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Minutes-PC 1998/02/02SUMMARY ACTION AGENA CITY OF ANAHEIM I'LA KING COM ISSION ETING IUIONDAY, FEBRUARY 2, 1998 11:00 A.M. • STAFF UPDATE TO COMMISSION OF VARIOUS CITY DEVELOPMENTS AND ISSUES (AS REQUESTED BY PLANNING COMMISSION). • PRELIMINARY PLAN REVIEW IMMEDIATELY FOLLOWING. 1:30 P.M. PUBLIC HEARING TESTIMONY COMMISSIONERS PRESENT: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES, PERAZA STAFF PRESENT: Selma Mann Cheryl Flores Greg McCafferty John Poole Tim Dunn Alfred Yalda Brad Hobson Brent Shultz Margarita Solorio Ossie Edmundson Assistant City Attorney Senior Planner Associate Planner Code Enforcement Manager Code Enforcement Officer Principal Transportation Planner Community Development Community Development Acting PC Support Supervisor Senior Secretary 02-02-98 Page 1 1. REPORTS AND RECOMMENDATIONS A. (a) MITIGATED NEGATIVE DECLARATION fPrev.-Approved) Approved (b) CONDITIONAL USE PERMIT N0.3939 -REVIEW AND Approved final APPROVAL OF FINAL PLANS: Changiz Zomorodian, 100 plans with South Brookhurst Street, Anaheim, CA 92804, requests review revisions and approval of final site, floor, sign, landscape and building elevation plans for apreviously-approved 3,750 square foot service station including a convenience market with retail sales of beer and wine for off-premises consumption, adrive-through car wash, and two fast food restaurants. Property is located at 301 South Anaheim Boulevard. Continued from the Commission meeting of January 21, 1998. ACTION: Commissioner Henninger offered a motion, seconded by Commissioner Boydstun and MOTION CARRIED (Commissioner Mayer absent), that the Anaheim City Planning Commission does hereby determine that the previously approved mitigated negative declaration is adequate to serve as the required environmental documentation for subject request. Commissioner Henninger offered a motion, seconded by Commissioner Boydstun and MOTION CARRIED (Commissioner Mayer absent), that the Anaheim City Planning Commission does hereby: 1. Approve the final plans and the color and material sample board subject to the approval of the Redevelopment Commission; 2. Approve the logo signs on the pump island canopy and the gasoline pumps and the informational sign at the ends of the pumps; 3. Approve the substitution of brick for non-simulated river-rock for the monument sign; and 4. Approve either the proposed windows or the replacement of the windows with potted plants, at the applicant's discretion. SR7041 KP.WP 5. Approved a solid brick wall pn the north elevation (without windows) as requested by Community Development subject to large potted plants placed adjacent to the north elevation. (Commissioner Peraza stated he was absent for first part of the hearing on January 21, 1998 but he did read the minutes pertaining fo this item. Chairman Bostwick also concurred by stated he had also read the minutes.] Applicant's Statement: Shane Shaw, Growth Management Company, 3820 East La Palma Avenue, Anaheim, CA: Stated they are the engineer and architect for the project and indicated he was available to answer any questions. 02-02-98 Page 2 Brad Hobson, Anaheim Redevelopment Agency: Stated they had their contract architect meet with the applicant and his architect last week to review some items related primarily to materials, colors, elevation and details. It was found that the colors and materials were appropriate and extended the discussion to the monument sign that is being proposed for the comer. They suggested that the brick be consistent with the building as opposed to river-rock that is currently outlined. He understands they will be returning as a Reports and Recommendation Item to Commission. The Redevelopment Agency made a suggestion that they remove the arches to make it more consistent with the.nearby area, particularly the museum. Suggested removal of the glass element, particularly on the north side of the building. Since the applicant was not providing any light into the building the Agency requested that it be replaced with brick.. Also that the applicant provide large pots with shrubbery in them. The Agency was comfortable with the landscaping that has been done, primarily on the north side, 24-inch box trees and a berm. The applicant is going tc be removing the windows and installing the potted plants on the north edge. They will be taking this up with the Redevelopment Commission which is one of the conditions of approval that they previously received. It is not a Redevelopment project per say. The Redevelopment Agency recommends approval. 02-02-98 Page 3 B. (a) CEQA NEGATIVE DECLARATION (PREY.-APPROVED) (b) CONDITIONAL USE PERMIT NO. 3955 -REQUEST DETERMINATION OF SUBSTANTIAL CONFORMANCE: City-initiated (Community Development Department) 201 South Anaheim Boulevard, Suite 1003, Anaheim, CA 92805, requests determination of substantial conformance for setback requirements adjacent to single family developments in conjunction with apreviously-approved 43-lot, 41-unit RM-3000 detached "affordable" one-family dwelling subdivision. Property is located at 555 and 575 East Afton Lane (Lots 13 and 14 of Tentative Tract Map No. 15418). ACTION: Commissioner Henninger offered a motion, seconded by Commissioner Boydstun and MOTION CARRIED (Commissioner Mayer absent), that the Anaheim City Planning Commission does hereby determine that the previously approved negative declaration is adequate to serve as the required environmental documentation for subject request. Commissioner Henninger offered a motion, seconded by Commissioner Boydstun and MOTION CARRIED (Commissioner Mayer absent), that the Anaheim City Planning Commission does hereby determine that the proposed setbacks adjacent to single-family developments for Lots 13 and 14 of Tentative Tract 15418 are in substantial conformance with Conditional Use Permit No. 3955 based upon the following: The modification does not create any significant changes to the overall development. The setbacks for Lots 13 and 14 are within the parameters of the previously approved waiver. Approved Determined to be in substantial conformance Trees planted on 15-foot centers will be planted adjacent to the east property lines of Lots 13 and 14 to provide a landscape screen between the single family and multiple-family residential zones. SR7040KP.WP Brent Schultz from the Anaheim Redevelopment Agency was present to answer any questions. 