Loading...
Minutes-PC 1997/11/24SlJ A Y ACTIO AGENDA ANAEI CITY I'LANNI G CO n/IISSIO EETI G MONDAY, NOVEMBER 24, 1997 1 1:00 A.M. STAFF UPDATE TO COMMISSION OF VARIOUS CITY DEVELOPMENTS AND ISSUES • PRELIMINARY PLAN REVIEW • PLANNING DEPARTMENT PRESENTATION: STATUS OF COMMUNITY PLANNING AREAS 17 (EAST ANAHEIM), 1 AND 3 1:30 P.M. PUBLIC HEARING TESTIMONY COMMISSIONERS PRESENT: BOSTWICK, BOYDSTUN, BRISTOL, NAPOLES, PERAZA COMMISSIONERS ABSENT: HENNINGER AND MAYER STAFF PRESENT: Selma Mann Greg Hastings Cheryl Flores Karen Freeman Greg McCafferty Bruce Freeman Alfred Yalda Margarita Solorio Ossie Edmundson Assistant City Attorney Zoning Division Manager Senior Planner Associate Planner Associate Planner Code Enforcement Supervisor Principal Transportation Planner Senior Secretary Secretary P:\DOCS\CLERICAL\M INUTES\AC 112497. W P ITEMS OF PUBLIC INTEREST: NONE REPORTS AND RECOMMENDATIONS A. REQUEST TO DETERMINE CONFORMANCE WITH THE ANAHEIM GENERAL PLAN FOR USE OF DONATED SPACE: Thurman Hodges, Senior Real Property Agent, County of Orange, Health Care Agency, 515 North Sycamore Street, Santa Ana, CA 92701, requests determination of conformance with the Anaheim General Plan for County use of donated space for a public health care clinic for the aged. Property is located at 501 East Orangethorpe Avenue (Rancho La Paz Mobile Home Park). Continued from the Commission meeting of November 10, 1997. ACTION: Commissioner Boydstun offered a motion, seconded by Commissioner Peraza and MOTION CARRIED (Commissioners Henninger and Mayer absent), that the Anaheim City Planning Commission does hereby find that the County's proposed use of donated space at 501 East Orangethorpe Avenue for a public health care clinic for the aged is not in conformance with the Anaheim General Plan. Determined that subject request is not in conformance with the Anaheim General Plan SR1014KF.DOC Karen Freeman, Associate Planner: Stated subject space is zoned ML (Limited Industrial) and designated General Industrial in the Land Use Element of the General Plan. Staff is recommending the Planning Commission find the proposal not in conformance with the . _ General Plan based on the use .not being consistent with the General Industrial land uses. However, Planning Commission may wish to note that regardless of whether or not they find _ _. the proposal in conformance with the General Plan, it does not preclude the County from moving forward with the project. 11-24-97 Page 2 B. a. CEQA MITIGATED NEG. DECLARATION (PREY.-APPV'D) b. TENTATIVE TRACT MAP NO. 14130 -REQUEST FOR EXTENSION OF TIME c. CONDITIONAL USE PERMIT NO. 3301 -REQUEST FOR A RETROACTIVE EXTENSION OF TIME: Blash Momeny, 22351 Amber Rose, Mission Viejo, CA 92692, request: (Tentative Tract Map No. 14130) aone-year extension of time to comply with conditions of approval (to establish an 18-lot single-family subdivision) and (Conditional Use Permit No. 3301) aone- year retroactive extension of time to comply with conditions of approval (to construct 2 dwelling units within the Flood Plain O/L Zone to establish a 19-IoU18-unit RS-5000 single family residential subdivision with waivers of required lot frontage and minimum distance between units). These petitions were originally approved on August 21, 1990. Property is located at the northwest terminus of Garland Circle. CUP EXTENSION OF TIME RESOLUTION NO. PC97-165 Continued from the Commission meetings of October 27, and November 10, 1997. ACTION: Commissioner Boydstun offered a motion, seconded by Commissioner Bristdl and MOTION CARRIED (Commissioners Henninger and Mayer absent), that the Anaheim City Planning Commission does hereby determine the previously approved Mitigated Negative Declaration is adequate to serve as the required environmental documentation for this request. Commissioner Boydstun offered a motion, seconded by Commissioner Bristdl and MOTION CARRIED (Commissioners Henninger and .Mayer absent), that the Anaheim City Planning Commission does hereby approve aone-year time extension for Tentative Tract Map No. 14733, Revision No. 1, to expire on August 21, 1998. Selma Mann, Assistant City Attorney, presented the 10-day appeal rights. Commissioner Boydstun offered Resolution No. PC97-165 and moved for its passage and adoption that the Anaheim City Planning Commission does hereby approve aone-year retroactive extension of time to comply with conditions of approval for Conditional Use Permit No. 3301. On roll call, the foregoing resolution was passed by the following vote: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, Approved Approved extension of time Approved extension of time (To expire 8-21-98) (Vote: 5-0, Commissioners Henninger and Mayer absent) 11-24-97 Page 3 C. a. CEQA NEGATIVE DECLARATION (PREY: APPROVED) b. CONDITIONAL USE PERMIT NO. 3839 -REQUEST FOR A RETROACTIVE EXTENSION OF TIME: Knott Avenue Christian Church, 315 South Knott Street, Anaheim, CA 92804, requests a retroactive extension of time to comply with conditions of approval (to expand an existing church facility to include a 2-story administration, classroom, fellowship, hall, and gymnasium building with waivers of maximum building height and minimum number of parking spaces). This petition was originally approved on June 10, 1996. Property is located at 315 South Knott Street. Continued from the Commission meeting of October 27, 1997. CUP EXTENSION OF TIME RESOLUTION NO. PC97-166 Approved Approved (To expire 6-10-98) (Vote: 5-0; Commissioners Henninger and Mayer absent) SR6534DS.DOC Cheryl Flores, Senior Planner: Stated this was continued from the meeting of November 10, 1997 so that staff could check on the status of the two trailers that are located on the property. It was found that they were permitted by Conditional Use Permit No. 622 in 1964. They will be removed at the beginning of construction granted under this conditional use permit. If the applicant chooses to place the trailers elsewhere on the property, they will need to be looked at as a separate conditional use permit or readvertisement. Commissioner Peraza: Stated for the record, he was absent at the previous meeting but he read the minutes. 11-24-97 Page 4 D. REQUEST FOR INITIATION OF RECLASSIFICATION Initiated PROCEEDINGS: City-initiated (Planning Department), 200 reclassification South Anaheim Boulevard, Anaheim, CA 92805, request for proceedings initiation of reclassification proceedings. Property is at 2630- 2650 East Katella Avenue., County of Orange Katella Yard. ACTION: Chairman Bostwick offered a motion, seconded by Commissioner Peraza and MOTION CARRIED (Commissioners Henninger and Mayer absent), that the Anaheim City Planning Commission does hereby initiate two reclassifications of the subject property as follows: Portion A: from the M1 (FP-2) (Light Manufacturing, Flood Plain Overlay) Zone to the RS-A-43,000 (Residential/Agricultural) Zone; and Portions A and B: from the M1 (FP-2) (Light Manufacturing, Flood Plain Overlay) Zone (Portion A) and ML (Limited Industrial) Zone (Portion B) to a Resolution of Intent to the PR {Public Recreational) Zone. SR6849GM.WP Greg McCafferty, Associate Planner: Stated this is the first step in the process. The actual formal reclassification will be brought to Commission in a separate public hearing at a later date. 11-24-97 Page 5 E. EIR NO. 320 (PREVIOUSLY-CERTIFIED) Approved AREA DEVELOPMENT PLAN NO. 120 (PREVIOUSLY- Approved final APPROVED) -REQUEST REVIEW OF FINAL PLANS: Ogden plans Entertainment, Inc., Attn: Thomas C. Etter, Two Pennsylvania Place, New York, N.Y. 10121 and Turner Constructipn Company, Attn: Joel A. Seaton, 555 West Fifth Street, Suite 3700, Los Angeles, CA 90013, requests review of final plans for "Tinseltown Studios", a 700-seat themed dinner theater. Property location is the Anaheim Stadium property. ACTION: Commissioner Bristol offered a motion, seconded by Commissioner Peraza and MOTION CARRIED (Commissioners Henninger and Mayer absent), that the Anaheim City Planning Commission does hereby determine that the previously-certified EIR No. 320 is adequate to serve as the required environmental