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Minutes-PC 2003/03/24• • ~ MARCH 24, 2003 PLANNING COMMISSION MINI ACTION AGENDA • RECONVENE TO PUBLIC HEARING AT 1:30 P.M. PUBLIC COMMENTS: NONE This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. CONSENT CALENDAR: Item 1-A on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Commissioner Koos offered a motion, seconded by Commissioner Bristol and MOTION CARRIED (Commissioner Boydstun temporarily absent), to continue Consent Calendar Item 1-A (Minutes from the Planning Commission Meeting of March 10, 2003), to the Planning Commission meeting of April 7, 2003. (UNANIMOUSLY APPROVED) 1. REPORTS AND RECOMMENDATIONS A. Receiving and approving the Minutes from the Planning Commission Continued to April 7, 2003 Meetings of March 10, 2003. (Motion) (Vote: 6-0, Commissioner Boydstun temporarily • absent) • 03-24-03 Page 2 MARCH 24, 2003 PLANNING COMMISSION MINI ACTION AGENDA • PUBLIC HEARING ITEMS: 2a. CEQA NEGATIVE DECLARATION 2b. RECLASSIFICATION NO. 2003-00095 OWNER: Danros, Inc., 511 Helberta Avenue, Redondo Beach, CA 90277 AGENT: Elisa Stipkovich, Anaheim Redevelopment Agency, 201 S. Anaheim Boulevard, Anaheim, CA 92805 LOCATION: 2300 West Lincoln Avenue. Property is approximately 4.4 acres, having a frontage of 330 feet on the south side of Lincoln Avenue, located 980 feet east of the centerline of Gilbert Street (Daniel's Furniture). City-initiated (Community Development Department) request for reclassification of the property from the CL (BCC) (Commercial, Limited; Brookhurst Commercial Corridor Overlay) zone to the RM-3000 (BCC) (Residential, Multiple-Family; Brookhurst Commercial Corridor Overlay) zone, or a less intense zone. RECLASSIFICATION RESOLUTION NO. PC2003-47 Approved Granted, unconditionally sr2125ds.doc Chairperson Bostwick introduced Item No. 2 as Reclassification No. 2003-00095, 2300 West Lincoln • Avenue - Daniel's Furniture, a City-initiated, Community Development Department, request for reclassification of the property from the CL (BCC) (Commercial, Limited; Brookhurst Commercial Corridor Overlay) zone to the RM-3000 (BCC) (Residential, multiple family; Brookhurst Commercial Corridor Overlay) zone, or a less intense zone. Commissioner Bristol stated that at the morning session there was discussion and some of the Commissioners felt that there is a need for a median break on Lincoln Avenue. The stacking on the u- turn, west bound on Lincoln Avenue is rather dangerous and therefore consideration should be given to install a median break. Chairperson Bostwick added that the Traffic Engineer informed Commission that it was a decision and policy set between the City Engineer and City Council. The Deputy Public Works Director will be addressing Commission's concerns on this issue at the future meeting. Commissioner Koos stated he was not overly concerned about this issue and indicated there are examples in Anaheim Hills and other planned communities where they do not have left-turn lanes at the median. He also stated that he was not opposed to a presentation on the matter. Chairperson Bostwick clarified that this is a concern of a number of Commission but it is not to say that it is the concern of the entire Commission. Greg McCafferty, Principal Planner, indicated at the second meeting in April Commission will see the physical development project before them. That might be an additional opportunity for the issue regarding the median to be discussed. He suggested that along with the staff report is provided input from the Deputy City Traffic Engineering on this issue. • 03-24-03 Page 3 MARCH 24, 2003 PLANNING COMMISSION MINI ACTION AGENDA • Following the action: Commissioner Koos commended Mr. Mark Arturias and his team for securing this property. This reclassification was partially completed approximately one year ago and now the project is on its way to becoming a full project. Public Testimony: Chuck Burnes, 2341 W. Transit Avenue, Anaheim, CA 92804-2466, stated that his property backs up with the subject property. He referred to the location map displayed on the PowerPoint presentation to show location of a vacant piece of property which he and his neighbors are concerned about which is located northeast of Land Lane. He sent a letter to the Mayor and City Council recentiy. He emphasized this is a totally "dead" area. The neighbors have many problems with people coming in there at night because it is vacant property. Once the wall is constructed on the west side of the new housing development then it will lock in that area even further. As a result of this vacant lot they have a problem with trash and various debris. Originally the person who owned all that property, which was