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Minutes-PC 1997/09/03SU MARY ACTION AGEN®A A AHEIM CITY PLANNI G COM ISSIO MEETING WEDfVESDAY, SEPTEMBER 3, 1997 10:00 A.M. UPDATE ON THE FORMATION OF THE ANAHEIM COLONY HISTORIC DISTRICT • STAFF UPDATE TO COMMISSION OF VARIOUS CITY DEVELOPMENTS AND ISSUES 11:00 A.M. PRELIMINARY PLAN REVIEW 1:30 P.M. PUBLIC HEARING TESTIMONY COMMISSIONERS PRESENT: BOYDSTUN, BOSTWICI<, BRISTOL, HENNINGER, MAYER, NAPOLES, PERAZA COMMISSIONER ABSENT: NONE _. STAFF PRESENT: Selma Mann Annika Santalahti Greg Hastings Cheryl Flores Greg McCafferty Richard Bruckner Melanie Adams Alfred Yalda Margarita Solorio Ossie Edmundson Assistant City Attorney Zoning Administrator Zoning Division Manager Senior Planner Associate Planner Community Development Associate Engineer Principal Transportation Planner Senior Secretary Secretary P:\DOCS\CLERICAL\MINUTES\AC090397. W P ITEMS OF PUBLIC INTEREST: None REPORTS AND RECOMMENDATIONS NONE 09-03-97 Page 2 PUBLIC HEARING ITEMS 2a. CEQA NEGATIVE DECLARATION Approved 2b. WAIVER OF CODE REQUIREMENT Approved, in part 2c. CONDITIONAL USE PERMIT NO. 3957 Granted, in part 2d. TENTATIVE PARCEL MAP NO. 97-155 Approved OWNER: CH ANAHEIM, LTD., C/O CROWN REALTY & DEVELOPMENT, 20101 S.W. Birch Street, #260, Newport Beach, CA 92660 AGENT: CROWN REALTY & DEVELOPMENT, ATTN: FRITZ HOWSER, 20101 S.W. Birch Street, #260, Newport Beach, CA 92660 LOCATION: 2001 • 2221 East Katella Avenue and 1750 South State College Boulevard -Stadium Crossings. Property is 11.9 acres located at the northeast corner of Katella Avenue and State College Boulevard. Request to establish an 8-lot commercial complex to construct a planned "mixed-use" center (including a 140-room hotel with accessory sales of alcoholic beverages for on-premises consumption., a drive-through fast food restaurant, up to 4semi-enclosed restaurants with sales of alcoholic beverages for on-premises consumption, retail, office, bank, .and a fitness center with accessory sales of alcoholic beverages for on-premises consumption) and up to thirteen (13) freestanding signs with waivers of (a) required lot frontage, (b) minimum landscape setbacks., (c) minimum parking lot landscaping, (d) maximum aggregate area of signage in the CO Zone, (e) minimum number of parking spaces, (f) minimum structural setbacks adjacent to arterial highways and (g) minimum structural setbacks adjacent to an interior site boundary line. Continued from the Commission meeting of August 18, 1997. CONDITIONAL USE PERMIT RESOLUTION NO. PC97-121 S R6776KB. W P FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None 09-03-97 Page 3 Applicant's Statement: Robert Flaxman, Crown Realty and Development, as agent for Cli Anaheim, Ltd. (Owner of the property): Stated it is his understanding in speaking with Fritz Howser (a staff member of their company) that other than the two open items staff is also in agreement with all the other items. Greg McCafferty, Associate Planner: Stated Mr. Flaxman is correct, the two outstanding items are: 1) the garden wall signs for Carl's Jr. and 2) the expanded list that is different from Attachment "A" of the staff report where the applicant wants to included national and regional chains that have a certain number of stores (franchises) in the region. Robert Flaxman: Assuming they obtain the approval from Commission, asked how he would get into the record the items that they have agreed to in the terms of an addendum to the staff report itself. Chairman Bostwick: Asked if the memo could serve as an addendum? Greg McCafferty: The only substantive changes to the staff report are Melanie Adam's (from Putilic Works) additions and refinements regarding the drainage and hydrology, the sewer and the private street. The only other change would be Building "E", the corner building at Katella and State College, instead of calling that a shop would be allowed tenant., it will be a pad tenant, which would mean a different amount of signage for that corner. Robert Flaxman: Stated Greg was correct. There were other things discussed and he was not certain if the staff report would be the appropriate place for them or not. One was an issue of the relative allocation of costs and work for the undergrounding of the utility lines between developer and the Electrical Engineering Division and a cost sharing or reimbursement agreement that they could petition the City for the new signal at Katella. Those are two significant items, they are in agreement on but whether they should be incorporated with the approval. Greg McCafferty: Suggested when action is being taken on this project, Melanie can read into the record the revised conditions and staff can read with regard to the method district for the sharing of the cost of the traffic signal. The costs of the developer and the City is an items for discussion. The costs of the undergrounding of the utilities is something that Public Works or Utilities necessarily agrees with. Robert Flaxman: Stated these understandings arise from conversations that he has had with Mike O'Keefe and the Electrical Engineering Division. It is Mr. Flaxman's understanding that they are to dig the trenches, lay the conduit, put in all the underground vaults. Electrical Engineering will provide the actual engineering, that is tell them what they are suppose to build, come in and lay the cable and install the transformers. When the users come in for serve, they will have pay the associated hookup fees. There will be a back bone system that will be within the project for which the applicant will be providing an easement to the Electrical Engineering Division. An the applicant pays 100% of the costs for things within their project. With the undergrounding of utilities at Katella and State College they have agreed upon the allocation of work and cost (they put in conduit and do the trenching and Electrical Engineering puts in the cable, transformers and equipment. Greg McCafferty: Stated he thought there was not much disagreement on what Mr. Flaxman had stated. Staff just wanted to make sure that the conditions were worded appropriately so the applicant would understand what their costs are. Greg confirmed Mr. Flaxman's statement was in line with what Mike O'Keefe had