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Minutes-PC 1999/02/17SU~INl~RY ACTiON AG~(elD~ GITY OF ANAHEII`~ PLANNlN~G COMiVIISSION MEET6NG WEDNESDAY, FESRUARY 17, 1999 11:00 A.M. • STAFF UPDATE TO COMMISSION OF VARIOUS CITY DEVELOPMENTS AND ISSUES (AS REQUESTED BY PLANNING COMMISSION) • PRELIMINARY PLAN REVIEW 1:31) P.M. • PUBLIC HEARING TESTIMONY COMMISSIONERS PRESENT: BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES COMMISSIONERS ABSENT: WILLIAMS STAFF PRESENT: Selma Mann Greg Hastings Cheryl Flores Don Yourstone Alfred Yalda Msianie Adams Tom Engle Margarita Solorio Ossie Edmundson Assistant City Attorney Zoning Division Manager Senior Planner Senior Code Enforcement Officer Principal Transportation Planner Associate Civil Engineer V~ce Detail Planning Commission Secretary Senior Secretary 02-17-99 Page 1 _ . :- ITEMS OF PUBLIC INTEREST: I None REPORTS AND RECOMMENDATIONS A. ~CEQA CATEGORICAL EXEMPTION 95061(b)(31 Approved CODE AMENDMENT NO. 99-02: City-initiated (Planning Department), 200 Recommended S. Anaheim Blvd., Anaheim Bivd., Anaheim, CA 92805, request for adoption of the consideration of a Code Amendment related to requirements for fences, draft ordinance to walis, hedges and berms. City Council ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Napoles and N10TIOP: CARRIED (Commissioner Williams absent), 4hat the Anaheim City Planning Commission does hereby concur with staff that the proposed project falis within the definition of Categorical Exemptions, Class 15061 (b) (3), as defined in the State EIR Guidelines and is, therefore, categorically exempt from the requirements to prepare an EIR. Commissioner Bostwick offered a motian, seconded by Commissioner Napoles and MOTION CARRIED (Commissioner Williams absent), tliat the Anaheim City Planning Commission does hereby recommend to the City Council the adoption of the draft ordinance attached to the staff report dated February 17, 1999 amending various Chapters of Title 18 of the /~naheim Municipal Code relating to the requirements for fences, walls, hedges anci berms as required for site screening and protection. R7386KR.DOC Greg Hastings, Zoning Dir•ision Manager: Stated that this request is a code amendment that brirgs together about five requests that have beer made by the Planning Commission, incluoing some that were incorporated into the Community Planning Program. Paragraph 4 of the staff report gives an outline of the major c~ ianges that are being made to the proposed code amendment pertaining to requirements for fences, walls, hedges and berms throughout the City. On page 3 thers is a matrix showing the minimums and maximums for fencing throughout the City. 02-17-99 Page 2 B. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVE,D~ Approved VARIANCE NO. 43d5 - REQUEST FOR REVIEW AND APPROVAL OF Approved final FINAL PLANS: Greystone Homes, Attn: Robert Berry, 26 Exer,utive Park, pians with changes Suite 100, Irvine, CA 92614, request review and approval of final building discussed at the elevation, signage, landscaping and street enhancement plans. Property is meeting iocated at 3038 West Orange Avenue. ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Boydstun and MOTION CARRIED (Commissioner VVilliams absent), that the Anaheim City Planning Commission does hereby determine that the previously- approved negative declaration ;s adequate to serve as the required environmental documentation for subject request. Commissioner Bostwick offered a motion, seconded by Commissioner Koos and MOTION CARRIED (Commissioner Williams absent), that the Anaheim City Planning Commission does hereby approve the final building elevation, fencing, signage, landscaping, and street enhancement plans in conjunction with a previously-approved 71-unit, 2-story single family residential development on the basis the final plans demonstrate compliance with the corresponding conditions of approval in conjunction with this permit based on the following: (i) That approval shall be obtained from the Community Services Department pertaining to the size, number, and rype of trees planted within the public right-of-way adjacent to Orange Avenue and Halliday Street. Said information shall be indicated on landscape plans submitted for building permits. (ii) That landscape plans submitted for building permits shall indicate 24-ir,ch bo;~ sized trees for all trees along the north 15-foot setback area (adjacent to Orange Avenue) and south (adjacent to single family homes) property lines. (iii) That any future residential tract signage shall be reviewed and approved by the Zoning Division. (iv) That a 6-foot high, split-face block wall shall be constructed along the north, south and east property lines in lieu of the smooth stucco finish wall shown on the plans. (v) That vines and shrubs shall be planted ad;acent to the non-gated wood fence returns between the houses facing Halliday Street to screen the vdood fences which may eventually become discolored or stained. SR6930DS.DOC ApplicanPs Statement: Robert Berry, Greystone Homes, 26 Exfcutive Park, Suite 100, Irvine, CA 92614: Reyarding Item 13, page 3 of the staff report, staff recommends 24-inch box trees throughout the project. Since the Parks Division has reviewed and approved 15-gallon trees for parkway, they request that the sizing of the trees be as shown on those p~ans as approved. They would agree with the staff report that they plant 24-inch boxed trees on the south side but throughout tha rest of the project as shown on the plans that 15-gallon trees be planted. 02-17-99 Page 3 Jerry Crum, Parks Division, did review the plans and requested that they change the species of trees on Halliday to "fern" oine from Brisbain Box and they have made the change to the plan and wiil resubmit them based on the outcome of today's hearing. Item 8 on page 2 of the staff report. He requested that the material be changed to a split face block wali in lieu of the stucco wall shown on the plans, in order to be consistent with walis in other new developments, specifically the Olson Peppertree Project. Cheryl Flores: She agreed with the 24-inch box:~d trees on the south side based on the fact that the Parks Division has approved the 15-gallon in the public-right-of-way. Staff would like to ask for 24-inch boxed trees on site facing Orange. Robert Berry: Agreed. Greg Hastings: Regarding the issue of the split-face block wall, as long as the wall will have vines on it, then it would be ac~eptable. Robert Berry: he confirmed that it will. He asked if Ms. Flores was referring to the landscape setback area facing Orange for the 24-inch box trees? Cheryl Flores: Yes. Another concern of staff is where the wood fence returns between the houses facing Halliday, they wouid like to request that the developer plant vines or shrubs adjacent to those non-gated wood fence returns so that when the wood becomes discolored or stained that it would be screened by the landscaping. Robert Berry: Agreed. 02-17-99 Page 4 C. CEQA ENVIRONMENTAL IMPACT REPORT NO. 300 (PREV: CERTIFIED~ Approved ~ONDITIONAL USE PERMIT NO. 4030 - REQUEST REVIEW AND Approved final APPROVAL OF FINAL PLANS: American Housing Partners, Attn: Robert plans with changes Zamora, 19700 Fairchild, #170, Irvine, CA 92612, request for review and discussed at the approval of finai plans for a previously-approved 259-unit senior citizens' meeting apartment complex. Property is located at 135-185 South Festival Drive. ACTION: Commissioner Boydstun offered a motion, seconded by Commissioner Napoles and MOTION CARRIED (Commissioner Williams absent), that the Anaheim City Planning Commission does hereby determine that the previously- certified EIR No. 300 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), that the Anaheim City Planning Commission does hereby approve the final plans for the previously- approved 259-unit, three-story senior apartment complex within the Anaheim Hills Festival, Development Area 4 per Conditional Use Permit No. 4030 with the following modifications: 1. That a wood frame screen with a stucco finish shall be used as the screening device for the ground-mounted air conditioning units in place of the proposed wood lattice screens. 2. That 24-inch box Rusty Leaf Fig trees shall be planted on 40-foot centers adjacent to the driveways within the senior citizens' apartment complex (instead of the originally proposed 50-foot centers). 3. That two cross walks shall be provided to provide access to the Festival Cenier subject to the approval of the City Traffic and Transportation Manager. 4. That w~od posts or steel posts encased in wood framing shall be utilized to support the carport roofs. SR7401 KB.DOC ApplicanPs Statement: Jeff Farano, 2300 E~^t Katella Ave, Suite 235, Anaheim, CA: He is representing the developer, Victoria Woods. On the wall exhibit ~s a color rendering zvailable to show what the complex will look like. They are in agreement with all of the recommendations in the staff report except recommendation 17(a)2 regarding the trees. They are 24-inch box Rusty Leaf Fig trees which were originally planned for 50-foot centers and staff has asked that they be placed on 20-foot centers. The architect has consulted with the landscape architect to decide whether it can be done. The problem with this type of tree is that ;here is typically a 25-foot crown as well as a very shallow root system. If they are planted on anything less than 35-foot centers, then they will be struggling for water which causes the trees to basically die. Therefore, they would like to continue to plaiit as planned on 50-foot centers. Commissioner Kcos: There is a part of ihe property that is in closer proximity to the recreation area yet it is difficult to see I~ow people would get there. There ~ppears to be an elevation change there but he is concerned with the internal pedestrian circulation since it does not appear to be very pedestrian-friendly. Seroio Alvarez, President of American Housing: Respo~ded !he project has lwo recre~ tional centers which are almost identical. It was originally thought that since there is a 25 to 30 slope separation 02-17-99 Page 5 between the lwo, people on the upper pad would more likely use the upper pad recreational center whfch is larger. Then there is a ramp system to the lower level. Whether the ramp goes from left to right or right to left, it does not matter as long as it follows the contours of the slope, U~en they can accommodate it, It is facing the way that it is to allow easy mobility from one recreation center to the other in the event that people congregafe at the recreation centers. Commissioner Koos: What kind of activity would create a situation where someone would want to go between the two recreation centers? Sergio Alvarez: Usually none because they are identical to each other but it is simply to'provide the ability to go back and forth. It also provides accessibility down to the crosswalk to cross the street on Festival and go into the Festival Center. Commissioner Koos: it seems that the crosswalk is directly behind the theater as opposed to on either side. It would create a situatien where the residents would have to walk around the theater either way to get to the variety of shopping options they have. Perhaps they could have