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Minutes-PC 2004/05/17 (2)~ • ~ CITY OF ANAHEIM PLANNING COMMISSI(~N MIRIUTES MONDAY, MAY 17, 2004 Council Chambers, City Hall 200 South Anaheim Boulevard, Anaheim, California CHAIRPERSON: JAMES VANDERBILT-LINARES COMMISSIONERS PRESENT: KELLY BUFFA, GAIL EASTMAN, CECILIA FLORES, JERRY„Q'CONNE m~L4;~D V D ROMERO x;~ _~~, COMMISSIONERS ABSENT~. ~~~ PAIJL E~Q~T~UICI~ ~.,~~~ ~ ~ ~'~~~ ~ ~~ k ~ ~ ~ ~y- ~~~ STAFF PRESENT: ~~ ~~~ ~~ 4 ~ ~ ~ ~ ~ ~ - ~- '~ ~°~' ~~ ~ ~~° ~~ . ;y ~~ ~ ~ ~,p~ ~ ~ ~-~ ~~ ° h ~ Selma Mann, Assista~~'~~ty ~#~`or~n~y ~~~'~ ~~ ~'f~aher~a a~ P~ncip~al~~raffic~i~~ineer Greg McCafferty, P,r~nci~al Pl~nne~~"~ %~ ~"James L n~;~ssoc~at~~C~vi~ Er~gineer Don Yourstone, S~nror C~~de En~~ircement Officer Elly Morns; ~enior ~~.C~et~t~y~"~ ~~ Judy Dadant, Se~~i~or.~F~lanr~er ~ ~ ~" ~ ~`~ ~~ ~ ; Pat Chandler,~`~n~f ecretary Defla Herrick, A~sso~~ate PfannP~r, Danielle Masciel Word Processmg ~O~erator ~ ~~; # - ~ ~°~ .~~ _, ~,,.~~~ ~tg ~ ~ ~ "~'~ r`` _ '~ ~ ~ ~ ~ ~+. S ~ A' i ~ ~ ,' ~~~~ ~~ ~~.~~ a . p~ ~~ t~".",WY' ~ €+~~~T~ i]r~~ a. ~~~ $g''Ak ° ~ $ ~ t t ~ ~~ '° . 3 ~ ~,'"~ 7~ ~G!. ~~ ~~m'--~ ~ AGENDA P~OST~~G ~A corr~~(~ete~copy.o~.t~e~Planning Commission Agenda~was po~ t~d~~ 9:~ aa m. on Frida Ma '~°4, 2004~ ~s'~e #he ~~splay case-lo~ated,in th~foyer ~~tk1e Cou~ci~Char~bers an~~lso in the ~ ~~ ~~ ~ ~ ~ ~~ ~: ~ ~ ~~ :~ ~ ~ ~ ~ ~r 1 ~ ~ outside displ~y~~~"sk~. ~ " -~ " ~~ ~~ 4 a~ ~ ~ ~ ~ ~ . ~ ~~ ~ ~ ~ 3 ~' ~ ~ ' ~ ~ ~~~ ~~~ ~ ~ ` ~~ PUBLISH~D; ~~A~naheim ulle,tir~~I~e~ws~per ai1 Thurs~,w~p~il 22~2p~4~ ~` ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~~ ~ ~ ~ ~{ ~ ~ .~~~, 3.a ~ fi~ ~~ ~~ ~ "~~~~ ; ~ CALL TO",QRDER ~q~~{~~~ _~ ~[ ~~~ ~ ~ $~~ ~~ ~~ ;' ~#a3x ~~. ~ 4 '4} ~,-f "L ^ ~''£ ~. t" ~ tii S k { ';~~ S~+ R ~ t~ 4 .~S L.. ~ ~ ,- A a ~ ~ .~ ~ ~ r ~' 1 ~ ~` : r ~ "~ a ~ s a ~ ~ ~ i ~ ~ "°P ~ r,r,r`` ~, s ~E u k a ? ~ ~a~ 5 a ~'~~ w ~ ~ ._ ~ ''~PLANNI~G C`OMMI~S ON I~:GIRNINGsS~~~ I`QN ~'1~~~ QO A~M. ,~ ~ ~~ ~ ~ ~ s*~ ~ ~` ~ } •~ ~~ S~/~FF,U;~'DATE~T~COIV~MISSIp~1 ON ~4t~`IOU~CIT~Y ~~~ ~ : ~~ ~ ~~EVELO.~MENT'S~~Np I~S~U~'S"(ASµ~FtEQUEST~,~ BY ~ .~ Y,a~' ~~PI ANNING COI~11Vt(SSIf~N~ ~' ~~~ ~ ~ ~°~,'~~ ~~~ • ~~?~~ELIMINARY~PLAN REVIEVI/ ~C~R'~~~MS C~N TH~ fxVl~~-'1~, 2004~/A~ENDA '"~~ ~ y.,n'~ '~ ~`~ ~.. Gr`~ ~ ~ ~ ~ ,~ ~~ ~~~ ~ ~ .:; RECESS TO AFTER~IQON P~7B1.IC F~E~ARING SESSIQN ~ „~ ~r ~'~~~~ ~~~~ 'fi„~,V :~ ^;~, ~ :»..., =~°~s i 1 i 4.~'-; y ~ ',,,,~~, ~ 9 # ~;w. RECONVENE TO PUBLIC~HE/~RING~~1:~~p~F~.IVVE ~ ~ a~~ ~~ ~`~ ~~~y~ For record keeping purposes;~if.~ou wish to rr~iak~ a~statem~nt regard~~,g~ ~ny item on the agenda, please complete a speaker card and submit~i~~~o-the_~ecretary. __- ~~p~a`~`~~ ~ ~. `' ~~'~ ~~~,~~;~ - ~~ ~t,,:~~. PLEDGE OF ALLEGIANCE: Commissioner Vanderbilt-Linares PUBLIC COMMENTS CONSENT CALENDAR PUBLIC HEARING ITEMS ADJOURNMENT ------------------------------------------------------------------------------------------------------------------------------------ H:\DOCS~CLERICAL\MINUTES~,4C051704.DOC lannin commission anaheim.net 05-17-04 Page 1 MAY 17, 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 public hearing items. CONSENT CALENDAR: Items 1-A through 1-E 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 O'Connell offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioner Bostwick absent), for approval of Consent Calendar Items (1-A through 1-E) as recommended by staff. UNANIMOUSLY APPROVED 1. REPORTS AND RECOMMENDATIONS A. (a) CEQA EXEMPTION-SECTION 15061(b)(3) GENERAL RULE (b) SPECIFIC PLAN ADJUSTMENT NO. 2 TO THE FESTIVAL SPECIFIC PLAN NO. 90-1 (TRACKING NO. SPN2004-00026) Donahue Schriber, Attn: Karen Finke, 8020 East Santa Ana Canyon Road, Anaheim, CA 92808, requests a specific plan adjustment to amend the sign criteria contained in the Festival Specific Plan (SP90- 1) to allow additional wall signage for food court tenants on the entrance tower elements. Property is located at 8182 East Santa Ana Canyon Road (Anaheim Hills Festival Shopping Center). ACTION: Commissioner O'Connell offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioner Bostwick absent), that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falls within the definition of CEQA Exemption Section 15061(b)(3), as defined in the California Environmental Quality Act (CEQA) Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. Commissioner O'Connell offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioner Bostwick absent), that the Anaheim City Planning Commission does hereby recommend to the City Council approval of Specific Plan Adjustment No. 2(SPN2004-00026) as outlined in the draft ordinance attached to the staff report dated May 17, 2004, containing modifications to the Anaheim Hills Festival Specific Plan to allow additional wall signage for food court tenants on the entrance tower elements. Concurred with staff Recommended to the City Council approval of Specific Plan Adjustment, as outlined in the draft ordinance (Vote: 6-0, Commissioner Bostwick absent) sr8724av.doc 05-17-04 Page 2 MAY 17, 2004 PLANNING COMMISSION MINUTES r • • B. (a) ENVIRONMENTAL IMPACT REPORT NO. 330 City Of Anaheim, Planning Department, 200 S. Anaheim Boulevard, Anaheim, CA 92805, request to receive and file Response to Comments document related to Environmental Impact Report No. 330, prepared in conjunction with the on-going General Plan/Zoning Code Update Program. Location: Citywide. ACTION: Commissioner O'Connell offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioner Bostwick absent), to file and receive the Response to Comments document associated with EIR No. 330, prepared in conjunction with the on-going General Plan and Zoning Code Update Program, and, if desired, offer comments that the Commission wishes to forward to the City Council for their consideration. Approved (Vote: 6-0, Commissioner Bostwick absent) sr1151jb.doc 05-17-04 Page 3 MAY 17, 2004 PLANNING COMMISSION MINUTES • C. Receiving and approving supplemental detailed Minutes for Approved Item iVo. 6 from the Planning Commission Meeting of April 19, 2004, scheduled to be heard as a public hearing item before City Council on Tuesday, May 25, 2004. (Motion) (Vote: 6-0, Commissioner Bostwick absent) ITEM NO. 6 • General Plan Amendment No. 2004-00419 • Zoning Code Amendment No. 2004-00029 • Reclassification No. 2004-00117 • Specific Plan Amendment No. 5 to the Anaheim Resort Specific Plan No. 92-2 (Tracking No. SPN2004-00023) • Specific Plan Amendment No. 2 to the Northeast Area Specific Plan No. 94-1 (Tracking No. SPN2004-00024) • Termination of Development Agreement No. 91-01 (Tracking No. DAG2004-00001) ACTION: Commissioner O'Connell offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioner Bostwick absent), that the Anaheim City Planning Commission does hereby receive and approve the supplemental detailed Minutes for Item No. 6, General Plan Amendment No. 2004-00419, Zoning Code Amendment No. 2004-00029, Reclassification No. 2004-00117, Specific Plan Amendment No. 5 to the Anaheim Resort Specific Plan No. 92-2 (Tracking No. SPN2004-00023), Specific Plan Amendment No. 2 to the Northeast Area Specific Plan No. 94- • 1(Tracking No. SPN2004-00024) and, Termination of Development Agreement No. 91-01 (Tracking No. DAG2004-00001) from the Planning Commission Meeting of April 99, 2004. D. Receiving and approving supplemental detailed Minutes for Item No. 2 Approved from the Planning Commission Meeting of April 5, 2004, scheduled to be heard as a public hearing item before City Council on Tuesday, May 25, 2004. (Motion) (Vote: 6-0, Commissioner Bostwick absent) ITEM NO. 2 • General Plan Amendment No. 2004-00417 • Conditionai Use Permit No. 2004-04831 • Reclassification No. 2004-00115 • Tentative Tract Map No. 16650 ACTION: Commissioner O'Connell offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioner Bostwick absent), that the Anaheim City Planning Commission does hereby receive and approve the supplemental detailed Minutes for Item No. 2, General Plan Amendment No. 2004-00417, Conditional Use Permit No. 2004-04831, Reclassification No. 2004-00115 and, Tentative Tract Map No. 16650 from the Planning Commission Meeting of April 5, 2004. ~ 05-17-04 Page 4 MAY 17, 2004 PLANNING COMMISSION MINUTES • ~ ~ E. Receiving and approving the Minutes from the Planning Commission Meeting of April 19, 2004. (Motion) ACTION: Commissioner O'Connell offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioner Eastman abstained and Commissioner Bostwick absent), that the Anaheim City Planning Commission does hereby receive and approve the Minutes for the Planning Commission Meeting of April 19, 2004. Approved (Vote: 5-0, Commissioner Eastman abstained and Commissioner Bostwick absent) 05-17-04 Page 5 MAY 17, 2004 PLANNING COMMISSION MINUTES • PUBLIC HEARING ITEMS: 2a. CEQA CATEGORICAL EXEMPTION - CLASS 1 2b. CONDITIONAL USE PERMIT NO. 2004-04837 OWNER: Paul Chiavatti, 1340 West Pearl Street, Suite A, Anaheim, CA 92801 LOCATION: 1310 West Pearl Street. Property is approximately 0.21-acre, having a frontage of 65 feet on the south side of Pearl Street, located 565 feet west of the centerline of Carleton Avenue. Request to permit a residential group care facility for