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Minutes-PC 1992/08/24ti ~ yke ~'~x5 , '*, ~ . ,~ ` ~ ACTION AGENDi; ~_ REGULAR MEETING OF THE ANAHEIM CITY PLANNING COMMISSION ::;;a: MONDAY, AUGUST aa, 1992, AT to:00 A.M. PRELIMINARY PLAN REVIEW PUBLIC HEARING (PUBLIC TESTIMONY) 10:00 A.M. 1:30 P.M. ~~ _ •~ n~ PROCEDURE TO EXPEDITE PLANNING COMMISSION PUBLIC HEARINGS J~ ~/~//' i ~ ~"` COMMISSIONERS PRESENT: BRISTOL, HENNINGER, MESSE, TAIT, ZEMEL J~ `b COMMISSIONERS ABSENT: PERAZA ONE VACANT POSITION STAFF PRESENT: ADAMS, FICIC, B. FREEMAN, HASTINGS, JENSEN, MANN, SOLORIO, YALDA 1. The proponents In applications which are not contested will have five minutes to presets their evidence. Additional time will be granted upon request ff, in the opinion of the Commission. such addRional time will produce evidence important to the Commission's ca~sideratkxL 2., in contested applications, the proponents and opponent will each be given ten minutes to present their case unless addfuonal time is requested and the complexity of the matter wararrts. The Commission's considerations are not ~aterrnined by the length of time a participant speaks, but rather by what is saki. 3. Staff Reports are part of the evklence deemed received by the Commission In each hearfn¢ Copies are available to the public prior to the meeting. 4. The Commission will withhold questions until the public hearing is dosed. 5. The Commission reserves the right to deviate from the foregoing ff, in its opinion, the ends of fairness to all concerned will be served. S. All documents presented to the Planning Commission for review in connection with any f>eartng, induding photographs or other acceptable visual represeniatbns ar non-documentary evidence. shall be retained by the Commission for the public record and shad be available for public inspecUans. 7. At the end of the scheduled hearings, members of the pubik: will be allowed to speak on ~sns of interact which are within the Jurisdiction of the Planning Commission, and/or agenda ite-~ns. Each speaker will be allotted a maximum of five (5) minutes to speak. Anyone wLShing to speak should till out the forms available in the rear of tho CouncU Chamber and submit them to std prior to the meeting. AC082492.VdP1 r~~~y~~~ OS/24/9~'1' !'~ (/ ~ page DI ti .h r rgV.h {~ J ~~~~ l ~ .o- f •~'r ~d, ~'1.' '~, v i30P.M. Lee Sohl, Cr.;~ gerk, swore in newly appointed Commissioner Thomas Tait rr ' a. CEflA NEGATIVE DECLARATION Approved 1 b.. WAIVER OF CODE REQUIREMENT No Action/Deleted 1a. CONDITIONAL USE PERMIT N0.3534 Granted in part OWNER: MCDONALD'S, 4370 La Jdia Village Drive, San Diego, CA 92122 LOCATION: 3210 West Lincoln Avenue (McDonaki's Restsurantl. .°roperty is approximately .39 acres located on the southwest comer of Uncdn Avenue and Western Avenue. To permit the addition of an outdoor play/dining area to an existing drive- through restaurant with waiver of required setback adjacent to Llncdn Avenue and minimum landscape requirements. CONDITIONAL USE PERMIT RESOLUTION N0. PC92-99 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITIGN: None PETITIONER'S COMMENTS: Don Dunkelman, 3210 West Uncoln Avenue. Mr. Dunkelman stated he agrees with the staff report. THE PUBLIC HEARING WAS CLOSED. Commissioner Messe referenced Condition No. 3 pertaining to the proposed planter being modified to Improve the on-site clrotdatfon and asked Traffic Engineering if there was a problern with the on-site circulation as proposed? Mr. Yalda stated they have changed the plan from the previous plan and therefore, he Ls satisfied with the new plan. Commissioner Masse stated Condtion Nc. 3 should come out Commissioner Mesee asked about the dfire through lava and Mr. Yalda Indicated that was fine also. Chairman Henninger asked about the sign. 08/24/93 Page 2 a y ~.~ ~i ~~ x k, .~ ~~a ~~Mr Hastings, Zoning Division Manager, stated the sign is currently on the porti;,t of the property that. is ~curtertly occupied by McDonalds-they are wishing to move that sign from that location to the comer on ~N '., tl. ~~~. .,.the new parcel. The sign would not exceed the height that it curtently ia, however, they have asked to ~~:<~-, be &ble to place additional signage on that sign post that would be in cortfortnance with Coda ?