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Minutes-PC 1996/07/22
SUMMARY ACTION AGENDA ANAHEIM CfTY PLANNING COMMISSION MEETING ~IIONDAY, JULY 22, 1996 PRELIMINARY PLAN REVIEW: 10:30 A.M. PUBLIC HEARING (TESTIMONY): 1:30 P.M. COMMISSIONERS PRESENT: BOSTWICK BOYDSTUN, BRISTOL, HENNINGER, ME~SE, PERAZA COMMISSIONERS ABSENT: MAYER STAFF PRESENT: Selma Mann Eleanor Egan Mary McCloskey Greg Hastings Jonathan Borrego Greg McCafferty Richard LaRochelle Richard Bruckner Alfred Yalda Melanie Adams Tom Engle Margarita Sdorio Usseth Garcia Deputy City Attomey Sr. Assistant City Attomey Deputy Planning Director Zoning C'~~isfon Manager Senior Planner Associate Planner Code Enforcement Supervisor Redev./Economic Develop. Mgr. Principal Transportation Planner Associate Civil Engineer Vice Detail Senior Secretary .assistant Clerk M~~60722.WP ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACT10N AGENDA JULY 22, 1998 `-- APPROVAL OF THE FOLLOWING: > SUMMARY ACTION AGENDA FOR THE PLANNING COMMISSION Approved MEETING OF MAY 29, 1996 > ACTION AGENDA FOR THE PLANNING COMMISSION MEETING OF Approved A1AY 30, 1996, AS CORRECTED > SUMMARY ACTION AGENDA FOR THE PLANNING COMMISSION ApprcNed MEETING OF JUNE 10, 1996 1996/97 ELECTION OF CHAIRMAN Elected Robert Messe 1996/97 CHAIRMAN PRO TEMPORE Elected Paul Bostwick 07-22-96 Page 2 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA JULY 22,1996 1. REPORTS AND RECOMMENDATIONS: A, CONDRIONAL USE PERMIT NO 3779 - REDDEST FOR REVIEW Approved for 5 AND APPROVAL OF SIGN PLANS: James Abernathy, 5800 W. Years with the Century Blvd , X90855, Los Angeles, CA 90009.90855, requests understanding that review and approval of sign plans for Conditional Use Permit No. the existing 3779 (to permR aself-storage fadlRy with accessory outdoor storage monopde shall be with waivers of maximum fence height, minimum number of parking removed spaces and setb°: ': adJacent to any residential zone). Property is ~ Ro expire 7/22/01) located at 174 ..hest Katella Avenue. This Rem was corrtinued from the Planning Commission meeting of July 8, 1996. A T'1 N• Commissioner Bostw(ck offered a motion, seconded by Commissioner Bristd and MOTION CARRIED (Commissioner Mayer absent) that the Anaheim CRy Planning Commission does hereby approve a 160-square foot, 45-foot high pde sign as proposed at the comer of Humor DrNe and ICatella Avenue for five (5) years with the understanding that the existing monopole sign shall be removed. Ron Price, agent, stated that the ovmer was not able to be present today. They have read the staff report and disagree that the sign is visible at 35 feet high. They dkl a site test with balloons and submRted photographs which irxi(cate that the balloons are only visible in two photographs taken from the left lane. He explained the balloons are at 45 feet high. They took the pictures at the easterly property line but not f~~rther ~aast. He explained the sign at that location at 35 feet high would be of no help for the westerly traffic. He stated in the prevkws Planning submittal, they had approval for wall signs and the wall signs do not appear in this submRtal. If the Planning Commission is not willing to conskler the 45-foot high pde sign, they would like to have those wail signs induded (n this approval. Greg Hastings, Zoning Division Manager, stated the variance for the previous sign entitlement would be the variance that would be necessary to approve this sign at this location for any height above 25 feet, so if the Commission approves any sign at 25 feet or higher anywhere on the property and if the Planning Commission determines that a sign at lower than 25 feet would be suifk:leM, then that variance should be terminated. Mr. Hastings stated the signs cotdd go on the skle of the buNding by right unless the Commission r^~dRions the apprrn~al. 07-22-9fi Page 3 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA JULY 22, 1996 Chairman Masse stated ff the requested sign at the comer of the lot at either 35 feet or 45 feet was allowed, the other pile would have to be removed. Greg Fi.:stings stated the variance only allows one polo sign on the property Mr. Price stated he was unaware of that requirement and thought Mr. Abernathy was trying to secure a vendor for that pile sign. Mr. Price stated he though everybody understood that the pole was higher than 45 feet and when tested, found h was doser to 70 feet high and when they tested K at 45 feet, K coed not be seen from Katella. Commisskxier eoydstun asked ff they would be willing to take the other pile sign down ff this was allowed. Mr. Price answered he would not want to answer for Mr. Abernathy. Chairman Masse asked ff he could see the sign at 35 feet ff he was entering the Intersection at Katulla and Eudkf going west? Mr. Price stated he had not done that test but did not think the while sign could be seen and that he would only see hall of the diagonal. Commissioner Boydstun indir.~+.ted ff the trees continue to flourish that the 45 feet would be needed, but only one pile is accepted. Mr. Price stated that the trees are still growing and there is no intent to cut them down. Chairman Masse indicated the trees may be at maturity now and may not grow any more. Chairman Masse asked the applicant ff he woulrl like the Commission to vote on the request today or would he request a continuance so Mr. Abernathy could address some of the issues? Mr. Price responded he would like action taken on the request today. Commisskmer Peraza suggested a time limit be placed, so ff the trees do come down that the sign would also come down. 07-22-96 Page 4 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTIO/~ AGENDA JULY 22, 1996 ~. B. CONDRIONAL USE PERMR N0.3662 -REQUEST FORA Continued to RETROACTIVE EXTENSION OF TIME: Doug Browne, P. 0. Box August 5, 1996 18021, Anaheim. CA 92817, requests a retroactive extension of time for Conditional Use Permit No. 3862 (to perrnR a private educational facNity and church within a commercial reta8 center) to expire on August 8, 1997. This petition was originally approved on August 8, 1994. Property is located at 6250 E. Santa Ana Canyon Raad. Greg Hastings, Zoning Division Manager. He stated a two-week continuance would be requested since the appik~nt was not able to be present today. C. REQUEST FOR DETERMINATION OF CONFORMANCE WITH THE GENERAL PLAN: County of Orange, General Services Agency, Attn: Caroke Condon, 14 Civic Center Plaza, Third Floor, Santa Ana, GA 92701, requests determination of conformance wfth the General Plan for the lease of space for the County of Orange Commissary Operatkxu and Food Service Limits. Properties are located at 1985 South Santa Cruz Street, 1400 East Cerritos Avenue and 1346 South Claudine Street. ,ACTION: Commissbner Boydstun offered a motion, seconded by Commissioner Bostwk;k and MOTION CARRIED (Commissioner Mayer absent), that the Anaheim City Planning Commission does hereby determine that the County's lease of office/warehouse space at each of the three alternate locations for its commissary operations and food service units is in conformance with the Anaheim General Plan. Determined to be in conformance with the General Plan 07-22-96 Page 5 euewFru rrrv PLaNNING COMMISSION - SUMMARY ACTION AGENDA JULY 22, 1996 ~% A TI : Commisskxrer Bostwkk offered a motion, seconded by Commissioner Soydstun and MOTION CARRIED that the Anaheim City Planning Commission does hereby concur with stall! that subject request is exempt from CEQA. Commissioner Bostwkk offered a motion, seconded by Commissioner Boydstun and MOTION CARRIED (Commfsskx>ar Mayer absent) that the Anaheim City Planning Commisskxr does hereby recommend to the City Council the adoption of the draft Ordir~nce attached to the July 22, 1996 staff report. Chairman Masse requested that staff re-examine the list of inactive condfUonal use permits to make sure those churches are no longer in existence. p, a, rFO.s EXEMPTION SECTION 15061 Ib) (31(31 Concurred w/staff b. BODE AMENDMENT N0.96.15: City initiated, Planning Department, Recommended 200 S. Anaheim Boulevard, Anaheim, CA 9.2803, requests adoption of the consideratbn of Code Amendment No. 96-15 pertaining to the ordinance to City deletion of a Ume limitation for churches in the SP941 (Northeast Counc(I Area Specific Plan). Greg Hastings, Zoning Division Manager. He stated that the subject request woukf eliminate the limitation in the Specific Plan Area which currently limits churches to three, 3-year time periods for a total of nine years. However, they can still be conditioned as they come forward if the Commission feels they ~~ should have restr(ctions on the time, depending upo-~ the situatbns. Chairman Masse asked M the request (s approved that churches in the Industrial area would come to the Commission as a matter o; a conditional use permit? Greg Hastings respondAd "that's correct'. Richard Bruckner, Redevelopment/Economic Development Manager. He added that they are fully supportive of the recommendation. Chairman Masse asked for clarification relative to the CUP's that are expired. Mr. Hastings stated it's his understanding from the list in the staff report that the ones that indicate expired are no longer (n existence. Chairman Masse asked what would happen if one of the churches was still being used and had previously expired? Selma Mann, Deputy City Attorney. She stated there's an existing conditional use permit on the property that has a Ume limitation, the time limitatkm has expired. in order to change anything on that conditional use permit they would need to came back before the Commission for a public hearing. So that the Commission could take a look zt it again and determine ff K was appropriate to have a CUP for a church in the first place and if that's the case, whether or not to impose the time Ilmltatbn but it would be at the Planning Commission's discretion. 