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Minutes-PC 1998/08/03SUiVlMARYA,CTION AGENDA CITY 0~ A~IAHEIM PLAIVNING COMMISSIQN MEETING MONDAY, AUGUST 3, 1998 11:00 A.M. • STAFF UPDATE TO COMMISSION OF VARlOUS CITY DEVELOPMENTS AND ISSUES (AS REQUE~TED BY PLANNING COMMISSION) • PRELIMINARY PLAN REVIEW 1:30 P.M. • PUBLlC HEARING TESTIMONY COMMISSIONi_RS PRESENT: BOSNVICK, BOYDSTUN, BRISTOL, NAPOLES, PERAZA COMMISSIONERS ABSENT: WILLIAMS ONE VACANT SEAT STAFF PF2ESENT: Selma Mann Greg Hastings Cheryl Flores Don Yourstone Alfred Yalda Peter Gambino Richard Bruckner Randy West Margarita Solorio Ossie Edmundson Assistant City Attorney Zoning Division Manager Senior Planner Senior Code Enforcement Officer Principal Transportation Planner Associate Civil Engineer Community Developrnent Police Department Acting PC Sunport Supervisor Senior Secretary 08-03-98 Page 1 , 1TEMS OF PUBLIC INTEREST: None REPORTS AND RECOMMENDA710NS A. a) CEQA NEGATIVE DECLARAT~ON (PREV: APPROVEDI Approved b; CONDITIONAL USE PERMIT NO 3742 - REQUEST FOR Determined to DETERMINATION OF SUBSTANTIAL GONFORMANCE• be in substantial Cory Kemp (Puddles Car Wash), 2037 East Ball Road, Anaheim, conformance CA 92806, requests determination of substantial conformance to retain bNO (2) wall signs in conjunction with a previou~ly- approved car wash facility. Property is located at 2037 East Ball Road - Puddles Car Wash. Continued from the Commission rneeting of June 22, 1998. ACTION: Commissioner Boydstun offered a motion, seconded by Commissioner Bostwick and MO110N CARRIED (Commissioner Wi~liams absent and one vacant seat), that the Anaheim City Pi2nning Commission does hereby determine that the previously approved negative declaration is adequate to serve as the required environmental documentation for ~ubject request. Commissioner Boydstun offered a motion, seconded by Commissioner Bostwick and MOTION CARRIED (Commissioner Williams absent and one vacant seat), that the Araheim Ciry Planning Commission does hereby determine substantial conformance and approve the request to retain the following two (2) wall signs: Sign "A" located west of the neon sign with the following wording, "Professional Detail Center"; and 2. Sign "B" located east of the neon siqn with the following wording "Daily Specials Available." SR7177TW,DOC ApplicanPs Statement: Cory Kemp, Puddles Car Wash, 2037 E. BaII Road, Anaheim, CA: He is returning with a proposal for two signs which are located on the side of the building facing Ball Road. The concern with the sign at the last meeting was mainly the pricing. Staff did not feel pricing was appropriate for the side of the car wash when it is on the menu boards, around the corner. He agreed to this and agreed to change the sign from 5 different choices, which Commission had been provided. He is willing to put any of those 5 on the side of the building. a8-03-98 Page 2 Staff is concemed with the size of the signs. jHe submitted photographs of slgn"A ;"8" and for the non- prop~sed slgn.j Commissioner Bostwick: Asked Mr. Kemp which of the choices of S~gn "B" did he prefer? Cory Kemp: He listed them fn order of preference (Choice no.1 through 5). THE PUBLIC HEARING WAS CLOSED. Commissioner Bostwick: Agreed, they are well dnne and matches the roof and building colors and does not have a visual impact on the property. Cheryl Flores, Senior Planner: Mentioned that the petitioner agreed to remove the sign mentioned on paragraph 12, of the staff report. Cheryl Flores: Asked Commission for a classification whether the applicant would be able to retain Sign "A" and then change Sign "B" to be choice No.17 Commissioner Bostwick: Yes, to be daiiy special available (cho(ce No.1). 08-03-98 (Rev(sed: 08-26•98) Page 3 B, a) CEQA NEGATIVE DECLARATION (PREV: APPROVEDI Approved b) CONDITIONAL USE PERMIT N0. 3994 - REQUEST FOR Determined to be in DETERMINATION OF SUBSTANTIAL CONFORMANCE: Howard substantial CDM, Steven Phillips, 2161 Gundry Avenue, Signal Hill, CA 90806, conformance request for determination of substantial conformance pertaining to temporary above-ground utility lines in conjunction witl~ en outdoor swapmeet operation. Property is located at 1500 North Lernon Street (formerly Anaheim Drive-In). Continued from the Commission meeting of July 20, 1998. ACTION: Commissioner Boydstun offered a motion, seconded by Commissioner Bostwick and MOTION CARRIED (Commissioner Williams absent and one vacant seat), that the Anah~eim City Planning Commission does hereby determine that the previously approved negative decla;ation is adequate to serve as the required environmental documentation for subject request. , Commissioner Boydstun offered a motion, seconded by Commissioner Napoles and MOTION CARRIED (Commissioner Williams absent and one vacant seat), that the Anaheim City Planning Commission does hereby determine that the temporary above-ground utility lin~s in conjunction with an outdoor swapmeet operation are in substantial conformance subjer,t to the petitioner obtaining a letter from the Utilities General Manager requesting a bond or another sort of fiscal mechanism for removal of the poles at the end of the eighteen months, and that said poles shall be painted gray. SR6887DS.DOC ApplicanYs Statement: Steven Phillips, CDM, 2161 Gundry Ave., Signal Hill, CA: Stated he is representing Pacific Theaters. At the last meeting there were a couple of items requested. One, provided to Commission, was a letter from Pacific Theaters stating that they would remove the poles at a future date (the expiration of the CUP). The other item, the Utilities Department has provided permanent power connection at the site but they have not issued a letter yet regarding the code section. Planning DPpartment has been working with them on this. He did not know the current status of that. Commissiorier Boydstun: Ask the applicant to paint those poles gray. Steven Phillips: Yes, that would be possible. Commissioner Boydstun: Asked the status of the Utilities Department? Cheryl Flores Senior Planner: Staff was under the impression that the letter had already been signed, but apparently it has not, which wculd allow opportunities to add any stipulations to the City Engineer. Commissioner Peraza: Asked if it could be assured that the poles be removed when their CUP expires? Cheryl Flores: Responded they could ask that the Utilities General Manager ask for a bonding or other fiscal mechanism to remove the poles at the end of the 18 months. Chairman Bristol: Asked Mr. Phillips if he understood the discussion7 08-03-98 Page 4 Steven Phillips: Yes, Commission is trying to make sure that the poles wili be removed. With future development all those utilities would be underground per the code. Tliis is a temporary use. Commissioner Bostwick: Can they ask that the Utilities General Manager request a bond for removal of those poles? Selma Mann: It may be tFat the Utilities Department is waiting to be assured of determination of substanE~al conformance subject to their obtaining a letter, from the Utilities General Manager, recommending to the Utilities General Maneger that a condition be placed putting some type of physical mechanism to assure that the poles are removed. Commissioner Boydstun: Asked Mr. Phillips to verify that they are renting the poles? Steve Phillips: Yec, The rental agreement with the power company includes the removal of those poles. Commissioner Boydstun: Asked if that was also in the agreement with the Utilities Department? Steve Phillips: He did not believe it was specifically stated in that agreemE~t with them that they be removed, but he is sure they could work out some language. Commissioner Boydstun: Then they have no objection to Commission asking them to include it in the Ietter and to paint the poles gray? Steve Phillips: They are in agreement with that. 08-03-98 Page 5 ,.. ~ C. a) CfQA GATEGORICAL EXEMPTION•CLASS 15 (PREY: APPROVED) Approved b) TFNTATIVE PARCEL MAP NQ,~6-132 - REQUEST FOR Approved FxTENStON OF T!ME: Growth Management Company, 3820 East La Palma Avenue, Anaheim, CA 92807, requests an extension of tisne t~ (To expire 7-22-99) comply with conditions of approval. Property is located on the south side of and at the terminus of Vista Del Soi, 1,500 feet east of the centerline of Countn,~ Hills Road. ACTION: Commissinner Peraza offered a motion, seconded by Commissioner Napoles and MOTI01~ CARRIED (Commissioner Williams absent and one vacant seat), that the ~4naheim City Planning Commission does hereby concur with staff that the prop~~sed project fails within the definition of Categorical Exemptions, Class 15, as defined in the State EIR Guidelines and is, therefore, categorically exem,r.i from the requirements to prepare an EIR. Commissioner ~'eraza offered a motion, seconded by Commissinner Napoles and MOTION CARRIED (Commissioner Williams absent and one vacant seat), that the Anaheim City Planning Commission does hereby approve a one (1) year time extension for Tentative Parcel Map No. 96-132, to expire on July 22, 1999 to comply with conditions of approval. SR6569DS.DOC ApplicanYs Statement: Faye Harrison, Growth Management Company. Stated she was available to answer any questions. 09-03-98 Page 6 PUBLIC HEARING ITEMS: 2b. CONDITIONAL USE PERMIT N0.1081 (READVERTISED) Approved amendment to OWNER: Wang Chih W. & Mei H. L., 539 South Santa Anita conditions of Avenue, Pasadena, CA 91107-5251 approv.al AGENT: Debra Gray, 3360 West Lincoln Avenue, Anaheim, CA 92801 LOCATION: 3360 West Lincoln Avenue - EI Dorado Inn. Property is 1.80 acres located on the south side of Lincoln Avenue, 785 feet east of the centerline of Knott Avenue. To amend or delete conditions of approval pertaining to motel operations. Continued from the Commission meetings of June 22, and July o, 1998. CONDITIONAL USE PERMIT RESOLUTION N0. PC98-111 SR1067,!K.UOC • • • e • '• Chairman Bristol: Stated the applicant has requested this item to be withdrawn. he then asked the applicant to speak. ApplicanYs Statement: Debra Gray, 3360 W. Lincoln Ave., Anaheim, CA: Stated she is representing both facilities, related to Item Nos. 2 and 3. THE PUBLIC HEARING WAS CLOSEQ. Chairman Bristol: Stated !here was discussion at the morning session regarding their request for a withdraw. They know that this request was voluntary by Ms. Gray, regarding Item Nos. 2 and 3. He asked Mrs. Gray why she had had a problem with the wording af the CUP? Debra Gray: Stated trere has bpen p~oblems in the past with Code EnforcemenYs requiring that all people vacate the units completely at the end of 28 da~s. It is Wery hard on the business and on the type of clientele that they are trying ~to get in there. The purpose ~f t'he 28 days was to keep people from being there for a long term but unfartunately their facilities do serve a purpose. With the ne•~v wording it is going to create more problems. Commissioner Bostwick: Asked if she ha~i a problem with Recommendation ho. 2, wording that was recommended by Lieutenant Flammini from the Police'Department (memo dated May 26, 1998, attachment to the staff report), keeping the guest registry with the full name, address, date of birth, verified driver's license, or other legal identification. Asked if she has a problem with maintaining this? Debra Gray: She did not have a problem maintaining it. That should be required for any business of their type. 08-03-98 Page 7 Commissioner Bostwick: Would she have a problem for a requirement for daily maid service7 Debra Gray: Yes. Commissioner Bostwick: Referenced a recent a~ticle in the Register newspaper (August 2, 1998j regarding motels. It was very evident that the lack of maid service cleaning the rooms creates a problem with dirt, cockroaches, etc. and to facilitate keeping the rooms clean and more like a motel, without cooking facilities. Debra Gray: No. The article in the newspaper shows very poor management and she disagrees. Commissioner Bostwick: According to Code Enforcement they are doing a good job on these properties. The problem would be if she were to leave, in the future, what wo~ld become of those properties? Debra Gray: She understands but daily maid service is tFe answer. It is not cost effective on these type of facilities. It again all goes back to management. Anyone has the right to refuse service. She can mandate that the rooms be cleaned everyday, but if they refuse service then that comes back to her and her management evicting those people. The requirements that they are asking is nat going to help the situation. Commissioner Bostwick: It is up to the manayement to enforce it. He is trying to help her, not hinder her in her operation. They are trying to give her tools to help her run the business. Debra Gray: That is why she believes No. 2(the guest registry) is so important because that is curren!iy one of her requirements, but if she leaves that tends to be the first thing that goes. Without t:5at no rnatter how good their community watch service or Code Enforcement is, they have to know the people that they are dealing with. Where do these people go for the 24 hours, if they have to take all thzir belongings with them7 They are losing $80,000 by allowing those rooms to sit empty per year. They do not want to make it any harder than it is on peoF ~. Commissioner Peraza: Asked what the Ccde states? Selma ~;iann, Assistant City Attorney: Her recollection is that consecutive periods of 7 day occupancies are pern ~itted but there is the interplay of the transient occupancy tax. That is what is linked to the month period. Their office could take a more thorough look, if Commission so desires. It may be that Cortimuniiy Development has some input into this issue as well. OPPOSITION: None ACTION: Concurred with staff that the proposed prciject falls within the definition of Categorical Exemptions, Class 1, as defined in the State EIR Guidelines and is, therefore, categorically exempt from the requirements to prepare an EIR. Approved request. Amended Resolution No. 69R-54 by adding the followiny cor.dition of approval: 10. That the owner/manager shall maintain a complete guest registry or guest card system which shall include full name, address, date of birth, verifled drivers license or legal identification. Vehicle registration number of all registered guests, date of registratian, length of stay, and room rate; and which shall be made available upon demand by any police officer, rode enforcement officer, or license inspector oi the City of Anaheim. 