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Minutes-PC 1995/08/21
SUMMARY/ACTION AGENDA REGULAR MEETING OF THE ANAHEIM CITY PLANNING COMMISSION AUGUST 21, 1995 9:30 AM. - PC Work Session -Related to (a) the Planning Commission's expanded duties relative to the review of alcoholic beverage control (abc) applications (continuation of work session from August 7, 1995) (b) restaurant definitions (c) provisions ftxdance/entertainment permits - PRELIMINARY PLAN REVIEW IMMEDIATELY FOLLOWING WORK SESSION 1:30 P.M. _ PUBLIC HEARINGS BEGIN (PUBLIC TESTIMONY) COMMISSIONF3iS PRESBdF gOS1WK•K BOYDSTUN, gFi1STOl, MAYER 1AE,SSE, Pt3iATA ~ ~~ NONE STAFF PRESENT: Selma Mann OaPr+hr ~ ~mey Greg Hastings Zoning Diviaton Manager Cheryl Flores Assodats planner Karen Dudley Assodats Planner Kevin 8asa Assocate Planner Melanie Adams Associate Civil Engineer Sean Gerber pssodats Planner John Pools Code EMoroemeM Manager grace Freeman Code Enforcement Supervisor Alfrod Yalda Prindpel Transportation Planner Greg Lawson Police pepeAmeM Margarita Solorio Senior Seaexry Danielle Mendel Word processing Operator PROCEDURE TO E)(PEDRE PLANNING COMMISSION PUBUG HEARINGS 1, The proponerts in applications which are not corriertsd will have five minutes to Present their evidence. AddWonsl time will be granted upon request N, in the opinion of the Commission, such additional time will produce evidenco important to the Commission's consideration. ~, In contested applications, the proponents and opponsM will each bs given ten minutes to present their case unions additional time is requested and the complexity ofd, bartttrear~ewa ~ Mb~Ths ~d mission's considerations are not determined by the length of time a parts Pan ps 3. Staff Repor-s aro part of the evidence deemed received by the Commissions in each hearing. Copioa are available to the public prior to the meeting. g, The Commission will withhold questions untll the public hearing is dosed. 5, The Commission reserves the right to deviate from the foregoing if, in its opinion, the ends of fairness to all ooncemed will be served. g, All documents presented to the a ~ nal ropresentatlona or non.documerdary evide~ncs, shall be retained by the photographs or other acceptab Commission for the public record and shall be available for public Inspections. 7, At the end of the scheduled hearings, members of the public will be allowed to speak on items of irrtereat which are within the Jurisdiction of the Planning Commission, and/or agenda items. Each speaker will be allotted a maximum of five (5) minutes to speak. ac82195.WP SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSIION August 21, 1995 ~)~ PRESENTATION OF A1riAAD TO MITCHELL CALDtiVELL Presentation of plaque to Mitchell T. Caldwell for his dedication and service to the City as a Planning Commissioner -January 1993 through July 1595. Mr. Caldwell expressed his appreciation for tha recognfdon. P,EPORTS AND RECOMMENDATIONS: o~n+ aFeuE$T TO CONSIDER Recommended A. CODE AMENDMENT NO AMENDING TITLE 18 PERTAINING TO O(~TDOOR ACCESSORY adoption to the usES IN THE CG (COMMERCIAL GENERALI ZONE. Requested by City Council w+Fi: City of Anaheim, Planning Department, 200 South Anaheim Boulevard, some changes Anaheim, CA 92; ' ,i. Continued from the June 12, June 26, and August 7, 1995 Planning Commission meetings. ACTION: Commissioner Henninger offered a motion, seconded by Commissioner Bostwick and MOTION CARRIED that the Anaheim City Planning Commission does hereby recommend adoption of the attached ordinance with the change that outdoor storage shall be a conditionally permitted use in the CG Zone. Phil Schwartze, representing Ace Fixtures and their CG zoned property on Lincoln Avenue, stated that some time ago they had submitted a request to have Commission consider amending the code in the CG zone, which is sort of a 'left over' zone that Is in the City, to Pllow a number of the existing outdoor storage situations to find some reason to better themselves by putting in some landscaping. The proposed code amendment is an opportunity pow with the landscaping improvements that are going to be changed along that particular stretch from Ace Fixtures further on to the west as a result or' the of the reasonsthautheynsuggested this amendment In add oen,ithisroCode amendmerrt will affect one dozens of other properties that are out there. He suggested it might be helpful ff Commission looked at the map which is part of the zoning packet which shows the various properties. He wanted to give Commission a brief history to show why, after all stand ng set of p oblems tha are out therm They are trying to takeuthem one at la time aind get them resolved. os/21/95 Page 2 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSIION August 21, 1995 He pointed out Ace Fbdures is shown on the map as number 35 -and it is a two-story building. The adjacent lot and the bupdirg have been used for commercial/retail uses for probably sixty (60) years. There has been outdoor storage on the lot shovm as number 14 for probably all of those sixty i6~) Yam when it was various uses before it became Ace Fixtures. Mr. Berger has owned the property before 1975 and has had outdoor storage in those areas and that is sort of the 'grandfather' one. He explained Numbers 19 and 12 are two areas that he has now in outdoor storage; and that is certainly a subject of contention that wiq be resolved outside of this room. Numbers 12 and 19 and some of 14 are going to be taken as part of.the 'right-of-way' taken along Lincoln Avenue as a result of Caftrans work. He continued that as can be seen on that drawing, there is a Ifttle triangle that is going to be taken and they thought that as part of the Code amendment and their way of making improvements out there, they would like to add a slid screen and landscaping along the front on Lincoln as a result of the activity of Caitrans. He stated they would have a much more beautfful area there to address. He stated their request is relatively simple -with this Code amendment they think they can do landscaping and Improvements along that area. Obviously, they have asked for two feet of landwithpthe and they recognize that the Code suggests fare feet. He explained they are asking for two feet, thought that they are losing space to Caltrans and other things. They think that in the landscaping in that wkith, they are intending to do something they consider vertical" and not put bushes and grass, but they are looking to go vertical with Cypress and other trees so that the area can be screened. They anid they only need t put t e a~ndscaping in so that they can go Vert cal wft~both thew and v nes I up He stated they would be glad to talk about other Issues that are there and which are not really _, particularly relevant to the Code request. However, ff Commission wishes to talk about their past and their relationship with the neighborhood lady who they pretty much surround, they would be happy to do so. They did not know just how much time Commission wished to spend on this item, but they are prepared to do that ff Commission wishes. He explained these are their thoughts on the request for the amendment, and h seemed the best thing that could occur there, would be to get this Code amendment, get a new wall in, get the landscaping in and then take the other issues item by item. They have an existing non-conforming building; existing non-cor~orming lot next to the building which they can't do anything about - at least ftom the City's standpoirrt. Mr. Schwartze stated they do have an opportunity to do things on two lots that have been vagnt, paved and are presently screened by a fence, and nothing more. QPPOSITION_ Jim Atry, 1122 W. Center Street, ~eesm~, Qir ~y where isca parking poblemt and the staff reporthsays have been fighting this property it all and he did not think that he should have to go over ft all again. Sherrie Becker, explained she is right in the middle of Ace Fixtures property at 1129 W. Center Street, Anaheim. The property in question is supposed to be a parking lot but Ace Fixtures uses it to do business on a daily oasts. It is very hazardous for her to back out of her driveway when there are flat 08/21/95 Page 3 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSIION August 21, 1995 .r i racks and other large trucks douThis~iras beanie ~ enuirrg proble~ ~~ s~ around them. She can't back out of her driveway. She explained in some places storage is three feet above tho fence line, and in one area storage abuts up against her fence and is pushing K over. She added the noise level in that area from fork lifts and trucks unloading and breaking up pallets is well over 90/95 decibels. That k hazardous to your health and h is impossible for anyone to sleep while someone s doing those things right outside the bedroom window' He has never abkied by what Code Enforcement has saki and they think now that they are going to plant a few cypress trees, (t wUl eliminate the problem, but she dkl not think K wpl help. She added, at least from her perspective and her neighborhood's perspective, Ace Fixtures doesn't want to do anything to help the neighborhood. THE PUBLIC HEARING WAS CLOSED. Chairwoman Mayer asked staff to explain this proposal for the zoning change, and whether or not they are actually talking about a property. Greg Hastings, Zoning Manager, explained ff the Planning Commission were to adopt this proposed ordinance, this ordinance would apply to all CG zoned property in the City. It Just so happens that the applicant had Initiated this particular request based on the problems that he was having on this property with Code Enforcement since currently there is no provision in the CG zone which allows outdoor _. storage. Mr. Hastings confirmed that the properties under discussion were 1120 to 1130 W. Llncdn. Commissioner Masse dar'rfied that a new code would not change the parMng that would be required of this individual business owner to provide for his business. Mr. Hastings dar'rfied there is a provision in the existing code which does require additional parking for outdoor uses. He explained they would have to provide the parMng or come back in for an additional waNer in this particular location. Commissioner Masse asked Mr. Schwartz if he wanted to address any of the concerns that the neighbors have brought up. Phil Schwartze responded the parking problems were in the rider section of Anaheim along Lincoln and most of the properties there are zoned CG. The rider properties were never required to have on-site parking. He referred to the serial photos provided by Code Enforcement which ware taken just a few days ago and pointed out that Ace Fbdures does have equipment and vans and things parked in behind their fence and also, along Lincon. He stated Ace Fbdures owns the entire sWp, and most of the customers park along Lincoln. Mr. Schwartze explained Mr. Berger also owns the adjacent liquor store and people also park there and that Mr. Berner doesn't ask them to move ff they are going to Aca Fixtures or into the liquor store. He added ther , Is no question that Mr. Berger has over the years expanded his use and stretched the limits os/21 /95 Page 4 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING CQMMISSIION August 21, 1995 of everyone's patience. He though the only way to appreciate that is to know Mr. Berger, that he is a person who survived the hdocaust; that he and his family fled to Argentina and he came here, opened this business twenty-five to thirty years ago and struggled and fumed it into a very successful business over the years. He stated comments have been made in some cases that he has been overly successful and explained that because of the turnover of the product which he sells, large pieces of equipment, which generates a lot of retail sales, means that by the nature of the beast and the CG zoning, that there are going to be trucks moving in and out and moving that equipment. The equipment is for restaurants and things like that and those aren't small pieces of equipment, but they are large piers of equipment in boxes and other things. He stated he does not know of anything they could do, one way or another, and whether or not they would want to predude him from having trucks come and go. He added because this is somewhat a retail business, but mostly a retail business, that limits him from going other places. Mr. Schwartze stated he (mows that n has been suggested that Ace FbQUres move into the ML zone. This is a retail business and that la what the CG Zone was irnented for -for uses heavy on retail and morn heavy commercial uses. He added Mr. Berger is, without question, not the easiest person to get along with. They are doing their best to make sure that something good and positive can come from this as a result of the Caltrans actions. He added there are parking problems, and he did not know to what extent they have parking problems relative to the code or in real Iffe. He thought ff Commission looks at the pictures, that the van and other things are parked inskie the facility and he would also suggest that there is parking along Center and a lot of parking along the front of Ace Fixtures and other spaces that are open. He added when he goes there, which is quite often, there is always parking available. He referred to questions whether there are trucks coming/goin~i, and whether there are fork lifts moving that stuff in and out on Center and expllained the answer is, 'Absolutely.' He stated part of the problem here is that all of the properties on Center are also zoned CG. There are existing non-conforming residential, but they're zoned for commercial use so he Is not sure who to blame for this. Commissioner Messe stated that actually h is the landowners around there, ff he recalls. He added the Commission walled to rezone a loi of that area to reskential and the landowners asked that ft stay CG. Mr. Schwartze saki he though that was correct but he was not sure that this is the result they thought they were going ?~ get. Concerning tha noise Issue, Mr. Schwartze stated there are fork Iffts moving in and out, and these are electric fc+sk iffts as has been seen. He added Rankly, he has been in the planning business for 25 years anti has never seen a use with a 95 decibel reading. He added it does exceed normal limits out there froi*~ time to time. He was not sure about noise from the trucks, but the fork lifts certainly are not going to 1:7enerete that kind of noise. Mr. •Schwartze stated he does think the way to resolve this (s a step at a time. He felt there is nothing that is being done here today that is going to affect some of the concerns that the neighbors have. They have over the years extended offers to Mrs. Becker to purchase her property and have not been successful, so they are just dealing with It as best they can. 08/21/95 Page 5 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSIION August 21, 1995 ~_'' He added they hope the Commission will approve this Code Amendment that would allow them to get the landscaping and fencing and other things done. He stated in the meantime, they wql continue to address ail of the other issues. Ha thought by looking at the aerial photo, the Commission wql see that all of the materials are down below the fence height, and ft has been that way for some number of months since he has become irndved and started to work with Mr. Berger. He added he wants to make sure he fully understood all of issues out there and gets the vehides parked on the site, and gets the stuff down below fence height He stated when they got irndved in this originally, they were not sure whether CALTRANS was going to take 20 feet off the ftont, induding the front of the building, and that is what has stal!'