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Minutes-PC 1997/06/23SU ARY ACTION AGENA ANAFIEI CITY PLANNING CO FISSION EETING MONDAY, JUNE 23, 1997 10:00 A.M. PRELIMINARY PLAN REVIEW ® STAFF UPDATE TO COMMISSION OF VARIOUS CITY DEVELOPMENTS AND ISSUES ® DISCUSSION REGARDING THE "CONTINUATION" OF AGENDA ITEMS IDue to time constraints, this discussion did not occur, but Commission received written material) 1:30 P.M. PUBLIC HEARING TESTIMONY COMMISSIONERS PRESENT: BOYDSTUN, BOSTWICK, BRISTOL, HENNINGER, MESSE, PERAZA COMMISSIONER ABSENT: MAYER rTTAFF PRESENT: Jim Ruth City Manager Dave Morgan Assistant City Manager -- Selma Mann Assistant City Attorney Joel Fick Planning Director Greg Hastings Zoning Division Manager Cheryl Flores Senior Planner Karen Freeman Associate Planner Karen Dudley Associate Planner Jahn Poole Code Enforcement Manager Tom Engle Vice Detail Alfred Yalda Principal Transportation Planner Edith Harris Planning Commission Support Supervisor Margarita Solorio Senior Secretary Ossie Edmundson Senior Word Processing Operator AC062397.WP PLAQUE PRESENTATION Joel Fick, Planning Director, presented a plaque to Chairman Robert Messe in recognition of his many years of service to the citizens of the City of Anaheim, Jncluding 12 years as a Planning Commissioner. Joel Fick, Planning Director, recognized Robert Messe for his many years of service to the citizens of the C'tty of Anaheim; he has been a Commissioner for 12 years and has requested not to be reappointed when his term expires. He pointed out Jim Ruth, City Manager, and Dave Morgan, Assistant City Manager, .and also the members of Commissioner Messe's family who were present. Mr. Fick mentioned the following noteworthy projects which Commissioner Messe has worked on: Large-scale ranch and residential developments in the Hilts and Canyon Area, Anaheim Plaza and Festival Regional Shopping Center projects; Anaheim Resort and Disneyland Resort Specific Plans, expansion of the Convention Center, Anaheim Stadium, Sportstown project, etc. Also, he has worked on the Community Planning Program, Block Grant Committee, and other Commissions includ(ng the Goif Course Commission before he was on the Planning Commission. He was instrumental in the formation of the Utilities Undergrounding Program. Commissioner Messe stated all seven Commissioners had to work to accomplish all of the things mentioned by Mr. Fick and behind the seven Commissioners there is a marvelous staff and that he has never worked with such a cooperative staff. He stated he has had 12 great years here, and 10 years with the Golf Course Commission before that. ELECTION PROCEEDINGS -PLANNING COIIflHAISSION Election of Chairman and Chairman Pro Tempore. Paul Bostwick was elected as Chairman 97/98 Steve Bristol was elected as Chairman Pro-Tempore 97/98 REPORTS AND RECOMflAENDATIONS: 06-23-97 Page 2 A. CONDITIONAL USE PERMIT NO. 2571 - REQUEST FOR Terminated TERMINATION: Richard B. Winn, Director -Safety, Health Environmental Affairs, 1231 North Blue Gum, Anahelm,CA 92805, requests termination of Conditional Use Permit No. 2571 Note: 6-0, (to permit sales of beer and wine for on-premises consumption Commissioner in an existing restaurant). Property is located at 1231 and 1235 Mayer absent) North Blue Gum Street. TERMINATION RESOLUTION NO. PC 87-74 SR6673TW.WP B. REQUEST FOR INITIATION OF RECLASSIFICATION Initiated PROCEEDINGS: City inRiated (Planning Department), 200 reclassification South Anaheim Boulevard, Anaheim, CA 92805, request for the proceedings initiation of reclassification proceedings from the RS-A-43,000 (Residential/Agricultural) Zone to the CL (Commercial, Limited) Zone. Property is located at 2235 West Lincoln Avenue. ACTION: Commissioner Messe offered a motion, seconded by Commissioner Bristol and MOTION CARRIED (Commissioner Mayer absent), that the Anaheim City Planning Commission does hereby initiate reclassification proceedings from the RS-A-43,000 Zone to the CL Zone for the property located at 2235 West Lincoln Avenue. SR6697TW.DOC C. CONDITIONAL USE PERMIT NO. 525 - REQUEST FOR TERMINATION: James Hill, Trustee of the Dahlman Family Trust, 607 Avenida Teresa, San Clemente, CA 92672, requests termination of Conditional Use Permit No. 525 (to establish a service station). Property is located at 2501 West Lincoln Avenue. TERMINATION RESOLUTION NO. PC97-75 Terminated (Vote: 6-0, Commissioner Mayer absent) SR6699KP.WP 06-23-97 Page 3 D. a. CEOA NEGATIVE DECLARATION (PREY: APPROVEDI ~ Approved b. CONDITIONAL USE PERMIT NO. 3676 - REQUEST FOR Determined to be SUBSTANTIAL CONFORMANCE: Unitarian Church, 511 in substantial South Harbor Boulevard, Anaheim, CA 92805, requests conformance determination of substantial conformance to construct a 144 square foot courtyard for a previously approved church. Property is located at 511 South Harbor Boulevard. ACTION: Commissioner Henninger offered a motion, seconded by Commissioner Peraza and MOTION CARRIED (Commissioner Mayer absent), that the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 3876 is adequate to serve as the required environmental documentation in connection with this request. Commissioner Henninger offered a motion, seconded by Commissioner Peraza and MOTION CARRIED (Commissioner Mayer absent), that the Anaheim City Planning Commission does hereby determine that the proposed courtyard is in substantial conformance with the previously-approved plans on the basis that the proposed courtyard is accessory to the church use and will enhance the aesthetics of the existing building by adding symmetry to the west elevation. SR6679JK.WP Pastor Maurice Ogden was present to answer any questions. Commissioner Messe noted he thought this would be an improvement. _ 06-23-97 Page 4 E. REQUEST TO DETERMINE CONFORMANCE WITH THE Determined to be ANAHEIM GENERAL PLAN FOR COUNTY USE OF LEASED i f SPACE: County of Orange, Communications Division, Attn: n con ormance with the Anaheim Ray Weems, Real Property Agent, 840 North Eckhoff Street, General Plan Suite 104, Orange, CA 92868-t021, request to determine conformance with the General Plan far County use of leased space for an 800 MHz communications facility. Property is located at 201 South Anaheim Boulevard. ACTION: Commissioner Henninger offered a motion, seconded by Commissioner Boydstun and MOTION CARRIED that the Anaheim City Planning Commission does hereby determine that the County's proposed use of leased space at 201 South Anaheim Boulevard for an 800 MHz communication facility is in conformance wfth the Anaheim General Plan. The City Council reviews all actions taken by the Planning Commission. The decision of the Planning Commission will be final within ten (10) days unless the City Council determines to reverse the decision of the Planning Commission or continues this matter for subsequent consideration at a later date. AP5192KF.WP Applicant's Statement: Ray Weems, Real Property Agent, County of Orange: Explained the request and noted they have provided photographs showing the actual versus proposed site and how it will look once it is constructed. Commissioner Messe: Clarified they are installing two antennas. Commissioner Henninger: Asked what the antennas will took like and Commissioner Bristol noted presently there is an antenna on the existing south view and clarified that the proposed south view will not be any higher than the existing. Mr. Weems responded the photograph shows a different perspectNe but he thought they are approximately the same height. 06-23-97 Page 5 F. INITIATION OF ENTITLEMENT PROCEEDINGS - "CYPRESS Initiated INFILL" REDEVELOPMENT SITE: City initiated (Community entrvement Development Department), 201 S. Anaheim Bivd., Anaheim, CA proceedings 92805, request to initiate reclass'rfication from the RS-5000 (Residential Single-Family) Zone to the RM-2400 (Residential Multiple-Family) Zone, Tentative Traci Map, and Conditional Use Permit proceedings for attached and detached condominiums in the expanded "Cypress Infiil" area. Properties are located at 424, 605 East Adele Street, 605'/z East Adele Street, and 412 North Pauline Street. ACTION: Commissioner Messe offered a motion, seconded by Commissioner Henninger and MOTION CARRIED (Commissioner Mayer absent), that the Anaheim City Planning Commission does hereby initiate all of the requested entitlements for the proposed "Cypress Infiil" redevelopment project area to Include the expanded project boundaries. SR6698KP.WP Cheryl Flores, Senior Planner: Explained this proposal is to include four addresses that were not included in the previous Cypress "Infiil" site. Commissioner Boydstun: Asked if Pauline Street is going to be open through to Cypress and noted originally they had agreed to open it and N it is not going to be open, then the neighbors should be not'rfied because they think it is going to be open. Ms. Flores: Noted this will have to come back as a separate hearing item; and that she has not seen the plans yet and was not sure. 06-23-97 Page 6 G. a. EIR NO. 281 (PREVIOUSLY CERTIFIED) b. .VESTING TENTATIVE TRACT MAP NOS. 13513. 73575. Approved Approved 13516. 13517. 13518 AND 13534 -EXTENSION OF TIME: T o expire ( Dave Bedlllion (Baldwin Co.) 2823 Mc Graw, Irvine, CA 92614, requests a one year extension of time to expire on 6'19-98) , June 19, 1998. These maps were originally approved on June 19, 1989. Property is located within The Summit of Anaheim Hills Specific Plan (SP88-2) Development Areas 101 and 105. ACTION: Commissioner Boydstun offered a motion, seconded by Commissioner Peraza and MOTION CARRIED (Commissioner Mayer absent), that the Anaheim City Planning Commission has reviewed the proposal .and does hereby find that the previously- certified EIR No. 281 is adequate to serve as the required environmental documentation for this request. Commissioner Boydstun offered a motion, seconded by Commissioner Peraza and MOTION CARRIED (Commissioner Mayer absent), that the Anaheim City Planning Commission does hereby approve cone-year extension of time for Vesting TeniatNe Tract Map Nos. 13513, 13515, 13516, 13517, 13518, and 13534 (to expire on June 19, 1998). Selma Mann, Assistant City Attorney, presented the 10-day appeal rights. SR6700KB.WP Selma Mann, Assistant City Attorney: Stated she spoke with Kevin Bass, the Planner on this project, and he informed her that Mr. Johnson has been appointed by the Court as Trustee to operate the Baldwin Company pending the resolution of the bankruptcy. 06-23-97 Page 7 H. a. CEQA NEGATIVE DECLARATION (PREY: APPROVED) Approved b. CONDITIONAL USE PERMIT NO. 3838 -REQUEST FOR Determined that CLARIFICATION OF CONDITION OF APPROVAL: the property Fullmer Construction, 1725 South Grove Avenue, Ontario, owner shall CA 91761-4530, requests clarification of a condition of remove the trees, approval pertaining to trees In the public right-of-way. construct a new Property is located at the northeast corner of Kraemer sidewalk Boulevard and Coronado Street. according to City standards and pay a street tree ACTION: Commissioner Henninger offered a motion., seconded fee in an amount by Commissioner Bristol and MOTION CARRIED (Commissioner set by City Mayer absent), that the Anaheim City Planning Commission has Council resolution reviewed the proposal and does hereby find that the Negative for the City to Declaration previously approved In connection with Conditional plant trees within Use Permit No. 3838 is adequate to serve as the required the parkway environmental documentation in connection with this request. Commissioner Henninger offered a motion, seconded by Commissioner Peraza and MOTION CARRIED (Commissioner Mayer absent), that the Anaheim City Planning Commission does hereby clarify Condition No. 7 of Resolution No. PC97-36 as follows: The property owner shall remove the trees and construct a new sidewalk according to City standards, which Includes a new landscaped parkway, and that the property owner shall pay a street tree fee in an amount set by City Counc(I resolution for the City to plant trees within the parkway. SR6705CF.WP Cheryl Flores, Senior Planner: Explained this has to do with mature Ficus trees growing along Kraemer Boulevard and a condition requiring that they be retained and that the sidewalk be constructed around the existing trees. It has been determined by the City's Urban