Minutes-PC 1994/10/03n
ACTION AGENDA
REGULAR MEETING OF THE ANAHEIM CITY PLANNING COMMISSION
MONDAY, OCTOBER 3, 1994
11:00 A.M. - PRELIMINARY PLAN REVIEW
(NO PUBLIC TESTIMONY ACCEPTED)
t:30 P.M. - PUBLIC HEARINGS BEGIN (PUBLIC TESTIMONY)
COMMISSIONERS PRESENT: BOYDSTUN, CALDWELL, MAYER, PERAZA
COMMISSIONERS ABSENT; HENNINGER, MESSE, TAIT ',
PROCEDURE TO EXPEDITE PLANNING COMMISSION PUBLIC HEARINGS
1. The proponents in applications which are not contested will have five minutes to present their
evidence. Additional time will be granted upon request ff, in the opinion of the Commission,
such additional time will produce evidence Important to the Commission's cons(deration.
~-- 2. In contested applications, the proponents and opponent will each be gNen ten minutes to
~ present their case unless additional time is requested and the complexity of the matter warrants.
The Commission's considerations are not determined by the length of time a participant speaks,
but rather by what is said.
3. Staff Reports are part of the evidence deemed received by the Commission in each hearing.
Copies are available to the public prior to the meeting.
4. The Commission will withhold questions until the public hearing is closed.
5. The Commission reserves the right to deviate from the foregoing if, in Its opinion, the
ends of fairness to all concerned will be served.
6. All documents presented to the Planning Commission for review in connection with
any hearing, including photographs or other acceptable visual representations or ~
non-documentary evidence, shall be retained by the Commission for the public
record and shall be available for public inspections.
7. At the end of the scheduled hearings, members of the public will be allowed to speak
on items of interest which are within the jurisdiction of the Planning Commission,
and/or agenda Items. Each speaker will be allotted a maximum of five (5) minutes to
speak.
AC100394.WP
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Approved
Granted
Granted
OWNER: MANUEL GARCIA and RUDY A. BALDERRAMA, 1200 S. 4-0
Highland Ave., #108, Fullerton, CA 92632
LOCATION: 606 East Orangewood Avenue. Property is approximately
0.34 acre located on the south side of Orangewood Avenue
and approximately 156 feet west of the centerline of Spinnaker
Street and further described as 606 E. Orangewood Avenue.
To permit a church with waiver of minimum setback for institutional uses
adjacent to residential zone boundaries and maximum structural height adjacent
to residential zones.
Continued from the April 4, May 2, June 27, August 8, August 22, and
September 19, 1994, Planning Commission meetings.
CONDITIONAL USE PERMIT RESOLUTION NO. PC 94.130
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
~- OPPOSITION: None
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PrTITIONER'S COMMENTS: Pastor Woody Balderrama, agent, asked if the hours of service could be
modified to 9:OOp.m. on Sunday and Tuesday and to 9:30p.m. on Friday
and Saturday. (page 7 of the staff report)
THE PUBLIC HEARING WAS CLOSED.
COMMISSION COMMENTS:
Commissioner Peraza asked if the ramp in front could be removed and some landscaping added to that
area. (Mr. Balderrama responded it could.)
Commissioner Peraza asked if the cross would be lighted and Mr. Balderrama responded it would not.
ACTION: Approved CEQA Negative Declaration. (Findings in Paragraph No.18 of the staff report)
Granted waivers of Code requirement - (Findings in Paragraph 24 of the staff report, and on
the basis that the size and location is very similar to a church Just down the street, and the
use is compatible with the area.)
Granted Conditional Use Permit No. 3669, (Findings in Paragraph No. 25 of the staff report);
and subject to petitioner's stipulation that the access ramp shown in the front setback area Is
removed, with landscaping provided in that area; and also that the cross will not be
illuminated, and subject to the following modifications and addition to conditions of approval:
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Condition No. 2 modified to read:
A~1 2. That hours of evening services or activities shall be limited to 8:30 p.m.
6 ~, on Sunday and Tuesday, and 9:30 p.m. on Friday and Saturday.
Condition No. 13 modified to read:
13. That subject property shall be developed substantially in accordance
wfth plans and specKications submitted to the City of Anaheim by the
petitioner and which plans are on file with the Planning Department
marked Revision No. i of Exhibit Nos. 1 through 4, and Exhibit No. 6;
provided, however, that revised plans shall be submitted to and
approved by the Planning Department staff showing that the access
ramp in the front setback area has been eliminated and landscaping
provided in that area.
Add Condition as follows:
That the cross affixed to the steeple shall not be Illuminated.
