Minutes-PC 1971/06/02, `' ,.
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City Hall
Anaheim, California
June 2, 1971
A REGULAR MEETING OF THE ANAHEZM CITY PLANNING COMMISSION
REGULAR - A regular meeting of the Anaheim City Planning Commission
' MEETING was called to order by Chairman Herbst at 2:p0 P.M., a
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. quorum being present.
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PRESENT
- CHAIRMAN: Herbst.
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,~. - COMMISSIONERS: Allred, Farano, Gauer, Kaywood, Rowland,
,~ Seymour.
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ABSENT
- COMMISSIONERS: None.
PRESENT - Assistant Development Services Director: Ronald Thompson
ti Deputy City Attorney: Frank Lowry
_ Office Engineer: Jay Titus
Zoning Supervisor: Charles Roberts
Assistant Zoning Supervisor: Malcolm Slaughter
' Commission Secretary: Ann Krebs
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'~ PI,EDGE OF - Commissioner Kaywood led in the Pledge of Allegiance to
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:i ALLEGIANCE the Flag.
~~ APPROVAL OF - Approval of the minutes of the meeting of May 17, 1971,
THE MINUTES was deferred to June 14, 1971.
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RECLASSIFICATION - CONTINUED PUBLIC HEARING. A. D. AND id. A. STRAND,
N0. 7C-71-48 840 West Grove Avenue, Orange, California, Owners;
DONALD F. BUHLER AND M. L. BOWER, 4001 Birch Street,
Newport Beach, California, Agents; requesting that
property described as: A rectangularly-shaped parcel of land consisting
of approximateiy 2 acres, having a frontage of approximately 132 feet on
the narth side of Cerritos Avenue, having a maximum depth of approximately
63Q feet and being located approximately 462 feet west of the center:.ine
of Knott Street, and further described as 3531-37 West Cerritos Avenue, be
reclassified from the R-A, AGRICULTURAL, 20NE to the R-3, MULTIPLE-FAMILY
RESIDENTIAL, 20NE.
Subject petition was continued from the meeting of May 3, 1971, in order
ta alldw time for the petitioner to submit revised plans.
Assistant 2oning Supervisor Malcolm Slaughter reviewed the location of
subject property, existing zoning, and the request for R-3 zoning, together
with the fact that the petition was continued to allow time for a possible
land assembly and the submission of plans. However, no revised plans had
been received, and a telephone conversation with the representative indicated
that the petition might be withdrawn, but no decision had been made; and that
the General Plan indicates this area as being appropriate for R-3 - therefore,
the pxoposed reclassification was in conformance with the General Plan -
however, because of the size and shape of the parcel, it would be extremely
difficult to develop a desirable apartment complex.
Mr. J, E. Childers, 2951 West Ball Road, appeared before the Commission and
stated that t~r. Buhler, agent for the petitioner, had advised hi.m this date
that he was still interested in developing subject property and was planning
a neu proposal; therefore, he has requestiny a four-week continuance.
Commissioner Gauer inquired of staff whether or not subject property could
be developed in a similar manner as the property on South Street had been
developed for R-2-5000 zoning.
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71-311
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MINUTES, CITY PLANNING COMMISSION, June 2, 1971
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71-312
RECLASSIFICATION - 2oning Supervisor Charles Rcberts advised the Commission
NO. 70-71-48 that the property was sufficiently wide enough for a
_ (Continued) similar type developr~;nt; however, the General Plan
indicated this arc„ :or medium-density development -
-, therefore, if the lommission were desirous of having
this developed for R-2-5000, it would ti:ean a change in land use policy.
Commissioner Allred offered a motion to continue consideration of Petition
for Reclassification No. 70-71-48 to the meeting of June 28, 1971, to allow
'~ time £or the petitioner to develop rlans. Commissioner Rowland seconded
~y,~i..~ "~'`" ,, the motion. MOTION CARRIED.
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TENTATIVE MAP OF - DEVELOPER: FRANK H. AYRES & SON CONSTRUCTION COMPANY,
TRACT NO. 7422, 6000 West Coast Highway, Newport Beach, California.
REVISION NO. 1 ENGINEER: Valley Consultants, Inc., 9092 Talbert
Avenue, Fountain Valley, California. Subject tract,
located on the east side of Imperial Highway between
the Santa Ana River and Esperanza Road, containing
approximately 45 acres, is proposed for subdivision
into 237 R-2-5000 zoned lots.
Assistant Zoning Supervisor Malcolm Slauqhter presented Tentative Map of
Tract No. 7422, Revision No. l, to the Planning Commission, noting the
location of the property, the proposal to subdivide the 45-acre parcel
into 237 R-2-5000 zoned lots; that stub streets were proposed to both the
east and west for future traffic circulation through the area; and that
the setbacks required by the SC Zone were being provided along La Palma
Avenue and the Atchison, Topeka & Santa ~'e Railroad tracks.
Commissioner Kaywood inquired as to the number of trains that passed this
property daily, and whether or not there were regulations which required
sound proofing of those homes adjacent to the railroad tracks.
Zoning Supervisor Charles Roberts advised the Commission that there were
no zoning regulations governing sound proofing of structures; and that the
AT&SF RR representatives recently stated that 30 trains travel these tracks
daily, and they had plans for doubling the track which could mean double
the number of trains.
The Commission then requested staff to indicate on a map those tracts ~
appro~:ed by the Planning Commission or to be considered shortly in the
area between Imperial Highway and Shorb Wells north of the Santa Ana River. '
Whereupon, Mr. Roberts reviewed previou.s zoning action for the various
parcels within this area, concluding by stating that subject property was
located in the center of the area map between three tracts up for considera-
ti~n later in the hearing and four tracts that would be considered at the
Junp 14, 1971, meeting.
Commissiuner Allred offered a motion to approve Tentative Map of Tract No.
7422, Revision No. 1, subject to conditions. Commissioner Farano seconded
the motion. The motion failed by a 5-2 vote.
Commissioner Seymour noted that it was aoparent that the Coinmission had
moved from a position of approving tract maps in this area to a position
that the Commission would not approve any, and the problem appeared to be
one of water and flooding; that his reason for voting "no" was that he,
too, was becoming increasingly carcerned with the potential flood problems
in this area, although he had stated before that he did not believe it was
within his domain as a Commissioner to determine the safety aspects of the
flooding of this area, since he did not have the technical background, but
his concern was for the safety and welfare of the residents who would be
living in this area; that he would be in favor of approving this and any
futu.re tract n=ps if there were some assurance that some agency that was
quaiified to determine the flood hazard cou13 make this assurance; and
that the Commission could approve this tract subject to the Orange County
Flood Control District giving the City ot Anaheim this assurance that there
would not be any problem of flood.
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MINUTES, CITY PLANNING C:OMMISSION, ~une 2, 1971
71-313
TENTATIVE MAP OF - Commissioner Farano inquired whether or not such a
TRACT NO. 7422, satisfactory flood hazard letter had been issued for
REVISION NO. 1 these properties in the flood area. Whereupon, Office
(Continued) Engineer Jay Titus advised the Commission that he did
not knorr of a letter as stated except that the OCFCD
and the Corps of Engineers had stated that the improve-
ments being put in by the County were adequate to handle a 100-year storm.
Commissioner Farano then stated he concurred with Commissioner Seymour'a
statement, but he hoped he was not making a mistake by voting against this
tract, and if he were the developer, he would do everything he could to get
a positive answer since in all the time he had been a Commissioner, and the
~ flood hazard question was raised, he could not recall anyone o£ authority
giving a positive "yes" or "no", there appeared to be only a"maybe" or a
"perhaps" becaus~ no one wanted to be considered wrong, yet no one hesitated
to criticize the Planning Commission for approving these tracts; and that
he would not vote in favor of a tract now or in the future unless someone
had enough knowledge to assure the Commission that there was no danger in
the canyon from flooding that could endanger the lives of the prospective
residents there.
Mr. Roberts noted that in recent correspondence from the Corps of Engineers,
they indicated the channel was now capable of handling a 100-year flood,
but floads greater than that would be disastrous to the area; and that they
anticipated their studies would be completed and a report made by fall of
this year.
Commissioner Farano noted that the last thing he could remember receiving
from the OCFCD was a letter stating they could not issue a favorable flood
hazard letter - had they changed their minds - it would appear so in view
of the position oriqinally taken by the Corps of Engineers after many years
of study - but after pressure had been brought to bear, there appeared to
be a changing of minds and it was now safer than it was in the past, even
though the OCPCD still stated they could not issue a favorable flood hazard
letter.