Forester that these trees have shallow root systems which will shortly be impacting the curb, and felt h would not be appropriate to waive a sidewalk requirement when the trees will ultimately need to be removed. -- 06-23-97 Page 8 PUBLIC HEARING ITEMS 2a. CEOA MITIGATED NEGATIVE DECLARATION Continued to 2b. WAIVER OF CODE REQUIREMENTS August 18,.1997 2c. CONDITIONAL USE PERMIT NO. 3910 (To be readvertised) 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, approxlmately 1,080 feet north of the centerline of Katella 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 approxlmately 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, April 14, 1997 - May 12 and 28, 1997. CONDITIONAL USE PERMIT RESOLUTION NO. SR6702AS.WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None 06-23-97 Page 9 ACTION: Continued subject request to the August 18, 1997 Planning Commission meeting, as requested by the applicant. Subject request will also be readvertised because of the multiple requests for continuance. VOTE: 6-0 (Commissioner Mayer absent) DISCUSSION TIME: This item was not discussed. O6-23-97 Page 10 3a. CEOA NEGATIVE DECLARATION .Approved 3b. VARIANCE NO. 4301 Granted OWNER: WILLIAM C. TAORMINA AND VINCENT C. TAORMINA, P.O. Box 309, Anaheim, CA 92815- 0309 AGENT: RICHARD B. WINN, P.O. Box 309, Anaheim, CA 92815-0309 LOCATION: 1070.1090 North Blue Gum Street. Property is 1.2 acres located at the southeast corner of La Palma Avenue and Blue Gum Street. Waivers of minimum landscaped setback adjacent to an arterial highway (La Palma Avenue) and a freeway frontage road (La Mesa Avenue), permitted encroachments into required yards and minimum parking lot landscaping, to construct a private off-site employee parking lot for a regional material recovery facility, an adJacent aluminum parts manufacturer, and temporary Cal-Trans employee/contractor parking. Continued from the Commission meetings of March 17, 31, April 14, May 12, and May 28, 1997. VARIANCE RESOLUTION NO. PC97-78 SR6694KP.WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Applicant's Statement: Richard Winn, Director of Safety, Health and Environmental Affairs, Taromina Industries: Explained when they proposed the parking lot at the northeast comer of La Palma and Blue Gum, they stated they would return with a counter proposal for the southeast corner. The Redevelopment Agency looks at this as the gateway to the East Canyon Business Center and they want to be totally compliant with that goal. 06-23-97 Page 11 Mr. Winn referred to the staff report, Page 3, that no fencing is proposed along La Palma Avenue, and explained where the fence is proposed on the drawing and noted the fence was at the right of way property line. He explained that would be exactly the same as across the street and the Redevelopment Agency does not wish to make a narrow neck of land there, but his last conversation with Mike Welch, Community Development Department, was that they agreed with the proposal. He stated the fence appears as 'rf it were ornamental iron, but it is going to be tubular steel He added that Code Enforcement had Indicated great concern at the previous meeting and that it wanted the fence right on the property Ilne. He stated one of the two gates Is a single gate as opposed to a split gate. He added ft is going to be strictly a parking lot and hopefully as pleasant as the one across the street. Mr. Winn: Stated they did request a waiver of the interior landscaping requirements so they could turn their trucks around without taking out trees or planters. He referred to a note (n the staff report that there shall be no storage boxes or large vehicles being stored there. He did not see that as a future use because they are develpping it as a parking lot for their use and the use of Universal Alloy on the other side of t.a Palma. THE PUBLIC HEARING WAS CLOSED. Chairman Bostwick: Stated there was discussion about a condition that there shall be no advertising signs on this property. Commissioner Messe: Added ff it was determined that any signs were needed, they would have to come back for approval by the Planning Commission. Cheryl Flores, Senior Planner: Stated originally staff thought this use would be subject to the development standards of the Northeast Specific Plan, but since there were no structures involved, it reverted back to the underlying ML Zone which required a 10-foot landscape setback which is required. for all of the street frontages. Commissioner Henninger: Thought they were proposing a 6-foot high ornamental iron fence_ at the property Ilhe. Mr. Winn: Added that is t0 feet off La Palma Avenue in this case, which would be 5 feet off the right-of-way. Ms. Flores: Explained the waiver for permitted encroachments is still required since the fence is 6 feet high and it is .not set back 10 feet. Mr. W(nn: Stated one reason for that is that there is a change In elevation .and the sidewalk area is higher than the parking lot area, and they would agree with either one, but would prefer to put it at the sidewalk. 06-23-97 Page 12 ACTION: Approved Negative Declaration Granted Variance No. 4301 with the following added condition: That any signage shall be subject to approval by the Planning Commission as a Reports and Recommendations Rem. VOTE: 6-0 (Commissioner Mayer absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 10 minutes 06-23-97 Page 13 4a. CEOA NEGATIVE DECLARATION 4b. WAIVER OF CODE REQUIREMENTS 4C. 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 Bail 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. Continued from the Commission meetings of May 12, and June 9, 1997. CONDITIONAL USE PERMIT RESOLUTION NO. Continued to July 21, 1997 SR6503DS.WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. _ OPPOSITION: None ACTION: Continued subject request to the July 21, 1997 Planning Commission meeting in order to allow additional time for the petitioner to address comments received from staff. VOTE: 6-0 (Commissioner Mayer absent) DISCUSSION TIME: This item was not discussed. 06-23-97 Page 14 5a. CEQA NEGATIVE DECLARATION (PREVIOUSLY APPROVED) Continued to 5b. WAIVER OF CODE REQUIREMENT JUIy 21, 1997 5c. CONDITIONAL USE PERMIT NO. 3855 (READVERTISED) OWNER: JAMES A. SHAB, 1900 South Anaheim Boulevard, Anaheim, CA 92805 AGENT: LEON ALEXANDER, 558 South Harbor Boulevard, #100, Anaheim, CA 92805 LOCATION: 1985 South Santa Cruz SVeet. Property is 2.44 acres located at the northwest comer of Santa Cruz Street and Stanford Court. To permit a total of two industrially-related sales and office uses within an existing 33,666 square-foot industrial building with waiver of minimum number of parking spaces. Continued from the Commission meeting of May 28, and June 9, 1997. CONDITIONAL USE PERMIT :RESOLUTION NO. SR6697KB.WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Item was trailed and therefore heard later at the meeting. Applicant's Statement: Leon Alexander, JAS Partnership and Global Cellular: Stated they are here in pursuant to the modification of their conditional use permit. There has been a change of circumstances whereby Global Celluar was going lease the building at 1985 Santa Cruz Street. They entered Into a lease, however, there were some lease problems and as a result JAS Partnership, the principal owner of Global Cellular, purchased the building at 1985 Santa Cruz. Therefore, they are requesting a modification of the permitted uses of the premises. Originally, it was for an 18,000 square-foot use of the premises. Now they have eMended it to approximately 22 or 23,000 square-feet. The entire 06-23-97 Page 15 building is approximately 35,000 square-feet. Therefore it leaves approximately 17,000 to 12,000 square-feet for a future tenant that they would like to bring In. They have met with Planning staff and have conducted a parking study and have requested a parking variance to allow the owner of the building to bring in a tenant which will service the business community within that area. This building was vacant for three years. Mr. Jim Shamis, principal owner, is doing substantial modification to make ff a high tech building and hopefully bring an outstanding tenant into the premises. They are being forced to relocate by Cal Trans from where Global Cellular is now situated on Anaheim Boulevard to the new building and that is going to be a car pool overpass directly in front of the new building into Gene Autry Way which serves as a carpool lane .into Anaheim Stadium. Mr. Alexander: Distributed the proposed plan to the Commission. Mr. Alexander stated Cal Trans did a diagram of how the freeway will look with the overpass and where Global Cellular will be located. This new carpool overpass was approximately 40 to 45 feet. It is the Intent of Global Cellular to insert a facade Into the existing building to elevate the current height of the building from 22 feet to about 35 feet and to elevate its existing signage that has been approved by the Planning Commission and City Council onto that facade in order to help improve visibility. They are requesting an approval of a parking variance to allow some business services operation to take the additional 11 to 12,000 square-feet, approval of the plans of the facade, and approval of the elevation of already approved signs be elevated onto the facade now. Global Cellular is moving from its current location into the new location and they are going to be in desperate need of having the signs elevated after the facade is completed. Commissioner Messe: Asked if they had sign plans? Mr. Alexander: Stated when they were originally approved late last year there were sign plans submitted. Greg Hastings, Zoning Manager: Stated there .has not been any sign plans submitted now. signage is not before Commission today. Originally there was a condition of approval placed on this in terms of the location and the amount of signage on the wall facing the freeway. He did not recall that there was a separate report and recommendation that came back to Commission regarding signs. Commissioner Henninger: It is appropriate that Commission look at the signs in conjunction with the CUP. _ He thought what he was talking about was is going to require a waiver of the existing Code, 'rf Commission should decide to approve it. Greg Hastings: Stated that would be the case ff there would be any signage above the natural roof level. That would be considered a roof sign which Is prohibited in the CL Zone. Chairman Bostwick: Suggested a four week continuance In order to do the sign plans and present them all at one time so they can all be seen as one item. Commissioner Henninger: Agreed. 