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Minutes-PC 1996/07/08SUMMARY ACSiON AGENDA ANAHEIM CITY PLANNING COMMISSION MEETING MONCAY, JULY E, 1~~6 PRELIMINARY PLAN REVIEW: 11:00 A.M. PUBLIC HEARING (TESTIMONY): 1:30 P.M. COMMISSIONERS PRESENT: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, MESSE, PERAZA COMMISSIONERS ABSENT: MP,YER STAFF PRESENT: Selma Mann Mary McCloskey Greg Hastings Jonathan Borrego Sean Gerber Bruce Freeman Robert Zur Schmiede Alfred Yalda Melanie Adams Margarita Solorio Elly Fernandes Deputy City Attorney Deputy Planning Director Zoning DNision Manager Senior Planner Associate Planner Code Enforcement Supervisor Redev./Property Services Manager Principal Transportation Planner Associate Civil Engineer Senior Secretary Senior Word Processing Operator nisso~os.wP JULY 8,1996 ANAHEIM CRY PLANNING GOIiAYISSION - SUMMARY ACTION AGENDA -- > APPROVAL OF THE SUMMARY ACTION AGENDA FOR THE PLANNING I Continued to COMMISSION MEETING OF MAY 29, 1996 AND THE ACTION AGENDA ,iuly 22, 1996 FOR THE PLANNING COMMISSION MEETING OF MAY 30, 1996, AS CORRECTED. 1. RENO-R,~TS A~~D RECOMMENDATIG~~S A. ONDiTIONAL USE PERMIT NO 2090 -INITIATION ~~ Initiated revocation REVOCATION OR MODIFICATION PROCEEDINGS. City Initiated and/or modi~ication (Code Enforcement), 200 S. Anaheim Boulevard, Anaheim, CA 92805. proceedings Request to inftiate revocation or modffication proceedings for Conditional Use Permit No. 2090 (to permft a dance hall). Property is located at 1160 North Kraemer Boulevard (Bobby's Shaclt). Bruce Freeman, Code Enforcement Supervisor. He stated staff Is requesting the conditional use permit to be set for a public hearing due to a large number of criminal s:tivity on the property, numerous zoning violations and he indicated the subject facility is not cr~mplying with the conditional use permit. B. rONDITIONAL USE PERMIT NOS 104 and 1765 - INITIATION OF Initiated revocation REVOCATION OR MODIFICATION PROCEEDINGS: City Initiated and/or mod'~ication (Code Enforcement), 200 S. Anaheim Boulevard, Anaheim, CA 92805. proceedings Request to initiate revocation or modific:liion proceedings for Conditional Use Permit No. t04 (to permit the sale of beer in conjunction with a restaurant) and Conditional Use Permit No. 1765 (to permft a beer bar). Property is located at 1652 West Lincoln Avenue I (EI OJo De Agua). Bruce Freeman, Code Enforcement Supervisor. He stated the subject issue has previously bean before the Commission and that the previous permit was terminated. He explained that the facility consists of a restaurant with on-sale beer and wine In the location. Staff is requesting the conditional use permit be set for a public hearing due to numerous continued operations following the terminated permft. 07/08/96 Page 2 JULY 8,1996 ANAHEIIII CITY PLANNING COIAIIAISSlON - SUMMMY ACTION AGENDA C. CONDI71ONAL ~ tcF PERMIT NO 383s .REQUEST FOR REVIEW I In accordance with CouncU Poicy No. AND APPROVAL OF LANDSCAPE PLANS AND EXTERIOR TION DRAWINGS: Tom Riggle of Robert H. Lee & 540, recommended BUILDING ELEVA b~ ~ Associates, Inc., 1201 S. Beach Bou'evarrl, Suite 207aLa a a s gnrand ndscape ~ e r 90631, rc ;oasts review and approval of landscape pl ^ drawings for Conditional Use Permit No. 3836 (to ~~ l ans in con unction PI 1 ewa o. building e establish a 2,796-square foot service station with an accessory i with the previously roved elevation a ses cornenience market providing sales of beer and wine for off-prem located at 1801 South State College t i pp plans showing y s consumption). Proper 'mission style' Boulevard (Arco AM/PM}. service station. ACTION: Commissioner Henninger offered a motion, seconded by d MOTION CARRIED (Commissioner Mayer ete D ~ i~ Commissioner Peraza an bsent) that the Anaheim City Planning Commission does herea s ~ ~i rrevised tt a recommend to CouncU approval of final sign and landscape PI berm reaching a maximum height of three (3) bl i elevation plan is sufficient) different Y e a provkied that a var feet be provided and that maximum height be reached along the base ftom the plans submitted with the of the sign to cover it up, and, further recommends that the listed in Paragraph (7) of the July 8, 1996 staff report, t original application s enhancemen with the exception of using white paint for the fascia of the canopy, be he~anng before the made to the originally submitted elevations. Planning Commissioner Henninger offered a motion, seconded by d MOTION CARRIED (Commissioner Mayer Commission is recom e sh Commissioner Boydstun an t the Anaheim City Planning Commission does hereby th t es to cant wi aPPI a ) absen determine that the revised elevation plan submitted at the July 8, 1996 proceed with ft. public meeting is sufficiently different from the original plan and ff the applicant wishes to proceed with that plan, a new public hearing before the Planning Commission is recommended to consider ft. Jonathan Borrego, Senior Planner. He stated the subject item is a request which was approved at the southwest comer of State College Boulevard and Katella Avenue to receNe final approval. The intent today is for the Planning Commission to review the final landscape and elevation plans for the previously approved service station. He indicated that the item has already been set for a public hearing to be held on July 16, 1996 before the City CouncU. Greg Hastings, Zoning DNision Manager. He added that CouncU Policy No. 540 requires the Planning Commission to review any substantial changes made to an original plan before it goes for a City CouncU hearing. Commissioner Masse clarUied and asked ff the action taken today would be an advisory to the City Council because essentially they're going to hear the entire project? rec~ommetndatlon toheCityeCounc~U relate to the subject changes~i eke a motion and 07/08/98 Page 3 .fULY 6,1996 /tNgNEIY C17Y PLANNING COYY{SSION - SUYYMY AC11fIN AGENDA 4 Centerpointe Drive, John Undskog, Senior Real Estate Negotiator with Arco Product's Company, La Palma, CA. He indicated the;^ have met with staff in hopes of reaching a consensus on several items, 1) pertains to the landscaping issue (which they've been able to resolve and submitted the plan to staff), and 2) pertains to establishing a suitable elevation and he stated they haven't been able to come to a consensus as to what staff feels is appropriate. He stated that they were tdd they needed a `flagship' monument unff, therefore, Arco met with their lead completely different ddesign than they've eveer built and hemndicated he computer 9 nested •renderings are posted on the Chamber wall. He explained that staff is recommending the original submittal `mission style' service station and that Arco is planning on going forward with the new plans submitted today, therefore, they're present to discuss the Issue. Commissioner Meese asked what plans will be submitted to the City Council? Mr. Lindskog explained that the 'mission style` service station is the one that was originally ffled which they had Intended to construct on-site, but in working with staff to obtain more of a monument `flagship' specialize unft they came up with a new plan which has the palm trees in place and which accurately reflects the landscaping and the unft proposed to be constructed. Mr. Lindskog indicated they dkin't have any specific gukfelfnes to fellow and they were at a loss to what type of Improvements staff was recommenc+inq for the intersection. He stated the landscaping proposed is high gt!alfty, but they haven't been able to reach a consensus with staff. Tom Riggle, Robert H. Lee & Associates. He i~ndlcated they have been working closely with Arco and City staff on the subject project and that they were asked by the Commission to work w(th staff in upgrading and Improving the building. He stated in meeting wfth staff, staff recommended a significantly different approach than what Arco has built in the past and recommended an upgrade in tt:e architectural design of the building. Mr. Riggle explained the upgrades that were made accordingly to staffs recommendation and he stated he feels they have met the requirements pe' :ode. They have also added some requirements which pertains to the Landscaping. He then spoke relative to the architecture design of the new plan and explained to ;Leff that they've met staffs requirement of provkfing a `flagship` design. He then spoke relative to the monument sign and stated the sign is wfthin code and he requested that >t not be reduced in size as R provides adequate visibility to the property. Commissioner Meese asked for clarification relatve to the last meeting and the action that was taken on the subject hem. Jonathan Borrego explained at the original public hearing the primary Issues discussed were related to the landscaping and signage. He stated he believes the elevation Issue wasn't discussed too heavUy. Overall, staff was happy with the design that was initially submitted with the 'mission style` service station, but there were a few upgrades that staff recommended to the building and he indicated that that was the purpose of bringing back the final elevations. 07/08/96 Page 4 ANAHiJY CITY PLANNING COwA~AISSION - SUYNIARY ACT10N AGENDA JULY 8, 1996 He stated he feels that in the course of the discussion with the appifcant, ff in fact the term `flagship' was used, staff may have been talking about flagship" iro the sense of the quality of the design which had originally been approved relative to upgrading the landscaping and to the signage, along with upgrading the inftial materials which were submitted. He stated there mays ve~bes~nve takendit tro meat n a t tai redesign of thep"station andthe stated thathwas was used, the apps never states intent. Commissioner Hanninger stated they prevbusly passed the CUP based on the plans that were presented to them, part of those plans were the 'mission style' buUding e! i~rttrtont s~d H olndicated8ln a s opinion, that was an important element of the overall proposal. If the appl P P~ ~ presented today he would have opposed the gas station in the subject location. He indicated he approves the landscaping changes and that the computer generated drawings presented terns with the berm and also foir the ar hnect ral pia s to remain as previously submitto~f the landscape pl Commissioner Messe darifled that the Commission should recommend as an advisory to the City Council that the new landscape plans be approved, the new location of the trash endosure be approved, but to approve the elevation plans that the Commission previously approved. Jonathan Borrego Indicated staff would also Ilke to see the upgrades completed as mentioned In the staff report, Paragraph 7. '~' Commissioner Henninger stated he doesn't have a problem with the cdor banding around the shade structure for the pump island. Commissioner Messe asked ff ft's an Uluminated neon? Jonathan Borrego stated it hasn't been called as such and staff would prefer ft not be illuminated. Mr. Riggle stated the fascia band arou:~d the canopy as well as over the entry are both illuminated, ft's not an exterior neon illumination but ft's an interior illumination. He then addressed the sign Issue relative to the size of the berm and explained the reasons why he feels the base being just under 5 feet would be appropriate. Commissioner Henninger asked if they'ro going to Berm up to the base, so there would only be a couple of feet of base showing? Mr. Riggle responded yes'. 