02-02-98 Page 4 C. CONDITIONAL USE PERMIT NO. 1498- REQUEST FOR Terminated TERMINATION: George and Barbara Kubo, 23361 Villena, Mission Viejo, CA 92692, request termination of Conditional Use Permit No. 1498 (to permit continued use and expansion of an existing plant nursery with waivers of permitted driveway width, maximum building height, and required block wall adjacent to R-A Zoning). Property is located at 721 South Beach Boulevard. TERMINATION RESOLUTION NO. PC98-15 No discussion. D. CONDITIONAL USE PERMIT N0.3954 -REQUEST FOR NUNC Approved PRO TUNC: Staff-initiated (Planning Department) 200 South Anaheim Boulevard, Rm. 162, Anaheim, CA 92805, request to amend Resolution No. PC98-5, Nunc Pro Tunc, to also amend Condition No. 30 to reflect the revision of plans {Exhibit Nos. 1, 2 and 3). Property is located at 1111 North Brookhurst Street. NUNC PRO TUNC RESOLUTION NO. PC98-16 No discussion. 02-02-98 Page 5 PUBLIC HEARING ITEMS: 2a. CEQA CATEGORICAL EXEMPTION-CLASS 21 Concurn 2b. VARIANCE N0.2804 (READVERTISED) Modified OWNER: Vera Everett Trust, c/o Walter A. Friedman, 9 Goodyear, Irvine, CA 92718 LOCATION: 1107 North Brookhurst Street -Guerrero Auto Repair. Property is 0.4 acre located at the northwest corner of La Palma Avenue and Brookhurst Street. City-initiated request to consider the revocation or modification of Variance No. 2804 (waiver of permitted uses, to establish an automobile diagnostic and service center). Continued from the Commission meeting of December 8, 1997. VARIANCE RESOLUTION NO. PC98-17 Applicant's Statement: Walter Friedman, 624 Barnsdale, Anaheim, CA: Stated he does disagree and denies the issues and allegations set forth in the staff report and reserves his legal rights in anyway related to these items. He apologized for his tenants using the property in an unclean manner. He has tried to mitigate those circumstances. Contrary to the allegations set forth in the staff report, neither himself or his existing tenant have received any notice either verbal or written regarding the City's concerns for his property during the past two years. For that and other reasons, he feels he has not received due process of law guaranteed to them under the fifth amendment of the United States Constitution. The entire situation is mitigated by the fact that one third of the perceived property has already been granted to the State of California for freeway widening. This property no longer belongs to them and some of the City concerns for this property actually apply to property now owned by the State of California. The following are his concerns on page 5 and 6 of the staff report: 1. Condition No. 2 -Three waste oil drums are not sufficient. Due to environmental regulations now, waste oil, transmission waste oil, waste coolant and waste oil filters must be recycled. These are heavy items when they form an aggregate in a barrel and typically require large vacuum trucks or hauling trucks which are unable to maneuver inside a building. Typically the Orange County Health Care Agency, the Environmental Division of that agency which is the governing body typically regulates the outdoor storage of waste oil and does, in fact, allow outdoor automotive waste storage. For adequate storage purposes they reasonably need six 55-gallon drums as follows: to be used for waste oil filters, coolant waste, transmission waste oil and automotive crank waste oil. The storage of hazardous waste is adequately regulated and enforced by other appropriate governmental entities, therefore, he recommends that Condition No. 2 be amended to read: 'a maximum of six 55-gallon drums may be stored on the premises provided they are completely screened from the public right-of-way and adjacent properties'. Condition No 5 - He requested that they be allowed to park vehicles overnight in the rear of the properly so they would be obstructed from the public view and the public right-of-way (parked overnight at the rear of the property). 02-02-98 Page 6 3. Condition No. 7 - He requested a clarification on Condition No. 7. In speaking with Mr. Greg Hastings (Zoning Manager) it was his understanding that the wrought.iron fencing that the City is requesting be replaced would be applicable only to the gate on the northerly side of the building and any fencing that must be replaced after the State of California completes the demolition on their property on the southerly side. 4. Condition No. 9 - He understands that the City does not want a retail auto parts store on the premises, however, it must be clarified that the retail sale of vehicle parts in conjunction with auto service is allowable and lawful. He requested that Item No. 9 be amended accordingly. 5. Condition No. 12 -His definition of minor auto repair is basically those types of auto repair that can be reasonable completed in one day. Carburetor overhauling is a minor auto repair service which can be accomplished in one day and should be part of the permitted services in Condition No. 12, otherwise, he feels the City has adequately defined those types of heavy auto repair they do not want in Condition No. 11. 