Loading...
Minutes-PC 1999/09/27SUMMA~Y A~~'ION AGENDA CITY 4F ANAHEIM PLANf~I(~G C~MMISSIdN MEETING M~NDAY, SEPTEMBER 27, 1999 10:00 A.M. • O.C.T.A. CENTERLINE WORKSHOP • PUBLIC WORKS DEPARTMENT FIVE-YEAR C/~PITAL IMPROVEMEf~T PROGRAM 11:00 A.M. • STAFF UPDATE TO COMMISSION OF VARIOUS CITY DEVELOPMENTS AND ISSUES (AS REQUESTED BY PLANNI~lG COMMISSION) • PRELIMIPdARY PLAN REVIEW 1:30 P.h4. • PUBLIC HEARING TESTIMONY CCMMISSIONERS PRES~NT: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES,VANDERBILT, ONE VACANT POSITION STAFF PRESENT: Selma Mann Greg Hastings Greg McCafferty Albert Brady Don Yourstone Alfred Yalda Melanie Adams Russ Sutter Margarita Solorio Ossie Edmundson Assistant City Attorney Zoning Division Manager Senior Planner Code Enforcement O~cer II Senior Code Enforcement Officer Principal Transportation Planner Associate Civil Engineer Police Sergeant Planning Commission Secretary Senior Secretary P:\DOCS\CLERICALUAINUTESWC092799.DOC City of Anaheim Planning Commission Summary Action Agenda 09-27-99 Page 1 1TEMS OF PUBLIC INTEREST: ~ None DISCUS510N fTEM: None 1. REPORTS AND RECOMMENDATIONS F. a) CEQA CATEG~RICAL EXEMPTION - SECTION 15061(b)(3) Continued to b) CODE AMENDMENT N0. 99-06: City-initiated (Planning Department), 10-11-99 200 South Anaheim Boulevard, Anaheim, CA 92805, request for consideration to amend Chapter 18.06 (vehicular parking and loading requirements) fo~ convenience markets and hotel/motel facilities. SR7530CF.DOC SUMMARY OF DISCUSSION. Greg McCafferty, Senior Planner, stated this is a request by the Ciry Traffic and Transportation Manager for the Planning Commission to review certain amendments to the parking ordinance related to convenience markets 2~d lodging accommodations. Alfred Yalda, Principal Transpo~tation Planner, stated there are two items, one is :`~e convenience market, as Commission requested. They have reviewed previous studies for this type of use and concluded that if a convenience market is within a shopping center, then they should not be required to provide additional parking (5.5 per 1,000). If the convenience market is by itself, then they should be required to provide 3 additional parking spaces if they have, for example, fast food. The second item is the hotel/motel facilities requirements. They also revie~red previous studies and made a comparison with other cities and requested approval of their recommendations. Chairperson Boydstun requested Commission to act separately on each item (CEQA Categorical Exemption-Section 15061(B)(3) and Code Amendment No. 99-06)). She recommended that it be changed to 3 additional parking spaces per vendor. Commissioner Bristol stated this was discussed at the morning session and asked Mr. Yalda if he had any additional thoughts since that time. Alfred Yalda, Principal Transportation Planner stated there are many areas in the City. There are some areas where there is access parking and there may be some areas where there is a need for additional parking. They are trying to do is establish a happy medium since they can not address every use. Within the last 5 years almost 99% of the new development in the City including gas stations have some sort of food use. Therefore the requirement for parking goes City of Anaheim Planning Commission Summary Action Agenda 09-27-99 Page 2 down because instead of stopping at one gas station that selis food almost every gas station is now doing the same thing. Therefore, they should not concentrate on one area and the avaiiability provides more accessibi~ity for the food and reduces the demand for the parking. That is the reasoning for their recommendation. It is ultimately up to Commission to decide, they could go with 5.5 per 1,000 or 3 additional, or as Chairperson Boydstun suggested having 3 additional parking spaces per vendor use. Commissioner Koos asked how the suggestions mentioned compare with other cities with respect to these types of i?^~ uses. Aifred Yaida, Principal Transportation Planner, responded most of the cities require 4 or 5 per 1,000 and do not have any additional parking for that type of use. Anaheim has one of the highest requirements in Southern California to require additional parking. Commissioner Koos stated Chairperson Boydstun recommended above and beyond that. Alfred Yalda, Principal Transportation Planner, yes it would be a Iittle more parking required. Commissioner Koos stated if adopted, did he foresee a change in the amount of requests for variances. Alfred Yalda, Principal Transportation Planner responded he would see a drop if it goes from 5 to 3, because of the reduction of the requirement of the parking. Commissioner Bostwick stated he had a few concerns with the suggestion that was made, when they refer to convenience or fast food. He compared the difference between some of the convenience markets that install i.e. hot dog and coke machines which are considered fast-food, whereas a gas station might have the actual franchise type of fast-food such as a Taco 8ell, Dunkin Donuts, etc. He felt there needs to be a clear definition of what is meant by fast food. Cammis~ioner Bristol stated they have seen these issues recently to put a separate sign on the monur,~ent sign or additional wali signs and that could be a possible starting point for a definition. If thc•y do not have the signage, and do not apply for it, would that be considered a different use and would it be applicable. Chairperson Boydstun thought the franchises would bring more traffic than a