07/08/96 Page 5 ANAHEIM Ct1Y PLANNING I;OAAlIfI1SS1ON - SUfI#AAARY AC71ON AGENDA JULY 8,1996 ~_. D. ONDITIONAL USE PERMIT NO 3779 - REQUEST FOR REVIEW Continued to ,g~ID APPROVAL OF SIGN PLANS: James Abernathy, 5800 W. July 22, 1996 Century BNd., X90855, Los Angeles, CA 90009-90855, requests review and approval of sign plans for Conditional Use Permit No. 3779 (to permit aself-storage facility with accessory outdoor storage with waivers of maximum fence height, minimum number of parking spaces and setback adjacent to any residential zone). Property is located at 1761 West Katella Avenue. Robert Abernathy, 1761 Katella Avenue. He indicated that they appeared previously before the Commission relative to a conditional use permit request which was approved subject to a design review of their sign. He explained that Variance No. 21fi~1 permitting a 45-foot high pde sign exists on the subject property. Currently, the pde sign is not Existing, but the variance is still existing and is the same height as mentioned in the conditional use permit before the Commission today. He stated they're requesting the use of said variance and for it to be In the same location as originally approved rather than using the 45-foot height sign on the antenna which is set back in the interior of the lot. He stated the street trees along Katella Avenue produces a problem for their business as it's difficult for potential customers to identify the subject facil'dy, particularly, driving west along Katalla. He stated moving the sign ftom the Interior at 45•feet to the old location of the existing variance would allow people driving west on fCatella Avenue to identify the subject business. Jonathan Borrego, Senior Planner. He stated it's staffs recommendation to add the wordage'that the applicant be held to the original location of the fteestanding sign and that the Commission not approve the request for the roof sign as the revised plans indicate'. Staff feels the 45-foot height sign mounted on a pde in ft's original location would serve to adequately advertise the business. He Indicated the wall signs located at the comer of the building at the Intersection of Humor Drive and Katella Avenue would also serve to provide some advertisement for the business. Commissioner Bristd asked if the sign on the antenna (s no longer acceptable? Mr. Abernathy responded `Yes`, and stated after the original meeting they took balloon test and took extensNe photographs and found that h doesn't work for the subject location. He explained that he's not present today to request a roof sign, he has verbally changed that request and has asked to be allowed to use a pde sign at the location of the existing variance. Commissioner Masse asked what are the intentions for the dd antenna monopde that is not being used? Mr. Abernathy responded that they're under discussion with a firm concerning the possible application to the City for cellular communication use. He also clarified that if the request today is approved that they wouldn't propose the use of the antenna for any signage purposes. 07/08/96 Page 6 ANAHEIM C11Y PLANNING COIAYISSION - SUTAIIAARY AC71ON AGENDA J'DLY 8,1996 Commissioner Henninger indicated he believes the antenna would be the subject of a new CUP and suggested that R be conditioned to take the pole down unless a CUP is received within sbc months. Mr. Abernathy was in agreement. Greg Hastings, Zoning Division Manager. He stated because the limited amount of room that's avaAabie in the subject area that a sign is not sllowed to over hang the public right-of-way. He indicated they haven't seen a design of what it will look like and feels it may be too tight. Commissioner Messe suggested the item be continued until specific plans are made available. E. REO E T FOR DETERMINATION OF CONFORMANCE WITH THE Determined to ENE L N F R NTY E F D NATED PA E. County be in conformance of Orange, General Services Agency, Attn: Lee Cdlins, 14 Civic Center with the Anaheim Plaza, Third Floor, Santa Ana, CA 92701 request for determination of General Plan confommance with the General Plan. Donated space consists of five (5) unfurnished offices and a reception area within Paul Revere Elementary School, located at 131 West Midway Drive, to provide health care S@N1C8S. A TI N: Commissioner Henninger offered a motion, seconded by Commissioner Bristol and MOTION CARRIED (Commissioner Mayer absent) that the Anaheim City Planning~ of donated seS ce a tPaul determine that the County's proposed Pa Revere Elementary School to provide mental health services to students attending the Anaheim City Scholl District and their families is in conformance with the Anaheim General Plan. 07/08/96 Page 7 y M .....,~......,,. o. wuui~r_ rruurccrer~r _ Su~f11ARY ACTION AGENDA JULY 1,1996 REQUEST FOR DETERMINATION OF CONFORMANCE WITH THE @NERAL PLAN FOR COUNTY USE OF DONATED SPACE: County of Orange, General Services Agency, Attn: Lee Cdlins, 14 Civic Center Plaza, Third Floor, Santa Ana, CA 92701 request for determination of conFomnance with the General Plan. Donated space consists of 50 square feet within an existing office at the Anahelm Pdice Department Headquarters, located at 425 South Harbor Boulevard, to provkle Ilmited probation services. ACTION: Commissioner Boydstun offered a motion, seconded by Commissioner Henninger and MOTION CARRIED (Commissioner Mayer absent) that the Anaheim City Planning Commission does hereby determine that the County's proposed use of donated space at the Anaheim Pdice Department Headquarters is in conformance wfth the Anaheim General Plan. Determined to be in conformance with the Anaheim General Plan 07/08/96 Page 8 JULY 8,1996 ANAHEIM CITY PLANNING C0YIiAISS10N - SUYIIAARY ACTION AGENDA PUBLIC HEARINGS: 2a. CEOA CATEGORICAL EXEMPTION -CLASS 11 I Concurred w/staff 2b. CONDITIONAL USE PERMIT N0.3837 Granted OWNER: PBS BUILDING SYSTEM, 155 N. Riverview Drive, Anaheim, CA 92808 AGENT: JM CONSULTING GROUP, Attn: Pr Bk~us ~Mce, 3760 IOlroy Airport way #440, Long LOCATION: +~5 North Riverview Drive. Property >s approximately 1.34 acres located at the northwest comer of Santa Ana Canyon Road and Riverview Drive. To permit roof-mounted telecommunications equipment. This item was continued from the Planning Commission meeting of May 29, 1996. CONDITIONAL USE PERMIT RESOLUTION N0. PC98_58 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: Nona APPLICANTS STATEMENT: Precious McDuffle, 3760 IGlroy Airport Way #440, Long Beach, CA 90806. She stated that the project has been redesigned and at the previous meeting they requested a continuance to June 10th, but due to the fact that a concerned neighbor was going to be out of town the Commission continued the subject item untG today. She explained that they have met staffs recommendation and have also revised the plans. She indicated that the antennas will only be six feet beyond the roof line and they're totally screened and painted to match the building. THE PUBLIC HEARING WAS CLOSED. STAFF'S COMMENTS: Commissioner Messe asked ff the antennas are completely enclosed? Ms. McDuftie responded 'yes'. 07/08/96 Page 9 ANAHEIM CITY PLANNING COIAIiAISS1ON - SUTAIAARY ACTION AGENDA JULY a 7996 ~. Commissioner Masse asked ff the top is also dosed c Ms. McDuffie responded that the four comers are enclosed. Commissioner Henninger stated he doesn't understand what he was looking at relaWe to the elevations ff the tops aren't covered. Ms. McDuffle stated that the tops were originally covered, but were removed at the request of staff. Greg Hastings, Zoning Division Manager. He explained to staff there were little pynimid-type cafe which were just decoratNe and there was a piece that went up to the base which covered the antennas. He stated from his understanding that you would not be able to see the antennas ftom the ground level around the property, but ftom a very long distance away you may be able to look down brio the area, therefore, staff recommends that they paint the equipment to match the roof material. The other option would be to keep the pyramid shapo to ft. Ms. McDuffie Mated they designed the plans based upon the property owner's recommendation and submitted the plans to staff. Staff then reviewed the plans and recommended that the railings and the arch be removed. She indicated they have revised the plans based an staffs recommendation. Commissioner Masse asked staff ff they've seen the revised plans? Greg Hastings stated he believes the photographs the Commission saw this morning was a copy of the dd plans. per Ms. McDuffie indicated that the revised plans were submitted to the Planning Department and tt~',t she was under the assumption that the Commission receNed ft. She then described the new revised plans, stating the only difference is that the arch and the railings on the top were removed. Commissioner Masse indicated they just r3ceived the revised plans and will now review them; after reviewing 'the plans he indicated that they now understand. ACTION: Concurred with staff that the proposed project falls within the definition of Categorical Exemptions, Class 11, as defined in the State EIR and is, therefore, categorically exempt from the requirements to prepare an EIR. Granted Conditional Use Permit No. 3837 with revised plans on file with the Planning Department. VOTE: 6-0 (Commissioner Mayer absent) DISCUSSION TIME: 8 minutes Selma Mann, Deputy City Attorney, presented the 22-day appeal rights. L,o, 07/08/96 Page 10 JULY 8,1996 ANAHEIUA CITY PLANNING COIAIAISSIOh - SUIIA~AARY ACTION AGENDA ~_. 3a. rEQA NEGATIVE DECLARATION (PREVIOUSLY APPROVED) 3b. WAIVER OF CODE REQUIREMENT 3c. ~QNDITIONAL USE PERMIT N0.3711 (READVERTISED) 3d. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY N0:11_~.44 OWNER: TEXACO REFINING AND MARKETING, Attn: Doug Elston, P.O. Box 7812, Universal City, CA 91608-7812 AGENT: PATRICK 0. FIEDLER, 2322 West 3rd Street, Los Angeles, CA 90057 LOCATION: 5650 East La P~I_ma Avenue lTexac^ aarvica Station). Property (s a rectangularlyshaped parcel ~f land consisting of approximately 1.0 acres located at the southwest comer of La Palma Avenue and Imperial Highway. Petitioner requests review and approval of revised plans fora 2,553-square foot automobile service station with a 2-bay express lube facility, accessory automated car wash, stake-out fast-food restaurant wfthin a 2,141-square foot cornenlence market aid sales of beer and wine for off-premises consumption with waivers of permitted wall signs, minimwn number of parking spaces and required improvement of setback areas. Petitioner further requests determination of public convenience or necessity for an Alcohdic Beverage Control license to permit the sale of beer arJ wine for off-premises consumption at subject facility. CONDITIONAL USE PERMIT RESOLUTION N0. ._ DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY RESOLUTION NO. Continued to August 5, 1998 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: 3 concerned people spoke APPLICANTS STATEMENT: Jeff Chess, Fred Fiedler & Associates, 6322 W. 3rd Street, Los Angeles. He stated that they're proposing a readvertisement for the subject condf:lonal use pemtit which was approved about 18 months ago. The subject request consists of a new service station wfth a fast-food tenant, a 2-bay lute facility and a drive through automated car wa;;h. He Indicated that the previous approval was for a convenience store gas station with two fast-food tenants and a drive through. 