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Minutes-PC 2004/01/12s CITY OF ANAHEIM PLANNING COMMISSION MINUTES MONDAY, JANUARY 12, 2004 Council Chambers, City Hall 200 South Anaheim Boulevard, Anaheim, California u CHAIRPERSON: JAMES VANDERBILT-LINARES COMMISSIONERS PRESENT: PAUL BOSTWICK, KELLY BUFFA, GAIL EASTMAN, CECILIA FLORES, JERRY O'CONNELL, DAVID ROMERO COMMISSIONERS ABSENT: NONE STAFF PRESENT: Selma Mann, Assistant City Attorney Greg Hastings, Zoning Division Manager Greg McCafferty, Principal Planner Alfred Yalda, Principal Transportation Planner James Ling, Associate Civil Engineer Pat Chandfer, Senior Secretary Danielle Masciel, Word Processing Operator AGENDA POSTING: A complete copy of the Planning Commission Agenda was posted at 9:30 a.m. on Thursday, January 8, 2004, 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, December 18, 2003. CALL TO ORDER PLANNING COMMISSION MORNING SESSION 10:30 A.M. ~ REVIEW OF BROWN ACT AND DUE PROCESS PROVISIONS BY THE CITY ATTORNEY'S OFFICE • STAFF UPDATE TO COMMISSION ON VARIOUS C1TY DEVELOPMENTS AND ISSUES (AS REQUESTED BY PLANNING COMMISSION) • PRELIMINARY PLAN REVIEW FOR ITEMS ON THE JANUARY 12, 2004 AGENDA i RECESS TO AFTERNOON PUBLIC HEARING SESSION RECONVENE TO PUBLIC HEARING 1:30 P.M. 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 O'Connell PUBLIC COMMENTS CONSENT CALENDAR PUBLIC HEARING ITEMS ADJOURNMENT H:\DOCS\CLERICAL\MINUTESWC011204.DOC ~Ianningcommission(a~anaheim.net U 1-'I 1-U4 Page 1 JANUARY 12, 2004 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 pubfic hearing items. CONSENT CALENDAR: Items 1-A through 1-C 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 for approval of Consent Calendar Items (1-A through 1-C) as recommended by staff. UNANIMOUSLY APPROVED. REPORTS AND RECOMMENDATIONS • A. (a) CONDITIONAL USE PERMIT NOS. 88 & 3045 (TRACKWG NO. CUP2003-04804) Mahmoud Bdaiwi, Toura #2 L.P., 3972 Barranca Parkway, J-425, Irvine, CA 92606, requests termination of Conditional Use Permit No. 88 (to operate a nursery home for children of pre-school age) and Conditional Use Permit No. 3045 (to permit an addition to an existing pre-school). Property is located at 1597 West Katella Avenue. TERMINATION RESOLUTION NO. PC2004-1. • Terminated (Vote: 7-0) sr8678gk.doc 01-12-04 Page 2 JANUARY 12, 2004 PLANNING COMM{SSION MINUTES ~ B. (a) CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) Approved (b) CONDITIONAL USE PERMIT NO. 2002-04622 Approved a one (1) year (TRACKING NO. CUP2003-04803) extension of time to Gary Frazier, Acacia Housing Advisors, 6445 Joshua Tree Avenue, comply with conditions of Orange, CA 92867, requests an extension of time to comply with approval (to expire on conditions of approval for a previously-approved request to convert an January 14, 2005) existing 117-unit motel (Lincoln Inn) to an 84-unit affordabie senior citizens apartment complex with a density bonus and waivers. Property is located at 2748 West Lincoln Avenue. (Vote: 7-0) ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Eastman 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 Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED that the Anaheim City Planning Commission does hereby approve the request for a one (1) year extension of time to expire on January 14, 2005, based on the following: (i) That this is the first request for an extension of time to comply with conditions of approval and the property has been properly maintained. (ii) That there have been no changes to the Anaheim General Plan ~ and Zoning Code that would affect this project. No additional information or changed circumstances are present which would contradict the facts used to support the required findings for approvaf of this Conditional Use Permit. (iii) That the property is being maintained, and conversion of the use to senior apartments in conformance with the conditional use permit will bring the property into compliance with the Anaheim Municipal Code. sr1137cw.doc • 01-12-04 Page 3 JANUARY 12, 2004 PLANNING COMMISSION MINUTES ~ C. Receiving and approving the Minutes from the Planning Commission Meeting of December 15, 2003. (Motion) ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED, that the Anaheim City Planning Commission does hereby receive and approve the minutes for the Planning Commission meeting of December 15, 2003, with the following modification: Corrected page 14, 2"d paragraph as follows: Commissioner Bostwick abstained due to his owning the subject property. • • Approved, with modification to page 14. (Vote: 7-0) 01-12-04 Page 4 JANUARY 12, 2004 PLANNING COMMISSION MINUTES . PUBLIC HEARING ITEMS: 2a. CEQA CATEGORICAL EXEMPTION - CLASS 1 2b. CONDITIONAL USE PERMIT NO. 1397 (TRACKING NO. CUP2003-04807) OWNER: Robert L. Wetzler, 31722 Paseo Terraza, San Juan Capistrano, CA 92671 AGENT: Elmer F. Nelson, M& N Property Management, 12550 Srookhurst Street, Suite C, Garden Grove, CA 92840 LOCATION: 2954 West Bali Road. Property is approximately 2.4 acres, located at the southeast corner of Beach Boulevard and Ball Road (Arroyo Grande Restaurant). Request to permit on premises sales and consumption of alcoholic beverages and amend a condition of approval pertaining to hours of operation in conjunction with an existing restaurant. CONDITIONAL USE PERMIT RESOLUTION NO. ~ • OPPOSITION: None Continued to January 26, 2004 sr8683av.doc ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Eastman and M0710N CARRIED to continue the subject request to the January 26, 2004, Planning Commission meeting as requested by the petitioner, in order to schedule a Code Enforcement Division inspection of the restaurant to measure sound pressure leveis of the entertainment from the adjacent mobile home park. VOTE: 7-0 DISCUSSION TIME: This item was not discussed. 