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Minutes-PC 1997/04/14SUM ARY ACTION AGENDA ANAFIEIM CITY PL~-NNIIVG COMMISSION MEETING MONDAY, APRIL 14, 1997 10:30 A.M. ® STAFF UPDATE TO COMMISSION OF VARIOUS CITY DEVELOPMENTS AND ISSUES ® ECONOMIC DEVELOPMENT UPDATE ® SAVI RANCH WAYFINDING SIGNAGE PROGRAM UPDATE ® DISCUSSION REGARDING ROSE STREET TOUR 1 1:00 A.M. ® PRELIMINARY PLAN REVIEW 1:30 P.M. ® PUBLIC HEARING TESTIMONY COMMISSIONERS PRESENT: BOYDSTUN, BOSTWICK, BRISTOL, HENNINGER, MAYER, MESSE, PERAZA COMMISSIONERS ABSENT: NONE ' STAFF PRESENT: Selma Mann Greg Hastings Cheryl Flores Karen .Freeman Bruce Freeman Alfred Yalda Melanie Adams Margarita Solorio Ossie Edmundson Assistant City Attorney Zoning Division Manager Senior Planner Associate Planner Code Enforcement Supervisor Principal Transportation Planner Associate Civil Engineer Senior Secretary Senior Word Processing Operator P:\DOCS\CLERICAL\MINUTES\AC041497.W P REPORTS AND RECOMMENDATIONS A. a. ADDENDURA TO EIR NO. 266 (PREY: CERTIFIED b. CONDITIONAL USE PERMIT NO. 2657 -.RETROACTIVE EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL: WCB Twenty-Sbc Limited Partnership, 450 Newport Center Drive, Suite 304, Newport, CA 92660-7640, request retroactive extension of time to comply with conditions of approval for Conditional Use Permit No. 2651 (to permit an 1 t-story, 128-foot high hotel with on-sale alcoholic beverages and accessory uses and a 12 and 15- story, 182-foot and 220-foot high commercial office complex) to expire on February 26, 1998. This petftion was originally approved on February 26, 1985. Property is located at 2400 East Katella Avenue. Commissioner Henninger stated he would like to make some changes to the recommendation found on page 4 of the Siaff Report to the Planning Commission dated April 14, 1997. He deleted paragraphs 13(a), (b), and (c) and suggested that Commission approve the time extension for Conditional Use Permit No. 2651 subject to all applicable codes, .rules and regulations. ACTION: Commissioner Henninger offered a motion, seconded by Commissioner l3oydstun and MOTION CARRIED, that the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the previously-certified Addendum to Environmental Impact Report No. 266 is adequate to serve as the required environmental documentation in connection with this request. Approved Approved (To expire 2-26-98) Commissioner Henninger offered a motion, seconded by Commissioner Mayer and MOTION CARRIED, that the Anaheim City Planning Commission does hereby grant aone-year retroactive extension of time (to expire February 26, 1998) for Conditional Use Permit No. 2651 subject to all applicable - codes, rules and regulations. SR6483DS.WP Cheryl Flores, Senior Planner, Zoning Division: Stated this is a request for an extension of time. There is an active Building permit on file. Since the permit Is active and current there would not be another plan check of the plans that have been submitted. Staff's .request that current provisions be included according to the plans would not be evaluated and there may not be an opportunity to get these additional requirements added to the plans. 04-14-97 Page 2 Chairman Messe: Stated they are asking for an extension because they have not complied with conditions and yet there is a building permit out. Greg Hastings, Zoning Division Manager, Zoning :Division: Stated this is a phased development. They have not exercised ail aspects of the conditional use permit yet. If Commission desires they could continue this ftem and bring it back with the Information if that is acceptable. Selma Mann, Assistant City Attorney, City Attorney's Office: Stated it would be subject to all applicable rules that are in place to the extent that addftional permits would be required. Those would be required to comply with whatever zoning code regulations were in place at a particular time. The fact that these were indicated as conditions does .not add anything new to this extension. The rules would still apply at the time they ask for a building permit. Commissioner Henninger: Suggested paragraph 13 to read, "subject to aii applicable Codes, rules and regulations": Chairman Messe: Stated it would help should the building permit expire. Then they would be subject to the present Code. Asked when the building permit expires? Cheryl Flores: The building permit is kept active by having building inspections every 6 months. This permit Is still active. 04-14-97 Page 3 B. a. CEOA NEGATIVE DECLARATION (PREY. APPROVED) Approved b. CONDITIONAL USE PERMIT NO. 3165 -EXTENSION OF Approved TIME TO COMPLY WITH CONDITIONS OF APPROVAL: (To expire 6-5-98) WCB Twenty-Six Limited Partnership, 450 Newport Center Drive, Suite 304, Newport, CA 92660-7640, request retroactive extension of time to comply with conditions of approval for Conditional Use Permit No. 3165 (to permit a commercial retail center and on-sale alcoholic beverages within two proposed restaurants with waiver of required site screening) to expire on June 5, 1998. This petition was originally approved on June 5, 1989. Property is located at 2430 East Katella Avenue. Commissioner Henninger stated he would like to make some changes to the recommendation found on page 4 of the Staff Report to the Planning Commission dated April 14, 1997. He deleted paragraphs 12(a), (b), and (c) and suggested that Commission approve the time extension for Conditional Use Permit No. 3165 subject to all applicable codes, rules and regulations. ACTION: Commissioner Henninger offered a motion, seconded by Commissioner Peraza and MOTION CARRIED, that the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the .Negative Declaration previously approved in connection with Conditional Use Permit No. 3165 is adequate to serve as the required environmental documentation in connection with this request. Commissioner Henninger offered a motion, seconded by Commissioner Bristol and MOTION CARRIED, that the Anaheim City Planning Commission does hereby approve an extension of time (to expire on June 5, 1998) for Conditional Use Permit No. 3165 subject to ail applicable codes, rules and regulations. SR6482DS.WP 04-14-97 Page 4 C. VARIANCE NO. 3882 -RETROACTIVE EXTENSION OF TIME Approved TO COMPLY WITH CONDITIONS OF APPROVAL• WCB (To expire 12-19-97) Twenty-Six.Limited Partnership, 450 Newport Center Drive, Suite 304, Newport, CA 92660-7640, request retroactive eMension of time to comply with conditions of approval for Variance No. 3862 (waiver of minimum structural setback and required site screening to construct a 3-story 70,000 square foot commercial office building) to expire on December 19, 1997, This petition was originally approved on December 19, 1988. Property is located at the northeast corner of Santa Ana Canyon and Riverview Drive. ACTION: Commissioner Mayer offered a motion, seconded by Commissioner Boydstun and MOTION CARRIED, that the Anaheim City Planning Commission does hereby apprpve a one-year retroactive time extension for Variance No. 3882 to comply with conditions of approval (to expire on December 19, 1997). SR6484DS.WP D. a. CEQA EXEMPTION SECTION 15061 (b) 13) Concurred w/staff b. CODE AMENDMENT NO. 97-03 - TO AMEND THE Directed that staff ANAHEIM MUNICIPAL CODE• City initiated (Planning initiate an Ordinance Department), 200 S. Anaheim Blvd., Anaheim, CA 92805, deleting Chapter request to consider Code Amendment No. 97-03 to 18.96 of Title 18 and consider deletion of Chapter 18.96 of Title 18 (Zoning) of forward it to City the Anaheim Municipal Code pertaining to criteria for Council fpr adoption deck-type housing projects. ACTION: Commissioner Boydstun offered a motion, seconded by Commissioner Bostwick and MOTION CARRIED that the Anaheim City Planning Commission does hereby concur with staff that subject request is exempt from CEOA. Commissioner Boydstun offered a motion, seconded by Commissioner Bristol and MOTION CARRIED that the Anaheim City Planning Commission does hereby direct the City - - Attorney's office to prepare an Ordinance for adoption by the City Council deleting Chapter 18.96 of the Anaheim Municipal Code pertaining to Deck-Type Housing. SR6340DH.WP Greg Hastings, Zoning Division Manager, Zoning Division: Stated this would be a request for the City Attorney to prepare an ordinance that would come back to Commission to eliminate provisions of Chapter 18.96 related to deck housing. This would eliminate deck housing coming in for a conditional use permit and that type of housing would come forward under any variances that would be required based on the location of the property. 