up to twenty-four (24) residents recovering from chemical dependency. Continued from the April 5, 2004, Planning Commission Meeting. CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-51 Chairperson Vanderbilt-Linares opened the public hearing. Concurred with staff Granted sr3065(a)ey.doc Greg McCafferty, Principal Planner, introduced item No. 2 and stated this item was continued from April 5, 2004, in order to address issues brought up at the public hearing regarding crime and safety concerns • expressed by neighbors in the area. Following the printing of the staff report, staff received additionai correspondence (four letters, two with attached petitions) and he stated staff continues to recommend approval of the item. ApplicanYs Statement: Paul Chiavatti, 1340 West Pearl Street, Suite A, Anaheim, referred to the conditions in the draft resolution and stated they agree with all the conditions. He stated Expedition House is proud to have been in business in the City of Anaheim for over 7 years. The attendees present today are in support of their efforts to assist people who are trying to take control of their lives. He introduced members present today from the neighborhood and the business community and gave a brief orientation of the subject business. They have met with representatives of the Anaheim Police Department and Michele Irwin had informed them that regarding calls for service that there were no "drug" related calls for service. Following the last meeting, they conducted a meeting on May 4, 2004 and concerned citizens and representatives of the Planning Department were present. It was determined that the drug problems mentioned were all related to the buifding at 278 N. Wilshire Avenue/Wilshire Westmont condominium complex and not the subject location. They agreed to set up a Community Advisory Board which would meet every 3 months in order to address any concerns of the neighbors. He asked for people in the Council Chambers who are in support of the request to raise their hands (approximately 30 people were present in support). Public Testimony: Doyle Harris, 1320 Pearl Street, Anaheim, stated his family has owned the property at 1320 Pearl Street for approximately 8-9 years. When they learned about the facility, one of their initial concerns was the investment into their property, drugs, trash, and crime, but throughout the years they have found that none of those concerns were a problem. He expressed his support of the request and stated the facility ~ has been an asset to the community. 05-17-04 Page 6 MAY 17, 2004 PLANNING COMMISSION MINUTES ~ Dr. Honey Thames, 305 Columbia, Newport Beach, stated she is the Director of Yellowstone Women's Recovery of California and a member of the Board for the National Drug and Alcohol Council. She is present to support the applicant of the subject request because they are colleagues in the sense that they are in the process of recovery, which improves everybody's lives. She feels the problem today is not the addition of a recovery facility, but the absence of recovery facilities. Dr. Thom Montgomery, 35167 EI Diamanc Drive, Wildomar, stated he is an employee of the Expedition House and on the Board of Directors for the Mid-Valley Community Police Council and member of the Employee Assistance Professional's Association and has been in personnel recovery for many years. I has been his experience for the last 28 years that people in recovery do improve the neighborhood in situations where they are and based on a personal and professional standpoint he is in favor of rehabilitation facilities. The Expedition House is well known for its charitable work and for its paid for profit work. Kathleen Burnham, (address written on speaker card was incomplete), stated she is the Director of the Drug Court Foundation which has been formed to provide support for the Drug Court Program and she works throughout the entire county. She expressed support of the subject request. Jim Brierly, 24312 Bank Street, Lake Forest, stated he represents the Orange County Sober Living Coalition and he provides technical assistance to their members who are attempting to gain state licenses in the area of chemical dependency. He has assisted in certifying over 17 residential facilities in Orange County since 1998 and also has provided consulting and technical assistance for the subject facility. He stated he has inspected the facility four times in the last 3%2 years and at each one of the inspections he has noticed improvements from the time before and the facility is immaculately maintained. There is a rampant problem with drug addiction and alcoholism that has overburden the criminal justice • system. Seventy-five (75%) of the inmates of state prisons are there for drug and alcohol related problems, they could be better served in recovery facilities where the residents have an opportunity to become productive citizens. Grant McNiff, 22471 Aspan #103, Lake Forest, stated he is with The National Council on Alcoholism and Drug Dependence of Orange County. He gave some history on their organization and stated their primary purpose is to ensure that people get into treatment and receive the necessary care. They cannot continue to in prison people because they need education and training. It is very important that each community participates or there is going to be a real problem. He feels the work the Expedition House is doing is a great service to the City of Anaheim and to the County of Orange. Saralyn Cohen, 31882 Camino Capistrano, Suite 220, San Juan Capistrano, stated she is the owner of Able to Change Recovery, a licensed residential treatment program and they are possibly the closest image to the Expedition House in south Orange County. She also serves as the Vice President of the Board of Directors on The National Council on Alcoholism and Drug Dependence and serves as the Chairperson for the Sober Living Coalition. She has known of the Expedition House for four years and works with them on a weekly basis and would endorse the Expedition House to provide professional and ethical services for those who suffer from the disease. Judith Serafini, 278 N. Wilshire Avenue, Anaheim, stated she supports the licensed home because she is not against rehabilitation, but her point is that the subject request is not the only recovery home in the area. If the request is approved, she feels there should be some compromise because there should be some limitations on the impact for every neighborhood. They shouldn't have four to five recovery homes in one neighborhood and they don't want other neighborhoods to go through what they have been through. ApplicanYs rebuttal: ~ Mr. Chiavatti referred to Ms. Serafini's comments and stated the property is currently run as a sober home with 32 beds and people could come and go on their own, and they could have their own vehicle. If the 05-17-04 Page 7 MAY 17, 2004 PLANNING COMMISSION MINUTES • CUP is approved, it would be a 24-bed facility that would have no cars and no one could leave the property without supervision. THE PUBLIC HEARING WAS CLOSED. Commissioners Buffa and Eastman informed they were not present at the April 5th hearing on the subject item but received an audiotape and have listened to the tape. Commissioner Flores suggested some type of seating in the back yard where the residents could sit in order to alleviate lingering in the front. Mr. Chiavatti suggested adding a fence across the front between the two buildings; therefore the residents could use the whole driveway area. Mr. McCafferty agreed with Commissioner Flores pertaining to using the open space in the rear and he would suggest enhancing it by adding some amenities in the back yard where the residents could sit and relax. The facility should look as any other apartment complex on the block and staff wouldn't recommend fencing in the front as it may create zoning code issues and police/fire access issues. Mr. Chiavatti responded he would work with Planning, Building and the Fire Department to see what would be acceptable. Commissioner Romero stated he visited the facility this morning and was very impress by the cieanliness of the interior as well as the exterior of the building and the organization and structure of the program. He stated he is in support of the request. • Commissioner O'Connell stated he visited the facility this morning and found it to be a nice setting and feels the applicant has done a tremendous job with the cleanliness and keeping it weil maintained. Chairperson Vanderbilt-Linares explained the Planning Commission is guided by findings that each staff report contains that talk about the appropriateness of issuing a conditional use permit and before a permit is issued that the Commission make certain findings (adverse affects to adjoining properties, traffic generation, peace, health, safety and general welfare of the citizens of the City of Anaheim, etc.). He expressed his concerns to the subject request pertaining to the intensity of the use and location of the facility. Commissioner Buffa referred to the proposed program and stated that the residents would not be allowed to have cars and feels the traffic and parking in the neighborhood