06-23-97 Page 18 Jim Chaplett, owner of Global Cellular: Stated he brought some examples of what they are anticipating putting up. The reason he says anticipating is because they have been approved for a certain amount of signage already. They are not intending to put up any more signs than what was approved. Commissioner Henninger: Stated they can not do what they have .requested today legally because there has not been a waiver advertised and so it can not be discussed today. Jim Chaplett: Stated he is trying to anticipate the timing involved and the process. He d(d not submit signage, not knowing what exactly they were going to do. They are hoping that they can get going with the facade. Commissioner Henninger: Asked H they were going to put up the facade ff they were not going to get the signage on it? Commissioner Messe: Asked how quicMy could they get the signage program together and submitted to staff. Jim Chaplett: Responded actually he had the examples; k just does not have sizing, etc. They are not asking for any more signage than what Code allows. What they are hoping for is approval at this time to allow for the sign to meet the criteria of their allowance. They hope to put it up on the elevated end of the building. Commissioner Messe: That would require the advertisement of the additional waiver. Mr. Chaplett: Yes, he does not know who the second tenant is going to be. They would like to be able to tell the second tenant that they have been approved for what is allowed in terms of the size of the signage. Commissioner Henninger: Stated Code does not allow roof signs and he sees a roof sign as a billboard that is set up on the roof. When he sees on their elevations that basically the back framing on those extensions will be fully exposed. He gets the sense that is a roof sign. If he were to enclose then he probably would not feel that way. Mr. Chaplett: Stated his intentions are to enclosed them for esthetics so that they are not seen. Commissioner Henninger: Stated he would like them enclosed on the back side. Mr. Chaplett: F~tplained that is what he intended to do. He already recommended that to the architects and the contractor. Commissioner Henninger: Stated there is a note on the plan that the metal framing is typically exposed at the back. 06-23-97 Page 17 Mr. Chaplett: Explained 'rf someone were driving down the freeway or up the street he would not see it. Commissioner Henninger: It would be easier to enclose all of them than to try to guess where it will be exposed. Commissioner Bostwick: Stated they would be visible from the commuter lane bridge to the , stadium. The whole top of the roof will be visible. Mr. Chaplett: Stated he is in agreement to enclose ii entirely. Mr. Alexander: Asked if they could vote on the parking at this time? Chairman Bostwick: No, since a variance is needed to be filed. Mr. Alexander: Staff has approved the parking study with a variance for the perspective tenant so they could start marketing that. Commissioner Henninger: Stated one of the things Traffic Engineer suggested in the recommendations is that once they have a tenant lined up that they update the traffic report to be responsive to the spec'rfic tenant involved. Perhaps if they start marketing the site they might have someone in four weeks. Mr. Alexander: They have no problem in doing that but time is of the essence and they really can not market it (to a professional brokerage company) without at least some Indication whether they can get an approval. He asked for a decision today. Commissioner Henninger: Stated in his experience, real estate is marketed pending zoning or CUP action taking place and did not see how not acting on this would effecting their marketing. Chairman Bostwick: Suggested perhaps having a general discussion to give the applicant a general sense of Commission's feelings. Mr. Alexander: Responded they would 'be very appreciative so they can make arrangements with- the broker. On the proposed services he spoke with Mr. Shab and therefore would like to add the following: printing services, office supply with limited retail use and telecommunications business. Code does not allow banners and he is comfortable with that. Commissioner Messe: He suggested 3 of terns taken out which .are banks, development companies, and leasing companies that Include storage of autos, RV's and any vehicles on site. Alfred Yalda, .Principal Transportation Planner, Traffic Engineering Division: Commented some of the items for example, marketing research could be 12,000 square feet of 200 people sitting there making phone calls. Those are some of his concerns. 06-23-97 Page 18 Commissioner Bostwick: Stated those would all be assumptions and conclusions from the parking study and if those assumptions or conclusions do not fit the parking study then they are not going to be approved. Commissioner Henninger: Added the other thing that he was going to suggest was an added condition requiring them to update the traffic report before entering into a lease and that the traffic report be consistent with the base report. Alfred Yalda: Stated there was one other item he wanted to make sure the applicant Is aware of. This area Is the Stadium Business Area and any change that would intensify ft's use from whatever it was in the past would be subject to a $9.08 per square foot for the Stadium Business Area that is existing right now. Mr. Alexander: Stated this is the first he has heard of this and they have been .pre-approved. Mr. Yalda: Responded he did not think this was the first time, previously when they submitted their business plan and pull their building permit, he did speak with them and also on the previous project there was a condtion that referred speci0cally to the Stadium Business Area Fee. Mr. Alexander: Stated he had never meet with Mr. Yalda and he was not aware of the fee. Mr. Yalda asked if he had reviewed the plans that were submitted and approved by the City? Mr. Alexander: Responded that Mr. Yalda had to remember this is a modiFlcation of the current CUP that for which they have received approval approximately 6 .months ago. Commissioner Messe: Stated they are dealing with a new tenant. Mr. Alexander: Oh, he thpught he was referring to the existing use. Commissioner Messe: Stated they asked for print and telecommunications and office supplies. Alfred Yaliia: Stated they are talking about the IntensiFlcatlon of the use. Their office checks against the building permit; 'rf there was strictly industrial use and suddenly add retail, then the Ordinance.. speciffcally calls for the fee becomes effective. Commissioner Messe: Stated on paragraph 12, they have asked to included printing and telecommunications and office supplies. Commissioner Bostwick: Stated he hoped the discussion has given the applicant an Idea of what Commission would be looking at. There is limited parking on that end of the building and some they cannot approve any type of use that is going to exceed the available parking. 06-23-97 Page 19 Commissioner Henninger: Stated the applicant may want to research the added fee. Jim Chaplett: Stated the concern that he has is whether the additional space they are going to be building out 23,000 square feet when they are done with their second phase and that has been held off until R is approved to allow for them to occupy more of the building in addition to what they were originally approved for. His concern is would there be a fee required for the additional space wfth would basically total what they have now in their current facility. Alfred Yalda: Stated what they did on the existing use 23,000 square feet is they went back to the old building permits and apparently there was some kind of similar use in that portion of the building which was comparable to their use so they did not charge them the Stadium Business Area Fee. They would have to go back to the building permft and see what was the rest of that use. If it was similar to the type of use that they have, then the fee would not be applicable. But if It would be used for storage and nothing else, obviously, then the fee would become effective and they have to pay it. They go back to the building department's old permits and check that against the proposed use. Mr. Chaplett: Stated his understanding regarding the fee was if it is not an industrial use that the fee would not apply. Does his business fall within the industrial use category? Commissioner Bostwick: Suggested getting together with Mr. Yatda. Mr. Yalda: Stated they would help him. Just for Commission's information some of the industrial use previously in that area hade been office use even though they were in the industrial use area. That is why they review the building permit to see what was approved. Selma Mann, Assistant City Attorney: Stated her understanding is that at the time the fees were imposed, the Intent was in conformance with constraints that they be imposed on structures that intensify the use. There is an effort throughout the ordinance to exempt certain uses that had already .been in effect. There is also a provision for reduction or waiver of that fee where there is a situation that can be demonstrated. ACTION: Continued subject request to the July 21, 1997 Planning Commission meeting in _ order for the applicant to submit revised sign plans and for apossible - readvertisement relative to signage waivers. VOTE: 5-0 (Commissioners Mayer and Peraza absent) DISCUSSION TIME: 15 minutes 06-23-97 Page 20 6a. CEOA NEGATIVE DECLARATION Approved 6b. CONDITIONAL USE PERMIT NO. 3937 Granted OWNER: RALPH E. SLAYTON AND LEILA LOUISE SLAYTON, 2166 West Broadway, Anaheim, CA 92801 AGENT: MIR SHABHAR AU, 5532 Woodruff Avenue, #192, Lakewood, CA 90713 LOCATION: 2664 West Lincoln Avenue. Property is 0.49 acre located at the southwest corner of Lincoln Avenue and Stinson Street. To establish a 705 square foot produce market in a vacant store located within an existing commercial retail center. Continued from the Commission meeting of June 9, 1997. CONDITIONAL USE PERMIT RESOLUTION NO. PC97-77 SR6502DS.WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Commissioner Messe: Referred to Condition No. 8 that window signage shall not be permitted, and all foctures', displays, merchandise and other materials shall be set back 3 feet from all window areas and stated he thought the Commission felt this is a way to limit ft since this Is a small shop. _ Commissioner Henninger: Thought they were going to limit the racks to 42 Inches high. Greg Hastings, Zoning Manager: Stated at the last meeting, the Commission did ask the applicant about this and he Bald he did not have a problem with it and that was the reason staff left it in. 06-23-97 Page 21 Commissioner Henninger: Thought it should still be amended because the applicant may find he has a big problem with it. He clarified it should read, "that window signage shall not be permitted; and that all fixtures, displays, merchandise and other materials shall be limited to 42 inches high and shall be set hack three (3) feet from all window areas." ACTION: Approved NegatNe Declaration Granted Conditional Use Permit No. 3937 with the following change to conditions: Mod'rfied Condition No. 8 to read as follows: 8. That window signage shall not be permitted. Ail fixtures, displays, merchandise and other materials shall not exceed forty two inches (42") in height at the window .areas. VOTE: 6-0 (Commissioner Mayer absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 4 minutes 06-23-97 Page 22 7a. CEQA NEGATIVE DECLARATION (PREVIOUSLY APPROVED) Approved lb. CONDITIONAL USE PERMIT NO. 3808 (READVERTISED) Approved amendment to condkions of OWNER: LEDERER ANAHEIM LTD, Attn: Les Lederer, 1990 approval Westwood Boulevard, Los Angeles, CA 90025 (To expire 4-22-01) AGENT: ANAHEIM INDOOR MARKETPLACE, Attn: Robert Weiss, 1440 South Anaheim Boulevard, Anaheim, CA 92805 LOCATION: 1440 South Anaheim Boulevard -Anaheim Indoor Marketplace. Property is 14.74 acres located north and east of the northeast corner of Cerritos Avenue and Anaheim Boulevard. To request amendment or deletion of a condition of approval pertaining to the time limitation of an existing restaurant with sales of beer and wine for on-premises consumption. [Note: This request was inadvertently advertised as sales of alcoholic beverages for on- premises consumption.] Continued from Commission meeting of June 9, 1997. CONDITIONAL USE PERMIT RESOLUTION NO. PC97-78 SR6701JK.WP ---------------------------------------------------- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Chairman Bostwick declared a conflict of interest. Vice Chairman Bristol assumed the chair. Applicant's Statement: Robert Weiss, General Manager, Anaheim Marketplace, requested an extension of time to be consistent wfth their conditional use permit on the whole property which is 2001. He explained th(s CUP is for the beer and wine license for the restaurant. He stated they have complied wfth the landscaping. 