01-12-04 Page 5 JANUARY 12, 2004 PLANNING COMMISSION MINUTES • ~~ ~ ~ 3a. CEQA CATEGORICAL EXEMPTION - CLASS 1 Concurred with staff 3b. CONDITIONAL USE PERMIT NO. 2001-04465 Approved reinstatement (TRACKING NO. CUP2003-04810) with defetion of the time limitation. OWNER: Amana Corporation, 8383 Wilshire Boulevard, Suite 532, Beverly Hills, CA 90211 AGENT: Brian S. Kim, 20202 Village Green Drive, Lakewood, CA 90715 LOCATION: 5642 East La Palma Avenue. Property is approximately 3.2 acres, located south and west of the southwest corner of La Palma Avenue and Imperial Highway (Cyber World). Request reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on December 3, 2001 to expire December 3, 2003) and modification to the previously-approved floor plan to retain an internet access and amusement (entertainment) business. CONDITIONAL USE PERMI7 RESOLUTION NO. PC2004-2 sr3058ey.doc Chairperson Vanderbilt-Linares opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 3, Conditional Use Permit No. 2001-04465. Regarding modifications to the floor plans to add two tabies in the lobby area. Staff has discussed the issue with the Fire Department and a restriction was made that they maintain a distance of a 3-foot separation between each table in the seating areas, and based on the site plan it couid be accomplished. Applicant's Statement: Justin Yang, 20202 Vi{lage Green Drive, Lakewood, CA, stated he is the partial owner of Cyber World. They have been complying with most of the conditions for two years, therefore they're requesting approval of the reinstatement. THE PUBLIC HEARING WAS CLOSED. Commissioner Flores stated she visited the site yesterday and noticed an exit being blocked with cleaning supplies. Mr. Yang stated their main exit remains open during business hours, they don't use the other exit. Mr. McCafferty stated the Fire Department might need to look into the issue. Chairperson Vanderbilt-Linares referred to Condition No. 9, and asked the applicant when it is dark outside could people see in from the outside, and asked how the lighting is inside the premises. Mr. Yang explained you could see inside the premises at all times. Chung Kim, co-owner of the business, stated the lighting inside the premises remains the same at all times, and it is easier at night to see inside the premises than during the daytime. • • ~ ~- • ~ • ~ ~ • 01-12-04 Page 6 JANUARY 12, 2004 PLANNING COMMISSION MINUTES ~ OPPOSITION: None ACTION: Commissioner Eastman 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 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 the request for reinstatement of Conditional Use Permit No. 2001-04465 (Tracking No.CUP2003-04810) to retain a computer rental and an internet access and amusement (entertainment) business, without a time limitation. Amended Resolution No. PC2001-168 in its entirety and replaced it with a new resolution which includes the following conditions of approvai (Condition No. 9 was modified at today's meeting): 1. That the hours of operation shall be limited to: Sunday through Thursday: 10 a.m. to 2 a.m. Friday and Saturday: 10 a.m. to 4 a.m. 2. That the number of computer workstations shall be limited to sixty-six (66). S 3. That no exterior vending machines visible to the public right-of-way shall be permitted. 4. That food sales shall be limited to two (2) vending machines located inside the building. No prepared food shall be permitted. 5. That no alcoholic beverages shall be consumed or sold on the premises. 6. That no minors shall be altowed on the premises during normal school hours and/or after 10 p.m. without parenUguardian supervision. 7. That the interior of the business shall be adequately illuminated to make easily discernible the conduct of patrons within the premises. Said information shall be specifically shown on plans submitted for Zoning Division and Police Department approval. 8. That the computer stations shall be open and observable to employees at ali times and no partition walls shall be permitted. 9. That r~s window tinting may be permitted only to the extent it does not obstruct visibility into the tenant space; and that no other view-obstructing material including window signs shall be permitted. 10. That there shall be no public telephone on the premises located outside the building and under control of the petitioner. • 11. That there shall be no seating areas or tables other than the computer workstations, and the ten (10) seats and two tables shown on Exhibit No. 2 (Revision No. 1) as approved by the Planning Commission. 01-12-04 Page 7 JANUARY 12, 2004 PLANNING COMMISSION MINUTES ~ 12. That the 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 Exhibit Nos. 1 and 2(Revision No. 1) and as conditioned herein. 13. That four (4) foot high address numbers shall be maintained on the roof of the building in a contrasting color to the roof material. The numbers shall not be visible to surrounding streets or properties. 14. That signage shall be limited to existing and approved signs. Any additional signage shall be subject to review and approval by the Zoning Division. Any decision by staff may be appealed to Planning Commission as a Report and Recommendation item. 15. That approval of this application constitutes approval of the proposed request only to the extent that it compiies with the Anaheim Municipa{ 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, reguiation or requirement. VOTE: 7-0 Selma Mann, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, February 3, 2004. • DISCUSSION TIME: 11 minutes (1:48-1:59). ~ 01-12-04 Page 8 JANUARY 12, 2004 PLANNING COMMISSION MINUTES ! 4a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) Approved 4b. CONDITIONAL USE PERMIT NO. 4107 Approved reinstatement (TRACKING NO. CUP2003-04812) with deletion of the time limitation. OWNER: Euclid Shopping Center, 2293 West Ball Road, Anaheim, CA 92804 AGENT: Gerald Unterkoefler, Euclid Shopping Center, LLC, 8294 Mira Mesa Boulevard, San Diego, CA 92126 LOCATION: 1614 West Katella Avenue. Property is approximately 18.6 acres, located at the southeast corner of Katella Avenue and Euclid Street (Euclid Shopping Center). Request reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on March 15, 1999 to expire March 15, 2004) to retain a previously-approved walk- up and drive-through fast food restaurant with outdoor seating in an existing commercial retai! center. CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-3 sr8682gk.doc Chairperson Vanderbilt-Linares opened the public hearing. ~ Greg McCafferty, Principal Planner, introduced Item No. 4, Conditional Use Perm it No. 4107. ApplicanYs Statement: Gerald Unterkoefler, 8294 Mira Mesa Boulevard, San Diego, CA, stated he represents the applicant and is in favor of the request. THE PUBLIC HEARING WAS CLOSED. OPPOSITION: None ACTtON: Commissioner Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED, that the Anaheim City P{anning Commission does hereby determine that the previously-approved Negative Declaration is adequate to serve as the required environmental documentation for subject request. Approved the request for reinstatement of Conditional Use Permit No. 4107 (Tracking No. CUP2003-04812) to retain a previously-approved walk-up and drive-through fast food restaurant with outdoor seating in an existing commercial retail center, without a time limitation. Amended Resolution No. PC99-50 in its entirety and replaced with a new resolution which includes the following conditions of approval: ~ 1. 