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Minutes-PC 1997/05/12SU A Y ACTION AGENDA ANAHEI CITY PLANNING CO ISSION MEETING MONDAY, MAY 12, 1997 10:00 A.M. PRESENTATION REGARDING OVERCROWDING ISSUES BY BRUCE DUNAMS, ADMINISTRATIVE MANAGER, COMMUNITY PRESERVATION DIVISION, CITY OF SANTA ANA ® STAFF UPDATE TO COMMISSION OF VARIOUS CITY DEVELOPMENTS AND ISSUES 1 1:00 A.M. PRELIMINARY PLAN REVIEW 1:30 P.M. PUBLIC HEARING TESTIMONY COMMISSIONERS PRESENT: BOYDSTUN, BOSTWICK, BRISTOL, HENNINGER, MESSE, PERAZA COMMISSIONERS ABSENT: MAYER ' STAFF PRESENT: Selma Mann Assistant City Attorney Greg Hastings Zoning Division Manager Cheryl Flores Senior .Planner Karen Dudley Associate Planner Karen Freeman Associate Planner Kevin Bass Associate Planner Bruce Freeman Code Enforcement Supervisor Tom Engle Police Officer Alfred Yalda Principal Transportation Planner Linda Siegel Associate Civil Engineer Rob Zur Schmiede Redevelopment/Property Serv. Manager Margarita Solorio Senior Secretary Ossie Edmundson Senior Word Processing Operator P:\DOCS\CLERICAL\MINUTES\AC051297.. WP REPORTS APID RECOMMEPlDATIONS A. CONDITIONAL USE PERMIT NOS. 1757 AND 2395 - REQUEST FOR TERMINATION: Canyon Plaza Shopping Center, Attn: Harold Hembree, P.O. Box 7250, Newport Beach, CA 92663, requests termination of Conditional Use Permit No. 1757 (to permit on-premises sale and consumption of beer and wine in an existing fast-food restaurant at 5761-F Santa Ana Canyon Road) and Conditional Use Permit No. 2395 (to :permit on premises sale and consumption of beer and wine within a proposed fast- food restaurant with waiver of minimum number of parking spaces at 5773-J Santa Ana Canyon Road). Property is located at 5701-5791 East Santa Ana Canyon Road. TERMINATION RESOLUTION NO. PC97-54 Terminated SR6616JK.WP Chairman Messe: Stated there was a question in a letter received from the applicant relative to Conditional Use Permit No. 2348. Cheryl Flores, Senior Planner, Zoning Division: Stated the request is for the termination of Conditional Use Permits No. 1757 and 2395. Chairman Messe: Asked if they will take action as to the original CUP? Cheryl Flores: Responded there is a memo in the file to that affect that this satisfies and also the recommendation asks that this meets the requirements of Condition No. 2. B. REQUEST FOR INITIATION OF RECLASSIFICATION PROCEEDINGS: Staff initiated (Planning Department), 200 South Anaheim Boulevard, Anaheim, CA 92805, request for initiation of reclassification proceedings of subject property from the ML (Limted Industrial) Zone to the CL (Commercial, Limited) Zone. Property is located at 1221-1271 South Phoenix Club Drive and 1321-1381 East Auto Center Drive. ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Boydstun and MOTION CARRIED (Commissioner Mayer absent), that the Anaheim City Planning Commission does hereby Initiate the reclassification of this property from the ML Zone to the CL Zone to establish conformity with the General Commercial land use designation of the City of Anaheim General Plan. Initiated reclassifica- tion proceedings SR6635KB.WP 05-12-97 Page 2 Cheryl Flores, Senior Planner, Zohing DNision: Stated the request is to Initiate the reclassification from the ML to the CL Zone which will match the development that has occurred in the area, mainly the auto dealerships. It will also allow the issuance of special events permits upon request and approval. C. CONDITIONAL USE PERMIT NO. 3841 - REQUEST FOR Determined to be in DETERMINATION OF SUBSTANTIAL CONFORMANCE substantial FOR A PREVIOUSLY APPROVED SERVICE STATION: conformance for Tarek Berri, 1&102 Jenner Street, Westminster, CA 92683, previously approved requests review of revised plans for determination of service station with substantial conformance for a previously approved service ' the incorporation of station and convenience market. Property is located at 2180 the changes West Ball Road. discussed at the meeting ACTION: Commissioner Boydstun offered a motion, seconded by Commissioner Bostwick and MOTION CARRIED (Commissioner Mayer absent), that the Anaheim City Planning Commission does hereby determine that the requested modifications are in substantial conformance with the previously-approved plans as long as the following changes are Incorporated: 1. That a second bathroom shall be provided with the removal of one parking space; 2. That vines shall be planted and propedy irrigated along the brick wall buildings that face the shopping center to the southeast; and 3. That the proposed monument sign shall not exceed 8- feet in height. SR6655KP.WP Tarek Berri, 2180 W. Ball Rd., Anaheim: Stated he is the applicant and is available to answer any questions. Commissioner Bristol: Asked applicant for his reason for going from separate men and women restrooms (as previously approved) to a unisex restroom? __ Tarek Berri: Responded they downslzed the store in order to get eight pumps at the location. Mr. Davasligil, Pro)ect Architect, 14122 Salton Circle, Westminster: Stated Mc Berr1's requested that the previously-approved plans be revised, therefore, they reduced the size the main store. Under the Un'rform Building Code, four or less employees requires only unisex restroom as compared to the two restrooms previously approved. Chairman Messe: Asked if the Building Code addresses only the number of employees they have and does not consider the number of customers? 05-12-97 Page 3 Mr. Davasligil: Yes, if there are four or less employees, then it only requires one unisex restroom. Commissioner Boydstun: Asked if they were going to have food prepared there? Mr. Davasligil: Responded it is basically only food service (i.e., hot dogs, hamburgers, etc.), no cooking will be done. Commissioner Boydstun: Asked if there was anyway to put that second restroom back? Mr. (Davasligil: Responded it is very dffficult without sacrificing major store functions. Commissioner Boydstun: Asked if they could do away with the food? Mr. Davasligil: Responded no. Commissioner Boydstun: Stated she could not vote for it if they do not have two separate restrooms. Tarek Berri: Stated if the Code requires only one restroom what is Commissioner Boydstun's reasoning for requesting two restrooms? Commissioner Boydstun: Responded because they have food service. Customers are going to come in and get the food and wash their hands and she does not think one is enough. Tarek Berri: Stated he has a station at Brookhurst and Broadway with the same setup and he does not have any problems. There is going to be a sink in the store area. Commissioner Bostwick: Stated that sink is for the food preparation employees. Chairman Messe: Asked if they would make that small change in square footage and add an additional restroom? Mr. Davasligil: Responded they are trying to get the proper circulation on-site traffic for gasoline service and also get ail the parking spaces that are required on the site. Their prior experience indicates that two restrooms will not be necessary are and not .required by Code. Chairman Messe: Stated it might not be necessary for a usage with that square _ footage and number of employees but they are dealing with the public coming ih, ordering food and coming in for other convenience items. Mr. Davasligil: Statedrf it is acceptable with Commission, they can provide a hand wash sink for the public service area in addition to the other requirements. Commissioner Henninger: Stated the real concern is that the female customers would not like to use a unisex toilet because they are hard to keep clean. Commissioner Bostwick: Stated 'rf there is only one restroom and it becomes out of order or dirty, the public will have no facility. 05-12-97 Page 4 Tarek Berri: Responded they will stay on top of it Just as they do on their other statigns. It will be checked on an hourly basis. If the drain gets clogged it does not take long to unplug. Commissioner Bostwick: Stated they are proposing eight pumps which could handle 16 cars. Tarek Berri: Stated ii depends on how each person looks at running their business. He has a large investment there and he had to make sure he is going to be able to provide services to the customers that come in. Commissioner Boydstun: Asked iF applicant was stating that gas is his main product? Tarek Berri: Yes. That is why they downsized the store. He feels that gas is going to benefd more but he would also want to be able to have other ways of producing income. That is why he went with the food and the propane. Chairman Messe: Stated it looks Tike he could loose one parking space and extend the building a little. Tarek Serri: Stated Code required a certain amount of parking spaces and that is what he provided. Now he has to revise the plans. He is trying to avoid a delay of returning back again. Cheryl Flores, Senior Planner, Zoning Dlfvision: Stated the plans show a cooking area. She was not certain 'rf that would help with the restroom situation. Commissioner Boydstun: Asked how are they going to prepare the hamburger and hot dogs 'rf they are not going to be cooking? Mr. Davasligil: The applicant will have some kind of fast food service. Commissioner Bostwick: What is the parking requirement for the fast food? Cheryl Flores: Stated he will meet Code requirement with the 16 spaces that includes the five for hot food. Commissioner Bostwick: Asked if one parking space was eliminated would he still meet the Code requirements? Mr. Davasligil: Stated Mr. Berrl's needs are such that every square foot is very critical to his operation. In the prior approval, there were 21 parking spaces required and it was reduced to 16 with a 2,500 square foot market building. In the event that Commission could give them a variance for the exceptign of one parking space then he could easily accommodate a second bathroom. Chairman Messe: Asked 'rf the original had a parking waivef! Cheryl Flores: Yes it did. There were 21 required with 16 granted and the waiver was approved. Chairman Messe: Asked if one parking space could be lost? 05-12-97 Page 5 Alfred Yalda, Principal Transportation Planner, Traffic Engineering Division: Indicated that he did not have a copy of the plan and so he walked over to the Commissioners to review the plans. Cheryl Flores: Stated while they are checking on that, one other item important to staff was that there be vines planted along the brick wall buildings that face the shopping.: center. Chairman Messe: Stated it was not clear from the drawings that They intended to plant vines. Mr. Davasllgil: Stated they moved the building out one foot from the property line which they will put some irrigation there, a drip system. Alfred Yalda: Stated their requirement was to reduce the number of parking spaces to 16; ff one is deleted that would make it 15. They recommend that they meet Code but that is up to Commission. Chairman Messe: Stated his understanding was that the original CUP was approved with a parking waiver. Mr. Davasifgil: Stated they would like to stay with the original request of two signs which would be about 4 feet in diameter. Cheryl Flores: Stated she understood that they would Tike to keep the same number of wall signs that were previously-approved in the original CUP. Cheryl Flores: Stated staff requests that the monument sign not exceed eight feet in height. Mr. Berri did initial the plans but they show nine foot signs. Staff prefers eight feet in height as part of the substantial conformance. Tarek Berri: Stated after Ms. Flores requested that they reduce it, he found the sign that Mobil has is a prefab sign which might require more in length. It should not be a problem fitting it in the planters as long as they keep ft out of the line of sight. The length will be 13.6 Instead of 10. 