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Minutes-PC 1998/07/06S~Nf~IARYAC~'IdRI AGENIDA C1TY OF ANAHEIlVI PLANNIi~G ~QMIUII~SfON MEETING MONDAY, ,~ULY 6, 1998 11:00 A.M. • STAFF UPDATE TO COMMISSION OF VARIOUS CITY DEVELOPMENTS AND ISSUES (AS REQUESTED BY PLANNING COMMISSION) • PRE.IiMINARY PLAN REVIEW 1:30 P.M. • PUBLiC HEARING TESTIMONY COMMISSIONERS PRESEN7: BOSTWICK, BOYDSTUN, BRI~TOL, NAPOLES, WILLIAMS ABSENT: PERAZA ONE VRCANT SEAT STAFF PRESENT: Seima Mann Greg Hastings Cheryl Flores Linda Johnson Karen Dudley Do~ Yourstone Alfred Yalda Peter Gambino Tom Engle Margarita Solorio Ossie Edmundson Danielle Masciel Assistant City Attorney Zoning Division Manager Senior Planner Senior Planner Associate Planner Code Enforcement Supervisor Principal Transportation Planner Associate Civil Engineer Vice Detail Acting PC Support Supervisor Senior Secretary Word Processing Operator ~~~ ~ . ~;i~ , , . o7-os-sa Page 1 ITEMS OF PUBLIC INTEREST: None 1. REPORTS AND RECOMMENDATIONS A. a) CEQA NEGATIVE DECLARATION (PREV.-APPROVED~ Continued to b) COND1710NAL USE PERMIT N0. 3711 - REQUEST FUR July 20, 1998 DETERMINATION OF SUBSTANTIAL CONFORMANCE: Maroin Stober, 1811 East Mauretania Street, Wilmington, CA 90744, requests determination of substantial conformance to permit and retain a 16 square foot addition to an existing freestanding sign in conjunclion with a previously-approved automobile service station with accessory uses. Property is located at 565Q East La Paima Avenue -'fexaco Service Station. Continued from the Commission meeting of June 22, 1998. This item was not discussed. B. a) CEQA CATEGORICAL EXEMPTIOH-CLASS 11 Concurred w/staff b) REQUEST OR REVIEW AND APPROVAL OF FINAL SITE PLAN Approved REVIEW NO. 98-08: stephen Hsu, 435 West Katella Avenue, Anaheim, CA 928~2, re;~uests review and approval of Final Site Plan No. 98-08 to install one (1) wall-mounted hotel identification sign. Property is located at 515 West Katella Avenue (Four Points Sheraton). ACTION: Commissioner Boydstun offered a motion, seconded by Commissioner Napoles and MOTION CARRIED (C~mmissioner Peraza absent and one vacant seat), that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falls within the definition of Categorical Exemptions, Class 11, as defined in the State EIR Guidelines and is, therefore, categorically exempt from the requirements to prepaie an EIR. Commissioner Boydstun offered a motion, seconded by Commissioner Napoles and MOTION CARRIED (Commissioner Peraza ah;ent and one vacant seat), that the Anaheim City Planning Commission does hernhy 2pprove the Final Site Plan (identified as Exhibit Nas.1 through 4 on file in the Planning Department) based upon a finding that the Final Site Plan is in conformance with the Anaheim Resort Specific Plan No. 92-2. SR1016MN.DOC Karen Dudley, Associate Planner: Stated this application is for a Final Site Plan Review approva~ for a 58-square foot wall mounted sign. The property located at 515 W. Katella Avenue is currently under construction, Four Points Sheraton Hotel. Staff has reviewed the plan and found it to be in compliance with the site development standards and the design guidelines of tna Anaheim Resort Specific Pian. Staff has also found it to be C~tegorical Exempt under Class 11 of CEQA requirements and recommended approvai of ihe Final Site Plan, 07-06-98 Page 2 C. a) ENVIRONMENTAL IMPACT REPORT N0. 313 (PREV.-CEltTIFIED~ Approved b) REQUEST FOR REVIEW AND APPROVAL OF FINAL SITE PLAN Approved REVIEW N0. 98-06: Impac Hotel Group c/o Stephen Hanis, 2 Live Oak Center, Suite 700, 3445 Peachtree Street, Atlanta, Georgia 30326, requests review and approval of a Final Site Plan to construct a new 15-story, 252-room, suite-type hotel. Property is located at 2045 South Harbor Boulevard. ACTION: Commissioner Boydstun o~fered a motion, seconded by Commissioner Napoles and MOTION CARRIED (Commissioner Peraza absent and one vacant seat), that the Anaheim City Planning Commission does hereby determine that the previously-certified EIR No. 313 is adequate to serve as the required environmental documentation for subject request. Commissior?er Boydstun offered a motion, seconded by Commissioner Bostwick and MOTION GARRIED (Commissioner Peraza absent and one vacant seat), that the Anahe~m City Pianning Commission does hereby approve the Final Site Pla~ ,~dentified as Exhibit Nos.1 through 20 on file in the Planring Department) subject to the westerly perimeter wall of the parking structure being raised one foot for maximum height of 14 feet, clarifying that there is only one free-standing Anaheim Resort monument sign proposed adjacent to the Harbor Boulevard frontage, and based upon ihe finding that the Final Site Plan is in conformance with the Anaheim Resort Specific Plan No. 92-2. Karen Dudley, Associate Planner: Stated this application is for a 252 room 15-story hotel. It consists of 154-foot centrai tower building, a 1-story restaurant building and a 13-foot high, two-level parking structure. A clarification on the parkinc~ structure, they have discussed with the applicant the possibility of raising the perimeter wall of the 2-story parking deck from 42 inches in height to 54 inches in height, making the overall parking structure 14 feet high. That would be consistent with the setback that is being provided which is a 28-foot setback adjacent to the residential properties to the west. Staff felt that this would add a additional buffer for the residential properties. Thsre was a clarification to the staff report, there is only 1 freestanding Anaheim Resort monument sign proposed adjacent to the Harbor Boulevard frontage. They have provided the site plan and the landscape plan for the Commission. The landscape plan consists of a subtropical ~ype landscape theme which will include htelaleuca, Eucalyptus and Weeping Bottlebrush. The appiicant proposes to plant a thick row of trees adjacent to the residential properties to the west. Many of those trees will be close to maturity at time of planting. The applicant and his landscape architect were present to answer any questions. Seima Mann, Assistant City Attorney: Mentioned there was some discussion about wanting a wall to be 14 feet high. Asked if that was a part of this request? Karen Dudle;r: Responded yes at this time it is. They are requesting the wall adjacent to the west property line located on the parking structure be raised 1 foot and indicated the plans would be approved subject to that. 07-06-98 Page 3 D. aj ~EQA NEGATNE DECLARATION (PREV •APPROVED~ b) RECLASSIFICATION NO. 96-97-10 ANd C~NDITIONAL USE PERMIT N0. 3907 - REQUEST FOR RE7ROACTIVE EXTENSION OF TIME: City-Initiated (Community Development Department), 201 South Anaheim Boulevard, Anaheim, CA 92803, requests a retroactive extension of time to comply with conditions of approval. These petitions were originally approved on February 19,1997. Property is located at 128 and 202 South Olive Street ("Olive Infill", Portion A, Lot 2) and 203, 209, 211 and 215 South Olive Street (Olive Infill", Po~tion B, Lot 1). ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Napoles and MOTION CARRIED (Commissioner Peraza absent and one vacant seat), that the Anaheim City Planning Commission does hereby determine that the previously-approved negative declaration is adequate to serve as the required environmental documentation for subject request. Commissioner Bostwick offered a motion, seconded by Commissioner Napoles a~id MOTION CARRIED (Commissioner Peraza absent and one vacant seat), that the Anaheim City Planning Commission does hereby approve a retroactive extension of time for one (1) year to expire on February 19, 1999 based upon the following: a. That this is the first request for an extension of time for Reclassification No. 96-97-10 and Conditional Use Permit No. 3907. b. That the previously-approved 11-unit, 2-story condominium complex is in compliance with existing the City of Anaheim Generai Plan and the RM-2400 Zone, and there have been no changes to the Zoning Codes which affect this development. c. That the sites have been maintained clean and safe, and there are no outstanding complaints or Co~e violations pertaining to these properties. Approved Approved (To expire 2-19-99) Cheryl Flores, Senior Pianner: Stated this is a request from Communiry Development for a retroactive extension of time for a reclassification and a conditional use permit that were approved for an 11-unit condominium complex. This extension of time is needed so they can comply with conditians of approval. 07-06-98 Page 4 ~ E. CONDIT(JNAL USE PERMIT N0. 4014 - REQUEST FOR A Approved ~1NC PRO TUNC RESOLUT~: City-initiated, (Planning DeFartment), 200 South Man~im Bouleva ~d, Anaheim, CA 92805, requests a nunc pro :vnc resolution to correct Condition No. 8 contained in Resolution No. PC98-93 adopted in connection with the approval c,` Conditional Use Permit No. 4c:14 (to permit a private elementery school in an existins church facility). Property is located at 1275 East Broadway - St. Verena Coptic Church/ Southem Baptist Church. RESOLUTION N0. PC98-102 SR1026MS.DOC This item was not discusaed. 07-06-98 Page 5 PUBLIC HEARING ITEMS: 2a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) Continued to 2b. CONDITIONAL USE PERMIT NO. 3830 (READVERTISED) 7-20-98 OWNER: Dennis and Edith Berger,1120 West Lincoln Avenue, Anaheim, CA 92805 AGEN7: Phillip Schwartze, 31682 EI Camino Real, San Juan Capistrano, CA 92675 LOCATION: 9130 West Lincoln Avenue and 1203 West Center Street- Ace Fixtures Companv. Property is 0.22 acre, located on the south side of Lincoln Avenue, 505 feet east of the centerlino of Villa Place. To consider reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation to retain outdoor storage of materials for an existing retail restaurant supply store. Continued from the Commission meetings of February 18, March 16, March 30, April 13, and May 11, 1998. CONDITIONAL USE PERMIT RES(~LUTION N0. SR7157KB.DOC • • • • • e OPPOSiTION: None ACTION: Continued subject request to the July 20,1998 Planning Commission meeting in order to allow the properry owner to clean the F~operty and complete the installation of a 2-foot high fencing element to provide additional screening for fhe abutting single-family residence. VOTE: (5-0, Commissioner Peraza absent and one vacant seat) DISCUSSION TIME: This item was not discussed. 3a. CEQA NEGATNE DECLARATION Approvea 3b. CONDITIONAL USE PERMIT N0. 4024 Granted (To expire 12-1-2001) OWNER: Melinda Grubbs, Attn: David Grubbs, 2 Civic Pla~a, #24U, Newport Beach, CA 92660 LOCATION: 309 East Ball Road - Yamaha Golf Cars. Property is 1.24 acres located on the north side of Bali Road, 480 ~eet east of the centerline of Technology Circle. To parmit and retain an automobile (goli' cars) sales lot within an existing 28,047 square foo~ industrial building with outdoc,r displays. Continued from the Commission meetings of June 8 and 22,1998. CONDITIONAL USE PERMI7 RESOLUTION N0. PC98-103 KB.DOC - FOLLOWING~iS A SW~MARY OF:THE PLANNINGCOMMISSION ACTION, Applicant's St2tement: David Grubbs, S23 East Ball Road, Anaheim, CA: Stated they have applied for a conditional use permit on behalf of Yamaha Golf Cars so they could display a couple of cars in front of the building. There was a storage rack inside of a slatted fence which they were not aware that it was a violation. That will be out of there today. Any other item that he was aware ~f that would have been a problem has also been taken care of. THE PUBLIC HEARING WAS CLOSED. Commission Boydstun: Asked if there could be some type of skirting put on ramp7 David Grubbs: Responded he had submitted a landscape plan that it be totally skirted 36 inch wide plantEr with Escallonia and in front of that would be seasonal color. They are extensively rel3ndscaping the whole property. David Grubbs: Indicated he did not understand the 1 year I~mitation on the CUP because tne ather ~UP's have been ongoing. Yam3ha has a 3 year lease, effective since Dzcemb~r 1.1997, •nrith a 2 yrar option to renew. That is basically a showroom beca~se they sell to golf cuurses. Most of the~r prod~ct is delivered directly from factory tn golf courses and is simply a prucessin3 r~erater. OPPOSITION: None ACTION: Approved Negative Declaration Granted Conditionai Use Permit No. 4024, to expire on December 1, 2001, with ihe following changes to conditions: Modified Condition No.13 to read as follows: 13. That s~bject use permit shall expira on December 1, 2001. 