04-14-97 Page 5 PUBLIC HEARING ITEMS 2a. CEQA MITIGATED NEGATIVE DECLARATION I Continued to 2b. WAIVER OF CODE REQUIREMENTS 5-12-97 2c. CONDITIONAL USE PERMIT NO. 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 centedine of Katella Avenue. To construct an approximate 362,174 square-foot entertainment complex with sales of alcohol for on-premises consumption consisting of an approximate 95-foot high lighted obelisk tower, up to 28 retail spaces totaling approximately 42,200 square feet, up to 10 restaurants totaling approximately 72,750 square feet, up to 12 nightclubs totaling approximately 60,000 square feet, an approximate 20,659 square-foot exhibftion hall, approximately 5,000 square feet of office area, and a 7- story approximate 148,750 square-foot, 300-room hotel with waivers of minimum number of parking spaces, maximum structural height, permitted encroachments into required yards, required parking lot landscaping, permitted type (marquee), permitted number, permitted square-footage and permitted height of freestanding signs and permitted number and permitted square footages of wall signs. Continued from the Commission meeting of March 3, 1997. CONDITIONAL USE PERMIT RESOLUTION NO. SR6617DH.WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Continued subject request to the May 12, 1997 Planning Commission meeting in order for the petitioner to complete plan revisions. VOTE: 7-0 DISCUSSION TIME: This item was not discussed. 04-14-97 Page 6 3a. CEOA NEGATIVE DECLARATION .Approved 3b. WAIVER OF CODE REQUIREMENTS Approved, in part 3c. CONDITIONAL USE PERMIT NO. 3911 Granted, in part OWNER: GRACE NUVAL, 545 South Knott Street, Anaheim, CA 92804 AGENT: FRANCIS ONG, 8907 Warner Avenue, #168, Huntington Beach, CA 92647 LOCATION: 910 South Knott Street. Property is 0.3 acre located on the east side of Knott Street, 440 feet north of the centerline of Ball Road. To permit the conversion of asingle-family home to a 2,179 square- foot medical/dental offlce with waivers of (a) minimum number of parking spaces, (b) maximum number and area of signs, (c) minimum side yard setback, (d) minimum rear yard setback and (e) permitted encroachments. Continued from the Commission meetings of February 19, and March 31, 1997. CONDITIONAL USE PERMIT RESOLUTION NO. PC97-37 SR6453DS.WP2 --------------------------------------------------------- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Applicant's Statement: Dr. Grace Nwall, applicant and practicing dentist in the City of Anaheim for the past 11 years: Stated at the February Planning Commission meeting the request to change subject property from residential to medical/dental office was questioned due to lack of parking spaces. They now have a revised plan and have reduced the size of the proposed building and added mode parking spaces. PUBLIC HEARING WAS CLOSED Chairman Messe: Asked staff if this was not an RSA-4300 but rather a CO classiFlcation, would there be any changes in sign requirements or parking, etc.? 04-14-97 Page 7 Cheryl Flores, Senior Planner, Zoning Division: Stated the parking would be the same (6 per 1,000 square feet of gross floor area) for amedical/dental use on the parking. Regarding signage there would be a little more signage allowed, RSA-4300 is IimRed to 20 square feet of monument sign or they would be allowed 1 monument sign on ether side of the driveway would be up to 2. Chairman Messe: Asked Dr. Grace Nwall if she had read the conditions of the staff report, particularly Condtion No. t 1 and is that acceptable to her? Dr. Grace Nwall: Responded yes t was. Dr. Nwall (applicant's husband): Stated he planned on sharing the building with his wife. He questioned Condition No. 11 that states only one office shall be open at any one given time. Grace Nwall will primarily only work mornings and afternoons but he will be working in the afternoon also so there may by some overlap of their office hours. He asked if that condition stipulated that only one office could be open at one time (either the medical or dental office)? Chairman Messe: Indicated that was the intent of staff. It is a fairly intens'rfied use on this property having two medical offices on the same property and the feeling of staff was that only one office should be open at any a time. Dr. Nwall: Asked 'rf this condition would be imposed even with the addtlonal parking spaces that they provided? His wife and he would not have more than two patients at one time. They see patients by appointment only and no walk-Ins. Chairman Messe: Stated she has four patient rooms and the possibility of people waiting in the waiting room and he could have two patients. In addition the doctors have two cars. Commission is concerned with the parking. Commissioner Boydstun: Stated plans show four patient rooms and four staff which totals eight. Dr. Grace Nwall: Stated the plan was revised showing a reduction in the size of the building. It was four patient .rooms for her and 3 for her husband. They reduced the size so that they could provide more parking spaces (14 parking spaces). Commissioner Henninger: Asked how many employees did she plan to have? Dr. Grace Nwall: Responded two. She works with one patient at one time. Commissioner Henninger: Asked how many employees will her husband have? Perhaps t should be condtioned to only allowing a maximum of five employees. --- Chairman Messe: Asked if the revised plans show that there are only three? Cheryl Flores: Responded on paragraph 8 of the staff report states there are three patient rooms on each side for a total of six. Commissioner Bristol: Asked petitioner if she had read Condition No. 10 regarding the block wall on the north side? 04-14-97 Page 8 Dr. Nwall: Stated the 6 foot block wall should be not problem. Cheryl Flores: Stated the block wall should be built prior to issuance of Building permit rather than later in order to protect the single family home to the north. Chairman Messe: Asked if that is being added to Condition No. 16? Cheryl Flores: Responded that is correct and ft will be removed from Condition No. 17. Chairman Messe: Asked applicant if they understood that? Dr. Nwall: Responded that should be no .problem. Chairman Messe: Ask how :much of the lot is going to be in concrete? Cheryl Flores: Responded the entire area behind the existing house would be paved for parking spaces with the exception of the 3 foot wide landscaped area on the north and a 5 foot wide landscaped area on the south and a 10 foot wide landscaped area to the east. Chairman Messe: Stated he thought Code required 20 feet landscaping up against a residential zone. Cheryl Flores: Responded Code requires a 25 foot landscape setback and the proposal only provides a 10 foot wide landscape setback. However, the building itself is in excess of 100 from that property line. Commissioner Henninger: Asked if this was a CO Zone what sort of landscape setback is required? Cheryl Flores: Responded a 10 foot landscape. Chairman Messe: Asked what about intensification of the trees on that back portion of the lot, would that help the neighborhood to the rear, perhaps larger trees? Cheryl Flores: Responded staff believes that if broad headed dense trees were planted in that area it would also help in screening this use from the residential properties. Chairman Messe: Stated the plans show 15-gallon trees on three or six places. Cheryl Flores: Responded that is what that indicated. There are three fn the front and three in the rear for a total of six trees. _ __ Chairman Messe: Stated plans show 3, 15-gallon trees on the back of the property, if Commission conditioned it on 5 trees at 24-gallon trees, would that be agreeable? The purpose is to protect the residential community around subject property. Dr. Nwall: Responded that would be no problem. 