6. Condition No. 12 - He feels other types of minor auto repair be permitted. The concept of "minor" auto repair should not be limited as it is impossible to list all minor services that a typical repair shop would perform on a vehicle. Again, he defines minor auto repairs as those repairs that can be reasonably completed in one day. He proposes the following language for Item No. 12 which states, "permitted types of auto repair shall be minor auto repair, those types of auto repair that can reasonably be completed in one day including, but not limited to the items (listed in the staff report) plus some additional items, smog checks, emission control system servicing and repair. Commission had previously received a copy of the applicant's proposal] THE PUBLIC HEARING WAS CLOSED. Chairman Bostwick: Stated Mr. Friedman testified he had not received any notices, however the staff report stated 11 letters and notices of violation were sent. Tim Dunn, Code Enforcement Officer, Code Enforcement Division: Responded that is correct. Their records show no record of any notices within the last two years. The inspection and notices that were sent were prior to that time. Commissioner Henninger: Stated clearly he is here today which means he received a notice of this meeting and asked if that was right? Tim Dunn: Responded that is correct. Commissioner Henninger: Asked what has been happening with the property in the last two years? Tim Dunn: Responded they have had the same problem there throughout all of these notices and inspections. This facility is operating as a major repair facility. Each time that Mr. Friedman has been notified he has corrected the problems for the time being, but then when there is a tenant change they have the same problems again. Commissioner Henninger: Asked what has been going on the last two years? The last comments were two years ago, What has happened since that time? How did staff come to their conclusion? Tim Dunn: Responded Code Enforcement received a citizens complain in August 1997 concerning conditions out there.. They then went out and inspected and found a number of problems at the property including outdoor repair, engines being tom apart, part storage, poor landscaping. These problems were brought to Mr. Friedman's attention at a meeting on December 3 1997. He has taken care of most of the issues related to the :property. He has painted the building, improved the landscaping, worked on fencing, the tenant has reduced the amount of cars there and outdoor storage. However the problem with auto repair remains. 02-02-98 Page 7 Commissioner Boydstun: Asked in their inspection of August 1997, did you discuss the concerns with the tenant? Tim Dunn: Responded yes he did. The tenant began an immediate clean-up of the property even before the property owner was notified. John Poole, Code Enforcement Manager: Stated they have been working, as Commission knows, south of this area. They had seen the problems occurring there but did not have the ability to take that particular problem on but they had been aware of it during that period. Commissioner Boydstun: Asked Mr. Friedman if the tow truck that is sometimes on the premises belongs to that business? Walter Friedman: Responded it belongs to the tenant. Commissioner Boydstun: Asked what does he do with the cars he tows in? Walter Friedman: Responded he thought the tenant repairs those cars. Commissioner Boydstun: Asked if he stored any? Walter Friedman: Responded he has in the past stored vehicles. Commissioner Boydstun: Stated that he is not licensed to store. Walter Friedman: Responded not to his knowledge. Chairman Bostwick: Stated Commission has some concerns that there is going to be very limited parking at the property once Caltrans has taken some of it. The building size would require six parking places. Asked if they will have enough room when the property is completed? Walter Friedman: Responded after the taking by Caltrans, he believed there would be in excess of 11,000 feet. When you subtract the building's square footage, there is adequate land to accommodate those six parking spaces. Commissioner Boydstun: Stated they have to also allow for the driveway from the front to the back. Walter Friedman: Stated there is going to be only one driveway remaining. When the state purchased the property for the widening of the intersection on La Palma they basically destroyed the egress/ingress on La Palma. That is the property line that is being.pushed northerly almost to the edge of the building. That land is currently owned by the State. Commissioner Bristol: Asked Mr. Friedman if he requested Condition No. 9 be deleted? Walter Friedman: Responded he wanted clarification that the retail sale of vehicular parts in conjunction with service is an allowable activity. He would concur with a retail sale of parts, such as in an auto parts store. Commissioner Henninger: Asked if he was going to start a tire store at that location? Walter Friedman: Responded as stated in his letter to the Planning staff, he thought the incidental sale of tires related to auto repair was a reasonable use. Staff did not concur with him, obviously it is something that they would like to be able to do. Chairman Bostwick: Stated Condition No. 9 is calling for the retail sale of vehicles meaning the applicant will not resell vehicles or parts . Obviously, parts sold in conjunction with his service work would not be considered retail sales. 