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Minutes-PC 1998/08/31.._ . .: .: _ . ......... _. , , SUMMARY r"~CTIC~N AGEN~~ ClTY OF ANAHEiIV~ PLA~INING GOIVIMISSION MEETIf~G MONDAY, AUGIJST 31, 1998 11:00 A.M. • STAFF UPDATE TO COMMISSIQN OF VARIOUS CITY dEVELOP(VIENTS AND ISSi1ES (AS REQUESTED BY PLA(~NING COMMISSION) • PRELIMINARY PLAN REVIEW 12:45 P.M. • SITE TOUR OF DOWNTOWN COMMUNlTY CENTER 1:30 P.M. • PUBLIC HEARING TESTIMONY COMMISSIONERS PRESENT: BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES, WILLIAMS I ABSENT: NONE STAFF PRESENT: Selma Mann PAary McCloskey Greg Hastings Linda Johnson Judy Kwok Kim Taylor Don Yourstone Alfred Yalda 'i'om Engle Ann Sauvageau Margarita Solorio Ossie Edmundson Assistant City Attorney Deputy Planning Director Zoning Divisio~ Manager Senior Planner Associate Planner Assistant Planner Senior Code Enforcement Officer Principal Transportation Planner Vice Detail Assistant City Clerk Acting PC Support Supervisor Senior Secretary 08-31-98 ~ Page 1 ITEMS OF PUBLIC INTEREST: Oath or Affirmation of Allegiance: New Planning Commissioners - Alden Esping and John Koos. Commissioners Esping and Koos ~vere sworn in by Ann Sauvageau, Assistant City Clerk REPOl2TS ANa RECOMMENDATIONS A. REQUEST FOR DETERMINATION OF CONFORMQNCE WITH THE GENERAL PLAN FOR THE PROPOSED LEASE OF SPACE FOR A~ROUNDWATER TREA7MENT FACIUTY: George Rukas, Engineering Technician Specialist, County of Orange, Public Facilities and Resources Department, 300 N. Fiower Street, Santa Ana, CA 92702-4048, requests determination of conformance with the Anaheim General Plan for leased space to operate a groundwater treatment facility. Property is located at a portion of the Placentia Retarding Basin at Placentia Avenue, south of Orangethorpe Avenue. RCTION: Commissioner Boydstun offered a motion, seconded by Commissioner Williams and ~10TION CARRIED, that the Anaheim City Planning Gommission does hereby determine that the County's proposal to lease property for a groundwater treatment facility is in conformance with the Anaheim Ge.nerai Plan. Determined to be in substantial conformance with the Anaheim General Flan Kim Taylor, Assistant Planning, Planning Department: Stated the Orange County Public Facilities and Resources Department is requesting a determination of conformance with the Anaheim General Plan for leased space, within the Placentia Retarding Basin, to operate a groundwater treatment facility. 08-31-98 Page 2 B. REQUEST FOR DETERM~NQTION OF CONFORMANCE WRH THE GENERAL PLAN FOR TNE PROPOSED SALE OF COUNTY SURPLUS RROPERTY: George Rukas, Engineering Technician Specialist, County of OranQe, Pubiic Facilities and Resources Department, 300 N. Flower Street, Santa Ana, CA 92702-4048, requests determination of conformance with the Anaheim General Plan for the proposed sale of County surplus property. Properry is located east of the easterly of terminus of Frontera Street belween the Riverside Freeway (SR-91) and the Santa Ana River (Parcel No.1601). CTION: Commissioner Bostwick offered a motion, seconded by Commissioner Boydstun and MOTION CARRIED, that the Anaheim City Planning Commission does hereby determine that the County's proposed sale of surplus property for railroad spur purposes is in conformance with the Anaheim General Plan. Determined to be in substantial conformance with the Anahefm General Plan This item was not discussed. C. REQUEST FOR DETERMINATION OF CONFORMANCE WITH THE GENERAL PLAN FOR THE PROPOSED LEASE OF OFFICE SPACE FOR MENTAL HEALTH OUTPATIENT SERVICES FOR CHILDREN: County of Orange Heafth Care Agency (Contractor, Aspen Health Services, Inc.), 309 Civic Center Drive, Santa Ana, CA 92701, requests cJetermination of conformance with the Anaheim General Plan for the proposed lease of office space for Mental Health Outpatient Services for Children. Property is located 221-225 West Cerritos Avenue. ACTION: Commissioner Boydstun offered a motion, seconded by Commissioner Williams and MOTION CARRIED, that the Anaheim City Planning Commission does hereby determine that the County's propusal to lease office space at 221 - 225 West Cerritos Avenue for mental health outpatient services for children is in conformance with the Anaheim General Plan. Determined to be in substantial conformance with the Anaheim General Plan .DOC (Commissioner Bostwick a6stained from voting on this item as he has property near ihe proposed site.J 08-31-98 Page 3 PUBLIC HEARING ITEMS: 2a. E~IVIRONMENTAL IMPACT REPORT NO. 311 (PREV. CERTIFIED) Continued to 2b. VARIANCE NO. 4346 9-14-98 aWNER: Cinderella Motel, Inc., Attn: Ralph Kazarian, Jr., 2416 W. Shaw, Suite 109, Fresno, CA 93711 AGEfVT: Ralph Kazarian, Jr., 2416 W. Shaw, Sulte 109, Fresno, CA 93711 Pamela S. Schmidt, c/o Berger and Norton,1620 26th Street, Suite 200 South, Santa Monica, CA 90404-4040 LOCATION: 1747 South Harbor Boulevard - Gandy Cane inn. Property is 2.84 acres located on the west side of Harbor Bouleverd, 250 feet north of the centerline of Katella Rvenue. Waivers of maximum wall heights in landscape setback area adjacent to Harbor Boulevard, minimum structural setback adjacent to Harbor Boulevard, minimum structural setback adjacent to interior lot lines, and permitted freestanding monument signs, to reconstruct the main entrance driveway and install new landscaping and landscape treatments in the front setback area adjacent to Harbor Boulevard, including the construction of a combination solid masonry wall/wrought iron fence with decorative pilasters, a decorative fountain, two ponds, and a new monument-type sign, in conjunction with an existing hotel. Continued from the Commission meeting ofAugust 17,1998. VARIANCE RESOLUTION NQ. OPPOSITION: None ACTION: Continued subject request to the September 14,1998 Planning Commission meeting in order to give more time for the applicant to submit revised plans. VOTE: 7-0 DISCUSSION TIME: This item was not discussed. 08-31-98 Page 4 ~, . --- .: 3b. VARIANCE NO. 4341 ~ Withdrawn OWNER: Chevron Products Company, Attn: Mario Bavtista,13Q0 South Beach Bivd., La Habra, CA 90632 AGENT: RFA, Inc., Attn: Rich Stark, 2050 South Santa Cruz, Suite 2100, Anaheim, CA 92805 LOCATION: 1801 South 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 monumeni signs. ' Continued from the Commission meetings of June 22, July 8, and August 3, 1998, ~ VARIANCE RESOLUTION N0. SR7206DH.DOC ~ • • • • • This item was not discussed. OPPOSITION: None ACTION: Commissioner Boydstun offered a motian, seconded by Commissioner Napoles and MOTION CARRIE~, that the Anaheim City Planning Commission does hereby accept the petitioner's request for withdrawal of Variance No. 4341. VOTc: 7-0 DISCUSSION TIME: 1 minute (1:44-1:45) OS-31-98 Page 5 4a. ENV'!RONMENTAL IMPACT REPORT NO. 313 (PREV.-CERTiFiED) Continued to 4b. ANAHEIM RESORT SPECIFIC PLAN NO. 92-2 9-28-98 AMENDMENT N0. 2 OWNER: Chevron Products Company, Attn: Mario Bautista,1300 S. Beach Bivd., La Habra, CA 90631 AGENT: RFI Inc., 2058 S. Santa Cruz, #'2100, Anaheim, CA 92805 LOCATION: The approximate 555-acre Anaheim Resort Specific Plan area is generally located adjacent to and southwest of Interstate 5 between Bail Road and Orangewood Avenue and is accessible from Harbor Boulevard, Ball Road, Freedman Way/Disney Way, Katella Avenue, West StreeU Disneyland Drive, Orangewood Avenue, Haster Street/Anaheim Boulevard and Walnut Street. Proposai to amend the Anaheim Resort Specific Plan Zoning and ~~velopment Standards (Section 18.48.070.050 of Chapter 18.48 of the ~,aheim Municipal Code) to add "Coffee House" as a Conditionally PErrnitted accessory use in conjunction with an automobile service s!ation. CONDITIONAL USE PERi,'IT RESOLUTION N0. SPECIFIC PLAN AMENDMENT RESOLUTION N0. • FOCLOWING IS A SUMMARY OF THE PCAN NG CQMMISSION ACTION. i ' Linda Johns4n, Senior Planner: Stated this is a request to amend the Anal~eim Resort Specific Plan Zoning and Development Sfandards, to add "coffee house" as a conditionGliy permitted accessory use in conjunction with an automobile service station. Currently an appiicant may apply for an automobile servicP station subject to the approval of a conditional use permit and the only accessory use is a tow truck facility. The applicant submitted a letter which is attached to the staff report justifying their request and providing a list of potential items that they wouid sell at the coffee houc:;. Also as an attachment to the letter from the app~icant is a potentiai site plan in the event that this code am2ndment is adopted. The applicant has indic2ted they wish to apply for a conditional use permit at their Chevron site, which is located at the southwest corner of Harbor and Katella. Staff has reviewed the materials submitted by the applicant and has a number of concerns and are recommending denial of the proposed request. Staff's concerns relate to a number of items, which are mentioned in the staff report. First of all the Anaheim Resort Specific Plan is in;ended to provide for uses which will create a high quality resor~ environment and all of these uses were carefully reviewed when staff processed the specific plans back in 1994. One of the uses that was specifically prohibited in the specific plan was convenience markets. Currently, there are 3 existing legal non-conforming convenience markets with gas stations In the Anah~im Resort Area. Sta~f did take note of those uses when they were processing the specific plan and did believe that tney would ultimately create the resort environment that they were looking for, therefore, ihey specifically recommend that they be prohibited and the Commission and the Council ~t the time both did agree. 