05-12-97 Page 6 D. DETERMINATION OF SUBSTANTIAL CONFORMANCE Determined to be in WITH THE GENERAL PLAN FOR THE PROPOSED SALE substantial OF COUNTY PROPERTY: County of Orange, County conformance with Executive Office, Real Estate :Division, Attn: Carolyn C. the Anaheim Ansari, Sr. Real Property Agent, 14 Civic Center Plaza, 34rd General Plan Floor, Santa Ana, CA 92701, request for determination of substantial conformance with the Anaheim General Plan for the proposed sale of County-owned property. Property is located at 1000-1010 South Harbor Boulevard. ACTION: Commissloner Henninger offered a motion, seconded by Commissloner Bristol and MOTION CARRIED (Commissioner Peraza declared a conflict of interest and Commissioner Mayer absent), that the Anaheim City Planning Commission does hereby determine that the County's proposal to enter Into an Option to Purchase Agreement with the Anaheim City Schodl District for the potential sale of the 11.68-acre parcel of land located at 1000-1010 South Harbor Boulevard is in conformance with the Anaheim General Plan, with the understanding that any use or development of the site, other than a public (school) facility, would need to be in conformance with the Anaheim General Plan and comply with the Zoning and Development Standards and Design Guidelines set forth in the Anaheim Resort Specific Plan No. 92-2, SR66651KD.WP E. CONDITIONAL USE PERMIT NO. 1424 (READVERTISEDL Approved REVIEW OF LANDSCAPE PLANS: Peter I. Cavallard, 270 South Service Road, Melville, New York 11747, requests review and approval of landscape plans for a previously approved second automotive sales dealer with accessory automotive repair. Property is located at 2221-2227 East Kateila Avenue. ACTION: Commissloner Bostwick offered a motion, _ seconded by Commissloner Henninger and MOTION CARRIED (Commissioner Mayer absent), that the Anaheim _ City Planning Commission does hereby approve the landscape plan for the refurbishment of the existing landscaping within the Katella Avenue right-of-way, including the 13 additional trees and vines planted abutting the chain link fence facing Katella Avenue. SR6653KB.WP Applicant's Statement: Doug Hadden, 2225 E. Katella, Anaheim: Stated he is representing Oxford Resources and was available to answer any questions or concerns. 05-12-97 Page 7 a. CEOA CATEGORICAL EXEMPTION-CLASS II No action b. FINAL SITE PLAN REVIEW NO. 97-08 -REVIEW AND Approved APPROVAL OF A FINAL SITE PLAN: Saga Inn, c/o Biil Hormath, 1650 South Harbor Boulevard, Anaheim, CA 92802, request for review and approval of a final site plan to install one (1) wall-mounted sign. Property is located at 1650 South Harbor Boulevard (Saga Inn). ACTION: Commissioner Boydstun offered a motion, seconded by Commissioner Henninger and MOTION CARRIED (Commissioner Mayer absent), that the Anaheim City Planning Commission does hereby concur with staff that subject .request is exempt from CEQA. Commissioner Boydstun offered a motion, seconded by Commissioner Henninger and MOTION CARRIED (Commissioner Mayer absent) that the Anaheim City Planning Commission does hereby approve the Final Site Plan (identiffed as Exhibit Nos. 1 and 2 on file In the Planning Department) based upon a finding that the Final Site Plan is In conformance with the Anaheim Resort Specific Plan No. 92-2. SR6652KD.WP Karen Dudley, Associate Planner, Advanced Planning Division: Stated the proposal is to Install one channel letter sign on the existing Saga Inn Motel that is located on the east side of Harbor Blvd. Just north on Freedman Way. The proposed sign is to advertise Avis which is an accessory use on the property. The sign meets the design criteria for the size and location of signs. Selma Mann, Assistant City Attorney stated the 10-day appeal rights. 05-12-97 Page 8 G. a. EIR NO. 311 (PREVIOUSLY-CERTIFIED) Approved b. THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92- Approved 1 -FINAL SITE PLAN REVIEW NO. 97-10 FOR HOTEL AND :PARKING DISTRICT(WEST PARKING AREA) SETBACK AREAS ADJACENT TO THE EAST SIDE OF WALNUT STREET: The Wait Disney Company, Attn: Douglas M. Moreland, Vice-President, Walt Disney Imagineedng, 700 Ball Road, Anaheim, CA 92803, requests review and approval of a Final Sfte Plan for landscaping in the Hotel and Parking District (West Parking Area) setback areas adjacent to the east side of Walnut Street between Katella Avenue and the northern Specific Plan boundary. ACTION: Commissioner Bristol offered a motion, seconded by Commissioner Henninger and MOTION CARRIED (Commissioner Mayer absent), that the Anaheim Ciry Planning Commission has reviewed the proposal and does hereby find that the previously certified EIR No. 311 is adequate to serve as the required environmental documentation for Final Site Plan Review No. 97-10. Commissioner Bristol offered a motion, seconded by Commissioner Bostwick and MOTION CARRIED (Commissioner Mayer absent) that the Anaheim City Planning Commission does hereby approve the Final Site Pian (Identified as Exhibit Nos. 1 through 5 on file in the Planning Department), based upon a finding that the Final Site Plan is in conformance with The Disneyland Resort Specific Plan No. 92-i. SR6656W.WP Applicant's Statement: Linda Johnson, Senior Planner, Advanced Planning Division:- Stated the request is for a site plan review for the setback areas on the east side of Walnut Street between Katella and the northern boundary of the Disneyland Resort Specffic Plan. It encompasses setback areas in the parking district and in the hotel district. Siaff ' reviewed the plans and finds that they are in conformance with the Disneyland Resort Specific Plan and therefore staff recommends approval of the final site plan. John Graves with the Disney Company is present to .provide further details about the plan. John Graves, Development Manager, Walt Disney Imagineering: Stated he was pleased to present the Final Site Plan for the Walnut Street setback within the Disneyland Resort. Mr. Graves stated following his presentation a presentative from SWA Group, a landscape consultant for the project, would be briefly describing the plans. The landscape plans for the setback area compliment the residential character established for the Walnut Street improvements. They also provide an effective transition between the Disneyland Resort Specific Plan and the residential neighborhoods. They have received positive feedback on these landscape plans from 05-12-97 Page 9 residents and business located along Walnut Street as part of an outreach program that was jointly sponsored by the City and Disney. They are confident that the improvements will provide significant community beneffts. David Bergstun, SWA Group, landscape architects: Stated Walnut Street is unique because it represents the western most edge of the resort and it also is a street which is adjacent to a fairly significant and Important residential community. In conformance with the Disneyland Specific Plan, the landscape achieves the layered aesthetic that as prevalent within the Specific Plan for the landscape architecture for the project. It also achieves the density which is required by the Specific Plan along its entire length from Katella to its northern most boundary. The setback conditions vary from Katella to the northern most boundary, specifically Katella to the service drive of the Disneyland Hotel is within an SCE easement and it also represents the back edge of the southern parking area. From the service drive to the Cerritos entry, the Disneyland Hotel existing landscape shall prevail in this section. North of that from the Cerritos edge to the northern most boundary there are both surtace parking and parking structure landscape requirements for that area. The Specific Plan generally has large tall vertical trees within the parkway and large evergreen canopy trees within Its median. Beyond that the setback is to achieve a faldy layered lush green look in conformance with the general resort area. The trees selected for the setback landscape within the SCE easement represents a ficus nitida with a buried ground plain which layers up to the sound wall at the parking edge. That wall will be planted with evergreen vines for its entire height. North of the Disneyland Hotel area at Cerritos the eucalyptus is continued which is an extension of the public right-of-way landscape. It meanders in its depth to compliment both the wall and parking structure on the eastern edge of that setback. The pints canariensis which is also prevalent in that area is used as a very strong vertical Evergreen component which will, at its maturity, do a good job in screening those structures as viewed from the western edge of the street. Chairman Messe: Asked regarding the SCE easement, what height are the SCE poles going to be and are the t6kV Tines going to be burled? John Graves: Responded there are three major Ifnes that run across existing Disneyland. The 66kV aloes are still being burled. The remaining 220 line will remain in an aerial configuration in the alignment approved in the Specific Plan. Chairman Messe: Asked how high are those 220 poles? John Graves: Responded 95 feet tall, similar to what is currently out there. Chairman Messe: Stated he thought they were going to come down somewhat. _ Based on past discussions, he thought they were going to be hidden well John Graves: Responded by keeping them that high you eliminate the number of poles that you need and it reduces the visual impact of the poles. Commissioner Bostwick: Asked how many of the pine trees that are presently along Walnut Street are going to maintain? John Graves: Responded they have gone through and looked and have surveyed how many can possibly be .salvaged. There are possibly four to six along the setback area in the area adjacent to the tenant land and they are still evaluating whether they 