~d a lot of this. They would have moved forward with more haste, but no one quite knew what was going on out there and they think they know now, at least in terms of the take. Commissioner Boydstun asked about the lady who lives in the house where the wall is on the east skis of her property? Mrs. Becker saki the wall was on the east skis. Plus, there are things on the east skis of the property which are sitting at 961nches, which is way above the level. She stated there are things they have stacked up and which are leaning up against the fence and are approximately 2-1 /2 feet above the fence line. She added Mr. Schwartze is wrong in saying the fork lifts are not that noisy because they are. She added she has been in the trucking Industry for 22 years and she knows the decibel level of a fork lift, believe me. y Commissioner Boydstun asked ff it was the west skJe fence that was being knocked over? Mr. Becker said it was the back fence the north fence. Commissioner Messe stated that he was out there the other day and there was a product in the middle of the street in the public right-of-way which must have been offloaded and was waiting to be loaded. I-le asked ff he understood correctly that Mr. Berger was trying to Icad everything on his property, or does he off-load ft from these trucks onto the public street and let h sit there? Mr. Schwartze saki at the time he had been there, the truck pulls up and then the fork Iffts come out and get it and put it in and behind the storage area. If they are offloading off the trucks sometimes they take it off the truck, and then the fork lifts in six trips haul al! of the stuff back around and they put it behind the fence. We don't think anybody is going to cart the stuff away because it is very heavy equipment, refrigerators, etc. But it certainly is not the intent to leave it in the street, and h needs to be moved back there. Most recently all of the material was below the fence line. Mr. Schwartze stated Mrs. Becker has saki they have materials encroaching on her north wall, but they were sort of leaving that alone because her trees are growing over onto Ace Fixtures' property. He added some of that material needs to be pushed In a certain way in order Just to get it under the canopy that is them, and, hopefully, they can work that out with neighbors. He states: now that he and Mr. Cantor are irnolved, maybe they can get somo better discussions going than Mrs. Becker and Mr. Berger. 68/21/95 Page 6 August 21, 1995 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING (;OMMISSIION -- ~_ -._ Commissioner Messe stated he thinks that area is all zoned CG but, as a matter of fact, K is residentiaal and there has got to be some type of 'glue and take' between the owners. Mr. SchwaKze agreed and said they are trying to find out what that balance is and R is dffticurt to work slow) dear K out and get down t the bottom of it soythere can be isome resdudonato this Ong to Y un oadin~ orn North Anaheim Boulevard and blocking the lanes of Etra~c and leavi g the things in the 9 mkldle of the street? Mr. Poole pointed out since the property was developed years ago when h was CG, ff the situation was very temporary, they would try to work around >G He added he has seen that situation referred to by Commissioner Boydstun there some times and the merdrandise is le° out for n lone e d d~dp~ Yes The problem with that property and some of the others that are zoned CG, they But certainty not ago when there was very Ifttle going on and the trucks could unload~onPh~~P~ye~ 'only reason that allow it to the extent of what is going on at Mr. Berger's property. that has been able to go on longer there is because ft is not a maJor thoroughfare. Commissioner Bristd asked Mr. Pole how many properties this ordinance would affect? Mr. Pole said it would oNy be in the rider portions of the City where the zoning is commercial general and the properties that were developed years ago, so the ordinance could have some ~ nefittotod oths ~t _ the neighbors have btrought up w01 not~be addressed by thisrordinan ~, landscaping. Commissioner Bristd asked ff he though it would affect 100 Properties in the City? Greg Hastings, Zoning Manager, stared that the City did do an inventory about two years ago of all of the CG and CH properties in tt~e city and between the two there were in excess of 200, so probably about 150 of those were CG. Most of those are (n large blocks and are not indivklual properties. Commissioner Bristd stated that what is being deckled here today is simply the ordinance and not any waivers to the ordnance or anything else, strictly adoption of this ordinance. Mr. Hastings stated that was correct and further expluse in the CG ones ~nwide. ~~ is whether outdoor storage should be aliawed as an accessory Mrs. Becker asked how allowing outdoor storage would affect toeand eh dkl not get so mu h asFa~'slap has been doing R for years anyway when he wasn't supposed on the hand' for tl. She felt now he is going to be rewa Wed and Is~o~~ tit ~rteet. Sh addedithey and that the Commission doesn't care about the peopi Pay taxes too. Commissioner Henninger pointed out that the staff report shows that Code Enforcement has had this gentlemen to court a couple of times on criminal charges. 08/21/95 ?age 7 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSIION August 21, 1995 Mrs. Becker added that the court ceclded they should just try to work ft out and that she has been there for that and that she knows. Commissioner Henninger continued that he is again on criminal prosecution. The City has been working with this and It is a serious problem and the City has been treating K seriously. Mrs. Becker said she hoped so. The neighborhood is taking it very seriously, and to say that he doesn't park in front of their houses is not true because they do. He~oniy~ ~8 ~~ng lot.mtis full of storages lots. The employees don't park on the lot; and h is suppos and other mLscellaneous kerns. She referred 10 one set of photos on a good day when the lot had been dtiarted up and h looks good, and added they can check >< out and just surprise him and drop by for a visit and see what K is really like. Commissioner Boydstun asked )f Ace Fbdures owned anY other parcels of land except those marked on Une map. Mr. Schwartze responded that he dkl not know Mr. Bergen's total hddings and is assuming that she meant just in this area He explained Mr. Berger has the liquor store, the parking lot to the liquor store, Ace Fbdures and what is shown on the map as numbers 14, 19 and 12. Ho though that was the extent of his entire hddings in that area. The liquor store Is on a lease and it is getting ready to be revamped because of the earthquake standards. Commissioner Boydstun saki that ff he is expanding into his extra lot, she dkl not know why he couldn't day whenithey~took theseicpistreet. Sbecauseathee is onhly one trucktba k there rind that ids not he wa~ is normally. Mr. Schwartze said he is not disagreeing and the loading and unloading should be done differently than K is right now. He added that ft is certainly not a unique situation in the CG zone or any other commercial zone to have trucks parked there and unloading. But because of the nature of this equipment, they've got to do it that way. He added they are hoping that wfth this step, along with the next ones, that the trucks then can start pulling in to what is shown as lot number 12 and start off- loadingthere in a better manner than they are now. They can provide screening and a security fence and get those sorts of things done. for a CUPi for this outdoor~sto geese anc~ he wanted to knaw~that wawa permitted use whichasked Commission could have granted. Greg Hastings stated the request was denied because n was found not to be proper. Commissioner Henninger stated the Commission heard some testimony that there Isn't room on this lot to bring the trucks in and then to unload them, but that is dearly not the case as seen from looking at the photos. They have two nice driveway cuts shown as Lot 12 and they could certainly create a truck unloading area on-site and have some parking on-site in that location. 08/21/95 Page 8 August 21, 1995 SUMMARY/ACTION AGENDA, ANAHEIM CIiY PUWNING COMMISSIION (41 Commisskxier Henninger stated most modem businesses are very careful about their irnentory contrd because keeping Inventory on site costs a lot of money and there seems to be an incredible amount of lack of irnentory cantrd here because :here Is a lot of irnentory on site. He wondered ff this wouldn't be a more profitable business ff the Commission encouraged a Ifttle better irnentory contrd here. He though they can do better than the current proposal. He stated we have been trying for ten years, and K is hard to believe that we can't do better. Jim Atry stated it took ten years to restore his house and two Years for his neighborhood to take a dive. He stated this man has monopolized their neighborhood and he has o but ~ ght this iss sayingmo let sense would tell us to get him someplace else where he has the room, him do his truck traffic on his lot, do away with the junk yard. He added he has surrounded the neighbors house wish junk. Mr. Atry questioned the liquor stove, pointing out K is on a lease. and he wouldrlike for ther Commission o have some discuss on amongst them~selvesy ~t is needed Chairwoman Mayer darified again that the Issue before the Commission is the amendment to the Code pertaining to permitted accessory uses and structures. Commissioner Boydstun saki ff the Code is to be changed that is something that is going to affect the entire City, and asked ff we should maintain the five feet of landscaping. She thought two feet will hurt us somewfiere else. Commissioner Masse asked ff there a provision elsewhere in the Code regarding not maintainUg storage above the fence line, because this amendment doesn't address that Issue. Greg Hastings responded there is a provision in the industrial zone; however, since this zone does not recognize outdoor storage, there is no provision. thismMr~Berge coe u d store sibove th fence I~nen'He darlfled al~tsayseis that therehasmo~be of ence Commissioner Henninger suggested that the proposal be amended to make this outdoor storage in the CG a conditlonal use. Commissioner Masse asked ff they would have to come in with a CUP and Commission could put condftions on ff. Commissioner Henninger suggested that we ask them to load and unload on sfte and to provide some parking on sfte. He thought there is dearly room to do that all such storage shall be fCully screenedrfrom view from adjacent properties ndrright of way by a that 08/21/95 Page 9 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSIION August 21, 1995 minimum of sbc foot high opaque fence or wall, so that would normally cover that it all be screened from view. They would raise the fence level ff the material is higher than the fence. Commissioner Masse said they would have to add to the fence then. Greg Hastings explained in this particular case, they would have to have a waiver to have a fence higher than six feet Commissioner Boydstun asked ff a waiver would be required to have a fence over sbc feet Greg Hastings responded, 'Not necessaray', and explallied I He bel~ed the height Iimft is 35~ee~t in that requirements, so the buildings are buUt at the property area. Commissioner Henninger offered a motbn that Commission accept this Code amendment with the change that outdoor storage would be a conditionally approved use and asked the City Attorney to bring back Code language to the next meeting to Implement that change. Selma Mann, City Attorney, asked ff the Commission would need to review it again ff the only change would be to move outdoor storage to the Conditlonal Use section, or do they want staff to Just go ahead change the numbering and recommend that to the City Council. Commissioner Henninger clarified ff we do require a CUP, then there will be a public hearing and ff someone wants to ask for a waiver of the landscape, the Commission could take care of it then. B. CONDITIONAL USE PERMIT NO 3301 REQUEST FOR EXTENSION Approved OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL: Blash (to expire 5-21-96) Mameny, 27762 Pebble Beach, Mission VleJo, CA request~h conditions extension of time (to expire August 21, 1996) to comply of approval for Conditional Use Permit No. 3301 (to construct 2 dwelling units within the Flood Plain Overlay Zone to establish a 19-lot, 18-unti, RS-5000 resklential subdivision with waivers of required lot ftordage and minimum distance between oU ddlling sftes and dwelling units). Property is located at the northwest terminus of Garland Circle. Continued ftom the August 7, 1995 Planning Commission meeting. 08/21/95 Page 10 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSIION August 21,1995 C, ^^"^"''ONAL USE PERMIT NO 3165 -REQUEST FOR e~ ~neTe~mel rONFORMANCE: Mike Valdivia of 9570 Pathway Street, Suhe A-202, Santee, Ca 92701 requests substanrtial confomnance review of revised plans for an outdoor dining area in conjunction with a previously-approved freestanding restaurarn. Property is located at 2438 East Katella Avenue (Hungry Hunter). Determined to be (n substantial corrfom~ance with previously approved plans D. CONDITIONAL US 'PERMIT NO 2685 -REQUEST FOR Continued to e~ ~geTANT1Al CONFORMANCE: Samar Johan of 1074 North Tustin September 8, 1995 Avenue, Anaheim, CA 92807 requests substantial confomrance review of revised plans to relocate an existing bar and seating area for a previously approved restaurant wRh accessory cockta8 lounge. Property is located at 1074 North Tustin Avenue (Mr. J's). Jeff Farano, attorney, stated that they requested the continuance for two weeks because there is a new CUP that will be consklered at that time for the same property and they could be heard at the same time. Chairwoman Mayer stated that would be September 6,1995, and it is a Wednesday meeting. Motion was made and seconded to continue this item to September e, 1995. CONDITIONAL USE PERMIT NO 1082 AND CONDITIONAL USE Initiated modification PERMIT NO 3422 REQUEST FOR INITIATION OF REVOCATION and/or revocation OR MODIFlCATION PROCEEDINGS: Initiated by the City of Anaheim, proceedings Code Enforcement Division, 200 South Anaheim Blvd., Anaheim, CA 92805. Request for inftlation of revocation or modiBcaUon proceedings for Conditional Use Permit No. 1082 (to permit a restaurant with the on- premise ccnsumption of beer and wine) and Conditional Use Permit No. 3422 (to permit a restaurant with the on-premise consumption of aicohdic beverages). Property is located at 1339 North East Street (Sweetwater Saloon). 08/21/95 Page 11 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSIION August 21,1995 ~ rere NEGATIVE DEGLeReT10N Continued to 2b. RECLeSSIFlGATION N0.9495-09 October 2,1995 2a IIV~,^'~° OF CODE REQUIREMENT 2d. CONDITIONAL USE PERMR N0.3776 OWNER: DONALD A MILLER, C/0 Glenn Hellyer,1225 W. Lincoln Avenue, Anaheim, CA 92805 AGENT: JOHN SWIN'T, 707 W NoRh Street, Anaheim, CA 92805 LOCATION: 301 S Anaheim Boulevard. Property is approximately 0.87 acre located at the southwest comer of Anaheim Boulevard and Broadway. T~ redassNy subject property ftom the CG (Commercial, General) Zone to the CL (Commercial, Limited) or a less intense zone. To permit a 3,075-square foot drive-through restaurant wRh an outdoor patio area `: Continued from the July 10, 1995 Planning Commission meeting. RirCLASSIFlCATION RESOLUTION NO. CONDITIONAL USE PERMIT RESOLUTION N0. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Commission moved and seconded to continue this item to October 2, 1995• VOTE: 7-0 08/21/95 Page 12 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSIION August 21,1995 ~, ~Ene NEGATIVE DECLA,9ATION Continued to 3b. t~'ER OF CODE REOUIREMENI September 6,1995 3c. GONDITIONAr !!~~ PERMR N0.3778 OWNER: ROSCOE AND WINIFRED CONKUN, 3030 Terraza, Fullerton, CA 92G?5 AGENT: ALEXANDER DRAKE HIBBS, INC., 1200 N. Jefferson, Ste. A, Anaheim, CA 92807 LOCATION: 831-835 North Anahelm Boulevard. Prope:"~l is approximately 0.52 acre located on the west side of Anaheim Boulevard and approximately 255 feet south of the centerline of La Veme Street. To establish an automobile glass tinting and electronic trouble shooting facility with waiver of required parking lot landscaping. Continued ftom the Jufy 24, 1995 Planning Commission meeting. CONDITIONAL USE PERMR RESOLUTION N0. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Continued subject request to the September 6, 1995 Planning Commission meeting in onier to complete readvertising procedures. VOTE: 7-0 08/21/95 Page 13 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSIION August 21, 1995 f ..; 4a CEQe NEGATIVE DECLARATION (Previously Approved) 4b. WAIVER OF CODE REQUIREMENT 4c. rONDITIONAL USE PERMIT N0.2602 (Readvertised) Approved Denied without prejudice Denied amendment without prejudice OWNER: JOHN WOLBERG, P.0. BOX 280, Orange, CA 92666 LOCATION: ,~7 and 133 West HiII Plate. The property Is appn~ximately 0.75 acre located on the north sloe of HAI Place and befog located approximately 90 feet east of the centerline of Iris Street. To amend Resolution No. 84R~93 to permit the expansion of a previously approved 40 bed board and care facglry to allow a total of 49 beds with waiver of min(mum number of parking spaces. Cr,,7tinued from the August 7, 1995 Planning Commission meeting. CONDITIONAL USE PERMIT RESOLUTION N0. PC95-97 FOLLOWi,',iG IS A SUMMArnY OF THE Pt1WNING COMMISSION ACTION. OPPO~iTION: 3 people spoke in opposftion/correspondence in opposition was received John Wdberg, owner/proprietor of Crystal Court Guest Home, stated that this hem has been continued ftom August 7th for an evaluation by tlse Police Department, i.e. a comparison of this business wfth other like businesses. He has not yet seen that report nor heard and would like to see ff the Police Department will give a response as to what that report contained. Chairwoman Mayer asked staff ff that report could be made available to Mr. Wolberg, or how would he get a copy of that report. Commissioner Masse asked ff that was not with his copy of the staff report, to which Mr. Wolberg responded was the only copy that he received on the staff report was the one that was prior to the 7th. Karen Dudley, Associate Planner, stated that the Pdce Department submitt~3d a report late Friday afternoon and h was induded in the Commissioner's packets, and it was not included as an attachment to the staff report. However, there is a representative ftom the Police Department who is prepared to make an oral presentation. Commissioner Masse asked Mr. Wdberg ff he had any other infom'ration to give Commission since the last meeting. Mr. Wdberg saki the only information that he could present since the last meeting is the fact that he addressed a letter about a week ago. He stated they have moved three persons from the facility that could be a detriment to the community. Those persons have been replaced. They have had meetings 08/21/95 Page 14 August 21, 1995 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSIION `__J with the residents and with staff several times about unnecessary ails to the policeice dolget called, addressed the issue that they have a response system set up now so that if the pd they wAl respond directly back to the staff; the staff will coMfrrn the near; for the call . They have 24 hours a day standby and have added two more staff persons at night. They have taken care of the issue of the gates on the disposal unfts and also the street addresses. They have gone forward on this as expeditlously as possiaa. Mr. Wdberg stated he has not seen the police report and that was what he hoped t em so that theree~ He added they have deane.i up the facgity a great deal and set up a monitoring syst will be no unnecessary cabs responded to whatsoever by the pdice. That was dons as of the 7th of last month. Commissioner Peraza asked how they decide what is necessary and what Isn't? n with sychiatrictevaluatio s t tally on that issues andDde rmined that those individMals ne~~edh Mme higher density level of care. Commissioner Peraza darified that he was asking how they deckle which calls are important to the Pdice Department and which ones aren't? staff then authorizes thathft is an emergency call Ipso there will Holt be anounnecessaryacall mergency. The Commissioner Meese asked ff they had an agreement with the Pdice Department to operate under that procedure? Mr. Wolberg said they had a meeting on the 7th and that the pdice tdd him they would put It into the set the srstem up and were comfortable with it atthat t(ma~nOtherwisetheewouldlhave no addressed e Y the issue In the letter. Loretta Trinklad, Administrator of the facgity, explained regarding the police calls, that they have certain guidelines to fellow for reporting a missing person. They are stUl obligated to call the police. Anybody who creates a disturbance such as a fight, or somebody is hurt, then they have to call the police. Any other minor things, they can iron out with the reskents. Selma Mann, City Attorney, said before the Commission moves forward, she wantedit~o~r,s oncem but however the applicant internally works out the management hat lilac are dictating when a call is to be the Commission does not want to be suggesting in any way Y deemed an emergency and when the police should be summoned to a particular location. That is not something that the city is attempting to regulate in any way. Joe Sellarde saki he lives right across the street from the property at 122 HUI, and he thinks *.he misunderstanding is that a lot of the calls were coming ftom the resdents who live mere and that is not true. A lot of the calls were coming ftom the residents around there. They continually have people who live at that property come into the alley and smoke pot constantly. The residents have had tits and 08/21/S5 Page 15 August 21, 1995 SUMMARY/ACTION AGENDA, ANAHEIM CITY PUWNING COMMISSIION seizures right out in front of their property, rolling around on the ground. There was a homicide there last October because there was no monitoring whatsoever going on at that property They dimb around on the roofs, they throw things into the courtyard area there. They watch the people that walk to their homes.~T'he the and his wife leaveL,the house to go fors a walk, they kno~n-vwhere they are going, they them watch us as we leave. He stated they are also connected with the property at 1325 because they read that staff report about that and we have talked to the "in charge" person at 8325 ~ Uy 9 Y~ ~a~ f~h ~~°the ~h the 127 property; and he does, because those peopl properties. We just called the policin the bushes smoking- I don'teknow ff was rnariluana or what, and properties actually on our property our ro ri ht there in our bushes and our she is under the opinion that that's public property - P PertY g walkways. So the people there are very mis-understood of where they actually are allowed to go and where they can go and what their boundoa uesto theTliheuor stores and that isl NO TRESPASSINGe properties at 1325 constantly and they g P 4 through that alley. We've had signs up there that say "NO TRESPASSING' and they tear them off or whatever, they get tom off. They constantly walk in foont u+ '.he neighbors there coming and going with their things of coke or whatever. We've also had recent problems with the homeless people going to this property. They feed them at these properties. The homeless people bring things - I don't know what they are -but they are in Ifttle vials, powdery looking material that they give to the people at the residence. He doesn't know ff ft is drugs or what, gut the people at the residence are very happy and excited to get ft and the homeless person gets something in return and they are very happy and excited als°. So we've had homeless people who do not belong in this reskfence at this property and we have called the rwllce -even In the last week - 3 times and probably in the last month 10 times, maybe even 15 times. -:very day we practically call the police. We try not to because we know we are getting on their nerves but they keep ~~ngh awalisted in thel coimputer ahnd9heyvsakf thatg's the best wa~to get some hing 11~ke'thisme out rig Y efther under contrd or shut down. Our concern is that I: they put nine more rooms or nine more beds or whatee at thati residence, ff there that's nine more people that are not under contrd because we've had peopl is someone there in contrd he doesn't understand why they are if ~ eo a ishn charge therentheyr incident, someone throw a phone book on fire into the property. should be monitoring that. That should not occur to begin with. It Just shouldn't happen at all. It's just one thing after another and he just wanted to at least let everyone here know that ft's not being monftored properly and it's very much out of contrd and very much a menace to the Police Department and that area as far as the neighbors are concerned too. We have little kkls INing next door to the 1325 property, which in the report says that is a vacant property, or ft's 1311 -that is actually a residence wfth children and families which is also right next door to the properties. We Just wanted to make you aware -known to you guys -that it's a big problem. There's no monitoring whatsoever. Those people comt~ and go aZ they want and they drive their own vehides,while under the influence of these drugs or alcohd I ar whatevertheynhave. He just wanted to vehid 08/21/95 Page 16 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLAN~~ING COMMISSIION August 21,1995 let Commission know how the neighbors feel. We ar: uany did get a letter together and all the neighbors signed lt and wanted to make you aware. We are very, very cdonce~ks for yourdtim~ly 11ke for them not even be added to but shut down M they are not run props y. Pat Boydstun saki she and her famgy own the property at 138 and she has been here for the two prior meetings, and she has also had an opportunity to talk to the Code Enforcement officer and she was very helpful to her. She coMi ~ mom g and she has been out two the sR becxtuse of cohmpla~ntseshe e licensing board perso receNed from their tenants. She stated she had mentioned to Commission before about the lady showering in the yard, a dierrt Wing in the unit next door to them that fs not a part of that facggy and about a young man throwing a glass at her tenants. There was one other inddent she did not tell about and that was the man who would get on the roof and howl at the moon. Now, they were cited for four items. The one for the woman showering in the yard, for the gentleman who INes next door that is i of ~ krti~rrtgh by c gy, and another inckient came up when a couple were, what she described as hu99 9 apartment C and she weM over to the facility to complain but was unable to find anyone in the office. It happened again the next night and the police were out again. They were cited for the actNgy that was going on by the apartment, which the licensing board person described as fondling. So that means four citations in one trip as she understands iG She has walked around the area, and the bugdings down the street and right next door look like a unlt that has chgdren. She talked to the tenant across the street and they have a child. They have reported that their next door neighbor has complained that people are dimbing over ttc9 fence and also stealing things. So there are Iltde chgdren that are Wing in that area that she knows of in at least three buildings. Our tenant who has two sons wgl not let his chgdren play outskle. There is also a schod about two blocks down the street that looks like a grade schod and looks like lt is in session, so lt is in very dose proximity to this faclity. - She found art from the licensing board that there is another iacggy on Anaheim Boulevard that is licensed for 40 beds, although they are not tgied to capacity. They also have a population of mentally disturbed people. Now that's eighty beds. She asked how many beds they can have in this community and this reskfential area. Although licensing has not receNed any complaints about the rfio ~ ,anor have her t:3na!Sts and they have said that facility is not a problem. This one does appea problem and the tenants don't feel comfortable. They have to be continuously viggant. She knows of two occasbn~ where the police were out again, each of my tenants reported that. She was concerned about future tenants and what they are supposed to tell them when they come to look at an apartment -'Oh, by the way, there are eighty beds for mentally disturbed people within half a block.' She asked what is the Ilabgity for the city; that they let the Commission know they are concerned and all the things that are happening, and wondered what is the liabgity? Also, what's theirs? They are concerned landlords, and want their tenants to feel comfortable, but they don't feel comfortable, and she doesn't feel comfortable. She stated she did not know where they are going here. She stated she hopes Commission does not approve the addltional beds and she (s concerned about the ones that are there. 08/21/95 Page 17 August 21, 1995 SUMMARY/ACTION AGENDA, MJAHEIM CITY PLANNING COMMISSIION Anna Seilarole saki she Iives at 122 HUI Place, directly across the street from ~~ ~Ssurrounding echoing basically what the last two persoros have saki. In the staff report __ Iand uses to the east across the alley as being a vacant twUdi,~g. In fact.ride their roil re skates r that all have small chgdren. They live in a little cul de sac area there ~ ~~ tlme she has called the what have you In front of their house. They have come to us many police and as a result they have been tokJ that these patients or dients have beckoned them to come over there and they have talked to them and made derogatory statements to them. 1'Y~~seo m I del gib s. She urvierstands that chUd mdesters and rapes erare Ian across the street IYs a b 9 concem for and she is not sure what kind of mentally UI peopl 9 her. The staff report also states that there are eight employees on a staggered schedule. She though that means there La one person in charge all night long, and she thought that speaks for itself as to safety. They corns and go as they please. There is nothing that she can see where they are keeping contrd of these people at all. ft is a dally problem that she has to Ilve with and she really wants K stopped. She referred to a letter which they sent in today that had a lot of signatures. Those are Just a fraction of those who would have signed it had they been home. Unfortunately, not everyone could make ft to the meeting today but tF~ey are all very concerned as a community. Chairwoman Mayer noted that the Commissioners have all received a copy of a letter submitted by the reskfents about 1325 S. Anaheim Bivd., 122 W. HUI Place and 128 W. HUI Place. She asked if there was anyone else that wished to address the Issues. Loretta Trinkfad, administrator for the facUity, stated this facUity opened on January 1 of this year. This gentlemen was addressfig some problems which happened last year. He mentioned the homeless being fed by their facUity, and she does not know of any such thing. She is very sure that she has never seen a hor~aa,s person coming or being fed in their facility. The problem Is that other facUity is very dose anc! there aritsot ass dieMs also belong toithe oth r propertYiwhlch~is only a few minutes awai y no proc;: and pons y Regarding the allegation that somebody went to the their facUity to check and there was notwdy that was watch(ng. There was no bass for that because he saki he came at eight o'dock or eight to eight- thlrty and that was the limo when they give med~acausenevderybodYnwas I~th dininge Dorn t that time. reskier~ts. He probably could not find anybody She dkJ trot have any klea what the pdice was being called for because she v-as not aware of any poke reports whatsoever for the past two -three weeks. She though that R is very unfair for the community to condude that all those persons belong to this facUiry beau that R ~ theft deerrts~~ nearby. Unless the neighbors can gNe names or proof, she wAl nett accept Greg Lah'sor~, Pdics Departmerd, stated as a result of the last meeting and the request that he do a 1941 E. comparison analysis on a like facUity and the one he came up with is the Hacienda Home, Center Street in Anaheim. It's a 46-bed facUity and he dkf a premise history on both locations. from August 1994 to about the end of July 1995, they had 37 ~Is~disturbarrces~attempted suicides~vident of time. There are copies in the report as to the types mental cases, assistance to Social Services, drug over-doses, some alcohd and other drug-related inckfertts. The Pdice Department's concern was the fact that adding more beds to this iadllty would 08/21/95 Page 18 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSIION A'=gust 21,19' Increase the calls even more at this location and deplete the price servk~s and manpower. Commissioner Masse said there was testimony today from one of the residents in the neighborhood that they have been calling every da ~, ~~ ~~ ~e~ ~ recadedcell ~pOnse t the place called and the Pdice Departure that the call came from or the fac9lty address? Mr. Lawson saki h would appear on the cans as the reporting party's address, unless they called in as an anonymous person and did not want to give their name. But the location would be where the pdice unit would be sent to, whkh would be the Hall Street address. Commissioner Meese asked ~ he called the Pdk;e Department and complained about something happening at some other address, how would It get reported, as my address or the Hql Street address? Mr. Lawson explained ff he wanted contact by a pdfce representatlve, they would send the unit to his address but ff he dkl not want contact, they would send the pdice unit to the complaint address that was given. Commissioner Masse explained he asked because the price report is not showing 30 calls a month. Commissioner Bristd asked staff for darffication of the 1315 and 1321 S. Anaheim Boulevard addresses, and whether the other home ti,e applicant is talking about is an annex to ff. Greg Hastings, staff, saki that Ls posside. To his krwwledge the only other home In that area is on Anaheim Boulevard. Commissioner Bristd asked ff that was the cne directly east and Mr. Hastings saki it would be to the southeast. He explained apparently a four dwelling unit complex immediately adjacent to the shopping center. This would be just south of that. Commissioner Pereza asked ff this rr~as the same type of home as the ones on Anaheim Boulevard. Mr. Hastings answered he was not sure, but though: at the next meeting, the Planning Commission will be seeing a request for expansion of that property. Commissioner Peraza questloned whether there is any regulatlons through which the neighbors can require a hearing ff there are two wfttrln a certain distance of each other Mr. Hastings saki he was not aware of any such restrictions, and was sure that is not the case within the City of Anaheim. He dkl not knee what the requirement would be with the licensing agency. CommLsslaner Henninger asked the Pdice Department represer>tatlve regarding the handwritten commerrts on the Center Street calls and wondered ff the calls at this facBlry are of the same genera! nature? Mr. Lawson saki they were basically the same types of calls. i 08/21/95 Page 19 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSIION August 21,1995 Commissioner Bristd stated nine additional beds is 20 per cent more, and asked ff Mr. Lawson though the calls would go up that much? Mr. Lawson responded he though there was a good dunce of that. Commissioner Henninger asked for a description of a call that was characterized in hand writing as widens mental'. Mr. Lawson said the Code on that is 9?SV which Ls a vident mental case or a vident mental person that is prone to attack or is fighting someone and will flgM when the polce arrive there. He explained normally they would take that person to a locked down facility. That is at least a two, sometimes a three-unit call for These type of cabs. Chairwoman Mayer asked about people with a mdestation background and whether they could be housed in a facptty like this. (Mr. Lawson respondeu that is a possibility.) Commissioner Henninger stated he understands that everybody has a right to live in a residential environment and asked how far does that extend in terms of insisting that the local community accept some amount of disturbance? Selma Mann responded she wished that type question could have an easy answer. She though that the background for that is that there is fair housing law, both on state and federal levels, that goes quite a ways in protecting this type of facility in the sense that both the federal and state governments have recognized that by choice very few neighborhoods would choose to have this type of faciity as a neighbor. When h becomes a matter of criminal behavior that is impacting upon the community, she thought that is 'going beyond' the bounds of what is happening at the facility. She thought that there is a number of issues that can be consklered. First, to the extent that we have criminal Issues, they should be treated criminally and that the Pdice Department should be enforcing its laws agfrinst anyone who is vitiating. The other thing is apparently something that the neighbors have been doi;~g. There is state licensing for f~~'s tupe of facility and they have regulations as well in terms of the types of supervision that would be required at a board and care facility. We could probably fled out more about the types of supervision. But in terms of notifying those agencies to have them be aware of the ~'f~ of Issues that the community is having for conskferatlon on whether they Issue a permit for this type of a facility in the future at a particular location to a particular operator. So h Is not as though there is no recourse available. She stated as to what the CommLssion has asked, the only Issue that Is before them today is those nine incremental units. She asked the Commission to make very specific findings ff they choose to deny this request that the basis for denial fs because of impacts that have been made upon the neighborhood. Commissioner Henninger said he is a big supporter of providing housing space for everybody. There was an issue regarding a shatter up in Anaheim Hills which he though everyone would remember and he believed that that was the right thing to permit and that it was not going to be a detriment to the neighborhood. He saw that as being a form of paranoia by the neighborhood. But from looking at these records from these two facilitles,l< is dear from the records that there must be problems out there. He though it makes a lot of sense for the Commission to Insist that these problems not occur ff they are 08/21/95 Page 20 August 21, 1995 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSIION Hethou ht that it is Commissions dutyuto that they world a~ ~ do ~~ like they . 9 are working very well. Commissbner Peraza noted the sec missio~nrds ffor an agency Uke this,, for~areresidential homeg? ~ ~ asked ff h is proper to condffio rnY 9 Selma Mann, City Attorney, responded that isn't an issue that they acttmlly tooke~act~i~~o ~y ~ h this application. She though ff the Commission wants an answer to what types appropriate on this type of a facility, then she would like to have an opportwiity to look at that in a Ifttle mare depth and come back to Commission with an answer, rether than just offering an opinion without all the Information available. Commissioner Henninger saki perhaps we need to re-examine the underlying CUP on this use to see how to correct the problem that is occurrlng out there in the neighborhood. Commissioner Bristd felt the applicant >s due some explanation, ff not ftom all of the Commissioners, ftom at least a few. The staff says what is legal aff ~ ~ ~~ busir>ass~but when we het alal~ ~ is one thing. He understands that in some respects these letters and these responses ftom the neighbors, there is a problem. He stated the last Ume the applicant indicated that he had no contrd, and he though their words were'of the comings and goings' -and he understands that -and he understands what the applicant is trying to do and that's commendable. But he cannot get over the residents and these fdks coming and going and what happens when they go out. He stated that takes precedence over any Issue as far as the nine beds. He though that he owed giving his view to tho applicant. Commissioner Boydstun asked ff people can come and go twenty-four hours a day, and ff there are no house hours. Ms. Trfnidad stated that there is a curfew hour which is ten p.m. and on Friday and Saturday n(ghts it is eleven p.m. Commissioner goydstun asked what happens ff they aren't there or ff they don't come back until two or three in the morning? Ms. Trinkfad saki they know they have to come back because they have house rulbs and ff they vidate otherwise they get warnings and a nalowam g and the next~Ume they eknow they have at30 days eviction notice. Chairwoman Mayer asked ff they get two warnings and then are evicted? Ms. Trinklad said it depends on the offense and K has to be a very serious offense to be evicted. Commissioner Masse stated ahviously there is a problem and asked ff Ms. Trfnkfad had any suggestions as to how she could alleviate the concerns of the neighborhood. 08/21/95 Page 21 August 21, 1995 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSIION Ms. Trinkiad saki there was mention of an Issue reganiing children and ch8d mdestation and they do not keep them. She thought people of that nature who need help are better kept in a Irked facility, but she hasn't heard of anybody. Otherwise, they don't accept them. She explained they have a thorough screening of their dient's history before accepting them in our facility. They have the right to atxept and reject the dierrts. They don't have anybody with such history. They are all on medications and are ^" considered stable. Their conditions are considered stable because they are g iblingrecommended for there is a change in their behavior, they are referred to a psychiatrist and pose y admission to a locked facility or the hospital. She slat ~ themselves sand soetheY P ~dY ~ Yoru~nlger with children. Some of their diertts are probably par siblings and it is just by human nature that they get frierxily. She is a mother of four and her youngest comps with her sometimes to work and the residents behavior mellows when the younger people or chgdren are around, or pets. It is just an instinct and they probably want to be nice and friendly especially to the children. Commissioner Henninger asked if the reskiertts are all considered stable, and why do they have so many calls that are characterized as videM mental episodes? Ms. Trinkiad saki she cannot recall very many calls, but remembers once when two male reskients were having a fist fight~Suse she cou d not get the rnoneby~she wanted and~shertried th trowing thingsadk a o was very upse tantrum; and those are the ranges of vident behavior they can have. Commissioner Henninger saki there have been a number of calls for attempted suickie? did notnrdecall thattanyone had ever alttempted~ su ckle and thought that cokuld be the Hac eenda facUityShe Commissioner Henninger responded that he Is looking at the other list wfth the notations on it, but there was testimony that the types of calls were similar. Commissioner Masse darifled that the ownership of this facility changed in hands in January of 1995 and that is when the operation started. He saki this is an intenstflcation of the use of this property, and he is wondering, without prejudice, if waiting for awhile to see how this new ownership 9~s In this calls and solvethe problemis in the neighbofiood, but he can see increasing the problems by bar ~ percerrttage of 22.5 percent. Commissioner Henninger stated that he is tempted to be a little more aggressive than that, but perhaps Commissioner Masse is right and perhaps Commission should just dent this without prejudice. Or continue it for some period of time and ask them if they could work with Code ErrforcemeM and the PD to see what they can do about curing the concenrs. Commissioner BoydStun saki the letter the Commission received from the ap~Rm~~ 9 flower pots door on Iris is very frightening. There are threats to bum someone and they and cigarettes over the fence, which could start a fire in the back yard. 08/21/95 Page 22 SUMMARY/ACflON AGENDA, ANAHEIM CITY PLANNING COMMISSIION August 21, 1995 U Commissioner Henninger saki Commission could deny this now and ask staff to set the underlying CUP for a hearing and see ff they could develop some conditions that would better cordrd this use. Commissioner Meese said he would Prefer letting the operator see ff he cold bring that under contrd himself. They are probably more professbnal in running an establishment like this and putting their own conditions on ff, but he dkin't know. Commissioner Henninger asked ff the Commission could ask Code Enforcement and PD to go out there in ninety days and see what the current situation is and bring a report back. Commissioner Boydstun added they should keep track of any calls during that ninety day period, and what type they are, etc. Commissioner Meese asked, under the streamlining act, how long could we continue this item, adding, of course, they could waive their prlvGeges under that act. Selma Mann, Deputy City Attorney, saki she believed that there is a limitation as to how long they could waive their privileges. She thought h is a ninety day period from the time that the completed application is received and thereafter there can be one continuance that's agreed upon between the parties. She thought that ff the Commission is indined to act one way or another, that an action on this item might be appropriate. Commissioner Henninger suggested that the Commission deny this without prejudice, and ask staff to give them a report on this facility in 90 days. Chairwoman Mayer asked Bruce Freeman, Code Enforcement, ff he had a comment? Mr. Freeman responded they wAl work with the Pdlce Department and bring back a report to the Commission within ninety days. There is no problem at all and the inckierrts that Code Enforcement has had have been very minimal. We haven't had the problem that the police department has had with this property. Commissioner Henninger said that maybe this is something that could also be worked through with the state licensing facUity. He moved that this action is ~vered by the previously approved CEQA Negative Declaration. Motion was seconded and carried. Greg Hastings pointed out the only thing that is before Commission is the Increase In the number of clients. Commissioner Henninger asked for what purpose? Mr. Hastings asked ff the Commission is conskierlng action on the underlying conditional use permit Commissioner Henninger stated the Commission is not acting cn that, but are going to wait ninety days for a report and then they wAl deckle what they want to do. Commissioner Meese darlfled they are considering denying the intensification of the use. 08/21/95 Page 23 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSIION August 21, 1995 . S j J Selma Mann noted what is actually requested is an amendment of a conditional use permit Commissioner Henninger saki that is correct and his motion would be to deny the amendment and that the original CUP is not being changed in any way. Commissioner Masse saki they are operating with a forty bed CUP. Greg Hastings added in ninety days the Commission would like to have a report back from Code Enforcement as a report and recommendation item regarding the underlying conditional use permit Commissioner Masse continued that the applicant may then decide to come back and reapply for this amendment. Commissioner Henninger saki ff it turns out that the new management is able to successfully coMroi these problems, he thought the Commissioners would all certainly be open to the additional beds, but now, there is probably some wont that has to be done on the underlying CUP. ACTION: Determined that the previously approved negative declaration is adequate to serve as the required emrironmentai documentation for subject request. Denied Waiver of Code Requirement wli~:,ut prejudice Denied, wfthout prejudice, the request to amend Resolution No. 84R-393 approved in connection with Conditional Use Permit No. 2602. VOTE: 7-0 Planning Commission requested that Code Enforcement staff bring back a report in 90 days relative to the operb ~`^^ ~f subject facility to determine ff the underlying conditional use permit should be set Cnr 4 i.:blic hearing. 