04-14-97 Page 9 Cheryl Flores: Stated staff would like to add a condition that the front landscape area be maintained and that it not be removed. That the trees be maintained, It is a nice front landscape area and staff would like see that remain. Chairman Messe: Asked whether there was a problem with the trash pick up in the back and whether a waiver of liability would need to be signed off. Cheryl Flores: Responded that was correct. The owner would have to sign a waiver of liability for the trash truck. Chairman Messe: Asked if the owner was aware of that? Mr. Grace Nuvall: Responded yes they are. ACTION: Approved Negative Declaration Approved, In part, the Waiver of Code Requirements: denied Waivers (a) and (b) on the basis that they were deleted following public notification and apprpved Waivers (c), (d) and (e). Granted, in part, Conditional Use Permit No. 3911 with the following changes to conditions: Mod'rfied Condition Nos. 11, 15, 16 and 17 to read as follows: 11. That as indicated by the petitipner, the hours of this business shall be limited to 7 a.m. to 9 p.m. and further, to conserve parking space availability, a maximum of five (5) employees (Including the doctor and the dentist) shall be allowed on-site at any one time. 15. That subject property shall be developed as conditioned and substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Revision No. 1 to Exhibit Nos. 1 and 2; provided, however, that flue (5) broadheaded, 24-inch box trees shall be planted along the rear property line to create an effective visual screen. 16. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 5, 7, 9, 1o and 14 above-mentioned, shall be complied ` "" wfth, Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 17. That prior to final building and zoning inspections, Condition Nos. 6, 8, 13, and 15, above-mentioned, shall be complied with. 04-14-97 Page 10 Added the following condition: That all existing pn-site landscaping shall be retained and propedy maintained. VOTE: 7-0 DISCUSSION TIME: 20 minutes Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. 04-14-97 Page 11 4a. CEOA NEGATIVE DECLARATION Continued to 4b. VARIANCE NO. 4301 4-28-97 OWNER: WILLIAM C. TAORMINA AND VINCENT C. TAORMINA, P.O. Box 309, Anaheim, CA 92815-0309 AGENT: RICHARD B. WINN, P.O. Box 309, Anaheim, CA 92815-0309 LOCATION: 1070-1090 North Blue Gum Street. Property is 1.2 acres located at the southeast corner of La Palma Avenue and Blue Gum Street. Waivers of minimum landscaped setback adjacent to an arterial highway (La Palma Avenue) and a freeway frontage road (La Mesa Avenue), permitted encroachments into required yards and minimum parking lot landscaping, to construct a private off-site employee parking lot for a regional material recovery facility, an adjacent aluminum parts manufacturer, and temporary Cal-Trans employee/contractor parking. Continued from the Commission meetings of March 17, .and March 31, 1997. VARIANCE RESOLUTION NO. SR6606KP.WP1 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Chairman Messe: Stated this is a request for a third continuance. Is there a reason for this? Cheryl Flores, Senior Planner, Zoning Division: The property owner is involved with an owner participation agreement with Community Development and there are some details that need to be worked out regarding that agreement. _ ACTION: Continued subject request to the April 28, 1997 Planning Commission meeting in order for applicant to resolve issues pertaining to the development of this site with the Community Development Department. VOTE: 7-0 DISCUSSION TIME: This item was not discussed. 04-t4-97 Page 12 Sa. CEQA NEGATIVE DECLARATION Withdrawn 5b. CONDITIONAL USE PERMIT NO. 3912 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, Attn: David Sleeves, 1549 North Fern Street, Orange, CA 92667 LOCATION: 2144 South Harbor Boulevard (Arby's Restaurant) Property is 0.55 acre located 500 feet south of the centerline of Orangewood Avenue . To permit the conversion of a fast food restaurant to a truck and automobile rental lot. Continued from the Commission meetings of March 3, 17, and 31, 1997. CONDITIONAL USE PERMIT RESOLUTION NO. SR6469DS.WP6 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.. OPPOSITION: None ACTION: Commissioner Peraza offered a Moticn, seconded by Commissioner Bristol and MOTION CARRIED, that the Anaheim City Planning Commission does hereby accept the applicant's request to withdraw this petition. VOTE: 7-0 DISCUSSION TIME: This item was not discussed 04-14-97 Page 13 6a. CEOA NEGATIVE DECLARATION Approved 6b. WAIVER OF CODE REQUIREMENT Approved 6c. CONDITIONAL USE PERMIT NO. 3914 Granted OWNER: CARL KARCHER ENTERPRISES, RAYMOND & ESTELLE SPEHAR, TRUSTEES, MARCIA ANN HALLIGAN, P.O. Box 4349, Anaheim, CA 92803 AGENT: CONNIE CARTER, 315 First Street, #U-130, Encinitas, CA 92024 LOCATION: 5701 East La Patma Avenue (Carl's Jr. Restaurant). Property is 0.9 acre, located at the northeast corner of La Palma Avenue and Imperial Highway. To permit the 1,109 square-foot expansion of an existing drive-through restaurant for an outdoor playground/dining area with 36 additional seats wfth waiver of minimum number of parking spaces. Continued from the Commission meetings of :March 17, and March 31, 1997. CONDITIONAL USE PERMIT RESOLUTION NO. PC97-38 SR6468DS.WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: 4 people spoke wfth concerns/1 letter in opposition was submitted. Applicant's Statement: Steve Capilouto, Corporate Architect with Carl's Jr. Restaurants, 910 E. Palmira Ave., Orange, 92866: Stated they are proposing to put in an exterior playground at their existing unit at Imperial and La Palma Avenue Instead of an interior one that staff is recommending. Opposition: Mary Lowe, Property Manager for Canyon Village Plaza: Stated many of their tenants have come to her expressing concerns about this expansion. One primary concern is the visibility. Although it is an outdoor playground, Citizens Thrift & Loan (a tenant) has been adamant in claiming this expansion is going to block visibility of their building. Apparently, there are going to be a number of trees that are going to be planted and again their concern is a visibility issue. If trees are going to be required on this project they asked Commission require that they be small, slow growing and as airy as possible and the fewer the number required would be appreciated. 04-14-97 Page 14 Another other concern was the parking study that was done on December 19, 20, and 21, 1996. The parking count seems very low and asked before final approval that the applicant do another parking study since there seems to be a lot of congestion there and there seems to be more cars there belonging to Carl's Jr. than were picked up In that parking study. Linda Thompson, Branch Manager for CRizens Thrift & Loan, 5729 E. La Palma Ave., Anaheim: Stated she was present to speak in opposftion of the proposed structure. Their main issue is the obstruction of their building. They are concerned that initially R was going to be an outdoor structure approximately 3 stories in height but they understand that has been changed but they are not sure to what ft has been changed. They are also concerned that the trees will block visibility of their business from the street. Over the course of the last .month, since they have been notified, they have taken photos of a delivery truck which is one item of particular concern to them, speciFlcaily, the size of the deliver truck, the length of time the delivery truck is located at that site. She submitted photos to Commission relative to the blockage of traffic. The delivery trucks are normally there for one hour. At times they are delivering during the peak hours, during the lunch hour. They have noticed in recent days there has been near collisions with traffic trying to enter into the structure as well as exit out of their parking structure. They feel the parking will be compromised if a structure (s built on the exterior. They included a photo of an exterior play yard that Carl's Jr. has constructed on Rose Drive in the City of Placentia which they believe is considered the same height as the proposed structure. They had a concern regarding not'rfication. Their company was nofrfied by a notice that they received in the mail on or about March 27, 1997. She submitted a letter from Canyon Shoe Repair (a tenant) in opposition of this structure. Chairman Messe: Read the letter from Canyon Shoe Repair for the benefit of the applicant. Greg Lukosky, representing Marie Callendar's Restaurants: Stated they have two concerns, the visibility and the height of the structure. It appears, according to the renderings, the height exceeds the building height of Carl's Jr. They are also concerned