documentation for subject request. Commissioner Bristol offered a motion, seconded by Commissioner Peraza and MOTION CARRIED (Commissioners Henninger and Mayer absent), that the Anaheim City Planning Commission does hereby receive and file Exhibit Nos. 1 through 8, consisting of the final site and landscape plan, floor plans, elevations, roof plan, and color board, for Tinseltown Studios, in compliance with Condition No. 2 of Area Development Plan No. 120. S R7003AS. W P [fHE FOLLOWING IS A DETAILED SUMMARY OF .ITEM NO. 1-E.] Chairman Bostwick: Item No. 1-E is a request for review of final development plans of Tinseltown. Staff? Greg McCafferty, Associate Planner: Mr. Chairman and members of the Planning Commission, representatives from Tinseltown are here to give you an overview of the final plans and walk you through the model as well as a video presentation they have prepared for the project. I would like to introduce Jim Garber from Tinseltown. Jim Garber: Thank you members of the Commission. My :name is Jim Garber and I represent Garland Productions which is located here in Anaheim at 2400 East Katella, Suite . _, 450. Our responsibility is for the show development and marketing for Tinseltown and we've been involved in the show creation. Joining me here today is Ron Drake who is the General Manager for the Tinseltown project and also we have representatives here from Studio Avanti and Turner Construction who will be responsible for the look and construction of Tinseltown. I know you had an opportunity this morning to hear some of the particulars related to the project. I hope you are already aware it's to be located on the northwest quadrant of the Anaheim Stadium parking lot. The property itself, the building, will take approximately 1.25 acres. Its cost is about $15 million dollars and it's our hope to have the project open by November of 1998. What I would like to do is take a few minutes to show you something that 11-24-97 Page 6 I don't believe you had the opportunity to see this morning and that is a quick video that we have put together to introduce the project. From a marketing standpoint, I think it gives you, better than I can, a quick overview and a visual look of what Tinseltown is going to be. It takes about five minutes. So, if you don't mind I will step around and play the video for you. [A video of Tinseltown was presented to the Planning Commission.] Jim Garber: Just to give you an idea, the intent really of the facility is not just to create a sound stage out in a parking lot. It is to turn around and really create what impresses people as being a real working studio in miniature form and what we have tried to do here is create a studio lot in terms of feel and appearance. The intent, through our mythological leader, Cohn Warner Mayer Wynn Selznick, is that people don't buy a ticket to attend Tinseltown, they actually purchase an invitaticn and every night 700 of .his closest friends are gathered for this Tinseltown awards ceremony. When they walk through the gate and into the courtyard the feel will be that there are N cameras on either side. You can be interviewed that night, be a celebrity from our equivalent of Access Hollywood or Entertainment Tonight. On one side will be a retail facility of about 2,000 square feet. On the other side will be a water tower, that is kind of our icon for the project, that is about 75 feet tall. Guests enter apre-show area and when they arrive there it's almost like an art deco look of Hollywood's past, almost like an old town theater lobby and there will be a bar in there where Busby Berkeley blondes will serve refreshment to those who desire them. In front of them will be N.monitors to showcase classic films of the past and there will be a Hollywood movie set that they can get their picture taken on or enter into the retail facility. Once inside the main show room, there are 700 seats and we actually spend close to an hour hosting our guest for dinner. It will be an excellent gourmet dinner for the evening and then the last hour is really into what is, in essence, a N show, except the big difference is it's not televised around the world but it is televised to those within the facility. There were two words in the film clip that I think are awfully important. One is "interactive" and the other is "fun-filled". It is important far you to understand we are not poking fun at Hollywood, we are celebrating Hollywood and that is, in essence, what we are trying to do from a show standpoint. The other thing is we are trying to get away from the idea that the guest is the spectator but make them very much a part of the action and in some form or fashion whether it is on the red carpet being .interviewed by the N cameras or the autograph hounds that we talked about, everyone during the night will be made to feel special. Well, I guess that is about as good as I can do for a general over view of the facility and the show that is planned. If you have any questions we'd sure be happy to answer them. Chairman Bostwick: All right. I think the Commission this morning had a few questions and I will go on record stating my concern over the landscaping. So that the record shows we are concerned about the landscaping surrounding this project. Understanding that the City is _ going to do a number of this and that, it is part of the Sportstown complex. The landscaping plans as shown show the front being landscaped but the rest of it is kind of one large parking lot. I guess we are going to have to take it on faith that we get landscaping throughout the rest of this? 11-24-97 Page 7 Greg McCafferty: Mr. Chairman, you're correct. It is part of the larger Sportstown project. There will be additional landscaping placed within the parking areas and the entry road as well as along the public right-of-way. With this phase, there will be a new intersection placed to align with the Stadium Crossings project across the street. When the rest of Sportstown is built, there will be landscaped enhancement along the public rights-of-way as well. Chairman Bostwick: I think there was also a concern Commissioner Boydstun had as to the restroom facilities. We are not here to micro-manage your project but I think there's marked out 10 facilities for the ladies, which if you have 700 people eating dinner, is totally inadequate in our estimation. So, I would give that to the architects. They need to change the design. Greg McCafferty: We spoke with the architects and the Building Division during the break, between the morning session and this afternoon, and maybe someone from Avanti can explain their thinking on the bathrooms, if you would like. Chairman Bostwick: Sure. Brent Thompson: My name is Brent Thompson. I am with Studio Avanti, We are entertainment architects. We do a lot of work for Sony and Disney and some other folks you may have heard of. We originally had just over half as many toilets. We did a lot of looking into the Codes and so forth and Code actually :requires very few. At the request of the clients, Ogden, they doubled the number and actually added toilet rooms on both sides of the facility instead of just one. There is also a number of other toilet rooms spread around the facility for all the employees and so forth. So that takes some of thepressure off of them. But our thinking is that because of the way the show functions and so forth that there won't be a big crush at any one time but that people always have the ability to get up and go to the restrooms and that is not like a typical theater where there is an intermission and everyone dumps into the toilets at one time. Commissioner Boydstun: What is the Code for this, Greg? Greg McCafferty: The Plumbing Code, I believe, requires one toilet per 100 occupants and that doesn't distinguish between male and female. So you would divide that by two to come up with the spread between the women and men's restrooms or toilets. So, if you took that literally, 1 per 100 with 700 seats that would be 7 toilets. However, this does not take into account, and we believe this has validity, that in addition to