06-23-97 Page 23 ACTION: Determined that the previously approved negatNe declaration is adequate to serve as the required environmental documentation for subject request. Approved request. Amended Condition No. 11 of Resolution No. PC95-67, . granted in connection with Conditional Use Permit No. 3606, to read as follows: "11. That this conditional use permit shall expire concurrently with Conditional Use Permit No. 3400 for the Anaheim Indoor Marketplace, on April 22, 2001 VOTE: 5-0 (Chairman Bostwick declared a conflict of interest and Commissioner Mayer was absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 5 minutes 06-23-97 Page 24 8a. EIR NO. 313 (PREVIOUSLY-CERTIFIED) Approved eb. WAIVER OF CODE REQUIREMENT Approved 8c. CONDITIONAL USE PERMIT NO. 3925 Granted OWNER: PATRICIA R. DURAND, GRACE ELAINE LINDSEY, AND CARMAN MARIE SCALZO, c/o Carman M. Baird, 52 CanFleld Avenue, Ft. Morgan, CO. AGENT: S&J VENTURES, c/o Chris Storm, 3175 IOuk lane, Riverside, CA 92501 ABED ELHAJ, c/o IHOP Restaurant, 1560 South Harbor Boulevard, Anaheim, CA 92802 LOCATION: 1560 South Harbor Boulevard - IHOP Restaurant. Property is 0.66 acre, located 788 feet north of the centedlne of Freedman Way. To permft asemi-enclosed restaurant including an outdoor dining (patio) area with waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. PC97-79 SR6687KD.WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.. OPPOSITION: None Applicant's Statement: -" Chris Storm, 3175 Fluke, Riverside, was .present to answer any questions. They want to revise the front of their facility as shown on the submitted plans. Karen Dudley, Associate Planner: Stated staff would recommend the following standard condition be added for the parking waiver: "That the granting of the parking waiver is contingent upon operation of the use in conformance with the assumptions and conclusions relating to the operation and Intensity of use as contained in the parking demand study that formed the basis for approval of said 06-23-97 Page 25 waives Exceeding, violating, intensifying or otherwise deviating from any of said assumptions or conclusions as contained in the parking demand study, shall be deemed a violation of the expressed conditions as Imposed on said waiver which shall subject this conditional use permft to termination or modification pursuant to the provisions of Sections 18.03.091 and 1.8.03.092 of the Anaheim Municipal Code.' THE PUBLIC HEARING WAS CLOSED. ACTION: Determined that the previously-certified EIR No. 313 is adequate to serve as the required environmental documentation for subject request. Approved Waiver of Code Requirement Granted Conditional Use Permit No. 3925 with the following added condftion: That the granting of the parking waiver is contingent upon operation of the use in conformance with the assumptions and conclusions relating to the operation and intensity of use as contained In the parking demand study that formed the basis for approval of said waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in the parking demand study, shall be deemed a violation of the expressed conditions Imposed on said waiver which shall subject this Conditional Use Permit to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. VOTE: 6-0 (Commissioner Mayer absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 5 minutes 06-23-97 Page 26 9a. CEOA NEGATIdE DECLARATION 9b. RECLASSIFICATION NO. 96.97-08 INITIATED BY: CITY OF ANAHEIM, PLANNING DEPARTMENT, 200 South Anaheim Boulevard, Anaheim, CA 92805 OWNERS: DANIEL J. ALLEC TRUST, 2657 Shadow Ganyon Circle, Norco, CA 91760 (Re: 2004 East Lincoln Avenue) CALIFORNIA/ORANGE ENTERPRISES, INC., 855 2nd Street SW, Suite 3800, Calgary, Alberta, Canada T2P4J (Re: 2006 East Lincoln Avenue) STATE OF CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM, Attn: Mike Dire, Lincoln Plaza, 400 "P" Street, Sacramento, CA 95814 (Re: 230, 232, 234, 240, 244, 246 and 248 South State College Boulevard). LOCATION: 2004 and 2006 East Lincoln Avenue and 230 232. 234. 236. 240. 244. 246 and 248 South State College Boulevard. Property is 0.52 acre, located 100 feet east of the centedine of State College Boulevard. City-Initiated request for reclass'rfication of thls property from the RS- A-43,000 (Residential/Agricultural) and the CG (Commercial, General) Zones to the CL (Commercial, Limited) Zone. RECLASSIFICATION RESOLUTION NO. PC97-80 Approved Granted, unconditionally SR6674NP.WP- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. IN FAVOR: 1 person spoke in favor of subject proposal. OPPOSITION: None 06-23-97 Page 27 Niki Perroto, Asslstant Planner, presented the staff report. Applicant's Statement: Mr. Allec: Stated he did not know why this was not done earner; that this costs him money, and that an injustice was done to him by not rezoning that property sooner. He explained he had requested a reclassification and when he came here, he was told it could not be changed. He has been paying commercial taxes on that property and could not allow certain uses because of the zoning. He was one of the first businesses in Anaheim and he would have had to pay $1500 or $1700 for a reclassificatlon. He responded to Commissioner Messe that he is not against this proposal. THE PUBLIC HEARING WAS CLOSED. ACTION: Approved NegatNe Declaration Granted Reclassification No. 96-97-08, unconditionally VOTE: 6-0 (Commissioner Mayer absent) Selma Mann, Asslstant City Attorney, presented the 22-day appeal rights. DISCUSSION TIAAE: 8 minutes 06-23-97 Page 28 10a. CEQA NEGATIVE DECLARATION Continued to tOb. WAIVER OF CODE REQUIREMENT July 21, 1997 10c. CONDITIONAL USE PERMIT NO. 3935 OWNER: M/M INVESCO INC., 6732 Westminster Boulevard, Westminster, CA 92683 AGENT: VICTOR PATEL, 24351 Rede Gauguin, Laguna Niguel, CA 92677 LOCATION: 1125 North Magnolia Avenue. Property is 1.5 acres located 280 feet north of the centedine of La Palma Avenue. To permit a 2,876 square foot restaurant and 5,760 square foot banquet facility with sales of alcoholic beverages for on-premises consumption with waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. SR6687TW.WP FOLLOWING IS A SUMMARY OF THE PLANNING OPPOSITION: None ACTION. Applicant's Statement: Victor Patel, agent: F~cplained this request is to allow a restaurant and banquet facility on these premises,'with consumption of alcoholic beverages and waiver of parking spaces. Commissioner Boydstun: Siated his was concerned about the number of employees for the restaurant, bar and banquet room with only three or four employees per shift. She was concerned about the parking requirements. Mr. Patel: Stated the restaurant will be leased to someone else and that he will operate only the banquet facility. He estimated there would be 500 to 600 people maximum at a banquet and that the restaurant would be handling the food portion and the banquet people would just be cleaning up and handling the decorations. He explained this is the first one In Anaheim and that they would do wedding banquets, birthday parties, etc. 06-23-97 Page 29 Commissioner Bristol: Stated his concern that 104 parking spaces would not be adequate if there was a banquet for 400 people. Mr. Patel: Stated other businesses would be closed when they have a banquet scheduled, and that Code requires 8 spaces per 1000 square feet and they have adequate parking spaces. He explained the banquets would occur after 6 pm. Alfred Yalda, Principal Transportation Planner, Traffic Engineering Division: Responded to Commissioner Messe that he is concerned about the parking now that he has heard that there could be 600 people attending a banquet. He did not think this parking lot would accommodate 600 people, even with 4 people per car; that generally there is one waiter for every 10 people to be served. He thought there should be a Ifmit on the number of people attending a banquet with this size parking lot. Commissioner Henninger: Asked ff staff had understood that this would be a banquet facility run separately from the restaurant facility.. Commissioner Messe asked 'rf a letter of operation had been submitted explaining how the proposed business would be operated? Cheryl Flores: Stated staff thought it would be one owner with scheduled banquets like weddings, etc. Commissioner Henninger thought staff should be given time to consider this information and suggested a continuance to July 21, 1997. ACTION: Continued subject request to the July 21, 1997 Planning Commission meeting in order for the applicant to meet with Traffic Engineering staff and for Planning Department staff to add additional conditions of approval. VOTE: 6-0 (Commissioner Mayer absent) DISCUSSION TIME: 7 minutes 06-23-97 Page 30 11a. CEQA NEGATIVE DECLARATION 11b. GENERAL PLAN AMENDMENT NO. 346 .INITIATED BY: CITY OF ANAHEIM., PLANNING DEPARTMENT 200 South Anaheim Boulevard, Anaheim, CA 92805 LOCATION: 2131-2211 East La Palma Avenue. Property is 3.82 acres located 740 feet east of the centerline of State College Boulevard. City-initiated amendment to the Land Use Element of the General Plan to redesignate this property from the ex(sting General Commercial land use designation to the Medium Density Residential land use designation. GENERAL PLAN AMENDMENT RESOLUTION NO. PC97-81 Approved Recommended approval of GPA 346, Exhibit A to City Council SR6667JK.WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Cheryl Flores, Senior Planner, presented the staff report. THE PUBLIC HEARING WAS CLOSED. Approved Exhibit A ACTION: Approved Negative Declaratipn _ Recommended approval of the adoption of General Plan Amendment No. 346, Exhibit A to City Council. VOTE: 6-0 (Commissioner Mayer absent) Selma Mann, Assistant City Attorney, stated this matter will be set for public hearing before the City Council. DISCUSSION TIME: 2 minutes 06-23-97 Page 31 12a. CEQA NEGATIVE DECLARATION Approved 12b. GENERAL PLAN AMENDMENT NO. 347 Recommended approval of GPA 347, Exhibit A to INITIATED BY: CITY OF ANAHEIM, PLANNING DEPARTMENT, City Council 200 South Anaheim Boulevard, Anahelm, CA 92605 LOCATION: 728-810 South State College Boulevard. Property Is 3.73 acres located south and east of the southeast corner of South Street and State College Boulevard. City-initiated amendment to the Land Use Element of the General Plan to redesignate this property from the existing Low Density Residential land use designation to the General Commercial land use designation. GENERAL PLAN AMENDMENT RESOLUTION NO. PC97-82 SR667iJKWP FOLLOWING IS A SUMMARY OF THE PLANNING OPPOSITION; None Cheryl Flores, Senior Planner, presented the staff report. Approved Exhibit A ACTION. 06-23-97 Page 32 ACTION: Approved Negative Declaration Recommended approval of the adoption of General Plan Amendment No. 347, F~ch(bit A to City Council. VOTE: 6-0 (Commissioner Mayer absent) Selma Mann, Assistant City Attorney, stated this matter will be set for public hearing before the City Council. DISCUSSION TIME: 2 minutes 06-23-97 Page 33 13a. CEQA NEGATIVE DECLARATION Approved 13b. GENERAL PLAN AMENDMENT NO. 348 Recommended approval of GPA 348, Exhibit A to INITIATED BY: CITY OF ANAHEIM, PLANNING DEPARTMENT, City Council 200 South Anaheim Boulevard, Anaheim, CA 92805 LOCATION: 2035-2145 :East Ball Road. Property is 5.25 acres located 300 feet east of the centerline of State College Boulevard. City-initiated amendment to the Land Use Element of the General Plan to redesignate this property from the existing Low-Medium Density Residential land use designation to the General Commercial land use designation. GENERAL PLAN AMENDMENT RESOLUTION NO. PC97-83 SR6675JK.WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Cheryl Flores, Senior Planner, presented the staff report. THE PUBLIC HEARING WAS CLOSED. ACTION: Approved Negative Declaration _ Recommended approval of the adoption of General Plan Amendment No. 348, Exhibit A to City Council. VOTE: 6-0 (Commissioner Mayer absent) Selma Mann, Assistant City Attorney, stated this matter will be set for public hearing before the City Council. DISCUSSION TIME: 2 minutes 06-23-97 Page 34 14a. CEOA NEGATIVE DECLARATION Continued to 14b. WAIVER OF CODE REQUIREMENT September 15, 1997 14c. CONDITIONAL USE PERMIT NO. 3940 (To be readvertised) OWNER: SHELL OIL PRODUCTS COMPANY, P.O. Box 25370, Santa Ana, CA 92799 AGENT: SERVICE STATION SERVICES, Attn: April Smith, 3 Hutton Centre Drive, Suite 711, Santa Ana, CA 92707 LOCATION: 3085 East La Palma Avenue -Shell Service Station. Property Is 0.51 acre located at the northwest corner of Kraemer Boulevard and La Palma Avenue . To construct a 1,200 square foot service station with an accessory convenience market and automated car wash facility with waivers of minimum required landscaping abutting an arterial highway and minimum required landscaping adjacent to Interior site boundary lines. CONDITIONAL USE PERMIT RESOLUTION NO. SR6497DS.WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: ACTION: None Continued subject request to the September 15, 1997 Planning Commission meeting, as requested by the applicant. Subject request will be readvertised. VOTE: 6-0 (Commissioner Mayer absent) DISCUSSION TIME: This item was not discussed. 