08/21/95 Page 24 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSIION August 21, 1995 5a ~ CAe NEGATIVE DECLARATION 5b. ,~,ONDITIONAL USE PERMIT N0.377~ OWNER: TRW, iNC., 500 City Parkway Went, Orange, CA 92668 AGENT: ABERNETHY-CARR-LOPUCH II, 5800 W. CeMUry Blvd., X90855, Los Angeles, CA 90009855 LOCATION: ,2761 West Katella Avenue ITR'W Buildinal. The property is approximately 1.75 acres located at the northeast comer of Katella Avenue and Humor Drive, having approximate frontages of 272 feet on the north side of Katella Avenue and 282 feet on the east skle of Humor Dfire. To permR a self storage facfiiry. Continued from U,.: August 7, 1995 Planning Commission meeting. CONDITIONAL USE PERMIT RESOLUTION N0. Continued to September 18, 1995 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. IN FAVOR: Corresponcsnce was received in favor of subject proposal OPPOSITION: None Greg Hastings, Zoning Manager, said there is a rev(sed staff report dated today on this item. A copy has been faxed to the applicant and copies are avaGable to anybody who would like a copy. It has been distributed this morning to the Planning Commission for their review. The changes have been highlighted. Frank FJfend, Elfend and Associates, 610 Newport Center Drive, Newport Beach, CA, agent, and Bob Abernethy, agent for TRW, were present to answer any questions. Mr. Elfend stated Mr. Abernethy has been In the business of self-storage since about 1974 and has an extensive background in developing this type of facility. 'He felt the staff report adequately described the proposal. It recommends approval of the indoor self-storage facAity; however, it does recommend against the outdoor storage but requests additional landscaping to the north and east of the property which is adjacent to those reskfential land uses. It also recommerxis against placing a freestanding sign un an existing transmission pde, but requests that this transmission pde be removed. Those are two Items that he would like to discuss more specifically today. He handed information to the Commission. 08/21/95 Page 25 ') '~ L August 21, 1995 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSIION Mr. Elfend pointed out essentially the outdoor storage area is comprised of apprwdmately 70 to 80 Narking spaces. It is that area which encompasses those last three rows of Parking north of the parking for ties actual storage facgity itself He pointed out the area on the exhibit displayed. Mr. Elfend continued the outdoor storage that is Proposed in that location would be Iimlted to RV vehides, r, maintenance or other work vans, etc. and there would be no outdoor storage r~material~ such, for vehides and RV-related types of pennltted on vehides. Essentially lt would be a pa 9 ~ uses. The hours of operation would be from 7 a.m. to 7 p.m. for both inside and outskle. Mr. Elfend stated one important factor to conskler in this request is to have an understanding of how that facgity operated previously when lt was the TRW data center. He referred to a letter from Matiow Kennedy which he handed out whk;h indicates that when TRW did operate, lt was a 24hour a day operation, 365 days a year. The parking lot had cars In lt all day and all night. The reason staff recommended against outdoor storage in their staff report is because they were concerned about the Interface with adjacent uses that exists today and would exist in the future. There is a stx~oot block v;all along the nortTh staff repoK property lines now, plus 2 feet of chain link feon ei~i ~ ~~ sly la~~ ~ ~ twlthstanding the did indicate screening and that the property inst those residential areas. recommendation for additional landscaping age He stated the continuance of this case from two weeks ago was so that the applicant had an opportunity to review some of those recommendations and see if they wo~~d be able to address some of the land use 4nterface Rams indicated in the staff report. In order to meet these requirements, Mc Abernethy met with the neighbors and he presented two letters from the neighbors who live in the single-family housing. F3asically what he has done is to get two of the neighbors to indicate to the Commission that they are supportNe of his request based on several conditions. Mr. Welch, one of the udr~ateo The applicant has the ivy that is planted in that area and he requests that lt be removed as aPP P stated that he would do this aril I~Iant Italian cypress uses on six foot cent~e~a~y 30 treceos planted sixes line between the propery and Mr. Welch's Property. That would be aPP foot centers adjacent to the singia•~fampy homes. Mr. Welch also asked that the chain link on top of the wall be repia~ ~ ~ ~ was to Iirnlt the height tany veh de parked with n 2i 0 feet~his back yard to screening. eight feet high. This is simper to the raga rdests~of~ a s~omeonegco~d simply hop from the top of that vehide was parked adjacent to their props vehide Into their yards and the applicant has agreed with that provision. Mr. Elfend provided t+~e addtional wtftten material to the Commission. Chaimran Pro Tempore Masse interjected that this was an awful lot ~~ reading he was giving to Commission, to which Mr. Efiend responded that he was summarizing h for them and making lt easy for Commission. He continued in addition to those ~8 ~~BC~tNafy and there areg oeu~r other itemse thaghave bees ~ greed to. ~O~ne (s regarding the continuance ry security of outdoor storage, and lt has been agreed to install and operate a 'slate of the art' laser m security system in the outskie vehide storage area. That outside ale n wpl not be audible in case someone was concerned that an alanr would go off at three in the m minreg`imately along that first I n of r fence would be provided which woulci ;;eparete the outdoor storage app parking as he had indicated on the achiblt. He has agreed to plant uses either as set forth in the stmt report, although he may urge Italian~C!/press and he wants to Put rtments, and resklent parki g areasfor Commission, along the sin le Tamil homes. Adjacent to the spa 08/21/95 Page 26 August 21, 1995 SUMMARY/ACTION AGENDA, ANAHEIM CITY PUINNING COMMISSIION the apartments, there would be approximately 15 trees along that area as well, which is what staff has recommended. He has increased the trees on the other side for the single family area. ir~mYai, Menance, outdoor storage would be limited to parking of vehides and they would prohibit any reps etc. as set forth in his letter. These are the application's recommendations after spending some time out in the community and he has attempted to address the concerns whidi w~o~Pin~lY ~ ~~ in this type on interface to make sure Ifne of sight is broken by the proposed Based on the foregoing and recognlz(ng that this facility dkl operate 24 hours a day, Mr. Eifend stated they would request that Conditlon No.1 of the staff report be deleted. And they request the Commission add the language proposed by the applicant as set forth in his letter of 8/18/95 as a new condition as set forth by the City Attorney or staff, whatever would be the case, to provide the appropriate language. Mr. Effend referred to Condftion No. 6 regarding the transmission pde. He showed the Commission and staff & photo showing the property from Katella and pointed out that the trees do a very good job of blocking any signage that would be placed on that side of Katella. There is an existing transmission pole and it is not clear to him ff that signage is in accordance with code. They wish to place signage on the building and he has presented two letters ftom neighbors stating that they are not in opposition to their proposed slgnage. He believes that the signage wilt not be offensNe taking into consideration the other signage on Katella Avenue. They would prefer nThe request that those conditions be deleted ar~d at new would be an additional burden on the property. Y ~ rove the project as set forth. Thank condftion be created as outlined in Mr. Abemethy's letter, and app you. Chairwoman Mayer asked ff there was anyone else who wanted to speak. Commissioner Masse asked Mr. Elfend about the letter of 8/18/95 - He asked ff the "separately fenced on the~lan.~MtrpMesse thenba ked ff that~was somethingatheCommission just received today and Mr• ff is Pl Elfend answered yes'. Greg Hastings, Zoning Manager, saki that since the outdoor storage area had been expanded, they will need to have a parking waiver based on the square footage of the building and the requirement for outdoor storage area there. Not knowing what the square footage of that is exactly and the fact that the parking spaces that were initially shown on the plan for parking will nowr~ usb the Commisshone will be a different ratio which most likely will require a parking waiver to be app Mr. Elfend apologized for providing that information to Commission at t`..e last m!nute, and added that really wcsn't hlsthee would be bleu work within those constraints insthead of having t ohave asw~afver. needed, maybe y Mr. Hastings said it appears there would be 87 parictng spaces required based on the size of the building, Plus, based on the information they have on the outdoor area right now, approximately an additional 10 spaces for a total of 97 spaces would be required. If that's not appropriate, then a parking study showir, why that wouldn't be required would be necessary. Mr. Effend said there are 104 spaces on the property currently, and approximately 70 spaces will be used for the outdoor storage area so there would be 34 parking spaces. 08/21/95 Page 27 SUMMARY/ACTION AGENDA, ANAI•IEIM CITY PlJ4NNING COMMISSIION August 21, 1995 Mc Hastlngs stated that ff there are 34 spaces le~4t avanablo, and appro~dmately 97 are required, staff would request that there be a parking study, in a form a{~zaved by the Traffic Engineer, to allow for that waNer. That would have to be advertised as a waiver and is just a procedural matter. Mr. Effend stated he did not quite understand and Mr. Hastings stated 87 spaces would be required for the binding and Mr. Effend darmed that the indoor sell storage use itself requires 87 spaces. THE PUBLJC HEARING WAS CLOSED. Chaim~n Pro Tempore Masse said that it word appear that this would have to be readvertised. Commissioner fenningar said that perhaps Commission should give a little guklance to staff whether or not they want to see an analysis of the area with ~ ~ d~ a orarove R as is today ~ ff ~~ in the outdoor storage, then there is pletriy of parks g Y PP Commission thinks the outdoor storage is a reasonable use here, then they should continue the case and ask for plans to be brought back that more fully detan that proposal. Chaimran Pro Tempore Masse said that he feels that this building has been used with outside parking for years and as long as approval is conditioned on what the applicant says, and storage is restricted to boats, RV's, cars, vans, etc., then he would have no problem with iG Commissioner Bristd felt they sshould add something in there about no maintenance and no storage containers, pallets or things of that type, so they don't end up with the type of problem Commission had earlier today. He added he does not have a problem with outside storage. Obviously, ff the neighbors are nsking for a 20-foot dearance, they wars some type of roadway perimeter which would keep the vehides away ftom being backed up against the fences. He thought ff they can design it and create that type cf sftuation, that is reasonable. Commissioner Masse stated the average RV is about 12 feet tall and so there is some visibnlty there. Commissioner Henninger saki he would like to see some of the proposals that have been discussed in terms of Iandscapiny more fully developed onto the plan. He understands that there is an existing block wall and asked ff that was at both the single family and multi-family area and it has a ~~ainlink on the top of it all the way around. He asked about a proposal for a second fence. Mr. Abernethy sak! that there Is a proposal to fence in the parking that (s long-tens parking ftom the area that is used to par!c for 15-20 minutes ff you are going inskie. Commissioner Henninger carrtinued, so there would be some fence added in additlan to what is out there. and sort of terminate into that fence. Mr. Abernethy saki ttiat is irrtemal in the property. themaser soystemrthat requiredaperlmeterl in~skle thee fence?~Hedasked how much of areperimeterisperete required? o8/2t /s5 Page 28 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSIION August 21, 1995 Discussia~ L+n the laser system conducted that h had to be a wide enough area so that people walking tr that area where they weren't supposed to be could be detected. Commissioner Bristd asked Mr. Abernethy ff the fencing that would gu around the storage area would be six f,~t or would R be higher for line of sigh, say frarr the apartments ~ ~~ north. He explained he would Igoe to know the helgM of the Interior fencing that wqi go around the outdoor storage area. Mr, Abernethy responded ff Commission would permit k, he would bugd h 8 feet high. Commissioner Bristol continued that the north and east fence right now !Doke to be pretty tali. Mr. Abernethy said h was 8 feet. Commfsskxier Bristd asked ff they are going to take that fence down? Mr. Abernethy saki they originally Proposed to leave the wall there except in the process of trying to communicate wfth his neighbors and ask them what he could do in onier to gain their axoptance and blessing of this project, Mr. Welch has asked that the two feet of ctnainlink fence betaken off his Property and 3 courses of block added to that wall. He has agreed with him that ff the City would perrnft him to do that to the existing block wall, he would do K; and ff the City wanted him to do that for all the single family resklences, he would do the same thing for all the reskiences. Chairman Pro Tempore Mes3e saki that would require another waiver. Greg Hastings added staff would recommend that that be an advertised waver also. In addivon, Mr. Abernethy may wish to check with the Bugding Division. Typically when a sbc-foot block wail fs bugt, the ' foundation wql not hdd anything higher than that. Mr. Abernethy saki he dki what he could to try to determine whether the cells were fully grouted and whether there was rebar in h or not, and he is not sure, acct wql have to do further research to find out. Commissioner Boydstun stated a lot of places are putdng in a taller wrought Iron fence where the blocti wall wql not hdd mare weight. Mr. Abernethy saki he thought she was referring to tubular steel and that he would be glad to do that too ff Commission wished. Staff recommended a four week continuance to analyze and advertise the waivers above mentioned. Commissioner Henninger moved to continue this Kam for four weeks to the meeting of 9/18/95.. Motion was seconded and passed. ACTfON: Continued subject request to the September 18,1995 Planning Commission meeting for roadvertising to allow for conskleration of waivers pertaining to minimum number of parking spaces and maximum fence height. VOTE: 7-0 08/21/95 Page 29 ^ SUMMARY/ACTION AGENDA, ANAHEIM CTiY PLANNING COMMISSIION August 21, 1995 6a. CONDITIONAL USE PERMIT NO. 1234 (ReadveRi3ed) OWNER: ROYSON A. PARSONS TRUST, 1958 Port Camay Place, Newport Beach, CA 92660 AGENT: CHUCK EMANUELLE, 392 W. Cerritos Ave., Bldg. 7, Anaheim, CA 9280 LOCATION: ~,QQ,~outh Claudine place. Property is approximately 1.58 acres located at the noRhem terminus of gaudina Place appmodmately 400 feet north of the centerline of Ball Road. Petittilaner requests modiflr~ttion to an existing condhlonal use permit in order to pemtft automotNe repair training in conjunction with a previously-approved te~~riical schod. CONDITIONAL USE PERMIT RESOLUYION N0. Continued to September 18, 1995 FOLLOWING IS A SUMMARY OF THE PLO 'riING COMMISSION ACTION. OPP05Ti10N: None AC'f10N: Continued subject proposal to the September 18, 1995 Planning