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Minutes-PC 2000/09/25t '" o ° 'aPN~1MC~`' CITY OF ANAHEIM i * z ° ' PLANNING COMMISSION MINUTES p~VNDED lbyl DATE: MONDAY, SEPTEMBER 25, 2000 MORNING SESSION: Chairperson Koos cafled the Morning Session to order 10:30 a.m. in the Council Chamber. 10:3Q A.M. • Discussion pertaining to churches and schools in Industrial and Residential Zones and related parking Requirements • Discussion pertaining to developing a new procedures resolution for the conduct of Planning Commission Meetings • Staff update to Commission of various City developments and issues (as requested by Planning Commission) • Preliminary Plan Review PUBLIC HEARING: Chairperson Koos called the Public Hearing to order at 1:30 p.m. in the Council Chamber and welcomed those in attendance. 1:30 P.M. • Public Hearing Testimony PLEDGE OF ALLEGIANCE: The Pledge Allegiance was !ed by Commissioner Vanderbilt. COMMISSIONERS PRESENT: STAFF PRESENT: Arnold, Boydstun, Bostwick, Bristol, Koos, Napoles, Vanderbilt Selma Mann Greg Hastings Greg McCafferty Don Yourstone Alfred Yalda Melanie Adams David Gottieb Margarita Solorio Ossie Edmundson Assistant City Attorney Zoning Division Manager Senior Planner Senior Code Enforcement Officer Principal Transportation Planner Associate Engineer Redevelopment Manager Planning Commission Secretary Senior Secretary AGENDA POSTING: A complete copy of the Planning Commission Agenda was posted at 10:30 a.m. on Friday, September 22, 2000, inside the display case located in the foyer of the Council Chambers, and also in the outside display kiosk. PUBLISHED: Anaheim Bulletin Newspaper on Thursday, August 31, 2000. H:\DOCS\CLERICAL\MINUTESWC092500.DOC planningcommissionCa~anaheim.net 09-25-00 Page 1 SEPTEMBER 25, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES ~ ITEMS OF PUBLIC INTEREST: None RECEIVING AND APPROVING THE MINUTES FOR THE PLANNING Approved COMMISSION MEETING OF AUGUST 28, 2000. (Motion) (Vote: 5-0, Continued from Commission meeting of September 11, 2000. Commissioners Bostwick and ACTION: Commissioner Arnold offered a motion, seconded by Chairperson Boydstun abstained) Koos and MOTION CARRIED (Commissioners Bosfinrick and Boydstun abstained), that the Anaheim City Planning Commission does hereby approve the Minutes for the Planning Commission Meeting of August 28, 2000, as amended. „ ------------------------------------------------------------------------------------------------ , RECEIVING AND APPROVING THE MINUTES FOR THE PLANNING Approved I COMMISSION MEETWG OF SEPTEMBER 11,.2000. (Motion) (Vote: 6-0, ACTION: Commissioner Arnold offered a motion, seconded by Chairperson Commissioner Koos and MOTION CARRIED (Commissioner Bostwick abstained), that the Bostwick abstained) Anaheim City Planning Commission does hereby approve the Minutes for the Planning Commission Meeting of September 11, 2000, with the following corrections: On page 17, deleting the parenthetical following the applicanYs name indicating his disability. On page 19, adding to Commissioner's Bristol comments that the hardship was tied to findings. " 09-25-00 Page 2 SEPTEMBER 25, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES " 'l. REPORTS AND RECOMMENDATIONS A. a) CEQA CATEGORICAL EXEMPTION-CLASS 21 b) CONDITIONAL USE PERMIT NO. 3790 (CUP TRACKING NO. 2000-04257 - REQUEST INITIATION OF REVOCATION OR MODIFICATION PROCEEDINGS: City-initiated (Code Enforcement Division), 200 South Anaheim Boulevard, Anaheim, CA 92805, request to initiate modification or revocation proceedings for Conditional Use Permit No. 3790 (to permit a tree service contractor's storage yard and a modular office building with waiver of a) minimum yard area abutting a public street, b) required screening of outdoor uses). Property is located at 1514 West Broadway. Approved Initiated revocation or modification proceedings (Vote: 7-0) ACTtON: Commissioner Boydstun offered a motion, seconded by Commissioner Arnold and MOTION CARRIED, that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falls within the definition of Categorical Exemptions, Class 21, as defined in the State EIR Guidelines and is, therefore, categorically exempt from the requirements to prepare an EIR. " Greg McCafferty, Senior Planner, introduced this item stating this is a City-initiated request to consider revocation or modification proceedings for Conditional Use Permit No. 3790 for property located at 1514 West Broadway (B&J Tree Service). „ Commissioner Boydstun offered a motion, seconded by Commissioner Arnold and MOTION CARRIED, that the Anaheim City Planning Commission does hereby direct staff to initiate the revocation or modification proceedings for Conditional Use Permit No. 3790 based on the evidence as presented in the Code Enforcement memorandum attached to the September 25, 2000 staff report. SR1060TW.DOC 09-25-00 Page 3 SEPTEMBER 25, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES ~ B. a) CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) b) CONDITIONAL USE PERMIT NO. 4141 (CUP TRACKING NO. 2000-04260 - REQUEST FOR DETERMINATION OF SUBSTANTIAL CONFORMANCE: Kevin Parker, Swain Sign Company, 1384 East Fifth Street, Ontario, CA 91764, request for determination of substantial conformance with previously-approved plans and Stadium Crossings Sign Program for modifications to wall signs. Property is 2005 East Katella Avenue (Denny's Diner). Approved Determined to be in substantial conformance (Vote: 7-0) ACTION: Commissioner Bristol offered a motion, seconded by Commissioner Arnold and MOTION CARRIED, that the Anaheim City Planning Commission does hereby determine that the previously- approved Negative Declaration is adequate to serve as the required environmental documentation for subject request. Commissioner Bristol offered a motion, seconded by Commissioner Arnold and MOTION CARRIED, that the Anaheim City Planning Commission does hereby determine that the revised sign plans are in substantial conformance with previously-approved sign plans and in conformance with the previously-approved Stadium Crossings Sign Program. SR1062TW.DOC Greg McCafferty, Senior Planner, introduced this item stating this is a request for a determination of '~ substantia{ conformance with previously-approved sign plans and the Stadium Crossing Sign Program for revised wall plans for the Denny's Diner Restaurant for property located at 2005 East Katella Avenue. t, 09-25-00 Page 4 SEPTEMBER 25, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES ~ C. a) CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) b) CONDITIONAL USE PERMIT NO. 4104 (CUP TRACKING NO. 2000-04273 - REQUEST FOR RETROACTIVE EXTENSION OF TIME: David Rose, 3870 La Sierra Avenue, Suite 193, Riverside , CA 92505, request for a retroactive extension of time in order to comply with conditions of approval (to permit the conversion of the service station auto repair/cashier building into a convenience market with retail sales of beer and wine for off - premises consumption with waivers of (a) continuation of non- conforming billboards and (b) minimum landscaped setback adjacent to an arterial highway). This petition was originally approved on May 4, 1999 and to expire on May 4, 2000. Property 3101 East La Palma Avenue (Arco Service Station). ACTION: Commissioner Bristol offered a motion, seconded by Commissioner Arnold and MOTION CARRIED, that the Anaheim City Planning Commission does hereby determine that the previously- approved Negative Declaration is adequate to serve as the required environmental documentation for subject request. Commissioner Bristol offered a motion, seconded by Commissioner Arnold and MOTION CARRIED, that the Anaheim City Planning Commission does hereby approve a one-year retroactive extension of time for Conditional Use Permit No. 4104 (CUP Tracking No. 2000- 04273) to expire on May 4, 2001, based on the following: „ (i) That this first extension of time will not extend the approval beyond 2 extensions of time, with each extension not to exceed one year as specified in Resolution 99R-86 of Conditional Use Permit No. 4104. Approved Approved (To expire 5-4-2001) (Vote: 7-0) (ii) That the approval of Conditional Use Permit No. 4104 remains consistent with the General Plan and the zone district designation for the property. (iii) That no Code amendments have occurred that would cause the approval to be considered inconsistent with the Zoning Code, nor has the petitioner submitted plans that would render the project inconsistent with the existing Zoning Codes. (iv) That the property has been maintained in a safe, clean, and aesthetically pleasing condition with no outstanding Code vio(ations or complaints affecting the property, as confirmed by an inspection of the subject property by the Code Enforcement Division. (v) That there are no additional information or changed circumstances which contradict the facts necessary