Loading...
Minutes-PC 1997/03/03SUM Y ACTION AC~ENI~A AI~TAHEI CITY PLANNING COMMISSION MEETIIVCT MONDAY, MARCH 3, 1997 10:30 A.M. STAFF UPDATE TO COMMISSION OF VARIOUS CITY DEVELOPMENTS AND ISSUES (AS REQUESTED BY PLANNING COMMISSION) • COMMUNITY SERVICES DISCUSSION OF THE PROPOSED DEER CANYON PARK PRESERVE • CODE ENFORCEMENT UPDATE REGARDING ROSE STREET 11 A.M. PRELIIvIINARY PLAN REVIEW 1:30 P.M. PUBLIC HEARING TESTIMONY COMIvIISSIONERS PRESENT: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, MAYER, MESSE COMMISSIONERS ABSENT: PERAZA STAFF FRESENT: Selma Mann Annikn Santnlahti Cheryl Flores Greg McCafferty Karen Freeman Della Herrick Kevin Bass Bruce Freeman Alfred Yalda Melanie Adams Lisa Hunter Margarita Solorio Ossie Edmondson Assislrmt City Attorney Zoning Administrator Senior Planner Associate Planner Associate Planner Associate Planner Associate Planner Code Enforcement Supervisor Principal Transportation Planner Associate Civil Engineer Police Officer Senior Secretary Senior Word Processing Operator There were no Reports and Recommendations items heard. 03-03-97 Page 2 2a. ENVIRONMENTAL IlVIPACT REPORT NO. 313 (pasvtoust,v cERTrrtEnll Continued to 2b. CONDTTIONAL USE PERMTT N0.3913 3-17-97 OWNER: AFTAB AHMAD, 2310 West Knox Avenue, Santa Ana, CA 92704 AGENT: SCOTT K. KUv1E, 92 Argonaut, Suite 225, Aliso Viejo, CA 92656 LOCATION: 1100 West Ball Raad. Property is approximately 0.43 acre located at the southwest corner of Ball Road and West Street. To permit an automobile service station with adrive-through self-service car wash facility. CONDITIONAL USE PERMIT RESOLUTION NO. SR6583KD. WP FOLLOWINGTS A SUMMARY OF THE PLANNING COMML55ION ACTION. OPPOSI'ITON: None ACTION: Continued subject request to the March 17, 1997 Planning Coaunission meeting in order to allow the peflfloner sufficient time to submit, for Planning Department review and approval, a noise study (prepared by a certified acoustical engineer) identifying whether noise attenuation is required in conjunction with the car wash operation, and defining the attenuation measures and specific performance requirements, if warranted. VOTE: 6-0 (Commissioner Pera7a absent) DISCUSSION TIlVIE: This item was not discussed. 03-03-97 Page 3 3a. CEOA NEGATIVE DECLARATION Approved 3b. WAIVER OF CODE REOUIItEMENTS Approved, in par[ 3c. CONDITIONAL USE PERMIT N0. 3908 Denied OWNER: W.C.B. 99 LIMITED PARTNERSHIP, 450 Newport Center Drive, #304, Newport Beach, CA 92660 AGENT: MICHAEL GALLEN (E.S.AJ, 2525 Cherry Avenue, Signal Hill, CA 90806 LOCATION: 120-130 North Riverview Drive. Property is approximately 2.45 acres located at the northeast comer of Santa Ana Canyon Road and Riverview Drive. To permit a three story, 42-foot high, 122-unit hotel with waivers of (a) permitted freestanding sign, (b) permitted wall signs, (c) minimum number of pazking spaces and (d) minimum structural setback adjacent to freeways and scenic highways. Continued from the Planning Commission meetings of Febmary 3, and February 19, 1997. CONDITIONAL USE PERMIT RESOLUTION NO. PC97-20 SR6466I{B.WP UiOlLLO'W~T~ rs ~ snJ-~viAlz~! a m~E ~+rr~IV~ camlvlrss;rclrr ACTII?N, OPPOSITION: 5 people spoke with concerns Jerry Newman, 515 Figeroa, Los Angeles, CA 90071: Stated they met with a number of residents in the neighborhood to address their concerns, sent them traffic reports, studies and their business performance report. They feel they have made progress relafive to the issues. He stated they have come to terms with a number of issues concerning the development and operation of the facility. -There aze still items open for discussion. Mr. Newman stated they feel the can add another 11 parking spaces. They aze sfill in disagreement with staff regazding daily maid service. He stated they have found that their clientele is happy with oncea week maid service and changing of towels twice a week. They feel that works well, is a good business operaflon, has shown to be profitable, works exceptional for their clientele and this savings allowed them be to upgrade the remainder of the exterior of the facility at a higher level than would be found at other extended stay type facilities. 03-03-97 Page 4 Michael Gallen, 2525 Signal Hill, Long Beach, CA: Stated Traffic Engineering is requesting that additional parking be added and alter reviewing the site plans they determined 11 parking spaces could be added however this may involve going into the required Scenic Corridor setback which would trigger a waiver. He indicated they have a revised plan that reflects that change should Commission look favorably at thatopflon. Keith Lindenberg (resident): Stated no one contacted him about his concerns. His major concern was the maid service. He spoke with neighbors who disagree with the project. An additional concerns are hotel vacancy and the height of project blocking his view. Nancy Tanaschuk, resident at 8451 East Ambenvood, Anaheim: Stated she was not contact by the pefltioner and was very concerned with noise as being a negative factor for the neighborhood. She concurs with the Police Dcpartrnent concerns. Ron Macke, 175 Riverview Drive, Anaheim: Stated he is concerned with overflow pazking. Pazking will become a major problem if there is ever an overflow because parking is not permitted along Riverview Drive. He wondered if this business does not survive what will it convert into, possibly apariments7 He is also concerned with the project's close proximity to the residential azea and the values of the properties possibly decreasing. Paul Fuller, 8417 Eas[ Ambernood, Anaheim: Stated he is concerned with his privacy being lost since it appears [ha[ the 3rd floor of the hotel will be in line with the residences back yards. He was also concerned with the shortage of parking. Jean Williams, 8444 Eas[ Ambenvood, Anaheim: She is concerned with daily maid service. She felt corporate businesses are attracted more towards south county rather than this proposed azea. There aze already three hotels in the azea. Rebuttal: Jerry Newman: Stated daily maid service is available to customers who pay a daily rate. Daily rate will be $190 per night for king size bed compazed with $269 weekly rate. Daily maid service will be available upon request at a higher rate for an extended stay. The extended stay maid service they aze proposing is twice a week/towel service. They do no[ anticipate site line to be an issue. Mike Gallen: Submitted their "good neighbor" policy as an exhibit to the Planning Commission which explained their lodging policies which he indicated is signed by their clientele. They only spoke with the neighbors that were present at the Febmary 3, 1997 Planning Commission meeting. He stated the homes in the immediate area would no[ be able to see the roof of their hotel. He further explained their policy allows for a maximum of rivo people per room and their clientele are primarily business travelers and corporate executives. Bruce Freeman, Code Enforcement Supervisor, Code Enforcement Stated based on past history and observations Code Enforcement and the Police Department have found that requiring daily maid service tends to have less problems and that remains as their recommendation. 03-03-97 Page 5 Michael Gallen: Stated they have all the amenities in-house such as a Laundromat and vending machines. In their search for ways to cu[ cost to their customers, they do not have a pool or other similaz amenities that could raise the price for the rooms. There aze other hotels in the community, however, he felt it would not be a fair comparison of the uses since they have a higher standard. Commissioner Bristol: Stated in looking over the "good neighbor" policy, the Hiles aze: 1) All guests must be registered, and only two guests aze allowed per room; 2) No noise or loud music is allowed; 3) Alcohol is not allowed outside guest rooms; 4) Violation or suspected violation of any state or federal laws anywhere on the premises will be reported to the authorities; 5) Solicitation of any kind is not permitted; 6) Vehicle repairs and sunbathing aze not allowed in the pazking lo[; and pets aze not allowed. I[ further goes on to say that guests who violate these courtesies will be asked to leave immediately and no refunds will be given. Commissioner Bristol asked if they could please further explain the policy. Mike Gallen: Explained this project is an $8 million investment, a serious investment, so they need to se[ roles in order to make sure everything works well. Commissioner Boydstun: Asked if the front desk is open 24 hours? Mike Gallen: Responded their office is open from 7:00 a.m. to 11:00 p.m. But someone is there to assist their guests 24 hours a day by phone. Guests aze given a key cazd. They don't have an open lobby situation. Commissioner Boydstun: Asked if there is a lockout feel Mike Gallen: Responded after 11:00 p.m. shpuld a guest be locked out there is a fee for $5 (lockout fee). Commissioner Mayer: Asked if their corporation is based on regional draw. Marcy Edler, Real Estate Agent, Arizona: Stated she is responsible for selecting the sites through detailed .analysis. They look for an azea that is safe and secure and that has business. They contract out on 5-mile radius. This area, for instance, has 200,000 employees/21,000 businesses. They then complete a demand generated survey along with travel needs. This type of hotel attracts its own segment of the mazke[. It is composed of big size rooms for only $129 a night. Residence Inn full-fills a different segment of the mazket. Hotels tend to draw 5-7 mile distance. Destinaflon is very important when trying to find a good location. This property is visible to the 91 Fwy. "Smith's" Travel Report places this location at a 4 or greater occupancy with a ratio increase. The average occupancy in California is above national average. They will charge whatever the market can bear. Commissioner Messe: Stated he is still very concerned with the lack of daily maid service since the approval goes with the land. Commissioner Bristol: Stated this type of use is very similaz to him to an SRO (Single Occupancy Room). Mike Gallen: Stated it is different to an SRO in that their guests come from corporate businesses, they do not mazket to a family. The only time they would have a family staying is when a corpomtion is relocating with families. If Commission is concerned with the possible future change in ownership perhaps a condition could be added that states if ownership changes then daily Hood service shall be provided. Cheryl Flores, Senior Planner, Planning Department Stated if the 11 spaces are added they will encroach into the Scenic Corridor setback and a waiver would have to advertised. 