Loading...
Minutes-PC 1998/05/27SUMMARY ACTION AGE DA CITY OF ANA EIM PLANNING COMMISSION MEETING WEDNESDAY, MAY 27, 1998 11:00 A.M. • STAFF UPDATE TO COMMISSION OF VARIOUS CITY DEVELOPMENTS AND ISSUES (AS REQUESTED BY PLANNING COMMISSION) • PRELIMINARY PLAN REVIEW 1:30 P.M. PRESENTATION TO JULIE MAYER • PUBLIC HEARING TESTIMONY COMMISSIONERS PRESENT: BOSTWICK, BRISTOL, HENNINGER, NAPOLES, WILLIAMS ABSENT:BOYDSTUN,PERAZA STAFF PRESENT: Selma Mann Greg Hastings Kevin Bass Don Yourstone Alfred Yalda Melanie Adams Margarita Solorio Ossie Edmundson Assistant City Attorney Zoning Division Manager Associate Planner Sr. Code Enforcement Officer Principal Transportation Planner Associate Civil Engineer Acting PC Support Supervisor Senior Secretary 05-27-98 Page 1 Presentation of a plaque to Julie Mayer in acknowledgment of her 5 years of service on the Planning Commission. Chairman Bostwick: Stated the Commission would like to honor Julie Mayer and thank her far her five years service on the Planning Commission. He then asked all the Commissioners to join with him in presenting her a plaque. Julie Mayer: Thanked her fellow Commissioners and also the City staff. She had a wonderful time serving on the Planning Commission. There were many challenges and learning experiences. She is very proud of the work done in Anaheim. She hopes other citizens will come forward and volunteer to serve. 2. Oath or Affirmation of Allegiance: New Planning Commissioner - Paul Williams. Chairman Bostwick: Announced the next order of business which was the swearing in of the new Planning Commissioner, Paul Williams. Lee Sohl, the City Clerk performed this function. Presentation was made Oath was made REPORTS AND RECOMMENDATIONS A. a) CEQA CATEGORICAL EXEMPTION-CLASS 3 b) CONDITIONAL USE PERMIT NO. 107 -REQUEST FOR _ DETERMINATION OF SUBSTANTIAL CONFORMANCE: Karen Frerking -Zion Lutheran Church and Schools, 222 N. East Street, Anaheim, CA 92805, requests determination of substantial conformance to construct iwo shade covers for a play area in conjunction with an existing church with school facilities. Property is located at 222 N. East Street -Zion Lutheran Church. Continued to June 8, 1998 SR1045JK.DOC (Commissioner Bristol abstained from voting on this item.] Chairman Bostwick: Offered a motion for a two week continuance, seconded by Commissioner Napoles and motion was carried. 05-27-98 Page 2 B. CONDITIONAL USE PERMIT NO. 649 AND VARIANCE NO. 788 -REQUEST FOR TERMINATION: Sarang Presbyterian Church, James Choi, 19200 S. Pioneer Blvd., Cerritos, CA 90703, requests termination of Conditional Use Permit No. 849 (to permit a training center) and Variance No. 788 (to permit a directional sign to advertise adjacent home sales). Property is located at 1111 North Brookhurst Street. TERMINATION RESOLUTION NO. PC98-80 Terminated (Vote: 5-0, Commissioners Boydstun and Peraza absent) There was no discussion. C. VARIANCE N0.4138 -REQUEST FOR TERMINATION: Sandy I. Jo, 249 Borremeo Avenue, Placentia, CA 92870, requests termination of Variance No. 4138 (waiver of maximum height to construct a 3-story single family residence). Property is located at 530 South Old Ranch Road. TERMINATION RESOLUTION NO. PC98-81 Terminated (Vote: 5-0, Commissioners Boydstun and Peraza absent) There was no discussion. D. VARIANCE NOS. 843. 934 AND 1561 -REQUEST FOR TERMINATION: Frederick J. Hanshaw, 10921 Westminster Avenue, Garden Grove, CA 92843, requests the following terminations: Variance No. 843 - to construct and operate a 60-unit model; Variance No. 934 - to operate a real estate office; and, Variance No. 1561 -waivers of block wall requirement on east boundary and 1-story, height limit to permit construction of a 2-story planned multi-family residential development. Property is _ located at 2930 West Lincoln Avenue #1 -Cheers Market. TERMINATION RESOLUTION NO. PC98-82 Terminated (Vote: 5-0, Commissioners Boydstun and Peraza absent) There was no discussion. 