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Minutes-PC 1996/04/29SUMMARY ACTION AGENDA REGULAR MEETING OF THE ANAHEIM CITY PLANNING COMMISSION MONDAY, APRIL 79, 1996 11:00 A.M. - PRELIMINARY PLAN REVIEW 1:30 P.M. _ PUBLIC HEARINGS BEGIN (PUBLIC TESTIMONY) COMMISSIONERS PRESENT: BpYDSTUN, BRISTOL, HENNINGER, MAYER, MESSE, PF_RAZA COMMISSIONERS ABSENT: BOSTWICK STAFF PRESENT: Selma Mann Mary Mcgoskey Greg Hastings Jonathan Borrego Linda Johnson Sean Gerber Bruce Freemen Margarita Solorio Elly Fernandes Deputy City Attorney Deputy Planning Director Zoning Division Manager Senior Planner Senior Planner Associate Planner Code Enforcement Supervisor Senior Secretary Senior Word Processing Operator PROCEDURE TO F~Q'EDfTE PIANNWG ~ Pl1Bl~ HEARlIGS 1. The proponents in npplicatlona which are not contested will have five minutes to present then' °' ~aence. AddWonal time will be granted upon request if, In the opinion of the Commission, such addhional time will produce evidence Important to the Commission's consideration. 2. In contested applicatfona, the proponents and opponent will each be given ten minutes to present their case unless addWonal time is requested end the complexity of the matter warrants. The Commission's considerations are not determined by the length of time a partidpard speaks, bu! rather by what is sad. 3. Staff Reports are part of the evidence deemed received by the Commission in each hearing. Copies aro available to the public prior to the meeting. 4. The Commission will withhold questions until the public hearing is dosed. 5. The Commission reserves the right to deviate from the foregoing if, in its opinion, the ends of fairness to all concerned will be served. 8. or other acceptablesvisual rep ®sentationa ofr nontJocumenrtary evidence, sh~be retained bYthenCommission for~pub ~ record and shall be available for public inepectiona. 7 the ufledidlon off thedPlann n Commmssloneand/or agenda itiems.~Es~speaker~will be allotted a m mum of five (5) minutes to speak. MI960429.wp 04/29/96 Page 1 ~l ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA APRIL 29, 1996 1. REPORTS AND RECOMMENDATIONS: A. a. CEOA NEGATIVE DECLARATION (PREVIOUSLY APPROVEDi b. CONDITIONAL USE PERMIT N0.3707 -REQUEST FOR RETROACTIVE EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL: Shell Op Company, Attn: AprN Smftlr, 3 Hutton Center Drive, Suite 711, Santa Ana, CA 92707, requests a retroactive extension of time for Conditional Use Permit No. 3707 (to permit an existing service station with a 1,215-square foot convenience market) to expire on October 4, 1996. This petition was originally approved on October 4, 1994. Property is located at 2100 South Harbor Boulevani. ACTION: Commissioner Boydstun offered a motion, seconded by Commissioner Henninger and MOTION CARRIED (Commissioner Bostwick absent), that the Anaheim Clty Planning Commission has reviewed the proposal and does hereby ftrxl that the Negative Declaration previously approved in connection wfth Conditkxral Use Permit No. 3707 is adequate to serve as the required environmental documentation in connection with this request upon ftndirig that the declaration reflects the Independent judgement of the lead agency and that K has considered the previously approved Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. Commissioner Boydstun offered a motion, seconded by Commissioner Messe and MOTION CARRIED (Commissioner Bostwick absent), that the Anaheim City Planning Commission does hereby approved a retroactive extension of time for Conditional Use Permit No. 3707 (to expire on October 4, 1996) based on the following: 1. That the petitioner has demonstrated good cause in light of recent economic conditions and hardships in securing adequate financing for subject project. That none of the recently enacted code amendments affect subject property or subject condltlonal use permit requesting an accessory convenience market within an existing service station. Approved Approved (To expire 10-496) 04/29/96 Page 2 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA APRIL 26, isi~6 ~,i B. a. ~EQA NEGATIVE DECLARATION (PREVIOUSLY APPROVEDI Approved b. CONDITIONAL USE PERMIT NO 3165 -REQUEST F_OR_ APP~~ RETROACTIVE EXTENSION OF TIME TO COMPLY WITH (fo e~ire 6.5-97) CONDITIONS OF APPROVAL• Anaheim Land Associates, 450 Newport Center Drive, Suite 304, Newport Beach, CA 92660, requests a retroactNe extension of time for Conditional Use Permit No. 3165 (to permft a commercial retail center and on- sale alcohdic beverages within two proposed restaurants wRh waiver of required she screening) to expire on June 5, 1997. This petition was originally approved on June 5, 1989. Property is located at 2430 East Katella Avenue. A I N: Commissioner