Orangegrove, when the family decided to sell it, refused to have anyone in the surrounding area take over that area. He understands that the current owner is doing the same thing. That is a dangerous property. If this property could be included into with subject property and perhaps divide the lot between the lots of two to three new homes that new development then it would eliminate that lot which would in turn eliminate the problems associated with it. Chairperson Bostwick indicated that Commission is well aware of the piece of property and asked staff to respond. Mark Arturias, Redevelopment Manager, responded that City Council did receive the letter from Mr. Burnes and the letter was referred to the Executive Director of the Community Development Department. • The purpose is to have the Executive Director try to contact the owner of the shopping center to see if they would be cooperative with the City in trying to either address the issue and somehow deal with the activities that are going on in that area or work with the City in agreeing to sell the property to the developer who will be coming before Commission in the near future on a development plan. Currently, they are in those discussions in trying to set up the meetings with the property owners, which has been a difficult process. He emphasized that they are well aware of Mr. Burnes and his neighbors concerns and are trying to address them. The concern that Mr. Burnes and the neighbors addressed in terms of having that property be part of the development project is not affected by the current proposal of the zone changes because they are only talking about Daniel's property at this time. With the subdivision map and the land use map that would be coming before Commission then it could be addressed at that time. They will be trying to meet with Mr. Burnes as soon as they have information to provide him on relative to their communication with the adjoining property owner. Commission Bostwick emphasized again that Commission is very well aware of the problems mentioned by Mr. Burnes. Mr. Burnes asked if there is the possibility that the project would go in without the City taking over the property. Chairperson Bostwick indicated that he could not predict what is going to happen at this time. Staff is work with the shopping center in trying to acquire a portion of the parcel in order to bring together as one project. Mr. Burnes asked if it is possible to take the property by imminent domain. Chairperson Bostwick indicated that was totally up to the City Council to decide. Until the final • development plan for the two parcels are together then Commission will not know that. Therefore, it is premature at this time to speculate. 03-24-03 Page 4 MARCH 24, 2003 PLANNING COMMISSION MINI ACTION AGENDA • Commissioner Bostwick explained to Mr. Burnes that there will be another notice to property owners sent out when the plans returns to the Planning Commission for its adoption. Commission Koos suggested Mr. Burnes speak with Mark Asturias the project manager of the site. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: One person spoke with concerns pertaining to a portion of a property to the west containing a shopping center (southeast corner of Lincoln Avenue and Euciid Street). This person complained that loitering was occurring in the rear of this center causing disturbance to the residential neighborhood to the south. ACTION: Approved CEQA Negative Declaration Granted Reclassification No. 2003-00095 (to rezone the 2300 West Lincoln Avenue property from the CL (BCC) (Commercial, Limited; Brookhurst Commercial Corridor Overlay) zone to the RM-3000 (BCC) (Residential, Multiple-Family; Brookhurst Commercial Corridor Overlay) zone, unconditionally. VOTE: 6-0 (Commissioner Boydstun temporarily absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. • DISCUSSION TIME: 12 minutes (1:43-1:55) • 03-24-03 Page 5 MARCH 24, 2003 PLANNING COMMISSION MINI ACTION AGENDA • 3a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) 3b. CONDITIONAL USE PERMIT NO. 4125 (TRACKING NO. CUP2003-04668) OWNER: California Drive-In Theaters, 120 North Robertson Boulevard, Los Angeles, CA 90048 AGENT: Jim Beam, 3745 West Chapman Avenue, Suite 203, Orange, CA 92868 LOCATION: 2150 South State Colleqe Boulevard. Property is approximately 8.48 acres, having frontages of 635 feet on the east side of State College Boulevard and 50 feet on the south side of Orangewood Avenue, located 280 feet south of the centerline of Orangewood Avenue (Orange/Anaheim Swap Meet). Request for reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on May 7, 2002 to expire June 21, 2003) to retain an outdoor swap meet facility. CONDITIONAL USE PERMIT RESOLUTION