with the Increased traffic. Mr. Matloob, owner of the Cafe Europe Restaurant : Stated he also agrees with the previous speakers in opposition. As a restaurant business their prime .business is during the lunch and dinner hour. He has a real concern because people can not get into the shopping center due to the heavy traffic. His customers have indicated that due to the traffic during the lunch hour they do not have the time to fight all the traffic to get to his restaurant. He felt the playground would cause cars to stay in the parking lot a longer time than normal. He also felt the parking study count was very low and suggested it be rechecked between 11:30 a.m. through 1:30 p.m. The shopping center has only one main entrance. Another parking entrance needs to be added from Imperial Hwy. _ Applicant's Rebuttal: Steve Capilouto: Stated from their site plan adds three parking spaces to the overall count of the shopping center. The problem of deliveries is Just a scheduling problem and he will go back and inform them not to deliver during the lunch hour. They certainly do not want to ovedandscape it if R is going to block people's view. Their purpose was to try to screen the play area. With regards to the height of the structure, a possible option might be to remove the gable end which would then lower it to a little lower than the existing building. 04-14-97 Page 15 PUBLIC HEARING WAS CLOSED Alfred Yalda, Principal Transportation Planner, Traffic Engineering: Stated as far a the number of entrance and exists are concerned., they extended the median island a few years ago when Lucky came back for the expansion. That area Is very heavily traveled by motorist. Unfortunately the portion at Imperial Hwy. is within Cal Trans right-of-way. Cal Trans does not provide any entrance on their State highway. As far as the property itself is concerned there have been some changes made. They had several discussions with the property owner and had him take a look at that intersection of Chrisden and La Palma and provide some entrance/exit through the shopping center. He may want to pay for an installation of a traffic signal for that intersection. Chairman Messe: Asked 'rf there is a driveway to enter the shopping center from off of Chrisden? Commissioner Bostwick: Stated the only entrance is to the back end of the buildings. There is an exit and that is probably the only way to exit and go east on La Palma because the heavy traffic. Alfred Yalda: Stated they do not recommend anyone making the left hand turn out of that shopping center. There is a traffic signal at La Palma and Imperial and they make a U-turn there. Chairman Messe: Asked about the concern of the individuals who spoke that when there are playgrounds the tendency Is for cars to park longer. Is that anything that the parking studies have ever addressed? Alfred Yalda: Responded no he did not think that has ever been addressed, if there is a playground, generally parents may stay 10 to 45 minutes maximum. The occupancy of the parking space would probably be about the same as other eating establishments. Commissioner Bostwick: Asked what the traffic plans were for the entire area. Specifically, he read that Fairmont will be completed over the railroad tracks down to La Palma and asked how would that impact the traffic on La Palma in front of the shopping center? Alfred Yalda: Responded the portion of Fairmont he referred to is part of the City of Yorba Linda. He did not have the exact information pertaining to the City of Anaheim readily available but would be willing to supply the information if Commission desires. Commissioner Bostwick: Stated he felt that whole area is going to be impacted heavily by the traffic and the change in direction. Asked if there was going to be a signal at La Palma and Fairmont? Alfred Yalda: Responded again he did not have the Information but would look into that. Commissioner Bostwick: Stated staff asked that this play area be enclosed. Asked if he was stating that by putting the roof on it, could the same elevation be maintained as the rest of the building? 04-14-97 Page 1& Steve Capilouto: Responded no, he would proposed to lower the play structure itself. Currently there is a gable end which is shade screen covered. He would make it flat so it would lower that gable end. It would probably be 16 feet. Commissioner Henninger: Asked how tall the play area at Rose Drive would be? Steve Capilouto: Responded it is probably 15 or 16 feet high. Commissioner Henninger: Said ft looked more like 12 feet high. Steve Capilouto: After reviewing the photos of the play area at Rose Drive, he thought it was more like 14 feet. Chairman Messe: Asked petitioner if he was stipulating to take that building down in height from a 3 story structure to a 2 story structure, which would be about 12 to 14 feet. Steve Capilouto: Responded that was correct. He stated their business is approximately 45% drive-through. Commissioner Bristol: Stated he was on their site on Saturday between 11:15 and 11:40 a.m. and there is a car wash where this proposed play area is going to be. He parked in the open spaces along side as one enters off La Palma and he observed one party parked in the same stall where he was but everyone else went inside, either drive-through or parked along said Cad's. Chairman Messe: Stated for awhile that location was a problem to the Police Department and asked what was happening now? Steve Capilouto: Since then he has Ift up the building considerable, adding flood lighting, parking lot lighting, etc. He did not know of any security Issue. Since they have remodeled it they have not seen as much graffiti on the walls. Commissioner Bostwick: Stated he had a question regarding the trees. Staff has requested 7 trees on Imperial Hwy, and 12 on La Palma. The shopping center would like to have those without a broad head, what type of tree would they propose? Steve Capilouto: Responded whatever tree staff is proposing they would certainly use. Cheryl Flores, Senior Planner, Zoning Division: Stated staff did not have a particular tree in - mfnd, the~ode does not stipulate the type of tree required Just the number of trees. Commissioner Henninger: Stated they could perhaps go to palm trees. Steve Capilouto: Responded they could certainly to with palm trees. Mary Lowe: Stated Queen Palms would probably be alright, keep in mind that is just that corner parcel. If they want 7 on Imperial and d 12 on La Palma that would be 19 tree just on that little corner. So when they do grow that is going to be a lot of trees and the visibility is an Issue. 04-14-97 Page 17 Commissioner Bostwick; Stated as far as parking is concerned this corner has much less use forwards the Carl's Jr, He did not know what they were going to do wfth the Oshman's but maybe it is a less intensive use or perhaps get one of the restaurants to move over there and that location In order to get some of the traffic away from those restaurants and small shops to make it more convenient. Mary Lowe: Responded they realize that area of the parking lot is less used than the area closer to Lucky's. Chairman Messe: Stated the use is being Intens'rfied by adding 36 seats, and a play area. Asked Traffic Engineering staff if they were comfortable with the parking study? Alfred Yalda: Responded there has been some data collected and offered to share it with Commission. Commissioner Henninger: Stated there seems to be a trend for shopping centers to take out all their landscaping in order to make the business more visible. He did not feel that taking out landscaping helps customers find businesses in the shopping centers rather it results in a very unpleasant shopping environment. Alfred Yaida: Stated the highest peak in the parking study was 356 parking spaces occupied, which is 66°,6 of the total number available (534). Therefore, he felt there is .adequate parking. The study was done between 11:30 a.m. and 1:30 p.m. Thursday, Friday and Saturday. Mr. Matloob: Stated that Saturday, during the day, is not the busiest time. ACTION: Approved Negative Declaration Approved Waiver of Code Requirement Granted CondRional Use PermR No. 3914 fora 2-level play structure not to exceed fourteen (14) feet in height with the following changes to conditions: Modified Condition Nos. 1 and 11 to read as follows: 1. That the proposed two-level play structure not exceeding fourteen (14) feet in height shall match the type of material and color of the existing restaurant building. Plans shall be approved by the Commission asa - Reports and Recommendations item. 5. That minimum 15-gallon size, 10 foot high palm trees shall be planted, Irrigated and maintained in the planters adjacent to Imperial Highway (7 trees) and La Palma Avenue (12 trees). 