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Minutes-PC 1996/06/10SUMMARY ACTION AGENDA REGULAR MEETING OF THE ANAHEIM CITY PLANNING COMMISSION MONDAY, JUNE 10, 1996 11:00 A.M. PRELIMINARY PLAN REVIEW 1:30 P.M. PUBUC t IEARINGS BEGIN (PUBUC TESTIMON`rj COMMISSIONERS PRESENT: BOSn'VICK ~ ~ HENNMIGER, MESSE, P(3iAZA COMMISSIONERS ABSENT; MAC STAFF pRESEPIT: Selma Mann Deputy Gty Ariomey Greg Hastings Zoning Division Manager Jonathan Borcego Senior Planner Kann Dudley Asaodate Planner Sean Gerber Associate Planner Bruce Freeman Code Enforcement Supervisor Alfred Yalda Prindpal Transportation Planner Melanie Adams Associate Gvil Engineer Tom Engle Va Dell Margarita Solorio Senior Secretary rator Elly Fernandes Senior Word Processing 7pe .~-.. PROCEDURE TO DtPEDiTE PLANNING COMMISSION PU81JC HEAFIINGS 1. The proponents in applications which are not contested will have five minutes to present their evidence. Additional time will be granted upon request if, in the opinion of the Commission, such additional time will produce evidence important to the Commission's consideration. 2. In contested applications, the proponents and opponent will each bo given ten minutes to present their case unless additional time fe requested and the complexity of the mariar warrants. The Commission's considerations are not determined by the length of time a partidpant speaks, but rather by what is said. 3. Staff Reports are Part of the evidence deemed received by the wmmission in each hearing. Copies are available to the public prior to the meeting. 4. The Commission will withhold questions until the public hearing is dosed. 5, The Commission reserves the right to deviate from the foregoing it, in its opinion, the ends of fairness to all concerned will be served. g, All daarments presented to the Planning Commission for review in connection with any hearing, induding 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~ r~he~juriadiction of thedPlanning rCommiasioneand/or agenda riem~s.~Each apeaskpeer will be allo ed aemax mum of fivst (5) minutes to speak. MIg60610.wp 06-10-96 Page 1 JUNE 10, 1996 f ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA REPORTS AND RECOMMENDATIONS: A. a. EOA NEGATIVE DECLARATION (PREVIOUSLY APPROVEDI Approved b. rONDITIONAL USE PERMIT NO 3686 - REQUEST FOR Approved RETROACTIVE EXTENSION OF TIME TO COMPLY WITH (To expire 6-1-97) ~QNDITIONS OF APPROVAL: Lila Ueberthal, Jamboree Housing, 2081 Business Center Drive #216, Irvine, CA 92715, requests a retroactive extension of time for Condtional Use Permft No. 3686 (to permit a 48-unft, RM-2400 condominium complex) to expire on June 1, 1997. This petftion was originally approved on June 1, 1994. Property is located at 608 West Vermont Street. A i N: Commissioner Bristd offered a motion, seconded by Commissioner Peraza and MOTION CARRIED (Commissioner Mayer absent), that the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration previously approved in connection wfth Conditional Use Permft No. 36861s adequate to serve as the required environmental documentation in connection with this request. Commissioner Bristol offered a motion, seconded by Commissioner Peraza and MOTION CARRIED (Commissioner Mayer absent), that the Anaheim Cfty Planning Commission does hereby approve a one year extension of time for Conditional Use Permft No. 3686, to expire on ~'~ne 1, 1997, based on the following: 1. The proposed 48-unft condominium complex is a proper use for which a condftional use permft and tentative tract map is authorized in the RM-2400 Zone. The proposed 48-unit condominium complex is part of a Community Redevelopment program to both improve the immediate neighbofiood as well as provide 'affordable' housing in the area. The petftioner/developer has reclassified subject property order to start finalizing the tentatve tract map and begin construction of the proposed units. 06-10-96 Page 2 JUNE 10, 1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA ~- g, a, r~enre~ EXEMPTION SECTION 15061 (bl (~ Concurred w/staff Recommended b. CODE AMENDMENT N0.96-09 Cary of Anaheim, Planning Department, 200 S. Anaheim Blvd., uests consideration of Code Amendment No. re A 92805 adoption of the ordinance to City q , Anaheim C 96-09 to amend Title 18 (Zoning) of the Anaheim Municipal Code 3 Councilote 5-1 ~ repealing Subsection .450 of Section 18.63.020 of Chapter 18.6 d overhauling facilities in the MH Zone. i . asioner Boydstun Com im ~ r an pertaining to truck repa ~ ~ and A I N• Commissioner Henninger offered a motion, seconded by Commiealoner Mayer was abeam) Commissioner Peraza and MOTION CARRIED (Commissioner mmissioner Mayer was absent), that the d C o Boydstun voted no an Anaheim City Planning Commission does hereby concur with staff that subject request 1s exempt from CEQA Commissioner Henninger offered a motion, seconded by Commissioner Peraza and MOTION CARRIED (Commissioner d Commissioner Mayer was absent), that the Boydstun voted no an Anaheir* City Planning Commission does hereby recommend to the City Council the adoption of the draft ordinance attached to the Planning Commission staff report dated June 10, 1996. Commissioner Bodystun asked where would the truck repair and overhauling go ff it's not - permitted in the MH Zone. Karen Dud6ey, gssoci~:e