03-03-97 Page 6 Commissioner Bosrivick: Stated this use is too intense, there is too much development for this site, not appropriate. Mike Gallen: Stated the proposed pazking (with 134 spaces) is consistent with the other hotels in the azea. The pazking is adequate for the use. They can add another 11 parking spaces. They agree to all conditions, except the daily maid service. If there is ever a problem, it can be brought to the attention of management. Part of the corporate ideal is to know what kind of business they aze promoting. Jerry Newman: Stated the "good neighbor" policy is working. This is an appropriate site for their proposal. Selma Mann, Assistant City Attorney, City Attorney's Office: Regazding the question posed at the previous Planning Commission meeting as to whether i[ is appropriate to put a condition on a hotel that states there will not be any school children attending school coming from the hotel; she stated there aze three problems with this 1) an enforcement issue, 2) the right to public educaflon and 3)the extreme difficulty to fashion a condition that did not in some way have the appeazance of being discriminatory towazd children and families in violations of the fair employment housing act. Chairman Messe: Following the testimony, he asked Bruce Freeman whether his opinion regarding maid service had changed. Bruce Freeman: Stated his opinion regazding the maid service had no[ changed. The concerns that they have is that all of the locations visited recently all started out in the same manner, all upscale hotels. This applicant might be an excellent operator but what happens if their company is bought out or sold, [hat is what needs to be looked at, long term. Commissioner Boyds[un: Stated she felt there might be a need for this type of development but perhaps at another location where is commercial and there is more land and parking. Commissioner Mayer: Staled she also agreed that the site does not seem appropriate for this use. Commissioner Henninger: Stated he is concerned with pazking, particulazly at this area where there is not much parking. It is also a site that would avail itself to some type of reciprocal pazking agreement with the surrounding offices which do not use their pazking in the evenings. Commissioner Bostwick: Offered a CEQA Negative Declaza6on, seconded by Commissioner Henninger and MOTION CARRIED. Commissioner Bosrivick: Offered a moflon denying all waivers of code requirements (not sufficient hardship on the property to justify the freestanding signs or the wall signs with the number of pazking places), seconded by Commissioner Bristol and MOTION FAILED TO CARRY WITH A TIE VOTE. (3 to 3) Commissioner Bostwick: Then offered a motion denying waiver of code requirement on the number of parking spaces and approving waivers A, B and D, seconded by Commissioner Henninger and MOTION CARRIED. Commissioner Bostwick: Offered Resolution denying Conditional Use Permit No. 3908, that there is visual intrusion, the development is excessively dense for the size of the property requiring a pazking waiver (which has been denied). Resolution passed with 5 yes votes, Commissioner Henninger voting no. 03-03-97 .Page 7 Selma Mann: Right of appeal. She explained the Planning Commission has approved a Negative Declaration as the appropriate environmental documen[a6on for tius project approved waivers A, B and D, denied request for a parking waiver and denied the application for Condiflonal Use Permit No. 3908. ACTION: Approved Negative Declaration Approved, in part, Waiver of Code Requirement: Approved Waivers (a), (b) and (d) and denied Waiver (c) pertaining to minimum number of pazking spaces. Denied Condiflonal Use Permit No. 3908 on the basis that the proposed development is excessively dense for the size of the property and that it would cause visual intrusion. VOTE: 5-1 (Commissioner Henninger voted no and Commissioner Peraza was absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 1 hour and 6 minutes 03-03-97 Page 8 4a. CEOA NEGATIVE DECLARATION Continued to 4b. CONDTIIONAL USE PERMIT NO. 3912 3-17-97 OWNER: KENNETH J. CUMMINS, TRUSTEE OF THE COUCH LIVING TRUST, 4041 MacArthur Blvd., A360, Newport Beach, CA 92660 AGENT: TEAM RENTAL OF SOUTHERN CALIFORNIA , dba BUDGET CAR AND TRUCK RENTAL, At[n: David Sleeves, 1549 North Fern Street, Orange, CA 92667 LOCATION: 2144 South Harbor Boulevard (Arby's Restaurant). Property is approximately 0.55 acre located approximately 500 feet south of the centerline of Orangewood Avenue . To permit the conversion of a fast food restaurant to a track and automobile rental lot. CONDITIONAL USE PERMTT RESOLUTION NO. WP2 FOLLOWING IS A SUMMARY OTi THE PLANNING COMMISSION ACTION« OPPOSITION: None ACTION: Confinued subject request to the March 17, 1997 Planning Commission meeting in order to allow additional time for the petitioner to submit revised plans indicating improvements that need to be completed on the property. VOTE: 6-0 DISCUSSION TIME: This item was no[ discussed. 03-03-97 Page 9 Sa CEQA NEGATIVE DECLARATION (PREVIOUSLY APPROVED) Sb. CONDITIONAL USE PERMIT NO. 3876 (READVERTISED) OWNER: GLENDALE FEDERAL BANK, FEDERAL SAVINGS BANK, 401 North Brand Boulevazd, Suite 534, P.O. Box 1709, Glendale, CA 91209 AGENT: UNITARIAN SOCIETY OF ORANGE COUNTY, Attn: Jim Gibson, 918 West Lincoln Avenue, Suite I, Anaheim, CA 92805 LOCATION: 511 South Harbor Boulevard. Property is approximately 0.54 acre located a[ the southwest corner of Santa Ana Street and Harbor Boulevad. Petifloner requests waiver of required site screening and review and approval of revised exhibits pertaining to apreviously-approved church. CONDITIONAL USE PERMIT RESOLUTION NO. PC97-27 Approved Approved revised plans and waiver of required site screening FOI:LQWINGTS ASUIVIIFTA~Y0..>w TI~~I~kNNING GOMMISS„Ql•F.AC.'T[AN ... . .::.... .. OPPOSTTION: 1 person spoke with concerns Moms Ogden, Minister of the Unitarian Church of Orange County: Stated he is concerned with the staff s recommendation to erect a 6-foot high wall along the alley on the west side of the property. It appeazs this would require making some changes in the current landscaping that would create three or four fewer pazking spaces than they now have It would also obscure the view of the school open space across the alley which has a chain link fence. In the future should the church obtain permission to allow the children to go over on Sundays, they would be able to keep them in sight rather than having a wall in the way. The wall would also be a tazget for graffiti and i[ would be at considerable expense which they see no advantage to the Ciry or to their use of the property. 03-03-97 Page 10 June McIntyre, represented Don McIntyre and their Tms[, resident at 917 Wes[ Sycamore Street, Anaheim: Stated their business adjoins at 511 Harbor Blvd. They welcome their new neighbors, however, she did have some concerns: She felt the fence that would be built in the back of the properly cvould enhance the professionalism of the azea on the east side. When they moved into the property i[ was in 1970 and at that time Code did not require fences for the property. In order to keep the site professional looking, there needs to be a uniform appeazance and also block out the noise from the school which is loud resulting in another loss of renter. They have gone through 2%a yeazs of objections from their renters regarding children coming through and too much noise from the school resulting in only able to chazge on 45¢ per squaze foot. A wall would be very important to buffer the school noise. Unless they receive some help they will possible go bankrupt on that property. She is also concerned with the trees since she feels it would invite people picnicking, children to play in that area, swap meets, etc.. The trespassing across the property with the wall they have a better chance of keeping people from trespassing through the property. The more access they have to those properties the more likelihood that they will come done through their properties instead of using the sidewalks as they should. Ted Shappen, 511 Elsinore, Omnge: Stated he has been a member of the church since 1960. He thought the Mrs. McIntyre's properly was further south and was not directly adjacent [o the comer that the church is located. The wall being referred to is on the northwest comer of the play yard. It is not neaz the school building or school noises [hat would have to be quieted by the wall. There is no entrance into the school at that point, the entrance is much further south. A wall there would do nothing to keep children from entering along the alley. He agreed with Jim Gibson's letter (dated January 15, 1997) which stated the wall would serve no useful purpose. ff they would have to reduce their pazking spaces it would mean they could no longer pazk at an angle which would make it more difficult for people to use the pazking lot. Ruth Shappen: Stated the patio that the minister referred to would be very small, there is not enough room for a patio that would attract picnickers, etc. They have a very small congregaflon. Chairman Messe: She brought up a subject, the patio, that they aze not awaze of. Ted Shappen: Responded there is a little gross azea on the northeast part of the properly that might be used, but it is not part of the plan. PUBLIC HEARING WAS CLOSED Chairman Messe: Stated there was a garage sale last Saturday on the lot and asked Minister Ogden about it. Moms Ogden: Responded they did have a gazage sale. They had a great deal of property from their prior location and that gazage sale was a one time occurrence. Commissioner Boyds[un: Offered a motion for approval of a previously approved CEQA Negative ' Declamflon, seconded by Commissioner Henninger. Commission Boydstun: Offered Resolution for approval of Conditional Use Permit No. 3876 including the waiver of required site screening . Selma Mann, Assistant City Attorney, Ciry Attorney's Office: Rights of appeal. She explained the Planning Commission has determined that the Negative Declaration that was previously approved is the appropriate environmental documentaflon for this project and has approved the revised plans with waiver of required site screening. 