07/08/96 Paget 1 JULY 6, 7996 ANAHEIM CITY PLANNING Cp1AlA1SS1ON - SUTAIAARY ACTION AGENDA ~_ l~ He indicated due to the fact that there are many fast food establishments already in the area, t ey would request approval of the change. Cheri Gartley, 5635 E. La Palma, Anaheim, Manager of Cinemopolis. She stated her concems pertain to safety and that they're concerned with the proposed uses at the subject location as the additional uses will create a lot more traffic in the area. The same critert; that was used for their skle of the street would be wise to use on the other side of the street, so that the comer property exits through Anaheim Village so that everybody is controlled by a signal, for safety. Audrev Williams, Property Manager for Anaheim HUIs Village, 56245642 E. la Palma, Anaheim. she explained that her concems are similar to those of Ms. Gartley's which perta~~s to the amount of traffic that would be leaving the gas sKatlon. A lot more people would be exiting the station in excess of t~~ number that's exfting the gas station rww. She indicated, in her opinion, the more appropriate manner would be to direct the traffic back through the vUlage and out through the stop light. Thereby, eliminating people exiting from the shopping center with a light while people are exiting from the gas station without a light and creating an adverse effect in people trying to get to the actual Intersection at Imperial and La Palma. Commissioner Meese asked ff there's a low block wall that separates their property'. Ms. Williams stated yes", she believes i- s on the southeast comer and she suggested an easement to be placed where the cars usA to drNe over. Alfred Yalda, Principal Transportation Planner. He explained that Ms. Williams may be referring to the area across ftom their existing dfireway on Imperial Highway where they could go through the "" shopping ceriter. Charles Cintron, 5642 E. La Palma Avenue, Anaheim. He indicated he has previously spoken to the Commission on a different Issue which pertained to the needed signal at the subject location. The installation of the signal has been working out great and the traffic problem has been rectified. He asked the Commission to reconsider the request today as ft will make the area extremely congested and the Commission will be defeating their original purpose of trying to resolve the traffic problem. Mr. Chess stated during discussions made with Mr. Yalda, he believes there are tentatNe plans for the intersection to be wkfen and stated he feels the traffic issue is not a governing issue, they should be focusing on the uses of the site and the transportation going Into and out of the site. THE PUBUC HEARING WAS CLOSED. STAFF'S COMMENTS: Commissioner Boydstun asked ff they're eliminating the fast food portion of the request? Mr. Chess indicated they were approved for a bagel and coffee company, the food is cooked on the premises for off-premises consumption. Commissioner Boydstun asked how many employees will ft take to run all the subject operations? 07/08/96 Page 12 ANANEIIII CITY PLANNING COIIAAISSION - SUIIAIIAAh"V ACT10N AGENDA JULY 8,1996 ~. Mr. Chess responded at peak shift there will be a total of nine employees. Commissioner Boydstun indicated then they're going to lose nine spaces ftom the employee parking and she asked for Mr. Yalda's opinion. Mr. Yalda stated he has spoken with the applicant and has indicated to them they may want to do a redesign to achieve two or three more parking spars. Mr. Chess responded that ft looks like there is room to add a few more spaces. Commissioner Masse asked if the original plans had a parking waiver? Mr. Yalda stated the applicant was required to have twenty-three parking spaces, but provkled twenty-two, therefore there was a parking waver for one parking space. Commissioner Bostwick indicated code requirements require twenty-five spaces and ft's now down to nineteen, If you take the employee spacos out ft would then substantially reduce the parking. Commissioner Masse suggested the original parking study to be amended. Further discussion fdlowed between Planning Commissioners and Mr. Chess relative to the amount of parking spaces. Mr. Chess pointed out that the facility on La Palma and Kraemer is kientical to the previous approval of the subject project and he stated he feels La Palma and Kraemer is a more intensve use. Commissioner Henninger suggested a 4-week contfiuance to allow staff to take a closer look at the traffic conrms. He asked the Traffic Department to bring back a report on how the existing station on la Palma and Kraemer is doing and asked for a recommendation to be made to the Commission relative to today's request. Mr. Yalda suggested an upgrade to the traffic study that was made in 1994, including the parking, to address the traffic concerns. Commissioner Henninger stated a traffic study was made for both the stations which Indicated there would be plenty of parking, but apparently according to the one that has been built shows the study to be incorrect. Therefore, he would like a study based on reality rather than optimistic. Mr. Yalda darified that in the upgrade he's going to utilize the new numbers that are now existing at the intersection of La Palma and Kraemer. Commissioner Hen^!:iger added that he would also like to know the real usage in the parking area because ft's his understanding that at noon they don't have any available parking. Commissioner Boydstun commented that the facility on La Palma ar~d Kraemer doesn't have a car wash, therefore, the subject use is an intensified use. Commissioner Masse suggested a condition be added relatve to audio advertising at the pumps. 07/08/96 Page t 9 JULY 8,1996 MU~,HEIY CITY PLANNING COIAIAISSION - SUAAYARY ACTION AGENDA ~_ Commissioner Boydstun added that relative to the store not seiling'singles', the wording has not been inducted in the conditions. ACTION: Continued subject request to the August 5, 1996 Planning Commission meeting in osier to conduct a parking study. VOTE: 6-0 (Commissioner Mayer absent) DISCUSSION TIME: 21 minutes 07/08/96 Page 14 JUiLY i~ 1996 ANAIIEIY CITY PLANNING COMMISSION - SUIIAMARY ACTION AGENDA ~r Continued t~ 4a. SeEQA NEGATIVE DECLARATION July 22, 1996 4b. '~~ E'ER OF CODE REQUIREMENT 4c. CONDITIONAL USE PERMIT NO.3851_ 4d. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY N0.96-0 OWNER: UNION OIL COMPANY OF CALIFORNIA, Attn: PhUlip Dedge, p.O. Box 25376, Santa Ana, CA 92799 AGENT: Scott Peotter, 1 Corporate Park, Suite 101, Irvine, CA 92714 LOCATION: ~7 1 East La Palma Avenue ~~ ~^^r~+t Service Stattsl Property is arectangularly-shaped parcel of land consisting of approximately 0.54 acres located at the northwest comer of La palms Avenue and Tustin Avenue. To pertnft a service station with an accessory convenience market with sales of beer and wine for off-premises consumption with waNers ~ lines and number of trees, required setback adjacent to Interior property maximum sign size. Petitioner further requests determination of public convenience or necessity for an Alcohdic Beverage Contrd license to permit the sale of beer and wine for off-premises consumption at the subject facility. CONDITIONAL USE PERMIT RESOLUTIO'A N0. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY RESOLUTION N0. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Continued subject request to the July 22, 1996 Planning Commission meeting in order to allow the petitioner to redesign the proposed service station (with an accessory market with off-premises sale and consumption of beer and wine) by realigning the pump islands in order to provkle additional landscaping adjacent to La Palma Avenue and Tustin Avenue and Improve on-site vehide circulation. VOTE: 6-0 (Commissioner Mayer absent) DISCUSSION TIME: This item was not discussed. 07/08/96 Page 15 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA JULY 8,1996 5a. CEQA NEGATIVE DECLARATION Approved 5b. WAIVER O!F GODE REQUIREMENT Grapnted 5c. CONDITIONAL USE PERMIT N0.3856 OWNER: ROLAND FRANK GONZ4LES TRUST, 1336 E. Chapman Avenue, Orange, CA 92666 LOCATION: 1133 North Tustin Avenue. Property is located at the northwest comer of Tustin Avenue and Melville Way, having approximate frontages of 150 feet on the west side of Tustin Avenue and 180 feet on the north side of Melville Way. To permit automotive vehicle repair and accessory uses including body work and sales of used automobiles with waivers of minimum number of parking spaces and ;armitted encroachments Into required yards. CONDITIONAL USE PERMIT RESOLUTION N0. PC98-59 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. ~ OPPOSITION: None APPLICANTS STATEMENT: Roland Frank Gonzales, 1336 E. Chapman, Orange. He stated he concurs with the staff report, but will address two ftems. 1) Condition No. 1, he stated he didn't submit the said letter of termination for Variance No. 2430, but does request that i< be terminated; and 2) Condition No. 4, he stated they're going to build the berms up so the front of the parked cars are not seen. They will submit plans for the landscaping and will renovate the whole premises. Commissioner Henninger asked H he's aware of staffs recommendation for denying approval of Waiver B, thereby not allowing vehicles for sale in the five parking spaces adjacent tc T~~stin Avenue. Mr. Gonzales responded 'no', he wasn't aware. Commissioner Henninger asked ff he would still like to display the vehicles outside? Mr. Gonzales responded `yes". Mike Vietro, business owner of the Corvette shop, 407 N. Anaheim Boulevard, Orange. He stated that they've been looking for a new location because of the I-5 Freeway widening. He Indicated the subject CUP allows auto repair, paint & body and they're here today requesting the addition of sales. He explained the need for the five spaces in front of the building. 