07-22-96 Page 6 JULY 22, 1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA Chaimnan Meese stated M the subject request is approved today that he would ask staff to re-examine the list of irracWe CUP's. roved final E , ...,~n~w~ ucF aEat1R NO 36'5 REQUEST FOB AND APP an as City initiated landscape pl App VA F EVI D F L LA D AP revised at the (Community Development Department), 200 S. Ana ~imeva~ •, meeting Anaheim, CA 92805, requests review and aPP~ landscape plans for Conditional Use Permit No. 3695 (to perrnft an k;e skating rink including an amusement n~ofdbeer and wine with waNers of with on premise sale and consu ~ minimum layout and design of mirnmum number of parking spa r ulred parking lot landscaping, and parking and veh(cular accessways, etl is located at 300 West definition of enclosed restaurant). Property Uncdn Avenue. ACnpN: Commissioner Bostwick offered a motion, seconded by Commissioner Henninger and MOTION CARRIED (Commissioner Mayer absent) that the Anaheim City Plaanisub ecmtoltheofdlowingereby approve the revised landscape pl J The berm shall be a minimum of three (3) feet high along the north skle of the building. That planting materials shall be a minimum of two (2) feet high. The temporary chain link fence shall be replaced with a permanent wrought Iron fence treated or painted to match the galvanized metal finish on the extarior bugding walls on or before July 22, 1997• Greg Hastings, Zoning Division Manager. He indicated that the applicant will not be present for the subject item, therefore, Richard Bruckner wNl be representing the applicant. Richard Bruckner, Redevelopment/Economic Development Manager. He indi Heestated what thereswas confusion on the applicant's Part and the applk~nt wNl not be present today. some concern wfth regard to the planting in and around the Disnee ak~evlf sad a~ t ~ ~a ncTolhre and Clementine. In response to that, staff asked the owner to preps they asked them to address five Lincdn applicant has done that and through the revisedna and d~dftlonal screening for the buNding. The edge of the property to provide additional berm 9 applicant then proposed adding additional palm trees as well as removing the ground cover that's there and replacing ft wfth ground cover which will provide some cdor. Staff also asked them to remove the fountain grass fromothe least ~~ ~ gr~ouNnd coves wh ch wi0 now nearing completion. The applk:aM has proposed put provide cdor rather than the fountain grass. They wNl also be install(ng additional lighting to highlight the building fn the evening. Hi ~ ~ all a propeos~ejd co dN one that staff hasreciommended. he stated that the applicant Ls sa 07-22-96 Page 7 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA JULY 22, 1996 He also indk;ated that the applk:ant wNl be raising the berth on the Uncdn edge of the site, there is a bean whk;fr is approximately 3 feet on the west skle of the property at Uncdn and tapers down to almost zero on the gemerrtlne skle. The berm wAl be buAt up and planted with palm trees and ground cover. The ground cover should grow to approximately 2K feet to provkle screening to the servicing area. Chairman Masse stated the berthing Issue is not very specffic as lt says they're going to use the soil that they obtained from removal of the base of the palm trees'. He stated he's not comfortable with the language and he would like to know how high the berm wql be and maybe they will have to inport soA. Commissioner Henninger asked ff Mr. Bruckner was authorized to negotiate with the Commission on changes to these plans. Mr. Bruckner stated he was not authorized to negotiate changes to these plans, but that he dkl discuss the fence with the applicant and that he actually visited at the fence and although lt is chain link and temporary in nature, he though they had done a good job with the installation aril they dkf provide fabric over that fence. He stated this is a temporary installatbn and they were not comfortable wlth the wrought iron. He though ff the Commissk~n imposes wrought iron as a condition, they would either accept lt or appeal that decision. Chalmian Masse asked how long he thought this would be temporary and Mr. Bruckner stated he could not glue a deflnlte answer when the parking structure would be build aril lt could be several years. Chairman Masse clarified that ff the Commission impos6d a time limit on the temporary fence, the applicant would have to come back for an extension ff they were not ready to go forward with the construction. Mr. Bruckner responded to Chairman Masse that the berm appears to be 3 feet high and he would be able to commit that lt would be a 3-foot high berm on the north sloe of the building adjacent to the building with the planting materials above lt which would be about 2 feet high and that would screen cars and loading in that rear area adjacent to the perking area and added lt does taper to '0' at the comers and thought there were probably some sight Tine consklerations right at the comer. Commissioner Peraza asked what would be consklered an appropriate time Iimlt for the temporary fence. Mr. Bruckner responded he though ff there were no plans wlthin 1-1 /2 years, they should come back and review lt with the Planning Commission. He added the chain I(nk fence that has been installed appears to be painted dark green and has a fabric over lt and lt appears to be very well maintained. He thought they would be comfortable with 1-t/2 years time Iimft, then lt could be reviewed and the fence could be inspected at that time. Commissbner Bostwick pointed out the plans shah a 2'-6' berm and 1 to 1' in other places. Mr. Bruckner responded he was at the site earlier and they have removed the fountain grass and the berth looks like lt is almost 3 feet high. Commissioner Henninger stated the plants shown on top of the berm are low ground cover and they are not 2-foot high plants and that is a big difference. Mr. Bruckner stated the landscape archltect indicates that the 'clarissa' they are going to plant there wilt achieve 30' in height when lt is mature. 07-22-96 Page 8 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA JULY 22, 1996 Commissioner Boydstun stated the plans show they are planting 'ke plant" and Commissioner Bostwick •' darffied R indkates 'raspbery ke' and 'purple flax' and the purple flax is grouped together in dumps, one at the comer and one in the mkidle of the buNding and the rest is called 'raspbeny ke' which is a ground cover. Mr. Bruckner stated the raspberry ice is the darlssa whkh reaches about 30' and the purple flax reaches about 40'. Chairman Meese pointed out that the plans show the berm as 1 to 2 feet h(gh and Mr. Bruckner stated he thought that is as existing today and in looking at the site rinht now, it is much higher. Chairman Meese stated the drawing has the landscape berm ± 1 to 2 feet high utilizing tree excavation soils and that is what they are requesting be approved. Mr. f3ruc'icner stated the Commission could add a condtoion requiring that the berm be 3 feet high, and they w~~i abkle by that requirement. Commisskx~er Henninger added the condition could be to require a y-foot high minimum berm with 2 foot high planting materials, except where visibility is required for circulation. Commissioner Bostwick stated he thought there should ~~ a dark cdor wrought Iron fence rather than the temporary fencing. Commissioner Henninger asked ff the Commission could live witl~ the existing temporary fence for 18 months and Commissioner Bostwick stated he thought it would improve the look of the entryway into the Chric Center area to have the wrought iron fencing and he thought they will want that anyway to rotect the cars, etc. Mr. Bruckner asked ff they are taking about the frontage on Uncdn only and Commissio whe eostwick stated he was referring to the Lincdn skJe as well as down the west skJe of the Iroperty Y have the existing temporary fence. Mr. Bruckner stated that west skle is not as visible as the Lincoln frontage. Commissoner Bostwick stated he thought ff they are going to put i< along Uncoln, they should go down the west skle of the property so it would look finished. ACTION: Commissbner Bostw~k offered a motion, seconded by Commissioner Henninger and MOTION CARRIED (Commissioner Mayer absent) that the Anaheim City Planning Commission does hereby approve the revised landscape plans, subject to changes that the berm shall be a minimum of 3 feet high on the Uncdn skle of the property and that the planting materials shall be a minimum of 2 feet high at maturity and that the temporary chainlink fence shall be replaced with a wrought iron fence, painted dark green. 07-22-96 Paae 9 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA JULY 22, 1996 ~: p, ~~cnr rmot~ INITLeTING AMENDMENT N0.3 TO THE Initiated Amendment DISNt'YLAND RESORT SPECIFlC PLAN NO.92-1 (Resdution No. 3 to Specifio required): Request for Planning Commission to initiate Amendment No. Pian No. 92-1 3 to The Disneyland Resort Specific Plan No. 92-1 for those portions of the Specific Plan Area not under the ownership of the Waft Disney Company. RESOLUTION N0. PC96-69 Mary Mcgoskey, Deputy Planning Director. She stated the request is to initiate Amendment No. 3 to the Disneyland Resort Specific Plan 92-1 for those portions of the area not under the control of the Walt Disney Company. The Waft Disney Company is in the process of submitting an application for the balance of their Specific Plan Area for the properties that are under their ownership. She indicated that staff is supportive of the subject action and that ft wql provide for a comprehensive look at the entire Specific Plan Area at an upcoming Planning Commission meeting. She explained that the process taken today is the same process that was used wfth the inftial Specific Plan approval where the Commission initiated the Specific Plan for the properties that were not under the ownership of Waft Disney Company. 07-22-96 Page 10 JULY 22, 1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA ~ PUBLI HEARING ITEMS ~_. 2a. CEOA CATEGOPrrAL EXEMPTION - CLA 15 Concurted w/staff 2b. TENTATNE PARCEL MAP N0.96-132 Approved OWNER: JOANN HARPER, TRUSTEE OF LAMPH TRUST, 22480 VUlageway DrNe, Canyon Lake, CA 92387 AGENT: GROWTH MANAGEMENT, Attn: Shane Shaw, 12362 Beach Boulevard, X110, Stanton, CA 90680 LOCATION: T~^r~tive Parcel Mae No ~f~3_? (Parcel Nos 1 thr h .Property (s arectangularly-shaped parcel of land consisting of approximately 1.51 acres located at the terminus of Vista Del Sd, having a ftontage of approximately 50 feet on the south sloe of Vista Del Sd, having a maximum depth of approximately 424 feet and being located approximately 1500 feet east of the centerline of Country Hill Road. To establish a 3 lot single-family subdNisinn for custom homes. This item was continued ftom the Zoning Administrator meeting of June 20, 1996 and referted to the Planning Commission. It was then continued ftom the Planning Commission meeting of July 8, 1996. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: 1 person spoke APPLICANT'S STATEMENT: Shane Shaw, Growth Management Company, 12362 Tteach Boulevard, Suite 110, Stanton, CA 90680. He stated that they agree with the conditions and Tindings with the exception of Item No. 14. He explained that Cour.'y Hill Road is approximately 1,500 feet east of their project It woukJ be a hardship for them since it's not even adjacent to their project, therefore he requested that the Commission waive Condition No. 14. Resah Dadashi, Boulevard Development, 856 N. Commerce, Orange, CA 92667. He spoke relaWe to Condition No. 14 and asked the Commission to let ihem improve their portion, but they don't want to be burdened by other people's improvements. He spoke relative to Condition No. 14-2 and he stated financially it would be impossible for them to obtain the lots and do the requested improvements. They have offered to continue the 8-Inch line ftom termination of the Vista Dei Sd all the way up to the back of their property towards the easement where Mr. Bowman wants to continue the water and make the loop. He reiterated 07.22-96 Page 11 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA JULY 22, 1996 they would put the S-inch line within their lot and then stop it at the back end of their property Ilne. He added in the future when the other homeowners Improve their parcels they could then take the line and finish it. Chaimtan Masse asked N there's a line tY~at comes up Vista Del Sd? Mr. Dadashi responded yes', there is a line that comes up Vista Del Sd and K terminates at the end of Vista Del Sd to the end of Parcel 3. He reiterated they can take it from that point and bring R down to their back property line on Parcel 3. Bruce Bowman, Civil Engineer, Water Utility. He stated that Condition No. 14-2 is a condition that was on the parcel originally before k was spilt, ft goes back to Parcel Map f38-290. The condition is to provide a loop water main between Vista Del Sol and Country Hill Road and stated that presently, Country Hill Road is a dead end main. He explained that the water loop will benefit ail the parcels in the subject area which consists of approximately eight parcels. One is currently occupied and Is served by a temporary water main that goes across the propose Parcels 1, 2 and 3. Chairman Masse asked if the temporary water main would be eliminated N the shorter t3-inch pipe was installed? A9;: Bowman responded ft would have to be re-routed to clear the parcels, but if the proposed loop system goes in it would be served ftom the loop main. Ralph Leskat, agent for the owner JoAnn Harper . He spoke relative to the water line servicing the Mark Lamph's property/Parcel 2, Parcel Map 88-290. He stated K has been planned to take out the water meter and place the water meter in the roadway at Country Hill Road, at the end of the existing 8-inch line. Along with installing a 2•inch meter and hooking up a proper line ftom that meter going up to Mark lamph's property/Parcel 2. He stated he has provided to the City signed by JoAnn Harper a statement indicating that she or anyone who may purchase and subdivide her other two parcels (Parcel 1 and 3 of 88-290) that at that point in time the water line will be completed and hooked up. He stated they're asking the Commission to allow them to waiver the new Parcel 1, 2 and 3 or the old Parcel 4 of 88-290 as ft's redrawn from having the subject condition attached to it. Steve Cooper, 341 S. Coyote, Anaheim. He stated he was before the Cou the arevroval ofd complained about the water coming through their backyard. They oppose pp Tentative Parcel Map No. 96-132 and their objection will be withdrawn,~nly if the written record reflects the fdlowing conditions of approval: a. The owners and developers shall provide them with hydrdogy reports and calculations, the grading plans, and detaTi~ad plans of the rock and slurry conduit to be constructed across their property. b. The owners and developers shall reconstruct the rip rap pad which terminates at their property line so that it's per plan because there is some consideration now that it's not per-planned. 07-22-96 Page 12 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA JULY 22, 1896 He stated that the above conditions shall be conditions precedent to the issuance of any bu8ding permits. He refterated that no building permits are to be issued unt~1 t~ owners and/or developers are in compliance with the above-mentioned condftions. He then submitted a. letter of their objection to the Commissk~n. Mr. Shaw stated they wNl be happy to partk:ipate in the cost for the water Improvements ff they could set up an assessment and have all the parties for the entire parcel participate. He stated they bough the property for less than $100,000 and that ff they spend $150,OJ0 on the water improvements that K would create a hardship for them. He asked that the condition be waived or ff a condition could be created that states that they will comply •,vith the conditlon when all the other interested parties participate. THE PUBLIC HEARING WAS CLOSED. STAFFS COMMENTS: Mr. Bowman stated that the pressure regulator station has previously been complete., and should be stricken ftom the requirement. Commissioner Henninger asked staff to address the drainage problem issue. Melanie Adams, Associate Civq Engineer. She stated that Mr. Cooper has had on-going problems stemming from Tract Map No. 14185 and that the items have been reviewed through a series of meetings with the Deputy City Attorney. She explained that Mr. Cooper has met with prvate parties in trying to resolve the problems and she suggested that he continue working _ with the private parties and not to rely on the conditions of the map because sometimes the maps don't go forward. She reiterated that she urges for Mr. Cooper to keep working independently in bringing the property owner into, compliance as quicldy as possible. She stated any future grading on the property would be conditioned upon obtaining a permR ftom the City Engineer and having additional drainage studies submitted and approved at that time. Further discussion fdlowFd between Melanie Adams and Planning Commissbners relat(ve to the water improvements. Chairman Masse asked ff staff could address the public street improvements. Mrs. Adams stated that they would be speaking of only the portion of Country Fi~l Road currently ftonting Parcel 1 of Parcel Map SS-290 and that would bring it to the public street standards established for :he Muller Drive area. She stated she believes it would be Public Works Standard Nr,. 116 which cai,s for a modified street improvement for either a berm ur a wkJe gutter in tlv, area. Chairman Masse asked ff ft would be a black top berm? Mrs. Adams responded yes", or h could be s concrete gutter to keep -he drainage within the publk: street and bring R down to an area to hook Into the storm drain system. Commissbner Bristd asked how many foal are you talking about? 07-22-96 Page 13 JULY 22, 1996 ANAHEIM CITY PLANNING COGIMISSION - Si1MMARY ACTION AGENDA Mrs. Adams responded that ft's approximately 210 feet of ftontage. Commisskxrer Bristd stated that the staff report indk;ates relative to ingress and egress that you don't have all the rights to Vista del Sd. Mr. Shaw Indicated that ingress and egress will be from Vista del Sd. Commisskx~er Bristd indicated that the ovmers aren't gc... ~ ~o benefft by increasing the ;Ins and making a loop. He asked ff the water main Is up to the three (3) lots off Vista del Sd ff ft would impa~;t the same people. Mr. Shaw stated that adding the three (3) lots will not make too much affect, but having a loop system is an excellent way to keep the resklual pressure throughout the line. Therefore, eventually ft's a good idea, but at the present time having three (3) lots improved by existing S-inch ilne that's existed in the Vista del Sd would be sufficient to serve the three (3) lots. Commissioner Bristd indicated he's cancemed about the peoe ~ ~ ff he INed on Vista del Sd what they may say relative to the water main and the loop. that he would want the best water pressure possible and if anything is going to impact that that he would be here talking about the loop. Mrs. Adams indicated that she understands Commissioner Bristd's point that the neighbors on th~may wantto have tihe~benetft of a loop system~Therebyrtihaving the additional iwaterhange pressure in their area balanced. tak ng a~water Me froim Country HiIliRoad up and he asked ifhft rwas i Wended for ft or~ining to connected to the Ifne on Vista del Sd. Mr. Bowman responded at the time the condition was originally proposed that there was another water main over on an adjacent street (the tract above was not developed back in 1988), so the condition was up to proposed Lot No. 1 in the existing 40-foot easement. The intent was to loop the systems, but the tract on Vista del Sd was not created. ACTION: Concurred with staff that the proposed protect falls within the deflnftion of Categorical Exemptions, Bass 15, as defined in the State EIR and is, therefore, categorically exempt ftom the requirements to prepare an EIR. Approved TentatNe Parce~' Map No. 96-132 with the fdlowing changes to conditions: Modified Condition Nos. 14 and 15 to read as fdlows 1 A. Concurrent wfth the recordation of the final parcel map, A revised improvement certificate shall be recorded against Parcel 1 of Parcel Map 88-290, Lot 2 of Lot Line AdJustmeM 358 and Parcels 1, 2 and 3 of Parcel Map 9fi-132. The certificate shall acknowledge that the property included within Parcel Map 96-132 shall gain vehicular access ftom Vista Del Sol and discharge to a sanitary sewer in Vista Del sa. 0~-22-ss Page 14 JULY 22, 1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA The fdlowing Improvement plans shall be approved prior to issuance of the ;irst buNding permit and the improvements shall be r~rnPl~ ~ to the first occupancy on either Parcel 1 of Parcel Map 88-290 or Lot 2 of ~ Una Adjustment 358: 1. Private street improvements along the 40 foot Ingress anu egress easement serving both lots. 2 Sanftary sewer improvements from Country HUI Road to the northeast comer of Lot 2. The fdlowing improvement plans shall be appro~-ed Prior to issuance of the first building permit and ttw i;n;„-ovement shall be complete Prior to the first occupancy on Parcel 1 of Parcel Map 88-290, L.ot 2 d t-°t LJne Adjustment 358 or Parcels 1, 2 or 3 of Parcel Map 96-132: 1. Pudic Standard DetaN Nos117nor as ppryro ilk b ahe City Engineer.