07-06-98 Page 7 ~$ , , ,. _:.:_ :_. _ ... .~ , :. . . _ ._. ..... , ... _ _ . . . . .... . . VOTE: (5-0, Commissioner Peraza absent and one vacant seat) Selma Mann, Assistant City Attomey, presented the 22-day appeal rights. ~ISCUSSION TIM~: 6 minutes (1:55-2:01) 07-06-98 Page 8 4a. CEQA NEGATIVE DEGLARATION (PREVlOUSLY-APPROVED) Approved 4b. CONDITIONAL USE PERMIT NQ. 3124 (READVERTISED) Approve~ for 1 year OWNER: Sanderson J. Ray Development, 2699 White Road, (To expire 7-6-99) Suite 150, Irvine, CA 92614 AGENT: Ba~t Rainone, 3364 East La Palma p.venue, Anaheim, CA 92806 LOCATION: 3364 East La Palma Avenue - Concourse Bowlinq Center. Property is 4.87 acres locate~ on the south side of La Palma Avenue, 250 feet west of the centarline of Miller Street. To permit and retain an existing arcade with 35 video games (previously- approved for 25 games) a day care center for up to 30 children (deleted), and an accessory public dance hall (deleted) in conjunction with an axisting bowling alley (with accessory and incidental sales of alcoholic beverages for on-premises consumption with waiver of minimum number of parking spaces (627 required; 240 approved)). Continued f~ ~m the Commission meetings of June 8 and June 22, 1998. CONDITIONAL USE PERMIT RESOLUTION N0. PC98-104 • • o • • • ApplicanPs Stater~ent: Bart Rainone, Concourse Bowling Center in Anaheim: Thanked the Commission for instructing staff to work with him and they had come up some!hing that he hoped everyone could agree with. THE PUBLIC HEARING WAS CLOSED. Commissioner Bostwick: Commission is approving a modificstion to Conditional Use Permit No. 3124 by increasing the arcade devices from 25 to 35. The daycare was in the original approval so it does n~t require any change. Chery! Flores, Senior Planner: Responded that was correct. The daycare is in conformance with the original approval and it is to assist the bowlers with the care of their children while they use the facility. The petitioner withdrew the request for a public da~ce hall which is not permitted in this zone. On page 5 of the staff report, paragraph 21, there is a reference in the last section to Chapter d.16 which is incorrect and should be 4.18. Commissianer Bostwick: At the morning session there was discussion about changing Condition No. 30, page 7, that a business license shall be obtained from he Business L.icense Division for all amusement devices located on the premises within 30 days. That an enterfainment aermit for the DJ (Disc Jockey) would also be obtained. Cheryl Fiores: Responded that this was correct. i he port~on of Condition No. 30 that requires a business license for the day care operation can be deleted because that is covered by the business license for the bowling facility. Commissioner Bostwick: Asked Mr. Rainone if he understood that there is no cover charge allowed? 07-06-98 Page 9 Bart Rainone: Yes, for a public dance hali. His understanding is that staff agreed that under an entertainment permit that they had the right to charge a cover charge b~t not ailo~v dancing. ~elma Mann, Assistant Ciry Attarney: Stated the entertainr~ent permit section in itself p~ohibits a cover charge. It is up to the Commission to determine whether they feel the cover charge is appropriate or inappropriate for a particular use an a case b~ case basis. The entertainment permit will be made consistent with the conditional use permit. Bart Rainone: He thought that they were still going to allow the cover charge but that dancing was not going to be permitted. In reading the staff report, he thought that was staff s recommendat~on. Chairman Bristol: Asked Mr. Rainone if he is not going to have dancing but he wants a cover charge, what is he looking to do7 B~rt Rainone: Responded young people come and socialize. Dancing has become a very minimal part of this operation. Commissioner Williams: Asked what the purpose of the cover charge was for? Bart Rainone: Responded to off-set the cost of the DJ, security and cleaning. Explained that everyone goes to the desk through the main entry and state what they are coming in for, whether it be buwling or cover charge only. If they are in for bowling then they can bowl far 2'/: hours for $7 including shoes or they can pay ~2 a game. Commissioner Bostwick: Asked how thEy char5e the cover charge7 Bart Rainone: Responded everyone comes to the fron; desk to check in. They have security to monitor the doors of people coming in and they lead people in through the front. Once they paid their cover charge they have a stamp to show they have paid. He is requesting this for 2 nights a week, for 3 hours. He is not requesting this on a daily basis. On Sunday night from 8:30 p.m. to 11:30 p.m. and Thursday night from 9:15 p.m. to 12 Midnight. During this time there are only 100 to 120 people in the entire place. So it is not something that they can not control who has paid for w~at. The arcade will close ~t 12:30 a.m. on Friday and Saturday. If ne is not zllowed to have a cover charge, he could literally have hundreds of people come in if they know there is no charge. ~hairman Bri: tol: He has a bowiing alley, a bar, daycarP for bowlers, an arcade - 4 uses. Now he wants a 5th use. Mr. Rainone's discussion s ppears that he is trying to attract a young crowd. Bart Ra~none: That is the crowd that he is dealing with. Chairman Bristol: Asked how Mr. Rainone can have entertainment with a cover charge and expect them not to dance? Bart Rainone: They sit around and listen to the music and talk to their friends. it is a nice evening for them for 2Y: hours - it is a piace for them to go. Unfortunately, it is a younger crowd because most of the other bar t~pe operations do not allow them in. hie is approved for over 480 people at the bowling center. Chairman Bristoi: Asked why not charge them an extra doilar for bowling instead of the cover charge? Bart Rainone: The cover charge keeps it controlled. Cheryl Flores, Senior Planner: Condition No, 25 shows it to expire on July 6, 1999. It would be wise to clarify the hours that the DJ would be allowed for the entertainment permit which is s~mething they are a~nsidering. 07-06-98 Page 10 Bart Rainone: From approximately 8:30 to midnight. They play for approximately 3 hours and there will be n~ li~de music. Commissioner Boydstun: Recommended posting that no dancing is allowed. Chairman Bristol: Asked the Police Department if they agreed? Investigator Tom Engle, Vice Detail-Police Department: Responded yes. OPPOSITION: None ACTION: Determined that the previously approved negative declaration is adequate to serve as the required environmental documentation for subject request. Approved Modification of CUP 3124 for 1 year with the following changes to staff s recommendations: Deleted Condition No. 6. Modified Condition No. 26 to read as foilows: 26. That at all times that entertainment is permitted, security msasures shall be provided to the satisfaction of the Anaheim Police Department to determine unlawful conduct on the part of employees or patrons and promote the safe orderly assembly and movement of persons and vehicles. Modified Condition No. 30 to read as fallows: 30. That within thirty (30) days from the date of this resolution, a business license shall be obtained from the Business License Division for all amusement devices located on the premises. Added the foliowing conditions: That "No l7ancing" signs shall be posted throughout the facility. That prior to the commencement of Disc Jockey (DJ) entertainment, an entertainment permit shall be obtained from the Business License Division. Said entertainment shall be limited to Thursday through Sunday, from 8:30 p.m. to 12:00 a.m. with a cover charge only on Thursday and Sunday. That live entertainment sha~l not be permitted, That the hours of operation for the arcade shall be limited to 9:00 a.m. to 12:30 a.m. VOTE: (5-0, Commissioner Peraza absent and one vacant seat) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCU3510N TIME: 16 minutes (2:02-2:18) 07-06-98 Page 1 i 5a. 5b. OWNER: Wang Chih W. & Mei H. L., 539 South S:.ita Anita Avenue, Pasadena, CA 91107-5251 AGENT: Debra Gray, 3360 West Lircoln A~~enue, Anaheim, CA 92801 LOCATION: 3360 West Lincoln Av~nue - EI Dorado Inn, Property is 1,80 acres located on the south side of Lincoln Avenue, 785 feet east of the centerline of Knott Avenue. To arnend or delete conditions of approval pertaining to motel operations. Continued from the Commiss+on meeting of June 22,1998. CGtvui ~ IONAL USE PERMIT RESOLUTION NO. 8-3-98 Q49JK.DOC •:' FOLLOWING IS A SUMMARY OF THE P.LANNING CO~NMISSION AC'iION. ~Item Nos. 5 and 6 were heard togeth,er.j Cnairman Bristol: Stated the applicant was originally requesting !o modify their conditional use permit, however, a letter was received from Debra Gray requesting that their request be withdrawn. She has been informed that it is Commission's option whether to accept this withdrawal or discuss the item. He asked staff for their comments. Cheryl Flores, Senior Planner: Stated this was requested by the motel manager to clarify room rental procedures for the guests at that location. If Commission does choose to condition this property that it be as mentioned on page 3, paragraph 14, of both staff reports. Once the room has been occupied for 28 days that the guests must check-out for a period of not less than 24 hours. That would mean that they would chec~ out, remove their belongs, c~lher move to another raom and leave the premises, rather than as the petitioner requested that they wouid leave their belongings there and check out for up to 48 hours and then return. Chairman Bristol: Stated Ms. Gray also represents Item No. G(Conditional Use Permit No.1042) as well. They voluntarily wanted to ma'•e their conditional use permit more stringent. Don Yourstone, Senior Code Enforcement Officer. Stated Debra Gray, the on-site manager for both the EI Dorado Inn and Valencia lnn, has been very cooperative, not only with Code Enforcement but also the Police Department. They have wcrked very closely with her in regards to cieaning up the sites. He recommended that they wo~ k with her a little Ionger to resolve this matter. Commissioner Boydstun: Asked if it would be better to continue this itsm? Don Yourstone: Agreed. Investigator Tom Engle,l~ice Detail-Police Department: Stated it is true that Pl~. Gray has worked very well with Code Enforcement and the Police Department but this has not always been the way it has been in the past with previous owners and managers. They have had serious problems there in the past, Therefore, the Police Department recommended they have conditions placed on them because should Ms. Gray leave in the future the situation rozy change. 