03-03-97 Page 11 ACTION: Determined that the previously approved negaflve declamtlon is adequate to serve as the required environmental documentation for subject request. Approved revised plans for Conditional Use Permit No. 3876 and waiver of required site screening based on the following: (a) That the property has public alley access and that visibility and safe circulation will be maintained without [he construction of the 6-foot high wall. b) That the mature trees on the site will serve as a partial visual screen and still allow for safe circulation. Added the following condiflons to Resolution No. PC96-112, granted in commecflon with Conditional Use Permit No. 3876: 1. That within sixty (60) days from the adoption of this resolution, plans shall be submitted to the City Traffic and Transportation Manager for his review and approval in conformance with the current version of Engineering Standazd Plan Nos. 436 and 601/602 pertaining to pazking standazds and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 2. 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 aze on file with the Planning Department mazked Revision No. 1 of Exhibit No. 1. VOTE: 6-0 (Commissioner Pera7a absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. I)ISCIISSION TIlVIE: 17 minutes 03-03-97 Page 12 Ga. CEQA MITIGATED NEGATIVE DECLARATION Continued to Gb. WAIVER OP CODE REOUIItEMENTS 4-14-97 Gc. CONDTTIONAL USE PERMIT N0. 3910 OWNER: CLAYTON EUGENE SCARBROUGH AND DONNA JEAN SCARBROUGH, TRUSTEES; CLAYTON EUGENE SCARBROUGH, TRUSTEE, P.O. Box 18957, Anaheim, CA 92817-8957 AGENT: JACK STANALAND, 1590-10 South Coast Highway, Laguna Beach, CA 92651 LOCATION: 1400 and 1474 South Douglass Road. Property is approximately 25 acres located on the east side of Douglass Road, approximately 1,080 feet north of the centerline of Katella Avenue. To construct an approximate 362.,174 square-foot entertainment complex with sales of alcohol for on-premises consumpflon consisting of an approximate 95-foot high lighted obelisk tower, up to 28 retail spaces totaling approximately 42,200 squaze feet, up to 10 restaurants totaling approximately 72,750 squaze feet, up to 12 nightclubs totaling approximately 60,000 squaze feet, an approximate 20,659 squaze-foot exhibition hall, approximately 5,000 squaze fee[ of office azea, and a 7- story approximate 148,750 squaze-foot, 300-room hotel with waivers of minimum number of pazking spaces, maximum structural height, permitted encroachments into required yazds, required pazking lot landscaping, permitted type (mazquee), permitted number, permitted squaze-footage and permitted height of freestanding signs and permitted number and permitted squaze footages of wall signs. CONDTTIONAL USE PERMIT RESOLUTION NO. SR6445DH. WP FOLLOWING IS ASUMMARY OF THE PLANNING COMMISSxON ACTION, OPPOSITION: None Annika Santalahti, Zoning Administrator, Planning Department: Corrected, for the record, an error in the staff report regazding the calculation of the number of pazking spaces. The Code waiver indicated that only 399 pazking spaces aze proposed that comply with Code. In fact, it is about 570 parking spaces or 26% of the Code requirement Everywhere in the staff report the number appears, it is going to be off accordingly. The Electrical Engineering Division provided five conditions that the Commission and the applicant have received a copy of and these conditions were discussed at the Prefile meeflng, which aze as follows: 03-03-97 Page 13 1. That the existing Cindy 12KV Overhead Circuit on the east side of Douglass Road fronting the project shall be underground. The cost (1100' at approximately $150 per foot) shall be paid by the developer. The City Utilities installs the cable and equipment, the developer installs the conduit and substructures. The cabling fees shall be paid to the Electrical Engineering Division prior to issuance of the building permits. Substructure work, cabling and removal of poles shall be completed prior to compleflon of the road widening along Douglass Road. 2. That the developer shall install street lights on the Douglass Road frontage of the project (1100 feet) to be completed prior to issuance of occupancy permits. 3. That easements shall be provided a[ various locaflons throughout the development for the placement of underground and surface mounted electrical equipment as required by the Electrical Engineering Division. 4. That the developer shall provide an underground conduit and substructure system within the project for electrical service to the proposed buildings as required by Electrical Engineering. 5. That the fees shall be payable to the Electrical Engineering Division in accordance with the City of Anaheim Rules, Rates and Regulations prior to installation of the in-project electrical facilities. Phillip Anthony, presenflng the applicant: Stated the project is a major new project for the City in a very critical location in the Stadium azea, just immediately north of The Pond. It is planned to be an entertainment retail center which would include a number of fine high quality restaurants, entertainment venues and resort type retail Including the hotel (as phase II) there is over 360,000 fee[ of development, the hotel is just under 150 so that gives just over 200,00 squaze feet of the entertainment retail center itself. Facing Douglass Road [here aze five freestanding restaurant There will be another even lazger anchor theme restaurant in the other buildings themselves. The project is known as "The Quarter" because the planning is a New Orleans French Quarter theme which will feature that kind of entertainment, music and related quality night club entertainment. They feel this site is appropriate for the use because 1 J It is the kind of use though[ of in the Anaheim Stadium Master Plan Area. 2,) It is extremely well buffered from any surrounding uses that might be sensitive. The proposed project is another use next to The Pond which will tend to smooth out the peak traffic volumes for The Pond. This gives people going to The Pond something do either prior or after a Pond even[. The surround pazking is event parking and they choose this for their facility because they felt it was more important to try to keep the number of pazking spaces available in the azea to the maximum. They look at this facility as additional pazking (shazed pazking) for The Pond on major events. They feel their facility by itself would be destination pazking but couple it with The Pond next door, they believe their even[ activity really hasan effect on their pazking needs. - The environmental issues with a project this size aze always important but because of the location the oiily environmental impact would be the traffic. They did have a comprehensive traffic study as well as a pazking study which it shows that the traffic impact is no[ that profound and can be easily mitigated by the street widening and the signal at the Cerritos end of the property. 03-03-97 Page 14 Alan Hibbs, Alexander and Hibbs Architect, 1200 North Jefferson, Suite A, Anaheim: Stated this is an entertainment destination project Visible from both directions on the 57 Fwy. It is intenflonally designed [his way with position of the buildings on the property so the project can be seen from both directions on the 57 Fwy. They are creating a main pedestrian en[mnce down the access of the facility as one progresses down the street scene it will be a "New Orleans" street fair with shops, cafes, night clubs one goes down to an open plaza where they have vending and lazge exhibitions and entertainment. Further on, one comes to a water feature which would give you a feeling of being in New Orleans. They are emulating a mausoleum in the comer which becomes a focal feature of the whole complex. They have created an entrance [o an underground night club through that architecture. He compazed this facility to City Walk in Universal Studios. Mr. Hibbs stated there are 16 feet of landscaping along Douglass Road that they aze providing, 8 %, feet are into their property and 8 feet on the City property side. A 5 foot sidewalk with 8 feet of landscape on the City side right-of--way and 8%: feet on their property. Further down Douglass Road to the Arena area the street will be lined with palm trees and planters . The street will be enhanced considerably. As faz as the landscape of the overall plan, they are providing more trees in landscape azeas than would be required by some of the criteria given to them by the Flanning Department The terra cottas are actually pedestrian walkways and so they aze adding a ]ot oFenhanced pavement to the project. The sweets are lined with palm trees. Once on Douglas street the public is well directed into their project. Jack S[analand, 15 90 -10 South Coast Highway, Laguna Beach: Stated regarding the landscaping, on the east side, there are 10 to 18 feet of landscaped area that is off the property. When the City built the Arena the