05-27-98 Page 3 PUBLIC HEARING ITEflAS: 2a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) 2b. CONDITIONAL USE PERMIT NO. 3816(READVERTISED) OWNER: Solid Rock Four Square Church, Attn: Rev. Glen Merriman, 101 East Orangethorpe Avenue, Anaheim, CA 92801 LOCATION: 101 East Orangethorpe Avenue -Solid Rock Four Square Church of Anaheim. Property is 2.5 acres located on the north side of Orangethorpe Avenue, 310 feet east of the centerline of Lemon Street. To permit apre-school for up to 75 children in conjunction with a previously- approved 13,560 square foot church in the ML (Limited Industrial) Zone. Continued from the Commission meeting of May 11, 1998. CONDITIONAL USE PERMIT RESOLUTION NO. PC98.83 Denied Denied request to amend CUP 3816 SR711 ~- ,: ~ -:°;~ FOLLOyI(ING IS ASUMMARY,,OF.THE P~LANNING~COMMISSION~ACT;ION: ~ '" ~ i Applicant's Statement: Glen Merriman, 1229 North Mark Lane., Anaheim, CA: Stated they are asking for some changes in their conditional use permit to allow them to operate a preschool on their church property. They feel that they could offer a service to the community in operating a preschool at that location. He understands that there are some concerns with regards to the outdoor playground and the health of the children. His response to that was that six months ago an Easter Seal consultant who was looking for a preschool site had come and visited the facility and stated that if their site had approval for a preschool facility then they would have made arrangements to use the facility as a preschool. It was at her suggested that they plotted the playground area. Another concern stated is that they might impede future growth. In the future, if an the preschool hampers industrial growth, then they would seriously consider closing it. They feel they could do a good job at that location. ' - THE PUBLIC.HEARING WAS CLOSED. Chairman Bostwick: Stated he has read the recommendation of staff and they have serious concerns and are recommending a denial based on the existing industrial area surrounding the property. He had questions concerning the fumes or odors around the area and how that would affect the children in their outdoor activities. Glen Merriman: Responded he lives at La Palma and Imperial Hwy. and he can not tell a significant difference from that community to where they are located on Orangethorpe Avenue. The hours that the children would be in the playground would not be the heavy traffic hours. They would be midmorning and early afternoon. So he did not see that as being a problem. Commissioner Henninger: The adjacent business are fairly heavy industrial uses. Those business are doing manufacturing of fabrication with plastics, fiberglass, etc. He agreed there is a strong potential for 05-27-98 Page 4 this proposed use to be incompatible with the adjacent industrial uses. The church works because it has off hours but he was not so sure about the preschool which would operate during .normal business hours. Glen Merriman: It is true that they are surrounded by some industrial area, however, the immediate surrounding area is primarily retail. Commissioner Bristol: Reviewing the conditions of approval on their past conditional use permit he could see on Condition No. 5 that the approval of the church facility does not include child daycare or preschool activities. There were comments in the minutes about that concern that staff had at that time. He concurs with the staff report that the site is not appropriate location for a preschool. This is no reflection on the applicant's operation. Commissioner Bostwick: He was voting contrary to the majority vote because he felt that there is a way to come to some type of an agreement, as they have done with other church properties in the area and they hold harmless the City for any problems that may occur. OPPOSITION: None ACTION: Determined that the previously-approved Negative Declaration is not adequate to serve as the appropriate environmental documentation for this request on the basis that an accessory pre-school was not identified in the initial study utilized to determine the adoption of that Negative Declaration. Denied the request to amend Conditional Use Permit No. 3816 (to permit a pre- school facility for up to 75 children within a church facility) based on the following: That the existing industrial communityand its related activities are not compatible with a children's outdoor playground. 2. That the approval of the pre-school may impede the existing and future development of the surrounding industrial properties that may be too intensive to be located near the outdoor playground area. VOTE: 4-1 (Chairman Bostwick voted no and Commissioners Boydstun and Peraza were absent) DISCUSSION TIME: 8 minutes (1:38-1:46) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. 