02-02-98 Page 8 Commissioner Boydstun: Asked if it could be reworded, 'that the retail sales of vehicle parts with service is permitted and fire sales with installation'. Commissioner Henninger: Stated staff wanted to see a retail fire shop there. Commissioner Henninger: Asked if the tenant currently has the equipment to remove and replace tires? Commissioner Henninger: Responded the tenant does have a hydraulic machine for removing and replacing tires. John Poole: Stated the intent of that proposal is to restrict the sale of cars, because that has been a problem, and also portions of a car, but not to restrict the sales of a tune-up equipment, etc. Cheryl Flores: Stated the concerns of staff with regard to fire sales is that there is not enough room for a large inventory of tires. Chairman Bostwick: Stated they could make an alteration that the retail sales of vehicles or vehicular parts including fire sales installation shall not be permitted except those used in conjunction with the service items listed in Condition No. 12. Commissioner Peraza: Asked regarding the three oil drums compared to six -would six make a difference? John Poole: Responded if they screen it, it should not make a difference. A concern is whether the property gets too many barrels then there would be less room for parking. Six 55-gallon drums should not present a problem. Commissioner Peraza: Stated if there is no problem, then perhaps it should be changed to six. Commissioner Boydstun: Asked if the slatted fence is going to remain or be removed with Caltrans? Mr. Friedman: Responded the fence on the southerly property line is now entirely owned by Caltrans. So that slatted fence on the southerly part would be removed. As a previously requested clarification, any portion of that fencing that is replaced be replaced with wrought iron and the gate on the northerly part of the property. He would like to replace that with wrought iron now but that would be the only two areas addressed with wrought iron. Commissioner Boydstun: Asked how would it be screened with wrought iron because that side looks right into their back lot? Walter Friedman: Stated that's a difficulty with wrought iron, but he could put up chain link fence screening•slats. - Commissioner Boydstun: Stated he did not go far enough. Walter Friedman: Stated he did not have a problem doing the entire perimeter of the property in plastic slats. Personally he believed that the beige plastic slats that have a wood look are more appealing. That would completely screen the entire rear section of the property, both from the public right of way and from the adjacent properly. It would be an entirely screened area. He agreed that wrought iron fencing is difficult to screen. Commissioner Boydstun: Asked if Code Enforcement has any idea how they could screen that wrought iron fence because wrought iron looks better but you can be see through it. Chairman Bostwick: Asked if Caltrans is going to build a fence or are they going to build a sound wall along that property? 02-02-98 Page 9 Walter Friedman: Responded he did not have the details with him. They are obligated to repair and reconfigure the property according to any requirements of governmental entities. This would be directing Caltrans what Commission requests. Their obligation is to repair and reconfigure the property after their demolition. Chairman Bostwick: Stated they have chain link around the north and west sides of the property and on the south side at the present time. The applicant will screen the north and west property with slats and chain link and Commission can require a block wall on the southern side of the property up to the corner of your:building and a wrought iron gate can be put between the fence and the building. Walter Friedman: Responded yes, on the northerly side, that makes sense. Chairman Bostwick: Stated no, on the south side, will be a five foot easement once completed. Between that and the building will be a five foot gate wrought iron, on the south side. Walter Friedman: Stated it is not a problem and asked if it would be possible to make that time consideration for the actual demo which would occur subsequent to the demolition of Caltrans? Commissioner Boydstun: Stated it should go along with the freeway to add a few more slats so there is not a gap to see through. Chairman Bostwick: Stated when they approved the church on the property to the north of this that they were saying that there was going to be a sound wall along the freeway. It should come up to this property as well, and bring it up to the corner of his building. Cheryl Flores: Stated that can be checked into since they did not have those plans or information on that sound wall at this time. Is it Commission's intent that if the Caltrans wall does not run along the south side of the building that the property owner provide the block wall? Chairman Bostwick: Stated that a block wall and a wrought iron gate between the block wall and the corner of his building at the easterly corner of his building be provided. The applicant is going to put a wrought iron gate on the north side of building between the building and chain link fence. Walter Friedman: Stated he will replace the gate on the north side of the building up to the chain link and anything east to the gate. To the east of the gate, he did not know if that fence is on their property line. It is chain link, and he did not know if that has been addressed with the remodeling plans of the church. Commissioner Henninger: Stated if that gate is his then it should be taken it down. Walter Friedman: Stated he will take it down if it is his. He does not know at this time and it will be determined when the church comes. If it was taken down now it would leave the church property with no security - with a big open gap. He did not think it was reasonable at this time to remove it. Commissioner Boydstun: Stated it does come up to their gate. Chairman Bostwick: Stated there is landscaping over here (referenced map). Commissioner Henninger: Recommended staff to coordinate the fencing in that section. Selma Mann, Assistant City Aktorney: Recommended the following language be added to Variance No. 2804, 'be modified to be consistent with the original approval of this variance based upon the oral and written evidence submitted to the Commission, which is incorporated by this reference and finding', then deleting on. Then continues with the following, 'Variance No. 2804 be modified to be consistent with the intent of the original approval of this variance, based upon the oral and written evidence submitted to the Commission, which is incorporated by this reference and find the following' and then whatever offer it is that the Commission is making.. 