07/08/96 Page 16 ANAHEIM CITY PLANNING COYYISSION - SUIIAYAFiY ACTION AGENDA JULY 8,1896 ~~ He submitted photographs to the Commission which illustrates the shop they're proposing. THE PUBLIC {TEARING WAS CLOSED. STAFF'S COMMENTS: Commissioner Masse asked how many cars will be parked outske? Mr. Vietro responded three to five cars will be parked, but on the weekends they can park more because the surrounding businesses are dosed. Commissioner Henninger commented acconiing to Mr. Vietro's description of the proposed parking use would the waver VIII bo needed. Jonathan Borrego, Senior Planner. He responded that the waiver would be appropriate only ff the cars parked were strictly for sale. If he's pulling cars out there in the process of repairing them then the waNer wouldn't be necessary. He refterated ff the vehicles are being pulled out only for display to be sold than the waiver would be needed. Commissioner Henninger asked for darffication relative to the wording 'displayed' and he Indicated ff the cars parked are not distinguishable ftom customer's cars then the cars are not really being displayed for sale but are just being parked there. Commissioner Masse commented they're not planning on having 'for sale' signs, banners, flags, or printing on car windows. Mr. Vietro responded that's correct, but ff he was granted the displayed spaces as originally requested they would then like to put the year/model on the windshield, thereby, distinguishing their cars from the customer's cars. Further discussion followed between Mr. Vietro and Planning Commissioners relative to outside displaying of vehicles. Commissioner Bostwick asked for the Redevelopment Department's opinion on auto sales in the subject area. Robert Zur Schmiede, Redevelopment Department. He explained that he has been working with Mr. Vietro over the past few months and they have looked at a number of sites. The Redevelopment Department has a program to assist businesses that are being displaced by the I-5 wkfening. They have a brand new Specffic Ptan in the Northeast Area and he indicated the subject facility is included wfth that and is included with Planning Area 4. There was a recent amendment approved to the Specific Plan that will allow for the subject conditional uses. Commissioner Masse addressed Condition No. 6 and asked staff ff parking ovemlght is encouraged? 07/06/96 Page 17 ANAHEIM CRY PLANNING COYYISSION - SUYYARY ACTION AGENDA JULY 8,196 ~`; Greg 'Hastings, Zoning Division Manager. He stated he believes that reflects the parking study, but staff does not encourage any outdoor storage. Commissioner Messe suggested to delete the wordage from the condition which pertains to allowing two vehides to be parked ovemight. Mr. Vietro explained a lot of the customers pick up their cars after they're dosed which may be around 10:00 or 11:00 p.m. and staff may see that as a car being left outside. He Indicated they don't leave any of their vehides outskle for ovemight parking. ACTION: Approved NegatNe Declaration Approved Waiver of Code Requirement Granted Conditional Use Permit No. 3856 wfth the fdlowing chaiges to conditions: Modified Condftion Nos. 6 and 7 to read as follows: 6. That not more than sixty-five (65) vehides shall be kept on the premises (interior) ovemight. 7. That no outdoor work on vehides or outdoor storage of vehicular parts shall be permitted. Added the fdiowing new condition: That no flags or banners shall be permitted on the premises. VOTE: 6-0 (Commissioner Mayer absent) DISCUSSION TiME: 16 minutes Selma Mann, Deputy City Attorney, presented the 22-day appeal rights. 07/08/96 Page 18 ANAHEIfl9 CITY PLANNING COMMISSION - SUY~AARY ACTION AGENDA JULY 8, 1996 ~, r.Fnn MEGATNE DECLARATION Approved 6b. WAIVER OF CODE REQUIREMENT Approved ~, rnNDITIONAL USE PERMIT N0.3644 Granted OWNER: N. BRUCE and BARBARA E. ASHWILL, 2830 'G' Street, Sacramento, CA 95816 AGENT: FLOYD L. FARANO, 2100 S. State College Boulevard, Anaheim, CA 92806 LOCATION: 1070 North Grove Street. Property Is approximately 1.4 acres located at the southeast comer of La Palma Avenue and Grove Street. To permit automotive vehicle repair and body work in an existing approximate 30,709-square foot industrial building wfth waiver of minimum number of parking spaces. !;ONDITIONAL USE PERMIT RESOLUTION N0. PC96-60 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None APPLICANTS STATEMENT: Jeff Farano, 2100 S. State Colege Boulevard, Anaheim. He stated they have displayed on the Chamber wall color readings as to what the building is going to look Tike. He explained the proposed project and stated currently Anaheim Hilts Auto Body operates in a 2,100 square foot building on Miraloma with two separate buildings. The proposed project is approximately a 31,000 square foot building which they could then consolkiate their operations and also would be able to add a tot more efficiency to the operations. He indicated 4096 of their husiness come from dealer accounts, another 4096 comes from insurance accounts and referrals and approximately 2096 come from non-insurance aid walk-ups. He spoke relative to the Letter of Operation and the staff report (paragraph 13) and he clarified on the hours of operation. He stated they wdi be open 8:00 a.m. to Noon on Saturdays and will not be open on Sundays. He clarified Uiat in addition to customer pick-up on Saturdays there may also be occasions where work wpl need to be done on Saturdays and he stated they don't want to be restricted from work on Saturdays. He stated all vehicles that are waiting to be worked on will be kept inskle, no vehicles are parked outskie overnight. The spaces to the south of the building wdl be for employee parking only, the traffic study has been submitted and It indicates there are approximately 30 employees and 30 07/08/96 Page 19 ANAHEIM CITY PLANNING COYYlSSION - SUYYARY ACTION AGENDA JULY 6,1996 ~' so there is not alwa s 30 cars parked. cars. He darfflsd that some of the employees do carpool Y The 13 spacers in the back wUl be designated for employee parking, the remaining employee parking wUi be in the front of the building. The parking study states there Is a need for 57 parking spaces and they have 58. He indicated they're asking for a waiver for the parking spaces because the parking study indicated that an on-site review indicates only 58 spaces wUl be required. He stated estimates will be conducted in the north end of the building, driveway off of Grove and that typically they will have three to four cars at a time on the premises for estimates. He then explained their operation pertaining to vehides on site for service. Alan Hibbs, Architect, 1200 N. Jefferson Street, Suite A, Anaheim. He stated they're proposing to redesign the existing building for an enhancement giving an appearance of an office facility, office use, commercial as oppose to the existing industrial look. He explained the landscaping for the project and stated they're looking to give it a while new definition with a more deaner and modem appearance. Mr. Farano reiterated the attempt was to Improve and enhance the building and not to have the appearance of the typical body shop. He then spoke relative to Condition No. 5 and darified that 13 of the parking spaces on the south end of the building wUl be used for employees only. They will need approximately 17 spaces in the north end along La Palma for additional employee parking which leaves 25 parking spaces remaining for customer parking. Therefore, the north end will be used for both employees and customer parking. THE PUBLIC HEARING WAS CLOSED. STAFF'S COMMENTS: Commissioner Bostwick asked staff iE there is street parking available on Grove Street? Mr. Yalda indicated he's not sure, but will look into it. Commissioner Bostwick commented if so, they probably could utilize that area for employee parking. Commissioner Henninger asked fi the existing location had some off-site parking? Mr. Farano indicated currently there are two locations on Miraloma and the parking study indudes the count of the cars and the location around the comer. Commissioner Messe asked for Mr. Yalda's opinion relative to the parking waiver. Mr. Yafda stated the parking study was based on the existing use and staff recommended approval of the site because they're already in business and operating. The existing use was approximately 25,000 square feet and their Increasing it by about 6,000 square feet, therefore, they proportionally calculated the required parking and that's how the numbers came up in the report. _ 07/08/96 Page 20 .u.ue~.^ nRV oe euurur: [`11YUtSS1AN . SUYYMY ACTION AGENDA JULY S, 1996 ACTION: Approved NegatlvP Dedaratlon Approved Waiver of Code Requirement Granted Condi-fonal Use Permft No. 3844 with the fdlow(ng changes to conditions: Modified Condition No. 5 to read as fellows: 5. That the south parking lot shall be used exdusively for employees and the north parking lot shall be used for a combination of customer and employee parking and ft~rther that the lots shall be posted accordingly. VOTE: 6-0 (Commissioner Mayer absent) DISCUSSION TIME; 16 minutes Selma Mann, Deputy City Attorney, presented the 22-day appeal rights. 07/08/96 ?age 21 ....~~.~~ nn.. o~ suutur P~]uYLS51ON ~ SUYYARY ACTION AGENDA JULY a 1956 l._. 7a. ~EQA NEGATIVE'D~~:LARATION Approved 7b. rnu^iTinuAL USE PERMIT N0.3842 Granted OWNER: CALJf:ORNIA DRIVE-IN THEATRES, INC., Attn: A. Terrance Dickens, 120 N. Robertson Boulevard, Los Angeles; CA 90048 LOCATION: y~,1~0 270 South State College SoulevaM (Orange Da1ve-In Theatrel. Property is arectangularly-shaped parcel of land coiuisUng of approximately 6.31 acres, having approximate frontages of 348 feet on the east side of State Calege Boulevard and 50 feet on the south side of Orangewood Avenue. To permit swap meet operation on the City of Anaheim portion of the Orange Dri<re-Vn Theatre, Including an accessory outdoor roller hockey facility in the'partcing lot area. CONDITIONAL USE PERMIT RESOLUTION N0. PC96-61 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None AP~~LICANT"S STATEMENT: Terry Dickens, 120 N. Robertson Boulevard, Los Angeles, CA. He stated Caltrans has approached them with a request to take a little over 5 acres of the southern portion of the property which Iles in the City of Orange. In order to accommodate that and to allow the current business to operate they are proposing to add seller spaces to the swap meet in the City of Anaheim portion of the property. The operation will not change with the exception that the total number of seller spaces will decline as reported in the report. He stated the configuration of the property will not change as to the access points and. so forth, until the first of January when Caltrans concludes their acquisition. He indicated aside from the subject request, their company just recently closed an escrow on the property immediately north of the subject sfte. They acquired about 51,000 square feet of vacant land with the reason being is because they have some concerns based upon the material Caltran has provkled them in the proposed traffic alignments pertaining to access. He stated that will help restore some of the acreage and at a later time he will figure out how to incorporate that Into the project. THE PUBLIC HEARING WAS CLOSED. 