05 27-98 Page 5 3b. CONDITIONAL USE PERMIT NO. 4031 OWNER: Boeing North American, Inc., Attn: Randy Carrera, 3370 E. Miraloma Ave., Anaheim, CA 92803 LOCATION: 3370 East Miraloma Avenue -Boeing. Property is 112 acres located at the southwest corner of Miraloma Avenue and Miller Street. To permit twenty (720 square foot each) temporary trailers for office use in conjunction with a research and development facility. CONDITIONAL USE PERMIT RESOLUTION NO. PC98-84 Approved Granted for 4 years (To expire 5-27-02) s s • • Applicant's Statement: .Randy Carrera, representing Boeing North American: Stated they are proposing to install a 26 trailer complex to house new employees coming to the site due to the reconsolidation of the Boeing operations from Washington down to the California area and also the awarding of new programs to Boeing. They are receiving a lot more business at the Anaheim site. They may be seeing as much as 1,000 new people coming to this site. The trailers are to meet this new space demand. Their management wants to set up the operation of one of the new programs right away. They did a square footage analysis of their current location. They are currently revamping the remaining available square footage for the upcoming programs. In addition to this, they need the 26 trailers to actually house people while those renovations are being done and to rotate people into those trailers so their area can be renovated. They are probably going to have several construction projects active on-site. THE PUBLIC HEARING WAS CLOSED. Chairman Bostwick: He felt it was wonderful to see that activity for Boeing and for the property. Instead of selling off, they are renovating and growing which is great news for the City of Anaheim. OPPOSITION: ACTION: VOTE: None Approved Negative Declaration Granted Conditional Use Permit No. 4031 for 4 years, to expire on May 27, 2002 and subject to the conditions as listed in the staff report. 5-0 (Commissioners Boydstun and Peraza absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 2 minutes (1:47-1:49) 05-27-98 Page 6 4b. WAIVER OF CODE REQUIREMENT No Action 4c. CONDITIONAL USE PERMIT N0.4025 Denied OWNER: Leonard Joe and Cyndie M. Chaidez, P.O. Box 29, Anaheim, CA 92815 AGENT: Leonard Chaidez, 10081 Highcliff Drive, Santa Ana, CA 92703 LOCATION: 507 South Lemon Street. Property is 0.56 acre located at the southwest corner of Lemon Street and Santa Ana Street. To permit a towing service with impound yard including the construction of a 400 square foot garage with waiver of minimum structural and landscaped setback adjacent to a residential zone boundary. CONDITIONAL USE PERMIT RESOLUTION NO. PC98-85 SR1 ® o e ® ® o Applicant's Statement: Hoss F. Decari, House William and Associates: Stated as a consultant he is representing the future Anaheim Toyota. His clients have been in this business for over 10 years and they are well know for their good service to the public, professional performance and operation, high tech mobilization and towing truck, and low service charge to the public. They are requesting a minimum of four years for the Conditional Use Permit for subject property. After reviewing the staff report Mr. Decari found out the subject site is In a residential area and during the early morning hours transporting vehicles would be noisy to the neighborhood. The towing trucks are on third wheels and they are not noisy but on Santa Ana Street there is a railroad track and they are making a lot of noise during the early morning hours and at night. Other comments were the reclassification of this property and surrounding area in the future. Leonard Chaidez, owner of 507 S. Lemon Street, Anaheim, CA: Stated there are some large commercial businesses around the corner from this property. Across the street on Lemon Street is a large trucking company. Across the street is a big tilt up building and behind him is another big tilt up building. He has put up the new wall, landscaped and has tried to maintain it, installed electric gates that are quietahd installed an inside telephone. He has enclosed the property and kept everything up to code. About one year ago he thought of building apartments and had a architect inquire with the City and was told the property is zoned M1 and it would never be residential. So he dropped that idea and put the property up for sale. THE PUBLIC HEARING WAS CLOSED. Kevin Bass, Associate Planner: Stated the existing general plan for this property is low density. There is a single family neighborhood to the south and apartment and residential uses to the north of Santa Ana Street. These land uses in combination with the agricultural property, the orange grove that is now available for