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Minutes-PC 2003/07/14r CITY OF ANAHEIM ~~ PLANNING COMMISSION MINUTES J U LY 14, 2003 Council Chambers, City Ha(( 200 South Anaheim Boulevard, Anaheim, California • ~ COMMISSIONERS PRESENT: CHAIRPERSON VANDERBILT JERRY O'CONNELL, SEATS COMMISSIONERS ABSEN STAFF PRESENT: Selma Mann, Assistant G"ity Greg McCafferty, Principal...F ~. ~ ~ , ~~:. CALL TO ORDER~ ~ ~ P`~.AN N I ~ • PRELIMI on Planner AGENDA POSTING A compiete cop~r of~the Fla~c~in~g, Go~nmission ~lgend~~vvas pQSted at 3:00 p.m. on ~~ Thursday, July 10, 2003a°.:inside the diSpl"ay c~se loc~fed in tlae~f6~e~-~mf the ;Council;;Chambers, and also in the ~ „w ~ ~-~ outside display kiosk ` ~ ~ , ~y~ ,~ PUBLISHED: Anaheim Bulle#in News~ap~~4ta Thursd~y,rJune 19,~2003 ,, ~` ~ ~ ~...,~ RECESS TO AFTERNOON PUBLIC HEARI~I~G~,S~S LLfl~l~ `~ , ~~ ~ ~ ~ ~~ ~. _~. _ ~~ RECONVENE TO PUBLIC HEARING 1:30 P:M~~~3~~ ~z ""` ~ For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card and submit it to the secretary. PLEDGE OF ALLEGIANCE: Commissioner Bostwick PUBLIC COMMENTS CONSENT CALENDAR PUBLIC HEARING ITEMS ADJOURNMENT H:\DOCS\CLERICAL\MINUTESWC071403.DOC lannin commission anaheim.net 07-14-03 Page 1 JULY 14, 2003 PLANNING COMMISSION MINUTES ~ 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 through 1-B 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 Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (with two Commission vacancies), for approval of Consent Calendar Item 1-A as recommended by staff, and to continue Item 1-B to the July 28, 2003 meeting. UNANIMOUSLY APPROVED 1. REPORTS AND RECOMMENDATIONS (Revised) • A. (a) CEQA EXEMPTION SECTION 15061 (b)(3) (b) ZONING CODE AMENDMENT NO. 2003-00024 (c) RECLASSIFICATION NO. 2003-00108 Elisa Stipkovich, Anaheim Redevelopment Agency, 201 South Anaheim Boulevard, Anaheim, CA 92805, requests initiation of a reclassification for a newly proposed downtown mixed-use overlay zone within the Downtown Anaheim Area, and requests review and approval of a draft Ordinance containing provisions to establish a new Downtown Mixed-Use (DMU) Overlay Zone within the Downtown Anaheim Area. Area is bounded by Lincoln Avenue, Harbor Boulevard, Broadway, and Anaheim Boulevard. Concurred with staff Granted Approved (Vote: 5-0, with two Commission vacancies) Sr2133ds.doc Selma Mann stated that she would like to make some clarifications into the record with regard to some of the comments made at today's morning session pertaining to Item 1-A. She indicated that the ordinance would be revised from the draft that is in place, along with the staff report. The substance of the ordinance will be the same, but the guidelines would be included as a separate resolution at the time that the ordinance goes before the City Council. She also stated that the ordinance is subject to further review by the City Attorney. In addition there were some clarifications made during the morning session with regard to the environmental review that will take place at the time that a final site plan comes forward to be reviewed by the Planning Commission, since there has already been a significant amount of environmental work done. A number of EIR's have been approved and validated that have approved a certain number of square feet of office space. Only a portion of that has been built out-- less than half is built out-- and to the extent that a project comes within the parameters of what has already been approved, as far as equivalent environmental impacts, no additional review would be required. If the impacts of the project fall outside [those parameters], then additional environmental review would be required. • Chairperson Vanderbilt responded that the comments have been noted. 07-14-03 Page 2 JULY 14, 2003 PLANNING COMMISSION MINUTES ~ ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (with two Commission vacancies), that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falis within the definition of CEQA Exemption Section 15061 (b)(3), as defined in the California Environmental Quality Act (CEQA) Guidelines and is, therefore, exempt from the requirements to prepare additional environmental documentation. Commissioner Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (with two Commission vacancies), that the Anaheim City Planning Commission does hereby request review and approval of a draft ordinance containing provisions to establish a new Downtown Mixed-Use (DMU) Overlay Zone within Downtown Anaheim. (Area is bounded by Lincoln Avenue, Harbor Boulevard, Broadway, and Anaheim Boulevard) VOTE: 5-0. Commissioner Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (with two Commission vacancies), that the Anaheim City Planning Commission