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Minutes-PC 1996/03/04
SUMMARY ACTION AGENDA REGULAR MEETING OF THE ANAHEIM CITY PLANNING COMMISSION MONDAY, MARCH 4,1986 ~~;00 q,M, PRELIMINARY PLAN REVIEW 1;30 P.M. PUBLIC HEARINGS BEGIN (PUBLIC TESTIMONY) BosrwlCK BdYDS7l1N. BRISTOL, ~ ~-~ tt~SE AfrD Pf3anzA coMwgsslol~s PRESe~ir: COQ' NONE STAFF PFiESBJi: Selma Mann Jonathan Borrego Cheryl Flores Mary Mcgoakey Kevin Bass Greg McCaHertY John Poole Bruce Freeman Alfred Yalda Natalie Meeks Tom Engle Margarita Solorio Elly Fernandes Deputy City Attorney Senior Planner Assodate Planner Deputy Planning Director Associate Planner Associate Planner Code Enforcement Manager Code Enforcement Supervisor prindpal Transportation Planner C' fl Engineer Vice Detail Senior Secretary Senior °•.Yord Processing Operator pRO~Tp p~EDiiE PLANNNiG C~ Pl1Bl.IC FIFJWINGS t. vThvill be granted uponpPequest if, in the opinion otnthe Comlmission~suchiadditional timenwill 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 detemtined by thsr length of time a partid Ipent spef eks, but relhear~bynwhattis 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 que-!;ons until the public hearing is dosed. 5. The rijmmission reserves the right to deviate from the foregoing if, in its opinion, the ends of fairness to all concerned will lie served. 6. All documents presented to the Planning Commisalon for review in connection wrth any hearing, induding photographs or other axeptable'~fsual representations or non~documentary evidence, shall be retained by the Commission for the public record end shall be available tar public Inspections. 7. within the jurisdiction ofuthe Planning Commission, anedoblagenrtdaeitemos~Each speaker will be allottedrea maximum of five (5) minutes to speak. MI960304.wp ~. 03-04-96 Page 1 Mpr'{CH 4, 1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA ~~ REPORTS AND RECOMMENDATION~^~. CONDITIONAL rrSE PERMIT NO 3356 - REQUEST FOR Terminated A' Attn. Kenneth L Frank, C/O 75 TERMINATION: Anaheim Leisure Inc., Wall Street, 12th Floor, New York, New York 10265 requests termination of Conditional Use Permft No. 3356 (to permft two, 13-story, 200-foot high office t~rars (289,000 square#oot each), one 3-story, 134-room all suites (full kitchen) hotel, one 10,000 square#oot r ~~~ r ~ I uses, in cocktafl lounge, and 6,000 square-feet of specialty / conjunction wfth one 7-level parking structure and sbc fteestanding signs wfth waiver of minimum number of parking spaces. Property is located at 1750 South State Cdlege Boulevard. TERMINATION RESOLUTION N0. PC96.24 Concurred w/staff B. a. CEOA EXEMPTION SECTION 15061 (bLL81 Recommended b. CODE AMENDMENT N0.96-04 -City Initiated, City of Anaheim, ado tion of the Planning Department, 200 S. Anaheim Boulevard, Anaheim, CA 92803 rop ~ ordinance request to consider amending Chapters 18.03 (zoning Procedures - ffic to City Council Amendments, Condftionai Use Permits and Variances) and 18.93 (Spec Plans) of the Anaheim Municipal Code pertaining to General Plan and Specific Plan procedures and adding a provision for Specirfc Plan Adjustments. _ C. a. ~EflA NEGATIVE DECLARATION (PREVIOUSLY APPROVES Approved n Haag .REQUEST FOR Approved b. CONDITIONAL ~JSE PERMIT f~ o expire 10/3/96) RETROACTIVE EXTENSION OF TIME TO COMPLY WITH_ R CONDITIONS OF APPROVAL: Rudy A. Balderrama, 606 E. Orangewood Avenue, Anaheim, CA 92802 requests a retroactNe extension of time to expire October 3, 1996 for Conditional Use Permit No. 3669 (to Permit a church wfth minimum structural setback for instftutbnal uses and maximum structural height adjacent to residential zone boundaries.) This petition was originally approved by the Planning Commission on October 3, 1994. Property is located at 606 East Orangewood Avenue. 03-04-9~a Page 2 MARCH 4, 'is_ 6 ANAHEIM CfTY PLANNING COMMISSION - SUMMARY ACTION AGENDA ~~ ~ ~ nrns ~sreTNE DECLsReTION (PREVIOUSLY APPROVED) Approved 2b. CONDITIONAL USE PERMR N0.3731 (READVERTISED) Dented request to amend the OWNER: DONG S. KIM, 96'9 La Paz Rd., Placentia, CA 92670 conditions of approval AGENT: JUAN B. CARBAJAL, 1652 W. Lincdn Ave., Anaheim, CA 92805 LOCATION: +a52 West Lin In Avenue (EI Oia De Aaua1. Property is appro~dmately 1.3 acres located on the south side of Uncdn Avenue and approximately 440 feet east of the centerline of Eudid Street. Petitioner requests deletion or modification of a condftion of approval pertaining to a time limitation to retain the on-premise sale and consumption of alcohdlc beverage within a restaurant. Continued from the January 8, and February 21, 1996 Planning Commission meetings. CONDITIONAL USE PERMIT RESOLUTION N0. PC96-25 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: Nons APPLICANT STATEMENTS: Juan Carbajal, 1652 W. IJncdn, Anaheim. He indicated he is the operator of the subject business and is waiting for the owner to arrNe. He stated they are requesting approval of the subject conditional use permit which pertains to a time IHe indicated they have complied withali rrequests from Code Enforcemena nd is unawarelas t why a ~ conditional use permit has not been granted. THE PUBLIC HEARING WAS CLOSED. STAFF'S COMMENTS: Bruce Freeman, Code Enforcement Supervisor. Stated the matter Is before the Commission today because the appllcarrt Is requesting an extension of the subject conditional use permit for a restaurant with alcohd~ beverages sales. 03.04-96 _ Page 3 MARCH 4, 1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA ~~ He stated that Code Enforcement and tohre~P~l ~ ~ rtment have been working with the owner. Code Enforcement has made several inspects mises and he stated food has been avagable, however the grgl and food have been cdd. Also, the food preparation has taken a whge. He stated he visited the facgity for lunch today, food was given but no sates tax was added to their bql. Three inspections of the tacgity have been made and he commented the exterior of the faciity emphasizes it's arestaurant/bar. The advertisement from the street indicates "bar' (on the back side of the advertisement) and above the facgity's ftont door also indicates 'bar". He explained as you walk Into the ftont of the business, the walls and c;egings are painted black• The lighting is very dim, but as their lunches were served the lights overhead were fumed on. The business has a dance floor, band and a bandstand. He conduded his presentation and Introduced Vice Detaq Tom Engle who will give further inforrrration. Tom Engle, Pd~e Department/Vice Detail. Stated staff has conducted undercover irnestigations inside of the location to see H food was being served. On numerous occasions, the irnestigators were the only ones who ordered food as everyone else was drinking and/or dancing. He indicated part of the applicant's license agreement states the entertainment provided strap not be audible beyond the area under contrd of the licensee.' HaNever, the ftont door of the business has been open with the music blaring. The music can be heard far beyond the area under contrd of the licensee, therefore, he stated they are in vitiation of their ABC condfibn• He relayed en December 22, 1994 aDinner/Dancing Application was approved by the Pd~e - Department. On the application (fdlowing Nature of the Business), Mr. Carbajal irxJicated Ihat'dinner would be served in conjunction with dancing, D.J., jukebox and a livexl band' Mr. Engle stated ft is the Pdice Department's belief that dinner is not being served and the business is being operating as a beer bar. Bruce Freeman noted the subject facility does have adinner/dance permit which allows live music, disc jockey, and a juke box. In November, the applicant applied for an entertainment permit but k was denied by the Business Ucense/Treasury Manager. He then introduced Jack Vavino of the ABC Board. Jack Vavino, Alcoholic Beverage Contrd Department. Stated Mr. Carbajai has a Type '4T license which is an on-sale general I~ense which does require the subject facility to be a restaurant. There are sbcteen (16) restrictions on the applk;ant's license. He indicated when Mr. Carbajal was originally applying for the license, there was discussion between the licensee represontatNe, the supervisor and Mr. Carbajal in regards to the food operation requirement. Mr. Carbajal made it very dear during the discussion that lapplication arxirthe Ik;ense waseissued.siness as a restaurant. However, he continued with the Type He indicated that Mr. Carbajal had prevbusly stated he was planning on converting the subject license to a Type '48' whk:h is a bar, no food required. Commisskx~er Messe asked ff any irnestigations have been made? 03-04-96 Page 4 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA MARCH 4,1996 ~l Jack Vavino responded he is unaware of investigations being made at the subject tacNity. Selma Mann, Deputy City Attorney. Stated she would like to submit Into record a copy of the petition for a conditional license with the conditbns aril the agreement by the applicant on the hours the business wUl be kept open. Chairwoman Mayer stated the Commisskxr has received a copy of the "Food and Beverage Sales' statistics and she asked for staffs comments. Cheryl Flores, Associate Planner. Stated staff would request certffkk;ation for the food and beverage sales statistics. Chairwoman Mayer clarified ff accounting receipts or bookkeeping material is sufficbrrt? Cheryl Flores responded yes'. Commissioner Masse asked ff any other statistics were received and asked ff any receipts were received pertaining to the food and beverage sales? Cheryl Flores responded "no", and she ind~ated s~.