huge wall separating the pazking lo[ sits on top of the berm so there is space there. There is also approximately 5 feet on the south side next the wall off their property line, i[ pertains to where their parking encroaches into some of the setback azea. Looking at some of the pazking around them, it all goes right up to the curb and there aze no setbacks. Most quality restaurants have valet parking, whether [hey make it single space or valet, it is basically going to be used as valet pazking. Paul Singer, 7163 Columbus Drive, Anaheim 92807: Stated he measured many of the pazking spaces at the Arena and across the street and concluded they all have 20 foot aisles including the VIP box parking at the Arena. The idea is to maximize the parking for this project. The parking area for The Pond could be arranged with standard pazking per Code. It would obviously reduced the number of available pazking spaces but will be more than adequate for the proposed project using the sharing parking concept. The retail parking by itself will not generate any traffic outside of the employees. The reciprocal parking between the restaurants and night clubs would also be fairly frequent. People using the restaurant may also avail themselves of the various entertainment provided by the project, therefore, the demand for pazking would be reduced: If the pazking lot would be mazked with standazd parking that would still only require 1663 parking spaces. The majority of good restaurants provide valet parking (i.e., Mr. Stox's Restaurant) and he does not see any problem with tandem parking for valet specific purposes and feels it should be retained. D3-03-97 Page 15 Annika Santalahti: There is incredible visibility to the northwest corner of the property from the Orange Fwy. (57). The buildings aze particularly visible looking down from a height of about 40 feet. The valet pazking has been proposed in the most visible location. Generally customers expect to park within a reasonable distance, but in this project regulaz customer pazking is being pulled out essentially as far as the stripping is shown. The birdseed view, the reason it was not included in the packets was that it shows landscaping in that particulaz pazking area, that is not a tme reflection of what the actual exhibit shows. It also shows a birdseed view from possibly a helicopter, so it is not a real birdseed view from the freeway. There is also the view from the higher levels of the Arena building which you do look into this azea, therefore, there is an interest in the landscaping and the pazking azea on that particulaz side even though the pazking in the far end to the east might not have a lot of landscaping because it is behind. Staff would like to see a continuance in order for the petitioner to take a closer look at trying to provide the parking, eliminate the tandem pazking at leas[ at that location, and provide real pazking spaces. Alfred Yalda, Principal Transportation Planner, Traffic Engineering Division: Stated when a 90 degree angle pazking is used the maximum use of the property used, but when it is changed the amount then is reduced. The Arena does not have events seven days a week. It is more like 2 or 3 nights a week when there are events. Some events aze large and require more pazking and on other events the pazking is more than adequate. He stated he has never seen anything that requires 71% of the parking to be tandem pazking, it is not realistic. It appears all the prime parking is designated for tandem and vale[ pazking. Traffic Engineering staff recommend that the frontage parking be redesigned to meet parking Code. Valet parking should be located at the azea that is least accessible by the customers which is how it is generally done, Commissioner Mayer: Asked if she understood correctly that the retail businesses would not need pazking. Paul Singer: He did not see customers paying an entrance fee to get into the facility to go shopping. Commissioner Boydstun: Asked if the retail stores would validate for their customers. Paul Singer: He did not think Disneyland or Knott's Berry Farm validates. Commissioner Boydstun: Asked to verify that there would be an admittance fee and not just parking fees. Phillip Anthony: Responded the basic concept for these types of facilities is at leas[ in the evening, there is an admission chazge to the entertainment center azea and they always plan to have some kind of pazking fee in balance with The Pond so the pazking demands would not be distorted. The basic approach would be to have a fee to get into the entertainment center, at least, in the evenings, whether or no[ there is an event at The Pond. Commissioner Bostwick: Asked if customers going to the restaurant would pay the pazking fee or would they haveaccess from the outside. Phillip Anthony: Responded the 5 outside restaurants do not have a gate fee, only a pazking charge. The gate fee is only to get inside the entertainment complex. Commissioner Mayer: Inside the entertainment complex is the an outdoor amphitheater with music. Phillip Anthony: Most are small to medium size night club and shops, restaurants inside the complex. Commissioner Mayer: Asked if there would be amplified music outdoor. 03-03-97 Page 16 n Phillip Anthony: Usually indoors, in the clubs. There would not be any high decibel type concerts Commissioner Bostwick: Stated there was a quesflon earlier about stacking at the entryway to the toll booths for the pazking and asked how many cars would be involved. Phillip Anthony: The use is spread out over the day that some of the shops and restaurants will open at approximately 11:00 a.m. and until 12:00 Midnight or 2:00 a.m. Except tied to a Pond event, they do not anticipate a peaking point a[ all. Paul Singer: Stated he looked at the entry and that is why there aze three lanes but he did not expect more than 400 peak entry at any one time and based on that it is not going to backup. Commissioner Mayer. Stated she is interested to know what is going [o be on the outside azea. Chairman Messe: Asked ff there would be two admissions, parking and entrance to the entertainment complex. Phillip Anthony: Responded there is a parking charge and, at least in the evenings, there would be a charge to get into the entertainment area. Most entertainment would be inside, in the night club type settings. There would be street vendors and street scenes and store fronts, displays, etc, However, it is not meant to be an outdoor entertainment facility. There may be a occasional musician strolling around for atmosphere but it is no[ a lazge concert type. Commissioner Henninger: Stated the sweet scene at City Walk is very often on weekends crowded with people. Commissioner Bostwick: Stated in New Orleans they close the streets at night and it becomes very active with people outdoors. Commissioner Bristol: Asked if anything can be done regarding the line of sigh[ from the 57 Fwy., as faz as enhancement of the parking lot and/or movement of the facility. Phillip Anthony: Responded after this mornings discussion he drove by the facility. It is true you do get quite a view of the whole azea going north on the right lane. The freeway is fairly low at the south end towazd Katella and it rises as you go north. At the north end it is probably 40 feet above grade level. The view is a little lower and you can see the totally vacant pazking lots on the west side of Kateila and the you start looking at an angle across the other side. Moving the buildings forwards does not seem to be an advantage. They would rather work with staff on focus landscaping in the front parking lo[ area. If the buildings come to close to the freeway then you would get more of a roof view and less of a building side view. - - Commissioner Bristol: Stated the tandem and the aisles appear to be event parking. An argtunent can tie made that this is not an even[ facility. So there is a discrepancy between what the petitioner said vs. staff. Phillip Anthony: Responded cleazly their facility by itself would no[ be event pazking. Their feeling is because of the impact of events at The Pond they would be effected by Pond events because there will be huge pazking demands as there aze now at Pond events and they feel they will have people come before and after Pond events. 03-03-97 Page 17 Chairman Messe: Stated at The Pond people aze arriving and leaving at the same time, they aze directed on how to enter and exit parking. Alfred Yalda: He has no[ heazd since opening date of any parking problems at The Pond. The only pazking problem at The Pond that he is awaze of was last yeaz when there was were speakers from all over the world, in which there were about 17,000 people driving into The Pond. Phillip Anthony: Stated they have done studies on all kinds of pazking variations and they have studied putting 100% to Code which does reduce their current count to 206 spaces. It is not a devastating decrease but it is a decrease. If they made i[ entirely at Code they would have 1,976 spaces. Commissioner Henninger: Stated he would like more information regarding the comparison of this project with City Walk. This information would be very useful to Commission in determining what to do on the site. Further discussion continued regazding pazking spaces. Commissioner Bostwick: Asked what would happen if they deleted the proposed hotel from their proposal since it would help their pazking element. Phillip Anthony: Their pazking includes the pazking needs of the hotel in as phase two. PUBLIC HEARING WAS CLOSED Commissioner Henninger: Stated he agreed this is a major project in a critical location and he thought there is a significant possibility that this general azea will have very substantial cumulative impacts. There is the Stadium, Sportstown, The Pond, the City of Omnge, The Brewhouse & Eatery across the street and he thought perhaps an EIR report should be done or wait for the EIR report of the azea (which is currently in