to support one or more of the required findings for approval of Conditional Use Permit No. 4104. ~J KB.DOC 09-25-00 Page 5 SEPTEMBER 25, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES „ Greg McCafferty, Senior Planner, introduced this item stating this is a request for a retroactive extension of time for Conditional Use Permit No. 4104 in order for the applicant to comply with conditions of approval for property located at 3101 East La Palma Avenue (Arco Service Station). '~ " 09-25-00 Page 6 SEPTEMBER 25, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES ~ D. a) CEQA EXEMPTION SECTION 15061(b)(3) Concurred w/staff b) VARIANCE NO. 4349 (VARIANCE TRACKING NO. 2000-04410) Approved - REQUEST FOR RETROACTIVE EXTENSION OF TIME: Donna Currie, 7570 E. Martella Lane, Anaheim, CA 92808, (To expire 6-7-2001) request for retroactive extension of time in order to comply with conditions of approval for Variance No. 4349 (waiver of minimum front yard setback to construct a 485 square foot garage addition (Vote: 7-0) to an existing single-family residence). This petition was originally approved on June 7, 1999 and expired on June 7, 2000. Property is located at 7570 E. Martella Lane. ACTtON: Commissioner Boydstun offered a motion, seconded by Commissioner Arnold and MOTION CARRIED, that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falls within the definition of CEQA Exemption Section 15061(b)(3), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare an EIR. Commissioner Boydstun offered a motion, seconded by Commissioner Arnold and MOTION CARRIED, that the Anaheim City Planning Commission does hereby approve the request for a one-year retroactive extension of time for Variance No. 4349 (VAR Tracking No. 2000-04410) to expire on June 7, 2001, based on the following; '~ I. That the proposed plan remains in conformance with the current Zoning Code and General Plan land use designation, and that there are no current Code violations on this property. II. That this first request for an extension of time will not extend the approval beyond 2 extensions of time, with each extension not to exceed one year as specified in Resolution No. PC99-104 of Variance No. 4349. III. That no Code amendments have occurred that would cause the approval to be considered inconsistent with the Zoning Code, nor has the petitioner submitted plans that would render the project inconsistent with the existing Zoning Code. IV. That the property has been maintained in a safe, clean, and aesthetically pleasing condition with no outstanding Code violations or complaints affecting the property. V. That there is no additional information or changed circumstances which contradict the facts necessary to support one or more of the required findings for approval of Variance No. 4349. SR7821 VN.DOC '~ 09-25-00 Page 7 SEPTEMBER 25, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES ~~ E. a) CEQA EXEMPTION SECTION 15061(b)(3) b) REQUEST FOR PLANNING COMMISSION INITIATION OF RECLASSIFICATION PROCEEDINGS: City-initiated (Community Development Department), 201 South Anaheim Boulevard, Anaheim, CA 92805, request to consider initiation of reclassification proceedings from the RM-1,000 and RM-1,200 (Residential, Multiple-Family) Zones to the RS-A-43,000 (Residential/Agricultural) Zone. Property is located at 2951-2961 West Lincoln Avenue. Approved Initiated reclassification proceedings (Vote: 7-0) ACTION: Commissioner Arnold offered a motion, seconded by Commissioner Bostwick and MOTION CARRIED, that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falls within the definition of CEQA Exemption Section 15061(b)(3), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare an EIR. Commissioner Arnold offered a motion, seconded by Commissioner Boydstun and MOTION CARRIED, that the Anaheim City Planning Commission does hereby initiate the reclassification of this property from the RM-1,000 and RM-1,200 zones to the RS-A-43,000 zone. R1063TW.DOC Greg McCafferty, Senior Planner, introduced this item stating this is a City-initiated request by the " Community Development Department. They are requesting that Commission consider initiation of reclassification proceedings for property located at 2951-2961 West Lincoln Avenue from the RM- 1,000 and RM-1,200 (Residential, Multiple-Family) Zones to the RS-A-43,000 (Residential/Agricultural) Zone. Applicant's Statement: Phillip Schwartze stated he is representing one of the two property owners that are part of the consideration that has been offered by the Redevelopment Agency. They were not advised of this item on the agenda until Friday aiternoon. They have been working carefully with the Planning Department and Redevelopment Agency for approximately three years trying to find a solution to the problems that are well known about that site, and suddenly this has occurred. While this has been going on they have put the property in contract and the person representing that group was present in the audience. There is a General Plan Amendment zone change, etc. coming before Commission in the near future for consideration. In the meantime, the City has commissioned an environmental study, which is ongoing. The results should be out sometime next month or so. He felt that this it is premature to take an action on the property when they know that within the next month or so there will be a full presentation on this and they will have an environmental study available. He requested that this item not be agendized and wait until all the information is available to Commission before a decision is made, recognizing that this property has an approved final map. A portion of the property has already been built on, which are existing apartments. The zone change down to RS-A-43,000 would further confuse the issue beyond what it is now. " Shawn Boyd stated they are currently under contract to purchase the property. They provided to the Commission members a tentative conceptual site plan and elevations, which is what they are 09-25-00 Page 8 SEPTEMBER 25, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES " moving forward with at this time. They are currently in the pre-file process for a General Plan Amendment and zone change only for the Lincoln frontage. The balance of the property, approximately 22 acres, is currently zoned and entitled for the use they are proposing. He requested that Commission "table" this item until their process has moved forward. He felt it is a violation of their due process to move forward at this time. They were surprised to receive a call at 4:00 p.m. on Friday to learn that this action is being initiated. Chairperson Koos stated that there was a presentation at the morning session on this and there was a lengthy discussion. There is no action being taken today regarding the actual land use designation. He asked staff to comment on Mr. Schwartze's request that this item be delayed until after the environmental studies are completed and wondered what kind of impact would that have on staff's recommendation. Commissioner Boydstun indicated the RS-A-43,000 Zone is basically a"holding pattern" and that is where they need to be until all the environmental studies are completed. Commissioner Arnold's understanding is that this is the basis for staff's recommendation to put it in a"holding pattern" until the appropriate uses, based on the environmental studies, can be identified. The goal is not to establish any particular long term zoning pattern for the property, but merely to put that decision off until such time as there is more detailed environmental studies. Chairperson Koos stated that it seems this could have been foreseen some time ago and perhaps action taken before preliminary plans were submitted to the City assuming that they could build, by right, a project based on the zoning, understanding that there are particular environmental issues related to this property that are unique. It is misleading, to have a zoning code classification and " indicate to the applicant that they do not want them to do that there. If that is the case then the zoning should be changed accordingly well in advance before an applicant goes to the trouble of preparing plans. It is unfortunate that this has occurred. At the same time, Community Development staff is recommending a public hearing in approximately 4 weeks. Phil Schwartze explained that staff has never had any conversation with them on this at all. The only thing they know is that they have an approved project, it is in the correct zone, and the environmental study will determine whether it will be able to support the project. If that zoning is taken away they have an approved final map, appropriate General Plan designation and wondered where they are at that point. He wondered whether he would need to return for a zone change because an existing non-conforming use has been created and felt this action