Mr. Roberts then noted that the OCFCD has submitted a letter to the Planning
Commission in response to a copy of the map sent out to them, an~ pexhaps
this letter should be read - whereupon Mr. Slaughter read pertinent excerpts
from said letter (on file) which indicated that the existing levees recently
constructed were satisfactory to take care of a 100-year flood, but the Corps
of Engineers still maintained there would be disastrous results if a standard
project flood were experienced - furthermore, the OCFCD had submitted suggested
recommendations if the tract were approved.
Mr. Ron Winterburn, representing the developer, appeared before the Commission
:; and stated that their firm had received similar letters from the OCFCD for
t other developments, particularly in the Huntington Seach area which was also
z part of the flood plain, however, these letters indicated or,ly that the area
'~ was safe from a 100-year or less storm but not a project flood; and that FHA
had investigated the site and had given theiY tenta~ive approval for financing
' the site under consideration.
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Commissioner Gauer offered a motion to approve Tentative Map of Tract No.
7422, Revision No. 1, seconded by Commissioner Seymour, subject to conditions.
Commissioner Seymour requested that a finding be made in the motion for
I:,. clarification purposes since the action taken by the Commission appeared to
; be contradictory, however, his action in seconding ttie motion was based on
~`"~'. Y the fact that the City of Anaheim was in receipt of a letter from the OCFCD
=: '~ stating the area was safe from a 100-year or less storm, and he would be
;;, willing to go on record to approving tracts with such letters, but if that
`~' area is wiped out by something less than the storm indicated, he did not feel
that the onus of that destruction should fall upon the Commission. Whereupon,
Y Commissioner Gauer accepted this finding, namely, "That although the action
r taken by the Planning Commission may appear to be contradictory, it is based
'~ on the fact that the Planning Commission was in receipt of a letter from the
OCFCD stating the area was safe from a 100-year or less storm, and that the
onus for any destruction in the canyon area that would result if a l0U-year
_ R~ or less storm occurred should not be placed upon the Anahetm Planning
- Commission". The foregoing MOTION CARRIED (Cau~missioners Farano and Rowland
'~ voting "no").
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- MINUTES, CITY PLANNING COMMISSION, 3une 2, 1971
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71-314
TENTATIVE MAP OF - Commissioner Farano noted there appeared to be contia-
TRACT NO. 7422, dictory statements in the letter from the OCFCD and
_;;,wz,' REVISION NO. 1 asked for an explanation; whereupon Mr. Slaughter
3 (Continued) explained the difference, and Mr. Titus further explained
that one paragraph discussed draining of water from the
tract to the river since design-wise, the property would
. have to be high enough to get sufficient head to get this water into the
river because the property was lower than the river - this would mean build-
ing up the property to an acceptable heiqht, and Condition No. 12 would
~' cover this problem. However, the second paragraph was referring to the
'^•'~ river channel itself which could handle a lOG-year storm without any over-
'~~ flow onto the property from the upstream water coming down the channel.
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Mr. Roberts noted that another point which the Commission should consider
was that based upon recent discussions with representatives of the Placentia
Unified S~;hool District (PUSD), and staff would recommend an additional
finding ba made: "That in the approval of the tentative tract map the
developer of the tract be advised that he should contact the Placentia
Unified School District to discuss phasing and timing, etc., of the develop-
ment so that the school district was fully aware of the impact that develop-
ment of this property would have on their school planning."
Mr. Roberts further noted that the PUSD had indicated there was a need for
at least one and possibly two elementary schools in this arez, and it was
important that they know all the most pertinent data.
Commissioners Gauer and Seymour concurred this should be a finding.
For clarificaticn purposes, the Commission Secretary read the motion as
follows:
Commissioner Gauer offered a motion to approve Tentative Map of Tract No.
7422, Rev.ision No. 1, seconded by Commissioner Seymour, and MOTION CARRIED,
subject to the following findings and conditions (Commissioners Farano and
Rowland voting "no"):
FINDINGS:
(1) That although the action taken by the Planning Commission appeared to be
contr~.dictory, it was based on the fact that the Planning Commission was
in receipt of a letter from the OCFCD stating the area encompassing
subject tract was safe from a 100-year or less storm; and that the onus
for any destruction in the canyon area that would result if a 100-year
or less storm occurred, should not be placed upon the Anaheim Planning
Commission.
(2) That in the approval of Tentative Map of Tract No. 7422, Revision No. 1,
the developer of said tract be advised that he should contact the
Placentia Unified School District to discuss phasing and timing, etc.,
of the development so that the school district was fully aware of the
impact that development of the property would have on their school
planning.
CONDITIONS:
(1) That approval of Tentative Map of Tract No. 7422, is granted subject
to the completion of Reclassification No. 70-71-25.
(2) That should this subdivision be developed as more than one subdiv-
ision, each subdivision thereof shall be submitted in tentative
form for approval.
(3) That the vehicular access rights to La Palma Avenue, except at
street or alley openings shall be dedicated to the City of Anaheim.
(4) That in accordance with City Council policy, a 6-foot masonry wall
shall be constructed on the south property line separating lot Nos.
1 thru 6 and 190 thru 202 and La Palma Avenue. Reasonable landscaping,
including irrigation facilities, shall be installed in the uncemented
portion of the arterial highway parkway the full distance of said wall;
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MINUTES, CITY PLANNING COMMISSION, ~une 2, 1971 71-315
TENTATIVE MAP OF - p]:ans for said landscaping to be submitted to and
TRACT NO. 7422, subject to th,e approval of the Superintendent of
REVISION NO. 1 Parkway Maintenance. Following installation and
(Continued) .~cceptance, the City of Anaheim shall assume the
~ i:esponsibility for maintenance of said landscaping.
(5) That all lots w:~thin this tract shall be served by underground utilities.
(6) That a final tract map of subject property shall be submitted to and
` approved by the City Council and then be recorded in the office of
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' the Orange County Recorder.
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- (7) That street names shall be approved by the City of Anaheim prior
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:~:'' to approval of a final tract map.
~~ (8) That the owner(s) of subject property shall pay to the City of Anaheim
the appropriate park and recreation in-lieu fees as determined to
-~ be appropriate by the City Council, said fees to be paid at the time
the building permit is issued.
~. (9) That drainage of Tract No. 7422 shal] be disposed of in a manner that
is satisfactory to the City Engineer. Drainage facilities of the
tract must be adequate to accept drainage from any upstream tributary
area.
ti;.' (10) That a five-foot chain link fence shall be constructed along the
;<;,, south side of La Palma Avenue in accordance with requirements of
~~; the City of Anaheim.
`'? (11) That reasonable landscaping including irrigation facilities, shall
be installed in the south parkway of La Palma Avenue. Plans for
;~ said landsaaping shall be submitted to and subject to the approval
- of the Parks and Recreation Department. Following installation and
_ acceptance, the City of Anaheim will assume the responsibility for
maintenance of the landscaping.
~` ~. VARIANCE NO. 2258 - CONTINUED PUBLIC HEARING. ALICE ADELL BRADY FIVA AND
`'-"''`~: BARBARA JEAN HIDLE, 12802 Garden Grove Boulevard,
TENTATIVE MAP OF Garden Grove, California, Owners; WILLIAM J. KRUEGER,
TRACT N0. 7088, 14482 Beach Boulevard, Suite W, Westminster, California,
REVISION NO. 1 Agent; requesting WAIVERS OF (1) MINIMUM FRONT SETBACK,
Iy: i~ (2) MINIMUM SIDE YARD, AND (3) CODE REQUIREMENT THAT A
~? HOME REAR UPON AN ARTERIAL STREET IN A PROPOSED SINGLE-
_'~ FAMILY TRACT on property desaribed as: An irregularl•~-shaped parcel of
'~ land consisting of approximately 14 acres having a frontage of approximately
825 feet on the east side of Rio Vista Street, having a maximum depth of
'r approximately 807 feet, and being located approximately 390 feet north of
'"'? the centerline of Hempstead Foad. Property presently classified R-A,
,>~~ AGRICULTURAL, ZONE.
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'-r TENTATIVE TRACT REQUEST: DEVELOPER: WILLIAM J. KRUEGER, 14482 Beach
Boulevard, Suite K, Westminster, California.