Boydstun offered a motion, seconded by Commissioner Peraza and MOTION CARRIED (Commissioner Bostwick absent), that the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the NegatNe Declaration previously approved in connection with Conditonal Use Permft No. 3165 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgement of the lead agency and that ft has conskfered the previously approved Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the emrironment. Commissioner Boydstun offered a motion, seconded by Commissioner Peraza and MOTION CARRIED (Commissioner Bostwick absent), that the Anaheim City Planning Commission does hereby approve a retroactive extension of time (to expire on June 5, 1997) for Conditional Use Permft No. 3165 subject to the fdlowing provisions: (a) That when the parking lot is reconfigured, the new parking spaces shall comply wfth the minimum parking space dimension requirements in effect on the date of buUding permft issuance. (b) That when the parking tot is reconfigured, every ten (10) or fewer contiguous parking spaces shall be separated by a minimum forty-eight (48) square foot landscaped planter, having a minimum five (5) foot dimension and containing at least one (1) tree per planter. (c) That all roof-mounted equipment, ground-mounted antennas and mechanical/utility equipment be screened. 04/29/96 Page 3 ~. ONAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA APRIL 29, 1996 C. VARIAN E NOS 1282 AND 1358 - REQUEST FOR Terminated TERNiINAT1ON: Donahue Schriber, 3501 Jamboree Road, Suite 300, South Tower, Newport Beach, CA 92660, requests termination of Variance No. 1282 (waiver of minimum height restric,^Uon to construct a 6-story office building) and Variance No. 1358 (waiver of gross floor space parking requirements to permit the provision of parking on the basis of net rentable floor area). Property is looted at 600 North Eudkf Street. TERMINATION RESOLUTION NO. PC98.39 D. CONDITIONAL USE PERMIT NO 1961 - REQUEST FOR Terminated TERMINATION: KAPE ProppKies, 4727 Wilshire Boulevard, Suite 610, Los Angeles, CA 90010, requests termination of Conditional Use Permit No. 1961 (to permit the retail sales of tires and auto parts in the ML Zone). Property is located at 1347 North Blue Gum Street. II TERMINATION RESOLUTION NO. PC98-40 E. CODE AMENDMENT N0.98-08: City initiated request Continued to pertaining to the addition of service stations as a conditkxkzlly 5-13-96 permitted use within Development Area 4 (Transit Care) of SP94- 1 (Northeast Area Specific Plan). Commissioner Henninger stated the plans have just recently been completed and he indk~ted the Redevelopment Commission hasn't had a chance to review them. He suggested a two-week continuance thereby allowing a recommendation from the Redevelopment Commission. Commissioner Messe asked >f the Redevelopment Commission will be able to revew ft and come back before the Commission in two weeks wfth their findings? Mike Welch, Redevelopment Agency, Senior Project Manager. He confirmed that the Redevelopment Commission would be able to come back with their findings for the next Planning Commission meeting. 04/29/96 Page 4 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA APRIL 29, 1996 \_.% - CODE AMENDMENT NO 96.11: N. Bruce Ashwill, 333 Clty Continued to Boulevard West, Suite 2150, Orange, CA 92668, requests 5-13-96 conskleration of Code Amendment No. 96-11 pertaining to the addition of automotive vehide repair facilities as a conditionally permitted use within Development Area 4 (Transit Care) of SP96- 11 (Northeast Area Specfflc Plan). Roger Rhodes, Ashwill Associates, 333 City Boulevard West, Suite 2150, Orange. Stated he is speaking on behalf of Bruce Ashwill, owner of the property. They are IooMng for additional help from the City to maintain the same type of uses as in the past on a conditkmal use basis. Chairwoman Mayer indicated discussion has been made in referring it back to the Redevelopment Commission for their recommendation before action (s taken by the Planning Commission and she asked the appiicant what the Impact would be if the item was continued. Mr. Rhodes stated tt would involve property which is 31,000 square feet on the comer of Grove and La Palma. The property has been vacant and they're currently in negotiations with Anaheim Hills Auto Body who is submitting the CUP application. He explained the delay is about $500 a day in Interest mortgage payments and taxes that the gentleman would have to pay. By extending the subject item for another two weeks it would cost approximately 57,500 out-~- pocket for an empty building. If the building stays empty it costs approximately $15,000 a month, therefore, the owner would request i< be expedfted as soon as possible. 