does not make any sense and is not right. David Gottlieb, Redevelopment Manager, Community Development Department, felt that Commissioner Arnotd summed it up very well. They are not attempting to preclude any use on the property in the future. They are attempting to put the property in the RS-A-43,000 zoning classification which would allow for a full study of the property to be done. He also agreed with Chairperson Koos' statement that perhaps this could have been done previously. They now have a pre-file application filed with the City for 510 apartment units, a portion of which are in commercially designated land in the property, and not fully entitled as the applicants indicated. There are some things that need to be taken care of. He agreed that this is probably somewhat confusing, but what they are indicating at this point is rather than to add to the confusion that they can initiate the rezoning of this property to the RS-A- 43,000 Zone until all the issues related to environmental issues are evaluated. They are actually indicating that rather than moving forward now that they put the property in the zoning classification that would allow them to get the matter clarified before moving forward. " 09-25-00 Page 9 SEPTEMBER 25, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES ~' Commissioner Arnold was also disturbed by in the process and shares the concern with the applicants with the manner which this came up. His understanding is that at this point Commission is only considering the initiation of a hearing on the reclassification. The environmental condition of land in Anaheim is an important basis for the appropriate land use and, therefore, something that the Commission should be considering which he felt is sufficient to put this issue forward to Commission in a hearing. „ ~~ 09-25-00 Page 10 SEPTEMBER 25, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES ', OWNER: State of California (Caltrans), Attn: Daniel J. Hing, 3347 Michelson Drive, Suite 100, Irvine, CA 92612 AGENT: Hardin Honda, Attn: Dennis Hardin, 1381 Auto Center Drive, Anaheim, CA 92806 LOCATION: Auto Center Drive/Caltrans Riqht-of Wav. Property is 0.11 acre and is a portion of the SR-57 (Orange) Freeway right-of-way located at the southeast corner of Ball Road and the SR-57 northbound off-ramp and north of the Anaheim Auto Center. PUBLIC HEARING ITEMS: 2a. CEQA NEGATIVE DECLARATION 2b. WAIVER OF CODE REQUfREMENT 2c. CONDITIONAL USE PERMIT NO. 2000-04250 Continued to 10-9-2000 To construct an employee parking lot for an existing automobile dealership with waiver of (a) permitted encroachment into required yards and (b) parking lot landscaping. ~ CONDITIONAL USE PERMIT RESOLUTION NO. Commissioner Boydstun offered a continuance to October 9, 2000, seconded by Commissioner Napoles vote taken and motion carried. SR1061TW.DOC FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. j OPPOSITION: None ACTION: Continued subject request to the October 9, 2000 Planning Commission meeting as recommended by staff to allow adequate time for the petitioner to revise plans to meet Code requirements pertaining to the minimum parking lot landscaping. The petitioner concurred with staff's recommendation to continue this item. VOTE: 7-0 DISCUSSION TIME: This item was not discussed. ~' 09-25-00 Page 11 SEPTEMBER 25, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES ~ 3a. CEQA CATEGORICAL EXEMPTION-CLASS 1 3b. WAIVER OF CODE REQUIREMENT 3c. CONDITIONAL USE PERMIT NO. 3042 (CUP TRACKING NO. 2000-04251) Continued to 10-9-2000 OWNER: The Roman Catholic Bishop of Orange, 5800 East Santa Ana Canyon Road, Anaheim, CA 92807 AGENT: Andrade Architects, Attn: Stan Andrade, 24501 Del Prado, Suite D-1, Dana Point, CA 92629 LOCATION: 5800 East Santa Ana Canvon Road. Property is 6.0 acres located at the southwest corner of Santa Ana Canyon Road and Solomon Drive (San Antonio Catholic Church). To permit and construct a two-story religious education building in conjunction with an existing church with waiver of required parking lot landscaping. -L_J CONDITIONAL USE PERMIT RESOLUTION NO. SR7764KB.DOC Commissioner Bristol offered a motion for continuance to October 9, 2000, seconded by Commissioner Boydstun vote taken and motion carried. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. ' OPPOSITION: None ACTION: Continued subject request to the October 9, 2000 Planning Commission meeting in order to readvertise the project to include an additional waiver pertaining to permitted roof-mounted equipment. VOTE: 7-0 DISCUSSION TIME: This item was not discussed. ~~ 09-25-00 Page 12 SEPTEMBER 25, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES " 4a. CEQA CATEGORICAL EXEMPTION-CLASS 5 4b. WAIVER OF CODE REQUIREMENT 4c. CONDfT10NAL USE PERMIT NO. 2000-04252 Concurred with staff Approved Granted OWNER: Lester E. Tjelmeland, 18621 Arc Way, Yorba Linda, CA 92886 AGENT: Jeffrey C. Jonsson, 22365 EI Toro Road #150, Lake Forest, CA 92630 LOCATION: 1420 and 1426 North Burton Place. Property is 1.16 acre focated on the east side of Burton Place, 345 feet south of the centerline of Via Burton Street. To permit the retail sale and installation of tires and wheels in conjunction with a wholesale tire warehouse with waiver of minimum number of parking spaces. " ~. CONDITIONAL USE PERMIT RESOLUTION NO. PC2000-110 SR7823KP.DOC Greg McCafferty, Senior Planner, introduced this item stating this is a request to permit the retail sale and installation of tires and wheels in conjunction with a wholesale tire warehouse with waiver of minimum number of required parking spaces for property located at 1420 and 1426 North Burton Place. Chairperson Koos asked if the applicant was present. There was no response and therefore this item was trailed and heard after item no. 5. Greg McCafferty, Senior Planner, reintroduced this item. Applicant's Statement: Jeff Jonsson, representing Santa Ana Wheel, 22372 Estalins in Mission Viejo, felt that the site is appropriate because of the storage facility and outside storage. Parking should not be an issue since they will not be using all the office because it happens to be an auxiliary use for the building. THE PUBLIC HEARING WAS CLOSED. Commissioner Bristol asked if they were keeping the razor wire around the storage area. Jeff Jonsson replied it will be taken away from the trash enclosure, but it wi(I be ieft around the storage area for security reasons. Commissioner Vanderbilt asked what signage is permitted since it is adjacent to the freeway and what will be posted. Greg McCafferty explained that Code allows 10°/a of any wall elevation. In the IDC (Inter Departmental Committee) meeting, the applicant indicated they will take advantage of one elevation that faces the on- ramp and provide wall signage. Greg Jonsson, 2029 Orangewood Avenue, is Buyer's Broker. They would like as much signage as possible. 09-25-00 Page 13 SEPTEMBER 25, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES ', Commissioner Vanderbilt indicated that the letter of operation states they do not expect a lot of public use and that is why they are requesting lower parking needs, yet, he wants to maximize signage and asked what the signage is. He would understand if it read, "tires.com". Greg Jonsson stated it would read, "SantaAnaWheel.com". He is not looking to expand his retail operation, but simply wants people to know about it. Commissioner Vanderbilt asked clarification from staff what the owner is allowed to use as the verbiage. Commissioner Bostwick explained that the applicant cannot advertise something that is not on that property. It has to be his company that he advertises on the property. Greg Hastings, Zoning Division Manager, confirmed that was correct. It has to advertise either a service or product available on-site. Greg McCafferty advised there is a condition of approval that requires staff review signs, if staff feels it is excessive or does not identify the business, then they can bring it back to Commission. Commissioner Vanderbilt stated it is philosophical because there are some businesses that have signage to not only identify their location, but more as advertising reinforcement. He thought that is different than the intent is of having signage on a building so that someone can find it. This application indicated there is a need for less parking, finding building is less critical because of the nature of the business involved. Chairman Koos stated that it is more relevant when they are talking about a discretionary issue, but he is putting up a sign that is within the Code. '~ Commissioner Arnold felt they need to be cautious about regulating content of signage since that gets into free speech issues and areas that require careful treading. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Concurred with staff that the proposed project falls within the definition of Categorical Exemptions, Class 5, as defined in the State EIR Guidelines and is, therefore, categorically exempt from the requirements to prepare an EIR. Approved Waiver of Code Requirement. Granted Conditional Use Permit No. 2000-04252 subject to the conditions of approval listed in the staff report. VOTE: 7-0 Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 7 minutes (2:43-2:50) ~, 09-25-00 Page 14 SEPTEMBER 25, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES " 5a. CEQA NEGATIVE DECLARATION 5b. WAIVER OF CODE REQUIREMENT 5c. CONDITIONAL USE PERMIT N0. 2000-04253 Approved Denied Denied OWNER: Corporation of the Presiding Bishop of the Church of Jesus Christ of the Latter Day Saints, 50 East North Temple Street, Salt Lake City, Utah 84150 AGENT: Shirl Cornwall or Kent Cornwall, 234 North EI Molino Avenue, Pasadena, CA 91101 LOCATION: 1518 West Westmont Drive. Property is 0.29 acre located on the south side of Westmont Drive, 355 feet east of the centerline of Loara Street. To permit and construct a parking lot for an existing church with waiver of (a) institutional uses adjacent to residential zones and (b) minimum parking lot landscaping. CONDITIONAL USE PERMIT RESOLUTION NO. PC2000-111 SR7822KP.DOC Greg McCafferty, Senior Planner, introduced this item stating this is a request for a conditional use permit to permit and construct a parking lot expansion for an existing church with waivers of institutional uses '~ adjacent to residential zones and minimum parking lot landscaping. This property is located at 1518 West Westmont Drive. Applicant's Statement: f~ Shirl Cornwall, architect, 234 North EI Molino Avenue, Pasadena, stated he has been hired by the church to implement the process so they can construct this parking lot, adding to their existing parking. The goal of the church to take cars off of the street. They want to be good neighbors and are willing to pay upwards of $20,000 per parking stall to accomplish this. The lot under consideration is 12,675 square feet of that space, 35% will be planted (or 4,485 square feet). The yard setbacks are 25 feet in front, 15 feet on the east side and are asking for an average of 6 feet in the rear of the property. The property will have a 6-foot high block wall in both the rear and the east side separating the residential properties. There will be adequate planting in front of those walls. There are two issues regarding waivers that they are requesting which staff is recommending a denial. The first is the rear yard setback. The purpose of the 15 feet requirement in the ordinance is to protect the neighbors which they understand. A 6-foot block wall will be erected so that at ground level the neighbors will not be able to see the new parking area or any part of it. A couple of homes on the rear are two-story homes and from their upper windows there would be a view into the parking area if they look down. The residents have an unusual property line configuration. The view from the second story on the new lot is not much different than they are from the existing lots. The setback, which averages 6 feet, will be heavily planted with trees that will further shield the view from the upper story windows. Planting is a consideration for 15 feet of planting versus the 6 feet that they are asking for. The lot will have 35% planting which is an overabundance for that lot, which they do not consider to be a problem. 09-25-00 Page 15 SEPTEMBER 25, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES t, Noise that would transfer over the wall should not be a problem at 2 decibeis. They feel that rear yard conditions wouid be very beneficial because if it is not granted they would then loose two parking spaces, which then would put two cars on the street. The configuration of the parking lot on one side are 15 cars and on the other are 13 cars. There will be 35% landscaping in that total yard. It seems redundant to remove two parking stalls to provide landscaping which does not seem to be needed. By granting the two waivers each will take two cars from the street (total of 4) and will help elevate a parking situation. Doug Hampton, 685 North Helena Street, Anaheim, acknowledge that they received a copy of a letter that was sent to the City regarding issues that a neighbor (Paula Eberhardt) had with their property and would address those issues later in order to avoid being redundant. Public Testimony: Paula Eberhardt, 1500 Westmont Drive, stated she is the neighbor next door to the proposed parking lot. She indicated that Commission had received a copy of her letter, which included two photos. She objected to the proposed parking lot and asked that Commission deny. It is going to affect her family's health and safety including several areas of the neighborhood. She felt it would add to the noise and traffic congestion to the neighborhood. The applicant needs to do something about the on-street parking, but does not feel they have gone through all the other alternatives. There are other lots on both sides of the street which there does not seem to be much parking in those lots. Therefore, she has a hard time believing that agreements were made with either the school or the shopping center, but has not '~ discussed that directly with the church. She is concerned with their safety due to the difficulty seeing beyond the parked cars on the street. When she checked into their permits she found that there is not a valid permit for the Westmont driveway and is asked that if there is no permit then they should close the gates because it would take a lot of traffic congestion off of Westmont. Loara is much more commercial and could handle that traffic. The landscape buffer is a small Boxwood hedge which does not seem to be what was on the original permit. She wondered if a problem occurred who would enforce it if this permit were approved. There are security gates, but they are not closed at night. The gate on the Loara side is kept closed which causes all the traffic on Westmont. She would like to see the gates closed at night to provide more security. She felt there should have been an engineering study completed before there was an opening on Westmont Drive. The information in the letter of operation indicates the following: A ward = 100 families X 50% 50 cars A meeting house X 2-3 wards 150 cars max. A stake house X 3-4 meeting houses 450-600 cars She felt they could schedule a few functions throughout the day, but there are still going to be cars overlapping. She is in favor of a parking lot, but not one next door to her home which is a Residential Low- Density area. She would like to see the church make other arrangements, but has also seen how this has occurred in the past. {f this is approved she would like to see the block walls match ("pink" colored brick used in the area), " and no coniferous trees be allowed. Pine needles are very messy and are difficult to pick up by the 09-25-00 Page 16 SEPTEMBER 25, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES ', gardeners. She requested that the orange tree, in the back yard, remain. It produces little fruit, which the ApplicanYs Rebuttal: Doug Hampton stated there would be a 6-foot fence. As people drive in they will "head" in when they park and will not back in so that exhaust is vented to the rear of the car. They feel that they are addressing the safety issue by removing the cars off the street. The letter, from Ms. Eberhardt, received stated that there were 51 cars parked on the street. He explained that it was during their State conference which occurs twice a year in September and January. This additional parking would give them room for overflow. They currently use 157 parking spaces for a church service. There are 3 wards and a branch that meet in their building, 628 members attend that building out of 2,743 members of the church in Anaheim. The Westmont gate has been in existence since it was the building was built. He was not aware of the issue of whether it was permitted or not. It was originally used as the construction entrance when the building was constructed. The elementary school constructed across the street has aligned their driveway with theirs on Westmont so they can use their parking lot for overflow and could reciprocate in the same way by letting the church use their parking lot as overflow. According to their blueprint, the school will have 76 additional parking spaces across the street. The use of the parking lot that they requested will only be impacted by approximately 12 cars weekly out of 27 parking spaces. They have asked members during their State conferences to team up as much as possible in order to reduce the amount of cars. ', The gates were installed when Wal-Mart was built in the Anaheim Plaza. They had burglaries occurring weekly when Wal-Mart was opened and found it necessary to have a security guard on their facility for a year. The gates were permitted