~h Public Works 2. Pudic water Improvements along CouT r~Hi41~ nduding main and lateral ~ and egress easement and looping rtenances. lines, fire hydrants, valves and appu The pudic improv o ~ by~le ~ Attomey~ subject to a reimbursement agreement as app 15. That prior to final parcel map approval, Conditions Nos. ~, ~, 9, 10, 11 and 13, above mentioned, shall be complied with. VOTE: 6-0 (Commissioner Mayer absent) DISCUSSION TIME: 30 minutes Selma Mann, Deputy City Attorney, presented the 22-day appeal rights. 07-22-96 Page 15 JULY 22, 1998 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA GEQe NE CeTNE DECLARATION Approved 3a. 3b. WAIVER OF CODE REQUIREMENT ~~~~ C'm~~ 3c. CONDITIONAL USE PERMIT N0.3857 N OF PUBLI^ ^^yVENIENCE OR NECESSITY NQ ApP~~ 3d. DETERMI NATIO ~~ OYVNER: UNION OIL COMPANY OF CALIFORNIA, Attn: Phillip Dodge, P.0. Box 25376, Santa Ana, CA 92799 AGENT: Scott Peotter, 1 Corporate Park, Sufte 101, Irvine, CA 92714 LOCATION: a731 East l.a Palma Avenue Nr+.,rAt aprvtce Stationl. Property is arectangularly-shaped parcel of land consisting of approximately 0.54 acres located at the northwest comer of La Palma Avenue and Tustin Avenue. To permit a service station with an accessory convenience market with sales of beer and wine for off-premises consumption with waivers of minimum number of trees, required setback adjacent to Interior property lines and maximum sign size. Petftioner further requests determination of public convenience or necessity for an Alcohdic Beverage Contrd 1lcense to permft the sale of beer and wide for off-premises consumption at the subject facility. This item was continued from the Planning Commission meeting of July 8, 1996. COfDITIONAL USE PERMIT RESOLUTION N0. PC96-70 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY RESOLUTION N0. PC96-71 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None APPLICANTS COMMENTS: Scott peotter, Unocal, referred to the staff report and their building plans and pointed out there are existing buildings whk:h are not dearly reflected on the plans which are right on the lot line and are 24 feet high. They have tried to make their building visible and have windows on the front of the project. He referred to the required minimum number of trees along the street frontage and stated because of the driveways and signs required, they would be concenred about safety and would Ilke some flexibility on the spacing of the trees. 07-22-96 Page 16 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA JULY 22, 1996 Greg Hastings noted the Code does not require the trees to be 20-foot on center slang the street frontage. Mr. Peotter referred to Condition No. 2 requiring a 3-foot high berm adjacent to the sreet ftordages and asked for flexibnity to do that with the plants and bemn to make sure the line of sigh is maintained. Concerning the signs, Condition No. 3, which indicates no additional signs may be permitted, Mr Peotter asked if he wanted to make changes to the existing signs, would they have to be reviewed by the Planning Commission or whether staff could revk~w the change to make sure the signs were in compliance. Greg Hastings stated staff would require substantial confom~ance wfth the plans the Commission would be approving today and if there were additbnal signs proposed, those plans would be brought back to the Planning Com wi~h~Code, therew oWd beano publk% hearing~o~~ they comply with Code. If they comply Mr. Peotter referred to Item 4Q) on Page 9, referring to beer and wine sales by anyone under 21 years of age and explained the State law allows persons 18 years of age to sell, except after hours. He added he realized the Anaheim Municipal Code requires this and he would like word(ng added to that condition, 'in accordance with the Anaheim Municipal Code.' In that case, ff the Code is modified in the future, they would not have to come back ar~d modify this condition. They will live wfth the condition as Code requires, however. Concerning Condition No. 5 requiring men's and women's restrooms, he explained since they are not adjacent to a fteeway, the State code only requires a single restroom and that would be their preference. He added they don't have vkieo devices and other things to cause people to remain on site for any length of time, they dkl not see the need for two restrooms. THE PUBLIC HEARING WAS CLOSED. STAFF'S COMMENTS: Commissbner Boydstun asked what our Code requires for restrooms in service stations. Greg Hastings stated there is nothing particular in our Code; however, City Council has directed staff recently that there be two restrooms and policy requires that the restrooms be kept open and well supplied. He added in the past the Commission has approved unisex restrooms witho ov here being a problem wfth the City Council but ft has been quRe awhile since one has been app Commissioner Boydstun thought in the past when the Commission approved a unisex restroom, the City Council has set it for a public hearing. Chairman Messe pointed out there is no condition prohibiting the sale of single beer or wine containers and asked ff there are any munk:ipal or state codes requiring the sale of six packs. Mr. Hastings stated there is nothing in the Municipal Code and added apparently it is in the State law under the Business and Professions Code. 07-22-96 Page t7 JULY 22, 1986 Y ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA Irnestigator Torn Engle, Anaheim Pdice Dept from the statetandinot om the ~ would be placed on their ABC Ikense when they actually get Commissioner Boydstun asked ff that should be included so that ail our condNJons conform since we have always done ft in the past. Selma Mann, Deputy City Attorney, stated that would be a condition of the co obit being a~dation so that ff they were in violation, ft would be a vidatbn of the CUP as opposed of the ABC license in whk;h qse, the Pdice Department would have to go to ABC in osier to try and get compliance. Commissioner Boydstun stated she would like to have that added as a condition. Mr. Peotter stated they do not have a problem ff the Commission wants to eliminate single can sales. Commissbner Bristd referred to the advertising and a loud speaker outskie and recently there has been ine in ttheU tank and would like o have ahcondition p~rohib~ng that nicluded.~n is putting grid Commissioner Messe stated he ~ fn~o the ~ wee sign as designed with three skies and would like to have that lncorpora Greg Hastings stated one of the three signs exceeds the square footage of a normal permitted sign. Chairman ~lesse stated ff R is kept as a complete equilateral triangle, then there are no right angle skies. Commissioner Henninger stated having a unisex restroom in many cases would be the equivalent of not having a women's restroom. Commi Wio inrmost faclities today and i< iswbecause ofithetamou t of space tang takeneup by the one o handicapped requirements. Commissioner Henninger stated he knort uinisex restroom.ff means restrooms are not suitable for women to use and he could not suppo Commissioner Boydstun stated as the grandmother of four girls, she could not support it either. Commissioner Boydstun asked ff the law has really changed so that a person under 21 can sell beer and wine. Tom Engle stated he thought k was always the law for a person over 18 to be able to sell ova wine, except after 10 p.m. He stated the reason the Pdice Department only wanted a Pe 21 years d age is because of the location and the proximity to the youth in the area from Camelot andFolk;e Deilft~ +e ~~~ddtcopnrdrnitionsathat is onedof the colnditions they have requested since the Pa 07-22-96 Page t8 JULY 22, 1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA Commissioner Bristd stated he wouk4 agree with the applk:ant on the elevation because of the appearance and color, the canopy doesn't appear to be much different than what is there right now. Jonathan Borrego stated staff has started looking wfthun hetoalook at the typeset of servicesistatlons different Tight than in the past and have had an oppa't ftY in this case, he thought ft might developed in other caves. Concerning the treatment of ~ canoe ~ructure and he though in the be appropriate to look for addftkx>ei improvements to the canoPY future staff wAl be I.~oking for additkx~al Improvements of these canopies. Mr. Peotter stated he was not 9ettingcdumn~covers with n uplighting sconce asdpart ofthek for reviea- and they are'proposing metal in Irvine. canopy. They have done this similar canoPY Greg Hastings stated ft wcukl be a good idea if staff met with this applicant. One of the Planners has conducted a surve~ ~ e features vfilch~ look Iiske upgradesito a typical service statition.~ich might show examples Chairman Masse stated Condition No. 1 could be taken care of as a Report and Recommendation item. Melanie Adams suggested a modification to Condition No. a related to drveway approaches; that the plan has been revised since the last vemsus what they have proposed onhthe latestt planhe applicant describe the current drveway Mr. Peotter stated they are proposing one drNeway on each street and right now there are four driveways, two on each street. but should be modified to Ms. Adams stated Condition Na • 8 Dachas oneLa Palma hall be removted and replaced with curb, say that the existing driveway PP roach confomns with Public Works Standard No. gutter and sidewalk and~heatdtthat 1 ac eptade.