indicated to staff. Robert Flaxman: Stated it would be appropriate at this time to discuss the two open items. First the tenant list: When they were working with staff on the buildings in question (Pads A,B,C and D), staff asked them for the types of tenants that they thought were most likely to occupy those 09-03-97 Page 4 buildings. They came up with an example of the types of tenants that they thought were most appropriate and were in the market place for those buildings. They did not submit the list with the idea that this would evolve into an approved tenant list. They preferred not to have a list at all. They just wanted an approved use and to know how many tenants can go in the building. They do not want to not have to return to Commission every time there is a 1200 sq. ft. tenant that is initially going in or there is a replacement. if Commission feels they need to have a list, then they have suggested that any national or regional business that operates at least three stores in California be suitable:' They want language that gives them some flexibility and who they accept as tenants. Chairman Bostwick: Then is Mr. Flaxman is suggesting that, Item 26 on page 24, the list, be eliminated and use some language that relates to operators of businesses with multiple tenants? Robert Flaxman: Clarified by indicating that they do not see a need for a list or any language at all that the project is conditioned for certain uses. They, as the owners of the property, should be allowed to lease the space to whomever they see fit as long as it otherwise conforms with the conditions. Alternatively, if that is not acceptable to Commission, then keep the list but add the verbiage suggested earlier. Greg McCafferty: Stated staff understands his concern but their whole recommendation was predicated on that list. Had they not submitted that list., staff would have looked more carefully at Pads A through E in terms of tenant spaces that he was asking for. He was essentially asking for certain number of tenant spaces but he does not have all his tenants lined up yet. Staff believes it is critical because of its location to have a good idea of the quality of the uses as well as the use itself. Commissioner Henninger: Stated his sense of this is that they should probably add the clause "or similar tenants" at the end of the tenant list and amend the language proceeding that to say that for non-similar tenants, the petitioner must come back to Commission as a Reports and Recommendation and ask for a change. Then staff has the ability to discuss what similar means with the applicant. The suggested wording of "national chain" does not indicate what type of use it would be. Robert Flaxman: Responded he could agree to that. When they put the list together it was something that was rushed and not a lot of thought was put into it. He has been talking with Mr. Howser, their project manager, who indicated there have been several tenants that have inquired about the project that they never thought to include on the list. For instance, they received a call from Remedy Temp which is a service commercial use which is not on their list. He would agree on the language that Commissioner Henninger suggested and if they have a problem working with staff then return as a Reports and Recommendation Item. Commissioner Henninger: Asked if staff was agreeable to this? Greg McCafferty: Responded it was fine with staff. Chairman Bostwick: Stated the other issue was the garden wall sign Robert Flaxman distributed a handout (materials Commission has been given previously, to serve as a reference for the discussion) then stated there was a discussion about the garden wall sign at the previous public hearing. The essence of their continuing request for the garden wall sign. The approved signage cannot benefit the drive through business proposed for the center of the project because it is screened from the street. They have suggested incorporating these signs into the landscaping that they have proposed to screen the project. They are building a four to five foot landscape berm almost the entire length of Katella from the .pads over at the new intersection almost all the way to State College. They are designing a sign to be harried in the berm as part of that landscaping. They think it is tastefully done, enhances the project and provides the type of tenant 09-03-97 Page 5 identification that is worthy of the architecture and the money invested in the project Chairman Bostwick: Stated he agreed the signs are appropriate where they .are and rather than putting another tenant at the corner of Katella and State College add to the congestion. He likes the architectural design of the proposed "Southern California" theme for the restaurant which is going to add to the center and hopefully to the City of Anaheim. Commissioner Boydstun: Agreed, the signs fit in .and are not intrusive in any way. Commissioner Henninger: Thought the restaurant is going to look unique and looking forwarding in seeing it. Chairman Bostwick: Asked whether Mike O'Keefe is going to testify? Greg McCafferty: Responded he had been paged. He asked Mr. Flaxman about the wording of Condition No. 15, page 22, and if it was acceptable and meet the understanding of what their obligation would be. If it does, then staff does not have an issue. Robert Flaxman: Noted that it states all costs for substructures and conduit is paid by the developer. That language came as a result of their discussions and agreed with Electrical Engineering. If they all agree that this condition means the applicant will put in all the substructure and conduit and Electrical Engineering puts in the cable and the equipment, then he is fine with the language. Commissioner Henninger: Stated that is what is stated in the condition and it will be noted in the minutes. Chairman Bostwick: Stated he noticed Item No. 30-K, page 25. It states Pad E hours 9:00 a.m. to 11:00 p.m., it needs to be changed to 9:00 a.m. to 1:00 a.m. THE PUBLIC HEARING WAS CLOSED. Greg McCafferty: Stated the following changes: 1. Staff report, page 22, Condition No. 20 -regarding the monument signs. (See revised verbiage on page 8 of this document, #20 under 'Action'). 