pedestriar crossways at each end as a compromise and asked Mr. Alvarez to comment on this. Sergio Alvarez: Regarding the ~ocation of the actual crosswalk, they are willing to work with Traffic Engineering Division as to where to locate it. They proposed it this way simply for conveni•;nce purposes. Cornmissioner Koos: Is there a reason for having only one pedestrian way in and out of the entire site as proposed? Sergio Alvarez: It would be possible to add a second one at that location. Commissioner Boydstun: Theirplans indicated 2 bedroom and 1 bath and asked if they should also offer 2 baths? Sergio Alvarez: Originally they started with some 2 bedrooms and 2 baths but the final rer,omme~~dation of the market analysis was to go to 2 bedrooms and 1 bath due to some income limitations of some of the seniors. They have a limited n~~mber of 2 bedroom units because the greatest demand has been for 1 bedroom units. Commissioner Boydstun: She found there was a waiting list if you want a 2 bedroom with 2 baths because they were all taken and in such demand. They offered this at several complexes that she visited Sergio Alvarez: From their experience in operating these projects for over 25 years, they have never done a 2 bedroom and 2 bath because a majority or about 85% of their clients are single or widowed women who prefer a 9 bedroom and 1 bath. Chairman Bristol: Asked if they are going to encase the steef columns holding the car ports up with wood7 Serc~io Alvarez: They can do that. They usually sandwich them on two sides with wood. Commissioner Boydstun: She thought they were boxed. Sergio Alvarez: They can certainly box them all the way around so the poles will be out of sight completely. Commissioner Bostwick: He felt they would look better Sergio Alvarez: They can use either solid treated lumber or metal. Commissioner Boydstun: Asked if the trees could be spaced at 40 feet? Cheryl Flores, Senior Planner: thirty-five or forty feet would be fine. 02-17-99 Page 6 Sergio Alvarez: They are agreeable to this and according to their landscape architect, they should be spaced greater than 35, so 40 feet is a good compromise. Cheryl Flores, Senior Planner: The plans indicate a wood lattice screen wall on three sides of the units. They are three units with one wail araund all three on three sides. It would be open at t~e top. Rather than wood lattice, staff would like to see a woud frame on the three sides with stucco ar.d it would not need a covering on top because there is no line of sight visibility to the air conditioning units from any of the senior apartment units. Sergio Alvarez: They are 2greeable to screening them on three sides and the top open. 02-17-99 Page 7 D. CONDITtONAL USE PERMIT NOS. 2840. 293T AND 2960 - REQUEST Terminated FOR TERMINA710N: Kee Whan Ha and Kyung Hee Ha, 3240 Wilshire Bivd., Suite 570, Los Angeles, CA 90010, request termination of (Vote: 6-0, Conditional Use Permit Nos. 2840 (tc permit an automotive repair school), ~AommissionAr iMlliams 2937 (to permit the sales and repair of motor scooters) and 2960 (to ret2fi absnnij an automotive sales and detailing facility). Property is located at 831-837 East Orangethorpe Avenue and 1709-1713 North.Orangethorpe Park. TERMINATION RESOLUTION N0. PC99=25 ~ SR7395DB.DOC This item was not discussed. 02-17-99 Page 8 E. VARIANCE N0. 3597 - REQUEST FOR TERMINATION City-initiated Terminated (Community Development), 201 S. Anaheim, CA 92805, request for termination of Variance No. 3597 (waivers of maximum structural height, (Vote: 6-0, maximum site coverage, minimum recreation-leisure area, minimum area of Commissioner private recreation-leisure areas and minimum width of pedestrian ~lliams absent) accessways). Property is located at 202 South Olive Street. TERMINATION RESOLUTION N0. PC99-26 SR7396DB.DOC This item was not discussed. F. REQU~ST FOR DETERMINATION OF SUBSTANTIAL Determined to be CUNFORMANCE WITH THE ANAHEIM GENERAL PLAN: Paul in substantial Douglas, Jr., Senior Reai Property Agent, County of Orange, Soc~al conformance with Services Agency, 888 N. Main Street, Santa Ana, Ca 92701-3518, fhe Anaheim requests determination of conformance with the Anaheim General Plan General Plan to enter into rent-free license agreements for classroom space. Property is located at 3320 East La Palma Avenue. ACTION: Commissioner Boyd~tun offered a motion, sec~nded by Commissioner Napoles and MOTiON CARRIED (Commissioner Williams absent), that the Anaheim City Planning Commission does hereby determine ihat the County's proposal to enter into rent•free license agreements for classroom space at 3320 East La Palma Avenue is in conformance with thc Anaheim General Plan. SR0010KT.DOC This item was ~iot discussed. Q2-17-99 Page 9 PUBLIC HEARING ITEMS: 2a. CEQA NEGATIVE DECLARATION (RREVIOIlSLY-APPROVED) Denied 2b. COPlDITIONAL USE PERMIT N0. 3843 (READVERTISED) Denied OWNER: Shakour Cyrus, Yahya Cyrus, Lawrence Cyrus, 2600 W. Lincoln Ave., Anaheim, CA 92801 LOCATION: 2600 West ~.incoln Avenue - Wheel Service Texaco. Property is 029 acre located at the southwes~ corner of Lincoln Avenue and Magnolia Avenue. To permit two separate businesses for one existing automobile sales and repair facility. Continued from the Commission meeting of November 23,1998. CONDITIONAL USE PERMIT RESOLUTIAN N0. PC99•27 SR6931 • • • • • • ApplicanYs Statement: Yahya Cyrus, 2600 W. Lincoin Ave., Anaheim, CA: They zpplied for Mr. Lee to obtain a second business license for a smog check business. Concerning Item 9 of the staff report, he does nol feel that the license will create a significant adverse environmental impact. Actually having a smog check business is going to have a aositive environmental impact in the area since he will be testing the cars to make sure that they are operating properly. Regarding the number of violatio~s noted in the staff report on page 2, he disagrees with this. He wondered why they require a double sized trash enclosure requiring for them to spend more money. Regarding ou;door storage of the vehicles, inoperable vehicle storage on the property, they are actually in operating condition, and they either belong to the customer or are :iie vehicles being sold. At night the vehicles are kept inside the building. Regarding the fence repair, building refurbishmer.t and the debris accumulation, due to the construction there will be accumulation of debris. There was no fence r2pair and they were actually building a doar for the trash enclosure. . Ne feels that they have complied with the conditions of approval such as removing the 55-foot Texaco sign, removing all the canopies, and providing 10 feet of landscaping. He feels they are entitled to be granted this request since they have complied with all that has been required. THE PUBLIC HEARING WAS CLOSED. Don Yourstone, Senior Code Eniorcement Officer: On January 30, 1999, he inspected the property and found that they had a banner being displayed inside the bay area which was contrary to their conditional use perrnit, there was excessive window signage, smog check signs were put on the east and north side of the building which did not have sign permit approvals, and there was outside storage of vehicles and parts a(ong the west and north side of the property. He gave Mr. Cyrus a notice of violation to corrECt those violations. 02-17-99 Page 10 He visite~ the site again ye:;terday to do a compliance inspecti~n and Mr. Lee accompanied him on the property. He found that th~~ banner had been removed and there were still some smog signs up. Some of the window signage had been reduced. There were vehicles stored on the property, one being a Volkswagen which was not operable. There was another Olsmobile vehicle that Mr. Lee indicated that they were doing some body work. In the back of the building they had a tow truck. Mr. Lee informed him that the truck was inoperable because of the alternator and the truck would not start. There was also some storage of parts and oil drums to the rear of the building. On the west side next to the dumpster there was some discarded oil cans. (Ne took photos of the sife.] Chairman Bristol: Asked if the applicant is still paying for monthly code inspections7 Don Yourstone: Confirmed that the applicant is paying for the inspections. The inspections have been taking place for four to five months and there were also inspections done prior to that on the applicanYs first conditional use permit. Chairman Bristol: The conditions in his conditional use permit prohibited vehicles from being displayed and/cr sold until the required landscaping is installed and all other required improvements are completed. Asked if the conditions h~ve ever been complied with? Don Yourstone: ln his opinion, all the conditions have not been met yet. Therefore, displaying cars for sale would be against his permit and intensifying the site with another use might add to some of the problems. Commissioner Koos: He was at the site this morning and noticed that there were two employees working on a car outside of the bays which is against the CUP. ~t is a bold move on the date of the hearing to violate their permit. Mr. Cyrus: The repair was probably only for a tire repair. They absolutely do nut do any major repairs outside except for emergency tire remova! and replacement because any major auto repair would require a hydraulic lifter and it has to be inside the bay. Commissioner Bostwick: 1-!e visited the site a few weeks ago and he obse~ved a Volkswagen bus jacked up having a brake job done ouiside and the storage yard was full of cars that were heavily dirty and dusty which indicated that they had not been moved for a long time. Chairman Bristol: Commission has had discussion in the past about the code violations and size of the site fo; the uses. Mr. Cyrus has made some progress at the site but he feels that the site is too small. The applicant sho~ld seriously consider the fact that his conditional use permit expires in June and he is s'.ill violating the code. Mr. Cyrus: What would be the difference if the request is denied and they hire a smog technician do handle the smog checks in his repair facility? Would it have a major impact on the environment? Chairman Bristol: There are certain rules such as a vehicle can not be worked on outside of the bay. The site is simply too small. Commissioner Esping: A concern is the fact that the applicant has come before the Commission in the past and they have made suggestions to him but they have not been dealt with in order to come into compliance with the recommendations of the Commission. That is a concern because the applicant is asking to add another use but he has not, in turn, gone back and remedied the problems. Mr. Cyrus: For the past two morths they have been trying to fix the trash enclosure and that is why things got tangled up over there. The dirt and debris coming out of the foundation ar~d the footing there took a lot of room and that is why they ended up putting some of the cars outside. Commissioner Esping: It is more than just that specific item in the last two months. 