NO. PC2003-48 Approved Approved reinstatement to expire on March 21, 2006 sr3009ey.doc Chairperson Bostwick introduced Item No. 3 as Conditional Use Permit No. 4125, 2150 South State • College Boulevard - Orange/Anaheim Swap Meet, a request for reinstatement of the permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on May 7, 2002 to expire June 21, 2003) to retain an outdoor swap meet facility. Applicant's Testimony: John Manavian, Robertson Properties Group, stated they now have a project that is going through entitlements. They were before Commission approximately 1 year ago requesting a two-year extension that was approved by City Council for 1 year. They had hoped that they would be moving quicker through the process but need more time and would feel 18 months would be sufficient to keep the interim use on the property while they complete the EIR impact work and begin the preparation of construction plans for the development. They hope to break ground with Archstone in late 2004. THE PUBLIC HEARING WAS CLOSED. Chairperson Bostwick met with representatives of this project. Currently, the staff report recommends an extension of this permit to expire 2004. He recommended that it expire on 2005 to ensure that the applicant has enough time to get their plans approved. Commissioner Koos suggested a 3-year extension, to expire 2006. OPPOSITION: None • 03-24-03 Page 6 MARCH 24, 2003 PLANNING COMMISSION MINI ACTION AGENDA • ACTION: Commissioner Koos offered a motion, seconded by Commissioner Bristol and MOTION CARRIED (Commissioner Boydstun temporarily absent), 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. Approved reinstatement of Conditional Use Permit No. 4125 (Tracking No. CUP2003- 04668) to retain an outdoor swap meet facility, to expire on March 21, 2006. Amended Resolution No. 2002R-97 in its entirety and replaced it with a new resolution which includes the following conditions of approval (Condition No. 1 was modified at today's meeting): 1. That this permit shall expire on, and the swap meet use authorized hereunder shall terminate not later than ~^°^~h°r ~~, ~nn" March 21, 2006. 2. That the applicant shall continuously comply with all conditions imposed on this project by the City of Orange regarding traffic mitigation. 3. That the property shall be maintained in conformance with plans approved by the City Traffic and Transportation Manager pertaining to Engineering Standard Plan Nos. 436 and 602 regarding parking standards and driveway locations. 4. That trash storage areas shall be provided and 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 designed, located and screened so as not to be readily • identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers or, tall shrubbery. 5. That an on-site trash truck turn-around area shall be provided and maintained in accordance with Engineering Standard Detail No. 610 and maintained to the Streets and Sanitation Division. 6. That the property owner or swap meet operator shall pay an annual fee for Police Department detectives to monitor the activities of the sellers and patrons within the City of Anaheim portion of this property. The number of detectives, hours of monitoring and annual fee costs shall be determined by the Burglary Detail of the Anaheim Police Department. 7. That no signage and no Special Event Permits shall be permitted within the City of Anaheim portion of this property. 8. That the sale and consumption of alcoholic beverages shall not be permitted on the City of Anaheim portion of this property. 9. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said lighting shall not exceed twelve (12) feet in height and shall be directed, positioned and shielded in such a manner so as not to unreasonable illuminate the window areas of adjacent land uses. ~ 10. That trees shall not be unreasonably trimmed to allow increased visibility of the swap meet facility. 03-24-03 Page 7 MARCH 24, 2003 PLANNING COMMISSION MINI ACTION AGENDA • 11. That no amplified (i.e., loud speakers) music or entertainment shall be permitted on the premises; and that noise levels shall comply with Code requirements. 12. That all vendors shall comply with California State law regarding the sale of aerosol spray paint. The property owner shall be responsible for compliance with this condition. 13. That no required parking area shall be fenced or otherwise enclosed for outdoor storage or other outdoor uses. 14. That the hours of operation shali be limited to 6 a.m. to 6 p.m. on Saturdays and Sundays, the day after Thanksgiving and during the week before Christmas, with customer hours ending at 4 p.m. and trash clean-up and vendor display/vehicle removal concluded by 6 p.m., as stipulated to by the petitioner. 