07/08/95 Page 22 .....,~".. nnv or sWNING COIAYISSION - SUMIIAARY ACTION AGENDA JULY 8,1996 STAFF'S COMMENTS: Commissioner Boydstun asked ff arrangements are made when traffic is heavy? Mr. Dickens responded typically they do make arrangements with local pdice to handle traffic c~ntrd. However ft's handled now wtth the Ctty of Orange they wAl continue tofdo wpltthon after coordfnatewft City ofiAnaheim traffic staff to work out the sRuations Property Y Commissioner Messe Indicated t~ deteRi 9 ~hemr~~e~ wtth vendors on the public right-of way and he asked ff there is anyway Mr. Die heave onPa publlc~ght-0f uray a stated he'stnot sues ff he has the authoority to rema ke P~I~ people. Commissbner Boydstun suggested they refer tt to Code Enforcement. the vendo ~omCtohda public right-0f-ways, buts/n theepast theyedmoved up Into hehex driveway of the subject facility and that's where they have the problems. Mr. Dickens responded they don't want that to occur and will move them out of the public drNeway. Commissioner Boydstun asked about the roller rink and Mr. Dickens responded tt was not possik~le to accommodate ttspace-wise, plus the Ilabiltty insurance skyrocketed even though they have had no daims. He add Irnestme trywhc h theyrwouldk a to be able tosrecoverg about tt because they have a 5300, Commissioner Messe asked about splitting sales taxes, etc. since this is located in two ctties. Mr. Dickens responded he dkf not think there would be a split of revenue required because the sellers will be specifically located in one c'dY or the other; that there is a per day charge which he thought was 51.00 per day per seller in Ileu of a business license and each vendor has to report their own sales as to which city the transaction was ha aled.~m ~ andthe 91 Fr`eew of the revenue to the City of Anaheim, similar to what happe He explained there is a "City Ilmlt" sign painted on the property. Jonatha nB~ ado onewfth the businessu Iii ense~ Heiread theccondftions as fdlowso'.~ dealing with traffic c 'That the property owner or swap meet operator shall be responsible for paying the full costs associated wtth the use of Police Department and or Traffic Management Center staff who may be needed for traffic contrd purpo 07/08/96 Page 23 w~wuClu rrrv DI e1JiJ1ii1R l_[flfiVISSION _ SUIIIIIAARY ACT10N AGiENDA .JULY 8,1996 "that the property owner or swap meet operator shall contact the City of Anaheim Business License Division in order to implement the business license requirements and fees for those vendors operating within the Ciry of Anaheim. The property owner or swap meet owner operator shall be responsible for famishing the requisite information to the Business Ucense Division for business license sales tax collection purposes.' Mr. Dk;kens responded that he had no problems accepting those two conditions. Commissioner Henninger asked if a use normally would be allowed tp back up traffic into the public streets on a regular basis requiring that the City go out there and provide some sort of traffic contrd on the public streets?' Alfred Yalda responded sometimes it does happen, such as at the arena when there is a special event. He noted there is an event scheduled in August called 'Jet Jam' wh~~h will generate approximately 60,000 people to the Anaheim Arena; therefore, necessitating the use of traffic contrd officers. In this case, that may cr may not be required, depending upon the Pdice Department's determination. Generally, this use is on Saturday or Sunday when traffic is lightest. Commissioner Henninger asked ff we would allow a use to continue there every Saturday and every Sunday that backed traffic out onto the public street, or would we expect them to rearrange their entry in some way to accommodate that flow onto the site. Mr. Yalda stated ff that happens, we would look at the situation and see how we could Improve the circulation to minimize or eliminate the use of traffic contrd officers. Commissioner Bostwick offered a motion, seconded oy Commissioner Boydstun to approve the Negative Declaration. Commissioner Henninger suggested a third condftion be added that vendors be located only in designated vendor locations to keep them out of the on-site drNeways. ACTICIN: Approved Negative Declaration Granted Conditional Use Permit No. 3842 with the following added conditions: That the property owner or swap meet operator shall be responsible for paying the full cost associated with the use of Police Department and/or Traffic Management Center staff who may be needed for traffic contrd purposes. 07/08/96 Page 24 ANAHEIM CiiY PLANNING COMMISSION - SUMMARY ACTION AGENDA JULY a 1996 That the property owner or swap meet operator shall contact the City of Anahelm Business License Dlvislon in order to implement the business license requirements and fear for those vendors operating wfthin the City of Anaheim. The property owner or swap meet operator shall be responsible for famishing the requisite information to the Business License DNision for business license sales tax collection purposes. That all vendors shall be located in designated vendor locations only. VOTE: 6-0 (Commissioner Mayer absent) DISCUSSIOPt TIME: 15 minutes Selma Mann, Deputy City Attorney, presented the 22-day appeal rights. 07/08/96 Page 25 ANAHEIM CITY PLANNING COMMISSION - SUYYARY ACTION AGENDA JULY 0.1996 8a. EIR NO 281 (PREVIOUSLY CERTIFIEDI Approved 8b. FINAL SITE PLANS FOR VESTING Approved TENTATIVE TRACT MAP NO5. 15121 and 15123 OWNER: SHEA HOMES, 655 Brea Canyon Road, Walnut, CA 91789 AGENT: HUNSAKER & ASSOCIATES, Attn: Dan Hosseinzadeh, 3 Hughes, Irvine, CA 92718 LOCATION: Property is an irregularly-shaped parcel of land consisting of approximately 23.0 acres located at the southwest comer of Garden View Drlve and Cloverdale Drive and further described as Vesting Tentative Tract Map Nos. 15121 and 15123 (within Development Area 204 of the Summit of Anaheim Hills Specific Plan No. SP88-2). Petitioner requests review and approval of Final Site Plans for Vesting Tentative Tract Map No. 15121 (to establish an 8.8-acre, 31-lot single- family subdivislon, including 30 single-family residences and one open space lot) and Vesting Tentative Tract Map No. 15123 (to establish a 14.2-acre, 31-lot single-famlly subdivision, including 30 single-family residences and one open space lot). FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None APPLICANTS STATEMENT: Dan Hosseinzadeh, with Hunsaker and Associates, stated his clients accept all the conditions suggested by staff. THE PUBLIC HEARING WAS CLOSED. ACTION: Determined that the previously certified EIR 23 i is adequate to serve as the required environmental documentation for subJect request. Approved the final site plans for Vesting TentatNe Tract Map Nos. 15121 and 15123. VOTE: 6-0 (Commissioner Mayer absent) DISCUSSION TIME: 1 minute Selma Mann, Deputy City Attorney, presented the 22-day appeal rights. 07/08/96 Page 26 JULY 8,1!96 ANAIiEIN CITY PLANNING COYfiAtSS1ON - SUIIAIIAARY ACi1OM AGENDA ~~ rEOA NEGATIVE DECLARATION Approved ga. Approved, in part 9b. `~VAIVEp nF rc~DE REQUIREMENT Granted, in part gc, CONDITIONAL USE PERMIT N0. 3855 OWNER: FUJITA INVESTORS OF CALJFORNIA, P.O. Box 1860, Sarna Monica, CA 90406 AGENT: ShaOb~ ~ ~~ S Anahe ml Boulevard, AnaheimaCA 92805 LOCATION: 1985 South Santa Cruz treat. Property is an irregularly-shaped parcel of land consisting of approximately 2.44 acres located at the northwest comer of Santa Cnu Street and Stanford Court. To permit wireless communication sales pnduding but not limited to, cellular telephones, beepers, 2-way radios, ~ ~ automotivewith service, sales of related accessories and pa ~~~ tYPe ~ sign installation in the ML Zone with waivers of (a) pe and (b) maximum sign height. CONDITIONAL USE PERMIT RESOLUTION NO. aC96-82 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: 1 person spoke in opposition APPLICANT'S STATEMENT: Len Alexander, Attorney, serving as Corporate Lawyer to Global Cellular, pointed out they have been at 1990 S. Anaheim Blvd. since 1985 and have been in business in Anaheim actually since 1982. He explained Caltrans has requested that the entire buUdnng bee em~Ves~ mployees ainess relocated. This has been a tremendous hardship to the compa y. Y 22,000 sq. ff. building and ft has been a veoryis~ ~es$ ~ ~ any~~ innsalesrtax incomeny~ b~ for the citizens of Anaheim. It generates app He explained Global Cellular would take about 1/2 of the Fujita building which is approximately 30,000 sq. ft. and utilize it for its entire operation. He stated the buiding they will be moving into is approximate!` ~iN ately 0 feet tso they are here building and they understand the freeway will be elevated app on a special circumstance hardship basis to maintain status quo so they can have the same type of operation they currently have, in addition to having their signage. He added they disagree with staff s determination regarding some ofd in size a~ they would like to operating a reader board marquee sign since 1985 ao rnaltetl ~~ et they would like to raise the keep iL Since the fteeway is being elevated by app Y height of the electronic reader board sign from 25 feet to 38 feet higtr. 07/08/96 Page 27 _____._.__ ~~................n.~~nee~nu _ c~tuusRV A(_77AN AGENDA JULY a 1896 He added they have already obtained sign permits to allow for the electronic reader board and their entire signage and they do conform to Code. He explained the Planning Department will only allow them to place the tinge and the ewould like to property facing Stanford Court, approximately 38 feet from the property Y request that the sign be brought doser to new Anaheim Blvd. He asked that the CUP be granted for approximately 10 years or for as long as possible. They have entered Into a lease for 20 years with the options and they would like to have the CUP for as long as possible. ' Jim Shah, President, Global Cellular, 1990 S. Anaheim Blvd., explained they started the company in 1985 in Anaheim. They wanted to stay in Anaheim and the facility they have occupied for the last nine years has been successful but they are being forced out by Caltrans for widening of the freeway. He thought the reader board has helped make their business a success and he wants to be able to continue wfth the same success formula they have now. Mr. Shab disagreed with the staff report which indicated that there was not a hardship and in addition to the freeway being elevated, they are relocating to this building and there is going to be massive construction going on there for two or three years and there is going to be a tremendous hardship. They feel they are making an accommodation to the State of Cal'rfomia and to the City of Anaheim by relocating to this building and allowing the existing buUding to be demdished. He stated the business is going to be landlocked because of the freeway widening and there will be a tremendous Interference and staff is recommending that they not take the entire portion of that west skle of new building for their signage and the landlord has agreed to allow them to do that. OPPOSITION: Anthony i(inninger stated he owns a neighboring building at 1990 S. Santa Cruz, and he wanted the Commission to be aware that the signage in this case should be consistent with the several miles of new frontage that they will have after the freeway is expanded in the next five years and what is fair for this company should be fair for all. He personally dkl not think because of the competitive nature of the cellular phone business, that there is no sign that is too big. He stated this company had a blimp tethered on a 200-foot line for a year or two and he felt that was in poor taste and thought ff they keep the blimp hangered, then maybe the Commission could give them a favorable ruling on their sign. Mr. Shab stated they could work something out regarding the blimp and that their business is different than Mr. Kinninger's because they are basically forced to relocate and are not