does hereby initiate Reclassification No. 2003-00108 for a newly proposed Downtown Mixed-Use Overlay Zone within Downtown Anaheim. VOTE: 5-0 • ~ 07-14-03 Page 3 JULY 14, 2003 PLANNING COMMISSION MINUTES • B. Receiving and approving the Minutes from the Planning Commission Continued to Meetings of June 30, 2003. (Motion) July 28, 2003 (Vote: 5-0, with two Commission vacancies) (This item was not discussed) • ~ 07-14-03 Page 4 JULY 14, 2003 PLANNING COMMISSION MINUTES ~ PUBLIC HEARING ITEMS: 2a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) 2b. CONDITIONAL USE PERMIT NO. 4187 Withdrawn (TRACKING NO. CUP2003-04704) OWNER: Islamic Institute of Orange County, P.O. Box 1236, Brea~ CA 92822 AGENT: Gamal E. Nour, 1221 North Placentia Avenue, Anaheim, CA 92806 LOCATION: 1220 -1230 North State Colleqe Boulevard. Property is approximately 1.93 acres, located north and east of the northeast corner of Placentia Avenue and State College Boulevard (Isfamic Institute of Orange County). Request to amend exhibits for a previously-approved church to permit phased construction of the main building and parking lot. Continued from the June 2, June 16 and June 30, 2003, Planning Commission Meetings. CONDITIONAL USE PERMIT RESOLUTION NO. sr5022jr.doc ~ • ~ ~- • ~ • • ~ • • OPPOSITION: None ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (with two Commission vacancies), that the Anaheim City Pianning Commission does hereby accept the petitioner's request for withdrawal of Conditional Use Permit No. 4187 (Tracking No. CUP2003-04704) due to the fact that the petitioner has been working with staff to resolve site design and coordination issues related to the on-going construction and operation of the partially completed mosque. These issues have been resolved ensuring compiiance with the cor~ditional use permit that was granted to establish the facility, timely completion of the second half of the mosque and remaining site improvements, as well as the safety of the members of the congregation during the construction period. As a result of these efforts, staff believes the petitioner's request is no longer necessary. VOTE: 5-0 (with two Commission vacancies) DISCUSSION TIME: This item was not discussed. ~~ 07-14-03 Page 5 JULY 14, 2003 PLANNING COMMISSION MINUTES • 3a. CEQA CATEGORICAL EXEMPTION - CLASS 1 Continued to 3b. WAIVER OF CODE REQUIREMENT Jufy 28, 2003. 3c. CONDITIONAL USE PERMIT NO. 2001-04435 (TRACKING NO. CUP2003-04712) OWNER: Palmall Properties Inc., 1428 West Bay Avenue, Newport Beach, CA 92661 AGENT: Louis Garret, Fat Daddy's Auto Spa, 900 West Lincoln Avenue, Anaheim, CA 92806 LOCATION: 900 West Lincoln Avenue. Property is approximately 0.58-acre, located at the southwest corner of Lincoln Avenue and Ohio Street (Fat Daddy's Hand Auto Spa & Chicago Eatery). Request to amend or delete conditions of approval for a previously- approved carwash with accessory take-out fast food service and to permit a modular office trailer with waiver of minimum number of parking spaces.* *Subsequent to this item being advertised, the petitioner revised the request to delete the accessory take-out food service, modular office trailer and parking waiver. Continued from the June 16 and June 30, 2003, Planning Commission Meetings. • CONDITIONAL USE PERMIT RESOLUTION NO. sr5024jr.doc OPPOSITION: None ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (with two Commission vacancies), to continue the subject request to the July 28, 2003, Planning Commission meeting in order to allow more time to comply with conditions of approval and code enforcement violations pertaining to the car wash property. VOTE: 5-0 (with two Commission vacancies) DISCUSSION TIME: This item was not discussed. r 07-14-03 Page 6 JULY 14, 2003 PLANNING COMMISSION MINUTES ~ 4a. CEQA CATEGORICAL EXEMPTION - CLASS 1 (READVERTISED) 4b. WAIVER OF CODE REQUIREMENT 4c. CONDITIONAL USE PERMIT NO. 2003-04660 OWNER: Tran Thomas, The Vision Community Church, 1655 West Broadway, Suite 6, Anaheim, CA 92805 AGENT: Francis Yoon, 1655 West Broadway, Suite 6, Anaheim, CA 92805 LOCATION: 1655 West Broadwav. Property is approximately 0.83- acre having a frontage of 130 feet on the north side of Broadway, located 525 feet east of the centerline of Euclid Street. To permit and retain a church within an existing office building with waiver of setback for institutional uses adjacent to residential zones. Continued from the June 30, 2003, Planning Commission Meeting. CONDITIONAL USE PERMIT RESOLUTION NO. PC2003-106 Chairperson Vanderbilt asked staff to introduce the subject item. Concurred with staff Approved Granted sr8625vn.doc Greg McCafferty, Principai Planner, stated the subject request is to permit and retain a church