08-03-9a Page 8 VOTE: (4-1, Commissioner Peraza voted no, Commissioner Wi;liams absent and one vacant seat) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 9 minutes (1:55-2:04) OS-03-98 Page 9 3b. CONDITIONAL U ES_ PERMIT N0.1042 (READVERTISED) Approved amendment to OWNER: Wong Kuok-Su, 539 South Santa Anita Avenue, conditions of Pasadena, CA 91107-5251 approvel AGENT: Debra Gray, 3360 West Lincoln Avenue, Anahzim, CA 9280? LOCATION: 2,_§~Q West Lincoin Avenue - Valencia lnn. Property is 1.69 a~res located on the south side of Lincoln Avenue, 300 feet east of the centerline of Stinson Street. To amend or delete conditions of approval pertaining to motel operations. Continued from thE Commission meetings of June 22, and July 6, 1998. CONDITIONAL USE PERMIT RESOLUTION N0. PC98-112 SR1966JK.DOC ~ ~ ~ • e s ApplicanYs Statement: Debra Gray: Was present to answer any questions. i HE PUBLIC HEARI~JG'.'UAS CLOSED. OPPOSITION: None ACTION: Concurred with staff that the proposed project falls within the definition of Categorical Exemptions, Class 1, as defined in the State EIR Guidelines and is, therefore, categorically exempt from the requirements to prepare an EIR. Amended Resolution No. 68R-562 by adding the following condition of approval: 8. That the ownedmanager shall maintain a c~mplete guest registry or guest card system which shall include full name, address, date of birth, verified drivers license or legal identification. Vehicle registration number of all registered guests, date of registration, lenrth of stay, and room rate; and which shall be made available upon demanc! by any police officer, code enforcement officer, or license inspector of the City or Anaheim. VOTE: (4-1, Comrriissioner Peraza voted no, Commissioner Williams absent and one vacant seat) Selma t~ann, Assistant City Attorne;, presented the 22-day appeal rights. DISCUSSION TIME: 2 m?nutes (2:04-2:06) 08-03-98 Page 10 4a. ENVIRONMENTAL IMPACT REPORT NO. 307 (PREV: CERTIFIED) Continued to 4b. RECLASSIFICATION N0. 9T•98-19 5-17-98 4c. CONDITIONAL USE PERMIT N0. 4038 QWNER: Brian H. Krikoria~, Adrienne L. Krikorian and Aram J. Krikorian, P.O. Box 5911, Sherman Oaks, CA 91413 LOCATION: 1777-A West Lincoln Avenue. Prqperty is 0.5 acre located on the north side of Lincoln Avenue, 500 feet east of ti ~~ centerline of Crescent V~lay. To reclassify this property from the CG (Commercial, General) Zone to the CL (Commercial, Limited) Zone and to establish a beauty salon with massage facilities within an existino 1,320 square foot retail space in a commercial center. Continued from the Commission meeting of July 6,1998. RECLASSIFICA710N RESOLUTION N0. CONDITIONAL USE PERMIT RESOLUTION NO. _ SR1065JK.DOC ~ • • ~ • • • THE PUBLIC HEARING WAS CLOSED. Cheryi Flores, Senior Planner: Recommended Commission consider retaining the reclassification to CL (Commercial, Limited) Zone which is consistent with the General Plan for that area. It has generally been the policy when Commercial, General properties come before the Commission that they request reclassification to the CL Zone. Chairman Bristol: Asked whether tliere was going to be a request for the properties east of that for the same request? Cheryl Flores: Yes. OPPOSITION: None ACTION: Continued subject request to the August 17,1998 Planning Commission meeting in order for staff to contact the property owner to see if he wishes to continue with the reclassification action. VOTE: (5-0, Commissioner Williams absent and one vacant seat) DISCUSSION TIME: 2 minutes (2:06-2:08) 08-03-98 (Revised: 08•26-9a) Page 11 5b. VARIANCE N0. 4341 8-31-98 OWNER: Chevron Products Company, Attn: Mario Bavtista, 1300 South Beach Bivd., La Habra, CA 90632 AGENT: RFA, Inc., P.ttn: Rich Stark, 2050 South Santa Cruz, Suite 2100, Anaheim, CA 92805 LOCATION: 1801 South Harbor Boulevard - Chevron Service Station• Property is 0.50 acres located at the southwest corner of Katella Avenue ard Harbor Soulevard. Waiver of permitted freestanding monument signage to ;~erm~t two (2) double-faced freestan~ing monument signs. Gontinued from the Commission meeting of June 22, and July 6, 1998. VARIANCE RESOLUTION N0. SR7182DH.DOC OPP7SiTI0N: None ACTION: Continued subject request to the August 31, 1998 Planning Commission meeting in order for staff to meet with the petitioner to resolve issues pertaining to the location and design of the requested signs. VOTE: (5-0, Commissioner Williams absent and one vacant seat) DISCUSSION TIME: 7his item was not discussed. 08-03-98 Page 12 6a. ~FQA NEGATIVE Dec~arcA i wn „Np~~~r 6b. CONDITIONAL USE PERMIT lv0. 4040 Granted OWNER: Don L. Garcia and Lisa F. Morales, 25622 Salerno Way, Yorba Linda, CA 92686 AGENT: Mario Morales, 25622 Salerno Way, Yorba Linda, CA 92686 LOCATION: 914 South Harhor Boulevard Property is 1.13 acres located south and east of the southeast corner of Harbor Boulevard and Vermont Avenue. To permit a day care facility witli a maximum of sixty (60) children within an existing 4,785 square foot building. Continued from the Commission meeting of July 6, 1998. CONDITIONAL USE PERMIT RESOLUTiON N0. PC98-113 SR7176TV~,'.DOC • • • e • • (Commissioner Peraza declared a conflict of interest on this item since he lives near the site.] ApplicanYs Statement: Ntario Morales, 914 S. Harbor Blvd., Anaheim, CA: Stat~d this item was continued due to the play area. It was located behind the parking lot and Commission requested that it be directiy behind the building. TherPfore, they reconfigured the parking lot as well as the play area directly behind the building. He was just informed that Commission is requiring more of a radius flow. Cornmissioner Boydstun: A 10-foot curb radius. It is to be added as a condition. Mario Morales: That is fine. Commissioner Boydstun; They need a condition added that they obtain approval from Streets and Sanitation for location of the trash enclosure to ensure access. Mario Morales: At the last meeting the S2nitation representative indicated that she was coming out to the site, which he thought she did come out and inspect the area. THE PUBLIC HEARING WAS CLOSED. Mario Morales: The condition to landscape the patio area was discussed at the last meeting. It was agreed to landscape according to his exhibit. Chairman Bristol: Staff is adamant about putting in some landscape where he has hardscape. It appears they are at a difference. Mario Morales: They are trying to achieve the same thing, to beautify the area. He thought they could go about it in a way that would not add substantial cost to this project. They have already exceeded the amount that they anticipated spending because of the play area having to be relocat2d. OS-03-98 Page 13 ~ :.__ Mario Morales: Yes, they have discussed putting a fence to shade off but not barzicade the area, so they can still puil out the trash enclosure for pickup. , Chairman Bristol: Requested they remove those trash enclosures and relocate them. Mario Morales: If that needs to be done then they will do it. Chairman Bristol: Requested the area separated from the playground. Mario Morales: He did not problem with that. Commissioner Floydstun: Condition No.12 indicates that the property owner shall submit proof of a recorded reciprocal parking. It should have also said, "and access agreement to share parking between the three parcels " Mario Morales: Agreed. Chairman Bristoi: On Condition No.11, that existing landscape planters shall be refurbished, planted and irrigated on all three parcels. The request inciudes in all three parcels. Chairman Bristol: Asked how that would affect the pole signs? They had one pole sign listed but there is iwo7 Cheryl Flores, Senior Planner: Condition No. 3 which refers to the "existing" pole sign, however, there are two pole signs, one on Harbor Boulevard and one on Vermont and they wil! then need to clarify that. Mario Morales: That is a church which list their hours on the sign. Commissioner Boydstun: Asked whether they could put a monument sign to conform with Code? Mario Morales: They are currently lacking funds and that would add much more cost to their church. Chairman Bristol: :,~uggested if they could paint the pole. Mario Morales: He agreed to paint it. Chairman Bristol: The pole sign on Harbor Boulevard should be eiiminated and refurbish the pole sign on Vermont Avenue. Mario Morales: Agreed to do that. OPPOSITION: None ACTION: Approved Negative Declaration Granted Conditional Use Permit No. 4040 with the following changes to conditions of approval: OS-03-98 (Revised: OS-26-98) Page 14 Modified Condition Nos. 2, 3, 8,11 and 12 to read as follows: 2. That the business hou~s of operation shall be limited from 6:30 a.m. #0 6:30 p.m., Monday through Friday, with outdoor play limited to the playground area located adjacent to the east building. 3. That the existing pole sign adjacent to Harbor Boulevard, pilaster sign and painted wall sign (on the north side of the building) shall be removed. That the existing pole sign on Vermont sh~l! be painted and refurbished. 8. That landscaping for the front of the property (adjacent to Harbor Boulevard) shall be renovated in acco~dance with the plans submitted by the petitioner. 11. That existing landscape planters shall be refurbished, planted and irrigated on all three (3) parcels. 12. That the properry owner shall submit proof of a recorded reciprocal parking and access agreement to share parking between the three parcels identified on Exhibit No. 1, Revision No. 1, to the Zoning Division. Added the following conditions of approval: That the driveway on Harbor Boulevard shall be reconstructed to accommodate ten (10) foot radius curb returns in conformance with Engineering Department Standard No. 137. That trash storage areas shall be relocated and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and maintained in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as clinging vines or tall shrubbery. Said information shall be specifically shown on the plans submitted fior Public Works Depa~tment, Streets and Sanitation Division approval. If the trash enclosure is required to be moved by the Public Works Department, Streets and Sanitation Division, the area between the existing residence and this use shall be separated by a fence with the locatian of the fence subject to the review and approval of the Zoning Division and the City Traffic and Transportation Manager. VOTE: (4-0, Commissioner Peraza declared a conflict of interest, Commissioner Williams 2bse~t and one vacant seat) Selma Mann, Assistant Ciry Attorney, presented the 22-day appeai rights. DiSCUSSION TIME: 13 minutes (2:09-2:22) 08-03-98 Page 15 7a. ~.'EQA NEGATI VE DECLARATION Approved 7b. ~FNERAL PLA N AMENDMENT NO. 357 Recommended adoption 7c. RECLASSIF!C ATION N0. 