7hat landscape planters shall be maintained as shown on approved Exhibit No. 2 in Resolution No. PC99-50. A minimum of 4 minimum 24-inch box 01-12-04 Page 9 JANUARY 12, 2004 PLANNING COMMISSION MINUTES ~ size trees sha41 be maintained in these areas. All trees and other fandscape materials shall be irrigated, maintained and replaced in the event any tree or landscape material becomes dead or diseased. 2. That signage for the subject business shall be limited to that shown on the exhibits submitted by the petitioner. Any additional signage shall be subject to approval by the Planning Commission as a Reports and Recommendations item. 3. That no freestanding or roof-mounted signs shall be permitted. 4. That no signage shall be permitted on the awnings located on the north and south building elevations nor on the umbrellas in the outdoor seating area. That the awnings and umbrellas shail be maintained in good repair at all times. 5. That no window signage shall be permitted with the exception of one menu board each at the walk-up and drive-through windows. 6. That no-roof mounted balloons or other inflatable devices shall be permitted. 7. That no telephones shall be located outside of the building. 8. That there shall be no sales of beer, wine or other alcoholic beverages of any kind on the premises, unless a conditional use permit is approved authorizing such use. • 9. No video, electronic or other amusement devices or games shall be permitted. 10. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view. 11. That the existing structure shaff comply with the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim. 12. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials. 13. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 14. 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 designed, {ocated 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 1-galfon size clinging vines planted on maximum 3-foot centers or tall shrubbery. • 15. That 3-foot high address numbers shall be displayed and maintained on the roof in a contrasting color to the roof material. The numbers sha11 not be visible from the view of the street or adjacent properties. 01-12-04 Page 10 JANUARY 12, 2004 PLANNING COMMISSION MINUTES ~ 16. That the outdoor seating area shall be limited to four tables and eight seats. 17. 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 Nos. 1 and 2 of Resolution No. PC 99-50, and as conditioned herein. 18. 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: 7-0 Selma Mann, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, February 3, 2004. DISCUSSION TIME: 2 minutes (2:00-2:02) ~ • 01-12-04 Page 11 JANUARY 12, 2004 PLANNING COMMISSION MINUTES ~ 5a. CEQA CATEGORICAL EXEMPTION - CLASS 1 5b. VARIANCE NO. 447 (TRACKING NO. VAR2003-04591) OWNER: Wayne Cheung, 1200 East Broadway, Anaheim, CA 92805 AGENT: Steven & L. Lazerson, 541 South Grand Avenue, West Covina, CA 91791 LOCATION: 300 South East Street and 1200 East Broadwav. Property is approximately 0.49-acre, located at the southeast corner of Broadway and East Street (Anaheim Service Station}. Request reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on February 12, 2001 to expire March 16, 2004) to retain an existing gasoline service station with accessory automotive repair. VARtANCE RESOLUTION NO. PC2004-4 Chairperson Vanderbilt-Linares opened the public hearing. Concurred with staff Approved reinstatement for 5 years (to expire on March 16, 2009). sr5075jr.doc Greg McCafferty, Principal Planner, introduced Item No. 5, Variance No. 447. ~ He referred to Condition No. 17, and stated staff talked with the applicant and it was verified that the drums are being stored within a containment berm with a roof over it, which does comply with the ' minimum requirements. Applicant's Statement: Steven Lazerson, 541 South Grand Avenue, West Covina, CA, stated he is the agent representing the owner. He referred to Condition No. 2, and stated refurbishments have been corrected and photographs of the corrections were submitted today to Mr. Ramirez of the Planning Department, and asked for a deletion of the time limitation. Public Testimony: Marlene Neumann, 1212 E. Broadway, Anaheim, stated the applicant is an excelfent neighbor, and asked for clarification on page 1, paragraph 3, of the staff report as it states "two (2) multiple family dwelfing units". She explained there are no dwelling units on the subject property, and her property is adjacent but separate from the subject property. Mr. McCafferty responded it is a very old variance, and when it was originally approved it did include the easterly property, and even though functionally the service station is apart from the homes, they still have to advertise the variance how it was originally presented. It is just a formality, and staff understands the variance functions primarily for the gas station and not the units to the east. Mrs. Neumann verified they are separate properties because they have their own deeds. i Mr. McCafferty was in agreement. 01-12-04 Page 12 JANUARY 12, 2004 PLANNING COMMISSION MINUTES • Mrs. Neumann stated behind the service station there is a wall and behind that wall is another wall for the apartment building. She expressed concern about the space in between those walis, which has been used for trash, etc. Mr. McCafferty stated it appears the wall was not built to the property line, and suggested Code Enforcement be informed in order to come up with a solution to eliminate the nuisance. THE PUBLIC HEARING WAS CLOSED. OPPOSiTION: None IN GENERAL: 1 person spoke with concerns pertaining to the two parallel block walls located at the south property line adjacent to the apartments. ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Eastman 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. Approved the request for reinstatement of Variance No. 447 (Tracking No.VAR2003- 04591) to retain an existing gasoline service station with accessory automotive repair for ~ a period of five (5) years to expire on March 16, 2009. Amended Resolution No. PC2001-22 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 the subject use shall expire March 16, 2009 (five years from the date of the last expiration). 