02-17-99 Page 11 Commissioner BosfiNick: Commission has asked Nir. Cyrus to put the vehicles Inside the buildi~g and he does not do that. He continues to do the repairs outside of the building and to ask the Commission to approve another busir~ess that is going to have more automobiles and more intensity to this s(te, he could not vote for that. He needs to make a decision on this site before Junt, as Chairman Bristol indicated. The pre~~nt CUP un this site expires in June so his continued violations and non compliance to the conditions of approval will not be look at favor~biy in June. Mr. Cyrus: Things have been improving and the trash enclosure construction put them in a s~tuation where the site became oui of control but overall the image of the busines~ looks better now. He feels his business looks 90% better than most businesses in th4 area. Commissioner Esping: At this time they are discussing his applicant before Commission and not the other businesses. Following the voting: Chairman Bristol: What Commissioner Bostwick stated is true, Mr. Cyrus is going to be before Commission in a few months and urged him to clean the site and comply with the conditions of appruval. Mr. Cyrus: They have always heen told tiot to park the vehicles outside the premises and he ,s not clear on this and asked for an explanation. Chairman Brisiol: There are not inoperable vehicles that are supposed to be stored on this property, according to the conditional use permit. If he still does not understand the CUP then he should speak with staff to explain it to him. Mr. Cyrus: What about the operable vehicles? ' Commissioner Boydstun: They should be behind the fence or inside. if the inoperable vehicles were g~ne then he would have room to store them. OPPOSITION: None ACTION: Determined that the previously-approved negative declaration is not adequate to serve as the required environmental documentation for subject request. Denied request to permit two separ~te businesses for one existing automobile sales and repair facility based on the following: 1. That testimony received ~t the November 23,1998 hearing indicated that numerous violations were observed that remain unresolved and constitute visual blight in an area where Community Planning and the Community Development Department efforts strive to restore quality commercial and residential neighborhoods to West F,naheim. 2. That permitting two separate businesses at this location would fuRher intensiF,+ the use of this property which is currentiy not in compliance with current conditions of approval. 3. That the condition of the property, failure to comply with conditions of approvai, and ongoing Code violations constitutie this use as being exercised in a manner which is detrimental to the public peace, health, safety and general welfare. 4. That the Community Development Department indicates this existing auto repair operation and the manner in whicin this permit is currently being exercised is ~ot consistent with the goals of the West Anaheim Commercial Corridors Redevelopment Plan. 02-17-99 Page 12 VOTE: 6-0 (Commissioner Williams absent) Selma Mann, Assistant City Attomey, presented the 22-day appeal rights. DISCUSSION TIME: 20 minutes (2:07-2:27) 02-17-99 Page 13 3a. CEQA NEGATIVE DECLARATION Contin 3b. WAIVER OF CODE REQUIREMENT 3-1-99 3c. CONDITIONAL USE PERMIT N0. 4075 OWNER: Raymond Runo Trust, Norma Hillman, Dan Neyenhuis, Lillian Runo, 1120 Kenwood Place, Fullerton, CA 92831 AGENT: David Jackson,100 S. Anaheim Blvd., #125, Anaheim, CA 92805 LOCATION: 1575 Wllest Mable Street - Fairmont Private Schools. Property is 0.89 acre located on the north side of Mable Street, 27d feet east af the centerline of Loara Street. To permit the conversion of an existing 14,775 square foot industrial building into a private elementary and junior high school addition to the existing Fairmont Private School with waiver of minimum number of parking spaces. Continued from the Commission meetings of November 23, December 7, December 21,1998 and January 4,1999. CONDITIONAL USE PERMIT RESOLUTION N0. SR1096JK.DOC FOLLOWING IS ASUMMARY OF THE PLANNING COMMIS510N ACTION, Chairman Bristol: Stated, for the record, a letter was received from Gerald Knudson, Jr. dated February 16, 1999, concerned about the requested continuance. Opposition: John Maresca, 1933 E. Paim Ave., Orange, CA: He represents Bryan Industrial Properlies and the !etter Commission received is from Gerald Knudson who is legal counsel for Bryan Industrial Properties. His purpose is to confirm the letter was received and make it a part of the record, whicti Chairman Bristol just noted. If there is no action relative to denying the CUP that would be taken today, then they would request a further continuance, through March 15th, so there would be enough time for parties to review the parking and traffic study that the petitioner is currently coordinating. THE ?UBLIC HEARING V~JAS CLOSED. Chairman Bristol: Asked staff if the parking and traffic study has been completed? Cheryl Flores, Senior Planner: The study has been completed and turned in. It is ready for evaluatio~~ for the staff report and indicated that Gerald Knudson had received a copy of the parking and traffic study. OPPOSITION: 1 person spoke in opposition/correspondence was received. ACTION: Continued subject request to the March 1, 1999 Planning Commission meeting in order for the applicant to complete traffic and parking studies. VOTE: 6-0 (Commissioner Williams absent) DISCUSSION TIME: 2 minutes (9:37-1:39) 02-17-99 Page 14 4b. CONDITIONAL USE PERMIT N0. 3726 (READVERTISED) ~ Approved, as readvertised OWNER: Vineyard Ministries International, 5300 E. La Palma Avenue. Anaheim, CA 92807 AGENT: Fairmont Schools Inc., Attn: David Jackson, 1557 W. Mable Street, Anaheim, CA 92802 LOCATION: 5310 East La Palma Avenue - Fairmont Private Schoois. Property is 23.08 acres located on the south side of La Palma Avenue, 2,370 feet west of the centerline of imperial Highway. To permit the conversion of an exis;ing warehouse and office into 9 classrooms for the expansion of an existing private school and to amend or delete conditions of approval pertaining to the maximum number of students. Continued from the Commission meeting of February 1, 1999. CONDITIONAL USE PERMIT RESOLUTION N0. PC99-28 SR1095JK.DOC • ~ • _ _~~ ~ •~iii •. _ s. Applicant's Statement: David Jackson, from Fairmont Private Schools, 100 S. Anaheim Boulevard, Anaheim, CA: He is present regarding their campus at 5310 East La Palma Avenue. They have made a few changes from what they had first asked for. They are asking to convert approximately 5,695 square feet of existing space adjacent to their current facilities into 7 classrooms instead of 9 classrooms and a library. They have withdrawn the request to raise their maximum student count and leave it at 650 which means there will be no increase in the number of students. 7his campus has proven to be one of their more successful campuses being in an area where their families and parents are very pleased with the location and it s very convenient for them. They have more parking than they can possibly ever use which is rare for most schools. They have a great relationship between the Vineyard Church and Fairmont Private School in sharing tha facilities. They seem to work together extremely well. Many of the parents work in the area affording them the opportunity to drop in during the day and in some cases have lunch. The changes they are making are strictly inside the building. They are not making any changes to the outside so there is no noticeable changes and they are simply improving some of the existing area into some classrooms so they can adequately hold the number of students that they are expecting. They hope to be at that site as long as the parents, the City and the Vineyard Church work with them. Chairman Bristol: Asked Mr. Jackson if he had any questions on the recommendations to the staff report? David Jackson: T!~ere are some things in the staff report that pertains to some of the property vehicles they have no control over and they just have to work with the Vineyard Church to make any changes or corrections. He is concerned with the wording of the time limit that was put on by the City Council and it does go before the City Council, it is his understanding that he should bring it up at that time, Chairman Bristol: It was actually brought up at the morning session and it will be clarified at this public hearing. 02-17-99 Page 15 David Jackson: He was glad to hear that. It was not a comfortable tevel for him the way it was worded. He understood it was going to be reviewed in the 5 years and not that automatically they were going to revert back to the 450 students. They wiil make sure there are no problems, so they can continue with 650 students. Commissioner Napoles: Stated for the record that he had a meeting with Mr. Jackson regarding the expansion of the office. David Jackson: Wanted to know how they could move parking from this property moved down to Mable Street. Chairman Bristol: Asked if anyone else wanted to speak on behalf or against project. Seeing none, he closed public hearing. Commissioner Bostwick: Asked if Condition No. 23 on page 6 of the staff report was to be removed Cheryl Flores: Stated it depends on what Commission wants to happen with the classrooms on June 20, 2002. It could be eliminated but it should be made clear what they want to happen with those classrooms. Commissioner Bostwick: If it reverts back to the church, the church has the option to use them, and if they have a lower student body, there will be fewer kids per classroom. Commissioner Boydstun: Stated it doesn't affect the outside. Commissioner Bostwick: Stated it doesn't affect the square footage of the building or the outside or the parking. Chairman Bristol: ~tated approval to increase the classrooms shall expire concurrently wi~ti the previously approved increase i~ students on June 20, 2002. The staff wants to make sure David Jackson understands what happens in the year 2002. Commissioner Bostwick: Asked if he would have to apply for a new CUP t~ remain at the 650 students? Cheryi Flores: The condition is worded that on June 20, 2002, the schooi has to resort back to 450 students. They could continue to use the classrooms provided the area is still leased to them. If they wanted to have more than 450 studenis, it would require further Commission approval. If the Vineyard Church wants to use the classrooms, they would have to ask permission to expand their school use. Chairman Bristol asiced if Commission wanted to stop at 2002 and Commissioner Bostwick stated he didn't think it matters since it has no physical effect. Commissioner Esping: Stated he didn't understan~l i` they were operating at 650 and functioning at 650 students, why would they have to ga back to 450. Commissioner Bostwick: Advised Council did that on their resolution. Chairman Bristol: Stated Council did that so Mr. Jackson has to come back in a couple of years and reapply. Commissioner Bostwick: The condition was that the maximum number of permitted children shall resort to 450 students effective June 20, 2002. Chairman Bristol: Stated if Commission doesn't care about the increase in the classrooms and he has to come back with his plans at that time anyway, so they'll know how many classrooms they have. He asked if they really needed it. Commissioner Bostwick: Stated to take it out. 02-17-99 Page 16 Cheryl Flores: Pointed out that conditfon 16 is also shown on two prior resolutions. It requires a plan sheet for solid waste storage and collection, and a plan for recycling to be submitted to the Public Works Department. It has not been done yet, so she asked that Mr. Jackson contact the Public Works Department. David Jackson: Stated he thought (t had been taken care of and he will contact them. OPPG+SITION: None ACTION: Determined that the previously-approved negative declaration is adequate to serve as the re~uired environmental documentation for subject request. Approved Conditionai Use Permit No. 3726 as follows: Denied the request to amend or delete the condition of approval pertaining to maximum number of students on the basis that the request ~.vas withdrawn by the applicant; and, Approved the request for seven additional classrooms, a storage room and one office and the amendment to Resolution No. 97R-70 by modifying the conditions of approval and expand the physical limits of the schoof within an existing building. Modified Resolution No. 97R-70 as follows: Amended Condition No. 5 to read: "5. Thc~ subject property shall be developed substantially in accordance with plans and specificat~ons submitted to the City of Anaheim by the pekitioner and which plans are on file with the Planning Department marked Revision No. 2 of Exhibit Nos. 1 and 2 ° Added the following conditions of approval: "14, That all sewer and storm drain improvements shall be privately maintained. 