08-31-98 Page 6 Staff believes that the list of proposed merchandise that the applicant intends to sell in the coffee house is the same type of inerchandise as a convenience market. Therefore, they are very uncomfortable with that list and with the notion of having a high pedestrian use such as a coffee house in conjunction with a service station. Another cancem is that service station sites tend to be smaller. When they take a look at the uitimate right-of-way plus all of the setbacks that arP now called for in the specific plan, they believe those sites even become smaller in terms of the availability of the on-site circulation area. The site itself is a concern for them. In reviewing the applicanPs submitted site plan, there were a number of concerns relative to that site plan which supported their beliefs. Once the required setbacks and dedication were shown, there was Iittie room for the required number of parking spaces as well as the on-site circulation around the gas pumps. Staff is recommending denial of this request. If Commission were to approve ihis request, it would be a recommendation to the City Council and the City Council would still need to hold a notice of public hearing on it as well. If Council were to adopt, it then after the code amendment was effective, the applicant could submit an application for a conditional use permit. If Commission approves this request the findings listed on page 4 and 5 of the staff report would need to be refined. Commission would have to specifically flnd that the proposed standard would enhance the specific plan area, that the standard was consistent with the goals and policy of the general plan, and that the use would result in development of desirable a character which would be compatible with existing proposed development and that the use contributes to a balance of land use. Finally, Commission wouid need to find that the specific plan is amended with respect to environmental and aesthetic resources consistent with economic realties. ApplicanYs Statement: Donna Chessen, senior partner of Chessen and Associates Inc. (a government relations consulting firm), 8731 Summerset, Buena Park, CA: Stated they are a consultant for Chevron Products. They want to make it clear that they intend to keep all items in the coffee house "coffee related" and are very willing to work with staif to that end. They realize how important this specific station is in the Anaheim Resort Area and therefore they want to treat it as a very special station in the City of Anaheim. In their original submittal to staff for this amendment, they submitted project plans, however, they have not updated those plans because they believe the intent of this proceeding is to amend the Code and not for a site-specific presentation. They are aslcing for the Commission's approval to recommend the amendment to the Code of the An~heim Resort Saecific Plan and to direct the staff to work with them to develep a high quality project that meets the inteni and the sprit of the Anaheim Resort Specific Plan. Their presentation will demonstrate clearly that it enhances the intent of the plan and the spirit of the plan and it maximizes tax revenue generated to the City of Anaheim, resulting in a"win win" situation for the City of Anaheim and Chevron Products. Ted Grove, RFA Inc., 2050 S. Santa Cruz Street; Anaheim, CA Stated he is an architectural and engineering consultant for Chevron Products Gompany. His presentation will covered three basic topics regarding this request: '~asons whv this text amendment should be added to the Anaheim Resort Soecific Plan In order to do th~s you need to look at the Code Section permitting service stations (Specific Plan Section station t,~~ e uses through a conditional use permit). Subsection A of the code section permits only one additional use in conjunction with service stations, which is a tow truck operation and a car storage facility. The gasoline retail industry has made tremendous changes since the Anaheim Resort Specific Plan was adopted in 1994. Gasoline service stations are no longer a place where you get your car repaired or where the local tow truck operator is located. This type of use is becoming a thing of the past. Gasoline service stations of today are now gasoline fueling facilities where speed, convenience, clea~liness, overall site aesthetics and safety are qualities that customers are attracted to. (;ustomers ar~ looking for facilities where they can pay at the pump with their credit card or ATM card, with convenience of an additional retail offering at that same fa~ility. 08-31-98 Page 7 The offering of a coffee house 1n conjunction with a gasoline fueling facility will provide a convenient retail offering to gasoline fueling customers and vacationers staying in the Mahelm Resort Area as weli. It will also meet the fntent of the Anaheim Resort Specific Plan and the goals and policies of the General Plan. The facility that they are proposing fs a facility that is similar to coffee house chains as Starbuck's Coffee, Diedrich's Coffee, and Seattle's Best Coffee. These facilities offer items such as fresh brewed coffee, espresso and cappuccino, fresh squeezed juice and soda drinks, bag~l, pastries, deli sandwiches, coffee and brand name related products, etc. A coffee house is not a convenience market but rather an upscale inviting destination that appeals to both local and international clientele. The project that Chevron is proposing is very different from a convenience market. This is something new that has never been done before and they want to make it a special part of the Anaheim Resort Plan. Outline how a coffee house use in coniunction with a aasoiine fuelina facility meets the intent of the Anaheim Resort Specific Plan and the goals and oolicies of the City's General Plan This use is compatible with other permitted accessory uses within the Anaheim Specific Plan area defined in Section 7.0 of the Specific Plan, the Zoning and Development Standards. A coffee house establishment works well near hotels and restaurants. People often look for coffee houses while walking from their hotel rooms to Disneyland or the Convention Center or possibly after eating dinner at one of the nearby restaurants. Gasoline fueling facilities are a necessity for many vacationers. Keeping a gasoline fueling facility in the Anaheim Resort Area ensures that the vacationers can get the gas they need without having to leave the Anaheim Resort Area. This use also meets the requirements set forth in Section 3.0, the Land Use Plan section of the Anaheim Resort Specific Plan. Section 3.3.1, Basic Land Uses states, "Visitors to the Anaheim Resort require many types of goods and services in order to make their visit safe, convenient and enjoyable". This coffae house use will add a convenient and enjoyable retail service that is currently not provided for under the Specific Plan. Section 3.3.1 further states, "those uses which are consistent with the overall intent of the plan but wl~i~h may require special consideration in order to assure compatibility with surrounding uses will require conditional use permits ". If the specific plan is amended, coffee house uses in con~unction with service stations will require a conditional use permit. This will ensure that staff and the Planning Commission have the ability to oversee the development to ensure it is compatible with surrounding uses and other code requirements. The use, when properly develooed, can also meet the intent of Section 3.3.4, Development Standards which governs developments in the central core area. The Chevron station is located in the central cou~t area. This sectian states, "Pedestrian use is greatest in this area. Central core development standards will encourage people to leave their