2. That within a period of ninety (90) days from the date of this resolution, the property owner shall complete the following: (a) Repaint/refurbish the existing service station building and monument sign. (b) Replace the wooden slats in the existing chain link fence with PVC slats as required by Code. (c) Plant and maintain trees or shrubs in the planter pots located adjacent to the service station building. (d) Remove the razor wire installed on the existing chain link fencing or relocate the razor wire such that it is not visible from the public right-of- way. 3. That trash storage areas shall be maintained to the satisfaction of the Streets and Sanitation Division, Department of Public Works, to comply with minimum requirements including the installation and maintenance of doors to screen trash bins from the public's view. • 4. That no outdoor storage of, or display of, vehicles or vehicufar parts shall be permitted; and that no outdoor work of any kind (including any operations 01-12-04 Page 13 JANUARY 12, 2004 PLANNING COMMISSION MINUTES ~ where only part of the car is inside the building, except for smog checks on front wheel drive cars) shall be conducted on the property. 5. That the existing public telephone shall remain located within the service station building or removed from the property. 6. That the owner of the subject property shall be responsible for the removal of any on-site graffiti within twenty-four (24) hours of its application. 7. That landscaping consisting of trees, shrubs, groundcover, and flowering plants shall be maintained in landscape planters and large above-ground planter boxes or pots. 8. That ciinging vines shall be maintained on maximum three (3) foot centers adjacent to all masonry walls and trash enclosure walls visible to the public rights-of-way. 9. That overnight vehicle parking shall be limited to inside the building or to the fenced yard to the rear of the building. 10. That only gasoline sales, oil changes, smog checks, brakes, tune-ups, air conditioning services and diagnostic services shall be permitted. 11. That automobile bodywork, major transmission repair, major engine overhaui, painting, and retail sales of automobiles, their parts or tires shall not be permitted. ~ 12. That no canopies, awnings, or similar types of overhead shade coverings for the purpose of providing an area for outdoor work or any other activity associated with this business shall be permitted anywhere on the property. 13. That the primary use of this business shall be gasoline sales in accordance with the original approval of this Variance No. 447. 14. That no propane tanks shail be permitted. 15. That all vehicles awaiting service shali be parked on-site and that the public streets shall not be utilized for any parking related to this business. 16. That the existing wall sign on the north elevation ("Anaheim Service Station - Smog Check") is permitted; and that any new signs, including any freestanding sign, shall comply with the standards of the RM-2400 Zone unless a separate variance application is submitted and approved by the Planning Commission and/or the City Council. Any new permitted signs shall be subject to the review and approval of the Planning Commission as a "Reports and Recommendations" item. 17. That a maximum of six (6), maximum fifty-five (55) gallons each, drums may be stored immediately adjacent to the rear of the service station building in leak-proof enclosures. Such drums shall not to be located within the view of the public rights-of-way. 18. That the approved plan sheet for solid waste storage and coflection and a plan for recycling shall be adhered to as approved by the Streets and • Sanitation Division, Department of Public Works. 01-12-04 Page 14 JANUARY 12, 2004 PLANNING COMMISSION MINUTES ~ 19. That any tree, shrub, or flower planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased, and/or dead; and that any trees or other landscape material shall not be unreasonably trimmed. 20. That this approval is granted subject to the business operating as a gasofine service station, properly maintained in conformance with all conditions of approval and Code requirements. 21. That, as stipulated to by the property owner, the hours of operation shall be limited to: 7 a.m. to 10 p.m. daily for the gasoline sales portion of this use permit; and, 7 a.m. to 7 p.m. daily for the automotive repair portion of this use permit. 22. That this property shall be devefoped and maintained substantially in accordance with plans and specifications submitted to the City of Anaheim by the property owner and which plans are on file with the Planning Department marked Exhibit No. 1, and as conditioned herein; provided, however, that the proposed snack shop is not longer part of this approval, as stipulated by the petitioner at the March 16, 1998 public hearing. 23. That the property owner shall maintain, an unsubordinated recorded agreement with the Office of the Orange County Recorder agreeing to ~ remove the service station structures, including underground tanks, in the event that the service station is closed for a period of one (1) year. A service station shall be considered closed during any month in which it is open for less than fifteen (15} days. 24. That the property shall be maintained in accordance with the approved plans showing compliance with the latest revisions of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway locations. 25. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Gode 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: 7-0 Selma Mann, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, February 3, 2004. DISCUSSION TIME: 8 minutes (2:03-2:11) ~ 01-12-04 Page 15 JANUARY 12, 2004 PLANNING COMMISSION MINUTES ~ 6a. CEQA CATEGORICAL EXEMPTION - CLASS 3 6b. CONDITIONAL USE PERMIT NO. 2003-04813 OWNER: Konstantin M. Daskalakis, 611 South Brookhurst Street, Anaheim, CA 92804 AGENT: Enrique Alvarez, Alvarez Design Studio, 10927 Downey Avenue, Suite D, Downey, CA 90241 LOCATION: 2792 West Ball Road. Property is approximately 0.5-acre, located on the southeast corner of Ball Road and Dale Avenue. Request to construct a four (4)-unit commercial retail center. CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-5 Chairperson Vanderbilt-Linares opened the public hearing. Concurred with staff Granted sr3057ey.doc Greg McCafferty, Principal Planner, introduced Item No. 6, Conditional