02-17-99 Page 17 15. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and 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 minimum 1-gallon size ciinging vinPs planted on maximum 3-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 16. That an on-site trash truck tum-around area shall be provided per Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turrraround area shall be specifically shown on plans submitted for building permits. 17. That if a fire line is requested by the Fire Department, the water backflow equipment shall be above ground outside of the street setback area in a manner fully screened from all public streets. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback area in a manner fully screened from all public streets. Said information shall be specifically shown on p!ans and appruvad by the Water Engineering Division of the Public Utilitias Department and the Cross Connecticin Inspector. 18. That the on-site landscaping and irrigation system shall be refurbished and maintained in compliance with City standards. 19. That all existing mature landscaping shall be maintained and immediately replaced in the event that it becomes di~eased or dies. 20. That the two posts located in the landscape planter west of the easternmost driveway on La Palma Avenue shall be removed. 21. That the parking lot shall be maintained free of debris or loose gravel at all times. 22. That within sixty (60} days from the date of this resolution, condition nos.18 and 20 above mentioned, shall be complied with. 23. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos.15, 16, and 17, above-mentioned, shall be complied with. Extensions for further time to complete said conditions ~nay be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code ° VOTE: 6-0 (Commissioner Williams absen4) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION 71ME: 13 minutes (2:30-2:43) 02-17-99 Page 18 ~a, ti.et~lH IVtUAI IVC UtGLAKAI WIV I Continued to 5b. WAIVER OF CODE REQUIREMENT 3-29-99 5c. CONDITIONAL USE PERMIT N0. 4099 OWNER: Dong Hee Kang and Bu Sun Kang, 559 South Olive Street, Anaheim, CA 92805 AGENT: Mr. Jae J. Chung,10042 Lampson Avenue, Gardzn Grove, CA 92840 LOCATION: 559 South Olive Street. Parcei 1- is a rectangularly- shaped parcel of land consisting of 0.23 acre located at the northwest corner of Water Street and Olive Street, with frontages of 140 feet on the north side of Water Street and 70 feet on the west side of Olive Street. 313* East Water Street. Parcel 2- is a rectangularly- shaped parcel of land consisting of 0.12 acre with a frontage of 48 feet on the north side of Water Street, and a maximum depth of 114 feet, located 175 feet west of the centerline of Olive Street. To perrr~it a convenience/liquor store with a coin-operated laundry facility with waiver of (a) minimum setback abutting a collector street, and (b) required site screening adjacent to a residential zone boundar,~. ' Advertised as 213 East Water Street. CONDI710NAL USE PERMIT RESOLUTION N0. • e • • • • ApplicanPs Statement: Samuel Cho, 3333 Wilshire Blvd., Los Angeles, CA: Architect f~r proiect. There to answer any questions. Chairman Bristol: Asked if anybody wanted tu speak on behalf of project. Daniel Kang, 9228 Box Spring Mountain Road, Moreno Valley, CA: Spoke on behalf of father and family who have been owners and operators of the site for 10 years. They had the CUP approved 4 years ago but due to financial reasons they couldn't go through with the entire project so they are resubmitting the whole project again. He said the staff report indicated the high crime rate. He stated that in the past 8 years he is unaware of any criminal activity in the area which has affected the neighborhood. They have complied with I~quor laws. Children have used the outside phone to call ~J11 but for no reason. IPs a neighborhood store that has been there for over 70 years where most people walk to and is a store of convenience which is very personal with neighbors. Jae Chung, agent, 10042 Lampson Avenue, Garden Grove, CA: Stated this particular project was approved January 3, 1995, CUP 3730. After they resubmitted they recsived a memo from the Community Development Agency saying this was against the City of Anaheim's General Plan. He referred to the issue of trash containers. He discussed the crime rate mentioned by the Police Department and even though there is crime in the area, the crime is not generated from the store. 02-17-99 Page 19 Mr. Enrique Chavez, 601 South Emily Street on the corner of Emily and Water Street, and owns 221 East Water where his parents reside. He disagrees with the crime rate. He and neighbors have formed a Neighborhood Watch Program due to crime. Their concerns are increase in traffic due to the laundromat because the neighbors don't use laundromats (there is one on Anaheim BoulevardlWater Street) and the laundromat patrons comes from outside the neighborhood. Traffic has increased over the past year especially with Quikset around ihe corner. He mentioned a strong presence of graffiti and gang activity in the last year and a half. He mentioned two incidences when neighbors have been intimidated by gang members as they walked to and from the store. His property has been vandalized 3 times and robbed once. Residents are afraid to do home improvements because of damage that may be done to it by gangs. He feels there is no need for a store or laundromat because there are others around. He stated store owners are only there during the day and don't see the real activity after they leave. Connie Mendoza: 308 East Ellsworth Anaheim, CA: Her property is located directly across the alley from the proposed project. It is a very narrow alley and the proposal shows a sliding door at the end of the parking lot permitting access through the alley. She feels it will greatly affect her and her neighbors' privacy. ~equested that this request be denied for the following reasons: 1. Store is the worst looking in Anahe;m and is littered with trash, has no landscaping, and telephones are used by drug dealers. 2. Another laundromat is within walking distance/minutes away on Anaheim Boulevard where people change oil and repair cars in the parking lot on the weekend. Code Enforcement has not been able to create any order there. 3. High crime area due to gang members who meet on street outside store or in empty lot and the planned parking lot will give them a place to hang out. Angelina Veyna: Has lived at 601 South Olive Street immediately across the street from the store for 45 years, and her father began the store in the 40's. Presented a letter to Commission stating her concerns. Steted they don't need another laundromat as the neighbors are not the ones who use the laundromat, iYs outsiders who would come and park and increase traffic. The mini-mart dces fulfill a need for the neighbors but they don't need it. 1. Loitering and urination have been going on for a long time. Persons who loiter are not locals, mainly employees from Quikset and other designated areas. The owners do not encourage the loiterers but they are still fhere. 2. There has also been a long history of inen urinating in public on the property by standing behind the store or they go across into the alley or behind her house. She feels problems will increase because the alley is a major pathway to the store/laundromat. 3. Drug tra~c, she sees transactions all day, people use the phone then a half hour later someone drives up and a transaction takes place. She also stated they arrested a prostitute there. Four years ago they fought against the phones being there. 4. Gangs were not present four years ago and now the;e are gangs and graffiti. 5. Traffic will increase. 6. Trash is in her alley, yard and everywhere. 7. Safety of children from Thomas Jefferson School. SFie feels that the increase in traffic will diminish their safety. 8. Proposed increase in hours of operation will intensify issues. 9. General safety of neighborhood. ApplicanYs Rebuttal: Daniel Kang: Stated laundromat and store are not going to generate outside traffic. To know that there is a store or laundromat there you would have to drive into or work in the neighborhood. He can't see how a laundromat is going to increase gang activity or urination in the neighborhood. When the store is open there is less gang activity. They have put up chain link fences to discourage trash from being dumped on the property. There were concerns 4 years ago about people walking through the alley, so they blocked it off with chain link fencing. They have also removed all pornographic material from store. They are trying to improve the site and the building is very old and hard to repair so they want to tear it down and shrink the size of the store to get the room for the laundromat. Regarding business hours, they are not going to operate until 10 p.m. They will be closad by 8:00 p,m. so this will not encourage any kind of gang or crime activity in the area. Samuel Cho: He is also concerned about the same issues that the neighbors brought up. This location is next to the industrial area. The current square footage of the market is 2600 and is being reduced to 2150 square feet. There was a feasibility study done on the project so that they can prove it will be profitable. He said there is a lot of trash, but if they do not improve the property, there will always be trash. Graffiti is a probiem everywhere when there is a building. He meniioned the alley and said project does not have 02-17-99 Page 20 access through the alley because ihey have to maintain a steel gate which will only allow fire accsss and it won't be open during ttie day. Currently there is no parking, so if they provide a parking lot it wili be safer than parking on the street. They are also going