development, they see that the ultimate development of this southeast corner of Lemon and Santa Ana Street becoming residential in character. An additional conditionally permitted use in this area would inhibit future development of residential uses. 05-27-98 Page 7 Lemon Street is an arterial street and it does have some segregation from the industrial and commercial uses to the east of this property. Staff feels that the future of this property is going to be more suited for residential than industrial uses. Greg Hastings, Zoning Manager: Stated this 24 hour use in an area which is somewhat residential is of concern to staff as well. It also appears that the number of vehicles which may need to be stored in this particular walled in area may exceed the capacity of the land in order to have the vehicles brought in such a way that they would not cause problems out in the public street. Commissioner Henninger: Stated they have been thinking of investigating the whole area south of City Hall and ultimately it will convert in use. There has been trouble with impound yards in the past adjacent to residential. He felt this is the wrong location for this type of use. OPPOSITION: None ACTION: Denied Negative Declaration Took no action on the Waiver of Code Requirement on the basis that the requested waiver was deleted following public notification. Denied Conditional Use Permit No. 4025 based on the following: Although this property is zoned ML, the Anaheim General Plan designates this property for Low Density Residential land uses. The development of a towing yard and impound facility would inhibit the opportunity of developing residential uses on this property and other nearby properties in the neighborhood. 2. The proposed use may adversely affect the surrounding land uses and be detrimental to the peace and general welfare of the citizens in the area because of the intensity of this use, the hours of operation, noise attribution to outdoor activity and the unsightly nature of impound facilities. 3. This intersection is highly visible to the public, and during hours of operation, the gates which secure the property will need to remain open as required by the Ciry Traffic Engineering Division.. Leaving the gates open will expose the operations of the towing facility and impound yard to the public and cause a visual detriment to the surrounding area. VOTE: 5-0 (Commissioners Boydstun and Peraza absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights.. DISCUSSION TIME: 8 minutes (1:50-1:58) 05-27-98 Page 8 5b. WAIVER OF CODE REQUIREMENT 6-8-98 5c. VARIANCE N0.4339 (to be withdrawn) 5d. CONDITIONAL USE PERMIT NO. 4037" OWNER: Weir Partners, Ltd., 14642 Newport Avenue #108, Tustin, CA 92780 AGENT: Brett Marchi (Architect), 1119 Main Street, Huntington Beach, CA 92648 LOCATION: 791 South Weir Canvon Road -Sycamore Canyon Plaza. Property is 11.9 acres located at the southwest corner of Weir Canyon Road and Serrano Avenue. To permit an automated teller machine (ATM) kiosk in the parking lot of an existing commercial center with waiver of minimum number of parking spaces. " Previously advertised as Variance No. 4339. CONDITIONAL USE PERMIT RESOLUTION NO. • e o (Item No. 5 trailed because applicant was not present. Commission returned to this item following Item No. 7.] Chairman Bostwick: Announced a 5 minute break so staff could contact the applicant to see whether he was going to attend the public hearing. Commissioner Henninger: Stated that he agreed with the staff report that this is a poor location for a freestanding kiosk. A wall mount on one of the building walls would probably work much better. Therefore, he recommended that staff meet with the applicant to see if an alternate location could be proposed and offered a motion for a two week continuance, to June 8, 1998, and motion was carried. OPPOSITION: None ACTION: Continued subject request to the June 8, 1998 Planning Commission meeting ih order for the applicant to meet with staff and find a better location for the proposed automated teller machine kiosk. VOTE: 5-0 (Commissioners Boydstun and Peraza absent) DISCUSSION TIME: 1 minute (2:29-2:30) 05-27-98 Page 9 6b. 6c. OWNER: J.D. Gantes Airport Properties, P.O. Box 80340, Rancho Santa Margarita, CA 92688 AGENT: Jack Abi, 170 N, Maple Street, #103, Corona, CA 91720 LOCATION: 8295 East Santa Ana Canvon Road -Burger Kina. Property is 2.33 acres located at the northwest corner of Santa Ana Canyon Road and Weir Canyon Road. To