cars and walk, Uses in the central core will have stronger visual impres~ion on the large number of vehicles that pass through it each day." They propose a coffee shop which wiil promote pedestrian activity. This type of development can incorporate outdoor seating for people, drinking coffee, talking and even reading a book. The development can incorporate enhanced building architecture and landscaping to provide a strong visual impression required of developments in the central core. This coffee house use can be developed in conjunction with a retail fueling facility which does meet the intent of the land use plan section of the Anaheim Resort Specific Plan. Section 6.2.1 defines goals and policies for commercial areas in the Anaheim Resort Specific Plan. The following are the goals: Ta meet the continuing needs and demands of the community for commercial goods and services at well safe and convenient locations within the community. Increase sales tax yields and further enhance the economic base of the community, thereby, lessening the tax burden on real properry. Maintain and enhance the position of the community as a nationally recognized tourist center. The coffee house use w~ll be a convenient and popular retail service with a local and international appeal which is currently not permitted under the specific plan. Through the City's CUP process it will be ensured that the coffee house use in conjunction with the gas station will be developed at a well 08-31-98 Page 8 designated, safe and convenient location withfn the City. Permitting the coffee house use as a retail offering in conJunction with gasoline service stations will increase tax revenue for the City generated by gas stations. Currently the City receives tax revenue from the sale of gasoline only. Adding this coffee house use will help to maintsin the image of the area as nationally recognized tourist center by providing a facility that is unique to the area and one that is convenient, safe and enjoyable to tourists saying in the Anaheim Resort Area. E~lain how Chevron's s~ecific site develooment wiil meet the intent of the desian standards outlmed in the Anaheim Resort Soecific Plan New developments are governed by Sections 5.0, the Design Plan and Section 7.0, the Zoning and Development Standards in Anaheim Resort Specific Plan. With their submittal they included plans that were very conceptual in design for the new development as well as a list of potential items to be sold in the new facility. These plans submitted are not intended to be final design plans for this development. In fact, Chevron has developed several additional conceptual designs in addition to those submitted with the application. Due to the recent Ciry's condemnation of a significant portion of Chevrons property, it now may be difficuit for Chevron to exactly meet the Zoning and Development Standards. However, Chevron is committed to doing everything possibie with this development to ensure the design objectives of the Specific Plan are maintained. Three principal design objectives are outlined in Section 5.1 of the specific plan. 1. The objectives are to creaie visual continuity between the Specific Plan Area and the adjacent Disneyla~d Resort Specific Plan Area. 2. To create a high quality visually appealiny pedestrian oriented environment. 3. Create landscape and design standards and regulations to re-enforce the area's identity. They urge the Planning Commission to approve this text amendment, thereby, giving the City staff and Chevron specific direr,tion to move forward and to work on preparing specific site plans, building plans, building elevations and landscape plans that meet the intent of the three principal design plan objectives while complying with the specific requirements of Section 7.Q, Zoning and Development Standards as best possible for this site. Once these specific development plans have been finalized they will be presented to the Planning Commission for approval through the CUP process. Cnevron is convinced that this project incorporating a coffee house in conjunction with a Chevron gasoline fueling facility can be developed in such a manner to make both the City of Anaheim anc! Chevron Products Company proud. Tracey Meronyk, Chevron Products Company, 1300 Beach Blvd., La Habra, CA: Stated Chevron has operated auto service bay business at this property since 1955. Recent condemnation action along Harbor and Katella Avenue has forced them to redevelop. Approximately 4300 square feet has been taken. Two of their four driveways were removed. They are now sharing a driveway ~vith their neighbors which they believe is going to reduce the on-site traffic flow as we!I as highlight those areas that traffic is going to be flowing in and out of. The global market is changing for oil companies. Auto service bays are becoming outdated as an additional revenue source. The Pep Boys and Jiffy Lubes are becoming more popular for people to take their cars. Automobiles are abie to go to 100,000 miles before their first tune- up. Therefore, most service station are getting out oF auto service bay business. They believe the proposed coffee house would c~enerate additional revenue. 7he average Starbuck's Coffee does an average of $80,000 a month. When Chevron submitted th~ir merchandise list, it was in a draft form and if this amendment is recommended then they are lookiny forward to working with staff to come up with a workable plan. They are proposing a coffee house and not a convenience market with beer, wine nor tobacco products. As a company they strive to be known as representing high quality products and they believe they set high standards for themselves just as Anaheim has done with the Anaheim Resort Specific Plan. They fully intend to meet the intent of the Resort Specific Plan. They are asking that the Commission recomm~nd to the City Council to amend the Anaheim Resort Specific Plan to include a coffee house in conjuriction with service station use. 08-31-98 Page 9 THE PUBLIC HEARING WAS CLOSED. Commissioner Boydstun: She feels the concept is a good i~ea but the list of proposed items is a mini market as far as she is concemed. Donna Chessen: The first submittal was strictly an early draft submittal and they have no intention of selling any products that are convenience market related. All the products sold in the coffee house will be coffee ';ouse related items similar to other coffee houses such as Starbuck's and Diedrich's. Commissioner Asping: Asked what she considers coffee related items7 Donna Chessen: They have not gone any further with staff until this code becomes amended. The items are such as coffee beans, bakery goods, lattes, expressos, cappuccinos, etc. Commissioner Koos: They indicated that this (gas station/coffee house) has not been tried elsewhere, so they do not know whether this would generate the type of success they anticipate. Donna Chessen: He is right. They came up with this unique idea based on the uniqueness of this corner, realizing that this is a very special corner for the City of Anaheim. They wanted to make it an upscaie project rather than just bays and towing that is not very attractive. Most service stations now sell some type of food items and they are naturally hoping for a great success. Tracey Meronyk: Chevron does have other offerings, home meal replacement type facilities. It is another type of thing that Chevron is doing as well. They have expe~tise in-house that would be fully capable of operating this sort of facility. Commissioner Koos: Asked, the fact that there are only two ingres~/egress points from the street for the cars and one of the two are their pedestrian access points, is this not as a potential safety issue? Tracey Meronyk: They have proposed to have a raised walkway across the driveways, an extension of the sidewalk to highlight to cars that it is a pedestrian walkway, as well as providing pavers along the side of the street to access from the sidewalk directly into the coffee house so pedestrians would not even have to walk onto the driveway at all. Chairman Bristol: Staff would like them to be more specific for the use of this site. This issue is whether a coffee house is a good use in this area and it currently appears that this is more of a convenience market. Commissioner Bostwick: There are two issues. There is a request to amend the specific plan. Their plans for this development need to return as a CUP at a later time. What they are looking at is no: how they have designed it. They have given Commission a concept which is fine but that is not what they are dealing with today. They are simply dealing with the amendment of the specific plan and whether it is a good idea to put a