VOTE: 4 yes votes
(Commissioners, Henninger, Messe & Tait absent)
Selma Mann, Deputy City Attorney, presented rights of appeal.
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2a. CEOA NEGATIVE DECLARATION Approved
2b. WAIVER OF CODE REQUIREMENT Approved
2c. CONDITIONAL USE PERMIT NO. 3719 Granted
OWNER: CANYON PLAZA SHOPPING CENTER, Attn: James E. Dobrott, 3146
Redhill Ave., Ste. 150, Costa Mesa, CA 92626
AGENT: ESSEX REALTY MANAGEMENT, Attn: Bettina Scholar, 3146 Redhill Ave.,
Ste 150, Costa Mesa, CA 92626
LOCATION: 5717 E. Santa Ana Canvon Road. Property is approximately 8.06 acres
located at the northeast corner of Santa Ana Canyon Road and Imperial
Highway.
To permit the on•premise sale and consumption of alcoholic beverages in conjunction
with a semi•enclosed restaurant/public dance hall with outdoor dining area with waiver
of minimum number of parking spaces.
Continued from the September 19, 1994 Planning Commission meeting.
CONDITIONAL USE PERMIT RESOLUTION NO. PC94131
OPPOSITION: None
PETITIONER'S COMMENTS:
Phillip Anthony, agent, representing Foxfire Restaurant, explained they are tenants in this
shopping center and the request is to add additional dining area outdoors in the patio area,
plus add a smaller outdoor patio area for bar and dancing area. He stated they have
worked to resolve all the key Issues and will comply with all the recommendations.
Concerning the relocation of the sign, he explained the outdoor dining area will be in front
of the present sign and they will propose moving the same sign to another location on the
front of the building. He presented an exhibit which had rot been previously submitted.
Jonathan Borrego, Senior Planner, responded that sign relocation would be acceptable as
long as it complies with ail the codes, pointing out the sign cannot be above the roof Tine
since roof mounted signs are not allowed in the Scenic Corridor.
Mr. Anthony responded h is definitely not Intended as a roof sign.
THE PUBLIC HEARING WAS CLOSED.
Commission Comments:
Chairwoman Boydstun pointed out the words "and driveway locations' should be deleted
from the third line of Condition No. 8.
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Jonathan Borrego explained that ff the relocation of the sign conforms with Code
requirements, the Commission will not need to see the plans
Commissioner Peraza stated access to the outdoor dining area has to be through the
dining area and that has to be controlled. (Jonathan Borrego responded that is included in
Condition No. 1.)
ACTION: Approved NegatNe Declaration (Findings (n Paragraph 17 of the staff report)
Approved Waiver of Code Requirement (Flndfngs -Paragraph 24)
Granted Conditional Use Permit No. 3719 (Findings -Paragraph 25)
Modified Condtion No. S to read a~ follows:
8. That plans shall be submitted to the City Traffic and Transportation Manager
for his review and approval showing conformance with the latest revision of
Engineering Standard Plan Nos. 436 and 602 pertaining to parking
standards. Subject property shall thereupon be developed and maintained
in conformance with said plans.
VOTE: 4-0 (Commissioners Henninger, Messe and Taft absent)
Selma Mann, Deputy City Attorney, presented the appeal rights.
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3a. CEOA NEGATIVE DECLARATION
3b. CONDITIONAL USE PERMIT NO.3545 Readvertised
OWNER: LEDERER-ANAHEIM LTD., 1990 Westwood Blvd., 3rd Floor, Los
Angeles, CA 90025
AGENT: JOHN SCHROEDFR, 1440 S. Anaheim Blvd., Anaheim, CA 92805
LOCATION: 1440 South Anaheim Boulevard. Property is approximately 14.7
acres located at the north east comer of Cerritos Avenue and
Anaheim Boulevard
To delete or modHication to a condkion of approval pertaining to the time limitation
of a previously approved batting cage and outdoor stereo/alarm Installation facility
and to permit window tinting and fire and rim installation in addition to the
previously approved uses.
CONDITIONAL USE PERMIT RESOLUTION NO. PC94-132
Approved
Granted, as
readvertised, for a
period of 1 year
(to expire 9-21-95)
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FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
OPPOSITION: None
PETITIONER'S COMMENTS:
Tom Keivet, Attorney, 2700 S. Anaheim Boulevard, Anaheim, representing the owner,
explained this is a request for a time extension for the automobile stereo/alarm installation
facility and for the addition of window tinting and fire service. Basically they agree with the
additional conditions; however, they would like to have the time extended for more than
just one year as recommended by staff, so that N at least coincides with the underlying
CUP for the Marketplace, which he thought was for 6 more years. He explained they were
here about a year ago asking for an extension of this same use.