Commission meeting in order to advertise a Negative Declaration in conjunction with subject request VOTE: 7-0 08/21/95 Page 30 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSIION August 21,1995 7a CEOA NEr.nTrvE nFr_r_sRATION (Previously APP~~) 7b. ~ONDfT10NAL USE PERMIT N0.3541 (Readvartlsed) OWNER: ANAHEIM REDEVELOPMENT AGENCY, Attn: Rob Zur Schmkad~, 201 South Anaheim Boulevard, Anaheim, Ca 92805 LOCATION: 195 West Harbor P,~ Property is apPro~dmately 0.2 acre located at the n,~rtheast comer of Harbor Place and Lemon Street. Petitloner requests moditicatlon of a condition of aPP~ Pertaining to the time limitation of a previouslY~aPproved outdoor dining area in conjunction with apreviously-approved restaurant with on'premise sale and cccrsumpUon of alcohdic beverages. COWDITIONAi. USE PERMIT RESOLUTION N0. PC95-98 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Approved Approved amendment to candkior~s of aPP~ (To expire 9~J-2000) Christine Long, Redevelopment Agency, explained they were requesting an eoctenslon of time for outdoor dining. The previous approval was for another restaurant which is no longer in business at that location. There is now a new tenart and that tenant has requested the use of the outdoor dining area and the extension of time is for the new tenant THE PUBLIC HEARING WAS CLOSED. Commissioner Henninger asked iF generally any restaurant anywhere in the City had a change of ownership, the Commission would probably extend K for a year and then extend tt for two or three years. Heasked tf there is some reason to go r(ght away to five? Ms. Long replied that the five years was requested because that is the tens of the lease. The restaurant is a new operator but the ownership remains the same. Anaheim Redevelopment Agency owns the property in Its master lease to Kdl Anaheim Associates who subleases it to this particular operator. In response to Commissioner's Henninger's questbn, she said the last extension was for 2 Years and she was not at that meeting. Greg Hastings, Zoning Manager, added that one of the reasons could have been the concern of the outdoor use witty al~ohd; however, since that time, he though we have come a long way to create conditions that the Pdice Department feels more comfortable wfth. Commissioner Masse stated that the o~ems and Mr Hastingsdagreed ~r ~ ~~ around the city and t.;rre down t seem to be too many p 08/21/95 Page 31 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING f OMMISSIION August 21, 1995 CommLgsioner Henninger asked ff that meant, in general, that they would be giving them flue years in general? Mr. Hastings said that in this particular case, Ms. Long saki the fhse years came from the lease and staff felt con>fortable with that. He felt each case would be looked at independently as to their surroundings, etc. Commissioner Henninger saki he felt this would set a precedent and others would be asking why the Commission allowed this and why not allow h for them. Commissioner Bristd offered the motions and resolution. ACTION: Determined that the previously approved negative declaration is adequate to serve as the required environmental documentation for subject request. Approved a 6-year retroacWe extension of time for Conditional Use Permit No. 3541. Amended Condftion No. 4 of Resdution No. PC92-104 to read as fellows: 4. That subject use is hereby granted for a period of six (8) years, to expire on September 9, 2000. VOTE: 7.0 Selma Mann, Deputy City Attorney, presented the 22 day appeal rights. 08/2i/95 Page 32 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSIION August 21,1995 ~ nEn~ uerATNE DE L9!?oT1ON APP~-~ eb. 1rIANER OF CODE REQUIREMENT Approved ~, nnumm~Ne~ uSE PERMIT N0.3781 Granted OWNER: NEWPORT FEDERAL, Attn: Gray Eider, 4425 Jamboree Road, X250, Newport Beach, CA 92660 LOCATION: ~~ E La Palma Avenue. Property is approximately 2.1 acres landlocked between La Palma Avenue and t'.~~ Riverside (91) Fn3eway, having a maximum width of 2<~ - feet, and a maximum depth of 425 feet located east of 3364 East La Palma Avenue (Concourse Bowling Alley) and acxassed by and south of 33563360 E. La Palma Avenue. To permit aself-storage facility with caretaker's unit with waiver of minimum number of required parking spaces. CONDITIONAL USE PERMIT RESOLUTION N0. PC95-99 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Gary Elder, Newport Federal, 4425 Jamboree Road, Newport Beach, made the fdlowing comments: a. there was one minor problem that was a mis-communication when they submitted their appiicatlon regarding minimum parking spaces, which was about twenty b after looking at what the future holds in that area, they needed to provide parking, so they redesigned the while building and made it one big budding Instead of a bunch of little out buildings with a bunch of little doors c. they hope this budding somewhere down the road will become useful for other than self storage a. they are landlocked there and hope eventually maybe Grove Street will come through but they are not looking to the county for that e. they have actually put in the required number of parking spaces for the budding there, as required f. they have recalculated K and it is over ninety spacers so they are probably doser to the ninety- flve that is required for the size of the building g. the building itself would only be a single story, 50,000 SF budding, or 30,000 plus and to meet the ~ equirernents for a rated establishment later on, acx:ording to what the new zoning is going to btu in that area, they'll let 50,000 rated and we have 60,000 non-rated, so are just trying to fit somettiing in there now and make it look good and what the needs are in the future with this budding 08/21/95 Page 33 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSIION August 21, 1f~95 h. the parking spac•,es are actually on the northern part of the property, the thirty spaces actually wql be outdoor storage for vehides, no materials i. the gate was left off the drawing and that's in the right hand side and the very north of the property, just ftom the building to the right edge, which is next to parking spaces for the two adjoining pieces of property It is about thirty spacs3s and they are leaving sixty spacx~s to use for parking, even though they don't need that much and only want to use the thirty for outdoor parking j. w(II put in all the weer Ifnes that are required k. are working with the owner of the bowling alley to make sure they meet all of his criteria for what he wants to do there I. wql meet all the requirements except for the fact that they are going to use the north part, ff ft's okay with the city, for outdoor storage of only vehides, no materials, no working on vehides or no materials m. will make the fence so you can't see through it even though It's next to a parkng lot Commissioner Masse asked ff those thirty spots would be for RV storage also? Mc Elder saki K would be for vehide types arxJ that they hoped they don't get that many, but they would take them ff they came in. He pointed out the location for the outdoor storage on the exhibit. THE PUBLIC HEARING WAS CLOSED. Greg Hastings, Zoning Manager, stated that this is all new to him and he is trying to think of the issues that might come up. He did ask the traffic engineer and ho is not concerned about the number of parking spaces being reduced. The existing industrial zoning that is out there now does allow accessory outdoor storage, which he felt could be provided ff completely screened ftom view from any roadway. Secondly, there is pending action by the City Council, and ff this were to go to a different development area v`fiich (s going to be basically more of a commercial zone, then staff may have some concerns about the appropriateness of having outdoor storage in the mkldle of a zone which would change to a more commercial nature. Commissioner Masse saki he doesn't have a problem with the thirty spaces going to RV storage. Commissioner Henninger asked ff the Commission would be permirt(ng this for five years and pointed out ff at that time, they have determined that outdoor storage is not appropriate, they could continue with Indoor storage and discontinue the outdoor storage? Mr. Hastings said that was correct. Commissioner Masse offered motions and resolutions. Mr. Hastings added that staff would like to have Condition No. 9 reworded that the slgnage shall conform to the code provisions applicable at the time that the sign permit is pulled since there could be some changes with the pending specific plan. Commissioner Henninger said a condition needed to be added regarding the screening of outdoor storage. Mr. Hastings agreed that would be a good idea. Currently in this zone there are provisions, but those may go away since there will no longer be outdoor storage as a permitted use. Staif would recommend oa/2i/95 Pag© 34 August 21, 1995 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSIION f ' l_ a condition that re~ui,ro ~ R erside FreewaYeand any visit~le arterial high~way~s.m dl adjacent properties as wel Commissioner Messe added that a condition requiring screening should be added. Commissioner Henninger noted the condition should say that this is Purely vehide storage. Mr. Hastings saki there is a typo on Condftbn No. 10 arrc should read that the abandoned, wood- framed sign structure shall be removed rather than moved. On Corrdftbrr No.~x should read: the conditions required to be complied with prior to the issuance of a buiding pe Condition Nos. 3, 8, 10, it, and 12. Condition No. 16, having to do with conditions required to be complied wlth prior to final inspections should read: Condition Nos. 2 and 14, and that we would require the outdoor storage screenfng to take place also under Condition No. 16. Commissioner Messe offered the resdution and motion for approval. ACTION: Approved hlegaWe Declaration Approve Waiver of Code Reyulrement Granted Conditional Use Permit No. 3781 with the fellowing changes to conditions: Deleted Condition No. i Amended Condition Nos. 9, 10, 15 and t6 to read as fellows: g. That the slgnage shall conform to the Code provisions appiScable at the time the sign permit is issued. 10. That the existing abandoned wood~l ~ removes lure located at the extreme southwest comer of the property 15. That prior to the issuance of a building permit, or within a period of one (1) Year ftom the date of this resolution, whichever occurs first, Condition Nos. 3, 8, 10, 11 and 12, above-mentioned, shall be complied with. Extensions for further time to complete saki conditions may be grartied ~^ accordance with Section 18,03,090 of the Anaheim Municipal Code. 16. That prior to final building and zoning Inspections, Condition Nos. 2 and 14, above-mentioned, shall be complied with. Added the follawing new Condition: That prior to final buUding aril zoning inspect~'8S ashwell~as~omthe RiversideFreeway completely screened from all adjacent props and any visible arterial highways. VOTE: 7-0 Selma Mann, Deputy City Attorney, presented the 22~iay appeal rights. 08/21/95 Page 35 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSIION August 21, 1995 9a. GEQs NEGA DECLARATION 9b. WANER OF CODE REDUIRE ENT 9c. ^ONDITIONAL USE PERMIT N0.3782 OWNER: U.S. INVESTMENTS, LTD., Attn: Ken Campbell, 5500 Interstate N. Parkway. Ste. 220, Atlanta, Georgia 30328 LOCATION: +~ N_ tc.~emer Place. Property Is apprcodmately 1.8 acres located on the east skis of Kraemer Place and apprrndmately 770 feet south of the centerline of La Palma Avenue. To permR an automobile sales facility of used cars wfth waNer of (a) minimum required landscaping, (b) ma~dmum sign area and (c) mini,;,um irumber of required parking spaces. CANDITIONAL USE PERMIT RESOLUTION N0. _ PC95.100 Approved Approved, in part Granted, in part FOLLOWING 1S A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: 1 person spoke Tony Baumgartner, represer>tatNe of the Auto Plaza of Anaheim, 1000 Kraemer Place, thanked the members of the staff and stated the staff is certainly very cooperatNe wind were able to answer all their questions and in particular, he wished to thank Ms. Cheryl Flores for her patience with the questions. Mr. Baumgartner saki that the proposed use of the building and land Is for a new type of automobile agency. Over the past 5 to 7 years the automobile manufacturers have moved in the direction of short- tenn leasing of new cars. Over the past 12 to 24 months this has created an over-abundance of cars that are scheduled for redistribution. They are cars that are 2 to 4 years dd and are not the so-called 'used cars' that people are familiar wRh such as on Anaheim Boulevard or some of the smaller used car operations. It is intended to remarket these automobiles. These are late model automobiles and this facility will take on the appearance and function of a new car agency He hoped the Commission LS familiar with this building by the pictures he has provided; that the building was used by Goodyear and Mark C. Bloom as regional headquarters and i< has a very good appearance with good visibility on the 91 fteeway dose to thb 57 freeway. They intend to, hopefully, meet with a lot of success and make this the first of many such, what they call or refer to as 'mega used car stores.' The millions of cars that are coming off the short term leases have to be remarketed and they are going to be remarketed to munidpalities, other government agencies, and also to the private sector. We have a cooperation with the credit system in Southern California and they will be marketed to hundreds of thousands of credit union members. Their biggest suppiler is a comparry whose name is A.I.G., American Insurac,~se Group, and they are the largest underwriter lease resklual insurance in the country, and they underwrite these leases for the major manufacturer's finance companies. 