would be reduced. Commissioner Romero pointed out that by right they could operate at a much higher intensity. Mr. McCafferty stated if the facility was operated as a normal apartment complex it could have a much higher occupancy than what is currently being proposed. Further discussion took place amongst Commission, staff and the applicant clarifying the recommendation of staff regarding enhancements to the open space in the backyard and clarifying the allowance of the number of recovery facilities in one area. Commissioner Eastman expressed her support and stated she feels it would be a good use and there are reasonable findings that it may benefit the neighborhood. ~ 05-17-04 Page 8 MAY 17, 2004 PLANNING COMMISSION MINUTES r ~ ~J OPPOSITION: 1 person spoke and two letters were submitted in opposition to the subject request. A petition in opposition to the subject request (containing 100 signatures) was received prior to the meeting. IN SUPPORT: 7 people spoke in favor of the subject request. ACTION: Commissioner Flores offered a motion, seconded by Commissioner Romero and MOTION CARRIED (Commissioner Bostwick absent), 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 reguirement to prepare additionai environmental documentation. Granted Conditional Use Permit No. 2004-04837 (to permit a residential group care facility for up to 24 residents recovering from chemical dependency) subject to the conditions of approval as stated in the draft resolution attached to the staff report dated May 17, 2004, with the following modifications: Added the following condition of approval: • That plans shall be submitted to the Zoning Division for review and approval showing enhancements to the rear (south) open space area to provide amenities for residents of the facility. VOTE: 5-1 (Commissioner Vanderbilt-Linares voted no and Commissioner Bostwick absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 47 minutes (1:50-2:37) 05-17-04 Page 9 MAY 17, 2004 PLANNING COMMISSION MINUTES • 3a. CEQA NEGATIVE DECLARATION Approved 3b. WAIVER OF CODE REQUIREMENT Approved 3c. CONDITIONAL USE PERMIT NO. 2003-04811 Granted with time limitation (to expire on OWNER: Larry Bedrosian, 710 East Ball Road, Anaheim, CA 92802 October 31, 2005) AGENT: 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. Continued from the January 12, March 8 and April 19, 2004, Planning Commission meetings. CONDITIONAL USE PERM17 RESOLUTION NO. PC2004-52 sr5094jr.doc Chairperson Vanderbilt-Linares opened the public hearing. . Greg McCafferty, Principal Planner, introduced Item No. 3 and stated at today's morning session additional correspondence was given to the Planning Commission from the applicanYs agent. Also, following the morning session staff has received additional correspondence from the appiicant's agent regarding their progress of their negotiations to secure off-site parking. Staff's recommendation continues to be for denial of the subject request as they feel the parking is not adequate to accommodate the church. ApplicanYs Statement: Ed Perez, 6765 E. Leafwood Drive, Anaheim, stated they submitted a letter today to staff showing the progress that has been made pertaining to parking agreements with neighboring tenants. He referred to page 4, paragraph 21, of the staff report and clarified that communication and progress has been made and referred to Condition No. 3 of the staff report and asked for modification because he is aware that two of the buses are in the process of being sold and two others are being parked, not stored. He also referred to Condition No. 15 and stated the progress they are making seems very favorable but unfortunately they do take time to finalize. THE PUBLIC HEARING WAS CLOSED. Commissioner Romero acknowledged that the applicant has made progress but they are still far short from the goal that is needed, therefore concurs with the recommendation of the staff report to deny the request. Commissioner O'Connell asked if Sunday morning is when the bulk of their traffic and attendance occurs. Mr. Perez was in agreement and stated the activities are primarily on Sundays and the one mid-week ~ service. Commissioner O'Connell asked what is the normal attendance. 05-17-04 Page 10 MAY 17, 2004 PLANNING COMMISSION MINUTES • Mr. Perez responded he believes there are approximately 150 members. Commissioner O'Connell asked what is the normal attendance on Wednesday nights. Mr. Perez responded typically it is a lower attendance. Commissioner O'Connell expressed his support of the request and stated the church services are on Sunday, and Wednesday night and it's in an industrial area, but he feels the applicant still needs to address the parking issue. Commissioner Buffa concurs with Commissioners Romero and O'Connell, but suggested a short-term conditional use permit assuming that the applicant continues to work on obtaining the necessary parking spaces/agreements, and she suggested that Commission grant the conditional use permit to expire on October 31, 2005 concurrent to their lease expiration, based on them having lease agreements for an adequate supply of parking. Prior to the expiration date, they would need to have the subordinated agreements that guarantee the necessary parking or may need to find a new church location. Commissioner Eastman agreed but asked staff if this would be possible. Selma Mann, Assistant City Attorney, stated the code is specific with regard to what parking is required and the City Attorney's Office can be reasonable in terms of what kind of an alternative is acceptabie. She explained the type of documentation that may be necessary and noted the conditionai use permit is going to terminate on its own terms. The decision today is up to the Planning Commission and the City Attorney's Office would work with the applicant. If approved today, she suggested a condition with regard to the deadline for having the lease agreements • approved by the landlord in place, including a notice of lease for parking spaces that have been recorded so it is not an open item six months from now. It would also give a shorter period of time but would still be reasonable, possibly 60 days. Mr. McCafferty suggested a continuance in order to incorporate today's discussion and findings and structure that into a resolution, The resolution would indicate an interim approval contingent upon securing off-site agreements and that the use would terminate within a fixed period of time. He stated he wants to ensure it is understood that after the termination it is complete and if they want to come back they would have to apply for a new conditional use permit with the adequate on-site and off-site parking. Chairperson Vanderbilt-Linares stated he feels the Commission needs to address the issues and make a decision by acting on the item, and noted there is an appeal process that the applicant can utilize and he feels the City Council is better suited for these sorts of policy issues. Commissioner O'Connell concurred with Chairperson Vanderbilt-Linares. Further discussion took place amongst the Commission and staff giving their opinions and/or suggestions pertaining to the action to be taken for the request. • • ~ ~ ' • ~ • ~ ~ • OPPOSITION: None ACTION: Approved CEQA Negative Declaration Approved the Waiver of Code Requirement with the following modified findings: i That their services are Wednesday and Sunday which is limited use of the property and also at a time when the surrounding properties also have limited use; and 05-17-04 Page 11 MAY 17, 2004 PLANNING COMMISSION MlNUTES • That they have informal agreements to use off-site parking within the immediate vicinity of the property. Granted Conditional Use Permit No. 2003-04811 to establish a church within an existing indusfrial building with waiver of minimum number of parking spaces (to expire on October 31, 2005) subject to the conditions of approval as stated in the staff report dated May 17, 2004, with the following modifications: Modified Condition No. 15 to read as follows: That within sixty (60) days from the date of this resolution the legal owner of subject property shall submit an unsubordinated covenant .,r,,.,o~+,o~ ;., +ho ;,,.,.,,o,~,~+o „..