Use Permit No. 2003-04813. ApplicanYs Statement: Donna Chessen, Chessen and Associates, 3420-3A Calle Azul, Laguna Woods, CA, stated she is ~ representing her ciient and asking for approval of the subject request. They are not requesting any waivers and accept all the conditions imposed as stated in the staff report. They have reduced their plans from six (6) stores to four (4) stores and have added a loading zone and pfenty of landscaping. She feels they have a well-designed building. She explained reasons why the subject property shou{d be approved for a commercial retail center and not for residential: • At a major corner, not mid-block as most new housing. • Lot is only %2 acre, only about 4 homes could be developed. • Would take years to assemble enough property to make a decent project with a community feel. • If developed the homes would stand alone, or left as a vacant lot. • A similar center was approved on Brookhurst, setting a precedent. • Applicant could by right build a center with only two (2) stores. Mr. McCafferty stated a condition of approval would need to be added regarding sewer mitigation fees; and read the added condition into the record. THE PUBLIC HEARING WAS CLOSED. Commissioner O'Connell referred to the parking and asked what type of business is going to be marketed for the center. Mrs. Chessen responded it would be marketed for retail service, such as an accounting office, laundry mat, and wig/beauty store. • Chairperson Vanderbilt-Linares referred to the final landscape plans and asked if they comply with Code. 01-12-04 Page 16 JANUARY 12, 2004 PLANNING COMMISSION MINUTES Mr. McCafferty stated they might be short on the frontages. He referred to Condition No. 15 stating staff ~ would ensure the applicant has the required number of trees when they submit their building plans. Commissioner Flores referred to the loading area off of Dale Avenue and suggested the loading area be relocated to the trash area in order to not block the access. Enrique Alvarez, Alvarez Design Studio, 10927 Downey Avenue, Suite D, Downey, CA, stated they have updated their plans moving the loading area as suggested by City staff. Mr. McCafferty stated as long as the relocation of the loading area does not conflict with the trash enclosure. If the Planning Commission approves the subject request, staff recommends a stipulation, "that the final location of the loading area shown on Exhibit No. 1 shall be reviewed and approved by the Traffic and Transportation Manager and any decision by the Traffic and Transportation Manager may be appealed to the Planning Commission as a Reports and Recommendations item". Further comments took place by Commissioners and staff pertaining to the reiocation of the loading area. Commissioners expressed reasons why they were in favor of the subject request although staff's recommendation is for denial. OPPOSITION: None ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner O'Conneil 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 3(New Construction or Conversion of Small Structures), as defined in the California Environmentai Quality Act (CEQA) Guidelines and is, therefore, categorically exempt from the requirement to prepare additional environmental documentation. Granted Conditional Use Permit No. 2003-04813 (to construct a four (4)-unit commercial retail center) subject to the conditions of approval as stated in the staff report dated January 12, 2004, with the following modifications: Modified Condition No. 36 to read as follows: 36. That the 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 Exhibit Nos. 1 through 5, and as conditioned herein; except that the loading area will be placed in a location satisfactory to the Traffic and Transportation Manager and the Zoning Division, with that decision appealable to the Planning Commission. Added the following condition of approval to read as follows: That an amount to mitigate sewer impacts in the combined West Anaheim Zone A Area shall be paid prior to issuance of the Building Permit. The estimated cost to mitigate the impact is $41 per thousand square feet of development. VOTE: 7-0 Selma Mann, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on ~ Tuesday, February 3, 2004. DISCUSSION TIME; 28 minutes (2:12-2:40) 01-12-04 Page 17 JANUARY 12, 2004 PLANNING COMMISSION MINUTES ~ ~ 7a. CEQA NEGATIVE DECLARATION Continued to 7b. WAIVER OF CODE REQUIREMENT March 8, 2004 7c. CONDITIONAL USE PERMIT NO. 2003-04811 OWNER: Larry Bedrosian, 710 East Ball Road, Anaheim, CA 92802 AGEN7: B.J. Mueller, P.O. Box 18085, Anaheim, CA 92817 LOCATION: 2920 East Whitestar Avenue. Property is approximately 1-acre, having a frontage of 233 feet on the southwesterly side of White Star Avenue, located 725 feet southeast of the centerline of La Palma Avenue. Request to permit and retain a church within an existing industrial building with waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. sr5074jr.doc Chairperson Vanderbilt-Linares opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 7, Conditional Use Permit No. 2003-04811. He read into the record a clarification to Condition No. 12. Applicant's Statement: Bill Farris, 2920 E. Whitestar Avenue, Anaheim, stated he is Chairman of the Business Council for the Way of Life Church, the church has been in Anaheim for eleven (11 } years, and at the subject location for three (3) years. The City staff requested a parking study, which has been prepared by RK Engineering Group, and he relayed information to Commission and staff regarding the parking study. To their knowledge there have not been any complaints by their neighbors, and he feels many of their neighbors appreciate that they are there on Sunday mornings and Wednesday nights. He informed they have complied with most of staff's conditions of approval listed in the staff report and explained they have sufficient parking spaces as they only use about 75 of the total 225 spaces. He gave reasons why he does not feel they are causing any additional traffic conditions, and reasons why granting the cor-ditional use permit would not be detrimental to the peace, health, safety and general welfare of the citizens of Anaheim. He explained that the church has made a difference in many people's lives and is a positive influence for the City of Anaheim. Chairperson Vanderbilt-Linares stated he has two-speaker cards in favor of the subject request and asked if they or anyone else wished to speak; there was no response. THE PUBLIC HEARING