construct a second story 817 square foot indoor playground for an existing drive through restaurant (3,232 square foot total) within a commercial retail center with waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. PC98-88 Denied Denied SR6563DS.DOC • e e o s s Applicant's Statement: Dave Madden, 22981 Blue Bird Drive, Canyon Lake, CA: Stated they have reduced the size of the playground and took in consideration all the concerns of the Commission. THE PUBLIC HEARING WAS CLOSED. Commissioner Williams: Stated he knows that these playgrounds are a good part of their business up to 20 to 25%. Dave Madden: The owner is trying to regain some of the business that he lost when the Burger King in Yorba Linda opened with a playground. Commissioner Williams: He felt it would open a "pandora's box" at the shopping center with the twp other fast-food restaurants. He felt that two stories in front of the street would look unsightly. They might consider obtaining additional land. Dave Madden: There is no additional property available. Burger King has a very small portion of the 2.33 acres that-is mentioned in the staff report. - Commissioner Williams: Asked if it is owned or leased? .Dave Madden: They own it. Commissioner Williams: They might be able to lease some land from the center. Dave Madden: It is a different property. Alfred Yalda, Principal Transportation Planner, Traffic Engineering: Stated they requested 3 or 4 weeks that the applicant provide them with the striping plans showing how the parking stalls are located within the site because the City Council's major concern was the traffic movement. He has not seen any plans submitted as of yet. Their concern is that the parking stalls do not meet their requirements. Dave Madden: Responded that the requested site plan had been submitted to Dave See (in the Planning Department). 05-27-98 Page 10 Commissioner Henninger: Stated he was glad that this item returned before Commission because after reviewing this proposal he now feels differently about it. He feels that the two story architecture at this location is a mistake. The center is currently underparked. There is another fairly substantial piece of property next to the Pep Boys which is on the market and is suppose to be developed. This proposal would really be the catalyst for a substantial decline in the quality of this center. John Gantes, the franchisee for the Burger King: Stated he came in late and did not hear the discussion related to their proposal. They did reduce the scale of the property significantly. There is no increased seating. Their purpose for this proposal is to restore their sales back to where they were two to three years ago. Chairman Bostwick: Stated he was not certain whether Mr. Gantes heard Commissioner Henninger's comments but he feels that this proposal is going to have an impact on the parking and the overall center. With the property by Pep Boys up for sale that this will create a stimulus for other types of things. Commissioner Williams brought up the likely possibility that if this proposal was approved then the other fast-food restaurant would probably also be interested in a playground. John Gantes: Stated he received the support of all of the tenants at the center in writing. They are an anchor tenant as far as attracting people to that center. OPPOSITION: None ACTION: Determined that the previously-approved negative declaration is not adequate to serve as the required environmental documentation for subject request. Denied Waiver of Code Requirement Denied Conditional Use Permit No. 4027 based on the following: (1) That the proposed second story addition will have an imposing aesthetic appearance from a scenic highway. Because it is higher than the existing restaurant and adjacent commercial center, it will obstruct visibility for said buildings as well as the distant view of the mountains and skyline from the roadway. (2) That the proposed addition may have an adverse affect on adjoining land uses and the growth and development of the Scenic Corridor which provides for orderly development of the City's scenic areas by encouraging a high quality of development as a valuable resource to the community. (3) That the size and shape of the site for the proposed use is not adequate to allow the full development of the proposed use in a manner not detrimental to the pprticular area nor to the peace, health, safety, and general welfare. The size and scale of the proposed addition will not be compatible with the surrounding one story retaii_ _ commercial buildings, .particularly when located along a Scenic Expressway. (4) That the project will set an undesirable precedent since there are not other similar two story restaurant and retail buildings, especially in conjunction with fast food restaurant uses located in the scenic corridor. (5) That intensification of this site will further impact the difficult vehicular maneuvering situation and congestion that currently exists. VOTE: 5-0 (Commissioners Boydstun and Peraza absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 9 minutes (1:59-2:08) 05-27-98 Page 11 7a. CEQA NEGATIVE DECLARATION (PREY.