~+„ or other documentation to provide 166 parking spaces from properties in the immediate vicinity as approved by the Traffic and Transportation Manager, the Zoning Division Manager and the City Attorney. . Each of these agreements shall be for the period of time of the Conditional Use Permit. Said covenant(s) or other acceptable documentation shall be in a form satisfactory to the City Attorney, then recorded in the Office of the Orange County Recorder. A copy of the recorded covenant(s) or other documentation shall be submitted to the Zoning Division. Added the following condition of approval: • That this Conditional Use Permit shall expire on October 31, 2005. VOTE: 4-2 (Commissioners Romero and Vanderbilt-Linares voted no and Commissioner Bostwick absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal period. DISCUSSION TIME: 49 minutes (2:38 to 3:27) • 05-17-04 Page 12 MAY 17, 2004 PLANNING COMMISSION MINUTES ~~ ~ J 4a. CEQA NEGATIVE DECLARATION Approved 4b. GENERAL PLAN AMENDMENT NO. 2004-00418 Withdrawn 4c. RECLASSIFICATION NO. 2004-00116 Approved 4d. VARIANCE NO. 2004-04609 Granted, in part 4e. TENTATIVE PARCEL MAP NO. 2004-127 Withdrawn OWNER: Frank T, Minissale, 111 South Mohler Drive, Anaheim, CA 92808 AGENT: Duane Stout, 1316 Candlewood Street, Anaheim, CA 92805 LOCATION: 111 Mohler Drive. Property is approximately 1.5 acres, located at the southwest corner of Santa Ana Canyon Road and Mohler Drive. General Plan Amendment No. 2004-00418 - Request to amend the Land Use Element Map of the General Plan redesignating the property from the Hillside Estate Density Residential designation to the Hillside Low Density Residential designation. Reclassification No. 2004-00116 - Request reclassification of the property from the RS-A-43,000 (SC) (Residential/Agricultural; Scenic Corridor Overlay) zone to the RS-HS-22,000 (SC) (Residential, Single- • Family- Hillside; Scenic Corridor Overlay) or a less intense zone. Variance No. 2004-04601 - Request waivers of: (a) minimum lot depth adjacent to a scenic expressway, and (b) minimum lot area to construct 3 detached single-family homes. Tentative Parcel Map No. 2004-127 - Request to establish a 3-lot, 3-unit detached single-family subdivision. Continued from the April 5 and April 19, 2004, Planning Commission Meetings. GENERAL PLAN AMENDMENT RESOLUTION NO. RECLASSIFICATION RESOLUTION NO. PC2004-53 VARIANCE RESOLUTION NO. PC2004-54 sr1150cw.doc Chairperson Vanderbilt-Linares opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 4 and stated this is a continued public hearing from April 19, 2004 meeting and since that time staff has met with the petitioner and the project has been amended such that the general plan amendment and the tentative parcel map are no longer needed. As a result of the redesign staff feels it is now a better project. Following today's morning session a letter in support of the project was received which he submitted to the Commission. Applicant's Statement: ~ Duane Stout, 1316 Candlewood Street, Anaheim, he referred to page 2 of the staff report, paragraph 6, regarding entry gates and he clarified they are not currently proposing any gates, but if they find it is necessary due to any parking problems that they would like the option to be able to install an entry gate. 05-17-04 Page 13 MAY 17, 2004 PLANNING COMMISSION MINUTES r Public Testimony: Mitzy Ozaki, 340 S. Timken Road, Anaheim, stated she is present to express her support of the outcome of the project and thanked Mr. Minissale and Mr. Stout for their willingness to amend the project. She also thanked Charity Wagner, Planner, for all her assistance and the Planning Commission for their guidance and facilitation that has concluded in the new plan. THE PUBLIC HEARING WAS CLOSED. Chairperson Vanderbilt-Linares asked the applicant for clarification regarding the proposed combination wrought iron fence/block wall. Mr. Stout responded since the property is elevated above Santa Ana Canyon Road they have no problem with people looking onto the property. He feels the wrought iron fence is attractive and they could have plants to grow along the wall. His only concern is along Mohler Drive at the driveway (south end on the south property line) because there is a considerable grade differential and they would like to protect the children walking in the area and make it safe so they don't fall. Commissioner Eastman asked if it is next to the school property. Mr. Stout responded yes. Chairperson Vanderbilt-Linares indicated to staff that it would be helpful to have some renderings. Mr. McCafferty stated they share the concern of the applicant and referred to the draft resolution, • Condition No. 5, as it pertains to the plans which are to be reviewed and approved by the Planning Commission as a Reports and Recommendations item, and also staff would recommend that Condition No. 24 be deleted. Regarding the installation of any gates staff is not opposed but it has to be subject to review and approval by the Traffic and Transportation Manager in accordance with the standard engineering plans for the installation of private gates. Mr. Stout responded they have plenty of room to install a gate if necessary. Chairperson Vanderbilt-Linares referred to the proposed wall along Santa Ana Canyon Road; and to the project on the corner of Anaheim Hills Road and Santa Ana Canyon Road and he expressed how they wouldn't want to repeat that and asked for some sort of assurance that would take place. Mr. McCafferty responded the fencing plan would be back before the Commission for review and approval. Chairperson Vanderbilt-Linares stated he received a phone call this morning from Sonja Grewal of the Anaheim Hills Citizens' Coalition and she expressed her support of the project after the modifications were made. • •~ - e ii~ie: • . ~-~ - •iiii •- e •- OPPOSITION: None ACTION: Approved CEQA Negative Declaration Commissioner Eastman offered a motion, seconded by Commissioner Buffa and ~ MOTION CARRIED (Commissioner Bostwick absent), that the Anaheim City Planning Commission does hereby accept the petitioner's request for withdrawal of General Plan Amendment No. 2004-00418. 05-17-04 Page 14 MAY 17, 2004 PLANNING COMMISSION MINUTES • Approved Reclassification No. 2004-00116 (to reclassify this property from the RS-A- 43,000 (SC) (Residential/Agricultural - Scenic Corridor Overlay) zone to the RS-HS- 22,000 (SC) (Residential, Single-Family - Hillside; Scenic Corridor Overlay) zone subject to the conditions or approval as stated in the resolution attached to the staff report dated May 17, 2004. Granted, in part, Variance No. 2004-04605, denying Waiver (b) pertaining to the minimum lot area subject to the conditions of approval stated in the resolution attached to the staff report dated May 17, 2004, with the following modifications: Deleted Condition No. 24 Added the following condition of approval to read as follows: That gates shall not be installed across the private drive unless plans are submitted to the Traffic and Transportation Manager for review and approval in conformance with the Standard Engineering Plan No. 609-A. Commissioner Eastman offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioner Bostwick absent), that the Anaheim City Planning Commission does hereby accept the petitioner's request for withdrawal of Tentative Parcel Map No. 2004-127. VOTE: 6-0 (Commissioner Bostwick absent) • Selma Mann, Assistant City Attorney, presented the 22-day appeal period. DISCUSSION TIME: 12 minutes (3:28-3:40) A 10-minute break was taken (3:40-3:50) ~ 05-17-04 Page 15 MAY 17, 2004 PLANNING COMMISSION MINUTES • • ~ 5a. CEQA NEGATIVE DECLARATION 5b. CONDITIONAL USE PERMIT NO. 2004-04844 5c. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. Approved Granted Approved 2004-00015 OWNERS: Spyridon Rados, 2401 Nicolas Drive, Fullerton, CA 92833 Essam Seif, 15 Tierra Vista, Laguna Hills, CA 92653 AGENT: Eric Hull, 701 North Parkcenter Drive, Santa Ana, CA 92705 LOCATION: 611 South Brookhurst Street. Property is approximately 2.3 acres, located at the southwest corner of Brookhurst Street and Orange Avenue Conditionai Use Permit No. 2004-04844 - Request to permit retail sales of alcoholic beverages for off-premises consumption in conjunction with a proposed pharmacy. Determination Of Public Convenience Or Necessity No. 2004-00015 - Request to determine public convenience or necessity for retail sales of alcoholic beverages for off-premises consumption in conjunction with a proposed pharmacy. CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-55 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY RESOLUTION NO. PC2004-56 sr5093jr.doc Chairperson Vanderbilt-Linares opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 5 and referred to the conditional use permit draft resolution and read into the record a modification to Condition No. 6 and stated there was also discussion at today's morning session regarding enhancements to the rear elevation of the building along the west property line, therefore, suggests modification to Condition No. 21. With regard to the public convenience or necessity resolution he read into the record a modification to Condition No. 6. ApplicanYs Statement: Eric Hull, 701 N. Parkcenter Drive, Santa Ana, stated they are in agreement to the conditions of approval and would continue to work with staff on Condition No. 21 in order to address the west facing building elevation. He addressed the issue pertaining to the ingress and egress for delivery trucks and he explained that they have a few alternative plans for delivery truck access. Public Testimony: John Abboud, 1217 S. Nutwood Street, Anaheim, stated he owns the 7-11 store across the street from the subject location and has operated in the area for 18 years. He spoke on the issue of the number of alcohol licenses in the vicinity and feels there is already too many. He expressed his support of the Sav- On store but does not support another beer license. 