coffee house in with a service slation or some other type of related use. They all realize that the service station business has changed. They have not approved a plain service station in the City of Anaheim for the last 4 to 5 years. They have all had some type of additional services, because gasoline by itself does not generate the necessary revenue. This offers something unique to the area that they have not seen before and since they are trying to create a unique environment within the Anaheim Resort Area, he felt this is appropriate. How it is designed will come later. He felt a continuance would be appropriate so an ordinance could be prepared for Commission to review. Mary McCloskey, Deputy Planning Director: Staff felt, with the information submitted by the applicant, that it demonstrated some of their serious concerns about having a coffee house in a g3soline station. A coffee house has been provided for in conjunction with a specialty retail center, restaurant or a hotel project. So they have laid the groundwork for a coffee house within a number of facilities throughout the resort which are probably more conducive, regarding safety with vehicular and pedestrian traffic issues. The reason they went into the discussior~ of the site plan is because they felt that it did demonstrate their 08-31-96 Page 10 basic underlining concerns. For instance, when the aesthetics are viewed in a pedestrian oriented environment, staff did not feei that having outdoor seating for having coffee next to gasoline pumps was very conducive to the type of environment that they wsre trying to achieve. In the central core they did buiid in standards for outdoor cafes but those are areas dedicated to the pedestrian use that does not have any sort of vehicular movements that might create safety problems. Harbor and Katelia are probably some of the busiest traveled arterials in the county and one of the highest pedestrian areas - the heart of the Maheim Resort district. Staff has some serious safery concerns regarding the two conflicting uses. Commissioner Bostwick: He understands staff's concerns and those issues do need to be addressed but he felt the proposed use would be a good service to the surrounding community. He feels it can be worked out and feels it needs to be examined, Mary McCloskey: They reviewed the gas station sites within the resort area and they are all constrained and they will be further constrained when the roadway and landscape improvements are completed. Another consideration would be the need for additio~al parking spaces and that parking would have to come at the cost of the landscaping. Staff is also concerned that if this use is approved, it could set a precedence for other gasoline service stations within the resort. Commissioner Boydstun: An ordinance could be state specifically in what could and could not bE allowed. If the landscaping was buffered and raise up so it was not convenient to walk over, it would force people to go down to Qhe sites where the sidewalks were. Commissioner Asping: With the amount of business that Chevron does in terms of its gasoline trade with only six parking stalls and 1 handicap parking space, he could not s~a how that would be sufficient. Donna Chessen: That was in the original plan. They now are able to accommodate 11 parking stalls. This hearing today is for the amendment to the code to allow coffee houses. They are not site specific at this time. When the site-specific plans are worked out, they are going to work through the conditional use permit process to come comply with the conditions. She did not feel that this is a bad presence to set. If the gasoline stations in Anaheim instead of having bays and tow trucks had attractive architecture and landscaping, it would be a great precedence to set. Commissioner Bostwick: Asked Selma Mann if the best approach would be to continue this item and have an ordinance gets drafted for Commission to review? Mary McCloskey: In as much as staff does not know what uses the petitioner wants to have in there, it would be hard for staff to draft an ordinance. She felt staff would have to have a submittal from the applicant to tell them mare precisely what they envision. Chairman Bristol: Suggested to Donna Chessen that they draft an ordinance. Linda Johnson, Senior Planner: Staff does not support this use and they do not believe it is consistent with the Specific Plan for the reason o~tlined in the staff report and they do believe it is provided for in the specific plan and other uses. It really is a standard retail use (convenience market). At this time staff would recommend that the Commission provide a recommendation on this to City Council, as their position is stili the same. Commissioner Williams: Asked staff what secondary use would they propose for this site? Linda Johnson: A gasoline station is something that can be applied for with a conditional use permit. This particular site configuration is what it is called a legal non-conforming site since it dues not comply with today's standards. It could remain. The accessory uses that are in the specific plan in terms of what can be added to a service station - a car wash, tow truck facilir~r require a conditional use permit but they have to be able to fit on the site. 08-31-98 Page 11 Commissioner Bostwfck: Asked staff about the ultimate right-of-way? Linda Johnson: The ultimate right-of-way includes an 8 foot parkway next to the stregt and an 8 foot sidewalk. Those are being funded and instailed at the present time. The ultimate rlght-of-way also includes an additionai 8-foot wide parkway on both Harbor and Katella. There is a plan for landscaping there. If the building on the property was to be demolished and rebuilt, they would be required to offer for dedication that back 8 feet and improve it with landscape. There is also a speciai landscape intersection designation for the site as well, so they would have to comply with that. In addition to that, all of the setbacks would be measured from the ultimate right-of-way. Any deviation of setbacks for new development would set an undesirable precedence as they are having a number of inquires for changes to properties as well as site pians that are being filed for new hotels. She felt they need to be consistent with the requirements if they are going to get the resort environment that they desire. This is the most critical corner in the Anaheim Resort. No waivers or setbacks have been approved. Mary McCloskey: They have had requests for landscape setback but there have not been any approved landscape setback waivers in the reso~t area because it is so critical to the overall environment and the landscaping that they are trying to create in that area. Commissioner Boydstun: Asked if this pfan would need a waiver? Mary McCloskey: Yes, it needs several waivers. Gommissioner Bostwick: Offered a motion that the previously-certified Environmental Impact Report No. 313 would adequately serve as the environmental documentation for this subject request, seconded by Commissioner Napoles. Motion was carried. Commissioner Bostwick: Offered a continuance to Saptember 28,1998 meeting for a preparation of an ordinance for Planning Commission's consideration for the addition of a coffee house to the Anaheim Resort Specific Plan Zoning and Development Standards, seconded by Commissioner Napoles and motion was carried. Mary McCloskey: Asked for a clarification. Staff is not supporting that type of use and does not feel that they wili be bringing forward to Commission the information that the petitioner would like to have in their ordinance. The petitioner will be submitting information to staff that they wi11 incorporate into an ordinance because it is the petitioner's request to amend the code to permit a coffee house. So how do they define coffee house and what do they need to have encompassing a coffee house? That is the ordinance that Commission will see come fonnrard to them. It would be an ordinance that represents what they have provided to them as their need. OPPOSITION: Nane ACTION: Continued subject request to the September 28,1998 Planning Gommission meeting in order for the applicant to submit specific information relative to their request for the addition of a coffee house to the Anaheim Resort Specific Plan Zoning and Development Standards. Said information sFia!I be submitted to staff by September 14, 1998 for preparation of a draft ordinance for consideration by the Planning Commission. VOTE: 7-0 DISCUSSION TIME: 51 minutes (1:45-2:36) OS-31-98 Page 12 5b. ~;ONDITIONAL USE PERMIT NO. 4046 (READVERTISED) Denied 5c. DETERMINATION OF PUBLIC CONVENIENCE Denied OR NECESSITY NO. 98-04 OWN~R: Yong Sub Kim and Kum Hee Kim,1000 W. Lincoln Ave., Anaheim, CA 92805 AGENT: Rick 31ake and Associates, 2700 N. Main Street, #1000, Santa Ana, CA 92705 LOCATlON: 1000 West Lincoln Avenue - Thomas Liquor. Property is 0.37 acre located at the southwest corner of Lincoln Avenue and Illinois Street. Conditional Use Permit Nu. 4046 - to permit and retain an existing 2,400 square fuot convenience market in conjunction with a request to p?rmit retail sales of alcoholic beverages for off-premises consumption (currently permitted for retail sales of beer and wine for off-premises consumption). Determination of Public Convenience or Necessity No. 98-04 - request a determination of public convenience or necessity to upgrade an existing Type 20 (eff-sale beer and wine) Alcoholic Beverage Control (ABC) license to a Type 21 (off-sale general) ABC license to permit retail sales of alcoholic beverages in a convenience market. Continued from the Commission meeting of August 3,1998. CONDITIONAL USE PERMIT RESOL!.