04/29/96 Page 5 ..,.~~~.. ~~~v or eNNING COMMISSION - SUMMARY ACTION AGENDA APRIL 2!, 19si6 NIVif7G~m v.. • - ----- ~ ncr~e ~nT1r`ATED NEGATiV~ nFGLARATION ~ ~~ modifiCS_ 2b. rONDITIONAL USE PERMIT N0.386~ (READVERTISED) b to condi<ions of OWNER: CONVENTION CENTER INN, LTD., Attn: Ashik Patel, 1734 approval and aone- S. Harbor Boulevard, Anaheim, CA 92802 year extension of time (To expire 4-4-97) LOCATION: 2017 South Harbor BeuleyeM fGonvention 1 n Property is approximately 3.3 acres located on the west skJe of Harbor Boulevard and located approximately 380 feet south of the centerline of Cornention Center Way and further described as 2017 South Harbor Boulevard. Petitioner requests a second one-year extension of time and modifications to conditions of approval pertaining to mftl~~ n~f~ measures, landscape and signage for apreviously-appr high, 5-story, 312-unit hotel complex. CONDITIONAL USE PERMIT RESOLUTION N0. PC96-41 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None APPLICANT'S ST,4TEMENT: and Indicated that they concur wfthnthe conditions Int he staff reaport. ~ and agent for the project THE PUBLIC HEARING WAS CLOSED. STAFF'S COMMENTS: Linda ~,,~nson, Senior Planner. She explained that staff revised the findings and a copy of the revised flndin~s were gNen to the Planning Commission and also gNen to the applicant. Mary McCloskey, Deputy Planning Director. She addatJ that the revisions include sonr9 required findings that the Planning Commission needs to make prkx to adopting or modifying any conditions of approval. She also explained why they believe the modifications and time extenslon are appropriate. ACTION: Planning Department stagy rhsito mead as dR~ rt,s Findings and Recommendation pang p 04/29/96 Page 6 APRIL 29, 1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA -. FI DI (10) Section 18.03.092.060 of the ZoningmCode ~o ~ ae~ffiiona) Commission or City Council may g use permft ff the granting body makes the finding that arty such modification, including theoimopr~iti the ublic dd health, s~etY orreto, is reasonably necessary p p ~ ration under the general welfare, or necessary to permit reasonable ope conditional use permit as granted. (11) Planning Commission may additionally wish to note that with regard to time extensions, Zoning Code Section 18.03.090 sp~ifles ~theany petitioner shall, within one year after receNing app ( greater or lesser time Iimft specified in the Resolution of Approval) comply with all conditions imposed with time limits. In addition, Code specifies that the project or enterprise authorized by the Zoning approval (or necessary construction) shall begin within the time specified in the resolution (or one year ff no lima is specified). 'Time extensions (including retroactive) may be granted by the Planning Commission'for good cause shown' which in no evert shall exceed an additional time equal to the original time specified, or one year, whichever is the greater. RECOMMENDATION: (12) A. Planning Department staff recommends that Planning Commission Moot the Mitigated Negative Declaration and associated Mitigation Monitoring Plan No. 002 as the required a ~~In b the Planning documentation for subject request upo 9 Y Commission that the Declaration reflects the Independent judgement of the lead agency and that it has consklered the Mitigated Negative Declaration together with any comments received during the public review process and further finding on the basis of the Initial Study and any comments received that there is no substantial evkfence that the project w81 have a significant effect on the ernironment. B. Planning Department staff recommends, that unless additional or contrary testimony is received during the pubik: hearing, that the Planning Commission anorove the requested o ~ f~ ~nbnal extension and modification of conditions of app Use Permit No. 3666 based on the flowing: 1. That the proposed modifications to Coixlf[ional Use Permit No. 3666, including the Imposition of modified conditions, Is reasonably necessary to protect the publk; m~R reasonable safety or general welfare, or necessary okp~ granted bad operation under the conditional use perm upon the following: 04/29/96 Page 7 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA APRIL 29, 1996 a. The ernironmental impacts of the project would not be adequately addressed unless the mitigation measures induded in Mitigation Monitoring Plan No. 002 are implemented in light of the three Specific Plans that have been approved for the Anaheim Resort and their associated environmental documentation. b. The previously-apprrned 312-unft hotel complex is a compatible land use within t density falls wkh n thpe c~c Plan area, and the proposed limfts of the Cornention Center Medium