THE PUBLIC HEARING WAS CLOSED.
Chairwoman Boydstun explained historically, there have been a lot of problems with fire
service uses and that if they had Just asked for the time limit to be removed for the other
uses, there would not be a problem, but there have been a lot of problems in different
areas of the city.
Mr. Keivet asked ff there would be the same concerns ff the request had Just been for rims
and not the tires.
Chairman Boydstun responded there have been problems because other facilities were not
getting rid of the tires.
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not problemsrthere will betno problem when theyhcomeiback forta timerlextensionere are
Chairwoman Boydstun asked ff they would like to request a continuance. Mr. Keivet
responded he would recommend going forward with staff's recommendation and then
asking for removal of that condition at the end of the one year time period.
Selma Mann, Deputy Ciry Attorney, stated if a petition is granted with a time Iimk, it wlli
terminate at the end of that time period, and there is no guarantee that ft will be continued.
If someone requests that the Planning Commission delete that condition, the Commission
can consider it and consider what has gone on.
Mr. KeNet asked ff Chairwoman Boydstun's comments reflect the thinking of the other
Commissioners.
Commissioner Caldwell responded that there is no guarantee that any of the
Commissioners will be here in a year.
Chairman Peraza stated they have done a good job with the outside actNities on this
property.
Mr. Keivet stated they were expecting to have this continued to the end of the CUP for
Marketplace, pointing out there is time and cost involved to come back for these time
extensions every year.
ACTION: Approved Negative Declaration (Findings -Paragraph 11 of staff report)
~... Granted Conditional Use Permit No. 3545, as readvertised, for a period of one year,
and including staff's recommendation regarding disposal of tires.
(Findings -Paragraphs 13, 14 & 15)
Modified Condition No. 1 of Resolution No. PC92-113 to read as follows:
1. Subject uses shall be granted for a period of one year to expire on
September 21, 1995.
Added the following condition:
That the outdoor storage of tires shall be prohibited and all used tires shall
be properly disposed.
VOTE: 4-0 (Commissioners Henninger, Messe and Tait absent)
Selma Mann, Deputy Ciry Attorney, presented appeal rights.
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4a. CEOA NEGATIVE DECLARATION
4b. CONDITIONAL USE PERMIT NO. 3675
Approved
Approved amendment
to conditions of
approval
OWNER: GLENDALE FEDERAL SAVINGS and LOAN ASSOCIATION, 201
W. Lexington Drive, 5th Floor, Glendale, CA 91203
AGENT: DAVID R. JACKSON, EXEC. DIRECTOR, C/0 Fairmont Private
School, 1557 W. Mable Street, Anaheim, CA 92802
LOCATION: 2200 West Seauota Avenue. Property is approximateiy 1.43
acres located on the ~: ~3st side of Sequoia Avenue and
approximately 130 feet west of the centedine of Brookhurst Street.
Amend conditions of approval pertaining to maximum number of teachers and
minimum number of parking spaces for a previously approved private
educational facility.
CONDITIONAL USE PERMIT RESOLUTION NO. PC94133
OPPOSITION: None
PETITIONER'S COMMENTS:
David Jackson, Fairmont School, stated when they attempted to revise the plans to bring
the parking up to 83 stalls, they discovered a few things that would be extremely expensive.
Right now an average of about 8 spaces are being used, and they have SO spaces. He
explained it will be 3 or 4 years before they reach capacity. He stated they are looking for
a satisfactory solution and did come up with a way to reduce the number of teachers and
lower the number of spaces required.
PUBLIC HEARING WAS CLOSED.
ACTION: Found previously approved Negative Declaration adequate to serve as required
environmental documentation. (Findings -Paragraph 9 of the staff report)
Approved request, amended Condition Nos. 1 and 6 of Resolution No. Pc94-51 as
follows: (Findings -Paragraphs 18 & 19 of the staff report)
1. That there shall be a maximum student enrollment of three hundred fifty
(350) students, a maximum number of fifteen (15) teachers, and a maximum
of nine hundred (900) square feet of office use.
6. That a minimum of eighty (80) on•site parking spaces shall be provided (and
shown on the plans submitted for building permits); that all employees and
students shall park on•site; and that the school's administration shall limit
student parking through the use of parking permits so that there is no
overflow parking onto adjacent public streets.
VOTE: 4.0 (Commissioners Henninger, Messe and Tait absent)
Selma Mann, Deputy City Attorney, presented 22 day appeal rights.