food type machine operation. Commissioner Bristol stated his concern wouid be voting on this now without taking a fu~ther look at this. Commissioner Koos stated he agreed and recommended continuing the portion "(a)" (page 1, item 4(a) of the staff reportJ so that staff could respond to the Commission's comments as well as provide any study available regarding the nature of these businesses. He asked whether staff could address the issue of whether people are going to the gas stations purchasing both gasoline and food at the same location thereby not using the parking spaces provided or do people go to these sites to get food without purchasing any gasoline at the service stations. Alfred Yaida, Principal Transportation Planner responded he felt both instances are correct. He gave the exampls of east Anaheim at Kraemer and La Palma where the only other fas; food in the area is a Carl's Jr. Many times there are workers in that area that go in for the food. Another e;cample is at La Palma and Imperial, there is the exact same type of gas station with the same City of Anaheim Planning Commission Summary Action Agenda 09-27-99 Page 3 type of food but there is not the same type of demand because that area is already saturated by the other fast food locations in the immediate area. Commissioner Vanderbilt stated he was also in agreement for a continuance since this seems to be a far reaching topic. He would like to have the time to study the locations mentioned as well as other sites. It would be difficult to character~ze these businesses because there are so many variations. He is concerned with trying to be able to come up with a code that would conform to ali of those. He is hoping to have further discussfon since they need to be ~~ery careful about making sure they consider all types of variations that may be affected by this policy and/or code. Commissioner Koos stated Commissioner Bostwick's example of Dunkin Donuts is a good ~ unique example of a business that is different. Aifred Yalda gave an example that for fast food seating of 10 the code changes from 5.5 parking spaces per 1,000 to 8 per 1,000 and asked Mr. Hastings to further elaborate. Greg Hastings, Zoning Division Manager, stated that was correcE. For parking purposes there is thai limitation regarding seating. When you get to a certain seating level then the fast food or sit down restaurant comes into affect. There is a definition of what a fast food restaurant is which states, "A restaurant where food is customarily ordered by patrons whiie standing in a window or counter located insids the building regardless of the manner in which food is thereafter served or whether said is consumed on or off the premises ° That would be different than a typical AM/PM where it is more of a self-service. Commissioner Bostwick stated fast food needs to be included into this definition somehow. Commissioner Bostwick offered a motion to continue portion "(a)" of this item to October 11, 1999, seconded by Commissioner Napoles and motion carried. Action on portion "(b)" to Code Amendment No. 99-06: Commissioner Bristol stated at the morning session they discussed the difference between what the Code is and the existing Code at the Disney Resort Area and Mr. Yalda had commented that Anaheim requires more parking than most cities in ihe area. At 1.8 then Anaheim would be like everyone else such as San Diego. Alfred Yalda stated San Diego, for example, requires 1 parking space per room. If there is 10,000 square feet of banquet facility then they do not require any parking. If they have a retail shop inside and a restaurant they do not require any parking. The city of Irvine requires a parking study for all the hotels regardless of where they are located which creates more expenses to the individual~ who want to construct a hotel. The city of Buena Park has not had any hotel built in the past 10 years and their parking code for every use requires additional parking,l parking space per room. If they have a small restaurant then they have to provide 5 parking spaces per 1,000, and if they have a banquet room it requires them to do 1U parking spaces per 1,000. Anaheim receives most of the hotels because of the changes seen within the last 4 years. They reviewed what was approved for the Disney Resort Area compared with the rest of the Ciry. They also reviewed several parking variances requested with the past 2 years. They feel that is medium parking requirement would serve almost 90% of the parking requirement throughout the city. City of Anaheim Planning Commission Summary Action Agenda 09-27-99 Page 4 ~ Commissioner Bostwick stated thelr proposal has, 425 per employee for the gues~ooms and yet they have dropped all requirements for the empluyees for eating, drinking, banquet, stc. and asked what the reasoning was on that. Alfred Yalda stated their studies show that the i~formation received ftom some of the users was very complicated. For example, if they had a ba~quet facility they may have temporarily had 1^ people work therEj for only one night. Others had a restaurant inside that advertises and have people from the outside coming to the restaurant. ~'t:ey went back and studied the Disney Resort Area further then reviewed the ci~ywide requirement for the parking for the restaurants and banquet facilities and felt that the 6.7 would serve better not only for the banqur.t facilities but for the restaurant portion. 