~~~ `~' Fi3 reminded the Commiss(cn that they have a pdicy that they have exercised over the last couple of ~' :years of allowing relocated signs and existing signs to remain as is and otherwise, asMng that arty new ~'~' signage be 8 feet high maximum. ., Commissioner Masse asked that the applicant explain what he is planning to do. He asked - Mr. Cunkelman how high the sign was presently? Mr. Dunkelman stated it stands 25-feet high. Commissioner Masse asked if he was going to leave ft that way and Mr. Dunkeirnan Irtoi~teo he was. Commissioner Masse asked how much larger the sign was going to be? Mr. Dunkeiman stated In terms of square feet he was not sure, however, h will bo a little bit larger In order to allow the westbound traffic to see it sooner so they can get iMo the left-tum pocket. The leR- tum arrow wAl give them a better shot. Discussbn took place regarding the plans. ~: CEOA Negative Declaration -Approved Waiver of Code Reaulrement -Waivers Deleted (No Action) ~•~ ~. _~~_,, c`.rJnditional Use Permit No. 3534 -Granted in Part Granted on the basis of recommendation of staff, i.e., it provides for better vehicular circulation and provides 21 more parking spaces; additional landscaping tvdi improve aesthetic environment; the outdoor play/dining area is an acceptable accessory feature to the drive-through restaurant. (Condition No. 3 deleted) 4-0 (Commissioner Tait declared a conflict of interest, Commissioner Peraza absent and one vacancy) 08/24/93 Page 3 .~. rr ~. C. N-; ~~7h b.~~' ' SA 'I~f "~'(. Y' f~2a. CEaA CATEGORICAL EXEMPTION-CLASS 11 ~:'' `'2ti. VARIANCE N0.413 OWNER: IMPERIAL PROMENADE PARTNERS, 2300 Michelson Dr., Ste. 200, Irvine, CA 92715 AGENT: ICNOWLWOOD ENTERPRISES, INC., 1717 Orangewood Ave., Ste. 1, Orange, CA 92668 LOCATION: 5685 East Ls Palma Avenuex Property is approximately 4.45 acres located north and west of the northwest comer of la Palma Avenue and Imperial Highway. Waiver of maximum number of wall signs to construct four wall signs. VARIANCE RESOLUTION NO. PCg1.100 No Action Granted FOLLOWING IS A SUMMARY OF THE PLANNING ~^AMMISSIOPJ AGTION. NOT TO BE CONSIDERED OFFlCIAL MINUTES. OPPOSITION: None PETITIONER'S COMMENTS: Mike Rhoades, (last name not spelled for the record] Preskfent of Kndlwood Enterprises, Inc., 1717 Orangewood Avenue, Su;ie I, Crity of Orange. Mr. Rhoades made his presentation to the Planning Commission. They have agreed to demdish the existing restaurant and replace it with a new structure. He stated they lost a slgn'rficant amount of signage in the prxess. They had an existing pde sign on La Palma Avenue which was about 12 feet by 10 fleet. When they had the landscaping done, they were informed that the polr~ sign was rro longer allowed. The application that they have for the four signs on each face of the building becomes more important to them so they do not lose the exposure. They agree wfth the staff report on 3 out of d sign faces on the building. He asked that they consider the addition of the other sign face on the lace of the binding that was not approved whdch faces the main bulk of the parking and shopping asea The majorih; of the parking far their customers Is in that area of the shopping center. He explained that a lot of peo~e wni be looking for the dd Kndlwood restaurant that Is no longer there. The buiding was designed with that sign in mind. An exhibit was shown. He explained that sloe of the wall is a bare, blank wail. The landlord is concerned that it is not going to be very attractive fac!ng the rest of the shopping center. The sign they would like to place on that wall adda to the aesthetk:s-they wnl add some odor and break up the big, bare wall. They discussed the graphics and explained further the type of exposure ft would give them. 08/24/93 Page 4 :. - ~ ;,: - ~ a j}. ~~S ~ E i1 t.. , ~ 7 ~ 1~~~. ~ A y .. •.f ~ - - .Y V ~ _ ~ f. a fFiE PUBLIC HEARING WAS'CLOSED. '~. ^ Commissioner Masse wanEer3 to make sure that the application for a pde sign was not part of this ;~.