06-23-97 Page 35 75a. CEOA NEGATIVE DECLARATION I Approved 75b. CONDITIONAL USE PERMIT NO. 3942 Granted OWNER: RONALD P. BEARD, TRUSTEE OF THE RONALD P. BEARD TRUST, 5120 Birch Street, #100, Newport Beach, CA 92660 LOCATION: 808 West Lincoln Avenue -Winston Tire. Property is 0.37 acre located south and west of the southwest corner of Lincoln Avenue and Citron Street. To retain an automotive repair facility. CONDITIONAL USE PERMIT RESOLUTION NO. PC97-84 SR6688KP.WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Applicant's Statement: Jacque Hunter, 2674 Villa Real Drive, Orange, representing Winston Tire Company: Stated he built this building 20 years ago with Winston Tire Company and is surprised to be here to get permission to continue operating the business they have operated for 20 years, and they got all the necessary permits at that time. They don't necessarily agree with all the conditions. He referred to the condition concerning the trash enclosure and explained they had met. all the spec cations at that time; that it is still there and the gate was knocked down and they replaced it, and he was not sure what is being asked. He asked for clarification of Condition No. 1. He stated if some of these things are required by Code, then they should not be as a condition. -- They want to be treated equally under the law and they will follow the law. They will follow the sign codes. There is a comment about certain operating procedures of their business, such as transmission work and engine work. Concerning overnight parking, Winston Tire does not usually park cars outside; however, there might be times when a customer would drop a car off in the evening for work the next morning, and if someone else parks on the lot, they don't want to have to be in a position to monitor and police the lot. They met all the Codes that were applicable when they pulled permits. Ten years later they came back and got another permit to add onto the building and met the Code and came before the .Planning Commission and the City Council then. 06-23-97 Page 36 Ron Beard, property owner: Stated they want to be certain that they don't have to do this again and do not feel that they should even be here today. They want to be sure that the following uses are approved: automotve vehicle repair, including the sale and installation, repair, overhaul and/or replacement of tires, suspension systems, mufflers, transmissions, engines, electrical systems, fuel systems, brakes, glass, car stereos, auto parts and accessories, tune-ups, tube and oil changes. The word "automotive vehicle" shall include, but not be limited to automobiles, boats, recreational vehicles, trucks and motorcycles. He knows that the City would not want paint and body wdrk at the location, or an upholstery shop and they agreed to that request. It is very important to have that wording. pn other staff issues, the staff had agreed to remove the condition requiring graffiti removal within 24 hours as a condition of the CUP because it is in the Code anyway. He did not like being in the situation where their permit could be terminated because of violations wRh this and he sees there were seven complaints over the last several years about graffiti, and explained he has a very responsible tenant there who takes care of things as fast as possible. Mr. Beard: Stated unless it is City Code, they don't want the CUP to have language in it which states that the tenant can't have advertisement signs within the building if it is visible to the street. If ft was not a Code issue when the building was built and if they were allowed to have banners inside the bay or at the bay door opening, then they should still be allowed to have that. Commissioner Messe: Asked if they have permission now to have transmission repair, and if they were permitted to do that 20 years ago, and if that is something they are doing now? Mr. Beard: Responded they are doing that work now. He stated he intends to own the building for a long time and does not want to have to do this again for another tenant in the future should Winston Tire decide not to stay. Mr. Beard: Stated with respect to storing vehicles, that with the exception of the three parking spaces in front of the property, all the parking is completely screened from public view, that it is behind the building and is not visible and he saw no .reason for this condition to be included and thought It is unfair and he is concerned about "heavy-handedness". Concerning the trash storage areas, he thought it was acceptable; that the gates have been knocked down by the trash trucks, but they have been put back on. He wanted to be sure that they are not being asked to rebuild what is already there. _ Mr. Beard referred to Item 13 which says that subject property shall be developed substantially in accordance wfth the plans and specs. The property has already been developed for 20 years and he wanted to be clear that they are not going to be asked later to try and rebuild something. Chairman Bostwick: Asked if everything that is there was permitted through the permit process, and Mr. Beard responded it is as far as he knows. Chairman Bostwick continued that he thought the intent was that there are not things built there which were not permitted. Commissioner Messe: Clarified that the plans submitted show what is actually on the property. 06-23-97 Page 37 Herb Stevens, Vice President, Winston Tire Company: Stated the one issue relating to their operations is No. 2 under the conditions which talks about the need which does arise occasionally to service vehicles in front of the service bays. They will have motor homes or some trucks which will need work and they don't feel they should be precluded from befog able to accommodate those vehicles. Commissioner Messe: Referred to the concern of outdoor storage and displays. Mr. Stevens: Stated he talked with Mr. Beard earlier and they are willing to follow whatever the Code for the City of Anaheim is and if displays are precluded in front of the building, they are willing comply. Their concern is anything is that would Impinge on their operation of the business, but they do have a height limitation with regard to motor homes, etc. Mr. Stevens: Stated they are willing to comply with sign codes and they did have some signs painted on the windows regarding the issuance of credit which have been removed; however, he did find it interesting that the strip center immediately adjacent has more than 20°k of their windows covered with signs and he would hope there would not be any selective enforcement against them or any other business in Anaheim. THE PUBLIC HEARING WAS CLOSED. John Poole, Code Enforcement Manager: Stated sign requirements today are not more stringent today than they were 20 years ago, and you cannot cover more than 20% of the window and that requirement was in effect when that business was started 20 years ago. He referred to the mention that some of the conditions should not be included since they are required by Code; however, it has been the policy of the Planning Gommission to refterate things just to make it clear to the applicant. He agreed that Condition No. 4 could be deleted, and added this applicant has worked very hard at that and he thought they will keep the property clean. They had asked for that condition so that the problem does not come up. Chairman Bostwick: Stated the Commission just approved another CUP for the IHOP for their patio and that was one of the conditions for that approval and asked why we would make a difference in this request, Mr. Poole: Responded the applicant seems adamant that they will remove the graffiti; and that he thought it was a good policy to add Code sections to a particular CUP, but Mr. Beard has indicated he believes they can remove the graffiti and that they have been cooperative and this has been a difficult CUP process. Since he has made that commitment, Code Enforcement is willing to delete that condition, but he would prefer to leave it in if he had a choice and thought it would be an advantage to the business owner. Commissioner Henninger clarfied this property is zoned CG and asked if automotive repair is permitted in the CG zone as a primary use. Mr. Poole responded it is a condtional use and clarified it was a conditional use 20 years ago. 06-23-97 Page 38 Commissioner Henninger: Asked how these businesses got a permit and Mr. Poole responded we do not know exactly how they got the permit; that building permits were taken out at that time. Commissioner Henninger: Stated basically they sort of slipped through the cracks and are not currently operating pursuant to a legal permit. Regarding truck repairs and boats and motorcycles, he asked if those are primary permitted uses in the CG Zone and Mr. Poole responded they are conditional uses and were conditional uses 20 years ago. Commissioner Henninger: Asked about the 20°~ window coverage and Mr. Poole responded that was a requirement 20 years ago as well. Commissioner Henninger: Asked about signs on the :interior face of a building that might be visible from the exterior through a service bay door. Mr. Poole responded that is not covered; that if the banner is hung to such a manner that the door can close, a permit has not been required. Commissioner Henninger: Referred to the repair of vehicles outside, and asked ff that is a permitted use in this zone and Mr. Poole responded k is not a permitted use but could be permitted by CUP and in that particular zone all business must be conducted wholly within the structure. Commissioner Henninger: Clarified that same thing is true with storage and was true 20 years ago. Commissioner Henninger: Askedrf the primary business of Winston Tires is selling tires. Mr. Poole responded ft seems that it has grown beyond that and that Code Enforcement has found that many stores that started as fire sales are doing more tune-ups, heavy repair, etc. and it is not just Winston. He stated he would describe the business there to be more like repairs; that there could be an occasional transmission pulled, but it seems to be more the traditional fire sales, brakes, minor repairs, and maybe an occasional heavier repair. Commissioner Bristol: .Referred to the hours of operation in No. 8, from 7 a.m. tot 1 p.m., 7 days a week, and stated there is a school directly south and multiple family units in the area and clarified that Code Enforcement has not received any complaints about noise. Chairman Bostwick: Asked if the request is that they rebuild the trash storage area or just replace the doors. John Poole: Responded the request is not that they rebuild it. On all requests such as this, we ask that they make the .repairs and he did not think it needs that much repair so ft should be rather inexpensive. He clarified all we are asking Is that they maintain it as it was built. Chairman Bostwick: Clarified as long as the doors are fn good repair, that is all that is required. He added if something happens in the future, l.e., one of the doors gets ripped off by a truck or something like that, then they would need to repair it. 06-23-97 Page 39 M. Poole referred to the condition that there shall be no overnight parking of vehicles and explained Mr. Beard gave a good explanation for this and stated Code Enforcement does iry to watch the storage of vehicles but his concern was that there could be a vehicle there which they could not get inside the service bays which needed to be there overnight. He stated Code Enforcement has never had any complaints about Winston Tire having vehicle parking problems, and he would not object if that condition is removed. He referred to Condition No. 9 and stated he would work with the wording as proposed by Mr. Beard. He stated he has tried to explain to Mr. Beard that we want to guard against this expanding more than what it is today. He stated Mr. Beard did testify that they are repairing transmissions and that has not been a problem there and .most of the things he fisted, other than the upholstery which he agreed to withdraw, would not present a problem there if managed right. If there was a problem, there would be the Conditional Use Permit process to correct it. Certainly we do not think that is a proper location to have an .auto body and painting operation. He stated he does not have a problem with the way Condition No. 9 is worded, but he understands Mr. Beard's concern that he might have some problems in the future. Chairman Bostwick: Asked if there is a concern that if Winston Tire left this