05-17-04 Page 16 MAY 17, 2004 PLANNING COMMISSION MINUTES • Esther Wallace, 604 Scott Lane, Anaheim, stated she feels the project would enhance the corner but relayed concerns that she would like addressed: • The alcohol license being in close proximity to a church and a school. • Expressed her support for the permit to expire in one year. • Addressed the traffic, ingress and egress issue (supports entrance off of Brookhurst Avenue, but does not support an exit onto Orange Avenue). • Addressed the above average crime rate in the area and pointed out there are county areas in close proximity to the subject tract and it does not reflect with the city's crime rate, therefore the crime rate may actually be higher. • Expressed concern with the hours of delivery because of the adjacent apartments. • Pointed out there are currently three drug stores in the area. Leonard Lahtinen, 2731 W. Savoy Place, Anaheim, stated he is a member of the Faith Lutheran Church and they also have a daycare center which is adjacent to the church and across the street from the proposed facility. He has talked to the church council president and they fee! the development would be an improvement to the property but are concerned with the traffic issue and he suggested a continuance on the item to allow additional time to learn more about the final details pertaining to the traffic. They are also concerned of the number of alcoholic beverage licenses in the area. ApplicanYs Rebuttal: Mr. Hull spoke on the issue of the alcoholic beverage licenses and stated the staff report indicates there are currently four valid on-sale alcohol entitlements on the site, but the proposed project would remove all • four of those licenses and replacing it with one off-sale license. He informed they didn't meet the threshold for a traffic study and concurs with staff's findings that the traffic generated by the project would not be significant. Regarding the truck loading, he explained they have assessed that and do have multiple delivery paths available to them. He ensured the neighbors that Sav-On Store has the intent of being a strong, positive contribution to the community and they look forward to the substantial upgrade of the property. THE PUBLIC HEARING WAS CLOSED. Commissioner Buffa referred to the site plan and asked if Orange Avenue has a 40-foot wide paved section and if so, can a 58-foot truck turnout of the driveway onto Orange Avenue without having to cross into the on-coming traffic lane. Taher Jalai, Principal Traffic Engineer, responded if they enter the site from the Brookhurst Street driveway, the trucks could actually turn on site from the curb lane and could exit the site on Orange Avenue without crossing the double yellow because the driveway is wide. Mr. Hull pointed out there are two Sav-On stores in close proximity to the subject site, one has been operating for 25 years and the other has operated for 30 years and neither have had a single Alcoholic Beverage Control violation. Chairperson Vanderbilt-Linares asked where the deliveries are going to occur. Mr. Hull stated deliveries are proposed to occur on the southwest corner of the building and referred to the western property line and stated they are proposing landscape for the setback area, which wouid almost be completely screened with trees. ~ Further discussion took place amongst the Commission and applicant regarding traffic and truck deliveries. 05-17-04 Page 17 MAY 17, 2004 PLANNING COMMISSION MINUTES • ~ Commissioner Eastman referred to the landscaping issue and asked if there has been any consideration in using the trellis type of material with a small planter where vines would grow up. Mr. Hull responded they are willing to continue to work with staff to come up with a suitable treatment for the west elevation. Commissioner Eastman referred to the elevations and stated the type of treatment being used does not seem to be very attractive and suggested a more decorative element used for the lower area. Mr. Hull stated they would be happy to address that issue. Chairperson Vanderbilt-Linares asked if they have worked with the West Anaheim community. Martin Saalberg, 28131 Chapulin, Mission Viejo, stated he is with Albertson's, Inc., and they have had a few meetings with the community. The majority of the discussion with the West Anaheim Neighborhood Development Council (WAND) was the concern of the number of liquor licenses in the area. He informed the two existing Sav-On drug stores on Lincoln Avenue and Gilbert Street, and Broadway and Euclid Avenue would be closed due to the proposed construction. Chairperson Vanderbilt-Linares asked Esther Wallace to come forward to speak. Esther Wallace stated they had meetings regarding a different site, but only had one meeting pertaining to the subject site. They never did see the plans for the architecture for the subject site but received some information from the Planning Department. She asks what happens to the liquor license for the location at Gilbert Street and Lincoln Avenue. Mr. Hull stated licenses could not be transferred and they would have to apply for a new license and he gave further information regarding the policies of liquor licenses. Pauta Dwyer stated she is with Sav-On/Albertson's and she is their compliance coordinator for alcoholic beverages. She expiained the policies on selling, surrendering and transferring a license. Further discussion took place amongst the Commission and the applicant regarding liquor licenses. Commissioner O'Connell expressed his support of the request and stated he feels Sav-On is a good and reputable company which makes it easier for him to make a decision. • • ~ ~- • ~ • • ~ • OPPOSITION: 1 person spoke in opposition to the subject request. IN CONCERN: 2 people spoke with concerns of the subject request. ACTION: Approved CEQA Negative Declaration Granted Conditional Use Permit No. 2004-04844 (to permit retail sales of alcoholic beverages for off-premises consumption in conjunction with a proposed pharmacy), subject to the conditions of approval as stated in the resolution attached to the staff report dated May 17, 2004, with the following modifications: • Modified Condition No. 6 of the resolution to read as follows: 6. That no person under eighteen (18) years of age shall sell or be permitted to sell any bee~-sr-w~ipe alcoholic beverages without approval of a store supervisor twenty-one (21) years of age or older. 05-17-04 Page 18 MAY 17, 2004 PLANNING COMMISSION MINUTES ~ Modified Condition No. 21 of the resolution to read as follows: 21. 7hat final elevation plans shall be submitted to the Zoning Division and Community Development Department for review and approval. Said plans shali incorporate a ledge stone or similar enhanced treatment along each building elevation, and additional architectural enhancements to the rear elevation along the west property line. Any decision by City staff may be appealed to the Planning Commission as a Reports and Recommendation item. Approved the request for Determination of Public Convenience or Necessity No. 2004-00015 (to determine public convenience or necessity for retail sales of alcoholic beverages for off-premises consumption in conjunction with a proposed pharmacy), subject to the conditions of approval as stated in the resolution attached to the staff report dated May 17, 2004, with the following modifications: Modified Condition No. 6 of the resolution to read as follows: 6. That no person under ~~-o^~~; eighteen (18) years of age shall sell or be permitted to sell any bee~er-~ir~e alcoholic beverages without approval of a store supervisor twenty-one (21) years of age or older. • VOTE: Conditional Use Permit No. 2004-04844 6-0 (Commissioner Bostwick absent) Determination of Public Convenience or Necessity No. 2004-00015 • 5-1 (Commissioner Vanderbilt-Linares voted no and Commissioner Bostwick absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal period. DISCUSSION TIME: 50 minutes (3:51-4:41) 05-17-04 Page 19 MAY 17, 2004 PLANNING COMMISSION MINUTES • 6a. CEQA CATEGORICAL EXEMPTION - CLASS 32 6b. TENTATIVE TRACT MAP NO. 16679 OWNER: Elisa Stipkovich, Anaheim Redevelopment Agency, 201 South Anaheim Boulevard, Anaheim, CA 92805 AGENT: James Gillen, Huitt Zollars, 430 Exchange, Suite 200, Irvine, CA 92805 LOCATION: 201 West Broadwav. Property is approximately 0.93-acre, located at the northwest corner of Lemon Street and Broadway. Request to establish a 5-lot planned mixed-use residential/commercial development subdivision. Chairperson Vanderbilt-Linares opened the public hearing. Concurred with staff Approved sr2154ds.doc Greg McCafferty, Principal Planner, introduced Item No. 6 and stated the applicant for the request is the Anaheim Redevelopment Agency. THE PUBLIC HEARING WAS CLOSED. • OPPOSITION: None ACTION: Commissioner Romero offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioner Bostwick absent), that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falls within the definition of Categorical Exemptions, Section 15332, Class 32 (In-Fill Development Projects) , as defined in the California Environmentaf Quality Act (CEQA) Guidelines and is, therefore, categorically exempt from the requirement to prepare additional environmental documentation. Approved Tentative Tract Map No. 16679 (to establish a 5-lot planned mixed-use residential/commercial subdivision) subject to the conditions of approval as stated in the staff report dated May 17, 2004. VOTE: 6:0 (Commissioner Bostwick