Planner. She explained that it's actually allowed in the MH Zone, but the subject itsm is to tJrar up a discrepancy because it appears in the code section as a permitted primary u~~e anrJ as a conditional use. She stated in the CL, CH, CG, ML and MH zones it is identified as a conditional use, therefore, they're requesting that i[ be removed from the permitted primary use and keep it as a conditional use in the subject zone. Chairman Masse asked why not leave it as MH, permitted use? Greg Hastings, Zoning Division Manager. He stated that the new RSI property (dd Northrop site) is zoned MH and when they were looking at the uses as R was going through plan check they realized that at a truck repair facility could go in as a matter of right, therefore, staff was concerned because it may be too heavy of a use to go into that area. Chairman Masse asked then there is no place where K could go by right? Greg Hastings respolxJed 'that is correct. 06-10-96 Page 3 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA JUNE 10, 1996 ~_.' C. a. ~EQO EXEMPTION SECTION 15061 (b11~ Concurred w/staff Recommended b. CODE AMENDMENT N0.96~8 City of Anaheim, Planning Department, 200 S. Anaheim, Blvd., adoption of the CA 92805, requests consideration of Code Amendment Anaheim ordinance to City , No. nS-08 to amend Title 18 (Zoning) of the Anaheim Municipal Code Council pe;laining to required setbacks and landscape requirements. A I N: Commissioner Henninger offered a motion, seconded by Commissioner Peraza and MOTION CARRIED (Commissioner Mayer absent), that the Anaheim City Planning Commission does hereby concur with staff that subject request is exempt ftom CEQA. Commissioner Henninger offered a motion, seconded by Commissioner Peraza and MOTION CARRIED (Commissioner Mayer absent), that the Anaheim City Planning Commission does hereby 56 recommend to the City Council the adoption of the draft ordinance attached to the Planning Commission staff report dated June 10, 1996. D. VARIANCE NO 108 REQUEST FOR TERMINATION: Youth Fund Southern Calffornia, 303 W. Lincoln Avenue, Anaheim, CA 92805, requests termination of Variance No. 108 (to operate a ceramic and shop in a garage building). Property is located at 303 West Lincoln Avenue (formerly 114 North Helena Street). TERMINATION RESOLUTION N0. PC96-51 of I Terminated 9~ 06.10-96 Page 4 JUNE 10, 1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA ~, E. VARIANCE NO MFLY W'TM ES NDITIONS F APPREVEAL~. Dw ght R. (To expe 12-19-96) OF TIME TO C Sufte 304 Newport Belden, BR Properties, 450 Newport Center DrNe, Beach, CA 92660-7640, request royal fora rianceNo.e3882 (waNer of to comply wfth conditions of app minimum structural setback and required she screening to construct a 3- story, 70,000 square foot commercial office building)roved oin December December 19, 1~•is loiratedtftat the northeastlicorner of Santa Ana 19, 1988. Property Canyon Road and Riverview Drive. A TI N: Commissioner Boydstun offered a Motion, seconded by Commissioner Bostwick and MOTION CARRIED (Commissioner Mayer absent), that the Anaheim Cfty Planning Commission does hereby approve aone-year retroactive time extension to comply wfth conditions of approval (to expire on December 19, 1996) on the basis that: 1. The s~lbj~! project remains consistent with the Anaheim General Plan 2. The project will need to comply wfth the landscape oruinance. 06-10-96 Page 5 JUNE 10, 1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA ______ , Approved 2a, E NE /1TIVE DECLARATION Approved, in part 2b. WAIVER 'r CODE REQUIREMENT Granted, in part 2c. CONpITIfZNAL USE PERMIT N0.3841 2d. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY Denied N .9 3 OWNER: EXXON COMPANY, USA, Attn: JA Hicks, SOU Bell Street, Room 1303 B, Houston, Texas 77002 AGENT: ghOlmabukuro~Bob S pelrrrau,S~201 S. Beach Boulevard #207, La Habra, CA 90631 LOCATION: 2180 West Ba11 Road. Property is a rectangularly- shaped parcel of land consisting of approximately 0.52 acre located at the southeast comer of Ball Road and Brookhurst Street. To permit a gasoline service station and convenience nwrket with sales of beer and wine for off-premises consumption with waivers of (a) minimum number of parking spaces, (b) minimum landscaping adjacent to interior boundary lines and (c) maximum number of freestanding signs. Petitioner further requests a determination of public convenience or necessity for an Alcoholic Beverage Contrd license to sell beer and wine for off premises consumption at subject facil'dy. CONDITIONAL USE PERMIT RESOLUTION N0. PC96-52 DETERMINATION RESOLUTION NO. PC96-53 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: 3 people spoke in opposftion APPLICANT'S STATEMENT: Bob Supemeau, Robert H. Lee & Associates, 1201 S. Beach Blvd., Sufte 201, La Habra. He stated they're proposing a new service station to replace the existing abar coned station. The new project will be an approximate 3,000-square foot cornenience market which will sell groceries, beverages, along with beer and wine. it will be the first one built in the C'dy of Anaheim as well as the general area for Southern Cal'rfomia. 