~~~+ , ~~ Greg Hastings, Zoning Division Manger, explained the pde sign that was there was grandfathered 1n and ~; once: K is taken down, then they would have to come in for a variance for the sign. The only request ~'~,', before the Commission today are the four wall signs. ;~,..; Commissioner Zemel asked M there were any prev(ously-approved signs and Mr. Hastings explained . there was one sign approved as there would be for any other project Commissioner Masse stated the sign Mr. Rhoades Is asking for faces the inteeior of the center-it is a smaller sign than originally depicted and he thought there was reason for h to be there so people who are parked 9nterior to the center can spot the restaurant. Commissbner Zemel indicated that k ~~vould provide for safer conditions in the parking lot. Commisskmer Bristol agreed and indicated that h wouk look better with the sign. gCTiON: CEOA Categor(cxl Exemption gees 11 (No Action) Variance No. 4192 (Granted) Granted based on fact that the restaurant is not visible from the surrounding streets. ~(Q~F: 5-0 (Commissioner Peraza absent and one vacancy) 08/24/93 Page 5 % A~4y- tiM ,.._ ~ ! t,M.~l3t'fy.n'~~ ~G'C~ u~-w i 1 L„K,~3~-~i'. r .~ "~ r `T i~ 1A~ .. ~ is ~~ ~ CEIiA NEGATNE DHCLMATION ~, Denled i ~g6. CONDI710NAL USE PERItIT NO._9533 Denled ~ F` . OWNER: SIDNEY BICKEL, 3801 Seashore, Newport Beach, CA ~4 ':' AGENT: GLENN GORMAN,1821 N. Glasaell Street, Orange, CA 92665 a~ `";~ LOCATION: 633 South East Strast. Property is approximately 1.8 Fps '..~ acres located on the west skfe of East Street and approximately 176 feet north of the centerline of South r '• Street. To pemnk an autonatNe towing and storage yard. .~ , CONDITIONAL USE PERIIAIR NO. PC92-101 r FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTI0~1. NOT TO BE CONSIDERED OFFlCIAL MINUTES. OPPOSITION: 3 people Indicated their presence in opposkion. One letter in opposkbn was tecelved and 2 petitions ware submkted vvkh 44 signatures. ® PETITIONER'S COMMENTS: Sidney Bickel, 3801 Seashore, Newport Beach, CA 92633. 11s. Bickel stated her address was listed as 3081 Seashore rather than 3801 Seashore and asked that k be correcked. She gave a brief presentatbn and turned the meeting over to her tenant, Glenn Gomran, 1821 N. Glassell Street, Orange, CA 92665. t+Ar. Gomran, President of Tri Star Towing, Inc. He has reviewed staffs recommendatbns and stated fr has no problem vvkh their recommendatkx~s. He thanked staff for their strict gukiellnes. The fdlowing individuals Irxfir~ted their presence in opposition to subject request: Ron 8arxleres (last name rat spelled for the record), 711 S. Dawn, Anaheim, CA; MarNyn Helm (last oleos not speNed for the record) 700 S. East Street, Anaheim, CA; and Dee More (last name not spelled for the reaxd), 717 S. Davin Street. ilejcx corx~ms were hours of operatbn, traffic, noise, bringing in undesirebles into the area; would be a detrknerK to the area; derelict cars would be hauled to the ske. Ir 08/24/93 Page 6 ~~. ~ r ~• r- ~t r}:: Qormen stated he has another operating tow iac8fty in the City of Anaheim at E. Commercial Avenue. ' ,~ -~,, y£ l ;r~,~~s;,~; ~ , He stated. the questions that many of the resktent's had are spelled out in the gukleiines in the staff `~a~it. He is asking strictly for a towing and storage yard. He owns a dismantling yarcl in the City h _-oF Orange; he will not be dismantling vahides. He has a repair facility in the City of Orange where he"repsare his own vahides and he has a iacOiry in the City of Orange also where he sells the -, vahides. ~~~~~r} ``} He explained that the proposed operation Is a 24 hour facility and he will have an employee on duty `, (dispatcher) inskte the, office. He stated their rate of calls after the hours of S:OOp.m. to 6:OOa.m. are ;i~.: approodmately 7 calls. He stated that half of these calls would be for his facility and the other half would be for the facility in Orange. tie;appredates all of the reskfent's concems and he is willing to meet with them to help mitigate - these concems. THE PUBLIC HEARING WAS CLOSED. Commlasloner Masse stated this project is on the border of a reskiential area and he realizes that he w~l be renting in an Industrial Area, but they are contiguous to reskfentlal. He asked how he would answer their concems regarding aesthetics? Mr. Gom~an explained that one of the recommendations was not only landscaping with the 15-foot