that is • located in an existing office building at 1655 W. Broadway, Conditional Use Permit No. 2003-04660. He indicated staff is recommending approval of the one waiver and the conditional use permit, however, upon site inspection staff would recommend an additional condition to indicate, "that the landscaping at the west property line shall be refurbished". • Chairperson Vanderbilt asked that the applicant or representative to come forward to speak. Applicant's Statement: Myung Chung, 3380 Flair Drive, Suite #222, EI Monte, CA 91731. He stated he is the architect for the project, the subject project is a small church with about 150 members and currently the building is being used as a medicai office. The request is to convert it into a church with Sunday school and an office. He explained that they do have enough parking and would provide landscaping as recommended by the City Planning Department. Also, they would be a good neighbor and therefore request approval of the subject project. Chairperson Vanderbilt asked the applicant if he had a chance to review the staff report. Mr. Chung responded that he just received the staff report from his client, and does not see anything to be unusual. THE PUBLIC HEARING WAS CLOSED. Commissioner Bostwick asked the applicant if he has any problems with the added condition pertaining to refurbishment of the landscaping on the west property line. Mr. Chung responded that he has no problem with the added condition. i Commissioner Romero asked if he had a chance to review the staff report pertaining to the hours of operation. 07-14-03 Page 7 JULY 14, 2003 PLANNING COMMISSION MINUTES ~ Mr. Chung responded yes, that they have proposed the same to the Planning Department and it is acceptable. Commissioner Eastman asked if the property is to be used strictly for the church, with no other tenants in the buiiding. Mr. Chung indicated that all the tenants are moving out, once the construction is done it is just for the church. Commissioner Eastman asked if the signage issue has been addressed. Mr. Chung responded it is his understanding that the church would modify what is existing and utilize the same signage. Commissioner Eastman asked if staff discussed the signage issue with the applicant and would this be an opportunity to reduce the signage. She also asked if the existing sign is in compliance with the current sign ordinance. Mr. McCafferty stated that the existing signage is a sign that has permits, but is unaware of the dimensions. Therefore, he is not sure if it is consistent with what the code currently permits which is an 8' x 10' monument sign, 65 square feet in area per face. He explained that he is unaware whether it is a true monument sign with a base or a pole sign. Commissioner Eastman stated she thought it was a little bigger than what they are currently approving, therefore felt this may be an opportunity to have the applicant bring the existing sign into compliance. • Commissioner O'Connell asked if there are any pictures of the signage. Commissioner Vanderbilt stated that the pictures provided in the staff report does not allow them to see the sign, but he seems to recall that the existing sign does exceed 8 feet and may possible be 10 to 12 feet. Commissioner Eastman stated that it seems to be larger than what may be needed for the proposed church because it currently has some spaces for several different tenants, which is the reason why she asked previously if some of the tenants were remaining. Mr. McCafferty explained a few things could be done, one being we could require they come in for staff review on how they are going to use the sign and if staff is not comfortable with that, then we would recommend that it go before the Planning Commission. He further indicated that they struggle all the time with these older signs, being if they have enough nexus to ask them to modify the sign based on what the applicant is requesting. That is something that we are mindful of, but certainly if the applicant is going to work with staff on a change out of the sign, we can work with them. But, if staff feels that it is excessive, we can then bring it back to the Planning Commission. Commissioner Vanderbilt asked the applicant if he is in agreement. Mr. Chung responded yes, that he would like to make the signage comfortable with the City and would talk with his client about the issue. He further stated he would work with suggestions made by the Planning Department. ~ Mr. McCafferty noted both the additions would be within 60-days similar to the timing in Condition No. 17. 