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Minutes-PC 1999/03/151 t SUMMARI~ ACTION ~GENI~A CITY OF A~AHEIM PLANNIN~ C011/~Mi~SION MEETIf~G~ MOND6~Y, MARCH 15, 1999 11:OQ A.M. • STAFF SLIDE PRESENTATION FOR ANAHEIM RESORT NEIGHBORHOOD ACTION PLAN • STAFF UPDATE TO COMMISSION OF VARIOUS C~TY DEVELOPMENTS AND ISSUES (AS REQUESTED BY PLANNING COMMISSION) • PRELIMiNAQY PLaN REVIEW 1:30 P.M.' • PUBLIC HEARING TESTIMONY COMMISSIONERS PRESENT: BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES ABSENT: WILLIAMS STAFF PRESENT: Selma Mann Greg Hastings Cheryl Flores Don 1'ourstone Alfred Yald2 Melanie Adams Brad liobson Tom cngle Margarita Solorio Ossie Edmundson Assistant City Attorney Zoning Division Manager Senior Planner Senior Code Enforcement O(ficer Principal Transportation Planner Associate Civil Engineer Redevelopment Vice Detail Planning Commission Secretary Senior Secretary 03-15-99 Page 1 ITEMS OF PUBLIC INTEREST: None REPaRTS Ai~D RECOMMENDATIUNS There were no Reports and Recommendation Items submitted for this Public Hearing. 03-15-99 Page 2 PUBLIC HEARING ITEMS: 2a. CEQA NEGATIVE DECLARATION Approvea 2b. WAIVER OF CODE REQUIREMENT Approved, in part 2c. CONDITIONAL USE PERMIT N0. 4101 Denied 2d. DETERMINATION OF PUBLIC CONVENIENCE Denied OR NECESSITY W0. 99-01 OWNER: Thrifty Oil Company, Attn: Vincent Le Pore,13539 East ' Foster Road, Santa Fe Springs, CA 90670 AGENT: David Rose, 3870 La Sierra Avenue, #193, Riverside, CA 97.505 LOCATION: 300 South Brookhurst Street -Thriftv Oil. Property is 0.51 acre located at the southeast corner of Brookhurst Street and Broadway. Ccnditionai Use Permit No. 4101 - to establish conformity with existing zoning code land use requirements for an existing service station and to convert an existing accessory auto repairlcashier building into a convenience market with retail sales of beer and wine for off-premises consumption with waivers of (a) continuation of nonconforming biiiboards, (b) minimum landscaped setback adjacent to an ~rterial highway, (c) minimum retail sales floor area, and (d) minimum landscaped setback adjacent to interior boundary lines. Public Convenience or Necessity No. 99-01 - to determine Public Convenience or Necessity to ailow tfie retail sales of beer and wine for off- premises consurr,ption within the proposed convenience market. Continued from the Comrtiission meeting of March 1, 1999. CONDITIONAL USE PERMIT RESOLUTION N0. PC99-40 DETERMINATION OP PUBLIC CONVENIENCE OR NECESSITY RESOLUTION N0. PC99-49 • • • • • • Chairman Bristol: Stated, for the record, a letter was received from West Anaheim Neighborhood Development Council (WAND) in opposition to this reGuest. ApplicanPs Statement: David Rose, Regents Group, 3870 La Sierra, Suite 193, P.iverside, CA 92505 Stated he will be speakiny today on Items 2, 3, and 4. Thrifty Oil has leased all of it's facilities to Arco Products (PSI) and Arco is attempting to retrofit all of its stations in order to get the best economic benefit and make them more aesthetlcaily pleasing. This item is a station located at 300 South Brookhurst Street. The building is an existing 300 square foot store at the facility. The only discretionary action that the applicant is requesting for the CUP is for the inclusion of beer and wine within the existing facility. He was not certain whether the 1,200 square foot requirement still applies to an existing use. The facility needs landscaping and therefore they are bringing this site up to Code on all the items that they are abie to. Unfortunately there are a fe~v items that pre-date this facility. 03-15-99 Page 3 • There are billboard contracts that they are not able, at the present time, to remove which the reason for requesting Waiver A. • Waiver B deals with a landscape setback adjacent to Brookhurst. There is canopy directly adjacent to Brookhurst and not possible to meet the 10 foot requirement. They are proposing a 5 foot landscape plan where presently one does not exist. • Since their first submitial they added landscapinq to the east side of the property between the site and the strip center next door. That is why the Waiver D has been deleted. They are requesting public convenience or necessity although they are attempting to purchase an existing license within that same census tract which would result in a status quo. There are several aesthetic proposals that are included with the submittal and should Commission choose to approve the project then they are willing to meet all of the proposed conditions of approval. Opposition: Ralph Boggs, 2175 West droadway, Anaheim, CA: He is against the approval of the beer and wine license for the facility. This facility has been there for at least 25 years and has not had the need to engage in beer and wine sales. Immediately adjacent to it on Broadway is a facility that already has a liquor license which has also been there for approximately 25 years. He does not feei it is in the best interest of the neighborhood to continue the proliferation of this type of business. It will only add to the blight of the area in terms of traffic a~d late night noise. Esther Wallace, Chairman of WAND (West Anaheim Neighborhood Development Council): They are opposed to the liquor license because there are many liquor licenses already existing in the area. She was surprised to disc~dered that there are 9 licenses and only 5 allowed. They are also opposed to the waivers. The billboards have become a source of contention in their neighborhood because of the items being advertised. They feel that the billboards should come down if the applicant plans to do anything with this gas station. There is an existing gas station across the street and it is not going to offer the same things as the proposed site will have which will hurt that business. They are also opposed to the landscaping proposal. Brookhurst Street is into redevelopment and there will be landscaping completed and so they feel the requirement of a 1U foot landscaping is essential otherwise it will not conform with the rest of the neighborhood. ApplicanPs Rebuttal: David Rose: He did not feel there was a need to rebut any of the statements but was available to answer any questions. THE PUBLIC HEARING WAS CLOSED. Commissioner Boydstun: Asked how long are the leases on the billboards? David Rose: They are on a 10 year lease, there are 7 years remaining on the lease. The billboards are able to be purchased but the purchase price for those billboards are very expense and difficult to do. Chairman Bristoi: Asked staff if the applicant can continue the use as it is now if the request was denied? Cheryl Flores, Seniar Planner: Respanded what is there now is a snack shop area and not as iarge as they are proposing for the convenience market, that would be allowed to remain. The snack shop is cons~dered an accessory permitted usE. During the voting: 03-15-99 Page 4 Commissioner Boydstun: Asked if there could be some control over what is advertised on the billboard? Commissioner Bostwick: That is an issue of free speech which is not an issue that Commission has ~ontrol over. Commissioner Bostwick: On page 4, item 17, states while a non-conforming use Qxists on any lot no other use shali be permitted even though other use would be a conforming use. Therefore, they can not approve it as long as they have a nonconforming use. Selma Mann, Assistant City Attorney: if Commission approves Waiver A then they will be approving a waiver from the provisiun that prohibits another use to come onto the property while a legal non- conforming use exists on that property. The applicant also has the option available of applying for a conditional use permit for the billboards, thereby making them conforming by obtaining the conditional use permit. There is no guarantee that such a use wouid be approved but the waiver is not the only option available to the applicant. Actions on the balance of the item would assume that the applicant was going to take care of the issue regarding the existing nonconforming use on the property because the balance of the change can not take place until that issue is resolved. OPPOSITION: 2 people spoke in opposition correspondence was received in opposition ACTION: Approved Negative Declaration Approved, in part, Waiver of Code Requirement, as follows: Approved waiver (b) pertaining to minimum landscaped setback adjacent to an arterial highway. • :~enied waivers per'raining to (a) continuation of non-conforming billboards and (c} mi,iimum retail sales floor area, on the basis that there are no special circumstances or identified hardships affecting this property to warrant the granting of the requested waivers from Code requirements; and furthermore, by granting these waivers, a special privilege would allow this property to enjoy development rights that are n~t shared by other similar corner lot commercial properties in the City. Der~i~d waiver (d) pertaining to minimum landscaped setback adjacent to interior boundary lines on the basis that it was deleted following public notification. Denied Conditional Use Permit No. 4101 based on the following: 1; That the continuation of nonconforming uses on this property would not be in compliance with Code Section 18.02.058.014 which states "while a non- conforming use exists on any lot, no other use shall be permitted, even though such other use would be a conforming use". (2) That submitted plans do not demonstrate an attempt to provide a quality service station building with enhanced architecture in compliance with the goals and objectives of the West Anaheim Commercial Corridors Redevelopme~t Area. (3) That the Community Development Department recommends denial of the retail sales of alcohol~c beverages for off-premises consumption based on incompatibility with ;he goais of the Brookhurst Overlay Area Zone. ' (4) That WAND opposas the sales of beer and ~vine in conjunction with a service stati~n operation. 