to put plants against the wall to minimize graffiti. He feels if they develop the lot and put up security lighting it will cut down on gang activity. Mr. Chung: He agreed that there are many kids playing with the pubiic telephones and they will relocate them inside the building or remove them. Secondly, he has been involved with this project since a year agc. The owner asked him many questions. He has developed more than 15 commercial projects, cor~dominium and apartment projects throughout Southern California. He can see any graffiti on wall un subject property and aruund residential property. Thirdly, mentioned gang activity. Fourth, someone mentioned that this had historical value to herself. Everywhere is a historical place, but it appears she likes to live in a junky building with trash. The owner is trying to invest in this property to make the neighborhood beautiful and safe. Angelina Veyna: Presented a neighborhood petitinn. THE PUBLIC HEARING WAS CLOSED. Tom Engle, Anaheim Police Department - Vice Detail: The Police Department is concerned about the crime rate in the area. Neighborhood is predominately single family homes or commercial which should be relatively quiet. Surrounding districts report crime at 203%, 218% and 179% above average. The closing of the bar next door to the liquor store was the best thing that has ever happened to this area. The Folice Department recommends denial of the project and do not think having a security guard there will do any good. if the laundry is open 24 hours a day, it will give the gang members a place to hang out. He stated the police are working very hard to get gangs out and can't see how this project is going to help their cause. Brad Hobson, Community Development Department: The proposed expanded commercial use is inconsistent with the redevelopment plan from a land-use perspective. They also feel the combination of laundromat/liquor store in a relatively isolated corner is not a good combination and recommends denial. Commissioner Bostwick: Asked what was in the General Plan for this area. Brad Hobson: It is consisten; with the existing City's Ceneral Plan for residential and industrial and they consider an EIR would show an alternative land use of residential on this site. Chairman Bristol: Asked if it would include the property directly to the north? Brad Hobson: He did not know if there was an alternative designation of residential on it, but it is consistent with the existing General Plan. Commissioner Koos: Asked him to speak on the alternative use of properties to the east, industrial uses on Olive Street. Brad Hobson: He thought it was a larger contiguous industrial area on the east side of Olive Street but certainly on the west side of Olive Street is alternative residential use. Commissioner Bostwick: Asked the long term plans for the railroad. Brad Hobson: It has been the subject of a lot of discussion. From one end of the line ai Katella all the way to Santa Ana Freeway and Santa Ana, it is an issue of maintaining service to an ever-decreasing number of users along that line. They continue to keep those identified and look at alternatives for eliminating the need for the service there so they could take the railroad tracks out at some time in the future. Commissioner Bostwick. Asked if there was a restriction as to how close a residence can be to the railroad. 02-17-99 Page 21 Cheryl Flores: Stated 600 feet, it is a Council Policy and requires mitiga;ion Commissioner Sostwick: Stated it would be hard to put a single-family residence there and conform to this policy. Cheryi Fiores: It says that within 600 feet they have to lower the eaves, provide double-pane windows and do certain things, but they can construct residential. Brad Hobson: The Agency has produced housing adjacent to the Amtrak railroad line downtown with mitigation of a sound wall. Commissioner Bostwick: He wondered how you could get a single-family residence close to the railroad and mitigate it. Brad Hobson: Stated it may be a combination with other properties and a different project, but overall in that area they would envision a residential use in the long term working better than what you have out there right now. The visual improvements from a fresh building will not outweigh the existing land use issues there. Commissioner Koos: Asked if it would change their recommendation if the hard liquor use was dropped? Tom Engle: Responded not in his opinion. Brad Hobson: Responded no, if beer and wine was retained. Perhaps if they eliminated all alcohol sales. It is an isolated commercia! use in this area and it has seen better times and they would stick with recommending residential. Commissioner Bostwick: The applicant has stipulated to hours of 7 a.m. to 8 p.m. with a security guard on duty with the phone inside and windows. He felt the applicant is proposing to improve the neighborhood with something better than what is currently there. Tom Engle: Stated if the security guard leaves at 8 o'ciock at night, ;hey are in the same predicament. Commissioner Bostwick: Although everything will be closed at 8:00 p.m. Tom Engle: Stated the market is closed now and the crime is stili going on and how will that ctiange? Commissioner Boydstun: Suggested a gate be installed on the Water Street entrance that could be closed when they close at night so that people couldn't get in that parkinc~ lot and if there are any cars in that lot when they leave, they are towed away7 Commissioner Bostwick: Including security lighting. Chairman Bristol: Stated he looked at it as a great improvement to the neighborhood. WhaPs there now is a detriment rather than an asset. Tom Engle: He commented that the security guards are only as good as the person walking around the floor. Commissioner Koos: Asked what kind of calls for service has there been since the bar closed? Tom Engle: There was a prostitution arrest, numerous 911 NVC's (no voice contact), armed robbery at that address and a few stolen cars. Commissioner Esping: Asked if any consideration had been given to a market at the location as there appears to be a need for it and eliminate the laundromat? It would deal with the problems of parking and traffic. 02-17-99 Page 22 Brad Hobson: It is an existing legal non-conforming use, in a cute building if it was pa;nted and trash was picked up. Their position is that it is just prolonging an incompatible use. Commissioner Koos: He was not certain a neighborhood market that mainly services pedestrian tra~c is incompatible. Asked if there was a long term vision for the Redevelopment Corridor. He thought walkable environments are good but Mr. Hobson thought it is better to have everything on main streets and asked him to explain why he thinks it is so incompatible. Brad Hobson: Explained that the General Plen and Redevelopment designation is residentiai and industrial. The existing use is fine. There have been neighborhood markets for many years in many southern California communities. The charm is gone for the neighborhood ambiance that it might provide when you tear it down and build something new. IYs a small piece of a much larger environment including the Redevelopment Project Area. Commissioner Koos: Asked if Mr. Hobson prefers to see residential in place of the existing market? Brad Hobson: There is an alternative land use in the Redevelopment plan to extend residential use to Olive Street. Commissioner Koos: On the other side of Olive it is industrial and he is recommending residential right across from industrial, wouldn't that seem somewhat incom~atible? Brad Hobson: Not across the street, iYs two pieces of property and the majority of the property is already residential on the west side of Olive Street. Melanie Adams, Associate Civil Engineer: Advised Commissioner Bostwick that he mentioned that this project would have an opportunity to get public improvements, but any new development including a residential development would be required to put in curbs, gutters and sidewalks. So this is not a unique benefit that this property could provide. Daniel Kang: Stated that the building right behind to the north of the existing market is a commercial use (gas station). So if you were to make this whole area residential, there wil! ue a house right next to a gas station. The only residential zoning is 48 feet wide which is not sufficia~,t enough to put a family home there. Also, the bar itself was not operated by the current management. The bar was closed many years ago. They havE never used the place for anything, it is an old building not used for anything at this time other than for storage. Chairman Bristol: Asked Mr. Kang's thoughts about eliminating the proposed laundromat? Daniel Kang: Responded that no laundromat would not make the project financially feasible. It needs added profit to pay for all improvements. Chairman Bristol: Suggested cutting down the size of the laundromat. Daniel Kang: He responded that a financial study was done as t~ the number of machines needed to pay for the whole lot and construction. This is the number they came up with. They reduced it as much as they could to allow for parking spaces. Commissioner Esping: Asked if !he studies really show that the laundromat there with another one around the corner on Anaheim Boulevard would be that profitable? Daniel Kang: The laundromat should be sufficient enuugh to pay the addit~onal costs incurred upon the existing store to be able to provide for all the things they are going to do to the site. He understood the concern of Police Department if it were open 24 hours. The phone outside is for the employees to use when they need it and for the adjacent busin~ss security guard who does not have a phone. 02-17-99 Page 23 Tom Engie: Asked if the store was accessed mainly by pedestrians, was it necessary to have 18 parking spaces? Daniel Kang: Responded that they do not u~~ant 18 parking spaces but the City requires that numb~~r. Commissioner Boydstun: Asked if a gate could oe installed so cars can not park there when it is closed? Daniel Kang: Responded it was not a problem and they ~.vould do it. Commissioner Boydstun: Asked if a sliding gate with a knox box could be installed to keep cars out after hours. Cheryl Flores: Remarked that any gate would be subject to the approva! of the Traffic Engineer. Commissioner Boydstun: Stated Quikset has gates when not in use. Cheryl Flores: Stated it would be possible to have the gate, it would have to be sef back according to the requirements of the Traffic Engineer and be equipped with a knox box. She also pointad out that the conditional use permit is being processed under the authoriry of Section 1803U3.0? 