07-14-03 Page 8 JULY 14, 2003 PLANNING COMMISSION MINUTES ~ Commissioner Eastman indicated they would then need to add another condition. Mr. McCafferty responded yes, that there are two conditions, "that the landscaping along the west property line is to be refurbished", and "that a plan showing the use of the existing monument sign shall be submitted to staff within 60-days of the approval". FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (with two Commission vacancies), that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falis 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. 2003-04660 (to permit and retain a church within an existing office building), subject to the conditions of approval as stated in the staff report dated July 14, 2003, with the following modification: Added the following conditions of approval to read as follows: • That within 60 days of approval, landscaping at the west property line shall be refurbished. That within 60 days of approval, a plan showing the use (sign copy) of the existing monument sign shall be submitted to staff. VOTE: 5-0 (with two Commission vacancies) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 10 minutes (1:40-1:50) ~ 07-14-03 Page 9 JULY 14, 2003 PLANNING COMMISSION MINUTES ~ 5a. CEQA CATEGORICAL EXEMPTION - CLASS 1 5b. CONDITIONAL USE PERMIT NO. 2003-04718 OWNER: Don H. Watson, 2704 Cove Street, Corona Del Mar, CA 92625 AGENT: Steve Allan, Super Shuttle, 1901 South Chris Lane, Anaheim, CA 92805 LOCATION: 1901 South Chris Lane. Property is approximately 0.63- acre, having a frontage of 125 feet on the west side of Chris Lane, located 245 feet north of the centerline of Gene Autry Way (Super Shuttle). To permit automotive repair in conjunction with a shuttle business. ~ CONDITIONAL USE PERMIT RESOLUTION NO. PC2003-107 Concurred with staff Granted sr8624av.doc Chairperson Vanderbilt introduced the subject item located at 1901 S. Chris Lane, Super Shuttle project, and he asked the applicant or representative to come forward to speak. Applicant's Statement: William Beale, 1901 S. Chris Lane, Anaheim, CA 92805, stated he is present to represent Super Shuttle. Chairperson Vanderbilt asked the applicant if he had a chance to review the staff report. Mr. Beale responded yes. Chairperson Vanderbilt asked if he had any questions or concerns. Mr. Beale responded no, and stated that he feels they have worked closely with the Planning Department and have obtained everything that has been requested. Currently, their only issue pertains to the trash bin enclosure. THE PUBLIC HEARING WAS CLOSED. Commissioner Bostwick stated when the Super Shuttle use to be across the street from his business, there were a lot of vans that stayed overnight and there was a liquid naturaf gas fueling station. Mr. Beale agreed. Commissioner Bostwick asked if that is the plans for the subject location. Mr. Beale responded no, and explained that since post September 11th, they remodeled their business and removed all 184 vans and became owner operated. Therefore, they don't need the utilization of the fueling station and the current owner of the property has asked the fueling company to vacate that fueling station within forty-five (45) days, which would have been approximately fifteen (15) days ago. Commissioner O'Connell asked if there would be any storage at the subject property. ~ Mr. Beale responded that the Chris Lane facility is strictly for administrative and minor repair use, the reason being is that they have ten (10) vehicles as he contracts services for Disneyland Resort and it 07-14-03 Page 10 JULY 14, 2003 PLANNING COMMISSION MINUTES ~ is a 24/7 operation. The vehicles are basically stored at the Katella and Clementine location, and runs 24 hours a day for cast members and employees. Greg McCafferty stated when the site was visited, they observed barbed wire that is visible from the right-of-way; therefore, staff would request that it be removed in compliance with City standards. Chairperson Vanderbilt asked the applicant if he would like to respond. Mr. Beale responded they do not have any objections and indicated when they first came on the property there was a closed fence with barbed wire. From what he understood with the Planning Department, is that they were to remove any visible barbed wire that was on the front gate, therefore they took the gate out completely. He concurred that there is barbed wire remaining in the back, on all three sides of the property and if that needs to be removed they would not have any objections. Mr. McCafferty explained only those portions visible to the right-of-way; as long as it is not visible then it would not have to be removed. Mr. Beale noted that he understood. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (with two Commission vacancies), 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. 