absent) Selma Mann, Assistant City Attorney, presented the 10-day appeal rights. DISCUSSION TIME: 2 minutes (4:42-4:44) ~ 05-17-04 Page 20 MAY 17, 2004 PLANNING COMMISSION MINUTES • 7a. CEQA NEGATIVE DECLARATION 7b. VARIANCE NO. 2004-04607 7c. TENTATIVE TRACT MAP NO. 16683 OWNER: Elisa Stipkovich, Anaheim Redevelopment Agency, 201 South Anaheim Boulevard, Anaheim, CA 92805 AGENT: Cheryl Stump, Brookfield Homes, 3090 Bristol Street, Suite 200, Costa Mesa, CA 92626 LOCATION: 3119 - 3165 West Lincoln Avenue. Property is approximately 2.5 acres, having a frontage of 753 feet on the north side of Lincoln Avenue, located 285 feet east of the centerline of Western Avenue. VARIANCE NO. 2004-04607 - Request to construct an "affordable", 1-lot, 28-unit, attached condominium complex with a density bonus with waivers of: (a) minimum front yard setback adjacent to an arterial highway, (b) minimum number, type, and design of off-street parking spaces, (c) maximum structural height within 150 feet of a single-family residential zone, and (d) minimum distance between buildings. TENTATIVE TRACT MAP NO. 16683 - Request to establish an "affordable" 1-lot, 28-unit, airspace attached residential condominium subdivision with a density bonus. • ~ VARIANCE RESOLUTION NO. Continued to June 2, 2004 sr2155ds.doc FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Commissioner Eastman offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioner Bostwick absent), to continue the subject request to the June 2, 2004, Planning Commission meeting as requested by petitioner in order to advertise an additional waiver pertaining to improvement of the public right- of-way. VOTE: 6-0 (Commissioner Bostwick absent) DISCUSSION TIME: This item was not discussed. 05-17-04 Page 21 MAY 17, 2004 PLANNING COMMISSION MINUTES u 8a. ENVIRONMENTAL IMPACT REPORT NO. 313 (PREV.-CERTIFIED) 8b. WAIVER OF CODE REQUIREMENT 8c. CONDITIONAL USE PERMIT NO. 2004-04843 OWNERS: Force: 888 Disneyland Drive, LCC, Attn: Phil Grat, 1545 Wilshire Boulevard #600, Los Angeles, CA 90017 OCTA, Attn: Gina Gallagher, 550 South Main Street, P.O. Box 14184, Orange, CA 92683-1584 AGENT: Steve Morse, The Johnston Group, 26635 West Agoura Road #105, Calabasas, CA 91302 LOCATION: 888 S. Disnevland Drive. Property is approximately 3.13 acres, having a frontage of approximately 350 feet on the east side of Disneyfand Drive, located approximately 780 feet north of the centerline of Ball Road. Request to permit the modification of a legal non-conforming office building to add 4,335 square feet to the project site, expand and reconfigure the parking lot and provide for landscape improvements with waivers of: (a) layout and design of parking areas, (b) minimum interior landscaped setback, and (c) maximum number of wall signs. CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-57 • ~ Chairperson Vanderbilt-Linares opened the public hearing. Della Herrick, Associate Planner, introduced Item No. 8. ApplicanYs Statement: Approved Approved Granted sr8713dh.doc Robert Sundstrom, 430 Exchange, Suite 200, Irvine, stated he is speaking on behalf of the property owner and the agent. It is a legal non-conforming site and there are a variety of easements and restrictions based on the previous acquisitions for the rights-of-way for the Santa Ana (I-5) Freeway and southbound on-ramp to the freeway and for the improvements of Disneyland Drive. The recent acquisition of the smail strip of land on the north allows them to make some improvements to the parking lot. They have reviewed the staff report and conditions of approval in the draft resolution and stated they are in agreement. THE PUBLIC HEARING WAS CLOSED. Commissioner Fiores asked for clarification regarding the tandem parking. Mr. Sundstrom responded the reason for the tandem parking is to maximize the amount and in today's market for the larger user tenants, 10,000 square feet and up, they are asking for additional parking and tandem parking is very easy to control. The site has a limited single access and without the tandem parking they can't increase the parking due to a series of storm drain easements and water line easements and it is very restrictive on the ability to expand in certain areas and the site lost approximately 30 spaces due to the construction of the Santa Ana (I-5) Freeway. Currently, they are looking at the possibility to also construct a parking structure to the site in order to increase the parking even more. He referred to Condition No. 3 and stated they would be submitting a parking management plan. 05-17-04 Page 22 MAY 17, 2004 PLANNING COMMISSION MINUTES • Commissioner Flores asked if there would be valet parking. Mr. Sundstrom responded the operation of the facility is not a single user building and would have a property management employee in the lobby area and it would be allocated through a sticker system. It would be controlled on site with the property management group. OPPOSITION; None ACTION: Commissioner Buffa offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioner Bostwick absent), that the Anaheim City Planning Commission does hereby determine that the previously-certified EIR No. 313 (with Mitigation Monitoring Plan No. 063) is adequate to serve as the required environmental documentation for subject request. Approved Waiver of Code Requirement, as follows: Approved waiver (a) layout and design of parking areas based upon the approval of City's Traffic and Transportation Manager as discussed in paragraph (12) of this staff report; (b) minimum interior landscaped setback as discussed in paragraph (13) of this staff report; and, (c) maximum number of wall signs as discussed in paragraph (14) of this staff report. • Granted Conditional Use Permit No. 2004-04843 (to permit the modification of a legal non-conforming office building), subject to the conditions of approval as stated in the staff report dated May 17, 2004. VOTE: 6-0 (Commissioner Bostwick absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 4 minutes (4:45-4:49) ~~ ~ 05-17-04 Page 23 MAY 17, 2004 PLANNING COMMISSION MINUTES • 9a. CEQA CATEGORICAL EXEMPTION - CLASS 1 9b. CONDITIONAL USE PERMIT NO. 2004-04846 OWNER: Yu-Kuang Liang, 18275 Santa Joanna Circle, Fountain Valley, CA 92708 LOCATION: 1266 East Lincoln Avenue. Property is approximately 0.29-acre, having a frontage of 75 feet on the south side of Lincoln Avenue, located 800 feet east of the centerline of East Street (Gutierrez Tire Shop). Request to permit and retain an existing tire sales and installation business. CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-58 Chairperson Vanderbilt-Linares opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 9. ApplicanYs Statement: Approved Denied sr8731 av.doc Yu-Kuang Liang, 1266 E. Lincoln Avenue, Anaheim, stated at the beginning of the year they purchased • the subject property and were not aware that the tire shop was operating without a conditional use permit. It is a small tire shop and has been at the location for more than 10 years. They have complied with Code Enforcement and have cleaned up the facility and he asked Commission to approve the request. THE PUBLIC HEARING WAS CLOSED. Commissioner Fiores stated she visited the site this morning and noticed that the applicant hasn't really complied with any of staff's recommendations. Chairperson Vanderbilt-Linares asked if the applicant has any plans for the business. Mr. Liang responded they would try to meet the high standards of the City Code and he stated they have cleaned up. Chairperson Vanderbilt-Linares asked when he purchased the property. Mr. Liang responded in January, and stated the previous owner did not inform him of any violations. Commissioner Eastman indicated if he asked the previous owner any questions pertaining to the history of the facility. Mr. Liang responded they were in business for more than 10 years and he assumed they were in compliance. Commissioner Eastman stated the facility today appears to be in the same condition as when it was cited in 1998 and she feels it may not be an appropriate use of the land. ~ Mr. Liang reiterated he was not aware that they did not have a permit. Commissioner Eastman explained when you purchase property it is your responsibility to check. 