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Minutes-PC 1996/08/05~~ SUMMARY ACTION AGENDA ANAHEIM CITY PLANNING COMMISSION MEETING MONDAY, AUGUST 5, 1996 PRELIMINARY PLAN REVIEW: 10:00 A.M. PUBLIC HEARING (TESTIMONY): 1:30 P. M. COMMISSIONERS PRESENT: BOSTWICK, BOYDSTUN, BRISTOL, MAYER, MESSE, PERAZA COMMISSIONERS ABSENT: HENNINGER STAFF PRESENT: Selma Dunn Greg Hastings Jonathan Borrego Greg McCafferty John Puole Melanie Adams Margarita Solorio Elly Fernandes Assistant City Attorney Zoning DNision Manager Senior Planner Associate Planner Code Enforcement Manager Associate CNiI Engineer Senior Secretary Senior Word Processing Operator MIg60805.WP AUGUST 5, 1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA APPROVAL OF THE SUMMARY ACTION AGENDA FOR THE PLANNING COMMISSION MEETINGS OF JULY 8, 1996 AND JULY 22, 1996 1. REPORTS AND RErOMMENDATION$ A. RECLASSIFICATION NO 93-94-r-3 AND CONDITIONAL USE PERMIT NO 3662 REQUEST FOR A RETROACTIVE EXTENSION FQ TIME: Doug Browne, P. 0. Box 18021, Anaheim, CA 92817, requests a retroactive extension of time for Conditional Use Permit No. 3662 (to permit a private educational facility and church wfthin a commercial retail center) to expire on August 8, 1997. This petition was originally approved on August 8, 1994. Property is located at 6270 E. Santa Ana Canyon Road. This item was continued from the Planning Commission meeting of July 22, 1996. A I N: Commissioner Bostwick offered a motion, seconded by Commissioner Mayer and MOTION CARRIED (Commissioner Henninger absent) that the Anaheim City Planning Commission does hereby approved a one year retroactive extension of time (retroactive to August 8, 1995) to expire on August 8, 1997 with the following stipulations made by the applicant at the public meeting: That the existing temporary trailers will be removed from subject property within a period of thirty (30) days. That the trash and construction debris existing on site will be removed from subject property wfthin a period of one hundred twenty (120) days. Continued to August 19, 1996 Approved (fo expire 8-8-97) Doug Browne, 151 S. Quintana, Anaheim. He stated at the time he applied for tfie subject conditional use permits involved with Conditional Use Permit No. 3662, he had two o.vners/operators for the building and they were prepared to go forward and begin business at the subject property. He explained that ft was impossible for him to get title insurance to the property because of some strange wording in the legal description relative to one of the parcels (access parcel). The access parcel is contiguous to the southerly right-of-way of Santa Ana Canyon Road and he stated ft took him 7~ month$ to get the access problem resolved. It was resolved through a resolution of the City Council and came through about two days after the conditional use permft expired. 08/05/96 Page 2 AUGUST 5,1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA The patience of one of the original operators ran out, but the other original operator still remains. He stated ft has taken him qufte a while to find a person who would template into the same operation. The conditional use permts were so specffically oriented that he worked on ftnding another user who would fit Into the conditional use permits as originally implied rather than trying to modify the conditional use permits. Currently, they are ready to proceed but he Indicated that the conditional use permit expired prior to the time he could oven get title insurance to began the project. Therefore, he is requesting an extension of the original conditional use permit so they could begin. He stated he already submitted his lot 11ne adjustment to the Engineering Department and apologizes for not being present at the previous meeting. But, he believed he wasn't going to be allowed to comment as he thought the Report and Recommendation items was reviewed by staff only. Planning staff did try to get in touch with him during the last meeting but were not successful. Chairman Messe stated ft's true that sometimes they don't have any discussion on Report and Recommendation hems, but relative to the subject request staff was concerned about the condition of the piece of property. Mr. Browne stated that 1~ years ago he signed a demo & removal contract for all that is on the subject property. The moment they close construction (being approved, signed and ready to go), the demolftion contractor will come in and strip the place clean including the house and everything. He stated expecting the project to go forward and expecting the title problem to be resolved that last summer he began construction on the project, constructing the perimeter walls. The people who were most impacted by the property were the westerly neighbors. He noted that a portion of the CUP indicated that a very tall wall be constructed and he stated he has completed the construction of the wall. They stuccoed the wall from the neighbor's side and the j