lot designating the entrance to the building. The freeway is elevated above the property f~cm six to eight feet, and he thought at 65 miles per hour, people are not concerned about the number of trees in the parking lot. Commissioner Caldwell asked if the reason they don't want to meet Code requirements for landscaping on the front of the building (north side) is because the front is going to change and it is because of safety. Mr. Graumann stated the present front is fully landscaped and there is a very large berm, and probably there is more grass on that berming than anywhere else on La Palma. Commissioner Caldwell clarified there are 22 trees required along the street frontage. He clarified that the front does not meet Code for landscaping. He asked if the reason for not wanting to put in more trees is Sslfciy. 6-12-95 Page 20 s/t2/ss ANAHEIM CRY PLANKIING COMMISSION, SUMMARY/ACTION AGENDA ~_ Mr. Graumann responded he saw it as a safety problem because people would be fuming left and right and going straight on Miller Street. Comma as the frontdof tlhe bu d ng and it faces 91 freeway, and it is because thereiisiae omrpa cioon~probiemS viewed Mr'kin lot and tearing up the existing parking lot. t He stated theytwigllihave topdo n lohelectrical~but that pa g is for safety reasons. Commissioner Caldwell stated the Commission is as concerned about the environment as the Police Chief is about lighting, and about the way large asphalted areas In the city look. He added it appears to him that adding trees is just a matter of dollars and they don't want to spend the money to put in the trees. Mr. Graumann responded one reason is the economics, but also it reduces the number of parking spaces and pointed out again this is the largest electronic store in the USA. Commissioner Caldwell stated there are other large retailers in Anaheim and they were required to landscape the parking lot (such as Wal-Mart) and they did not especially like it but did it anyway. Mr. Graumann stated there are over 180 trees on the Wal-Mart site and they planted Eucalyptus trees and he has purchased property with Eucalyptus trees and wished them good luck with all the concrete and sidewt ial area as it istoday. He stated thetparking otiis going to beredonead~ it is consistent with the Indus '~ Commissioner Henninger offered a motion for approval of the Negative Declaration. Commissioner Henninger offered a motion denying the waiver of Code requirement on the basis that no evidence has been presented to indicate the uniqueness of this site and how the Code is treating it differently than any other site in the industrial area. Chairw~ m thanoa of of mall t~rees.t She asked ff the firstrsentenceicould be exc ud d and Ideny the parking not be , lot landscaping waiver. Commissioner Caldwell asked for Redevelopment input, adding the Ciry's goal is toward enhancing all the propel and thatthas beenishownithr ughout southernlCalifomia..hThelareatthat arde bettle9 ands aped In tha generally do better commercially. Brad Hobson, Anaheim Redevelopment Agency, stated they have approved an Owner Participation Agreement with Fry's Electronics. The Anaheim Redevelopment Commission reviewed this particular request for a CUP and found it consistent with the Redevelopment Plan and the Specffic Plan as far as the use goes. Pursurchitect a 0e evat o spwhich hey have not~received ~He added they would reserve judgementt oni algl and a three of those design issues. ~ ~ 6-12-95 - Page 21 6/12/95 ANAHEIM CffY PLANNING COMMISSION, SUMMARY/ACTION AGENDA V' Commissioner Henninger stated the City just finished a comprehensive Specffic Plan in this area and reviewed at a lot of issues and one was landscaping. He asked 'rf landscaping was eliminated from parking areas in that Specffic Plan. Mr. Hobson responded landscaping was not eliminated from parking areas. Commissioner Caldwell asked what Mr. Hobson's comments would be regarding the proceeding, pointing out this applicant is taking a large building and turning ft into a viable commercialli~ t s ack of desfte to excfted about that and he would 11ke to know the Agency's feelings about the app install landscaping per Code. Mr. Hobson's stated the plan on the wall shows no trees in the parking lot and he did not believe Redevelopment would support that plan. Mr. Graumann stated this sfte plan has been in Redevelopment's hand for some time and he has not gotten any comments with respect to the signage, etc. Chairwoman Boydstun stated she did not think the signage plan had been submitted. Mr. Graumann stated part the sign program is included as a part of this plan. Jonathan Barrage, Senior Planner, sta+ed there were sign plans which were part of the exhibit, and he thought ~t was mentioned in the staff report that based on further review of the signage, the freeway oriented signage will be further reviewed by the Planning Department prior to its construction. Staff does not have `~- a problem with the monument sign in front or the wall signs. Commissioner Henninger stated he wo ind he fronts buttthe plan as submitted is not a ceptableagrees that is probably some room for movement Commissioner Mayer seconded the motion, and Motion Carried with five yes votes. Commissioner Henninger stated be was at a loss as to what to do about the CUP. He added he is tempter! to offer a resolution for denial. He suggested adding a condition that prior to the issuance of building permit or establishmentrovahiby the the developer shall present a landscape plan that fully conforms with Code for review and app Planning Commission, and also add a condition that addresses the proposed pole mounted sign. Mr. Barrage stated the pole-mounted sign would be permitted a Ian, ft merht be a good idea to rev~ew the required and ff the Commission is going to review a landscape p 9 freeway-oriented sign. Commissioner IHenninger stated the plan subritted was not really consistent with the sign criteria which the City is proposing to Include in the Code. Commissioner Mayer stated not only is the Commission concerned about this; that she serves on a liaison committee wfth the OCTA and Caltrans preparing an Aesthetic Master Plan for transportation corridors and they are also concemed about adding landscaping and aesthetic improvements for visibility from freeways. On a countywide basis, they are all concemed about how the business will look from the freeway. 6-12-95 Page 22 6/12/95 ANAHEIM CfTY PLANNING COMMISSION, SUMMARY/ACTION AGENDA ~~ roved negative declaration is adequate to serve as the ACTION: Determined that the previously-app required environmental documentation for subject request. which~would warrantan excerptionnto the City's landscape requirementsip has been identffied Granted, in part, Conditional Use Permit No. 3768 with the following added condition: That prior to the issuance of a building permit or establishment of the proposed use, whichever occurs first, the petitioner shall submit revised landscape plans that fully comply with Code requirements and final plans for the proposed freeway-oriented pole sign to the Zoning Division for review and approval by the Planning Commission as a "Report and Recommendations" i1em. VOTE: 6-0 (Commissioner Messe absent) Selma Mann, Deputy City Attorney, presented the 22 day appeal period. ~... MEETING FOR REVIEW OF PROPOS D STANDARDSI PERTA NMNG ONSERVICE STATOION DEVELOPMENTS AT 10:00 A.M Respectfully submitted, ~~ ~'~~~ ~ Edith L. Harris Planning Commission Support Supervisor 6-12-95 Page 23