03-15-99 Page 5 Uenisd Determinatlon of Public Conveniencs or Necessity No. 99-OS based on the following: (1) That based on information provlded by the Anaheim Potice Department, an additional ABC license in Census Tract No. 871.G3 would create an undue over-concentretion of licenses fn this area (5 permitted; 9 currentiy issued), and further that the subject property is located within Reporting District No.1720 which has a crime rate 28% above the City aver2ge. (2) That the Community Development Department recommends denial of this request based on incompatibility with the goals of the Redevelopment Plan. (3) That the peti!ioner has not demonstrated that this request would serve to banefit the public in terms of convenience or necessity. VOTE: 6-0 (Commissioner Williams absent} Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 14 minutes (1:40-1:54) 03-15-99 Page 6 3a. CEQA NEGATIVE DECLARATION Approv 3b. WAIVER OF CODE REQUIREMENT Denied 3c. CONDITIONAL USE PERMIT NO. 4102 Denied 3d. DETERMINATION OF PUBLIC CONVENIENCE OR Denied NECESSITY NO. 99-02 OWNER: Thrifty Oil Company, Attn: Vincent Le Pore, 13539 East Foster Road, Santa Fe Springs, CA 90670 AGENT: David Rose, 3870 La Sierra Avenue, #193, Riverside, CA 92505 LOCATiON: 2800 West Ball Road - Thrifty Oil. Property is 0.48 acre located at the southwest corner of B211 Road and Dale Avenue. Conditional Use Permit No. 4102 - to establish conformity with existing zoning code land use requirements for an existing service station and to convert an existing accessory auto repair/cashier buildi~g into a corverience market with retail sales of beer and wine for off-premises consumption with waivers of (a) continuation of nonconforming billboards, (b) minimum landscaped setback adjacent to an arterial highway, (c) minimum retail sales floor area, and {d) minimum landscaped setback adjacent to interior boundary I'.nes. Public Convenience or Necessity No. 99-02 - to determine Public Convenience or Necessity to allow the retail sales of beer and wine for off- premises consumption within the proposed convenience market. Cont~nued from the Commission meeting of tvlarch 1, 1999. CONDITIONAL USE PERMIT RESOLUTION N0. r~99-42 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY RESOLUTION NO. PC99-43 SR1 • • ~ • • o • Chairman Bristol: Stated, for the record, a letter was received WAND (INest Ananeim Neighborhood Development Council) in opposition to this request. ApplicanYs Statement: David Rose, Regents Group, 3870 La Sierra Avenue, Suite 193, Riverside, CA 92505: This is a similar proposal to Item No. 2. The facility is on the southwest corner of Ball Road and Dale Street. It is an existing snack shop and an auto repair bay that has not been utilized for 7 to 10 years. To get into the auto bay they had to drive undemeath the arches of an existing billboard sign which is an existing nonconfo~ ming sign. There is also a smaller "post-iY' board perpendicular to Dale St~ eet, mid-block of ihe project which they are asking to uti!ize the entire buiiding. They are not proposing any new construction which is why the sites are not economically viable to demolish the existing building and construct a new building. There is an existing canopy at the site. There is currently minimal landscaping on the site. There is a requirement for 10 feet of landscaping and they ere proposing 3 feet. landscaping. ~ 03-15-99 Page 7 They have withdrawn Waiver D in their plans and now propose to instali the landscaping. They are attempting to bring the site into conformance regarding pole signage. There i; a pole sign at the site that encroaches into the public right-of-way and they are attempting to bring it into conformance. There are pre-existing billboards witn pre-existing leases and in order to t~ring the site into cr,nformance they need to apply for a waiver. They did not apply for a conditional use psrmit. They are willing to accept a condition of approval in the form of a deed restriction or a convenant with !he Citv. Without the approvals of the discretionary actions before Commission today then they will continue to operate as is, otherwise their other option would be to close down. Opposition: Harold Yingst, 2804 Ravenswood Drive, Anaheim, CA: He resides approximately 300 feet south from this service station. The number uf liquor licenses at this intersection. There are already several existing business with liquor licenses near subject and therefore he feels they have enough liquor licenses at the intersection. He referenced Figure 3, page 2 of the staff report, that show where subject property keeps their trash bin which is where the public wa~ks by on Dale Street. They do not keep the covers closed on those trash bins. There are two non-conforming signs at the location that were originally installed when his housing tract ~vas being sold in 1959. The signs advertised liquor and cigarettes on those billboards. There are tfiree schools (Dale Jr. High School, Magnolia High School and Robert Powell Elementary School) who have students that travel by this intersection and can see the biliboard advertising. The neighbors have objected to the Planning Department about them and they indicated that there is nothing that they could do. He wanted to ensure that once the landscaping is installed that it be maintained. Esther Wallace, Chairman of WAND (West Anahzim Neighborhood Development Council): Stated that this is a difficult intersection. She was surprised and asked why there was no police report attached to the staff report? Two years ago there were about seven agencies that came in and arrested 85 people at ~ne of those large apartment complexes on the south side of Ball Road which is just beyond that shopping center where this gas station is located. Although many of them have been renovated they stiil get many people who do have problems. Esther Wallace: Asked how many liquor licenses are in the area where the gas station is located? Chairman Bristol: That was a good question because the policE insert was for tract no. 87d. Esther Wallace: They tried but were unable to obtain a police report from the County for the Arco station at Brookhurst and Ball Road, but she assured Commission that they would obtain a police report from the County this time, if necessary, in order to determine the amount of crime in this area. Chairman Bristol: On page 9(i) of the staff report, it indicated 5 existing, 4 allowed. Yet on the poli~e memorandum of February 2nd indicated that the population allows for 4 off-sale ABC I~censes and there is presently 1 license in the tract. He asked for a clarification from staff on this? Cheryl Flores, Senior Pianner: On Wednesday before they printed the staff report, staff called ABC once again to verify the statistics and they indicated at the time that there were 5 existing licenses. There are two licenses in Anaheim (2950 West Ball Road and 1218 South Beach Boulevard) and the rest are located in the city of Stanton. Esther Wallace: In the police memorandum it indicates that the crime rate is 71 % above the City average. Please keep in mind that Stanton is about 1 block from Ball Road which means only 1 block of the entire tract is being taken in consideration. It is a well known fact that the crime rate in the unincorporated area is very high. This is a very high density apartment area on both sides of Dale Street. She also mentioned that there are already one or two liquor licenses in the same shopping center at the subject site. 03-15-99 Page 8 There are many chiidren from local schools passing this site. The applicant does not have the required 8oor space and WAND is against the waivers requested, billboard signs ar;d the applicant needs to have a larger setback. She asked that they be given a chance to rebuilt their neighborhood back to something that is decent. Commissioner Bostwick: Asked Ms. Wallace about the vacant lot across the street? Esther Wallace: She understood this site is contaminated and it is not being built on because no one want to pay the cost of cleaning it up. Commissioner Bostwick: Asked Ms. Wallace a hypothetical s~tuation. If a company came in and purchased the two lots and proposed to build a first class gas station with a mini market, such as the one at Katella and State College Boulevard, how would WAND feel about that? Esther Wallace: WAND has