progress) [o be completed for the azea. Chairman Messe: Asked the status the EIR for the azea. Greg McCafferty, Associate Planner, Planning Department: Stated [he draft screencheck of the master plan should be available for public review someflme this summer along with the master EIR which comprehensively covers the whole Stadium azea. With regazd to this use there was a traffic study, pazking study, drainage and sewer technical reports done. It did analysis cumulative impacts for traffic because it went beyond the City boundaries in terms of intersection analysis. Even thought it was not a complete EIR it was comprehensively analyzed under an expanded initial study and everything is miflgated to a level of insignificance. Commissioner Henninger: Asked if [he study was done by the applicant's traffic engineer? _ Greg McCafferty: Yes. Commissioner Henninger: Asked if it would not be better to collect funds and hire an independent consultant to do that. 03-03-97 Page 18 Alfred Yalda: Responded as faz as the impact is concerned, the City has a Citywide traffic model that addresses all these issues and so the applicant was informed. So most of the data and data collection was based on the Citywide model It was dictated to [he applicant the intersections impacted and what distribution should be taken. As faz as the scope of the traffic study is concerned, there is a Citywide model in place and all applicants are required to use this Citywide model in order to input all the information on their traffic study. Chairman Messe: Asked if that Citywide model includes the cumulafive projects that we know about? Alfred Yalda: Yes. Chairman Messe: Asked what Douglass and Cerritos was going to look after if this project is completed? Greg McCafferty: Stated he has taken a look at that, he asked the Traffic Engineer about cumulative analysis and whether he factored in the Sportstown EIR. The traffic modeling that was done with this project was done with the same Traffic Engineer, Austin Faust and Associates. They have indicated to that the Sportstown project was factored in terms of the cumulative background levels. Greg McCafferty: Stated it is always staff s recommendation in terms of how faz they go with the environmental determination. It is solely in the Commission's discretion whether they feel there is a need based on the project to go beyond the mitigated negative declaration stage. The same issues that aze involved here with the mitigated negaflve declaration would be studied under the EIR With the EIR process staff would likely get more involved with the process in terms of the final product and outcome of the EII2 because there is more time. Commissioner Boydstun: Asked if City Walk charges admission? Retail parking is very low and there aze 251ocations on the sketch [hat shows retail. If admission is required to enter plus parking, she does not see how that retail is going to make it What will [hey become if they are not retail and how would that effect the parking needs? Commissioner Henninger: Stated his recollection is that the only admission City Walk charges for is parking. It is in a location where you have to use thew parking. Alfred Yalda: Suggested perhaps Commission would like to duec[ the applicant to do a comparison study with their project vs. City Walk. As faz as the number of lane concerns on Cerritos and Douglass, on page 2 of the Mitigation Monitoring Plan there is a section on traffic which indicates the amount of lanes. Paul Singer: Following the completion of the project Douglass Road will have two lanes on each direction with a central turn lane in the middle. Alfred Yalda: There would be an additional lane for this project, aright-turn access lane Chairman Messe: Would Cerritos remain the same? Alfred Yalda: Responded Cerritos will be modified to become a "T" intersection that will be signalized. Chairman Messe: Stated during a Pond event you would not be able to turn left onto Douglass from their project's northern exit and would need to continue onto Cerritos. Paul Singer: Stated during the time of exiting during the heavy influx of traffic there will be control. 03-03-97 Page 19 Alfred Yalda: Stated during events at the Arena all of the Douglass Road is under the control of the Police Department and their Traffic Control Center, therefore, regazdless of the traffic signal the Police Officer has the firs[ priority to they dictate how the traffic is going to flow out of there. Commissioner Mayer: Asked regazding their shuttle bus lane amenities. Phillip Anthony: Responded they do expect to have a lot of uses, shuttle buses as sell as other kinds of buses bringing people in from various locations. That entire lane along the front of the main entrance is designed for that use. The valet is mostly on the lower part but on the south entrance facing The Pond there is an entire lane along that entire frontage which is exactly for the use that Commissioner Mayer referred to. There was further discussion related to shuttle bus service. Phillip Anthony: Stated these are design questons that the EIR would not answer. At [his stage, to be sent back to do a full EIR study would be devastating since it would involve 6 months to a 1 yeaz to complete an EIR process and their analysis and staff s analysis did not feel that was necessary with an adequate Mitigated Negative Declaration. Chairman Messe: It is an exciting project, however, he is concerned some of the design issues not in the report which might cause congesflon or other things to happen that they are not awaze currently awaze of. Phillip Anthony: Responded they are talking about a site plan level not the actual final building plans and perhaps they need to go back and due a little more than what normally would be done at a site plan to show some of these details that Commission is questioning and they could certainly go back and show more of them on a plan of this level. Commissioner Mayer. Asked if they have an amount of time that they are projecflng the average person would spend at their facility. Mr. S[einam: Stated the types of retail are peripheral to the restaurants and night clubs and feels not many people will go just to shop. Daytime business will be primazily restaurant business. Night time they aze anticipating approximately 2 to 3 hour stays. Selma Mann, Assistant City Attorney, City Attorney's Office: Stated the Commission seems to have a number of questions with regard to the environmental analysis and the potential for an EIR and the extent of the analysis that has been done on the Mitigated Negative Declaration. The determination that the Planning Commission makes in approving a Mitigated Negative Declazation is that there are no significant environmental impacts which have not been mitigated by particular measures to a level of insignificance and it maybe that processing is not sufficiently clear from the informafion that is before the Commission. Commission could direct staff [o prepare some information that may clarify that process. Anothei matter is that with the Mitigated Negative Declamflon the Commission must impose Mitigation Measures that reduce the impact to a level of insignificance. Unlike the EIR, there is no place in the Miflgated Negative declaraflon for any sort of statement of overriding considerations or any type of decision like that along the lines of the mutual parking benefits that seem to be suggested by the applicant It would have to be a situation where the measures completely miflgate to a level of insignificance, the impacts that are identified and possibly that could come back to Commission on an impact by impact chart or matrix that address the issues. Commissioner Bostwick: Suggested that the matter be continued for 60 days and during that time that they get information either by staff or by the applicant on City Walk parking comparison. 03-03-97 Page 20 Commission Henninger: He also agreed on an independent report on the comparison of City Walk Commissioner Mayer: Stated for clarificaflon she had a question, in the pazking study it refers to 2,659 s.f.. of meeting rooms but on the staff report refers to an exhibit hall with no anticipated hours of operation. She would like more information on this in the future. Mr. Steinem: That azea is designed as an exhibit hall very much like to the Sequoia Room in Buena Pazk where they have fimcflons primarily in the weekends. In the Code it required 3.3 pazking spaces per 1,000 and staff indicated they wanted to refer [o it as meeting rooms instead which also increase the pazking. However, it is designed as an exhibit hall. Commissioner Bristol: Stated he likes the project. He suggested [o move this from eight to six weeks as staff has suggested which would help the applicant by two weeks. Greg McCafferty: The base environmental information is there, the technical reports aze there, i[ is just a matter of translating that into something that [hey can put into a staff report and document and carry that over to Mitigaflon Measures. Yes, that can be done with the applicant's cooperation depending on when the applicant gets the information back to staff with regazd to the traffic study. Commissioner Henninger had indicated they wanted City Walk as a case study and that would take some modification to the traffic study and then some review by staff to make sure that they agree with what is being said in the traffic report and in the conclusions. Greg McCafferty: Stated a continuance to April 14, 199'7 is acceptable and at that time if Commission believes based on that information, that they should go to the next level E1R, there would be enough information at that time to decide that. He asked whether Commission would like the applicant to work with staff on the design or is the building placement (moving it closer to Douglass) adequate as it is now. Commissioner Bostwick: Responded he did not have a problem with where it is located as long as they place the landscaping out front and in that pazking lot, which is what they have indicated they can do. Chairman Messe: Asked the applicant if they understand what has been requested. Commissioner Bostwick: Asked ff there is any direction as faz as signage is concerned. Chairman Messe: Asked staff how far above the freeway is the sign, Annika Santalahti: Responded 50 feet assuming the freeway is 40 feet at that location, a 90 foot high readerboazd type mazquee sign. Commissioner Henninger: That would give people an easy way to find it and from the other side of the freeway it is a little bit down but he does not feel a readerbeazd is needed there. Annika Santalahti: Stated if one uses the Arena as the basis for any comparison, the Arena does have a readerboazd but it is on ICatella, it's a surface street oriented readerboazd sign. It is visible at a distance from the freeway but it is cleazly not designed to be read from the freeway. 