~PP 137. (Mr. Peotter respo ACTION: .Approved Negative Declaration ~ ~i~~ ~y ~ ~ edR~ards the oftmerseofr he site~ing that the 13 trees e4 Granted Conditional Use Pemnft No. 3851 with the fdiow(ng changes to condftions: Modvted Condtion No. 4c. to read as fellows: c. That there shall be no exterior advertising of any kind or type, inducting recorded audb messages, promoting or Indicating the availability of alcohdic beverages. MadiHed Condtion 41. to read as fellows: i. That no person under twenty one (21) years of age shall sell or be permitted to sell any beer or wine in accordance with the Anaheim Municipal Code. 07-22-96 Page 19 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA JULY 22, 1996 Modified Condition No. 8 to read: ~, 8. That the most southerly driveway approach on Tustin Avenue shall be removed and replaced with curb, gutter and sidewalk in conformance with Pubik: Wanks Standards. Aright of way construction permtt shall be obtained from *he Public Works Department, Development Semvices Division. The constructbn shall be complete prior to final building and zoning inspection. Further, the existing drNeway approaches on La Palma Avenue shall be removed and replaced wtth curb, gutter and sidewalk. The new dmfireway approaches shall conform with Public Works Standard No. 137. Added the fdiowing conditions: That the thirteen (13) trees required may be clustered on the comers of the property as proposed by the petttioner. That beer shall be sdd (n quantfties of a stx (6) pack or more. That wine coders shall be sdd in quantities of a four (4) pack or more. Determined there is public convenience or necessit•~ to sell beer and wine for off-premises consumption at this facility on the basis that the crime rate is 32% below the average. VOTE: 6-0 (Commissioner Mayer absent) Jonathan Borrego asked about the requirement for two restrooms an-d it was noted that is inclm.~ded in the condtions (Condtion No. 5). Mr. Peotter asked about the restriction on the number of containers and i< was clarffied ft is a 6-pack for beer and a 4pack for wine. Investigator Engle stated the intent is for wine coders and not single bottles of wine. DISCUSSION TIME: 22 minutes Selma Mann, Deputy City Attorney, presented the 22- day appeal rights. 07-22-J6 Page 20 JULY 22, 1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA qa, ~~^- ^"'*E^--^-RICAL EXEMPTION -CLASS 21 Concurred w/staff 4b. ,(f`y^~tiDITIONAL USE PERMIT NO. 1731 jR~e9VERTISEDI Modified CUP 1731 INITIATED BY: ENFORCEMENTIDIVISION)I2O0 SE Anaheim Bivd., DE Anaheim, CA 92805. LOCATION: 408 South Broohfrurst Strut (_L~ Lanoos~l• Property is a rectangularly-shaped parcel of land consisting of appradmately 0.3 acre having a ftorrtage of approximately 83 feet on the o in e~~ 520r feet south of Street and being located app Y the centerline of Broadway Street. City-Initiated request to crnskier the revocation or modification of Conditional Use Permit No. 1731 (to permft on-sale beer and wine in a restaurant). CONDITIONAL. USE PERMIT RESOLUTION NO. PC9f3-72 FALLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: 2 people spoke APPLICANT'S STATEMENT: Mike Migan, spokesperson for the owners, 2400 E. I(atella Avenue, Anaheim, stated there are two separate recommendations. One is to revoke the CUP and the second one is to modify it. Concerning the modification, Mr. Migan stated the first paragraph deals with a lack of spaces fur the restaurant, and there are about 53 spaces in this lot; and that there are actually two lots and It is about 155 feet and consists of about 3/4 acre. He presented photographs of the exterior and interior of the restaurant. Mr. Migan stated the staff report says if the CUP is modified that the hours of operation will be no later than 10 p.m. on Sunday through Thursday and 11 p.m. on Friday and Saturday. He stated they would not f~ave a problem with that, but wanted to clarify ff ft means they would have to close the restaurant after those hours or if they would just have to stop selling beer and wipe after those hours. He thought the hours of the operation of the restaurant should be independent of any terms placed on the sale of beer aril wine. The restaurant has been open for several weeks now and there doesn't seem to be any problems. Mr. Migan stated the ABC license thay an3 applying for is a Type 41 which is strictly for beer and wine and not a hard liquor license. He added this is a bona fide ~~ fgaireabein offered andothe beer and wire is beingeservred strictly restaurant with a different type 9 07-22-96 Page 21 JULY 22, 1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA i inckiental to the focd. No service of beer and wine would be offered to anybody ff they don't buy , _ food. One of the primary concerns of the residents in the area is that their concern is that this may turn into a nigMdub, or in fact is a nigMdub as it is now ands ~t ~~t is a very troublesomeh stpot. n the south side of the restaurant, the EI Parisio, and apps y He added they would like to dispel that notion because this is going to be a restaurant and not a nigMdub. There is no fee to enter th(s restaurant. This used to be a Marie Callender's restaurant. It is not possible that it would ever become a nightclub. He though they had come to an agreement wfth the nelghba-s and they have a draft of an agreement which they are prepared to sign saying that this will never become a nightclub as long as it is owned by the present owner. Richard La Rochelle, Code Enforcement Supervisor, stated the Commission is aware of thts area and in reviewing the files, they found that the rests ~~ to ~I ~n an~wine after asYear he thought Marie Callender's and the existing CUP with the pe would be expired. He stated they understanding that ABC has not IsASUedia license to thenew cftizen's complaints and it was his owners of the restaurant at this time. Chairman Masse darffied that the new owner has applied for an ABC license but they have not been Issued one as of this date. Tamara Martin, Archer Street, stated generally the neighbofiood is not opposed to this restaurant nor to the serving of beer and wine. She sa ted~u~ ~ ~~ 8~~ ~p asi bars. that they have had a lot of businesses which have started out Chairman Masse stated the Commission undorstancfs their concerns. Ms. Martin asked ff this use would L-e reviewed in one year to see ff they had adhered to the conditions of the permit. Commissioner the~datekof the resdution if they haveunot obtained licen a fromuABC ~inate In one year from Ms. Martin stated they are concerned with the 10 p. m. dosing because they still have to dean up and the patrons have to finish their meals and leave and then the e^rpioyees leave and that is all addftional noise. She stated during tn~ ice last weeks Sdhe stated anothem once(m is whether because of Ei Parisio and that happe or not they could turn this into a bar. Chairman Masse explained ff the CUP is for a bonafkfe restaurant, then it will be a bonafkle restaurant and also the ABC woukn not pennft K to become a bar. Ms. Martin stated there used to be 1 S large ti thought the hwerehbrefiking p the wall and that the taken out because the owner of the property Y neighbors would sue them. She stated now there is nothing along that side except for an effort by Taco Bell. There is no planter between this fence and the building and she would request t~tiat some sort of barrier be planted so that they cannot park next to the fence. 07-22-96 Page 22 JULY 22, 1996 ANA~!EIf~A CITY PLANNING COMWIISSION - SUMMARY ACTION AGENDA Chairman Meese stated this property does not bordor the residential property and there is a parking k. lot next to the wall. He did not think this restaurant has any access to that Narking lot. Ms. Martin stated right now they are having soma mariachis and trumpet prayers between 5:30 and 6:30 p.m. and she thought that is because they are Just opening the restaurant. She asked ff they have to have a permit for that and added R down"t bother her but ff they can have it between 5:30 and 6:30 p.m., could they have it later at night which would be a concern. Bob Smith, 327 S. Archer Street, directly behind the restaurant parking lot, stated another neighbor asked him to represent him and he is also directly behirxf the parking lot. He asked how they could have enough parking spaces ff the parking lot next to the fence is not their property. He stated he has not seen them parking toward their area but he dk1 not know when they might start doing that. He stated he also had a concern about another establishment selling beer aril wine. He added ces has nothing against the restaurant selling %„ar and wine but it is Just that they have so many pl in that area already which sell beer and wine and there is a liquor store which just opened on BrookhursR. He added they are Just disappointed because of the number of police calls and just last month, the Police were searching for someone in his back yard and that his wffe had actually seen a man in their back yard. He stated another concern is whether somebody is going to fellow through and do what they say he was sent som hing by theA 6C Indicating what a requirements ,could be for them toehaveea license. He stated the music they have right now is not too loud but he was concerned that ft could get to be too loud. He added he is also concerned about the lighting, pointing out there are two large lights right now on the back of the building and they shine right into their back yards. Mr. Smith stated there is also a concern about landscaping and he felt landscaping would cut down on the noise. APPUCAMTS RESPONSE: Mr. Migan stated the lot to the east of the property is not owned by the owner of this restaurant and there is no access to it so there are no cars parking there. He stated that is about 65 feet which should be a good buffer co the residents ftom this restaurant. the I have Mo ntentiorn o us ng it andrthatg he thought iti is baricaded atithist me. r Migan added Y Chaim~an Meese asked ff EI Parisio is using that parking lot and Mr. La Rochelle responded he was there lode 8 ~ m going into the parking lot Rome the ear so he pat~ronstat he ElrParisiotcanud use stop P~PI iG 07-22-96 Page 23 JULY 22, 1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA i Mr. Migan stated the lighting can be taken care of and added they want to have the best possible ,_ relationship with their neighbors and he thought this type of business would enhance the quality of the area. THE PUBLIC HEARING WAS CLOSED. STAFF'S COMMENTS: Irnestigator Tom Engle, Anaheim Pdice Department. He stated he receNed a copy of the th ecor~idceitions stated hat there should bebno live entertainmentka plffied m s cror dpancingne of permitted in the premises at any time'. The Pdice Department has recommended denial of the subject application because of the high crime. There are eight (8) ABC licenses authorized for the