ENGINEER: RAAB AND BOYER ENGINEERING COMPANY,
14482 Beach Boulevard, Suite I, Westminster,
California. Subject tract is proposed for sub-
division into 71 R-2-5000 and 6 R-1 zoned lots.
Subject tract was continued fro~ the meeting of May 3, 1971, in order to be
heard in conjunction with the variance, and the petition and tract were
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~"' continned from the meeting of May 17, 1971, to allow time for further study.
_ - Assistant Zoning Supervisor Malcolm Slaughter reviewed the location of
subject property, pending zoning, and waivPrs requested as set forth in
the Report to the Commission, noting that the petition was continued so
that the Commission could view other similar tracts of homes in surrounding
cities.
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Mr. Slaughter noted that the plans submitted with the application indicated
the subdivision was designed in such a manner that Dutch Avenue would be
~*: extended from its present terminus, and after one joq at Jeanine Way, would
];:~:' proceed westerly and intersect with Rio Vis+a Street, thereby providing
additional east-west circulation through subject property from the existing
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MINUTES, CITY PLANNING COMMISSION, June 2, 1971 71-316
VARIANCE N0. 2258 - subdivisions to the east; that the plans further
indicated that the applicant proposed to develop
TENTATIVE MAP OF several homes in such a manner that there would be no
TRACT NO. 7088, side yard on one side of the house, but a 10-foot side
REVISION NO. 1 yard would be provided on the opposite side of the
(Continued) house; that such a r~iver had been granted for at least
one subdivision in the past, however, in approving that
requested waiver, the Commission imposed two conditions as set forth in the
report.
Mr. George Bolton, representing the developer, appeared before the Commission
and noted that at the last public hearing he discussed the advantage of the
zero lut line concept, and since then the Commission had had an opportunity
to visit their tract in Westminster - therefore, he would only summarize the
advantages by stating tha± the unusable 5-foot side yards would be eliminated
and combined into one side yard that would be usable, and from comments from
residents who purchased these homes, there appeared to be greater approval
for this type of concept. Furthermore, they were proposing no windows
on the zero lot line side of the house; and that the side-on lot proposed
was to eliminate drainage problems which this lot would have if required
to back onto Rio Vista Street. Furthermore, within a few yards of this
proposed lot on the west side of Rio Vista Street, the City had approved
a similar situation of a side-on lot.
Mr. Bolton also noted that waiver of the front setback was proposed for the
6 R-1 lots since it was felt that the balance of the tract was being devel-
oped with 15 and 20-foot front setbacks, and this would make for a better
development. However, i.f the Commission were desirous of maintaining the
R-1 setback, they would so comply. Furthermore, as to the unharmonious
colors which was brought ~ut in the Report to the Commission, he had a copy
of the language used in the Westminster CC&Rs approved by F.H.A. as it
pertained to the landscapiag and wall along the zero lot line, which
indicated that the owner of the property facing the wall had the right to
decorate and landscape the area, but he did not have a right to drive nails
into said wall, etc.
Chairman Fierbst asked for further clarification relative to being able to
pa?nt the adjoining neighbor's wall; whereupon Mr. Bolton replied that this
was part of the agreement since this portian was an 8-2/3-foot high wall
near a garage, and there were no tw~-story structures considered at this
wall, and although a bedroom was proposed, there would be no winda~; because
all windows would be to the rear of the structure; that there would be a
fence or a wall connecting the garage to the other hause, which would tend
to cut the view of this wall - however, tne wall would be under common
ownership.
Deputy City Attorney Frank Lowry advised the Commission that the CC&Rs
could only be enforced by the citizens and not by the City of Anaheim.
Commissioner Seymour noted that he had visited the westminster site to view
the zero side yard concepc, and it was very clear to him when the City of
Anaheim first took on zero lot line, color combinations as well as materials
were taken into consideration - however, this was not done in the Westminster
development; that it was also clear it was not uncommon to have batten,
stucco, or conczete, and a combination of all ~:hree types of mater~als used,
but there appeared to be an attempt to have color harmony, but the ar~earance
of a batten board f:nce which ran into a stucco garage wall did not lend
itself well to color harmony and was not the best view as presented irom the
street. Therefore, it was clear in his mind that Commissioner Roaland's
concern and in his experience that the zero lot line concept was a fine
concept, but it would be necessary to have a uniform material as well as
uniform color. Furthermore, in respect to the development at Westminster,
the concept was great but the disparity in colors and materials was very
evident.
Mr. Bolton stated that he would be very gla3 to work with staff regarding
this problem presented by Commissioner Seymour.
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MINUTES~ CITY PLANNING COMMISSION~ 3nno Z~ 1g71
71-317
VARIANCE NO. 2258 - Commissioner Rowland noted that the possibility of color
control and materials as such being administered by the
TENTATIVE MAP OF City would be a very difficult area, and he did not know
TRACT NO. 7088, whether this was an area in ~:hich the City belanged, but
REV=S=ON N0. 1 the Commission's original concern was that sir.;:e this was
(Continued) a permissive use on the part of the Cit to
Y provide zero
side yards, then the City could ask for special considera-
tion of the problems from a community standpoint in
helping to selE.: colors since no two people saw colors in the same way -
therefore, the requirement of the material, such as a masonry wall, with
natural co:.or being used, wculd be required for the major portion of the
buildiny - thus, eliminating •che color co~ordination suggested by the devel-
oper would be obviating future battles that could be traumatic to the community.
Therefare, he was not interested in color coordination as such, but was
interested in having the color something which everyone in the community
could live with -therefore, natural materials should be used.
Mr. Bolton stated tha•t he would agree to a masonry wall if the Commission
~.` ; required it, but what he was r,oncerned with was that they had not shown
„~; cement or paint or. their plans, however, F.H.A. had marked up the plans and
insisted that this be painted.
Commissioner Seymour inquired whether or not F.H.A, was the reason for t~ie
batten board on the Westminster project; whereupon Mr. Bolton stated that
they wanted this painted for protection purposes.
Commissioner Rowland noted Lhat the !~ity of Anaheim has had experience in
working with F.H.A. before, and if F.H.A. understood what the City was
trying to do and they felt Anaheim wac the place to build, this would be
demonstrated by the proposal before the Commission, then the requirements
of the City would be recognized.
Commissioner Rowland, in response to other Commissioners' questioning,
stated that the wall should be of natural finish at the e:ero lot line, and
that the fence goinq forward and across the front of the lot was a different
action - however, the Commission could, if they so desired, make that also
a condition of approval.
Commissioner Allred was of the opinion that it would be far better to have
the same material and coloring extended from the zero lot line across the
front.
Mr. Roberts inquired of Commissioner Rowland his intent as to the zero lot
line; whereupon Commissioner Rowland stated that cohatever was a portion of
the main building was what he referred to as the zero lot line.
Mr. Bolt:.n noted that they were in the final phase and we.r.e most anxious
to get favorable action on the tract map itself; that they had outlined
many reasons that this was a good concPpt on the zera lot line; and that
if appxoval of the tract map was dependent upon the setbacks or the side-on
lot, they would withdraw either or both in order to obtain the zero lot line
conr.ept and approva2 of the tract.
Continued discussion was held by the Com~nission regarding the type of
;~ material and possible coloring that should be provided alonq the zero lot
line, the type of roof materials proposed; wnereupon Commissioner Kaywood
1,i inquireci whether or not the petitioner Kould stipulate to providing shake
roofs for the front portion of all roofs of this subdivision.
Mr. Bolton replied that two of the elevations were designed for what they
called dress rock and were considered one of the most popular designs in
their westminster tract - howev~r, he would be glad to stipulate to shake,
but would like to add that they would have to disregard two elevations
which. were considered •~heir most popular elevations.
Further discussion was held by the Commission relative to the Westminster
tract and the Mission tile and pipe used on some of the homes.
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~ MINUTES, CITY PLANNING COMMISSION, ~une 2, 1971 71-318 ~
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VARTANCE NO. 2258 - Continued discussion held by the Cor~mission on the
zero lot line and materials, and after considerable --°
TENTATIVE MAP OF discussion, Mr. Bolton noted that the Commission
TRACT N0. 7.088, had been discussing the front yard, whereas he had
REVISION N0. 1 agreed to providing the same materials on the rear ~
• (Continued) yard area. ~
The Commission noted that it was more important that ~
the front yard material be of the same as that on the zero lot line to
_ present a more harmonious effect. ~
~~;M ~~ Commissioner Seymour noted that he would prefer that the Commission not
~
.I~, ,
spend as much time as they had in discussion of the actual materials; that ~
this should be straightened out with staff - whereupon Mr. Roberts requested
_a. further direction from the Commission so that staff could work intelligently
; with the developer as to the type of treatment the Commission intended for ~
~,~ the fence and wall.