15. That no loading/unloading whatsoever shall be permitted on Orangewood Avenue or State College Boulevard. 16. That this use permit is granted subject to the adoption of City of Orange Conditiona( Use Permit No. 2290-99, remaining as an entitlement on the property; and that any changes, revisions, modifications, etc., to said use permit shall necessitate additional action by the Anaheim Planning Commission or City Council, as determined to be necessary by the Anaheim Planning Department. Approval of this use permit shall be contingent upon compliance with all conditions of approval of City of Orange Conditional Use Permit No. 2290-99. • 17. That if any of the conditions of approval of this conditional use permit (such as required trash enclosures) are provided entirely on the portion of this facility located within the City of Orange and that plans are submitted to and approved by the City of Orange showing those improvements, a copy of those approved plans shall be submitted to the City of Anaheim Zoning Division and filed with this petition. Said approved plans will satisfy the applicable conditions in this use permit. 18. That the developer shall be responsible for compliance and any direct costs associated with the conditions of approval imposed by the City of Orange and the City of Anaheim. 19. That the business operator shall pay a fee for each individual vendor located within the City of Anaheim on a monthly basis as determined by the City of Anaheim Business License Division of the Finance Department. 20. That the vendor sales area shall be subject to Fire Code requirements which pertain to access lane widths and minimum spacing between canopies. Approval of this conditional use permit does not guarantee a minimum number of vendors. Fire Code requirements may reduce the number below that shown on the approved site plan (Exhibit No. 1). 21. That all gates on State College Boulevard shall be open at all times when the property is occupied and shall be closed when the premises are vacated. The gate on Orangewood Avenue shall be open only for vendor use and shall be closed at all other times when not in use by vendors. • 03-24-03 Page 8 MARCH 24, 2003 PLANNING COMMISSION MINI ACTION AGENDA • 22. That subject property shall be developed and maintained 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 IVo. 1; and as conditioned herein. 23. That the use of overhead power lines shall be prohibited. 24. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and 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 Boydstun temporarily absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 1:56-2:00 (4 minutes) • \ J 03-24-03 Page 9 MARCH 24, 2003 PLANNING COMMISSION MINI ACTION AGENDA ~ 4a. CEQA CATEGORICAL EXEMPTION - CLASS 1 4b. WAIVER OF CODE REQUIREMENT 4c. CONDITIONAL USE PERMIT NO. 2003-04670 OWNER: James E. Stephenson, P.O. Box 3518, Orange, CA 92857. Ryan Vanderhook, 1397 North Jefferson Street, Anaheim, CA 92807 AGENT: Ron Vandermooren, RVM Construction, Inc., 1200 N. Jefferson Street, Anaheim, CA 92807 LOCATION: 1397 North Jefferson Street. Property is approximately 1.25 acres, having a frontage of 256 feet on the west side of Jefferson Street, located 750 feet north of the centeriine of Miraloma Avenue. To expand an existing non-conforming contractor/buiiding materials storage yard with waiver of maximum fence height within required front yard setback. ~ CONDITIONAL USE PERMIT RESOLUTION NO. PC2003-49 Concurred with staff Approved Granted sr5001jr.doc Chairperson Bostwick introduced Item No. 4 as Conditional Use Permit No. 2003-04670, 1397 North Jefferson Street, Anaheim, CA, a request to expand an existing non-conforming contractor/building materials storage yard with waiver of maximum fence height within the required front yard setback. Commissioner Boydstun abstained from voting due to her late arrival. ApplicanYs Testimony: Ron Vandermooren, RVM Construction, 1200 N. Jefferson St., Unit J, Anaheim, stated he is speaking on behalf of the owner, Ryan Vandermooren, Country Estate Fencing. The project is basically three stages. First stage, removing existing mobile office structure and replace it with a block and wood building. Second stage, to remove and haul away various wooden stucco building which are currently used for storage and replace with a 5,000 square foot freestanding metal building, replaced in the back left corner of the property in order to house the materials. Third stage, a waiver for the 6- foot fence. They would like to place it consistent with the other properties on the street which is a 10-foot landscape setback after the required dedication for the future street improvements and place the fencing at that line with the parking inside, consistent with the surrounding properties. THE PUBLIC HEARING WAS CLOSED. Commissioner Bristol verified by asking and receiving a response from Mr. Vandermooren that he had read the conditions of approval, particularly Condition No. 7 which indicates that the visible razor wire throughout the property would be removed. ~ ~ ~ Mr. Vandermooren confirmed they are in agreement. The plan would be to remove the razor wire across the front property and replace with a vinyl fencing. Commissioner Bristol asked staff about the razor wire visible from Jefferson Street. Greg Hastings responded basically razor wire could continue to exist but it would need to be in the inside below the height of the fence. 