subject census tract and eight (8) are now currently existing, one of the licenses is for the EI Parisio. Commissfoner Boydstun stated when ft was operating as Marie Callerxier's restaurant that there was a bar in the premises and she asked ff that bar Is still there? Mr. Migan responded that there is a structure that looks like a bar, but they are in agreement with the ABC that that will not be used to serve liquor and will not be used as a bar. The bar structure from that area.alfl someone wantls liquob rt wou d need to be ordered from theirntabie Tike any lother restaurant. Commissioner Bristd noted there are taps there wfth four spigots and asked ff they plan to get rid of them, and that there are 5-7 stools and he thought ft looks like a bar. Mr. Migan stated that is what they will consider a small waiting area but ff it is a problem getting this CUP approved, they will get rid of the taps. He added the agreement wfth ABC is not to use it has a bar type facility. Commissioner Boydstun suggested ff this is to be a famAy type restaurant, they should be removed. Mr. Migan stated ff that is a concern, they are pre, ared to deal with it and noted that is the same concern the representative from ABC had and said that it doesn't qualify as a bar as long as there is nobody serving liquor. Commissioner Henninger asked ff there is an existing CUP wfth an approved floor plan? Jonathan Borrego responded he would check the file. Chairman Masse asked about the music and Mr.Migan stated the group was not hired by the restaurant. They come there qnd offer their music for whatever tips they get and they are not part of the entertainment for the restaurant but ff it ig a concern, they could eliminate ff. He did not know whether there was a pemtR. 07-22-96 Page 24 JULY 22, 1986 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA Commissioner Boydstun stated the musi ~~ Shesadded ~tl a applicants a el changinge he operation entertainment and they do not have a pe of this restaurant before they even get their permit Chairman Masse stated one of the condftions of the ABC is that will be no INe entertainment on the premises and the parking lot is Part of the premises. Greg Hastings stated the original conditional use permR record has been microflched and staff is currently getting a copy. He stated according to M~ren a MarielCallender's restaurant a d ~~ quite a few times over the years, this has always apparently the floor plans remain the same. Commissioner Henninger stated one of the things needed in order to approve this is a substitute floor plan deleting the bar area. Irnestigator Tom Engle, Anaheim Pdice Department, stated for the record, that the applicant does not have an ABChelicaen icanttaskted for andt they haveonot been flnaiized by the IABC and there is no the condition PPI led for a license In December last year. license approved by the ABC. They originally appl Mr. Migan stated they are not serving any beer and wine. Commissioner Boydstun pointed out they are already breaking the condftons which they proposed. Chalmian Masse asked about tt~e parking and whether or not there are two parcels? Greg Hastings stated over the years the Parking which may have been behind the property has now been relocated to the nortc~l~s adequate; howeveh there shou d~be allcondition ncluded~ that the number of parking spa (No. t as proposed) which requires that there be an unsubordinated reciprocal access and park n9 agreement which would tie the parking together with the use of the building. Commissioner Henninger stated it is not really a reciprocal parking agreement because all of this parking is for this restaurant. Chaim>an Masse asked about the parking area to the north d the property in question (who owns it and do they lease il?) Mr. Mlgan sated both properties are owned by the same property owner and there used to be a donut shop there but now R is Just a Parking lot for the rests smitnis ~~ to~~ scree staff report indicated the property is about t /3 acre but with both pa Greg Hastings stated it would be simpler to Join both lots. Alfred Yalda, Principal Transportatior~Pnanf erui a pow ed to Chaimnan Masse that 'with both parcels, they meet or exceed the pa 9 eq Commissioner Boydstun asked if they have a problem with removing the bar area? Commissioner Bristd stated Code Enforcement and the Pdk:e Department are concerned about that bar and M it is there it wUl look like it is meant to be a bar. 07-22-96 Page 25 eNeNFtut ctnr PLANNING COMMISSION - SUMMARY ACTION AGENDA _ JULY 22, 1996 Mr. Migan stated it would be hard for him to give the answer without actually talking to the owner. Chairtan Masse dedared a 5-minute break in order for the applicant to discuss the proposal with the property owner and in order for staff to get copies of the floor plans. THE MEETING WAS RECONVENED. Mr. Migan stated apparently removal of the equipment (tap and refrigeration, etc.) would cost about 570,000 and they would prefer an aftemative means such as redecorating to remove the look of a bar. Chairman Masse asked ff they would bring plans back for rev(ew under reports and recommendatbns? Mr. Migan stated they would be wAling to do that and Chairman Masse suggested a false wall or something similar. Jonathan Borrego stated additional copies of the staff report are being made available. Mr. Mlgan pointed out the bar is in the tower left harxl comer of the plan and that it is really small compared to the rest of the restaurant. Chairman Masse stated this is a very sensitive area and this is in a redevelopment area and it has had a lot of problems and the Planning Commission has to protect the citizens and the neighborhood. Commissioner !iostwick stated he would add a time limit to this use and the desire is to get mis business established with a good clientele and ff everything goes well, there wlli be no problem getting h renewed. Mr. Migan asked ff Condition No. 3 means that they have to stop selling beer and wine at 10:00 p.m., and keep the restaurant open later? Commissioners Bostwick, Peraza and Boydstun all agreed the hours of operation should be as shown (n Condition No. 3. Mr. Migan asked for longer hours because ff someone came In at 10:00 p.m., they would need an hour to eat. ACTION: Concurred with staff that the proposed project falls within the definition of Categorical Exemptions, Bass 21, as defined in the State EiR and is, therefore, categorically exempt from the requirements to prepare an EIR. Modified Conditkxial Use Permit No. 1731 Added the fdlowing conditions: 1. That a Lot Line Adjustment Plat shall be submitted to the Subdivision Section and approved by the City Engineer and then recorded in the 07-22-96 Page 26 JULY 22, 1896 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA Office of the Orange County Recorder to combine the two (2) existing lots. 2. That once the two lots are combined and recorded, a Parking plan shall be submitted to the Traiftc and Transportation Manager for review and approval. 3. That Condftkxral Use Permit No. 1731 wpl automatically terminate one (1) Year from the date of this resolution ff a valid Alcohdk: Beverage Contrd [Type 41, On-Sale Beer and Wine -Eating Place] License has not been obtained for the subject property. 4. That the hours of operation shall be limited to no later than 10 p.m. Sunday through Thursday and 11 p.m. on Friday and Saturday. 5. That the lighting in tho parking area of the premises shall be directed, ~~positioned and shielded (n such a manner so as not to unreasonably illuminate the window area of nearby residences. 6. That the establishment shall be operated as a'Bona Fide Public Eating Place' as deftned by Section 23038 of the Calffomia Business and Professions Code. 7. That there shall be no bar or lounge maintained on the property unless licensed by Aicohdic Beverage Contrd and approved by the Cfty of Anaheim. 8. That the present bar area shall be modiftePdlans showin asuchto conceal its original design and purpose. 9 modification shall be submitted to the Zoning DNision of the Planning Department for review and approval by the Planning Commission as a Report and Recommendation item. 9. That there shall be no pod table or other games permitted upon the premises at any time. 10. That the gross sales of alcohdic beverages shall not exceed forty percent (4096) of the gross sales of ail recap sales during any three (3) month period. The applicant shall maintain records on a quarterly basis irxl~ating the separate amounts of sales of alcohdk: beverages and other ftems. These records shall be made available to inspection by any City of Anaheim officials when requested. 11. That there shall be no INe entertainment, amplffied music or c':±ncing permitted on the premises at any time without issuance of proper permp~s as required by the Anaheim Municipal Code. 12. That the sale of alcohdk: beverages for consumption off the premises shall be prohibited. 07-22-96 Page 27 ANAFIEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA JULY 22, 1996 13. That subject use permit shall expire one (1) year from the date of the Issuance of the Alcohd~ Beverage Contrd license. YOTE~ 6-0 (Commissioner Mayer absent) 'DISCUSSION TIME: 1 hour and 2 minutes Selma Mann, Deputy City Attorney, presented the 22~ay appeal rights. 07-22-96 Page 28 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA JULY 22, 1986 5a. CEQA CATEGORICAL EXEMPTION -CLASS 21 Continued to 5b. VARIANCE N0. 1945 (READVERTISEDl August 19, 1996 INITIATED BY: ; JT" A° °ti"~'EIM PLANNING DEPARTMENT (CODE ESIFORCEMENT DIVISION) ?~ S. Anaheim Blvd.. Anaheim. CA 92805. L TI N• 1126 North Anaheim Boulevard (E~ Mural Restaurant). Property is arectangularly-shaped parcel of land consisting of approximately 0.26 acres located at the northwest comer of Anaheim Boulevard and Parry Avenue. City-initiated request to consider the revocation or modification of Variance No. 1945-3 (to permit the operation of a restaurant). VARIANCE RESOLUTION N0. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Continued subject request to the August 19, 1996 Planning Commission meeting as requested by the petitioner. VOTE; 6-0 (Commissioner Mayer absent) DISCUSSION TIME: This item was not discussed. 07-22-96 Page 29 ..~.~~~~~ nrrv or eNNING COMMISSION - SUMMARY ACTION AGENDA JULY 22, 1996 Nl~Nnom v... --- - ~~^~~ Continued 40 6a. CEOA h~~ ~ ~- DECLARA_ ~QN_ August 19, 1996 6b. GENERAL PLAN AMENDMENT N0. 