06-10-96 Page 6 JUNE 10, 1996 ANAHEIM CITE PLANNING COMMISSION - SUMMARY ACTION AGENDA l\ a addressed a few issues, 1) that they don't meet the required number of trees #or the interior H property line landscape and 2) that they feel in order to be competitive that beer and wine saes is a necessity. Esther Wallace, 604 Scott lane, Anaheim. She stated she is speaking on behalf of the Orange Avenue Homeowner's Association and explained that they oppose the issuance of a beer and wine license because there are too many beer and wine licenses in the subject area. She also stated they're asking that no waivers be given other than what should iJe allowed in the zoning area. Youssef Abraham, property manager for the shopping center adjacent to the gas station. He stated he is opposing the sale of beer and wine and indicated there would be too many beer and wine licenses in the subject intersection. He asked the Commission to consider the visibility and make sure the shopping center is not blocked by the proposed 3,000 square foot facility. He explained that a lot of the customers that purchase alcohol from the AM/PM consume the alcohd in his parking lot and he stated he is not opposing the market, but is opposing the sale of beer and wine. Card Stanley, 235 S. Beach Blvd., Anaheim. She stated she is speaking on behalf of the West Anaheim Better Businesses and Concerned Citizens and explained that they're very concerned about the gas station being permitted to sell beer and wine. She spoke relative to the "Don't sDtationsare permittoed to se l beer and wines. Sheasked the Com mssion to denyt he sale of ~s _ beer and wine. Bob Sine eeaefiad~ n~ xplainedthat~thev ehiclle exiting thevconvenienceamarkettwi (have to shopp g exit onto the street. THE PUBLIC HEARING WAS CLOSED. STAFF'S COMMENTS: Chairman Messe asked the Pdice Department to address the issue of public convenienc9 and necessity aspects of the request. Tom Engle, Vice Detail. He stated the Poice Department is oppose to the ABC license and explained that the crime rate in the reporting district is 2496 above average. The Police Department would like to see the average go down, not up. The population in the subject census tract is 4,075 people which allows for two off-sale beer and wine licenses. He stated there is already two existing licenses in the tract, therefore, the Police Department recommends denial of the ABC portion of the permit. Chairman Messe asked Mr. Engle ff he could describe the three other reporting districts in the subject area. Mr. Engle then described the other reporting districts by giving the percentage rate in crime. 06-10-96 Page 7 JUNE 10, 1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA Bruce Freeman, Code Enforcement Supervisor. He stated the City has been taking drastic steps to eliminate the blight that is associated with vacant service stations and indicated there aov~ currently twenty-1w~o a ~i n~ ~h~~ days of its approvait ff the subject item is app that the property Jonathan Borrego, Senior Planner. He spoke relative to how many trees are being provkled on the site in terms of the amount of planter area. He stated based on staffs calculation ft comes cu b cuts and the area n the interior bounda es where the bu long sits up1to the property lines Selma Mann, Deputy City Attorney. She commented relative to Card Stanley's statement on mbced messages and she explained that the legislature hay already spoken to that issue and there is tittle that the C'~ty can do about any mtiad messages. The legislature has Indicated that unless it's in a one whereieftheeone or the otherns justlnot permittved at allby zoning action, Chairman Messe indicated that the public convenience and necessity and crime rate is still open for discussion. Selma Mann responded "yes", that is a completely different statutory set of rules where the legislature has determined to give cities the right to determine public convenience or necessity in situations where there are high crime areas or where there has already been more than the portion number of licenses that has been issued for a specified area. _ Commissioner Boydstun asked Mr. Suparneau ff they're canning on selling propane at the subject location? Mr. Supemeau responded 'yes'. Commissioner Boydstun stated that RV vehicles will be coming on-site to purchase propane and she indicated her concerns relative to the amount of parking spaces. Chairman Messe referred to the parking study and asked staff ff the propane issue was discussed? Mr. Yalda stated he doesn't believe the issue of propane gas was taken into consideration because generally ft takes about 10-15 minutes to fill up. Chairman Messe indicated that they do take up some parking spaces. Mr. Yalda stated the RV vehicles may take approximately two spaces depending upon how ft's parked. Commissioner Bostwick indicated where the propane tank is proposed to be located that it's almost impossible to get an RV in there. He believes the applicant may be looking at filling barbecue tanks, etc., because there is no way you can get an RV in there. Mr. Yalda asked the applicant if the propane tank was suppose to be relocated? 