02-02-98 Page 10 Commissioner Henninger: Recommended the following changes to Paragraph No. 21 of the conditions of approval: Condition No. 2 -There is no problem with changing to six barrels rather than three. 2. Overnight parking -With the fencing that was discussed, that is going to be a secured area, and he did not have a problem with that. He would like overnight parking to be limited to the interior of the building and behind the building. This condition relates to parking and parking according to the Code is something that is done with an operable vehicle. If it is an inoperable vehicle then it is considered outdoor storage which is not allowed. The storage of an inoperable vehicle is covered in Condition No. 2. 3. Condition 7 - On the south property line, wherever the new property line is, on the west boundary of the site there will be a black wall up to a point where it intersects a projection of the front building line to the southwest. In that space between the building wall and this block wall there will be a wrought iron fence filling in and a gate there to allow access to the back. On the west property line there will be a chain link fence with slats. On the north property line, from the west property line over to a point where the northwest building corner projecting that corner north where it intersects, there will be a chain link fence with slats. Between the building corner and the fence there will be wrought iron with a gate that allows access to the back of the building. Along the north property line east of that wrought iron fence there will be either no fence or perhaps a chain link fence and this is an issue that staff needs to decide on by reviewing the church plans, coordinating and making sure that there is appropriate separation there. 4. Condition No. 8 -Would like to clarify it by saying, 'that any additional signage other than the one existing wall sign facing the intersection would be subject to a Reports and Recommendation review by the Commission' (recommended by Cheryl Flores, Senior Planner). 5. Condition No. 9 - Be amended by adding another sentence to stated, 'this condition does not include the incidental sale of auto parts that are installed on the vehicle as part of the repair process'. 6. Strike out the words "carburetor overhaul" on Item No. 21, Condition No. 11? 7. Condition No. 12 -Substitute the proposed language what Mr. Friedman has submitted. OPPOSITION: None ACTION: Concurred with staff that the proposed project falls within the definition of Categorical Exemptions, Class 21, as defined in the State EIR Guidelines and is, therefore, categorically exempt from the requirements to prepare an EIR. Modified Variance No. 2804 based upon the oral and the written evidence submitted at the public hearing.. Modified Resolution No. PC76-94, in its entirety, adding the following conditions of .approval: That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. That no outdoor storage of, display of, or work on vehicles or vehicular parts, shall be permitted except for a maximum of six (6), maximum 55-gallon each, oil drums which may be stored behind the building provided they are completely screened from the public rights-of-way and adjacent properties and in compliance with all applicable regulations pertaining to the storage of 02-02-98 Page 11 hazardous waste and further that no outdoor work, including diagnostic services shall be conducted at any time. 3. That the owner of the subject property shall be responsible for the removal of any on-site graffiti within twenty-four (24) hours of its application. 4. That no banners or other advertising shall be displayed within the service bays and visible from the public rights-of-way unless a valid Special Events Permit has been approved to authorize such display. 5. That overnight parking shall be limited to the interior of and behind the building. Vehicles parked outside the building must be operable. 6. That any tree, shrub, or flower planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased, and/or dead. Further, that any trees or other landscape material shall not be unreasonably trimmed. 7. That a block wall shall be provided along the south property line on the west boundary of this site, up to the point where it intersects a projection of the front building line at the southwest corner of the building. That wrought iron fencing with a gate that allows access to the back of the building shall be provided in the space between the building and the block wall. That chain link fencing with slats shall be provided on the west property line and on the north property line from the west property line over to a point where the northwest building corner (projecting that corner north) intersects. That a wrought iron fence with a gate that allows access to the back of the building shall be provided between the northwest building corner and the fence. That along the north property line, east of the wrought iron fence, the existing chain link fence shall be removed if it is determined that it is owned by this:property owner. The property owner shall work with staff to determine if a fence is needed at this location, and if so, the type of fence to be constructed. 