• f had requested an updated letter of the operation relative to the hours of dinner/dance activities, but eras not yet received any information. Chairwoman Mayer asked Mr. Carbajal for the current hours of operation? Mr. Carbajal stated the business is open everyday from 11:00 a.m. to 2:00 a.m., in whk:h food is available during those hours. Chairwoman Mayer asked ff they have a full menu? Mr. Carbajal responded they have specials on Saturday and Sundays, but food is available at all times. Chairwoman Mayer asked ff they have a chef and afully-staffed kitchen? Mr. Carbajal responded "yes'. Chairwoman Mayer asked how many employees are in the kitchen? Mr. Carbajal responded they have three employees assigned to the kitchen. Commisskxmer Bristol stated he also visited the business today at 12:30 p.m., and he purchased a taco establisomeM, therefore,, he can say that food was sold and therehwastno alcohd being sokJ in hatn the hr~f-hour of his presence. subject bus Hess is prirnari~ilytselling alcohd.EHowever~the~Ftood and everagemSales0'report sta eve the more food than alcohol is being sold. Mr. Carbajal stated there may be a mistake In the report because each day is dffferent sometimes ~ PProx(mately80~f food, baton Fr(day, Saturday and Sunday the sell mole alcohd than food. y 03-C~•t-96 P?~.~+, 5 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA MARCH 4, 1996 ~~: Commisskx~er Bristd asked is ft typical of the subject business to not charge sales tax, because he also dkln't see sales tax charged in his bill, unless h was pre-induded into the bill? Mr. Carbajal responded 'he dkJ put tax on it and they do have ail the receipts". Commissioner Bristd noted ff the applicant is selling i:~ore alcohd than food that would be in vitiation of the conditional use permit. Mr. Carbajal explained he sells food, but sometimes people come in and ask for two to three beers with no request for food. He stated what can i do, I can't tum the business away as I need the Income. Commissioner Boydstun stated the license is to yell food, drinks are to be an addition. She informed the applicant that he may be operating under the wrong license. Mr. Carbajai stated he understands the type of 1lcense he has, but sometimes sbc to seven guys buy two beers each and they don't want to eat and he asked what can I do? He Indicated the menu and the food are available, and the cook is always available except on Mondays. Commissioner Messe asked for dariHcatlon on what it means when ABC says you have to serve food in conjunction with alcohdic beverages or beverages. He asked does ft mean food must be served to everybody who orders alcohd(c beverages? Jack Vavino stated yes', ff you order alcohd you must order food. Commissioner Messe asked Mr. Carbajal ff he understands? Mr. Carbajal stated yes, he understands", and he indicated the menu is available to customers but ff someone comes to the business requesting alcohd to be served, he will sell them the alcohd. Commissioner Henninger stated it !s supposed to be a restaurant, but as you enter the establishment and look at the environment maybe h is portrayed to people as a 'beer bar" and he indicated that may be why people don't come to eat because they don't view the subject business as a restaurant. Mr. Carbajal n^sponded 'you are correct, most People think it is a bar and not a restaurant. Commissioner Messe asked ABC what the procedures would be to change the establishment to a 'beer bar"? Jack Vavino. He explained it would constitute as a while new application and the procedures are very involved. Commissioner Boydstun asked ff the subject CUP was elimirK,ted, would the applicant still have Conditla~al Use Pemtft No. t765? Selma Mann, Deputy City Attorney. Stated there are two underlying conditional use permits that would still be in place, but would be for a different size facility. She stated it may also be appropriate for the Planning Commisskx~ to get detailed information o~ tit some ~rt~he i~~y 9~~ today conflictsow h and Beverage Sales' report because it does aPP~ the report submitted. Mr. Carbajal responded that his bookkeeper compiled the list. 03-04-96 Page 6 ANAHEIM CITY PUINNING COMMISSION - SUMMARY ACTION AGENDA MARCH 4,1996 Commissioner Boydstun asked for clarification pertaining to Mr. Carbajal's comments which he previously stated 'that some days more food is sdd than alcohd and some days more alcohd is sdd than food'. Mr. CarbaJal responded that is correct, but there may be a mistake in the report.' Commisskxrer Boydstun stated she feels the record (s useless to the Commission, therefore, she would request to see their receipts and record books. Further discussion was made between the Commission and Mr. Carbajal relative to the type of receipts he has avagable. Commissioner Bodystun stated she feels the business is operating under the wrong license and she noted Conditbnai Use Permit No. 1765 was previously approved fora 'hear bar' and in her opinion that is what the business is being operated as. Commissioner Messe suggested the subJect application be denied and let the conditional use permit go back to a 'beer bar' which I< is obviously being operated as. Planning Commissioners Bristd and Henninger were in agreement ACTION: Determined that the previously approved negative declaration is adequate to serve as the required environmental documentation for subject request. Denied the request to delete or modffy the conditions of approval of Conditional Use Permit No. 3731. VOTE: 7-0 Selma Mann, Deputy City Attorney, presented the 22-day appeal rights. 03-04-96 Page 7 MARCH 4, 1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA Approved 3a. CEOA NEGATIVE DECLARATION Granted 3b. CONDITIONAL USE PERMIT N0.3812 OWNER: T.W. Irnestment Corp; I. S. Irnestment Corp; Max Cukier & Miriam Cukier, Trustees Cukier Famgy Trust; IQva ldetzel, Trustee Idetzel Inendvos Trusts, C/0 KAPE PROPERTIES, ?.0. BOX 6474, Beverly Hills, CA 90212 AGENT: M.B. TECHNICAL SERVICES, Attn: Mk;hael Bates, X539 W. spring Street, Long Beach, CA 90810 LOCATION: "'~-1341 North Blue Gum treat. Property is approximately 9.7 acres located at the northwest comer of Miraloma Avenue and Biue Gum Street. To permft an automotive van cornersion and modification facilfty in an existing irxiustrial business park. Continued from the January 22, and February 21, 1996 Planning Commission meetings. CONDITIONAL USE PERMIT RESOLUTION N0. _ ac~28 _ FOLLOWING iS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None APPLICANT'S STATEMENT: Michael Bates, 1539 W. Spring Street, Long Beach. Stated he is a Licensed Registered Professional Engineer by the State of California and is also certified by the Air Quality Management District to provide air quality consulting services and he indicated he is the representative for the property owner and the tenant. He indicated H stated they c~ with, affs`re rommendation, but would ke to address a fi~sNthe 57 Freeway. conditions. He ref9rred to Condition No. 7, and he stated currently there is an existing gate at the saki location. Commissioner Messe stated then there Isn't a problem with Condftion No. 7. Mr. Sates responded 'that is correct. Commissioner Boydstun asked ff he (s referring to the gate that goes out :u the freeway property? Mr. Bates responded yes'. Commissioner Boydstun asked K the gate could be closed when ft's not in use? Mr. Bates agreed with 03-04-96 Page S ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA MARCH 4, 1996 ~~~ ~ ~~ He referred to Condition No. 4 and stated he has the requested letter and will be giving it to staff as soon as they are completed with iL He referred to Condition No. 3 and commented that he was informed this afternoon by the owner that they have just entered into an agreement with the State. The State has purchased the property on the west side and h Is their intention to bugd a 10- to 12~oot sound barrier wall at the said location. He explained that if they c;orstinue to go forward with the installation of the vines, that the vines would eventually be removed when the State installs their sound barrier wall. He indk~ted he would like to work with staff ors ties condition. THE PUBLIC KEARING WAS CLOSED. STAFF'S COMMENTS: Commissioner Henninger commented N the State is proposing to install the sound wail, wouldn't ft be appropriate to eliminate Conditiors No. 3? Cheryl Flores asked where woukf the wall be constructed? Mr. Bates stated he understands that the State has purchased a construction easement that is avagable to them from now until the year 2000• Commissioner Henninger stated he