08/21/95 Page 36 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSIION August 21, 1995 Chairwoman Mayer asked ff there was anyone else who wished to speak on this hem. Johnny Eubanks, Lehr Associates, commercial real estate, stated he repr9sents the owner just to the north of subject property, the Becher Family Trust. Hr~s~susre~tha'igstaff~ a ~ b~ b~~ s sure Property he represents is a lease Investment property that staff is also aware of the median that was just install con ~ ~ma jus~ in front of Kraemer Place, which would be the ingress and egress for the property He is not prepared at all because he was just today made aware of this hearing. The owner, Fred Sather, INes in Northern Calffomia and he was unable to attend this uei nor•~ ~ this property are very record that the leasing brokers and the owner of the leased property j concerned about this type of use. Mark Hepp, arohitect for the Auto Plaza of Anaheim, sak! he would like to answer any questions that Commission might have regarding the structure and site. The building will be entirely repainted and it will be done In a first lass manner The landscaping will be redone; and the electrical system will be redone. This building has set vaunt for a number of years and Part of the electrical system had been ripped out and/or stolen. So this will all be completely replaced. !n talking with Mrs- Fl Iares,o~l the lighting will be directed away from adjacent sites as much as possible to prelude arty g other sites. The parking is currently 10-foot stalls and they ~~n be reduced in size and that will increase the parking by re-striping the entire site. Greg Hastings, Zoning Manager, wanted to darffy one poirrl: in theme ffsepo~, ~~a~ei ~8 ~heh55 of minimum number of parking spaceH tmhNemr/eearthe Traffic Engineerr did not have a problem wfth that. the 94 are being used for display. THE Pi1BUC HEARING WAS CLOSEV. Commissioner Messe asked those representing the adjacenrt property owners what their concerns were. Mr. Eubanks said he was sure there was no secret about the softness in the real estat~eforthis meetting. have been dealing with for about 6 years. He apdogized again for not being p pa One of his concerns is the traffic that will be created on Kraemer Place which is not an arterial street, but is basically an interior street off La Palma. Again, the median that was just built on~e~ r Pia ei•h runs east and west, at the intersection of Kraemer Boulevard and runs to the west past prohibits 'U' turns. He knows from visiting that property himself to show available space for lease, the dffflculty getting into Kraemer Place. He felt this is going to create a negatNe Impact on the use that they are considering. He dkf not see the use being considered in front of the Commission right now as being conducNe or applicable wfth the light industrial businesses that are there in the area. Commissioner Masse asked ff the Traffic Engineer shares rany of the concerns regarding circulation. Alfred Yalda, Traffic Engineer's Office, saki those improvements on La Palma were an overall part of the critical intersections citywide and they are improving arxf enhancing that arAa. Left fume have been prohibited but there are sitemaWes to get to that site; therefore, he dkl ndt see any problem with what was presented. os/21 /95 Page 37 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSIIGN August 21,1995 Conceming'No "U' TURNS', he stated K was not safe for anyone to make a'U' tum at that location. Commissioner Masse asked where a westbound person would make a tum. Mr. Yalda saki the next Intersection would be available for him to make a left or'U' tum, or go up to any one of the altemaUve streets and go down to La Palma. He added he did not have a map in ftoM of him, but he thought there was Armando Street, and Red Gum which is signalized. Commissioner Masse asked N you could tum left into Amrando going west and Mr. Yalda saki he believed so. Mr. Baumgartner stated he believed that Kraemer Place because of some of the vacancies that have been over the last couple of years has actually suffered. Their proposed use is going to bring about 18 million ddtars a year in taxable revenue to the city. They also have corxrems over the traffic Improvements that have been done, but they spent some time with Mr. Yaida and worked out an alternate route or alternate 'U' turn over Armando Street and K seems to be fine. Commissioner Henninger saki that ftom the once or twice that he has been over on Kraemer Place, it always seemed to have very congested parking. He thought all these businesses up the street do not have adequate parking. He would Ilke to see that there is a requirement for these 35 spacres to actually be kept for parking. He is familiar with a number of places where there have been car uses and when they have more cars than they can handle, they end up s@cking them in the customer parking acrd then there's not adequate parking on-site. He though that could betaken care of by 3 condition and then Code Enforcement could handle h from there. Greg Hastings asked to correct Condtion Nos. 14 and 15, both having to do wfth Uming of the conditions. No. 14 should read 'that prior to the commencement of the activity authorized by the resdution or prior to the Issuance of a building permit, or within a period of one year from the date of this resolution, whichever occurs first -Condition Nos. 5, 6, 7, 8, 9, and 12, above mentioned, should be complied with'. No. 15 should read that 'prior to the commencement of the activity authorized by this resdution or ftnal building inspection, whichever occurs first, Condition Nos. 11 and 13, above mentioned, shall be complied with'. ACT10N: Approved Negative Declaration Approved Waiver of Code Requirement, in part. Waiver (c) was approved and waivers (a) and (b) were denied on the bests that they were deleted prior to public notification. Granted Conditlonal Use Permit No. 3782, in part, with the fdlowing changes to conditions: Amended Condition Nos. 14 end 15 to read as fellows: 14. That prier to the commencement of the activity authorizec'i by this resol~Rion, or prior tc the Issuance of a building pennk, or within a period of one (1) year ftom the date of this resolution, whichever occurs first, Condition Nos. 5, 6, '/, 8, 5 and 12 above-mentioned, shall be complied with. 08/21,/95 Page 38 U f SUMMARY/ACTION AGENDA, ANAHEIM GTY PLANNING COMMISSIION August 21, 1995 iei. That prior to the commencement of the activfty authorized by this resolution, or prior to final building inspection, whichever occurs first, Condition Nos. 11 and 13, above-mentioned, shall be compBed with. Added the following new condition: That a minimum of thirty flue (35) customer/employee parking spaces shall be provided at ail times. VOTE: 7-0 Selma Mann, Deputy City Attorney, presented the ?2 day aPP~ d9~• Chairwoman Mayer declared a flue minute break. OF3/21 /95 Page 39 SUMMARY/ACTION AGENDA, ANAHEIM CRY PLANNING COMMISSIION August 21, 1995 10a. G~EOA NEGATNE DECLARATION 10b. WAVER OF CODE REOUiREMENT 10C. s,OND OVAL USE PERMR N0.2147 (ReadvertLsed) Approved Approves Approved amendment (to expire 8-21-96) OWNER: MOBIL OIL CORPORATION, C/0 SUNDOR BRANDS, lNC., Attn: John Devine, 1230 N. Tustin Avenue, Anaheim, CA 92807 LOCATION: 1477 N. Jefferson Street Property is approximately 7.70 acres, having a fror-tage of approomately 313'.w^t on the west skis of Jefferson Street, having a maximum depth of approximately 840 feet and being located approximately 360 feet south of the centerline of Orangethorpe Avenue. To pennft the expansion of an eocissting fuel terminal to add a trailer truck staging and storage arm induding one modular office buUding with waiver of required improvement of parking areas. CONDITIONAL USE PERMIT RESOLUTION N0. PC95-101 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION i~CTION. OPPOSITION: None Chairwoman Mayer asked if anyone was here to speak for the applicant and Charyl Flores, Associate Planner, stated that she called the applicant and was Informed that someone was supposed to be here and they could not explain why they weren't present. Commissioner Messe asked k ~~hare were any pwbiems with this and if not, iF staff thinks they are comfortable with this, then the Commission could move on this item. Greg Hastings, Zoning Manager, stated that staff felt comfortable with this request and the conditions that they are recommending would be the same as are in tho repoR. ACTION: Approved Negative Declaration Approved Waiver of Code Requirement Approved Conditional Use Perms No. 2147, as readvertioed, for a period of one year to expire on August 21, 1996. VOTE: 7-0 Selma Mann, Deputy City AtYOrreey, presented U`-e 22-day appeal rights. 08/21/95 Page 40 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSIION August 21, 1995 ,11a ~enw uere'rrVE DEGL9psT10N ~11b. Sa~~Eae a eN AMENDMENT N0.338 .,..~.~ ~.+ e~%nwt•nee rANYON SPECIFIC PLAN (SP88~1 11C. ~ -~-~~ •rewrr ueo un 15?23 end 11d. ~- - - - - _- f INAL SITE PLAN . OWNER: BANK of AMERICA PROPERTIES, INC., 333 South Hope Street, 21st Floor, Los Angeles, CA 90071 AGENT: HORST SCHOR, 746 N. Lemon Street, Anaheim, CA 92805 LOCATION: De~~elooment Ares 5 within The Svcamore Csnvon .,.Wtn~ Dlerr (SP8&1L Property fs apPrrndmately 4.2 - _-- - - acres located on the northeast comer of WeU Canyon Road and Canyon Vtsta Drive. The petitioner requests approval of the General Plan Amendment No. 338 (to amend the Larrd Use Element of the General Plan to redesignate subject property from General Commercial Iand uses to HUlskle Medium Density Resider±tial land uses). Amendment to The Sycamore Canyon Specific Plan ~SP88-1)(to amend Exhibft No. 12 to redesignate Development Area 5 from commercial land uses to single- famgy resklential land uses and to amend the Development Area 5 Zoning and Development Standards to pennft detached single-famgy dwelling units). TerrtaWe Tract Map No. 15223 (to establish a 4.2 acre, 25-lot single-famgy detached subdivision induding 24 resklential lots and one lettered lot). LUT10N N0. PC95.102 GENERAL PLAN AMENDMENT RESO SPECIFIC PLAN AMENDMENT RESOLUTION N0. _~Sc$5-103 FOLf..OWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None APPS Recommended approval to Cav counai Approved Withdrawn Horst Schor, 746 N. Lemon Street, Anaheim, saki he represents Bank of America, the owners of the property in question. They acquired this property from Woodcrast two years ago at which time tiiey embarked on a study as to how to best utgize thla property and their study has led them~taoubeli he that commercial La not the proper use. They have explored reskfential use of the property property itself projects into a resklential area and they felt that this was a much more suitable land use and density. 08/21/95 Page 41 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSIION August 21, 1995 Mr. Schur stated after interviewing some twenty developers and bu9dars, they settled on Traditional Homes as having the best plan, and that being 24 singiedamgy detached homes, that would blend in wRh the neighborhood. He dkf contact the Sycamore Canyon Homeowners Assxiation and worked with them to determine what would be compatible in their opinkrn, as to the land use and density. They felt that resklentlal was the right way to go. Other developers suggested htgh density and as high as 3 stories and 20 units to the ecre, and when Tradition presorted their plan for these 24 single-famBy detached homes that were compatiblo wfth all the detached housing in the area, both they and the Sycamore Canyon Homeowners Association Board of Directors and members were pleased and they support this proposal. Thsy have so indksited in a letter to the City. Bob Mickelson, 121 W. Rose, Orange, CA, stated he is a land planning consultant working for Tradition Homes. They do build a very high quality product. As Mr. Schur indicated, before submitting an application to the City they had s ~ ~~~ e~n9~witHB me Yr><Ionedrthe~irnleytterHo the Gi-BlndicaUngttheir and they have enthusiastic suppo '° ^'~+j ' support He stated the land will be developed in the manner that is indicated on the plans. They have reviewed the elevation drawings and renderings aril assured them that the project will not only be compatible wfth them in temu of size and density, but also in quality of developmert, which w81 either meet or exceed the quality of the surrounding area It is on that basis that they are supportive. Mr. Mickelson stated he believes that there are only three minor issues, two very minor and one tF~ey hope minor enough that it can be resolved today. They submitted an amendment to the Specific Plan which was almost copied out of the Specfic Plan document, to change this from a commercial to a _ residential area The lot standards, setbacks, etc• are M the same fashion that they are in the Specffic Plan for the ~ tolhave ai18-foot d pldrivdeway rather thar- the nom~al 20~aetabecaute of he size and lots be allow shape of the parcel there are some constraints on it Staff has recommended in their staff report that th>:i be limited to lots 1, 5 and 6 on page 8, Item 18, and they concur with that They can withdraw the 2096 or amend the Specific Plan Amendment thathat can have proposed to allow only throe lots in the project to have that 1&foot driveway, so maybe be anon-issue. The second ftern is that staff irxli~ted that there is some detaU lacking on the elevation drawings, the floor plans, etc, and even to a small degree, perhaps the landscape plan calling out colors, rnaterlais, things like that. On that basis they would withdraw the request for the ftnal site plan and resubmit i< at a later date. Staff is recommending a continuance and that's acceptable too. The p~'oblem with the continuance is that they are then faced with a date certain that they have to meet, and they think Ural the appropriate step for them to be comfortable with and do this in a proper manner, is to let this go befs~re the City Councb, which it must do with the General Plan Amendment zone change. Then we would prepare those detaAed plans and submit them back to you. Also, in keeping with our practice here, we would ftrst submft them to the neighboring homeovmers association for their Input The third issue Is whether they are going to allow a left tun access into the project They listened :~ a bit of the discussion in the moming session and would have to say that, initially, they were not aware of the concern, at lea t to the degree that Mr. Yalda has presented and Nt was for reasons of their own that 08/21/95 Page 42 August 21, 1995 SUMMARY/ACTION AGENDA, ANAHEIM CiTY PLANNING ~MMISSIION they agonized over whether the teft~um pocket should be done or not. Obviously, it enhanced the project to a great degree, not only for sales but for long tenn~' i~irde~ 9~ IMo~the p~ro~~ even reasons for proposing tt are many. Without the left tum poc you're going eastbound or south-bound on Weir Canyon, you must go ail the way to Running Springs Road a half mpe away to make a 'U' tum across the same three lanes~t~ tae wing ~d~ an intersection where you have, in addition to on-coming traffic, the pole Running Springs Road and wanting to make a right tum onto the street. They feat that with the distance of 700 plus feet ftom the intersection, spaced almost squat distance to the left tum in pocket only at Park Glen just up the street, they would design it in the same fashion. It would allow left in only and i< would prohibit left out because there would be a raised pocket that they wculd get into that you could onlWeike oue would merely have to golthe 700 plus feet doom to~signalized ir9ersectlon and make a .Y 'U' tum there. they found that Weir Carryon Road, Some other considerations in reviewing the data that was avaUable, whUe initially projected to carry heavy vdumes of treffic, because of recorffiguring son ~. of the streets in the area and because of the advent of the Eastern Corridor, is now Projected at some ten thousand cars a day in post 2010• Sothis is going to be a very low vdume three-lane arterial. On the bass of those considerations, they feel the left turn pocket is not only as safe or safer than making a 'U' turn at Running Springs Road, they feel that ft is appropriate and ft wpl work well and function just as the one does at Park Glen. Mr. Nickelson preserved pictures and indicated that they had been reviewed b ke ewour id be, soft at nt. He pointed out several items on the pictures, as well as where tphe left turn pot nett the lower Commission could seethe 'long sight' ketsin ~ IenQwhirh is just some 700 feet u~p "•~he street, almost picture shows the existing left turn pot a mirror image, left turn in only. Thsre anrere some c;onsideretions, ffthey could take access off Canyon View and change the while coMiguretion of the project. They dkl look at that and discovered that In order to meet the ou~d have to safe and navigable street there, tt would change the project very substarvially, in fact, they drop ekher 3 or 4 unfts and as Mr. Schor indicated this project is probably the lowest intensity that anyone has submitted. We feel ff we had to go back to that kind of a design they would have to irvensffy the project and not meet the favor of the neighbors. In addition, Carryon view is very steep and he thinks K is approAChing 10 per cent, and the project site itself is already graded and sits well above the intersection, It doesn't daylight, ff you wpi, until You get right to the very comer of the project. so it would require efther some grading changes or quite a dffferent configuration. We think that it works well the way K is. Mr. Nickelson corrtlnued that they are also concerned about safety and In that Ilght, they hired Weston- Pringle and As,,,oclates to take a look at the sight distance and analyzed both ftom the plans and from field visits, the sight dlstarce of that left turn pocket would be between 55 and 60 miles an hour. They feel with that and the low traffic vdumes projecto d ague that theeftgumdpocket is warrantedn, and with the overall traffic pattern in the area, they THE PUBi1C HEARING WAS CLOSED. 