05-12-97 Page 10 can be saved. They are fairly old, mature trees and due to that the root balls would have to be cut and transplanted to a temporary sftuatlon before they can be replanted. The likelihood that they can survive is minimum but they are still evaluating this. They will try to salvage mature landscape where passible, if the material is consistent with the landscape plan palette that is proposed for Walnut Street. There are not a significant number that they see right adjacent to street that would be consistent with the landscape palette that is being proposed for Walnut Street. Chairman Messe: Asked what the timing is? John Graves: Responded Walnut Street going into construction sometime fn summer and the intention is as soon as they wall is finished that they would do some interim landscaping. The final landscaping in the setback along Walnut would go in as part of the street improvement so that they do not have to rip out something they just put fn. Chairman Messe: Stated so when the median goes in and when Cerritos is relocated it will all happen. John Graves: Responded yes, the permanent landscaping will go in as part of the street but to avoid having that wall be unbuffered, for a time befog, they are putting temporary Interim landscaping (i.e., vines and scrubs) adjacent to the wall and then hidroseeding the area until such time that they can put In the permanent landscaping, which will be irrigated. Chairman Messe: Asked if West Street will be completed when that starts? John Graves: Responded West Street comes after that. There is a different time table for West Street due to the realignment which is fairly complicated and also the lowering of the road. It would come much later, David Bergstun: Stated the interim landscape is only for the ground plant in front of the sound wall. The actual vines and scrubs at the wall would be permanently added at their installation. Selma Mann, Assistant City Attorney, stated the 10-day appeal rights 05-12-97 Page 11 PUBLIC HEARING ITEMS 2a. EIR NO. 313 (PREVIOUSLY-CERTIFIED) I Approved 2b. CONDITIONAL USE PERMIT NO. 3913 Granted OWNER: AFTAB AHMAD, 2310 West Knox Avenue, Santa Ana, CA 92704 AGENT: SCOTT K. KIME, 92 Argonaut, Suite 225, Aliso Viejo, CA 92656 LOCATION: 1100 West Ball Road. Property is approximately 0.43 acre located at the southwest corner of Ball Road and West Street. To permit an automobile service station with adrive-through self- service car wash facility. Continued from the Commission meetings of March 3, 17, April 14, and April 28, 1997. CONDITIONAL USE PERMIT RESOLUTION NO. PC97-55 SR6577KD.WP --------------------------------------------------------- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Applicants Statement: Chris Lombardi, representing the architect, SK & Company, 92 Argonaut, #225, Aliso VieJo, CA 92656: Was present to answer any questions. Aftab Ahmad: Stated he is the owner of subJect property at 1100 West Ball Road and they are applying for a conditional use permit to open a gas station on that property.. THE PUBLIC HEARING WAS CLOSED _ Chairman Messe: Asked at the wall on west side closest to the motel, is that going to be ---- planted with some sort of greenery over that wall? Aftab Ahmad: Responded yes. Chairman Messe: Asked 'rf k will be planted on both sides and they will maintain both sides of that? Aftab Ahmad: Responded they will maintain both sides. Chairman Messe: Asked what the hours of the car wash will be? 05-12-97 Page 12 Aftab Ahmad: During the daylight hours, in the summer until 7:00 p.m Chairman Messe: Asked if Mr. Ahmad had questions with the conditions that were placed on this CUP? Aftab Ahmad: Responded np. Karen Dudley, Associate Planner, Advanced Planning Division: Read into the record the following wording of a condition regarding the vines: That clinging vines shall be planted and irrigated along the entire length of the perimeter block wall along the south and west side of the building. Said vines shall be of sufficient size and spacing to cover both sides of the wall within a two year period. The property owner/developer shall permanently maintain the vines on both sides of the wall. Karen Dudley: Stated staff would also like a clarification on the hours of operation Chairman Messe: Responded 7:00 a.m. to 7:00 p.m., daylight savings time. ACTION: Determined that the previously-certified EIR No. 313 is adequate to serve as the required environmental documentation for subject request. Granted Conditional Use Permit No. 3913 with the following changes to conditlons: Modified Condition No. 16 to read as follows: 16. That the hours of operation for the drive-through, self-service car wash facility shall be limited to 7:00 A.M. to 7:00 P.M., daylight savings time. Added the following condRlon: That clinging vines shall be planted and irrigated along the entire length of the perimeter block wall located along the south and west property lines. Said vines shall be of a sufficient size, spacing and type to cover both sides of the wall within a 2-year period. The property owner/developer shall be responsible for permanently maintaining the vines on both sides of the wall. VOTE: 6-0 (Commissioner Mayer absent) Selma Mann, Assistant Ciry Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 9 minutes (2:05-2:14) 05-12-97 Page 13 3a. CEOA MITIGATED NEGATIVE DECLARATION I Continued to 3b. WAIVER OF CODE REQUIREMENTS May 28, 1997 3c. CONDITIONAL USE PERMIT NO 3910 OWNER: CLAYTON EUGENE SCARBROUGH AND DONNA JEAN SCARBROUGH, TRUSTEES; CLAYTON EUGENE SCARBROUGH, TRUSTEE, P.O. Box 18957, Anaheim, CA 92817-8957 AGENT: JACK STANALAND, 1590-10 South Coast Highway, Laguna Beach, CA 92651 LOCATION: 1400 and 1474 South Douglass Road Property is approximately 25 acres located on the east side of Douglass Road, approximately 1,080 feet north of the centerline of Kateila Avenue. To construct an approximate 362,174 square-foot entertainment complex with sales of alcohol for on-premises consumption consisting of an approximate 95-foot high lighted obelisk tower, up to 28 retail spaces totaling approximately 42,200 square feet, up to 10 restaurants totaling approximately 72,750 square feet, up to 12 nightclubs totaling .approximately 60,000 square feet, an approximate 20,659 square-foot exhibition hall, approximately 5,000 square feet of office area, and a 7-story approximate 148,750 square-foot, 300-room hotel with waivers of minimum number of parking spaces, maximum structural height, permitted encroachments into required yards, required parking lot landscaping, permitted type (marquee), permitted number, permitted square-footage and permitted height of freestanding signs and permitted number and permitted square footages of wall signs. Continued from the Commission meetings of March 3, 1997 and April 14, 1997. CONDITIONAL USE PERMIT RESOLUTION N0. SR6660DH.WP --------------------------------------------------------- - - FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. _ __ OPPOSITION: None ACTION: Continued subject request to the May 28, 1997 Planning Commission meeting in order for the applicant to complete plan revisions. VOTE: 6-0 (Commissioner Mayer absent) DISCUSSION TIME: This Rem was not discussed. 05-12-97 Page 14 4a. CEOA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) Continued to 4b. CONDITIONAL USE PERMIT NO. 3812 (READVERTISED) .June 9, 1997 OWNER: TW INVESTMENT AND IW INVESTMENT CORPORATION, c/o Kape Properties, P.O. Box 6474, Beverly Hills, CA 90212 AGENT: MICHAEL BATES/MB TECHNICAL SERVICES, 1539 West Spring Street, Long Beach, CA 90810 LOCATION: 1315-C. 1315-D. 1321. 1325. 1331 and 1341-C North Blue Gum Street. Property is 9.7 acres located at the northwest corner of Mraloma Avenue and Blue Gum Street . To expand an existing automotive van conversion and modification plant within an existing industrial park. Continued from the Commission meeting of April 28, 1997. CONDITIONAL USE PERMIT RESOLUTION NO. SR6654KP.WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Continued subJect request to the June 9, 1997 Planning Commission meeting in order for the applicant to work with staff regarding compliance with past conditions of approval. VOTE: 6-0 (Commissioner Mayer absent) DISCUSSION TIME: This item was not discussed. 05-12-97 Page 15 5a. CEQA CATEGORICAL EXEMPTION-CLASS 21 5b. CONDITIONAL USE PERMIT NO. 3928 Concurred with staff Granted for 30 months OWNER: PRAHALAD P. BHAKTA AND DARSHNA P. BHAKTA, 420 South Beach Boulevard, Anaheim, CA 92804 (To expire 11-12-99) AGENT: HITENDRA BHAKTA, 500 South State College Boulevard, #430, Orange, CA 92868 LOCATION: 420 South Beach Boulevard -Best Budget Motel. Property is 0.76 acre located on the east side of Beach Boulevard, 530 feet north of the centedine of Orange Avenue. To retain an existing 45-unit motel. Continued from the Commission meeting of April 28, 1997. CONDITIONAL USE PERMIT RESOLUTION NO. PC97-58 SR6485DS.WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Applicant's Statement: Hitendra Bhakta, 500 North State College Blvd., Sufte 430, Orange, CA, agent for the property owner: Stated the owner is seeking to have continued use of his 45-unR motel property. Chairman Messe: Asked if Mr. Bhakta had any comments relative to the staff report? Hitendra Bhakta: Responded he had nothing further to add to the staff report. THE PUBLIC HEARING WAS CLOSED Commissioner Boydstun: Stated she would Ilke to see a time limit placed on this of 2%s Yeats (30 months). Chairman Messe: Stated he thought Condtion No. 3 should be changed in the event the Police Department feels it is not necessary for them to have a 24-hour guard, that the Police would determine as to the number of guards and the hours. Cheryl Flores, Senior Planner, Zoning Division: Stated there Is a standard condition that addresses this. Would that be done within 30 days of the approval? Chairman Messe: Responded he thought there was already a security guard. 