07-06-98 Page 12 : .l , ,. ,. Seima Mann, Assistant City Attomey: What was requested b~~ the applicant gets (nto areas which are not really within the cantrol of the City with regard to what the established charges or charges for storage of materials and places a limitation on a maximum time that someone may check out which is completely counter to what the purpose fs to having hotels and motels for transient occupancy. So only the portion of the condition that is recommended by staff is consistent with hotel or motel occupancy. Gommissioner Boydstun: Stated that was her reasoning for recommending a 1 month continuance to August 3rd, to see if something can be worked out. Selma Mann: 7he fact that ihe request for withdrawal was made does not mean that the Commission has to accept that. The Commission may ask ta corstinue it. The Commission also has authority to call up any motel or hotel for modification of conditions at any time. OPPOSITIdN: None ACTION: Continued subject request to the August 3,1998 Planning Commission meeting in order for applicant to meet with staff to agree on wording for the requested conditions of approval. VOTE: (5-0, Commissioner Peraza absent and ene vacant seat) DISCUSSION TIME: 5 minutes (2:19-2:24) 07-06-98 Page 13 6a. 6b. OWNER: Wong Kuok-Su, 539 South Santa Anita Avenue, Pasadena, CA 91107-5251 AGENT: Debra Gray, 3360 West Lincoln Avenue, Anaheim, CA 92801 LOCATION: 2630 Wost Lincoln Avenue - Valencia lnn. Property is 1.69 acres located on the south side of Lincoln Avenue, 300 feet east of the centerline of Stinson Street. To amend or delete conditions of appraval pertaining to motel operations. Continued from the Commission meeting of June 22,1998. CONDITIONAL USE PERMIT RESOLU'~ION N0, 8-3-98 SR -FOLL,OWINCrIS A SUMMARY:OF THE'PLANNING COMMfSSION ACTION., ' (Item Nos. 5 and 6 were heard together.] Chairman Bristol: Stated the applicant was originally requesting to modify their conditional use permit, however, a letter was received from Debra Gray requesting that their request be withdrawn. She has been informed that it is Commission's option whether to accept this withorawal or discuss the item. He asked stafF for their comments. C~~eryl Flores, Senior Planner: Stated this was requested by the motel manager to clarify room rental procedures for the guests at that location. If Commission does choose to condition !his property that it be as ~ ~~antioned on page 3, paragraph 14, of both staff reports. Once the room has been occupied for 28 days that the guests must check-out for a period of not less than 24 hours. That would mean that they would check out, remove their belongs, either move to another room and leave the premises, rather than as the petitioner requested that they would leave their belongings there and check out for up to 48 hours and then return. Chairman Bristol: Stated Ms. Gray also represents Item No. 6(Conditional Use Permit No.1042) as well. They voluntarily wanted to make their conditional use permit more stringent. Don Yourstone, Senior Code Enforcement Officer: Stated Gebra Gray, the on-site manager for both the EI Dorado Inn and Vaiencia lnn, has been very cooperative, not only with Code Enforcement but also the Police Department. They have worked very closely with her in regards to cleaning up the sites. He recommend2d that they work with her a little longer to resoive this matter. Commissioner Boydstun: Asked if it would be better to continue this item? Don Yourstone: Agreed. Investigator Tom Engle, Vice Detail-Pclice Department: Stated it is true that Ms. Gray has worked very well with Code Enforcement and the Police Department but this has not always been the way it has been in lhe past with previous owners and managers. The,y have had serious problems there in the past. Therefore, the Police Department recommended they have conditions placed on them because should Ms. ~ray leave in the future the situation may change. 07-06-98 Page 14 . ,,.: . _ _~...~...~3. .____._: , __._: -.- _ .._...... .._ .. ,. _.. __. .: _.._._~-•' ~x.- . 4: ~ .~ . ~ ~ ~ ~ ~ ~ .~ . ~ ~ . ~ . . . . Selma Mann, Assistant City Attomey: What was requested by the applicanf gets into areas which ara not really wlthin the control of the City with regard to what the established charges or charges for storage of materials and places a Iimitation on a maximum time that someone may check out which is completely counter to what the purposA is to having hotels and motels for transient occupancy. So only the portion of the condition that is recommended by staff is consistent with hotel or motel occupancy. Commissioner Boydstun: Stated that was her reasoning for recommending a 1 month continuance to August 3rd, to see if something can be worked out. Selma Mann: The fact that the request for withdrawal was made does not mean that the Commission has to accept that. The Commission may ask to continue it. The Commission also has authority to call up any motel or hotel for modification of conditions at any time. OPPOSITION: None ACTION: Continued subject request to the .4ugust 3,1998 Planning Commission meeting in order for applicant to meet with steff to agree on wording for the requested conditions of approval. VOTE: (5-0, Commissioner Peraza absent and one vacant seat) DISCU~oION TIME: 5 minutes (2:19-2:24) 07-06-98 Page 15 7b. RECLASSIFICATION NO. 97-98-19 8-3-98 7c. CONDITIONAL USE PERMIT NO. 4038 OWNER: Brian H. Krikorian, Adrienne L. Krikorian and Aram J. Krikorian, P.O. Box 5911, Sherman Oaks, CA 91413 LOCATION: 177T-A West Lincoln Avenue. Property is 0.5 acre located on the north side of Lincoln Avenue, 500 feet east of the centeriine of Crescent Way. To reclassify this property from the CG (Corrmercial, Generai) Zone to the CL (Commerciai, Limited) Zone and to establish a beauty salon with massage facilities within an existing 1,320 square foot retaii space in a commercial center. RECLASSIFICATION RESOLUTION N0. CONDITIONAL USE PERMIT RESOLi1TI0N N0. OC • o • • • e ApplicanYs Statement: Brian Krikorian: Stated he is one of the owners of the property and is present on behalf of the tenant who is seeking the use of the premises. This property has been in his family for almost 35 years. It was owned by his grandmother and when she passed on it was inherited by his brother, sister and himself. The space that is being rented was a bar in the past which created many problems for the site. They received many complaints from neighboring tenants. Over the last 3 to 5 years they have not rented that space because most of the interested parties wanted to open a bar so they have not wanted to rent it until now. Ms. Evans presented her plan to them which they think is a good plan for that area. He visited the site today and looked in the back. There was virtualiy no debris on their section of the property. It is a long strip mall. Behind the liquor store are some ca~dboard boxes, apparently there is a service that re~noves that once a week. He has spoken to the tenant and told him he needs to have that taken out and will follow it up with a letter. They are very aggressive with the tenant regarding debris. They have a service that cleans the front and they wi~l ensure that the tenants enforce the debris issue. He has spoken to the new tenant and explained that she has to comply with the City ordinances. She has another business of similar type which she has indicated she is very well aware of the Anaheim ordinances. Regardless of what tenant they have, if the tenant does not abide with the City ordinances then they will be evicted. He did make a call to Officer Yourstone and will follow it up with a letter to tell him that they would ensure that all the ordinances are enforced. They have put a lot of investment in this prope~ty and any further delay will impact the applicant because they are not receiving rent for the property. THE PUBLIC HEARING WAS CLOSED. Chairman Bristol: Asked Code Enforcement to r,omment on the complaints and uses that are not in conformance. 07-06-98 Page 16 Don Yourstone, Senior Code Enforce~ent Officer: Stated dezebets which is next door to this proposed establishme~t, a possible bor~d shop a~d some violations on this property. He recommended Commission grant an ext~nsion of t~me so they can h,~ily investigate this and retum }o Commission on a later date. Chairman BristQi: Asked Ms. Flores if Jezebel's sign is a sign violation? Cher~~l Fiore~: rtated first they have to determine what type of business it is and which codes it would be subject to. SR';s t~ ~ough tti~y were in the process of trying to make that determination. Selma Mann, Assistant City Attorney: Ordinarily they would not be involved in the content of the sign itself but there are special regulations that are applicable to sex-oriented businesses because of the harmful secondary affect that such business have been determined to have on the surrounding community. It is not c~ear at this point whether the establishment meets the threshold criteria for sex- oriented business. Commissioner f3oydstun: Asked Mr. Krikorian to explain which shops they own? Brian Krikorian: They own the 3 stores in the middle, including the lingerie sto~e and to the west is the liquor store which they also own and they own the middle store which is vacant. Commissioner Bostwick: Asked if the lingerie store has a business license and the proper permits for the operation? Don Yourstone: Yes, they do have a license for a lingerie shop. They were trying to determine the percentage of the videos and other items that they sell which would possibly make it a sex-oriented business. Chairman Bristol: Asked if the x-rated videos constitute a sex-oriented business as far as their selling of items? Selma Mann, Assistant Ci;~r Attorney: Responded there is a percentage space requirement in regard to how much space an establishment can devote to the sale of sex-oriented merchandise and aiso a percentage of gross sales and what can be devoted to sex-or;ented merchandise. The applicant is probably aware that a sex-oriented business is not permitted at this location. Brian Krikorian: Stated he has spoken with her and has read the ordinance. She is not over the 15% percent limit nor is she exceeding the 50% sales limit. She has an attorney which she has referred the matter to. He felt, as owners, they can not te punished for a r,harge that has brought that has not yet been proven. If she is found to be in violation then they, as the owners, will enforce that. Chairman Bristol: Emphasized that no one has sa~d that but there are some issues: • The actual type of use is uncertain that is why staff is asking for a continuance. • Staff has a real concern about men's and women's locker rooms and showers being expused to an open area, on the site plan for this project. It is staffs recommendation to redesign them. Brian Krikorian: From his understarding the tenant was rectifying that issue. He is more concernad with the issues of Code Enforcement. His concern is if that is the only reason for delay plus the debris and the site plan then they will rectify that. investigator Tom Engle, Vice Detail-Police Department: Stated the Police Department would lik~ to ensure that the applicant going to operate the business is aware of what is being discussed today, Brian Krikorian: State the operator, Ms. Evans, is present in the audience. 07-06-98 Page 17 Tai Eva~is, 4223 Common, Santa Ana, CA: Stated she fs a widow. She has a license for as a masseuse and beautician. This is her first time opening the business and she works wlth her sister. Chairman Bristol: Asked if she had read the staff report, in particular the concem with the men's and women's restroom and how she felt on that? Tai Evans: Responded she agreed with staff. Investigator Tom Engle: He wanted to make sure that she knew what was being discussed because there are questions about the layout of her business. In his opinion, Ms. Evans needs to retum to the Planning Department with revised plans before proceeding further on this item. Chairman Bristol: Asked Ms. Evans if she understood that? Ms. Evans: Indicated she did. Commissioner Boydstun: Asked how long it would take her to reyise the plans and submit them to the Planning Department staff? Tai Evans: Responded the plans were already revised and were submitted to Judy Kwok, in the Pianning Department. Cheryl Flores: Confirmed that the revised plans were received apparently just before the meeting began but staff has not had time to revierv them. Commissioner Boydstun: Asked if a 4 week continuance, to August 3rd, would be sufficient time needed to review the revised plans and address the concerns? Cheryl Flores and Don Yourstone: Agreed that would be fine. OPPOSITION: None ACTION: Continued subject request to the August 3,1998 Planning Commission meeting in order to allow more time for staff to review the revised plans submitted on July 6, 1998. VOTE: (5-0, Commissioner Peraza absent and one vacant seat) DISCUSSION TIME: 18 minutes (2:25-2:43) 07-06-98 Page 18 8a. CEQA CATEGORICAL EXEMPTION-CLASS 11 Continued to 8b. VARIANCE N0. 4341 8-3-98 OWNER: Chevron Products Company, Attn: Mario Bavtista, 1300 South Beach Bivd., La Habra, CA 90632 AGENT: RFA, Inc., Attn: Rich Stark, 2050 South Santa Cruz, Suite 2100, Anaheim, CA 92805 LOCATION: 1801 Sauth Harbor Boulevard - Chevron Service Station. Property is 0.50 acres located at the southwest corner of Katella Avenue and Harbor Boulevard. Waiver of permitted freestanding monument signage to permit two (2) double-faced freestanding monument signs. Continued from the Commission meeting of June 22,1998. ~fARIANCE RESOLUTION N0. SR7154DH.DUC • • e • • • OPPOSITION: None ACTION: Continued subject request to the August 3, 1998 Planning Commission meeting in order to allow additional time for the petitioner to meet with staff to resolve issues pertaining to the location and design of the requested signs. VOTE: (5-0, Commissioner Peraza absent and one vacant seat) DISCUSSIOM TIME: This item was not discussed. 07-06-90 Page 19 9a. CEQA CATEGORICAL EXEMPTION-CLASS 11 Continu 9b. VARIANCE N0. 