and installed and they have kept Loara closed. He is at the building twice a week at night, generally until 10:00 p.m., and usually one of the last people out of the parking lot. They also have someone do a security check at 10:00 p.m. He is not aware of problems with crowds or people hanging out. They have a gardener that come weekly. Their buildings are well maintained. Commissioner Vanderbilt asked if the fence on Westmont is left open. Doug Hampton responded that they do not lock the Westmont gate because they have seminary that starts early in the morning. They keep that gate open so that those that work in the family history center can have access. Due to safety issues they do not want those people to open and close the gates. Commissioner Arnold thought that he indicated that they had security at night and if so then that person could lock the gates. Doug Hampton explained that they have someone who comes and checks the building every evening to ensure that it is secured. If they had someone lock the gates at night then they would need to have them unlocked in the morning which they do not have staff to do that. Commissioner Boydstun stated that she would like to see the Westmont gate locked at night and cannot vote for it unless that is added as a condition of approval. Doug Hampton stated that he is not aware of any police reports or problems regarding that area, but if it is an issue then they are willing to help out in that way. He indicated that the Loara side is closed and it remains closed all the time. " Commissioner Bristol asked if there is any time during the year when they use the facility in the evening and have more parking problems or situations than they do on Sundays. gardeners can pick up and requires little water. 09-25-00 Page 17 SEPTEMBER 25, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES t, Doug Hampton explained that they have an anniversary banquet once a year and perhaps one another occasion. Every three to four years they may have a larger event, but not very often. Commissioner Vanderbilt asked Mr. Hampton whether this parking expansion resolves the parking problem because they just had the State conference and the testimony along with the photos indicated what appears to be more cars than their lot with the expansion could accommodate. Doug Hampton replied the use of the parking lot when the elementary school is completed would take care of the overflow for State conferences for those occasions which are three to four times a year when they have a real issue regarding parking. Commissioner Vanderbilt asked if that was a formal agreement with the school. Mr. Hampton replied that was. They have spoken with Anaheim Plaza, but due to the lease agreements that they have with their tenants they are not allowed to let the church use their parking lot. The lot that the new elementary school built was for their disposal, which they did use, but the school has purchased that and they have asked the applicant to reciprocate with the use of their parking of which they are doing now for construction. It is agreed on that on Sundays, if need be, they could use their additional parking. Also the school has no egress on Loara. They have used Westmont for the entry of the school and he was not aware of any issue brought up regarding that. He thought the 600 children that are going to attend that elementary school would be a much larger impact on that neighborhood than the 27 parking stalls that they are asking for. Commissioner Vanderbilt felt that the issue is whether there is a way to ensure parking is accommodated and then to go further to see if there are means to accommodate parking that could be obtained without " creating this larger parking space. Doug Hampton stated that they have 3 wards consisting of approximately 150 families. There are 3-hour blocks of time. They have 4 schedules, so there is an hour overlap in each of those instances. They start at 9:00 a.m. and end at 5:00 p.m. Commissioner Bristol asked for a show of hands from the audience to get a sense of how many people were in favor of the project, against the project or church members. Majority present for this item were church members in favor of the project (approximately 35). Commissioner Bristol thought Commissioner Vanderbilt had a valid concern of the taking of a single-family residence away for a parking lot when there could be other mitigation measures. This is a use that is impacting a neighborhood. He wondered whether it was more prudent to try to mitigate this with the new school rather than encroaching on a single-family residence. Chairperson Koos felt that to encroach into the east with a parking lot into what has been traditionally a single-family neighborhood is not good planning. The residents who purchased a home in an area that had a single-family character would reasonably expect that it would continue to remain single-family in nature. It simply does not make sense and, therefore, he cannot support this proposal. This is a land use issue and he does not want to see this encroaching on a single-family neighborhood. Doug Hampton stated they are trying to mitigate one of the neighbor's complaints that they have been encroached upon and cannot get in or out of their driveway. Although he is not certain that is actually the case because he arrives at 7:00 a.m. and usually leaves at 12:00 noon and does not usually see that many cars in the street. However, if that is an issue then he would think that the parking lot would be welcomed. " Commissioner Arnofd stated thai part of the reason that neighbors are experiencing a problem is because it appears that their use of the church property has expanded far beyond the capacity of that parcel to 09-25-00 Page 18 SEPTEMBER 25, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES ', accommodate it. Simply because people are illegally parking in front of someone else's driveway does not seem a good reason to approve a different activity that is going to have adverse impacts on the local community. The law prohibits them from approving a conditional use permit if they find that the use will have adverse impacts on the surrounding community. Mr. Hampton asked even if the "surrounding community" would be one resident? There has only been one negative comment regarding the use of that property. Commissioner Koos explained to Mr. Hampton that Commission does not judge a project simply by the amount of people present at the public hearing, but by laws and established guidelines related to land use issues. THE PUBLIC HEARING WAS CLOSED. Commissioner Boydstun asked whether the RS-10,000 Zone would need to be changed in order to make a parking lot out of it. Greg Hastings explained that they are considered accessory uses to a church and are_permitted in most zones in the City by a conditional use permit. This is an accessory use to the church but it would be permitted, if Commission approves it. Commissioner Arnold stated that paragraph no. 10, of the staff report, mentions two congregations, although he heard three congregations up to 628 members and wanted to verify that this was a correct understanding on the basis of what the applicant is representing. The other question has to do with the closing of the gates on the Westmont access and whether that is a required condition. " Greg McCafferty replied that it is a very old resolution and staff could take a look at it to see if that was a condition, but his understanding was that when the church was originally approved it did not have the driveway. In the 1970's when they returned with revised plans the driveway was on the exhibit. In their letter of operation it indicates under building utilization that the day-to-day meeting house would be used by 2 to 3 wards daily. Commissioner Arnold stated that he wanted to make it clear for the record that they are discussing a fairly significant use of this property by the church, as the applicant indicated, considerable overlap as well. Chairperson Koos stated for the record that they received a letter from Mr. Gary Miller regarding the operations which is on file. Alfred Yalda, Principal Transportation Planner, verified that the letter is part of the previous file. Commissioner Bostwick felt that it is a good idea that they expand their parking. They are trying to be a good neighbor and improve the conditions in the neighborhood and keep the cars off the street. He agrees that the gate should be closed in the evening. It might take some type of electrical control, but it could be a condition. He thought it is a good idea and is in favor of the gate closing. Commissioner Bristol stated he was concerned with the use of the new parking lot to be used in the evening due to the lighting which would be difficult to enforce. Commissioner Boydstun asked if this will be accessed from the existing lot or will another driveway be put in. Doug Hampton stated it is a horseshoe design and will be accessed through the existing parking lot. They intend not to use it in the evenings when there are no parking issues, it is only on Sundays and for State " conferences twice a year, but the school parking will be made available in about a year. 09-25-00 Page 19 SEPTEMBER 25, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES ', Commissioner Boydstun suggested they install a chain across it except for Sundays. Commissioner Bristol understands their logic, but is going to vote against it because of the concern regarding encroachment. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: 1 person spoke and submitted a letter opposing the proposed project. ACTION: Approved Negative Declaration (Vote 4-3, Commissioners Koos, Napoles and Vanderbilt voted no) Denied Waiver of Code Requirement (Vote: 7-0) Commissioner Boydstun offered a resolution for approval of Conditional Use Permit No. 2000-04253 with changes to conditions of approval and THE RESOLUTION FAILED TO CARRY with the following vote: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, NAPOLES NOES: COMMISSIONERS: ARNOLD, BRISTOL, KOOS, VANDERBILT ABSENT: COMMISSIONERS: NONE Commissioner Bristol offered a resolution for denial of Conditional Use Permit No. 2000- 04253 and THE RESOLUTION PASSED with the following vote: " AYES: COMMISSIONERS: ARNOLD, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: BOSTWICK, BOYDSTUN ABSENT: COMMISSIONERS: NONE Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 1 hour (1:42-2:42) „ 09-25-00 Page 20 SEPTEMBER 25, 2000 CITY OF ANAHEIM PLANNING COMMISSfON MINUTES ', 6a. CEQA CATEGORICAL EXEMPTION-CLASS 32 6b. CONDITIONAL USE PERMIT NO. 2000-04254 Withdrawn OWNER: Knott Avenue Christian Church, Attn: Sharon Pierce, 315 South Knott Avenue, Anaheim, CA, 92804 LOCATION: 315 South Knott Street. Property is 5 acres located on the west side of Knott Street, 845 feet north of the centerline of Orange Avenue (Knott Avenue Christian Church). To permit two (2) modular buildings to be used for classrooms in conjunction with an existing preschool and church. CONDITIONAL USE PERMIT RESOLUTION NO. SR2037DS.DOC Commissioner Boydstun offered a motion for a withdrawal, seconded by Commissioner Boydstun vote taken and motion carried. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. ~, OPPOSITION: None ACTION: Commissioner Boydstun offered a motion, seconded by Commissioner Bristol and MOTION CARRIED, that the Anaheim City Planning Commission does hereby accept staff's request for withdrawal of Conditional Use Permit No. 2000-04254. VOTE: 7-0 DISCUSSION TIME: 1 minute (1:39-1:40) ~~ 09-25-00 Page 21 SEPTEMBER 25, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES ', 7a. CEQA NEGATiVE DECLARATION (PREVIOUSLY-APPROVED) Approved 7b. CONDITIONAL USE PERMIT NO. 3935 Approved reinstatement (CUP TRACKING NO. 2000-04255) for 1 year (after issuance of certificate OWNER: M&M Invesco Inc., 6732 Westminster Boulevard, of occupancy) Westminster, CA 92683 AGENT: Bhikhu Patel, 6732 Westminster Boulevard, Westminster, CA 92683 LOCATION: 1125 North Maqnolia Avenue. Property is 1.5 acre located on the west side of Magnolia Avenue, 280 feet north of the centerline of La Palma Avenue (Magnolia Plaza Office Building). To consider reinstatement of this permit which currently contains a time limitation (reinstated on August 2, 1999, to expire July 21, 2000) for a previously-approved 2,876 square foot restaurant and 5,760 square foot banquet facility with on-premises sale and consumption of alcoholic beverages. CONDITIONAL USE PERMIT RESOLUTION NO. PC2000-112 ~~ SR2036DS.DOC ~ Greg McCafferty, Senior Planner, introduced this item stating this is a request to consider reinstatement of this permit for a previously-approved restaurant and banquet facility at 1125 North Magnolia Avenue. Irv Pickler stated he is representing Bryan Industrial Properties who owns over 100,000 square feet of industrial building to the east of subject property. They are not opposed to the project, and support staff's recommendations and conditions of approval on the project. THE PUBLIC HEARING WAS CLOSED. • • ~ ~- ~ ~ • • ~ • OPPOSITION: 1 concerned person spoke. ACTION: Determined that the previously-approved negative declaration is adequate to serve as the required environmental documentation for subject request. Approved reinstatement of Conditional Use Permit No. 3935 (CUP Tracking No. 2000-04255) for 1 year from the issuance of Certificate of Occupancy. Amended Resolution Nos. PC97-92, PC98-137, and PC99-146, in their entirety, and replaced them with a new resolution which includes the following conditions of approval: That this permit shall expire one (1) year after issuance of a Certificate of Occupancy. 2. That trash storage areas shall be refurbished to the satisfaction of the Public Works Department, Streets and Sanitation Division, to comply with approved plans on file with said Department. '/ 3. That trash storage areas shall be maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said Department. Said storage areas shall be 09-25-00 Page 22 SEPTEMBER 25, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES ', designed, located and screened so as not to be readily identifiable from adjacent streets or highways. Clinging vines planted on maximum 3-foot centers or tall shrubbery shall be maintained adjacent to the trash enclosure. 4. That this establishment shall be operated as a"Bona Fide Public Eating Place" as defined by Section 23038 of the California Business and Professions Code. 5. That there shall not be any off-street or walk-in sale of alcoholic beverages; and that alcoholic beverages shall only be served at banquets in the banquet facility and not in the restaurant. 6. That subject alcoholic beverage license shall not be exchanged for a public premises (bar) type license nor shall the establishment be operated as a public premises as defined in Section 23039 of the California Business and Professions Code. 7. That the sale of alcoholic beverages for consumption off the premises shaff be prohibited. 8. That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior from inside, promoting or indicating the availability of alcohol beverages, with the exception of one (1) sign indicating "cocktails." That the activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. „ 10. That there shall be no pool tables or coin-operated games maintained upon the premises at any time. 11. That the parking lot serving the premises shall be maintained with lighting of suf~icient power to iHuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the windows of nearby businesses. 12. That the hours of operation for the restaurant shall be limited to 11 a.m. to 11 p.m. (seven (7) days per week); and that the hours of operation for the banquet facility shall be limited to 6 a.m. to 11 p.m. (weekdays) and 11 a.m. to 11 p.m. (weekends), as stated by the petitioner. 13. That a maximum capacity af sixty (60) persons shafl be allowed for the banquet facility during the hours of 8 a.m. to 5 p.m. and that a maximum capacity of two hundred thirty (230) persons shall be allowed for the banquet facility during evening hours after 5 p.m., as specified by the City Traffic and Transportation Manager. 14. That at all times when entertainment or dancing is permitted, security shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of employees or patrons, and to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbance to the neighborhood by excessive noise created by patrons entering or leaving the premises. 15. That all doors serving subject restaurant shall conform to the requirements of the " Uniform Fire Code and shall be kept closed and unlocked at all times during hours of operation except for ingress/egress, deliveries, and in cases of emergency. 09-25-00 Page 23 SEPTEMBER 25, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES ', 16. That there shall be no public telephones on the property that are located outside the building and within the control of the applicant. 17. That the granting of the parking waiver is contingent upon operation of the use in conformance with the assumptions relating to the operation and intensity of use as contained in the parking demand study that formed the basis for approval of said waiver. Exceeding, violating, intensitying or otherwise deviating from any of said assumptions, as contained in the parking demand study, shall be deemed a violation of the expressed conditions imposed upon said waiver which shall subject this conditional use permit to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. 18. That a valid City of Anaheim business ficense shall be obtained from the Business License Division of the Finance Department. 