the fixed seats, you have the pre- show area where you can get a cocktail and you spend some time there. So we will be working With the Building Division and the applicant to address that open area as well. Just to make sure that they have enough toilets. _, Commissioner Boydstun: What you have just does not seem like enough for that number of people for that long a time. We have had this situation in other facilities. They meet Code but then people are screaming all the time that there aren't enough toilets and when they remodel they add more. You want something people aren't complaining about afterwards, think. Brent Thompson: It probably bears further looking into 11-24-97 .Page 8 Chairman Bostwick: Yes, I would imagine that one on the upper portion there if you just doubled that, just took it out even with the edge of the building it would probably ... Brent Thompson: Actually our property line comes about here. Chairman Bostwick: Well, take it to the property line. I think it will pay dividends in the long' run. Are there any other questions? Commissioner Boydstun: When you look at it you have more than one bay at The Pond and there are several bays on every level. Brent Thompson: We'll take a look at that. [Voting as follows:] Commissioner Bristol: I'll make a .motion for previously-certified Environmental Impact Report No. 320. Commissioner Peraza: Second. Chairman Bostwick: We have a motion and a second for apreviously-certified Environmental Impact Report. All those in favor say Aye? Opposed? Motion carried. Commissioner Bristol: I'll offer a motion to receive and file these final development plans for Tinseltown, per Area Development Plan No. 120. Commissioner Peraza: Second. Chairman Bostwick: Okay, we have a motion and a second to receive and file these plans. All those in favor say Aye? Opposed? Motion carried. Good luck. It is going to be great. Glad we have some excitement in Anaheim. 11-24-97 Page 9 F. CEC+A NEGATIVE DECLARATION (PREY.-APPROVED) Approved CONDITIONAL USE PERMIT NO. 3920 -REQUEST FOR Approved final REVIEW AND APPROVAL OF FINAL PLAN: OTR Ohio plans General Partnership, c/o Donahue Schriber, 3501 Jamboree Road, #300, Newport Beach, CA 92660, requests review and approval of final plans for apreviously-approved child day-care facility. Property is located at The Anaheim Hills Festival Shopping Center. ACTION: Commissioner Bristol offered a motion, seconded by Commissioner Napoles and MOTION CARRIED (Commissioners Henninger and :Mayer absent), that the Anaheim City Planning Commission does hereby determine the previously approved Negative Declaration is adequate to serve as the required environmental documentation for this request. Commissioner Bristol offered a motion, seconded by Gommissioner Peraza and MOTION CARRIED (Commissioners Henninger and Mayer absent), that the Anaheim City Planning Commission does hereby approve the final plans for the previously-approved child day- care facility, provided that the owner/developer shall submit a paint schedule to the Zoning Division for review and approval prior to issuance of a building permit. SR6850K6. W P Cheryl Flores, Senior Planner: Stated this is was a request fora 15,000 square foot outdoor play area and a 10,000 square foot child day care facility. The plans are in conformance with the guidelines of The Festival Center. Staff had concerns regarding the color scheme that it match with shopping center. Just prior to the meeting, she gave Commission some color schemes. They do match the rest of the center and staff recommends approval of these final plans. Cheryl Flores: Stated for your information, there is a condition of approval that they will be coming back. There is a requirement that any roof-mounted air conditioning units, needs to be 2 decibels reduction over what is there now. 11-24-97 Page 10 PUBLIC HEARIidG ITEMS 2a. CEQA NEGATIVE DECLARATION Continued' 2b. CONDITIONAL USE PERMIT NO. 3966 to 1-21-913 OWNER: Walter A. Friedman, 624 Bamsdale Street, Anaheim, CA 92804 AGENT: Mark Scheuerman, 105 South State College Boulevard, Anaheim, CA 92806 LOCATION: 105 South State College Boutevard - Insta-Tune and Lube. Property is 0.35 acre located at the southwest corner of State College Boulevard and Center Street. To permit a 1,266 square foot expansion of an existing 1,008 square foot lubrication, oil change and smog check and minor auto repair facility. Continued from the Commission meetings of September 29, October 27, and November 10, 1997. CONDITIONAL USE PERMIT RESOLUTION NO. S R6845KP. W P FOLLOWING IS A SUMMARY OF THE PLANNfNG COMMISSION ACTION. OPPOSITION: None ACTION: Continued subject request to the January 21, 1998 Planning Commission meeting, as requested by the petitioner in a letter dated November 19, 1997. VOTE: 5-0 (Commissioners Henninger and Mayer absent) DISCUSSION TIME: This item was not discussed. 11-24-97 Page 11 3a. CEQA NEGATIVE DECLARATION Approved 3b. CONDITIONAL USE PERMIT NO. 3978 Granted OWNER: Pick Your Part Auto Wrecking, 1301 E. Orangewood Ave.., #130, Anaheim, CA 92805 AGENT: Cindy Galfin, 1301 E. Orangewood Ave., #130, Anaheim, CA 92805 LOCATION: 1235 South Beach Boulevard -Pick Your Part. Property is 4.5 acres located on the west side of Beach Boulevard, 330 feet south of the centerline of Ball Road. To construct a 2-story 3,700 square foot building for automobile glass and stereo/alarm sales and installation and awalk-up restaurant with outdoor dining. Continued from the Commission meetings of October 27, and November 10, 1997. CONDITIONAL USE PERMIT RESOLUTION NO. PC97-167 SR6848KP.WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Applicant's Statement: Cindy Galfin, Vice President of Pick-Your-Part Auto Recycling, 1301 E. Orangewood Avenue, Anaheim, CA: Stated Pick-Your-Part Auto Recycling proposes to build a mediterranean style building in the parking lot of the existing Pick-Your-Part facility. The two-story building will house an automobile glass .and stereo/alarm sales and installation shop and awalk-up dinner with an outdoor patio area. There will be a sales office and waiting area downstairs and storage upstairs. The building will be situated on the southwest side of the property, abutting the Stanton property line where the existing retail sales yard is. The property is zoned Commercial and Pick-Your-Part Auto .Recycling operates a portion of its recycling facility at this site under a different conditional use permit. Customers go through the parking lot southbound and exit the parking lot at Beach Boulevard southbound only. They will park in designated parking stalls and enter the building to make their purchase. There will be sales of new .and used stereos and new and used auto glass. All installation will be performed inside the proposed building, in the designated bays only. There will be no installation allowed in the parking lot and the same conditions that apply to Pick-Your-Part will apply to this particular use. They will .manage the parking lot, the building, the use and everything else.. This facility will provide an added service to Pick-Your-.Part customers. It will eliminate the catering truck that currently parks inside the retail area of the Stanton facility and that will now go indoors as a walk-up dinner. 