here to expand the business. THE PUBUC HEARING WAS CLOSED. STAFF'S COMMENTS: Chairman Messe asked if approval was obtained for the reader board sign and Mr. Alexander responded that k was. He stated he thought the sign representative received that approval in late 07/08/96 Page 28 ANAHEIM CITY PLJINNING (~IIpISSiON - SUY~AAIIY AC'iION AGENDA JULY 8,1996 May and their request was only for the CUP untq staff mentioned that the electronic reader board sign would be unacceptable. Commissioner Henninger stated the approval did not make lt dear that lt was an electronic reader board sign and lt just says that they are going to relocate the existing sign and the Building Department stamp says that whatever entitlement they have doesn't entitle them to vitiate the Building Codes In the City of Anaheim. Mr. Alexander responded he does see that, and referred to an exhiblt which dearly says and lt was noted that any exhibit presented would have to remain as the evidence presented in this case. Commissioner Henninger stated they are being asked to move their business to make room for the freeway so he would support them Just relocating an existing sign, and he thought the new height was fair because the freeway is going to be raised. Commissioner Boydstun stated in many othar Instances, existing businesses are "grandfathered " ff lt is already existing and she thought this shour~ be that way and that would not set a precedent as to what is going to be on the freeway. Commissioner Messe stated lt is existing, but lt was not necessarily approved. f~Ar. Shab stated they do have approval, but that he dkf not bring in the records. Commissioner Boydstun stated ff lt was not approved, something should have been done about lt a long time ago; that lt Is existing and they dkl not ask to move aril are being forced to move and we should be glad that they are going to stay in Anaheim. Commissioner Henninger asked about the building sign and the landscaping on the new building. He understood that there must be 10 trees existing across the rear of the building 9ndpehe thothe 3 the plans are to take all of those trees out. He asked ff they would consider leavin chaps trees dosest to the two comers of the building and then concentrate the slgnage near the new front door. Mr. Alexander responded that is a nice suggestion. He explained the plans were to have the words 'Global Cellular on the right skle of the building and have the words, 'Phones, Pagers and Accessories' on the center of the building and on the left skfe is the name 'Airtouch Cellular'. They are basically taking what is on their building currently and moving lt and adding signage to identffy the business on the south skis of the building. Commissioner Henninger stated he does not mind ff they use the whole front of the building, but there are some nice trees there and he would like to save at least a few of the trees near each comer. He thought the signs could fd between the trees. Mr. Alexander stated they Intend to only improve the building and thought they are making major improvements. He stated there Is a quastion between Caltrans aril the City regarding the sidewalk and whether lt will be against tho building or back on the easement and that Caltrans planned to design the 10-foot easement area as a greenbelt area with trees. Commissioner Henninger stated the requirement is that they plant 15-gallon trees, but the expectation is that those grow up to be big trees and his suggestion was to provide a dear area to allow visibility from the freeway and at the same time preserve some of the mature trees which are there now. 07/08/96 Page 29 ANAHEIM Cillf PLANNING COMMISSION - SUMMARY ACTION AGENDA JULY ~ 1996 Mr. Alexander asked >f the Commission had reviewed the signage plans and Commissioner Henninger responded they have and he understands that he (s suggesting a change to those plans. Mr. Alexander asked if Commissioner Henninger is proposing that the trees be cut down below the height of the signs so that the sign Is not blocked. Commissioner Henninger stated he is trying to save the height of the trees. He clarified that he is not asking to save ail the trees, just to save two or three trees closest to the ends of the building, just at the comers. Mr. Shab stated he thought they could,accommodate that request wfth the spacing of the signs, just putting them doser together, and leaving the trees at the ends of the building. He stated he could get the landscape architect to design ft to accommodate some of the trees. He explained Caltrans is going to put a greenbelt in that area as well. Commissioner Henninger stated he thought it was the best for everybody to try and save some of those mature trees and provkie a sort of permanent view access to where their signs are going to be ftom the fteeway. Mr. Shab agreed H they can have the reader board and bring it doser to Anaheim Boulevard and Mr. Alexander added he thought they could work ft out. Commissioner Henninger stated the trees are already there and ft is Just a matter of where to put the signs. Melanie Adams Mated ft is a possibility that Caltrans will be placing the public sidewalk immediately adjacent to his building, and in that case, the trees may be lost. She explained their decision will be based on what is best for the entire street, and Incorporating our street tree program. She was not sure of the date and noted the Deslgn DNision will be making a presentation to Council shortly. She thought this business needs to be relocated within a few months. Commissioner Henninger stated those trees should be preserved until Caltrans makes their decision. Mr. Alexander asked if there is going to be a beautfful greenbelt, could they bring plans back to the Planning Commission to show how ft is going to be done. Commissioner Henninger thought we used to preserve the first three matu~ceant candcoame back for of the building comers unti Caltrans plans are complete and then the appl review of revised plans. Commissioner Messe explained he was on the Commission when the original CUP was approved and he dkf not believe that sign was ever approved and that he has a problem with the legality of the existing sign. Jonathan Borrego stated the sign did receive a building permit, and h was reviewed by the Planning Department; however, in his estimation it was not dear at that point that n was going to be an electronic reader board sign and although there is a permit that was recently Issued to relocate this sign, the Building DNision staff has also been Instructed not to approve any inspections out there on the fteestanding signs until the issue has been resolved. 07/08/96 Page 30 ANAHEIM CRY PLANNING COYYISSION - SUYYARY ACTION AGENDA JULY 8, 1996 Mr. Borrego stated staff would also recommend that the entire structure be removed and not just the electronic reader board portion because there is a good chance that in the future, that sort of sign would be prohibfted anyway. Commissioner Henninger noted that today that sign, without reader board, is allowed and if they had it, it would be "grandfathered'. ACTION: Approved Negative Declaration Approved, in part, Waiver of Coda Requirement (Vote: 5-1; Messe voted no) Approved waiver (a) on the basis that the business Is being forced to move by Caitrans and this type of sign is in existence on their property. Denied waiver (b) on the basis that it was deleted following public notification. Granted, in part, Conditional Use Permft No. 3855 with the following added conditions: That the first three (3) mature trees adjacent to each of the building comers along the western building elevation shall be preserved and the wall signs on said elevation shall be modified to compress them so that they fit in between those trees. This landscaping and signage shall be preserved until Caltrans' improvement plans are completed. At the time Caltrans plans are complete, a detailed sign and landscape plan shall be submitted to the Zoning Division of the Planning Department for review and approval by the Planning Commission as a Report and Recommendation item. The reader board sign is approved for as long as the cellular phone business occupies this site. The sign shall be removed at the time the business ceases to exist. VOTE: 6-0 (Commissioner Mayer absent) DISCUSSION TiME: 35 minutes Selma Mann, Deputy City Attorney, presented the 22-day appeal rights. 5-minute recess. 07/08/96 Page 31 ANAHEIM CITY PUWNING COMMISSION - SUYIAARY ACTION AGENDA JULY 0. 1996 10a. CEOA NEGATIVE DECLARATION I Approved 10b. rONDITIONAL USE PERMIT N0. 3853 Granted OWNER: GREGORY L. SALSBURY, TRUSTEE OF THE SALSBURY 1988 FAMILY TRUST, 2465 W. La Palma Avenue, Anaheim, CA 92801 AGENT: LOS ANGE! ES CELLULAR, 17785 Center Court Drive North, Cerritos, CA 90701 LOCATION: 2485 West La Palma Avenue Property is a rectangularly-shaped parcel of land consisting of approximately 0.96 acres, having a ftontage of approximately 165 feet on the north side of La Palma Avenue and located approximately 820 feet west of the centerline of Gilbert Street. To permit additional antennas on an existing monopole communication antenna. CONDITIONAL USE PERMIT RESOLUTION N0. PC96-63 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None APPLICANTS STATEMENT: Leslie Daigale, LA Cellular, Corporate Office, 17785 Center Court Drhie N., Cerritos, stated they agree to all the conditions, inducting reducing the height of the monopole from 100 feet to 60 feet. THE PUBLIC HEARING WAS CLOSED. ACTION: Approved Negative Declaration Granted Conditional Use Permit No. 3853 VOTE: 6-0 (Commissioner Mayer absent) DISCUSSION TIME: 4 minutes Selma Mann, Deputy City Attorney, presented the 22-day appeal rights. 07/08/96 Page 32 sNettEtu CrtY PLANNING COMMISSION - SUMWIRY ACTION AGENDA JULY 8.1996 11a. CEG1A NEGATIVE DECLARATION (PREVIOUSLY APPROVED) 11b. rONDITIONAL USE PERMIT N0. 