05-12-97 Page 16 Hitendra Bhakta: Asked if the Commission would entertain a length of 60 months (5 years). The reasoning for this is this is a fairly costly procedure in terms of the CUP application process. If there is a problem with the current property owners he Is almost certain staff would bring it to their attention in terms of a violation and they could then be brought up prior to the 60 months if that becomes an issue. Commissioner Bostwick: Stated he preferred the 30 months due to it being costly for the City to do all the documentation and to bring this back before the Commission if there is a problem. Commissioner Henninger: Stated he also agreed perhaps at the end of the 30 months they could consider the 5 year period. Hitendra Bhakta: The current owners have attempted to change the entire face of the property and the business and they will continue to do that. The nature of the business has changed, the family now Ilves on the premises and it is going to change for the better. Commissioner Henninger: Stated regarding the security guard, if there is a concern about costs perhaps the easiest way to control costs would be to do a very good job so they Police Department would feel they do not need a security guard and so there would be that savings. Cheryl Flores: Stated on Condition No. 11 staff recommends removal of graffiti so that it would occur wthin 24 hours of occurrence rather than the 48 hours that is shown and also that Condition No. 17, number 11 be deleted. To add a new condition that would state that the subject property would be developed as conditioned and in accordance with the plans that have been submitted to the City. ACTION: Concurred with staff that the proposed project falls within the definition of Categorical Exemptions, Class 21, as defined In the State EIR and is, therefore, categorically exempt from the requirements to prepare an EIR. Granted Conditional Use Permit No. 3926 for 30 months with the following changes to conditions: Modified Condition Nos. 3, 11 and 17 to read as follows: 3. That a minimum of one (1) licensed uniformed security guard(s), approved by the Anaheim Police Department, shall be provided on the premises specifically to provide security, and to discourage vandalism, trespass and/or loitering upon or adjacent to the subject property. Sa1d security " guard shall remain on-duty as determined to be appropriate by the Anaheim Police Department. - 11. That the landscaping shall be permanently Irrigated and maintained by providing regular landscape maintenance, regular removal of trash or debris, and removal of grafFiti wthin twenty four (24) hours from the time of occurrence. 17. That Condition Nos. 1, 2, 14 and 15, above-mentioned, shall be completed within a period of th(rty (30) days from the date of this resolution. 05-12-97 Page 17 Added the following conditions: That subject property shall be developed as conditioned and substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department. That subject use permft is hereby approved for a period of thirty (30) months, to expire on November 12, 1999. VOTE: 6-0 (Commissioner Mayer absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 8 minutes (2:14-2:22) 05-12-97 Page 18 6a. CEQA NEGATIVE DECLARATION Approved 6b. CONDITIONAL USE PERMIT NO. 3929 Granted w/out alcohol 6c. DETERMINATION OF :PUBLIC CONVENIENCE OR NECESSITY Denied NO. 97-OB OWNER: F.J. HANSHAW, ENTERPRISE, INC., 10921 Westminster Avenue, Garden Grove, CA 92843 AGENT: DESAPRIVA JINADASA, 2930 West Lincoln Avenue, #1, Anaheim, CA 92803 LOCATION: 2930-1 West Lincoln Avenue -Cheers Market. Property is 0.89 acre located on the south side of Lincoln Avenue, located 200 feet east of the centedlne of Laxore Street. To permit a 2,400 square foot convenience market within an existing commercial retail center with sales of alcoholic beverages for off-premises consumption and to determine public convenience or necessity for retail sales of alcoholic beverages for off-premises consumption. CONDITIONAL USE PERMIT RESOLUTION NO. PC97-57 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY RESOLUTION NO. PC97-58 SR6479DS.WP FOLLOWING fS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: 1 person (Mr. Bahlm) spoke In opposition. Applicants Statement: George Casto, representing F.J. Hanshaw Enterprises, on behalf of the petitioner: Stated they have owned the property for approximately 18 years. It has always been a liquor store. They are requesting a liquor license because previous owner filed for bankruptcy and that is why it has taken so long to bring it before Commission. Desapriva Jinadasa, owner of Cheers Market: Stated he is requesting that CUP 3929 be approved to sell alcoholic beverages as a general liquor license. Aliad F3ahim, owner of the building adjacent (west) to subject property: Stated adding a liquor license would only add more problems to the area which has had a history of drug dealing. They had some private security and they had public phones but had those removed because the phones attracted the bad elements. Approving another liquor license would add to the amount of people that would loiter and drink all day long. Chairman Messe: Stated he understands one of his tenants also sells beer and wine. 05-12-97 Page 19 Aliad Bahim: Responded yes. Applicant's Rebuttal: George Casto: Stated they were there .before the market next door was there. They have repainted the whole center. Staff made a recommendation that the back lot be paved because they have people that live in the back half of the property. They have their own private security that covers all their centers in Anaheim (five centers). They have never had a problem at the center. He understands what Mr. Bahim mentioned drinking but if they would check with the Police Department, the problem is on his property and not on their property. THE PUBLIC HEARING WAS CLOSED Tom Engle, Vice Detaii, Police Department: Stated the crime rate of 229°~ above average speaks for itself in that area. There are presently four (4) off-sale licenses allowed and there are already five (5) licenses in that census track. The Police Department is still recommending denial of the application. Chairman Messe: Asked if the five in existence did not include the present applicant? Tom Engle: Responded that was correct. Commissioner Henninger: Asked where the existing five licenses are located? Tom Engle: Stated there is a memo in the staff report regarding this. The Flash Min-Mart at 2950 West Lincoln, Lincoln Liquor at 2801 West Ball Road, Nippon Food Mart at 2935 West Ball Road and the Circle K Market at 524 South Beach 81vd. There are also other location that are not necessarily in that track but are within walking distance of that location where alcohol is available, they are: Stagecoach Liquor at 2701 West Lincoln, Papa Joe's Liquor at 2745 West Lincoln, Thrifty Gas at 2811 West Lincoln, Viking Liquor at 2837 West Lincoln, Pappillon Market at 3070 West Lincoln, another Thrifty Gas at 117 North Beach Bivd., and Ralph's Market at 121 North Beach Blvd. Commissioner Henninger: Stated at the last meeting there was a request for a liquor license even though there were quite a few licenses in that district; the one that they voted on was off by itself, at the far end of the census track and Commission voted to approve that. But in this case there is are many liquor stores in all around this location. Bruce Freeman, Code Enforcement Supervisor, Code Enforcement Division: Stated one of the problems that adds to the Increase in crime statistics In that area is the high density of apartments that are directly south of that location as well as very large apartment complexes __ directly east of the location as well. There has been a constant problem with the apartments in the back where people would actually Jump the wall to come to the liquor store. This has been an extremely hard hit location. Tom Engle: Stated the Police Department would like to be put on notice that there were petitions submitted and signed by the residents in the neighborhood requesting that this CUP not be approved. Mr. Jinadasa was given a copy of the petitions since he had not received a copy. 05-12-97 Page 20 Cheryl Flores: Stated on Condition No. 12 they need to add Variance No. 1561 as shown on page 2 of the staff report. Also that Condition No. 12 be added with the timing on Condition No. 14. Desapriva Jinadasa: Stated we need to think about public convenience for the public and the .necessity that there are so many apartments in the area. He felt that the mini market has taken advantage the situation and have raised prices. Neighbors have asked him to open a store.' He asked that his request for a general liquor license be reconsider. ACTION: Approved Negative Declaration Granted Conditional Use Permit No. 3929 without the sale of alcoholic beverages and with the following changes to conditions: Mod'rfied Condition Nos. 12 and 14 to read as follows: 12. That the legal property owner shall submit a letter requesting termination of Variance No. 934 (to construct two freestanding signs located 30 feet from the front property line for a real estate office), Variance No. 843 (to construct and operate a 60-unit motel), and Variance No. 1561 (to waive the construction of a 6-foot high block wall along the east boundary of the subject property) to the Zoning Division. 14. That prior to the commencement of the activity authorized by this resolution, or prier to final building and zoning inspections, whichever occurs first, Condition Nos. 1, 3, 4, 5, 11, 12 and 13 above-mentioned, shall be complied with.. DENIED Determination of Public Convenience or Necessity No. 97-08 on the basis that there are a lot of businesses in the area that sell alcohol. VOTE: 6-0 (Commissioner Mayer absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 16 minutes (2:22-2:38) 05-12-97 Page 21 7a. CEQA MITIGATED NEGATIVE DECLARATION I Approved 7b. WAIVER OF CODE REQUIREMENT Approved 7c. CONDITIONAL USE PERMIT NO. 3930 Granted OWNER: CALIFORNIA STATE TEACHERS RETIREMENT SYSTEM, A PUBLIC ENTITY, Attn: James D. Mosman, Chief Executive Officer, 7667 Folsom Boulevard, Sacramento, CA 95826 AGENT: DONAHUE SCHRIBER, Attn: Mark L. Whitfield, 3507 Jamboree Road, Suite 300, Newport Beach, CA 92660 LOCATION: 680 North Euclid Street. Property Js 8.82 acres located at the northeast corner of Crescent Avenue and Euclid Street. To permit a 3,000 square foot drive-through restaurant with an outdoor dining area with waiver of minimum drive-through lane requirements. CONDITIONAL USE PERMIT RESOLUTION NO. PC97-59 SR6638KP.WP --------------------------------------------------- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION OPPOSITION: None Applicant's Statement: Ernie Webber, wkh Donahue Schrlber, 3501 North Jamboree Rd, Suite 300, Newport Beach, CA, Construction Manager for the project: Stated they agree with stafFs recommendations and is available to answer any questions. THE PUBLIC HEARING WAS CLOSED Cheryl Flores, Senior Planner, Zoning Division: Stated staff would Tike to make a correction on the staff report on page 8, Item No. 24,8-2. On the last sentence there should be a period after_ _ the word 'Yulfilled" and the rest of the sentence deleted ("two service windows with the first device located 70 feet from the ordering device, and the second 94 feet from the device"). Chairman Messe: Asked what was the justification for the waiver of Code and whether he could increase the length of the drive-through lane? .Ernie Webber: Responded the site is very constrained for the area allowed to the tenant. They worked to achieve the 100 feet from the first