19. That signage for subject facility shafl be limited to that shown on the exhibits submitted by the petitioner and approved by the Planning Commission. Any additional signs shall be subject to approval by the Commission as a"Reports and Recommendations" item and shall comply with all signing requirements of the CL (Commercial Limited) Zone unless a variance allowing sign waivers is approved by the Planning Commission. 20. That three (3) foot high address numbers shall be "maintained" on the roof in a contrasting color tot he roofing material, not to be visible from ground level. t, 21. That window signs shall not be permitted. 22. That the applicant shall be responsible for maintaining the premises free of litter at all times. 23. That no banners, pennants or balloons shall be permitted unless a Special Event Permit is first obtained. Roof-mounted balloons shall not be permitted at any time. 24. That no vending machines shall be visible from any public right-of-way. 25. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dies. 26. That the property shall be permanently maintained in an orderly fashion by providing regufar landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 27. That subject property sha11 be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1, 2a, 2b, 3 and 4. 28. That prior to final building and zoning inspections, Condition Nos. 2, 3, 18, 20 and 27, above-mentioned, shall be complied with. " 29. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipa{ Zoning Code and 09-25-00 Page 24 SEPTEMBER 25, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES ', any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. VOTE: 6-0 (Commissioner Bostwick absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 11 minutes (2:43-2:54) t, '/ 09-25-00 Page 25 SEPTEMBER 25, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES " 8a. CEQA NEGATIVE DECLARATION 8b. WAIVER OF CODE REQUIREMENT 8c. CONDITIONAL USE PERMIT NO. 2000-04256 Approved Approved, in part Granted, in part OWNER: Atlantic Richfield Company, P.O. Box 2485, Los Angeles, CA 90051 AGENT: RHL Design Group, Attn: Jim Forgey, 1201 South Beach Boulevard, La Habra, CA 90631 LOCATION; 1201 South Brookhurst Street. Properry is 0.6 acre located at the southwest corner of Ball Road and Brookhurst Street (Arco AM/PM Service Station). To permit and construct a new service station with a convenience market with waiver of (a) maximum area of monument sign (deleted), (b) maximum height of monument sign (deleted), (c) maximum width of monument width, and (d) required landscaping adjacent to interior site boundary lines. CONDITIONAL USE PERMIT RESOLUTtON NO. PC2000-113 SR7765KB.DOC Greg McCafferty, Senior Planner, introduced this item stating this is Conditional Use Permit No. 2000- ~, 04256 for a proposed Arco AM/PM Service Station with waivers of (a) maximum area of monument sign (deleted), (b) maximum height of monument sign (deleted), (c) maximum width of monument width, and (d) required landscaping adjacent to interior site boundary lines. Applicant's Statement: Jim Forgey, project manageNarchitectural consultants from RJL Design Group 1201 South Beach Boulevard, La Habra, addressed the requested waivers. Waiver (c), pertains to maximum monument sign width. The proposed width is a 13-foot 8-inch wide monument sign, which exceeds a 10-foot wide monument sign allowed by code. The additional sign width is necessary to attempt to compensate for the pole sign, which is being taken down. Other stations in the neighborhood have "grandfathered" signage so Arco is asking for approval of this sign. The sign square footage is within Code. Waiver (d), pertains to required landscaping abutting interior boundary lines. Noting that property abuts a CL Zone and typically no landscaping is required between two adjacent commercial zone properties, Arco is asking for this waiver to be approved. Arco befieves to maintain paths of visibility into the site for dispenser operation and store parking, it becomes impossible to add four additional trees in the planters as staff has recommended. The landscaping is at 15.9% and there are 28 trees proposed to be planted, adding four more trees would limit visibility, therefore, Arco is asking that the additional trees recommended by staff be deleted. They would also like the 24-gallon box trees that staff is suggesting be 15-gallon minimum. Staff is also asking for planters to be added in front of the building, but there are three considerations for this. One is visibility for the cashier inside the store to the customer fueling and visibility for police going by to be able to see into the store is restricted when planters are placed in front of the store. It also acts as a tripping hazard and a haven for trash, etc. „ Eric Cahn, Arco representative, 4 Centerpointe Drive, La Palma, stated the planter in front of the building is important and landscaping with trees make sense. They need visibility to maintain high volume. 09-25-00 Page 26 SEPTEMBER 25, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES ', He addressed the following conditions: • Page 9, Condition No. 17 public phones. They would like to include an option for a phone on the outside of the building. • Condition No. 20, window signage. Arco has regular promotions and the only way they can advertise is with signs in the windows. • Condition No. 33, roof-mounted balloons. Occasionally there is a special and they would like to be able to use them. Jerry Zamorodian, operator of store, would like to have the option to be able to have an outside phone because it attracts unwanted customers inside the store. Commissioner Boydstun asked how wide the sign is in his station on Broadway. Mr. Zamorodian replied it is 10 feet, but it is triangular with three sides. He would like to have the triangular option. Commissioner Bostwick asked why he did not plan for this on this sign. Mr. Zamorodian explained that the architect did the original plan for Arco, but the architect and Mr. Cahn would like the triangle sign, which would be 10 feet. Commissioner Boydstun stated all of the new stations have met the 10-foot code and she is having trouble with an exception. The sign on Broadway works well because you can see it from any direction. Commissioner Arnold asked what justification related to special circumstances is applicable to the „ property? Certain required findings have to be made in order to justify a waiver. He does not see where the need to get a maximum number of customers meets the legal requirements for a waiver. Asked what is unique about this particular property that does not apply to other identically zoned properties that justifies waiver. Greg McCafferty stated that the sign waiver form (see staff report) does not appear that there is justification for Waiver (c). Mr. Zamorodian explained that it is a busy street and there are three gas stations options and it would have more visibility. Commissioner Arnold stated everybody wants more visibility, what is unique that would justify the waiver. It is not a matter of what the applicant would like, they are bound by the Code and in order to grant a waiver there are certain legal requirements. Mr. Cahn stated they are at a competitive disadvantage if they remove the existing pole sign because there are other pole signs. If they make the sign less visible, it limits their ability to draw in customers. Commissioner Bostwick stated if they change to a triangular sign, they would get more visibility and a better angle and comply with Code. Mr. Cahn stated they would go to the triangular sign, it conforms in width, but adds square footage. Greg McCafferty stated the Code has been changed to allow only a double-faced sign since the sign across the street at Arco was put in. The Shell station no longer exists and the Mobil station only faces the corner. " Judith Ann Gollette, representing WAND (West Anaheim Neighborhood Development Council, Land Use and Business Development Committee), stated this is a neighborhood that knows the station is there, it is 09-25-00 Page 27 SEPTEMBER 25, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES " not a tourist area. She is concerned with the parking for the market to the south if space is taken away from them. They are also concerned that Arco will come in at a future date and ask for a liquor license. She also requested that signage be kept at a minimum. Irv Pickler, 2377 Mall Avenue, Anaheim, thought the Arco would be a plus and felt it is a step in the right direction. Mr. Zamorodian stated there is no beer and wine and they want to beautify that corner. Regarding the market, that was Arco property that was being leased and now they are taking it back to put the building there. THE PUBLIC HEARING WAS CLOSED. Commissioner Bristol stated the new driveway on Ball Road appears to be close to the corner and asked Mr. Yalda to comment on that. Alfred Yalda stated they do not have many choices there because their frontage is very small. They