0 which is an unlisted use section. In order to have a conditional use permit as an unlisted use, it needs to be shown that the requested use is similar to and compatible with the uses conditionaliy permitted in the ML Zone. The laundry facility is permitted by a conditional use permit in the ML Zone, however, there is no provision for a convenience market or a liquor store and there is nothing similar in the ML Zone that would authorize the approval of this use as an unlisted use. Commissioner Esping: Stated that the bottom line is that the liquor store would not be in compliance. Cheryl Flores: Stated that is what staff believes according to the code. Daniel Kang: Stated the market has been there for many years. Chairman Bristol: Couldn't they point to the fact that a variance was granted in 1947 in the ML Zone? Cheryl Flores: Responded that was correct and it is now a legal non-conforming use, and it could remain there as it is indefinitely. Commissioner Koos: Asked Ms. Flores if she was stating this was not e use that was allow in the ML Zone? Cheryl Flores: Responded the convenience market and liquor store are not uses allowed in the ML Zone by today's code. Commissioner Koos: Stated that they couldn't do anything unless the zoning was changed. Cheryl Flores: Stated they would have to change the zoning or general plan or find a way to establish that this use is similar to and compatible with uses in the industrial zone which they are unable to do. Commissioner Boydstun: Asked how they were allowed to file and go this far if it couldn't bs done? Cheryl Flores: 5tated that staff cannot deny them the opportunity to file and ask far the request. Commissioner Koos: Asked if they were advised that this use is not allowed. Cheryl Flores: Responded that she did not personally accept ttie application, and doubted that they were advised at that point. It is not until it gets to the Recommendation Committee that it becomes apparent that it is not allowed. Commissioner 6ostwick: This was approved in 1995 and it went through the same process 4 years ago. 02-17-93 Page 24 Cheryl Flores: Agread it went through the same process 4 years ago. StafF is taking a fresh look at it today with what they have learned in 4 years. Greg Hastings, Zoning Division Manager: Pointed out that the property on the wast side of this is zoned RS-5000 Residential and that is the portion where there would be a parking lot and that parking lot is accessory to the use. It is necessary for that use to occur on the ML portion, however, staff strongly feels that this is encroaching into an existing single-family neighborhood even though there is no home on that property. Staff is concerned about this use expanding into that residential neighborhood beyond what it is today. Chairman Bristol: Asked L'heryl what she suggests. Cheryl Flores: She stated they have the legal non-conforming use that is there now. The General Plan is for residentia; land uses that the Commission needs to consider and they have no provision to approve a convenience store and liquor store on this property. Commissioner Boydstun: Asked how they approved it before. Did the code change7 Cheryl Flores: She was not present at tr,s 1995 public hearing but did not think the unlisted use ir~form•u; ^n was brought out at that meeting. Sf~e stated it was the same request then and it was appraveo. Greg Hastings: Stated at that time staff expressed concern, however Planning Commission did approve it and Councii did not reverse the Commission's decision. Staff is looking at it in today's planning ~nvironment where they have a Redevelopment Area in t!ia; locaiion, and staff has learned a lot and want to make sure that if this is approved, it is the correct use for the property, both short and long term. Commissioner Esping: Stated with the zoning and the codes that are in place at this particular time, it is difficult to make a decision, and it is unfortunate for the family that has had this good business there, but right now they do not have a choice. Commissioner Boydstun: Stated they have the same choice they had 4 years ago, Selma Mann: In glancing at the staff report from 4 years ago, there was a recommendation of approval by the Planning staff and a determination that it was corripatible with the uses. At this time there is no similar recommendation. On Paragraph 17 in the staff report discusses the section that would authorize a conditional use permit for an unlisted use that is compatib'e with one similar to the use that is in the zone. However, there has to be a determination made by the Planning Director or the Planning Director's designae. Although the staff report does not directly address the issue, Paragraph 29 indicates that the proposed commercial land-use is incompatible with the underlying zone designations. Thereby having made the determination that it is not a use for which a conditional use permit may properlv be granted. Commissioner Koos: Asked if there is a point where the applicant is told that this use is either allowed or not allowed within the zone? Greg Hastings• They received fhe application from the applicant and staff was in favor of ailowing this to come to Planning Commission simply because of the fact that 4 years ago it had come in as the same exact project. Although statf still does not feel this is an appropriate use for this location, they gave the applicant an opportunity to bring it forward in the same exact manner it was done 4 years ago. Commissioner Koos: Asked if the appiicant was fully aware that this is not a permitted use in the ML Zone? Greg Hastings: He was not certain whether the applicant was aware 4 years ago or now. Daniel Kang: At that time the staff had denied approva! of this project but the City Council approved it because they thought it will be an improvement over what is there now. They would rather have the 02-17-99 Page 25 zoning changed but that would be a difficult process. The store has been under a"grandfather" ciause, existing for such a long time that it continues to be able to do the business, By having this approved they will be under more regulations than a regular store but they are to abide with the code to have the project go through and make this whole area better. Commissioner Boydstun: Asked staff if the 10-foot setback included the sidewalk. Cheryl Flores: Responded it would be from the property line and would not include the sidewalk. Commissioner Boydstun: Asked if it would be sitting 19 feet back from the street (the sidewalk is 9 and there would be a 10-~oot setback)? Cheryl Flores: Stated yes. Commissioner Boydstun: Asked how far it is now from the street7 Cheryl Flores: Responded 12 feet back. Commissioner Koos: Asked staff about the unlisted uses permitted section of the code. if there was a similar use in the ML Zone in the City could the Planning Director point to that as justification that this is by default a permitted use? Cheryl Flores: It needs to be similar to a use that is listed as a permitted or conditionally permitted use in the ML Zone. It needs to be similar and compatible. Commissioner Boydstun: She is in favor of Waiver A only, wants a wall on the west property line with a gate to the alley with a knox box and a gate that can close on Water Street when the store closes. Greg Hastings: Stated it was an 8-foot high wall with an administrative adjustment and if administrative adjustment fails then it is 6 feet. Commissioner Bostwick: Stated Commission discussed where the dryers were in relation to where they can see into the building and maybe to put a second driveway on Wai~r Street with slanted parking facing the building, and to have more landscaping on Water Street. He suggested having the applicant bring back another set of plans under a Reports and Recommendation fur Council approval for final landscape, parking iot, windows and elevations and location of dryErs. Commissioner Boydstun: Stated the dryers should not block the window. Commissioner Bostwick: He suggested that the windows should be open and clear, so the Police Department can see in and put a second driveway on INater Street next to mini-market so the traffic can come in, park on an angle and go out the other driveway. It would deepen the landscaping, as well as give room fur a 3-foot high wrought iron fe~ce so that gates could roll shut on and be locked at night. Commissioner Koos: Stated they discussed the configuration of the site and he felt the parking lot and laundry could be nexk to the residential as opposed to being on Olive Street. Cheryl Flores: Stated stai~ would like to suggest two conditions. It should be the responsibility of the holder of this CUP that shopping and laundry carts shall not be left in the neighborhood. They ~reviously heard testir~~ony that there were problems with carts. Also, no outdoor display or sales of any merchandise or fixtures shall be permitted outside the building. Commissioner Bostwick: Suggested item 2 indicating hours from 7 a.m. to 8 p.m. seven days a week rather than 10 p.m. He asked about dropping the sale of hard liquor all together and j~st selling beer and wine. Condition 13 states hard liquor beverage shall on~y be sold in containers of 200 MI. or greater. Daniel Kang: Stated they could comply with that. 02-17-99 Page 26 Commissioner Bostwick; Asked the applicant about taking out all liquor other than beer and wine Daniel Kang: Said it would reduce the value of the business tremendously. Commissioner Esping: Stated that the applicant indicated that hard liquor was only 5% of sales. Daniel Kang: Agreed but only 5% of sale of the liquor license itself. Commissioner Bostwick: Explained to the applicant that the permit comes with the land. He owns it today, however if he sells it in the future the make-up of the store could change. Commissioner Koos: He asked the applicant to agree to a condition that there be are no adult magazines. Commissio~er Boydstun: Requested that Qhe telephones outside need to be removed. Jae Chung: Responded that they would comply. Samuel Cho: Asked about Condition No. 8, the security guard charges $8 to $10 per hour. Commissioner Bostwick: Stated that was going to be one of the conditions. Chairman Bristol: He advised the applicant that the public hearing was closed. Selm~ Mann: Stated there is an existing law regarding blinder racks. She does not recommend putting a limitation based upon the content of the materials that they are going to be selling. She suggested a prohibition on a particular type of use rather than picking and choosing based upon the content of a particular magazine. Commissioner Bostwick: Stated they have a condition that says newsracks and magazines shall be located inside the convenience store and suggested they could add language that all adult and pornographic magazines would be located behind the cashier counter. Selma Mann: Stated she would have to look at it in more detail but one of the concerns where you do have an area of law where the state has already made law with regard to the blinder racks and the impact on minors. Those local agencies are then pre-empted from certain types of regulations. This is one of those instances. In lieu of the many changes that are being suggested, one of the thinys to consider is having the applicant return with a set of plans that shows all the changes that Commission is recommending. A determination was made with a prior approval, since the recommendation was for approval, that this type of use is consistent and compatible with the ML Zone even though for this particular application, the Planning Department is recommending denial. Commissioner Boydstun: She suggested the p~ans go return as a Reports and Recommendatior Item for approval. Selma Mann: If the plans return as an R& R for approval, there is no ability to make modifications to any sort of condition. If it comes back prior to the approval, the conditions can be modified, per the Commission. An R& R is not a public hearing, it gives Commission an opportunity to ensure that it is consistent with what was said at the meeting, but it does not give them the opportunity to say this isn't what we wanted. Melanie Adams, Associate Civil Engineer: Stated she was concerned about the second driveway aapro~ch being approved without the benefit of the Traffic and Transportation Division's input. She asked that the ap~licant redesign, and have the Traffic and Transportation Division review that prior to voting on lhis matter. 