4340 7-20-98 OWNER: Anaheim Hills Plaza, Inc., Attn: Bob Courtney, P.O. Box 16700, Encino, CA 91416 AGENT: LEADS, Inc., Attn: Eric Hu11,1820 East 1st Street, Suite 550, Santa Ana, CA 92705 LOCATION: 460 Suuth Anaheim Hills Road - Anaheim H I~ Piaza. Property is 11.4 acres located at the northeast corner of Nohl Ranch Road and Anaheim Hills Road. Waiver of (a) permitted commercial center identification and (b) maximum numbe~ of permitted walt signs to permit 3' monument signs for the existing retail center and 5 wall signs for a proposed retail store (Sav-on). • Advertised as 2 monument signs. Continued from the Commission meeting of June 22,1998. VARIANCE RESOLUTIOtd N0. SR1 to • • •- • • • QPPOSITION: None ACTION: Continued subje~;t request to the July 20,1998 Plannfng Commission meeting in order for the applicant to redesign the proposed signs. VOTE: (5-0, Commissioner Peraza absent and one var,ant seat) DISCUSSION TIflIIE: This item was not discussed. o~-os-ss Page 20 10a. CEQA NEGATIVE DECLARATION Approved 10b. CONDITIONAL I~SE PERMIT NO. 4041 Granted for 1 year OWNER: Charles A. Bonnett Trust, Attn: Michael R. A. Bagguley, (To expire 7-6-99) 701 Concord Street, Glendale, CA 91202 AGENT: Carol D. Cushing, 701 Concord Street, Glendale, CA 91202 LOCATION: 3010 West i.incoln Avenue - Numero Uno Plzzeria. Property is 1.58 acres located at the southwest corner of Lincoln Avenue and Beach Bouievard. To permit the retail sales of beer and wine for on-premises consumption and an amusement arcade with up to sixteen (16) amusement devices within an existing 4,800 square foot restaurant. CONDITIONAL USE PERMIT RESOLUTION N0. PC98-105 SR1 • • • • a o ApplicanPs Statement: Jack Cushing, representing the owner who is an associate of theirs: Stated they recently purchased the shopping center a few months ago and are trying to improve the appearance of the shopping center. It is a good shopping center but there was some deferred maintenance and tenants that were not doing working out well at that site. As the owners they evicted a business that performed body piercing due to complaints received from the other tenants. "Mattress Discounters" was a tenant that had several years to go on their lease but decided to make a settlement on their lease because they found the area was not upscale enough and were only able to sell their lower end mattresses. The former operator of Numero Uno Pizzeria had been giving the previous owner problems and was not doing a good business. Mi~key Vo had had worked for the previous operator and took over the business. Mr. Vo has been trying to upgrade the restaurant. The previous tenant had lost their beer license which they had for many years. The only problem he is aware of is the situation regarding parking which tf:ey are trying to remedy. He indicated he had read the staff report. THE PUBLIC HEARING WAS CLOSED. investigator Tom Engle, Vice Uetail - Police Depa~tment: Stated the Police Department is not against this estabiishment but they do have s~me qu~stions concerning the signage in the front windows and the degree of tinting on the windows. it is very hard for police officers to see what is going on inside the location through the tinted window~,, thus crE+ating a potential sec~rity problem. Commissioner Bostwick: SiatEd one of the requirements is that window signage be prohibited. He also indicated that the applicant needs ta r~move the dark tinting on the glass so the police can see inside the business. He was not certain whether it was in the glass or a surFace added to the glass, Commissioner Bostwick: Asked Mr. Cushing if he could remove the tivindow tinting. Jack Cushing: Responded he was not aware there was window tinting on the windows, but they can remove it. He point out there is a problem, Mr. Vo has a small window space. It would be nice if he could advertise accasionally on the window which would help business. 07-06-98 Page 21 Cheryl Flores: Stated there is the optfon of a special events permit for specials, etc. Commissioner Boydstun: She thought Mr. Vo could put up one sign to advertised lunch specials, etc. which currently he has 3 signs. She could see where he would need some advertisement. Investigator 7om Engle: Suggested the farthest east panel to the left would be the easiest to use because the one to the right is where the check out area is location. CommEssioner Boydstun: Suggested he could put the advertisement in the panel to the east and have one speciai sign that he could change. Jack Cushing: Stated Mr. Vo has practically no lunch business except takeout and it is very di~cult for him to make it. He is trying to establish a luncheon clientele in the area. There was further discussion regarding advertisement on the window panels. OPPOSITION: None ACTION: Approved Negative Declaration Granted Conditional Use Permit No. 4041 for 1 year, modifying Condition No. 15 to read as follows: 15. That window signs shall only be permitted in the two westerly window panels, and that the owner shall remove, if possible, the dark tinting from the remaining windows and door. VOTE: (5-0, Commissioner Peraza absent and one vacant seat) Selma Mann, Assistant City Attomey, presented the 22-day appeal rights. DISCUSSIOtV TIME: 10 minutes (2:44-2:54) 07-06-98 Pape 22 11a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) Approved 11b. CONDITIONAL USE PERMIT NO. 3843 (READVERTlSED) Approved OWNE~t: Shakour Cyrus, Yahya Cyrus and Laurence Cyrus, 2600 reinstatement for one year West Lincoln Avenue, Anaheim, CA 92801 LOCATION: 2600 West Lincolrs Avenue - Wheel Service Texaco (To expire 6-10-99) Property is 0.29 acre located at the southwest corner of Lincoln Avenue and Magnolia Avenue. To consider reinstatement of this perrr;! by the modification or deletion of a condition of approval pertaining to a time limitation to retain an automobile sales and repair facility. II CONDITIONAL USE PERMIT RESOI.UTION NO. PC9E-106 _ ~ SR7163TW DOC • • • • • • ApplicanYs Statement: Shakour Cyrus, 2600 W. Lincoln Ave., Anaheim, CA: Stated this request is to consider reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation to retain an automobile sales and ~epair facility. Public Testimony: Lori Cyrus: Stated she is Skahour's wifE and part owner of the business. She would like to have the permit granted because this is her family and children's livelihood. They have worked there 15 years and have tried very hard to comply with every recommendation that has been given to them. Yahya Cyrus: Stated he is Skahour's brother and Lori is his sister-in-law. They have been t.rying to the best of their ability to comply with the rules and regulations. If there is a feeling of non-compliance of the conditions then they would like to have the opportuniry to discuss it. Item 4 of the Discussion in the staff report, page 2, it stated that the only major non-compliance issue is no outdoor storage or display of or work of vehicles or outdoor storage of oars. This seems to be the major issue of non-compiiance, the rest of the issues are complied with. He questioned if this property is a repair facility then why can't they park their customers vehicles there. Most of the cars are waiting for parts to be installed. Sometimes they can not locate tha parts, parts coming from out of state, some are waiting to be paid by the customer and picked up, or they are waiting for the customers to given them permission to go ahead and repair these cars. It is not unusual to see cars parked in this property. • Storage of parts - they are actually recycling parts. By recycling these parts they are helping the environment. The recycled parts are picked up every other week by the recycling company. • Outdoor repairs of vehicles - sometimes vehicles come there on an emergency basis, so they have to open the hood outside !o identify the problem and give customers an estimate. Sometimes it is a minor repair such as a flat tire or radiator hose that needs to be fixed. All major repairs are being down inside the building. He felt they have cor~plied with the rest of the conditions. Ann-Marie Lockmeyer, 1550 W. Flippen Circle, Anaheim, CA: Stated she has bPen a resident of Anaheim for 14 years and also a patron of Mr. Cyrus's garage. She supports him because she has seen how hard 07-06-98 Page 23 they have worked to get this garage in compliance. It is a family run business and a cemfortable environment which she felt is important. She asked that Commission give the applicant the same consideration that they have given to other applicants. Esther Wallace, chairman of WAND, 604 Scott Lane, Anaheim, (:A: Stated she lives near this site and also she spoke about a year ago when the applicant came before Comtnission. The site looks better than what it use to look like but there are some conditions that they still have not meet. Their permit was given on the basis that they compiy. They are trying to improve the blight in Anaheim and the conditions that the Pfanning Commission put upan them are conditions attainable. She was disappointed with their landscaping in the front. She knows that he has complied with some of the conditions but would like to see full compliaaca. THE PUBLIC HEARING WAS CLOSED Don Yourstone, Senior Code Enforcement Officer: Stated on June 26, 1998, he conducteri an inspection along with Ted White, the Planner. They obseNed cars stored at the site which appeared to oe there for a long period of time. There were some auto parts to the rear of the building which included a 55-gallon drum of oil and tow truck. Yahya Cyrus indicated to them that the irrigation system did not work and were using a hose to water the front landscape. The landscaping along the south side of the property, in the area of the billboard was very sparse. There was a~alm tree that had been cut down and not replaced. Last Thursday, Che yl accompanied him to met with the owner of the property who agreed to clean up everything. They brought all these conditions to his attention and the owner assured them that they would be met. He went out to the site this morning to inspect the property and all the outside storage was gonP. Water irrigation for the landscaping had been installed along the existing landscaping, which he thought that could be improved a little. The palm tree stump was still present. There were no vines nor were tha doors to thP trash bin enclost,re to Code. The doors are required to be a metal door and according to the conditional use permit, vines were to be plantad to screen out the trash enclosure. The trash enclosure was not to be open towards Lincoln Avenue, which it currently does. After meeting with the own~r today and expiaining to him that there should be no outdoor storage, he proniised to improve the landscaping as well as comply~~:~ with the outdoor storage. Commissioner Boydstun: Asked Mr. Yourstone his opinion of an inspection of this site every 30 or 60 days for the year that the conditional use permit is extended, to see that these conditions are compliad with in a timely manner? Don Yourstone: He agreed and suggested an inspection once every 30 days for the next year, which is a $58 inspectian fee. Commissioner Boydstun: Asked Mr. Cyrus if he would be willing to do that? Skakour i;yr~~~ He agreed. Cheryl Flores, Senior Planner: Stated the wrought iron fence to the west has been painted white but the wrought iron fence on the west stiU remains black. She recommended that the fence be painted all white. Skakour Cyrus: Unfortunately, he did not have time to finish painting it and he agreed to finish painting it white ~o match the other side of the fence. Cheryl Flores: In the past they have seen that the property would be maintai~ed and then it would be less then weli maintained until Code Enforcement made another inspection. She thought it may be appropriate to add to the condition that should Code Enforcement determine tha4 the landscaping is not being maintained then a professional gardening service shall be retained by the busincss owner to provide weekly landscape maintenance. Skakour Cyrus: Stated he has contracted a landscaper who is coming three times a month. 