discussed this issue extensively and came to the consensus that they are not going after any existing licenses. If Arco is interested in purchasing an existing license then that is acceptable with WAND. Basically they are against adding any additional alcohol type licenses. If a gas station was to come purchase a liquor license it would have to be a"take ouY' liquor license and couid not a "restauranY' license. Alfred Yalda, Principal Transportation Planner, Traffic Engineering Division: He read, into the record, a condition that was not listed in the staff report which he was suggesting it be added, "That the existing drives closest to the intersection of Dale Avenue and Ball Road shall be removed and replaced with standard curb, gutter, sidewalk and landscaping. Sa~d information shall be shown on plans submitted for building permits." Judith Ann Gollette,l'4'AND (West Anaheim Neighborhood Development Councii): She submitted a copy to Commission'of the land use and business development resolution that WAND adopted recently regarding gas stations and liquor licensing in the West r;naheim area and read it into the record, "After several months of research and discussion WAND has taken the following stand regarding gas stations, new remodeled or existing. West Anaheirn has a adequate supply of existing gas stations. Support for new facilities will be addressed on a case by case basis. WAND will not support any additional ABC licensing due to gas station/convenience store developments (remodeled or existing). Saying no to ABC licensing does not only apply to gas stations but to any "takeout purchase facility" of alcohol. ApplicanYs Rebuttal: David Rose: Regarding Mr. ~alda's proposed condition regarding the closing of all driveways on Ball and Dale, they would not support that. The viability of the site gets cut off and it would actually dictate additional waiver requirements. They have already put a new landscape planter on the corner and if they had to ciose off the driveways then the site would be shut down and become a liquor store and not a gas station, which is not their intent. It is their intent at all their sites in Anaheim to purchase existing beer and wine licenses. They are attempting to purchase Type 21 license then voluntarily reducing it to a beer and wine license. Regarding the trash enclosures, one of the items included in their new site pian is that a new trash enclosure with a wall, according to City code standards, would be provided. Billboards. It is something that they are willing to accept a restriction on. All the billboard leases are owned by the same company which means it would apply to Item No. 2, 3 and 4. Once the lease ends they do not plan to renew it but they are not willing to pay to remove a biliboard and pay to purchase a license and spend more to renew the site when they are already breaking even. They are trying to get the best they can and not proposing any new construction but are willing to provide the landscaping, signage, physical, architectural, and aesthetic improvements to make the site more 03-15-99 Page 9 aestheticaily pleasing and aiso to bring it up to code. Even doing those improvements the economic viability of the sfte becomes questionable but they are willing to do accomplisM this. THE PUBLIC HEARING WAS CLOSED. Chairman Bristo(: Asked Code Enforcement whether the trash bin is currently in violation of Code? Don Yourstor.e, Senior Code Enforaement Officer: In reviewing the photograph it appears that it could be in violation but he will have their staff go to the site to determine whatever actions are necessary to correct it. He also suggested that the Street and Sanitation Divisicn also check the trash bin. Cheryl Flores, Senior Planner: Af the Inter-Departmental meetirg ihe Streets and Sanitation Division stated that this would have to be in a trash enclosure, if aNproved. As it is now, it is nonconforming and the location of it is not permitted because it is in a required setback which means it would have to be moved. She is not certain if this item was denied what they would do about the enclosure, that probably is something that.could not happen but the trash bin would have to be removed from where it is currently. OPPOSI710N: 3 people spoke in opposition correspondence was received in cpposition ACTION: Approved Negative Declaration Denied Waiver of Code Requirement, as follows: Denied waivers pertaining to j,, continuation of non-conforming bilfboards, and u minimum landscaped setback adjacent to an arterial highway, on the basis that there are no special circumstances or identified hardships affecting this property to warrant the granting of the requested waivers from Code requirements; and furthermore, by granting these waivers, a special privilege would allow this property to enjoy development rights that are not shared by other similar corner lot commercial properl~es in the City. Denied waiver (c) pertaining to minimum retail sales floor area, on the basis that there are no irregular configuration of this property, and no special circumstances applicable to the property such as size, shape, topography, location or surroundings to justify this proposed waiver•. This site is adequate in size, shape, topography to construct a 450 square foot addition or construct a new building which would bring the • total square fuotage into conformance with current Code requirements. Denied waiver (d) pertaining to minimum landscaped setba~k adjacent to interior boundary lines on the basis that it was deleted subse:~uent to adveriisement. Denied Conditional Use Permit No. 4102 based on ihe following: (i) That Code Section 58.02.058.014 states: "While a non-conforming use exists on any lot, no other use shall be permitted, even though such other use would be a conforming use:' (ii) That the Community Development is recommsnding denial of this reGuest based on ir.compatibility with the goals of the Redevelopment Plan. (iii) That submitted plans do not demonstrate an sttempt to provide a quality service station building with enhanced architecture. (iv) That the requested retail sales of beer and wine for off-premises consumption be denied since this use may adversely affect the adjoining land uses and the 03-15-99 Pzge 10 growth and devefopment of the area in whlch if is proposed to be located and based on cunent efforts by the City to improve land use compatibility in this , area and further based on information provided by the Police Department, pertaining to the high crime rate in the area and an overconcentration of ABC licenses. Denied Determination of Public Convenience or Necessity No. 99-02 based on the following: (i) That based on information provided by the Anaheim Police Department, that the subject property is located within a reporting dlstrict which has a crime rate 71 °/a above the Ciry average and within a census tract with overconcentration of licenses (5 existing; 4 allowed). ' (ii) That the petitioner has not demonstrated that this request would serve to benefit the public in terms of convenience or necessity. VOTE: 6-0 (Commissioner Williams absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 26 minutes {1:55-2:21) 03-15-99 Page 11 ~ia. vG4(N ry~l7HI1VG UCVLHKHIIVfY Approved 4b. WANER OF CODE REQUIREMENT Denied 4c. CONDITIONAL USE PERMIT N0. 4104 Denied 4d. [-ETER.MINATION OF PUBLIC CONVENIENCE Denied OR NECESSITY N0. 99-04 OWNER: Thrifty Oil Company, Attn: Vincent Le Pore,13539 East Foster Road, Santa Fe Sprirgs, CA 90670 AGEiVT: David Rose, 3870 La Sierra Ave., #193, Riverside, CA 92505 LOCATION: 3 ~01 East La Palma Avenue - Arco Service S4atton. Property is 0.51 acre located at the northeast corner of Kraemer Baulevard and La Palma Avc~ue. Conditional Use Permit No. 4104 - to establish conformity with existing Zoning Code land use requirements for an existing service station and to convert an existing accessory auto repair/cashier building into a convenience market with retail sales of beer and wine for off-premises consumption with waiver ofi (a) continuation of nonconforming billboards, and (b) minimum landscaped setback adjacent to an arterial highway. Determination of Public Convenience or Necessity No. 99-04 - to determine Public Convenience or Necessity to allow the retail sales of beer and wine for off-premises consumpti~n within a proposed convenience market. CONDITION~4L USE PERMIT RESOLUTION NO. PC99-44 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY RESQLUTION NQ. PC99-45 • • • e • s Applicant's Stafement: David Rose, Regents Group, 3870 La Sierra Avenue, Suite 193, Riverside, CA 92505: This is also a business that Thrifty owns and Arco operates in the City of Anaheim. This facility is 1,400 square feet and therefore they are not applying for a waiver, It has three existing auto bays and this is the only facility out of approximately 200, that Arco leased from Thrifty, that actually has a third party tenant operation facility. There are two existing biliboards under a lease and the situation is the same as the other previous item regarding the billboards. They have existing canopies that have no landscaping and they are proposing 