11. That subject property shall be developed as conditioned and substantially in accordance wfth plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the .Planning Department marked .Exhibit Nos.1 through 4. 04-14-97 Page 18 Added the following conditions: That no deliveries shall take place between 11:30 a:m. and 1:30 p.m. and between 4:30 p.m. and 8 p:m. That a security guard shall be provided from 8 p.m. to closing if deemed necessary by the Anaheim Police Department to discourage vandalism and/or loRering upon or adjacent to the subject property. That a reciprocal access and parking agreement shall be maintained between this property and the commerdial shopping center property located to the north and east. VOTE: 6-0 (Commissioner Boydstun declared a conflict of interest) DISCUSSION TIME: 42 minutes Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. 04-14-97 Page 19 7a. EIR NO. 313 (PREVIOUSLY CERTIFIED) Continued to 7b. CONDITIONAL USE PERMIT NO. 3913 4_P8_97 OWNER: AFTAB AHMAD, 2310 West Knox Avenue, Santa Ana, CA 92704 AGENT: SCOTT K. KIME, 92 Argonaut, SuRe 225, Allso Viejo, CA 92656' LOCATION: 1100 West Ball Road. Property is approximately 0.43 acre located at the southwest corner of Ball Road and West Street. To permit an automobile service stat(on with adrive-through self- service car wash facility. Continued from the Commission meetings of March 3, and 17, 1997. CONDITIONAL USE PERMIT RESOLUTION NO. SR6620KD.WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Continued subject request to the April 28, 1997 Planning Commission meeting as requested by the petitioner. VOTE: 7-0 DISCUSSION TIME: This item was not discussed. 04-14-97 Page 20 8a. CEOA NEGATIVE DECLARATION Approved 8b. WAIVER OF CODE REQUIREMENTS Approved, in part 8c. CONDITIONAL USE PERMIT NO. 3903 Granted, in part, for 2 years OWNER: TAORMINA INDUSTRIES, INC., c/o Richard B. Winn, (To expire 4-14-99) P.O. Box 309, Anaheim, CA 92815 AGENT: ARCHITECTURAL TEAM THREE, Attn: Lon Bike, 14 Hughes Street, Suite B-204, Irvine, CA 92718 LOCATION: 2830 East Gretta Lane. Property is approximately 0.57 acre on the south side of Gretta Lane, approximately 366 feet east of the centerline of Blue Gum Street. To permit a transmission repair facility within an existing 12,399 square-foot industrial building with waivers of (a) minimum number of parking spaces and (b) permitted outdoor uses. Continued from the Commission meetings of January 22, February 19, and March 17, 1997. CONDITIONAL USE PERMIT RESOLUTION NO. PC97-39 SR6431JK.WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.. OPPOSITION: None Applicant's Statement: Michael Frank, Arco Transmission: Stated he is present to answer any questions. PUBLIC HEARING CLOSED ChairmanyMesse: Asked staff if they were able to ascertain whether the rear section, where _ shed is located, was parking at one time and was it a permitted change on that block. Cheryl Flcres: Responded she will have to try to determine that. The zone that ft is in now, the Specific Plan Zoning and Development Area 1, does permit outdoor storage underneath a canopy. Chairman Messe: Stated he was a the location this weekend when there was .not business at the transmission shop and there were four large vehicles parked in the parking area. Asked if that was a condition was going to continue? 04-14-97 Page 21 Michael Frank: Responded that was a very unusual condition. The majority of their work are transmissions or units, however, they are an authorized dealership and they are sanctioned to do warranty work. Usually they only have one or two vehicles at any given time and may go from one to three weeks with no vehicles at all. Chairman Messe: Asked where their employees parked? Michael Frank: Responded their employees are parking in the first 5 spaces and some are parking on the street. Commissioner Bostwick: Stated Condition No. 2, no outdoor storage display work on vehicle or vehicle parts shall be permitted. Asked if this is going to allow they to parking underneath that outside awning? Michael Frank: Responded the awning was existing when they moved into the building to rent it. They know nothing about the awning other than it was existing. They have not modified or done anything to it. He asked for a clarification on Condition No. 2, does it mean they can not store any core units In the back facility at all? Greg Hastings: Clarified two items. 1) They did find out there was a permit for the awning. it was originally brought in as a carport, so it was supposed to be covered parking. 2) Condition No. 2 should be reworded to remove the wording "storage of". That would allow outdoor storage in that area if the Commission approves a parking waiver. Commissioner Bristol: Asked ff they store vehicle parts underneath ff? Michael Franks: Responded there is a pellet rack with vehicle parts underneath that overhang but ff necessary they can move R. Parking Is not an Issue to them since they do not have walk- in customers. A majority of the companies remove their own transmissions and they only have one speck part of a vehicle, a transmission (they refer to transmissions they buy and disassemble and use good parts out of as "cores"). Commissioner Bristol: Stated on Condition No. 2 states "no outdoor display of, or work on vehicles or vehicular parts shall be permitted" which means work pn vehicular parts. Greg Hastings: Stated basically that would allow just storage. If there is any work to be done on the parts, they are taken inside where work is done. Chairman Messe: Stated the parking study discusses the lot to the rear off of White Star . - Avenue. Michael Franks: Stated there is an alley that runs across the back of the premises and when the parking study was being done, he was asked by the individual doing the study why they were parking in those Industrial buiidings? He responded that those were not his employees, those are the people from the other side: The person doing the parking study thought their employees were parking there and he indicated that an amendment would be written to correct that. Chairman Messe: Stated he did not receive the amendment, the date of his copy of the study is November 20, 1996. 04-14-97 Page 22 Alfred Yalda: Stated that is the same study he had and did not see an amendment. Michael Franks: Responded that is what he was told. ACTION: Approved Negative Declaration Approved, in part, Waiver of Code Requirement: approved Waiver (a) on the basis 1) That there Is adequate on-site parking for the proposed use, and 2) That there is adequate ingress and egress to this site; and, denied Waiver (b) on the basis that R was deleted fallowing public notification. Struck out the parking waiver findings found on Page 6 of the staff report. Granted, in part, Conditional Use Permit No. 3903 for 2 years with the following changes to condftions: Modified Condition Nos. 2, 3 and 7 to read as follows: 2. That no outdoor display oF, or work on vehicles or vehicular parts shall be permitted and that any existing outdoor work be terminated immediately. 3. That the maximum number of employees shall not exceed 11 persons as recommended in the parking study. 7. That the approval of this Conditional Use Permit shall be limited to this specific business use of truck transmission repair as outlined in the submitted parking study and in the petitioner's letter of operation. Added the following condition: That subject use permit is hereby approved for a period of two (2) years, to expire on April 14, 1999. VOTE: 7-0 DISCUSSION TIME: 15 minutes Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. 