03-03-97 Page 21 Commissioner Henninger: Stated there has been much discussion regazding the Arena and the pond and he recalled the zoning ordinance does not apply to public uses it applies to private uses. Those uses are considerably different than what is being proposed here and he does no[ feel those comparisons aze valid, it is just a different use. Commissioner Bristol: Asked about the light on top of the obehsk tower. Mr. Steinem: Responded it is a globe, it is not a laser beam. ACTION: Commissioner Bostwick made MOTION for continuance to April 14, 1997, seconded by Commissioner Bristol and CARRIED. ACTION: Continued subject request to the April 14, 1997 Planning Commission meeflng in order for the applicant to meet with staff and submit detailed plans. VOTE: 6-0 (Commissioner Peraza absent) DISCUSSION TIl1YE: 1 hour and 17 minutes 03-03-97 Page 22 7a. CEOA NEGATIVE DECLARATION Approved 7b. WAIVER OF CODE REQUIREMENTS Approved, in part 7c. CONDITIONAL USE PERMIT NO. 3909 Granted, ip part OWNER: UNION OIL COMPANY OF CALIFORNIA, dba UNOCAL, A CALIFORNIA CORPORATION, Attn: Mazk Smith, 555 Anton Boulevazd, 6th Floor, Costa Mesa, CA 92626 AGENT: UNITED OII., Attn: Jeff Appel, 18525 South Main Street, Gazdena, CA 90248 PHILIP SNIDERMAN & ASSOCIATES, 10806 Cactus Avenue, Hesperia, CA 92345 LOCATION: 1201 South State College Boulevard Property is approximately 0.52 acre located at the southwest corner of Ball Road and State College Boulevad. To permit an automobile service station and accessory convenience mazket with retail sales of beer and wine for off-premises consumption with waivers of (a) minimum strrrctural setback adjacent to Ball Road, (b) minimum landscaped setback adjacent to interior property lines, (c) permitted location of freestanding signs and (d) minimum retail sales azea. CONDTTIONAL USE PERMIT RESOLUTION NO. PC97-22 ~ SR6578ICP. WP ~'Q~~«f?Vs'I~!TG...IS#XSTTI6~~TARYUF"1'3'x%~,NN~TCsgl4llYxl$SI<7~TA~';~t3i*~. ,...,...:;.i OFPOSITION: None Phillip Snyderman, agent for Union Oil: Stated he did have some questions with regazd to recommendaflons by the Planning Department staff. 1) On the west property line on the project. There is a building 1 foot off the property line and if they were to plant trees along that anywhere in the planters [hey might be creating a problem with their neighbors. 2) Any leaves that could have blown into his roof system where he might have scuppers that could block off some scuppers. They feel there should be some reconsideration with _ _ regazd to the planting of Vees along the west property line. On the plans they aze dedicating 19 fee[ as State College and 12 fee[ of property in the future along Ball Road. Currently as it exists as long as the widening is on done soon, they will be landscaping that area with lawn so that in the future when anything does come out it is no[ going [o be anything of any great significant value. ARer the dedication they will have a 5 foot strip there of landscaping and it is requested that they put trees in that location and he thinks that if you take into account access and visibility coming in and out of either one of the exists (State College and Ball) there is the possibility that it could impair visibility. Clumping them all up in the corner would not be a good solution. It would be blocking off some of the visibility that they would want in regazd to the gas station. 3.) He would like to know some criteria and some idea of what that consists of regazding the WQMP Plan. 03-03-97 Page 23 PUBLIC HEARING WAS CLOSED Chery] Flores, Senior Planner, Planning Depaztment• Stated Code does require one tree in a 4 ft. X 4 ft tree well on 20 foot centers along the west side of the property. Staff does realize that it would be impossible to plant the trees between the existing and the proposed building. The existing building being on the property to the west, however, the rest of the property line which is approximately 60 lineaz feet could certainly be utilized to plan[ the trees in that azea. As faz as the trees along the street frontage, they aze no[ shown on the plans. They did no[ advertise for a waiver of those trees, [hey though[ it was just an oversight on the applicants part since it is a Code requirement to have one tree in that azea per 201ineaz fee[, however, they can be clustered in those areas along the street frontage. Melanie Adams, Associate Civil Engineer, Public Works Department: Stated the Water Quality Management Plan or WQMP is the plan that the developer will implement to prevent or greatly reduce the amount of pollutants going into the storm water system. They include such thing as putting a canopy over the fuel islands and other operational things that the fuels items to minimize any spills getting into storm water. They also include such things to managing their landscaping such as minimizing or smart use of fertilizers and pesticides so that those aze no[ washed into the storm drain system. There is a set of procedures that the developer would follow with a full set of guidelines. Phillip Snyderman: Asked if there is any physical equipment that is involved. Melanie Adams: Responded someflmes there is physical equipment involved It would include in some cases oil water sepazator. In a case of this size something like a water quality filter/acflvated carbon type filter that could be removed from a catch basin inlet to catch grease and oil. This is a Federal requirement and requirement similar to what they aze imposing would be anywhere in Orange County, we're operating under the same permit. Chairman Messe: Asked if Mr. Snyderman understood about the trees Phillip Snyderman: Responded basically you still want the trees on the west property line. He thinks that is a prudent decision. The reason he asked is if he could find trees that they could put in a 4 foot planter that is not the issue, the issue is the dome of the tree when it starts getting wider you know the tree is going [o get wider than 4 feet in diameter and going to be rubbing against the neighbors building. Chairman Messe: Stated may be he does not understand where the neighbors building is. Phillip Snyderman: Responded it is right on the property line. It is the full length of the building except for the front setback. They have a triangular space there that they have two trees in that is taking two of the trees, ff they put the trees in on the north and south of the building there is a 3 foot planter that they put in there, they do not mind increasing that to 4 fee[, that is not the issue. Phillip Snydennan: Right now it leaves a very narrow spot at the comer for trees, but we could plant a palm tree. Commissioner Henninger: Offered motion for approval of CEQA Negative Declazation, seconded by Commissioner Bristol and MOTION CARRIED. 03-03-97 Page 24 Commissioner Henninger: Motion to approve the code waivers on (b) and (c) on the interior landscaping waiving the spacing of the trees, no[ the number, seconded by Commissioner Bristol and MOTION CARRIED. Commissioner Henninger: Offered Resolution for approval of CUP 3909, adding a condition requiring a detailed planting plan. Commissioner Bostwick: Request that the restroom be made available to the public rather than strictly employees, pointing out there is only one restroom for employees only. Phillip Snyderman: The customer would have to use the same restroom the employees use Chairman Messe: Thought there should be a condition requiring that there is a public restroom available to the public. Phillip Snyderman: Noted there was a landscape plan submitted and it was pointed out that plan did have the trees. It was also noted the landscape plan would come back to the Commission as a Report and Recommendation. Cheryl Flores, Senior Planner, Plannhrg Department: Asked if the Commission wants to add that trees along the street frontage would be one per 201ineal feet, in conformance with Code and Chairman Messe responded "yes". The resoluflon passed with 6 yes votes Selma Mann, Assistant City Attorney, City Attorney's Office: Rights of appeal. She explained the Planning Commission has determined that a Negaflve Declaration is the appropriate environmental documentafion for this project and has approved waivers of Code requirements (b) and (c) with the understanding that with regazd to the interior setback, the spacing of trees and not the number of trees is affected. I[ has approved the condiflonal use permit as requested for the automobile service station with accessory convenience market, with retail sales of beer and wine for off premises consumption, subject to the conditions as modified, including that a landscape plan be returned to the Planning Comaussion as a report and recommendation item; that a restroom be available to the public and that the Code required number of trees be provided along the street frontage. ACTION: Approved Negative Declaration Approved, in part, Waiver of Code Requirement, as follows: Denied Waivers (a) and (d) on the basis that they were deleted following public notiScation; Approved Waiver (b) for the spacing of the trees only, not for the number of trees; and Approved Waiver (c). Granted, in part, Conditional Use Permit No. 3909 with the following added conditions: 03-03-97 Page 25 That detailed landscape plans shall be submitted to the Zoning Division of the Planning Department for review and approval by the Anaheim City Planning Commission as a Report and Recommendation Item. That the res[room shall be available to the public. VOTE: 6-0 {Commissioner Peraza absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 15 minutes 03-03-97 Page 26 Sa. CEOA NEGATIVE DECLARATION Continued to 8b. WAIVER OF CODE REOUIItEMENT 3-17-97 8c. CONDITIONAL USE PERMIT N0. 