2. Staff report, page 25, Condition No. 30-K -The hours would be from 9:00 a.m. to 1:00 a.m. for Pad E. 3. Page 28 of the staff report, Condition No. 46 -Added on another sentence, "The pfoperty owner or developer may petition the City to create a reimbursement district andlor reimbursement agreement for cost sharing of fifty percent (50%) of the signal cost". Greg McCafferty: Stated Melanie Adams has the changes that would be made both to the parcel map conditions and the use permit conditions for the three conditions. Melanie Adams: Stated the changes to page 17 of the staff report, Conditions 6 and 8 to the Tentative Parcel Map Conditions is on the memo that was give to Commission (and a copy was give to the applicant as well). (See verbiage on page 10 of this document, no. 6 under 'Action'). Condition No. 8 of the Tentative Parcel Map Conditions should read as follows: (see verbiage on page 10 of this document, no. 8 under 'Action'). 09-03-97 Page 6 Greg McCafferty: Stated that the last addition with regard to findings were for the record. Staff requested to incorporate this, by reference the applicant's waiver of justifications and to indicate that due to the irregular shape of the property, the fronting on two .major arterials and the disproportion amount of dedication are all justifications for the waivers being proposed. Robert Flaxman: There was one last item, on page 23 of the staff report, Item No. 23-A. In their memo they had suggested that in addition to Pads A and B, the outdoor uses shown on the exhibits for C and D are also acceptable. Greg McCafferty: Stated that is agreed. ACTION: Approved Negative Declaration Approved, in part, Waiver of Code Requirement -Approved waivers (b), (c), (d), (e) .and (g) on the basis that subject property is irregularly shaped, that it is fronted by 2 major arterials, and because of the disproportionate amount of dedication; and denied Waivers (a) and (f) on the basis that they were deleted following public notification. Granted, in part, Conditional Use Permit No. 3957 with the following changes: Selected the "Southern California" architectural theme for the Carl's Jr. restaurant. Approved the two (2) garden wall monuments signs for the fast food restaurant. Modified Condition Nos. 11, 20, 23-a, 26, 30-K, 46 and 54 to read as follows: 11. That the vehicular and pedestrian access, extending from Katetla Avenue to State College Boulevard., shall be developed as a private street. The travel lanes shall be a minimum twenty eight (28) feet, curb to curb. A sidewalk, minimum four (4) feet wide, shall be provided on the north side of the street. No parking shall be permitted on the private street. An easement shall be dedicated to the City of Anaheim for the curb to curb width for Public Utility purposes, including ingress and egress rights for maintenance, on the final parcel map or by separate document prior to the issuance of the first building permit, whichever occurs first. The street name for the private street shall be approved by the Building Division prior to final map approval. 20. That one (1) monument type sign shall be permitted facing the intersection of Katella Avenue and State College Boulevard of the size and design shown in the approved Sign Program; provided, however, that said sign shall be an identification sign for Stadium Crossings (or such other name as may be selected for this entire mixed use project) and may identify not more than two (2) major office or pad tenants of the project, unless the garden wall monument signs are deleted in which case the maximum number of signs shall be three (3). For the purposes of signage, a "Major Tenant" shall be as described in the Sign Program. 09-03-97 Page 7 23. 26. (a) That the only outdoor uses permitted in connection with this conditional use permit shall be the existing Community Bank automatic teller machine (ATM) and those uses specifically identified herein and on the approved exhibits. Permitted outdoor uses (identified on the approved exhibits) include the hotel pool and spa, outdoor seating associated with the full service restaurant on Pad E, the fast food restaurant .and the food uses located on Pads A, B, C and D. Perimeter fencing and/or barriers for such outdoor seating areas, as required by the Department of Alcoholic Beverage Control (ABC) or the Planning Department, shall be uniform in design and appearance and shall be maintained in a neat and orderly fashion. No advertisement of any alcoholic beverages shall appear on such outdoor furniture. "That the maximum number of tenant businesses on each parcel shall be limited to the following: Pad A: Three (3) units Pad B: Four (4) units Pads C and D: Five (5) units Pad E: One (1) full service, sit down restaurant with a minimum floor area of five thousand (5,000) sq.ft. Bank: One (1) tenant andlor multiple business offices Fast Food Pad: One (1) tenant Except as specified herein, all other tenants and uses shall be as specified on the approved exhibits. If additional businesses or changes to the floor areas are proposed, new conditional use permit(s) may be submitted and approved for such specific use(s) and/or change(s). Future tenants for Pads A, B, C and D shall be limited to the following tenant list and similar tenants, and that any non-similar tenants shall be submitted to the Planning Commission for review and approval as a "Reports and Recommendations" item: 31 Flavors Baja Fresh Blimpies Brugger's Bagels California Fresh Mexican CheasaPeake Bagel Chick-Fit-A Chick's Natural Clarke's Charcoal Broiler Coffee Beanery Coffee Centralia Cold Stone Creamery Culinary Wraps Dairy Queen Dietrich's Domino's Pizza Dunkin Donuts East Coast Bagels Einstein Bagel EI Pollo Fat Burger GNC Grizzo's Sandwiches Hansen's Juice High Tech Burrito Hogie Yogie Java City Johnny Rockets Juice Club/Jambs Juice Juice It Up Juice Stop Kelley's Coffee/Chocolate La Salsa Little Caesar's Pizza Los Primos Mexican Manhattan Bagel Noah's Bagels Panda Express Pasta Bravo Pick-up Stix Pizza Hut Presto (Cucina, Cucina) Rubio's Bala Grill Schtolzsky s Deli Seattle's Best Starbuck's Coffee Sub Station - Submarines Subway _- Western Bagel Winchell's Donut Wok Spirit Worlds Wraps Yoshinoya Zu Zu Mexican 09-03-97 Page 8 30-k. That sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 