Density designation for subject property. The proposed correction to Condition No. 7 will ensure compliance with Mitigation Monitoring Plan No. 002 and pa~,/ment of associated fees; corrections to Condition Nos. 9 and 10 to reference the applicable Anaheim Resort Specific Plan landscape and signage Code sections are for editorial purposes only as the changes were previously required by Ordinance No. 5453 and/or are no longer applicable as in the case of deleting 10(c). That as indicated in the petftioner's letter dated March 14, 1996, `good cause` has been shown for the requested time extension. The Planning Commission: Approved the Mitigated Negative Declaration and associated Mitigation Monitoring Plan No. 002. Approved aone-year extension of time for Condftional Use Permit No. 3666, to expire on April 4, 1997. Modified Condftion Nos. 7, 9, 10 and 11 of Resolution No. PC94-44 to read as follows: 7. (a) That the property owner/developer shall comply with ail mftigation measures contained in Mftigation Monitoring Plan rio. 002 (See Attachment B) and be responsible for any d(rect rests associated with said measures as established by the City and as required by Section 21081.6 of the Public Resourr;es Code. (b} That prior to the submittal of any building plans for plan check, demdition or other construction actNity, whichever occurs first, a Mitigation Montoring Per Measure Fee (applicable to 66 (sixty- six) mftigation measures) shall be remitted to the City of Anaheim per the Planning Department Fee Schedule in effect at that time. 9. That if wall signs are proposed, the property owner/developer shall submit signage plans prepared in conformance wRh Sectkx>s 18.48.130.060 and 18.48.130.0604 (Exhibit 7.Ob'Hotel/Motel Sign Standards Matrtx'} of the Anaheim Municipal Code to the Zoning ~/~/~ Page S ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA APRIL 29, 1996 ( Division of the Planning Department for Final She Plan review in the `~_,~ manner set forth in Section 18.48.040.020 of the Code. 10. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on fpe with the Planning Department marked Exhibft Nos. 1 through 14; provided, however, that: (a) The property owner/developer shall submit a landscape plan prepared in conformance with Sections 18.48.070.120, 18.48.100 and 18.48.110 of the Anaheim Municipal Code for review and approval by the Zoning Division of the Planning Department prior to issuance of the first building permit for the project; and, (b) The property owner/developer shall submit monument sign plans prepared in confom~ance with Sections 18.48.130.060 and 18.48.130.0604 (Exhibit 7.Ob 'Hotel/Motel Sign Standards Matrbc') of the Anaheim Municipal Code for review and approval by the Zoning Division of the Planning Department prior to Issuance of a sign permit. 11. That prior to Issuance of a building permit or by April 4, 1997, whichever occurs first, Condition Nos. 1, 2, 4, 5, 6 and 8, above- mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance wfth Section 18.03.090 of the Anaheim Municipal Code. VCTE: 6-0 (Commissioner Bostwick absent) DISCUSSION TIME: 3 minutes Selma Mann, Deputy City Attorney, presented the 22-day appeal rights. 04/29/98 Page 9 .........,, .,~ wu~n~IP_ PAIL:"111CCIAN . saMMARY ACTION AGENDA APRIL 29, 1996 3a. CEOA CATEGORICAL EXEMPTION -CLASS 14 3b. ^ONDITIONAL USE PERMIT N0.3745 (READVERTISED) OWNER: THE SERVITE FATHERS, A CALIFORNIA CORPORATION, Attn: Father Gerald M. Horan, O.S.M., 19521ft'. La Palma Avenue, Anaheim, CA 92801 LOCATION: ,1952 West La Palma Avenue (Service HMh Schooll. Property is approximately 14.75 acres located on the south side of La Palma Avenue and located approximately 515 feet west of the centerline of Onondaga Avenue and further described as 1952 West La Palma Avenue. Petftioner requests modification or deletion of a condition of approva_i pertaining to time limitation for the previously-approved temporary modular classrooms. CONDITIONAL USE PERMIT RESOLUTION NO. PC9Es-42 Concurred w/staff Approved modifica- tion to tbnditlons of aPP~ (To expire 9.30-98) FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: 1 person spoke wfth concerns APPLICANT'S STATEMENT: Father Gerald Horan, 1952 W. La Palma Avenue, Anaheim. Sta'ed the subject oast ismtoate y ~ the use of the existing temporary classrooms that have been o' .ne property pproxi (2) years. He explained that they anticipate the possibility of eliminating the temporary dassrooms by September,1998. David Yencha, 1002 N. Wichita, Anaheim. He spoke in concern relative to the subject request and he asked if it will decrease the value of the homes in the area? Commissioner Masse darffied for Mr. Yencha that the modular dassrooms have already been t•~nstructed and have been