~TION N0. PC98-935 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY RESOLUTIUN NO. PC98-136 SR6893DS.DOC • • ~ • • o • Chairman Dristol: Stated, for the record, a letter was received this morning from a property owner that preferred io remain anonymous. ApplicanYs Statement: Rick Blake, an attorney, 2700 N. Main Street, Santa Ana. CA: Stated he is representing the applicant, who is present in the audience. The location is presently operating as s sm~.ll market on Lincoln Avenue. There is some concern that the Anaheim ~Jnion High School is nearby and there appears to be another liquor store in this area. This location currently sells besr and wine and has done so for a number of years. It sells other products as well and typica!ly operates as a convanience store. Staff does report that there are two stores in that census tract that have off-premises sales privileges. They are asking to add the ability to sell alcoholic beverages to an existing license. Currently the premises I~as no conditions other than the State statutes that yovern the sale of alcoholic beverages. Staff has recommended 24 conditions to be imposed that are very significant. The applicant has had a large amount of requests from the community to add alcoholic beverages to his sale items. The market services a large number of pedestrian customers. The ~nly two conditions that are objectionable are Condition Nos. 16 and 17. Condition No.17 would restrict sales from 7:00 a.m. to 11:00 p.m. Those are the hours that are intended, however, in the event 08-31-98 Page 13 that he would Uke to open at 6:00 a.m. for moming business and perhaps stay open until 12:00. The applicant is asking that the hours be modified. Condition No.16 limits the minimum quantities that can be sold. The applicant finds that it would probably be detrimental to his existing business. All the other conditions are acceptable. There has not been any conflict created with the school. They believe that the granting of this permit would correct some conditions that the City is looking to have corrected, would restrict the operation significantly, wouid not add an additional license and would serve public convenience and necessity. Public Testimony: Lyman Burgmeier, 4547 Everest Circle, Cypress, CA: Stated he owns apartment buildings on Illinois Street, just south of the property. He is speaking against it primarily because there is already a problem with transients that probably buy their liquor there and go into the alley behind the apartments. The Police DepaRment has indicated that this is a high crime rate area. The business is very close to the high school. ApplicanYs Rebuttal: Rick Blake: The applicant does try to maintain order and keep people from loitering around his store. The propased conditions would impose a restriction on his license that he could not permit the consumption of alcoholic beverages on any part of the property under his control. They are not aware of trans~ents or people acquiring alcoholic beverages on their location, then consuming it in the alley. Their clientele is not a transient type of clientele, they are community people. The high school is not a problem. They feel the addition of alcoholic beverages is not going to impact the area. THE PUBLIC HEARING WAS CLOSED. Investigator Tom Engle, Vice Detail, Police Department: On July 11,1998 they performed a decoy program at that location and beer was sold to a minor. The clerk was cited at thet time. There is some indication that there is problem at that location to sell to persons under age. That is of particular interest due to the high school across the street. The Chief of Police spoke to him and expressed his concern with the proximity of the business to the high school and is not in favor of the granting of an off-sale general liquor license. He does not want them near high schools, day care centers, etc. The Chief of Police said he is not going to recommend any typa of approval nor would he supQnrt one. This is a high crime rate area. Part of that crime are the transients in the alley behind those apartments and the car wash in the area and other places. This location is also a Hanshaw location. Chairman Bristol: Asked about the boundary to the census tract, 30% over the average crime rate and 203 with the next census tractl Investigator Engle: It is on Illinois. On the east side is thE high crime and Illinois is the boundary to the census tract to the west which is high crime but not as high as they normally find. It changes within 20 feet. OPPOSITION: 1 person spoke in opposition ACTION: Approved Negative Declarakion Cenied Conditional Use Permit No. 4046 besed on the following: (1 j That approva! of this request couid adversely affect the adjoir.ing land uses (predominantly residential to the south) and the growth and deve;~pment of the area in which it is located. 08-31-98 Page 14 „,. ;,, ..... .. .,_. . _ ~ (2) That the property (s lacated within a reportfng district that has a 30% above- average crime rate. (3) That this property is also located appror,imately 500 feet from another liquor store and within the fmmediate vicinity of Anaheim High School. In addition, a residential neiflhborhood exists to the south of this property. (4) That the Anaheim Union High School District opposes this request due to the potential negative effects of liquor sales in ciose proximity to Anaheim High School. Denied Determination of Public Convenience or Necessity No. 98-04 based an the foilowing: (1) That subject property is located within Reporting District 1723 which has a crime rate 30% above the City average, and immediately adjacent to Reporting District No.1724 which has a crime rate 203% above the City averac~e. (2) ~1 liquor store currently exists approximately 500 feet to the west of this property. (3) That the petitioner did no4 demonstrate that this request would serve to benefit the public in terms of convenience or necessity. VOTE: 7-0 Selma Mann, Assistant City Attorney, presented the 22-day appeal riohts. DISCUSSION TIME: 15 minutes (2:37-2;52) 08-31-98 Page 15 6b. WAIVER OF CODE RE~UIREMENT Withdrawn 6c. CONDITIONAL USE PERMIT NO. 4039 OWNER: Foundry Investments, 2601 Ma(n Street, #510, Irvine, Ca 92614 AGENT: Rfchard DeSantis, 2300 East Winston Road, Anaheim, CA 92806 LOCATIOId: 2300 East Winston Road. Property is 11.2 acres located cn the south side of Winston Road, 200 feet west of Simpson Circle. Ta permit large equipment storage, including tractors, trailers, and dump trucks, in conjunction with an existing horse ranchfboarding facility 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 locai street. Continued from the Commission meeting of July 6,1998. CONDITIONAL USE PERMIT RESOLUTION N0. SR72U1 KB. • o • • e e This item was not discussed. OPPOSITION: None ACTION: Commissioner Boydstun offered a motion, seconded by Commissioner Bosbn!ick and MOTION CARRIED, that the Anaheim City Planning Ccmmission docs hereby accept the petitioner's request for withdrawal of Conditional Use Permit No. 4039. VOTE: 7-0 DISCUSSION TIME; 1 minut2 (2:52-2:53) 08-31-98 Page 16 7a. CEGlA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) Approved 7b. CONDITIONAL USE PERMIT N0. 