2003-04718 (to permit vehicle repair in conjunction with a shuttle business), subject to the conditions of approval as stated in the staff report dated July 14, 2003, with the following modification: Added the following condition of approval to read as follows: That the barbed wire visible to the right-of-way be removed in compliance with City standards. VOTE: 5-0 (with two Commission vacancies) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 5 minutes (1:51-1:56) ~ 07-14-03 Page 11 JULY 14, 2003 PLANNING COMMISSION MINUTES ~ 6a. CEQA NEGATIVE DECLARATION Continued to 6b. WAIVER OF CODE REQUIREMENT August 25, 2003. 6c. CONDITIONAL USE PERMIT NO. 2003-04719 OWNER: Edward J. Brumleu Jr., 18612 Mariposa Drive, Villa Park, CA 92861 AGENT: Jerry King, 1280 North Sunshine Way, Anaheim, CA 92806 LOCATION: 1280 North Sunshine Wav. Property is approximately 0.46-acre, having a frontage of 65 feet on the northerly,side of Sunshine Way, located at the easterly terminus of Sunshine Way. To permit and retain an automobile parts installation facility with waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO, sr5021jr.doc OPPOSITION: None ~ ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (with two Commission vacancies), to continue the subject request to the August 25, 2003, Planning Commission meeting in order to address site design issues with staff and retain a consultant for assistance in processing this request. VOTE: 5-0 (with two Commission vacancies) DISCUSSION TIME: This item was not discussed. ~~ 07-14-03 Page 12 JULY 14, 2003 PLANNING COMMISSION MINUTES . 7a. CEQA CATEGORICAL EXEMPTION - CLASS 1 7b. CONDITIONAL USE PERMIT NO. 2003-04720 OWNER: Louis P. Smaldino, 13583 East Whittier Boulevard, Whittier, CA 90605 AGENT: Nabil Houri, 12 Longstreet, Irvine, CA 92620 LOCATION: 804 South Anaheim Boulevard. Property is approximately 0.43-acre, located at the southeast corner of Anaheim Boulevard and South Street. To establish a W.I.C. convenience store and to establish land use conformity with existing zoning code land use requirements for an existing legal nonconforming liquor store. CONDITIONAL USE PERMIT RESOLUTION NO. Continued to August 11, 2003. sr3032_aey.doc OPPOSITION: None • ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (with two Commission vacancies), to continue the subject request to the August 11, 2003, Planning Commission meeting in order to allow for time to work with the property owner regarding issues pertaining to land use conformity for the liquor store. VOTE: 5-0 (with two Commission vacancies) DISCUSSION TIME: This item was not discussed. ~~ 07-14-03 Page 13 JULY 14, 2003 PLANNING COMMISSION MINUTES • 8a. CEQA NEGATIVE DECLARATION Approved 8b. WAIVER OF CODE REQUIREMENT Approved 8c. COND1710NAL USE PERMIT NO. 2003-04721 Granted for 15 years (to expire on OWNER: Kewg T. Taing, 2031 Vista Canyon Road, Orange, CA July 14, 2018) 92867 AGENT: Jeff Farano, 2300 East Katella Avenue, Suite 235, Anaheim, CA 92806 LOCATION: 1841 South State Colleqe Boulevard. Property is approximately 1.0 acre, having a frontage of 187 feet on the west side of State College Boulevard, located 470 feet south of the centerline of Katella Avenue. To permit a retail carpet and flooring business with waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. PC2003-108 sr3033ey.doc Chairperson Vanderbi{t introduced the subject item iocated at 1841 S. State College Boulevard, and he asked the applicant or representative to come forward to speak. Applicant's Statement: ~ Jeff Farano, 2300 East Katella Avenue, Suite 235, Anaheim, CA 92806. He stated he is present on behalf of the applicant and that they have reviewed the staff report and are in agreement, but with the exception of one item which he will address shortly. He stated that they have been fairly explanatory as to the project which is going to be a retail carpet outlet, they are in negotiations and are going to use it as a franchise as described in the application for Stone Mountain Retail. He stated a question was raised by staff, which he didn't see in the application regarding the color scheme. He explained that the building would be primarily white. He then referred to a photograph that he previously submitted to staff and stated on the lower left hand corner there is an example of another Stone Mountain building. The entrance of the building where they are redoing the windows and doors and putting in some architectural detail will basically be that color scheme or very close to it, because that is the essential colors of the Stone Mountain franchise. The rest of the building would then be white or some similar neutral color. The architectural detail being added to it would be probably steel color