06-1 U-96 Page S JUNE 10, 1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA __ Mr. Supemeau responded that he dkf talk to staff relative to the relocation and stated it's still a possibility for ft to be relocated. Chaimnan Messe asked ff the two evergreen trees will be removed? Mr. Supemeau responded yes'. Commissioner Boydstun asked what is the height of the fence surrounding the subject property? Mr. Superneau responded that in the pack area they have a screening wall to screen the equipment which is about 4 feet high, but they do not have a fence surrounding the property. They will have landscaping wfth curbing which will prohibft circulation from the shopping center to the subject pro!'~erty and vice versa. Commissioner Bostwick asked ff ft will be a problem to demdish the building wthin 60 days? Mr. Supemeau stated he doesn't believe ft would be a problem, but will check wfth Mobil Company. Commissioner Boydstun asked ff beer and wine is an absolute necessity? Mr. Supemeau explained that they do feel ft is a necessity for the particular site. Commissioner Boydstun stated she opposes the sale of beer and wine at the proposed facility. Chairman Messe stated the subject facility is in a redevelopment area which has had many problems and he indicated ft would be difficult to further intensffy an already existiny problem. ACTION: Approved Negative Declaration Approved, in part, Waiver of Code Regs~irement: Approved Waivers (a) and (b) and denied Waiver (c) because ft was de'eiad following public notification. Granted, in part, Conditional Use Permft No. 3841 wfth the folowing changes to conditions: Modifies; Condition No. 1 to read as follows: 1. That final detailed plans showing relocation of the proposed propane tank (including the proposed screen wall) sha11 be submitted to the Zoning DNision and Traffic Engineering Division for review and approval. Added the following condition: That the existing building shall be demolished within a ~ariod of sixty (60) days from the date of approval of this resolution. 06-10-96 Page 9 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA JUNE 10, 1996 Determined that there is no public cornenience or necessity which would be served by alcohd sales at this location. VOTE: 6-0 (Commissioner Mayer absent) DISCUSSION TIME: 2S n:!n!des Selma Mann, Deputy City Attorney, presented the 22~iay appeal rights. 06-10-96 Page 10 l ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA JUNE 10, 1996 3a, CEOA CATEGORICAL E;''EMPTION -CLASS 1 3b. rONDITIONAL USE PERMIT N0.3845 Concurred w/staff Granted for 1 year (To expire 6-10-97) OWNER: ELMAN FAMILY TRUST and HARRY H. ELMAN & LOLA ELMAN TRUST, Attn: Harry H. Elman, 9808 Pangbom Avenue, Downey, CA 90240 AGENT: PAUL S. ELMAN, 9808 Pangbom Avenue, Downey, ~A 90240 LOCATION: 2054 South Euclid Street (Unit H). Property is approximately 2.43 acres located north and east of the northeast comer of Orangewood Avenue and Euclid Street. To permit a 1,190-square foot acupuncture/acupressure facility. CONDITIONAL USE PERMIT RESOLUTION N0. PC96-54 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None APPLICANT'S STATEMENT: Marcus Elman, 9808 Pangbom Avenue, Downey, CA 90240. He referred to the staff report, Condition No. 7 and stated acupressure/acupuncture clients would like to have some sort of semi-privacy. He then referred to Page 4, Item No. 17 which pertains to a shower and he explained that they do not have a sho~~•3r and do not feel it's particularly necessary. THE PUBLIC HEARING WAS CLOSED. STAFF'S COMMENTS: Bruce Freeman, Code Enforcement Supervisor. He explained that a shower is required under City Code Section 4.29. Tom Engle, Vice Detail. He explained that the police department is recommending Condition No. 7 because they don't want to see close door operations inside the premises. Chairman Messe asked if the request was strictly an acupuncture facility would the requirement still remain? Mr. Engle responded yes", he believes so. 06-10-96 Page 11 JUNE 10, 1996 ANAHEIM CITY PLANNING COMIWISSION - SUMMARY ACTION AGENDA ~. j Commissioner Bodystun indicated she can't imagine somebody wanting to have acupuncture and at the same time being viewed by other customers. the noiseiwould come through~and stafficould walk in and out which wouldebe a semi-privy Y re setup. Mr. Engle was in agreement to Commissioner Bristd's suggestion. Mr. Elman agreed that soMe semi-privacy would be acceptable. Chairman Messe indicated that Condition No. 7 will need to be reworded. Commissioner Boydstun asked ff the booths had a place to hang clothes would the lockers still be necessary'M Mr. Freeman stated that the code is very specific about requiring lockers. Chairman Messe asked ff the lockers could be in each room? Mr. Freeman responded yes". Chairman Messe asked ff the code is also specific about wash basins and showers? Mr. Freeman responded "that's correct". Commissioner Henninger asked ff it was the police department's suggestion to have the subject procedures medically prescribed before treatment is performed? Mr. Engle responded "yes" and he pointed out Condition No. 10 in the staff report. Chairman Messe asked the applicant 'rf he read Condition No. 10? Mr. Elman responded "yes" and he commented that ft's a very difficult condition for his client to comply with because their customers are a very mixed ethnic background and are use to certain traditions. He explained that they use a lot of acupuncture, Asian medicine, as well as western medicine and that they service customers who want to seek a different type of medical attention. He asked the Commission to reconsider the condition. facilities) andithat~the recordsoneed to be madetaai ablehto the Pol'ce Department anld mCode ge Enforcement for review. Mr. Engle stated there are a number of massage facilities in the c'dy which they do inspect and they do review their records. Chairman Messe indicated that there is a large segment of the Asian community that would not necessarily go to a physician for a referral, they would just go to an acupuncture. 