would then assume the wall would be bulft within the next four years. Commissioner Henninger stated the vines wouldn't even grow in four years, and he suggested Condition No. 3 ` a eliminated from the conditions. Commissioner Bostwick suggested Condition No. 3 to stay withn the conditions, but with added language "that it shall be required if Caitrans doesn't show proof of intent to bugd a soundwall within two years ACTION: Approved Negative Declaration Granted Conditlorsal Use Permit No. 3812 with the fdlowing changes to conditions: Modrfied Conditkxss Nos. 3, 7 and 10 to rend as fdlows: 3. That the existing twikling walls and masonry block wall adjacent to the freeway right-of-way shall be planted with dinging vines the entire length of the property, unless the applicant can provide proof of intent (by Caltrans) to construct a sound wall adjacent to the freeway (west property line) within two (2) years. Vines shall be a minimum of one (i) gallon in size at time of planting and spaced not more than three (3) feet apart and permanently Irrigated 03-0496 Page 9 ...wueu~ n~rv nr eNNING COMMISSION - SUMMARY ACTION AGENDA MARCH 4,1996 MI~Mn~~m v... . _ _"'_ _ _ _ ~ 7. That the existing gate for maintenance access to the area between ~~ the structures and the west property line shall remain dosed and secured whan not in use. 10. That Condition Nos.1 ~4~ andl8tya`~e-myserrti~onmed~. e d lI a of this completed within a pe resolution. VOTE: 7-0 Selma Mann, Deputy City Attorney, Ixeserrted the 22•day appeal rights. ~ 03.04-96 Page 10 MARCH 4,1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA Approved qa, CEQA NEGATIVE DECLARATION ~ 4b. waEVER OF CODE REQUIREMENT Granted 4C, NDITI NAL E PERMR N . OWNER: .LAMES HILL, TRUSTEE, DAHLMAN FAMILY TRUST, bbl Aw-nkla Teresa, San Clemente, CA g'E'!.c AGENT: HARRY ERICSON & ASSOCIATES, 3328 Alabama Cird®. Costa Mesa, CA 92626 LOCATION: ~ East Uncoln Avenue. Property is approximately 0.54 acre located at the northeast comer of Uncdn A~renue and Sunkist Street To permit a full service car wash, auto detailing and lubrication taacilfty with waivers of minimum structural setback and yard requirements and required sfte screening. ~;ontlnued ftom the February 5, 1996 Planning Commissbn meeting. CONDITIONAL USE PERMIT RESOLUTION NO. PC96_27_ FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None APPLICANT'S STATEMENT: Harry Ericson, Agent, 3328 Alabama Circle, Costa Mesa. He stated they concur with the staff report and he is present to ansxier any questions. THE PUF3UC HEARING WAS CLOSED. STAFIF'S COMMENTS: Commissioner Henninger aced if discussion needs to be made relative to landscape screening along the wall against the carports? Harry Ericson stated that he spoke wfth Karen Dudley in tho Planning Department and he has no problem In screening the required area Chairwoman Mayer refsmed to Conditional No. 2 and she asked if a low pressure hose Is on sfte. Harry Erkson indk:ated the low pressure hose is used for evacuating water out of vehktie crevasses. 0304-98 Page 11 MARGH 4,1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA --- Commissioner Henninger suggested the language in Condition No. 2 to be changed, for it to read that 'low pressure compressed air may be used at the wash tunnel exit provided it can be shown to be consistent with the City's noise ordinance.' ACTION: Approved Negative Declaration Approved WaNer of Code Requirement Granted Conditional Use PemtR No. 3820 with the fdiowing changes to conditions: Modified Condition Nos. 2 and 22 to read as fdlows: 2. That low pressure air compressor hoses may be used to dry cars at the wash tunnel exit provided sound Pressure levels do not exceed the levels permitted in Chapter 6.70 'Sound Pre.SSUre Levels.' 22. 6That Sprior toy nal a~ 120, above-mentioned, shall~be comlplied with. 3' 4, 5, Added the fdlowing corrdftion: That the carport walls along the north and east DrcNe-tY Iines shall be screened with landscape screening including trellis atxi vines. VOTE: 7-0 Selma Mann, Deputy City Attorney, presented the 22-day appeal rights. 03.0496 Page 12 MARCH 4, 1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA 5a. ~EQO NEGATIVE DECLARA-T~N_ ~~~ Approved 5b. ~::AIVER OF CODE REQUIREMENT Granted for 2 years 5c. ~,ONDITIONAL USE PERMR NO. 3884 (To expire 3.488) OWNER: DENNIS and EDITH BERGER, 1120 W. Uncoln Avenue, Anaheim, CA 92805 LOCATION: ~ n • '~ yr~ A- :: •" ""r ""~ west Center Street lAce Fbdures Gomuanvl. Property is approximately .22 acres located on the south side of Uncdn Avenue and the north side of Center Street approximately 505 fast east of the centerline of Villa Place and further described as ; : W :"!~ Uncdn Avenue and 1203 West Center Street. To retain outdoor storage of products for ~~ king retaA restaurant supply store wfth waiver of minimum landscaped CONDITIONAL USE PERMIT RESOLUTION N0. PC96-28 r -- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: 1 person APPLICANTS STATEMENT: Steve Berger, son of Dennis and Edith Berger (owners). He stated he has a number of comments to address pertaining to the conditions. He referred to Condition No. 16 and he stated Caltrans is doing a major undertaking on Uncdn Avenue. Therefore, he is proposing the landscaping to be done on Canton Uncdnn Avien~e nays, but in his opinion h wools not make sense to go forward with the landscaping He referred to Condffion No. 11 and he stated the reason they load/unload on Center Street is because the Clty had requested them to do so about iM~ on the orbs of Center Street t ~reysolve the He suggested maybe loading zones could be pa problems. He referred to Condtion No. 1 and he stated ff they are gdng to comply with the requested conditions and spend the money necessary to be in compliance that he would then request approval of the conditional use permR for a five (5) year period Instead of a two (2) year period. PUBLIC COMMENTS: Sharon Becker, 1129 W. Center Street. Stated she submitted a letter on bye submmed ~ stated the residents/homeowners of Garner Street. She referred to the photographs 03-0496 Page 13 MARCH 4,1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA `'' subject business is not in compliance they are still over the fence line. She relayed some concerns relative to the parking and traffic in the area and stated the business is growing too big for the subject location. THE PUBLIC HEARING WAS CLOSED. STAFF'S COMMENTS: John Pole, Code Enforcement Manager. He Indicated that the e~dsting fence is 30 feet from~t ~~ centerline and staff is proposing i< to be moved back 45 feet. He referred to the proposed and stated there is a few feet of gray area, but ft could be covered with ground cover and still have no effect on where the trees were placed. He feels the landscaping is durable now and that the existing landscaping and ground cover should not be a major expense. He Indicated he was in agreement with Mrs. Becker because there have beenk %~Iffiive to the subject location, however the proposed landscaping will be an improvement. He spu loading/unloading zone and stated Mr. Berger is correct because the City doesn't want loading/unloading on Lincoln Avenue. He i ~ t But currently the requnest is an ir>terim me suretttk'itwstaff feels would brinlgtino~n may be nece ry Improvements. Chairwoman Mayer asked ff the employees park their vehides on sfte? Mr. Berger responded that four additional parking spaces have been added aril he will ensure that the employees do park on sfte. Commissioner Henninger asked how many employees are there? Mr. Berger responded he believes there are ten employees. Commissioner Henninger asked ff the employees are on site all day? Mr. Berger responded "no", some employees are outskle sales people and they come back and forth to the facility. Commissioner Boydstun asked with the additional four spaces, how many spaces are there total? Mr. Berger responded they also have additional parking on the east side of their building and he stated, in his opinbn, there is more than enough parking for the employees. Commissoner Boydstun asked ff they have customer parking? Mr. Berger responded yes", there is plenty of parking for the facility. Further discussion fdlowod between Mr. Berger and the Comrnission relatve to the parking issue. Commissioner Masse asked ff they have had any Interest in moving the business into an industrial area? but i< hasn't become an issue. Ha stated they Mr. Berger stated it may be considered as time goes by, are kconce and thatttheir business may decrease durleng themnexpansion c~ ~ncdn Avenue. III be bloc 03-04-96 Page 14 ANAHEIM CITY PWNNING COMMISSION - SUMMARY ACTION AGENDA MARCH 4,19si6 asked wfth that knowledge aren't you interested in moving Into the industrial Commissioner Messe area? ~ e ~ it. Mr. Berger stated if the right opportunity comas, I'm sure we will take adva 9 Commissbner Bristd noted debris has been brought to today's meeting from Mfr m the subject Mrs Becker had indicated the debris was cdlected ftom her ftoM yard coming business. He asked Mr. Berger is this normal? have come Mr. Berger daimed a few~ers