3 to 5 feet of landscaping. On the corner of Kraemer and La Palma there is a pole sign that projects over the pub~ic right-of-way bec2use it has been there for so long and the City has taken by eminent domain to widen the street. They are proposing to remove the sign and install a monument sign that meets the specific plan code requirements. That would b~ the only site at the four corners that would not have the pole sign. They are proposin~ to covert the entire building into a convenience store. The entire architecture style of the building will change dramatically to what is existing. They are proposing for a public convenience or necessity. There is one license approved and 3 or 4 existing. They are proposing to purchase an existing liquor license. He was surprised by 03-15-99 Page 12 RedevelopmenYs comments that the proposal does not meet with the fnten'. when they have approximateiy 20 or 30 square feet of landscaping and the site will be completely landscaped at ali the frontages. The signage will removed with the acceptation of the biliboard signs. They are willing ta accep: a deed restriction to be imposed for the issue of the bi;lboard signs once the.leased expires. They are willing to accept all the conditions of approval, with the exception of Condition No.19 related to the closure of driveway. The queuing of the site becomes impossible as recommended by the Public Works Department. Cheryl Flores, Senior Planner: Stated, for the record, two letters were rece.ived. One from Fowler Properties Inc. and the other from Yoder Development opposed. (She then submitted copies to the Commission.J THE PUBLIC HEARING WAS CLOSED Commissioner Koos: Asked Mr. Hobson to comment on Mr. Rose's testimony related to the Redevelopment Agency. Brad Hobson, Community Development Department: They are recommending denial of the sale of z!coholic beverages. There are already approximately three businesses selling beer and wine and the Police Department recommends only one license. At the commercial area of the Canyon Business Center there are additional licenses to seli beer and wine ~or off-sale consumption. They would like to see the corner cleaned up but not at the cost of adding a license. Chairman Bristol: Mr. Rose's three requests are very difficult, especially because of the over abundance of use and crime. It has been very evident in this City recently that obtaining an off-sale beer and wine license at a gas station is becoming more difficult. Regarding waiver of landscaping, the City has spent millions of dollars to get the City to look better. If the applicant wants to landscape to make it look nice, there is nothing keeping him from doing that. Regarding billboards, it is income. This City has gone a long way to address this issue and will continue to do so. The City has spent a considerable amount to obtain the required landscaping, especially the West area and will continue to do so. Commissiosier Koos: Asked Mr. Rose if the appii~ant would consider a convenience market without the sale of beer and wine. Mr. Rose: Responded no. OPPOSITIQN: No one was present in opposition to subject request. 2 letters ~Nere received in opposition. ACTION: Approved Negative Declaration Den'ed Waiver of Code Requlrement, as follows: ~enied waivers pertaining to (a) continuation of non-conforming billboards, and (b) minimum landscaped setback adjacent to an arterial highway, on the basis that there are no special circumstances or identified hardships affecting this property to warrant the granting of the requested waivers from Co~e requirements; and furtharmore, by granting these waivers, a special privilege would allow this property to enjoy development rights that are not shared by other similar corner Ict ~r,mmercial properties in the City. Denied Conditional Use Permit No. 4104 based on the followEng: 03-15-99 Page 13 (1) That the continuation of nonconforming uses on this property would not be in compliance with Code Section 18.02.058.014 which states "while a non- conforming use sxists on any lot, no other use shall be permitted, even though such other use would be a conforming use". (2) That submitted plans do not demonstrate an atiempi to provide a qualiry service station building with enhanced architecture in compliance with the goals and objectives of the Project Alpha Northeast Redevelopment Area. (3) That the Community Development Department recommends denial of the retail saies of alcoholic beverages for off-premises consumption based on incompatibility with the goals of the Project Alph ~ Northeast Redevelopment Area. (4) That the project, as proposed, would adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. Denied Determination of Public Convenience or Necessity No. 99-04 based on the following: (1) That based on information provided by the Anaheim Police Department, an additional ABC license in Census Tract No.117.14 would create an undue over-concentration of licenses in this area (1 permitted; 3 currently issued), and ' further that the subject property is located within a reporting district which has a crime rate 228% above the City average. (2) That the Community Development recommends denial of this request based on incompatibility with the goals of the Redevelopment Plan. (3) That the petitioner has rot demonstrated that this request would serve to benefit the public in terms of convenience or necessity. VOTE: 6-0 (Commissioner Williams absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 11 minutes (2:23-2:34) 03-15-99 Page 14. r - 5a. CEQA NEGATIVE DECLARATION Continued to 5b. WAIVER OF CODE l2EQUIREMENT ~ 3-29-99 5c. CONDITIONAL USE PERMIT NO. 4108 ~ OWNER: Savi Ranch Associates, a California General Partnership, 2030 Main St., Suite #640, irvine, CA 92614 AGENT: William Hobin, P.O. Box 2034, Santa Monica, CA 90401 LOCATfON: South of the terminus of Puliman Street at Oid Canal Road. Property is 2.14 acres located south of the comer of Puliman Street and Old Canal Road. To construct a new seif storage faciliry with a building height in excess of 35 feet with waiver of (a) pemitted commercial identification sign, (b) maximum structurai height adjacent to a residential zone, (c) minimum landscape setback adjacent to a residential zone and (d) required site screening adjacent to a residential zone. CONDITIONAL USE PERMIT RESOLUTION NQ. SR1101JK.DOC • o • • • • OPPOSITION: Nor~e ACTION: Continued subject request to the March 29,1999 Planning Commission meeting in order for the applicant to address s4aff's concerns. , VGTE: 6-0 (Commissioner Williams absent) DISCUSSfOfV TIME: This item was not discussed. 03-15-99 Page 15 6a. CEQA NEGATIVE DECLARATION Approved 6b. RECLASSIFICATION N0. 98-99-01 Granted, unconditioraliy OWNER: City-Initiated, 200 South Anaheim Blvd., Anaheim, CA 92805 LOCATION: 1773 West Lincoln Avenue. Property is 0.19 acre located on the north side of Lincoln Avenue, 662 feet east of the centerline of Crescent Way. To reclassify subject property from the ML (Limited Industrial) Zone to the CL (Commercial, Limited) Zone. RECLASSIFICATION RESOLUTION N0. PC99-46 • • e • • • Jan Meyers, 1771 Wes: Lincoln, Anaheim, CA: Asked if there would be any effect on the equipment rental next door to it? She also asked if ever sold, woulcl it automatically be re-zoned commercial since it is Limited Industrial7 Chairman Bristol: Responded it would be Commercial Limited. J~n Meyers: She asked whether it would automatically change when sold? Chairman Bristol: Responded yes and asked her if she was considering an expansion of the equipment yar~ to that building? Jan Meyers: Responded no but wanted to know what effect it would have? Cheryl Flores: The generai plan designation for equipment rental property directly to the east was General Commercial and will stay zoned ML (General Commercial) un~ess the property or City initiates re- zoning of that property? ~ Jan Meyers: She asked if the City could rezone it7 Cheryl Flores: They could initiate rezoning, although it is not being done as a part of this request. The only action before the Commission today is the property at 1773 West Lincoln Avenue. THE PUBLIC HEARING WAS CLOSED. OPPOSITION: None.ll concerned person spuke. ACTION: App ~oved Negative Declaration Granted Reclassification No. 98-99-01, unconditionally. VOTE: 5-0 (Commissioners Boydstun and Williams absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 3 minutes (2:35-2:38) 03-15-99 Page 16 7a. CEQA NE~ATIVE DECLARAT~ON (PREVIOUSLY-APPROV 7b. CONDITIONAL USE PERMIT N0. 