window but not from the second window, there is not enough room to do that within the site. He has been working with the tenant to try to allow him to construct their restaurant with a configuration where he can get an indoor and Indoor dining and to be able to have the drive-through and to stay within the limitation of a couple of 05-72-97 Page 22 their other tenants who have site view corridor restrictions within the overall leasing of Anaheim Plaza. He was forced to be as close to the north as possible and still allow adrive-up operation and so they tried to squeeze every foot that they could in every direction to be able to achieve 100 feet as it currently is. If the drive-up window was lengthened on the east side of the building rt would literally obscure his building from the rest of the shopping center just by the vehicles themselves. He would also have to eliminate the outdoor dining. Chairman Messe: Asked ff cars piled up in the drive-through lane the queue would be where? Ernie Webber: Responded it would be internal to the parking lot. It would wind up on the east west circulation road. Chairman Messe: Asked if it would not be in the public right-of-way but rather i[ would be on the parking lot? Ernie Webber: .Responded correct. Chairman Messe: Stated he has seeri some very successful drive-throughs where they did not have our ordinance in affect and he has seen cars out in the roadway and that is dangerous. Commission then reviewed the plans and the faxed copy which Mr. Yalda referenced. Cheryl Plores: Stated there is a correction to Condition No. 3, it states a 6-foot inner, (t should be 16-foot inner radius. Asked if Commission would want to consider a 3-foot high berm adjacent to Euclid Street, which is not a part of the original CUP landscape requirements for the Anaheim Plaza? On Condition No. 8 that the address numbers that are meant to be for the Police Department purposes on the roof should not be visible from the ground level. ACTION: Approved Mitigated Negative Declaration Approved Waiver of Code Requirement Granted Conditional Use Permit No. 3930 with the fallowing changes to conditions: Modified Condition Nos. 3 and 8 to read as follows: 3. That prior to the issuance of a building permft, the drive-through lane shall be reviewed and approved by the Ciry Traffic and Transportation Manager. T_ he drive-through land shall be configured with a 16-foot inner and a 26 fodt outer turning radius. 8. That 3-foot high address numbers shall be painted on the roof in a contrasting color to the roofing materials. Said address numbers shall not be visible from ground level. 05-12-97 Page 23 Added the following condition: That a 3-foot high .berm shall be planted next to the drive-through lane adjacent to the west property line, abutting Euclid Street. VOTE: 6-0 (Commissioner Mayer absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 8 minutes (2:36-2:46) 05-12-97 Page 24 8a. CEOA NEGATIVE DECLARATION Approved 8b. WAIVER OF CODE REQUIREMENT Approved 8c. CONDITIONAL USE PERMIT NO. 3931 Granted OWNER: WINSTON ASSOCIATES, 735 Town and Country Road, Sufte 140, Orange, CA 92668 AGENT: ELLWIN E. ASHWILL, 735 Town and Country Road, Suite 140, Orange, CA 92668 JOHN VUCICH, 1091 Gene Autry Way, Anaheim, CA 92805 LOCATION: 2411 East Winston Road. Property is 0.57 acre located at the northeast corner of Simpson Circle and Winston Road. To permit an automobile and marine repair facility within an existing 9,908 square-foot industrial building with waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. PC97-60 SR6614JK.WP --------------------------------------------------- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION OPPOSITION: None Applicant's Statement: John Vucich, Automotive Center, 1091 Gene Autry Way, Anaheim: Stated he is proposing to get a permit for an automotive center and maintenance repair facility. THE PUBLIC HEARING WAS CLOSED Cheryl Flores, Senior Planner, Zoning Division: Stated on Condition No. 5, ft states that the wall signage should be limited to the existing cabinet signs the south and the west elevation. It might be appropriate to say or any other signage as reviewed and approved by the Planning _ Commission as a Reports and Recommendation item, so that it would not be so restrictive. On Condition No. 14 they would like to delete that and include all of the conditions in No. 15 as follows: 5, 7, 8 and 12. Staff would like to add a condition that states there should be no auto body or painting work permitted as stipulated by the applicant. Chairman Messe: Asked the applicant if he had a problem with the last condition. John Vucich: Responded he did not have any problems with that condtion. Chairman Messe: Stated he noticed a discrepancy between the parking study and the operating statement about the number of employees. p5-12-97 Page 25 John Vucich: Responded he had up to six employees. Currently he is at four employees. The reason he is .moving is due to Cal Trans moving his business. In his move he is more interested regarding his new equipment that he Is getting in his new business than Increasing the business. Chairman Messe: Asked Mr. Yalda if he had a problem with six employees. Alfred Yalda: Responded no not at all. They looked at the parking study and they did take in consideration six employees so that is fine. ACTION: Approved Negative Declaration Approved Waiver of Code Requirement Granted Conditional Use .Permit No. 3931 with the following changes to conditions: Deleted Condtion No. 14 Modified Condition Nos. 5 and 15 to read as follows: 5. That signage for subJect facility shall be limited to that shown on the exhibits submitted by the petitioner indicating one 4-foot high by 6-foot wide monument sign. Wall signage shall be limited to the existing cabinet signs on the south and west elevation or any other signage as .may be .reviewed and approved by the Planning Commission as a Report and Recommendation Item. 15. That prior to commencement of the activity authorized by this resolution, or prior to final building and zoning Inspections, whichever occurs first, Condition Nos. 5, 7, 8, 12 and 13 above-mentioned, shall be complied with. Added the following condition: That there shall be no auto body or painting work permitted as stipulated by the applicant. VOTE: 6-0 (Commissioner Mayer absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 7 minutes (2:46-2:53) 05-12-97 Page 26 9a. CEOA NEGATIVE DECLARATION Continued to 9b. WAIVER OF CODE REQUIREMENT June 9, 1997 9c. CONDITIONAL USE PERMIT NO. 3932 OWNER: ATLANTIC RICHFIELD COMPANY, Attn: Paul Loubet, P.O. Box 2485, Los Angeles, CA 90051- 0485 AGENT: RHL DESIGN GROUP, Attn: Monica Maa or Tom Riggle, 1201 South Beach Boulevard, #207, La Habra, CA 90631-6366 LOCATION: 1201 South Brookhurst Street -Arco Service Station. Property is 0.60 acre located on the southwest corner of Brookhurst Street and Ball Road. To permit the expansion of an existing service station to include a convenience market with retail sales of beer and wine for off- premises consumption with waivers of minimum structural setback adjacent to residential zone boundaries and minimum retail sales floor area. CONDITIONAL USE PERMIT RESOLUTION NO. SR6491 DS.WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Continued subject request to the June 9, 1997 Planning Commission meeting in order to allow additional time for the applicant to address comments received from staff, VOTE: - 6-0 (Commissioner Mayer absent) DISCUSSION TIME: This item was not discussed. 05-12-97 Page 27 10a. CEQA CATEGORICAL EXEMPTION-CLASS 1 Continued to i0b. CONDITIONAL USE PERMIT NO. 3933 May 28, 1997 OWNER: JOHN MICHAEL TRIPLETT, 5680 Pine Court, Cypress, CA 90630 LOCATION: 27742780 West Lincoln Avenue. Property is 0.5 acre located on the west side of Lincoln Avenue, approximately 250 feet east of the centerline of Dale Avenue. To convert a former delicatessen Into seven (7) office unfts on a property also developed with a single family residence. CONDITIONAL USE PEAMIT RESOLUTION NO. SR6656DH. WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Continued subject request to the May 28, 1997 Planning Commission meeting in order for the applicant to make corrections to the building and landscape plans. VOTE: 6-0 (Commissioner Mayer absent) DISCUSSION TIME: This item was not discussed. 05-12-97 Page 28 11a. CEOA NEGATIVE DECLARATION Continued to 11b. RECLASSIFICATION NO 96-97-07 May 28, 1997 OWNER: NEWPORT FEDERAL, Attn: M.G. Horning Jr., President, 4425 Jamboree Road, #250, Newport Beach, CA 92660 AGENT: JAMES R. GILL, 4425 Jamboree Road, #250, Newport Beach, CA 92660 LOCATION: 1380 East Sanderson Avenue. Property is 4.8 acres located at the westerly end of Sanderson Avenue, 690 feet west of the centerline of Phoenix Club Drive. To reclassify this property from the ML (Limited Industrial) to the CL (Commercial, .Limited) Zone. RECLASSIFICATION RESOLUTION NO. SR6659KP.WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Continued subject request to the May 28, 1997 Planning Commission meeting in order for the petitioner tp submit additional information pertaining to the title report for this property. VOTE: 6-0 (Commissioner Mayer absent) DISCUSSION TIME: This item was not discussed. 05-12-97 Page 29 12a. EIR NO. 319 (PREVIOUSLY-CERTIFIED) Approved 12b. GENERAL PLAN AMENDMENT NO. 345 Recommended adoption to CC 12c. RECLASSIFICATION NO. 96-97-06 Granted 12d. VARIANCE NO. 4303 Granted 12e. REQUEST FOR CITY COUNCIL REVIEW OF ITEMS 12a 12c Approved and 12d OWNER: IDM APARTMENTS CORPORATION, 2424 Southeast Bristol Street, #200, Newport Beach, CA 92660 MR. & MRS. ROBERT WHITE, 1275 Railroad Street, Corona, CA 91720 LOCATION: 714 North Brookhurs4 Street. Property is 9.45 acres located at the northeast corner of Gramercy Avenue and Brookhurst Street. To amend the Land Use Element of the General Plan to redesignate the subject property from the General Industrlal land use designation to the General Commercial land use designation. To reclassify subject property from the ML (Limited Industrial) Zone to the CL (Commercial, Limited) Zone. To approve waivers of minlmum parking lot landscaping and minlmum number of parking spaces to construct a 105,984 square-foot home improvement sales building with a 24,723 square-foot garden center (Home Depot). GENERAL PLAN AMENDMENT RESOLUTION NO. PC97-61 RECLASSIFICATION RESOLUTION NO. PC97-62 SR6645KB.WP VARIANCE RESOLUTION NO. PC97-63 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. IN FAVOR: 3 people spoke in favor. OPPOSfT1ON: 1 person spoke in opposition. Rob Zur Schmiede, Redevelopment and Property Services Manager, Community Development Department: Stated there were two representatNes from Home Depot earlier and perhaps were out in the lobby area. Chairman Messe: Announced a five minute recess. 