06-10-96 Page 12 JUNE 10, 1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA Chairman Messe asked ff the dient who will be running the subject facility is a state board certffied acupuncture who can legally write prescriptions? Mr. Eiman responded "yes'. Chairman Messe asked the applicant ff his dient normally sees a patient, then writes a prescription and has a acupuncturist perform the procedure? Mr. Elman stated that Dr. Wong will be at the subject facility at all times and he believes she will be able to keep a record on each patient. Selma Mann, Deputy City Attomey. She referred to Code Section 4.29.030 which pertains to exceptions and she stated it indicates that tfvare are situations in which Chapter 4.29 will not be applicable at all and she stated that some a~arffication is needed. Jonathan Borrego, Senior Planner. He stated staff Is bringing him a memorandum which may address Selma's statement. Chairman Messe suggested the subject item be trailed, thereby allowing the memorandum from City Attomey's Office to be brought to the Council Chambers. ITEM TRAILED AND CONTINUED AFTER ITEM 5 WAS COMPLETED. Chairman Messe asked ff staff has received the memorandum? Selma Mann, Deputy City Attomey. She responded 'yes', and stated that the City Attorney's Office has a memorandum which pertains to the subject issue. She read from the memorandum which explains the three exceptions, '(a) that a peg son licensed to perform acupuncture is neither a physician, surgeon, chiropractor or osteopath; (b) nor a physician duty li ~sona~ll to practice medicine in the State of Cal'rfomia; and (c) while an acupuncturist may pe Y perform massage in connection with the practice of that healing art, there is no provision for other persons to perform massage of any kind under the supervision of or pursuant to an order or referral of such a practitioner. She explained that the acupuncturist themselves may perform acupressure without having the massage establishment permit, however, they may not authorize other technicians to do the same unless there is a license that conforms with the requirements of Chapter 4.29. She clarrfied that the subject business is required to obtain a massage establishment permit in order to operate in the City of Anaheim. Mr. Elman referred to Page 4 of the staff report, Recommen.~lation No. 2, and asked ff they have to have the shower installed. Chairman Messe indicated it is a requirement which can't be changed by the Commission. Commissioner Henninger indicated that the subject request is an alternate form of medical treatment which is practiced by cultures who reside in the City of Anaheim and he stated that the ordinance may be out of touch. He indicated that the City Council may want to look into the ordinance to see ff ft can be changed. 06-10-96 Page 13 eueHFnu CITY oLANNING COMMISSION - SUMMARY ACTION AGENDA JUNE 10, 1996 Chairman Messe indicated that he feels the code was put into place to address specific problems and that the code needs to be complied with. He feels that the tenants may be in a space that fs too small and unable to make the necessary adjustments to meet the code. Mr. Engle explained that some of the neighboring cities (Buena Park, Westminster, Newport Beach) are having problems with massage type establishments and restrictions are being tightened. Commissioner Boydstun asked Mr. Elman if they would like a continuance, thereby allowing them enough time to see what changes could be made to the subject facility. Mr. Elman responded "no" and he stated they believe they could meet the code and would like to go forward on the item today. ACTION: Concurred with staff that the proposed project falls within the definition of Categorical Exemptions, Class 1, as defined in the State ElR and is, therefore, categorically exempt from the requirements to prepare an EIR. Granted Conditional Use Permit No. 3845 with the following changes to conditions: Modified Condition No. 7 to read as fellows: That massage/acupressure treatments shall be given in separate cubicles which do not have locks on the doors. ,4dded the following condition: That wthin a period of thirty (30) days from the date of this resolution, the business owner shall submit a revised floor plan showing compliance with the provisions of Chapter 4.29 of the Anaheim Municipal Code. Said improvements shall be complied wfth within a period of ninety (90) days. VOTE: 6-0 (Commissioner Mayer absent) DISCUSSION TIME: 33 minutes Selma Mann, Deputy City Attorney, presented the 22ifay appeal rights. 