11-24-97 Page 12 THE PUBLIC HEARING WAS CLOSED. Chairman Bostwick: Asked Ms. Galfin about Item No. 21, page 5 of the staff report. The Mitigation Monitoring Plan under their existing Condition Use Permit No. 3608 requires establishment of a telephone hotline for parts and vehicle availability which has not been meet. Cindy Galfin: Responded this condition was discussed at City Council. It is not something that Pick- Your-Part could do. It was suppose to have been eliminated and for some reason it was left in. They spoke to the City staff about this and came up with a way to resolve this. They are going to apply to have that deleted. She thought it may have been initially a comment made in a letter from Air Quality where they did not actually understand the operation and staff picked up their comment and incorporated it into the conditions. Chairman Bostwick: Stated it was a mitigation measure obviously to reduce traffic trips to and from the site. Cindy Galfin: Stated that was correct but they do not keep an inventory of cars and parts. Cars are recycled approximately every twenty-five to forty days. So it is not something they do at their facility. The cars are moved on a regular basis and there is no inventory maintained. They are checked in and sent out for scrap. She stated that they are in agreement with all the conditions proposed, Greg Hastings, Zoning Manager: Referenced the chart on page 4 of the staff report, relative to parking. The restaurant being proposed should actually be parked at 5% spaces per 1,000 rather than 16 which reduces the parking down to exactly the number that is provided on the property. So there is no parking shortage in terms of our Code requirements. Karen Freeman, Associate Planner: Stated in regards to Paragraph No. 21 of the staff report, regarding the mitigation measure. This morning there was discussion regarding that and whether or not it was included within the City of Stanton's Mitigation Monitoring Plan as well. Staff has not heard back from the City of Stanton but their records indicate that as of 1993 that there is a similar mitigation measure in their documents. So the applicant would need to go back and speak with the City of Stanton as to how to remedy that in their city. ACTION: Approved Negative Declaration Granted Conditional Use Permit No. 3978 VOTE: 5-0 (Commissioners Henninger and Mayer absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 10 minutes (2:03-2:13) 11-24-97 Page 13 4a. CEQA NEGATIVE DECLARATION Withdrawn 4b. WAIVER OF CODE REQUIREMENT 4c. CONDITIONAL USE PERMIT NO. 3975 4d. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 97.12 OWNER: Arthur B. Wilmsen, c/o Wells Fargo, P.O. Box 63700, , San Francisco, CA 94163 AGENT: Arco Products, Attn: Paul Loubet, 4 Centerpointe Dr., La Palma, Ca 90623 LOCATION: 1000 North State College Boulevard -Arco Service Station. Property is 0.50 acre located at the northeast corner of State College Boulevard and La Palma Avenue. To demolish an existing automotive service station to construct a new automobile service station with a 3,584 square foot canopy and a 1,200 square foot convenience market with sales of beer and wine for off-premises consumption with waiver of minimum structural setback and to determine public convenience or necessity for sales of beer and wine for off-premises consumption. Continued from the Commission meeting of October 27, 1997. CONDITIONAL USE PERMIT RESOLUTION NO. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY RESOLUTION N0. SR1004JK.DOC FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Commissioner Boydstun offered a motion, seconded by Commissioner Bristol and MOTION CARRIED (Commissioners Henninger and Mayer absent), that the Anaheim City Planning Commission does hereby accept the applicant's request for withdrawal of subject petition. VOTE: 5-0 (Commissioners Henninger and Mayer absent) DISCUSSION TIME: 1 minute (2:13-2:14) 11-24-97 Page 14 5a. CEQA CATEGORICAL EXEMPT. CLASS 11 (PREY.-APPROVED) 5b. VARIANCE NO. 3883 (READVERTISED) OWNER: Dr. Melvyn Henkin and Faith Henkin, 1300 Ouail Street, Suite 106, Newport Beach, CA 92660 AGENT; In-N-Out Burger, Attn: Raymund Villanueva, 13502 Hamburger Lane, Baldwin Park, CA 91706-5885 MSL Engineering Inc., Attn: Mark Lamoureux, 402 W. Arrow Hwy., Suite 4, San Dimas, Ca 91773 LOCATION: 5640 East La Palma Avenue -Anaheim Hilis Villasae• Property is 3.9 acres located on the south side of La Palma Avenue, 370 feet west of the centerline df Imperial Highway. To amend or delete conditions of approval to relocate an existing shopping center identification monument sign. VARIANCE RESOLUTION NO. PC97-168 Concurred w/staff Approved amendment to conditions of approval SR1010JK:DOC FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Applicant's Statement: Mark Lamoureux, President of MSL Engineering, Inc., 402 W. Arrow Hwy., Suite 4, San Dimas, CA 91773: Stated he is the authorized agent for In-And-Out Burger and with respect to their application to relocate the existing Anaheim Hills Village Shopping Center monument sign in conjunction with Item No. 6 and the proposed In-And-Out Burger. They reviewed staffs conditions of approval .and have no objections to what has been proposed. Charles Cintron: Stated he owns two Togos in Anaheim; one in The Festival Center and one in the shopping center where they are proposing this In-And-Out Burger. He did not feel that Mr. Lamoureux was very familiar with that intersection. He travels in and out of that shopping center every day to and from work. He felt the staff report was not accurate. Chairman Bostwick: Stated this is Item No. 5 and refers just to the sign, moving the sign to the east. Charles Cintron: Stated he did not have a problem with the sign and so he would wait for the Item No. 6. 11-24-97 Page 15 Chairman Bostwick: Stated yes, Item No. 6, he thought was the one Mr. Cintron probably wanted to address, which is the actual plans for the In-And-Out Burger. Cheryl Flores, Senior Planner: Stated if they decide to approved this then she wanted to recommend that Conditional Use Permit No. 3234 (in Paragraph No. 7 of the staff report) and Conditional 'Use Permit No. 1722 (in Paragraph No. 10) be terminated because these businesses are no longer in operation and would request that this be done in 30 days. THE PUBLIC HEARING WAS CLOSED. Commissioner .Bristol: Asked Mr. Lamoureux if they were to install a monument sign., where would they put it? He referenced page 4, Condition No. 13 of the staff report, regarding tree plantings and asked if he is familiar with both trees at the site? Mark Lamoureux: Responded yes he is Commissioner Bristol: Stated the south tree seems to be in good shape. Are they going to be able to save that one? Mark Lamoureux: Responded yes, it is their intent to save it. Commissioner Bristol: Asked about the tree located on the north side? Mark Lamoureux: Responded they do not want to remove any of the trees except the one on the north side because it will significantly block the sign. They have every intention to try and save the tree on the south side. They are going to have to work with staff to confirm the site and to work with the Traffic Engineer to determine that the tree is in the best possible location. As of right now they do not want to remove any trees, although it appears that the northerly tree is going to be in way. ACTION: Concurred with staff that the proposed project falls within the definition of Categorical Exemptions, Class 11, as defined in the State EIR Guidelines and is, therefore, categorically exempt from the .requirements to prepare an EIR. Approved relocation of existing sign. Amended Condition of Approval No. 6 of Resolution No. PC88-334 to read as follows on the basis that the sign relocation is necessary for the reasonable operation under the variance as approved and to allow the property on which the sign is currently located, to be developed with a separate (restaurant) use: "6. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2 and Exhibit No. 3, Revision No. 1, and as conditioned herein" Added the following conditions: 10. That any specimen tree removal shall be subject to the tree preservation regulations in Chapter 18.84 of the Anaheim Municipal Code pertaining to the "SC" Scenic Corridor Overlay Zone. 11-24-97 Page 16 11. That prior to final building and zoning inspections, each existing tree to be removed shall be replaced with two (2), minimum 24-inch box sized trees of the same species, to be planted, irrigated and maintained in the front setback area, 12. That the location of the proposed sign shall be subject to the review and approval of the City Traffic and Transportation Manager for line-of-sight consideration. 13. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead." 14. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 1722 (to permit sales of beer and wine for on- premises consumption in a proposed restaurant) and Conditional Use Permit No. 3234 (to permit sales of alcoholic beverages for on-premises consumption with waiver of minimum number of parking spaces) to the Zoning Division. VOTE: 5-0 (Commissioners Henninger and Mayer absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 7 minutes (2:14-2:21) 11-24-97 Page 17 6a. CEQA NEGATNE DECLARATION Continued to 6b. WAIVER OF CODE REQUIREMENT 12-22-97 6c. CONDITIONAL USE PERMIT NO. 3985 OWNER: Mary Buckingham, Mary Margaret Grant, Steven Park Grant, Attn: Grant Tucker Properties, One Computer Plaza, 2nd Floor, Newport Beach, CA 92658 AGENT: In-N-Out Burger, Attn: Raymund Villanueva, 13502 Hamburger Lane, Baldwin Park, CA 91706-5885 LOCATION: 5646 East La Palma Avenue -Anaheim Hills Villas~e• Property is 0.55 acre located on the south side of La Palma Avenue, located 257 feet west of the centerline of Imperial Highway. To demolish an existing 6,000 square foot building and construct a 2,912 square foot drive-through fast food restaurant (In-N-Out) with outdoor seating and roof-mounted equipment with waivers of permitted freestanding signs, permitted wall signs, minimum number of parking spaces, minimum drive-through lane requirements and required improvement of setbacks. CONDITIONAL USE PERMIT RESOLUTION NO. SR1003JK.DOC FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: 5 people spoke in apposition Applicant's Statement: Mark Lamoureux, President of MSL Engineering, Inc., 402 W. Arrow Hwy., Suite 4, San Dimas, CA 91773: Stated they are the authorized agent for In-And-Out Burger. It is a proposed 2,912 square feet combination sit-down and drive-through restaurant. There are 70 seats proposed inside. It is a part of the Anaheim Village Center. He emphasized there is an existing building that currently-has a 2,000 square foot KFC business and a 4,000 square foot retail area totalling 6,000 square foot building which will be demolished before the new In-And-Out Burger can be constructed. In doing the parking analysis, it was determined that the In-And-Out Burger proposed use will actually require 7 less parking spaces than the current building. To go hand-in-hand with that as well the traffic trip generation is going to be, therefore, equal to what the existing building is currently with their proposed approved uses. He also emphasized that the existing center has plenty of extra parking spaces. It only has approximately 359 parking spaces out in the field, with the proposed In-And-Out Burger and assuming 100°/a occupancy on the units on-site it only require 193 based on the peak hours of parking studies that were done repeatedly aver a period of three days (including a weekend). Therefore, they feel confident that there will not be any parking problems or any traffic concerns in comparison with what currently is there or has a potential for being there. They are in agreement with all of staffs 11-24-97 Page 18 recommendations. However, he would like a clarification on Condition No. 1, regarding a 3-foot wide landscape planter. They are in agreement for putting in extra planting in between the outdoor seating in the building, however, this particular site is fairly tight with respect to the distance from the curb to the building. They will have constraints with respect the ADA access compliance in and around those particular outdoor seating. Therefore, he asked for a modification of Condition No. 1, to provide a a- foot or as large possible. They would like that flexibility to do so in order to be in compliance with ADA requirements. Public Testimony: Charles Cintron: Stated he wanted to address his concerns regarding the staff report. 1. Page 7, Item No. 31-D -- The staff report states, "Increased on-site traffic congestion is not anticipated". He strongly disagreed with this statement. He can not see how an In-And-Out Burger drive-through restaurant can be built 37 feet from the intersection. The majority of the people leaving that shopping center are going to take a left turn on Imperial Hwy. towards La Palma Avenue and "bottle neck" that intersection. They currently do that now getting out of Cinemapolis and out of their intersection. 2. Page 7, Item No. 31-D - It states "not expected to increase traffic congestion or impede ingress/egress". He does agree. OCTA (Orange County Transportation Authority) rated intersections in Orange County "A" through "F". They had 34 "F" intersections in Orange County; this rating is an intersection that is going well over 100% of capacity at peak times. This intersection is 17th out of the 34 in the County. 3. Page 8, Item No. 34 -- States the intersection of La Palma Avenue and Imperial Hwy. is going to be widened in a year. So now the entrance and exit that is set back only 37 feet from the intersection is going to be even closer and is going to cause a major congestion at that intersection. 4. Page S, Item No. 37-D -- States, "That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways as designed and approved to carry the traffic in the area" and Item No. 37-E states, "will not be detrimental to the peace, health, safety". He disagreed with both statements and feels certain this proposed use is going to be detrimental to this intersection. In conclusion, it is a very congested intersection. This proposal is going to increase the already serious traffic congestion at that intersection. Niki (last name .not given), from Yorba Linda, CA: Stated she is also concerned with the traffic. Due to the delay in traffic she has observed car passing the yellow and red signal lights. She feels In-And- Out will attract more people and will worsen the traffic congestion at that intersection:- Dan (last name not given), lives in Anaheim, CA: Stated he works at the Texaco Station located next to KFC. He goes to eat there frequently and feels there are already too many hamburger stands. He feels there should be a KFC rather than an In-And-Out Burger. Hassan (last name not given): Stated he works at L.A. Cellular. He also agrees there is a traffic problem at the intersection and he also prefers to eat at KFC rather than an In-And-Out Burger. Charles Cintron: Stated he feels free trade is great if the intersection and would support it but is concerned about the threat to businesses and the safety issue with this particular proposal. It would help his business if it wasn't for the driveway. That center does need help but he does not feel this is the answer. 11-24-97 Page 19 Mr. Hashim: Stated he is the franchisee for KFC, the site where the In-And-Out Burger is being proposed. His main concern is traffic congestion that this proposed business will generation. As it is now, during rush hour traffic it is major chaos entering or exiting that location. This proposed business will generate much more traffic than is currently there. On page 9 (Item No. 37-D) of the staff report reads, "That the traffic generation of the proposed use will not impose an undue burden upon the streets and highways designed .and improved to carry the traffic in the area". He disagreed. In-And- Out Burger is mostly adrive-through business and it is going to generate much more traffic. He referenced a report published in the L.A. Times on February 11, 1997 related to the most troubled intersections in Orange County rated "A" through "F". Of the 34 intersections listed in Orange County, Imperial and La Palma was rated 17. He also referenced a report he obtained from Traffic Engineering regarding trip generations in the City of Anaheim reported by the Institute of the Transportation of Engineering. It states that 53% of the non-passby trips are made by the fastfood business and 47% are bypass trips. THE PUBLIC HEARING WAS CLOSED Alfred Yalda, Principal Transportation Planner: Stated the 91 Freeway construction, the 57 interchange and all the HOV lanes have increased the traffic throughout La Palma Avenue and Imperial Hwy.. This intersection is one of the intersections on the list of OCTA to be widened possibly next year, as soon as the funding is available. In this case, there is an existing 6,000 square foot building that will be demolished. Perhaps it had