05-12-97 Page 30 Francis Chu, Champion Arch(tects, 15101 Red Hill Avenue, Tustin, CA 92780: He thanked the staff for working with them on a site plan that works both for them as well as the City. Mr. Chu stated basically their Idea was to provide safety for both their customers as well as their operations. Separating customer vehicles away from the function and service of the project. There were a couple of concerns regarding the condition of approval. On page 10, of the staff report, under Recommendation, Item No. 38, D-1, relating justification to landscaping. Theyfeit that the landscaping in question on the parking aisles on the perimeter of the project does provide adequate landscaping screening. Any more landscaping and they would be provided to the site would reduce, the number of parking that they have available on-site. They are requesting a parking variance. Their current variance is for 551 parking spaces in order to put additional landscaping Islands. That would reduce their parking to 538. Another issue is on the east side along Valley Bivd., they are currently working wRh the property owners to the east of Valley Street, industrial park owners, to come up with a resolution to screen the back of the store. Their concern was that they did not want to see the activity that Is going on behind Home Depot. They are currently working with them to provide some sort of a screening method. That in itself could suffice to screen the parking lot. That would also defeat the purpose of providing any landscaping on the east side of Home Depot. On page 11, CondRion No. 7 regarding the 50-foot high freestanding pole sign. They understand that Cal Trans has plans to Improve the intersection and also the overpass on Brookhurst would be reduced In terms of the slope thereby visibility of the store. A passenger driving southbound on Brookhurst overpass, due to the angle and the slope of the ramp, they would not be able to see the Home Depot until they drive all the way to Sequoia. On page 11, under conditions for the Variance, Item No. 1, related to "Outdoor Seasonal Sales Area". They also request that they be allowed to use that area for summer sales. Dr. Rita Newman, Anaheim Union High School District, Business Services: Stated she thanked the Redevelopment Agency for allowing them the opportunity to look at traffic flow and work with them on behalf of this new addition for Home Depot. They were in agreement with the median down from Sequoia to Crescent Avenue and that will assist them in traffic flow in and out of Brookhurst Jr. High School. John Evans, Manager for Lets Store It Self Storage (located just north of the proposed Home Depot: Stated they are very much In accordance with the proposal. They believe it will upgrade the area and they are very happy that Home .Depot wants to locate there. They also think it will improve their business. However, he did have a question. Going south on Brookhurst on the overpass, there is a left hand turn that goes directly into their driveway. A great deal of their business come from the north and .makes a left hand turn Into their driveway. Will there be a median at Sequoia? Alfred Yalda, Principal Transportation Planner, Traffic Engineering Division: Stated he made 8 correction that the design of that signal would be as such that it would provide a type of U-turn closer to their driveway but just putting the raised median line ending right at their driveway may - not create a safe situation. For example, an .Individual may want to make a left hand turn to Home Depot and you have a person in front of him stop to make a left hand turn to your side. So operationally that is not going to work. They are looking at designing it as such that there will be access to be able to tum into their driveway as well as the customers going into Home Depot. John Evans: Asked to confirm that there will be a U-turn involved Alfred Yalda: Responded that Is correct. 05-12-97 Page 31 John Evans: Asked regarding the light, will there will an allowable U-turn there as opposed to just a left hand turn. Alfred Yalda: Responded if you do not restrict the U-turn that means you can make the U-turn. Public Testimony: Jay Zambrodian, 100 S. Brookhurst St., Anaheim: Stated he owns the property at 612-626 North Brookhurst. He purchased the property with the Intent of moving his current business there when the lease expired. Subsequently, Home Depot informed him they were interested In purchasing the property then entered Into negotiations. These negotiations were not productive. Negotiations finally ended with Home Depot saying they were not Interested in the property. He stated his concerns with the project, first he opposed the Installation of the median island at Brookhurst Street because it would Ilmft the access to his property from south bound Brookhurst and also prohibit left turning out of his property onto Brookhurst Street. In December of 1996, the City Council authorized the Redevelopment Agency to pursue the General Plan Amendment to commercial and was given a map as an exhibit. It clearly showed all areas which included the properties on the east side of the Brookhurst except for vacant land, designated for an apartment. Anew GPA includes everything except his small parcel. He felt this did not make sense. Chairman Messe: Stated ft is the intent of the Planning Commission to bring the rest of that property back to them in two weeks which will be an advertising public hearing and suggested that he be there at that meeting. Jay Zambrodian: Stated if you look at the General Plan Designation along the east side of Brookhurst you can see that everything north of Crescent is Multi-Family Residential. His parcel is currently designated as General Industrial. If the plan is approved it will be nothing short of reverse spot zoning. He does not believe the City would find R beneficial to have residential, industrial and commercial all within a few 100 feet around Brookhurst. He felt his property should be included in the General Plan Amendment. It is in the best interest to have an effective General Commercial Designation so it Efts adjacent properties. Trish Allen Nesh, Property Manager for T.A. Realty Associates, the owner of the industrial complex on the east side of the proposed development on Valley Street: Stated she was in support of the development of Home Depot, however, she also expressed a concern regarding the proposed screening along Valley Street. They are concerned the trash container and any debris from that area may come onto their property which would create unslightlyness, if maintenance is not handled in a proper fashion. They would like to .propose a green mesh .material approximately 6 to 7 feet in height to restrict the view of this activity. She understands there is a landscape plan in place showing the planting of trees every 5 feet and they are _ concerned that the trees will not catch the debris and as a .result will blow over to their property. Jeff Nichols, the Real Estate Manager for Home Depot USA, Western Region: He thanked staff for the mutual effort that they all have been able to make in coming before Commission. He stated their consultant team was present and available to answer any questions. Chairman Messe: Asked if the petitioner would like to address the concerns addressed by their neighbors? 05-12-97 Page 32 Applicant's Rebuttal: Jeff Nichols: Stated Francis Chu alluded to the fact that they do have a concern and they were under the Impression that they were going to deal with that through landscaping and she just voiced an opinion that she does not necessarily find that sufficient. Francis Chu: Stated they are working with the property owners next to them in terms of coming up with a mutual resolution. The ideas came up of a high structure that goes up to 5 to 6 foot tall densely populated. The secondary option was a very dense mesh material with some .sort of vine pockets so they can to create a landscaping type barrier. Commissioner Boydstun: Asked if it comes in green? Francis Chu: Responded yes, they are still working on the color. It could be green. Chairman Messe: Asked whether that is the fencing that they have in mind for the garden area? Francis Chu: Responded that Is the fencing that they are proposing in the garden center. Rob Zur Schmiede, Redevelopment and Property Services Manager, Community Development Department: Stated as he understands It the landscaping plan will return to Commission as a .Reports and Recommendation item. Regarding the landscape and density issue, one of the options on the elevation that has been discussed concerns the building face itself. It will be a concrete upper block type construction. They have suggested looking into the installation of vine pockets along that east wall so that the building face itself would eventually be covered with vines from the east elevation. In addition to the modification of the landscape setback itself along Valley. One of the constraints presented by Valley Street in this location is the requirement that a sidewalk be placed in the setback area. That is one of the reasons why this edge has proven to be very tight to deal with, otherwise there would be another 5 feet. Chairman Messe: Asked if that meant that Engineering is not granting sidewalk waivers at this time? Rob Zur Schmiede: Stated yes that is his understanding. Linda Siegel, Associate Civil Engineer, Public Works Department: Stated the property owners needs to prove a sufficient hardship in order to get the waivers granted. Generally, the City has determined that sidewalks are a good thing to have and they are trying to restrict the number of waivers and also they are going to be pulling some waivers. It was mentioned in apre-meeting about some bus stops in the areas and where pedestrians walk from the bus stops along these streets. Alfred Yalda: Stated they are trying to encourage more use of transportation and be pedestrian friendly. Most of the industrial .area they have some area sidewalks. In areas where there is no sidewalk, people tend to walk in the street. They want to provide pedestrians with a safe area to walk to their destination. In this case it would be Home Depot and any other industrial property. THE PUBLIC HEARING WAS CLOSED Cheryl Flores, Senior Planner, Zoning Division: Stated on Condition No. 3 staff requests to add the wording: "..... prohibiting the removal of carts from the property. 