7hey tried to make it simple and more user friendly. Commissioner Bostwick asked Mr. Yalda if they feit the 6.7 is su~cient to cover empl~yees as well as those attending. Aifred Yalda responded yes. Some of those empioyees are on 2 or 3 shifts. Many of them take public transportation but if they are in an area that is not very transportation friendly then they may have to drive to get to work. Commissioner Bostwick feit their proposal would work and solves many varied conflicts. Selma Mann, Assistant City Attorney requested whether the entire ordinance could be kept together since it would be helpful because they will need to revise the ordinance. Commissioner Bristol asked Mr. Yalda about the comparison from 1 to 2 on the Anaheim Resort Specific Plan and the Disneyland Resort Specific Plan, asked if they could find out the difference in the rooms between the 2 plans. Alfred Yalda fsft there would be more hotel rooms in the Anaheim Resort Area. Commissioner Bristo! stated if they are going to be making a change the poteritial in the Anaheim Reso~t versus the Disney Resort would give an indication of parking. Greg McCafferty, Senior Planner, stated the Anaheim Resort Specific Plan, depending on the district it is in, the number of hotel rooms per acre is the governing factor as oppose~' to being driven strictly by parking. Chairperson Boydstun asked Mr. Yalda to review the employees because she felt they are making a mistake dropping it so drastically. People have a tendency ta go to the restaurants there and the parking for tho banquet rooms is a problem. Commissioner Bostwick offered a continuance (of the entire Code Amendment} to October 11, 1999, seconded by Commissioner Napoles and motion carried. City of Anaheim Planning Commission Summary Action Agenda Oy-27-99 Page 5 B. CONDITIONAL USE PERMIT NOS. 244 ANn 564 - REQUEST FOR Initiated revocatfon INITIATION OF REVOCATION OR MODIFICATION PROCEEDINGS: or modification City-initiated (Planning Department), 200 South Anaheim Boulevard, proceedings Anaheim, CA 92805, request to initiate revocation or modification proceedings for Conditional Use Permit Nos. 244 and 564 (to estabiish a 44-unit motei with wafver of maximum structural height in the RS-A-43,000 Zone). Property fs located at 1800 West Lincoln Avenue - Ha Penny Inn). ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Bristol and MOTION CARRIED (one vacant seat), that the Anaheim Gity Planning Commission does hereby initiate revocation or modification procesdings for Conditional Use Permit Nos. 244 and 564 as authorized under Section 18.03.091 of ihe Anaheim Municipal Code. SR6970DS.DOC SUMMARY OF Df3CUSSION. Greg McCafferty, Senior Planner stated this is a city-initiated request by Code Enforcement and the Police Department to consider the initiation of revocation or modification proceedings for Conditional Use Permit Nos. 244 and 564 for a 52-unit 2-story motel called the Ha Penny Inn. Albert Bradey, Code Enfercement Officer, stated he has recently been conducting an investigation of the Anaheim Ha Penny Inn. From December 16,1998 through February 1,1999 there were 93 complaints received which resulted in 592 code violations. During his inspections he observed hazardous electrical wiring and plumbing, deteriorated walls, ceilings and flooring, graffiti, inoperable vehicles, cockroach infestation, and refuse and waste matter. In addition, he observed that the majority of the motel was occupied by long-term stays. He brought photos to demonstrate the long-term stay activity and some of the deteriorated substandard housing conditions in the units. They are requesting that a public hearing be set to initiate revocation or modification proceedings of the Conditional Use Permit Nos. 244 and 564. Sgt. Russ Sutter, Anaheim Poiice Department, was requested to obtain statistics of calis for services at this location from January 1999 to the present. There have been 179 calls received for service from the business plus an additional 58 officer initiated calls for service. The calls ranged from disturbances to burglaries. There were approximately 74 disturbance calls during that period. In comparison the Ramada Limited has 82 rooms and during the same period had 55 calls for serdices, of which 11 were disturbance calis and approximately 4 arrests made there. At the original location of Ha Penny Inn there was 23 arrests made duiing that time period. The Econo Lodge had 22 calls for service and 4 people arrested. Commissioner Bostwick offered a motion to initiate revocation or modification proceedings, seconded by Commissioner Bristol and motion was carried. City of Anaheim Plannfng Commission Summary Action Agenda 09-27-99 Page 6 _ . . ,: , C. CONDITIONAL USE PERMIT N0.1T55 - REQUEST FOR 'Tem~inated ' TERMINATION: Craig Clausen, 2795 West Lincoln Avenue, Anahieim, CA 92801, requests termination of Conditi~nal Use Permit No.1755 (to (Vote: 6-0, one permit massage in an existing flgure salon). Property is tocated at 2060 vacant seatj West ~.fncoln Avenue. TERMINATION RESOLUTION N0. PC99-170 SR1146EH.DOC SUMMARY QF DISCUSSION. ~ Greg McCafferry, Senior Planner stated this item is a request to terminate Conditional Use Permit No. 1755 at the request a letter received from Craig M. Clausen, dated August 20,1999. D. CONDITIONAL USE PERMIT N0.1640 - REQUEST FOR Terminated TERMINATION: Gerard Mintz, Property Mgr. (for Susan Manuel, owner), 6851 Skyview Drive, Huntington Beach, CA 92647, requests (Vote: 6-0, one termination of Conditional Use Permit No.1640 (to permit on-premises vacant seat) sale