07-06-98 Page 24 Chairman Bristoi: ;~sked staff to verify that the owner can not store items outside. Cheryl Flores: Responded that was correct. The previous approval aiso does not allow for the storage of tow trucks at this facility. Chairman Bristol: The reason he mentioned this was because the applicant's brother asked a question regarrling ~torage. Another concern is that this property is not the proper site for this type of use of starage and selling vehicles. The conditional use permit was granted for service and miscellaneous sales of vehicles. Commissioner Boydstun suggested extending the use for another year. However he emphasized that the applicant must understand that due to his success he may in the future outgrow this site. He stated for the record, he felt fhis site is currently toc small for this use and asked Mr. Cyrus if he understood. Skakour Cyrus: Confirmed he did understand Cheryl Flores: Stated staff has a concem with the trash enclosure that needs to be oriented so it does not face the street, it needs metal doors, etc. Also they would need a timing to get the trash enclosure into compliance if Commission is considering reinstatement. Skakour Cyrus: Asked fcr a clarification of what Ms. Flores had stated. Chairman Bristol. Expiained when the conditional use permit was granted the trash enclosure gates were suppose to face w,st, they were not suppose to face towards Lincoln Avenue and must be metal. They have to be reconfigured to face west. Skakour f;yrus: Responded he did not have a problem with that. When he went with his plans to the Streets and Sanitation Division, they concluded that the Sanitation trucks were suppose to come in from Lincoln, pick up the trash and go back the way out to Lincoln. The Streets and Sanitation Division approved the plans with that change. He took the plans to the Planning Department, they approve~ them and he then went to the Building D;vision. Cheryl Flores: Stated the plan an file was signed off by Public Works on November 20, 1997 for the site ~;or the enclosure only. It was not meant to address which way the docrs would face because that is covered by the condition of approval. Cheryl Flores: Regarding the 4 cars that Mr. Cyrus is allowed ~o have, for security they could be parked behind the wrought iron fence. Condition No.12 should aiso be modified to state that the wrought iron fence will or will not be permitted, at Commission's discretion. Reaarding parking the vehicles for securit~• before that fence, if it is permitted, it should be all right. They would not like to see i~operable vehicles storage or storage of part, strictly limited to cars for sales. Cheryl Flores: Asked about the timing for compliance with the trash enclosure? Commissioner Boydstun: Recommended the timing be for 90 days. After the action: Skakour Cyrus: Asked for a clarification regarding the trash enclosure, whether it needs to be removed? Commissioner Sostwick; Responded the trash enclosure needs to be reoriented and have metai gates installed. Commissioner Boydstun: Recommended that the appllcant check with the Streets and Sanitation Division and have them verify that first. Before the applicant moves the trash enr.losures, it should be verified that they will accept it. But the applicant does need metai doors and vines planted on the solid wali. 07-06-98 Page 25 OPPOSITION: 1 person spoke with concems. ACTION: Determined that the previously appn~ved negative declaration is adequate to serve as the required environmental documentation for subJect request. Approved reirstatement for CUP 3843 for 1 year, to expira on June 10,1999, with the following changes to conditions: Modified Condition Nos.12 and 13 to read as follows: 12. That the existing wrought-iron fence enciosing the exterior storage area to the rear (south) and side (west) of the building may be permitted to remain so that the cars for sale may be enclosed at night for securiry purposes. That no (noperable vehicles or parts may be stored in this area and that all work on vehicles shali be conducted inside the building. 13. That within a period of ninety (90) days from the date of this resolution, the trash enclosure shall be relocated to the west side of the existing buiiding. The doors (openings) of the trash enclosure shall not be oriented towards Lincoln Avenue and further, that vines shall be planted adjacent to the walls of the trash enclosure to provide screening of the enclosure and to prevent graffiti opportunities. The exact location of the trash enclosure (on the west side of the building) shall be subject to the review and approval of the Department of Public Works, Sanitation Division. Added the following conditions: That subject facility shall be subject to monthly inspections by the City's Code Enforcement Division. The cost of such inspections shall be paid for by the operator of subject facility. Note: The business owner agreed to paint the easterly wrought iron fence white to match the westerly wrought iron fence. VOTE: (&-0, Commissioner Peraza absent and one vacant seat) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 37 minutes (2:55-3:32) (A break K~as taken following this item. j 07-06-88 Page 26 12b. CONDITIONAL USE PERMIT NO 4040 I 8-3-98 OWNER: Don L. Garcia and Lisa F. Morales, 25622 Salemo Way, Yorba Linda, CA 92686 AGENT: Mario Morales, 25622 Salemo Way, Yorba Lfnda, CA 92686 LOCATION: 914 South Harbor Boulevard. Property is 1.13 acres located south and east of the southeast corner of Harbor Boulevard and Vermont Avenue. To permit a day care facility with a maximum of sixty (60) children H~ithin an existing 4,785 square foot building. CONDITIONAL USE PERMIT RESOLUTION NO SR7159TW.DOC • • • • • • ApplicanYs Statement: Mario Morales, 25622 Salerno Way, Yorba Linda, CA: Stated he is the agent for the owners, Don Garcia and Lisa Morales. They nbjected to Condition No. 8 regarding landscaping. StafFs recommendation is to remove the patio area in front of Harbor Boulevard and replace it with lands~aping, as opposed to keeping that as a patio area as shown on his exhibit. He feels there are other ways of landscaping that area without removing the concrete section. (Submitted a simulated photo board.] Chairman Bristol: Asked where the playground equipment is located? Mario Morales: Responded it woulo be located on the north side of the property. Stated the landscape plans have not been submitted at this time but will be submitted. He is proposing to retain the patio area. There will be small children cared for in the building connecting the patio erea. Removing that will encourage loitering in that area and remove the security portion of that building for that part of the building. Commissioner Williams: Asked if there will be a gatel Mario Morales: Responded it will have a gate to the sidewalk. Cummissioner Wiiliams: Asked how that is going to give them security? Mario Morales: Responderi pe~estrians seeing a gated area are more inclined not to come in - it is visual security. Commissioner Williams: If !he gate to the sidewalk is not a req~aired fire exit why not closed the gate permanently or remcving it and make a continuous fence rather than the gate? Mario Morales: They can do that if it is a fire requirement but they would like to keep that area with a gate. THE PUBLIC HEARING WAS CLOSED. 07-06-98 Page 27 Chairman Bristol: At the morning session Commission discussed Vermont Street and Harbor Boulevard relating to this proposed project. A suggestion was to use Vermont exclusively and not come out off on Harbor. Mario Morales: Responded the parents coming ftom 5 iwy. driving north have an easier assess onto the Harbor Boulevard. It provides better flow to have both sides open. Chairman Bristol: The residences to t.~e north were not partitioned from the site. Commission is also concerned with the circulation and the safety of the children. Mario Morales: Regarding the resident to the north there are plans to have a partition in the form of a wooden fence installed in that section. They are proposing to temporarily barricade traffic with a florescent chain link on both entrances for approximately 5 minutes untii the children are transported from the buiiding to the playground. The resident and the church on the property are encouraging them to gek this sike set up because of the loitering in the back parking lot. Investigator Tom Engle, Vice Detail - Police Department: Stated this is a high crime rate area so the Police Department has a concern for the safety of the children while they are there. There is a vacant lot at the corner that they also own and asked Mr. Morales what their plans are on that lot? Mario Morales: There are plans for improvements in the future. By this Friday that lot will be enclosed with chain Iink. Investigator Engle: Stated the Police Department has a concern with the children's safety related to 1010 South Harbor, the old County offices. Mario Morales: The crime is there because that property is vacant. By having a child care on that site it will, itself, provide security. Investigator Engle: Asked Mr. Morales how many empioyees are they going to have? Mario Morales: Approximately 4 to 5 per shift. Of those 1 will be office staff. They will be having approximately 24 children per shift. Commissioner Bostwick: Asked Mr. Yalda if there are any plans to widen the ultimate right-of-way at Harbor Boulevard? Alfred Yalda: Principal Transportation Planner: Responded he did not think there were any plans to widen at that location. Commissioner Boydstun: Asked about the driveway that they are requesting at Harbor Boulevard whether if would be an "in" only and t;~affic would go "ouY' the other way? Mario Morales: Correct. Alfred Yalda: Stated any fencing around this area should meet the minimum line of site distance, If they want to install a chain link in front of any driveways they need to make sure that some type of reflective signs be installed on it due to any possibie emergency vehicle in the evening. It can potentially be a very hazardous situation. Mario Morales: He agreed and said it would be done. Cheryl Flores: Stated that Mr. Morales indicated there would be a wooden fence placed to separate the residents to the north from this prope~ty. Staff wants to make sure that there are 11 parking spaces are available for this use when the fence is installed, Chairman Bristol: Stated it appeared there is not very much of a setback with the residence to the parking lot, a matter of e few feet. 07-06-98 Page 20 Mario Morales: He disagreed. Alfred Yalda: The minimum width with no parking is 20 feet. If there are 20 feet available then 2 cars could pass each other inside this site. Mario Morales: There is more than 20 feet available Commissioner Boydstun: If the parking and play area were switched then they wou(d end up with one more parking spaces. Cheryl Flores: Asked whether she meant if the play area were located directly to the east of the building where the parking spaces are now that they would loose those. It seems that it would be more appropriate just adjacent to the building. Commissioner Boydstun: Stated the applicant would initially loose 4 parking spaces but it would be a larger area which would actually add 1 extra parking space. There was further discussion regarding Commissioner Boydstun's suggestion. Chairman Bristol: Explained to Mr. Morales that it is being suggested to use the area between the facility and the play area, as a play area. By doing that he will actually gain 1 parking space in the process. They are trying to reconfigure the play area behind the facility. Included in the suggestion, Commissioner Boydstun is recommending to eliminate the Harbor entrance. Commissioner Boydstun: They would then use the Vermont entrance because it is unsafe coming in off of Harbor Boulevard. There is the potential for an accident to occur off of Harbor Boulevard. Mario Morales: Stated he is unclear where she is proposing to have the children enter the play area. Commissioner Boydstun: Her suggestion was to take what they have for the play area now and remove, remove 4 parking spaces and make that an entrance and use that for the parking area. The parking area just to the west of that, make that the play area adjoining the building where the children are going to be so the children are not going to be across tra~c. She felt Harbor Boulevard is a unsafe entrance due to the traffic, and there is the possibility someone may get rear ended as they pull into this off of Harbor Boulevard. She suggested making the entrance off of Vermont where they are pulling in, the parking spaces would be right there by the play area. They could use those for loading and unloading. Mario Morales: There have been several businesses in the past at that location and the entrance was never brought up as being a problem in the past. Commissioner Boydstun: The applicanPs current layout having children walk across the driveway in a parking lot to get to a play area seems unsafe and awkward. She felt the children should be able to go out the door and directly into the play area. Mario Morales: There are two day care facilities in Anaheim that use this type of format where they cross through a parking lot and they have been successful at it. They are adapting their way by barricading the entrances for a minimal time while the children are being transported from one area to another. Cheryl Flores: Perhaps it would be best if staff could review this on a plan. Recommended the applicant submit ideas for correcting this playground area for the saFety of the children. Staff also has some questions about the length of a shift, what constitutes a shift, how many children would be there during any given shift and what would be the ratio of employees versus children. She suggested a continuance. The length of time depends on liow soon the appiicant could turn in the plans to the Planning Department. Mario Moraies: Stated they have been delayed in this project and would like to expedite it as soon as possible. 