ftom the debris, but he stated the r ~the'jun may do not have nuts and belts, their business isd~ a manufacturer. He ftom anywhere because Y the outside of their bus cemented they do make an effort to keep mnft and he noted r e relatNe to the time period on the~c~ are conduct ~ their business Cornmissioner~H time~pe that ~ two-y clod is intended to ensure that the appl aPPfO~tdy' Hated loading/unloading curb? Chairwoman Mayer asked what are the procedures for having a desig Transportation Planner. Stated the appli~M needs to request it in writing and Alfred Yalda, Principal then staff will irnestigate the issue. e to be added to Condftion No. 11, to read that'the Commissioner Henninger suggested languag unloading curb side' applicant will request for a designated loading/ rlcin issue a~ he stated rds to the premises being kept dean and to the pa 9 with the John Pole spoke In rega ions for a period of one year to occur at the subject facility he would suggest monthly Inspect ent of those inspections. applicant being responsible for paym Mr. Berger commented he has no Problems with the inspections, but does not feel he should be for the Inspections. responsible to pay the inspections are to John Poole responded because there have been Problems at the property, ensure the public that the problems will not occur again. o ees have a parking e relatNe to the parking issue and she o ~ ehkle~ m~ y Chairwoman Mayer spok sticker or any dashboard material thereby indicating ft s an empl Y Mr. Berger replied 'no', but a system could easily be worked out. Mr. Berger stated he would be happy tO por rdling intoMrs. Bec~kerspr toper:Y• ttom of the existing fence to alleviate Papers ftom flying and/ rther discussion was made between the ClolandscaP 9 ftont of the fence on ~ncdn Aven~ue~f Fu fence back and to install moving the existing nnin Commissioners were taking action on the subject item as Mrs• Becker came forward to the Pia 9 podium to speak. enerated by the business. Mrs. Becker spoke again ralaWe to the fence line and to the noise being 9 03-04-96 Page 15 MARCH 4,1998 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA `-' Chairwoman Mayer indicated any noise vitiations would by duly noted by Code Enforcement as they conduct their inspectbns. John Pole replied "that fs correct" and he stated the mor><hly inspections will be randomly made. ACTION: Approved Negative Cledaration approved WaNer of Code Requirement Granted Conditional Use PermR No. 3830 for a period of 2 Years with the fdlowing changes to conditions: Modified Condition No. 11 to read as fellows: 11. That the applicant shall seek approval from the Traffic and Transportation Manager for a curb skle loading and unloading area directly adjacent to the subject property along Center Street. All loading and/or unloading of d ~~es shall occur on-site or in the curb side loading area, ff app Added the fdlowing condftions: That the applicant shall be responsible for the cost of ~~eears2rom~the daCte~of Enforcement inspections to occur within the next two (2) y this resolution. That within a period of ninety (90) days ftom the date of this resolution, a panel shall be buUt around the base of the fence located adjacent to the south and west property tines to contrd debris. That the !ence along Uncoin Avenue shall be located a minimum of three (3) feet south of and parallel to the Caltrans acquisftion. VOTE: 7-0 Selma Mann, Deputy City Attorney, presented the 22-day appeal rights. 03-04-96 Page 16 ..~wuc~u ~+~TV or eNNING COMMISSION - SUMMARY ACTION AGENDA MARCH 4, 1996 ~~ 6a. CFfle NECOTNE DEG RATION (PREVIOUSLY APPF:OVED) ~~! rrSE PERMIT NO. 1897 (READVERTISED) 6b. CONDITION=_--- _ OWNER: MAGp~NirOitenAde~ 205 W Orainge Avenuea~Anaheimr~CA 92804 AGENT: CITY OF ANAHEIM, Attn: James D. Ruth, ~lry Manager, 200 S. Anaheim 43otdevard, X733, Anaheim, CA 92805 LOCATION: Property is approximately 10 acres, having a ftontage of approximately 535 feet on then ximately 660 feet nd being and a maximum depth of app located approximately 275 feet west of the centerline of Monterey Street and 266 feet north of the centerline of Lincdn Avenue. Proposal to amend or delete condftions of approval pertaining to a previously approved multiple-purpose facility for football practice and training, and corporate team offices. CONDITIONAL USE PERMIT RESOLUTION N0. PC96-29 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None 3 interested people spoke Approved Approved amendment to conditions of approval (For a period of 3 yrs., to expire on 3/4/99) Chairwoman Mayer '~!*-stall she has been asked to move ahead on the agenda to Item No. 6 because City sta hernm aand n mains `stcheschod site knio µas Juliette uLow Scholl ubJect item was initiated by the City of Ana Pe AGENTS STATEMENT: Annika SarrtalaMi, Zoning Adminiit arator~~ted9he~i ubri 1978.Atithat time,Phe LLos AngelesnRams were acton to reconsider a use perm PP the proposed tenants of the Juliette Low Scholl property and almost all of the conditions cor>tained in the conditiaral use permit speciflc;ally klentifled the Rams as the tenants and reflected their operations. The Commission's action would be to amend City CouncA Resolution No. 73R-749, modifying the c~ndflions in their entirety. The aerial map shows the subject property and the surrounding property and neighborhood. The site plan shows existing development of the property which is planned to be retained. She noted Greg Smith, Anaheim Stadium General Manager and Dick V'dpert, Attorney for the Seahawks are present. 03-04-96 Page 17 MARCH 4, 1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA PUBLIC COMMENTS: Ms. Eisenacher, 21 North Monterey, stated the Rams used an entrance off Uncdn Boulevard to get into the park and asked ff the Seahawks or whoever uses it is going to use the same entrance. She added she understood there are gates now back there by the driveway. She asked ff they are going to have to use Monterey Street to get into the facility? She stated ff they do have to use Monterey Street, the neighbors would Ilke to request a traffic signal because ft is hard to get in and out and Monterey is the only street in and out for all those homes. now between the golf course andrthe field s going to stay a easerr~Meand also will the little there playground area stay a playground area? Richard Hawe - Parkgate LLC, 2331 West Uncdn, stated they own the office buildings mentioned with terms of access throug~hvere. He~explained hey do own bu(Id g at 230 S 2323 and 2331 West ire in Uncoln. Dick Hill, 198 North Siesta, suggested ff trey cannot have an entrance from Uncoln to th a and too ~~ ft should not be allowed to be reopened because he thought there are just too many peopi with or without the signal. It becomes much traffic that goes into that area t e tit have agcertaln prNacy because Monterey is the only a real hams^ment to a group of peopl available and thererewas a traffl signal put atthat comer~for he entrance into thehRams Pgate) is THE PUBLIC HEARING WAS CLOSED. STAFF'S COMMENTS: Annika Santalahti responded regarding the vehkular access that was previously held through the commercial property directly to Uncdn, that was an easement that was granted directly~t h she Rams and when the Rams left, that easement went with them, so at this time that is not pa application and as the plan currently stands, it would be taking access along Monterey, Polk Street, and then directly In off Ventura. The playground and the pedestrian walkway that has chainlink fence along the north of the property would be retained as shown on the plans and it is expected that the City would be the one that would be maintaining those two improvements and they would be available for public use. Responding to Chairwoman Mayer, Annika Santalahti explained Traffic Engineering staff (s aware of the proposal as h comes before the Commission. We don't have any kind of traffic analysis on the property, the shhod use having been there about 18 years ago, and so at thaw ~ Seahawks done any kind of an analysis on that subject. It is expected that on a daAy basis, repr ~ ~ that when the team) is presentg,~t et tmaximum one migM~nomiallY inexp~emCt ranges between 100 a~ nd 120 people on the prem(ses. Chairworrran Mayer asked ff we have a sense of whether the operetion tha~ as to whethEx tohis is a ~ simAar in operation to what the Rams ran, some sort of basis for comps bigger organization or about the same size. 03-0496 Page 18 MARCH 4, 1996 ........,,v e~ euerrNG COMMISSION - SUMMARY ACTION AGENDA NPIFInc,m w..._ re esenting the Seahawks, responded ft is about the same operation as Billiard Volpert , an attorney Pr a The numbers we have for they understand the Rams had, roughly the same number of peopl r~dmum area i~n~ statfeand Th t~thethmaxi um you can have plus ththose who are on the ~ lured list. between 53 a PI Y Chairwoman Mayer aYeed hors back and forthymPs?vhether they lust come in at one time and do their workout and they lea , Richard Vdpert responded ft is more the latter, that ft is a regular office operatioe ~ the r~natnagement of tickets is