05 12-97 Page 33 On Condition No. 5 stated it would help regarding the testimony as far as the green fabric to screen the trash compactors from Valley as part of the building elevation plans staff had discussed as being resubmitted as a Reports and Recommendation and to include a block wall adjacent to the trash compactor areas so ft would be invisible from Valley Street. On Condition No. t3 suggests rewording: 'There shall be no fenced or unfenced or otherwise enclosed area for outdoor storage uses or display with the exception of the garden center and by approval of a Special Event Permit". Staff feels strongly that the outdoor display should be limited to what is allowed by a Special Events Permik. On Condition No. 27 should state that the 3-foot high address numbers shall not be visible from the ground level. They are meant to be viewed from the roof by the Police helicopter. On Condition No. 31 staff would like to add Condition No. 28, as well leaving Condition No. 28 in Condition No. 32, so it can be reviewed at both points. It has to do with the installation of landscaping and island at Brookhurst. On Condition No. 32 staff would like to delete No. 1 from the timing of this condition since that is ongoing. Ms. Flores stated IasUy, since the applicant has stated that the tow yard facility to the :north will be demolished to make this improvement, that the conditional use permits pertaining to same regarding to Conditional Use Permft No. 2604 and 2802 be terminated. Also since it states on the plans that the billboard it will not be there, that Conditional Use Permit No. 2958 be terminated. Commissioner Henninger: Asked for a clarification from Ms. Flores on regarding Condition No. 1? How many Special Events Permits are allowed per year? Cheryl Flores: Responded four per year in nine day increments. Commissioner Henninger: Asked if the intent of this condition is to modify what they are allowed to have in special events? Cheryl Flores: Responded typically with a Special Events Permit it allows four per year in nine day increments (36 days) plus a Christmas tree lot from Thanksgiving to December and a Pumpkin Patches lot. Basically, that would make it four permits plus the Christmas tree lot .and Pumpkin Patch, lot making it a total of six permits. Commiss.yner Henninger: Returned to his previous question and asked if the Intent of this - condition does not in anyway modify the normal special events allowed? Cheryl Flores: Responded no it will not. Commissioner Henninger: Suggested to rewrite the condition to indicate that there will be no use of this outdoor seasonal sales area except by a Specials Event Permit. Gheryl Flores: Responded that would work as well, that would clarify the condition. Commissioner Henninger: Asked Ms. Flores for a clarification on Condition No. 5? Cheryl Flores: Responded the chainlink fencing and the fabric displayed are the choices for the 05-12-97 Page 34 outdoor garden center which is in a different area. We were talking about the trash compacted area facing Valley Street, there is a possibility to extend the building. When the building elevation plans are resubmitted for Commissions review they could also take care of the view of the trash compactor at that time extending a block wall. Commissioner Henninger. Asked 'rf staff would accept this denser fabric around the garden ' center? Kevin Bass, Associate Planner, Zoning Division: Stated staff has tried to encourage Home Depot to change its design in order to use rod .iron as opposed to a metal chainlink type of fabric and columns or other concrete. Commissioner Henninger: Stated there had not actual been a discussion on this. Kevin Bass: Stated staff is not encouraging a metal fabric for the enclosure of the garden center. Staff is asking that they come back as an R&R to bring in some other type of material for enclosing the garden center. Commissioner Boydstun: Referred to a Home Depot at the Inland Empire where they used pillars and rod Iron? Kevin .Bass: Stated he has seen other Home Depot facilities where they have used rod iron and it looks very nice. Chairman Messe: Asked what seems to be the objection? Kevin Bass: Responded the basic premise that the chainlink was not desirable at the Lincoln location and that the enhancement of Brookhurst Commercial Corridor Area they felt that rod iron would lend itself towards the architectural enhancements of the project. The two seem to go hand-in-hand. This is the opportune time to make those Improvements. Commissioner Henninger: Asked the Home Depot representatives what their thoughts were on the staff recommendation? Francis Chu: Stated there is a difference of opinion. The material they are proposing provides the kind of screening the City is looking for. For security reasons they would still have to put a mesh behind it. He would still like to propose the use of the fabric material. Mr. Chu felt it works much better than the wire fenc(ng since two different materials are needed. Commission Boydstun: Stated she could see their security concern with rod iron Commissioner Henninger: Stated perhaps with the columns and the heavier mesh it might -" provide better screening than rod Iron. Commissioner Boydstun: Asked if staff was going to bring the rest of that property forward at Commission's May 28th meeting? Cheryl Flores: Responded yes, that was correct. Commissioner Bostwick: Stated regarding the landscape and the parking lot, the only two areas that are not now in conformance would be right the end of the handicapped and another one out in the middle. 05-12-97 Page 35 Commissloner .Boydstun: Asked if perhaps trees like the ones at Anaheim Plaza, those do not take up any room. In this case would not take any parking away. Those look nice and they seem to work there. Cheryl Rores: Stated this requires a 48 square foot landscaped planter with a minimum dimension of five feet. Commissloner Boydstun: Asked how it was done at the Anaheim Plaza? Cheryl Flores: Responded those that are smaller than that meet the requirement of one tree per 3,000 square foot of parking lot area. They are in excess of the landscaped planters that are required to separate ten contiguous spaces. Commissioner Boydstun: Asked how many would be needed for that type In order to make this work? Cheryl Flores: Responded she believed they counted 13 landscaped planters that were needed Chairman Messe: Stated the applicant indicated that he would loose 13 spaces. Commissioner Boydstun: Asked couldn't another type be put in those areas? Kevin Bass: Stated reducing the size of the landscape towards the standard use of Anaheim Plaza would actually require a variance because of the dimensional standards as shown in Code. It would require a readvertlsement to use those. Greg Hastings: Stated he believe it would be covered under the existing waiver but still a waiver would be necessary. Chairman Messe: Stated it could be covered by what they have here and would not have to readvertise. Greg Hastings: Responded that is correct. Commissioner Boydstun: Asked Mr. Chu how he felt about adjusting that so that they had landscaping and asked 'rf he was familiar with the Plaza? Francis Chu: Responded he has been there but could not recall off-hand how the landscaping layout is. Their initial proposal was to provide a diamond planters, typically they are 5 by 5, located thJoughout the parking lot. That has been used at a number of shopping centersand they thought it was adequate for this proposal. What they are looking for is providing an additional 13 trees or planters. -- Chairman Messe: Asked ff it is known what Cal Trans is .planning to do at the site of the reconstruction of the freeway? Alfred Yalda: Responded he did have the plans, however, he did not have them with him. In coming down the bridge going southbound, it is a downhill slope, at the crest of the bridge you will be able to see down. That would be between 100 to 500 feet north of Sequoia, depending on the location of the bridge. 05-12-97 Page 36 Commissioner Bristol: Stated the worst case scenario, they could possibly miss Sequoia if they did not see it but have another entrance at Gramercy. Alfred Yalda: Stated that is correct. Commissioner Bostwick: Stated but there is going to be a divider. There Is not going to be anyway to turn left on Gramercy. Alfred Yalda: Stated no. They discussed this Issue previously with Home Depot and all the property owners. They would like to work with all the property owners. It Is a safe design to provide adequate access. The school district was In supportive. Many times they are supportive but once the actual plans come through then the school principal or the parents are generally the person(s) who may later have objection. So they try to be very cautious In installing any type of raise median island. If they continue a raised median Island on Brookhurst Street, then traffic will be diverted at Sequoia. It may not be a good idea having a 40 foot long trailer standing there to make a left turn there which ft will take a long time for them to do that. Currently, the are looking at a modified median Island but they will work with the Redevelopment Agency and all the property owners. If everyone agrees to come up with some kind of plan that would provide adequate median Island but also does not prohibit all the turning movements for other properties In question. Commissioner Boydstun: Stated if they miss Sequoia then they have another entrance at Gramercy. Alfred Yalda: Stated that was correct. That is what they want a left turning signal lights southbound to Gramercy. Rob Zur Schmieder Stated leading up to the hearing, they had conversations wfth the school district and that Included the Superintendent, Rita Newman and input from the principal from Brookhurst Jr. High School. From Redevelopment's point of view, they would like to see the median island installed but they also realized the left and turn access from southbound Brookhurst at Gramercy is something that theyy may want to maintain both due to the fact that Gramercy continue as a public street as well as access to Mr. Zambrondian's property and any further development that may occur along the south side of Gramercy. They do have some conflicts which he has discussed with Mr. Yalda in regard to access to and from Brookhurst Jr. High School. They originally proposed that a very shortened version of the median Island and discussed that with the school thinking that they would want to maintain as much of the access as the have today at Brookhurst School. Surprisingly when they meet with them it was a unanimous opinion of the superintendent/facility director and the principal; in their opinion they would like.to see an unbroken median from Sequoia all the way to Crescent. Their concem was not so much with access to the Junior High but with what they perceive as a hazardous situation on a dally basis to access the Junior Hlgh School site. They were very please to see a signal proposed at Sequoia that would allow U-turns which would be much safer than going at the safe haven/middle lane of existing Brookhurst. The way the condition currently reads Is that a median will be installed and h will be designed to the extent that it will be safe and practical and Redevelopment Is committed to work with Traffic Engineering Division and the School District and the adjacent property owners to achieve that. They do not have a definite design of how that median will look for Commission to review and consider but they do have a frame work of what they would like to achieve with that median design. Commission Bristol: Stated he has a concern with stacking, southbound on Brookhurst, unable to turn left on Gramercy. 