97-98-20 ofi Exhibit A to City Council 7d. WAIVER OF C OUNCIL POLICY NO 542 ~ranted 7e. WAIVER OF C ODE REQUIREMENT Approved 7f. CONDITIONAL USE PERMIT NO 4042 Approved, in part 7g. TENTATIVE TRACT MAP N0.15704 Granted, in part 7h. REQUEST FO R CITY COUNCIL REVIEW OF 7a 7c Approved 7d. 7e. 7f and. 7a Approved OWNER: Florence Plaza, L.L.C., 550 West "C" Street, 10th Floor, San Diego, CA 92101 AGENT: Williams Lyon Homes, Inc., Attn: Mitchell Bradford, 4490 Von Karman, Newport Beach, CA 92660 LOCATION: 1203-1245 South_Knott Street. Property is 4.75 acres located south and west of the southwest corner of Knott Street and Ball Hvenue. General Plan Amendment No. 357 - to redesignate this property from the General Commercial land use designation to the Low-Medium Density Residential land use designation. Reclassification No. 97-98-20 - to reclassify this property from the CL (Commercial, Limited) Zone to the RM- 3000 (Residential, Multiple-Family) Zone or a less intense zone. Waiver of City Council Policy No. 542 - sound attenuation in residential projects. Conditional Use Permit No. 4042 - to construct a 45-lot (including 5- lettered lots) 40-unit*, 2-story, detached residential condominium development with waivers of (1) minimum structural setback abutting a major highway, (2) minimum distance between buildings, (3) minimum private straet standards and (4) permitted encroachment into setback areas. Tentative Tract Map No.15704: to establish a 45-lot (including 5- lettered lots) subdivision for the development of a 40-unit', 2-story, detached residential condominium complex. Continued from the Commission meetings of July 6, and July 20, 1998. • Originally advertised as 45•lot (including 4 Icttered lots), 41•unit. GENERAL PLAN AMENDMENT RESOLUTION N0. PC98-114 RECLASSIFICATION RESOLUTION N0. PC98-115 CONDITIONAL USE PERMIT RESOLUTION N0. PC98-116 SR6888DS.DOC '; FOLLOWING IS A SUMMARY OF •TNE PLANNING COMMISSION.ACTION. . ApplicanYs Statement: Mitchell Bradford, William Lyon Homes, 4490 Von Karmon, Newport Beach, CA: 92660: At the fast meeting they meet to review a proposal for 41 lots. The project was continued because Commissioner Boydstun has made a suggestion and they had a modified the design to 40 lots and incorporated a second "tot" lot. Unfortunately staff did not have a chance to review this, therefore, the item was continued. The following were the changes that were made: 08-03-98 Page 16 • R~duced ~ lot The average lot size has increased from 3,601 to 3,727 squares feet per lot. • Average recreational leisure areas increased about 100 square feet, to 1,435 square feet per unit. • The common open space has increased from 4,100 to 6,700 square feet with the addition of the second tot lot. • Density slight decreased from 8.6 to 8.4. • Minimum architectural setback which is important because that was one of the reasons for the modification and dropping the lot, The lot that is sided onto Knott Avenue now is set at 20 feet that meets the standard average setback. Other than the rear yard nooks that project 4 feet into the rear yard, al~ the houses are setback 21 feet as well. Those houses that back onto Knott Avenue. • The setback adjacent to the apartments. There was a house that sited there as well that has now been increased from 5 feet to 10 feet to satisfy that code requirement. • In their landscape plan, they have now designed to a 5 ~~et sidewalk adjacent 4o curb with 11 feet of planting thereafter to a perimeter wall along Knott Avenue. THE PUBLIC HEARING WAS CLOSED. Mitchell Bradford: He referenced the CUP conditions as follows: o Condition No. 7 regarding vine pockets planted 3 feet on center and the creeping fig, he proposed that those go 15 feet on center, otherwise they are planting approximately 110 of these along Knott Avenue. If they extend that along the railroad track, it ends up being quite a few more. • Condition No. 8 has been slightly modified which now reads, prior to construction of the first dwelling unit, they need to have that entire perimeter wall in. Typically, the timing is such that they are typically conditioned to have all walls and landscaping in prior to occupancy of the first unit, because they would like be able to start the houses. They clearly understand no one should be moving i~i until they have a perimeter wall. The wall will probably be going in simotaniously with front landscaping along Knott Avenue and other tract improvements as well as the construction of the houses. They would like to tie it to the first occupancy. ~ Condition No. 13, if the private sewer and water lines were built to public standard that they would be able to have the City take over the maintenance of those. o Condition No. 22 was a simply clarification. This changed because they pulled out the language about palm trees but they plan on maintaining all landscaping within Knott Avenue planter. This condition references Urban Forestry Operations Division shall be responsible for the maintenance of any trees located within the same landscape planter. It is not necessary but if the City wants to take over that landscaping responsibility for trees then that would be all right. Later there is a condition that requires the HOA ( Home Owners Association) maintain landscaping. • Condition No. 26 references the side yard encroachments. He referenced the floor plans, in addition to the chimney encroachment into the side yard. They have provided for a media space also. It ends up loaking like media, fireplace and then another area. Media typically is a big N of some type, fireplace and then a shelf area which Is all about 6 feet wide. That is a 2 foot encroachment into the side yard. They would like to modify the language to read, "except for permitted chimney and media encroachments or as approved by the Planning Department." They are trying to address concerns of 08-03-98 Page ~7 how deep it looks. From the street it is difficult to see how deep it is. It just allows them to open up that family room a little more and have real living area in there. • Cundition No. 28, he wanted to make sure the exhibits ties in cer~ain issues such as the front landscape planter along Knott Aven~e where tney are proposing at 5 foot sidewalk off the curb and then 11 foot planter that includes 5 feet of the City's properry and 6 feet of their property. • Condition No. 18, that a minimum of 30 foot driveway on Knott Street shall be constructed. He did not know if that was their entry into the project but clearly a 30 foot maximum does not work there. • Tentative Tract Map condition: He was not certain what Condition No. 5 refers to a~d needed clarification. He wanted to assure the condition reads correctly so it does incorporate their proposed sidewaik and 11 foot landscape planter. They feel this is a good land plan. Even though staff has recommended a continuance, he feels they are ready for Commission's approval on their proposal. Chairman Bristol: On Condition No. 26, setback between all dwelling units shail be a minimum of 10 feet except for permitted chimney encroachments and all chimney pop-outs shall be staggered. If they are staggered as their plans are now then it would not be 10 feet. Cheryl Flores Senior Planner: Responded the idea is that the chimneys on 2 houses that are side by side would not be together but rather staggered, for purposes of seeing these side yard setback from the street. The~ wouldn't have 2 chimneys right across from each other, they would be staggered. Chairman Bristol: Asked if there were 3 instead of 2? Mitchell Bradford: Yes, there are 3. There is one identified between Lot 17 and 18. They would prefer not to flip that one. If they flip Lot 17 then it becomes a"domino" effect down that road to the south. If they flip Lot 18 then they end of having the master on the garage side. They prefer to have the maste~ away from the commercial facility to the north. On Lots 17 and 18 the visibility down the side yard to the street is virtualiy impossibie unless they are sitting in the living room of Lot 19. The other two are between Lot 23 and 24 and Lots 31 and 32. They can fit those, from their standpoint, they just try to match driveways from a utility connects standpoints. They feel this works better. There are limited conditions where it exists but he understands the purpose of the condition and he would like the opportunity to work with the Planning Department. Their plotting may change because customers may favor one plan over another. It would help to have some flexibility in the plan. Chairman 8ristol: There was discussion at the morning session regarding the sidewaiks. Apparently there is a Cirywide push to not do it the ~vay the applicant requests. Commissioner Bostwick: Basically, wanting a planter out by the sidewalk, the sidewalk and then the planter again. They have asked to keep back and not encroach onto the City's right-of-way. Peter Gambino, Associate Civil Engineer, Public Work Departrnent: Responded yes, that is correct. Commissioner Bostwick: Rather than them taking care ~~: ~r, the applicant would rather do the other which reduces the amount of landscape that you can give them aiong the fence but gives them their planting room for their trees along the sidewalk and the curb area. The applicant is willing to go in and change the other surrounding streetscapes to bring it all into conformance. Chairman Bristol: He noted that if they move the existing palm trees, it is apparently very expensive. Mitchell Bradford: They could leave them. Asked what the plan for the palm trees are7 08-03-98 Page 18 Commission Boydstun: They want them to be left in and put a tree in between them. Chairman Bristoi: A canopy type palm tree. Mitchell Bradford: They are contrary to ons of the conditions regarding the maximum height of planting within the medium parkway. There is a line of site issue to consider. Commissioner Bostwick: Wouid the actual parkway that they want to have is a 4 foot wide planter? Peter Gambino: They wouid be looking for a 5 foot parkway from behind the curb face, then a 5 foot walkway behind that, followed by their landscaping. Commissioner Boydstun: Asked if the City would maintain the 5 foot parkway? Peter Gambino: The parkways should be maintained by the adjacent land owner, actually throughout the City. In this case, it would be by the Homeowner's Association which would represent the adjacent landowners. Commission Bostwick: That is not wliat was sta;ed at the morning session. She (Melanie Adams) stated the trees, etc. would be maintain by the City. Greg Hastings, Zoning Division Manager: What she indicated this morning was that the trees, possibly, would be maintained by the City but the landscaping itself in this case, would be maintained by the Homeowners Association. Commissioner Bostwick: Aslced about Condition No. 7 regarding the spacing of ciinging vines at wider intervals. Cheryl Flores: She thought they could request more than 3 feet but 15 feet seems very far apart. Commissioner Bostwick: They do not have to be planted on ihe pop-outs, but they can be planted along the wall and asked Code Enforcement for their opini~n. Don Yourstone, Senior Code Enforcement Officer: Normaliy they are planted 3 feet apart. They find that grows fairly quickly and it covers up the wall to prevent any graffiti and vandalism to the wall. Commissioner Bostwick: Asked if a 5 fo~t grows as fast? Don Yourstone: It probably would. Commissioner Bostwick: Asked if it could be tied to the opening of the models? For the line-of-sight consideration. Suggested that the block wall shall occur prior to opening of the models for sale. Mi;chell Bradford: They plan on having all that in and landscaped with the wall completed when they open the m~dels. Greg Hastings: The only concern staff has when there is a biock wall involved is the construction going on the property adjacent to residents. Therefore, the block wall on the property line should go in first. Mitchell Bradford: As clarification, on the south side thcre is a wall that exists that they are not moving on the west side. They still have to figure out exactly how the wall works along there. There is about a 10 or 12 foot retaining wall that is going to require some structural calculations to figure out where exactly they are going to locating that ~vall. They can put screen fencing up in that area. They will probably put chain link around the property, for construction purposes. They could also lay a screen mat around there. 08-03-98 ~r Page 19 Commissioner Bostwick: If he has their front 1;~nces and perimeter wail up by the time they open their models, it would look like a development in proyi ess. Mitchell Bradford: Once they open their models the perimeter wall will be in because it actually makes their project look better. Chairman Bristol: He had a concern with Condition No.13, regarding the sewer and drainage improvements within the tract shall be privately maintained. Commissioner Bostwick: They need to add, or will be accepted by the City if bui~t to City standards. Peter Gambino: Actually their preference would be to have that maintained as a private system simply because it is for exclusive use and benefit to that community and everyone in the Homeowner's Association. Regarding maintenance, if it is going to be a gated community the streets are smaller, it may ~e somewhat of a hardship for the maintenance crew to get in there and provide any necessary maintenance. So the prefer is to have it as a private system. Mitchell Bradford: Asked how the condominium project to the south is maintainer;? Peter Gambino: He was not certain but comparable projects currently going on in the City that they are looking at now, are privately maintained within the network of the private streets. Mitchell Bradford: He thought that probably sewer and water line maintenance is something that they may not want to leave up to a Homeowner's Association. They can tie it in to the CC&R's. Commissioner Bostwick: Asked if that was done at Pepper Tree or Lynn Haven? Cheryl Flores: Lynn Haven is HQT. She would have to check that since she was not certain. Commissioner Bostwick: He thought it could be built as long as it was buiit to City standards then they would accept it. Peter Gambino: That was a statement he did make at the last meeting which he was incorrect. In speaking with the Maintenance staff, it was brought to his attention. For Maintenance purposes it should be maintained. Peter Gambino: There may be a hardship in some situations but he would have to check on that. Selma Mann Assistant City Attorney: The condition could be left as is but stating, unless accepted from Nfairtenance by the City of Anaheim. That would leave the Department able to work with the developer. Commissioner Bostwick: As these projects come along and