04-14-97 Page 23 9a. CEOA CATEGORICAL EXEMPTION-CLASS 11 Concurred w/staff 9b. VARIANCE NO. 4302 Granted a 50-foot high double faced, OWNER: JAS PARTNERSHIP, Attn: Jim Shab, 1990 South 215 freestanding Anaheim Boulevard, Anaheim, CA 92805 pole sign including a 70 square foot AGENT: LEON ALEXANDER, 558 South Harbor Boulevard, electronic #100, Anaheim, CA 92805 readerboard LOCATION: 1985 South Santa Cruz Street. Property Is 2.44 acres located at the northwest corner of Santa Cruz Street and Stanford Court. Waiver of permitted type of sign and permitted size of freestanding sign to construct a 50-foot high double-faced, 299 square foot freestanding pole sign including a 70 square foot electronic readerboard. VARIANCE RESOLUTION NO. PC97-40 SR6610KB.WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: 1 person spoke with concerns. Greg Hastings, Zoning Manager, Zoning Division: Read into the record staff corrections to paragraph no. 13 and paragraph no. 15-A on page 4. Applicant's Statement: Leon Alexander, 558 S. Harbor Bivd., Anaheim, presenting JS Partnership and Global Cellular: Stated a clarification regarding some of the hardships not mentioned in the staff report. The building which Global Cellular will be moving Into has been vacant for three years. They are requesting a mod'rfication of original CondRional Use PermR No. 3855 on the basis that Global Cellular was going to be a leasee. There has been a change of circumstances involving a lawsuit and Global Cellular has purchased the entire buiiding. Originally when Global Cellular came in for a CUP, it was for approximately 17,000 or 18,000 square feet and now that JS Partnership has purchased the entire building it is twice that. A second hardship Is that the new property is Impacted by Cal Trans taking about 22,000 square feet of parking which was not mentioned in the report. The car pool lane of the I-5 Fwy. will be raised to a higher elevation. _ _- Due to the hardship pf the I-5 Fwy. the widening and the forced relocation of Global Cellular, there will be major construction in and around that area within three to four years. Construction is not due to be completed in 2001. There will be tremendous hardship to the landowners and business In that area and particularly Global Cellular. The owner of the business is also the owner of the entire building and wants to expand the advertising of the buiiding in order to increase the signage. They are present In order to Increase the signage from it's original 100 square foot size to approximately 299 square feet and also to raise the elevation from 38 feet to 50 feet which is permitted by Code. The purpose of the expansion of the sign is to allow a name plate for the identification of Global Cellular In one of the panels. Another panel will be for a future tenant to be determined at a later date. Due to the forced relation of the business and 04-14-97 Page 24 due to the loosing of parking they require this addftional identification of the business. They requested that the sign be allowed to remain with the property. They are not certain how the car pool lane is going come in and around the premises and they would like the option of placing the readerboard efther at the north side of the building or back fn it's original position. Opposition: Don Watson, property owner at 2000 Santa Cruz Street, Anaheim: Stated he is on the southeast corner of Santa Cruz. The subject property is on the northwest corner. With the improvements around them there is a general upgrading the whole area and it effects all the property owners. He is concerned about the large flashing sign which he feels is a step in the wrong direction. He does not feel the size of the property justifies having a larger sign and that it is not the intent of the Code. The freeway is going to be 15 or 20 feet off the ground in that .area and the carpool lane is going to be above that. He went down to Cal Trans to review the map. It appeared to him that the freeway Is going to stay at grade and the car pool lane is going to be elevated at that time. From the car pool lane there are going to be off ramps eastbound on Gene Autry that will taper off and end just before The Catch Restaurant. He is in agreement that the petitioner can have any size sign that he wants only until the construction is completed and then at that point it should revert back to Code. The City should consider restricting signs in the area known as the "Redevelopment Area" and try to have signage consistent. Applicant's Rebuttal: Leon Alexander; Stated the readerboard has been there since 1986 or 87. They are not going to enlarge the .readerboard, it will remain the same but rather the Issue is to provide name identification for tenants occupying the building. The building has been empty for three years and they are trying to improve the area by bringing in some tenants and get through the hardship of that area. Global Cellular has 40 to 50 employees and the company is moving 100 feet. Jim Shab, (owner) JS Partnership and Global Cellular: Stated he has been involved with the Cal Trans relocation for a number of years and he stated he knows the realfties of the .project, height of the freeway, where this project is going, etc. The freeway is going to be elevated in front of his property at approximately 14 foot level. There will be a carpool lane above that as well. There will be underpasses Instead of overpasses at Katella and there will be one at Orangewood as well. On the approach to .his property the freeway is considerably higher. it actually comes down to make way for the carpool lane to go over the lower elevated freeway at Gene Autry Way. He is making a considerable investment to develop the property to not have what it seen, it is an industrial piece of property that would be facing the 5 Fwy. that would possibly still be empty for years to come due to the widening of the freeway. He has made the decision to pay a substantial sum for the property and to develop it to provide the best appearance to the City of Anaheim. He stated he is only asking to place his name on the sign and feels that is a fair request. The readerboard has been there, it has been allowed. He is not changing the readerboard size. He is hoping to find a tenant to take over part of the building, but if they do not find a tenant they would like to reserve that half for themselves. They would like to take some of the signage off their building. He hoped that he could put the business name on the sign as opposed to the building. PUBLIC HEARING WAS CLOSED Commissioner Boydstun: Asked what was the square footage of the Bergstrom's sign? 04-14-97 Page 25 Cheryl Flores, Senior Planner, Zoning Division: Responded the building permit indicates 300 square feet, 50 foot high. Also it was discovered that there is another sign for Holiday Inn at 1221 S. Harbor Bivd. which is visible from the freeway and measures 29 feet high, 204 square feet. Commissioner Boydstun: Stated she feels the freeway height and the offramp is a hardship and 50 feet is Code. If they get another tenant it is going to need some identity and they are not going over what Bergstom's was allowed. Chairman Messe: Stated he felt petitioner should be allowed to go up to 50 foot height but whether he needs a 300 square foot sign is questionable. As he recalled, Commission gave approval to that sign without knowing that it was going to be an electronic readerboard. Then they erected the sign and put a readerboard on it. It came back to the Commission and was finally approved after much discussion. Greg Hastings, Zoning Division Manager, Zoning DNision: Stated that was correct. It was not clear at the time. Staff thought it was simply a sign. Commissioner Peraza: Stated when he moved his business to the building behind, when he was going to lease, Commission gave him the right to move the readerboard. Jim Shab: Stated the building that they purchased and moving into is 24 feet high compared to the current building which is 30 feet high. The carpool lane will sit above the building so anyone on the carpool lane will not be able to see their building which they feel is a definite hardship. Chairman Messe: Asked ff the 50 foot high sign was going to be above the carpool lane? Jim Shab: Responded in the affirmative but there will not be any indication of who's sign it is. if you do not allow for the extra sign which is being requested for the business name then there will not be a name on the sign. Commissioner Meyer: Asked if they could redesign the sign or remove the telephone number and reduce the tenant name so they are equal? Jim Shab: Responded the phone number has been instrumental in getting people to call them. They also currently have a number on the building and their intent would be to remove the number