trees in ftont, but also around the perimeter and cedar or redwood slats would have to be installed in the fence. The vehicles that are eyesoars will be strategically placed within the yard that has the least amount of eye vision, N any, to any of the surrounding neighbors. He added many cars that are towed are not considered derelicts. Commissioner Masse stated 15-gallon trees would not be hkling very much. Mr. Gorman stated he would not be parking any vahides in the ftont on East Street. No tow vahides wpi be parked in that area-that is strictly for customers and employees coming in. The majorriy of the disabled vehicles will be parked towards the rear of the property. Chairman Henninger asked about outdoor PA systems and Mr. Gorman indicated there would be no need for any PA systems at all. Chairman Henninger asked for clarification of when most of the actNity takes place for disabled cars that were left on the freeway and then ultimately brought to the towing yard, i.e., when do most people claim these cars? Mr. Gorman explained most aCNity takes place during regular business hours, i.e., Monday through Saturday and the least amount of the actNfty is on Sundays and after 7:OOp.m. He emphasized that they seldom release cars after 7:OOp.m. in the evening. ~• ~~ _. :lac. b5 ~ t ... 08/24/93 Page 7 :,x 7: t h l~ { ~ :'J ~~ i ~ed ;it: is actually cheaper for the people to wait till the fdlowing day because after hours. there ~; after hours gala fee ff vehides are picked up after 5:o0p.m. misslorser Masse asked for clarification as to what activities will be taking place inskle the Ing? ;om~an explained their dispatch center encompasses 2 employees and then he plans on having a administrable offices for some of his businesses. ,, , f '~ ~ Chairman Henninger asked about the people who insist upon coming at night and picking up their ;,~:;<;:;vetiides, Le., what sort of provision do you have for IigMing of that area? r ,~ ~'~. Mr`Gorrnan explained they are under guklelines set by the Pdice Department to have adequate lighting to completely IigM the portion of the area where the vehides are stored. Chairman Henninger asked staff about the ordinance for noise. ~ ~ `' Mr. Hastings, Zoning Division Manager, stated that is more of a Code Enforcement Issue, however, he' believed it would be based on an average rather than an incident. Chairman Henninger stated they could be within the Code on an average basis, but they could st81 `' have a couple of fairly noisy events at night. Mr. Hastings stated the only way to take care of that would be to restrict the hours of operation. Commissioner Zemei asked how It would affect their contract if they dkl not have any after hour pk~c up? Mr. Gorman explained that portion of the contract has a 24 hour release capability. Commissioner TaR asked how he came up with an average of 7 cabs per day? Mr. Gomran staled it is based on averages over the past 2 years. Commissioner Masse siateo he noticed the lot is broken up into three different areas, i.e., the front parking area for employees and for people coming to pick up cars; the second is more paved asphalt next to the building and then a third area which is also fenced and to the rear--it Is also the biggest area He asked what the reason was for the 2 rear areas? Mr. Gorman explained the furthest one back would be the actual impound area where vehides will be s9cured under lock and key. The middle section fs for additional parking. He explained sometimes the Pdice Department comes out and needs to fingerprint cars, etc. Commissioner Masse asked if he would consider further stipulations that says the only place that they will impound a car would be the rear area or the one closest to the alley? Mr. Gomtian stated that was his intentbns. Commisskx~er Zemel asked why he designed a special place for the derelict cars ff he was going to sfte screen this anyway? ': rte, 08/24/93 Page 8 „) r.. '~} .. i;E yi~'~ yy~~~h '~ 'Sr'~t~V' #{Tti .' Gomran stated he was. just trying to further reassure the resklertts of the area that he was very ~sciou's of-his operations and he trys to keep a very dean operation. rimlasloner Zemel asked nor darification ff they would not be able to see cars from either