340 ~ REri eecirrCAT1ON N0.95- 4 6d. VARIA_ CN E N •4292 OWNER: Frank Hardgstle,M200 S.LAnahePmRBlvdplAnalheimACA 92805 TRANSCORP C/F, Attn: William H. Stanly, 5212 Sierra Vista, Newport Beach, CA 92660 AGENT: SAM HANNA, 2664 Vista Valley, Orange, CA 92667 LOCATION: ~~1 G_O manta Ana ~-snvon Road. Property is o~~tel irregularly-shaped parcel of land consistin of app Y 1.1 acres located at the northwest comer of Sar>ta Ana Canyon Road and Maude Lane. Petitioner requests an amendment to the Land Use Element of the General Plan (redesignating subject property from the H~Iside Low Density Resklential designation to the Commercial Professional designation). Petitioner requests reclass'rfication of the subject property from the RS-A- 43,000 SC (Reskiential/Agricultural) (Scenic Corridor Overlay) Zone to the CO (SC) (Commercial Office and Professional) (Scenic Corridor Overlay) Zone. Petitbner requests waiver of maximum structural height, minimum landscape setback adjacent to a residential zone boundary, minimum setback adjacent to a scenic highway, minimum setback adjacent to a local street and required parking lot landscaping to construct a 2-story, approximately 3,800 square foot office building. Property is an irregularly shaped parcel of land consisting of approximately 1.1 acres located at the northwest comer of Santa Ana Canyon Road and Maude Lane, having approximate frontages of 230 feet on the north skis of Santa Ana Canyon Road and 120 feet on the west sloe of Maude Lane and further described as 5481 East Santa Ana Canyon Road. GENERAL PLAN AMENDMENT RESOLUTION N0. ____,_- RECLASSIFICATION RESOLUTION N0. VARIANCE F~ESOLUTION N0. 07-22-96 Page 30 JULY 22, 1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: 4 people spoke with concerns APPLICANTS STATEMENT: Sam Hanna, applicant, stated this is going to be a family business and they live near this area. He stated this is a problem sfte and diffic.at to develop. He pointed out the proposal of the exhibit displayed and explained the building is small and they had to make the building two stories. He stated they hope the trees proposed wAl mature and provide a screen for the neighbor's privacy. met t~he~ trking~equiremeMseby reducin the size of the structure and they haveeangled park(~n9Y Pa with two landscaped areas. Mr, Hanna referred to the power lines prohibit(ng the developmHetexea(~ned the second story would and listened to their concerns which were safety and privacy. ill have high windows and glass which you cannot see through. Another issue mentioned was security and stated he was not a The would also betwilling toaraise but would be willing to install a gate in the future if necessary. Y the wall height to the north two feet with some lattice work and plants that would provide screening. dit~ h Is ong hisproperty andthard fo the neighbor to maintain, and theyvw Ilre-excavat the the V ditch. Concerning the waivers, he stated they are trying to provide minimum sideowal~karwldtb~ n Would be would be landscaped, but they have not come up with a plan for the type approved by the Planning Department staff before building permfts are issued. OPPOSITION: Rosalind Perell, 119 Maude Lane, stated her property is adjacent to this proposed build~u&ShShe „vas very upset with the kiss of a two-story building and felt it would hurt her property stated the applicant does not plan to develop the middle seciUeSbetween the two office buildings and she thought that would be detrimental to her property She stated she is concerned about the traffic. Many of the parents go through the tract and even the schod buses are now coming down Maude rather than making a right turn on Penny Drive. People who go to the office building use Penny DrNe as they are coming from Lakeview, and they have to come off Santa Ana Canyon Road ar-d immediately make a u-turn to get Into the office building. This two-story office building would add traffic and at 8:00 a.m., the schod buses and parents would create a traffic problem. She stated there is a lot of foot traffic on Santa Ana Canyon Road because they have many children who walk to schod. Without sidewalks they would be walking on dirt and exposing 07-22-96 Page 31 JULY 22, 1896 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA ~__ themselves to the traffic. The City ordinance allows for a 22' high buNding and she dkl not think a variance should be allowed fora 28', 6' buNding. She added she Is worried about the parking right at her block wall and ff a car went forward instead of backward, it would hit her wall. Ms. Perell stated concerning safety, she though where Santa Ana Canyon Road narrows, there is a well below where she though there are some transkjrrt people Iiving• She dkl not think 13 parking spaces would be enough and people will park on Maude or Old Santa Ana Canyon Road and there is a two-story office buNding existing and many of those people park on Old Santa Ana Canyon Road. Santa Ana Canyon Road is designated as a Scenic Highway and they are asking fora 10 foot setback instead of 100 feet as required. She was also concerned about noise with cars parking adjacent to her wall and the noise ftom the alarm systems on the cars because they are parking right adjacent to her back yard. Rachel Barren, 112 N. Lohrum Lane, Anaheim. She stated that her property has been flooded twice and that she has no objection to anyone building on the property to improve the property, but she does have an objection to being flooded again. She then rolayed a situation where a ditch was dug out illegally and stated that nobody has done anything about the ditch. She stated that the Engineering este~d that she put a drainage at both something to eliminate being flooded again and they sugg ends of her backyard (v~litch) that that would eliminat ~ e~ e~ ~~ for the expenseseto do that. indicated she did as the Engineering Department sugg She added that Mr. Hanna has saki that he could keep the ditch dear and pack down the property. She commented that K has been done several times, but when they have hard rain the mud washes down and the hNl is continuing to erode. She stated Mr. Hanna verbally gives her information as to what he's going to do, but asked what happens when he sells the property? She asked the Commission before the subject re•~uest is conskfered for somebody to lock at the property again and be sure that proper drainage is going to be taken away ftom the existing property. She stated she's not denying the subject request, but is asking that something be done to be sure that her property is not going to be flooded again. She submitted a letter to the Commission ftom her neighbor John McLeen who could not attend the meeting. She conduded by stating that the pictures on the Chamberhwaleforeesha s~edy the Commission ff depiction of the erosion and the larxf behind the property, they would like her to bring in some accurate pictures. Chairman Masse indicated that he believes the entire Commission has been out to visft the site. 07-22-96 Page 32 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA JULY 22, 1996 Margerie Matthis, 5354 E. Garda, Anaheim. She stated in addition to the slope drainage that she would like to make the CouncN aware that there is a very bad rodent problem in the subject area. She explained that ff the subject request is developed and ff the total parcel iS not addressed along wfth the developmern being made on Maude that it w~i create a massive movcriv~ent of rodents from that area down to the middle section that has not been developed. She stated that she has made expenses in maintaining her slope and explained the problems she has experienced relative to the slope because of the rodents in the area. She added that she is very concerned as a property owner who has also been subject to flooding. She asked that the Commission not to allow the applicant to develop one erxf of it and leave the middle section unattended to. She relayed her concems relative to the traifk:, ingress and egress, and she stated that the only safe exit during schod hours is to go out through Maude because you can't go through Pinney and you can't go across Garda. She stated she is very concerned about adding a business in the subject area for which the main entrance is going to be on and off Maude. it will create a left hand pattern flow out of one of their major areas where currently they don't have to exit through post office traffic or schod traffic. She spoke relative to the safety issues and traffic and commented that Santa Ana Canyon Road may be able to handle the traffic, but her neighborhood can not. Diana King, 5360 Garda Drive, Anaheim. She indicated that she has been in the same residence for twenty years aril has been flooded four times. She Stated ff she dkin't have a pod in her backyard it woukf have flooded her home and it really concems her because she's in a place where they don't want to do anything about it. It will be more of an eyesore if the place is left wfth the rodent problem and debris. It would be much more pleasing ff the while parcel was developed and not just both ends. APPLICANTS REBUTTAL.