03-24-03 Page 10 MARCH 24, 2003 PLANNING COMMISSION MINI ACTION AGENDA • • ~ ~ ~- • ~ ~ • ~ • OPPOSITION: None ACTION: Commissioner Bristol offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioner Boydstun abstained), that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falls within the definition of Categorical Exemptions, Class 1(Existing Facilities), as defined in the California Environmental Quality Act (CEQA) Guidelines and is, therefore, categorically exempt from the requirement to prepare additional environmental documentation. Approved Waiver of Code Requirement Granted Conditional Use Permit No. 2003-04670 (to expand an existing non-conforming contractor/building materials storage yard) subject to the conditions of approval as stated in the staff report dated March 24, 2003. VOTE: 6-0 (Commissioner Boydstun abstained since she was not present for the complete discussion of this item.) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. • DISCUSSION TIME: 5 minutes (2:01-2:06) (CommissionerBoydstun arrived at the meeting @ 2:04 p.m.) • 03-24-03 Page 11 MARCH 24, 2003 PLANNING COMMISSION MINI ACTION AGENDA • 5a. CEQA CATEGORICAL EXEMPTION - CLASS 1 5b. CONDITIONAL USE PERMIT NO. 2003-04667 OWNER: Michaei Bagguley, c/o Caroi Cushing, 701 Concord Street, Glendale, CA 91202 AGENT: Carol Cushing, 701 Concord Street, Glendale, CA 91202 LOCATION: 3010 West Lincoln Avenue. Property is approximately 1.58 acres, located at the southwest corner of Lincoln Avenue and Beach Boulevard (Numero Uno Pizzeria). To permit and retain the retail sales of beer and wine for on-premises consumption and an amusement arcade with up to sixteen (16) amusement devices within an existing restaurant. CONDITIONAL USE PERMIT RESOLUTION NO. PC2003-50 Concurred with staff Granted sr8576av.doc Chairperson Bostwick introduced Conditionai Use Permit No. 2003-04667, 3010 West Lincoln Avenue - Numero Uno Pizzeria, a request to permit and retain the retail sales of beer and wine for on-premises consumption and an amusement arcade with up to sixteen (16) amusement devices within an existing restaurant. ApplicanYs Testimony: C ~ Jack Cushing, the property manager, stated the applicant originally received all the required licenses but did not realize he needed to obtain a renewal on this permit and that is his why he is before Commission today. The operation has been running smoothly since he took it over 5 years ago. THE PUBLIC HEARING WAS CLOSED. OPPOSITION: None ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Boydstun 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 1(Existing Facilities), as defined in the California Environmental Quality Act (CEQA) Guidelines and is, therefore, categorically exempt from the requirement to prepare additional environmental documentation. Granted Conditional Use Permit No. 2003-04667 (to permit and retain the retail sales of beer and wine for on-premises consumption and an amusement arcade with up to sixteen (16) amusement devices within an existing restaurant) subject to the conditions of approval as stated in the staff report dated March 24, 2003. VOTE: 7-0 Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. \ J DISCUSSION TIME: 2 minutes (2:07-2:09) 03-24-03 Page 12 MARCH 24, 2003 PLANNING COMMISSION MINI ACTION AGENDA • 6a. CEQA CATEGORICAL EXEMPTION - CLASS 1 Continued to 6b. CONDITIONAL USE PERMIT NO. 2003-04669 April 7, 2003 6c. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2003-00010 OWNER: Yong Sub Kim, Thomas Liquor, 1015 West Orangethorpe Avenue, Fuilerton, CA 92833 AGENT: Leon Alexander, Briggs and Alexander, 558 South Harbor Boulevard, Suite 100, Anaheim, CA 92805 LOCATION: 1000 West Lincoln Avenue. Property is approximately 0.35-acre, located at the southwest corner of Lincoln Avenue and Illinois Street (Thomas Liquor). Conditionai Use Permit No. 2003-04669 - To permit the retail sales of alcoholic beverages for off-premises consumption in conjunction with an existing legal non-conforming convenience market. Determination of Public Convenience or Necessity No. 2003-00010 - To upgrade an existing Type 20 (Off-Sale Beer and Wine) to a Type 21 (Off-Sale General Alcohol) alcoholic beverage license to permit the retail sales of alcoholic beverages for off-premises consumption within an existing legal non-conforming convenience market. CONDITIONAL USE PERMIT RESOLUTION NO. • DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY RESOLUTION NO. sr8575av.doc Chairperson Bostwick introduced Item No. 6 as Conditional Use Permit No. 2003-04669, 1000 West Lincoln Avenue - Thomas Liquor, a request to permit the retail sales of alcoholic beverages for off- premises consumption in conjunction with an existing legal non-conforming convenience market, and Determination of Public Convenience or Necessity No. 2003-00010, to permit the retail sales of alcoholic beverages for off-premises consumption within an existing legal non-conforming convenience market. Applicant's Testimony: Adam Waffland, Gregs and Alexander, 558 S. Harbor Blvd., Suite 100, Anaheim, CA 92805, stated he received the staff report this morning. There are 28 conditions of approval in the staff report and therefore requested that this item be continued to April 7, 2003. He has set up a meeting with Planning Department staff to discuss those conditions. Commissioner Bristol offered a motion for a continuance, seconded by Commissioner Eastman, and motion carried. • 03-24-03 Page 13 MARCH 24, 2003 PLANNING COMMISSION MINI ACTION AGENDA • • ~ ~ ~- • - • • • ~ • OPPOSITION: None ACTION: Commissioner Bristol offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioner Boydstun temporarily absent), that the Anaheim City Planning Commission does hereby continue the subject request to the Aprii 7, 2003, Planning Commission meeting as requested by the applicant in order to meet with staff to review the recommended conditions of approval. VOTE: 6-0 (Commissioner Boydstun temporarily absent) DISCUSSION TIME: 1 minute (1:41-1:42) ~ • 03-24-03 Page 14 MARCH 24, 2003 PLANNING COMMISSION MINI ACTION AGENDA • 7a. CEQA CATEGORICAL EXEMPTION - CLASS 32 Concurred with staff 7b. CONDITIONAL USE PERMIT NO. 2001-04361 Approved modification to (TRACKING NO. CUP2003-04671) previously-approved exhibits and amendment OWNER: PEP, LLC., P.O. Box 5325, Newport Beach, CA 92662 to conditions of approval (with stipulation made by the applicant at today's AGENT: Scott G. Hook, PEP/LLC, P.O. Box 5325, Newport Beach, meeting). CA 92662. LOCATION: 8247-8267 East Santa Ana Canvon Road. Property is approximately 0.87 acre*, having no frontage on a public street and accessed via a private access easement, located 505 feet west of the centerline of Weir Canyon Road. *Advertised as 3.34 acres To modify previously-approved exhibits for an existing commercial retail center and to amend a condition of approval pertaining to maximum number of permitted tenant spaces. CONDITIONAL USE PERMIT RESOLUTION NO. PC2003-51 sr8573vn.doc Chairperson Bostwick introduced Item No. 7 as Conditional Use Permit No. 2001-04361, 8247-8267 East Santa Ana Canyon Road, a request to modify previously-approved exhibits for an existing commercial retail center and to amend a condition of approval pertaining to maximum number of permitted tenant • spaces. Applicant's Testimony: Scott Hook, the agent for PEPILLC, stated for the past 3 years he developed the project working throughout the City and has 17 years experience in leasing and sales of retail properties. This is a very odd size that could not be leased due primarily to its odd size, 2200 square feet and found himself economically affected. They are trying to obtain a CUP to have a building, 4 units, 100% occupied. They use will not affect traffic. He had a question about Condition No. 15 on page 7 of the staff report. He asked for clarification regarding the painting of the 3-foot high street address number on the roof of the building and the reasoning for this condition. Greg Hasting, Principal Planner, explained that the Police Department has a standard that he can obtain. This condition was Condition No. 21 on the prior resolution attached to the staff report. Scott Hook replied that they would comply with that condition. Chairperson Bostwick asked Mr. Hook whether there is a restroom planned since it was not in their plans submitted. Scott Hook indicated that each unit has its own restroom. Greg McCafferty added that it is a code requirement which they would have to comply with that. Requested that the property owner refurbished some of the parking lot landscaping since it appears that it was trampled on. He indicated that he was referring to a landscape "finger" in the parking lot in front of • the building. Scott Hook agreed to the added stipulation that the landscaping staff was referring to be replaced. 