East or ~;:;:; . >~>. -f~Ac:Qomran irxltcted that was correct. ~~', ~ . ~~_ „~ ''" Commissioner Masse asked ff he would be keeping the 25-foot roiling gate dosed? He asked ff he ~! .; would stipulate that during working hours the gate wilt be dosed and slatted also because it is chain ~ Itnk? Commissioner Zemel asked staff if the landscaping is adequate? AAr Hastings stated staff would look at it as being adequate, however, h does not meet their new requirements for the new landscape ordinance, but with refurbishment, R would be acceptable to `'" staff. Nk Hastings stated the Commission may wish to restrict this so there will be no repairs, sales d3srtantiing or detailing of automobiles. Code Enforcement states that one of the typical problems they have with tow truck businesses being dose to residential, is the radios that are used in the tow trucks. He explained they operate 24 hours with the tow truck and nosie could carry several blocks. Therefore, the Commission may wish to restrict the use of radios as they enter the property. Commissioner Masse asked where the tow trucks will be parked? lutr. Gorman explained that during the evening hours, the drivers have them at home on call. At the most only one or two trucks would be stored in the yard. Most of his tow vehides are stored in the Orange facility because that is where they service them. [~ Gorman further explained that when the ignitions are off, the radios automatically shut off. Chairman Henninger stated he was concerned about the lighting and that it should be down lighted. Efe also expressed his concerns that this location was not the right place for this activity. Trucks will be coming in at night and he did not think there was any way that they could not make same noise at night. They are required to have K lit up all nigh so this use would be better off further removed tiom a residential area. - Ebe asked him to address the noise and lighting issues. UAr. Hastings explained there is an electrical permit that is required from the Building Division and they generally look to see ff the area is down lit. 4Ar. Masse stated M he gets stipulation that the only place they will ever bring a car to is that rear parking lot, then he does not really see that the resideMiai community will be Impacted. He asked ff he was stipulating that ail towing will be done through the alley and that the only 24 hour fighting w~l be in the back area in the impound area? ', • 08/24/93 Page 9 S a7~t. , 11 ~ d,i ~,.. 4 ~L i indicated that would be alright. 1 .k ~~ ~,1 t ~ .qrr t.: ~. 'tasslon took place between Commissioner Masse and Mr. Gorman about the process of Hera picking up their vehicles. Mr. Gorman explained they have a night bell and with proper Ication they will release the car. ilesloner Zemel stated there could be problems. They will have drunk driving arrests where ~nl pick up their cars after they are released and ft could be at 4:OOa.m.; there is a lot of al activity irnolved in the confiscating of the car, there is even contraband in the cars Imes. He added this fs so dramatically dose to the residential area. .~ .~ ''~ zt' He,asked staff how they stand when a site such as this is in an irxfustrial area which is permitted, '~ _`~~ but la so dose to the reskientfal that the neighborhood will be affected by the activity that is associated wfth releasing cars to the types of indivkluals they will be released to. '~ Mr.' Hastings explained that the use is a conditional use because it has been recognized In the Code ~€~ '; thatiuses such as this may cause problems In certain areas and, therefore, they are bringing this before the Commission. '~~' Chalmtsrt Henninger stated they need to ftnd that this use will not be detrimental to the peace, Health, safety or goneral welfare of the citizens of Anaheim. Commisskxter Zemel stated he could not make that ftnding. Commissbner Masse voiced his concerns a to how customers pick up a car after hours, especially cars coming around South Street and over onto East Street. He added he was not comfortable with M, . ~ that. Commissioner Zenel stated that this was a necessary business to the Cfry, but not at the expense of the reskJerrts in dose proximity. ACTION: CEQA Negative