cannot move it due to gas tanks. Commissioner Boydstun stated they will not allow outside phones in the City. Explained if he wanted balloons he will have to go to the City to get it approved. Greg McCafferty stated it is zoned CL so he can apply for a special events permit, but cannot have any balloons. Greg Hastings further explained that all stations and other businesses have been conditioned to not allow ~' roof-mounted balloons. Commissioner Bostwick suggested Condition No. 20 be deleted and leave it as standard code or delete the first part of the condition regarding window signage. Greg Hastings advised the Code requirement is a maximum 20%, however the Police Department and Code Enforcement strongly encourage these conditions due to activities that occur. Commission can put whatever percentage it wants to, but Code Enforcement suggests not allowing any because the percentage tends to change over time. It has been imposed for some time and if it is changed today, the direction would be changed. Mr. Zamorodian asked if they could assign a number instead of percentage. They use window signage across the street and felt he should also be allowed. Commissioner Bostwick does not recall taking all the signage away. Commission has made the liquor store pull back with counters and displays from the door, but does not remember signage being part of it. That was not done to the station on Brookhurst and La Palma. Greg Hastings stated staff can let Commission know exactly how long they have been doing this if they wish. Typically this goes with the alcohol sales, however they have applied this to some of the convenier-ce markets. It is staff's intent to minimize the amount of signage going up on any building. The difference is that the majority of them have been with alcohol sales. (Commissioners discussed appearance and problems with trash placed in the landscape planters.] Greg McCafferty suggested deleting Condition No. 14 and replace it with the following, `The legal property owner shall submit an application for a Subdivision Map Act Certificate of Compliance to the „ Public Works Department Development Services Division. A Certificate of Compliance or Conditional 09-25-00 Page 28 SEPTEMBER 25, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES ', Certificate of Compliance shall be approved by the City Engineer and recorded in the office of the Orange County Recorder prior to issuance of a building permit". He also suggested modifying Condition No. 23, after the first sentence to read, In addition, a total of 34, 24-inch box trees shall be shown on the landscape plan for the site. That takes the south property line where they are not putting in the trees on 20-foot centers and making them up elsewhere on the lot. If it is not Commission's choice to have those, then staff would except out those trees that would be normally required on that south property line. Commissioner Bristol asked if there was a break/opening on the landscaping on the west property line. Greg Hastings explained that there is an area where there is a remediation facility up against the property line. Greg McCafferty further clarified that there was no break there. Commissioner Boydstun asked if the special event permit code states that there are no balloons permitted. Greg McCafferty responded that the special event code allows staff to do this on an administrative level and if they feel uncomfortable permitting a roof-mounted balloon then that pushes it up to a Special Circumstance Waiver befiore the Zoning Administrator. Commissioner Boydstun asked why they could not have it that for any special advertising devices that the applicant obtain a special permit and then at the time see what they want to do and make the decision then. " Greg Hastings stated it centers around the balloons. They have had numerous complaints against balloons in areas that are in nearby residential areas. There is a residence next door, so staff has historically been putting these in those circumstances as well as in industrial areas where staff does not feel it is appropriate. Commissioner Boydstun did not understand why they should be treated any different than any other. !t should be decided at the time according to what they want to do. She felt it should have the standard special event wording and when staff looks at it they can decide whether it would work. She further explained her suggestion that the applicant needs to obtain the special event permit and if it is something that staff is comfortable with then they can indicate. Greg Hastings stated that staff's recommendation would be for denial of that and asking that it be placed permanently in the conditional use permit so staff does not have to make that decision over and over again. Jerry Zamorodian stated that he thought that the existing Code for the City of Anaheim is 14 days maximum to obtain a banner or a balloon for any business. Commissioner Boydstun suggested adding three days so it could be cover the three weekends. Greg Hastings cfarified that a speciat events permit would be allowed here under the existing Code. The only restriction that they are recommending is that there not be roof-mounted balloons allowed as part of any special events permit. Commissioner Bostwick recommended leaving that condition in and the applicant can apply for the special events permit. '/ 09-25-00 Page 29 SEPTEMBER 25, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES ', Greg Hastings stated leaving the condition as is would not allow roof-mounted bafloons allowed which is what staff is recommending. Following the Action: Greg McCafferty clarified to Mr. Zamorodian that if it is a triangular sign then the Code standards for freestanding monuments do not permit that, so it would not be a Reports and Recommendations Item, but a Variance application for a 3-sided sign. • • ~ ~- • ~ ~ • ~ • OPPOSITION: 1 person spoke with concerns. ACTION: Approved Negative Declaration Approved, in part, Waiver of Code Requirement as follows: Denied waivers (a) pertaining to maximum area of monument sign and (b) pertaining to maximum height of monument sign on the basis that they were deleted following submittal of revised plans. Denied waiver (c) pertaining to maximum width of monument width on the basis that a hardship could not be found on the property to justify the waiver and that other CL- Zoned service stations and commercial developments are required to comply with Code requirements for monument signs. Further, approval of this waiver would grant a special privilege not shared by other similar service station properties. „ Approved waiver (d) pertaining to required landscaping adjacent to interior site boundary lines based on the narrow shape of the lot, and that similar CL-Zoned properties do not require landscaping along interior boundary lines when abutting other commercially-zoned and developed properties. Granted, in part, Conditional Use Permit No. 2000-04256 with the following changes to conditions of approval: Modified Conditions 14, 20, and 23 to read as follows: 14. The legal property owner shall submit an application for a Subdivision Map Act Certificate of Compliance to the Public Works Department, Development Services Division. A Certificate of Compliance or Conditional Certificate of Compliance shall be approved by the City Engineer and recorded in the Office of the Orange County Recorder prior to issuance of a building permit. 20. That window signage shall not exceed ten percent (10%) of the glass surface for the service station or convenience market. 23. That a landscape and irrigation plan including a minimum of thirty-four (34), 24- inch box sized trees shall be submitted to the Zoning Division for review and approval. Any decision made by the Zoning Division regarding said plan may be appealed to the Planning Commission and/or City Council. Said landscaping shall thereupon be installed and maintained. VOTE: 7-0 " Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. 09-25-00 Page 30 SEPTEMBER 25, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES ', DiSCUSSION TiME: 48 minutes (2:55-3:43) Commissioner Bostwick requested that a workshop be agendized to discuss roof-mounted signage. Staff and the other Commissioners reminded Commissioner Bostwick that a workshop had occurred within the last year pertaining to this subject. No further action was directed. Commissioner Boydstun requested that workshops involving more than one department be considered separately. " ,/ 09-25-00 Page 31 SEPTEMBER 25, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES " ADJOURNMENT AT 3:50 P.M. TO MONDAY, OCTt3BER 9, 2000 AT 11:00 A.M. FOR PRELIMINARY PLAN REVIEW. Respectfully submitted: Ossie Edmundson Senior Secretary ~~ ` ~~ '~.~~c~rC~ ~!~K-6 Simonne Fannin Senior Office Specialist ~' ,/ Received and approved by the Planning Commission on f o- 9- o~ 09-25-00 Page 32