3817 (READVERTISED) OWNER: Lederer Anaheim Limited, Attn: Les Lederer, 1990 Westwood Bivd., Third floo~, Los Angeles, CA 90025 AGENT: Ted Holcum and Pam Marcum, 1440 South Anaheim 131vd., Anaheim, CA 92805 ! OCATION: 1440 Sauth Anaheim Boulevard - Anaheim Indoor Marketplace. Property is 14.74 acres located at the northeast corner of Cerritos Avenue and Anaheim Boulevard. To consider reinslatement of this pen~nit which currently has a time limitation (approved on March 17,1997, tc expire on March 17, 1999) to retain an indoor entertainmsnt center and outdoor event area. CONDITIONAL USE PERMIT RESOLUTION N0. PC99-47 Approved reinstatement (To expire 4-22-01) ~' FOLLOWING IS A SUMMARY OF THE.PLANNING COMMISS.ION A,CTION: (Commissioner Qostwick declared a con8ict of interest because he owns property within 1,000 feet of subject site. j ApplicanYs Statement: Steven Weisbarth: GenFial Manager, Indoor Marketplace, 1440 South Anaheim Blvd., Anaheim, CA: Asked to waive 14c-25 under the Recommendation af the staff report regarding sidewalk on the Cerritos property frontage. In 1997, they applied for a conditional use permit for a building that they never built. At that time, the City asked for a sidewalk on Cerritos. They feel the condition that does not apply to this conditional use permit. The business is deemed as a destination point where customers come in their own car or shuttle busses. There is no pedestrian traffic on the Cerritos side. THE PUBLIC HE.4RING WAS CLOSED. Cheryl Flores, Senior Planner: Stated the original staff report did not have the entire print out of th•e condition. The last sentence was left out. She indicated the applicant would be given a copy of full condition and then read the condition into the record. Melanie Adams, Associate Civii Engineer, Public Works Department: Stated they requested this condition due to pedestrian activity associated with the marketplace. When the original marketplace went in it was viewed as a short term, temporary operation. Now it appears to be a permanent, long term use of the property. Both the indoor entertainment center and the outdoor event area generate considerable amount of patrons and some of them are pedestrians. Public Works feels it is now appropriate to install sidewalks. Steven Weisbarth: Most people who patronize come by car. Even though there are pedestrians, the traffic light is at the corner of Cerritos and Anaheim and pedestrians would cross the street at the light and enter the marketplace on the Anaheim Boulevard side. Chairman Bristol: Asked if there was a sidewalk on Anaheim Boulevard? Commissioner Boydstun: Responded that there is a sidewalk on Anaheim Boulevard. Chairman Bristol: Advised he was ihe only one on the Commission at the time ~hen the marketplace started and he recalled it was as a temporary use to see if it would work. If you take the amaunt of times the applicant has been to Commission over the last 8 years, it demonstrates an intensification of the use. 03-15-99 Page 17 Whether the appiicant feels that a lot of people come to the site through Cerritos or not, the fact is it is public. A sidewaik will probably be required in the year 2001 when all the uses come up for consideration again, if it is not required right now. Commissioner Boydstun: Suggested the applicant put the sidewaik from the corner back to the second driveway, that would cover most of the traffic that does walk in. Mr. Weisbarth: Consulted with someone from his staff. He then stated they are concemed about some utilities. He also stated he assumes that he N~ill be given a reasonable amount of time to comply because they just found out about this last week. Commissioner Boydstun: Asked Ms. Adams what the applicant would have to do if they would do install the sidewalk. Melanie Adams: A9vised they would show a plan of what they would like to do in order to obtain the permit. Mr. Weisbarth: Asked if it were over the counter? Melanie Adams: Stated yes, it cou~d be done in a very short period of time. Commissioner Bo+,•dstun: She suggested conditioning it tu be completed within 120 days. Melanie Adams ~ Said they would agree to 120 days, but the landscaping portion needs a plan approval. They would also be agreeable if he installed the sidewalk and the applicant needed more time to get his plans approved. Commissioner Koos: Asked for a clarification of the what tha applicant agreed to. Cammissioner Boydstun: Stated the sidewalk will be put in pass the second driveway from the corner going east. By going to the second driveway, they can cut straight over to the building without having to go completely through the parking lot which is a shorter area and less of a hazard. Mr. Weisbarth: Stated it was not to scale. Commissioner Boydstun: Suggested instead of the second driveway to take it to the sidewalk from the corner to the driveway that is just about straight across to the corner of the building. Chairman Bristol: Clarified it would be a west elevation. Commissioner Boydstun: People who cross the street and are walking on the street have a more direct route than veering through the parking lot to get in. Mr. Weisbarth: He agreed. OPPOSITION: None ACTION: Determined that the previously-approved negative declaration is adequate to serve as the required environmental documentation for subject req=.;;-,f. Approved reinstatement of Conditional Use Permit No. 3817. Amended Resolution No. PC97-29 as follows: Modified Condition No. 1 to read as follows: That this conditional use permit shall expire on April 22, 2001, or in conjunction witti the ciosing of the indoor swap meet, whichever occurs first. 03-15-99 Page 18 Added the following conditions of approval: 24. That the parking lot shall be maintafned free of debris at all times. 25. The property owner shall obtain a Right-of-Way construction permit to install sidewalk along Cerritos Avenue, starting at the corner of Cerritos Avenue and Anaheim Boulevard going east to the second driveway which lines up with the setback ofi U~e west building elevation. The sidewalk shall be 5 feet wide and shall be insialled adjacent to the right-of-way line. A landscaped parkway, including trees approved by the Parks Division, shall be planted between the curb and sidewalk. The improvements shall be complete within one hundred twenty days (120) of approval of the reinstatement. 26. That witnin 30 days from the date of this resolution, landscaping shall be planted around the above ground large meter or fire line to screen if ftom view of the public right-of-way. VOTE: 5-0 (Commissioners Bostwick and Wiliiams absent) Selma Mann, Assistant City Attorney, presented tne 22-day appeal rights. DISCUSSION TIME: 14 minutes (2:39-2:53) 03-15-99 Page 19 8a. CEQA NEGATIVE DECLARATION Approved 8b. CONDITIONAL USE PERMIT N0.1215 (READVERTISED) Approved, as • readvertised OWNER: Kenney Golf Enterprises, Inc., 3200 East Carpenter Avenue, Anaheim, CA 92807 AGENT: Fred Kenney,1893 Taylor Road, Roseville, CA 95661 LOCATION: 3200 East Carpenter Avenue - Camelot Golfland. Property is 5.89 acres located on the south side of Carpenter Avenue, 80 feet east of the centerline of Shepard Street. To permit the construction of additional second floor area within an existing clubhouse building and to permit a Lazertag facility, additional banquet/arcade space and ihe outdoor relocation of an existing interior "Softplay" playground within an existing arcade/amusement center and miniature ~olf course. CONDITIONAL USE PERMIT RESOLUTION N0. PC9~-48 i 14TW.DOC e • e • • . ApplicanYs Statement: Fred Kenney: One of the owners of Camelot Golfland. Stated they ~vant to modify their conditional use permit to add approximately 1,500 square feet to Castle Arcade building to allow them to put in lazertag in the second floor arcads room. They want to move the softplay area outside, possibly near the gazebo, but they are still reviewing that. ' THE PUBLIC HEARING VVAS CLOSED. Commissioner Boydstun: Asked ii he was going to continue to have birthday parties and space for them? Fred Kenney: Responded yes. Chairman Bristol: Stated they had a discussion that morning abnut Condition No. 2 on page 5 of the staff report and asked if he had a walkway in-front of his building? Fred Kenney: Responded yes there is a sidewalk in front of the building. When the project was initially approved, they were in an industrial area and there was a waiver for sidewalks, but as they constructed further, they put sidewalks in front. Chairman Brisiol: Asked if he had sidewalk all along the building? Fred Kenney: Responded yes. Melanie Adams, Associate Civil EnginPer: Asked Mr. Kenney to describe the property that they own and lease for clarification. Fred Kenney: Stated ihere are two parcels; 6 acres where the miniature golf course and castle are located. They also own property across the street on Carpenter Ave. and La Palma; two acres is paved and two acres vacant with a strawberry field. Melanie Adams: Asked if there were sidewalks on the Shepherd Street frontage? 