they find that they are getting smaller streets and higher densities. This does present a problem for the large trucks that the City operates. As the applicant indicated, there may be a future problem being created that the Homeowner's Association will not be able to maintain this. Chairman Bristol: Regarding the issue of the railroad tracks. At the last meeting, they heard that it was going to be abandoned, but now, according to a letter, it might be utilized. Alfred Yalda, Principai Transportation Planner, Traffic Engineering Division: The railroad belongs to Union Pacific Railroad. Currentiy they are looking at an alternative to another City to abandon this project, but as long as the project is working at another City it is not going to come to play. They will be using this track but it is uncertain, at this time, how long that will be. Even if they abandon that line OCTA (Orange County Transportation ,~uthority) will have the first priority to take over that line. They may want to use it for rail 08-03-98 Page 20 consideration for the County. At this time, he did not feel it is going to be completely abandoned. It is going to be used by either Union Pacific or OCTP,. Mitchell Bradford: As they did their acoustical analysis they made the assumption that the railroad would stay at its current operating levels. Their sound attenuation study provided that Knott Avenue actuaily generates more noise on average then the railroad does. The future of the railroad track is uncertain. They just wanted to make sure that they were covered if the current operations continued. Commissioner Bostwick: Asked what the determination on Condition No. 18 regarding the 30 foot driveway, th.: plans show it much wider? Mitchell Bradford: It is really to create a smaller throat at the entrance to the project. He is not certain the reai purpose of that, but from a design standpoint, they can accommodate it. Alfred Yalda: They do not want ko create another highway to go to their project. That is why they have a maximum width for their driveways so it does look like a driveway. It is easily accommodated by having a 30 foot wide driveway and then they could create for a turnaround area. It is going to make their project luok better. Mitchell Bradford: Fram the standpoint of visibility, as the design is created there is a"throat" and then project opens up. They were trying to create a standard design that would be designed similar to Lynn Haven. The throat concept is used at some areas but not off of major streets such at this project. Ttieir preference is the design on the plot plan and the landscape plan. They feel it is cleaner, more efficient and safer. Commissioner Ciostwick: Asked if the 30 foot driveway will affect their actual throat and entry way at they have designed it? Mitchell Bradford: It will modify what goes on their, because the plan was to have a call box in an island as people enter the project. He is not sure if they have the depth now to provide both the smaller throat and then a turnaro~~nd area that is also proposed in a cut in the medium in the middle of the drive area. He is concerned they are going to end up with a call box on the right hand side. The standard drives where you can have 2 car widths entrance into the project, people can see in there, can clearly have a visitor on the left, and another car on the right. Throating down the entry causes, for example, bigger trucks a more difficult time getting in and out of there. They liked the design at Lynn Haven and think it works with slight modifications. They would prefer not to throat down the project. Alfred Yalda: Engineering Standard Detail No. 137 is the City's standard and any changes to that standard has to be approved by the City Enc~ineer. They would be happy to work with this applicant. Commissioner Boydstun: Asked about the width of the project at Broadway and East, there is room to pull in next to the call box while staying in the car and enough room for a car can pass on the right. It has to be about 20 feet wide. Also the other side going out is as wide. Those driveways must be 40 feet. Alfred Yalda: They do not have a problem with that. It is just the standard of 30 feet. If iYs an exception to ;hat the City Engineer generally approves that. Commissioner Bostwick; If there is a island between the two driveways then there would be 20 to 25 feet on either side. Mitchell Bradford: Their entry drive is not 30 feet wide, it is 20 feet wide, but they also have an exit lane. Commissioner Bostwick; Suggested rather than having one large driveway, put an island in the middle with two driveways. OS-03-98 Page 21 Alfred Yalda: Those generally do not work because they get hit all the time. They work with the developers to put the medium island further back inside. Mitchell Bradford: Unfortunately, the new land plans have not had the benefit of having new code written for them, so the concept of a private driveway for a condominium pro;ect might be different from the prospective of this being the only ingress and egress point for a project and no new standards set for these street designs that they are creating, the smaller lot program that they are creating. He is not say that City standards to not work, they are changing over time. The entry to Lynn Haven as a perfect example, does work functionally, it is more attractive and people can figure it out a little better. A 30 foot driveway is little tight. If is ends up being a 30 foot driveway he may return to Commission because he is not certain how that would work. Selma Mann, Assistant City AYorney: Mr. Yalda was stating that the width of the driveways and entry on to the streets are all within the jurisdiction of the Ciry Engineer and not the Planning Commission. So at no point would it be coming back to the Planning Commission for a determination. That would be something that would be done by the City Engineer and should there be any appeal from the City Engineer decision that would be to the City Council. Cheryi Flores: Recommended the following changes: Under the Conditional Use Permit. • Condition No. 10, be placed on the Reclassification. • Condition No. 14, that requirement be placed in the CC&R's. It is the responsibility for the Homeowners Association to clean the area between the curb line and Knott Street periodically. Keep it as a condition but it be reflected in the CC&R's. • Condition No. 23 should read "remainder parcel adjacent to Ball Road is not conveyed to the adjacent property owners to its east." • Condition No, 24, add that final landscape and fencing plans for the entire site be submitted as a Reports and Recommendation item. It would also include plans for the two tot lots rather than one, iwo are shown on the revised plans. • Condition No. 26, that the information shawn and plans submitted for building permits. Tentative Tract Map. . Condition No. 5, want to clarify it rEfers to new 15-gallon trees shall be planted. But the objective is to also retain the 4 existing palm trees along there as well, subject to the Traffic and Transportation Manager's approval on the line oF site. During the action: Cheryl Flores: There is a remainder parcel that abuts Ball Road (currently zoned Commercial). For that remainder parcel it would not be necessary to do the General Plan Amendment and Reclassification on that. It could actually retain the CL Zoning if it would be Commission's option. Commissioner Bostwick: He thought it was appropriate in the resolution for the GPA. 08-03-98 Page 22 OPF ~SITION: None ACTION: Approved Negative Declaration Recommended Adoption of General Plan Amendment No. 357, Exhibit A to the City Council, excluding the remainder parcei currently designated as Generai Commercial. vote: (5-0, Commissioner Williams absent and one vacant seat) Granted ReclassificatEon No. 97-98-20, excluding the remainder parcel that abuts Ball Road currently zoned Commercial, with the following added condition: That the property owner shall submit a letter requesting termination of Conditional Use Permit No. 3178 (to permit the expansion of an existing commercial retail center with waiver of minimum number of parking spaces), Conditional Use Permit No. 2025 (to permit sales of beer and wine for on-premises consumption in an existing restaurant at 1245 South Knott Street), Conditional Use Permit No. 1634 (to permit sales of alcoholic beverages for on-premises consumption within a proposed bowling alley at 1241 South Knott Street), Variance No. 2697 (for waiver of maximum number of signs, minimum distance between signs, and to permit 15 existing freestanding signs), and Variance No.1787 (for waiver of maximum building height within 150 feet of residentially-zoned property) to the Zoning Division. Commissioner Bostwick offered a motion, seconded by Commissioner Boydstun and MOTION CARRIED (Commissioner Williams absent and one vacant seat), that the Anaheim City Planning Commission does hereby recommend to the City Council the approval of Waiver of Council Policy No. 542 on the basis thai adjaaent tracks are in limited use and are expected to be abandoned in the future. Approved, in pa~t, the Waiver of Code requirement as follows: Denied Waiver (1) on the basis that it was del2ted following public notificetion, Approved Waiver (2; provided a minimum of ten (10) feet is provided between structures [Lots 17 and 18 are the only lots which may have chimneys aligned in the side setback area, otherNise chimney encroachment alignments are to be varied to create the widest possible space between structures], and approved Waivers (3) and (4) on the basis that the property has unique qualifications in its size, location, shape of the parcel, it is located adjacent to rail road tracks which creates a hardship on the property, and that the waivers will not adversely affect the adjoining land uses. Granted Condit~onal iJse Permit No. 4042 with the following changes to the conditions of approval: Deleted Condition No. 10. Modified Condition Nos. 7, 8, 13, 14, 16, 21, 23, 24, and 26 to read as follows: 7. That clinging vines and/or fast-growing shrubbery shall be planted and maintained adjacent to all fences visible to Knott Street, E3all Road, and the railroad right-of-way. Minimum 5-gallon size plant materials with minimum 1- gallon size vines on maximum 5-foot centers sha!I be planted in these areas. Said information shall be specifically shown on plans submitted for building permits. The landscaping shall be pianted prior to final building and zoning inspections. OS-03-98 Page 23 That final plans with enhancements (i.e. upgraded window trim, borders, pot shelves, etc.) on the east and north building elevations, and sign plans shall be submitted to the Zoning Division for the review and approvai of the Planning Commission as a Reports and Recommendations item. The specific location of the perimeter masonry wall adjacent to Knott Street shall be subject to the review and approval of the City Traffic and Transportation Manager for line-of-sight considerations. Construction of said block wall shall occur prior to the opening of the first model. 13. That sewer and arainage improvements within the tract shall be privately maintained unless built to City standards and accepted for maintenance by the City Engineer. 14. That the pubiic right-of-way portion of the Knort Street entrance drive, between the curb line of Knott Street and the private property line, shall be the responsibility of the Homeowner's Association for reyular periodic cleaning. Said requirement shall be added to the Covenants, Conditions and Restrictions (CC & R's). 16. That all Iandscaping, inciuding the common "pocket park" tot lots, (and excepting landscaping not visible to the public or private streets) shall be installed by the developer, and shall be maintained by the homeowner's association. Front yard landscaping shall include one (1) minimum 24" box canopy type tree, such as the Camphor tree, for each front yard which shall be indicated on plans submitted for buiiding permits. Said landsc~:ping shall be planted prior to final building and zoning inspections. 21. That an on-site trash truck turn around area be provided per Engineering Standard Deta~l No. 610 and as required ny the Department of Public Works, Street Sweeping and Sanitation Division. Said information shall be specifically indicated on plans submitted for building permits. 23. 7hat if the designated remainder parcel adjacent to Ball Road is not conveyed to the adjacent property owner to its east, the developer of this property shall be responsible for the planting of trees, shrubs, vines (to screen the adjacent carport walis) and groundcover on this parcel. The landscape materiais planted by the developer shall ultimately be maintained by the Homeowner's Association in perpetuiry, at such time that the Association becomes responsible for maintenance of other portions of the property. Said information shall be specifically identified on plans submitted for building permits. Said landscaping, if applicable, shall be planted prior to final building and zoning inspections. 