operty i Yn ome outlto theirvmost He stated there may be a house or two above who can see the pro ect if the northerly property 11ne and ft's possible for ft to be seen ff somebody makes an effort, but it's not in constant public view. Chairman Messe asked what are his plans for the temporary trailers on the site? Mr. Browne responded that the users are gone and the trailers are vacant. The trailers are in the process of going back to Angeles Mobile Leasing who is the leasing company and they're currently the trarilers on theosubject sfteeuntfl them iddle ofiAugust wwhich he agreed because he dkin't see aeave problem with ft. Commissioner Bostwick asked when would the demolftion take place? Mr. Browne explained the reasons why the note holder will not allow him to remove the house now and he commented that the projected date would be 70 - 80 days from now. Commissioner Bostwick asked ff the lease/purchase of the property from the City Real Property section has taken place and ff it's part of the lot line adjustment? 08/05/96 Page 3 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA AUGUST 5, 1996 ~~ Melanie Adams, Associate Civil Engineer. She stated Mr. Browne has made the offer but the sale has not been finalized, he met the letter of the condition which read that he submit a purchase offer. Chairman Messe asked ff the acceptance of the offer is scheduled before the City Councq soon? Mr. Browne indicated that the City Council already accepte!3 the offer and Frank Hardcastle has the deed in his hand. He stated he's prepared to pay the City the price which >•s agreed upon. He explained that all three transactions will be closed contemporaneously as he will pay off the note for the property, pay the Ciry for it's property and the lot line adjustment records. it all happens contemporaneously through the same title company and through the same action. Commissioner Bristol asked ff the escrow is open and ready to close. Mr. Browne responded "yes". Mrs. Adams stated the street Improvements were tied by resolution and are tied to the redassfflcatlon of the small bowling alley piece of the property. Therefore, until the reclassffication is finalized staff can't approve the lot line adjustment. She explained that the reclassification will be approved after Mr. Browne submfts the street improvement plans, post the bond and then scheduled for a City Council meeting. 08/05/96 Page 4 AUGUST 5, 1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA ~~ PUBLIC HEARING ITEMS 2a. CEQA NEGATIVE DECLARATION (PREVIOUSLY APPROVED) Cog instul9, 1996 2b. WAIVER OF CODE REQUIREMENT 2c. ~ONDITION~~ tJSE PERMIT N0.3711 (READVERTISED) 2d. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY N0. 96-04 OWNER: TEXACO REFINING AND MARKETING, Attn: Doug Elston, P.0. Box 7812, Universal C'dy, CA 91608-7812 AGENT: PATRICK 0. FIEDLER, 2322 West 3rd Street, Los Angeles, CA 90057 LOCATION: 5650 East La Palma Avenue fTexa^^ Service Stationl. Property is arectangularly-shaped parcel of land consisting of approximately 1.0 acres loca'~ i at the southwest corner of La Palma Avenue and ~..iperial Highway. Petitioner requests review and approval of revised plans fora 2,553- square foot automobile service station with a 2-bay express tube facility, accessory automated car wash, atake-out fast-food restaurant within a 2,141-square foot convenience market and sales of beer and wine for off-premises consumption with waivers of permitted wall signs, minimum number of parking spaces and required improvement of setback areas. Petitioner further requests determination of public convenience or necessity for an Alcoholic Beverage Control license to permit the sale of beer and wine for off-premise; consumption at subject facility. This item was continued from the Planning Commission meeting of July 8, 1996 CONDITIONAL USE PERMIT RESOLUTION N0. _ DPC RESOLUTION N0. FOLLOWING IS A SUMMARY OF 7HE PLANNING COMMISSION ACTION. OPPOSITION: None 08/05/96 Page 5 eueueu^ rrrv o~ euNlNr; f`AMIUISSION . SUMMARY ACTION AGENDA AUGUST 5, 1996 ACTION: Continued subject request to the August 19, 1996 Planning Commission meeting in order to allow the petitioner to submit revised plans illustrating the deletion of the fast food restaurants, drive-through service window, and the express lube facility. VOTE: 6-0 (Commissioner Henninger absent) DISCUSSION TIME: This item was not discussed 08/05/96 Page 6 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA AUGUST 5, 1996 ~_ 3a. CEQA NEGATIVE DECLARATION Withdrawn 3b. WAIVER OF CODE REQUIREMENT 3c. rONDITIONAL USE PERMIT N0. 