prohibited, so that ft is the training People and the acxountin9 P~PI people, and , of course, there are the training rooms and weigh rooms and ft is baskx~lly exac>ty what is there right now. No change is contemplated. Commithie sfteBor an easementilike t e Rams had sotthat theregwould be access off~ncoln? ers behind Richard Vdpert stated he would be happy to have his dients try. They would have no objection. The question really is who hU ~ to three years.ftlf ftn is a long teeed, it is much easier toywork sometnhdin9 could be extended f P out than the short term, but they are willing to Discuss ft. Chairwoman Mayei~c can flow tlhroughthe~>f that couldhbe p~~that the signal already exists at that point and the Commissioner Henninger asked Traffic Engineering staff about the capacty of the intersection at Monterey and Lincoln. Alfred Yalda, Traffic Engineering, responded currently they don't have any information as far as what the capacity of that street is and whether or not ft would warrant the installation of a traffic signal. They could analyze ft if that becomes necessa reseMedhas far aas the number of playersnand r that was given to us based on what their attorney p administratNe staff and we will indude that in our study to see >f ft warrants the installation of a tra c signal or not. C~nmissioner Henninger suggested adding a condftion that ff Monterey turns out to be the main access, that a traffic signal would be built there if warranted. Commissioner Bostwick asked what would hod in that location? be the anticipated number of trips ff the use went back to a sc th have dose to 400 Alfred Yalda responded that generally at elementary schools that he has seen, ey to 500 students and the staff, and ft would be probably 3 or 4 times he e,t nd a wont l avepanoy~~ with this use. So yes, if the elementary schod cl-roses~t Veo~ st 3 or 4 more times t-afflc than what contrd over that because ft is a state agency, they Is out there right now, or fl you indude tl ~ new use for IL Commissiaier Bostwkk asked ff the Magn~.:a Scholl District is willing to lease this property at this time, or is there any thought of ft going back to a school? Paul Mercier, Superintendent of Magndia Scholl District, stated the estirnates~t ~~ ft ~ ~ fal~ are typically running between E00 to 1000 students, and so when they open 03-04-96 Page 19 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA MARCH 4, 1996 substantial in size. Their IM~3Mions are to explore thrr possibility of a short term lease with the City to allow. them to work wfth the tSeahawks organization. Their plans are that they will need that schod site. If ft doesn't work out with that football franchise, they would immediately begin renovation of that site for schod use for the short term. The reason they are consklering this lease is that the money realized in lease income allows reading programs, music programs, etc. and brings techndogy into the schools that otherwise they don't have money for. If ft would work out that they can extend a lease for two more years, that is two more years that they get to run the Mnds of programs that they've run when the Rams occupied that site. Otherwise, there is a hde in their budget. The cordlid.Jng need, of course, is that the schod district continues to grow and so they need capacity and that is why in the very near future, about two or three years, they wUl be needing that schod sfte. nd those kinds ofractivitles~Shei asked ff tthis were t Brun as a school~wou d yuu see those kinds~of~ activities going on? Paul Mercler responded he would imagino they would have requests for that. They cooperate with the Parks and Recreation Department in offering their facilities for use for programs like that for students and the community, and was sure they would get a request to consider !hat. Chairwoman Mayer stated so this would be a she of high activity, both during schod and after schod, as far as the traffic generated trips and Paul Mercler agreed. Commissioner Masse asked ff staffs recommendation included a time Iimi: as far as changes in the conditions to the CUP. Annika Santalahti answered they didn't initially draft them wfth time limitations. Staff is aware that it was '~-- potentially a short term lease and ff the Commission wishas to, they can put in a time limit condition. Commissioner Masse stated his only fear is that we are taking this traff~ through, and realizes that >f ft were a public school, that traffic would come there also. He stated he is not sure that we know and asked ff schod traffic would be a higher use and would it be peak hour traffic. He also asked how it really relate to the football office type of use? Alfred Yalda responded generally schod starts around 8 o'clock; which is the a.m. peak hour, and ff there was about 600 to 1000 students, and even ff 5096 of the parents drive to the sit°, that is at least 400-500 trips in the rooming and the p.m. peak hours for the schod are a IitUe bit different. Students usually leave around two or three o'clock, compared to regular traffic during peak hour which is between 4 and 6 p.m. Overall, the traffic will increase drastically on a schod sfte if the schod is opened, compared to an office u$e which would only be In the rooming, they will come into the office and they stay there and then leave at 5 o'clock. Commissioner Masse pointed out they go out to lunch and there are some other trips. Mr. Yalda answered generally it is like that. But the schod might be different hours and also there are all kinds of activities and they may have all day long activities in this proposed use. Commissioner Peraza noted on rainy days the school traffic doubles. Commissicrsr Henninger suggested putting a time Iimft on h and letting it go the way is iS proposed and added it doesn't make any sense to get too concerned about ft because it Is Just an interim use. '• 03-04-96 Page 20 MARCH 4, 1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA Commissioner Masse stated Condition No. 7 shook! be modified that football practice sessions and team meetings shall take place a ~dmum of stx days a week. Condition No. 8. shook! define the word 'nighttime'. to read a half hour after sunset and ahail-twur after sunrise. - Chaitwoman Mayer added R should include, 'except as permitted under Co;xiitbn No. 5.' and Commissioner Henninger agreed. Comrr~fesloner Messeund shall be well Imo ntalr~ieda. two-year time limit; and Condition No. 4, add that the ch9dren's pbtY9 Annika Santalahti stated Stadium Manager Greg Smith tas Just indk~ted that ff the Commisskm includes a time Iimff, he would prefer a thn3e-year time limit, rather than two years. Commissioner Henninger agreed to three years. He asked ff a condition should be added requiring the applicant to negotiate an access off Lincdn, adding he though that would be preferable, but ff the adJacent property owner simply says, 'no', then thar's that, but at least let them go and ask. Commissioner Masse agreed. Selma Mann darffied that there was some d vehkular access. ~ to having ~ residential irrtersection reviewed ff that was going to be the primary Commissioner Henninger responded based on the testimony, he dkl not think that is necessary; that really the aftemative for this site is to have an elementary schod and the traffk: generated by the presets proposed use is so much less than that Commissbner Masse stated essentially our practk;e is that ff an intersection warrants a signal, we put a traffic signal in and asked ff that is correct? Alfred Yakla answered that it goes on the list of the signals that are approved and once they are ft,nded, they will be Installed. Selma Mann darifle4 that discussion is probably qufte relevant to the finding that the Commission will be making wfth regard to an emrironmental finding. Dick HNI stated the kiea of comparing a schod crowd wRh a Seattle Seahawks crowd and all of .he things that gu with K is kind of a ridkulous thing. He staled Magndia has not used this schod for a long time and to supply 600 to 1000 children is kind of an unusual numb~rmAl~so, yowherre e~ y«g~ Iffters that are going to Ifft regularly in the Seattle Seahawks football prog (nto this, the times that they come is rather unusual. The Rams had ff, and so would ar./ of the pros and anytime that you are actually gdng to start, the crowds that come to the pros are not always a deslrabte group. And to have them coming into the area on Monterey rather than coming in from Lincoln directly to the Ram or Seattle park would not be logk~l. !n fact, there is Public property going from tl+e golf course all the way to Ggbert that could be ua~ed as another entrance ff ft were so desired. But they have 57 homes that come Into that area on Monterey and you as a CouncB should be protecting us. Certainly we want the Seattle Seahawks to take care of doing business with our City, but we want our protection. ~ithat any we are putting all of these c~ndi<lons inahere. ~ that and are looking out for ail of that ~ 03-04-96 ~ - Page 21 MARCH 4. 