facility, it could be leased to someone who does want just a transmission repair facility. Mr. Poole: Responded that could be a concern with cars being stored there and it would be the same wfth major engine overhaul. He added he has discussed that with Mr. Beard and it could present a problem because the vehicles are left on the property longer, and there would be more parts out and h takes more tools. Commissioner Messe: Stated 20 years ago this was to be a tare store and because of a changing market now, it is more automotive repair. Mr. Poole agreed and stated he believed all those businesses did oil changes and depending on the operator and their capabilities, probably more repafr went on than we anticipated. Commissioner Bristol: Stated it is not often that we find so many people come forth to respond to this condftional use permit process, in this case, the owner of the property, Winston Tire representatives, etc. H thought the concern here is that 'rf Winston Tire was not there and another business went in, it could change the focus of the business. He added there is a concern about the hours of the operation until 11 p:m. and if there was a transmission repair facility there, or a major engine overhaul business, it could be a problem. Commissioner Boydstun: Asked if they really stay open until 11 p.m. and added she has. bought_ tires there for years and has never seen them open that late at night and has had to make an effort to get there before they close. Mr. Stephens: Responded their standard business hours are 7:30 to 6:00 p.m. and one or two evenings a week, they stay open until 8 p.m. and added he would .not want to limft the hours of the operation. He stated changing the hours of operation would be an issue ff someone came in at 7:45 and has a brake problem or needs tires installed, then they would clearly operate past S p.m. to attempt to accommodate that person. Cheryl Flores referred to Condition No. 2 and asked that it be timed immediately rather than in 60 06-23-97 Page 40 days as shown in Condition No. 14; that there is a Code Amendment coming to the Commission in a couple of weeks pertaining to signs, and CondRlon No. 12 should be amended to read, "That window signs shall not exceed the Code requirement at anytime." She explained the proposed Code Amendment will limit window signs to 10°h unless it is changed before it is approved. Anew condition should be added which reads, "That signage for the subject facility shall be limited to that which is currently permitted by valid sign permits. Any additional signage shall be subject to-the review and approval of the Planning Commission as a Reports and Recommendations ftem."' Commissioner Boydstun: Suggested adding to Condition No. 2 that there shall be no outdoor storage of, or display of, or work on vehicles or vehicle parts, except vehicles too tail for bays so they could work on a motor home outside. Mr. Poole agreed that would not be a problem and 'rf that occasionally happens, Code Enforcement will work with the business owner. Chairman Bostwick: Stated ff the signs they have now are permitted, there is no problem, but if they change their signs in the future, they would need to come back to the Commission for approval and it would be a Report and Recommendation matter and they would not have to pay a fee. Mc Beard: Asked if Condition No. 7 is being eliminated. He stated it is not Ilke this matter just slipped through the cracks and pointed out there are three automotive businesses on Lincoln here today where the buildings were approved over a ten year period in the 60's and 70's. All the buildings were permitted, work has been done there for 10 to 20 years and now they are being asked to get a conditional use permit and staff is saying they don't know what happened and don't understand why there is no permit. He thought this was very unusual and they think the policy at the City at the time was that automotive repair businesses were O.K there without a conditional use permit and it would not have been something that slipped through the cracks over a ten year period of lima. Commissioner Boydstun: Stated 20 years ago, a the store was a tare store and the nature of the business has changed because of EPA Codes and different reasons, we can't allow certain businesses in certain places. Mr. Beard: Responded they understand and that is why they are cooperating and trying to get everything handled. Commissioner Messe added he would think that the owner would want to have the legal umbrella of the CUP rather than just operating the way they are. - Mr. Stevens: Stated 20 years ago they thought they got all permits from the City of Anaheim; that they got the building permit, got the inspections, and when they opened, they got a Certificate of Occupancy. Tens years ago he came back to add onto the building and he personally came before the Planning Commission and got approval and also from the City Council and they assumed they had whatever was required and that some of the files may be missing, but that necessarily is not their fault. t-1e added Winston Tire Company does not franchise and all 180 stores are company- operated. Commissioner Henninger: Stated the existing use has been the Winston Tire Company and that they primarily sold tires for normal passenger vehicles and it sounds Ilke occasionally they have a motor home or a truck which they service; that it seems to him that it would be an entirely different 06-23-97 Page 41 use to have primarily a boat repair facility, or truck repair or motor home repair and this site is not adequately sized and designed for any of those uses. He thought we need to be clear that this is a CUP for what it says in the proposed uses for automotive repair. He wanted to be sure that automotive repair means predominantly normal passenger cars. Chairman Bostwick referred to the wording proposed by the owner. Commissioner Henninger: Asked what is regularly meant by this category of CUP where it says "automotive repair facility"? Greg Hastings, Zoning Division Manager: Stated the advertisement Is "automotive" and in the past we have had conditional use permits for vehicular repair and we are very specific now as to what is .being repaired. Staff tries to bring it to Commission's attention when there is a crossover, and that going from automobiles to boats is very important because we look at different aspects. This was advertised to retain an automotive repair facility, meaning passenger vehicles. Commissioner Henninger: Asked ff ".automotive repair" is a defined term in our Code. Greg Hastings responded he did not believe it is; that we have a definition of "vehicle" in the Code which includes all the things in the letter. Commissioner Henninger: Asked why not define automotive as we are using it for this permit and Mr. Hastings responded using what we have in the Code right now, ft does Indicate vehicles as being recreational vehicles, boats and motorcycles, and suggested limiting it to passenger vehicles, it would automatically not allow the boats, recreational vehicles, motorcycles and commercial trucks. Commissioner .Henninger: Referred to the applicant's list as follows: automotive vehicle repair, sales and installation, repair, overhaul, replacement of tires, suspension systems, mufflers, transmissions, engines, electrical systems, fuel systems, brakes, glass, auto stereo, auto parts and accessories. He stated he thought that would be a different use and would be a primary permitted use under this Zone. He continued: tune-ups, tube and oil change. He asked if staff would .like to see the word engines deleted from that list. Mr. Hastings: Responded originally staff was concerned about maJorengine overhauls being the emphasis of this business and the concern with that would be that there is not enough facility here or enough room to store automobiles ff that were to occur. Commissioner Henninger: Stated that staff fs interested in having engine and transmissioh overhauls as secondary uses. Concerning the definition of vehicles, he suggested a size limit of two axles being placed on normal passenger vehicles, and a weight limit of 10,000 pounds, and recreational vehicles would be an incidental use. Mr. Hastings: Stated the types of vehicles would be automobiles, trucks limited to 2 axles and the gross weight not to exceed 10,000 pounds; and allowing incidental repair of recreation vehicles, and engine overhaul and transmission repair would be incidental. 06-23-97 Page 42 Commissioner Henninger: Stated his Intention is that he did not want to interfere with their current operation and thought basically this allows them to continue with what they have been doing. He explained basically he is saying that they can do engine and transmission repair on an incidental basis .and it needs to be secondary to the primary use. If they did major overhauls he thought ii would be an entirely different use and their Interior space would have a hot tank, machine shop, etc. Mr. Beard: Stated they do service plumbing vehicles, commercial vehicles and the size limitation might work, but they do not want to exclude commercial vehicles. Mr. Beans: Stated this CUP is for the whole property. Commissioner Henninger responded that he understands that and that he would not approve of an engine overhaul use in that area. Mr. Beard: Stated this property is perfect for repair of transmissions and mufflers. He stated the site (s .perfect for that because the place where the cars would be is completely screened from the street. Commissioner Henninger explained he did not exclude mufflers and that transmission repairs would be incidental. ACTION: Approved Negative Declaration Granted Conditional Use Permit No. 3942 with the following changes to conditions: Modified Condition No. 2, 7, 8, 9, 12 and 14 to read as follows: 2. That no outdoor storage of, display of, or work on vehicles or vehicular parts, except for vehicles that exceed the height of the bay, shall be permitted and that all existing outdoor display including fire displays, and portable signs shall be removed and further that no outdoor work shall be conducted at any time. 7. That no outdoor overnight parking of vehicles shall be permitted, except for cars dropped off for service the following day. 8. That the business shall operate as follows as stated by the petitioner: Type of Business: Tire sales, installation, service and general automotive repair Business Hours: 7 a.m. to 9 p.m. seven days per week Number of Employees: 10 maximum at any one time 9. That automotive vehicle repair, Including the sales and installation, repair, and/or replacement of: tires, suspension systems, mufflers, electrical systems, fuel systems, brakes, glass, car stereos, auto parts and accessories, tune ups, lube and oil changes shall be the primary use of the property. The term "automotive vehicle" shall be limited to automobiles (normal passenger cars), 2-axle trucks, not exceeding ten 06-23-97 Page 43 thousand (10,000) pounds gross weight, and incidental recreational vehicles. Further, incidental repair, overhaul and/or replacement of transmissions and engines shall be permitted. Automotive body work, upholstery and painting shall not be permitted. 12. That window signs shall meet Code requirements. 