3935 (READVERTISED) Approved reinstatement for 1 7c. REQlIEST F012 RETROACTIVE TIME EXTENSION y~, Approved (To expire 7-21-99) OWNER: M1M Invesco, Inc., 6732 Westminster Bivd., Westminster, CA 92683 AGENT: Victor Patel, 24351 ~te De Gauguin, Laguna Niguel, CA 92677 LOCATION: 1125 North Magnolia Avenue. Property is 1.5 acres located on the rvGSt side of Magnolia Avenue, 280 feet north of the centerline of La Palma Avenue. To consider reinstatement of this permit which currently has a time limitation to retain a restaurant/banq~~et hall with sales of alcoholic beverages for on-premises consump!lon. To consider a request for a retroactive time extension to comply with conditions of approval. Originally approved on July 21,1997, to expire July 21, i998. CONDITlONAL USE PERMIT RESOLUTION NO. PC98-137 OC '' FOLLOWING'1S A SUMMARY OF:7'HE PLANNING COMMISSION ACTION: :~' THE PUBLIC HEARING WAS CLOSED. Judy Kwok, Associate Rlanner: Recommended page 5 of the staff report, paragraph 16(b), Condition No. 23 be amended to read, that this conditional use permit shall expire two (2) years from the date of thi$ resolution (PC98-137), on July 21, 1999." OPPOSITION: ~lone AGTION: Determined that the previously approved neyative declaration is adequate to serve as the required environmental documentation for subject requeG!. Approved reinstatement of Conditional Use Permit No. 3935 for one (1) year, to expire July 21,1999. Modified Condition No. 23 of PC97-92 to read as follows: "23. That this conditional use permit shall expire lwo (2) years from the date of this resolution, on July 21, 1993:' Commissioner Bostwick offered a motion, seconded by Commissioner Boydstun and MOTION CARRIED, that the Anaheim City Pianning Commission does hereby approve a retroactive time extension for Conditional us~ Permit No. 3935 to comply with conditions of approval, to expire on July 21, 1999, based on the following: That this is the first request for an extension of time for Conditional Use Permit No. 3935. 2. That the proposed restauranUbanquet facility is consistent with the General 0831-98 Pa~e 17 l`" i`~' .. Cammercial ~eneral Plan Land Use pesignation for this site. ` 3. That there have been no Code amendments since the granting of Conditional Use Ferm(t No. 3935 which affect this property, nor has th~s request been modified to include oth~r Code waivers. 4. That there are no outstending complaints or Code violations at this property. VOTE: 7-0 Selma Mann, Assfstant City Attomey, presented the 22-day appeal rights. DISCUSSION TiME: 1 minute (2:53-2:54) 08-31-98 Page 1 S 8b. CONDITIONAL USE PERMIT N0. 3608 (READVERTISED) ~ Approved reinstatement for OWNER: Pick Your Part,1301 E. Orangewood Avenue, Artaheim, 10 years CA 92805 (To expire 11-9-08) LOCATION: 1235 South Beach Boulevard - Pick Your Part. Property is 4.5 acres located on the west side of Beach Boulevard, 330 feet south on the centerline of Ball Road. To consider reinstatement of this permit which currently has a time limitation to retain an automobile fluid drainage facility and used automobile sales in conjunction with an automobile dismantling and recycling facility on the adjacent parcel to the south (in the Ciry of Stanton). Originally approved on November 9, 1993, to expire November 9,1999. CONDITIONAL USE PERMIT RESOLUTlON N0. PC98•138 `: FOLLOWING IS A SUMMARY,OF.T.HE. PLANNING COMMISSION AGTION.' ' I Applicant's Statement: Cindy Galfin, vice president of Pick Your Part Auto Recycling, 1301 E. Orangewood Avenue, Anaheim, CA: Pick Your Part currently operates a state of the art auto recycling facility on Beach F3oulevard. The dismantling and recycling portions of the project take place on the Stanton side of the property, while the parking lot fluid drainage building and the automobile sales storage occurs on the Anaheim portion of the property. During the past five years Pick Your Part tias lived up to their commitment to be an asset to the surrounding community. They have had no complaints with their neighbors. They have received the Anaheim Beautiful Award and a letter of accommodation from the City of Stanton. In addition to providing a well needed service to the community, Pick Your Part has excelled in their involvement in cleaning up the environment. They are currently one of the largest contractors with the South Coast Air Quality Management District. They remove and sell the parts but destroy the engines thereby cleaning up the air. Regarding item 2(a), page 4 of the staff report, staff has recommended a 6-year conditional use permit. Pick Your Part has come to an agreement with the City of Stanton and would like to permits for both c?ties to run concu~ rently. They currently have 5 years left under the development agreement with the City of Stanton, however, the extension requires a public review process which they will be going through shortly. Staff is recommending and they are amending the development agreement to add 2 additional 5-year extensions that would be automatic unless they were in default of the terms and conditions of their development agreement. Therefore, thosa permits would expire in September 2013. What she is requesting from the City of Anaheim is a 10-year extension, which would expire in August 2008, The Commission w~uld actually be approving an additional 9 years since their permit does not technically expire until November 1999. The facility is landscaped, as approved. She has final plans that were submitted after all the hearings took place, in November 1993. There were numerous hearings and changes to the plans based on community input and City Council approval. One of the most significant changes was the placement of the block wall, 5 feet from the property line. When this change was made the landscaping was moved from the interior oF the facility to the exterior so that the mobile home park residents would derive the greatest benefit. They also had approval and the City of Anaheim had come out before the certificate of occupancy was issued and signed off on the project. THE PUBLIC HEARING WAS CLOSED. OS-31-98 Page 19 Chairman Bristol: He vis(ted the site yesterday and described the activity he observed. Asked about the uniformed security guards? Cinay Galfin: There are in-house uniform security guards in t; ~e exit and entry booths that also control the parking lo;. Th~y aiso have an outside security seroice and they patrol the facility at different times and in the evening and patrol the s~rrounding community. They do enforce the "no repairs" in the parking lot. Code Enforcement comes out to their facility en a r,~onthly basis. Commissioner Bostwiclc: Asked why no. 20, page 5, was in lhe staff report. Judy Kwok, Assaciato Planner: On a site inspection conducted by the staff planner it was discovered that there was a 5-foot landscape F'anter that was originally prcposed along the wesi property line on the east side of the proposed block wall. it is a 5-foot planter that was proposed with some shrubs, groundcover and clinging vines. At the site inspection that planter was not found and it was a code requirement ir~ conjunction with the 5 feet on the west side (block wall) for a total of 10 feet adjacent to a residential zone. Commissioner Boydstun: She recalled that Commission did away with that, moved the wall in and gave more landscaping on the mobile home side because that was what they wanted. Cindy Galfin: Correc`. When they initially submitted plans there were several hearings with ~oth citias and they made many changes to the plans that they had given up any interior landscaping aiuny the~ mobile home and all the landscaping was moved to the green buffer on the exteri~r. They gave up 5 feet of their propertv by moving the block wall in. The only landscaping that was left was the frontage uf the parking lot. There is an interior landscaping buffer along the retail commerciai strip but the back area wP~ere the mobile park is where all that landscaping was tr,~nsferred to the exterior, with the exc~ption of a couple of islands that are in the employse parking lot area. Greg Hastings, Zoning Division Ma~ager: 8uggested a rewording cf this condition to read, that within 30 days that the landscaping adjacent to the westeri~ property line shall be in conformance with the original approval of Council of 5 years ago. This way they can ga back and verify that there was something that was different than the exhibit on file. Staff could work with the applicant. The condition would be complied with ;f that were the case. By code there is a 10-foot requirement for landscaping. The fence was placed at 5 feet, which would be the center of that landscape area. The question is, should there be 5 foot of landscaping in the inside of the project. Cindy Galfin: They also have the 5-foot setback, which they are compiying with so that cars are 5 ieet from the block wall. They are 10 feet from the prope~ty line but there are not landscaping requirements on the Stanton side ~f the property where their retail y.