03-15-99 Page 20 ~ Fred Kenney: Responded the pavement on their property goes to the curb, and the vacant property has no sidewalks. There is a pav~d walkway ali the way to their building from the bus stop. ' Commissioner Koos: Asked if they can not figure out the gazebo area, are they going to eliminate the softplay area? Fred Kenney: Responded the softplay area is modular. They can put the bulk of it in Northern California and if they can they wili reserve some of it to put in the gazebo area. !t is hard to say if it is going to work out due to the gazebo's irregular shape. Commissioner Koos: Sfated he was surprised that staff feit so strongly about that item and asked if it was because of the issue of aesthetics from the freeway? Chery- Flores, Senior Planner: Responded yes. They felt it may not blend in as well as with the nice landscaping and the outdoor golf area. They felt it would be better if it were contained witi~in the building. Fred Kenney: Indfcated they are in agreement with that. Melanie Adams: Stated given the new testimony that there is some paved surface of some kind all the way to the building, Condition No. 2 can be deleted. OPPOSITION: None ACTION: Approved Negative Declaration Approved revised plans (Revision No. 5) for Conditional Use Permit No.1215 with the following changes to the conditions of approval: Deleted Condition No. 2. VOTE: 6-0 (Commissioner Williams absent) Selma Mann, Assistant City Attorney, presented the 22-day appeai rights. DISCUSSION TIME: 6 minutes (2:54-3:00) 03-15-99 Page 21 9a. CEQA NEGATIVE DECLARATION I Continued to 9b. WAIVER OF CODE REQUIREMENT 4-12-99 9c. CONDITIONAL USE PERMIT N0. 4105 (READVERTISED) OWNER: Levon and Meline Keorjikian, 202 W. Lincoln, #E, Orange, CA 92865 AGENT: Ponderosa Property Management, 202 W. Lincoln, #E, Orange, CA 92865 LOCATION: 3331-3339 East Oranaethorpe Avenue. Property is 1.21 acres located at the northwest corner or Orangethorpe Avenue and Crowther Avenue. To establish conformity with existing Zoning Code land use requirements for an existing commercial retail center and an existing convenience market with sales of alcoholic beverages for off-premises consumption and to permit a church within the same commercial retail center with waiver of minimum number of parking spaces. CONDIT(ONAL USE PERMiT RESOLUTION N0. ' FOtLOWING •ISA SUMMARY OF THE PLANNING COMMISSION ACTION Chairman Bristol: Asked the applicant if he was at the mornings session? Scott Lively, Associate Pastor: Stated no. Cheryl Flores, Senior Planner: Stated, for the applicants information, it was discovered ~hat when this was advertised staff thought there was a convenience market on this si±e with retail sales of beer and wine, but in fact it is a liquor store with sales of alcoholic beverages. It is therefore necessary for staff to re- advertise this request properly and continue it for two we~ks. Scott Lively: They are mainly interesied in getting into the property and be able to use it as a church as soon as possible. Since they are required to bring the whole property into compliance, they now have to address all the issues of the other users of the property. Chairman Bristol: Asked him if he owned the site and if the landlord was present7 Scott Lively: Responded no they do not own the property and the landlord was not present but he was spe~king on behalf of the land owner. Chairman Bristol: Explained to Mr. Lively that the Commission was not able to act on anything today, but the applicant was welcome to give testimony anyway? Scott Lively: Stated yes, it was their project to get the church in and the owner of the property has allowed them to proceed forward trying to bring everything up to compliance. He stated the liquor store has been there for about 15 years and has not created any significant problems in the community. They are asking that Commission waive Condition No. 10 to allow the public phones to remain outside instead of moving them into the building. Commissioner Boydstun: Informed Mr. Lively that public telephones are usually required to be moved inside because they tend to cause problems. 03-15-98 Page 22 Scott Lively: Stated he can understand the rational for that, but for this particular case, it has been operating like this for a long time. Page 4, item 20 of the staff reports stated the Police Department indicated that there were S service calis at this market over the course of a year. It is not considered excessive for a commercial center along a major arteriai. He felt that since it has not been a problem that this condition could be waived. Commissioner Esping: Stated that particular item would be the responsibility of the liquor store. Commissioner Boydstun: Stated yes but they would have to get them to do it. Scoti Lively: Said that conceivably ihey are not going to be able to use the property until they get the store up to compliance. Chairman Bristol: Stated this condition does not typically get waived. Scott Lively: Asked that Condition No. 16, regarding beer being sold in packages containing less than a 6- pack be addressed? Chairman Bristol: Stated that condition again it is typical. Scott Lively: Stated he understood but was just trying to make his case. Condition No.19 regarding hours of o~~eration were submitted with the original request and asked whether they can operated according to those hours for the same reasons that they have asked for the other items? Condition Nos. 21 and 28 - they have no problem with adding trees but would like to have it postponed until sometime after they have moved in because they do not currently have very much money. They would like to be able to add a tree or two a month until they are all planted. He thought perhaps 6 months would be sufficient. They would probably have it done sooner but would like sufficient time to comply. He also requested sufficient time to get the address numbers on the roof. Condition No. 32, replacement of the pole sign, represents a considerable expense. 7h~s item may not be within their responsibility but would like it to be able to stay as it is. They do not have the funds to change it and this could jeopardized their whole project. They would !iRe to go in and use property for church services. They have been working hard on property and landscaping tu get it to compliance. Commissioner Esping: Asked him if the liquor store owner was willing to help them with these items? Scott Lively: Stated he thought the liquor store owner is upposed to them because they are currently "grandfathered". Simply beca~se the church is moving in, they are faced with having to make changes, so they are not interested in helping the church achieve their goals. Cheryl Flores: Explained the only way the church can be permitted is to establish conformity for the liquor store and the commercial retail center and the conditions shown in the report are recommended. Ghairman Bristol: Asked if land owner and liquor store owner were the same? Scoft Lively: Responded no. Chairman Bristol: Asked if Mr. Lively understood that it cannot be another conforming use that is in a nonconforming usel Scott Lively: Responded he understood but is just asking for flexibility in approaching this situation considering the fact that this business has been in operation for 15 years at that site with these thinc~s in existence. They want to upgrade the entire section of the neighb~orhood. They feel that they will be a benefit and that it will overcome whatever disadvantages are presented by the liquor stors. They hope that liquor store someday moves out and they can take over the whole ~ite. 03-15-99 Page 23 Commissioner Boslwick: Stated asked if the landowner is willing fo participate with church with any of this? Scott Lively: Responded minima~ly. The landowner wants the church fn, but at thP same time he has a pr~perty that is ~arginally profitabie and if church was to cause him excessive expense he would back away from project. Commissioner Bostwick: Asked if the owner saw the list? Scott Lively: He only received it at the end of last week so he did not think that t,he owner has seen it Commissioner Bostwick: Said that ~1r. Lively needs to show it to the owner over the next two weeks and show him what the problems are there. Cheryl Flores: Stated they need four weeks, until April 12 in order to get it advertised. Chairmar. Bristol: Asked staff if there was a cliiropractor office on the other side of facility and was it a permitted use. Chery! Flores: Stated a doctors office would be a permitted use, provided it had the parking. The chart on page 2 shows a 1,200 square feet of chiropractor office. Commissioner Boydstun: Asked if the sign .^.Iiange was a necessity, it is not a 30 foot high sign, it is 18 feet. Cheryl Flores: Stated they were unable to locate any building permits for the sign. The reason for the condition was to bring it intn c~mpliance with today's code. However, today's code for a shopping center rather than an 8 foot high allows a 20 - 25 foot high sign. Commissioner Boydstun: Asked if they could eliminate that condition to solve a lot of their problems and the owner might go along with the other things if they could get rid of that? Cheryl Flores: Responded yes. Scott Lively; Stated they want to do everything they can to make the site look better. Chairman Bristol: Stated that he should make sure that the ow;~er knows that they have alcohol on the signs and the windows right now and it is not going to go. Scott Lively: Asked if those items ara on the windows? Chairman Eiristol: Stated it was in the report, no alcohol sales advertisement are to be displayed eutside. Scott Lively: Asked if there was a possibility that the church could get a temporary use of facility prior to next meeting. Commissioner Bostwick: Stated they can not do that. Offered a motion for continuar:ce until April 12, seconded by Commissioner Esping and motion was carried. OPPOSITION: None ACTION: Continued subject reyuest to the April 12, 1999 Planning Commission meeting in order for this item to be properly advertised as an existing liquor store with sales of alcoholic beverages not a convenience market with sales of alcoholic beverages. 