.~ Commissioner Seymour then noted that since the Commissi~n was approving the ~
~.;: zero lot line concept, it was his intention to have the garage wall, as ~
• well as the front setback wall, the same as the adjoining property owner's
in order to eliminate ,the appearance, as it were, of batten wood, concrete, ~
'i or stucco that were used in an intermixed manner.
+~ Commissioner Seymour offered Resolution No. PC71-97 and moved for its
r:.~ passage and adoption to grant Petition for Variance No. 2258 on the basis ~
,~ that the petitioner had demonstrated that he wou13 be d~niQd a privilege
-,~ enjoyed by the developers of other tracts in the area if the side-on lot
~;~ of an arterial high~~ay were not approved; that varying setbacks had been
granted in this general area in the past, which had resulted in rather
attractive homes, therefore, waiver of the required front yard was granted ~
on that basis; that waiver of the ininimum required side yard was granted ~
on the basis that the proposed method of development would provide more ~ 3
usable side yards and still maintain sufficient separation between buildings; ~
that the petitioner stipulated to providing a minimu:n of 10 feet between the ~
main structuse and the side lot line for the side yard opposite the zero
lot line; that the petitioner had stipulated to providing a solid masonry ~
;i wall of thenna ural color and material as the wal.l of the main structure along j
,_,,E the zero lot line from the rear lot line to the main structure and scross ~
the front yard at a permissible location of the adjacent parcel to tie in '
,;^± with the structure on that parcel in order that a continuity of color and
# texture might be maintained; and subject to conditions, with the added
~ condition that all lots shall be developed with a minimum uf 10 feet between
`.;~~ main structures on adjaceni lots, provided, however, that this requirement '~
is not intended to preclude an unenclosed patio roof from being constructed
in the required 10-foot side yard as long as the support members do not ~
extend closer than 5 feet to the side lot line, as stipulated to by the +
~
petitioner; and that the main structure wall along the zero lot line shall ~
be constructed of a natural masonry finish and shall remain unfinished to
preclude unharmonious colors which would face the adjoining property, as '
stipulated to by the petitioner. (See Resolution Book) ~
~
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On roll call the foregoiag resolution was passed by the fol:owing vote: ~
AYES: COMMISSIONERS: Allred, Farano, Gauer, Herbst, Kaywood, Rowland, i
I Seymour. J
NOES: COMMISSIONERS: None. ;
~+ ABSENT: COMMTSSIONERS: None. ~
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MINUTES, CITY PLANNING COMMISSION, June 2, 1971 71-319
VARIANCE N0. 2258 - Commissioner Seymour offered a motion, secor.ded by
Commissioner Allred, and MOTION CARRIED, to approve
' TENTATIVE MAP OF Tentative Map of Tract No. 7088, Revision No. 1,
TRACT NO. 7088, subject to the following conditions:
REVISION NO. 1
(Continued) (1) That the vehicular access rights except at street
and/or alley openings to Rio Vista Street shall
be dedicated to the City of Anaheim.
::.^ ` (2) That the approval of Tentative Map of Tract No. 7088, is granted
'"~~' `t;,~ subject to the approval of Variance No. 2258.
~ ~
(3) That should this subdivision be developed as more than one subdivision,
T~. each subdivision thereof shall be submitted in tentative furm for
~c approval.
~ (4) That in accordance with City Council olic
p y, a 6-foot masonry wall
shall be cons~ructed along the west property line separating lot Nos.
1 and 67 thru 77 and Rio Vista Street, except that for corner lot
~:,: No. 1 said wall shall be stepped down to a height of thirty (30)
inches in the required front yard setback, and that a 6-£oot masonry
wall shall be constructed along the east line of Lot No. 11.
Reasonable landscaping, including irrigation facilities, shall be
4: ,I; installed in the uncemented portion of the arterial highway parkway
:~ the full distance of said wall; plans for sai3 landscaping to be
=~ submitted to and subject to the approval of the Superintendent of
p, Parkway Maintenance. Following installation and acceptance, the City
a of Anaheim shall assume the responsibility for maintenance of said
~;,:~ landscaping.
~ (5) That all lots within this tract shall be served by underground
'.~ utilities.
'~ (6) That a final tract map of subject property shall be submitted to
and approved by the City Council and then be recorded in the office
of. the Orange County Recorder.
(7) That strerst names shall be approved by the City of Anaheim prior
~' to approval of a final tract map.
` (8) That the owner(s) of subject property shall pay to the City of Anaheim
~~, the appropriate park and r^creatior, in-lieu fees as determined to
'~; be appropriate by the City Council, said fees to be paid at the time
'~;;~ the building permit is issued.
(9) That drainage of Tract No. 7U88 shall be disposed af in a manner
- that is satis~actory to the City ~ngineer.
(10) That the tract developer shall improve nutch Avenue and Jeanine Way
adjacent to the parksite with stree*. pavement and standard curb and
`~ gutter.
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(11) That the existinq sewer and easement across the tract shali be abandoned
and a replacement sewer shall be constructed as required by the City
Engineer.
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(12) That all streets in the tract shall be constructed in accordance
- with Standard Details on file in the office of the City Engineer.
~p'` Commissioner Kaywood offered Resolution Nn, PC71-98 and moved for its
.'` passage and adoption to recommend to the City Council termination of all
<". '.' :i
`` proceedings of Variance No. 2230 on the ba;is that the developer of the
;~ tract did not intend to exercise the variance granted in part. (See
'"'` Resolution Book)
'j On roll call the foregoing resolution was passed by the following vote:
AYES: COMMISSIONERS: Allred, Farano, Gauer, Herbst, Kaywood, Rowland,
Seymour.
* NOES: COMMISSIONERS: None.
~ ;: ABSENT: COMMISSIONERS: None.
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~ MINUTES, CITY PLANNING COMMISSION, June 2, 1971
71-320
RECLASSIFICATION - CONTINUED PUBLIC HEARING. R. SPEHAR, J. LIBERIO, AND
NO. 70-71-53 H. BUDLONG, 1681 West Broadway, Suite 1, Anaheim,
California, Owners; ANACAL ENGINEERING COMPANY, 222
TENTATIVE MAP OF East Lincoln Avenue, Agent; requesting t:hat property
TRACT N0. 7419 describe3 as: An irregularly-sha ed
. consistin of a P Parcel of land
B pproximately 45 acres, having a frontage
of approximately 1,540 feet on the north side of Santa
Ana Canyon Road, having a maximum depth of approximately 1,340 feet, and
being located approximately 2,000 fe~ ~ast of the centerline of Imperial
Highway, be reclassified irom the Cl',,..~TY A1, GENERAL AGRICULTURAL, DISTRICT
~"~~" AND CITY OF ANAHEIM R-A, AGRICULTURAL• 20NE to the R-2-5000, ONE-FAMILY,
~`,':.: ;'.:; 20NE .
~ TENTATIVE TRACT REQUEST: DEVELOPER: RAYMOND SPEHAR AND J. LIBERIO,
•° 1681 West Broadway, Suite 1, Anaheim, California. x
f
ENGINEER: ANACAL ENGINEERING COMPANY, 222 F:ast ~7
~ Liacoln Avenue, Anaheim, California. Subject 9
propert•; is proposed for subdivision into 240 ~
R-2-5000 zoned lots.
~ ~
- Subject petition and tract were continued from the May 3 and 17, 1971, f
meetings at the request of the petitioner.
~ Assistant 2oning Supervisor Malcolm Slaughter reviewed the location of i'
,: subject property, uses established in close proximity, and che proposal,
noting that subject petitions had been continued from the May 3 and 17,
1971, meetings ~n order that the applicant might revise the tract map, and
in view of the fact that the applicants had indicated the area encompassed
~ by the rezoning and tract map was to be revised, subject petition should
'; be continued an additional two weeks. ~
; ~
~~ Commissioner Farano offered a motion to continue consideration of Petition I
'; for Reclassification No. 70-71-53 and Tentative Map of Tract No. 7419 to ~
the meeting of June 14, 1971. Commissioner Allred seconded the motion. 1,
MOTION CARRIED.