off the building to minimize the signage on the building and leave it in a more appropriate location which would be on the sign. The would like to keep their current sign only add their name to ii. Chairman-Messe: Stated they have an approximately 65 foot readerboard and therefore that' would leave them under the 100 square foot rule, about 35 feet for their .name. Jim Shab: Stated their name is actually 16 square feet on the sign and about 84 feet on the readerboard. Commissioner Henninger: Stated he has not heard a hardship and wondered if perhaps they are actually taking the step of changing the sign Code by setting precedent here. Commissioner Meyer: Asked staff if they know whether Redevelopment has any plans for any wayfinding as they do the Specific Plan. Is there a sign plan being proposed for that area? 04-14-97 Page 26 Greg Hastings: Responded he was not aware pf anything in that area. Staff has looked at this in the context of the overall Stadium area, however; they are not at the point where there has been any design criteria developed. Commissioner Bostwick: Stated this is a commercial use in an industrial area and 'has there been a determination made that this area is going to change to a more commercial rather than industrial use? Greg Hastings: Responded he did not feel that decision has been made, however, there Is visibility from the freeway so that would be something that would be looked at as part of the study. Commissioner Boydstun: Asked what are the differences between commercial and industrial signage regulations? Greg Hastings: Responded he would have to check the Code. Commercial signage for a commercial zone would be more lenient than an industrial zone. Commissioner Boydstun: Asked if Fry's had to obtain a CUP for their sign and how large is it? Cheryl Flores: Responded there was a conditional use permit and it was 352 square foot, 40 feet high. Commissioner Henninger: Stated 100 square feet is not big enough but 300 square feet is too big. Jim Shab: Stated the Fry's sign is an example, he believed they got around It by the way the presented their sign size by not counting the frame work as signage. If they would prefer that petitioner not have the tenant sign at the bottom of the signage and just have identification of the owner/tenant of the property, he could agree to that. If he does get a tenant then he will take his name and cut it in half. But the sign has to be constructed with future considerations in mind since there is a substantial amount of money being put into the sign to create the identity. He would like to make the investment to a least get his name on there and leave the number on the sign. He is agreeable to take the phone number off the building which he hoped would be a compromise as well as a cleaner look. There was further discussion concerning the square footage for the readerboard sign. After the vote Commissioner Henninger request staff explain at a later time the difference in sign requirements between a commercial use and an Industrial use. Greg Hastings: Responded staff is presently working on the final steps of the sign ordinance. _ _ The revisions are just about in place and they could bring back the existing ones also. ACTION: Paragraph No. 13 of the Staff Report to the Planning Commission dated April 14, 1997 was revised by staff to read that there are 2 electronic readerboard signs along the I-5 Freeway within the City of Anaheim. Concurred with staff that the proposed project falls within the definition of Categorical Exemptions, Class 11, as defined in the State EIR and is, therefore, categorically exempt from the requirements to prepare an EIR. 04-14-97 Page 27 Offered a resolution granting Variance No. 4302 fora 50-foot high double faced, 215 square foot freestanding pole sign including a 70 square foot electronic readerboard with a condition requiring that the exact location and specific design of the proposed freestanding sign be brought back to the Planning Commission for review and approval as a Reports and Recommendations item. Resolution passed with 8 yes votes, Commissioner Messe voting no After the resolution passed, the petRioner requested that Condition No. 2 be deleted and that Planning Commission approve the location of the sign within the north parking lot, with a 30-foot setback from the future freeway frontage road, Anahelm Way. Selma Mann, Assistant City Attorney, stated the passed resolution had to be withdrawn by resolution.. A resolution was offered to withdraw the resolution and it passed with seven yes votes. A final resolution was offered approving a 50-foot high double faced, 215 square foot freestanding pole sign Including a 70 square foot electronic readerboard within the north parking lot, with a 30-foot setback from the future freeway frontage road, Anahelm Way, with the following changes to conditions: Modified Condition Nos. 2 and 3 to read as follows: 2. That the applicant shall submit final sign plans showing a maximum 50-foot high double faced, 215 square foot freestanding pole sign including a 70 square foot electronic readerboard in the north parking lot, with a 30-foot setback from the future freeway frontage road, Anaheim Way to the Zoning Division for review and approval by staff. Said plan shall have the same appearance as the sign plans (ExhibR No. 2) reviewed at the April 14, 1997 meeting, except for the elimination of the lighted 66 square-foot tenant sign panel and for the metal top cap to be reduced to approximately nine (9) inches. 3. That the proposed readerboard sign (changeable copy marquee sign) is approved for as long as the cellular phone business use occupies this site. The sign shall be removed at such time as Bald business use ceases to operate at this site. VOTE: 6-1 (final Resolution passed with 6 yes votes, Commissioner Messe voted no). DISCUSSION TIME: 43 minutes 04-14-97 Page 28 t0a. CEQA MITIGATED NEGATIVE DECLARATION Approved lob. WAIVER OF CODE REQUIREMENTS Approved 10c. CONDITIONAL USE PERMIT NO. 3924 Granted OWNER: VERNON W. MONROE, TRUSTEE OF THE VERNON W. MONROE REVOCABLE TRUST, 5209 Seashore Drive #100, Newport Beach, CA 92663. AGENT: DAVID JACKSON, 1557 W. Mable Street, Anaheim, CA 92802. LOCATION: 2212 West Sequoia Avenue. Fairmont Private School. Property is 0.89 acre located on the south side of Sequoia Avenue, 165 feet east of the centerline of Siesta Street. To construct agymnasium/auditorium and classroom for a private educational facility with waivers of minimum parking lot landscaping, minimum number of parking spaces, maximum structural height and minimum landscaping adjacent to residential zones. CONDITIONAL USE PERMIT RESOLUTION NO. PC97-41 SR6593KP.WP --------------------------------------------------- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION OPPOSITION: None Applicant's Statement: David Jackson, Executive Director of Fairmont Private Schools: Stated that there were issues concerning a few condftions. First, there was nothing regarding the seating/bleachers for the gymnasium. They would have a this time not to exceed 240 seat bleachers. He was not sure they would be able to afford to put that many seats in at this time but-that would be the size that they are projecting for next year. Chairman Messe: Asked what is the seating for dramatic presentation? David Jackson: Responded that would be the same number of seats because they have never had seating for more than about 100 people at any of their upper school programs. David Jackson: Stated a second concern are the gate hours from 8:00 a.m. to 9:00 p.m. They requested that be changed to 7:00 a.m. to 10:00 p.m. due to students arriving early which will not cause any noise problem at that time. Also at times games go into overtime In the evenings. Third, the stipulation that they use exclusively for school use and not be .leased, rented or granted approval for other use is also a concern since they have Girl Scouts and Boys Scouts and other activities Including some activities from the school district. These activities would only be when the school is not In session or in use. Fourth, regarding Condition No. 8, he did not 04-14-97 Page 29 see in the foreseeable future that they would air condition ft. If they should decide to Install air conditioning at a later date they could come back. He asked if there was a provision that if they put something on the