3854 OWNER: RHRHM INC., 1717 S. Chestnut Avenue, Fresno, CA 93702 AGENT: REVEREND JOSEPH P. SONG, 8451 Larson Street, #2, Garden Grove, CA 92644 MIKE BRINKMAN, c/o COASTLJNE REALTY OF NEWPORT, 2744 E. Pack Coast Highway, #84, Corona Del Mar, CA 92625. LOCATION: 2283 West Lincoln Avenue. Property is a rectangularly-shaped parcel of land consisting of approximately 0.41 acres, having a frontage of approximately 80 feet on the north side of Uncoin Avenue and located approximately 195 feet west of the centerline of Monterey Street. To permit a church in an existing office complex with waivers of minimum setback for institutlonal uses abutting a residential zone boundary and minimum number of parking spaces. This item was continued from the Planning Commission meeting of July 8, 1996 CONDITIONAL USE PERMIT RESOLUTION NO. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Commissioner Bostwick offered a motion, seconded by Commiss!.oner Bristd and MOTION CARRIED (Commissioner Henninger absent) that the Anaheim City Planning Commission does hereby accept the request from applicant to wfthdraw subject petition. VOTE: 6-0 (Commissioner Henninger absent) DISCUSSION TIME: This item was not discussed 08/05/96 Page 7 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA AUGUST 5, 1996 ~. 4a. ~EQo NEGATIVE DECLARATION (PREVIOUSLY APPROVED) Approved 4b. CONDITIONAL USE PERMIT N0.3656 (READVERTISED) Modffied conditions of approval OWNER: RALPH SLATON, 2660 W. Lincon Avenue, Anaheim, CA (fo expire 3-20-98) 92801 AGENT: ICAMLESH PATEL, 2662 W. Lincoln Avenue, Anaheim, CA 92801 LOCATION: 2662 W. Lincoln Avenue. Property is a rectangularly- shaped parcel of land consisting of approximately 0.49 acres located at the southwest comer of Lincoln Avenue and Stinson Street. Petitioner requests deletion or modification of a condition of approval pertaining to a time limitation to retain a 2,264 square foot restaurant with on premises sales and consumption of beer and wine. CONDITIONAL USE PERMIT RESOLUTION N0. PC98-74 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. ~_ OPPOSITION: None APPLICANT'S STATEMENT: Kamlesh Patel, 2662 W. Lincoln Avenue, Anaheim. He stated he was present last year before the Commission and at that time it was his impression that 'rf there were no major violations at the subject location that at his one-year review staff would then give him afive-year extension or no time limitation He stated that the past owner has also appeared before the C,;;nmission relative to Conditional Use PermR No. 3656 and at that time there were also no previous violations. He explained that ff he's given another one-year extension that he will have to come again and pay another $320 which is expensive for a small business. He asked for a three or five-year extension to help his s+nall business. THE PUBLIC HEARING WAS CLOSED. STAFF'S COMMENTS: John Poole, Code Enforcement Manager. He commented that he understands the apF:'~nt's concern about having to come back each year, but in the west end of the City there are many food establishments that get conditional use permits to serve alcoholic beverages. On the long 08/05/96 Page 8 AUGUST 5,1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA haul there turns up to be problems ff they have a conditional use permit that does not have time limitations. He spoke relative to the subject business and stated that there hasnY been any complaints of any signfficant nature besides the hand bill distribution, but there are problems In the motel and with the bar next to the subject restaurant. Staff believes in order to protect the neighborhood that aone-year conditional use permit would be best for the neighborhood. They will certainly loon at ft again next year and see what the situation is, but at this time staff feels a one-year extension is the best step to take. Chairman Messe stated a year extension would take him to March of next year, which Is 7 months away and he asked ff ft could be Increased to 18 months, until September of next year? Mr. Poole responded that he doesn't see any problem with ft being increased to 18 months. Commissioner Boydstun asked ff the subject request druid he brroug~ back under a Report and Recommendation item sn .._ doesn't have to keep pay g 9 Selma Mann, Assistant City Attorney. She stated that they can request ft to come back as a Report and Recommendation item, however, ft's a completely different thing from having the approval actually expire at a particular point in time. If the approval expires, ft's up to the applicant to prove that they don't t N 'e any sort of problem on the property. If the approval is granted wfthout a time limitation then ft would be up to the Cfty to have to prove that there is an issue in order to modify and terminate the conditional use Hermit. Commissioner Bristol asked Mr. Patei how long has he owned the property? Mr. Patel responded that he has owned the property for approximately 1~ years and he stated ft was his understanding in his discussion with the previous owner that there were no violations. Therefore, there has not been any violations for approximately 2~ years. He reiterated that he would appreciate athree-year extension. Commissioner Bristol asked ff there are a lot of people who eat at the establishment? Mr. Patel responded that their business consist of 95% delivery, and 5°'A