Dedaratlon -Denied Unable to make necessary ftndfngs for Negative Dec. Conditional Use Permit No. 3533 -Dented Unable to make findings in the staff repon, specifically 20b, and 20e. Y4I~: CEDA Negative Dedaratl~ ,(3-1) Commissioner Tait voting No, Commissbner ~ Peraza absent and one vacancy). CUP No. 3533 (3-0) Commissioner Tait abstaining, Commissioner Peraza absent and one vacancy) 08/2/93 - Page 70 x ~}Ctr ~~ i. d. - ', x 5t „ i. ~J,' i ~~: Cf?t]A NEGATIVE DECLARATION ~ ~ k 1 z .1. - _. "4c, ~ ~ cunu~ ~ wnra~ uaa rartmi ~ nv. saaz ~ OWNER: ENDOWMENT REALTY INVESTORS INC., C/O '~ s`' Commercial Center Management, Attn: Aimee Brazeau, ' 1740 E Garry Ave., Ste 110, Santa Ana, CA 92705 ~ ~~.: :~;n ~~" ~ ~,,,-;'„ : AGENT: RUDY LUCIDI, C/0 RUDY'S PIZZA, 5572 East Santa Ana , `~~~~` Canyon Road, Anaheim, CA 92807 LOCATION: 5572 East Santa Ana Canyon Road. Property is approximately 10.63 acres located at the southwest comer of Santa Ana Canyon Road and Imperial Highway. ~,:. To permit on-premise sale and consumption of beer and wine in conjunction asemi-enclosed restaurant with waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION N0. P 2-1 Approved Approved Grar><ed FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL Mli JUTES. ,APPOSITION: None ,~fITiONER'S COMMENTS: Rudy Wcidi, Rudy's Pica, 5572 East Santa Ana Canyon Road, Anaheim, CA y2807. He referenced item no. 17, page 6 of the staff report regarding the routing of patrons from the restaurant to the outdoor dining area. He stated he rerouted the traffic in cue door and out the other door to a completely enclosed patio. He would comply with any Taws that the CYty has-he just has to know what they are. He is trying to do everything in accordance to the existing laws. He explained Rudy's is a family restaurant, I.e., they cater to soccer teams, football teams and basketball teams. He has tried to expand the game room beaus:. -he little kids were being pushed out of the game room by of the bigger kids. He added he needs all of these things In osier to compete with his competitors. He did not know why this request would be denied. THE PUBLJC HEARING WAS CLOSED. Commissioner Masse asked ~ the new plans submitted by the petitioner have been seen by the Pdice Department and Code Enforcement? Greg Hastings, Zoning Division Manager, stated he believes those were delh~ered to the Planning Commission on Friday whk;h was the earliest staff received. He would guoss that the Pdicd i D and th m h er the address is of concern and the Pd ce rtment nt kl not see a owev epa Da e d , E~ .Cade Enforcement are aware of that. ~, ~ 08/24/93 Page 11 ~: ~~-~> 7_ ~ ~' r': ,IonerMesse asked if there were any concerns expressed from the businesses to left or ~:_; ..,...o stated the business to his immediate right is a shoe store and he did not think they would problem with iG The business to the left is another restaurant and they should not have a s, ~a;;Comtnlssioner Messe stated R would affect the people facing Rudy's to the right because his ~'I;- customers wilt bo walking onto their frontage. 1 'kT S: ~. V - ~~-~~ ~Ilr. Wckll stated that is currently a public walkway and ft should not matter anyway. .~~~ ,~:V, , . ' `Commissioner Messe stated th3y are forcing people to walk on someone ekes frontage in front of the shoe store. Mr. l.uckli Mated he would do nothing to hurt the other businesses. r~ ~ Chatmwn Henninger asked if his landlord approved this and Mr. Luckfi indicated he has. .,~, . ~-, ., , R ~ . - t?ommiasloner Brlstd stated h appears that he is adding on amusement devices and at the same tkrta he wants alcohd use in the patio. It looks like he (s pushing his uses internally out to the publk:. Mr. Luckil explained that the parents would like to get away from their children for a little bit so they put the kkfs in the game room and they gn flnd a quiet place to have dinner and a glass of wine. S Commissioner Bristd asked how he was going to contrd the patrons in the outdoor area? Mr, tuckJi explained that the planter box is cement that and then on the Inskle of that wnl be bushes. Commissioner Bristd asked for clarification ff he is talking about a wall? Mr. l.ucidi stated that is the only thing that they will allow