05-17-04 Page 24 MAY 17, 2004 PLANNING COMMISSION MINUTES • Mr. Liang responded he understands and intends to comply with City standards in order to keep the business operating. Chairperson Vanderbilt-Linares stated if the applicant wants to continue the use that he would need a conditional use permit but since the conditions haven't been met, and there is a history of non-compliance then he would suggest a denial of the request. When the property is improved, the applicant could then apply for a conditional use permit. Mr. Liang stated when he purchased the property he intended to continue the tire shop operation. Don Yourstone, Senior Code Enforcement Officer, stated the tenant has been there for at least 5 years; and the problem is the property owners who continue to change. The previous property owners never came into compliance and every time staff got close to criminal action they would transfer or sell the property. Staff had met with Mr. Liang and he is aware of the current violations regarding the fence, signage, landscaping and working outside of the building. The building is old and he feels the building needs some rehabilitation or remodeling. Commissioner Eastman stated she visited the site on Sunday afternoon and she expressed concerns pertaining to the number of cars parked, trash containers, run down fence, working on tires outside of the facility and referred to the concerns described in the staff report. Commissioner Buffa stated there seems to be a consensus that it is not an appropriate use and the facility is not being maintained. Chairperson Vanderbilt-Linares asked Mr. Yourstone when he met with the applicant. • Mr. Yourstone responded staff inet with the applicant around March or April 2004, they went over numerous code violations and it was communicated that their conditional use permit request could possible be denied. Mr. McCafferty verified that prior to creation of staff reports the case planner does inform the applicant of staff's recommendation. With regard to the subject item, the applicant did not attend the IDC meeting therefore the case planner would have contacted and talked with the applicant. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Commissioner Buffa offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioners Bostwick absent), 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. Denied Conditional Use Permit No. 2004-04846 (to permit and retain an existing tire sales and installation business) based on the testimony presented at today's meeting and the findings contained in the resolution attached to the staff report dated May 17, 2004. VOTE: 6-0 (Commissioner Bostwick absent) • Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 29 minutes (4:50-5:19) 05-17-04 Page 25 MAY 17, 2004 PLANNING COMMISSION MINUTES • 10a. CEQA CATEGORICAL EXEMPTION - CLASS 11 Concurred with staff 10b. VARIANCE NO. 2004-04605 Granted, in part OWNER: William Warren Properties, 201 Wilshire Boulevard #102, Santa Monica, CA 92401 AGENT: Diana Mohler, 1540 Commerce Street, Suite G, Corona, CA 92880 LOCATION: 8180 East Old Canal Road. Property is approximately 2.1 acres, having a frontage of 376 feet on the south side of Old Canal Road, located south of the corner of Pullman Street and Old Canal Road. Request to permit two wall signs (for a total of three) on adjacent building elevations with waiver of maximum number of wall signs within the Scenic Corridor Overlay zone. VARIANCE RESOLUTION NO. PC2004-59 sr8730gk.doc Chairperson Vanderbilt-Linares opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 10. • ApplicanYs Statement: Jack Fovell, Southwest Sign Company, 1540 Commerce Street #G, Corona, stated the project was approved in 1999, and it was found that there were special circumstances applicable to the property in its topography and location. It was indicated that additional signage could be requested from the Planning Commission at a later date. Two years after the building was built, there was discussion about the performance of the property and they looked for ways to bring the performance of the property to what was expected because the property was under performing from a leasing point of view. They found there was a lack of recognition that the building was a self-storage facility and that traffic on the Old Canal Road was pretty light compared to Weir Canyon Road and the freeway where there are many visible locations to the building but it wasn't being identified as a storage facility. They initiated the application process in early 2003 and they used the same special circumstances of topography and access to the site. Following, they found that Home Depot also initiated a similar application based on identical special circumstances of topography being below grade level and also the location on Pullman Street. Subsequent to their application, Home Depot applied for additional signage and it was approved for a number of signs which are visible from the same vantage point on the freeway. He feels the resolution of Home DepoYs case should support the subject application and from a use point of view, sharing the exact same zone and vicinity they are under the same hardships as Home Depot. He feels the request would enhance the success of their business and make the community aware of a significant business that supports and serves the community. Bill Hobin, 8180 Old Canal Road, Anaheim, stated he is the President of William Warren Group and William Warren Properties. They own and operate the subject property, and operate twenty-one self- • storage facilities. He is the current President of the California Self-Storage Association which is a non- profit group working on behalf of improving self-storage operations throughout the state. 05-17-04 Page 26 MAY 17, 2004 PLANNING COMMISSION MINUTES • He stated access and exposure is a problem in the area and they have watched quite a few businesses go out of business. They are in the "hole" of Savi Ranch and people are not aware of the operation of their business. They have made a strong effort for two years and have spent considerable amount of money in advertising and marketing to try to increase exposure. Currently they have been open for three years and expressed they have been doing everything they can to be a good corporate citizen and are requesting Commission's consideration of the matter. THE PUBLIC HEARING WAS CLOSED. Mr. McCafferty stated staff does not disagree with Mr. Fovell or Mr. Hobin because it is a challenging site from a visibility and access standpoint. But they initially understood that and also understood staff's concern and support for the project as it was predicated on it continuing to look as an office building. He doesn't feel the sign facing the freeway would help the applicant because on the freeway you would be parallel to the building, but the sign facing east towards the canyon may help for visibility. Chairperson Vanderbilt-Linares asked staff to address the issue of how it became for the facility to appear as an office building. Judy Dadant, Senior Planner, stated there was extensive work with the economic development manager because the Commission and staff wanted to ensure the site was not going to be feasible for any other land use. The applicant at the time made a very good point in expressing what some of the physical constraints were of the property which lead to part of the reason why it was a good fit to put a self-storage facility but beyond a land use standpoint staff was concerned about the way the facility was going to look. They didn't want to see the standard self-storage facility where you see roll-up doors and supported a more muted color to match the elevation of the building and it would be used to tone down the visual aspects of the roll-up doors so it appears to Iook more as an office building. • She stated staff worked closely with the applicant and plans were modified over time and the applicant was very willing to work with staff in order to achieve the desired look by the City. Mr. Hobin stated the Commission and Council did not approve the project because it looked as an office building and findings were made because the site was physically challenged. It was purposely built as a 1,000 unit self-storage facility and is not an office building and economically they are trying to make it work. Commissioner Eastman spoke on the signage and asked if there was any consideration for a more subtle signage. Mr. Fovell stated the "red and blue" is a registered trademark and there is a certain amount of need to maintain the trademark as registered. He referred to the office building appearance and stated the business was always going to be a self-storage facility and he believes the intent was to use materials and an architectural design to give it the appearance of quality equivalent to an office building which would be more appropriate to the environment. Commissioner Eastman asked for clarification regarding the company logo. Mr. Hobin stated there is no true brand identity value with Storage USA because it doesn't mean anything to the consumer such as McDonalds or Kinkos as they have the true equity in their name where people know the use of the business. Therefore, the Storage USA, Self Storage sign tells the customer what they are. Further discussion amongst Commission and the applicant took place regarding the size of the signage. ~ Commissioner Romero stated the applicant makes valid points regarding the property and he feeis the special circumstances are appropriate to allow additional signage and supports the proposed sign on the east elevation only. 05-17-04 Page 27 MAY 17, 2004 PLANNING COMMISSION MINUTES ~ Commissioner Flores asked if he would be willing to relocate the existing signage. Mr. Fovell explained the problems where they have multiple points where the build'+ng needs to be visib{e and identified. Chairperson Vanderbilt-Linares referred to the trademark issue and asked the applicant how other businesses are able to alter their signage. Mr. Hobin responded they might be an independent firm. He referred to their business and stated they are a franchise operation of Storage USA out of Memphis, Tennessee