8. That any additional signage, other than the existing wall sign facing the intersection, shall be subject to approval by the Planning Commission as a Reports and Recommendations item. 9. That the retail sales of vehicles or vehicular parts, including fire sales and installation, shall not be permitted. This condition shall not include the incidental sales of auto parts that are installed on the vehicles as part of the approved auto service. 10. That trailers, modular buildings, shipping containers, or any other type of outdoor temporary storage container shall not be permitted on the property. 11. That heavy auto repair, including but not limited to, engine overhauling, transmission and differential overhauling, head gasket replacement, valve overhauling, and auto body and painting shall not be permitted on the premises. 12. Permitted types of auto repair shall be minor auto repair (those types of auto repair that can reasonably be completed in one day) including, but not limited to, electronic diagnosis, minor tune-up adjustments, chassis tube, oil and filter changes, battery charge and/or replacement, front end alignment, fire balancing, fire rotation or repair, timing belt replacement, muffler replacement, fuel system and injector servicing, ignition system servicing, alternator or generator replacement, spark plug or spark plug wire replacement, clutch replacement, radiator servicing or flushing, fan belt replacement, water and 02-02-98 Page 12 fuel pump replacement, filter replacement, brake servicing and replacement, carburetor overhauling, air conditioning service and repair, smog checks, emission control system servicing and repair. VOTE: 6-0 (Commissioner Mayer absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSIOPI TIME: 34 minutes (1:39-2:13) 02-02-98 Page 13 3b. WAIVER OF CODE REQUIREMENT 3c. CONDITIONAL USE PERMIT NO. 3996 OWNER: Orange County Association for Buddhist Practices, Inc., 1501 W. Katella Avenue, Anaheim, CA 92802 AGENT: Larry Lazar, 12555 High Bluff Drive, #120, San Diego, CA 92130 LOCATION: 1501 West Katella Avenue. Property is 0.97 acre located at the northwest comer of Katella Avenue and Ninth Street. To construct a new one-story 3,450 square foot Buddhist Temple with a 3,450 square foot storage basement and atwo-story, 5,814 square foot classroom building with waivers of (a) minimum structural setback, (b) minimum number of parking spaces, (c) minimum landscape setback, (d) minimum setback of institutional uses adjacent to a residential zoned property and (e) minimum parking lot landscaping. CONDITIONAL USE PERMIT RESOLUTION NO. PC98-18 Approved Approved., in part Granted, in part FOLLOWINGIISASUMMARY;OF,1fHEP.~LANNING;COMMISSION`ACTiON.,,'~ 'J Applicant's Statement: Larry Lazar, 64 Rainwood in Aliso Viejo, California 92656: Stated he was present on behalf of the Anaheim Buddhist Temple. About two years ago they came before Commission and were granted approval to construct the existing dormitory. They are now proposing a second phase of remodeling and removing the existing temple sanctuary, existing classroom buildings and the existing office buildings and putting up newer buildings where the activity space is the same amount of square footage that currently exists on the site. There will be a subterranean storage area for tables, chair, books and audio visual equipment. The number of parking spaces on the site will remain the exact number of spaces that are out there now. That is based upon a demand study that was compiled by Wes Pringle and Associates, that staff has reviewed. They are in agreement with staffs recommendations. He stated he is available for any questions along with the project architect who is also present. THE PUBLIC HEARING WAS CLOSED. Chairman Bostwick: Asked the applicant if they own the property to the north of the house immediately adjacent on Ninth Street? Mr. Lazar: Responded yes, that is part of the Temple property and is used as a residence for some of the nuns that live on the site. Chairman Bostwick: Recommended a reclassification change from an RSA43000 to the CL and do a lot line adjustment and possibly include all three parcels instead ofjust the two, so all of this comes under one property, thus eliminating some of the variances. Cheryl Flores, Senior Planner: Stated she did some research on this during the lunch time and the general plan is for single family residential for this corner parcel at Katella and Ninth. It would take a general plan amendment to be able to change that zoning to a commercial designation. 02-02-98 Page 14 Commissioner Henninger: Stated he thought Chairman Bostwick was probably right, but he did not think that it would result in .any physical difference at the site. Chairman Bostwick: Stated that is true. Commissioner Henninger: Stated he is tempted to just go with it because it will not change the physical conditions of the site. Commissioner Boydstun: Recommended approving Waivers (a), (b), (d) and (e) and delete of Waiver (c). Commissioner Boydstun: Recommended adding a condition that the roof mounted equipment return as a Reports and Recommendation Item. Commissioner Henninger: Add a condition that states, 'that the activity will conform to the assumptions of the traffic study'. Cheryl Flores, Senior Planner: Stated staff recommends adding approximately 50 square feet of landscaping in the area between the buildings, which would bring the landscaping requirement to Code, even though it would