h(m to do. He reiterated that he will do whatever they ask him to do. A discussion took place regarding the Ingress and egress referencing the plans. Mr. Hastings stated if they wish they could condition this so that the fire department review and apfxove this prior to any occupancy. Chairman Henninger stated the issue is the serving of alcohd outskie. Perhaps that might be a sdution. He stated he liked the prevbus plan.. Commissioner asked for darifiption if that outdoor arr~ would be served by wafters and waitresses and Mr. Gorman stated whatever it takes, he wfll do it. Discussion took place regarding the distance from the outer banter to the parking lot, and how much sidewalk (3 left. ;: ~ ~ ~ 08/24/93 Page 12 ~~~ :: (>~ r~~ ~ rrt` ~' s ~~.: ~.c ~ i', ~~ - .~y ~ - v .+.s '„3~x I~'~Gamian explained that while area is gdng to be redesigned for added parking because of the ~'oc~Cb~uster Video going in across the parking lot from them. ~ti ~ ~~ commissioner. Zemel expressed his concern about the west wall; rt is to the end of his storefront so fig.;, .,... . ask~ly ail of his customers wBl come and go in front of the shoe store. He was not sure ff that roi`~d be'a positive experience for that store. fir: ~Qornan explained he stated that he would move the wall over. ~ ; Commisskmer Zemel explained that would be important to move over. Then look at the Ingress and 1~ Commissioner Br(std asked staff how high the bushes could go? Mr. Hastings explained there is no Zoning Code restriction on that, h,;~rever, the intent Is so that no one could walkover that area and carry aicohdic beverages out without the management knowing "r~.~ about ~. ~'~'"a Commissioner Bristd stated then they could have a 36' planter wkh a gallon plant and ft would be dfiflcult for them to get out. g~fj; CEQA Negative Declaration -Approved Waiver of Code Requirement -Approved Approved traced on the parking lot restriping plan; and that a supplemental parkng demand study has been submitted and was found to be adequate by the City Traffic e and Transportation Manager. ~~ndrtlonal Use Permit No 3532 -Granted (Commisskxrer Bristd offered the resdution) Add condition that Flre Department review and approve this prior to any occupancy. Applicant to have employees serve alcohd on the patio area so rt can be monitored. Move west planter wail east to petitioner's own property, thereby, not infringing or encroaching on the store owner to his west. I VOTE: 4-0 (Commissioner Tart declared a conflict of interest, Commissioner Peraza absent t `- - and one vacancy) FURTHER DISCUSSION: The Petitioner asked as far as moving that wall over, could he check with - the person next door and see how far he walls rt over? Mr. Hastings stated staff could look at rt for substantial conformance. Ot3/24/93 Page 13 ~!~ -"-: ~~~ e^^~ - ti; ~ v-~ Granted in Part ~'` ' OWNER: INTERVIROS TRUST AGREEMENT, C/0 Jack and Nellie Levine, 320 Pine Avenue, Long Beach, CA 90802 ,, ~` ~i . F• AGENT: GREENBERG FARROW ARGHITECTS, 17671 Irvine Boulevard, Ste. 220, Tustin, CA 92680 and The Home Depot, Attn: Jim Lyon, Real Estate Mgr., 60t S. Placentia Ave., Fullerton, CA 92631 ~~~. ~ ~°' LOCATION: 2300 West Uncoln Avenue (The Home Depot). ,~ _,, ,. Property is approximately 9.1 acres located on the south skle of Uncdn Avenue and approximately 655 feet east of the centerline of Gilbert Street. ~.• `~ To amend or delete condition of approval pertaining to outdoor display/storage and to furdher waive minimum number of required parking spaces to expand outdoor uses. VARIANCE RESOLUTION N0. PC92-103 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE • CONSIDERED OFFlCIAL MINUTES. OPPOSITION: None ~..:y,4„ PETITIONER'S COMMENTS: Jim Lyon (last name not spelled for the record), Real Estate Manager for the Home Depot, 60i South Placentia Avenue, Fullerton, CA. He stated they sre here to request a storefront merchandising program at their Uncoln Bivd. store. This is a program that has been very successful at their other Home Depot stores. The store sits at a 90 degree angle to Uncdn Blvd.; the store buAding sfts back at least 200 feet from the main arterial. The merchandise that they intend to put on their skfevvalk In front of the store is