-APPROVED for CUP) Approved 7b. WAIVER OF CODE REQUIREMENT Approved 7c. CONDITIONAL USE PERMIT NO. 2844 (READVERTISED) Approved amendment 7d. CEQA CATEGORICAL EXEMPTION-CLASS 11 (for Variance) No action 7e. VARIANCE NO.4213 (READVERTISED) Approved, in part, amendmentto OWNER:Shell Oil Company, 3611 S. Harbor Blvd.., #160, Santa Ana, VAR 4213 CA 91799-5370 AGENT: Timothy Virus/Tait & Associates, 1100 Town & Country Road, Suite 1200, Orange, CA 92813-4429 LOCATION: 8275 East Santa Ana Canyon Road -Shell Oil Company Property is 1.86 acres located on the west side of Weir Canyon Road, 236 feet north of the centerline of Santa Ana Canyon Road, Conditional Use Permit: To permit the redesign and expansion of an existing automatic unattended canvash facility including a revised parking and access plan with waiver of minimum structural setback to a freeway and a scenic highway. Variance: Waiver of maximum number of wall signs. CONDITIONAL USE PERMIT RESOLUTION NO. PC98-87 VARIANCE RESOLUTION NO. PC98-88 SR7124TW FOLLOWBNG IS Q SUMMARY OF THE RCANNINGiCOMMISSION ACTION. , :- Applicant's Statement: Timothy Virus, agent for Shell pil Company: Stated they are proposing part of a national program to upgrade their car washes throughout the country. They are removing the small older roll over type equipment and installing a moderately sized conveyor driven system which has more features and does a much betterjob of washing cars. Known as the "formula finished program". They are proposing to bring the car wash up to standard which increases the length of the car wash tunnel by about 8 feet, to make a 50 foot building, then to add shade "porte-cochere" structure at the entrance and exit to further enhance the image of the car wash tunnel. Since the tunnels are getting somewhat longer, they are introducing windows into the tunnels so a "dark hole" is not created but rather a bright environment. They disagree with staff with regard to their recommended denial of their proposal of windows in the car wash. They feel this is a very important architectural element both to lighten and brighten this tunnel atmosphere and also to reduce some of the "claustrophobic" effects that some people have regarding car wash tunnels, making it a more friendly environment. They do not feel that the potential for signage on the windows is a problem because this would obviously be a very wet environment which is not conducive to paper signs and due to the distance from the freeway it is not a high visible area where someone is going to be able to read the signs, anyway. (He noted that their plans on the exhibit board were incorrectly labeled. They were posted as Item No. 8.J THE PUBLIC HEARING WAS CLOSED. Chairman Bostwick: Asked staff about the windows. 05-27-98 Page 12 Kevin Bass, Associate Planner: Stated that historical they have had problems with additional signage on car wash windows. Staff would suggest going with the applicant's suggestion that a skylight would provide the lighting for the tunnel without providing the medium for addition signage. It would create more lighting, reduce that claustrophobic effect, and still keep a clean building elevation free of any future sign issues. Timothy Virus: The structure of this building has be analyzed and skylights are not feasible because of the way this building was originally built and designed. They proposed an alternate to eliminate the glass and simply have openings along the back of the building which would eliminate the potential for the posting of signs. It would also help alleviate some of the moisture problems of the car wash. Greg Hastings, Zoning Manager: The aesthetics from the freeway is a concern. You can see the back of the building from the freeway and that is why there is currently a Shell sign on that side of the building. Staff would be concerned if any aspect