9 a.m. to 11 p.m. daily for specified tenants on Pads A and B, and from 9 a.m. to 1:00 a.m. daily for the sit-down restaurant on Pad E. 46. That prior to issuance of the first building permit, plans for the traffio signal at the new intersection on Katella Avenue shall be submitted to the Public Works- Engineering Department for review and approval; and that prior to issuance of a building permit for the first building, a bond, or other security satisfactory to the City, shall be posted with the City to guarantee completion of said improvement. The traffic signal shall be completed and operational prior to issuance of an occupancy permit for the first building. The property owner or developer may petition the City to create a reimbursement district and/or reimbursement agreement for cost sharing of fifty percent (50%) of the signal cost. 54. That the developer shall complete the Sanitary Sewer Gapacity Study in conformance with Public Works Department procedures. The report must be approved by the City Engineer prior to grading plan approval or approval of the final parcel map, whichever occurs first. The developer shall pay fair share Sewer Impact Fees towards future sewer upgrades within the existing sewer basin to accommodate future development conforming with the current General Plan. The existing sewer basin is defined as all sewer lines currently connecting to the fifteen inch (15") sanitary sewer in State College Boulevard and the eight inch (8") sanitary sewer in Katella Avenue. The existing sewer basin does not include future discharge from additional development at the property on the south side of Katella Avenue currently owned by the City of Anaheim, also known as the Anaheim Stadium site. Approved Tentative Parcel Map No. 97-155 with the following changes to conditions: Modified Condition Nos. 6 and 8 to read as follows: 6. That the vehicular and pedestrian access, extending from Katella Avenue to State College Boulevard, shall be developed as a private street. The travel lanes shall be a minimum twenty eight (28) feet, curb to curb. A sidewalk, minimum four (4) feet wide, shall be provided on the north side of the street. No parking shall be permitted on the private street. An easement shall be dedicated to the City of Anaheim for the curb to curb width for Public Utility purposes, including ingress and egress rights for maintenance, on the final parcel map or by separate document prior to the issuance of the first building permit, whichever occurs first. The street name for the private street shall be approved by the Building Division prior to final map approval. 8. That the developer shall complete the Sanitary Sewer Capacity Study in conformance with Public Works Department procedures. The report must be approved by the City Engineer prior to grading plan approval or approval of the final parcel map, whichever occurs first. The developer shall pay fair share Sewer Impact Fees towards future sewer upgrades within the existing sewer basin to accommodate future development conforming with the current General Plan. The existing sewer basin is defined as all sewer lines currently connecting to the fifteen inch (15") sanitary sewer in State College Boulevard and the eight inch (8") sanitary sewer in Katella Avenue. The existing sewer 09-03-97 Page 9 basin does not include future discharge from additional development at the property on the south side of Katella Avenue currently owned by the City of Anaheim, also known as the Anaheim Stadium site. VOTE: 7-0 Selma Mann, Assistant City Attorney, presented the 10-day .appeal rights for Tentative Parcel Map No. 97-155 and the 22-day appeal rights for the balance of the actions. DISCUSSION TIME: 27 minutes (1:35-2:02) 09-03-97 Page 10 3a. CEQA NEGATIVE DECLARATION Continued to 3b. CONDITIONAL USE PERMIT tdO. 3952 September 15, 1997 3c. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 97-11 OWNER: LEDERER ANAHEIM LIMITED, 1990 Westwood Boulevard, Suite 250, Los Angeles, CA 90025 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 permit a 6,809 square foot addition for a television studio and entertainment area and determination of public convenience or necessity for retail sales of beer for on-premises consumption and a second level, 1,209 square foot office area in conjunction with an existing indoor swap meet. Continued from the Commission meetings of July 21, and August 18, 1997. CONDITIONAL USE PERMIT RESOLUTION NO. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY RESOLUTION NO. SR6780JK.DOC FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION:_ Continued subject request to the September 15, 1997 Planning Commission meeting in order for the applicant to submit revised plans and additional information requested by the Commission at the August 18, 1997 meeting. -- VOTE: 7-0 DISCUSSION TIME: This item was not discussed. 09-03-97 Page 11 4a. CEQA NEGATIVE DECLARATION Continued to 4b. WAIVER OF CODE REQUIREMENT September 29, 1997 4c. CONDITIONAL USE PERMIT NO. 3948 (READVERTISED) OWNER: GENERAL BANK, 4128 Temple City Boulevard, Rosemead, CA 91770 AGENT: QUINCY T. DAO, 44 Montelegro Street, Irvine, CA 92714 LOCATION: 3107 - 3115 West Lincoln Avenue. Property is 0.63 acre located on the north side of Lincoln Avenue, 100 feet west of the centerline of Grand Avenue. To permit a mortuary with waivers of miriimum number of parking spaces, prohibited signs, maximum number of roof signs, maximum area of roof signs, permitted location of roof signs, minimum distance between signs and maximum height of illuminated roof signs. Continued from the Commission meeting of July 21,1997. CONDITIONAL USE PERMIT RESOLUTION NO. SR6518DS.DOC FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Continued subject request to the September 29, 1997 Planning Commission meeting in order for the applicant to submit a parking study. VOTE: 7-0 DISCUSSJON TIME: This item was not discussed. 09-03-97 Page 12 Sa. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) Sb. CONDITIONAL USE PERMIT NO. 3659 (READVERTISED) Approved Approved amendment OWNER: NOHA KHOURAKI AND MOHAMED KHOURAKI, 1217 South Brookhurst Street, Anaheim, CA 92804 (To expire 9-30-98) AGENT: PAUL RUSSAVAGE, 9762 Fairtide Circle, Huntington Beach, CA 92646 LOCATION: 1217 South Brookhurst Street - Al Tavebat Market. Property is 0.31 acre located on the west side of Brookhurst Street, 280 feet south of the centerline of Ball Road. To amend or delete a condition of .approval pertaining to a time limitation to retain a market. CONDITIONAL USE PERMIT RESOLUTION NO. PC97-122 SR1014TW.DOC FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. IN FAVOR: 1 letter was received in favor of subject proposal. OPPOSITION: None Applicant's Statement: Russ Russavage, 9762 Fairtide Circle, Huntington Beach, CA: 92646: Stated he was concerned with two conditions. The first one is the one year time limit. It costs them about $3,000 every time they go through this process. His second concern is on page 3, no. 16, staff is recommending getting rid of the metal scissors gate. They have had them since the store opened and they have always had scissors gate. They remodeled over 3 years ago and lost 9 parking spaces in the remodel so the trash collectors could get to the trash can better. They remodeled the building and have spent over $90,000. They would like to keep their scissors gate out front. The Health Department has approved them to have food out there because they have an overhang that the food sits under and they have been doing this since the store has been there. He feels they should be able to continue under a grandfather clause. THE PUBLIC HEARING WAS CLOSED. Chairman Bostwick: Stated the food outside does not contribute to the business, operation or the looks of the market. The scissors gate is not a good appearance for the business. He agreed with staff on the recommendations. He could appreciate the problem of the one year requirement but Commission needs to see some cooperation and with the development of the gas station next door and with the parking he thought staff wanted to make sure everything was fine before they go for a longer time. 09-03-97 Page 13 Commissioner Henninger: Stated he did not feel the commercial code has ever allowed outdoor display and sale of merchandise. That is handled through a special events which takes place a couple of weeks out of the year at most. He actually has not been allowed to do it but has done it. It does not add to the beautification of the City. He asked staff whether it actually costs $3,000 to file for a CUP? Cheryl Flores, Senior Planner: Responded the fees are approximately $1,100 which includes the advertising and the processing for a conditional use permit. Commissioner Boydstun: Asked if there was any way to put this on an R&R at the end of one year so that a fee would not have to be paid and Commission could review it and see how things were going? Selma Mann, Assistant City Attorney: That would be a very different affect. The conditional use permit with an R&R on it would, in effect, not have a termination date and the burden would shift then to the City to establish that it was appropriate for the business to continue as opposed to the way it is presently worded where the burden is upon the applicant. Cheryl Flores: Stated for a readvertisement to amend a condition of approval the fee is $330. So it is much less expensive than the original fee which is have been $1,100. Commissioner Henninger: Stated the cost is actually $330. Commissioner Boydstun: Asked if they extend it for a year, the fees would only be $330? Cheryl Flores: Stated for the record a letter was received from Hillcrest Hertiage Estates Neighborhood Watch dated August 29, 1997. It was given to the Commission in the morning session and it states unless Code Enforcement Division or any other City Department has any concerns with this request that they feel that this request should be granted. Cheryl Flores: Stated there was a correction on staff's recommendation for modification of the existing condition on page 3. It should read, "That the subject use permit granted for a period of one year to expire on September 30, 1998, provided, however, that reinstatement may be sought in connection with Planning Commission public hearings in the event that reinstatement is requested", and the rest will remain the same. The reason for the change is to be consistent with the proposed Code Amendment. After the Commission voted, Mr. Russavage stated in his testimony he said it costs $3000 which includes an architect drawing the blueprints for $1,500, $200-$300 for a mailing list, $300 for the filing fee. He gets paid $55 an hour to come before Commission. It is $3,000 by the time all of the costs are added and they comply with all the requirements. He felt his customer went out of his Way to improve this site and that Commission has done him a disservice to him today and they will appeal the decision to the City Council since they strongly disagree with the decision. ACTION: Determined that the previously approved negative declaration is adequate to serve as the required environmental documentation for subject request. Approved request. Amended Condition No. 14 of Resolution No. PC94-15, adopted in connection with Conditional Use Permit No. 3659, to read as follows: 14. That subject use permit is granted for a period of one (1) year, to expire on September 30, 1998; provided, however, that reinstatement may be sought in connection with a Planning Commission public hearing. In the event that reinstatement is requested, the petitioner shall submit satisfactory evidence to 09-03-97 Page 14 the City Traffic and Transportation Manager for his .approval indicating that the ten (10) on-site parking spaces and the nineteen (19) off-site reciprocal parking spaces located to the south of subject property continue to be sufficient to support this market. and added the following new condition: 16. That the existing metal "scissors" gate at the front of the store shall be removed and that there shall be no outdoor display or storage of products other than activities which are authorized by the approval of a Special Event Permit. VOTE: 7-0 Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 10 minutes (2:05-2:15) 09-03-97 Page 15 8a. CEQA NEGATIVE DECLARATION 6b. CONDITIONAL USE PERMIT NO. 3961 OWNER: GERALD G. PYLE, SCOT A. BROWN AND STEVE A. PARSONS, 469 Cerritos, Anaheim, CA 92805 AGENT: JEFFREY L. FARANO, 2300 East Katella, #235, Anaheim, CA 92806 LOCATION: 865 South East Street. Property is 0.46 acre located on the west side of East Street, 565 feet north of the centerline of Vermont Avenue. To permit and retain a taxi transportation and dispatch center within an existing 4,147 square foot building. CONDITIONAL USE PERMIT RESOLUTION NO. Continued to September 15, 1997 SR6512DS:DOC FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Continued subject request to the September 15, 1997 Planning Commission meeting as requested by the applicant. VOTE: 7-0 DISCUSSION TIME: This item was not discussed. 