with some type of coating. He explained that the owner of the subject use has operated New York Carpeting on State College Boulevard in Anaheim for many years. They are entering into a negotiation to do the Stone Mountain franchise at the subject property, which is a very good location for them because of the traffic and the "tile mile" use. He further explained that al! uses, materials, inventory, etc., would all be inside, with no outside storage. He stated their only concern is the landscape issue and stated that the staff report indicates there are two (2) trees out front in the landscape area, and he noted that there are three (3) trees existing. The picture that is provided on page 2 of the staff report, doesn't display the third tree, which is an Olive Tree, it is off to the left and is cut off of the picture. ~ He stated according to the ordinance, it states you need a tree for every 20 feet and the issue with that is essentially there is only a 10-foot wide landscape for the subject area, and a tree every 20 feet would essentially block the building from any view of the street. He felt that the best preference is to 07-14-03 Page 14 JULY 14, 2003 PLANNING COMMISSION MINUTES ~ allow the existing landscape to remain and if there has to be more trees, he would like to reduce the number of trees required and not require the trees to be essentially in front of the building. He referred to the photograph on page 2 of the staff report and stated that the north corner of the building, in the front, there is a tree there now and would like to leave that area open for visibility from the street. If any additional landscaping were needed, they would propose to provide additional landscaping such as a planter with shrubs and some flowers of color in between the trees. They could submit another set of landscape plans, and go forward today on the approval of the subject project, but state subject to approval of the landscape plan. He presented staff with a photograph and stated it was taken today. He pointed out that the three (3) trees are equally spaced in front of the building and if spreaded out by putting additional trees across the building, it would cover up the whole building. Aiso, he noted they do want to do a monument sign that is not part of the application, it is going to be within the dimensions and permissions allowed by Code and would not be requesting any waivers. Chairperson Vanderbilt proceeded to ask if anyone was present to speak on the subject item. Mr. Farano stated that he would like to speak on one other item pertaining to the hours of operation, which states that the hours would be 10:00 a.m. -7:00 p.m., seven (7) days a week. But, explained that they would request a change in the hours of operation to be Monday through Friday, 8:00 a.m.- 7:00 p.m., and Saturday and Sunday, 10:00 a.m.-5:00 p.m. THE PUBLIC HEARING WAS CLOS~D. Commissioner O'Connell stated he has questions on the signage, and asked Mr. Farano if he is talking about leaving the Olive Trees alone and then in the signage you would have a monument sign, he ~ asked would you have any other additional signage higher, as in the doorway. Mr. Farano stated they have proposed a sign over the door and referred to the plans. He pointed out information pertaining to the elevations and architectural details and explained that they would leave the three (3) existing trees in the landscaping and then a monument sign would be in that landscape area within the size and area permitted by code. It would be similar to the same sign on the side of the building. Commissioner O'Connell asked if he wanted to add additionaf shrubbage. Mr. Farano responded that would be our proposal in exchange for putting in additional trees, we would put additionai shrubbery and a flower area, as a garden area, in between the trees that is in the landscaping now. Chairperson Vanderbilt pointed out that the pictures that were provided in the staff report show the trees with a fuller canopy. In the most recent picture that was just provided today by the applicant shows the trees having been trimmed. He asked the applicant if he believes that the trees are going to be allowed to grow or is it the intent to leave the trees trimmed. Mr. Farano indicated they would keep the trees trimmed as shown in the picture that he just presented. He explained the trees have been there for a long time and the prior occupant/owner of the building had not trimmed them. When they committed to the property is when the trees were trimmed. For marketing purposes you would want to keep the trees trimmed for appearances as well as visibility of the building. Therefore, a gardener has been hired to maintain the building on a regular basis, including the trimming of the trees. Chairperson Vanderbilt asked for clarification on the issue af the hours of operation. ~ Greg McCafferty informed that there is no condition in the staff report regarding hours, therefore, staff does not have an issue regarding the hours. 