of the car wash would be visible from the freeway. They would like to see that completely blocked out. Commissioner Henninger: The idea of having a clean building wall was an aesthetic issue and he did not feel the openings work. All the mechanical equipment of the car wash would be visible from the freeway. Asked the applicant if there was anything they could do regarding skylights? Timothy Virus: They can look at that option if that is the only option they are going to be given. Commissioner Williams: Asked why the openings couldn't be put on the other side? Timothy Virus: They have offices, mechanical rooms and the restroom building located on the front side of the car wash so it is not possible to open that elevation up. Normally that would be the proposal tc allow customers to see the equipment and see their cars going through the tunnel but that is not an option with this site. Commissioner Williams: Asked if they are expanding the building or are they building a whole new building? Timothy Virus: No, they would only be expanding this building. Commissioner Henninger: He felt skylights would work better and recommended that the plans be revised to remove windows and substitute skylights. Commissioner Bristol: He agreed. Commissioner Henninger: Ask the applicant if he was in agreement with staff regarding signage? Timothy Virus: He was in agreement. OPPOSITION: None ACTION: Determined that the previously-approved negative declaration in connection with Conditional Use Permit No. 2844 and Variance No. 4213 is adequate to serve as the required environmental documentation for the proposal. Approved Waiver of Code Requirement Approved the amendment to Conditional Use Permit No. 2844. Modified Resolution No. 88R-280, approved in conjunction with said use permit, as follows: Modified Condition No. 7 to read as follows: 05-27-98 Page 13 "7. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revisicn No. 3 of Exhibit Nos. 1 through 4:' Added the following conditions of approval: "13. That signage shall be limited to that approved in conjunction with Variance No. 4213. ' 14. That the north elevation of the car wash building shall not contain windows. Said windows may be replaced with sky lights. 15. That there shall be no outdoor advertising of products, except in connection with a valid Special Event Permit " Approved, in part, the amendment to Variance No. 4312. Modified Zoging Administrator Decision No. ZA 93-24, approved in conjunction with subject variance, as follows: Modified Condition Nos. 1, 2 and 6 to read as follows: "1. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning .Department marked Revision No. 1 of Exhibit Nos. 1 through 4, and the photographs also contained in the petition file; provided, however, that the maximum permitted signage for subject facility shall be limited as follows: (a) Four (4) existing small signs on the canopy over the pump islands and food mart building: {1) Two (2) "A" signs consisting of the word "Shell" on the east and west facing edges of the canopy, and (2) Two (2) "B" signs consisting of the Shell "logo" on the east and west facing edges of the canopy. (b) Fifteen (15) signs on the three (3) spandrels connecting the gasoline pumps in each island under the canopy; (1) Six (6) "C" signs consisting of the word "Shell" on the north and south sides of each spandrel, (2) Six (6) "D" signs consisting of the Shell "logo" on the Borth and south sides of each spandrel), and (3) Three (3) "X"signs consisting of the word "Self' on the west ends of each spandrel. (c) Two (2) signs in connection with the car wash: (1) One (1) "Sign No. 1" consisting of an oval shaped, 9' by 3'6" sign painted blue to be located below the roof line of the south elevation of the car wash facility. (2) One (1) "Sign No. 2" consisting of a 3'6" by 3'6" Shell "logo" with the words "Entrance" below and located on the south elevation of the elliptical column of the Porte-cochere car wash entrance. (d) Two (2) "H" signs on the food mart building consisting of the letters "ETD" (meaning Experience The Difference). 