. ~
:`;a VARIANCE NO. 2257 - CONTINUED PUBLIC HEARING. ADOLPH W. LEMKE, 12522 E1
~:j Roy Drive, Santa Ana, California, Owner; HALL & FOREMAN,
TENTATIVE MAP OF INC., P. O. Box 11667, Santa Ana, California, Agent;
; TRACT ,Np, 7426 requesting WAIVERS OF (1) MINIMUM REQUIP.ED LOT WIDTH
~`; AND (2) THE REQUIREMENT THAT SINGLE-FAMILY STRUCTURES
;fi;. REAR ON ARTERIAL HIGHWAYS TO PERMIT A SINGLE-FAIdILY
`,,~ LOT PROPOSED TO SIDE-ON SANTA HNA CANYON ROAD on property described as:
An irregularly-shaped parcel of land cor,sisting of approximately 9.4 acres,
•, having a frontage of approximately 459 feet on the north side of Santa Ana
' Canyon Road, having a maximum depth of approximately 1,054 feet, and being
__.`~ located approximately 900 feet east of the centerline of Lakeview Avenue.
Property presently classified R-A, AGRICULTURAL, ZONE.
s~ TENTATIVE TRACT REQUEST: DEVELOPER: L. A. COUNTY LAND COMPANY, 111 East
Third Street, San Dimas, California.
- ENGINEER: HALL & FOREMAN, INC., 2530 Nor•th Grand,
Santa Ana, California. Subject tract is proposed
for subdivision into 39 R-1 zoned lots.
ii
;:~ Assistant 2oning Supervisor Malcolm Slaughter reviewed the location of
subject property, ~;ses established in close proximity, and noted that the
petition and tract had been continued from the May 17, 1971, meeting for
, City Council ~7etermination of the SC 2one proposal and to allow time for the
' applicant tc ~vise the tract map. However, at the time of preparation of
,~,. . the repo:~c, ,, revised map had been submitted; therefore, staff would
sugge~~.`_ •_hat this item be continued for two weeks in order that the Inter-
departmental Committee might consider any revisions.
; Commissioner Kaywood offered a motion to continue consideration of Variance
No. 2257 and Tentative Map of Tract No, 7426 t~ the meeting of Jure 14,
1971. Commissionar Rowland seconded the motion. MOTION CARRIED.
.- --..,:_..., `~,q ~.....w,,. S . ~
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MINUTES, CTTY PLANNING COMMISSION, June 2, 1971
`
`J
71-321
CONDITIONAL USE - PUBLIC HEARING. TRINITY LUTHERAN CHURCH, 420 Fernhill
PERMIT NO. 658 Lane, Anaheim, Cali~ornia, Owner; re uestin
to ESTABLISH A CHRISTIAN DAY SCHOOL FOR KINDERGARTENion
THROUGH EIGHTH GRADE IN CONJUNCTION WITH AN EXISTING
CHURCH on property described as: An irregularly-shaped parcel of land
located at the northeast corner of Nohl Canyon Road and Nohl Ranch Road,
having approximate frontages of 341 feet on Nohl Canyon Road and 477 feet
on Nohl Ranch Road, and further described as 4101 East Nohl Ranch Road.
Property presently classified R-A, AGRICULTURAL, ZONE.
,,;,~..., Assistant Zoning Supervisor Malcolm Slaughter reviewed the location of
subject property, uses established in close proximity, and the background of
+~' the plans ori inall . a
4 Y pproved, notinq that in 1964 the Planning Commission
approved the church and Christian education facilities; that recently the
~ staff had received a request to establish a day school on the property and
submitted this to the Planning Commission to determine whether such a use
_ was contemplated in the granting of the original conditional use permit -
however, the Planning Commission determinecl that the item should be set for
public hearing so that notice c~uld be given to the surrounding property
1 owners; that the petitioner wa^ proposing to establish a Christian day
school for approximately 100 students in the kir.dergarten through eighth
grades, and it was their intent to establish the school use in the present
facility - therefore, the Commission would wish to determine whether the
proposed use was appropriate for the property, and if so, the Commission
might wish to establish a maximum number of students that would be permitted,
I thereby precluding uncertainty as to how intense a use had been approved for
the property.
'' Reverend W. L. Conradson, 420 South Fernhill Lane, Pastor of the Trinity
'-' Lutherar, Church, appeared before the Commission and noted thati the church
was on a 4-aare s~te and was insulated on three sides by streets and on the
~~ fourth s:.de by a steep bank and a masonry wall; that there were three build-
',-; ings totaling 7200 square feet on the property; that part of the lot was
; blacktopped for parking of 106 vehicles; that there were basic regul3tions
,.~ which required educating the children, but the manner in which it was to be
•;~ done was not stated; that some of the members of the church felt that the
church should establish their own Christian day school, and if they met the
~__) requirements of the tJniform Building Code, requiring 20 square feet per
1 student, they would have more than adequate space for the number of students
they proposed since they could provide 36 square feet for 120 students; that
on the master plans filed in 1964, there was a two-story classroom building,
j and from past history of both the Lutheran and Roman Catholic Ch:_rches,
' their master plans proposed schools in conjunction with the churah facilities;
;~~; and then in response to Commission questioning, stated that the masonry wall
was on the northeast side, abutting the R-1 proaerty.
Chaa.rman Herbst noted that Reverend Conradson had mentioned 120 students -
however, the petition before the Commission indicated 100 students, and
requested clarification of this.
Reverend Conradson replied that in accordance with the building code, there
would be ample room for more than 120 students.
Commissioner Allred then inquired how many students the church intended to
handl~e; whereupon Reverend Conradson replied that it was their intent to
have a maximum of 120 at this time, and iL was not their intent to exceed
that since this would require additional buildings which would have to be
reviewed by the Planning Commission.
: Mr. Lewis Roepke, 426 Fernhill Avenue, appeared before the Commission and
?, noted he had a petition signed by 40 residents in opposition; t::at these
residents all were in the i^_+m=diate vicinity of the church; that it was
"" the residents' understanding that further use of the property would enco:: .~s
+_he main sanctuary which had 560 seats - however, when these homes were
~ sold in this area, the master plan indicated the usage of the property on
~:ohl Ranch, and the only school that was proposed was the public elementary
~r sr_hool, ai:d no private school was indicated on the plan, this being the
only inform3tion available to the buyers at '•~e ~.ine they purchased their
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MINUTES, CITY PLANNING COMMISSION, June 2, 1971
71-322
,
CONDITIONAL USE - properties; that in discussion with a staff inember,
PERMIT NO. 658 it appeared the facilities were a
(Continued) school and church, and there was norindication ofnday
regular day school facilities having a capacity of
120 students; that a brochure had been printed which
indicated what was proposed and the fees that would be charged; that
elementary sahools in this area were 3eveloped as a neighborhood concept
so that children would not have to be bussed to school, and the new school
now under construction would eliminate bussing to the school; that the school
brochure indirated that private means of transportation to the school would
have to be provided, and he was wondering whether the majority of the member-
ship would be from the neighborhood, or would the student body be composed
of children irom northern Orange County; that there were other Lutheran
schools which had nat only Lutheran students but other denominations, and
if there were to be 100 children transported to the school, this would mean
an additio;nal 30 to 50 vehicles in the area at the time pedestrian traffic
of children going to school would be affected; and that because of the shortness~
of time from the publication date or notification date of the residents
of the area, he requestefi a continuance so that they could meet with other '
property owners and present a more concise and meaningful opposition. ~
Mr. Andre VanySseldyke, 4125 Church Haven Wa f
and noted that he was directl o y' aPP~ared before the Commission ~
y pposite of the church; that Mr. Roepke had '-
brought up the fact that there aas such a short notice on whicY: to base a i
solid op~osition, and since he was out of town, he would request that the
Commis^<on consider further continuance of subject petition.
Mr. Van ~Sseldyke, in response to a question by the Commission, stated that
there appeared to be considerable confusion over the fact that the church
originally proposed this as a regular private day school, while the property
owners were not given this information when they purchased their properties.
Mr. Robert Solerno, 4128 Church Haven Way, appeared before the Commission and ~
noted that he had received his legal notice on Friday, the 22nd of May -
however, he still felt this was inadequate time since the matter should be
brought up to the Nohl Ranch Homeowners Association for discussion.
lllc-., f,t;,~ ~
Mrs. Aad~Q Van~seldyke, 4125 Church xaven Wa
and noted that she was Y~ aPPeared before the Commission
particularly concerned as to the traffic from the f
church which was considerable on Sunday, and this proposal would mean twice
as many cars, which would be harmful to ihe safety of the children.