24. That final landscape and fencing plans for the entire site (including the two (2) "pocket park" tot lots) shal! be submitted to the Zoning Division of the Planning Department indicating type, size and location of existing and proposed landscaping and irrigation and fencing for review and approval of the Planning Commission as a Reports and Recommendations item. Once approved, the landscaping and fencing shall be installed and maintained in accordance with the ~lan. 26. Th~t the setbacks between all dwelling units shall be a minimum of 10 feet apa~t, except for permitted chimney encroachments or media areas approved by the Planning Department, and all chimneys pop-outs shall be staggered so as not to be abufting each other with the exception of the Lots 17 and 18. OS-03-98 Page 24 Vote: (5-0, Commissioner Williams absent and one vacant seat) Approved Tentative Tract Map No.15704 with the following changes to c~nditions of apFroval: Modified Condition No. 5 to read as follows: 5. That street improvement plans shall be submitted to the Public Works Department, Development Services Division for the new private street and private sewer. A five (5) foot wide landscaped parkway located immediately adjacent to the Knott Street lanes of traffic shali be planted and maintained by the developer until the Homeowner's Association becomes responsible for the maintenazce of the comnon landscape areas which shall also include maintenance of this parkway. New 15-gallon trees and groundcover shall be planted in this parkway to the satisfaction of the Parks Division of the Community Services Department. A five (5) foot wide sidewalk shall be constructed between the parkway and the property line. That the four (4) existing palm trees shall be retained unless removal is specifically approved by the City of Anaheim. That the City Traffic and Transportation Manager shall review the location of the existing palm trees for line-of-sight considerations. Added the folicwing Condition: That the developer shall record an unsubordinated covenant in the Office of the Orange County Recorder that provides notice to initial and subsequent home buyers that the Orange Caunty Transportati~n Authority (OCTA) is contemplating future transit use of the Pacific Electric Railroad right-of-way adjacent to this property that may create noise an~ vibration. Commissioner Bostwick offered a motion, seconded by Commissioner Peraza and MOTION CARRIED (Commissioner Williams absent and one vacant seat), that the Anaheim City Planning Commission does h;.; eby request City Council review of the Negat~ue Declaration, Reclassification No. 97-28-20, Waiver of Council Policy No. 542, Waiver of Code Requirement, Conditionai Use Permit No. 4042 and Tentative Tract Map No. 15704. VOTE: (5-0, Commissioner Williams absent and one vaca~t seat) Selma Mann, Assistant City Attorney, stated this matter will be set and scheduled for consideration by the City Council. DISCUSSION TIME: 52 minutes (2:23-3:15) (There was a break following this item.] 08-03-98 Page 25 8a. CEQA NEGATIVE Dec~AKA i wrv ~~~ ~~Cu 8b. VARIANCE N0.1229 (READVERTISED) Denied reinstatement OWNER: Gregory Parkin, 2500 W. Orangethorpe #V, Fullerton, CA 92633 AGENT: Mohsen Abdolsalehi, 7830 Crescent Ave., Buena Park, CA 92680 LOCATION: $23 SoGth RParh Boutevard - Covered Wagon ~lotel• Property is 1.3 acre located on the west side of Beach Boulevard, 975 feet north of the centerline of Ball Road. To consider reinstatement of Variance No. 1229 by the modification or deletion of a condition of approval pertaining to a time limitation to retain an existing 70-unit motel. VARIANCE RESOLUTION N0. PC98-117 SR6889DS.DOC • • o • • • ApplicanYs Statement: Gregory Parkin, owner of the Covered Wagcn, 823 S. Beach Blvd., Anaheim, CA: Stated he received the staff report about an hour ago. He apologized beceuse he was not better prepared. The reason for that is the inconsistent feedback from the City officials, especially the Police Department. He was stunned at the recommendation for denial. Recently he was at a West Anaheim concerned citizens meeting. Sergeant W~Iker spoke with him at the meeting and said, "Thank you for putting those guards on the property. Since you have put those guards on the property our request for service has almost disappeared." In the staff report it shows 177 calls but that covers months when the guards were not there. Had he known that there was going te be a denial he would have had the information concerning how many calis for seroice that there have been in the last year. It has been during the last year that they have had the security guards on the property. Ha spoke with Don Yourstone prior this public hearing and asked him about the staff repcrt that indicated no guard observed. Don Yourstone said he was there last Friday and did not see a security guard. That is very possibie, if a guard has a call for service the two guards go together. He felt they need to have someone like Officer Murphy who services their motel at night when their guards are in place. He tried to reach her but she works nights and she is off-duty. At the end of the last meeting when all of the conditions were placed, he contacted Greg Hastings by telephone, within the appeal period and said there were only two things that he has a problem with. He will probably a~peal unless they can straighten them out. One of them is that he wants to have his own guards. He was an Orange County Deputy Sheriff for 6 years. He had his own private patrol service for 10 years before he became an attorney. He said that we wantzd to come down and ta~k about that because that is an item that he wants to have control of. He came down to the City and brought the "g~ard cards". These are state licensed guards. They have the Department of Consumer Affairs Guard Cards. [He showed Commission from fhe podium the card.] He said this is a problem that needs to be resolved. They took photo copies of all of the security guard cards. They knew who the guard were. 08-03-98 Page 26 At the last inspection with Mr. Yourstone, one of their guards, William Riddell (speUing not given], accompanied Mr. Yourstone with his badge and his handcuffs because there were no police officers present to make sure that there were no problems with any of the tenants getting into th ~ units. If you look at the number of calls for service in the last year, it is not going to be anythinq like 177, it is going to be very small. Regarding the leak in the roof, they have put a new roof on that building since the last time they were here. He does not have the bill from the roofer because he did not have time to bring it, but the roofer did sent a certification to the City after the Iast meeting, indicating the work thaE he had done on the roof. If there is a leak in that roof, certainly the roofer would fix it. It is a completely new roof, not a patch job. Since the last meeting they have completely sealed and rastriped the parking lot which costed $6,000. They were in process of working on the parking lot when City staff inspected the property. Regarding the registretion folios, they deal very closely with the Police Department on that. On the back of the folios there are A or 9 rules that the tenants must sign when they rent the room concerning letting the Police and Code Enforcement in, and rise other things that are required. On the front of the folio they have their driver's license, social securiry number, try to get their date of birth, their complete address, their car license number. The Police Department comes in and checks these folios. They have received no complaints. The officers that are on the beat everyday working with them have no complaint with the way their registration is handled and the way the folios are lined out. If they had a complaint they would simply correct it. He agrees with the 28 or 30 day rule to vacate the room. It is good to get people out of the room and get possession of the room. That way it can be maintained, it saves carpets and money in the long run. They don't just let people laave everything in there and come return. If they check these people out of the motel, they should be able to compete for their business just as much as any other motel. He has another Covered Wagon Motel in Buena Park and they try to check the people out and go over there. If th:ey don't want to stay there or they want to come back they let them come back, but not into the same room. Ms. Gray was made the point, it is to the advantage of the VUest Anaheim motels to know who is in their motel. There are a fot of "bad" people in West Anaheim motels. They have a don't rent list. Sirce the last time he typed it up there are 29 more entries of people they feel are undesirable and will not rent to and 200 more typed names of people. Their staff checks this list. They don't really wan~ strangers. You don't know wha! you are ~ettirg when someone walks off the street. He is not familiar with the police officer that wrote the letter. He has never spoken to him. They are trying very hard to make it a good, clean family motel and to keep the undesirables away. The items that were in the last inspection were very minor items. Every item on that li~t has been rectified except for the 4 spongy floor in the bathroom. Those spongy floors are not easily noticeable. It is a soft spot between the toilet and the shower, where apparentiy the guests do property close the shower certain. Those will be i~;;ed. They have two full time maintenance men, 5 days a week. They are small items. One was a knob off a N, a couple of doors stops, etc. Regarding the pool being cloudy, they have their pool service which was due to come out the day the inspection was made. They have failed a Health Department inspection of their pool. Their water inspection has always passed. For the past couple of years they have been inspected regularly. Someone made a statement that they were in their room for longer than 30 days. That was Mr. & Mrs. Lanjar's room which is also the room that had some holes in the walls. The room was exempt for the manager to stay in. At the time these people were the managers. Since that time, they have a new manager. They still work for the Covered Wagon Motel so they did not remove them from that room, they left them in that exempted room. They expect them take care of their own room. Mr. Lanjar works for the Covered Wagon in Buena Park and Mrs. Lanjar works for the Covered Wagon in Anaheim. 08-03-98 Page ~7 Even though their motel is very old, he feels the rooms are well maintained. Once in a while they get a door stop problem but they fix those things. It is an ongoing problem like smoke detectors. People steal the batteries. They just have to keep on it ali the time. They are a large motel with 70 rooms, the average in the area are 35 to 40 room motels. They try to stay on top of it. Regarding inoperable vehicles, he did not know which ones those are. Don Yourstone, Senior Code Enforcement Officer. They are listed in the letter he sent to Mr. Parkin late last week. There were 3 or 4 vehicles on the north side and 2 vehicles on the south side of the parking lot, near the pool. Gregory Parkin: He would look into it. It appears the vehicles are operable. If he would have known at the ;ime he couid have checked with the owners of the vehicles. Commissioner Boydstun: Stated staff reports can be picked up on Friday afternoons. Gregory Parkin: He did not know that. Gregory Parkin: Regarding the maid service, it is sometimes a problem because there are some people that do not want maids in their room. Sometimes they have to let them slide a day or two, but do not let them slide very long. If they refuse on a continual basis then they evict them from the property. All of the carpets are scheduled to be washed once a week. The reason they have a soil problem is because of the leaky cars, people walk through the oil stains and then walk into their carpets. They tend to have light colored carpets. Chairman Bristol: Asked Mr. Parkin if he wanted to admit, into the record, a copy of the guard card that he referred to in his testimony? Gregory Parkin: Responded yes. (A photo copy was then made and returned to Mr. Parkin]. Eric Parkin (Gregory Parkin's son): He has a vested interest in the outcome of taday's hearing. During the past 3 years he and his brother have been watching the progression of this motel with the hopes of one day putting an Italian Restaurant up front. To that extent they have done some minor repairs and remodelinp inside the restaurant with the hopes that one day the restaurant will be open. They plan on submitting an application in 90 days. When the restaurant is opened the management at the motel will be changing from the present management systam to he and his brother (Jim Parkin). Last year at a ghetto project that they took over in La Habra they won the "Spotlight Award". It was an area known for gang problems into a gated community. They hope to turn the Covered Wagon into a family restaurant and motel. This has been happening over 3 years in multiple stages. Before the motel was purchased by his father it was a gated ground fuli of trash and transients and drug abusers, criminals and vagrants. The first year of operation required a lot of capital. It has only been during the last year that the property has been maintaining itself on a budget. It is difficult to continue operating and continue putting money in. The criminal offenses are dramatically reduced. 