05-27-98 Page 14 2. That within a period of sixty (60) days from the date of this decision or prior to installation of the new "H" signs on the food mart building, all of the following signs shall be removed: (a) All the pump top signs, (b) The "S" sign consisting of the words "car wash" on small sigr panel mounted on one short pole generally located on the east property line, (c) The wall sign consisting of the words "car wash" on the car wash building walls, (d) All the "P" signs consisting of the "posters" mounted on the food mart building walls, and (f) All the "W" signs consisting of any signs located inside the window of the food mart building and facing outward (i.e. advertising "Marlboro"). Window signs advertising products shall not be permitted. (g) "Sign No. 3" consisting of a Shell "logo" located on the north elevation of the car wash building. (h) Signage added to the bottom portion of the monument sign on Santa Ana Canyon Road. Q) The car wash instruction sign consisting of the words "make it shine" located on a pole in the northeast corner of the property. 6. That within a period of sixty (60) days from the date of this decision (by July 27,1998) or prior to issuance of any sign permit or installation of any new. approved sign, whichever occurs first, Condition No. 2, above-mentioned, shall be complied with. Extensions for further time to complete conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. VOTE: 5-0 (Commissioners Boydstun and Peraza absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 10 minutes (2:09-2:19) 05-27-98 Page 15 8a. CEQA NEGATIVE DECLARATION :Approved 8b. WAIVER OF CODE REQUIREMENT No Action 8c. CONDITIONAL USE PERMIT NO. 4023 Granted, in part, for 1 year OWNER: Kee Whan Ha and Kyung Hee Ha, 3240 Wilshire Blvd., (To expire 5-27-99) Suite 570, Los Angeles, CA 90010 , AGENT: Francis Hur, 3240 Wilshire Blvd.., Suite 570, Los Angeles, CA 90010 LOCATION: 837 East Oranoethorpe Avenue. Property is 0.8 acre located at the northwest corner of Orangethorpe Avenue and Orangethorpe Park. To permit and retain a 3,000 square-foot tire sales and repair facility with waiver of permitted encroachment in setback area. CONDITIONAL USE PERMIT RESOLUTION NO. PC98-89 .DOC ® ® s o • s Applicant's Statement: Romero Angoncillo, representing the owner Hancook Property Management: Stated he had a meeting with the planner and was informed that they were required to install trees in front of the building and they complied with. They planted 8 trees fronting on Orangethorpe Avenue. Chairman Bostwick: Asked the Mr. Angoncillo if he had read the staff report? Romero Angoncillo: Responded that he had not read it since he had just arrived. Chairman Bostwick: Suggested that he take a moment and review the staff report, particularly the conditions to see if he agreed with them. (Commission returned to Item No. 5 before returning to this item.) Romero Angoncillo: Stated after reviewing the staff report and the conditions of approval he did not have any objections to the recommendations. - Commissioner Henninger: This business has been somewhat of a problem for Code Enforcement regarding the way the site in particular, and .perhaps the whole center, in general, has been maintained. He asked Code Enforcement comment on this. Don Yourstone, Senior Code Enforcement Officer: They have had some complaints on that property and it appears that everyone is going to be cooperating in getting that area cleaned. Commissioner Henninger: Asked Mr. Yourstone whether he was comfortable with how the owners and operators are working together on this? Don Yourstone: Yes. Commissioner Henninger: This item does not have a time limit on it and asked if it would it be appropriate to have a time limit on this use? 05-27-98 Page 16 Don Yourstone: Normally fire and auto repair businesses initially have a one year time limit so that the City can evaluate their operations. Commissioner Henninger: He felt that it should be given a one year time limitation because there have been problems with automobile related businesses in the past and traditionally Commission has put a time limit on them. The applicant can return to either have that time limitation removed or extended after that year. OPPOSITION: None ACTION: Approved Negative Declaration Took no action on the Waiver of Code Requirement on the basis that the proposed waiver was deleted following public notification. Granted, in part, Conditional Use Permit No. 4023 with the following added condition: That subject use permit is hereby granted for a period of one (1) year, to expire on May 27, 1999. VOTE: 5-0 (Commissioners Boydstun and Peraza absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights.. DISCUSSION TIME: 3 minutes (2:30-2:33) MEETING ADJOURNED AT 2:35 P.M. TO MONDAY, JUNE 8, 1998 AT 11:00 A.M. FOR PRELIMINARY PLAN REVIEW. Submitted by: Ossie Edmondson Senior Secretary 05-27-98 Page 17