3905 OWNER: MING INTERNATIONAL GROUP, 5405 Alton Pazkway, Irvine, CA 92604 AGENT: WINDY MEYER, PARTNERS REALTY, 5405 Alton Pazkway ~i631, Irvine, CA 92604 LOCATION: 5247 East Oraneethoroe Avenue. Property is approximately 1.47 acres located at the northeast corner of Post Lane and Orange[horpe Avenue. To permit a child daycare facility within a commercial retail center for up to 40 children with waiver of minimum setback of institutional uses adjacent to residential zone boundaries. CONDITIONAL USE PERMTT RESOLUTION NO. WP FOLLOWINGIS A SUMMARY OF THE PLANNING COMMISSION ACTION, OPPOSTTION: None Mr. Rezvani, Applicant, 5247 E. Omngethorpe: Explained this is a request for apre-school for about 40 students, with 3 teachers, and a director with 15 years experience. They have spoken with all the neighbors and they agree with this project because there is a need for a child care facility in this area. This building was empty for about six yeazs, and they have remodeled it and put in landscaping. The operaflng hours would be 6 a.m. to 6 p.m. The neighbors had questions about pazking and traffic, but this is no[ a public school and people will not all come at [he same flme. THE PUBLIC HEARING WAS CLOSED. Commissioner Boydstun: Questioned whether the front fence is solid enough or high enough. Chairman Messe did not think the wooden slats shown would be adequate and did not think it would last very lgng. Mr. Rezvani: The fence in front is an emergency azea and they were asked by the Fire Department to put the fence there, and that is not the play azea. He pointed out the play azea has a metal fence. He stated the wooden fence could be changed if [hat is a problem. Commissioner Bristol: Were neighbors notified of this request? Cheryl Flores: Yes, notices were sent out for the 300-foot radius. 03-03-97 Page 27 Commissioner Henninger: The variance hearing took place in 1987 and at that time there was a concern about the landscaped buffer azea, so it was fenced and he understood [hat and asked if any of the neighbors have expressed concern about having this day care play azea. Cheryl Flores, Senior Planner, Planning Departrnent Stated she was not awaze of any calls from neighbors opposing this use. Chairman Messe: Asked the width of the play azea. Ms. Flores responded there is currently a 20-foot wide landscaped setback adjacent to the residential neighborhood as required by Code. That setback does not allow the encroachment of play azeas for the children. Code requires a 15-foot setback of play azea from residential uses. Commissioner Bristol: Did not think there is a very big play azea. Commissioner Henninger: What is the nature of the wall in the reaz and it was noted it is a block wall. (Ms. Flores explained we have photographs showing there is a block wall both to the east and north property lines.) Mr. Rezvani: Stated all the children would not be in the play azea at the same time; that there aze four classes often children each and 10 children in the play area would no[ make too much noise or bother any neighbors, plus all the neighbors go to work. He stated the neighbors were very happy to have this facility going in because the young people used to paint the walls and destroy the property. Chairman Messe: Asked about limiting the hours for the children to be outside from 9 a.m. until 5 p.m. and limiflng the number of children to 10 at one time. Mr. Rezvani responded that would be fine. Chairman Messe: Clarified they are not open on Saturday or Sunday. Commissioner Bristol: Staled the picket fence with the points looks dangerous for any use. Mr. Rezvani responded they aze going to change that fence. Bmce Freeman, Code Enforcement Supervisor, Code Enforcement Division: Explained he has been to the site and has seen the fence and it would be Code Enforcement's recommendation that the fence be wrought iron. Commissioner Bristol: Asked who maintains inside that fenced area and Mr. Rezvani responded they have a landscape maintenance person who comes every week. Commissioner Bristol stated it does no[ look like the area is maintained weekly and it looks like [here is just weeds. ChairmairMesse: Clarified that the applicant has read all the conditions and agrees with them. Cheryl Flores: Stated she wanted to be sure the applicant understands that there aze landscaped islands shown in the pazking lot under the approval of Variance No. 3612 which aze not currently in place and that is a condition of approval for this petition. In addi8on, the Traffic Engineer is requiring that the most easterly driveway be closed and relocated more centrally to protect the dropoff area for the children. Commissioner Henninger: Stated the condiions that aze included in this approval would be quite expensive and asked if the applicant has talked them over with the landlord and asked if he is he willing to dp these things such as closing the driveway, redoing the landscaping and parking lot. 03-03-97 Page 28 Mr. Rezvani: Stated he did no[ think the landlord is going to close the driveway because then they would not have any other access and i[ is very convenient for people to enter from the south side and drop off the children and exit from the west side. Closing that entrance is going [o create a problem. He stated they have a bus that will pick up children from their homes and take them to school. Alfred Yalda, Principal Transportation Planner: We have similaz facilities throughout the City and they have visited those azeas and found the majority of the pazents will be coming to that site between 7 a.m. and 8 a.m. and there will be 10 to 20 cars just stopping everywhere dropping off the children and it is going to create traffic backup to Orangethorpe and they aze recommending they move the driveway and designate the 3 pazking spaces that aze most easterly as a drop-off azea, so they pazents can make a 3-point turnaround. The entrance is right by the driveway and if only three pazents came in and two stopped to drop off their child, the traffic is going to back up on Orangethorpe. Mr. Rezvani: Stated ff they pick up approximately 10 or 12 of the 40 students with the bus, that leaves about 30 and between 6 a.m. and 8 a.m. is when pazents aze dropping off the children, and there would be about two or three cazs every 10 or 15 minutes, In front they Lave plenty of parking spaces and there could be 6 or 7 cars pazked there and he did not see any problem. Commissioner Henninger: Stated he is tempted to conflnue this for two weeks so the applicant can work with the landlord to work out these conditions and at the same time try to get some evidence that the adjacent neighbors have been contacted and understand what is going on. Chairman Messe: Stated he had thought all the neighbors would be here today complaining today. Mr. Rezvani: Stated most of the neighbors aze not home during the day when they are in operation. Chairman Messe: Asked if the applicant could bring the owner of the building to a meeting ff this is continued for two weeks. Mr. Rezvani thought Le could and added he did not think the owner would close the driveway, but he would improve the landscaping. Commissioner Henninger: Asked him to get the neighbors to maybe sign a letter indicating these plans Lave been reviewed with them. Mr. Rezvani: Responded he could get a letter from the neighbors. Bmce Freeman: Stated he had a concern in the azea where the driveway is to be closed and there aze three parking spaces on the east side and there might be a possibility of having to-relocate the trash enclosure. Alfred Yalda: Explained they are not asking them to close the driveway, but to relocate it because the existing driveway is right in front of the proposed school and that will create traffic that will back up on Orangethorpe. He explained the Planner discussed the required length with the applicant and he brought it up at the IDC meeting and he would be happy to show the Commission where they aze suggesting they put the new driveway. Mr. Rezvani: Responding to Chairman Messe, stated the trash enclosure is covered and has a door . Commissioner Henninger. Offered a moflon, seconded by Commissioner Mayer and Mofion Carried that subject matter be continued two weeks to the meeting of March 17, 1997, in order for the applicant to work with the neighbors and bring in some letters in favor of the project and also to speak to the owner or his agent to ensure that there is an agreement to fulfill the condifions. 