09-03-97 Page 16 7a. CEQA NEGATIVE DECLARATION 7c. RECLASSIFICATION NO. 97-98-03 7b. WAIVER OF CODE REQUIREMENT 7d. CONDITIONAL USE PERMIT NO. 3962 OWNER: ARGONAUT HOLDINGS, INC., 515 Marin Street #100, Thousand Oaks, CA 91360 AGENT: DENNIS K. LINVILLE, 515 Marin Street, Thousand Oaks, CA 91360 LOCATION: Northeast corner of Pullman Street and Old Canal Road. Property is 2.95 acres. To reclassify subject property from the CO (SC) (Commercial Office & Professional Scenic Corridor Overlay) Zone to the CL (SC) (Commercial, Limited Scenic Corridor Overlay) Zone. To construct a 70,825 square foot, 2-level automobile sales and service facility with accessory parts sales, an interior showroom, service bays, roof mounted equipment, outdoor (at grade) and second level vehicle display/parking area with waivers of (1) minimum parking lot landscaping, (2) permitted freestanding signs and (3) permitted wall signs. RECLASSIFICATION RESOLUTION NO. PC97-123 CONDITIONAL USE PERMIT RESOLUTION NO. PC97-1244 Approved Granted, unconditionally Approved Granted SR6772JK.DOC FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Applicant's Statement: Gary Whitfield, Whitfield and Associates Architects, representing the applicant: Stated they have read the conditions and agree all but two items. First, the parking configuration which they currently-have is extremely tight for their needs and the requirement for landscape requirements in and under their parking structure would be not only detrimental to what they are trying to achieve but it would limit the number of cars they are trying to put on the site. The required landscaping under the parking structure would be hard to grow. Secondly, they would like to maintain their sign. They want to advertise their products on Weir Canyon but where their site is below the street level and it is hard for them to get above the street with a smaller shorter sign. They would like to try to maintain a sign as high as possible, even thought staff is recommending against it. They have requested four additional signs which would be directed only at each individual driveway. The size would conform to Code but they would indicate what each of those entrances were for service entrance, customer entrance, right turn only, and service entrance located at Savi Ranch Road). 09-03-97 Page 17 (Revised: 10-16-97) Dennis Linville, General Motors Corp.: Stated all the items that they are requesting are specifically asked for to make sure this dealer is as successful as possible. Of particular importance is the parking. The applicant needs every parking space on the lot to maintain an inventory that will allow him to be successful. THE PUBLIC HEARING WAS CLOSED Chairman Bostwick: Stated this is going to be two stories high and the applicant is going to have wall signs on the side of it. At two stories the applicant should be up to the height or above Weir Canyon. Therefore, the wall sign should be able to be seen. Gary Whitfield: Responded yes the building signs because of the large easement that they have in front the building is about 120 feet away from the right-of-way. The reason for signs on all four faces is because there are four streets that surround them. They do not have a back side of this building. Their main goal is to make this site as easy for a customer to enter on as possible. Chairman Bostwick: Was concerned that there not be transports stopped in the streets. Gary Whi~eld: Stated that is why they have a turnout at Savi Ranch, specifically for transports because their grades are such that they can not reverse the site with a transport because it will bottom out. They have very low clearances. Commissioner Henninger: Asked the status of the Savi Ranch Wayfinding Program Richard Bruckner, Community Development Department: Responded Yorba Linda is intending to go forward with that. In order to complete their portion of it, they will be before the Commission to renew their CUP. He guessed it would be within the next 6 months. They are having continuing discussions with GM and others about funding for the Anaheim portion. Commissioner Henninger: Asked on the Wayfinding Program what sort of provisions would there be to direct people into those auto dealers. Richard Bruckner: Responded it is a much more complicated problem than it appears because there is also discussion of changing the circulation patterns to eliminate the clover leaf configuration. So there are a series of discussions regarding the circulation. Commissioner Henninger: Asked how the circulation would be changed? Richard Bruckner: Responded rather than installing a traffic signal per a direct access to the two there would be a four way intersection. They are trying to identify money make an engineering study now. If that were done, it would simplify the Wayfinding dramatically. - Commissioner Henninger: Regarding the driveway signs, was there something similar to this allowed by another dealership? Cheryl Flores, Senior Planner: Responded yes, that was correct. They would have to meet Code as far as the dimensions (3 feet high and 3 feet wide). Staff was told there would be four of them placed on the driveway entrances for direction, only to be used on the site. 09-03-97 Page 18 (Revised: 10-16-97) Commissioner Henninger: Stated he thought perhaps they should wait for the outcome of the Wayfinding and try not to undermine that quite yet. But if it does not come together soon, maybe then Commission would need to rethink the signage that they have been allowing. Commissioner Mayer: Agreed Greg Hastings, Zoning Manager: Stated the other automobile dealership to the north did receive approval for a