1995 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA , `~-' Commissbner Masse stated he thought Mr. Hdl brings up a good point and asked about czxsss from G~beR across the goff property? Annika Sarnalahti - That's a point I haven;: riscussed wfth anybody. It's correct that you can go thnwgh the Dad MNler Golf Course Mairrtensu~ce Shop off GBbert, and going straight thnwgh, there is a double-sliding ate, vehk:ular type, d~alnlink Fence tF;~rg you can go thnwgh oho the sdx~ol property tt does enter, however, on the athletic fleki so it doesn't enter onto arty pavernerd. Thats a point that I'm not aware of anybody having discussed, but c~rcainly in terms of overall consideration, is something that can be looked at. Commissioner Boydstun suggested adding a condftbn that ff an easement is not pa9''ble to be negotiated ftom Lincoln, that they check into access ftom the golf course• Chairwoman Mayer darifled that would access off GpbeR Comml~cloner Henninger stated we are talking about a fairly short term use and in my view, it doesn't make sense to bufkf a major driveway or a new road or install a signal for a short term use. IfMkpeople feel sensitive about ft, my preference would be to tinker with the time limit on the ~ if tumys out that it is down to two years and then in two years, we wUl know what's going to happen not going to tum back Into a schod and be more pem~anent than we thought, we c~uuld take a look at this again. _ Annika SantalaMi suggested ff the added condition war ~ ~~ed,~shou umede~denskm may use perrnft is approved for a period of two years, provid sough ff another year is required, so that at that point we can discuss the traffk: circulation Issue. '~._ Commissioner Masse noted at the end of the two years, they could ask for 20 years. Greg Smith, Stadium General Manager, ~~ he believed that the Issue of timing for the practice facility >s driven by how long it will take us to have a new facility bunk The football team in their discussions with us have indk~ted i~at their preference is a new facility sorrrewhere else in the City and on a long term basis not to use this schod site as a parmaneM pract~e facYity. I don't believe that we could successfully negotiate an agreement to play in Anaheim and build a practice facility and have that practice facility completed naheim ff th a was a question of whee ther practical facility w lould be for practicing and plays g that last year. Mr. Smith responded to Commissioner Henninger that are r~mfortable in doing it for three years. Commissioner Henninger darifled he dk1 not have a problem with it, aril was just merely suggesting that in case there was a sensitivity to traffic. Commissioner Bostwkk stated he can surely appreciate Mr. Hill's comments, but he looked at the changing demograph(cs in the City of Anaheim and the large number of young children r-ow entering school and coming to this community. He explained his business sits right next to the Paul Revere Scholl, and the amount of bus traffic and the arrx;vnt of MPs per day is substantial and I truly believe and we would hope they would continue to use the to have schod there agalnh Ybori~wo~dv become is going to make a dynamk; difference when you get ~ Seahawks, but they are going spoiled war the last number of ~ be sittsitting in your neighborhood right now, but they are going to to bus these kkls and they may 03-0496 Page 22 lAARCH 4, 1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA bus these kids in from all aver the Magndia Scholl DisMct to these schods because they are changing and growing and it's gdng to be dynamk:. I think the three-year time Ilmft is appropriate. Commissioner Meese stated he certainly hoped that the negotiations forb eutUlz~ed n access come to fruition and would strongly recommend that thaYs the way the property ACTION: Determined that the previously approved negative declaration is adequate to serve as the required environmental documentation for subject request. Appronred request to amend the conditions of approval contained in Resolution No. i8R-749 adopted in connection wfth Conditional Use FennR No. 1897. The conditions of ~Id resolution were am©nded in their entirety to read as fellows: 1. That the approved use shall consist of amultiple-purpose faculty for football practice and training, and corporate team dflces. 2. That a minimum of one hundred (100) parking s~aceS shall be avaUable in the parking lot 3. That no tkkets to football games shall be sold to the general publk: at subject property. 4. That the existing fenced pedestrian walkway across subject property and providing access between Pdk A ound to the north shaiGbe masntained. the west and the children's playg 5. That no ~dlessY pPr~o~-le i ar d/or~requested by t e Ci<y ofsAr~ah (m. property 8. That a 'tower or other similar permanent structure shall not be utUized for fliming outdoor practice sessions. A hydraulk: lift or other temporary device may be utUfzed. 7, That football practice sessbns and team meetings may take place a maximum of six (6) days a week. 8. That there shall be no o unless lap~proved and/orf requested by the)City actNities on the property of Anaheim. 9. That subject property shall be developed substantially in accordance with the site plan on fue with the Planning Department labeled f=xhibit 1. 10. That subject use pemtR Is hereby permuted for a period of three (3) years, to expire on March 4, 1999. 11 The applkant s~~a~~ ~ to~~ ~~ o ~ ~ Uncdn Avenue to subject property 03-04-96 ~~ Page 23 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA MARCH 4, 1996 _ ~~ 12. That approval of this applkation constitutes approval of the proposed request only to the extent that i< ~ e~ ~Sh'Mte anted Feder unkipal Zoning Code and any other app! ^ City, regulations. Approval does not indude arty action or findings as to compliance or approval of the request regarding a rry other applkable ordinance, regulation or requirement. VOTE: 7-0 Selma Mann, Deputy City Attorney, pre3ented the 2L~Y aPP~ r19~ 0304-96 Page 24 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA MARCH 4i, 1996 ~' 7a, rF ~ NEGATIVE DECLARATION (PREVIOUSLY APPROVED) ~~ed final 7b. ~NeL SRE Pr eN REVIEW FOR she ~ ~urTeTtvE TRACT MAP NO. 15223 OWNER: TRADITIONAL HOUSING GROUP, INC., Attn: Jeffrey Parker, 15375 Barrarxa Parkway, ~J-101, Inrlne, CA 92718 LOCATION: Property is 4.2 acres located at the northeast comer of Weir Canyon Road and Canyon Vista Dfire and fur ~ 5a~ ~ ys~~et~y~ Map No. 15223 (within Development Specific Plan No. SP88-1). Petitioner requests review and apprr.~val of a Final Sfte Plan fior TentaWe Tract Map No. 15223 (to establish a 4.2-aGe, 25-lot single-family sulxfivision, including 24 residences and one lettered lot). FOLLO±!Y;;~G iS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None APPLICANTS STATEMENT: Bob Michelson, 121 W. Rose, Orange. Stated also present today is the Builder Jeffrey Parker, l PCommfssion and posted Chamberwal a full~sipze rende~ 9•~t~ renderings to the He briefly spoke about the ~ r±~)ect stating there are two separate floor plans wfth variations of the interior floor plan options on ~~.e bedroom layout being four different elevations, and eight odor schemes that are proposErl. He indicated Sycamore Canyon Master Association Board of Directors has vie minor changeptoibe the proposed design and odor selections. However, the Board did suggest made pertaining to the roof odor selection for Plan 2A. He relayed that Mr. Parker has concurred wfth the color change as suggested by the Board. THE PUBLIC HEARING WAS CLOSED. STAFF'S COMMENTS: No t~mments were made by staff. ACTION: Determined that the previously approved negaWe declaration is adequate to serve as the required environmental documentation for sub)ect request. Approved final situ plan for TeM.aWe Tract Map No. 15223 VOTE: 7-0 Selma Mann, Deputy City Attorney, Presented the 22•day appeal rights. 03-04-96 Pa~~e 25 eNeNEttu ct~r PLANNING COMMISSION - SUMMARY ACTION AGENDA MARCH 4, 1996 ~.; 8a. ENVIRONMENTAL IMPACT REPORT N0.281 (PREVIOUSLY CERTIFlED) ~ ftnal sRe plan 8b. FlN_es SITE PLAN FOR REVIEW FOR APPr~ vector- ~t,~errvF Taec~T MAP NOS. 15122 AND 15129 OWNER: SHEA HOMES, Attn.: Alan Toftdt, 655 Brea Carryon Road, Walnut, CA 91789 LOCATION: Prooerty <s aooroximately 14.4 acres located at the .,~,.rr,~e+ rnrngr Of Oak Canvon Drive and Runnina_ ~!~±- Road and ~rther described as Vesting $,~-- TentatNe Tract Man Nos. 15122 and 15129 (within Development Area 204 e# The Summit of Anaheim Hill ;x3riflc Plan No. SP88-21. Petitioner requests review and approval of Flnal 31te Plans for Vesting Tentative Tract Map No. 15122 (to establish a 9.1-acre, 28-lot single-family subdivision, induding 26 reskJential lots and 2 open space lots)and Vesting Tentative Tract Map No. 15129 (to establish a 5.3-acre, 26-lot, single-family subdivisbn, including 23 reskfential lots and 3 open space lots). FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Commissioner Henninger declared a conflict of interest to the subject item. APPLICANTS STATEMENT: Ron Metsler, Shea Homes, 655 Brea Canyon Road,lNalnut Stated they are requesting approval of the last two phases of the site plan, the flrst two phases were approved approximately 1-2 morphs ago. He indk:ated he would like to address the conditkx>s pertaining to the staff report He spoke relative to Condition Nos. 1 and 2, and he stated the r:ondition has already been completed by the Baldwin Company and U his opinbn it's not part of the subject project Therefore, he would request Condftbn No. 1 to be eliminated along wfth Condition f:.