07-14-03 Page 15 JULY 14, 2003 PLANNING COMMISSION MINUTES ~ Chairperson Vanderbilt referred to page 3 of the staff report, Paragraph 11, pertaining to the letter of operation, which states "open daily from 10 a.m. to 7 p.m." and now the applicant has stated a modification to those hours. Commissioner Bostwick informed that since we haven't conditioned anything in the actual conditions of the conditional use permit, that the applicant could operate at any hours he wished, unless Commission requests a condition to set the hours. Chairperson Vanderbilt asked if the applicant is bound by the petitioner's letter of operation. Mr. McCafferty explained as long as iYs not conditioned through the conditional use permit, the applicant could operate as he sees fit, and in this area we didn't see any problems regarding the hours he wanted to operate. Chairperson Vanderbilt stated that it is noted in the record; therefore, there would not be any additional questions or concerns. Commissioner Romero stated the staff report indicates 37 parking spaces, but he counted twelve (12) in the front and another fifteen (15) on the side. Also, the building is currently vacant, but if you look facing south, all those spaces on the side are filled and he asked who is parking in those spaces. Mr. Farano stated it is his understanding that those cars are from the adjoining businesses, and since the building has lieen vacant, they are just parking there. He explained that the parking would only be for our customers and empfoyees. There is also parking in the rear, the gates would be open and that would be for customer parking as well, to make up the total of 37 spaces. We do not have an easements or agreements with any other property owners to allow them to park on our site, and stated ~ that they would maintain exc(usiveness for the subject use. Commissioner Romero asked if he is securing a 15-year lease. Mr. Farano responded yes. Commissioner Romero suggested putting a time limit on the conditional use permit for 15-years due to the proximity to the Stadium Area. Commissioner Eastman referred to staff's recommendation regarding the seven (7) trees, and stated that it seems like a lot of trees. She asked staff what types of trees were being suggested. Mr. McCafferty stated staff is flexible as long as it is keeping with the spirit of the Stadium Area Master Land Use Plan Plant Palette. He also noted that the trees can be grouped, they don't have to be on center. There could be trees that have a higher canopy or just a"cotton top" such as palm trees. He explained because of the area where it is at and being the City has invested a lot of money into the Stadium Area and in the right-of-way, with the enhancements that have been done with landscaping, staff wants to bring everyone along with that theme. Commissioner Bostwick asked if the seven (7) trees are total or in addition to the existing three (3). Mr. McCafferty stated it is a total of nine (9), and Mr. Farano is correct that there are three (3) currently existing, therefore the condition would be revised to state six (6) if that is what the Commission was disposed to do. Mr. Farano stated that a Planner sent a list of trees that are acceptable in the area, and there are five ~ (5) different trees that can be used, but we haven't looked at it to decide which trees would work or not, because quite frankly when the application was submitted, we thought the building and landscaping would stay the way it is and we wouldn't be requested to add additionaf trees. Therefore, 07-14-03 Page 16 JULY 14, 2003 PLANNfNG COMMISSION MINUTES ~ we really haven't had an opportunity to look at what trees on the list would work and what would not. He noted that the Code is a little bit unclear as if it has to be every 20 feet or can they be grouped down to one end. We would like the permission if we have to put in some additional trees to at least group them down on the south end of the property. Commissioner Bostwick stated he would hate to see the loss of nice trees, but suggested removing some of the variegated (multi-trunk) trees where you have a low tree with a lot of brush on the top of it and replace them with Queen Palms where you can group together, similar to what the Arco station right on the corner has done, therefore allowing the property to be visible. Mr. Farano explained they do not know and can not say how many trees they are going to plant, because the problem