of beer and wine). Property is located at 5031 East Orangethorpe Avenue. TERMINATION RESOLUTION N0. PC99-171 SR ~ 942EH.DOC SUMMARY OF DISCUSSION. Commissioner Bostwick asked staff if this was a use that is no longer being used on the property Greg McCafferty, Senior Planner responded that was correct and referenced paragraph no. 4 of the staff report, which stated that Conditional Use Permit N~.1640 is not longer being exercised. City of Anaheim Planning Commission Summary Actfon Agenda 09-27-99 Page 7 , , :, ,: .,•, ;; fi;, _ ,: E. CONDITIONAL USE PERMIT N0.1378 - REQUEST FOR ~ Terminated TERMINATION: Richard R. Miller or Nancy Burke, Jr. (Land Use Manager), Kaiser Permanente, 393 East Walnut 3treet, Pasadena, CA (Vote: 6-0, one 91188, requests termination of Conditional Use Permit No.1378 (to vacant seat) establish a private educational institution in conjunction with a 7-story hospitai with waiver o# minimum number of parking spaces). Property is located at 441 North Lakeview Avenue - Kaiser Permanente. TERMINATION RESOLUTION N0. PC99-172 SR1141 EH.DOC SUMMARY OF DISCUSSION. Greg McCafferty, Senior Planner, stated this was requested by a Richard R. Miller, a representative from Kaiser Permanente, as indicated in paragraph no. 2 of the staff report. F. CONDITIONAL USE PERMIT N0. 3343 - REQUEST FOR 'ferminated CUP TERMINATI~N: Yiji E. Naito, SBD Group, Inc. 505 South Villa Real 3343 and waiver of Drive, Anahe ~m, CA 92807, requests termination of Conditional Use minimum number Permit No. 3343 (to permit a 5,290 square feet of yourmet market with of parking spaces take-out prepared food with waiver of minimum number of parking spaces). Property is 505 South Villa Real Drive - Vista Nohl Plaza. (Vote: 6-0, one vacant seat) TEFtMINATiON RESOLUTION N0. PC99-173 8R1144EH.~OC SUMMARY OF DISCl1SSION. Greg McCafferty, Senior Planner, stated this item is for a conditional use permit that is no Ionger being exercised at subject property. A condition of approval of Conditional Use Permit No. 4127 required that ihe conditional use permit be terminated. Selma Mann, Assistant City Attomey, clarified that it was a termination of Conditional Use Permit No. 3343 with the waiver of the parking spa~es so that both the waiver and the CUP are terminated. City of Anaheim Planning Commission Summary Action Agenda 09-27-99 Page 8 G. VARIANCE NOS.1961 and 3148 - REQUEST FOR TERMINATION: Terminated Mita Leaver, Muller Company, 2119-B West Orangewood Avenue, Orange, CA 92668, requests termination of Variance Nos.1961 (waiver (Vote: 6-0, one of minimum required front landscaped setback to permit a private parking vacant seat) lot); and 3148 (waiver of maximum fence height to construct a 15-foot high fence). Property is located at 1500 South Anaheim Boulevard and 300 East Cerritos Avenue. TERMINATION RESOLUTION NO. PC99•174 SR1143EH.DOC SUMMAitY OF DISCUSSION. Greg McCafferty, Senior Planner indicated both of the variances are no fonger being exercised on the properry. H. REQUEST FOR DETERMINASION QF COiJFORMANCE WITH THE ANAHEIM GENERAL PLA~S: County of Orange, Public Facilities & Resources Department, Attn: John D. Paulik, Chief of PFRD Right-of- Wa~ Pracessing, 300 N. ~lower Street, Santa Ana, CA 92702, requests a determination of conformance with the Anaheim General Plan for the proposed sale of County property. Subject property is generally located in the northwest quadrant of the SR-91 (Riverside) Freeway/Kraemer Boulevard interchange at the Carbon Creek Diversion Channel crossing. ACTlON: Commissioner Boslwick offered a motion, seconded by Commissioner Bristol and MOTION CARRIED (one vacant seat), that the Anaheim City Planning Commission does hereby determine that the OCFCD's proposal to sell two easemEnts for the purpose of providing access and to widen the SR-91 (Riverside) Freeway/Kraemer Boulevard bridge is in conformance with the Anaheim General Plan. Determined to be in substantial conformance with the Anaheim General Plan SR0023KT.D~C There was no discussion of this matter. ~ity of Anaheim Planning Commission Summary Action Agenda 09-27-99 Page 9 PUBUC HEARING ITEMS: 2a. CEqA NEGATIVE DECLARATION Continued to 2b. CONDITIONAL USE PERMIT N0. 4152 10-25-99 OWNER: Myma Wiener, Wiener Family Trust, 9323 La Alba, Whittier, CA 90603 AGENT: Karen Finke, Anaheim Hills Festivai, 8020 East Santa Ana Canyon Road, Anaheim, CA 92808 LOCATION: Property is 3.97 acres i~cated on the north side of Santa Ana Canyon Road,1,320 feet west of the centerline of Roosevelt Road. To construct an identification sign for the Festival Regional Shopping Center. Continued from the Commission meetings of August 30, and September 13, 1999. CONDITIONAL USE PERMIT RESOLUTION N0. SR1012TW.DOC SUMMARY OF DISCUSSION. ApplicanYs Statement: Jeff Farano stated he is representing Donahue Schriber, the petitioner, who is requesting a continuance. They are now working with the sign company and the local rp - idents trying to decide what type of sign would be acceptable and appropriate for the area. He reque5~ad an extension so they can return with a new design, which will hopefully be agreeable to residents ~s well as staff. Chairperson Boydstun stated, for the record, that a letter was received from Joy Paris-Johnson. Greg NlcCafferty, Senior Planner, stated, for the record, there were also 2 2dditional letters cf opposition, one that she just mentioned and an~ther from Jay Reiber. The petitioner had already received copies of those letters. Commissioner Bostwick offered a motion for a continuance to October 25, 1999, seconded by Commissioner Bristol and motion carried. City of Anaheim Planning Commission Summary Action Agenda 09-27-99 Page i0 ACTION: Continued subject request to the October 25,1999 Planning Commission meeting in order to allow the petitioner time to redesign the proposed sign. VOTE: 6-0 (one vacant seat) DISCUSSION TIME: 3 minutes (1:39-1:42) City of Anaheim Planning Commission Summary Action Agenda 09-27-99 Page 11 3a. CEQA NEGATIVE DtCLARATION . Continued to 3b. TENTATIVE TRACT MAP N0.15861 10-11-99 3c. SPEGIMEN TREE REMOVAL PERMIT N0. 