06-10-96 Page 14 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA JUNE 10, 1996 4a. CEOA NEGATIVE DECLARATION (PREVIOUSLY APPROVED) 4b. WAVER OF CODE REQUIREMENT Withdrawn 4c. CONDITIONAL USE PERMIT N0.3792 (READVERTISED) OWNER: CLAUSEN ENTERPRISES, 2795 W. Lincon Avenue, Suite F, Anaheim, Ca 92801 LOCATION: 2815 - 2853 W. Lincoln Avenue. Property is a rectangularly-shaped parcel of land consisting of approximately 2.3 acres, having a frontage ~of approximately 470 feet on the north side of Lincoln Avenue and located approximately 195 feet west of the centerline of Dale Avenue. Request to amend conditions of approval pertaining to freestanding signs wfth waiver of minimum distance between freestanding signs in conjunction with apreviously-approved self-utorage facility/commercial retail center. CONDITIONAL USE PERMIT RESOLUTION N0. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Accepted request for withdrawal of subject petition. VOTE: ti-0 (Commissioner Mayer absent) DISCUSSION TIME: 2 minutes Ofri0-96 Page 15 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA JUNE 10, 1996 5a. ~EQA NEGATIVE DECLARATION 5b. WAIVER OF CODE REQUIREMENT 5c. CONDITIONAL USE PERMIT N0.3843 OWNER: SHAKOUR CYRUS, LAURENCE CYRUS, YAHYA CYRUS, 2600 W. Uncesn Avenue, Anaheim, CA 92801 LOCATION: 2600 West Lincoln Avenue. Property is an irregularly-shaped parcel of land consisting of approximately 0.29 acre located at the southwest comer of Lincoln Avenue and Magnesia Avenue. To permit used automobile sales and automotive vehicie repair with retail sales and installation of accessory automobile parts in a former gasoline service station with waiver of permitted encroachment into required setback. CONDITIONAL USE PERMIT RESOLUTION N0. PC9S-55 Approved Denied Granted, in part, for 1 year (To expire 6-10-97) FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSt^N ACTION. OPPOSITION: 1 person spoke in opposition APPLICANTS STATEMENT: Yahya Cyrus, 2600 W. Lincoln Avenue, Anaheim. He stated hP is part owner of the subject property. Chairman Messe asked the applicant ff he concurs with the staff report? Yahya Cyrus responded he would like to address some of the conditions, he referred to Page 4, under recommendations which pertains to the size of the property not being sufficient for automobile sales. He stated that they are replacing the former gasoline service station and would like to sell at the most four to five used vehicles and he explained that the proposed establishment will cause less traffic than the gas station. He then referred to Page 4, under recommendations which pertains to the subject property being located immediately adiacent to residential land uses. He stated their immediate neighbor is a repair transmission shop and z~ked what effects would be caused to the residential area by his facility/ He stated that they're not proposing a big dealership; they buy cars from their customers 'rf they can't afford to fix the car. Chairman Messe asked 'rf he read the conditions listed on Page 5 and 6 of the staff report? 06-10-96 Page 16 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA JUNE 10, 1996 ~; Shakour Cyrus responded yes" and spoke relatNi~ to the 6-foot high fence and stated that they no longer want ft and asked ft be removEd from the request. Shakour Cyrus and Planning Commissioners discussed Condftion No. 7 relafrve to the 10-foot wide landscape. Mrs. Wallace, 604 Scott Lane, Anaheim. She stated she is speaking on behalf of the Orange Avenue Homeowner's Association and she indicated some of the members are wondering where the cars are going to be parked after the repair work is completed in conjunction with customers present for the used car section. They feel there would not be enough parking and are opposed to the used car sale portion of the permft. Yahya Cyrus Indicated that whenever repair work is completed on a vehicle they will be placed behind the fence in front of the property. THE PUBLIC HEARING WAS CLOSED. STAFF'S COMMENTS: Bruce FreE~man, Code Enforcement Supervisor. He indicated that Code Enforcement has had an on-going investigation since 1984. In the past, ft was operating as a Texaco Service Station, auto repair, for the most part there was no problem with that, but indicated the code does prohibit outdoor storage. He explained that there has been a continuous problem wfth outdoor storage, the gate and fence along the west side of the property has not been left open as previously required. Chairman Messe asked ff lien sales are permitted at the subject site? Mr. Freeman responded that lien sales are permitted as an accessory to the business. Commissioner Bristol asked ff there's a limited amount of vehicles that could be sold? Mr. Freeman indicated that the code (s not very definitive on that aspect, but ft does say should a vehicle need to be lien in order to retrieve a repair cost that rt could be sold at the location, but it's not to be operated as a used car facility. Commissioner Bristol asked ff there has been any vehicles on the property wfth '"for sale' signs? Mr. Freeman responded that there has been "for sale" signs on the vehicles and on some occasions staff has observed "for sale" signs laying on the seat of the vehicles. Commissioner Henninger stated he doesn't see a problem with the applicant selling four vehicles on the property, there seems to be plenty of space. Commissioner Boydstun asked ff they will be selling resale vehicles as well as lien vehicles? 