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5a. CEOA NEGATIVE DECLARATION Previously Approved Approved
5b. CONDITIONAL USE PERMIT N0.3511 Readvertised Approved amendment
to condition of
OWNER: RREEF USA FUND II, INC., 1630 E. Sunkist, #A, Anaheim, CA approval
92806
AGENT: STADIUM VINEYARD FELLOWSHIP, 1531 S. Sinclair St.
Anaheim, CA 92806.
LOCATION: 1531 S. Sinclair Street. Property is approximately 0.89 acres
located on the west side of Sinclair Street and approximately 410
feet south of the centerline of Cerritos Avenue and further
described as 1531 South Sinclair Street. (Stadium Vineyard
Christian Fellowship)
To delete or modify a condition of approval pertaining to a time limitation fnr a
previously-approved church.
CONDITIONAL USE PERMIT RESOLUTION N0. PC94-134
OPPOSITION: None
Commissioner Caldwell declared a conflict of Interest because his company does business
with the applicant and that he would have to abstain on the vote, but would remain in order
_ to maintain a quorum.
Ed McGlasson, Pastor, explained the church was originally granted for 5 years and they
would like for it to coincide with their lease which was for 7-1 /2 years.
PUBLIC HEARING WAS CLOSED.
Chairwoman Boydstun clarified that would be until September 1999.
ACTION: Previouslyapproved Negative Declaration adequate.
Approved request, modified Condition No. 1 of Resolution No. PC92-45 to read as
follows:
1. That subject use permit shall terminate on October 1, 1999, in conjunction
with the current lease for the approved church. Should subject church
obtain a lease beyond the October 1, 1999 termination date, a new
conditional use permit would be required for the church to remain at subject
property.
VOTE: 3-0 (Commissioner Caldwell abstained and Commissioners Henninger, Messe and
Tait were absent)
Selma Mann, Deputy City Attorney, presented 22 day appeal rights.
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6a. r`EQA NEGATIVE DECLARATION (Previously Approved) Approved
6b. CONDITIONAL USE PERMIT M0. 1144 (Readvertised) Granted, as
readvertised
OWNER: CALIFORNIA DRIVE-IN THEATERS, 2150 S. State College Blvd.,
Anaheim, CA
AGENT: PACIFIC THEATERS REALTY CORPORATION, Attn: A. Terrance I
Dickens, Vice President, 120 N. Robertson Blvd., Los Angeles, CA
90048
LOCATION: 2159 South State College Boulevard. (Orange Drive-In Theater).
Property is approximately 7.55 acres located south and east of the
southeast corner of Orangewood Avenue and State College
Boulevard
Petitioner requests to preserve entftlement to retain an existing perking lot in
conjunction with an existing swap meet facility located on an adjacent property
within the City of Orange.
CONDITIONAL USE PERMIT RESOLUTION N0. PC94-135
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
OPPOSITION: None
_ PETITIONER'S COMMENTS:
Terrance Dickens, Pacific Theaters Realty Corp,. 1•LO N. Robertson, Los Angeles, CA agent,
referred to the recommendation by staff that the parking lot would terminate when the
adjacent use as a drive-in and/or swap meet facility ceases. They woulr! expect the drive-
infacility to cease faidy soon, probably on a permanent basis, or possibly Just summers.
They expect Caltrans to take a portion of the property for widening of the freeway in the
near future and there could be a temporary cessation of the business, and they would
anticipate making the modifications and then re-opening.
Chairwoman Boydstun stated the Commission discussed changing the wording in No. 15.
Item 1 to read: "that the use of subject property as a parking area is contingent on the
adjacent property's use as a drive-in or swap meet facility."
Mr. Dickens stated that would be acceptable; that he was concerned it might read that both
have to keep going.
The Public Hearing was Closed.
Selma Mann, Deputy City Attorney, stated she would like language added that IF the
petitioner will notify the Clty if the drive-in the swap meet cease operation, and request
termination of the Corid{tlonal Use Permit, so that when there is final closure of the two, the
City's records will be cleared.
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Mr. Dickens stated the reason for any closure would be development of the property and
they would be workin0 with tho City.
ACTION: Approved Negative Declaration
Approved request and added the following conditions:
1. That the use of subject property as a parking area is contingent on the
adjacent propert;~'s continued use as a drive-in or swap meet facility.
2. That the applicant shall notify the City when the drive-in and swap meet
cease operation and shall request the termination of Conditional Use Permit
No. 1144 at that time.