be distributed a little differently than Code requires. Chairman Bostwick: Asked if that is something they can work with? Larry Lazar: Responded yes, they can work with staff on this. They can certainly add the landscaping if necessary. Commissioner Henninger: Recommended that a condition be added that the applicant will provide 50 square feet of landscaping. Commissioner Bristol: Stated he visited the property on Sunday and observed on the northerly parking three cars tandem closest to the northern part of the building and one on the other side where children were playing. He also noticed the gate off of Katella appeared to be either closed or locked. He asked staff their opinion on the closed gate. Commissioner Henninger: If they want to use that as a play area for children then there would be a concern with protecting the children from through traffic versus the emergency egress from the site. Alfred Yalda, Principal Transportation Planner, Traffic Engineering Division: Responded the only concern is that the gate should be open at least on Sunday morning for church services so people will not back up onto the street, trying to get in because the gate is closed, if that is the gate on the street he is referring to. He did not have a problem with the other gate. Commissioner Henninger: Stated there are two gates on the street. _ __ Commissioner Boydstun: Stated one on Ninth Street and the other on Katella Avenue. Commissioner Bristol: Stated the gate on Ninth was open, the one on Katella was closed. He thought of going into that because he could not park anywhere along Katella to look at the property. He passed it and parked somewhere else. Itjust seemed people would have a difficult time trying to exit, especially onto Ninth Street. Commissioner Peraza: Stated if it was used for a play area then they would want it safe so the children do not run out into the street. Commissioner Bristol: Stated no, they used Ninth Street for a play area -not Katella. Commissioner Henninger: Asked the applicant if he had a problem keeping that gate open for safety reasons? 02-02-98 Page 15 Larry Lazar: Responded no, currently most of the access to and from the site is off Ninth Street, but they will work with the staff to come up with a program as to when it should be unlocked and/or open. OPPOSITION: None ACTION: Approved Negative Declaration Approved Waiver of Code Requirement, in part, as follows: Approved waivers (a), (b), (d) and (e) and denied waiver (c) on the basis that it was deleted following public notification. Granted, in part, Conditional Use Permit No. 3996 based upon the oral and written evidence submitted at the public hearing with the following changes to conditions: Added the following conditions: That final plans showing the roof mounted equipment shall be submitted to the Zoning Division of the Planning Department for review and approval by the Planning Commission as a Reports and Recommendations item. That the granting of the parking waiver is contingent upon operation of the use in conformance with the assumptions and/or conclusions 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 andlor conclusions, as contained in the parking demand study, shall be deemed a violation of the expressed conditions imposed upon said waiver which shall subject this conditional use permit to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. 02-02-98 Page 16 That a minimum of fifty (50) square feet of additional landscaping shall be provided in the area between the buildings. Subject landscaping shall be specifically indicated on plans submitted for building permits. That the gate located on Katella Avenue shall remain unlocked and/or open during temple hours of operation. VOTE: 6-0 (Commissioner Mayer absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 11 minutes (2:13-2:24) 02-02-98 Page 17 4a. 4b. OWNER: Anaheim Hills Plaza, Inc., Attn: Bob Courtney, P.O. Box 16700, Encino, CA 91416-6700 AGENT: Elizabeth Garcia, 7015 E. Blackbird Lane, Anaheim, CA 92807 LOCATION: 430 South Anaheim Hills Road. Suites H. I and J - Anaheim Hills Plaza. Property is 11.4 acres located at the northeast corner of Nohl Ranch Road and Anaheim Hills Road. To permit a 2,100 square foot full-service veterinary clinic within an existing commercial center. CONDITIONAL USE PERMIT RESOLUTION NO. PC98-19 Applicant's Statement: Elizabeth Garcia, 7015 East Blackbird Lane, Anaheim, CA: Stated she is proposing to open a veterinary practice in an existing shopping center. She read the staff report and is in agreement staffs recommendations. There will be no outdoor boarding or kennel facilities. There will be a concerted effort to ensure that none of the neighbors in the shopping center have any complaints concerning noise, odor or sanitation. She will be doing some interior modifications by adding some additional insulation tc ensure that there is no noise problems from barking dogs. THE PUBLIC HEARING WAS CLOSED. OPPOSITION: None ACTION: Approved Negative Declaration - -~ Granted Conditional Use Permit No. 3997 based upon the oral and written evidence submitted at the public hearing. VOTE: 6-0 (Commissioner Mayer absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 2 minutes (2:24-2:26) 02-02-98 Page 18 5a. CEQA NEGATIVE DECLARATION 5b. CONDITIONAL USE PERMIT NO. 3998 OWNER: Dale K. Lenk, Dale F, Lenk, and Jayne P. Lenk, 860 W. 18th Street, Costa Mesa, CA 92627 AGENT: Linda D. Lee, 1419 Lake Cook Road, #1410, Dee~eld, IL 60015 LOCATION: 1201 North Barsten Wav. Property is at 0.23 acre located at the northwest corner of Coronado Street and Barsten Way. To permit a medical waste transfer facility. CONDITIONAL USE PERMIT RESOLUTION NO. PC98-20 Granted ;FOLLOWING"IS A SUMMARYOF THE PLANNINGiCpMMISSION