•ird is. Commissioner BostNVick: Asked staff if they had a problem viith the 10 years, to August 31, 2008? Judy Kwok, Associate Planner: Actually the original resolution date was for November ~°~ ,therefore, it should be modified to November 9'h. OPPOSITION: None ACTION: Determined that the previously-csrtified EIR No. 312 is adequate to serve as the required environmental documentation for subject request. Approved reinslatement of Conditional Use Permit No. 3608 for 10 years, to expire on November 9, 2008. Modified Condition No. 2(a) ot Resolution No. 93R-220 to read as follows: "2(a). That this use shall expire ten (10) ye~rs from the date of this resolution, on November 9, 2008. OS-31-98 Page 20 k M . .__ .~: ~ Addeci the following condition of approvaL• 20. That within thirty ~30) days from the date of this resolution, a landscape plan - shall be submitted to the Zoning Division in compliance with Resolution No. 93R-220. VOTE: 7-0 Selma Mann, Assistant City Attomey, presented t~e 22-day appeal rights. DlSCUSSION TIME: 18 minutes (2:55-3:13) 08-31-98 Page 21 ~::'`.~' ~~_~ f'~ rr; ., . 9b. RECLASSIFICA710N N0. 98•89-05 ~ 9c. CONDlT10NAL USE PERMIT N0. 4047 OWNEt~: Hunter's Pointe Homeowners Association,14600 Goldenwest 5treet,102-A, Westminster, CA 92683 AGENT: TDI, Inc., Attn: Adan Madrid, 3150 Bristol Street, #250, Costa Mesa, CA 92626 LOCA710N: 6900 East Canyon Rfm Road. Property is 3.05 acres located on the south side of Canyon Rim Road,180 feet west uf the centerline of Fairmont Boulevard. To construct telecommunications antennas on an existing lattice tower (Edison) structure and ground-mounted accessory equipment. 9-14-98 t0 RECi.ASSIFICATION RESOLUTION NO. CONDITIONAL USE PERMIT RESOLJTION N0. • o • • • • OPPOSITION: None ACTION: Continued subject request to the September 14, 1998 Planning Commission meeting in order for the applicant to address staff's concerns regarding the aesthefic impact of the proposed telecommunications antennas. VOTE: 7-0 DISCUSSION TIME: This item was not discussed. OS-3i-98 Page 22 ~*~'" ~` n,.,,.,. _ }:; .,::, k", :: t:: 10a. _CEQA NEGATIVE DECLARAT ON Continu 10b. RECLASSIFICATiON NO. 98•95-03 9-14-98 10c. VARIANCE NO. 4347 10d. TENTATIVE PARCEL MAP N0. 98•178 OWNER: Lee Pete Nguyen and Mai Lan Thi Nguyen, 223 Camellia Street, Anaheim, CA 92804 AGENT: Pzu Pham,17660 San Simeon Street, Fountain Valley, CA 92708 LOCATION: 1915 West Ball Road. Property is 0.72 acre located on the north side of Ball Road,128 feet west of the centerline of Nutwood Street. Reclassification No. 98-99•03 - to reclassify subject property from the RS-A-43,000 Zone to RS-7200 Zone or a less intense zone. Yariance No. 4347 - waivers of required orientatinn of single-family residpntial structures, minimum lot width and minimum lot depth adjacent to ar#erial highways. Tentative Parcel Map No. 98-178 - to establish a 3-lot single-family residential subdivision. RECLASSIFICATION RESdLUTION NO. VARIANCE RESOLUTtON N0. SR7208TW.DOC ~ o • ~ • • OPPOSITION: None A~TION: Continued subject request to the September 14, 1998 Planning Commission meeting in order to allow additional time for the appliaant to revise plans to address staff's cancerns, VOTE: 7-0 DISCUSSION TIME: This item was not discussed. 08-31-98 page ~3 ~' k . . . . . . . , . - - - .~ . ~~ . .. ~ ~ ~ ~ . 11a. CEQA NEGATIVE DECLARATIO (PREVIOUSLY-APPROYED) Continued to 11b. CONDITIONAL USE PERMIT N0. 3148 ' (READVERTISED) 9-14-98 OWNER: Airport SuslAirport Coach, Attn: Lorie J. WilUams, 917 E. Gene Autry Way, Anaheim, CA 92805 LOCATION: 917 East GenR Autrv Way -Ai~nort Bus. Property is 2.45 acres located at the northeast comer of Gene Autry Way and Anaheim Way. To consider reinstatement of this permit which currently has a time limitation to retain a bus storage terminal. Originally approved on July 17,1989, to expire March 1,1995 and again on September 1,1998. CONDITIONAL USE PERMIT RESOLUTION N0. • • s • r ~~ • OPPOSITlON: None ACTION: Continued subject request to the September 14, 1998 Planning Commission meeting in ~rder to allow the petitioner time to submit an updated site plan for the property (due to the Interstate 5 freeway widening and modi ications created by the tenant). VOTE: 7-0 DISCUSSION TIME: This item was not discussed. OS-31-98 Page 24 12a. ~~~11 NE6A7'l1lE AECI.PRATt{?N Approved 12b. WAIO/ER O~ ~pbE REQUIRE~NENT Denied 12c. CQ~iD1~f10NA4. i.~5'E PERMIT N0. 4055 Granted, in part C~W~tER: Free Methodist Church of Anaheim, Attn: Pastor Star. Managbanag,1171 N. West Street, Anaheim, CA 92802 LOCATlON: 1171 North West Street - Free Methodist Church of Anahetm. Property is 2.08 acres located on the west side of West Street, 388 feet south of the centerline of Romneya Drive. To permit a chiid day care facility for a maximum of thirty (30) children within an existing church facility with waiver of minimum setback of an institutional use adjacent to a residential zone boundary. CONDITIOP~AL USE PERMIT RESOLUTION N0. PC98-139 ~ FOLLbWING IS A SUMMARY OF THE ~,LANNING;GOMMISSION ~ACTION. Appiicant's Statement: Jeff Smith, representing the Free Methodist Church of Anaheim,1171 N. West Street, Anaheim, CA: Staied they are now fully committed to meeting the proposed conditions. Although they do have some concern on the timing. They have parents who have had their children enrolled in Cuddle Care at its past locatien who want to bring their children back because they know the quality of the teachers and the instruction is very good. They were originally planning to open on September 8'h and are having trouble titting all of the conditions into the time frame that they have. Three ~ond~tions tihat they ask consideration on are Condition Nos. 3 and 11, on page 5 and Condition Nos. 12 on page 6. The block wali would most directly affect the children, at the back of their property (north end of the play area). He proposed putting up a temporary fence approximately 15 feet inside the black wall to fence that area off frorn access for the children so they can continue and construct the block ~vall fence. They a~ e hoping that will be done within a week to 10 days, but he did not know how long the process take to obtain a building permit. The second cunsideration would be the security lighting. They believe that they have sufficient security lighting. Before they add any additional lighting they would like someone from the City tu come out and advise them on their lighting. The trash storage area, according to the City requirements, needs to have a concrete block enclosure and other things completed. The place they were proposing to do this is also in the place where there is a shed on the side of the pastor's garage, which they are currently removing. After it is removed they will arrange for a contractor to bu~ld that enclosure. This will probably take the most amount of time of all three projects. Chairman Bristol: Asked how much time is he estimating they would need? Jeff Smith: On the block wall they are hoping that they complete it by next week. The longest item wnuld be trash storage area. Commissioner Bostwick: Condition No. 21 is that prior to the issuance of a building permit commencement of activity authorized by this resolution OR within one year from the date of this resolution whi~hever occurs first. How soon did they want to get their building permit and begin their activity? 08-31-98 Page 25 Jeff Smith: They would like to begin their activity on September 8`". Commissioner Boydstun: This item will not be to City Co~ncil by then. Seima Mann, Assistant Ciry Attomey: The decision of t~ ie City Council is r.ot final in 22 days even if Commission makes a decision today, the actual date of the decision is 22 days later. Pastor Stan b1anagbanag,1171 N. West Street, Anaheim, CA: He has covered most of the area where they need to adhere to. This church is not a large congregation. They did not realize that all the square footage would constitute the computati~n of the parking stalls. The capacity of ihe sanctuary is the same people that use the assembly hall. Code requires 137 parking spaces but there is no way for them to accomplish that unless they build a parking structure above ground. They therefore ask to be allowed to operate according to the old c~de. THE PUBLIC HEARING WAS CLOSED. Commissioner Boydstur.: Asked if Code Enforcement can assist the applicant with the securiry lighting? Don Yourstone, Senior Code Enforcement Officer: Yes, they can and they can also request Vir.ce Audet from the Utilities Department (Resource Efficiency) advise where to locate the security lighting, which are free to the applicant. Theyjust need to have ihe lights installed. Chairman Bristol: Asked about the rolling gate on the west side of the property, Commission Williams indicated that could be reversed and the roll can go to the other side, away from the children. Jeff Smith: Actually they already had plans set for November for a work detail to move the fence or build a new fence. A wood stake fence similar to the one on the near side. They were planning on chaining and locking it during the hours of operation. OPPOSITION: None ACTION: Approved Negative Declaration Denied the Waiver of Code Requirement on the basis that the waiver was deleted following public notification. Granted, in part, Conditional Use Permit No. 4055 with the following changes to conditions: Modified Condition Nos. 3 and 21 to read as fo!lows: That a six (6) foot high masonry block wall sha11 be constructed along tho length of the north property line at the area where the play yard is located. That protective concrete posts shail be placed five (5) feet on-center along the alley portion of the property line. The block wall shall be set back one (1) foot from the property line for the planting of minimum 5-gallon size clinging vines on maximum 3-foot centers. The vine area shall be irrigated anrt ~;~;~anently maintained by lhe property owner. Said information shall be spF .,`:r~ally shown on pla~is submitted for building permits. 