07-fl6-98 Page 29 ~ ' . . , ' ~ ~ - . . . . . Chairman Bris#ol: Stated they are all concemed about ths safety of the children and the traffiacirculation at thfs proposed site. He suggested Mr. Morales work with staff. Mario Morales: On Condition No. 3 the exisUng sign pole. They wanted to reface that since It wili give them the visibflity. The exhibit he presented was (n the event they declined that proposal. He wauld like to keep that and reface ft with their logos and signage. Sfnce it is there now it gives them the best visibility for advertfsing. Commissioner Bostwick: The applicant would need to rethink his landscaping to keep the palm trees out of the way of the slgn. Cheryl Flores: Stated this property fs (n the CL Zone. Staff was recommending that the sign be removed because the building itself is so close to the street that it doesn't seem like it needs the pylon sign, The sign was big enough for two uses in the past but now there will only be one use and therefore it seemed to staff that the sign was no long appropriate. OPPOSITION: None ACTION: Cont~nued subject request to the August 3, 1998 Planning Commission meeting in order for the applicant to submit revised plans. VOTE: (5-0, Commissioner Peraza absQnt and ane vacant seat) DISCUSSION TIME: 37 minutes (3:38-4:15) 07-06-98 Page 30 ; ~:. ,::. .~ 13a. CEQA CATEGORICAL EXEMPTIONi (CLASS 11~ 13b. VARtANCE NO 4342 OWNER: Alpine-Anaheim Vacation Park, L.L.C., 6345 Balboa Boulevard #112, Encino, CA 91316 AGEN'f: Motivationat Systems, Inc., 1240 Railroad Street, Corona, CA 91720 LOCATION: 311 North Beach Boulavard - tlnaheim Destiny R.V. Resort. Praperty is 8.1 acres located on fhe west side of Beach Boulevard, 800 feet north of the centerline of Lincoln Avenue. Waiver of permitted identification signs in the RS-A-43,000 Zane to construct a 9 foot wide by 8 foot high, 60 square foot monument sign. VARIANCE RESOLUTIQN ~10. PC98-107 Granted .DOC • ' • • • • ~Pp~SITION: Nona ACT~ON: ConcuRe~ with staff that the proposed project falis within the ~efinition of Categorical Exemptions, Class 11, as defined in the State EIR Guidelines and is, therefore, categorically exempt from the requirements to prepare an EIR. Granted Variance No. 4342 with the following added condit~~n: That the existing signs located on the wood posts shall be removed. VOTE: (5-0, Commissioner Peraza absent and one vacant seat) Selma Mann, Assistant City Attomey, presented the 22-day appeal rights. DISCUSSION TIME: 1 minute (4:16-4:17) 07~08-98 Page 31 14a. CEQA NEGATIVE DECLARATION (PR~VIOUSLY-APPROVED} Continue~ to 14b. CONDITIONAL USE PERMIT NO 3921 (READVERTISED) g.17_gg 14c. REQUEST FOR RETROACTIVE TIME EXTENSION TO COMPLY WITH CONDITIONS OF APPROVAL OWNER: F.J. Hanshaw Enterprises, Inc., 10921 Westminster Avenue, Garden Grove, CA 92843 AGENT: Desapriya Jinadasa,1112 North Brookhurst Street, Anaheim, CA 92801 LOCATION: 1112 North Brookhurst Street Suite 1- Cheers Market. Property is 0.91 acre located north and east of the northeast corner of Brookhurst Street and La Palma Avenue. To consider amendment or deletion of a condition of approval pertaining to hours of operation for a previously-approved 2,200 square foot convenience market with retail sales of alcoholic beverages for off- premises c~nsumption and to consider a retroactive time extension to comply with conditions of approval. CONDITIONAL USE PERMIT RESOLUTION N0. • • • • ~ s Chairman Bristol: Stated for the record, a letter from the owner of Cheers was received today. ApplicanYs Statement: Desapriya Jinadasa, owner of Cheers Market: Stated he is requesting approval to expand the hours of operation for the convenience market due to the pending new off-sale liquor license. He had a request from ABC to hold of the liquor license until Commission approved the new operation hours. Due to current construction it has been very slow although it is near two major freeNiays. Home Depot is also currently under construction and due to open in August. That will help increase their sales. There are no other neighboring convenience stores that have a liquor license in the immediate area. Since he has opened the store there have been many patrons who have complained because they feel his convenience store is closing very early. Their store is like a mini supermarket because they carry a variety of many items. Next door is South Baylor University that have early morning hours, 7:00 a.m. Next to them is the Chevron gas station that also br~ngs many customers to them. He is requesting to have the condition regarding signage on the windows to be deleted. They would like to occasionally advertise promotions on the windows without obstructing the view. He installed 7 color security cameras, inside as well as outside the market. They ~vill comply v~ith the guidelines of the Police Department. The only sign that obstructs the view is the Lotto sign which he will remove it. 7-Eleven approached him about opening as a franchise but he indicated that he has conditions imposed to him from the City and wouid not be able to do that until the City grants him the approvai. THE PUBtIC HEARING WAS CLOSED. 07-06-98 Page 32 Commissioner Boydstun: Asked if ;he service station is open 24 hours? Desapriya Jinadasa: Yes. Also the public telephone originally fnstalled has been removed and installed in a different location. Commissioner Bostwick: Stated Mr. Jinadasa needs to inform the owner that there are no public telephones allowed outside. Commissioner Bostwick: Regarding Condition No.18 on the original CUP, the area of alcoholic beverages including beer and wine display which shall not exceed 25% of the total display area in the building. Asked Mr. Jinadasa how he is proposing to put in full alcohol and still maintain less than 25%? Desapriya Jinadasa: Responded he thought the percentage was 50°/a. He has added 3 more coolers. Commissioner Bostwick: Stated also on Condition No.19 oP the original CUP, stated that Mr. Jinadasa's aicohol beverage sales shall not exceed 35% of his gross sales. If alcoholic beverages, which arQ more expensive than beer and wine, was added, asked how the applicant is going to be abie keep his gross sales of alcoholic beverages under 35%? He could nat see how this is possible. In order the off-set that Mr. Jinadasa would have to sell many other items. Mr. Jinadasa's statement that he needs the sale of all the varied items to the school next door and all the passer by. But the university does not need to purchase full alcoholic beverages. He does not feel the applicanYs reasoning for having the full alcoholic beverages is justifiable. Mr. Jinadasa has also added the ATM sign out front as well as window signage. He felt it appears the applicant is trying to cram a lot into this business. The applicant needs to decide what type of business he is going to be then plan accordingly. Desapriya Jinadasa: Responded he provides more of other items such as candy, soda, etc. The ATM sign seems to attract more customers into his business to off-set the slump due to the construction. That area is a little dark and the ATM sign lights up the area. He is willing to do anything that Commission feels is necessary to improve the business. Investigator Tom Engle, Vice Detail - Police Department: He recalled a year ago there were problems regards to this site because of the beer and wine sales and full alcohol sales. They would like to see a plan of how Mr. Jinadasa is going to protect his business from being available for walk in/walk out type of thefts. 7hose are the types of concerns that the Police Department has. Chainnan Bristol: Asked what the census tract is regarding crime? Investigator Engle: Responded the census tract here regarding crime rate is low because most of the tract is in Fullerton. Desapriya Jinadasa: They have 12 foot long display cases which are full of inerchandise. All the alcohol is in coolers. Inside the counter he will have other merchandise, not alcoholic beverages. Investigator Engle: Asked if he is planning to remodel !h~ area where his checkout stand is to accommodate all of this alcohol behind it? Desapriya Jinadasa: Responded he thought of putting the counter a little higher so he can put other merchandise in the front. But he is not planning to do a major construction inside. Commissioner Bostwick: Stated he is in agreement with staff to contin~ ~ed this item to August 17th. Meantime, Mr. Jinadasa needs to meet with Code Enforcement and Planning Department regarding his signage, the public telephones, a landscape plan and bring them in conformance with the existing CUP befare it can be considered for an extension. He does not feel he can support the full alcohol beverages. 07-06-98 Page 33 Following the action: Selma Mann: Stated asked for a clarificatian with regards to the action taken by Commission. ~taff was under the impression that everything was going to be continued. Did they act on the CEQA but nothing else and therefore the item was actually continued? Commissioner Bostwick: Yes. Both the extension of time and the conditional use permit have been continued to August 17, 1998. OPPOSITION: None ACTION: Continued subject request to the August 17,1998 Planning Commission meetfng in order to allow the petitioner additianal time to comply with conditions of approval, including removing the unpermitted signage and telephones, and submitting landscape plans for review and approval of the Planning Commission as a"Reports and Recommendatio~s" item, prior to consideration of this request for amendment or deletion of a condition of approval. VOTE: (5-0, Commissioner Peraza absent and one vacant seat) DISCUSSION TIME: 19 minutes (4:18-4:37) 07-06-98 Page 34 15a. CEQA NEGATIVE DECWRATION Continu 15b. WAIVER OF CODE REQUIREMENT 8-31-98 15c. CONDITIONAL USE PERMIT NO 4039 OWNER: Foundry Investments, 2601 Main Street, #510, Irvine, Ca 92614 AGENT: Richard DeSantis, 2300 East Winston Road, Anaheim, CA 92806 LOCATION: 2300 East Winston Road. Property is 11.2 acres located on the south side of Wiiiston Road, 200 feet west of Simpson Circle. To permit large equipment storage, including tractors, trailers, and dump trucks, in conjunction with an existing horse ranch/boarding faoility with waivers of (a) minimum number of street trees, (b) minimum landscaping for screening fences/walls, (c) minimum parking lot landscaping, (d) required improvement of parking areas, (e) minimum structural and landscaped setback adjacent to a local street. CONDITIONAL USE PERMIT RESOLUTION NO. • • o • o • ApplicanYs Statement: Richard De Santis, 2300 East Winston Road in Anaheim. Stated he is requesting approval to permit large equipment storage, including tractors, trailers and dump trucks to park on this facility in conjunction with an existing horse ranch/boarding facility. He had not read the staff report because he just received it today in the mail. He wanted to clarify that he did not request all the waivers. The only waiver that he asked for was the paving of the area. (He submitfed photographs.] Steve Bristol: Asked the applicant if he wanted to comment on the staff report? Richard De Santis: He felt it would be more appropriate for his attorney to discuss the staff report. THE PUBLIC HEARING WAS CLOSED. Chairman Bostwick: Asked s~aff to explain what is meant by thp use of this site as being legal non- conforming. Cheryl Flores, Senior Planner: Explained as point out in paragraph 14 of the staff report, a horse boarding facility is a legal non-conforming use meaning that there is no conditional use permit to cover that facility. Section 18.02.058.014 of the Anaheim Municipal Code specifies while a non-conforming use exists on any lot, no other use shall be permitted. That comes into play with this request since we do have a non-conforming use. Chairman Bristol: Stated that even if staff recommends approval, Commission could not approve because it wauld change the use or the appiicant would loss their legal non-conforming use. Cheryl Flores: Correct. 