WAS CLOSED. Commissioner Bostwick stated the applicant had a conditional use permit (CUP 3595) at another location in Anaheim and asked why they didn't obtain a conditional use permit when they moved to the subject location. • Mr. Farris explained it is his understanding that at the previous location (5109 E. La Palma Avenue) the realtor instructed the church to take occupancy and then to apply for the conditional use permit. B.J. Mueller was involved with that process and went to the Planning Department, it was stated they needed to potentialy provide a parking study, but then during the conversation it was indicated the parking study 01-12-04 Page 18 JANUARY 12, 2004 PLANNING COMMISSION MINUTES ~ would be waived because it was not needed and was signed off by the Transportation Department and were then approved for the conditional use permit. Therefore, when they moved to the subject location they tovk the same avenue, to get into the building and then over time apply for the conditional use permit. Commissioner Bostwick asked if they still rent the ~ocation at 5109 E. La Palma Avenue. Mr. Farris responded no. Chairperson Vanderbilt-Linares referred to the parking issue/reciprocal agreements and asked if it would be possible for the adjacent property owners to agree in having the agreements recorded. Mr. Farris responded they would do everything in their power to try to achieve that and would need to address the issue to them. They have reciprocal agreements from three (3) existing property owners and are currently seeking additional spaces from their neighbors. Commissioner Flores asked for clarification to the hours of operation; Mr. Farris verified they do have a 5:30 p.m. service on Sunday, and would also prefer to extend their office hours to Monday-Friday, 9:30 a.m. to 4 p.m. Commissioner O'Connefl referred to the applicant's current lease, approximately two years remaining, and asked if they are looking for a bigger site in the future. Mr. Farris responded that is one of the reasons why the Business Council has been formed in order to look into options and alternatives, and he expressed interest with remaining in the area. Selma Mann, Assistant City Attorney, stated with regard to an agreement that is satisfactory to the City ~ Attorney's Office, it needs to be an agreement with the owner of the property that has been agreed to by the tenant. Unsubordinated means that the lenders need to consent to the agreement because if there is a foreclosure on any of the properties the agreement would still remain. It could be an agreement for as long as the church's conditional use permit is there. If the church's conditional use permit terminates and/or the use is abandoned then the agreements would terminate, but they would need to be unsurbordinated covenants for the parking. Further discussion took place by the Commission, applicant and staff regarding the parking issue; Mr. McCafferty referred to Condition Nos. 9 and 15 pertaining to parking. Commissioner Buffa asked for clarification regarding Condition No. 15. Mr. McCafferty stated what may be of benefit to the applicant is that the properties across Whitestar Avenue are older industrial buildings that probably were under the greater parking requirements of some time ago, and may have a little bit of excess. Commissioner Bostwick referred to Condition No. 19, which states the applicant would have sixty (60) days to comply from the date of the resolution, and he feels that woufd be hard to accomplish. Commissioner O'Connell suggested a continuance of the item in order for the applicant to have additional time to obtain necessary agreements to satisfy the parking issue. Further comments took place by the Commission, applicant and staff regarding the parking issue. Chairperson Vanderbilt-Linares concurred with Commissioner O'Connell regarding a continuance of the item. ~ Commissioner Bostwick suggested having a workshop in order to address churches in industrial areas. Mr. Farris was in agreement to continue the item. 01-12-04 Page 19 JANUARY 12, 2004 PLANNING COMMISSION MINUTES ~ • • ~ ~- • ~ • ~ ~ • OPPOSITION: None AGTION: Commissioner Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED, to continue the subject request to the March 8, 2004, Planning Commission meeting in order to allow the petitioner time to seek offsite parking space agreements between the church and adjacent property owners. VOTE: 7-0 DISCUSSION TIME: 52 minutes (2:41-3:33) ~ • 01-12-04 Page 20 JANUARY 12, 2004 PLANNING COMMISSION MINUTES , 8a. CEQA NEGATIVE DECLARATION Continued to 8b. WAIVER OF CODE REQUIREMENT February 9, 2004 8c. CONDITIONAL USE PERMIT NO. 2003-04793 OWNER: Catellus Finance 1, LLC., 201 Mission Street, San Francisco, CA 94105 AGENT: Phil Schwartze, PRS Group, 31682 EI Camino Real, San Juan Capistrano, CA 92675 LOCATION: 4905 East La Palma Avenue. Property is approximately 6.37 acres, located at the northeast corner of Manassero Street and La Palma Avenue. Request to establish a church within an existing office building with waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. sr5076jr.doc FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ~ ~ ACTION: Commissioner Eastman offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED to continue the subject request to the February 9, 2004, Planning Commission meeting as requested by the petitioner, in order to resolve contractual issues with the Anaheim Redevelopment Agency. VOTE: 7-0 DISCUSSION TIME: This item was not discussed. 01-12-04 Page 21 JANUARY 12, 2004 PLANNING COMMISSION MINUTES • 9a. CEQA CATEGORICAL EXEMPTION - CLASS 1 (READVERTISED) Continued to 9b. WAIVER OF CODE REQUIREMENT January 26, 2004 9c. CONDITIONAL USE PERM{T NO. 2003-04814 OWNER: Church of God Emanuei Pentecost, 2222 East Nura Avenue, Anaheim, CA 92806 AGENT: Law Office of Steve Sheldon, Attn: Karen Sully, 660 Newport Center Drive, Suite 950, Newport Beach, CA 92660 LOCATION: 631 South Brookhurst Street. Property is approximately 1.6 acres, having a frontage of 118 feet on the west side of Brookhurst Street, located 534 feet south of the centerline of Orange Avenue (Orange Central Korean Church). Request to permit a church within an existing office building with waivers of: (a) minimum setback for institutional uses adjacent to residential zones and (b) minimum parking lot landscaping. CONDITIONAL USE PERMIT RESOLUTION NO. sr1136cw.doc Diana Swintzen, spoke with concerns (microphone was not working properly). ~ Greg