been vacant for a few years, but the traffic was there when the center was approved and also KFC is a similar type of use. In looking at the overall picture, it is probably going to be an equal number of trips generated. He felt the situation will improve once the 91 Freeway construction is completed, the "Smart Street" project goes through and that intersection is widened. It will definitely improve the level of service at that intersection. Chairman Bostwick: He feels the traffic congestion is due to a number of factors that contribute to the problem, it is not just one factor. Alfred Yalda: Stated this is one of the intersections that are on their CMP (Congestion Management Program) that they are required, by law, to monitor every year. The traffic counts are taken at that intersection every year. Chairman Bostwick: Asked if Cinemapolis finished the bridge across at the back? Alfred Yalda: No, there has been some discussion on that but nothing has taken place. Actually, the traffic at the Cinemapolis has decreased because the restaurant has been closed for some time and attendance at Cinemapolis has decreased. Chairman Bostwick: Stated he has the same concerns as some of the people who gave testimony today as far as the location of the outlet of the drive-through. When the street is widened in --- approximately a year there will be about one car stacking before reaching the street. To get across that lane and get over to the left turn lane and get the traffic back out to the commercial area to the west of this is going to be a problem. He would like to see the business there but he thinks there will be a problem created with this project. He wondered if there was some way to push it back away from the street. Commissioner Boydstun: Asked if there was going to be some type of divider or raised area between those two exits, the left turn and the straight and right out? Alfred Yalda: Responded he did not believe they are making any changes as far as the actual exiting of the shopping center. That is going to remain as is. 11-24-97 Page 20 Commissioner Peraza: Asked if someone was coming out of the drive-through and wanted to go left into the shopping center, how would that effect traffic going out? Alfred Yalda: Stated there is approximately 80 feet from where the order is picked up to get to the main exit to the street. There could be times when traffic is backed up on that center. There are about 4 car lengths before you exit. They do not see a big problem with that because it could adjust itself when the traffic signal turns green to the center. When it clears, the center it will provide room for them to move. If not, they will be stopped there until such time. Commissioner Bristol: Asked the applicant if there was any way to reconfigure this site, possibly removing some parking spaces? Mark Lamoureux: Stated this is a very tight site. Especially with the street dedication required along the frontage. They have reviewed various site plans and unfortunately this is the only one they found that would meet the operational needs of In-And-Out Burger. They felt they could probably move the drive-through lane exit another 20 feet further away from the street by making an "S" curve exit. But they would not be able to come all the way paralleling the building and exit out. They need to keep parking spaces by the front door for the ADA requirements. Chairman Bostwick: Suggested taking a four week continuance to revise the plans. Mark Lamoureux: Asked if their intent is to have them completely redo the site plan or just to see if they can shift the exit down 20 feet? Cheryl Flores: Responded they would need the plans .redrawn. Staff would need an exhibit that could be approved and placed in the file. In addition to that, she would recommend a continuance to the December 22, 1997, in order to allow time to draw those plans, get them submitted for staff to analyze and prepare a staff report. Alfred Yalda: Stated Traffic Engineer could work with the applicant to make it a better drive-through than what they presently have. Raymond Villanueva, Manager of Development for In-And-Out Burgers: Stated this In-And-Out Burger restaurant will not actually be built until probably 1999, which is when KFC's lease expires and long after the improvements on La Palma. This would help out in making the sites layout work. Most of their other sites are freeway oriented, freeway influenced sites which tend to attract more traffic to the sites because of the exposure of those locations. This site will have no freeway exposure at all. So this site would basically make use of the existing traffic that. is already with that system. He sincerely feels that their layout at this location is going to work. _ Chairman Bostwick. He feels a four week continuance will not be a problem used on the previous testimony but he still feels it needs to be moved back from the intersection. Mark Lamoureux: Pointed out one of the following reasons why they wanted to place the building up as far as they could: 1) The whole building is essentially blocked by the existing car wash building. So the visibility from Imperial Hwy. is virtually non-existent. 2) Regarding redesigning the site plan, he is still unclear what is being requested. Are they asking him to redesign in order to pull the whole building back farther or in pulling the drive-through back? 11-24-97 Page 21 Chairman Bostwick: Stated they could accomplish both of them, ultimately to get the drive-through back, but that is going to take moving the building back unless they loose something there, such as patio area. Possibly taking, for example, the back row of parking. Relocating the trash enclosure to bring the building back, moving the drive-through and reducing the size of the sign out front to meet Code. Then they could probably request a monument sign. Alfred Yalda: Stated that they could work with the applicant to shift some of the building further south and rework some of the parking spaces. He feels there is potential to improve the drive-through. ACTION: Continued subject request to the December 22, 1997 Planning Commission meeting in order for the applicant to submit revised plans. VOTE: 5-0 (Commissioners Henninger and Mayer absent) DISCUSSION TIME: 40 minutes (2:21-3:01) 11-24-97 Page 22 7a. CEQA NEGATIVE DECLARATION Continued to 7b. WAIVER OF CODE REQUIREMENT 12-8-97 7c. CONDITIONAL USE PERMIT NO. 3983 OWNER: J.D. Gantes Airport Properties, P.O. Box 80340, Rancho Santa Margarita, CA 92688 AGENT: Jack Abi, 170 N. Maple Street, Suite 103, Corona, CA 91720 LOCATION: 8295 East Santa Ana Canyon Road -Burger Ktng. Property is 2.33 acres located at the northwest comer of Santa Ana Canyon Road and Weir Canyon Road. To construct a second story 1,309 square foot indoor playground for an existing drive-through restaurant (3,724 square feet total) within a commercial retail center with waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. SR6536DS:DOC FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Continued subject request to the December 8, 1997 Planning Commission meeting in order for the applicant to meet with staff and resolve issues pertaining to the project's visibility and aesthetics. VOTE: 5-0 (Commissioners Henninger and Mayer absent) DISCUSSION TIME: This item was not discussed. - 11-24-97 Page 23 8a. CEQA NEGATIVE DECLARATION 8b. WAIVER OF CODE REQUIREMENT 8c. CONDITIONAL USE PERMIT NO. 3984 OWNER: Ming International Group, c/o Partners Realty Group, 5406 Alton Pkwy., Suite 631, Irvine, CA 92714 AGENT: T.C. Crownover and Wendy Wild-Myers, 5405 Alton Pkwy., Suite 631, Irvine, CA 92714 LOCATION: 5247 East Orans~ethorpe Avenue. Property is 1.47 acres located at the northeast corner of Orangethorpe Avenue and Post Lane. To retain a 6,876 square foot private school within a 19,858 square foot commercial retail center with waivers of (a) minimum setbacks for.institutional uses adjacent to a residential zone boundary and (b) minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. PC97-169 Approved Approved, in part Denied SR6844KP.WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Applicant's