•. 2. He spoke relative to Condition No. 4 and he stated the Baldwin Company has bonded for the park completion and is now in the process. Therefore, he would request Condition No. 4 to be eliminated. He referred to CondRlon No. 5 and fonNarded an exhibit to the Commissk~n whk:h referenced the diflerent choices they discussed at the previous meeting. He indk~ted K was his understanding that Aftemate C was approved ~t the prevbus meeting. Commissoner Masse stated the drawings he saw dkl not show Aftemate C. 03-04-96 Page 26 MARCH 4, 1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA Mr. Metsler stated he hopes he is looking at the same Plans as the Commission because the sfte plan he is referring to references Aftemate C, deflnftely not Aftemate A, as they wAl not be having two curb cuts, He noted the plans before him is dated wfth today's date. Commissioner Boydstun then explained which plans are before the Commission. Mr. Metsler stated that is the archftectural plan, not the sfte plan. He then forwarded two sets of the sfte Plan to the Commisskm. Charwoman Mayer asked where the two ddveways come together is there only one curb cut? Mr. Metsler responded "yes"• Chairwoman Mayor asked ff there is still only one curb cut, even though a I(ne is drawn in between the two drNeways where they merge together? Mr. Metsler reKfied'that is correct", the actual curb cut at the rigM-0f way or parkway would be the starxlard 3-car drNeway width Per the Cfty of Anaheim's standards. He noted they are at the infancy stage of demonstrating their models for the project and to be successful they need to maintain the optkx~s for their buyers. To restrict the homes wAl hamper their success. He spoke relative to Condftion No. 6 and he stated the proposed project will have curved streets and three (3) distinct dffferent products. To take valuable square footage out of the rear yards would be negative and he asked that Condftion No. 6 be eliminated. He refterated they have three different floor plans and three different elevations each and that there will be a varied street scene. ~. THE PUBLIC HEARING WAS CLOSED. STAFF'S COMMENTS: Kevin Bass, Associate Planner. Stated a numbered of plans have been submitted to Public Works Department pertaining to Oak Canyon Drive and he doesn't believe a final plan has bean approved or has been worked upon yet. if the condftion has been met then thore would be no eoncem because the street would have aroady been redesigned to Publk: Work's satisfaction. He explained the subject project is still considered part of the Spirciflc Plan the Summft of Anaheii-r enitry Into OTracts 115122 and 15129 Therefore, the street Issue has toeberaddressedgbefore buUding permfts or a tract map could be finalized. He stated an amendment has been made to the Cfty CouncU relative to the completion date of Toyon Park. The Communfty Services Department (Parks) has the final say of whether permfts will be issued but there in regards to the completbn of the phases. Phase 1 of the park has just been completed, are concerns ff Phase 2 will be done (n time because no work has been done on Phase 2. He refterated the Communfty Services Department (Parks) is responsible for determining the park's completion date. l 03-04-96 Page 27 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACT10N AGENDA MARCH 4, 1996 } He explained staffs concern pertaining to Plan 3, the typlstl homes only showing the 3-car garage option. Commissioner Bristd indicated the models are still optkxral, it doesn't necessarAy mean R is going to be a 3-car drh-eway. Mr. Mk;helson replied that is correct, currently we are showing the optimum form, we have to go by the buyer's demand because v-~e don't want to restrict their chokers. Kevin Bass stated the subJed request is a final site plan and if it fs approved all of the homes could then be shown with 3-car garages, staff feels that would be too excessive. Kevin Bass stated the specific plan requires that the street setbacks vary in order to create a pleasing street scene. The specific plan also requests that ft be a variation of 20-25 feet, but because the lots are a IRtle smaller staff has reduced h to 24 feet. He explained staff's recommendatbn relative to the rear/front yard setback vatrich would deviate from a rdl house effect. Commissioner Boydstun asked wouldn't the curve of the street offset the frontage of the homes? Kevin Bass commented that the houses all have a lot of garage frontage and a slight setback for the entry, and he explained there w01 still be a rdl house effect as it will fellow the curvature of the street. Selma Mann, Deputy City Attorney. Stated she concurs that the conditions being placed are specific plan conditions that relate to development of the property and are not linked to Baldwin f[seif regardless -" of the agreements that may exist. If there is a condition that already has been satisfied then thei9 Is no downskde to the developer to have the cond"9on in place, as a condition of the specific plan it would simply be signed off as having bean met. However, ff the corrdftion has not been met there would be a downsfze to the City in not having it included in the final site plan of the vesting tentative map. Further discussion fdlowed between staff and the Commissbn on Condition No. 4, relative to the appropriate language to be used and to the Issuance of a building permit. Selma Mann, Deputy City Attorney. Stated ft may be appropriate to replace the existing condition wfth the specific plan condftior. because she does believes the specific plan condition states that the Community Servkes Department (Parks) may withheld building permits. Mr. Metsler spoke again relative to Conditbn No. 1 , 4 and 5. He presented a preliminary brochure 'Shea Homes Booklet which demonstrates the different plan options. Further discussbn fdlcwed between staff and the Commission relative to the varied setback and Aftemativg C. Chairwoman Mayer asked if there is any irrfomration relative to the bond issue on the park completion? Selma Mann, Deputy City Attorney. Stafed she wr!tected the Park Division representable for Toyon Park, but he was unavaGable today because he had to attetxd a ~ ~ ~!rxrr at the Convention Center. Commissioner Messe asked for darfficaticn relable to the language cw`~ange on Condition No. 4? 03.04-96 Page 28 MARCH 4,, 1996 ANAHEIM %i1Y PLANNING COMMISSION - SUMMARY ACTION AGENDA Jonathon Bortego suggested the language change to read 'until satisfactory progress on Toyon Park ~ been approved by the City's Community Services Department (Parks)'. He stated ft would be acceptable as long as ft doesn't conflict in anyway with the existing wording of the ordinance. C Attorney. She suggested the origins! condftion of approval of the specffic Selma Mann, Deputy fty plan be used because she is c~ncemed ~ tai r 15 minutes, the ebyi aliowi 9 gstaff to obtain~the~o ginai that the subject ftem be trailed for app Y conditions. Fdlowing Item Nos. 9 and 11, Chairwoman Mayer continued back to Item No. 8 and she asked staff for the appropriate language pertaining to Condition No. 4. Selma Mann stated she has before her a copy of Resolution No. 94R-182 and will provkfe a copy to the applicant. She explained City Council Resolution No. 94R-182 amends Specific Plan No. 86-2 for the Summit of Anaheim HI!Is, and amends Resolution No. 88R~95 accordingly. The said resolution amended the conditions of approval which pertains to Toyon Park. She stated she believes the representatives of Shea Homes who have been working with Planning staff are famAlar with the subject issue and have discussed them in the past. She stated the recommendation for substitute language on Condition No. 4, reads that the applicable provisions of City Council Resolution No. 94R-182 relating to Toyon Park shall be complied with inducting compliance with amended Condtion No. 77, as set forth therein." She explained that Condition No. 77 refers to the completion of Phase 1, which has in effect been done, and for the balance of what is required Isn't a completion by Baldwin, but rather that Baldwin remain on track wfth what ft has agreed to do. She stated to the best of her knowledge she hasn't - heard ianything that states Baldwin is not in compliance with regard to Phase 2. ACTION: environlmetal documental on fo8subjecE requests adequate to serve as the required Approved final site plan for Vesting Tentative Tract Map No. 15122 with the following changes to conditions: Modified Condtion Nos. 4 and 5 to lead as fellows: 4. That the applicable provisions of City Council Resdutbn No. ~~ ~'h relating to Toyon Park shall be complied with inducting comPl amended Condftbn No. 77 as set forth therein. 