monument sign (40 s.f., 8 ft. high, 5 ft. wide). The requested sign is identical to the size of the one approved on the property to the north. If it is located near the main entrance of the dealership, it would be useful as a directional sign as well as for advertising. Commissioner Henninger: Stated according to the testimony he understood the applicant was proposing to put it out along the Weir Canyon frontage. Greg Hastings: Responded he was not sure that could seen. It appears that any signage could be placed on the building itself and be just as easily seen from Weir Canyon Road. Commissioner Henninger: Asked the applicant where they were intending to place the sign? Gary Whitfield: Responded they were trying to identify themselves as seen from Weir Canyon as best they could. They tried to get it at an elevation that could be seen before the right turn to come around to their site. They would like to place the sign on the front of the property, off of Weir Canyon able to be seen from the street. Commissioner Henninger: Regarding the landscape planters, in reviewing the plans at the morning session it appeared there were areas where four planter breaks could be installed that are not in the shade area of their overhead parking structure. Asked if four parking spaces are going to ruin the whole site? Gary Whitfield: Responded, that, to the dealer, one parking place is too many because he feels that he is already out of parking spaces before he opens the door. He knows from doing other projects for other dealers in other cities that if they cut back on their parking spaces in these new locations, they become successful. They had also planned a second deck on this project at one point but, in order to make a rent factor work and the dealer stay in business, they had to reduce that and so now they are lacking parking spaces. Four parking spaces sounds minor and they can relocate them but, in the dealer's mind, four parking spaces are very important. Commissioner Boydstun: Asked if that meant that they are not going to double deck? Gary Whitfield: Responded they had originally planned to have three stories but it turned out to be more costly than they could afford. Commissioner Henninger: Stated the applicant imagines that the parking spaces are dear because of the double decking and the cost factor. Dennis Linville: Stated regarding the pylons, they feel they have a lot of landscaping because they have to landscape four sides. They have landscaping all around the facility so it is not going to be a big parking lot. They will have new cars out there so it should not be a steady problem. 09-03-97 Page 19 (Revised: 10-16-97) Commissioner Henninger: Stated on Waiver 3, at the morning session, staff had indicated 1 be permitted where 9 were proposed. At the morning session staff had come up to 4 or 5. Greg Hastings: Referred to paragraph 16 (page 4 of the staff report) as follows: • Sign A would remain. • Sign B would only say "service" (without a logo). • Sign C duplicates another sign, therefore staff recommended it be removed. • Sign D, E, F remain. • Sign G be removed. • Sign H remain, sign I be removed. This would bring down the total proposed to 6 signs. Commissioner Henninger: Recommended approving Waivers 1, 2, and 3 with a change to Waiver 2 to show 80 s.f. On Waiver 3 to show that as a 6 wall signs. Greg Hastings: Suggested, they be similar to other signs in the Scenic Corridor; the letters and the symbols light up (opaque background) on the sign rather than background and that the signs be turned off after midnight. Commissioner Henninger: Recommended converting paragraph 16 into a condition. The table tc show the Sign A through H, striking the logo portion in B. Need to add as an exhibit the non- illuminated support signs and add as an exhibit the pylon sign and include the construction based on the format mentioned by staff (opaque background for sign). Add a condition that the lit sign should be turned off after midnight. Greg Hastings: Asked for a clarification. Where the sign would be located? Commissioner Henninger: The sign could either be located along Pullman frontage or Old Canal Road, between the two driveways. Greg Hastings: Stated staff also request that it be placed in the landscape area ACTION: Approved Negative Declaration Granted Reclassification No. 97-98-03, unconditionally. Approved, in part, Waiver of Code Requirement as follows: Approved waiver (1) as proposed, approved waiver (2) fora 40 sq. ft. double-faced sign, and approved waiver (3) for 6 wall signs. _ Granted Conditional Use Permit No. 3962 with the following changes to conditions: Added the following conditions: 09-03-97 Page 20 That the following signs shall be permitted: Stgm, E evatioo Copy ize (ppprox) A East {weir Cyn. Ra.l 'Anaheim Chevrolet", logo 68 s.f. B East 'Service" 8 s. . D South "Service" 8 s.. E South "Quick Lube" 12 s: . F South 'Anaheim Chevrolet", logo 68 s. . H North (save Ranch Pkwy.) Chevro et", ogo 40 s.f. That the two (2) plans showing the forty (40) square-foot pylon sign and the non- illuminated directional signs submitted at the September 3, 1997 Commission meeting shall be added to and made part of the file and marked Exhibit Nos. 7 and 8, respectively. That the maximum forty (40) square-foot, double-faced pylon sign with an opaque background shall be located either along Pullman Street or Old Canal Road, between the driveways. Said sign shall be placed in landscaped areas and, if illuminated, shall be turned off at midnight as required by Code Section 18.05.091.052. VOTE: 7-0 Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 25 minutes (2:15-2:40) 09-03-97 Page 21 8a. CEQA NEGATIVE DECLARATION 8b. CONDITIONAL USE PERMIT NO. 3963 OWNER: MELINDA H. GRUBBS, 2 Civic Plaza, Suite 240, Newport Beach, CA 92660 LOCATION: 323 East Ball Road. Property is 1.24 acres located on the north side of Ball Road, 480 feet east of the centerline of Technology Circle. To permit a 10,800 square foot auto repair facility, including paint and body repairs within an existing building. CONDITIONAL USE PERMIT RESOLUTION NO. PC97-125 Approved Granted S R6781 KB. W P FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Applicant's Statement: David Grubbs and wife Mindy, 323 