21. That prior to the issuance of a building permit, commencement of the activity authorized by this resolution, or wifhin a period of one (1) y~ar from the date of this resolution, whichever occurs first, Condition Nos. 9, 10,13,14, and 17 above mentioned, shall be complled with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Cod~. 08-31-98 Page 26 _ ..._ _~. __ _ _ _ ~ , . . -- . _- •- . . _: .._ , ... :.. .. ..__ ~ F Added the foilowing condition: ' That Conditlon Nos. 3,11, and 12, above-mentioned, shall be completsd within a periad of ninety (90) days ftom the date of this resolution. That there shall be no rolle~ on the gate inside the play area. VOTE: 7-0 Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 16 minutes (3:14-3:30) 08-31-98 Page 27 y~°~~ ~`ii: ~~~.:......, ,. x.:,.~. .~. . . . ~., , --~--~--- 13b. CONDITIONAL USE PER~MIT NO. 386i (READVERTISED) 9-28-98 OWNER: Grace C. And Omar L. Blanchard,120 EI Dorado Lane, Anaheim, CA 92807 LOCATION: 191 South Old Snrings Road - Hilisborousth School Property is 1.42 acres locatad at the northwest corner of Monte Vista Road and Old Springs Road. To consider reinstatement of this permit which currently has a time limitation to retain a temporary moduiar building. Or~ginaily approved on September 4,1996, to expire September 4,1998. l0 CONDITIONAL USE ?ERMIT RESOLUTION N0. • o • • • w OPPOSITION: None ACTiON: Confinued subject request to ihe September 28,1 J98 Planning Commission meeting in order to allow the petitioner to readvertise this request to amend conditions of approval pertaining to the use of the temporary modular building. VOTE: 7-0 DISCUSSION TIME: This item was not discussed. OS-31-98 Page 28 14a. CE(~A NEGATIVE DECLARATI0IV Approved 14b. WAIVER OF CODE REQUIREMENT Approved 14c. CONDITIONAL USE PERMIT N0. 4044 Granted for 3 years OWNER: DBW Ventures, Inc., Attn: David Williams, 3250 E. (To expire 8-31-01) Frontera Rd., Anaheim, CA 92806 Self-Service Auto Dismantiers, Inc., Attn: George Adams, 3200 E. F~ontera Road, Anaheim, CA 92806 LOCATION: 3400 East Frontera Street. Property is 16.0 acres located at the ea~tern terminus of Frontera Street. To permit a steel storage yard with two accessory temporary modular buildings with waiver of minimum landscaped setback adjacent to a freeway. CONDITIONAL USE PERMIT RESGLUTION N0. PC98-140 SR7204KB.DOC • e • o e • Greg Hastings, Zoning Division Manager: Condition No.1 is a tirne limitation of two years. Staff recommends that this be revised to three years based on new information received this morning relative to the length of the lease. ApplicanYs Statement: Phiilip Anthony, 14101 La Patt Street, Westminster, CA: Stated he is representing the applicant. They do agree with the staff report and all the conditions. This is a vacant piece of property, which has some built- in difficulties with it. It is an old land fill and only has one access but they think it is a very low key use for the property on an in!erim basis until some better use can develop some day. They have been discussing possibilities with the Redevelopment and Planning staff for many years but it is difficult to know when that ultimate use may be possible. There are no permanent structures. It will be for surface storage of what is called "new steel". This is steel that has been partially processed and has been returned from tha refinery and then sent on to a final use. Ik will be bruught in by rail and stored on the property for a period of time then taken away by trucks. The reason this is possible is that the rail line is being brought in primarily to take the scrap steel away from the recycling center next door and that is the immediate benefit. By taking that scrape steel away by rail it immediately takes many trucks off the streets that are currently hauling that scraped steel from the recycling center out to iPs ultimate destination. They are setting up a new business but are actual~y facilitating an existing business and the trains can bring in the new steel, unload it, pick up the scrape steel and haui it away to the refineries and complete the recycling process there. They were notified this morning of an unfortunate accident thafi happened. They have a new rail line out there and both themselves, railroad people and trucking people are learning how to operate this under the new rules. There were soma very long t~eams of steel that were dropped off by the railroad company by accident and ended up on the property. They are destined to ga to a highway bridge project nearby that is why they ended up in this vicinity. They are difficult to move because they are so long and are still there today because the owners of the property refuse to let them move them unless it was after hours. The place where they are going to has not been willing to receive them after hours because they do not have their normal crew. So they are trying to get that worked out. This is something that was a mistake and will OS-31-98 Page 29 never happen again. If Commission would like to impose a wndition that states should that ever happen again that the material could only go out after hours with the City permits. They would also request the time limit to be modified to three years. Alfred Yalda, Principal Transportation Planner: He spoke with Phii Anthony this morning and he also agreed that a condition be added which would state, should an accidont occur that a transportation permit be issued behveen 7:00 p.m. and 7:00 a.m. This wili minimize the movement of the trucks within that area. Don Yourstone, Senior Code Enforcement Officer: The applicant has requested that under Condition No. 11, which refers to monthly inspections by Code Enforcement, that the applicant would like to have Code Enforcement inspections three days a week, Monday, Wednesday and Friday. Commissioner Williams: Asked if that is needed? Do they have the staff to do that7 Don Yourstone: Yes, they do. Commissioner Bostwick: Asked why he thought that was actually needed, 3 days a week? Phillip Anthony: He did not think it needed to be a condition of this permit but they have benefited for many years with the help of Code Enforcement, to make sure that tho existing businesses to the west where there have been some issues with the old shredder waste pile and other concerns. They have worked closely with Code Enforcement for several years t4 make sure that there are no problems. The owners would like to continue that relationship but that might be best done by a separate agreement with Code Enforcement. They plan to ask Mr. Poole to continue the regular inspections by Code Enforcement staff for not just this use but for the existing uses on the property also. As time goes on the frequency of inspections may be stretched further apart. OPPOSITION: None ACTION: Approved Negative Declaralion Approved Waiver of Code Requirement Granted Conditional Use Permit No. 4044 for 3 years, to expire on August 31, 2001 with the following changes to conditions of approval: Modified Condition No.1 to read as follows: That subject use permit shall expire three (3) years from the date of this resolution, on August 31, 2001. Added the following condition of approval: That any over-sized deliveries shall require transportation permits and shall be limited to transport between the hours of 7:00 p.m, and 7:00 a.m. only. VOTE: 7-0 Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 14 minutes (3:31-3:45) 08-31-88 Page 30 M~ETING ADJOURNED AT 3:45 P.M.TO MONDAY, SEPTEMBER 14,1958 AT 10:00 A.M. FOR A CITY ATTORNEY'S OFFICE WORKSHOP ON PLANNING COMMISSION PROCEDURES, THE BROWN ACT, FINDING5, NEXUS AND CONFLICT OF INTEREST Submitted by: 0..,~.a.s~.> Ossie Edmundson Senior Secretary 08-31-98 Page 31