5. That Lot Nos. 1 arui 20 shall not be developed with a'Pian 3' model and, grade permitting, Lot No. 9 shall be developed with a'Plan 1R' rather than a 'Plan 1'. Approved final site plan for Vesting Tentative Tract Map No. 15129 wfth the fdlowing changes to conditions: Modified Condtion No. 4 to read as fellows: 03.04-96 Page 29 ..Iauelu ~~rv or sNNiNG COMMISSION - SUMMARY ACTION AGENDA MARCH 4, 1896 NI~MfIC~m v... --- ----- - That the applk;able provisions of City Council Resolution No. 94R-182 relating to Toyon Park shall be compiled with inducting compliance with ame~ed Condition No. 77 sus set forth therein. Deleted Condftion Nc. 5. yOTE; 6-0 (Commissioner Henninger declared a conflict of Interest) Selma Mann, Deputy City Attorney, presented the 22-day appeal rights. 03-04-96 - Page 30 MARCH 4, 1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA Concurred with staff 9a. ~E(iA CATEGORICAL EXEMPT-C~ Granted 9b. CONDITIONAL USE PERMIT N0.3824 OWNER: SERVITE FATHERS, Mr. Thomas Tereschuk, 1952 W. La Palma Avenue, Anaheim, CA 92801-3595 LOCATION: 'O~2 West La Palma Avenue (Servile Hitth Scho~ Property ~ approximately 14.75 acres located on the south side of La Palma Avenue and approximately 515 feet west of the centerline of Onondaga Avenue. To permit a fi84-square foot baseball storage room at a private high schod. CONDITIONAL USE PERMIT RESOLUTION N0. pccg.39 FOLLOWING IS A SUMMARY OF THE PLANNIit3 COMMISSION ACTION. OPPOSITION: None APPLICANTS STATEMENT: Father Gerald Haval forrcos tructioneof a stograge room and they are n ag Aeement to the conditions re requesting app mentioned in the staff report. THE PUBLIC HEARING WAS CLOSED. STAFF'S COMMENTS: Commissioner Masse asked if there is an existing fence on the third base side? Father Gerald Horan answered yes'. Commissioner Bostwick asked haw far away is the fence ftom the resdential lots? Father Gerald Horan answered that the fence is 15 feet from the boundary. Commissioner Messc~ darified if the rear wall of the new structure will be 15 feet fton~ the residential community? Father Gerald Horan answered yes"• ACTION: Concurred with staff that the proposed protect fells within the definition of Categorical Exemptions, Class 3, as defined in the State EIR and is, therefore, categorically exempt from the requirements to prepare an EIR. ~ 03-04-96 - Page 31 MARCH 4, 1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA ~~--~ Granted Conditional Use Pennft No. 3824 VOTE: 7-0 Selma Mann, Deputy City AttomFy, presented the 22~1ay appeal r(ghts. 03-04-96 Page 32 MARCH 4,1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA ipa, ^~^~ CATEGOR~raL EXEMPTION-CLASS 21 10b. ~~LOP EM N~ AGREEMENT N0.94~? OWNER: ANAHEIM LEISURE INC., C/0 75 Wall Street, 12th Floor, New York, New York 10265 AGENT: FreEsidentSS 31C81TCSrossroads Parkway North, SteS300, City of I~~ry, C,: 91746-3497 LOCATION: +~G-n Seuth ter=el~~~ Pr°pe-ty is approximately 11.8 acres located at the northeast comer of State Cdlege Boulevard and Katella Avenue. Petitioner requests cancellation of Development iAgreement No. 90-02 for the Central Park Towers. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None The applicant was not Presets. THE PUBLIC HEARING WAS CLOSED. Concurred wRh staff Recommended canr~llation of DA to Cfry Council STAFF'S COMMENTS: Selma Mann, Deputy City Attorney. Siw explained to staff that a CEQA action needs to be made, and a racommendatie~ aeede C~ ~unciltMeeting of March 5, ig , uncil will be making a decision on the subject requ ACTION: Concurred with staff that the proposed protect falls within the definition of Categorical Exemptions, Gass 21, as defined in the SQ an EIRa~ is' therefore, categorically exempt from the requirements to preps The Anaheim City Planning Commission recommended to the City Council the cancellation of Development Agreement No. 90.02• VOTE: 7-0 03-04-96 Page 33 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA ~'~ 11a. ~EOA NEGATIVE DECLARA~i' 11 b. WAFER OF ^^DE REQUIREMENT 11c. ""~~.,mnerer rrSE PERMIT-~ 2 OWNER: B~~ Dd e~Encirw, CAU911436 ~WAMS, 4310 AGENT: DAWSON DAVENPORT, 7700 Irvine Center Drive, Irvine, CA 92718 LOCATION: ~~ r~naathoroe Avenue. Property is approximately 1.9 acres located at the northwest comer of Orsngethorpe Avenue and Imperial Highway. To Dermit a sports bar with on-premise sale ands nss mpCeisn of beer and wine with waNer of m(nimum number of pa 9 Pa aC96-31 CONDITIONAL USE PERMIT RESOLUTION N0. ~- MARRH d, 1996 FOLLOWING IS A SUMMARY OF THF. PLANNINf; COMMISSION ACTION. OPPOSITION: None Approved APP~~ Granted for 2 years (To expire 3-98) APPLICANTS STATEMENT: Dawson Davenport, 7700 Irvine Center Drive, Wine. He spok ereforeethey will be terminated Also, t e explained that the karate studio lasso is currently In defat!itt request. He noted thoy do medical uses have no restrictions in their leases relative to he proposed have a conditional use permit which would allow on-site sales of liquor in conjunction with food. The hours of operationould be com~eibl 9 use. the medical uses are primarily for day use and the proposed request pri He indicated he was in agreement with the conditions merrtioned in the staff report. THE PUBLIC HEARING WAS CLOSED. STAFF'S COMMENTS: John Pole, Code Enforcement Manager. Stated staffs recommendati~f~ also based on the fiistory on the incompatibgiry of the beer bar use in -he neighborhoodccoehntdk: bev^rageS~ of problems whk:h occur at establlshn~~drrts that solely Tarn Engle, Vice Detatl, Pdice Department. He explained the problem) thatY~~e ~i~ beings accidents from drinking and driving, customers fighting in the pa r>9 generated. ed rimarily Mr. Engle asked why the applicant has no interest in serving food? Mr. Davenport respond p just to keep the business operation simple. 03-04-96 Page 34 MARCH 4, 1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA Mr. Engle asked ff security wpl be used at the propped ~~? Mr. Davenport responded yes'. ~~ Commissioner Meese a;:ked Mr. Engle ff some concerns would be alleviated ff security was utgized? Mr. Engle responded they don't have much b_ackgrou~ i Sorrnatbn on the subject property, but in his opinion security being present does help alleviate pro Commissioner Masse asked because the establishment (s sma!I would the security guard be utilized inside and outside? Mr. Davenport responded yes". Commissioner Henninger asked staff how many stand alone bars are in the fifty? ,Idtn Poole stated there (s not too many stand alone bars left in the City, but there are some in the Disneyland recreatbnal area Commissbner Boydstun indicated she has a concern relatNe to the entrar>ce and a ~~ u~i~n basically through the residential arA ~ ~ eked how did the subject center get appr entrance or exit on Orangethorpe Mr. Davenport indicated from their understanding the therrefore from viewiling the esplaen awn ingress e signalized intersection of Orangethorpe and ImperlalAvenue. and egress could not be Installed on Orangethorpe Commissioner Bristd explained the concerns he has relative to the proposed business' difficult Ingress and egress, butting to a resktential area, and the fact that a security guard may be noeded. He stated, in his opinion, the subject facility muy not be appropriate for the proposed business. Commissioner Masse indicate~3 that staff does permit neighborhood bars with conditional use permits 2rx1 he stated ff they are not going to permit bars that the ordinance should be changed accordingly' Commissioner Masse asked ff a security guard would be utilized during all business hours? Mr. Davenport responded yes'. aka a studioo sygoing toi be e~"'Nnated then shF wou~idni t be concerned. ~~io, but ff the intent is the ACTION: Approved NegatNe Declaration Approved WaNer of Code Requirement Granted Conditional Use Permit No. 3623 for 2 years with the fdlowing changes to cAnditbns: Modified Condition No. 8 to read as fellows: g, That a unffom~ed security guard shall be provided at the discretbn of the Anaheim Pdice Department to deter uMawhd conduct on the part of employees or patrons, and promote the safe and orderly assembly and movement of persons and vehicles, and preventtrons entering o wing the neighborhood by excessNe~rdishall petrel the business and the parking lot. premises. Saki security g Added the fdlowing condition: 03-04-96 Page 35 MARCH 4,1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA That subject use Pertr-R shall be permitted for a Period of two (2) years from the date of ~_... thke resolution, to expire on March 4, 1998. VOTE: 6-1 (Commissioner Bristd voted no) Selma Mann, Deputy City Attorney, Presented the 22~c1ay appeal rights. Commissioner Mayer requested that the fdlowing Rams be agendized: A discussion pertainingnint to beer bars1ln the City of Anaheimn~ are currently being c~nnducted, and a discussion parcel g MEETING Ap,lOURNED AT 4:40 PM., TO THE MORNING WORK SESSION OF APRIL 1, 1996 AT 11:00 A.M. Respectfully submitted, ~,vm~ aCr,~ EII F/~~~ Senior Wont Processing Operator Y Planning Department 03-04-98 Page 36 :n ;r~ :'fir' ~ °. i