Statement: Ms. T.C. Crownover, one of the owners of Crown Private School: Stated their parent company is Five Star Educational :Research and Crown School is a Division thereof. This school is not a day care facility. It is a private school and different from others in that they are studying and gathering information on the way children learn. They are interested not only in how children are taught but in the materials as well. They share this information with any and all interested parties. There is a lot of new thought about education. As you know, there are a lot of problems with education and there are many factors that contribute to that. They are studying one phase of that. Mainly, they feel that perhaps we are waiting too late to try to educate children. There is currently a lot of study of brain mapping and the MRI studies on how the brain grows. They are proposing tp have a schooh -- Presently, they are operating there and this is because she was given the go ahead which she claimed she had with a signature from a planner which is written, "with no CUP needed, Judy Kwok". She circled ".0106 Business trade school and training center". Not knowing what the rules are, she, in good faith, moved forward accordingly. She was on Tustin Avenue then moved to Orangethorpe because she needed a larger facility and an outside play area. She does want to continue operation there. As soon as she found out she needed a CUP she did start the process. In reviewing staff recommendations, she had a number of questions and concerns. Page 3, Item No. 13 -- Asked if that was correct that for office they need 4 parking spaces per 100 square feet? She thought it was 1000 square feet? 11-24-97 Page 24 Cheryl .Flores, Senior Planner: Responded that was a typographical error on the staff report, it is 4 spaces per 1000 square feet of gross floor area. T.C. Crownover: Stated they are proposing 7 classroom, which would be 7 spaces, and the office space is under a 1000 square feet so that should only require 4 which totals 11 spaces. So, she does not understand how they came up with 17 space required. Page 6, Item No. 25 -- She asked for a clarification, it appears staffs recommendation is for denial of the CUP 3984. Chairman Bostwick: Responded yes. T.C. Crownover: Stated if that is the case then she would definitely like to get clarification on this. Under Item No. 25-B, asked to have that explained and how it would be detrimental to the citizens and to the children? Commissioner Boydstun: Stated on page 1, Item No. 2-A, explains that Code requires a 20-foot buffer and the 15-foot open setback and she is putting her play area in the buffer zone. She would actually need 35 feet back there for the type of business that she is doing. T.C. Crownover: Stated schools by the General Plan are permitted within a residential area and all public schools are right next to residential areas, quite often surrounded on three sides. She did not think there were residents home during the day and they are not out in the play area very much at all. After schcol they go out for a half hour and they are back in again. They also offers extended services which that helps with the traffic flow since not everyone is leaving at the same time. So she did not see how that is detrimental to the community if residents are not there when they are in operation and she understands that there have been no letters received opposed to this project. Chairman Bostwick: Stated the consideration is the amount of space for 150 children. There is not very much play area available for them and that is the determent to the children. Commission need to consider the entire neighborhood, Those neighbors need to have the protection of the Zoning code and that is why the staff made this recommendation. THE PUBLIC HEARING WAS CLOSED. Cheryl Flores, Senior Planner: Stated she wanted to question Ms. Crownover's question regarding parking spaces. In the chart on page 3, for the parking in this facility. It is based on 7 spaces for the classrooms (1 per classroom) and 3 spaces for the office area and 7 spaces (one for each teacher) and that would be the 17 spaces required for this school. Staffs recommendation for denial is based on the lack of play area for the children and also as far as the impact the adjacent resident neighbors. T.C. Crownover: Stated they have an inside gym where they do tumbling and climb bars and exercise machines. She does not believe that area has been considered, it is a 1,400 square foot area. As soon as they open up another section they have almost another 400 square feet that will be available for the children to play in. Commissioner Bristol: Asked Mrs. Crownover if she was involved with the original CUP back in March 19977 T.C. Crownover. Responded no. Commissioner Bristol: Explained when this .property was :before Commission in March 1997, their concerns were the parking (stacking coming westbound off of Orangewood), 1 unit for day care (toddlers), and noise. Now the current proposal is for up to 150 students with 7 classrooms. However, 11-24-97 Page 25 the conditional use permit approved in March does not now exist. He could not imagine children playing in a 20-foot buffer area. He also does not feel there is enough parking available there. Commission had problems approving 40 cars coming and going to this located but now there are 150 potential cars. He is also concerned that liquor is being sold within a few feet of the property. T.C. Crownover: Responded she does educational instruction not babysitting. The only reason they provide extended services is that the parents need a safe place to leave their children. They have indoor activities that children enjoy. They have 6,000 square feet outside plus another 1,400 square feet inside. She feels staff is not looking at the total square footage that is actually available.. Regarding the sale of liquor being sold near their property, she said a Montessori school has been approved on Santa Ana Canyon Road. They have a continual non-revocable conditional use permit already granted to them. Immediately behind their property there are two buildings that service open liquor. Within 500 feet of that particular building is a grocery store that sells hard liquor. They are going to be putting signs to stated that this is private property, for customer parking only, no loitering is allowed. Any violators will be towed away. Regarding the traffic. She has already spoken with Traffic Engineering to discuss adrop-off area to alleviate the congestion. They do not use the facility for large gatherings. They always rent a place for their Christmas and Spring program. She put down 150 children but according to their square footage they would be allowed 192 children according to the fire and safety code. This would be 22 children per classroom. Commissioner Boydstun: Asked about the signing-in procedure. Do the parents come in and drop off their children rather than signing them in? T.C. Crownover: Responded they are not required to have asign-in at all but, for example, on rainy days where the parents are in a rush, she has someone at the gate to receive and sign in the child in order to expedite the traffic flow in and out of their school. Commissioner Boydstun: Stated there shouldn't be a stacking problem here as there would be in a preschool. It should not take them as long to unload. T.C. Crownover: Page 6, 2 under Item No. 25 -- She did not understand the undue burden on the adjacent residents due to the close proximity. She asked if this was all one and the same concern? Chairman Bostwick: Responded yes T.C. Crownover: Page 6, C under Item No. 25 -- She was told by other residents that there use to be people that loitered in that area. There is evidence of that by broken beer bottles, etc. She does not know where if not there that they would want a school to operate. It is very different to find a location on Page 7, Condition No. 3 -- She did not understand what the termination of other CUP's is referring to. Commissioner Boydstun: Stated these are old CUP's that are no longer in use before she arrived. T.C. Crownover: Condition No. 8 -Regarding the planting of special plants. She wants to plant some nice flower instead of vines. She would take the responsibility to paint out any graffiti that would be there. Condition No. 10 -She does not agree with granting the CUP for only one year. It is very difficult the find a location for a school and to set up a school is very difficult. Who would enroll their child in any school if there was that uncertainty. She does not feel that the continuity of a Childs education should be broken. How would this effect their pilot programs? They are seeking government grants so they can study how children learn. She feels this is a worthwhile school. 