'fhe maintenance of the property is greatly improved. The things that are happening are minor in comparison to the rest of the community along Beach Boulevard and in comparison to how this property was 3 years ago. He felt that there was information that was not presented to Commission in the staff report. He suggested rescheduling a new hearing to provide Commission with evidence that contradicts what Commission has been told already. THE PUBLIC HEARING WAS CLOSED. 08-03-98 Page 28 Randy V~~est, Police department: He did a comparison on the other four properties that Commission requested. Between August 1, 1997 to August 1,1998 the following referenced calls at the properties: 831 S. Beach Blvd. - 200 calls. 926 S. Beach Blvd. - 98 calis. 727 S. Beach Blvd. - 39 calls. 921 S. Beach Blvd. - 84 calls. 823 S. Beach Blvd. -177 calls. (Covered Wagon Motel) Chairman Bristol: Asked Officer West to describe the type of calls. Randy West: At the Covered Wagon a major of the calls were disturbing the peace and/or subject stops. Subject stops would be patroi officers stopping to talk to people and they put them selves out on the radio and that generates a call for service at that location. There were also 6 assaults, 8 suspicious circumstances, 7 thefts, 6 more keep the peace calls, 3 person with a gun calls, 2 unknown troubles, 2 rape reports, 2 stolen vehicles, 1 kidnapping, 1 indecent exposure, 1 possession of stolen property, 1 domestic violence, etc. In comparison 831 S. Beach Blvd. which had 200 total cails for service had 50 subject calis or referenced, 21 calls where the officer stopped to do follow-up work at that particular Iocation and that couid be for previous calis, 22 disturbance calls, 10 assault and batteries or assault with a deadly weapons, 3 burglaries, 34 out of service calls which again could mean a variety of thing, 3 robberies, 1~ suspicious circumstances. Gregory Psrkin: Page 2 of the staff report indicates that the Covered Wagon Motel evaluation was done not from August but from April of 1997. He suggested perhaps they coul~i have an evaluation of August to August as they did w~th these other to see how they fair on. Commissioner Boydstun: That is what Randy West did. Commission asked him to pull calls from August 1997 to August 1998. The staff report has older information and they asked P~9r. West to submit something more current. Gregory Parkin: They have the only double driveway open area on Beach Boulevard strip where a car can come and in pull. Commissioner Bostwick They heard that but it does no; have anything to do with disturbing the peace, assaults, thefts, rapes, stolen vehicles, kidnapping. Gregory Parkin: He is una~rare of a lot of those calls. Chairman Bristol: He said the same thing last year. Asked if there have been 2 uniformed police officers at the site everyday. Gregory Parkin: Yes, every day except one. Commissioner Bostwick: Asked what their hours were? Gregory Parkin: They work from 6:00 p.m. They were suppose to go until 6:00 a,m, but Tom Engle said it is not necessary after 3:00 a.m. So now there is only 1 from 3:00 p.m. to 6:00 p.m. Commissioner Bostwick: Asked if anyone from the Police Department or Code Enforcement observed these security guards? 08-03-98 Page 29 Don Yourstone, Senior Code Enforcement Officer. He was out there last Friday night for about 5 minutes. No one approached him or he could not identify anyone as a security guard. During their inspections of last week, there was a gentleman that came around along with them. He had a badge on his belt but he did not identify himself as security. Greg~ry Parkin: That is the same guard that they showed the credentials to the City when they hired them. Chairman Bristol: The next thing would be to look at the times that the officer just spoke about and tie it when Mr. Parkin's guards are suppose to be there. Those are a lot of calls and activity when there are uniformed guards on the site. Gregory Parkin: It does not make sense to him because they do not call the police, there is no reason to call. Besides the 2 guards, they have retained Tactual Alert. They come on their property 6 times a night (a patrol service). They contact the guards to make sure everything is all right. They can testify that their guards were there to watch over their guards. He would really like to see the reports because he could not imagine something like happening, tlieir guards and tactical alert would be aware it. They have retained Tactual Alert ever since they were they were there last time, in addition to the guards because they wanted to check their guards. Chairman l3ristol: There was some information regarding the room not being in good sanitary conditions, Don Yourstone: When he did his inspection, along with the Orange County Health Department on July 29, 1998, the rooms they visited had Code violations regarding "spongy" floors, cockroach problems, unsanitary dirty rugs, etc. The pool was cloudy and there were some inoperable vehicles outside. There was some debris along the northwest corner of the property. They comnleted their inspection that day and that night he received a phone call from a person from that property who warted to remain anonymous because they were afraid of retaliation from the management. They stated there was definitely a problem with the cockroaches and other insects on the properry. As far as maid service, they have asked the manager for maid service and have not been provided this type of serve. They were threatened if they would go to the City, they would probably be evicted. Chairman Bristol: Yet this is a motel and the Condition states thzy must have made service everyday, Asked Mr. Yourstone if he was aware of anyone spending more than 30 days there without leaving? Don Yourstone: During their inspection, as he was leaving he had asked some of the tenants how long they had been there and they indicated they were there at 30 or more days in their room. Chairman Bristol: Asked if they have complied with any of the first 5 conditions within the last 12 months? Asked the representative if there were any problems with Condition No. 5? Randy West: No; that he is aware of at that specific location. They do check that propsrty, Vice Detail is usually out there 5 days a weeks. He has yet to see a uniformed security guard on that premise, at any hour of the evening, when they are out there. Chairman Bristci: He was out there on Saturday morning and he saw what appeared to be three inoperable vehicles on the west side. If this property could even be successful and open a restaurant with the amount of vehicles he saw on Saturday morning, he does not know where they would park. There were a lot of vehicles, a lot of activiry there. Richard Bruckner, Community Deveiopment Department, Redevelopment Agency: The property is now within the Redevelopment Project Area. As part of the adoption of the project area they did extensive research into Code violations and polics activity in the general area as well as property values. 08-03-98 Page 30 Tha following as some of the findings: This area has a disproportionate number of Code ~iolations compared to the rest of the City on an acreage basis, the same with the police repo~ts. Property values in the area have been held back ~ansiderably as rwell as sales tax has not grown. Property values over the long term have declined in sales taxes, have not grown with the rest of the City. When they looked at the building conditions in this area it appeared that the Police and Code Enforcement activities, the property values and sales taxes are al! linked to conditions and operation of the motels in this area. From a Redevelopment perspective, they think properties with these type of conditions as documented by Police and Code Enforcement are contribu#ing to continuation of the biight in the area and hold back economic progress in this area. Gregory Parkin: In the staff report, page 2, it indicates from April to August, they had 177 calls but they did not make any progress when they did it from August to August, there must certainly be less than 177 calls. Chairman Bristol: That was from August 1, 1997 to August 1, 1998, it was a mistake on the staff report. Randy WPst: That was correct. That is probably a typo or an error. It should be August 1, 1997 through August 1, 1998. Gregory Parkin: He wished Sergeant Walker was present because Sergeant Walker made the statement to him that ever since the guard have been there, there calls have deminished tremendously. It is half of what is was frorn the year before but it is still not enough. Chairman Bristol: It is suppose to be a motel, with maid service, they need to have uniformed guards. Apparently no one has seen a uniformed guard, the pool is cloudy, problem with cockroaches, unable to control the smoke detectors. There is the possibility someone could die in the facility. He recalled they had the same discussion a year ago and it appears they are not much better than they were a year ago. Gregory Parkin: If he had the time to bring in some people, he could disprove some of these items. He only had an hour to prepare. He had no idea that the recommendation was going to be for denial. It is not a bad pl~ce at all. He asked for a continuance to the next meeting so he could have Seroeant Walker, Officer Murphy, the patrol service, a representative from the Health Department. Commissioner Bostwick: There are other contributing factors and the fact that the have visited the property. They can drive on the property and understand that there are inoperable vehicies. Mr. Parkin, as the owner of the property should be there on a regular basis. He abviously needs to be on tlie property and be in the rooms himself. His management is not capable, they have not shown it in 2 ~r 3 years that the property has been looked at. There is not any follow through. There is definitely not a reason he could find that tells him that this site is not contributing to the downward trend of the whole neighborhood. He can not find a reason in which the finding should go on. He does not want to put anyone out of business but he thought the whole property needs to be cleaned up, redone and perhaps someone else operating it, who is there ful~-time. Gregory Parkin: His son Jim (in the audience) is actually going to be the.re full-time as well. He is yiving up his law practice io do it. Commissioner E~ostwick: He needs to come back with a whole plan of what he is going to do and how he is going to do it. During the action: Selma Marsn, Assistant City Attarney: At the time that this variance was originally approved in 1960, there is a finding that appears on that use variance. It said the granting of this variance will not be materially detrimental to the public welfare or injurious to the properry or improvements in such vicinity and zone in 08-03-98 Page 31 which the property is located. The provisions of the Anaheim City Municipal Code for reinstatement require that the facts necessary to support each and every required showing for the issuance of such entitlement must exist. It would be appropriate to add a finding to the findings, the basis for the denial of the reinstatement. The conditional use permit findings are very similar but they also differ somewhat in that it sEates that it would not be materially detrimental. Commission would need to find that they could no longer make that finding and add that to the reasons for denial. There is a resolution, attachment to Item No. 8. It is a copy of the resolution that was appraved April 18, 1960 by the Planning Commission. Item No. 4 on that resolution is the finding that was u~ed by the Commission in 1960 approving this variance. If they had been intending to approved reinstatement, they would have had to find that all those original findings could be made. Since they are recommending denial, they need to find the opposite of that with regard to no. 4. OPPOSITION: None ACTION: Denied the Negative Declaration based on the potential significant adverse environmental impacts such as noise, substandard housing conditions, and hazards from Building, Electrical, Plumbing, and Fire Code violations resulting from the continued substandard operation of this motel. Denied reinstatement of Variance No. 1229 based on the following: 1. That the granting of this variance will be materially detrimental to the public welfare and injurious to ?he property and improvement in such vicinity and zor:e in which the property is located. 2. That the properry owner has ~ complied with the terms and conditions of Resolution No. PC97-89, specifically Condition Nos. 1(no security guards observed), 2, (inadequate guest registry), 3(long term residency), 4(no daily maid service), and 9 and 14 (numerous Code violations observed), adopted in conjunction wifh Variance No. 1229. 3. That due to the condition of the property and lack of diligent management of this motel, including ongoing Code violations and law enforcement problems, the property has been maintained in a manner detrimental to the area and surrounding land uses. 4. That based upon Code Enforcement Division and Police Department records which indicate numerous Code violations and higher than average calls for service, this use is being exercised in a manner which is detrimental to the public peace, health and safety and general welfare of the area. 5. That based upon the recommendation of the ~ommunity Development Department, this use is being exercised in a manner which is not consistent with the goals of the West Anaheim Commercial Corridors Redevelopment Project Area. VOTE: (5-0, Conmissioner Wiliiams absent and one vacant seat) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 44 minutes (3:25-4:09) 08-03-98 Page 32 9a. CEQA NEGATIVE 7ECLARATION Continu 9b. CONDITIONAL USE PERMIT N0. 