06-10-96 Page 17 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA JUNE 10, 1996 Shakour Cyrus responded that they mostly buy cars from the public and/or clients coming to the establishment. Commissioner Boydstun asked ff they ever buy vehicles ftom the auction? Shakour Cyrus responded 'yes', but they mostly purchase them ftom local customers. Commissioner Bostwick indicated ff They're currently permitted to do lien sales that approval of the request today will intensify the use. Commissioner Henninger suggested a ons-year approval. Jonathan Borrego, Senior Planner. He clarffied that there is a provision in the service station ordinance which allows incidental sales of vehicles, however it is still subject to a CUP, it's not permitted as a matter of right. He explained that even a lien sale is subject to tho CUP requirements. Shakour Cyrus stated he rejects Mr. Freeman's statement that there has been problems at the subject establishment since 1984. He stated that Code Enforcement issued a citation to him for selling vehicles and that he went to the City licensing department and they approved him a car sale license from 1985 to 1990, he reiterated he had a legal car sale license. Chairman Messe clarified that to sell cars you must have a conditional use permit in addition to a license. Shakour Cyrus asked the Commission to consider the whole situ:.cion because they want to legally, honestly and safely give service to the public as they have done for the oast fifteen years. Mr. Freeman spoke relative to the fenced area and stated that in the past, the issue was that it was not just operating as a facility to park your car while it is being repaired. The issue was that it was a storage for pasts and that's where Code Enforcement kept getting the complaints from. He stated ft was an outdoor storage facilfry for vehicles without engines, vehicles in the process of being repaired, used tires, fender parts, interior parts, otc. He explained that their main concern pertaining to the fence area is that it's an outdoor storage facility which is not permitted. ACTION: Approved Negative Declaration Denied Waiver of Code Requirement on the basis that there are no exceptional or extraordinary circumstances applicable to the property involved in that the site plan can be modified with no substant'~al impact on the parking in order to install the landscaping required. Granted, in part, Conditional Use Parmit No. 3843 ~.~vith the fdlowing changes to conditions: Modified Condition No. 7 to read as follows: 06-10-96 Page 18 4NAHEIM CITY' PLANNING COMMISSION - SUMMARY ACTION AGENDA JUNE 10, 1996 7. That final landscape plans showing minimum 15-gallon sized trees equal to one tree per 20 linear foot of street ftontage in minimum 10-foot wide landscaped setbacks along the north (Uncdn Avenue) and east (Magnolia Avenue) property lines shall be subrritted to the Zoning Division of the Planning Department for review and approval by the Planning Commission as a Report and Recommendation item. Added the following conditions: That no cars shall be displayed and/or sold until the required landscaping is installed and all other required improvements are completed. That a maximum of four (4) cars shall be displayed at any one time. That the applicant shall pay for six (6) code enforcement inspections ?.o be conducted randomly throughout the one year approval period. VOTE: 5-1 (Bostwick voted no and Commissioner Mayer absent) DISCUSSION TIME: 37 minutes Selma Mann, Deputy City Attorney, presented the 22-day appeal rights. 06-10-96 Page 19 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA JUNE 10, 1998 l 6a. CEtiA NEGATIVE DECLARATION Approved 6b. WAIVER OF CODE REQUIREMENT Approved (ri:. CONDITIONAL USE PERMIT N0. 3839 Granted OWNER: KNOTT AVENUE CHRISTIAN CHURCH, Attn: Gary E. Martin, 315 S. Knott Avenue, Anaheim, f:,A 92804 AGENT: RAY MARTINEZ & ASSOCIATES, Attn: Ray Martinez, 19 E. Citrus Avenue, Suite M, Redlands, CA 92373 LOCATION: 315 South Knott Street. Property is a rectangularly- shaped parcel of land consisting of approximately 4.95 acres, having a frontage of approximately 4~ ieet on the west side of Knott Street and located approximately 845 feet north of the centerline of Orange Avenue. Request to expand an existing church facility to include a 2-story administration, classroom, fellowship hall/gymnasium building with waivers of maximum structural height and minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION N0. PC9S-56 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None APPLICANTS STATEMENT: Ray Martinez, Architect/Principal of Ray Martinez & Associates, 34590 County Line Road, Suite 10, Yucaipa, CA 92399. He stated they have reviewed the conditions in the staff report and are in agreement and he explained that the subject request will incorporate ail the church ac~'~'ities within the property. THE PUBLIC HEARING WAS+CLOSED. STAFF'S COMMENTS: Chairman Messe asked ff the two temporary structures will be eliminated? Mr. Martinez responded "yes'. Commissioner Boydstun asked if they have a problem wfth drainage? 