customers come in, they may sell two bottles of beer a day because there is a bar n :door. Chairman Messe asked ff he would co:~~ider dropping the beer and wine license? Mr. Pate! slated he fought for a long time to sell beer and wine, but in the future they may have to drop ft 'rf they have to keep coming back for extensions. Commissioner Bristol stated he picked up a menu from the establishment and ft appears to him that they do deliver and they don't have any alcohol on the menu. Mr. Patel responded that's correct, they don't deliver beer. Commissioner Bristol stated he agrees with Mr. Patel, but aone-year extension is standard for many uses. He indicated that Mr. Patel is'~ an a-ea that is sensftive and that he could change owners and the Cfty could be left with someone not as responsible which could change the way the alcohol is sold. 08/05/96 Page 9 .....~....,...,. s~ w-uIO.IP_ f~A111111A1CCIr1N . SUMMARY ACTION AGENDA AUGUST 5, 1996 ACTION: Determined that the previously approved negaWe declaration is adequate to serve as the required emrironmental documentation for subject request. Approved Request. Modified Condition No. 15 of Resolution No. PC94-16 to read as follows: "15. That subject use permit is granted for a period of two (2) years, to expire on March 20, 1~8.' VOTE: 6-0 (Commissioner Henninger absent) DISCUSSION TIME: 13 minutes Selma Mann, Deputy City Attorney, presented the 22-day appeal rights. 08/05/96 Page 10 AUGUST 5, 1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA 5a. ~EQo NEGATIVE DECLARATION (PREVIOUSLY APPROVED) Continued to 5b. CONDITIONAL USE PERMIT N0. 1829 (READVERTISED) September 4, 1996 OWNER: LANDSDALE & CARR, 17662 Amstrong Avenue, Irvine, CA 92714 AGENT: 3810 E. Coast Cghway~Corona Deli Mar, CA 92625 LOCATION: a50 North Harbor Boulevard. Property is an irregularly-shaped parcel of land consisting of approximately 0.37 acres located at the southeast comer of La Palma Avenue and Harbor Boulevard. To permft automotNe repair in conjunction with apreviously-approved fire sales/installation business. CONDITIONAL USE PERMIT RESOLUTION N0. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Phil Poindexter, tenant of proposed project, 8801 E. Kaiser Boulevard, Suite 302, Anaheim, CA 92808. it ind~cat~es that srtaff is recommending denial of he proposed iteme Therefore they need more time t ~ regroup and work with staff. ACTION: meeting in order fo r heeapplicantSo meetwith staff. Planning Commission VOTE: 6-0 (Commissirner Henninger absent) DISCUSSION TIME: This item was not discussed 08/05/96 Paget 1 AUGUST 5,1998 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA ~, ~~~ NEGATNE DECLARATION 6b. ,CLONDITIONAL ~!SE PERMIT N0.3857 OWNER: PROPSR Y COMPANYCAttno 3 Ritsche1~30 Exe olive Park, Suite 100, Irvine, CA 92713 AGENT: AIR TOUCH CELLULAR, Attn: Melinda Hsu, 3 Park Plaza, P.O. Box 19707, Irvine, CA 92713 LOCATION: 385 and 405 North Moiler Street. Property is a rectangularly-shaped parcel of land consisting of approximately 1.67 acres, having a frontage m approximately 274 feet on the west side of Muller Street and located approximately 300 feet south of the centerline of Corporate Way. To permit a 15-foot height extension (91 feet total Including whip antennas) and additional antennas on an existing monopole communication antenna. CONDITIONAL USE PERMIT RESOLUTION N0. FOLLOWING IS A SUMMA'r1Y OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Continued to September 4, 1996 ACTION: meetling inin order fo rtheeappiicantso discuss the sc eenangio9t a monoipole with staff. VOTE: 6-0 (Commissioner Henninger absent) DISCUSSION TIME: This ftem was not discussed 08/05/96 Page 12 AUGUST 5, 1996 ANAHEIWI CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA 7a, ^E^A NEGATIVE DECLARATION (PREVIOUSLY APPROVED) I Withdrawn 7b. CONDITIONAL USE PERMIT N0.2042 (READVERTISED) OWNER: DAVID GRUBS, 33 Bel Court, Newport Beach, CA 92660 LOCATION: '~~3 East Ball Road. Property is an irregularly-shaped parcel of land consisting of approximately 1.24 acres, having a frontage of approximately 286 feet on the north side of Ball Road and located approximately 110 feet east of the centerline of Technology Circle. P3tftioner requests approval of installation of parts in conjunction with an existing recreational vehicle supply facilriy. CONDITIONAL USE PERMIT RESOLUTION N0. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Commissioner Peraza offered a motion, seconded by Commissioner Bristd and MOTION CARRIED (Commissioner Henninger absent) that the Anaheim City Planning Commission does hereby accept the request from applicant to withdraw subject petition. VOTE: 6-0 (Commissioner Henninger absent) DISCUSSION TIME: This item was not discussed THE PLANNING COMMISSION MEETING AD,iOURNEO AT 2:03 P.M., TO THE PLANNING COMMISSION MORNING WORK SESSION OF AUGUST 19, 1996 AT 10:00 A.M. Respectfully submitted, Elly Fe ndes, Senior Word Processing Operator Planning Department 08/05/96 Page 13