Chairman Herbst inquired whether or not Mrs. Van Iseldyke felt this was a
hazard to the area; whereupon she replied that since the church had opened up
the new driveway to Church Haven Way, there was considerable traffic hazard
to the children on the cul-de-sac street since the children were used to
playing in the street.
Chairman Herbst noted that the original plan had indicated that a driveway
would exit to Church Haven Way, and the plans at that time were dated
January, 1969.
Mrs. Dorothy Chatham, 4111 Church Haven Way, appeared before the Commission
in opposition and noted that in addition to concurring with the other state-
ments made, she would like tc pti.nt out that at a general meeting of the
Nohl Ranch Homeowners Associat~~r. in the Trinity Chiirch no mention was made
of the school - therefore, it hott~i appear that the church withheld this
information without regard to the yieighbors' feeliags; that she regretted
that the church had so little faith in the neighbors, which was evidenced by
the fact that they had no regard for what the residents of the area thought,
and that they further did not care.
Chairman Herbst noted that the purpose of the public hearing was to present
all the arguments, pro and con, for the proposal.
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ASSNUTES, CITY PLANNING COMMISSION, ~une 2, 1971
~
71-323
CONDITIONAL USE - Mrs. Chatham noted that all those present felt suffi-
PERMIT N0. 658 ciently strong about the proposal to take time off
(Continued) from work, many withou~ pay, since when they purchased
their properties, the brochure indicated this would be
only a church and there wz~ no mention of the regular
day school; and that if the church had considered asking for cooperation
from the citizens of the area, the public hearing would not !~ave been
necessary.
Mr. Fred Schmuck, 427 Fernhill Lane, appeared before the Commission and
noted that there was one prablem to consider, and that was the speed limit
on Nohl Ranch Road which was 35 miles an hour - however, this was not en-
forced and would not be until someone was killed on that road, and the only
time a radar control was placed on the road, one of the neighbors had
suffered by being clocked above the speed limit; that the location of the
school at this intersection would add more problems to the children from
Black Oak Road and the other streets farther north and east since the only
sidewalk was on one side of the street, and school children would have to
cross Nohl Canyon Road, Nohl Ranch Road, and Church Haven Way to get to the
public school; and that children were unable to judge the speed of traffic
when going across the streets.
Chairman Herbst inquired whether or not there would t,e any signalization
at that intersection; whex:eupon Office Engineer Jay Titus replied that he
had no information regarding signalization, however, if the traffic warranted
it, this intersection would be signalized; and that the speed limit in
school zones was 25 miles per hour during school hours only.
Reverend Conradson, in rebuttal, stated the posted speed limit was 45 miles
per hour on Nohl Ranch Road; that when their original plan was approved,
they were denied access to Nohl Ranch Road - howevex, the new public
elementary school had only one access and that was to Nohl Ranch Road -
main street - therefore, this would necessi:ate a traffic signal for that
intersection; that Church Haven Way did not exist until three years after
the church had built their original plan; that the petition of ogposition
did not cover all people residing in close proximity; that there was no
secrecy intended in proposing the school since the workings of a typical
congregation was talking about a given project, and the congregation still
was in the talking stage; that their doors were always open for neighbors
to come in and obtain information - the churh even serving as a meeting
place for the Nohl Ranch Homeowners Association and the Soy Scouts - although
only six persons from the church were members of the Boy Scouts; that their
original petition indicated a church and Christian education facilities,
and this left it open for a Christian day school; that he regretted that
their Sunday traffic bothered the neighbors, but these neighbors also enter-
tained considerably, and their overflow parking would be in the church
parking lot; that some of the ladies even borrowed tables and cha.irs when
they were entertaining; that the additional driveway was installed during
the last construction stage, however, the driveway apron was in considerably
longer; that the statement made that they "did not care" was erroneous
because they could not give .information out on something they did not know
themselves since he did not know there was so much interest in the conqrega-
tion until very recently; that they were neighbors of these Nohl Ranch
homeowners and had a great deal at stake since their investment to the
present time was over $3Q0,000; that he was somewhat chagrined at state-
ments made by the opposition; that one of the neighbors had dumped rocks on
the church lot, however, no complaint was made and the members of the church
just picked up these rocks ar_~ ::auled them away; that another of the opposi-
tion had relatives attending parochial schools in another city - this also
added to the traffic problem; another of the opposition had complained about
traffic on the street, however, he was one of the persons who had to be
asked to leave the church parking lot after he was riding his motorbike all
over the parking area; that many of the people living on the street had
four vehicles which could also be considered adding to the traffic problem,
that the major traffic problem occurred late Friday afternoon when people
were all trying to bypass the freeway jam on the way to the river; that he
!vas the third person to reside at that intersection, and as a clergyman, he
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~ MINT~TES, CITY PLANNING COMMISSION, June 2, 1971
t~._~
71-324
' CONDITIONAL USE - would not abide by creating any problem; and tben in
PERMIT NO. 658 response to questioning by the Commission stated that
(Continued) the students hope~uiiy would come from the Nohl Ranch
area, some from the Orange area, and some from the
Peralta Hills area; that they did not plan to bus
students to school since it was felt this was unnecessary; and that they
had space for 106 cars in the parkina area, and he diii not feel any of the
parishioners parked their vehicles on the street but were using the parking
lot.
,' .,r--
i:,; Commissioner Seymour inquired whether cr not Reverend Conradson was the
~?;';;,„r original applicant; whereupon Reverend Conradson stated he was in the Air
~; Force, but the arrangements were handled by a division of the Church
4~ f;: Missions Committee which established si~ty churches throughout the country,
;a and about two-thirds of these churches had schools, not immediately but
. ~p, eventually.
Commissioner Seymo-ir then inquired whether the parishioners came from the
same area which had been mentioned as possible areas from which school
`~,~ children would emanate, and was it like other parochial schools.
Reverend Conradson replied that the parishioners came from the same afore-
~'r mentioned areas, and this was not the type of operation that would go beyond
~-;.,;v~. the scope of the parishioners to attract students, however, his experience
~, was that 50~ of the students were members of the church, and many of the
~' balance of the students' parents were non-members who attended the church.
~~ Commissioner Seymour then noted that ingress and egress, which one of the
*~. homeowners had stated was a new access to Church Haven Way, was not parti-
culariy desirable s_nce this was a cul-de-sac street and inquired whether
or not the City would gzant the church access to Nohl Ranch Road if the
Church Haven Way access were closed.
'4i Mr. Tit~is replied that he did not know the basis for denying the church
right to have access to Nohl Ranch Road, but he personally could see nothing
particularly objectionable to granting them access.
Commissioner Seymour then inquired of Reverend Conradson whether or not he
would be willing to seal off the access tu Church Haven Way if access were
permitted to Nohl Ranch Road; whereupon Reverend Conradson replied that they
would be glad if someone would reimburse them for the few hundred feet of
- paving put in.
~~
Mr. Titus noted that there could be a oroblem as to grading if access were
permitted to Nohl Ranch Road.
~
Commissioner Seymour inquired of staff, what appeared to be the intent of
r,, the Commission in 1964; whereupon Mr. Roberts stated that the minutes
-.``% indicated the petition was for a church and Christian educational facilities,
and that the developer, Mr. Lusk, presented this as to architectural features
~~. of the building.
Reverend Conradson noted that they were proposing a 4-acre site for approxi-
mately 120 students, while the elementary school being built on the south
,;~ side o~ Noh.l Ranch Road took care of 600 students on an 8-acre site, so that
`~ their school would appear not to be out of line.
Commissioner Kaywood inquired as to the proposed hours of classes; whereupon
Reverend Conradson replied the hours would be 9:00 A.M, to 3:G0 P.M., however,
<`" r if there appeared to be any conflict with the school across the street, these
hours could be changed, and they would be cooperative.
;;.:
THE HEARING WAS CLOSED.
Commissioner Seymottr noted that this was a prime example of a very natural
~j thing - when someone was proposing a new use, everyone became frightened and
concern~d about how this would affect their living environment or the value
of their 2iomes, but, quite frankly, he couid not see where 50 to 60 cars
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MIr'UTES, CITY PLANNING COMMISSION, June 2, 1971
f ~
71-325
CONDITIONAL USE - twice a day would be any problem - this was only a
PERMIT NO. 658 "drop in the bucket" traffic-wise when one analyzed
(Continued) traffic reports and studies; and that what appeared
to have happened and why there appeared to be so many
in opposition was the lack of communication.