intended to be viewed by citizens pulling Into the parking lot and walMng rota the store. He disagrees wRh all 5 statements in the staff report recommending denial of this request. He specifically mentioned a, b and d which all deal wkh the issue of setting precedence. He explained their store front faces west and the building Is setback at least 200 feet. He stated reason 'c' for denial lndudes the statement that they would place merchandise fn the customer picfc up lane, but they do not Intend to place anything for outskle display in the automer pick up lane. It would be on the sidewalk only-an approximate 15-foot skfewalk fn front of the store, therefore, they would not tako up any travel Lanes. 08/24/93 Page 14 tc .~~~. r r r ?`,~ • `~ _ ~~~ " . e stated the last reason suggests that additional noise would be created; there could be some t noinade by,forfdifts, however', a great deal of the merchandise is nursery product. It gets ughtkout by an eleotrio pallet jack. Keep in mind that the nearest homes are at least 250 to 300 ,away;from the store, so there should not be additional noise impact. `k~r `, TiiE.PUBIJC HEARING WAS CLOSED. . %-,-, ;- ,~;": , ,,; „Commissioner Bristd stated he had some concern regarding bleachers; h appears that they do not ~~- ~~~°'~ have the same space as they do in Fullerton. ~ ~ ~.~ , ; Mr: Lyon explained there is no intent to have bleachers. They wish to have merchandise such as ~~' ' harden goods and in the spring they may have barbecues and patio sets. J, `~ Discussion took place as to when the merchandise is brought back Into the store. ~,. Commissioner Masse stated he was confused by the drawings that were submitted as to what really is the reason for this outskie display area. ~Ar. Lyon dadtied the drawing. He explained this is strictly a display area and transactions are not made. Commisskxrer Zemel asked where their customers are going to walk and was concerned regarding safety Issues. Mr. Lyon stated they are r,n trying to slop out onto the parking lot and everything will be on the sidewalk. • Commissioner Zemel stated if they are taking up all of the sidewalk, then the customers will slop out . onto the parking lot. Mr. Lyon explained that the walkway to the front entrance must be maintained opened and they cannot bixk the entry way and that the exfts out of the store must also be open. Commissbner tercel said what they cannot do is walk on the sidewalk to the entrance of the store and Mr. Lyon agreed. Chairman Henninger stated it looks like they have a 12doot sklewalk so perhaps they could restrict that to 8 feet and still leave some room for a sidewalk for the pedestrians and Mr. Lyon agreed. Mr. Yalda, Traffic Engineering, stated perhaps they cook! install a double yellow line approximately 5 fey. That will guide the cars away from that area and then add some legend that says 'Pedestrians O He explained norrnatly they require 20 to 24 feet for a two way drive and they have dY approximately 33 feet of dear area, so there is plenty of room. 08/24/93 Page 15 ~_ . ~. ~; CEOA Negative' Dedaration -Approved „~;,.,. Variance No. 401 -Granted for one year with possib-ity of further e~densions. (To~e~cpire August 24, 1993) Petitioner to have at least 4 feet of sidewalk for a pedestrian walkway, ^, screen wall to 6e 6 feet; landscaping to be placed in front of wall. s `':. ` Granted based on the findings listed on page no. 5 of the staff report; the bu9ding is s~j K~ J °'"" " setback fmm Lincdn quite a distance and none of the displays will fnxrt on Uncdn. ~ G~S~ . . ~~ '"` VOTE; 4-0 (Commissioner Tait had a conflict of interest, Commissioner Peraza absent and one ~~~ ~_ ' vacancy). A~ _ _, }1;. ., 08/24/93 Paqe 16 ice' ?A. . COND111ONAL USE PERMIT N0.3045 -REQUEST FOR EXTENSION s~ ~~': OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL Jenny Yang requests aone-year eodension of time to comply with conditions of approval for Conditional Use Permit No. 3045 (to permit an addition to an existing preschod) to expire on August 15, 1993. Property is located 1597 West Katella Avenue. Continued from August 10, 1992 Planning Commission meeting. ADJOURNMENT: Meeting adjourned at 3:10p.m. Approved (To expire 8/15/93) 08/24/93 Page 17