02-17-99 Page 27 Commissioner Boydstun: Asked if they could make it subject to the Traffic & 1'ransportation Division approval before they see the R&R. Melanie Adams: She was concerned with the rush to approve this today and would like to have the opportunity to review it. It changes the entire design of a project when you introduce new travel lanes, parking stalis and circulation. Cheryl Flores: In concert with what Public Works is concerned with there are 21 parking spaces required on this site and the changes that are being requested could affect the parking and trigger a need to readvertise the parking waiver. Commissioner Bostwick: Stated they may need a parking waiver. Chairman Bristol: Stated if property was sold it could become a liquor store. They can put restrictions on aicohol sales versus gross receipts. Perhaps they could go higher than 5%. Commissioner Bostv~ick: Suggested a continuance for staff to review and make any sugyestions to conditions and also redesign plans. Chairman eristol: Stated the reason he is probably in favor of this is because it is much better than what is there now, he does not believe that residential can go on that site next to ML to the north, If Brad Hobson in Redevelopment is correct that the market is driven to change that area, then it will drive the new place out anyway. Commissioner Bostwick: Stated he thinks it will increase property value by making it a better looking neighborhood. Gangs are there whether you have a house or a business. He felt the inactivity and inabiliry of the families to maintain their children who live in the neighborhood contribute to gang activity. Commissioner Esping: Stated the same applies with graffiti. He hopes that the neighborhood is an official Neighborhood Watch through the Anaheim Police Department. Commissioner Napoles: He also felt it is not fair to blame the store owners. Cheryl Flores: Recommended a 6 week continu2nce to March 29. Commissioner Boydstun: Offered a motion for a continuance to March 29th, seconded by Commissioner Bostwick and motion was carried. OPPQSITION: 3 people spoke in opposition; a letter was submitted in opposition; and a petition was submitted with 17 signatures in opposition. ACTION: Continued subject request to the March 29, 1999 Planning Commission meeting in order for the applicant to redesign the plans, for possible readvertisement of a parking waiver and for the recommended clianges to the proposed conditions of approval. VOTE: 6-0 (Commissioner Williams absen;) DISCUSSION TIME: 1 hour and 37 minutes (2:44-4:21) 02-17-99 Page 28 6a. CEQA NEGATIVE DECLARATION Approved 6b. CONDITIONAL USE PERMIT N0. 4094 Granted for 5 years OWNER: Scenic Corridor Industrial ParklFrome Enterprises, (To expire 2-17-04) 29C0-A Bristol Street, #201, Costa Mesa, CA 92626 AGEt~T: Oanh X. Nguyen,1476 Kenwood Avenue, Anaheim, rA 92805 L.OC~.TION: 5576 East La Palma Avenue. Pr'operty is 8.78 acres located on the south side of La Palma Avenue, 585 feet west of the centerline of Imperial Highway. To permit a live perFormance (original dramas, plays and comedies) theater. CONDITIONAL USE PERMIT RESflLtJTfON N0. PC99•29 e • o ~~ • • • AppiicanPs Staterent: Chris Ceballos, 536 South Siiktree Circle, Orange, CA: Agent for the theater company applying for a conditional use permit. There are no sex-oriented shows and presented articies and reviews about previous shows. He gave history of how theater company started. ?hey have been rehearsing in Orange but now because of scheduling they need to change locafion. They asked to have hours of operation for rehearsais Monday through Friday until midnight, Friday and Saturday until 2:00 a.m., and Sunday unti~ 11:00 p.m. They also asked !hat Condition Nos. 5 and 7 regarding trash storage be waived because they do not generate enough trash to fill a bin, their 40 gallon trash containers are more than sufficient. They also asked that Condition No. 1 be extended. They w~uld like a 5-year extension. THE PUBLIC HEARING WAS CLOSED. Melanie Adams, Associate Civil Ei~gineer: Advisad that they can modify Condition Nos. 5 and 6 but would like the applicant to speak with the Sanitation Manager, Rod Ha~lock, to discuss their trash disposal. Commissioner Koos: Regarding Condition No.1, he felt Commission should grant this permit four tu five years. Greg Hastings, Zoning Division Manger: Staff wanted to make sure that the use is actually what the applicant indicates. Staff does not have a problem with it open and if there is a problem and it is more successful than anyone thought it would ever be, then it can return to Commission. Commissioner Koos: Asked if the Fire Department already had regulations on the number of persons? Chairma~ Bristol: Responded yes. OPPOSITION: None ACTION: Approved Negative Declaration 02-17-99 Page 29 Granted Conditional Use Permit No. 4094 for 5 years with the foliowing changes to conditions of approvai: ~ Deleted Condition Nos. 5, 6, and 7. The applicant shall meet with the Sanitation Manager (Rod Hallock) to negotia4e the trash and soifd waste storage and the on-site trash truck turn-around area. Modified Condition Nos.1, 2, and 4 to read as follows: 1. That subject use permit shail expire five (5) years from the date of this resolution, on February 17, 2004. 2. That the performances shall be limited to theatricai dramas, comedies and plays. That activities at the business shall not trigger a requirement for a sex- oriented bustness permit as set forth in Chapter 18.89 of the Anaheim Municipal Code. 3. That the maximum number ~f patrons and seats shall be limited ta fifty (50). 4. That the operations of this business shall be limited to those described in the petitioner's letter of operation and in this report. That the hours of operation shall be limited to 7 p.m. to 12 a.m., Monday through Thursday for rehearsals, with performances limited to Friday and Saturday evenings 6 p.m. to 2 a.m. and Sunday ending no later than 11 p.m. VOTE: 6-0 (Commissioner Williams absent) Selma M~nn, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 13 minutes (4:22-4:35) 02-17-99 Page 30 7a. CEQA NEGATIVE DECLARATION (PREVIOUSLY APPROVED) Approved 7b. WAIVER OF CODE RE~UIREMENT Approved 7c. CONDITIONAL USE PERMIT NO. 3919 (READVERTISED) Approved amendment to conditions of OWNER: Worldwide Real Estate, 515 Marin Street, Thousand Oaks, approval CA 91360 AGENT: Randall Boone Signage, Attn: Dana Boone, 34342 Pacific Coast Hwy., Suite C, Dana Point, CA 92629 LOCATION: 8200 East Crystai Drive - Anaheim Hills Pontiac GMC Buick. Property is 2.3 acres located at the southeast corner of Puliman Street and Crystal Drive. To amend or delete conditions of approval to permit sign plan revisions for an existing auto dealership with waiver of permitted freestanding signs and permitted directional signs. CONDITIONAL USE PERMIT RESOLUTION N0. PC99-30 SR1097JK.DOC e s • • s • ApplicanPs Statement: Mrs, Boone, Randall Boone Sign and Lighting and Crane, 4342 Pacific Coast Highway, Unit C Dana Point, CA 92629: She asked Commission to give consider that the drawings presented to the City of Anaheim prior to March 27, 1997, were not designed in accordance with General Moturs international sign proyram. They presented drawings showing deviation in the registered trademark. Anaheim Pontiac Buick GMC is trying to stay within the guidelines established by General Motors. They are permitted 3 monument signs but they only want one. Even though it exceeds the square footage approved by the resolution by 11.3, they feel it is still within the guidelines by eliminating it to one monument sign. The directional signs are 6SF versus 9SF. The national guidelines from GM are at 4 feet wide, they don't have anything for 3 feet. If the dealer deviates from the sign program, it will be an added financial burden to him for the custom signs and not keeping in compliance with GM regulations. They feel the sign they are proposing is more visually aesthetically appealing as opposed to a sign made of stucco which accumulates dirt and is hard to keep clean. Victor Covarrubias: President of Anaheim Hills Pontiac, Buick, GMC: Stated he feels the sign they are proposing enhances the area and attracts customers. He asked that the Commission approve the sign. THE PUBLIC HEARING WAS CLOSED. Commissioner Koos: Asked how much more visibility the new monument sign will provide compared to the old sic~n. Ms. Boone: The present sign does not adhere to the guidelines, the new sign has a 12 inch letter compared to a 7 inch letter which is a big difference when driving down Pullman Street. Commissioner Koos: He asked her if all jurisdictions across the nation, some of which have much stricter design guidelines tlian we do, all fell in line with GM? L1s. Buone: Correct. 02-17-99 Page 31 Ms. Boone: ~tated the signs presented here are the smallest available to the dealer in order for him not to have custom signs which he has to pay for the additionat molds to make ihe sign. This is fhe smallest available package that he is allowed to have. Commissioner Koos: Asked if their neighbor to the south would come back and ask for the same? Ms. Boone: Her understanding is that the Chevy dealers sign looks exactly the same except it says Chevy and their approved sign looks like what the applicant is proposing. Cheryl Flores: Stated that the Chevy dealership sign previously approved matches figure 1 which shows the previousiy approved monument sign. Chairman Bristol: Asked whether or not the Chevy dealer is going to come back to match figure 2. Cheryl Flores: Stated yes, they are coming back in the next week or two. Commissioner Bostwick: Stated that the only thing that changes is the one monument sign and asked if the lettering on the buiiding signs matches what was previousiy approved? Cheryl Flores: P.esponded yes, it ha~n't been installed yet, staff's viewpoint of this is that once you already have the wall sign that is very visible. Ms. Boone: Advised the building is radiused so the sign is radiused around the building so you don't get the whole name. Chairman Bristol: Stated that they're only talking about 3 inches more on the base etc. Cheryl Flores: Stated it is 25 square feet larger than the proposal. Commissioner Bostwick: The overall monument is fairly close in size but it is the actuai lettering on the sign thaYs bigger. OPPOSITION: None ACTION: Determined that the previously-approved negative declaration is adequate to serve as the required environmental documentation for subject request. Approved Waiver of Code Requirement Approved request to amend the conditions of approval of Conditionai Use Permit No. 3919. Modified Resolution No. PC97-30 as follows: Modified Condition Nos.18 and 26 to read as follows: "18. That signage for this facility shall be limited to that shown on the exhibits submitted by the petitioner; provided, however, that there shall be no more than three (3) directional signs for the business, one (1) at each of the two (2) driveways on Crystal Drive and one (1) at the driveway on Savi Ranch Parkway, in accordance with Code Subsection 18.05.091.030. Any additional signage shall be subject to the prior approval of the Planning Commission as a "Reports and Recommendations" it~m. 26. That subject properry shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 khrough 5, Revision No.1 of Exhibit No. 6, Pages 1 through 4 and Exhibit N~. 