07-06-98 Page 35 Richard De Santis: Stated when he pre-filed that was never told to him Commissioner Bosiwick: Stated that is the reason all the variances were added, for the trees and landscape because it would have to come into conformance. Cheryl Flores: The waivers were added because of a review of the site plan when it was discovered that the site plans did not conform with Code they have to advertise the waivers for that. Commissioner Boydstun: Asked why would this go this far without the applicant being notified that it was non-conforming and would loose one use if he would took another use? Cheryl Flores: She thought it was discovered after pre-fle that the horse ranch and boarding faciiiry was a non-conforming use. It was not discussed at the pre-file stage. This was determined as the plans were reviewed and the staff report was written. In pre-file they do have a preliminary review to the pronnsal and in the preliminary reviev~ it was not discovered as a non-conforming use. Commissioner Boydstun: If this is something that he legally can not apply for then how could we take his money? Commissioner Bostwick: Wasn't this discussed in the InterdepaRmental meeting? Chieryl Flores: Responded she ~id not belisve this applicant attended the interdepartmental meeting. This did come up since pre-file. Greg Hastings: Stated this development could come into compliance with the Code if there is a conditional use permit brought forward on this as well. There is a provision in the ML Zone. However, it would need to be a waiver in regards to the proximity to residential p~operty to the west which actually is not being used as residential, it just happens to be zoned that way. Com~nissioner Bristol: Asked how many trucks the applicant has on-site? Richard De Santis: Approximately 7 big rigs (16-wtieelers) and 4 to 5 dump trucks and atout 10 or 12 tractors. Commission2r Boydstun: Asked if some of that equipment was moved from the lot just to the west of the applicant that use to be for storage? Richard De Santis: Yes, when the former occupant of that lot lost his lease and the owners of the trucks needed a place to park, they asked him permission to park in his lot. That is how that started. Most of the trucks that he has now are trucks that came from the other lot which was approximately 20U yards to the west. Commissioner Boydstun: Had a real concern about the oil dripping fr~m that equiF;nent which goes into the groundwater. Richard De Santis: Responded that he undsrstood !hat. In looking at the photographs that he submitted to Commission they are existing lots that are in Anaheim at the present time. That is only a small part of what is there. They are ali on dirt as he is. The tormer owner also parked them in the same manner. Commission Boydstun: There have si~ce been new requirements established. Richard De Santis: He understood. Chairman Bostwick: Stated Commission can not approve this because they are not allowed to. after reading all of the conditiuns thst would have been placed on this, had ihey been able ta go through with this, would he be willing comply with all the conditions if the staff could explain to him now to get into total compliance? 07-06-98 Page 36 Commissioner Boydstun: The owner would have to dedicate to a 32-foot wide street, meet water quality management plans which would probably mean concrete under the trucks. Cheryl Flores: It wasn't just the issue of the non-conformity but staff had ,;;,int out throughout th~ sta~` report the issues with impact to the environment as the groundwater, soil contamination, etc. as well as the use ifself and ths fact that trucks were being worked on the property. Richard De Santis: Stated trucks do not get worked on the property. It would only involve minor work such as changing of a tire. If the trucks need service they take them to garages. Commissioner Bostwick: This item needs to be continued and the appiicant return with all the conditions and waivers or Commission denies this today. It is up to the applicant. Dan Wildish: Stated he is the attorney present the applicant. Their request is that this matter be continued for a sufficient period of time to allow the applicant to work with staff and answer some of the questions which staff may ha~~e. They understand that this is a legai non-conforming use. fie is extremely concerned with the prospects here of the applicant loosing their abiliry to operate this faciliry which they have operated as a horse ranch board:°~:~g facility since 1972. There are very few remaining horse ranches in Anaheim. They have en;oyed that right for a ver,~ long time and without compiiant or problems within the community. He is also ccncerned with some of the facts contained in the staff report. There is an emphasizes on the fact that this is next door to an adjacent property which is zoned re: `~+ential. That property to the west has a pending resolution for a change applicant to ML Zoning. It is cur~ ently owned by the Nevell Chemical Corporation and is operating as a lima bean and strawberry farm. It is not residential. The subject property is not easily a~cessed. It is suffciently screened as it sits now and is really not visible to the public. They feel it a{so has a valuable use to che community which is the boarding of horses and horse ranch facilities. They request a continuance and clarification in dealina with City staff concerning the applicant's ability to continue to operate as a horse boarding and ranch faciiity. That would be their main concern. As the applicant point out he only today received the staff report. The apolicant did inquire about a continuance w~:h Mr. Kevin B^ ~s of the Planning Department but the continuance was not permitted at the }!me. So for those reasons they request a least a 6 week continuance to meet with staff and try to rasolve some of these questions and concerns Chairman Bristol: He sees n~ reason the City would not allow Mr. De Santis to continue the stables because that was not a code violation but ~ather the applicant corning to the Ciry to add to the use. Commissioner Williams: Asked if Commission grants the 6 weeic continuance because of the non- conformirg use with these vehicles parked there, d~ fhey have to be moved? Don Yourstone: Responded that it has been City poi~cy that as long as the applicant is in the process of trying to obtain any proper permits then Code Enfor~p-nent will allow them to continue the business u~til all the rernedies are exhausted. Cheryl Flores: Regar~ing the continuance, in order to advPrtise a new conditional use permit for the horse ranch, staff would need to rec~~~~ plans for that. If aii the plans and the conditional use permit applicant a~id fees are paid by July 15th and submitted to staff, then they could advertise that for the August 31, 1998, Planning Commission meeting. It woula probably be best to continue this request until after that horse ranch conditional use permit is heard. Commissioner Bostwick: The applicant needs to make the decision. A continuance would allow for that decision to be made and for him to file pians if that is ~he intent to get the CUP for the horse ranch and for the trucks. Selma Mann, Assistant City Attorney: If the applicant does apply for a conditional use permit for the ~xisting horse boarding facility and that is denied, he would be left with an existing non-conforming use. 07-06-98 Page 37 That would not eliminate the existing underlining non-co- -ming use. What wouid happ~n is that the applicant would noi have the ground work lai~ to be able ~._ ~ approve ~n additlonal use onto the property, as stated in paragraph 1~4, but he wouid not loose what he now has. Sa if that is the concem with regard to applying, it would not be a giving up of the exlsting legal non-conforming use. As pointed out, it does not appear to be any nuisance situation or other problem with regard with the underiined use, if the CUP were tumed down he could continue as he has been but with the use that was legal non-conforming and not with the expansion of that non-conforming use to another use that does require a conditi4nal use permit and which regardless oFwhich action the applicant takes at this point, where the applicant has already been placed on notices that some of the activities may be contaminating the groundwater. She asked if they couid get agreement from the applicant since they were the ones that asked for the continuance that there is not an issue regarding to the permit streamlining action with this request. Dan Wildish: Responded yes, Aft~r the action: Commissioner Boydstun: Stated the applicant does understand that he has to get the first CUP for this and by getting that CUP that all of these things are going to come in as far as driveways, landscaping, etc. Because she understood that he indicated that he does not own the property. Is the owner willing to have him do all these things because it is going to be expensive? Dan Wildish: They will be exploring those issues with the owner. Commissioner Boydstu~: if the applicant doesn't retum, how long does he have to remove the trucks off the property7 Cheryl Flores: Stated staff wi~l know by July 15th whether they have applied for the new CUP or not. Don Yourstone: If it is just the storing of trucks there then it would be a matter days to get the trucks out of there. So they would not give them a long period of time, possibly about 10 days. There would be no need to prolong it any further. OPPOSITION: None ACTION: Continued subject request to the August 31,1998 Planning Commission meeting in order to allow the applicant time to request a CUP for the non-conforming horse stables located on this property. VOTE: (5-0, Commissioner Peraza absent and one vacant seat) C~ISCUSSION TIME: 20 minutes (4:38-4:58) 07-06-98 Page 38 16a. CEQA NEGATIVE DECLARATION 16b. WAlVER OF CODE REQUIREMENT Approved 16c. CONDITIONAL USE PERMIT NO 4043 Approved Granted OWNER: Byron A. Dahl, Luetta F. Dahl and Basil Dahl, P.O. Box 1546, Lake Havasu, AZ 96405 AGENT: Khoda B. Ostowari, 6263 East Twin Peak Circle, Anaheim, CA 92807 LOCAT!ON: 801 South Harbor Boulevard Property is 0.62 acre located at the southwest corner of South Street and Harbor Boulevard. To construct a new service station with a 3,103 square foot canopy, a 900 square foot car wash and 270 square foot convenience market with waivers of (a) minimum structural and landscape setback abutting a residentiai zone and (b) required site screening adjacent to residential zones. CONDITIQNAL USE PERMIT RESOLUTION N0. PC98-108 • ~ • • • • ApplicanPs Statement: Khoda Ostowari: Stated he is presant to apply for a conditional use permit for a site at the southwest corner of South Street and Harbor Boulevard for a gas station, car wash and convenience market. Public Testimony: Bob Kuest: Stated he is the senior minister of Anaheim First Christian Church. Their prope~ty surrounds subject property. One church owns both properties !hat are noted as "church" (on the staff report map). He is a member of the Citron Vermont Neighborhood Action Council. He is not speaking for them but he ~ust wanted Commission to know that he is very much involved in that ~ommunity. He has been very ?;iterasted in that corner property and what happens to it. His main concern is the realization that'!~e liquor store is going to remain. The Action Council has had numerous conversations ~~ith the Police Department about the blight that the liquor store has upon the whole community. There use to be a service station on that corner and it closed because there was no business. Since then they have constructed other seroice stations at the corner of Ball and Harbor, one downtown at Anaheim and Broadway is presently in processing. Is this going to be another building that is going to be built and then have to be closed because there is no business for it. THE PUBLIC HEARING WAS CLOSED. ApplicanYs Rebuttal: Khoda Ostowari: Regarding the economic visibility oF the location for the gas station and car wash, that location use to be a gas station and was leased by Union 76. The reason they left the place was that their lease expired. For large companies the margin of profit needs to be miich larger than 4he smaller businesses. For someone like himself it is more feasible to make money from a site such as this one as opposed to a big company. 