Commissioner Gauer expressed the opinion th~.t all plans from 1964 on
indicated classrooms, and Mr. Lusk had made the presentation. Furthermore,
the surrounding properties had developed since that time; therefore, the
church and school would appear to have had prior right, and he would state
there was no misunderstanding as to what the church intended.
Commissioner Seymour noted that the misunderstanding would have been the
same if the Commission had lived in the area and had assumed the approval
was for a church and Sunday school. However, it now appeared that a school
with 120 students was also approved, but in his opinion, it was the int2nt
of the church to operate in the manner that they now propose since this was
typical of churches of this denomination, but he was sympathetic with the
residents on Church Haven Way, which formerly was a cul-de-sac, and he
wished there was some way this problem could be overcome. Furthermore, he
felt these were all community problems which could be overcome if neighbors
and church representatives met to discuss their differences - therefore, he
would like to see a two-week continuance.
Commissioner Fa•rano stated that although he did not intend to vote because
he lived in the neiyhborhood, he did not feel the Commission should take
action on this, and he would strongly recommend that the Commission visit
the property to look at the physical location and the topography of the
land, as well as the manner in which the streets were laid out, bef.ose any
further action was considered, although his recommendation did not conno~e
either approval or disapproval.
Commissioner Seymour aoted that his reason in support of a two-week
continuance did not necessarily mean for the Commission to re~riew the site
since from information presented, he did not see any traffic problem -
the main problem was one of communication, an~ if these people had such a
tight-knit group, then they should get together and discuss this.
Cor~missioner Gauer was of the opinion that the church had a prior right
since these homes had heen built after the approval, both in 1964 and 1968,
of plans fc,r a church and Christian education facilities by the Commission.
Commissioner Allred noted that the new access to Church Haven Way had beer.
constructed since these homes were developed - however, the only problem
he could see was the possibility of this school having an increase to more
than 200 students; although they stated they presently planned 120 students,
their plans approv~:d indicated a future development of a two-story building.
Commis~ioner Seymour offered a motion to reopen the hearing and continue
consideration of. Conditional Use Permit No. 658 to the meeting of June 14,
1971, to allow the Commission time to view the site, topography, and street
layout, and to allow time for the neighbors to meet with church representa-
tives to determine what exactly was proposed. Commissioner Kaywood seconded
the motion. MOTION CARRIED.
RECESS - Chairman Herbst declared a ten-minute recess at
4:00 P.M.
RECONVENR - Chairman Herbst reconvened the meeting at 4:10 P.M.,
Commissioner Seymoer being absent.
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MINUTES, CITY PLANNING COMMISSION, June 2, 1971
~.~
71-326
VARIANCE NO. 2259 - PUBLIC HEARING (READVERTISED). PHOENIX CLUB, INC.,
1565 Douglas Road, Pnaheim, California, Owner;
requesting permission to ESTABLISH A DANCE HALL AND
ON-SALE LIQUOR SALES TO THE PUBLIC IN AN EXISTING PRIVATE CLIIB on properL-p
described as: A rectangularly-shaped parcel of land consisting of approxi-
mately 2 acres, having a frontage of approximately 337 feet on the eas*_
side of Douglas Road, having a maximum depth of approximately 281 feet,
and being located approximately 740 feet north of the centerline of Kacella
Avenue, and further described as 1566 Douglas R~ad (Phoenix Club). Property
presently classified R-A, AGRICIILTURAL, ZONE.
Assistant Zoning Supervisor Malcolm Slaughter reviewPd the location of
subject property, uses established in close pr~ximity, and the prorosal,
noting that the present club was run solely as a private club and was
licensed only to sell alcoholic beverages to members; that the proposed
ABC license would permit on-sale liquor to the general pL,blic; that dis-
cussions with the applicant further indicated that the front rortion o.°.
the building - the location of the bar - would be open technic~::ly to ti~e
public, while the dance hall section would be open only to membr;.rs; tha.*.
the petitioners further indicated that it was not their inten.;: to encour~gr~
non-member usage of the building; and that it was their intent to continue
to operate the club in the same manner as in the past. However, because
of technicalities of the ABC regulations, a change in the J.iqnor liaense
classification was required. Therefore, the Commission woL:ld have to
determine whether the proposed use was appropriate and whether there would
be any advantage to the City to restrict the club's oactivities to its
present method of operation, which would preclude a public dance hall
with on-sale liquor in the future should the property be sold or the
operation altered.
Mr. Anton Dumhart, 13920 Beach Boulevard, Westminster, attorney repr~senting
the petitioners, appeared before the Commission a~id noted the staff had
correctly summarized the position of the Phoenix Club; that there was no
intent to change the manner of aperation, and the reason for the application
was because of technicalities of ABC who stated a public license would be
required instead of a private club license; that the dance facilities were
not open to the public; and that any assurance the Commission would r~quire
to guarantee that the club would be operati,ng in the same mannex aC in the
past would be given upon request.
Commissioner Gauer inquired whether or not it was the club'~ intent to
convert to a public restaurant; whereupon Mr. Dumhart r.eplied that thez
would, in no way, solicit public admission, but they would permit the
public to come in to the restaurant portion but not to the dance area,
which could be closed off.
Commissioner Farano then inquired whether or not the club was pze~ently
1.icensed by ABC, and if so, what was the problem at the club which inter-
fered with ABC regulations.
Mr. Dumhart replied that it was a violation to sell alcoholic beverages ;;o
a non-member, and during their large dances ii a member brought a guest who
wanted to purchase a drink from the bar or waiter, under the present license
this was not permitted, and the only alternative they had would be to bill
all charges to members - however, they were not equipped to operate in this
manner.
Mrs. Donna Scarbrough, 1474 Douglas Road, appeared before the Commission
in opposition and stated she was the co-owner of the mobilehome park
immediately to the north of subject property; that they did not oppose the
private club in its original form, but policing of the non-members and
on-sale liquor to the general public would invite additional traffic to
the area and increase the already unbearable noise now present when large
crowds gathered; and that although the agent for the petitioner indicated
there would be no change in the present operation, this could change if
there were a change in officers. Furthermore, there was inadequate p.arking
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MiNUTES, C2TY PLANNSNG COMMISSZON, June 7., 1971
~_~
71-327
VARIANCE NO. 2259 - m4ny times when ~eorle ~arked on t:,1s very n.y;rrow
(Continued) street, particula.rly w~r:;~ che dances were i~r~+ng held.
Mr. John Wells„ t,~C~ S~uth Douglas Road, appeared in
opposition and stated 'c:iat 2;~ cvas p~~:,~•nti: g a petition signed by approxi-
mately 92 of the 100 resid~;nts o. i:hc. mt~hilehome park, concurring in the
opposa.tre~>n previ.casly presentQd; ~l.iat the residents were yery unhappy witii
the preswr.t 5±tuation, and if perR~:°:•;,ed to have on-sale alcoholic beverages
to the gen..ral public, thzs waulZ ~~;.npound an already und,~sirable situation;
and that it was not a goc~d s3tuat:ia7, for residents of the ?iobilehome park
who planned to reside the~re for s~~me time to come.
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A letter of opposition from Mr. H~.rl~ert Dovglas, 106i1 Douglas Roals, ~r:ner
of the large agricultusal narca:.. t.o the wesc, wa~ z<_~.ad to ~he Commi~•_?~~. !
Mrs. Caroline Scarsbrough, 140U S~uth Douglas R~iad, appeared before the ~
Commissi.on in opposition and stai.ed that she was one of the ~riginal I
developers of the mokilehome pa•r.'k, and they wo.~alr3 have baen hesitant t, open ~
their facilities if they thr~~;ght. t;:e priv3te club wouJ.d be permitted ;:o
be open tc th~~ public. ~
Mr. Robezt Long, 1400 Sruth Douglas Road, appeaz•en be£ore t:ie Commj.ssion
in opposition and sLated tha.t one thing which was not brou3ht out was the
fact ~:hat the mobilehome parY: and the private clsb were developed whila the
property was under the juri~diction of the Count~~, and the County did :~ot
require street lighting. *.?owever, because of thE: narrowness o.E the r~ad
and the amount of traffic, particular~Y ::!~en one considered the fact that
just north of the club there was a%' ;,tle bend in the road, anc' t~;:r.ing a
rather dark night maay cimes he had come home arid almost run over sevtxal
peoplP ~eca.use the area was not lia ted.