99-3 OWNER: Paul S. Murata and Sachiko Murata,194 Snuth Lakeview Avenue, Anaheim, CA 92807 AGENT: Brian Kerr, Muskoka Development Inc., 34 Balboa Coves, Newport Beach, Ca 92663 LOCATION: 194 South Lakeview Avenue. Property is 5.91 acres located ~n the north side of Lakeview Avenue. 7entative Tract Map No.15861- To establish a 5-lot single family residentiai subdivision. Specimen Tree Removal Permit No. 99•3 - To permit the removal of two (2) specimen trees. SR1011TW.DOC s • • • • ~ e Commissioner Bristol offered a motion for a continuance to October 11,1999, seconded by Commissioner Napoles and carried. OPPOSITIQN: None ACTION: Continued subject request to the October i 1,1999 Planning Commission meeting in order to allow staff add!tional time to review revised plans recently submitted by the petitioner. VOTE: 6-0 (one vacant seat) DISCUSSION TIME: ~'his item was not discussed. City of Anaheim Planning Commission Summary Action Agenda 09-27-99 Page 12 4a. CEQA NEGATIVE DECI.Aw~-ra~n Approvea 4b. CONDITIONAL USE PERMIT NQ. 4133 Granted OWNER: Lawrence A. Greco, P.O. Box 8605, Wondland Hills, CA (To expire 12-31-2001) 91365-6605 AGENT: Richard Garcia,1687 West Lincoln Avenue, Anaheim, CA 92801 LOCATION: 1695 West Lincoln Avenue. Property is 0.44 acre located at the northeast cerner of Euclid Street and Lincoln Avenue. To permit an auta repair, auto body and paint facility. Continued from the Commission meeting of July 7,1999. CONDITIONAL USE PERMIT RESOLUTION N0. ?C99-175 SR1010TW.DOC SUMMARY OF QISCUSSION. ApplicanYs Statement: Greg Hammill, 414 Fernhill Lane, Anaheim, stated he is the consultant to the applicant, Mr. Garcia, the owner of the business. He explained an existing building sits next to another property that has a GUP for auto use. When Mr. Garcia took out a lease on the building, the business was a furniture store that was closing down and Mr. Garcia's thought was to move into that space, not being aware that a separate conditional use permit was needed for that. This was over 4 years ago end he has now been cited by Code Enforcement. There is a lot oF work going on around that area with the I-5 Fwy. and the overpass bridges along Euclid Avenue. Mr. Garcia realizes what the Generai Plan is for the Ciry and the zoning regulations pertaining ta this property. Even though the building in question was designed for auto use and did have a CUP for auto use at one time, it has lost its "grandfathered" status since the furniture business moved in. (He fonvarded photos of subject property to fhe Commission.] Mr. Garcia understends that this is not in compliance and that he needs to move, but he needs some time to do that. If he were allowed to stay there then he needs a couple of years to mitigate the things as Iisted in Mr. Garcia's letter. Staff is requesting that there be no outdoor storage allowed. Mr. Garcia is willing to move all of his vehicles inside the building at the end of each day or to another location in order not to have any vehicles exposed along the Euclid side of the property. That is not how he would like to do business but if that is something that is agreeable then he could comply and move to another location in a couple of years. Condition No. 13 involved the trash pick up. They do not feei it makes sense to close off a driveway because it will cause a traffic problem. They would like to leave the drivewavs as they are. Mr. Garcia has been having a commercial broker diligently seeking another site. They need to be allowed more time to look for another site or yrant the CUP that the building once had. City of Anaheim Planning Commission Summary Action Agenda 09-27-99 Page 13 Richard A. Garcia, 522 Bre~3nte Drive, Diamond Bar, stated at the tast meeting he mentioned that their sales average $2.5 million a year and generates a payroll of approximateiy $840,000 a year. He was not aware that he needed a CUP when he moved in and thought that the existing CUP was sufficient. With all the Redevelopment in the Ciry he realizes that there is work that needs to be done to that building which he is wiliing to do. if needed, he will be moving cars into the buiiding each night or to another legal location. He has been actively looking for another site but for some reason it has been difficult. He has approximately 2 years remaining in his lease. If asked that he be given more time to look for another location. Commissioner Bostwick asked Mr. Garcia when his lease terminated. Richard Garcia responded it terminates in December 2001. THE PUBLIC HEARING WAS CLOSED. Commissioner Bristol stated on Mr. Garcia's letter dated September 13'~ on no. 2 it read, "But this is a parking lot and if we choose to park a car there overnight it shouid be allowed:' What was meant by "there"? Richard Garcia responded he meant the ~ack area. Commissioner E3ristol asked staff whether that is considered storage Greg Hastings, Zoning Division Manager, stated