05-12-97 Page 37 Alfred Yaida: Stated a concern they have is if you bring the raised median Island even there will be no landscaping, there will be be hardscape. Since there is another driveway across the street on Brookhurst which will not be prohibited the driver/parents dropping off a child may choose to make a left turn. There is nothing prohibiting them. That is why they came up wfth this design that will provide adequate access to Gramercy if there is a truck going down to make a turn or other vehicles. If there is a northbound treffic they want to make a left hand turn to Brookhurst they don't have to go all the way to Sequoia to make a left hand turn. That would be provided. He felt that the current design is a good design unless they work wkh the school so they relocate the driveway or close the driveway. Again, they will work with the Redevelopment Agency, the school district and all the property owners to come up with something that is agreeable and safe for traffic movement and also ingress and egress to Home Depot. They have a concern also, they do not want trucks turning into the driveway on Sequoia and going all the way down loading and unloading because he does not think it is designed that way. The Commission review plans with Alfred Yaida. Alfred Yaida: Stated the design they have now (referring to the plans) is the best design thus far. If the school makes a modffication to their drivers and the property owners agree to what is out there, they may extend that but also they have to look to look at the left turn at Gramercy to Brookhurst taking place. Right now, these driveways are taking some of the northbound traffic which actually with the operation of the signal they are going to have a better turning movement because while the signal is red there is no southbound traffic coming. So it would facility the school to make those turning movements. There is a lot of combination and he will agenda this on their school traffic safety committee meeting. Chairman Messe: The question is whether the wall sign from Home Depot is viewable or do they need a 50 foot high (monument) sign. Asked Mr. Yaida about Condition No. 18 seems to be something he has not seen before which states that all trafFlc signal maintenance costs including preventive extraordinary maintenance, unrecoverable damages, electrical costs shall be paid by the property owner/developer. The City of Anaheim will bill for these costs on a regular basis. Asked if that is something new? Alfred Yaida: Responded that is a very common practice. The applicant is currently paying for that signal on Lincoln Avenue, that was one of the conditions. They have this similar agreement in other areas of the City. For example, If the we share a signal with the City of Fullerton, they .pay for the cost of it. It is a very common condition throughout the City. The cost of a signal has gone up drastically and since Home Depot is benefRing directly from this traffic signal. Chairmandvlesse: Statedt once the signal is installed this condition states being billed on-a regular basis for maintenance, electricity and for any costs to that system. Alfred Yaida: Responded that is correct. They do pay a utility bill for all the signals throughout the City and this signal will generate utility bills that the property owner should pay for. Commissioner Boydstun: Asked what the fair share is? Alfred Yaida: Stated generally ft is 25%. Commissioner Henninger: Asked ff the wording "fair share" is going to be substituted for the word "all"? 05-12-97 Page 38 Alfred Yalda: Responded yes. Commissioner Bostwick: Asked Mr. Nichol to speak about the sign. Jeff Nichol: Stated it is a dangerous precedent to set that off-site improvements or public improvements be maintained by users. It was a surprise by him to find out that they are paying for the maintenance of the Anaheim location. When a public improvement Is made on a signal and to suggest that the signal at the proposed location is the same as the :Lincoln is a bit of a stretch in his mind. That signal basically services the project of which they are a part. This signal will benefit a great number of users and typically when they are Installing an improvement like a signal which will be used by a great number of sources/generators of traffic then you try to do a fair share of installation fee, when they try to do catchup the developers/applicant ends up paying the full share of doing the original installation but to then parley that in ongoing maintenance after that then he has a problem with that. To then have them pay 100°~ or all the cost and maintenance, he felt they are going beyond the call of duty there. Commissioner Messe: Stated that was changed to fair share. Alfred Yalda: Stated his intention all along is their fair share, they never asked for 100%. In this case would be approximately 25°~. Jeff Nichol: Stated the issue of the sign is concerned. One of the things that causes concern that we have done the same thought process whether the project will be visible, etc. They are attempting to accomplish is an appealing design, landscape design, etc. that is going to serve to soften the blow of having a commercial development of the street when you are trying to beautify the street. Part of the reason this is a Redevelopment project area is because there is a lot of things you don't particularly like to look at. Code allows fora 75 foot sign and they have asked fora 50 foot sign. They feel that it is important to them as a retailer to provide their customers with ample warning as they come over the over pass and none of us can foresee what Cal Trans is eventually going to do. According to their consultants, the overpass will flatten in its ultimate completion and they would prefer their customers to have ample warning to take a left hand turn at the signal. They are attempting to generate the traffic through that signal and not necessarily through Gramercy or Crescent. Chairman Messe: Indicated he did not see any reference to tree sizes on the landscape plans? Cheryl Flores: Stated Code requires a minimum of 15-gallon size trees. Chairman Messe: Asked the applicant if there and wether any mature trees Included? Francs Chu: Responded they are planning in complying with the City Code. They could consider that - Rob Zur Schmieder Stated according with the Agency's agreement wfth Home Depot, they are required to comply with the landscaping plan for the Brookhurst/Gramercy frontages, the tree types and they will be looking for :larger than 15-gallon sizes on those trees. As well as whatever the median ultimately ends up being. ACTION: Determined that the previously-certified EIR No. 319 is adequate to serve as the required environmental documentation for subject request. 05-12-97 Page 39 ~~~ ~~7 ~~,-r~ Recommended adoption of General Plan Amendment No. 34 o Cfty Council Granted Reclassification No. 96-97.06 Granted Variance No. 4303 with the following changes to conditions: Mod'rfied Condition Nos. 1, 3, 5, 8, 13, 18, 27, 31 and 32 to read as follows: 1. That there shall be no parking lot display other than by approval of a Special Events Permit. 3. That the business owner shall designate an employee to monitor the parking lot every 30 minutes during operating hours for shopping cart retrieval. The operator shall also post signs on the property and label individual carts prohibiting the removal of carts from the property. 5. That the business owner/developer shall submit revised building elevation plans, including elevation plans for the enclosure of the garden center showing pillars and dark black or green vinyl materials and screening plans showing the screening on Valley Street behind the landscaping and screening of the loading area, to the Zoning Division for review and approval by the Commission as a "Reports and Recommendations" Item. 8. That the business owner/developer shall submit a revised landscape plan indicating additional landscaping including vine pockets adjacent to the east building elevation (facing Valley Street) and an additional thirteen (13) trees in the parking lot in 25-square foot planters, to the Zoning Division for review and approval by the Commission as a Report and Recommendation Item. 13. That there shall be no fenced, unfenced or otherwise enclosed area for outdoor storage uses or display with the exception of the garden center and by approval of a Special Event Permit. 18. That a fair share of traffic signal maintenance costs including preventive or extraordinary maintenance, unrecoverable damages and electrical costs shall be paid by the property owner/developer. The City of Anaheim will bill for these costs on a regular basis. 27. That 3-foot high address numbers shall be painted on the roof in a contrast(ng color to the roof materials. Said address numbers shall not be visible from ground level. 31. That prior to Issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 5, 6, 7, 8, 11, 14, 16, 17, 19, 20, 21, 23, 24, 28 and 29 above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 32. That prior to final building and zoning inspections, Condition Nos. 3, 4, 12, 15, 22, 27, 28, and 30 above-mentioned, shall be complied wfth. 05-12-97 Page 40 Added the following condition: That the owner of subJect property shall submit a letter requesting termination of Conditional Use Permit No. 2604 (to permit an automobile repair and towing facility with waiver of minimum landscaped setback and minimum number of parking spaces), Conditional Use Permit No. 2802 (to retain an auto towing, impound, and repair facility with waivers of structural setback, permitted encroachments, yard requirements, minimum dimensions of parking spaces, and minimum number and type of parking spaces) and Conditional Use Permit No. 2958 (to retain a 672- square foot billboard with waiver of permitted location) to the Zoning Division. VOTE: 6-0 (Commissioner Mayer absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 1 hour 5 minutes (2:59-4;04) MEETING ADJOURNED AT 4:05 P.M. TO THE REGULARLY SCHEDULED PLANNING COMMISSION WORK SESSION OF MAY 28, 1997 AT 11:00 A.M. Respectfully submitted, Ossie Edmundson --- Senior Word Processing Operator 05-12-97 Page 41