03-15-99 Page 24 VOTE: 6-0 (Commissioner Williams absent) DISCUSSION TIME: 15 minutes (3:01-3:16) 03-15-99 Page 25 10a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) Approved 10b. CONDITIONAL USE PERMIT N0. 4014 (READVERTISED) Approved, as readvertised 10c. REQUEST FOR REVIEW AND APPROVAL OF Approved FINAL LANDSCAPE PLANS AND A PLAYGROUND AGREEMENT OWNER: First Southern Baptist Church,1275 East Broadway, Anaheim, CA 92805 LOCATION: 1275 East Broadway - Southern Bantist ChurchlCitv Harvest Christian Academv. Property is 2.45 acres located at the northeast corner of Broadway and Fahrion Place. To permit kindergarten through 12th grade classes in an existing previously-approved private elementary school within a church facility approved for kindergarten through 2nd grade. To review and approve final landscape plans and an agreement with the Anaheim City School District for use of the Lincoln Elementary School playground. CONDITIONAL USE PERMIT RESOLUTION N0. PC99-49 SR1113TW.DOC • • • • • a Chairman Bristol: He asked the applicant if he wanted to comment on the staff report? ApplicanPs Statement: Terry Freeman: Stated no, it is self explanatory. They are primarily requesting for their school to be allowed to operate a maximum of 50 students in kindergarten through 12th grade. THE PUBLIC HEARING WAS CLOSED. Commissioner Boydstun: Asked what type of school this was, is it special education? Terry Freeman: Stated it is just a private Christian School on the Abeka System that is one oF the two main systems used in America. Commissioner Bostwick: Stated that in their letter of operation it mentioned that their school body includes children whose problems hinder their educational advancement and asked Mr. Freeman to elaborate on this. Terry Freeman: He stated they are ~.villing to work with kids that parents a~e finding difficulty in the main classroom Ir~ +he public schooi and opt to go with a private school. Some children who come out of certain home environmants need more one on one attention and their school is willing to work with those students. Their ratio is 8 students per teacher. They have 3 full-day, 2 part-time. Chairman Bristol: Asked if the playground was on Lincoln? Terry Freeman: Responded yes. Chairman Bristol: Asked if they have to cross over the entrance to get there. 03-15-99 Page 26 Terry Freeman: Stated the property where the park is, is owned by the City and leased to the Anaheim Public School System. Where the church property fence runs along the park itself and not the school, it is probably really City property. They had to obtain a dual permit to put in the gate that goes from their parking lot directiy into the park for the two 45-minute periods that they are going to use per day. Currently peopie in the communify climb over an 8 foot fence to go into the park. Chairman Bristol: Asked how the school was going to maintain less than 50 students? Terry Freeman: Many schoois start small and gradually grow. In the future should the use grow to 100 then at that time they will return before Commission. Currently they only have 39 staff membe~s. Commissioner Boydstun: Asked if the school is accredited by the state? . Terry Freeman: Responded that private schools are nat accredited by the State. The program they use is approved by the University of California. Commissioner Esping: Asked if the teachers are credentialed? Terry Freeman: Responded thaf no all the teachers are credentialed, however the director of the school has 21 years in the Public School system. Chairman Bristol: Stated that a 12th grader and a kindergartner in the same playground bothers him. Terry Freeman: The planning of a playground did not include high school students. There are only 5 students between 9 and 12th grade and they are on varying programs according to their needs. At this stage they are not using the playground for them u^!zss they use the parking lot itself. During the week only 6 or 7 spaces out of 140 are used by cars in the parking lot and they are all in the first row against the bui~ding. A number of activities that the high school students involve themselves in do not require a playground. Commissioner Boydstun: Asked if they were going to go through their gate across Lincoln School into the park? Terry Freeman: Stated no, there is a fence that divides the back of the park from the school building that is quite close. They do not have to enter the grounds of the school to go into the park. He can go into the school then go through their area to the park. Where the last building of Lincoln School is towards the park, there is an open area of 30 feet of fenced area that is park on one side and their parking lot on the other side. Commissioner Boydstun: Asked if it was on the school property and not on the park property? Terry Freeman: Responded it is on the park property. Commissioner Boydstun: They are located between the school and the Pancake House restaurant. Paul Bostwick: It is actually connected behind the Pancake House which is City property where they are actually guing to play and in the end there are two agreements, one with the City and one with the school. Commissioner Esping: Asked what are some of the needs that would precipitate a parent wanting their children to go to this school? Terry Freeman: Stated 80% are there because it is a small Chr~~tian school. The other 20% have not done well at all in any p~blic or private school. The success of the school is attributed to the fact that they are able to work at whatever curriculum level the student is functioning at. Comn~issioner Koos: Asked if the stipulation should be included regarding the grade changes? 03-15-99 Page 27 Cheryl Flores: If the Commfssfon takes an action today, whatever grades they permit wiil be reflected fn the resolution. OPPOSITION: None ACTION: Determined ihat the previously-approved negative declaration is adequate to serve as the required environmental documentation for subject request. Approved modification to Conditional Use Permit No. 4014 permitting kindergarten through 12th grade classes with a maximum of fifty (50) students. Modified Resolution No. PC98-83 as follows: Amended Condition No. 3 to read as follows: That the petitioner shall submit one of the following to the Zoning Division prior to commencement of the 1999 Fall school semester: (a) A written agreement with the Anaheim City School District granting permission to utilize the playground at Lincoln Elementary School for the 1999-2000 school year and any subsequent years, to the Zoning Division of the Planning Department prior to commencement of the Fall school semester. Said agreement shall indicate the times, iocation and any pertinent restrictions imposed upon the private school; or (b) The petitioner shall adequately enclose a portion of the southwest corner of the property to ensure a safe playground area for the school children. Plans for the playground area, including materials used for enc~osing the playground area and any playground equipment, shade coverings, etc., shall be submitted to the Zoning Division of the Planning Department for review and approval of the Planning Commission as a Reports and Recommendations item. Once approved, the playground area shall be developed and maintained in accordance with the plans. ACTION: Commissioner Koos offered a motion, seconded by Commissioner Napoles and MOTION CARRIED (Commissioner Williams absent), that the Anaheim City Planning Commission does hereby (a) approve the Final Landscape Plan with the amendment that the existing 3 to 5-foot wide landscape planters adjacent to Fahrion Place shall be expanded to incorporate the adjacent asphalt areas that will not be used for parking spaces (as shown on the original site plan), and (2) approve the Facilities Use Agreement between City H2rvest Christian Academy and the Anaheim City School District for use of the Lincoln Elementary School playground. VOTE: 6-0 (Commissioner Williams absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 15 minutes (3:17-3:32) 03-15-99 Page 28 11a. CEQA NEGATIVE DECl.ARATION Approved 11b. CONDITIONAL USE PERMIT NO. 4107 Granteu for 5 years OWN~R: Euclid Shopping Center, 2293 West Ball Road, Anaheim, ('~'o expire 3-15-2004) CA 92804 AGENT: Mr. John Hawkings,1900 South Palm Canyon Dr., #5-36, Palm Springs, CA 92264 Klaus Barre',17911 Sky Park Circie, Suite C, Irvine, CA 92614 LOCATION: 1618 West Katella Avenue - Euclid Shopnina Center Property is 18.6 acres located at the southeast corner of Katella Avenue and Euclid Street. To construct a walk-up and drive-through fast food restaurant with outdoor seating within an existing commerciai retail center. CONDITIONAL USE PERMIT RESOLUTION N0. PC99•50 043KP.DOC • • • • • • ApplicanYs Statement: Klaus Barre', Keller-Barre' Architects, representing Casablanca Express: Stated he has read the staff report and was in agreement with the conditions of approval. THE PUBLIC HEARING WAS CLOSED. Commissioner Boydstun: Asked if the wooden fence around the outside eating area would it be painted7 Klaus Barre': Responded yes. Chairman Bristol: Asked if this is a brand new concept or a chain? Klaus Barre': Responded it is a new concept. They hope that will be successful and perhaps develop ultimately into a chain. Chairman Bristol: Asked what kind of food would be served besides a cappuccino? Klaus Barre': Cappuccino and beverages are the main items. The food that would be offere~ would be very limited, pre-cooked anci assembled and packaged off-site. OPPOSITION: None ACTION: Approved Negative Declaration Granted Conditional Use Permit No. 4107 for 5 years (to expire March 15, 2004) with the following changes to conditions: Modified Condition No. 25 to read as follows: 25. That the outdoor seating area shall be limited to four tables and eight seats and 03-15-99 Page 29 that the wood fence around the outdoor seating area shail be painted. VQTE: 6-0 (Commissioner Williams absent) Selma Mann, Assistant Ciry Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 2 minutes (3:33-3:35) 03-15-99 Page 30 12b. CONDITIONAL USE PERMIT N0. 