if it is stored overnight then it would be considered storage. This property, as well at the property to the east, both had automotive use permitted by right; the indoor portion only. S~~~ce that time there has been a Code Amendment, approximately 10 years ago, where it is now required in the CN Zone CUP's for this type of use for the indoor use of the building. Both of these buildings were used for automotive uses. The westerly building did vacate and the furniture store moved in and at that point they lost their "grandfathering" on the westerly portion. There have been no other CUP's on the property but the use to the east, part of this use, is a permitted use. But the portion on the west is only before Commission because it lost its "grandfathering" because a furniture store had moved in in the interim. Comm~ssioner Vanderbilt asked Mr. Garcia if he was referring to the relocation of the whole business since it is currently one business with two functions, automotive repair on the east side and auto paint and auto collision repair on the west side. Richard Gar.'a responded the building that is not in question is where his paint department is located. He does mechanical, upholstery and auto body and paint. The property in question has three body men and his office. He does not do any paint work on that location. He would probably have to downsize into the one building and rent another location to park cars and move them back and forth to paint them. Chairperson Boydstun asked how long Commission could Iegally continue an item in order to give the applicant time to find another location. Greg Hastings indicated there is 180 days plus a 90-day extension, if it is agreeable to the applicant. If Commission does not act by that date then it is deemed approved. Staff is recommending approval if the applicant abides by their recommended conditions (basically no outdoor storage or work on automobiles). Chairperson Boydstun felt it splits his business in two and makes it very difficult City of Anaheim Planning Commission Summary Action Agenda 09-27-99 Page 14 Commissioner Bostwick suggested deleting Condition Nos.13 and 14; changing Condition No.1 to grant the CUP until December 2001, and retain Conditfon No. 2. Commissioner Koos stated he was at the site on Thursday and observed many cars in various states of conditior against the west property wall and had a difficult time navigating through the parking lot. It seems that his success is forcing him to leave on his own. He did not feel that the cars would be removed at the end of each day and bring them back every morning. There are Code issues and Code Enforcement is going to cite him any violations are observed. Richard Garcia responded he was looking at the property directly across the street from him, Emard Door and Gate Service who has a CUP for automotive repair. He spoke to the owner about renting property from him and possibly putting a couple of body men in that area. Commissioner Koos asked Mr. Garcia i~` he wouid be storing outside at that site. Richard Garcia responded the building is big enough where cars can bP pulled in. Across from the back of the property are smail parking garages with doors. Any vehicles sitting on the property for more than two weeks he would like to have them stored in that location. Greg Hastings, Zoning Division Manager stated that property has a conditional use permit for automotive as well but probably has the same requirement that there be no outdoor storage. if the property were to be used in conjunction with that CUP then it would be appropriate, if it is indoors. Commissioner Bristol agreed with Commissioner Bostwick and compiying with the conditions would improve that site. Commissioner Vanderbilt stated he ~vas concerned with the appearance of the location. The building has outdoor lighting for securily purposes. By transporting the vehicles away then if resolves that issue. The other issue is the storage of automobiles in the front of the business. He thought there must be some sort of movement of cars from the back to the front that goes on throughout the day, which has a wrecking yard look to it which concerns him. He would like to have some assurance that would case his mind so he can more easily support the proposal as it is being discussed. Richard Garcia explained he had a satellite o~ce of Herfz Rental Car on his property but has since given them a 30-day notice to vacate the property. Commissioner Koos stated his concerns about the time length, generally he has had trouble understanding the nexus between the land use decisions and the rationale behind the timing of the CUP merely pointing to the ~ease. Generally the Commission has granted the use for 1 year in similar code violation situations where Commission has tried to be sympathetic to the business owner. He was concerned that 27 months is too long of a period of time to accommodate the applicant. Commissioner Bostwick pointed out his ra;ionale is with his lease but also the freeway will not compieted until December 2002 and this permit would expire even before that time. There are certain Caltrans properties that may become available in that area for purchase and the applicant may want to do that or otherwise find another location in the City. They generally looked at 1 year where conditions were much more sensitive or want to keep a closer track on a property. He felt this property does not require that and there is a requirement for monthly Code Enforcament