03-24-03 Page 15 MARCH 24, 2003 PLANNING COMMISSION MINI ACTION AGENDA • • • ~ ~- • • ~ • • ~ • OPPOSITION: None ACTION: Commissioner Boydstun offered a motion, seconded by Commissioner Bristol 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 32 (Infill Development), as defined in the California Environmental Quality Act (CEQA) Guidelines and is, therefore, categorically exempt from the requirement to prepare additional environmental documentation. Approved Conditional Use Permit No. 2001-04361 (Tracking No. CUP2003-04671), to modify previously-approved exhibits for an existing commercial retail center and to amend a condition of approval pertaining to maximum number of permitted tenant spaces. At today's meeting, the petitioner also stipulated to refurbishing the parking lot landscaping. Incorporated conditions of approval contained in Resolution No. PC2001-71 into a new resolution which includes the following conditions of approval: 1. That the number of tenant spaces for this commercial retail center shall be limited to four (4). 2. That no convenience markets and/or retail sales of alcoholic beverages shall be permitted unless a separate conditional use permit is approved by the Planning Commission. • 3. That no video, electronic or other amusement devices shall be permitted on the premises. 4. That all public phones shall be located inside the building. 5. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 6. That no roof-mounted balloons or other inflatable devices shall be permitted on the property. 7. That no outdoor vending machines shall be permitted on the property, which are visible to the public right-of-way. 8. That signage for subject facility shall be limited to one wall sign per tenant not be exceed 10 percent of the total area of the face of the unit; and that there shall be no signage on the canopies. A{1 wafl signs shall be designed and installed to look uniform. 9. That there shall be no outdoor storage permitted on the premises. 10. That trash storage areas shall be provided and 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 designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as • minimum one-gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. 03-24-03 Page 16 MARCH 24, 2003 PLANNING COMMISSION MINI ACTION AGENDA ~ 11. That an on-site trash truck turn-around area shall be maintained per Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. 12. That all trash generated from this commercial retail center shall be properly contained in trash bins located within approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Code Enforcement Division of the Planning Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid by the business owner. 13. That the property shall be maintained in compliance with plans previously approved by the City Traffic and Transportation Manager pertaining to Engineering Standard Plan Nos. 436, 601/602 and 607 regarding parking standards and driveway locations. 14. That the property shall be permanently maintained in an orderly fashion by the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 15. That three (3)-foot-high street address numbers shall be displayed on the roof of the building in a color that contrasts with the roof material. The numbers shall not be visible from the streets or adjacent properties. Said information shall be maintained in conformance with approved plans on file in the Building Division. 16. That all roof-mounted equipment shall be screened from view of surrounding • properties and public rights-of way and all roof mounted equipment shall be painted and maintained to blend with the roof. Said information shall be specifically shown in plans submitted for building permits. 17. That subject property shall 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 Exhibits Nos. 1, 2, 3 and 4(site and floor plan for new tenant space). 18. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition No. 16 above- mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 19. That prior to final building and zoning inspections, Condition No. 17 above-mentioned, shall be complied with. 20. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federaf 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: 7-0 ~ Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 4 minutes (2:10-2:14) 03-24-03 Page 17 MARCH 24, 2003 PLANNING COMMISSION MINI ACTION AGENDA ~ MEETING ADJOURNED AT 2:15 P.M. TO MONDAY, APRIL 7, 2003 AT 11:00 A.M. FOR PRELIMINARY PLAN REVIEW. Respectfully submitted: ~ ~~ Osbelia Edmundson, P{anning Commission Support Supervisor Received and approved by the Planning Commission on , 2003. C ~ \ J 03-24-03 Page 18