is there is only 12 feet of iandscape area along the lengths of the building and there is no where else to put the trees. They haven't yet examined it, therefore, if they have to put in more trees they would like to come back with a certain plan. He indicated he doesn't want to stop today's approval of the subject use and suggested it be subject to approval of the landscape plan. Mr. McCafferty was in agreement, and stated to the extent feasible that they could plant more trees and we would certainly work with them, it is not our intent to disrupt the visibility of the business but to enhance the area. If the Commission is disposed of that then we could craft a condition that indicates "that to the extent feasible the applicant would work with staff to plant an additional six (6) trees" and they could be grouped however the applicant wishes. He also noted that if there is any disagreement, it could then come back to the Planning Commission as a Consent Calendar item. Commissioner Bostwick referred to Commissioner's Romero comment regarding the 15-year time limitation on the conditional use permit in order to match the lease and asked staff and/or applicant if they have any concerns. ~ Chairperson Vanderbilt referred back to Commissioner Romero's question regarding the additional parking and stated based on the staff report and the plans, is it the understanding that the area that is fenced off is counted towards the parking. Mr. McCafferty stated it has to be open and accessible and there is a good count on the site plan, there are 37 parking spaces and believes there is a gate towards the rear that would need to be maintained opened, so that they are accessible to customers. Mr. McCafferty clarified with Commissioner Bostwick if his previous question is for staff or the applicant. Commissioner Bostwick responded for both. Mr. Farano asked if Commissioner Bostwick would repeat the question. Commissioner Bostwick reiterated that Commissioner Romero had proposed a 15-year limit on the conditional use permit in order to match the lease and asked if that is acceptable. Mr. Farano was in agreement, and stated that is the length of their lease and he has just double checked and there is no option negotiated on the lease to extend it after that, therefore, as long as it covers the term of their lease, that would be fine. During action taken on the subject item, Mr. Farano asked if there is a need to reduce the number of trees that they are going to be planting, would it require a waiver. Mr. McCafferty responded no. ~ Mr. Farano clarified the condition is indicating that planting the six (6) trees would be subject to approval of the landscape plan and explained that his concern is what if he feels (4) trees would be more acceptable. 07-14-03 Page 17 JULY 14, 2003 PLANNING COMMISSION MINUTES ~ Commissioner Bostwick assured the applicant if it cannot be worked out with staff, the item could come back to the Planning Commission as a Reports and Recommendations item. Mr. Farano stated that the ordinance he read on the internet, states 15-inch box and staff is requesting 24-inch box. Commissioner Bostwick explained to the applicant that they have been going with 24-inch box trees for about 2-3 years now. Mr. Farano indicated he understood. • • ~- • - ~ • • ~ • OPPOSITION: None A photograph was submitted. ACTION: Approved CEQA Negative Declaration Approved Waiver of Code Requirement Granted Conditional Use Permit No. 2003-04721 (to permit a retail carpet and flooring business for a period of 15 years, to expire on July 14, 2018), subject to the conditions of approval as stated in the staff report dated July 14, 2003, with modification as follows: ~ Modified Condition No. 2 to read as follows: That to the extent feasible, °°"~ six (6) minimum 24-inch box sized trees shall be planted within the landscaped setback adjacent to State College Boulevard. Further, said trees shall be consistent with the Stadium Area Master Land Use Plan Plant Palette. A landscaping plan showing the trees shall be submitted to the Zoning Division for review and approval. Any decision by the Zoning Division may be appealed to the Planning Commission as a Reports and Recommendation item. Said trees shall be maintained in a live and healthy condition. VOTE: 5-0 (with two Commission vacancies) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 22 minutes (1:57 - 2:19) ~ 07-14-03 Page 18 JULY 14, 2003 PLANNING COMMISSION MINUTES ;~ MEETING ADJOURNED AT 2:2p P.M. TO MONDAY, JULY 28, 2003 AT 11:00 A.M. FOR PRELIMINARY PLAN REVIEW. Respectfully submitted: ~i~e~/~(/~, ,~~-~~.~ - -/ Elly Morris Senior Secretary ~ ~ Received and approved by the Planning Commission on v ~~ , 2003. 07-14-03 Page 19