4046 8-31-98 9c. AETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY N0. 98-04 OWNER: Yong Sub Kim and Kum Hee Kim, 1000 W. Lincoln Ave., Anaheim, CA 92805 AGENT: Rick Blake and Associates, 2700 N. Main Street, #1000, Santa Ana, CA 92705 LOCATION: 1000 West Lincoln Avenue - Thomas Lj$unr, Property is 0.12 acre located at the southwest corner of Lincoln Avenue and Illinois Street. Conditional Use Permit No. 4046 - to permit the retail sales of alcoholic beverages for off-premises consumption (currently permitted for retail sales of beer and wine for off-premises consumption) in an existing 2,400 square foot convenience market. Oetermination of Public Convenience or Necessity No. 98-04 - request for determination of public convenience or necessity to upgrade an existing Type 20 (beer and wine) Alcoholic Beverage Control (ABC) license to a Type 21 (General Liquor) license to permit the retail sales of alcoholic beverages for off-premises consumption in conjunction with an existing convenience market. CONDITIONAL USE PERMIT RESOLUTION N0. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY RESOLUTION N0. SR6890DS.QOC • • • o • • Cheryl Flores, Senior Planner: For the record, a letter was received from Rick Blake and Associates requesting for a continuance to August 31, 1998, to review options to overcome objections to the requested CUP. Chairman Bristol: Ask~d if there was anyone in the audience present regarding this item? There was a response from the audience. (He did rtot identify himself.j Chairman Bristol: Asked if he heard the applicanYs request for a continuance to August 31, 1998 and could he return at that time. The person in the audience responded he could return. Commissioner Peraza: Offered a motion for a continuance to August 31,1998, s2conded by Commissioner Boydstun and motion was carried. 08-03-98 Page 33 OPPOSITION: None/1 person present to voice his opinion, but will come back on August 31, 1998 to speak. , ACTION: Continued subject request to the August 31,1998 Planning Commission meeting in order for the appiicant to review options to overcome objections to the requested conditional use permit. VOTE: (5-0, Commissioner Williams absent and one vacant seat) DISCUSSION TIME: This item was not discussed. 08-03-98 Page 34 10a. C~f A NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) Approved 70b. CONDITIONAL USE PERMIT N0. 2090 (READVERTISED) Approved reins#atement fo~ 1 year OWNER: Haroey Owen, 91061 Huntington Drive, Santa Ans, CA 92705 (To expire 8-27-99) AGENT: Alisen Sanders,1160 North Kraemer Blvd., Anaheim, CA 92806 LOCATION: 9160 North Kraemer Boulevard - The Sha~k Property is 0.9 acre located on the east side of Kraemer Boulevard, 242 feet south of the centerline of Coronado Street. To consider reinstatement of this permit ~y the modifica;ion or deletion of a condition of approval pertaining to a time limitation to retain a public dance hall in conjunction with a 5,400 square foot restaurant with sales of alcoholic beverages for on-premises consumption. CONDITIONAL USE PERMIT RESOLUTION Nd. PC98-118 SR7178TW.DOC e • • • • • ApplicanYs Statement: Alison Sanders, owner of The Shack, 1160 N. Kraemer Blvd., Anaheim, CA: Was present to answer any questions. THE PUBLIC HEARING WAS CLOSED. Commissioner Bostwick: Asked Ms. Sanders if she had read the recommendations in the staff report? Alison Sanders: Yes, and agreed with the recommendations. Randy West, Vice Detail-Police Department: He concurred with staff of the one year time limit. OPPOSITION: None ACTION: Determined that the previously approved negative declaration is adequate to seNe as the required environmental documentation for subject request. Approved reinstatement of Conditional Use Permit No. 2090 for one (1) year. Amended Condition No.10 of Resolution No. PC97-115 to read as follows: "10. That the public dance hall use shall expire on August 27, 1999. Any request for extension of time must be received and approved, prior to August 27, 1999, in order to retain any legal non-conforming status of its location, or the public dance hall." VOTE: (5-0, Commissioner Williams absent and one vacant seat) 08-03-98 Page 35 OS-03-98 Pa~e 36 11b. • "rr•_'__ CONDITIONAL USE PERMIT N0. 3676 (READVERTISED) Approved reinstatement INITIATED BY: City Anaheim, Ftedeveioprnent Agency, 201 South Anahein 9oulevard, Suite 1003, Anaheim, CA 92805 LOCATION: 411 West Broadwav. Property is 5.28 acres located on the north side of Broadway, 150 feet west of the centerline of Clementine Street. To consider reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation to retain temporary classrooms and office space within the ground floor retaii space area of an existing parking garage with waiver of minimum number of parking spaces. Continued from the Commission meetings of June 8, and July 20, 1998 CONDITIONAL USE PERMIT RESOLUTION N0. PC98-719 SR7181T ~OC o • e • • • (This item was not discussed.J OPPOSITION: None ACTION: Determined tha- the previously approved negative declaration is adequate to serve as the requ~red environmental documentation ~or subject request. Approved reinstat~ment for Conditionai Use Permit No. 3675. Deleted Co~dition No. 6 of Resol~tion No. PC94-50 pertaining to the time lim~tation in its entirzty. Added the foll~;~ing condition to Resolution No. PC94-50: "7. That prior to business operations, the business owner shall obtain a vaiid City of Anaheim Busir~ss License from the Business License Division of the Finance Department." VOTE: (5-0, Commissioner Williams absern and one vacant seat) Selma Mann, Assistant Ciry Attorney, presented the 22-dav appeal rights. DISCUSSION TIME: 1 minute (4:13-4:14) 08-03-98 Page 37 1~a. CEQA NEGATIVE DECLARATION Approved 12b. SPECIMEN TREE REMOVAL PERMIT N0. 98-2 Approved OWNER: Woodridge Custom Homes, I, L.L.C., 27285 Las Ramblas #230, Mission Vejo, CA 92691 QGENT: Hunsaker & Associates, Attn: Dan Hosseinzadeh, 3 Hughes Rd., Iroine, CA 92618 LOCATION: 752-T54 Peralta Hiils Drive. Property is 2.2 acres located on the east side of Peralta Hills Drive, 750 feek south of the centerline of Crescent Drive. To permit the rem~ al of 14 Specimen Pepper Trees in connection with the grading of two ~L) residential lots for the construction of two (2) single- family residences. SR7173KB.DOC e • • • • • ApplicanYs statement: Bill Harris, Hunsaker & Associates, Civil Engineer (representing both Item Nos. 12 & 13): Todd Cunningham, the owner and developer is also present and they are available to answer any Guestions. They accept staff's recommend~tion on the projects. Chairman Bristol: Stated for the record, there were letters received from Joe and Vibiana De Bilio. THE PUBLIC HEARING WAS CLOSED. Commissioner Boydstun: Asked if the Pepper trees that go on the finished slope could be 24 - inch boxed? Bill Harris: On one properry t!~ey are replacing a 2 to 1 ratio and a 3 to 1 ratio on the other project. Commissioner Bostwick: Asked if the applicant would agree to planting 9,24-inch boxed trees on the slope7 Bill Harris: Yes, that would be acceptable. UPPOSITION: None ACTiON: Approved Negative Declaration Approved Specimen Tree Removal Permit No. 98-2 with the following added condition: That nine (9) of the nineteen (19) Pepper trees proposed on the finished slope adjacent to the north and east property lines shall be 24-inch box trees. VOTE: (5-0, Commissioner Williams absent and one vacant seat) 22 Selma Mann, Assistant City .4ttorney, presented the 22-day appeal rights. DI5CUSSION TIME: 2 mini!!?s (4:15-4:17j 08-03-98 Page 38 13b. SPECIMEN TREE REMO`JAL PERMIT NO. 98-3 Approved OWNER: Woodbridge Custom Homes,1, L.L.C., 27285 Las Ramblas, #230, Mission Vejo, CA 92691 AGENT: Hunsaker & Associates, Attn: Dan Hosseinzadeh, 3 Hughes Rd., Irvine, CA 92618 LOCATION: 390 and 420 Peralta Hills Drive• Property is 1.0 acre located on the north side of Peralta Hills Drive, 280 feet west of the centerline of Belleza Road. To permit the removal of 11' Specimen Trees (6 Eucalyptus, 4` Pepper and 1 Oak tree) in connection with the grading of two' (2) residential lots for the construction of 2` single-family residences. ' Origfnally advertised as 13 Specimen Trees to be removed from one (1) residential lot for the construction of one (1) single-family residence. SR7174KB.DOC ~ : FOCLOWING IS;A; SUMMARYAF THE PLANNING COMMI5SION ACTION Commissioner Boydstun: She asked if the applicant could install the Oak trees in 24-inch boxes? Bill Harris, Hunsaker and Associates, (representing both Item Nos. 12 &13): He did not believe they have any Oak trees. Commissioner Boydstun: The plan shows that there are to be 5 Oak trees, 12 Eucalyptus, and 15 Pepper trees. Chairman Bris!oi: For the record, a letter was received from Joe and Vibiana De Bilio, objecting to the removal of six or more large Eucalyptus trees on the border of the property directly west of their house, at 191 S. Belleza Lane in Anaheim. Bill Harris: This property is just east their project. There is a large drainage swell between the home and fheir properry. Chairman Bristol: He thought they were all staying. Asked if he wa~ going to keep all the Eucalyptus trees on that side, Bill Harris: Except for 6 of them, they are building a slope in that area and they had to key into a"toe" at that location. Commissioner Boydstun: Asked if they are leavinc~ most of the trees that side? Bill Harris: Almost all of the Eucalyptus trees are staying in that natural drainage cou~se. There are only 6 of them that were removed. Commissi~ner Boydstun: In reading the letter, it appears they thought all the trees were going to be removed. THE PUBLIC HEARING WAS CLOSED. 08-03-98 Page 39 - ;,,_ , Commissioner Boydstun: Asked if they could install larger Oak trees and go to 24-inch boxed? ~ Bill Hams: Agreed. OPPOSITION: 2 letters were received in opposition/no one was present to speak. ACTION: Approved Negativs Declaration Approved Specimen Tree Removal Permit No. ?8-3 with the following added condition: That the five (5) oak trees proposed shall be 24-inch box trees. VOTE: (5-0, Commissioner Williams absent and one vacant seat) Selma Mann, Assistant City Attorney, presEnted the 22-day appeal rights. DISCUSSION TIME: 4 minutes (4:18-4:22) 08-03-98 Page 40 14b. CONDITIONAL USE PERMIT NO 4045 rr~~~y Granted OWNER: Home Depot U.S.A., Inc., Attn: Joe McFarland, 601 S. Placentia Ave., Fullerton, CA 92831 AGENT: Carnival Carts, Attn: Marlene Brown, 3916 E. Miraloma Ave., Anaheim, CA 92806 LOCATION: 800 North Brookhurst Street - Home Dep,~ Property is 9.45 acres located at the northeast corner of Gramercy Avenue and Brookhurst Street. To permit a portable focd service use (hot dog cart) in conjunction with a pennitted retaii store. CONDITIONAL USE PERMIT RESOLUTION N0. PC98-120 SR7170KB.DOC ~ • • • • • Applicant's Statement: Marlene Brown, 3916 E. Miraloma, .4naheim, CA: Stated they have held Conditional Use Permit No. 3429 for 7'/: years and ask for another pennit to continue their portable food service use with Home Depot. THE PUBLIC HEARING WAS CLO~ED. OPPOSITION: None 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. Granted Conditional Use Permit No. 4045 for 5 years (to expire 8-3-2003). VOTE: (5-0, Commissioner Williams absent and one vacant seat) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 2 minutes (4,25-4:27) 08-03-98 Page 41 15a. CEQA NEGATIVE DECLARATION Approve 15b. CONDITIONAL USE PERMIT NO 4049 Grarted OWNER: Knollwood Partnership, Attn: Arnold Familian, 12150 Summit Place, Beverly Hills, CA 90210 AGENT: Paul Kott Realtors, Inc., Attn: Paul Kott, 1225 W. Lincoln Ave., Anaheim, CA 92805 LOCATION: 1163 and 1165 Knoilwood Circie Property is 1.69 acres located on the west side of Knollwood Circle, 450 feet north of the centerline of Wood~and Drive. To permit towing and impound services including indoor and outdoor vehicle storage. CONDITIOiVAL USE PERMIT RESOLUTION N0. PC98-121 SR1064JK.DOC • e • • • • ApplicanYs Statement: Paul Kott, 1225 W. Lincoln Ave., Anaheim, CA: Stated Mr. Yung Kim, !he applicant, is the propitiator of Brookhurst Motors, otherwise known as Brookhurst Towing. For many years they were located at 806 N. Brookhurst. Mr. Kim was a tenant at that property and he was involved and impacted by the City of Anaheim with the assemblage of the property in an effort to construct the new Home Depot. They have been searching for an appropriate and acceptable replacement location for Mr. Kim for approximately 2 years. They think they found one that might work. It is industrially zoned, there is no resi;:antial development nearby and it is surrounded by other industrial properties, In fact, vacant land in the City of Buena Park that has an Edisr~n Easement overhead and no likely development. They had the following questions and clarifications regarding the staff report: • It is unique because the properry consists of two industrial buildings and they are both currently leased. One of the buildings