inspections (Condition No.18). Therefore he felt comfortable in going to the end of the lease. City of Anaheim Planning Commission Summary Action Agenda 09-27-99 Page 15 Commissioner Koos was concemed that this vrould give their approval on the activity with respect to the appearance as opposed to sending a message that this is very temporary and they are very serious about seeing that all these conditions are met, aside from the conditions relaEed to the Code. Commissioner Bristol stated they have 60 days to comply with many of the conditions. Chairperson Boydstun stated there is nothing that is going to happen as far as Redevelopment until the freeway is completed and that is not going to be finished until 2002. Commissioner Bristol indicated it appears that the applicant would like to stay in Anaheim and is making an effort to work with the Community Development Department. Commissioner Vanderbilt stated ihere is no CUP that can be produced that allows for that in this setting. Asked the applicant the rationale for not pursuing it early. Greg Hammill stated the applicant has explained how that u~xurred and how he is attempting to mitigate that by removing the rental facility irom his property and has been proactive to try to comply but it takes time. Commissioner Vanderbilt stated this gets back to the issue of violation of stored vehicles overnight. He did not think that Mr. Garcia would want to leave himself open to more violations by continuing those practices. He was just trying to understand the applicanPs reasoning. Richard Garcia said h~ was hoping to receive approval so he can park the cars at Emard Door which is going to cost him an extra $5,000 to $8,000 a month to rent out tFie space. Greg Hastings stated under the conditions of approval on the Emard Door property there is a condition that prohibits outdoor storage of vehicles or vehicular parts. Therefore, any kind of storage on that property would have to be insido the building. Greg McCafferty stated, for the record, they did receive another letter from Morrison and Foerster representing a property owner to the south and west of this property recommending denial of this conditional use permit. Commissioner Koos indicated the staff report had recommended on this project fhat they age~,~ize reclassifying this property and properties nearby from the CH to the CL Zone, which he was in support of. Commissioner Bostwick asked if the Redevelopment Agency had a plan for this area and should it be in sync with whatever they are planning with the whole area. Greg Hastings, Zoning Division Manager, responded t~!at he had spoken with the Redevelopment Agency about this and they are interested in the long run to see this site of Lincoln Avenue, from Euciid to Manchester Avenue, become commercial at some point in time. The obvious zone for that would be the CL Zone. That would entail the Commission to request staff to initiate the reclassification of those properties zoned CH, CG and ML on the north side of Lincoln Avenue between Euclid Street and Manchester Avenue, to the CL Zone. The General Plan for this area is currently commercial and Redevelopment has indicated that they have no intentions of changing that Generai Plan Designation. It City of Anahelm Planning Commission Sumrnary Action Agenda 09-27-99 Page 16 would be approprlate for Commercial Limited Zoning on these properties. Any existing use on any of these properties would be "grandfafhered" the way they are today, unless there are changes made. Commissioner Bosiwick asked if an auto dealership is allowed in the CL Zone. Greg Hastings responded yes, as well ~s the CL, CH and ML Zone. Commissioner Koos asked if th(s is an area that has a Communfty Planning effort existing. Greg Hastings responded he did not recail that this is part of a current study area, but it is a part of the 10- Year Plan. Commissioner Koos offered a motion to direct staff to agendize this possib!a designation of the CG, CH, and ML properties located on the north side ofi Lincoln Avenue from E~.;;~id Avenue to Manchester Avenue to the CL Zone, seconded by Commissioner Bostwick and motion c~~med. ~ • ~• ~ o a • OPPOSITION: No one was present at the meeting in opposition. 1 letter was received in opposition to the request. ACTION: Approved Negative Declaration based on the representation made by the applicant that he will make ofif-site storage arrangements and that his business will be in compliance with Code requirements. Granted Conditional Use Permit No. 4133 (to expire December 31, 2001) with the following changes to the conditions of approval: Deleted Condition Ros. ~3 and 14. Modified Condition Nos. 1 and 22 to read as iollows; 1. That this permit shall expire on December 31, 2001. 22. That Condition Nos.10 and 19, above-mentioned, shall be completed within a period of ninety (90) days from the date of this resolution. VOTE: 5-1 (Commissioner Koos voted no and one vacant seat) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 43 minutes (2:19-3:02) City of Anaheim ?lanning Commission Summary Action A~enda 09-27-99 Page 17 swr~ vn~vsvri~v .~/.fI/I~(I.'~'//' :i/ .f ' ~jp/t/Y/Nl////IAM/YICIYIfif.iA'IW~LYI' . '///'/C/Y/'J./Y%MI1~LI.IRi ACTION: Commissioner Koos offered a motion, seconded by Commissioner Bostwick and MOTION CARRIED (one vacant seat), that the Anaheim City Planning Commission does hereby direct staff to agendize the possible reciassi8catlon of the properties zoned CG, CH and ML located on the north side of Lincoln Avenue from Euclid Avenue to Manchester Avenue to the CL Zone. Clty of Anahefm Planning Commissfon Summary Action Agenda 09-27-99 Page 18 5a. CEQA NEGATIVE DECLARATION Continued to 5b. WAIVER OF ~~JDE REQUIREMENT 10-25-99 5c. CONDITIONAL USE PERMIT N0. 