ACTION.":"" Applicant's Statement: Mike Dunewarden, Regional Manager for Stericycle: Stated Stericycle is a physician founded company, headquartered in Deerfield, Illinois. For the past six years they have operated a processing facility in Loma Linda, California. At this time, due to growth in their business, they would like to place a transfer station in Anaheim due to it's proximity to different freeways and be near to the Orange County health care community thereby transporting material to their facility in Loma Linda more efficiently. The transfer permit enables them to utilize small vehicles in this area, then just transfer sealed containers onto a larger truck and make only one trip to Loma Linda as opposed to multiple trips each day. Stericycle is a publicly traded corporation on the NASDAQ Stock Exchange. He indicated Margaret Burris, the District Manager for the area is present and they are available to answer any questions. THE PUBLIC HEARING WAS CLOSED. OPPOSITION: ACTIONi' VOTE: None Approved Negative Declaration Granted Conditional Use Permit No. 3998 based upon the oral and written evidence submitted at the public hearing. 6-0 (Commissioner Mayer absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 3 minutes (2:26-2:29) 02-02-98 Page 19 6a. CEQA NEGATIVE DECLARATION Approved 6b. WAIVER OF CODE REQUIREMENT Approved 6c. CONDITIONAL USE PERMIT NO. 3999 Granted OWNER: Peter Lawrence Dunkel, Cheryl Jean Dunkel, Larry S. Dunkel, and Sarah P. Dunkel, 2475 W. La Palma Avenue, Anaheim, CA 92801 AGENT: Caster Group L:P., Attn: Tom Kearney, 4607 Mission Gorge Place, San Diego, CA 92120 LOCATION: 2475 West La Palma Avenue. Property is 3.7 acres located on the north side of la Palma Avenue, 980 feet west of the centerline of Gilbert Street. To permit a 161,800 square foot, 1 and 2-story self-storage facility including an existing 50,000 square foot warehouse building with waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. PC98-21 SR6545DS.DOC Brian Caster, Caster Group in San Diego: Stated he is representing the land owner and the architect. They are in full concurrence with the conditions placed on the property for their future development, except for the roof treatments. Staff is requesting Spanish file but they use metal on their facilities, similar to ones you see in many retail centers. He would like to address Item No. 22(b) of the staff report, under Recommendations. He was just made aware of a letter received (by Tina Salmon) this afternoon just prior the meeting. He indicated he would like to comment on the letter received when appropriate. THE PUBLIC HEARING WAS CLOSED. Commissioner Henninger: Asked staff for their comments regarding the roofing treatment. Cheryl Flores, Senior Planner, Planning Department; Stated this condition was directed towards the historical house that is located just east of this property. It does have a the roof and this condition was crafted tote compatible and blend with that file roof in the area. It would also have a better longevity than the standing metal seam roof that is proposed. Commissioner Henninger: Asked where that historic house was located? Commissioner Boydstun: Responded it is located just east. It is in the ML Zone. Brian Caster submitted samples of their roof.] Cheryl Flores: The existing roof finish is some kind of shingle that is on there. Rick Wallace, architect for the project; Stated the existing roof system is a flat clay file as opposed to a barrel file that is on the adjacent historical building. Commissioner Henninger: Asked about the handout that was received by Commission and asked if that was what he was proposing. 02-02-98 Page 20 Rick Wallace: Similar to that using it as an accent finished material for the roofing. They will be keeping within the colors of the traditional file colors. They are staying within the same spectrum of colors. Commissioner Henninger: Asked if this would have a factory applied finish? Rick Wallace: Responded yes. It is state of the art in terms of its tolerance to the weather and fading. Commissioner Henninger: Recommended deleting Condition No. 6. Add a condition regarding signage to state that signage will return as a Reports and Recommendation Item. Cheryl Flores: Recommended the termination of Administrative Adjustment No. 0030 (paragraph no. 5 of the staff report). OPPOSITION: None ACTION: Approved Negative Declaration Granted Conditional Use Permit No. 3999 based upon the oral and written evidence submitted at the public hearing with the following changes to conditions: peleted Condition No. 6 That final sign plans shall be submitted to the Zoning Division of the Planning Department for review and approval by the Planning Commission as a Reports and Recommendations item. That the owner of the subject property shall submit a letter requesting termination of Administrative Adjustment No. 0030 {for minimum number of parking spaces to construct an industrial building) to the Zoning Division. VOTE: 6-0 (Commissioner Mayer absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 7 minutes (2:29-2:36) 02-02-98 Page 21 APPOINTMENT OF AN ALTERNATE PLANNING COMMISSION REPRESENTATIVE TO THE COMMUNITYWIDE CDBG CITIZEN PARTICIPATION COMMITTEE: ACTION: Chairman Bostwick offered a motion, seconded by Commissioner Henninger and MOTION CARRIED (Commissioner Mayer absent), that the Anaheim City Planning Commission does hereby appoint Commissioner Bristol as the alternate to the Communitywide CDBG Citizen Participation Committee for the Community Development Block Grant Program. MEETING ADJOURNED AT 2:40 P.M. TO WEDNESDAY, FEBRUARY 18, 1998 AT 11:00 A.M. ', FOR PRELIMINARY PLAN REVIEW ', Submitted by: 0,.~4, ~ Ossie Edmundson Senior Secretary 02-02-98 Page 22