is going to be vacated within 6 months of the close of escrow. Some of the time frames do not make sense relative to the time frames that they need to have relative to their rights and what the existing tenant rights are. • Condition No. 6- That within 90 days of the resolution that an 8 foot high masonry block wall fence be constructed on the property with 2 feet on each side with landscape planter. They have no problem in constructing the fence, that is not an issue. The applicant has agreed to an 8 foot high masonry block wall fence but he can not do so unless the existing tenant aliows him to do. Within 90 days he has 6 months to move out of the property. If he does not 6nd a replacement property tvith 6 months then he will be out. But if he does not find one ttiey can't go on the property and start constructing a fence and moving his fence. Therefore, they would like to make that 210 days. • They are being requested to install a pianter on each side of the wall. They are hoping to have that modified to the exterior of the wall, to plant, irrigate and grow vines. • Condition No. 13. The applicant has 10 employees, 4 of which are drivers and he has no more than 9 people that come and actually park vehicles on the property. Condition No. 13 states, that ~o outdoor storage of display or work on vehicles, or vehicular parts whatsoever shall be permitted except for the 08-03-98 Page 42 outdoor storage of a totai of 5 impounded vehicles and/or tow trucks at one location and 3 at the other building. One property has 25 parking spaces and the other has 23. They do not know why they need to have 30 parking spaces available for customers when the most that ever come is 9. Perhaps they could do a minimum parking waiver and if this is not the appropriate time to do that, they could come back at a different time and discuss that. Condition No. 17 - indicates that it will be conditicned upon no sales or parts of vehicles repair work or dismantling. They currently repair, change oii and maintain their own tow trucks on site. A service comes and takes away the changed oil. This is no different from what they were allowed to do at their previous location and what they currently do at their interim location. They have a total of 5 trucks. They would like this condition to be modified to delete the last portion of the sentence which states "including repair and service of the tow trucks." Condition No. 21 - the subject use permit shall expire within 5 years of the date of resolution. They would request this CUP be allowed in perpetuity. For years he was the occupant of the property at 806 N. Brookhurst and was there with a CUP that was there in perpetuity. They would like to replenish what was taken away from ;his individual by the assemblage. He was there without any record of any problem, no calls, no adversities. They ask that what was taken away from him by this assemblage be replenished. Condition No. 24 - that indicata that conditions 6, 14, 15, of the above , shall be completed within a period of 90 days. They would like it within 210 days in the event l~iat the tenant does not move out and takes his maximum time period. Commissioner Peraza: Asked if the other conditional use permit have a time limit7 Paul Kott: No, it was there in perpetuiry and was without incident or problems. He was forced out of his property and it has taken two years to find him a replacement property. Commissioner Boydstun: Stated the applicant is buying this property and will be the owner. Paul Kott: The property is currently absentee owned by a company in Beverly Hills. The landscaping has not been kept up. The applicant is going to be a owner occupant. He will have a~2,000,000 investment in this property. THE PUBLIC HEARING WAS CLOSED Cheryl Flores, Senior Planner: To clarify the timing that Mr. Kott mentioned. That would be to eliminate the 90 day requirement from Condition Nos. 6 and 15. On Conditior No. 22 to have it read, "That for the property at 1165 North Knollwood Circle, prior to commencement of the activity authorized by this resolution, or prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 3, 4, 5, 7, 8, and 9, above mentioned, shall be complied with. That for the property at 1163 North Knollwood Circle said conditions shall be complied with within a period of two (2) years from the date of this resolution. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code." On Condition No. 23, if it reads, "That prior to final inspection or prior to commencement of the activity authorized by this resolution, which ever occurs frst, Condition Nos. 2, 6, 12, 15, 20 and 25 shall be complied with". That also takes out that narrower length of time to comply. With Condition No. 24, that Condition No. 14 remain. That would be the 90 days to clean the debris and dilapidated fence repair. However, they should discuss this further with Mr. Kott to see if that is possihle, being that they may not have control over both properties to be able to do that. Paul Kott: He did not feel there was a problem with Condition No. 14. On Condition No. 15, he is going to want to repaint with his own colors. 08-03-98 Page 43 Cheryl Fiores: Recommending deleting strike 15 and 6 ftom Condition No. 24 and they wil! actually go in with prior to the commencement of the activity Condition No. 23. Paul Kott: That would only leave Condition Nos. 14 and 24. Cheryl Flores: Yes. There was a question about Condition No. 13 with regard to the limitation on the . number of spaces for impounded vehicles and tow trucks. That condition was designed to clarify how many spaces could be utilized for outdoor impounded vehicles and tow trucks. This would leave 20 available spaces for customers and employees at 1165 and 19 available spaces for customers and employees at 1163 N. Knollwood Circle. Paul Kott: Asked if that would be a total of 39 spaces7 Cheryl Fiores: Paragraph 6 indicates 22 spaces at 1163 and 25 spaces at 1165. That is after taking out the impound spaces that are shown in Condition No. 13. The spaces that are left over are code required spaces and need to be left for customer and employee parking on each property. Commissioner Boydstun: She sought if the applicant only has 9 employees, and with this type of business, he needs more than the 5 and 3. Selma Mann: There is no parking waiver that has been advertised for this, so that does not leave flexibility for changing the number, but the applicant is free to separately process a parking waiver and obtain the approval. Commissioner Boydstun: Asked why the applicant needs that many parking spaces if there are only 9 employees? Selma Mann: This is going by the requirements of the code for the size of building. It may be that there are very legitimate reasons for approving a waiver for this, but unfortunately it was not adve~tised in conjunction with this request. Paul Kott: They are wiiling to return at a future time to request a waiver. They're going to have 30 open parking spaces at all times and feel that we're not utilizing the property to iYs full extent. Commissioner Boydstun: Asked if they are going to use the building for storage? Paul Kott: Yes. Commissiuner Boydstun: So they will have room to store impounded cars in there? Paui Kott: They will have some interior storage, but if they have 40 outdoor spaces. They have 10 total smployees, 4 of which are driving trucks and the rest of them are just one or two customers at a time. Commissioner Boydstun With the indoor space they will have room until they can return for a waiver, so it will not hinder the business. Paul Kott: That is true and they can actually be processing that while the property is still under the lease agreement. Cheryl Flores: Condition No. 6, staff is asking for a 2 foot wide landscaped planter on each side of the wall and that was meant to be where ever the wall would be visible from the streets, including the private streets. If that could be narrowed down to locations where it would be required from the private street. Commissioner Bostwick: Asked if the applicant was going to be pulling engines out of trucks and rebuild them there on site? 08-03-98 Page 44 Paul Kott: Responded no. Commissioner Peraza: Asked if a company comes in and changes the oil? Paul Kott: The applicant changes the oil but a service comes in and takes the oil away. Commissioner Peraza: Asked if they do this inside the building? Paul Kott: Inside the building. Asked if they would like it inside the building? Commissioners responded yes. Paul Kott: Regarding Cheryl's comment on visibility. Anything from the street is going to be screened. They don't want anybody seeing anything on the inside of the fence from the outside. There is no need to put planters on the inside because no one will see it. Commissioner Boydstun: As long as they're not visible from the street, they don't need them. Commissioner Bristol: Stated thaf they're going to be screening anyway on the in;erior. ~ Cheryl Flores: Advised that they would be agreeable to modifying that to delete the ~nterior 2-foot wide landscaped planter, but staff would like to retain the one adjacent to the motel and restaurant. Commissioner Boydstun: On the outside, which is no problem. Paui Kott: It should be noted that that motel has no windows to the side of the proposed facility. Commissioner Boydstun: Is there a reason that they need the time with the restrictions7 He is in an area that he is zoned for, he did have the time before and he was forced to move.. Cheryl Flores: Advised they took all those things into consideration and are reasonably sure that this will be a good business owner for this location. We thought that the 5 year time limit would give a chance to look at it again in 5 years. It is an intense use and staff wanted to make sure that things are going well for the industrial complex. Commissinner Peraza: Asked Mr. Kott how much time he had on his lease that he was taken away from? Paul Kott: There were 9 years left on his lease. Commissioner Boydstun: Asked if they could we make it 10 years? And then the applicant can come in and get rid of it completely. Paul Kott: Reiterated that this is not a new business, but someone relocating, not by their own choice. He had a great location, better than this and would have stayed in the other location. He was forced to move and wants you to give him back what was taken away. OPPOSITiON: None ACTION: Approved Negative Declaration Granted Conditional Use Permit No. 4049 with the following changes to conditions: 08-03-98 Page 45 Deleted Condition No. 21 Modified Condition Nos. 6,13, 15, 17, 22, 23 and 24 to read as foliows: That an eight (8) foot high masonry block wall shall be constructed and maintained adjacent to the south properly line; provided, however, that the City Traffic and Transportation PAanager shall have the authority to reduce the height of the wall to protect visuai lines of sight where pedestrian and/or vehicular circulation intersect. Clinging vines and minimum 5-gallon size shrubs to eliminate graffiti opportunities shall be planted in a minimum two (2) foot wide landscape planter on the outside of the wall where visible to any private or public street, on maximum 5-foot centers, irrigated and maintained, adjacent to said wall. A maintenance access gate that is screened to the satisfaction of the Zoning Division of the Planning Department may be provided. 13. That no outdoor storage of, display of, or work on vehicles or vehicular parts whatsoever shall be permitted except for the outdoor storage only of a totai of five (5) impourded vehicles and/or tow trucks at 1165 North Knollwood Circle and a total Qf three (3) impounded vehicles and/or tow trucks at 1163 No~th Knollwood Circle in the locations indicated on Exhibit No. 1. 15. That the building exteriors shall be re-painted. 17. That there shall be no sales of parts or vehicles, auto repair, maintenance or auto dismantling permitted except for minor indoor incidental servicing such as oil changes of tow trucks. 22. That for the property at 1165 North Knollwood Circle, prior to commencement of the activity authorized by this resolution, or prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 3, 4, 5, 7, 8, and 9, above mentioned, shall be complied with. That for the property at 1163 North Knollwood Circle said conditions shall be complied with within a period of two (2) years from ihe date of this resolution. Extensions for further time to complete said ~ ~nditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 23. That prior to finai inspection or prior to tP~e commencement of the activity authorized by this resolution, whichever occurs first, Condition Nos. 2, 6, 12, 15, 20 and 25, abo~~e mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 24. That Co~dition No. 14, above-mentioned, shall be completed within a pe; iod of ninety (90) days from the date of this resolution. VOTE: (5-0, Commissioner Williams absent and one vacant seat) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. L1ISCUSSION TIME: 21 minutes (4:28-4:49) 08-03-98 Page 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . MEETING ADJOURNED AT 4:50 P.M. TO MONDAY, AUGUST 17,1998 AT 11;00~ A.M. F~R PRELIMINARY PLAN REVIEW. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Submitted by: ~ ..~s~ ~~ ' Ossie Edmundson Senior Secretary 08-03-98 Page 47