02-17-99 Page 32 7; provlded, however, that there shali be no more than three (3) diractional sfgns for the business, one ( i) at each of the two driveways on Crystal Drive and one at the driveway on Savi Ranch Parkway, in accordance with Code Subsection 18.05.091.030." Added the following new condition: "30. That roof-mounted hot air balloons or other inflatable devices shall not be permitted " VOTE: 6-0 (Commissioner Wiiliams absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSIO~1 TIME: 11 minutes (4:36-4:47) 02-17-99 Page 33 8a. C_ H~G A NEGATIVE DECLARATION Approved ~ Sb. WAIVER OF CODE REQUIREMENT Approved 8c. CONDITIONAL USE PERMIT NO. 4098 Granted for 3 years OWNER: Carl Remelin, Virginia Remelin, Trustees, Remelin Family Revocable Trust, 2515 Island View, (7o expire 2-17-02) Corona Del Mar, CA 92625 AGENT: Gina Ruebsamen,10162 Chapman Avenue, Garden Grove, CA 92840 LOCATION: 1565 West Katella Avenue. Property is 0.71 acre located on the north side of Katella Avenue, 286 feet west of the centerline of Bayiess Street. To permit the conversion of an existing vacant one-story residence formeriy used as offices to a church in the CL (Commercial, Limited) Zone with waiver of (a) minimum setback of institutional uses adjacent to a residential zone boundary and (b) required location of parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. PC99-31 I SR7385VK.DOC • • • • • e Applicant's Statement: Gina Ruebsamen: Asked to use property as a small church in this vacant property. She stated the property is not being cared for properly, there is a lot of garbage, weeds are grown over, that homeless people access the property and sleep there, and windows are broken. The church would have around 50 members and want to use it as an assembly area. They will have about 34 parking spaces. It will operate Sunday morning 8:00 a.m. until noon, Wednesday 7:30 to 8:30 p.m., and Pastor's office hours on Sunday, Wednesday, Thursday for a few hours a day. SFie feels it will not bother any residential area nor will it increase traffic. They will landscape and meet all requirements that Fire and Police Departments request. Chairman Bristol: She indicated that she had read the staff report and understood the conditions of approval. Public Testimony: Faye Julus, 1556 West Sumac Lane, two doors beyond the property: She was representing herseif and neighbor who could not be there. She stated they have no problem with the church being there but the wall is only 5 feet tall. People tend to go over the wall into her neighbor's yard. She asked if the wall could be made taller so that people do not look into the neighbor's yard. Chairman Bristol: Asked if there was any landscaping there? Ms. Julus: Said no, it is just bare with a 5 foot fence. Chairman Bristol: Asked if the asphalt went right up to the block wall? Ms. Julus: Responded yes and that was the height of the wall is the only objection her neighbor has. Cnmmissioner Boydstun: Suggested planting Junipers to give it height and blockage along the back fence wouid solve it. 02-17-99 Page 34 Commissioner Bostwick: Stated that the plans show a 15 foot planter along that wali. Chairman Bristoi: Asked if she was talking about coming from her area into theirs or from Katella going out. Ms. Julus: Stated from her neighbor's yard into theirs and that there have been so many people in her back yard. Chairman Bristol: Stated that would change. Cheryl Flores: Stated that by the time they pull their building permit the new code amendment may be in effect and that will require an R foot fence between the properties, perhaps they can agree on what is there now and the 8 feet. Chairman Bristol: Stated tr;at the present plans call for 6 feet. There is a 6 foot fence that they are going to put in because they are also asking them to do something to the east wall. Greg Hastings, Zoning Qivision Manager: Stated that for clarification, the 6 foot is measured from the highest side, so if there is any grade difference there it is important that they make sure they measured from the highest side. Ms. Ruebsamen: There is no problem with making a higher fence but Ci!y of Anaheim has restrictions on height, plus they are going to plant trees. During the voting: Cheryl Flores: Requested that a conditon be added to stated that Condition Nos. 3, 8,17, and 23 shall be complied with prior to building and zoning inspections. They would like to move them out prior to issuance of a building permit timing and put it prior to building and zoning inspection fior those 4 conditions. OPPOSITION: Nonel1 concernEd person spoke ACTION: Approved Negative Declaration Approved Waiver of Code Requirement Granted Conditional Use Permit No. 4098 with the following changes to conditions: Amended Condition No. 24 to read as follows: 24. That prior to the issuance of a building permit or commencement of the activity authorized by this resolution or within S year from the date of this resolution, whichever occurs first, Condition Nos.1, 2, 4, 6, 7, 13, 15, 19, 20, 21, 22, and 24 above 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. Added the following condition of approval: Thet prior to final building and zoning inspections, Condition Nos. 3, 8,17 and 23, above-mentioned, shall be complied with. VOTE: 6-0 (Commissioner Williams absent) 02-17-99 Page 35 8a. 8b. WAIVER OF CODE REQUIREMENT 8c. CONDITIOtdAL USE PERMIT NO 4098 OWNER: Carl Remelin, Virginia Remelin, Trustees, Remelin Family Revocable Trust, 2515 Island View, Corona Dei Mar, CA 92625 AGENT: Gina Ruebsamen,10162 Chapman Avenue, Garden Grove, CA 92840 LOCATION: 1565 West Katella Avenue. Property is 0.71 acre located on the north side of Katella Avenue, 286 feet west of the centerline of Bayless Street. To permit the ~onversion of an existing vacant one-story residence formerly used r~s ~ffices to a church in the CL (Commercial, Limitedl Zone with waiver of (a) minimum setback of institutional uses adjacent to a residential zone boundary and (b) required lecation of aarking spaces. CONDlTIONAL USE PERMIT RESOLUTION N0. PC99-31 Approved Granted for 3 years (To expire 2-17-02) SR7385VK.DOC • • • • s • ApplicanPs Statement: Gina Ruebsamen: Asked to ~se property as a small church in this vacant property. She stated tY~e property is not being cared for properly, there is a lot of garbage, weeds are grown over, that homeless people access the property and sleep there, and windows are broken. The church would have around 50 members and want to use it as an assembly area. They will have about 34 parking spaces. It will operate Sunday morning 8:00 a.m, until noon, Wednesday 7:3~ to 8:30 p.m., and Pastor's office hours on Sunday, Wednesday, Thursday fo~ a few hours a day. She feels it wil~ not bother any residential area nor will it increase traffic. They will landscape and meet all requirements that Fire and Police Departments request. Chairman Bristol: She indicated that she had read the st~ff report and understood the conditions of approval. Public Testimony: Faye Julus, 1556 West Sumac Lane, two doors beyond the pro.perty: She was representing herself ar,d neighbor who could not be there. She stated they have no problem with the church being there but the wall is only 5 feet tall. People tend to go over the wall into her neighbor's yard. She ashed if the wall could be made taller so thaf people do not look inta the neighbor's yard. Chairman Bristol: Asked if there v~as any landscaping there? Ms. Julus: Said no, it is j~st bare with a 5 foot fence. Chairman Bristol: Asked if the aspha~t went right up to the block wall? Ms. Julus: Responded yes and that was the height of the wall is the only objection her neighbor has. Commissioner Boydstun: Suggested planting Junipers to give it height and blcckage along the back fence would solva it. 02-17-99 Page 34 Commissioner Bostwick: Stated that the plans show a 15 foot planter along that wall. Chairn;an Bristol: Asked if she was talking about cominy from her area into thoirs or ftom Katella floing out. Ms. Julus: Stated from her neighbor's yard into theirs and that there have been so i~iany people in her back yard. Chairman Bristol: Stated that would change. Cheryl Flores: Stated that by the time they puli their building permit the new code amendment may be in effect and that will require an a foot fence between the properties, perhaps they can agree on what is there now ard the 8 feet. Chairman Bristol: Stated that the present plans cali for 6 feet. There is a 6 i`oot fence that they are going to put in because they are also asking them to da something to the east wall. Greg Hastings, Zoning Division Manager: Stated that for clarification, the 6 foot is measured from the highest side, so if there is any grade difference there it is important that they make sure they measured from the highest side. Ms. Ruebsamen: There is no problem with makir a higher fence but City of P,naheim has restrictions on height, plus they are going to plant trees. Durirg ;he voting: Cheryl Flores: Requested that a conditon be added to stated that Condition Nos. 3, 8, 17, and 23 shali be complied with prior to buiiding and zoning inspections. They would like to move them out prior to issuance of a building permit timing and put it prior to building and zoning inspection for those 4 conditions. OPPOSITION: None/1 concerned person spoke AC710N: Approved Negative Dpclarafion Approved Waiver of Code Requirement Granted Conditional UsP °ermit No. 4098 with the following changes to conditions: Amended Condition No. 24 to read as follows: 24. That pri~- to the issuance of a building permit or commencement of the activity authorize.. by this resolution or!aithin 1 year from the date of this resoiution, whichever occurs frst, Condition Nos.1, 2, 4, 6, 7, 13, 15, 19, 20, 21, 22, and 24 sbove mentioned, shall be complied with. Extensions for further time to complete said ronditions may be granted in accordance with Section 18.~~3.090 of the Anaheim Municipal Code. Added the followirg~condition af approval: That prior to final building and zoning inspections, Condition Nos. 3, 8,17 and 23, above-mentioned, shall be complied with. VOTE: 6-0 (Commissioner Williams absent) Selma Mann, Assistant Ciry Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 12 m;nutes (4:48-5:00) 02-17-99 Page 35 , MEETING ADJOURNED AT 5:00 P,M. TO MONDAY, MARCH 1,1999 AT 11:00 A.M. FOR PRELIMINARY PLAN REVIEW Submitted by: ~ .~~..~~ Ossie Edmundson Senior Secretary , ,G ;,,~e.~~:X.~ 'l'Q.,c~,w.:J 1.,,_ Simonne Fannin Senior Office Specialist ~~ ~ Edith Harris Planning Commission Support Supervisor 02-17-99 Page 36