3070 (READVERTISED) OWNER: CRESCENT ASSOCIATES, A General Partnership, 301 N. Crescent Way, Anaheim, CA 92806 AGENT: LOS ANGELES CELLULAR, 17785 Center Court Drive North, Cerritos, CA 90701 LOCATION: 301 North Crescent Wav. Property is a rectangularly- shaped parcel of land consisting of approximately 1.3 acres, having a ftorrtage of approximately 160 feet on the west skJe of Crescent Way and located approximately 95 feet north of the centerline of Penhall Way. To permit additional antennas on an existing communication tower. CONDITIONAL USE PERMIT RESOLUTION NO. PC96-64 Approved Approved request for additional antennas FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: 1 person spoke in opposition APPLICANT'S STATEMENT: Leslie Daigale, LA Cellular, explained this is an existing facility; that ft is a 200-ft. high pole and is their main switch, the nerve center of their network and they are proposing additional capacity and agree with all the condftions of approval. OPPOSITION: Barbara Pierro, 310 N. Bayport Cirde, immediately west of subject property, stated she is a customer of LA cellular and believes in progress, but as a property owner immediately affected, she can look out her window and see a 200-foot high tower. Since the tower was !stalled, she has had addtional turnover of tenants in her 4unit building and has lowered rents by auwt $100 a month because ft is harder to get tenants who want to look at that tower, so it is an economical thing for her. She would like to stop anything more from going onto that property. Her tenants had to build a screen so they would not have to look at this unsightly tower. She is not asking that the 200-foot tower be removed, but ff she doesn't speak up now and this addition is allowed, there may be another 50 next year. She stated she knows there are a lot of towers east of Crescent Way but that is all surrounded by industrial and ft doesn't impact residential uses. She thought any additional towers should be located where they are near industrial uses and not reskential users. APPLICANTS RESPONSE: 07/08/96 Page 33 ANAHEIM CITY PLANNING COYIIISSION - SUTA~AARY ACTION AGENDA JULY 8,1996 Ms. DaigeJe stated this is an existing tower and ft is the main swftching station and inside there are computers and technicians soft (s not unmanned. The m(crowave dishes being added have a specific technical function and they receive point to point transmission from other facilfties and they are able to do switching at that network and that is where they need to be. She explained the Omniwhip antenna is the least of the antennas in terms of the visual Impact THE PUBLIC HEARING WAS CLOSED. Commissioner Henninger stated most of the antennas are rather high and they are right behind the building. He stated he dkl not want to indude a time Iimft. ACTION: Determined that the previously approved negative declaration is adequate to serve as the required ernironmental documentation for subject request. Granted Condftional Use Permit No. 3070, as readvertised, permitting addftional antennas on the existing communication tower. VOTE: 5-1 (Commissioner Boydstun voted no and Commissioner Mayer was absent) DISCUSSION TIME: 9 minutes Selma Mann, Deputy City Attorney, presented the 22~iay appeal rights. 07/08/96 Page 34 ANAHEIM CITY PLANNING COYIAISSION - SU1>AfiAARY ACTION AGENDA JULY 8,1996 ~. 12s. ^~^.~1 NEGATIVE DECLARATION (PREVIOUSLY APPROVED) 12b. WAIVER OF CODE REQUIREMENT 12c. ^^"'DITIONAL USE PERMIT N0. 3055 (READVERTISED) OWNER: WAYNE W. MORGENTHALER, 21709 Tahoe Lane, Lake Forest, CA 92630 AGENT: MARTIN MATIN, 511 W. Chapman Avenue, Anaheim, CA 92802 LOCATION: ~~ 1 Weat Chapman Avenue. Property is a rectangularly-shaped parcel of land consisting of approximately 1.7 acres, having a frontage of approximately 372 feet on the north side of Chapman Avenue and located approximately 290 feet east of the centerline of Harbor Boulevard. To permit sales of fast food within a previously approved convenience market wfth waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. PC96-65 Approved Approved Approved amend- ment to condtions of approval FOU.OWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None APPLICANT'S STATEMENT: Mr. Ostowari, agent, stated they are willing to accept the conditions of approval. THE PUBLIC HEARING WAS CLOSED. ACTION: Determined that the previously approved negative declaration is adequate to serve as the required environmental documentation for subject request. Approved Waiver of Code Requirement Approved Conditional Use Permft No. 3055, as readvertised. Modffied Condition No. 7 of Resolution No. PC 91-22 to read as fellows: 7. That subject property shall be developed in accordance wfth plans and specifications on file wfth the City of Anaheim marked Revision No. 1 of Exhibft No. 1 and Revision No. 2 of Exhibft No. 2; provided, however, that soft drink, dispensers, coffee pots, and heating equipment for the storage of hot food shall be limfted to the wall areas located at the southeast portion of the store as shown on submitted revised plan (Exhibft No. 2, Revision No. 2).' 07/08/96 Page 35 ANAHEUA CITY PLANNING COYIAISSaON - SUTAWIRY ACTION AGENDA JULY 5,11196 `- Added the fdlowing condition: 'That no customer seating shall be provided in the take-out food service area." VOTE: 6.0 (Commissioner Mayer absent) DISCUSSION TIME: 4 minutes Selma Mann, Deputy City Attorney, presented the 22{Jay appeal rights. 07/08/96 Page 36 ANAHEIM CITY PLANNING COMMISSION - SUYYARY ACTION AGENDA JULY 8,1996 13a. CEOA CATEGORICAL EXEMPTION -CLASS 11 13b. VARIANCE N0.4245 (READVERTISED) OWNEr~: REDONDO INVESTMENT COMPANY, P.O. Box 14478, Long Beach, CA 90803 AGENT: HARRY S. WEINROTH, P.O. Box 1566, San Juan Capistrano, CA 92693 LOCATION: R1^^ -6388 East Santa Ana Canvon Road (Anaheim Hill houofna Villagg_ Property is an irregularly-shaped parcel of land consisting of approximately 6.67 acres located at the southwest comer of Santa Ana Canyon Road and Fairmont Boulevard. Petitioner requests modiRcation or deletion of a condition of approval pertaining to the limitation of time for waiver of permitted type of shopping center identfficatlon signs in the Scenic Corridor Overiay Zone to retain two (2) freestanding monument signs. VARIANCE RESOLUTION N0. PC96-66 Concurred w/staff Approved amend- ment to conditbns of approval FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None APPLICANT'S STATEMENT: Robert Langslet, owner of Hughes Market Center, Fairmont and Santa Ana Canyon Road, explained he had requested a monument sign about two years ago and it was granted for two monument signs for t\wo years and they were told H there were no problems, they could request the signs on a permanent basis. THE PUBLIC HEARING W1S CLOSED. ACTION: Concurred with staff that the proposed project falls within the definition of Categorical Exemptions, Gass 11, as defined in the State EIR and is, therefore, categorically exempt from the requirements to prepare an EIR. Approved request. Deleted Condition No. 6 of Resdution No. 91R-59 pertaining to the limitation of i;me for waiver of permitted type of shopping canner ldentiElCatlon signs in the Scenic Corridor Overlay Zone to retain two (2) freestanding monument signs. 07/08%96 Page 37 ANAHEIM CRY PLANNING COYYISSION - SUYYARY ACTION AGENDA JULY 8,1996 VOTE: 6-0 (Commissioner Mayer absent) DISCUSSION TIME: 1 minute Selma Mann, Deputy City Attorney, presented the 22-day aPP~ rights. ., a 07/08/96 Page 38 l ANAHEIM C17Y PLANNING COYAAISSION - SUTAt+AARY ACTION AGENDA JULY 8,1996 14a. CEQA NEGATIVE DECLARATION (PREVIOUSLY APPF,'OVED) 14b. CONDITIONAL USE PERMIT N0. 3591 (READVERTISED) OWNER: COLUMBII. WEST ANAHEIM MEDICAL CENTER, Attn: Mary Herchberger, 3033 West Orange Avenue, Anaheim, CA 92804 Approved Approved amend- ment to condkions of approval LOCATION: 3033 West Orange Avenue (Columbia West Anaheim Medical Centers Property Is an irregularly-shaped parcel of land consisting of approximately 11.2 acres located at the northwest comer of Orange Avenue and Beach Boulevard. Pethioner requests to delete or amend a condition of approval pertaining to a time limitation to retain a mobile medical (MRI) trailer. CONDITIONAL USE PERMIT RESOLUTION N0. PC96-67 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None APPLICANT'S STATEMENT: David Culberson, CEO, Columbia West Anaheim Medical Center, explained they are requesting additional time to retain their mobile medical trailer for MRI because the plans for the permanent MRI have not received funding nor corporate approval at the present time. No changes have been made to the facility. THE PUBLIC HEARING WAS CLOSED. STAFF'S COMMENTS: Commissioner Henninger stated he would recommend that Condition No. 1 be deleted as recommended by staff since there have been no adverse cansequences of this use and they think it is adequately screened from view. Commissioner Messe added this MRI trailer, unlike some others, is pretty well screened. ACTION: Determined that the previously approved negative declaration is adequate to serve as the required environmental documentation for subject request. Approved request. Deleted Condition No. 1 of Resdution Nos. PC94-59 arx~ PC95-26 pertaining to a time limitation to retain a mobile medical (MRI) tra0er. 07/08/96 Page 39 ANAHEIIII CITY PLANNING COMMISSION - SUIiAMARY ACTION AGENDA JULY 8,1996 VOTE: 6-0 (Commissioner Mayer absent) DISCUSSION TIME: 3 minutes Selma Mann, Deputy City Attorney, presented the 22-day appeal rights. 07/08/96 Page 40 ANAHEIfIfl CITY PLANNING C01AlIAISSION - SUAAIIAARY ACTION AGENDA JULY 8,1996 ~. 15a. ^EtiA NEGATIVE DECLARATION Approved 15b. CONDITIONAL USE PERMIT N0.3852 I Granted OWNER: AETNA LIFE INSURANCE COMPANY, c/o Lincdn Properties, 30 Executive Park, Suite 100. Irvine, CA 92713-9693 AGENT: LINCOW PROPERTY COMPANY, 30 Executive Park, Suite 100, Irvine, CA 92713-9693 LOCATION: 1~7o Wei Coroorate Wav. Property is an irregulariy- shaped parcel of land consisting of approximately 2.83 acres, having a ftontage of approximately 67 feet on the south side of Corporate Way and located approximately 410 feet west of the centerline of Muller Street. To permit repair and service of ambulance fleets in conjunction with an ambulance service. CONDITIONAL USE PERMIT RESOLUTION NO. PC96-88 FOLLOWING IS A SUMMARY OF l'HE PLANNIN ~ %OMMISSION ACTION. OPPOSITION: None APPLICANT'S STATEMENT: Mitch Ritschel, 14 Fincus, San Clemente, agent, explained the request and stated they agree with the proposed conditions of approval; however, would propose an amendment to the condition regarding testing sirens within the building (Condition No. 10). They do not object to such a condition, but would like a modification. Wayne Harbour, Operattons Manager for Med Trans, referred to Item No. 10 of the proposal and added they would like a modification regarding repair and testing of siren equipment. THE PUBLIC HEARING WAS CLOSED. STAFF'S COMMENTS: Commissioner Bristd asked about a noise study. Sean Gerber, Assistant Planner, stated the applicant did submit a noise study which did address the operations as proposed, but did not address the testing of sirens. The sound study dki recommend some mftigation measures which were integrated Into the protect and those were listed as conditions of approval, but the sound study dkl not address the testing of the sirens. 