McCafferty, Principal Planner, introduced Item No. 9, Conditional Use Permit No. 2003-04814. He stated they would be able to install a landscape buffer at the west property line, and code does require for commercial uses adjacent to residential uses at the boundary, a wall being 8 feet in height. Therefore, if not currently 8 feet in height, they would then need to comply. Chairperson Vanderbilt-Linares suggested the applicant contact City staff in order to obtain clarification, and if they wished they could submit correspondence in opposition or favor to the Planning Commission, prior to the next meeting. Mr. McCafferty stated that Charity Wagner, Planner, could be contacted for detailed information pertaining to the plans. ~OLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None IN GENERAL: 1 person spoke with concerns. ACTION: Commissioner Eastman offered a motion, seconded by Commissioner Flores and MOTION CARRIED, to continue the subject request to the January 26, 2004, Planning Commission meeting in order to allow advertisement of a parking waiver as part of this request. VOTE: 7-0 ~ DISCUSSION 71ME: 2 minutes (1:45-1:47) 01-12-04 Page 22 JANUARY 12, 2004 PLANNING COMMISSION MINUTES ~ 10a. CEQA NEGATIVE DECLARATION Continued to 10b. WAIVER OF CODE REQUIREMENT January 26, 2004 10b. CONDITIONAL USE PERMIT NO. 2003-04816 OWNER: Southern California Edison, 14799 Chestnut Street, Westminster, CA 92683 AGENT: Guthrie Ishii Engineers, Inc., 5300 East Orange Avenue, Suite 221, Cypress, CA 90630 LOCATION: 2721 West Lincoln Avenue & 2720 West Lincoln Avenue. Parcef 1: Property is approximately 4 acres, having a frontage of 265 feet on the north side of Lincoln Avenue, located 210 feet west of the centerline of La Reina Circle: Parcel 2: Property is approximately 1.8 acres, having a frontage of 132 feet on the south side of Lincoln Avenue, located 587 feet west of the centerline of Stinson Street. Request to permit recreational vehicle storage and accessory offices with waivers of: (a) maximum wall height, and (b) minimum front yard setback. CONDITIONAL USE PERMIT RESOLUTION NO. sr1139cw.doc ~ • • • •- • ~ • • ~ ~ OPPOSITION: None ACTION: Commissioner Eastman offered a motion, seconded by Commissioner Flores and MOTION CARRIED, to continue the subject request to the January 26, 2004, Planning Commission meeting as requested by the petitioner in order to submit revised landscape plans. VOTE: 7-0 DISCUSSION TIME: This item was not discussed. r ~ ~ 01-12-04 Page 23 JANUARY 12, 2004 PLANNING COMMISSION MINUTES ~ 11a. CEQA NEGATIVE DECLARATION 11b. CONDITIONAL USE PERMIT NO. 2003-04817 OWNER: Metropolitan Life Insurance, C/O SSR Rea{ty Advisors, 28202 Cabot Road, Suite 445, Laguna Hills, CA 92677 AGENT: Brad Kelly, Makena Properties, 26522 La Alameda, Suite 285, Mission Viejo, CA 92691 LOCATION: 1500 South Anaheim Boulevard. Property is approximately 18.6 acres, located at the southeast corner of Cerritos Avenue and Anaheim Boulevard. Request to permit an indoor sports complex within an existing industriai building. CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-6 Chairperson Vanderbilt-Linares opened the public hearing. Approved Granted, sr1138cw.doc Greg McCafferty, Principal Planner, introduced Item No. 11, Conditional Use Permit No. 2003-04817. Staff is recommending approval of the item with modifications that Condition No. 6 be deleted, and Condition Nos. 4 and 13 be modified, changes were read into the record. ~ He informed the conditional use permit application has not been signed by the property owner, and in lieu of continuing the item staff is recommending that a condition of approval be added with regard to the applicant obtaining a notarized signature from the property owner, he read the condition of approval into the record. ApplicanYs Statement: Norm Nowell, 26522 La Alameda, Mission Viejo, CA, stated he is President of Makena Properties and one of the partners for the American Sports Center. He stated he owns property throughout Orange County and does understand the process. He explained the unusual circumstances regarding the lease and the procedures that have taken place in trying to obtain the necessary signature. They accept the added condition by staff, as they don't anticipate any further problems. He stated there is a tremendous need for gym facilities, and the primary sports for the proposed operation is basketball, volleyball and futsal (indoor soccer). They would be turning the warehouse into 22 volleyball courts, which converts to 16 full-sized basketball courts (basketball and futsal courts are the same dimension). He gave a summary of the facility pertaining to the type of uses and the hours of operation, and asked for modification of Condition No. 1 pertaining to the hours of operation. THE PUBLIC HEARING WAS CLOSED. Chairperson Vanderbilt-Linares asked for clarification on the applicanYs request for modification of the hours of operation. Mr. Nowell stated the main intensity level is on the weekends, when tournaments would be held, from 8 • a.m. to 8 p.m. 01-12-04 Page 24 JANUARY 12, 2004 PLANNING COMMISSION MINUTES ~ Commissioner Bostwick asked if the hours of operation were set from 6 a.m. to 10 p.m., daily; with special events and tournaments from 8 a.m. to 8 p.m. on Friday, Saturday and Sunday, would it be acceptable. Mr. Nowell responded what if a special tournament came up, coufd they obtain a special permit from the City. Commissioner Bostwick asked staff if they could obtain a special events permit. Mr. McCafferty stated staff is supportive of the use, but they need to ensure factually they are following the municipal code. He stated the traffic and parking analysis was based on certain assumptions. The Traffic Department may be fine with modifying the a.m. peak hour for the office use, but beyond that, such as having a tournament at 6 a.m., it may interfere with other businesses, therefore, Traffic Engineering Division would like to ensure that it would work. Further discussion took place by Commission and the applicant regarding the hours of operation. Mr. McCafferty stated the weekend tournaments don't seem to be a problem, since it is not during peak hours. If tournaments are planned during the a.m. peak hour the municipal code requires that it be anafyzed, therefore, he suggested modifying Condition No. 1, and he read the modification into the record. Alfred Yalda, Traffic and 7ransportation Manager, stated there might be some impact and staff may need to