who has 550 stores, a national operator. He clarified they could change the size or positioning of words, but they don't have the liberty to modify the details of the logo. Mr. McCafferty pointed out to Commission there is another self-storage facility across the freeway (Madison Square). Commissioner Eastman gave suggestions regarding the illumination hours and font size of the signage; Mr. Fovell stated he was flexible and concurs. , FOLLOWlNG IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Commissioner Vanderbilt-Linares offered a motion, seconded by Commissioner • Eastman and MOTION CARRIED (Commissioners Bostwick and Buffa absent), that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falls within the definition of Categorical Exemptions - Class 11 (construction or repiacement of minor structures accessory to existing commercial, industrial or institutional facilities, including, but not limited to, on-premise signs), as defined in the California Environmental Quality Act (CEQA) Guidelines and is, therefore, categorically exempt from the requirement to prepare additional environmental documentation. Granted, in part, Variance No. 2004-04605, waiving the permitted number of wall signs to permit two wall signs (for a total of three) on adjacent building elevations in the Scenic Corridor Overlay Zone, subject to the conditions of approval included in the staff report dated May 17, 2004, with the following modified findings and conditions of approval: Modified Condition No. 3 as follows: That, as required by Code Section 18.05.091.050, signage ~all may r~ only be lighted between the hours of ' . .. 8:00 a.m. to 8:00 p.m. Added the following condition of approval to read as follows: That the final sign plans shall be submitted to the Zoning Division for review by the Planning Commission as a Reports and Recommendations item incorporating the suggestions at the public hearing including the smaller font for the "self storage" part ~ of the walf signs. Modified the findings contained in the resolution as follows: 05-17-04 Page 28 MAY 17, 2004 PLANNING COMMISSION MINUTES • That the topography of the site creates a hardship due to its elevation below the SR- 91 (Riverside) Freeway thereby reducing the property's visibility; and that the site is constrained by its difficult access from Weir Canyon Road. VOTE: 5-0 (Commissioners Bostwick and Buffa absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 53 minutes (5:20-6:13) Commissioner Buffa left the meeting at approximately 5:25 p.m. • ~~ 05-17-04 Page 29 MAY 17, 2004 PLANNING COMMISSION MINU7ES ~ 11a. CEQA NEGATIVE DECLARATION Approved 11b. WAIVER OF CODE REQUIREMENT Approved 11c. CONDITIONAL USE PERMIT NO. 2004-04845 Granted OWNER: Dang Tri Hinh, Vietnamese Evangelical Church, 2275 West Lincoln Avenue, Anaheim, CA 92801 AGENT: Ansary Aboubakare, 2824 Surrey Way, Ontario, CA 91761 LOCATION: 220 East Palais Road. Property is approximately 1.5 acres, located at the southeast corner of Anaheim Boulevard and Palais Road. Request to establish a church within an existing industrial building with waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLU~'ION NO. PC2004-60 sr3071ey.doc Chairperson Vanderbilt-Linares opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 11 and he referred to the draft resolution and • recommended Condition No. 8 be deleted and read into the record an added condition of approval from Public Works Department. Applicant's Statement: Tri Dang, 2275 W. Lincoln Avenue, Anaheim, stated he is the pastor of the church which has been operating since 1995. They started as a Vietnamese church and over the years have grown into a multi- ethnic church. They assure the Commission they would have a positive influence to the community and will work to enhance the safety, health and welfare of the citizens. Public Testimony: Charles Hargett, 231 E. Pa{ais Road, Anaheim, stated he represents Kanstul Musicai lnstruments and stated they have been at their location for about 1%2 years and the building has been occupied for about 5 years. They do not oppose the establishment of the church but do oppose the church with proposed waiver of minimum number of parking spaces. He feels as the parish grows there would be a need for additional parking and they are not interested in a reciprocaf agreement. THE PUBLIC HEARING WAS CLOSED. Commissioner O'Connell asked Mr. Hargett what type of business he operates. Mr. Hargett responded a sales office for a company that manufactures musical instruments. Commissioner Eastman clarified that they would not be open to a reciprocaf agreement if asked at a fater date. ~ Mr. Hargett was in agreement. Mr. McCafferty stated the applicanYs findings for justification of a waiver was that they had some off-site parking opportunities but that was not the basis that the City's Traffic and Transportation Manager 05-17-04 Page 30 MAY 17, 2004 PLANNING COMMISSION MINUTES • recommended approval. It is 90% of what code would normally require and based on the operational characteristics that they have enough parking. He referred to paragraph no. 11 of the staff report and stated if Commission feels it is necessary they may choose to indicate a congregation size limit. Mr. Dang stated they wrote letters to adjacent businesses and met with them and have received favorable responses. They only meet on Friday night and Sunday, they have signed a letter of agreement to the effect that they could use the parking spaces even though it might not be necessary since they currently have sufficient parking. Chairperson Vanderbilt-Linares asked the size of the congregation. Mr. Dang responded on average the attendance is approximately 160-180 including adults, teenagers and children. Mr. McCafferty asked if that is split between both services. Mr. pang concurred the attendance stated combines the Vietnamese and English services. Chairperson Vanderbilt-Linares expressed his support of the request. Commissioner Eastman referred to the block wall along Anaheim Boulevard and stated it doesn't seem as if there is enough room to instali a monument sign on the corner without taking down some of the wall and she asked the applicant what are his plans to make it more attractive. Mr. Dang responded the wall is 160 feet long and 54 feet of that is on the other property therefore they don't have control over the whole wall. They plan to make the area more attractive and enhance the • landscaping under the recommendation from the Planning Department. They would add new trees near the sidewalk and planters in the parking lot. Mr. McCafferty asked Commissioner Eastman if it was her intent for the wall to be reduced so there is visibility into the site and aiso that the chain link fence be removed along Palais Road. Mr. Dang stated they would remove the chain link fence along Palais Road and install a wrought iron fence. Commissioner Eastman responded yes and stated some type of integration and possibly stepping down the block wall for coordination. Mr. Dang stated they would look at ways to make enhancements to the corner and would modify the site plan to accommodate that. Mr. McCafferty clarified if the block wall is not to be removed entirely but to be reduced in height so there is visibility into the site in order to take advantage of the new elevations and landscaping. Commissioner Eastman responded yes. Further discussion took place amongst the Commission and the applicant regarding the block wafl. • • ~ ~- • ~ • • ~ • OPPOSITION: None ~ IN CONCERN: 1 person spoke with concerns pertaining to the approval of the waiver of minimum number of parking spaces. 05-17-04 Page 31 MAY 17, 2004 PLANNING COMMISSION MINUTES . ACTION: Approved CEQA Negative Declaration Approved Waiver of Code Requirement Granted Conditional Use Permit No. 2004-04845 (to establish a church within an existing industrial building with waiver of minimum number of parking spaces) subject to the conditions of approval as stated in the resolution attached to the staff report dated May 17, 2004, with the following modifications: Deleted Condition No. 8 Added the following conditions of approval to read as follows: That final fencing plans shall be submitted to the Zoning Division for review and approval that show a reduction in the height of the block wall along Anaheim Boufevard to increase visibiiity into the site; and to remove the chain link fence along Palais Road to be replaced with a wrought iron fence. That the applicant shall submit street improvement plans to the Public Works Department to construct curb, gutter, parkway and sidewalk along Palais Road in conformance with Public Work's Standard Detail No. 164-A and that a bond shall be posted to the guarantee said improvements prior to the issuing of the building permit. The improvements shall be constructed prior to occupancy. ~ VOTE: 5-0 (Commissioners Bostwick and Buffa absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 17 minutes (6:15-6:32) MEETING ADJOURNED AT 6:33 P.M. TO WEDNESDAY, JUNE 2, 2004 AT 11:00 A.M. FOR PRELIMINARY PLAN REVIEW. ~ Respectfully submitted: ~•~?i~~ %~' C.O'lJZ.GO Elly Morris Senior Secretary Received and approved by the Planning Commission on ~j~~ ~ , 2004. Q5-17-04 Page 32