07/08/96 Page 41 ANAIIEIY CITY PLANNING COYYISSION - SUYfW1RY ACTION AGENDA JULY 13,191if3 Commissioner Messe noted testing sirens would be rather staggering. Mr. Harbour stated he though the output of the siren was 90 decibels. Commissioner Messe though we would need a modffigtlon of the sound study and he did not feel very good about testing the sirens. Mr. Harbour explained they could dose the doors. He stated they only test the sirens when they fail and he has only known a siren to fail twice in his entire career. He stated they would test a siren ftom 3 to 5 minutes. Mr. Gerber stated they merttioned in the IDC meeting that when they test the sirens, they muffle them, so ff the noise level was kept at 65 decibels at the property line, they would meet the code. Commissioner Bostwick stated ff they test them inside with the doors dosed during the day, he did not think K would be a serious problem. Commissioner Henninger suggested siren testing be limited to once a month for no more than 10 minutes, and they must meet the Code requirements of no more than fi5 decibels at the property line. Commissioner Messe suggested'. at Code Enforcement go out when they test the siren wfth a meter the first time they have to test one or they could set up a test now. Commissioner Henninger suggested an amendmntmentC rior do an of stino lof se ns wfth Code condition that says that they will set up an appo P Y 9 Enforcement (and will pay for the inspection) and they will dose the doors and muffle the equipment as they would under normal testing procedures and Cod a Enf ~ ~ e ns do be moret the sound is no more than allowed by City Codes at the property PPe they will have to figure out some additional muffling. If it is within Code levels, then they would be permitted to test sirens not more than once a month for ten minutes under the same operating conditions used to verify that the testing met the Code. ACTION: Approved Crrgative Declaration Granted Conditional Use Permit No. 3852 wfth the following changes to conditions: Modffied Condition No. 10 to read as follows: 10. That prior to conducting any siren testing, the applicant shall request and pay for a Code Enforcement inspection to verify that the sound levels produced by such testing meet City Code. Once the sound is brought down to the required level, siren testing shall be permitted once a month for a maximum of ten minutes. VOTE: 6-0 (Commissioner Mayer absent) DISCUSSION TIME: 10 minutes Selma Mann, Deputy City Attorney, presented the 22~ay appeal rights. 07/08/96 Page 42 t ) f. i ~. ANAHEIIIA CITY PLANNING COYIIAISSION - SUNIAAARY ACTION AGENDA JULY 8,1996 16a. CEOA NEGATIVE DECLARATION 16b. WAIVER OF CODE REQUIREMENT 16c. CONDITIONAL USE PERMIT N0.3854 Continued to August 5, 1996 OWNER: RHRHM INC., 1717 S. Chestnut Avenue, Fresno, CA 93702 AGENT: REVEREND JOSEPH P. SONG, 8451 Larson Street, #2, Garden Grove, CA 92644 MIKE BRINKMAN, c/o COASTLINE REALTY OF NEWPORT, 2744 E. Pacffic Coast Highway, #84, Corona Del Mar, CA 92625. LOCATION: 2283 West Lincoln Avenue. Property is a rectangularly-shaped parcel of land consisting of approximately 0.41 acres, having a frorrtage of approximately 80 feet on the north side of Lincoln Avenue and located approximately 195 feet west of the centerline of Monterey Street. To permft a church in an existing office complex wfth waivers of minimum setback for institutional uses abutting a residential zone boundary and minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION N0. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Continued subject request to the August 5, 1996 Planning Commission meeting in order for the applicant to complete the required parking demand study for waiver of minimum parking requirements. VOTE: 6-0 (Commissioner Mayer absent) DISCUSSION TiME: This ftem was not discussed. 07/08/96 Page 43 ANAHEiIA CI'iY PLANNING COIA~AISSION - SUYYARY ACTION AGENDA JULY 8,1996 Continued to 17a. ^"TECnRICAL EXEMPTION - CLA 1 _ Juty 22, 1996 17b. TENTATIVE PARCEL MAP NO.96-1~2 OWNER: JOANN HARPER, TRUSTEE OF LAMPH TRUST, ?2480 VUlageway DrNe, Canyon Lake, CA 92387 AGENT: GROWTH MANAGEMENT, Attn: Shane Shaw, 12362 Beach Boulevard, #110, Stanton, CA 90680 LOCATION: TpmA=~~r .,'_"el Mau No >~8-132 (Parcel Nos. 1 thr h 4 . Property is an irregularly shaped parcel of land consisting of approximately 3.28 acres located at tha terminus of Vista Del Sd, having a frontage of approximately 50 feet on the south skle of Vista Del Sd, having a maximum depth of approximately 424 feet and being located approximately 1500 feet east of the centerline of Country HUI Road. To establish a 3 lot single-family subdNision for custom homes. This item was continued ftom the Zoning Administrator meeting of June 20, 1996 and referred to the Planning Commission. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACT10N. OPPOSITION: 1 person spoke with concerns APPLICANT'S STATEMENT: Shane Shaw, Engineer, 12362 Beach Blvd., Stanton, CA, stated they will comply with the condftions, except No. 1 which requires that they construct and improve Country Hill to 40 feet wkle, on the existing egress/ingress easement to the property. That is not wfthin their property and belongs to the adjacent property owner. The slope is very steep and the cost of construction of that street would be tremendous. He explained there is a typing error on Page 1, Sfte Location and Description, in that ft is Indicated on the staff report that subject property is irregularly-shaped and that ft is rectangularly shaped, as shown on the plan. It said approximately 3.28 acres, and ft is only 1.505 acres. Melanie Adams stated the map shown wfth the staff report is incorrect. Commissioner Messe asked what parcel was advertised. Greg Hastings, Zoning Division Manager. responded ft appears that the parcel shown is actually larger than ft should be. He thought staff was dealing wfth this as part of a lot line adjustment so the advertisement just covered too much area, but legally, ft is acceptable. 07/08/96 Page 44 ANAHEIM CI'~Y PLANNING COMMISSION - SUMMARY ACTION AGENDA JULY 8,1996 -- Mr. Shaw stated the site is 1.505 acres In size and that 40 foot easement road which has been requested as a conditi andft~ dogestnotabelong to tthem andathey would request that condition be comer of the property waived. Also, there is a request for curb and gutter for that street, and none of the street in that area has curb and gutter and other property recently developed in that area has no curb and gutter. They will be happy to construct a berm and match what is existing. Mr. Shaw referred to a requested condiion that they install a loop water line. Commissioner Henninger asked how this property relates to the other tract. Melanie Adams darieed that is the tract formerly owned by Mr. and Mrs. Weins. This applicant is proposing access through Vista del Sd coming through the former Weins' property. Commissioner Henninger asked if the conditions mentioned are for the Improvements to Vista del Sd. Ms. Adams responded that would be to Country Hill Road. She explained in 1991 Mrs. Harper subdNided approximately 4.85 acres, and in doing so, her property does touch Country Hill Road and it indudes this portion. That map had on it, as a recorded condition, on the face of the map, gluing notice to future property owners, that the first property to develop within her entire development would have to do these public improvements. Now they are proposing different things, and a different access, but h is already a recorded requirement on the property. Any changes to that would require that something special be done, some constructive notice to other future property owners. She pointed tt out on the recorded parcel map. Mr. Shaw stated the easement stops just before their property. The Commissioners reviewed the recorded parcel map with Ms. Adams. Commissioner Henninger asked how the Commission would go about changing the recorded requirements on the parcel map. Selma Mann responded she would have do some research Into that matter. Commissioner Messe stated there are also some unresdved questions with regard to the loop water system, etc. He added thought there is a necessity for a continuance. OPPOSITION: Steve Cooper, 341 Coyote Lane, stated 3 or 4 years ago when this was first started, Weins wanted 22 homes and the Planning Commission changed ft to 13 and at that time that land was always available and he recalled there was a move to add that onto the road, Vista del Sd, and the neighbors strongly opposed that because of the traffic problem. The only way they could have gotten access to that property was via Country Hill. He thought maybe the requirements were put in then because of that access. Ha thought they have now gotten approval from the 07/08/96 Page 45 JULY 8,1996 ANAHEIIIA CITY PLANNING COIIAIIAISSION - SUM~Y ACiION AGENDA neighbors to have access to the property through Vista del Sd, so it is a completely dffferent situation. The Commission really has to evaluate a lot of changed conditions. Mr. Cooper stated one of the big problems they had was water coming through their backyard, that the water drains through a culvert which comes through his backyard and that comes off Weins' property. There were many meetings with engineering and ff there was going to be any more water coming through their property than they had experienced before, they were supposed to come back and the first year after that, they had a terrible storm, so they came back and they tried to fix ft wfth more rocks, and the second Year it rained again and it was a terrible rainstorm and they were flooded the second year a row. They came back and this is where they are now, the three additional lots to be developed will add addtional water coming through his back yard which completely erodes the land and overjumps the brook, etc. He stated he has met with Reza and he has presented a proposal to them today which they and based on what they have talked about today,, it seems to be ahworkable dealthe prop9rty T:-: PUBLIC HEARING WAS CLOSED. STAFF'S COMMENTS: Commissioner Henninger asked what the proposal was, and Mr. Shaw stated they recently took over the engineering of this project and realize that the ri has not been constructed thew ayfft is of the storm drain pipe that enters Mr. Cooper's property supposed to be constructed so they will go back aril build it per plans and satisfy the hydrdogy study that has been approved by the C'dy. He stated he will share his ir~ormation with Mr. Cooper's engineer and give Mr. Cooper a comfort level that everything is in contrd. Commissiorn .r ~'snninger asked !f the problem has been that there has been no suftable inlet. Mr. Shaw stated to the best of his recollection, he had no knowledge of that problem. They just signed the contract yesterday. Mr. Cooper stated based on what they have, t'ey K ~ ~ o~eltlio~ ~~RQ new homesnsortheyt they get a copy of the grading and hydrdogy epo qn see the amount of extra water, and a detaUed plan shm y9~M ohmake sips thatiany do through *.he rip-rap pad and also through their property. approval be noted in the record as a condition of approval subject to his compliance with all the things he saki he was going to do and that he (s not gNen any building permits to start work untA every~hing has been worked out and is complete. Commissioner Henninger asked i` a four-week continuance would be acceptable. Melanie Adams responded staff would need at least four weeks in order to review everything. Mr. Shaw asked for a two-week continuance aril Melanie Adams stated they would need to have their analysis complete for the Zoning staff by Friday. 07/08/96 Page 46 JULY 8,1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA Jonathan Borrego stated staff would neod definitive answers on all the issues by next Thursday when the staff reports would be ftnallzed. Commissioner Henninger stated ff all the issues are not resolved, the matter can be continued again. ACTION: Continued sub)ect request for the applicant to meet with staff. VOTE: 6-0 (Commissioner Mayer absent) DISCUSSION TIME: 22 minutes ADJOURNMENT: ADJOURN TO MONDAY, JULY 22, 1996 AT 10:30 AM. Adjourned at FOR A PLANNING COMMISSION WORKSHOP 5:15 p.m. PERTAINING TO FLAGS, PENNANTS, BANNERS AND SIGNS IN MULTI-FAMILY ZONES. Respectfully submitted, Elly Fernandes, Senior Word Processing Operator Planning Department 07/08/96 Page 47 ~~ ,; .