14. That Condition Nos. 1, 10 and 13, above-mentioned, shall be completed wfthin a period of 60 days from the date of this resolution. Added the following Condition: That signage for the subject facility shall be limited to that which is currently permitted by valid sign permits. Any additional signage shall be subject to the review and approval of the Planning Commission as a Reports and Recommendations kem. VOTE: 6-0 (Commissioner Mayer absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 50 minutes 06-23-97 Page 44 16a. CEOA NEGATIVE DECLARATION Approved 16b. CONDITIONAL USE PERMIT NO. 3943 Granted OWNER: NORMAN AND BEVERLY PESICKA, 24528 Sunshine Drive, Laguna Niguel, CA 92677 LOCATION: 524 West Lincoln Avenue - Goodyear Tires. Property is 0.26 acre located approximately 300 feet west of the centerline of Harbor Boulevard. To retain an automotive repair facility. CONDITIONAL USE PERMIT RESOLUTION NO. PC97-85 SR6693KP.WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Applicant's Statement: Norman and Beverly Pesicka, owners at 524 West Lincoln, Goodyear Tire Store spoke Jointly. Beverly Pesicka: There were items that they had concerns with Item. No. 1, the trash storage area, they were concerned about the specs they were given were for a new structure but in this case the building already exists. They are more than willing to Install a gate but they can not put a type of gate that is being asked for because the size and dimensions would not fik. She requested that they be allowed to install a chainlink gate or wood gate instead. She also requested the hours of operation7rom 7:00 a.m. - 8:00 p:m. Monday through Saturday and Sunday 9:00 a.m. through 4:00 p.m. She objected to Condition No. 14 because it is an existing building and it appears as though the condition refers to a new building. This building has been there for 30 years or more. Mrs. Pesicka stated they want to comply and are in the process of doing that but they object having to pay for the cost of Code Enforcement inspections. Beverly Pesicka: On Condition No. 15, they were asked to change the diagonal parking areas in the front to two parallel parking spaces. She wanted to make sure they could leave the striping off and Just stripe the rear property. Chairman Messe: Asked if their intentions were to have no parking out in front? 06-23-97 Page 45 Beverly Pesicka: Responded there would be two parallel parking spaces. They were hoping that they would not have to stripe them. Norman Pesicka: They could stripe those but the parking bumpers are another Item of concern. It would hard to put parking bumpers on a parallel parking situation. Bevedy Pesicka: Stated Condition No. 17, regarding a bumper stop. They do not know ff the abandoned lot behind the alley belongs to them and have not been able to find out. They do not want to put bumpers in front of that until they are certain. Bevedy Pesicka: Stated Condition No. 19 regarding signage. Regarding Condition No. 20, she did not understand the reasoning for that condition because the building is already existing. Chairman Bostwick: Stated as they explained to the last applicant basically that it is permitted. It fs already built so that is alright, just :make sure they do not put any structures that are not permitted in the future. Norman Pesicka: Asked for a clarification regarding engine and transmission parts. They have a small amount at their facility. Chairman Bostwick: Explained that it what they meant, it is not an .accessory use. It is not a primary use for the property. PUBLIC HEARING WAS CLOSED Chairman Bostwick: Asked Mr. Poole what is required for Condition No. 1, trash enclosure? John Poole, Code Enforcement Manager: Stated they would get the doors configured so they would fit on the current enclosure. It is not necessary to rebuild them. Chairman Bostwick: Asked if chainlink, as they ask for, is permitted dr do the doors need to be solid wood? John Poole: Responded they need to be solid wood doors. John Poole: Stated the only Zoning approval that has been given to this property was in 1962. There was a variance for muffler and for break installation. There has never been any Zoning entitlements for auto repair, fire alignment, etc. There was a variance that was applied for and obtained in 1962, but only for the installation of mufflers and breaks and not for full scale auto repair which they have today. Condition No. 4, it is very good that grafftti is removed within 24 hours. On Condition No. 8 staff does not have any problems with the change of hours. On Condition No. 9, that they have indicated that they wanted approval for auto body work and he would recommend against that, in fact, he would recommend that the same condition that was on Winston Tire also be included. He indicated Greg Hastings or Alfred Yalda would explain Condition No. 14. 06-23-97 Page 46 Alfred Yalda, Principal Transportation Planner, Traffic Engineering Division: Stated it refers to when the parking of is restriped to meet the parking Code which is 8%= feet by 18 feet. He indicated if the applicant desires he would be glad to explain it in more detail after the meeting. John Poole: Stated that would also apply to Condtion No. 15 since they are In conjunction.. Condition No. 16, the fee inspection are a general practice with many properties that come before Commission. They have been trying to get certain things cleaned up on the property. They believe that will help the owner in getting compliance from the tenant. The charge is to recover the cost of the inspection so the general tax payers do not have to bear the burden of looking after a particular business. Condition No. 17 regarding the bumper stops, the alley does not belong to the Goodyear Store. It belongs to a property that was owned by Phillip Corray. He has property to the west of the Goodyear Store. Mr. Yalda would like to address this Condition. Alfred Yalda: They do not generally recommend that at all because it is on private property and they try to eliminate bumpers anyway in the City. If the property owner chooses to put the bumper then ft is their choice. It should not be Traffic Engineering or the City's posftion to recommend that at all. Chairman Messe: Stated so he is saying that Condition No. 17 be deleted, is that correct? Alfred Yalda: Responded that is correct. Greg Hastings: Recommended a condition be added that the window signs be limited to what the Code requires. Norman Pesicka: Stated he had a question regarding the back storage and where the wheel barrels are currently. A report they received indicated removing oil containers and putting them on the inside which he agreed. On one report it refers about removal of the chainlink fence. There Is an air compressor down there for safety reasons plus they have other storage like an Iron barrel for used iron and other things like that wouldn't cause an environmental hazard. Chairman Messe: Is that part of the conditions? Norman Pesicka: Stated he could understand putting the oil barrels on the inside but it Just .refers to chainlink enclosure and he did not understand what they were referring to, whether they mean tearing it down or leaving It there. John Poole: Explained the enclosure is larger than what he would need for small storage. If he moves the oil inside he can reduce that but right now the enclosure in the hoist next to ft is taking up the required parking places. Chairman Messe: Asked 'rf that was the area where there was a compressor? John Poole: Responded he has not noticed a compressor. He asked Mr. Pesicka if there is a compressor inside the fenced area? 06-23-97 Page 47 Mr. Pesicka: Responded yes. That is one of the purposes for putting the chainl(nk fence around there. Norman Peslcka: The hoist is going to be removed and it was put there without his permission. Chairman Bostwick: Stated ff they reduce the chainlink to just surrounding the air conditioner that would move R close to the building and make it so it is safe. It would give them enough room to have all the parking that is required. John Poole: Alfred Yalda believes they can work with him regarding adequate parking. Commissioner Bristol: Regarding Condition No. 7 that states, 'That the continued use of two (2) hoists beneath the building canopy shall be permitted for minor service and fire replacement only." Asked if the applicant was in agreement with the condition? Norman Pesicka: Responded yes. Chairman Bostwick: Suggested he might want to have his tenant clean up the oil.. Norman Pesicka: Responded yes. Commissioner Henninger: Stated it seems that area should to be rebuilt. A slab and a shed could be built around there to enclose it. Chairman Messe: He was there the other day and there were two cars coming out of the property. It appears to be a very tight area. He asked ff they could do without the parking stalls in front and Just have it cleady marked for ingress and egress to their property . He thought perhaps that would improve the siltation. He asked Mr. Yalda for his opinion. Alfred Yalda: Responded yes. Commissioner Henninger: Agreed just eliminating the parking up there entirely. Commissioner Bristol: Stated when he was out there parked in one of those spaces and he could not get out because a customer was parked. He has to wait until the customer pulled out. Norman Pesicka: Stated he understands the situation going in .and out is bad. It was not so bad until on that alley way there use to be an entrance coming in from Harbor down the alley way from the back of the property and then that was supposedly abandoned .and Home Savings put a driveway and a wall across there and closed off that alley way. The was the digress before. You would enter on Lincoln and then drNe out that alley way to Harbor and that was the exit. 06-23-97 Page 48 Chairman Messe: Stated he could not get into his property. He went onto the bank property and he was able to leave the bank property Immediately into the alley way and behind the bakery and go on out to Harbor. Norman Pesicka: Yes, that alley way use to run all the way from Harbor down pass by his property. As a matter a fact, the arrows are still on .his back property that show the entrance/exit. Home Savings got that abandoned strip and they put the driveway across and used that lot for parking. Commissioner Henninger: Stated CondRlon No. 1 should be amended to state that the existing trash storage area shall be refurbished with an all wood gate. Commissioner Henninger: Asked staff's opinion on the chainlink enclosure for the compressor outside or enclosed with a shed. John Poole: Responded R should work wfth a chainlink enclosure. You do see that in some properties, especially the older properties. Therefore, Condition No. 2 Can be left as is. Commissioner Henninger: Stated regarding Condtion No. 7, there Is an outside hoist that is going to be removed. Chairman Bostwick: Stated they are going to remove the outside hoist located near the compressor (Condition No. 12). Commissioner Henninger: He recommended changing Condition 8 regarding the hours of operation from 7:00 a.m. to 9:00 p.m. Monday through Saturday and 9:00 through 4:00 p:m. on Sunday. Commissioner Henninger: Stated regarding Condition No. 9, he suggested taking that condition as done in the previous item. Commissioner Henninger: Stated regarding Condition No. 11, he suggested striking out the second sentence in the Condition which states, "one parallel parking space, subject to the review and approval of the City Traffic and Transportation Manager may provided in this area". Commission Bostwick: Suggested adding one condtion that states window signage should meet Code. - - Commissioner Henninger: Stated it should be both window signage and any new signs coming forward through a Report and Recommendation Rem. John Poole: Stated Mrs. Pesicka indicated to him that the tenant is being evicted and the Pesicka's have been very cooperative. Chairman Messe: Stated before they vote on this resolution asked the applicants 'rf they had any problems with any of the conditions. 06-23-97 Page 49 Cheryl Flores: Regarding the chainlink enclosure was that to be entirely removed and reduced to the size so it goes around the compressor? Chairman Bostwick: Responded it would be best to hoist the chainlink would be reduced to Just enclose the air compressor. Norman Pesicka: There is a slab out where that chainlink goes around. Chalrman Bostwick: The problem is when you leave h the same size as what it is now the next tenant is going to be encourage to store something inside of it and that Is something that Commission does not want to happen. It might be better of if you take the chainlink away and put a shed around the air compressor for safety reasons and leave the slab where it is at. Commissioner Henninger: State he did not think there would be objection to enclose the slab with a shed. That is an option ypu can do through a normal building permit. Selma Mann: 22 day appeal rights. ACTION: Approved Negative Declaration Granted Condftlonal Use Permit No. 3943 with the following changes to conditions: Deleted Condition Nos. 16 and 17. Modified Condition Nos. 1, 8, 9, 11 and 12 to read as follows: That the existing trash storage area shall be refurbished to the satisfaction of the Public Works Department, Streets and Sanitation Division to comply with minimum requirements including the installation of wooden or metal gates to screen bins from view. 8. That the business shall operate in conformance with the following: Type of Business: Tire sales, installation, service and general automotive repair Business Hours: 7 a.m. to 9 p.m. Monday through Saturday and 9 a.m. to 4:00 p.m. on Sunday Number of Employees: Maximum 5 at any one time 06-23-97 Page 50 9. That automotive vehicle repair, Including the sales and installation, repair, and/or replacement of: tires, suspension systems, mufflers, electrical systems, fuel systems, brakes, glass, car stereos, auto parts and accessories, tune ups, tube and oil changes shall be the primary use of the property. The term "automotive vehicle" shall be limited to automobiles (normal passenger cars), 2-axle trucks, not exceeding ten thousand (10,000) pounds gross weight, and incidental recreational vehicles. Further, incidental repair, overhaul and/or replacement of transmissions and engines shall be permitted. Automotive body wprk, upholstery and painting shall not be permitted. 