06-10-96 Page 20 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA JUNE 10, 1996 ~: Mr. Martinez responded that in the past they've had problems and will be hiring a civil engineer to help with the drainage problem. Chairman Messe asked for clarification ff they're working at correcting the drainage problem. Mr. Martinez responded 'yes', it will be completed when they construct the new expansion. Jonathan Borrego, Senior Planner. He suggested an addition to Condition No. 2, to read `that all on-site activity shall cease by 10:00 p.m. nightly, with the exception of lad's Night Out', thereby allowing them to go forward wfth the fad's Night Out event. Commissioner Bostwick asked if they have a signed agreement relative to the parking? Mr. Martinez responded 'yes', and he stated their use requires approximately 500 parking spaces. The subject facility has a total of 411 parking spaces on-sfte and they have a reciprocal agreement with Orangeview Junirr High Scholl which allows them to have access to the 93 Parking spaces, thereby giving them a total of 504 parking spaces. He stated they will be filing that information with the County Recorder's Office. Jonathan Borrego spoke relative to the Issue of the parking variance being necessary and he stated the code states that off-site parking may be provided in conformance with code, however, the recorded agreement does need to be in place. Therefore, provided they are willing to get a recorded agreement from the schod district the parking waiver would then be unnecessary. Commissioner Boydstun indicated it may be a good idea to keep the waiver in place so that they don't get hung up on it. Selma Mann, Deputy C'~ty Attorney. She stated she would recommend that N there's an agreement to be recorded that it include a provision indicating ff it's terminated to Hotly the City. ACTION: Approved Negative Declaration Approved Waiver of Code Requirement Granted Conditicnal Use Permit No. 3839 with the following changes to condftions: Modified Condition Nos. 1 and 2 to read as follows: 1. That the applicant shall obtain a reciprocal parking and access agreement providing a minimum of ndnety three (93) conveniently located parking spaces off-site to the satisfbction of the City Traffic and Transportation Manager. The City of Anaheim shall be notffied ff and when such agreement is terminated. 2. That all on-site activity shall craw by 10:00 p.m. nightly, except for the 'fads Night Out' program, provided all related activities occur within the building. 06-10-96 Page 21 JUNE 10, 1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA VOTE: 6-0 (Commissioner Mayer absent) DISCUSSION TIME: 12 minutes Selma Mann, Deputy City Attorney, presented the 22~ay appeal rights. 06-10-96 Page 22 ~~ eunucuu cirv ni eNNING COMMISSION - SUMMARY ACTION AGENDA _ JUNE 10, 1896 7a. CEOA NEGATIVE DECLARATION Approved 7b. WAIVER OF CODE REQUIREMENT Approved 7c. CONDITIONAL USE PERMIT N0.3840 Granted OWNER: VIETNAMESE DISTRICT OF THE CHRISTIAN AND MISSIONARY AWANCE, 2275 W. Uncoln Avenue, Anaheim, CA 92801 AGENT: DONALD J. INMAN, 5131 Fox Hills Avenue, Buena Park, CA 90621 LOCATION: 2275 West Lincoln Avenue. Property is a rectangularly-shaped parcel of land located at the northwest corner of Lincoln Avenue and Monterey Street. To permit a church within an existing office complex with waNers of minimum landscape setback abutting a residential zone boundary and minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. PC96-57 w FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Af~PLICANT'S STATEMENT: Don Inman, 5131 Fox Hills Avenue, Buena Park, CA 90621. He stated they have read the staff report and are in agreement, but asked for clarification relative to Condition No. 5 because they're currently complying with that condition. Chairman Messe indicated ff it's currently aloes-level lighting and is directed away from residenC~al properties than there should be no problem. Mr. Inman indicated that they're proposing additional landscaping and there should be an improvement to the subject corner. THE PUBLIC HEARING WAS CLOSED. STAFF'S COMMENTS: Chairman Messe asked 'rf the sanctuary and fellowship hall are used simultaneously? Mr. Inman responded 'no'. 06-10-96 Page 23 JUNE 10, 1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA ~:. Chairman Messe suggested an addftion to the condtions to read 'that the sanctuary and fellowship hall shall not be used simultaneously' . Jonathan Borrego, Senior Planner. He stated staff would recommend a change to Condftion No. 12 ,and explained the intent of the condftion was to 11mft the occupancy of the sanctuary to 98 people and not to the fellowship hall. Therefore, 'fellowship hall" should be stricken from Condftion No. 12. He then suggested to add another sentence to Condftion No. 12 which pertains to the sanctuary and fellowship hall not to be used simultaneously. ACTION: Approved Negath~ Declaration Approved Waiver of Code Requirement Granted Condftional Use Permit No. 3840 wfth the following changes to conditions: Modified Condftion No. 12 to read as follows: 12. That the sanctuary and the fellowship hall shall not be used simultaneously. VOTE: ti-0 (Commissioner Mayer absent) DISCUSSION TIME: 6 minutes Selma Mann, Deputy City Attorney, presented the 22~fay appeal rights. MEETING ADJOURNED AT 3:35 P.M., TO THE JULY 8, 1996 PLANNING COMMISSION MORNING WORK SESSION AT 11:00 A.M. Respectfully submitted, ~~J~~~ Elly Fe~, genior Word Processing Operator Planning Department 06-10-96 Page 24