2750 (READVERTISED) ~ OWNER: Hanford Hotels, LLC, Attn: Peter Trapolino, 4 Corporate Plaza, Suite 102, Newport Beach, CA 92660 AGENT: CRHO Mark Spat 2,195 South "C" Street #200, Tustin, CA 92780 LOCATION: 201 North Via Cortez - Hanford Hotel. Property is 2.81 acres located on the west side of Vfa Cortez, 930 feet north of the centerline of Santa Ana Canyon Road. To amend or delete conditions of approval to re-design an existing parking lot layout with reciprocal access and parking with the adjacent commercial retail center. CONDITIONAL USE PERMIT RESOLU710N NO. PC99•51 Approved amendment to conditions of approvai e • • s • • Applicant's Skatement: Peter Trapolino, Hanford Hotels: Stated he had read the staff report and was in agreement with the recommendations. Although he asked for a clarification on Condition No. 38. This property was an old Albertson's Supermarket and now is an L.A. Fitness. They are in the process of adding a lot of landscaping and putting in parking stalls where there used to be truck docks. The back of that shopping center with the LA Fitness has been approved and they are doing some major face-lifting on the back. He wanted to ensure that this condiiion did not go any further than what is going on there now. THE PUBLIC HEARING WAS CLOSED. Cheryl Flores, Senior Planner: The Zoning Division staff has talked with the owner of the adjacent property. It is their understanding that the plans in progress are to paint the back of the building and to provide some additional landscaping in the planters. That would suffice t~~ meet the intent of this condition. The condition states that the that the developer will work with ;he adjacent property owner and that is what is already being done. Chairman Bristol: Asked about the removal of 40 trees? Peter Trapolino: The bulk is a row of ficus that is cut into a hedge. In the shopping center there is a long driveway and with a small 5-foot planter, followed by a driveway. Basically, they are going to combine this into one driveway and add some landscaping in other areas to replace the landscape removed. 'fhe bulk of the trees are the ficus type hedge, however they will be replacing all the trees. Chairman Bristol: He understood they are going to level the sight and they are not going to have a higher elevation, going down to the next site. Cheryl Flores: The plans do show that the code required trees will be provided. However, stafF requests that the applicant plant additional trees due to the amount of trees that are lost. Staff would appreciate that that the landscaping be maintained as much as possible as is lhere now. Peter Trapolino: Responded they would be happy to work with staff. OPPOSITION: None 03-15-99 Page 31 ACTION: Determined that the previously-approved negative declaration is adequate to serve as the required environmental documentation for subJect request. Approved revised plans, Exhibit Nos. 7, 8, 9, and 10 for Conditional Use Permit No. 2750 to ailow a parking lot redesign with reciprocal access and parking. Modified Resolution No. PC86-31 as amended by Resolution Nos. PC86-63, PC86-118, PC87-168 and PC98-186 by adding the following new conditions: 31. That a minimum of ten {10), minimum 24-inch box in size trees shall be pianted in accordance with approved Exhibit No. 7~aid information shall be specifically shown on plans submitted for Zoning Division approval. 32. That a landscape and irrigation plan for the redesigned parking lot area shali be submitted to the Planning Department for Zoning and Building Oivisions' review and approval. Any decision made by the Zoning and Bui~ding Divisions regarding said plan may be appealed to the Planning Commission. 33. That the existing on-site mature trees adjacent to Riverside (SR-91) Freeway on-ramp shall be maintained. That any existing tree or any new tree planted on-site shall be replaced in a timely manner with one minimum 24-inch box size tree in the event that it is removed, damaged, diseased and/or dead. 34. That a public utilities easement, to be determined as design is comp~eted, shall be submitted to the City of Anaheim. 35. Thaf any required relocation of City electrical facilities shall be at the expense of the developer. 36. That sewer and storm drain improvements serving the development shall be privately maintained. 37. That trash storage areas shall be refurbished to the satisfaction of the Public Works Department, Streets and Sanitatio~ Division to comply with approved plans on file with said Department. 38. That the developer shall work with the adjacent property owner to improve the rear elevations of the commercial center (facing the hotel) to improve the appearance of the buildings which will become more visible due to the integrated parking lot design. Improvements may include but are not limited to additional landscaping adjacent to the buildings or a complementary paint scheme to unify the commercial center and the hotel. Said improvements shall be shown Qn plans submitted for the review and approval of the Zoning Division. Any decision made by the Zoning Division regarding said plans may be appealed to the Planning Commission. 39. That the parking lot layout and reciprocal access shall be developed substantially in accordance with pians and specEfications submitted to the City of Anaheim by the petitioner and whicl7 plans are on file with the Planning Department marked Exhibit Nos. 7, 8, 9 and 10 and as conditioned herein. 40. That prior to commencement of the activity authorized by this resolution, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 31, 32, 34, 35, 37, 38 and 39, 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. 03-15-99 Page 32 VOTE: 6-0 (Commissioner Williams absent) Selma Mann, Assistant City Attomey, presented the 22-day appeal rights. DISCUSSION TIME: 5 minutes (3:35-3:40) 03-15-99 Page 33 13a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROV 13b. CONDITIONAL USE PERMIT N0. 3900 (READVERTISED) OWNER: Grimmway Oevelopment, Limited, 760 North Euclid Street, #2C7, Anaheim, CA 92801 AGENT: Grimmway Management Company, Attn: Jeff Meger, 760 North Euclid St., #207, Anaheim, CA 92801 LOCATION: 760 North Euclid Street. Suites 211-213 -The Church of the Rose. Property is 1.59 acres located on the east side of Euclid Street, 380 feet south of the centerline of Catalpa Drive. To consider reinstatement of this permit which currently contains a time limitation (approved on January 22, 1997, to expire on January 22, 1999) to retain a church in an office building. CONDITIONAL USE PERMIT RESOLUTION N0. PC99-52 Y~+'vvcu Approved reinstatement (To expire 1-22-04) II SR1049VK DOC • • a • • • ApplicanYs Statement: Joel Hipps, 760 North Euclid Street, Suite 212, Anaheim: Stated he read the staff report and was in agreement with the recommendations. OPPOSITION: None ACTION: Determined that the previously-approved negative declaration is adequate to serve as the required environmental documentation for subject request. Approved reinstatement of Conditional Use Permit No. 3900 to expire on January 22, 2004. Modified Resolution No. PC57-6 as follows: Amended Condition No. 5 to resd as follows: 5. That this Conditional Use Permit shall expire on January 22, 2004. Added the following condition: 11. That the owner of subject property shall submit a letter requesting termination of Variance No.1716 (to waive the maximum area of a free-standing sign and maximum sign height) to the Zoning Division. VOTE: 6-0 (Commissioner Williams absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 4 minutes (3:41-3:45) 03-15-99 Page 34 MEETINC ADJOURNED AT 3:45 P.M. TO MONDAY, MARCH 29,1999 AT 10:30 A.M. FOF? A CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) WORKSHOP. Submitted by: ~~a.sL ~-~-.,'-tis~s~ Ossie Edmundson Senior Secretary ~~- g~~ ^`,~`' Simonne Fannin Senior Office Specialist ~~~G~~(%~C Danielle Masciel Word Processing Operator U3-15-99 Page 35