11. That the four (4) existing angled parking spaces at the north portion of the property shall be eliminated. 12. That the hoist at the rear of the property shall be removed and the chain Zink enclosure at the rear portion of the property shall be reduced to enclose the air compressor. Said compressor shall comply with State safety pressure codes. Added the following condftion: That window signs shall meet Code requirements. VOTE: 6-0 (Commissioner Mayer absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 35 minutes 06-23-97 Page 51 17a. CEOA NEGATIVE DECLARATION Contlnued to 17b. CONDITIONAL USE PERMIT NO. 3944 August 18, 1997 OWNER: WILHELMINA P. KEELS TRUST, CHARLES B. KEELS TRUSTEE, 27351 Avenue 196, Strathmore, CA 93267 AGENT: BRAD MILES, 10791 Los Alamitos Boulevard, Los Alamitos, CA 90720 LOCATION: 718 West Lincoln Avenue. Property is 0.32 acre located at the southeast corner of Lincoln Avenue and Citron Street. To retain an automotive repair facility. CONDITIONAL USE PERMIT RESOLUTION NO. SR6703KP.WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Continued sub)ect request to the August 18, 1997 Planning Commission meeting In order for the applicant to work with staff regarding the proposed conditions of approval. VOTE: 6-0 (Commissioner Mayer absent) DISCUSSION TIME: This Item was not discussed. 06-23-97 Page 52 18a. CEOA NEGATIVE DECLARATION Approved 18b. WAIVER OF CODE REQUIREMENT Approved 18c. CONDITIONAL USE PERMIT NO. 3945 'Granted OWNER: SANDERSON J. RAY DEVELOPMENT, 2699 White Road, Irvine, CA 92714 AGENT: ROBERT ENGEN, 701 South Parker Street, Suite 1000, Orange, CA 92868 LOCATION: 1320 East Sanderson Avenue. Property is 1.56 acres located at the southwest corner of Sanderson Avenue and Phoenix Club Drive. To establish a church and elementary school for up to 49 children within an existing 12,400 square foot office building with waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. PC97-86 SR6669JK.WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: 2 people spoke with concerns. ITEM NO. 18: Applicant's Statement: Robert W. Engen, 701 S. Parker St., Orange, CA: Stated the Anaheim Christian Tabernacle who fs involved with this petition would like to move from their current location on North Homer. Currently they are in discussions with Mr. Hardcastle, Real Property Division, Public Works Department, regarding possible City acquisition to add parking to the Stadium which is by Harbor on Anaheim Bivd. The Anaheim Christian Tabernacle was started in Anaheim In 1927 and R currently has approximately 200 members in the congregation. In the morning session Commission received a revised letter from them indicating that they were aware of the traffic flow to the Pond and to the Phoenix Club and that there were certain things that the previous tenant had done there that they would clean up and take care of. Pastor Ed Lopez has spoken to the Executive Director of the Phoenix Club and they are compatible wRh the use and they have no problem with the Phoenix Club's alcohol use. 96-23-97 Page 53 Public Testimony: Ervvin Simons, General Manager of the Phoenix Club: Stated he had some concerns and that is that they have some larger festivities. They have 10-t 2 weekends that are used strictly by the Phoenoc Club where alcohol is dispensed in the park. They have a PA (public address) system, music, Ilve bands and during Octoberfest there will be a lot of action at their facility. Parking at this point is to the limit. The City of Anaheim allows them to park at The Pond. The Phoenix Club also leased out the outside park to James Productions, a company which .has worked for 15 years with the Phoenoc Club and worked with them when they were at their old location on Douglass Road. The Phoenix Club has a contract with them and when the Phoenbt Club is not using the facility then this company is using it. From the beginning of April to the middle of December, every weekend there is an event. He recalled at their previous location a trailer park a year later was set up there and thereafter the Phoenix Club had conditions imposed on them due to the noise. His concern is that they might find themselves in another position like that. They would like an assurance when there is school and when there is a church that they or their lessee not going to be restricted from performing their scheduled events which are planned one year in advance. When he initially spoke with Pastor Lopez they did not see any problems because they did not give the matter much thought until they received detailed information of what was to happen. Their facilities are right next to the Coldwell Bank building. Mr. Simons stated he would Ilke assurances that there will be not restrictions in the future. Munfred Walder, Secretary to the Phoenix Club: Stated one of the tenants is Disneyland and they have high activities and are very noisy. Applicant's Rebuttal: Robert W. Engen: Responded there has been some cleaning up of the building and some preparation of the building getting ready for this, over the past several months. They along with Pastor Able, Assistant Pastor of the Church, have discussed this and they are aware that there are noises going on at the Phoenix Club and it does not seem to bother internally in the building. They have their own parking and they are w(Iling at times when they are not there to cooperate with the Phoenbt Club and allow them to use their parking lot. The sound, based on a number of weekends when they observed it is not a problem. Erwin Simons: Stated he wanted to clarify their Octobertest goes into the evening have not started and they will be within the next three to four weeks when they start our with the Village Faire (similar to the street faire in Orange) with both events it will be quite different. That would be the outside. They also have their main building which is fully booked throughout the year from day to day with seminars, dinners, banquets, wedding receptions, etc. which creates a lot of activity and traffic: - They Just want to be certain that they will not be returning in a few years and told that the Phoenuc Club can not do this anymore. They are very grateful to the City for all the help they have received and they will try to keep up and obey the City's laws and regulations. Commissioner Mesee: Asked whether they had a conditional use permit. Erwin Simons: Responded yes. Commissioner Messe: Does that CUP address the noise issue? 06-23-97 Page 54 Erwin Simons: Responded he was almost certain that it was included In the paperwork at the time. They have never had a problem where the City had to come out for any reason. He Is concerned because it is a church with a school and the children being in close proximity to alcohol use. Commissioner Messe: Stated he received an answer from the applicant that he is aware of what you do. Commissioner Henninger: Recalled in the past there was an Instance with a church in an area who they thought the existing uses were a little too aggressive for neighbors of a church. He asked Selma Mann ff there was anything he could do in the way of having the church record a covenant or notice that would put everyone on notice that the church was well aware of the noise issue and accepted it. Commissioner Messe: Stated the letter addresses the liquor question and the traffic question but it did not address the noise issue. Selma Mann, Deputy City Attorney, responded something could placed along the Ifnes of a letter drafted as a declaration and covenant and have ft unsabordinated recorded against the property to expire at the same time as the CUP for the church so ff would :not be a continuing burden on the property if the church left. Commissioner Messe: Stated on the other hand he would not like to see them limited from objecting to noise if the noise level becomes so Intense that it became a problem. Commissioner Henninger: Stated ff needs to refer to the CUP and what Is permitted by the CUP. There was further discussion regarding the noise Issue. Commissioner Boydstun: She agreed a covenant could be drafted and in a more detail regarding the noise and the outside activity that the Phoenix Club has and that they are aware of it and they have no problem with it and it could be record it as a covenant. Selma Mann: Stated an applicant could be provided with a form covenant, have them prepare ff and then the City would review ft to see that it is complete. The Ciry Attorney's Office would prefer not to be in the posffion of being directed to draft a covenant. Commissioner Henninger: Stated a condition will be added to Indicate that the applicant will prepare the covenant for review by the City Attorney's Office. Cheryl Flores: Stated there is another Condition that could be added, to limit the student enrollment to 49 students in grades 1 through S, as advertised. Commissioner Messe added a condition to limit the enrollment to 49 student (grades 1 through 8). Condition No. 7 was amended to include the conclusion language that was discussed. 06-23-97 Page 55 ACTION: Approved Negative Declaration Approved Waiver of Code Requirement Granted Conditional Use Permit No. 3945 with the following changes to conditions: Amended Condition No. 7 to read as follows: 7. That the granting of the parking waiver is contingent upon operation of the use fn conformance with the assumptions and/or conclusions relating to the operation and intensity of use as contained in the parking demand study that formed the basis for approval of said waiver. Exceeding, violating, Intensffyfng or otherwise deviating from any of said assumptions and/or conclusions, as contained in the parking demand study, shall be deemed a violation of the expressed conditions Imposed on said waiver which shall subject this Conditional Use Permit to termination or modffication :pursuant to the :provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. Added the following conditions: That school enrollment shall be limited to forty nine (49) students, grades 1 through 8. That the legal owner(s) and tenant(s) of subject property shall execute and record an unsubordinated covenant in a form approved by the City Attorney's Office wherein such owner(s) and tenant(s) declare that they are aware of and do not object to the lawful operation of the conditional use permit for the Phoenix Club on adjacent property and acknowledge that they are aware of the indoor and outdoor activRies that take place at the Phoenix Club on a year- round basis relating to liquor, noise, hours of operation, traffic and parking. A copy of the recorded covenant shall be submitted to the Zoning Division. VOTE: 6-0 (Commissioner Mayer absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 20 minutes 06-23-97 Page 56 MEETING ADJOURNED AT 4:40 P.IN. NO QUORUM IS ANTICIPATED FOR THE MEETING OF JULY 7, 1997 Please note: It is anticipated that the meeting of July 21, 1997 will begin at 9:00 a.m., for review and discussion of a proposed Code Amendment related to the City's business sign provisions and a discussion of separation of facilities as related to ICF/DD-H (health care) homes and residential care facilities and to discuss distance requirements between large family day care homes. Respectfully submitted, Ossie Edmundson Senior Word Processing Operator 06-23-97 Page 57