analyze it. Selma Mann, Assistant City Attorney, stated her understanding of the modification to Condition No. 1 and asked for clarification. ~ Mr. Nowell responded they should know approximately 60 days in advance of scheduled tournaments, which would allow them time to obtain an amendment to the traffic study in order to cover the event. Mr. McCafferty asked would you have tournaments from 4 p.m. to 10 p.m., Monday through Friday. Mr. Nowell responded no, they don't anticipate that. Mr. Alfred stated they are satisfied with Condition No. 1, as Selma Mann stated. He asked the applicant if they would have a special event at 6 a.m., during the week. Mr. Nowell responded no. Mr. McCafferty read into the record a condition of approval pertaining to the timeframe for the applicant to obtain authorization for the conditional use permit. ~ • ~ •- ~ ~ • ~ ~ s OPPOSITION: None ACTION: Approved CEQA Negative Declaration Granted Conditional Use Permit No. 2003-04817 (to permit an indoor sports complex within an existing industrial building) based on the testimony presented at today's public hearing, and subject to the conditions of approval as stated in the staff report dated January 12, 2004, with the following modifications: ~ Modified Condition Nos. 1, 4 and 13 to read as follows: 01-12-04 Page 25 JANUARY 12, 2004 PLANNING COMMISSION MINUTES ~ 1. That the hours of operation for activities other than tournaments and special events shall be limited from 6 a.m. to 10 p.m., Monday through Friday. Tournaments and special events shall be limited from 8 a.m. to 8 p.m., Saturday and Sunday. Any subsequent request to allow tournaments and special events on days other than Saturday and Sunday, shall be accompanied by an updated parking and traffic study submitted to the Traffic and Transportation Manager for review. The recommendation of the Traffic and Transportation Manager shall be considered by the Planning Commission as a"Reports and Recommendations" item. 4. That the proposal shall comply with all signing requirements of the ML (SABC) Zone unless a variance allowing sign waivers is approved by the Planning Commission. Any new signage shall be submitted to the Zoning Division for review and approval. The decision of the Zoning Division relating to new signage may be appealed to the Planning Commission as a"Reports and Recommendations" item. 13. That a"Traffic and Parking Management Plan" for tournaments and other special events shall be submitted to the City Traffic and Transportation Manager for review and approval. Said plans shall indicate the number of parking attendants needed to direct traffic during tournaments and other events, including the number of parking attendants needed to direct overflow traffic to the roof top parking lot located atop 500 East Cerritos Avenue, accessed via Claudina Avenue. Deleted Condition No. 6. Added the following condition of approval to read as follows: ~ That authorization for the Conditional Use Permit satisfactory to the City Attorney's Office shali be submitted within a period of sixty (60) days from the date of this resolution. VOTE: 7-0 Selma Mann, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p,m. on Tuesday, February 3, 2004. DISCUSSION TIME: 42 minutes (3:34-4:16) ~ 01-12-04 Page 26 JANUARY 12, 2004 PLANNING COMMISSION MINUTES ~ • ~ ~ J 12a. CEQA CATEGORICAL EXEMPTION - CLASS 1 Concurred with staff 12b. CONDITIONAL USE PERMIT NO. 2003-04815 Granted OWNER: Pick Your Part, 1301 East Orangewood Avenue, Anaheim, CA 92805 AGENT: Cindi Galfin, Pick Your Part, 1301 East Orangewood Avenue, Anaheim CA 92805 LOCATION: 1235 South Beach Boulevard. Property is approximately 4.5 acres, having a frontage of 325 feet on the west side of Beach Boulevard, located 330 feet south of the centerline of Ball Raad (Pick Your Part). Request to permit and construct a new automobile glass, stereo and alarm sales installation building in conjunction with an existing automotive recycling business. CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-7 sr8681 av.doc Chairperson Vanderbilt-Linares opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 12, Conditional Use Permit No. 2003-04815. He read into the record modifications to the conditions of approval and stated they received a letter in support from the City of Stanton. ApplicanYs Statement: Dennis Desnoo, 400 N. Tustin, Santa Ana, CA, stated he is representing Pick Your Part, and agrees with the conditions listed in the staff report. THE PUBLIC HEARING WAS CLOSED. • • ~ ~- • ~ • • ~ • OPPOSITION: None IN SUPPORT: A letter from the City of Stanton was presented to the Commissioners. ACTfON: Commissioner Bostwick offered a motion, seconded by Commissioner Eastman 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. 2003-04815 (to permit and construct a new automobile glass, stereo and alarm sales installation building in conjunction with an existing automotive recycling business) with the following modifications: Modified Condition Nos. 15 and 28 to read as follows: 01-12-04 Page 27 JANUARY 12, 2004 PLANNING COMMISSION MINUTES ~ 15. That the property owner shall implement appropriate non-structurai and structural Best Management Practices (BMPs) in order to minimize the introduction of pollutants to the storm water drainage system. g~~7~~ M~11 he c~~hmiFfc+rl +~ +he D~~hlin IA/~r4c Ilnr~~+~4m r~4 1'1e~rrl~.~r~n 4 a .c7r~uirwcSius7rTSrccr.a cv-crraT-~Zfvnv-~TVrlcTVCiraYfi-crrlcA.r~Z~ v.n~TVPnTCnZ 28. That the property owner shall submit a letter requesting termination of Conditional Use Permit No. 36A~ 3978 (to construct a 2-story, 3, 460 square foot building for automobile giass stereo/alarm sales and installation and a walk-up restaurant with 200 square feet of outdoor dining). Deleted Condition No. 21. Added the following condition of approval to read as follows: That prior to issuance of a building permit a plan shall be submitted to the Zoning Division for review and approval to refurbish the landscaping in the parking lot and landscaping shall be planted within thirty (30) days of plan approval. • VOTE: 7-0 Selma Mann, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, February 3, 2004. DISCUSSION TIME: 3 minutes (4:17-4:20) MEETING ADJOURNED AT 4:25 P.M. TO MONDAY, JANUARY 26, 2004 AT 2:00 P.M. FOR PRELIMINARY PLAN REVIEW. THE PUBLIC HEARING W1LL BEGIN AT 3:00 P.M. ~ Respectfully submitted: ~~ ~~~/f/f r X~ Elly Morris Senior Secretary Received and approved by the Planning Commission on Gt, ~~_, 2004. 01-12-04 Page 28