• Mr. Hanna spoke relative to the traffic and he stated that the first appointment would be around 9:00 a.m., and that in some cases they work beyond 5:00 and 6:00 o'dock, therefore, the hours of operation is a little dffferent. He stated that they're not asking in and out anymore, only egress. The visibility on the subject site is one of the best because it's at the grade of the level of the street. He addressed the rodent problem and stated that the area has a drainage problem and needs regional assistance because one individual cannot handle the problem. He stated that the drainage is coming off of Santa Ana Canyon Road. He stated that they wAl keep the area dean, meaning all of the weeds which will act Ilke a retention basin because it retains the water temporary during the storm and aftor that no harm is done because it absorbs. He addressed the skfewaik issue and stated that they can't put a sklewalk in some areas unless you do a major retaining wall. He stated that an indivklual cannot handle the problem alone and 07-22-96 Page 33 ANAHEIM Ct7T ~'~-^n~n" that the City may need to assist with the problem or have the individual improve and maintain their own proper'tY• s something doom the He addressed the flooding~im c~oraid~ior~t H~eticplain~ that ~ ~~ ~ dock the water coming *.o stream to block the upstr him, he can't alter the doNmstream conditions, but he can look at the a tea dihtch clan He ~ n some water along the channel untN the storm is gone, thereby keepi g reiterated that is the only thing that can be done unless a major storm drain system is installed on Santa Ana Canyon Road. He addressed the noise issue a buffered that they are going to build a 2-story office with a lot of landscaping which wNi act like He further continued by addressing the reskients concerns relative to parking and the Ingress and egress issue. He stated relative to him selling the property that he can't speak to that because he can't guarantee ~ n in the future, but reiterated that at this time they will clean the channel to the best what may PPe they could, install landscaping and sidewalks where they are allowed, but he can't do the wh e thing. Chairman Masse asked if he's not going to address the western part of the property? Mr. Hanna stated there are some areas where he can't landscape becau.~e water is not available. THE PUBLIC HEARING WAS CLOSED. STAFF'S COMMENTS: Commissioner Boydstun asked Mrs. Matthis H she's called Vector Contrd for the rode m dross m? Mrs. Matthis responded 'Yes' and stated that they won't come out because the proble invdve rats that the rodents are ground squirrels. Mr. Hanna stated the intent is that anything they're developing In the area that they will have to cdiect the water on site andndtoidre~n to ~ublic storm drain. He can go as low as he can as long as the storm drain allows h Chairman Masse indicated it would be a drainage in grading plan which would be subject to the review of the City Engineer. Mr. Hanna responded "that's correct. Further discussion fdlowed between Mr. Hanna and Planning Commissioners relative to the drainage. 07-22-96 Page 34 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA JULY 22, 1896 ~. _ Commissioner Boydstun spoke relative to the hours of operation and she asked ff a condition could be put in stating that the hours would not be before 9:00 a.m., so the schod traffic would be out of the way. Mr. Hanna stated that their first patient would be scheduled for 9:00 a.m. Greg Hastings, Zoning Division Manager. He added that there Is no guarantee that the buUding will always be used for medical purposes and that ft could also be used as a regular cffice building. Chairman Masse indicated he understands and that they could condition ft to say that operations shall not start before 9:00 a.m. Commissioner Bostwick S"iated part of the flooding that happens to the neighbors is because of the run off on the highway. He stated ff you took ft ftom the end of whero your proposing the curb and gutter (skfewalk area) and ran an asphalt berm ftom there uMii ft met the curb on the other property, ft would then prevent the water ftom flowing down onto the neighbors. Mr. Hanna showed pictures to the Commission in response to Commissioner Bostwick's statement. Commissioner Bostwick stated ff you took the asphalt berm that's now present and continued ft west along Santa Ana Canyon Road untN ft met the curb and gutter at the commercial property to the west, then all the water that's flooding into the neighbor's property would then be drained down to Maude and to the sanitary drain. Mr. Hanna indicated that the road sags and there would then be a problem wfth water build up all across the highway. Commissioner Bostwick indicated you could run a channel that comes down and across your parking lot, but the rest of ft on up would be channeled away and carried off. Mr. Hanna indicated he will try to do that, tc :will have to look at the while area. Chairman Masse asked Mr. Yalda to address the egress from the property onto Santa Ana Canyon Road and he asked ff the angled drveway is going to prevent ftom right turns coming in. Mr. Yalda stated ft's not a suitable design, he then addressed the sanftation issue a~xl stated that they have a standard design where they don't have to have a driveway. Chairman Masse stated he's concerned about the height of the building relative to the aspect of the neighborhood, in allowing something the: tall to sft up on a slope above asingle-family reskiential neighborhood. Commissioner Bostwick noted that there are a lot of concems and he suggested that they take thirty days to address the concems relative to the roof pftch, the drainage issue on how your going to work with that, a landscape plan that's a i'dtlo more full to show some type of landscape on the rest of the property, redesign of the driveway so ft meets with the traffic engineers and also to address the trash problem. 07-22-9ti Page 35 JULY 22,1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA _ Mr. Hastings stated H the subject item is continued that staff would also request that the signage and the location of the air conditioner equipment Ue shown. ACTION: Continued subject request to the August 19, 1996 Planning Commission meeting in order for the applicant to submit revised plans. RE-0PENED PUBLIC HEARING VOTE: 5-0 (Commissioners Henninger and Mayer absent) DISCUSSION TIME: 1 hour and 7 minutes 07-22-96 Page 36 JULY 22, 1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA ~- 78, rFne NEGATIVE DECLARATION (PREVIOUSLY APPROVED) Approved 7b. CONDITIONAL USE PERMIT N0.3822 (READVERTISED) Modified conditions of approval OWNER: RAYMOND G. SPEHAR, ESTEL.LE K SPEHAR, MARCIA ANN HAWGAN, c/o Watt Management Company, Inc., 2716 Ocean Park Bfvd., Santa Monica, CA 90405 AGENT: ANDERSON & ASSOCIATES, RICHARD L ANDERSON, 128 S. Glassell Avenue, Orange, CA 92666 LOCATION: 5799 East La Palma Avenue (Burner Kinnl. Property is an irregularly-shaped parcel of land consisting of approximately 9.9 acres located north and east of the northeast comer of Imperial Highway and La Palma Avenue. Petftioner requests deletion or modification of a condition of ove~d fast- pertaining to landscaping requirements for a previously app food restaurant. CONDITIONAL USE PERMIT RESOLUTION N0. PC96-73 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None APPLICANT'S STATEMENT: Mary Lowe, property manager of Watt Management Company, 2716 Ocean Park Boulevard, Santa Monica, CA. She asked for the Commission to reconsider CondY~ion No. 5 of Resolut(on No. PC96- 23 relative to the planting of fourteen (14), 15-gallon trees as ineycfeele eitlher right onto westbound to the subject property. She explained that exiting the shopp g La Palma or left onto eastbound La Pal She stated addhingtrees to the comeawil~l onstftutea Chrisden moves at a very high speed. dangerous Impedance to sight lines for exiting the center. She also indicated that when the shopping center was developed twenty (20) years ago, the landscaping plan that was approved dkf not have trees in the landscaping berm. They have quite a few trees on the interbr of the shopping center and also have two mature trees on the exterior at the exit points of La Palma. Adding trees to a shopping center where K wasn't designed for it will cause vlsibAfty problems as they mature. THE PUBLIC HEARING WAS CLOSED. STAFF'S COMMENTS: 07-22-96 Page 37 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA JULY 22, 1996 ` Chairman Masse asked if there was any place on the front green where the trees could be grouped. they don't have to be spread all over the place. Mrs. Lowe responded that fourteen (14) trees is excessNe, they would conskfer grouping a couple of trees. Jonathan Borrego, Senior Planner. He stated the amount of trees were based upon the ftoMage of the Burger IQng restaurard, however, staff would be willing to allow them to spread the trees out throughout the center, They don't have to be dumped in front of Burger King, but could be located along the other remaining frontage of Imperial and La Palma Avenue. He added that one (1) tree per twenty (20) feet of street frontage is a code standard which is now applied to ail properties in the City including all shopping centers whkh have been developed within the last couple of years. party, kHe ~s6 ossuggesKed that a ipathway be buAt over~the d rtdpath at the comter of Chrisden Street and La Palma Avenue. Mrs. Lowe responded that she ~wYi have to look Into the liability issues of that because once you put in paving blocks or a pathway that you are then inviting t ~phe havewa defe sable positioen on you don't have a pathway and they cut across the property y a slip and sail incident. Chairman Masse responded that he would think she would encourage the public to walk on ft. She then spoke relative to the tree Issue and she stated that they now have two mature trees on La Palma and she asked M those two (2) trees could be counted towards the required fourteen {14) trees to be planted throughout the center. Comm(ssioner Bostwick stated that would be acceptable. ACTION: Determined that the previously approved negatNe declaration (s adequate to serve as the required environmental documentation for subject request. Denied request to delete condition. Modified Condition No. 5 of Resdution No. PC96-23 adopted in conjunction with Conditional Use Permit No. 3822 to read as fellows: 'S. That within a period of sixty (60) days from the date of this resolution, a minimum of fourteen (14) minimum 15-gallon sized, trees shall be planted and maintained with appropriate iMgation facilities along the entire ftoMage of La Palma Avenue and/or Chrisden Street. Further, the two existing trees adjacent to La Palma Avenue may be counted towards the fourteen trees required' Added the fdlowing condition: Ths:t vrithin a period of sbcty (60) days from the date of this ra`sdta~ ~o th© cement walkway or a stepping stone pathway shall be incorpora landscaping at the comer of Chrisden Street and La Palma Avenue. 07-22-96 Page 38 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA JULY 22, 1996 '~ , VOTE: 5-0 (Commissioners Henninger and Mayer absent) DISCUSSIOW TIME: 10 minutes Selma Mann, Deputy City Attorney, Presented the 22~day appeal rights. ADJOURNED AT 5:25 P.M., TO THE PLANNING COMMISSION WORK SESSION OF AUGUST 5, 1996 AT 10:00 A.M. Respectfully submitted, ~..,~~~ l a/J9 G~ Elly Fema~fWes, Senor Word Processing Operator Planning Department 07-22-36 Page 39 •~