07-06-98 Page 39 He has tried to comply with the codes and because the site is near to Disneyland, it has to be a good project to be attractive and also have the area neighborhood. That area has been known as the "depressed area of Harbo~'. In his proposal he is providing more than the required trees for screening. He requested two waivers. One has been recommended for approval. The second waiver to a Zoning requirement to put a 6 foot high block wail next to a residential zone. He is requesting the Commission to permit him to put a 3 foot high wall instead. A higher wall would screen and cut lighting to the church property to the west. (He submitted photographs of the properiy next door showing how the wal! will have an impacf on thaf property.j If he were to put a 6 foot wall on top of the retaining wall it would total 9 feet in front of the church which is not a good view for the church. Commissioner Bostwick: Asked Mr. Yalda whether there are any plans to continue the South Street on- ramp in the plans for the freeway? Alfred Yalda: After checking on it he indicated that the on-ramp will be permanently closed. Commissioner Bostwick: Stated most of the gas stations that come before Commission request a larger convenience store that provides additional reve~we. Khoda Ostowari: This is the first he was aware of the position of the church regarding that li,~uor store. If he sees that there is a possibility that the neighborhood is in favor of combining everything together and if Commission and staff are in favor of this then he is going to approach the own~r of the property and see if it is financially feasible for him and return to the Planning Depattment to see what the requirements are so he can combine them together. But at this time he is here for his current proposal. Commissioner Boydstun: Asked if he would like to continue this item to see if he can do anything with the othar piece of property so he could have it altogether7 Khoda Ostowari: Responded he could not do lhat because financial it is not Feasible so he has to get the permit for this proposal. Commissioner Boydstun: Asked what he is going to sell in the mini store? Khoda Ostowari: Yes, small items such as candy bars, cigarettes and soda. Investigator Engle: Asked if the applicant has a major oil company involved in this project at this time? Khoda Ostowari: Responded no. He spoke with a representative from Mobil and 76 Union again. Currently they want to find out what the approval and conditions will be and then negotiate with him. Investigator Engle: Every major oil company that has come before Commission and staff has stated that they will not build a gas station in this town or in this county without off-sale alcohol sales. So he is rather surprised that Chevron or Arco is going to build a small place with a car wash. Khoda Ostowari: No, they are not going to build it. It is going to be his project. Investigator Engle: Stated that subject property is in reporting district 1824 which has a crime rate of 159% above average and the census tract allows for 6 off-sales licenses and there is currently 11 in the tract. Chairman Bristol: Asked the applicant if he understood what the Police Department just stated? Khoda Ostowari: For this conditional use permit that he is applying for now, he is not askirg for any sale of beer and wine. Commissioner Bostwick: Stated Condition No. 36 states that during the business hours of subject facility orovides that unisex restrooms shall be made available to the public. So the appiicant is going to have to revise I~is pions. 07-06-98 Page 40 Khoda Ostowari: He spoke wilh the Planning staff at the Interdepartmental Committee meeting and they are going to close the door from to the outside and the restroom will be next to the cashier area and open from the inside. It is going to be a unisex restroom accessible to everyone. Commissioner Bostwick: Stated it would be accessibie through the store. Commissioner Wiiliams: Stated th~at ihey wili be losing some of their shelving sales area. Khoda Ostowari: Yes, approximately 3 feet in width. [Commission then reviewed the plans together.] Commissioner Bostwick: Stated the restroom will need to comply with ADA requirements which involves the doorways, etc. which will then cut down on some of the space. Khoda Ostowari: Stated he had a concem with Condition No. 10 regarding on-site public pay phone which should be located with the store building. He would like the public phones to be placed outside attached to the building. Chairman Bristol: Stated he is not in favor of that. The applicant is proposing a 24 i~our facility ~vith outside phones. iChoda Ostowari: The phones will be attached to the building. Commissioner Bostwick: Stated it does not matter, they is still a problem. Khoda Ostowari: If it is inside then people come in and use the phone using sales space that they occupy. If it is attached to the outside of the building then it would be better. Commissioner Boshnrick: Responded no. Khoda Ostowari: His other concern was Condition No. 40 the hours of the operation oF the car wash, from 7:00 a.m. to 6:00 p.m. He would like the hours from 7:00 a.m. to 7:00 p.m. because during the summer time it is still day light at 8:00 p.m. so they can still use the car wash, Chairman Bristol: Asked staff their comments regarding the reduction of the 6 foot block wall to 3 feet. Commissioner Boydstun: Stated if the applicant had a 6 foot block wall then he would be blocking the windows of the building next door which is the only light that they receive. With a 6 foot wall they are providing a beautiful 5 feet between the old Auto Club and the wall for illegal activities. It would be better if it was a 3 foot wall and that area was open so it could be seen and if would not be something to hid behind. Asked how Code Enforcement felt about that? Don Yourstone, Senior Code Enforcement Officer: He felt. a 3 foot wall there would be fine. It would reduce the possibility of graffiti. Greg Hastings, Zoning Division Manager: Stated the original intent was behind that was to protect the church from the effects of the car wash itself so that on-site there would a 6 foot high block wall to keep people from disturbing the church, especially in view of the fact that thEre is no landscape setback at that point. Commissioner Boydstun: Asked the church representative his feelings on a 8 foot high block wall there or would they rather have it open? Bob Kuest: Stated if this project is going to be approved then he would prefer no fence. They have a major problem with narcotic activity and a 3 foot wall would not stop it. They have a major problem in their dumpsters. 07-06-98 Page 41 Commissioner Boydstun: Made a suggestion he plant some thomy type bushes in the area. Greg Hastings: Stated they are known as "Natal Plum". Bob Kuest: Stated they had Holly Bushes and they camped under the bushes. Commissioner Boydstun: Stated the Natal Plums are much better. They have long thoms. Bob Kuest: Stated they would be in favor of anything shorter•. Greg Has'ings: He did not think staff would object to that. It was basically to protect the church. This would work as weli. Co~rmissioner Boydstun: Could there be some type of railing installed there in place of a fence so it would be compietely open and no one would hide there? Greg Hastings: Stated Commission can approve whatever they like since this was a waiver that was advertised. A suggestion perhaps would be a wrought iron fence. Commissioner Boydstun: Suggested a pipe railing such as the Hiigenfeld Mortuary located at Broadway and Anaheim Boulevard, where plants could be planted under it and it would be completeiy open and no piace to hide. That would probably be less expensive than the fence. Khoda Ostowari: That would be on the property line and there are plantings in front of the property line. They are installing orer 30 trees plus bushes. Basically you wnuld not see the wrought iron. Commissioner Boydstun: Stated the mortuary she was referring to planted a lot hedge under it that they keep trimmed under it. OPPOSITION: 1 person spoke ~~vith concerns, ACTION: Approved Negative Declaration Approved Waiver of Code Requirement. Approved waiver (a) pertaining to minimum structural and landscaped setback on the basis that there are special circumstances pertaining to surroundings for this property in that ~lthough the adjacent property is residentiaily zoned, the requested waiver is for the car wash tunnel which abuts a non-residential use. In addition, landscape enhancements are being provided in excess of Code requirements to screen the tunnel to the adjacent church use. Approved waiver {b) pertaining to required site screening adjacent to a residential zone on the basis that the 3-foot high wall will provide less exposure to graffiti and prevent a place for transients to hide and that the applicant is proposing extensive and heavier landscape than what Code requires. Granted Conditional Use Permit No. 4043 with tha following changes to conditions: Modified Condition Nos. 14, 36 and 40 to read as foliows: 14. That the proposed landscape planter adjacent to the south side of the property shall have a 3-foot high safety railing installed, painted a dark green color, and that landscaping shall be planted within the same planter area. 36. That during business hours of subject facility, the uni-sex restroom shali be available and accessible to the public through the store. The restroom shall be properly supplied and maintained at all times. 07-06-98 Page 42 , ;. .~+. - .. ,-. 40. That the hours af operation for the car wash shall be Iimited to 7:00 a.m. to 7:00 p.m. daily. VOTE: (5-0, Commissioner Peraza absent and one vacant seat) Seima Mann, Assistant City Attomey, presented the 22-day appeal rights. DISCUSSION TIME: 36 minutes {4:59-5:35) 07-06-98 Page 43 17a. CEQA NEGATIVE DECLARA710N 17b. GENERAL PLAN AMENDMENT N0. 357 17c. RECLASSIFICATION NO 97-98•20 17d. WAIVER OF COUNCIL POLICY NO 542 17e. VNAIVER OF CODE REQUIREMENT 17f. C04DITIONAL USE PERMIT NO 4042 17g. TENTATIVE TftACT MAP NO 15704 17h. REQUEST FOR CITY COUNCIL REVIEW OF 17a 17c 17d.17e 17f and 17a OWNER: Florence P{aza, L.L.C., 550 West "C" Street,l0th Floor, San Diego, CA 92101 AGENT: Williams Lyon Homes, Inc., Attn: Mitchell Bradford, 4490 Von Karman, Newport Beach, CA 92660 LOCA710N: 1203-1245 South Knott Street Property is 4.75 acres located south and west of the southwest corner of Knott Street and Ball Avenue. General Plan Amendment No. 357 - to redesignate this property from the Genera~ Commercial land use designation to the Low-Medium Density Residential land use designation. Reclassification No. 97-98-20 - to reclassify this property from the CL (Commercial, Limited) Zone to the RM- 3000 (Residential, Multiple-Family) Zone. Waiver of City Council Policy No. 542 - sound attenuation in residential projects. Conditlonal llse Permit No. 4042 - to construct a 45-lot (including 4-lettered lots) 41-unit, 2- story, detached residential condominium development with waivers of (a) minimum structural setback abutting a major highway, (b) minimum distance between buildings, (c) minimum private street standards and (d} permitted encroachment in setback area. Tentativa Tract Map No.15704: to establish a 45-lot (including 4-lettered lots) subdivision for the development of a 41-unit, 2-story, detached residential condominium complex. GENERAL PLAN AMENDMENT RESOLUTION N0. RECLASSIFICATION RESOLUTION N0. CONDITIONAL U5E PERMIT RESOLUTION N0. 7-20-98 • •~~ ~ a • • ~ OPPOSITION: None ACTION: Continued subject request to the July 20, 1998 Planning Commission meetiny in order to allow additional time for the petitioner to meet with staff to resolve issues pertaining to site design and the possible elimination of code waivers VOTE: (5-0, Commissioner Peraza absent and one vacant seat) DISCUSSION TIME: This item was not discussed. 07-06-98 Page 44 Submitted by: ~ ~~ ~ Ossie Edmundson Senior Secretary 07-06-98 Page 45