VOTE: 4-0 (Commissioners Henninger, Messe and Taft absent)
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7a. CEQA NEGATIVE DECLARATION Approved
7b. WAIVER OF CODE REC~UIREMENT Approved
7c. CONDITIONAL USE PERMIT NO. 3721 Granted
OWNER: C. DARLE HALE, TRUSTEE, ,1910 E. Coronado St., Ste. B, Anaheim,
CA 92807
AGENT: BRUCE WITKIN, 3620 E. Miral~~ma Ave., Anaheim, CA 92806
LOCATION: 3s27 East Miraloma Avenues Property is approximately 0.52
acre located on the north side .~f Mlraioma Avenue and
approximately 355 feet east of the cc^te~ine of Tustin Avenue.
To permit an automotive repair and body shop with waiver of minimum number of
parking spaces.
r,ONDITIONAL USE PERMIT RESOLUTION NO. _ PC94-13s
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
PETITIONER'S COMMENTS:
Bruce Witkin, agent, explained he is asking to move his existing body shop across the
street so he can have Inside storage far his customers.
IN FAVOR: 1 person spoke in favor of subject proposal
Michael Brewer, 3630 Miraloma Avenue, General Manager, C. Brewer Company, explained
Mr. Witkin is a neighbor and tenant in the building they own and explained they need the
additional space Mr. Witkin is in for storage of goods they manufacture.
PUBLIC HEARING WAS CLOSED
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~1 ACTION: Approved Negative Declaration
Approved Waiver of Code Requirement
Granted Conditional Use Permit No. 3721
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VOTE: 4.0 (Commissioners Henninger, Mcsse and Taft absent)
8. REPORTS AND RECOMMENDATIONS:
A. CONDITIONAL USE PERMIT NO. 3575 - REQUEST FOR RETROACTIVE Continued to
EXTENSION OF TieAE TO COMPLY WITH CONDITIONS OF APPROVAL: Steve October 17, 1994
Macke with Pinetree Village, 3333 S. Brea Canyon Rd., Ste. 219, Diamond Bar, CA
91765, requE .n extension of time to comply wfth conditions of approval far
Condftional ' ?ermit No. 3575 (to permft the conversion of an existing 40-unit
apartment c_ lex to a 40•unft condominium complex) to expire January 25, 1995.
Property is located at 500 North Tustin Avenuo.
Continued from the September 7, and 19, 1994 Planning Commission meetings.
Jonathan Borrego, Senior Planner, explained it is his understanding that the
Redeveloprient staff was going to request a continuance of this matter because of
some unresolved Issues related to Improvements of the prope~'y and he would
recommend that Items 8a and eb be continued for two weeks.
B. VARIANCE N0. 4182 - REQUEST FOR RETROACTIVE EXTENSION OF TIME Continued to
TO COMPLY WITH CONDITIONS OF APPROVAL: Blash Momeny, 27762 Pebble October 17, 1994
Beach, M(ssion Viejo, CA 92692, requests an extension of time to comply with
conditions of approval for Variance No. 4182 (waiver of the required lot frontage,
minimum building site area, minimum building site width and required location and
orientation of structures to construct Bsingle-family residences) to expire May 18,
1995. Property Is located at 2260 W. Orange Avenue.
Continued from the September 7, and 19, 1994 Planning Commission meetings.
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C. CONDITIONAL USE PERMIT N0. 3701 -REVIEW ANb INTERPRETATION OF Determined that a
A CONDITION OF APPROVAL: Doug Browne, P.O. Box 18021, Anaheim, CA $3,000 bond is
92807, requests the review and interpretation of a condition of approval pertaining sufficient for the
to a performance bond for the removal of a temporary trailer for Conditional Use removal ar demolRion
Permit No. 3701 (to permit a child day care facility within two temporary trailers). of the temporary trailer
Property is located at 6270 E. Santa Ana Canyon Rd.
Vote: 4-0
INTERPRETATION RESOLUTION N0. FC94137 (Commissioners
Henninger, Messe and
Tait absent)
D. CONDITIONAL USE PERMIT NOS. 1109 AND 7181 - REQUEST FOR Terminated
TERMINATION: Frank R. Krogman, 1507 Buena Vista, San Clemente, CA 92672
requests termination of Conditional Use Permit Nos. 1109 and 1181 (to permft beer Vote: 4-0
and wine within an existing restaurant and to permit a beer bar). Property is located (Commissioners
at 1029-1031 N. Magnolia Avenue. Henninger, Messe
and Tait absent)
TERMINATION RESOLUTION N0. PC94138
MEETING ADJOURNED AT 2:10 P.M. TO THE OCTOBER 17, 1994
PLANNING COMMISSION MORNING SESSION AT 10:00 A.M. for
presentation by staff on revised standards for freestand(ng signs.
Respectfully submitted,
Edith L Harris
Planning Commission Support Supervisor
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