4130 OWNER: Jon M. Dowell, Nancy E. Dowell, Gabriel Pa;in, Vlrginia Patin, Shirley Almand, William U. Almand, Willa Jean Cornett, Wilton B. Abplanalp, Ruth D. Abplanalp, 3335 W. Lincoln Ave., Anaheim, CA 92801 AGENT: Pacific National Development, Attn: AI Marsha11,1041 W. 18th St. #104-A, Costa N1esa, CA 92627 LOCATION: 3335 - 3345 West Lincoln Avenue. Property is 2.98 acres located on the north side of Lincoln Avenue,1,070 feet east of the centerline of Knott Street (Lazy Living Mobile Home Park). To construct a 96-unit' affordable senior citizens apartment complex with waiver of (a) permitted encroachments in setback areas, (b) minimum number of parking spaces, (c) minimum side and rear landscape setback adjacent to one-family residential developments *' (d) maximum structural height, (e) required elevators, (~ minimum floor area, (g) location of required private storage areas, and (h) minimum required affordable units. • Originally advertised as a 104-unit "affordable' sen(or ciAzen's apartment complex. " Advertlsed separately as (a) minimum side yard setback and (b) minimum rear yard setback. Waivers (a), (b), (~, (g), and (h) originally advertised have been subsequently deleted. Continued from Commission meetings of June 21, July 7, Auc~ust 16, and August 30, 1999. I C0~lDITIONAL USE PERMIT RESOLUTION N0. ___ SR6973DS.DOC • ~ • • • • There was no discussion for this matter. Commissioner Bostwick offered a motion for a continuance to October 25,1999, seconded by Commissioner Bristol and motion carried. OPPOSITION: None ACTION: Continued subject request to the October, 1999 Pianning Commission meeting in order to allow the petitioner to meet with various departments and neighborhood representatives. VOTE: 6-0 (one vacant seat) DISCUSSION TIME: This item was not discussed. Cit; of Anaheim Planning Commission Summary Action Agenda 09-27-y9 Page 19 II 6c. CO DETONA oU ERP RuM TENON 122 ~ 10-25-99 OWNER: Vito and Josephine Bucaro, Fred Kimura, Yoshiko Kimura, Allen Wattenberg, Fichard and Enriqueta Wattenberg, Kathy J. Wattenberg, Eugene Pardella, Marie Pardella, William Keough, Patsy Keough and Thakor Desa, 8300 Lexington Road #10, Downey, CA 90241 AGENT: Pacific National Development, Attn: AI Marsha11,1041 West 18th Street #104-A, Costa Mesa, CA 52627 LOCATION: 2240 West Lincoln Avenue. Property is 1.92 acres located on the south side of Lincoln Avenue, 515 feet west of the centerline of Braokhurst Street. To construct a 2-story 56-unit affordable senior citizen's apartment complex with waivers of (a) permitted encroachment into setback areas, (b) minimum structural setback, (c) minimum private recreational - leisure area, (d) minimum floor area, (e) required private storage areas, (~ I minimum pedestrian access and (g) minimum required affordabie units. Continued from the Commission meetings of July 7, August 16, and August 30, 1999. CONDITIONAL USE PERMIT RESOLUTION N0. I SR6972DS.DOC • ~ , ~ ~ ~ ~ Commissioner Napoles offered a motiun for a continuance to October 25,1999, seconded by Commissioner Bostwick and motion carried. OPPOSITION: None ACTION: Continued subject request to the October 25,1999 Planning Commission meeting in order to allow the petitioner to continue to meet with staff and neighborhood representatives to discuss alternatb ~esign options. VOTE: 6-0 (one vacant seat) DIS~USSION TIME: This item was not discussed. City of Anaheim Planning Commission Summary Action Agenda 09-27-99 Page 20 7a. CEQA NEGATIVE DECLARATION Continue~ 76. CONDI7'IONAL USE PERMIT N0.1322 (READVERTISED) 10-11-99 OWNER: Sidney E. Bickel Trust, 5585-B Via Dicha, Laguna Hills, CA 92653 AGENT: Greg Hammill, 414 Fernhill Lane, Anaheim, CA 92807 Sam Govemale, 633 S. East Street, Anaheim, CA 92805 LOCA710N; 633 South East Street. Property is 9.9 acres located on the west side of East Street,182 feet north of the centerline of South Street (Quartz Dealer Direct). To permit and retain an automobile wholesale and retail auction facility. Continued from the Commission meetings of July 19, and September 13, 1999. CONDITIONAL USE PERMiT FtESOLUTION N0. SUMMARY OF DISCUSSION, Applicant's Statement: SR1062V.DOC Greg Hammill, 414 Fernhill Lane, Anaheim, stated they delivered the traffic study late to Mr. Alfred Yalda's office and, therefore, staff felt this item should be continued in order to have time to review the information. Commissioner Bristol offered a motion for a continuance to October 11,1999, seconded by Commissfoner Bristol and motion carried. • e ~ . e • OPPOSITION: None ACTION: Continued subject request to the October 11, 1999 Planning Commission meeting in order to allow staff adequate time to review the recently compieted parking study. VOTE: 6-0 (one vacant seat) DISCUSSION TIME: 2 minutes (1:47-1:49) City of Anaheim Planning Commission Summary Actian Agenda 09-27-99 Page 21 _ _ ~ ADJOURNMENT e,T 3:10 P.M. TO MONDAY, OCTOBER 11,1999 AT 11:00 A.M. FOR FISCAL YEAR 2000/2001 CDBG FUNDlNG REQUESTS PERTAINING TO HISTORICAL PRESERVA710N LAND U3E ISSUES, CODE ENFORCEMENT, AND PLANNING STUDIES. Submitted by: ~~c.~.sz.J Ossie Edmundson, Senior Secretary Received and approved by the Planning Commission on 1~^ 8- 4`~ Clty of Anahefm Planning Commission Summary Action Agenda 09-27-99 Page 22