08/21/95 Page 43 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSIION August 21,1995 Karen Dudley, Associate Planner, stated that the Planning Department does request that Commission defer action on this as staff does have some cortections to the conditions of approval and some additions as well. Beginning on page 14, under the amendment for Sycamore Canyon Specflic Plan, Condition No. 3, aRer the words "branch library' the words fees' shoukf be added. On page 15, under the Tentative Tract, Condtion No. 4, againwere inadver~tently~houti of the~staff report, nd she read the added also seven c~ndfdons of aPP~ fdlowing into the record: That the eighteen foot long drlveways whidt deviate from the twenty foot long minimum requirement shall be limited to lot numbers 1, 5 and 6 only, which rear upon Weir Canyon Road' Alfred Yalda, Traffic Engineering, stated that he wasn't aware of the eighteen foot drNeways, but they have a concern. They have reviewed the length of the driveways for many years. Throughout the city there are some areas that have been built wfth dfireways less than twenty feet, and after the resklents move in, they start having a problem with Code Enforcement because the general length of the car these days is 16' 6' to approximately 18'. With an eighteer, foot driveway, that means generally when a person parks there in front the garage door, they usually keep about 2 or 3 feet away from a rdl-up garage door, and ff there is a tilt-up garage door, they keep away approximately between 31 /2 to 5 feet. Therefore, they are not recommending eighteen foot driveways because the cars will end up on the sidewalk where many parents and children are walking. Mr. Yalda continued that that is the number one cancem and Traffic Engineering recommends that the Planning Commission approve only twenty feet with a rdl-up garage door, or 25 feet with atilt-up garage door. He thought that part of the missing conditions induded that condition which was not in the staff report. Mr. Yalda stated they have a major concern regarding opening a left turn pocket on Weir Canyon Road. Opening any type of left turn to this site would create Ilabgity and safety greatly for the City. They would strongly recommend that the Commission deny that Just for the reason of the safety. He added they recommended to the applicant that a 'right in only' could be accomplished on Canyon Vista. It doesn't need to be 28 feet, and it could be designed as such to maybe 10 to 12 feet wide. If there is a concern for the people going all the way southerly on Weir Canyon Road and making a'U' turn at the intersection, they could Provide them with that 'right in only drh-e. As far as addressing that these people are going to go down to the Intersection and ma'e a~U'~i g' ~t ~mepone owt~io isthe intersections. If you have an lrrtersection, that's what peopl ,Landing in the lest turn pocket may make a 'U' turn or may make a left turn. But they do not expect that on Weir Canyon Road, which is a major arterial. He darlfled that there may or may Trot be ten thousand cars, but assuming our traffic monitor indicates ten thousand cars in twenty four hours, but that is taking into consideration that the Eastern Transportation Corridor is built and thei ~~ this time is arterials are built there. Still, ff there are ten ttwusand cars, the average posted speed 40 urges an hour. According to data that they havo, there aro several cars out of 100 cars that are driving above 46 urges per hour, and that is a maJor concern that creates conflict and liability for the city. Karen Dudley continued and indicated that Commission should strike the previously read condition regarding the eighteen foot long driveways. Commissioners Henninger and Masse suggested that K be left in and that it could be taken out later. 08/21/95 Page 44 SUMMARY/ACTION AGENDA, ANAHEIM CITY Pl1WNIN~ COMMISSIION August 21,1995 Karen Dudley read the fdlowing conditions, into the record: 'That the legal property owner shall famish a Subdivision Agreement, in a form approved by the City Attorney, to the City of Anaheim agreeing to~e~ IS te~~ bl~ g~ ~ ~lu~ bmltted to conditions of the map at the legal property and approved by the City of Anaheim and shall then be recorded concurrently with the final tract ~P• That prbr to final tract map approval, a maintenance covenant shall be submf8ed to the Subdivision Section and approved by the City Attorney's Office. The covenant shall irrdude provialons for maintenance of private fac8lties and a maintenance exhibit The covenant shall be recorded concurrently with the final map. That the sewer serving this tract shall be prvately maintained. That all drainage Improvements wftfrin this tract shall be privately malrrtained. That the slopes adjacent to Weir Canyon Road and Canyon Vista Drive shall be reserved as an easement to the Homeowner's Association for slope maintenance purposes. That prior to final tract map approval, street Improvement plans shall be submined to the Public Works Department, Development Services Division to modify the median island at the project entrance as approved by the City Engineer. A bond shall be posted fn an amount approved by the City Engineer and a form approved by the City Attorney. That the private street shall be maintained at thirty six (36) feet curb to curb in order to allow for twenty (20) foot long drNeways' Commissioner Henninger stated that pefiaps the applicant should have an opportunity to comment on the added conditons, other than the driveways or right in/right out cxsnditions. Bob Mickelson saki that they find these conditions all acceptable. They have made their pftch on the setbacks and on the left turn and in the even the Commission accepts their argument and feels ft is appropriate, there was a condition consklered at one t~ma that they be responsible for preparing the plans, etc. for the change in tho median and that Is a no:mai and acceptable condftion. Commissioner Henninger asked if they are proposing rdl-up garage doors? Mr. M(ckelson saki yes. Commissioner Messe asked how wklg 1.h9 street was in ftortt of these houses and Mr. Mkkeison saki ft meets the standards for the privat3 street and ft was determined the street was 40 feet curb to curb. f;,ommissione~ Henninger asked if that irrduded a 4-foot sklewalk on either side. Mr. Yalda suggested that maybe if they have a 36-foot wide, curb to curb street, they could use that two feet addidonai on each skle to provkie 20 feet driveway. Commissioner Masse asked if that would permit parking and Mr. Yalda saki that is correct and the minimum !hat allows parking on both skies is 18 feet 08/21/95 Page 45 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSIION August 21, 1ff95 Commissioner Meese said they cadd certainly make up the two feet, but he was sure shoo: In front Hof unit number 1 and asked ff the street is forty feet wide there? There was general discussion regarding the street wkfth and parking and ft was agreed that they could make ft 36 feet and ft would work Mc Mkkelson pointed out ft is not 40 feet wkle there because there is no fnxrtage on the northern skis and there fs no sidewalk there. Commissioner Henninger added the Pavement is the name and that he is talking about narrowing the pavement section and Mr. Yalda saki that is correct, from curb to curb they could go to ~6 feet. Commisskxrer Masse saki that gets rid of the 18-foart dri++eways' and Commissioner Henninger added that they would add a condition that they use 36 feet curb to curb. There was general discussion by the Commissbners regarding the median on Wyr Canyon to berms noted that Weir Canyon has been significantly changed from what ft was origtnall proposed essentially Just a loop road between Weir Canyon interchange and Gypsum Canyon Interchange. Also the way the street is designed, ft looks like no one could make a left tom out of the protect, and the left ttraffic model wht h projects ten thonusandUvehides a d post 2010 on thlsMsection cf road. the city's Mr. Yakia saki the ten thousand vehides is based upon the build-out of Weir Canyon Road, Gypsum and also completion of the Eastern Canyon, The Irvine Ranch and the completion of Jamboree Road, ransportation Corridor. Hypothetically, ft is going to remain ten thousand. When there is a wkie street - such ups Weir Canyon Road wfth three lanes in Bch direction, which he thinks ft is ~ n sedrive sees feet and there is a bike lane, as well as the wkier curb cut, people tend to speed. that sdkl median island there, generally, the general public tends to speed more than the posted speed limit. That is their major concern. They have a simper issue in other locations in the city and they have a major, major concern on the fiabpfty issue for that location and they strongly recommend that Commission does not allow any opening there. Commissioner Masse asked ff Mr. Yalda was familiar wfth the left tom pocket that was seen in the photos. Mr. Yalda saki he was not familiar with k, not with that specific location, but that was probably fore to ten years ago. They tendency has changed and that as development comes in, they build and they leave. Then they get calls on a daily basis from people asking to put a traffic signal here, ire unsafe; Install 'keep dear' signs here, ft's unsafe -and those are things that happen after the developers build and leave and the city ends up with the problem. They want to avoki Ltiat problem at the very beginning, and there is no reason to have a left tom pocket. Right down the street, Ralph's Supemrar'Ret came back and wanted to have a left tom pocket and install a traffic signal and were tdd the sarrhe thing, ft is not safe to open arty median Island on Welr Canyon Road. Commissioner Henninger disagreed and stated this is only 24 lots, and ft would be a real cornenience for these homeowners. Irs not the same at all as a median cut for a major shopping center that would require a while n ~tre~ fir9eMdians ~ ~ ~ ~ sddange b ho d~ods not thinks this one going to be general, he suppo that big a problem. os/21 /95 Page 46 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSIION August 21, 1995 Commissioner Masse asked the number of daAy trips. Mr. Yalda saki that the daNy trips generally are about 50 trips for 24 units. The question is not how many cars are making left toms. All you need is one car to get Into an accklent He sakJ he is really txuu:emed about this and they spend hours and hours in their ofNce debating these issues. n is not safe to make a left tom. There could be 20 cars probably during the am/pm peak hour which are coming bads to make a left tom and at the same time there are others coming home. During the peak hour traffic these people want to get to their homes. Commissioner Masse referred to the fiscal analysis. In the past the Commission was told we need commercial >n osier to make the fisk~l and crow we need resklentiai and asked >f someone could explain. Kevin Bass, Associate Planner, stated the consultards are using a model in temrs of the Income potential of the people purchasing the homes and spending that money within the existing general area. Also, they are looking at the over-bullding of commercial in this area, and are not onhy looking at the Sycamore Shapping Center, but also the Festival, Super K-Matt, Price Club and Albertsons over in Yorba lJnda. He responded Commissioner Masse that we over-planned the commercial; and there is no intended commercial in the near future; and there would be small developments which be bringing very m(nimal amounts of tax ddlars. Mr. Bass stated the people who Ih-e here wAl generelly stay wthin the immediate area to buy their cornenk3nce and necesshy type of Items in grocery stores. Ths•efore, they believe that the income potential, espedally with single-fam9y detached being higher than multiple-famAy, and generelly a net loss or break even in lama d property taxes, service calls and such, between commercial and single- fam9y detached residential, they felt this protect would fill in that vokl and would not create a negaWe impact on the city's funds or the Mello-Roos. Commissioner Henninger stated that Judg(ng from their discussion this morning on the pdice service requirements for various areas, it seemed to him that most this police service was generated out of commercial outlets. CQmmissbner Henninger offered the motions and resdutlon for approval. It was noted a new condition should be indt;~ed, 'That the developer bear the ~ of design and bupdout of a left tom pocket.' Melanie Adams, Associate CM7 Engineer, asked that the Commission further reftne that condition to indicate that the Public Works Department does not support the msdFan island, but in the event the Commission choc-ses to add the median island to the project, that prior to final map approval, the street improvement plans be submitted to the Public Works Department. ACTION: Approved Negative Declaration Recommended adoption of GPA 338 to Cfty Council Recommended to Council approval of the proposed amendment to Sycamore Canyon Specific Plan (SP88-1), with Condftfon No. 3 modified to n~ad as tollows: oe/2t/95 Page 47 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSIION August 21.,1995 ~_.~, 3. That prior to final trail map approval or issuance of the flrat bu0ding permit, whichever occurs first, the property owner/developer shall pay Branch Ubrary fees for thetwenty-four (24) single-family detached residential unRs in Development Area 5 to the City of Anaheim in an amount as established by City Council Resdution. Approved Tentative Tract Map No. 15223 with the following changes to conditions: Modified Condition No. 4 to read as fdiows: 4. That prior to final trail map approval or ~~~ of the first building perm, whichever occurs first, u''~ Property ~r/developer shall pay Branch Ubrary fees for the twenty our (24) single-family detached residential units in Development Area 5 to the City of Anaheim in an amount as established by City Council Resolution. Added the following new conditions: That the legal property owner shall famish a Subdivision Agreement, in a form approved by the City Attorney, to the City of Anaheim agreeing to complete the public E.^.,provements requir9d as conditions of the map at the legal Property owner's expense. Said agreement shall be submitted to and approved by the City of Anaheim and shall then be recopied concurer>tfy with the final trail map. That prbr to final trail map aPP~~ a maintenance covenant shall be submitted to the Subdivision Section and approved by the City Attorney's Olflce. The covenant shall include provisions for maintenance of pfi.~ate facpitias~ the final maintenance exhibit The covenant shall be recorded concurrently map. That the sewer serving this trail shall be privately maintained. That all drainage Improvements within this trod shall be privately maintained. That the slopes adjacent to Weir Canyon Road and Canto f V>~a DrivmaU~enance reserved as an easement to the Homeowners Association pe purposes. That prior to final trail map approval, sweet improvement plans shall be submitted to the Public Works Department, Development Services Division to modify the median island at the project entra~~ by ~ C~ ~ ~ineer and si form app ed shall be posted in an amount app ty 9 by the City Attorney. That the private street shall be maintained at thirty s[x (36) feet curb to curb fn order to allow for twenty (20) foot long drNeways. 08/21/95 Page 48 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSIION August 21, 1995 ~,., Accepted applicant's request to withdraw approval of final sRe plan at this time, and to allow for rosubmittal at a later date. VOTE: 7-0 Selma Mann, Deputy City Attorney, Presented the 22 day appeal rights pertaining to the Specific Plan and 1:1 days pertaining to the tentative tract map. MEETING ADJOURNED AT 4:45 P.M. TO THE PLANNING COMMISSION MORNING WORK SESSION OF WEDNESDAY,SEPTEMBER 6,1995 AT 10:00 A.M. Respectfully submitted, ' ~~ o[~J 1 Edith L Harris Planning Commission Support Supervisor 08/21/95 Page 49 :~ ~:. T+h.f ~ i~~~ ! h r+/T x 'frt. Y. ~ 1 ~ .J l~.i• ~C ~{n. Y~ . M y:' per ,~.~ ~ M- ~ r ,~ ,.t ~ F :.{ 1 ' 6~ ~ h . ~ ~ z~' ~. .; ,i }fu., t i ~ - ~r.;. h `.~ •) - ~+ ~ 1 ~ . .. ' . .,' i ~ . .. i'. ., . i., '+ _ ~ ~ ~ - - .. Ij ; ~... >~ .n.. 1`L~~ ..}~.. . r r.. , ~ ~ 1 ..S , 1 ~,..~: : }t .. ..Kr ~ ..5. ~. Ck4 : Y.al +.~ 'u.9~.il .. ~. N...Kr / .. , yr r C is r .1 ~ , r~~'~~A"iF{ .~ _