roof that it would have to be screened or is there some other reason that they wouldn't want to have it up in the roof. He just did not want to use up some of the existing areas where the students would be able to gather between the two buildings. Greg Hastings: Stated there would be two reasons. One would be due to noise to the residents and the other reason would be because there is no parapet on the building, according to the drawings, it is only a flat roof. So whatever would be put In the roof would be visible. David Jackson: Stated at this point they will leave it the way it Is. Chairman Messe: Asked if they are going to operate the gym with no air condtioning? David Jackson: Responded there is a design with some venting and fans that could work out quite well. Their existing gym is not air conditioned. They are hoping it will work the same way. Commissioner Bristol: Asked if they are going to have doors facing west? David Jackson: Responded there is one provision for a slide up door to use if they had any large things to bring in. They would accept a provision that it would be closed and locked except times to load or unload. PUBLIC HEARING WAS CLOSED Greg Hastings: Stated there are a couple of conditions staff would like to recommend rewording. The first one is Condition No. 4 that refers the gate being constructed across the drNeway to prevent entrance into the property during the off hours. The hours were inadvertently switched on the staff report. It should read "between 9:00 p.m. and 8:00 a.m." there would not be access to the property. David Jackson: Asked if that could be changed from 10:00 p.m. to 7:Op a.m Greg Hastings: Stated also Condition No. 12, Mr. Jackson referred to that the roll-up door on the west elevation should be kept closed at all times except during times of delivery, .rather than the way it is currently worded. Condition No. 16, they would .recommend that the seven trees adjacent to the west property line be 24-inch boxed trees that are broad head with dense foliage and they be propedy maintained and professionally pruned since the purpose of those trees would be to buffer this building from the single family residence which appears to be approximately 5 or 10 feet away from the property line. - - Commissioner Henninger: Asked how many parking spaces are available for special events on school site? Alfred Yalda, Principal Transportation Planner, Traffic Engineering: Responded, it would be approximately 92 parking spaces. Commissioner Henninger: Asked if they have an event with 240 people, how many spaces would be needed? 04-14-97 Page 30 Alfred Yalda: Stated generally for that type activity, there are between 2.5 or 3.5 people per car Alfred Yalda: Stated he thought the 92 spaces would be adequate for the seating they are proposing. Chairman Messe: Stated there may be other things going on that requires parking, and noted on Saturday he was there and the parking lot was 40 to 50°~ occupied. Mr. Yalda thought there is a condition recommended that they cannot have two simultaneous events. Mr. Jackson stated there could be a Key Club meeting and responded to Chairman Messe that they would not scheduled a Key Club meeting at the same time they are having an event In the gymnasium. Commissioner Mayer: Suggested that the words be changed that possibly accessory uses could be school sanctioned, not for profit organizations. There is a desperate shortage for this type of wood floor, not only for community theater groups, but for community dance groups that are non-profit and if they are willing make their sRe available, it would be a nice amenity to offer as long as the non-profit group fits the school criteria. Commissioner Henninger: Stated this would be an (deal building to have church services in on Sunday and we need to think whether we want them to rent out to a church group on a regular basis. Mr. Jackson: Stated that is something they would Ilke to look Into since there are a many church groups wanting to hold functions. It would definitely help bring money to cover some of the costs of the building. They would not schedule events at the same time and if there was a church group there that would meet the maximum. Greg Hastings, Zoning Division Manager: Stated a conditional use permit would be required for a church to use that facility, and the Planning Commission would have a chance to review the use. Commissioner Henninger: Stated he thought the type of uses the Commission is considering right now would be occasional uses. Mr. Jackson: Stated they have been approached by some users and they are leaning away from going with any use on a regular basis. He responded he understood they would have to come back for a CUP 'rf they wanted to allow achurch. - Commissioner Messe: Asked the height of the interior ropf and Mr. Jackson thought overall it Is 28 feet high and 22 feet inside and that is standard minimum height for a gymnasium. Cheryl Flores: Stated she thought the intent was that there would not be dual uses between the school and the auditorium, but she did not think a specrflc condition has been recommended and one should be added. ACTION: Approved Mitigated Negative Declaration 04-14-97 Page 31 Approved WaNer of Code Requirement Granted Conditional Use No. 3924 with the following changes to conditions: Modffied Condition Nos. 2, 3, 4, 6, 12 and 16 to read as follows: 2. That no parking .shall be permitted in the driveway or in any other area on this property except in the approved spaces Immediately adjacent to the west building elevation. These parking spaces shall be designated for "staff parking only between the hours of 7 a.m. and 10 p.m." with no bus access or parking permitted. Directional signage shall be posted at the driveway entrance from Sequoia Avenue to direct all other vehicles to the parking lot of the main school building at 2200 West Sequoia Avenue. 3. That the gymnasium/auditorium facility shall be accessory only to the existing private school property at 2200 West Sequoia Avenue with occasional, school sanctioned, not for profit use permitted. 4. That a gate, subject to the review and approval of the City Traffic and Transportation Manager, shall be constructed at the driveway entrance from Sequoia Avenue. Said gate shall be closed to prevent access to the property between 10 p.m. and 7 a.m. and during all other non-operational school hours including weekends and holidays. 6. That the hours of operation for the gymnasium/auditorium facility shall be restricted to the hours of 7 a.m. to 10 p.m. 12. That the roll-up doors on the west elevation shall be kept closed at all times, except during times of deliveries. i6. That nine (9) minimum 15-gallon size trees shall be planted adjacent to the south property line with seven (7) minimum 24-inch box, broad headed with dense foliage trees required adjacent to the west property line. Said trees shall be properly maintained, professionally pruned, and replanted as necessary in the event the trees are damaged, diseased or dead. Added the following conditions: That the total seating capacity shall be limited to two hundred forty (240) people at any one time in the auditorium/gymnasium. - - That dual scheduling of the school use and events in the gymnasium/auditorium shall not be permitted. That any roof or ground-mounted intake and exhaust systems for any forced air ventilation shall be designed so as to not impact the adjacent residents. 04-14-97 Page 32 That the granting of the parking waiver is contingent upon operation of the use in conformance wfth the assumptions relating to the operation and Intensity of use as contained in the parking demand study that formed the basis for approval of said waiver. Exceeding, violating, Intensifying or otherwise deviating from any of said assumptions, as contained in the parking demand study, shall be deemed a violation of the expressed conditions Imposed upon said waiver which shall subject this waiver to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. VOTE: 7-0 DISCUSSION TIME: 30 minutes Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. MEETING ADJOURNED AT: 4:10 P.M TO APRIL 28, 1997 AT 10:30 A.M. FOR AN UPDATE ON TRASH ENCLOSURE REQUIREMENTS AND A REVIEW OF CENSUS TRACT AND REPORTING DISTRICT MAPS PERTAINING TO ABC LICENSES Respectfully submitted, Ossie Edmundson Senior Word Processing Operator 04-14-97 Page 33