11-24-97 Page 26 Condition No. 14 -She spoke with the Traffic Engineering Division and does not feel they have a real problem there. She concluded by stating she wants to continue to have the school there. She does not want to interrupt the childrens education. She apologized for "jumping the gun" but she said it was not intentional and she has the proof. Commissioner Boydstun: Stated she suggestion Condition No. 4 be changed to no more than one classroom at any one time. Commissioner Bristol: Stated he feels this property is too small and not appropriate for the proposed use. Commissioner Boydstun: Stated she is considering the fact that it has a lot of inside exercise play area. Most schools do not do not have any place to go but outside. Commissioner Bristol: Asked about the letter that Ms. Crownover referenced? Cheryl Flores, Senior Planner: Stated she needs to get a copy of that letter for the file. She has not seen it. It is possible that the original school on Tustin was an industrial area and was permitted as a technical school. But this would definitely require a conditional use permit for this type of school in this zone and apologized for any misunderstanding with the applicant. Chairman Bostwick: Stated he is certain there is a mistake as far as the information as to what was intended and was already there. Cheryl Flores: Stated the vines against the block are a requirement of Code and that would go along with Condition No. 2 that vines would be required. Commissioner Boydstun: Asked if it was explained that with the one year approval that it could be renewed at that time but that gives time an to see if the approved use is working. T.C. Crownover: Stated she would prefer the conditional use permit be granted for two or three years rather than one year. Chairman Bostwick: Stated it does not preclude her from asking for a renewal or extension of the CUP but it gives us a chance to see if the approved use is working. It gives us a chance to look at the whole operation and that is the reason for a one year approval. Selma Mann, Assistant City Attorney: Stated this would not be a renewal but it would be an application for a reinstatement of the use. Not to give the wrong impression that it will be reviewed. The same' findings will need to be made for reinstatement as are made for the original approval and what that does is give the City an opportunity fora "test run" for a limited period of time. _. T.C. Crownover: Asked if that was normal practice that is done with all the other schools in the area. Chairman Bostwick: It all depends on various factors such as the location, conditions and all the problems related to the particular property. 11-24-97 Page 27 ACTION: Approved Negative Declaration Approved Waiver of Code Requirement, in part, as follows: Denied Waiver (a) on the basis that the play area would eliminate the existing and required 20-foot landscaped buffer between the commercial use and single-family residences. Approved Waiver (b) on the basis that the total number of parking spaces required by this particular use is less than the number of spaces which would be required for a retail or service business occupying the same floor area. Denied Conditional Use Permit No. 3984 based on the following: (1) That the design of the site, as proposed, cannot adequately allow the full establishment of the use withput detriment to the peace and safety of the surrounding citizens and children that would utilize the facility; and (2) That the use will impose an undue burden on the adjacent residents due to the close proximity of the proposed play area. VOTE: 4-1 (Commissioner Boydstun voted no and Commissioners .Henninger and Mayer were absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 43 minutes (3:01-3:44) 11-24-97 Page 28 9a. CEQA NEGATIVE DECLARATION Approved 9b. VARIANCE NO. 4326 Granted OWNER: Koll Metro Centre, L.L.C„ 4343 Von Karmen Avenue, Newport Beach, CA 90660 AGENT: Hogle-Ireland, Inc., Attn: Kelly Ireland, 4200 Latham Street, Suite B, Riverside, CA 92501 LOCATION: 2060 South Santa Cruz Street. Property is 6.1 acres located north and east of the northeast corner of Orangewood Avenue and Santa Cruz Street. Waivers of minimum parking lot landscaping and minimum landscape setbacks adjacent to interior property lines to construct additional parking spaces for an existing 22,599 square foot office building. VARIANCE RESOLUTION NO. PC97-170 SR6842TW.DOC ---------------------------------------------------------- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Applicant's Statement: Kelly Carlyle, from Hogle Ireland who is representing the Koll Company: Stated the application is for a variance from landscaped setback for an existing structure. The structure was constructed in 1986. At this time they are not proposing any changes to the structure, however, for the past two years the structure has been vacant. They have obtained a tenant, Mead Partners Inc., who have taken several of their district offices and put them all in one structure. The parking originally approved for the site was to Code. At this time they need additional parking to meet the needs of the number of employees for this facility. They .have proposed to add the additional parking. In addition to that provide landscaping in the form of landscaped diamonds every five spaces along the north property line and throughout the interior of the parking lot as well as taking two of the parking end islands that are currently all concrete. Removing the concrete and landscaping them as well. Per Code they will include vines and comply with required size of landscaping, etc. The improvements will significantly improvement the esthetics and will allow them to meet the needs of their tenant. THE PUBLIC HEARING WAS CLOSED. Cheryl Flores, Senior Planner: Stated she wanted to point out that they have reviewed the plans and do agree that there will be improved aesthetics by the distribution of landscaping throughout the parking area. It is important to point out after reviewing the plans again that there is currently approximately 5,000 square feet of landscaping now. That is going to be reduced significantly to 1,OOp square feet of landscaping. It will be distributed better throughout the parking lot. 11-24-97 Page 29 Kelly Carlyle: Stated they do have a concern with Condition No. 9. Their concern is that there are 16 compact spaces on the building structure site, known as Parcel 1. No changes were proposed to the parking on that side. There is no means to enlarge those due to some existing utilities along side the building. Chairman Bostwick: Asked whether Condition No. 9 would effect the area that they are dealing with? Kelly Carlyle: Responded no, they are not proposing any :new compact spaces. They ask that the condition be modified, that no additional compact spaces be added to the petitioned site. ACTION: Approved Negative Declaration Granted Variance No. 4326 with the following changes to conditions: Modified Condition No. 9 to read as follows: 9. That no additional compact spaces shall be permitted. VOTE: 5-0 (Commissioners Henninger and Mayer absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 5 minutes (3:44-3:49) MEETING ADJOURNED AT 3:50 P.M. TO MONDAY, DECEMBER 8, 1997 AT 11:00 A.M. FOR PRELIMINARY PLAN REVIEW Submitted by: Ossie Edmundson Secretary 11-24-97 Page 30