03-03-97 Page 29 Commissioner Henninger: Thought the owner/owner's agent should be present because there aze some issues that need to be resolved. Mr. Rezvani: Stated he did no[ think the owner will provide the landscaping. Commissioner Boydstun: The owner agreed [o do [hat when the original variance was approved. Commissioner Henninger: stated it should no[ be this applicant's problem, and that is why the owner's agent should be present a[ the next hearing. Mr. Rezvani: Stated the owner is not in this country. Selma Mann, Assistant City Attorney, Ciry Attorney's Office: Stated staff could also look at the possibility of calling back approvals that have already been granted for modiScation or termination since Commission and staff are guided by nexus constraints with regazd to placing conditions upon the use. ACTION: Conflnued subject request to the Mazch 17, 199'7 Planning Commission meeting in order for the landlord to be present and for the petitioner to submit evidence that the surrounding neighbors have reviewed the proposal and aze in favor of it. VOTE: 6-0 (Commissioner Peraza absent) DISCUSSION TIME: 25 minutes 03-03-97 Page 30 9a. CEOA NEGATIVE DECLARATION Continued to 9b. CONDITIONAL USE PERMIT N0.3916 3-17-97 OWNER: MOIIAMED AND NOHA ICHOURAKI, YOUSSEF AND ANGELINA II3RAFIIM, 1200 Quail Street, #220, Newport Beach, CA 92660 AGENT: YOUSEF IDRAIIIM, 1200 Quail Street, #220, Newport Beach, CA 92660 LOCATION: 1200 South Brookhurst Street. Properly is approximately 1.18 acres located south and east of the southeast corner of Brookhurst Street and Ball Road. To permit an approximate 3,785 squaze-foot convenience market within an existing commercial retail center. CONDITIONAL USE PERMI'T' RESOLUTION NO. WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION OPPOSITION: None Iiassam Almadi, agent for the tenant: Referred [o Condiflon No. 3, regazding the freestanding sign adjacent to Ball Road, and stated if that sign is removed, it will aft-ect their business because there is a gas station coming soon and it will block the view of their mazket and it won't be seen from both sides. They have been told that they could keep it a[ 8 feet high, 4 fee[ wide. Mr. Almadi: Referred to Condition No. 15 prohibiting window signs to allow unobstructed visibility of the store interior from the outside and added they have no problem with that, but would really hope that could be modified so they can utilize the windows from inside. With this restriction they could not use any merchandise on the shelves behind the windows. From the pazking lot side, there aze windows everywhere and [hey would block those windows. Chairman Messe: Suggested modifying the condition by deleting the words, "to allow unobstructed visibility"' - Bruce Freeman, Code Enforcement Supervisor, Code Enforcement Division: Stated locations such as this aze easy access for robberies and the Police Department has asked that those azeas be open so that if someone does drive by, they can actually see inside the store to see if something is going on. It is a safety measure for the public and the business operator. 03-03-97 Page 31 Bruce Freeman: Stated in review of other convenience markets, the majority will use the bottom four feet of the interior wall for display shelf materials, but along Brookhurst Street, they aze Ending that [hey are actually stacking shelves against the windows and completely covering the indoor activity and you can't see what is going on from the outside. He stated this has worked very well for 7-Eleven and other mini-markets, and it has been a s[andazd condition they have all complied with, and responded to Chairman Messe that this is fairly normal. Commissioner Mayer: Stated they could use the lower four feet Mr. Almadi: Asked if there could a compromise because in the front there is approximately 80 feet of glass and asked if they can block half of i[ or skip 10 feet in some fashion and use some of the wasted space and use some shelves. Yousef Ibrahim, agent for the owner: Stated he has concerns about the following: Condiion No. 4 regazding landscaping, Condition No. 10 regarding fees for street trees and lighfing, Condiion No. 16 regazding lot line adjustment, and Condiion Nos. 17 and 18, regazding the trash enclosure. He explained this shopping center is 33 yeazs old and these conditions are trying to bring i[ up to 1997 standards and the costs would exceed $10,000. They would like to do the landscaping because it would make the center look nicer buk he questioned the fees for street trees and lighting. Chairman Messe: Stated those were probably paid in the past but the Commission cannot change that condition. Cheryl Flores, Senior Planner, Planning Department: Explained our records indicate that [hose fees have never been paid. Mr. Ibrahim: Felt they aze being penalized because the City did not collect the fees from the previous owner. Ms. Flores: Stated it is routine that as each case comes in, the staff does reseazch for that information and whenever the fees have no[ been paid, i[ is made a condition of approval. Mr. Ibrahim: Stated the previous tenant applied for a conditional use permit and asked why the previous owner was no[ notified to pay those fees. Chairman Messe: Asked if the Commission can delete those conditions. Selma Mann responded she did not know the answer to that question. She thought there would probably be a way for the applicant to get a waiver and ordinarily that would be from the City Council but that is primarily the imposition of new fees and prior zoning acflons were in 1966 and 1960. Chairman-Messe: Stated it is enfirely possible that the fees were paid and that applicants have ceitaiidy come back after doing research. Ms. Flores: Staled staff could research i[ again, but nothing was found in the irritial search. She noted the fees would be calculated at today's price. Commissioner Boydstun: Stated if these fees were no[ charged 33 years ago because it wasn't in the Code, she thought this would be gmndfathered7 Cheryl Flores: Responded the fees would be charged at today's price and that is what we have been doing 03-03-97 Page 32 Mr. Ibrahim: Asked about the lot line adjustment and why it is needed now and was never requested before Chairman Messe: Stated as applications come before the Commission in shopping centers where there is more than one lo[, we have always asked for lot line adjustments to combine lots. Melanie Adams, Associate Civil Engineer, Public Works Department: Stated that is correct. This site does consist of two sepazate properties so it appeazs as though part of the pazking for this property would be on the adjacent property. Staff would leave it to Commission's discretion whether the property should be combined or not, noting they have shazed pazking and the properties could be .sold independently. Mr. Ibrahim: Stated that property has been vacant for many years and they tried hazd to lease it and it has taken a long time and they have been losing money since they purchased the property and all of the tenants have improved the property. This market will not sell beer and wine. Melanie Adams: Stated the City's fee for a lot line adjustment is about $850, and he would need to hire his own surveyor which would be an additional cost. Mr. Ibrahim added he was told the engineer would cost about $2,000. Mr. Ibrahim: Stated they need to provide cement floors for the trash enclosure and metal doors with latches and the shopping center has been existing for a long time and there is a trash enclosure but it doesn't have a cement floor nor metal doors with latches. He added he doesn't understand the requirement for solid waste storage and collecflon plan for recycling. He asked if that inside or outside the space. Ms. Adams: Stated the general requirement on recycling is to have one bin for trash and one bin for recycables and that is part of a mandated State law. Mr. Ibrahim: Staled that would double their cos[ for [rash collection. Commissioner Boyds[un: Asked if one of the bins they have could be designated for recycables. Melanie Adams: Responded the Public Works Department will be happy to work with the applicant to reduce the number of bias and suggested the applicant request a conflnuance. She stated restaurant uses must be separate. Mr. Ibrahim: Stated the trash bins were no[ discussed at the meeting on the 20th. Ms. Adams: Stated the representative for Streets and Sanitation was a[ the IDC meeting and did pass on these requirements. Chairmaa-Messe: Asked that staff reseazch the street tree and lighflng fees. Commissioner Henninger: Stated in Corona he is on the Boazd of Directors of the YMCA and they did a 1,000 sq. fl. building addition and the building addition cost about $50,000, and the requirements of the City of Corona cost about $80,000 and that included a sewer fee, upgraded landscaping, etc. That was the first experience he had had with a small scale project and wondered how much business is not being done because of these additional costs. He added he thought this is something we should look into sepazately. 03-03-97 Page 33 Commissioner Henninger: Offered a motion for a two week continuance. Chairman Messe: Noted maybe if the center was upgraded like the one across the street, they could chazge more rent. Commissioner Bostwick: Suggested removing the closed gas station in front which tends to hide and detract from this site. Mr. Ibrahim: Pointed out the request for beer and wine sales at the station was denied and that would have improved that corner and they would have demolished the old station. Commissioner Bostwick: Stated when the beer and wine was denied by the Planning Commission it was because they were going to have liquor where they now want the market. Cheryl Flores: Stated she would have to reseazch the old Cups on the property. It is possible there could have been a legal npn-conforming use allowed before we started requiring a CUP for a liquor store. Mr. Ibrahim: Stated he purchased the pioperry in July 1995. Mr. Ibrahim: Stated the hours of operaflon are not correct in the staff report and should be 8 a.m, to 9 p.m. ACTION: Confinued subject request to the Mazch 17, 1997 Planning Commission meeting in order for the applicant [o meet with staff and discuss the conditions of approval and for staff to reseazch the possibility of required trees and lights fees being paid by a previous owner. VOTE: 6-0 (Commissioner Peraza absent) DISCUSSION TIl17E: 25 minutes r---------------------------------------------------i MEETING ADJOURNED AT 5:25 P.M. TO THE REGULARLY SCHEDULED i PLANNING COMMISSION MORNING WORK SESSION OF i MARCH 17, 1997 AT 11:00 A.M. ~ - 'i Respectfully submitted, ® /~otisaJ Ossie Edmondson Senior Word Processing Operator 03-03-97 Page 34