East Ball Road, Anaheim, CA: Stated they are requesting a conditional use permit for the rear of their property for a paint and body shop in a 10,800 s.f. building and about 18,000 to 20,000 s.f. fenced parking area in the back. They are in agreement with staffs recommendations and conditions. He noted on Recommendation No. 21, page 5, that the boat had been removed. The portable sign which had been welded tp a fence by the .previous tenant without his approval or knowledge is now removed. The only debris left in the rear yard is some plastic pipe left by another previous tenant who had sold it to someone who was suppose to pick it up. It never was picked up so Mr. Grubbs arranged with a nursery company to have them pick it up by this coming weekend. On Condition No. 1, page 5, requiring trash storage areas be provided; he is very particular with how tenants behave on his property. He has a tenant coming in, a paint and body shop, that was in an area that was too small. This property is quite large and he could comply with all the requirements. Particularly the paint and body shop. They provide refuse removal, so they contract that as part of their tenant services. He has always contracted Anaheim Waste Removal to provide large bins with covers on them which can be quickly and easily removed weekly. He does not like to have bins where people can hide and pile up items. He feels the covered bins seem to work out better than building a concrete enclosure. Condition No, 6, page 6, regarding a landscape plan, they have spent a considerable amount of money to bring up the aesthetics of the property. The area between the sidewalk and the street is limited. They have landscaped all they can and will probably be putting up a couple a more palm trees on the east end. It is also a very much used waste station. The truck scale which is used by the Convention Center and by the Anaheim Stadium is there. He does not have anywhere to put more landscaping. They will certainly be receptive to putting some landscape islands against the building; he needs to investigate to see what that would involve. He requested to have a clarification on the submission of a new landscape plan. THE PUBLIC HEARING WAS CLOSED. 09-03-97 Page 22 Chairman Bostwick: Stated there are standards for the trash collection and that is what that condition calls for. The applicant can get a copy of the standards from the Sanitation Division and then build the appropriate structures to house those blue containers from Anaheim Disposal so that they are out of view of the public and still accessible to the trash removal company. Cheryl Flores, Senior Planner: Stated that was correct regarding the trash enclosures. They are required by Code. In addition, they need to have some landscaping around them if they are visible from the public right-of-way so that they do not present the possibility of graffiti, perhaps some vines should be planted next to them. As far as landscaping in the front, staff feels that there could be some landscape planters up against the building at a minimum and possibly adjacent to a portion of the fence in front. That would help ease the affect of the building with some landscape treatment. In Paragraph No. 13, she wanted clarification. The petitioner states that the large parking lot at the rear of the building will be used for storage of wrecked or inoperable vehicles and that was written on the conditional use permit. At the IDC (Interdepartmental Committee) meeting, the applicant stated there would be no storage of inoperable vehicles or auto parts so she asked for a clarification of that from the applicant. David Grubbs: Responded the vehicles are client vehicles that are there but they do not dismantle parts since there is plenty of room inside, almost 11,000 s.f. He pointed out that this property is well off the street and they are going to re-slat the fencing; nothing is visible from the street. The tenant needs to be informed and be fully aware of his standards. He will see that they are carried out. Commissioner Bristol: Indicated it appeared that the tenant in the back was not going to have signage. David Grubbs: Responded the former tenant repaired fire vehicles and he put a sign in the rear with his address on it. The applicant had asked initially to put one more strip on the 48 s.f. monument sign so the tenant could have identification. Commissioner Bristol: Wondered whether asking staff for their suggestion before there is an illegal sign place up there, because there is no way of anyone to know. David Grubbs: Responded he did not know how to deal with it because it is difficult for a tenant to have that much square footage and no signage. Chairman Bostwick: Stated with the number of tenants that he has it would be better to come up with a sign plan that .adheres to Code instead of just the signs pool sign out front to represent all of his tenants. David Grubbs: The problem they have is the sign in front where trucks come in one way and out the other and it covers the whole property. He said he would review that. The tenants in front da_not have a problem because their own signs. It is the tenants in the back that have a problem. He will probably take the existing sign out, have it redone, split it in half, and let his long term tenant have half of it and the bottom would say "auto body". Asked if it is allowed to have the street number of a few words on the fence to identify where to come enter. Cheryl Flores: Responded that the Code does not allow for a sign on the fence. However, if there was a directional sign that was not visible from the street, it would be permitted as on-site directional sign. 09-03-97 Page 23 Commissioner Henninger: Agreed with applicant on the splitting of the sign. Then once people are on the property they the could have directional signs that are not intended to be seen from the street. It is best to meet with staff to discussion the situation. ACTION: Approved Negative Declaration Granted Conditional Use Permit No. 3963. VOTE: 7-0 DISCUSSION TIME: 13 minutes (2:42-2:55) MEETING ADJOURNED AT 2:55 TO MONDAY, SEPTEMBER 15, 1997 AT 11:00 A.M. FOR PRELIMINARY PLAN REVIEW. Respectfully submitted, Ossie Edmundson Planning Department 09-03-97 Page 24