at the facility for the past two (2) years. Mr. Yencha responded that he was not aware of the existing modular dassrooms. Commissioner Masse explair::xl that the request (s to exterxi the original entitlement for an additional two years. Mr. Yencha asked for clarification relative to the request and he asked if h will impact the homes in the area? 04/29/98 Page 10 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA APRIL 28, 1si88 Commissioner Boydstun stated that the request will not impact the homes in the area and she explatnai that the modular classrooms have been there for two (2) ysen wand with the Commission's approve! today they will remain as is for another two (2) y Father Gerald Horan stated the schod's intended development plans do not Involve any Property acquisition on Wichita end that at this time they have no intent to buy any property on the east side. He explained that their current development planning is within their own existing property THE PUBLIC HEARING WAS CLOSED. STAFF'S COMMENTS: No additional comments were made. ACTION: Concurred with staff that the proposed project falls within the definition of Categorical Exemptions, Class 14, as defined in the State EIR and is, therefore, categorically exempt from the requirements to prepare an EIR. Approved request. Modtfled Condftion No. 1 of Resolution No. PC95-21 to read as follows: "1. That this Conditional Use Permit shall expire on September 30, 1998.' VOTE: 6-0 (Commissioner Bostwick absent) DISCUSSION TIME: 10 minutes Selma Mann, Deputy City Attorney, presented the 22-day appeal rights. 04/29/96 Page 11 APRIL 29, 1998 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA qa, ct=ea NEGATIVE DECLARATION (PREVIOUESALpV~ERTISED) ) 4b. rONDITIONAL USE PERMIT N0.3265 ~ OWNER: SUNNYMEAC POULTRY RANCH, c/o 1250 N. Red Gum Street, Anaheim, CA 92606 LOCATION: 1250 North Red Gum Street rt'F+p [:nrner9tone h r h . Property is approximately 1.06 acres located on the east side of Red Gum Street and located approximately 500 feet south of the centerline of Miraloma Avenue and further described as 1250 North Red Gum Street. Petitioner requests athree-year extension of time to retain a church in an industrial building. CONDITIONAL USE PERMIT RESOLUTION N0. PC96~- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None APPLICANTS STATEMENT: Approved Approved a 3-year extension of time (To expire 49-99) Rick Danna, Senior Pastor, The Cornerstone Church, 1250 N. Red Gum Street, Anaheim. He stated that the facility has been a blessing to the congregation. THE PUBLIC HEARING WAS CLOSED. STAFF'S COMMENTS: Commissi~ sra d she exp aiinaed that the subject request83 year extensbnw ould thenecomplete nine (9) y the temporary use. rick Danna asked ff I< can be reviewed? Greg Hastings, Zoning DNision Manager. He indicated that Planning staff would have to work with Redevelopment staff to see ff h is appropriate to have churches as a Wem~anent use in the subject area because there has been ~~edevelopment changes. Commissioner Messe suggested that the applicant contact Plann~i ~ maywaent~ ~~ ~~nge in one (1) year to see what's going on and also stated the appl in the ordinance. 04/29/96 Page 12 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA APRIL 29, 1906 Pastor Danna stated ft is very dffflcuft to find a church facNiry and indk~ted that they have been very happy with the subject facilfty. Commissioner Boydstun asked ff they lease or own the property? Pastor Danna responded that they own the building, but they lease the property with an optbn to buy. Commissioner Boydstun asked how large is the propergR Pastor Danna responded that the propr.~y is 1.2 acres. Commissioner Bodystun stated she believes ft states in the code that ff you own the property and ff h is 3 acres, that you can then gc in pemranently. Greg Hastings stated staff can revisft the Issue with Redevelopment staff to fled a way to reduce the acreage provided that the property is owned by the church. ACTION: Determined that the previously approved negative declaration is adequate to serve as the required environmental documentation for subject request. Approved a 3-year extension of time for Condftional Use Permit No. 3265, to expire on April 9, 1999. VOTE: 6-0 (Commissioner Bostwick absent) DISCUSSION TIME: 5 minutes Selma Mann, Deputy City Attorney, presented the 22ilay appeal rights. THE ANAHEIM CITY PLANNING COMMISSION ADJOURNED THEIR MEETING AT 2:05 P.M., TO THE PLANNING COMMISSION MORNING WORK SESSION OF MAY 13, 1996 AT 10:00 A.M., FOR A DISCUSSION RELATIVE TO THE RESTAURANT AND NIGHTCLUB ORDINANCE AND AN UNDERGROUNDING TELECOMMUNICATIONS PRESENTATION. Respectfully submitted, Elly Fees, Senior Word Processing Operator Planning Department 04/29/96 Page 13 i