Commissioner Seymour enterea the Cou..cil Chamber .at 4:25 P.M.
Ch~.irman Herbst notE;d thaL _t was rather unfortunate these comolaints wera~
bein~t present~d, but at the L1T:R rhe County was co::;idering the pe~ition
for {!-ie ~nobi~elac~me park, th: ~?.;nning Commission anci C.i`y C~uncii had made
:'2rY '•''r l'~~g zecomme:ndai3ons 'chaL• rs~i dential u~e~ wese r3ot comgatible with
this .~i•ea. F]oweve.i:, the, Cou_zty chose to ignore these recor.:mez~dations, and
now ~hat the prope~:ty was in the City, these prablems seemed to be appear.-
ing more f•re~uentl}~ - this was something that tlte City of Araheim inher.ited.
Mr. S2aughter advis~~d the Commission that one of the cor.dit?.cns i-ecomme.nded
by the Interdepartmental Committee if subject petiti~n were ~pproved was
tne installation of street ligh•cs.
Mr. Lumhart, in rebuttaY, n~ted that all but one of the opposition were
from t'he mobilehome park, and when the.cond?.tional pe.rmit was considered
by the OrangE~ County Planning Commissi'on, they, too, had voiced verj strong
oppos3tion, indicating that it sesidential uses:were approve6, one cc,uld
expect c~u~plaints Since the 2hoenix Club sele`~ed this site `.~cause tI12kQ
were n~ residential n:ses in close proximity ~, ~~cept ~or the agricult.ural
ar~_a, which suited 1_heir purpose:s, be.ause there was nr, -aap t~ curb noises
from cars and pers!,ns attending the club'`in `the late hours. However, the
County Planr.ing Cummission approved it anyway ahd stated that since the
Fhoenix Cit~b was already established as a prior use, any cctnplaints ~rom
subsequenic residents there would h,~ve n~ beari.ng. Furthermore, he felt that
the l.egal notice was.somewhat in error.since iL was not their intent •to
operate a public dance hall, and th~y wr.uld so stipulate; that he had dis-
cussed t:ii~ ma;:te~• with the City Attor;•.ey, who advised him ther:~ was nothing
in tY..-t:Anan~im Munic_pal Code that governed the operation of the Phoenix
C.luh since 't d~.d not flt the inte~~.retation of a public danae hall oge•ra-
tion; that it was ttieir inteat to ~perate in the same mannei as they had in
the pa~t. bu•,, n~eed~d this clarification of a different ABC license, even
thouai~ tiiey stiil in'_ended to operate as a private club, ABC required a
different licer.ise. Then, in respons~ to a questiou by the Commission,
statsd he wou:d stiaulate that this fa~ility would continue to be operated
as a private club, and that ti~=s stipulation would not block them from
obtaining an A»C license, althougi~ they would have to permit the public to
the restaurant porti.on, and there was no other requirement by ABC since the
dance area had ne+er been open to the public.
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MINUTES, CITY P~ANNING COMMISSION, June 2, 1971
l~l
71-328
VARIANCE N0. 2259 - Commissioner Farano then noted that since the petitioner
(Continued) had indicated they would be required to open the restau-
rant to the public, th~a could present a problem and
inquired whether or not there had been any policing
problem in tne past.
~
Mr. Dumhart replied that the clul~ had been in operation since 1965, and
the only pro!~lem he could recall was the parking on the mobilehome park
property. However, since a wall had been constructed, there was r.o longer
a problem.
C~mmissioner Farano then inquired what gave rise to this new petition-
appli.catiun at this time if the club had been operating all this time;
whereupon Mr. Dumhart replied that someone had complaiaed to ABC that the
club was operating a commercial establishment serving the general public,
and an inspector from ABC had obtained admission and was sold some liquor
without being required to identify himself as a:rtember - thus ABC advised
them the club would have to obtain a different license in order to operate;
and that there were 5000 families having membership in this club.
Coma~.issioner Gauer stated he would be opposed to opening the restaurant to
the general Fublic since there were certaia. requirements the Commission had
where the qe~.eral public was admitted: 1) having the bar separated from
the dining area; and 2) a given number c,f ~q~are feet devoted to the food
preparation area.
Mr. Dumhart s~tated that it was not their intent to serve the general public,
but the P,BC license might requz.re the club to a3mit the public, and that a
physical separation of the bar and the restaurant from the dance area was
possi.ble but no•~~ between the bar and the dining area; and that he did not
know wliether the food preparation area~would meet the Commission's require-
ments.
Commissioner Allred inquired whether oz not membars could bring guests and
would the memb.ers be able to purchase drinks for their guests or vice versa,
and woul& there be any violation.
Idr. Dumhart replied that so long as a member purchased the drinks, there
would be no violation; nowever. whe:i the guests attempted to purchase a
drink, then they wo,il;~ be in violation under the existing license.
Commissioner Farano was of the opi.nion that the Fetitioner was trading one
oolicing and a~3ninistration pr.obiem fc~r another, and the latter would be
more di;ficul~ to police since this :.ould be a possible zoninc violation
wh._ch the City w~uld have to police; ~.nd fihen i.,qu:red wt;en the club was
cited for this vioiation; whiareu.pun Mr. Dumhaxt replied approximately three
months ago - however, he did not knosa w'r,o complai,~ed, but lie would assume
it was from a commercial est~Y:lishment. However, there were no inside
disturbances or problems.
Mr. Dumhart then in response co a~uesticn by tne Commi~sion as to whether
or not the club would be sble to operate if subject, peti.tio:i were denied,
stated that they would be for:ed 'r~ y~o <o a charge system, and at tne
oresent time they were not equippced to handle this since they had been
operating on a cash basis.
Chairman Herbst was of tne o,~inion that approval would mean a general public
restaurant, b;.t t.he members could establish their own controls by advising
their guestR that purchases by them ~~ere prohibited, and if this could not
be accomplished, i:hen this would be cunsidered an open facility.
Mr. Dumhart replied that members could bring guests, and the membership
cards were checked. fiowever,. un a ~iance night there was a constant stream
of people, and while the membershi,p cards were being checked, people could
walk in behind the menbers.
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MINUTES, CITY PLANNZNG COMDSISSIOh, ~une 2, 1971
{ _~
71-329
VARIANCE NO. 2259 - Commissioner Farano inquired of the ability to police
(Continued) a public use of the dance hall facilities in the event
tbe restaurant were open to the general public and a
general license was obtained - the petitioner would be
trading the policing and administration of one restriction for another, and
that sounded more significant and more difficult to him.
Mr. Dumhart stated that they would have the same restrictions since the dance
hall was separated and only members were admitted with their guests to the
dance facilities. Therefore, there would be no greater problem than presently
existed.
Chairman Herbst noted that he would not be opposed to a restaurant since this
f~'`~'".'~~ was a permitted use ia~ the M-1 2one, however, the petitioner would have to
meet the Commission's reauirements for restaurants, but he could see no
`.~ .` reason for a
,.~; pproving on-sale liquor with a general license.
',? Commissioner Farano inquired whether or not the club leased out their
facilities to other organizations, and °_f these facilities w~re lea~ed out,
~ would this mean they would be automatically allowed to use the bar facilities,
~ and was it possible to have a bar set up in the dance hall facility.
Mr. Dumhart replied that they rented out some small rooms for wedding
receptions, and the bar facility was part of the catering service, however,
the main dance facility was never rented out to the general public or to
clubs.
Commissioner Farano was of the opinion that he would rather the petitioner
have the responsibility of policing and administrating this problem as to
membership rather than making it a duty of the City, since if the petitioner
were forced to do his own policing, he would do it to preserve his very
existence; that he also belo--ged to private clubs and could understand why
pe~ple would wan;: to purchase drinks, particularly when they were guests
and wanted to impress someone - however, he was not willing that the City
be given this policing problem of checking at the door to determine whether
the person was a member or not, and he could not vote in favor of this
petition unless there was some restriction on the use of the dance hall
since it would appear i•k:is facility was beginning to lose its character as
a private club and was taking on the appearance of a public dance hall.
Furthermore, he would even like to r~strict the leasing portion. In addition,
if the City were required to check all identification cards and verify the
membership, this could be a considerable burden which the City could not
undertake, but if this were not done and approval were given for subject
petition, this would permit this to be a hide-open operation; that there
appeared to be no problem if the club would establish rules that no drinks
were to be sold except to members; and that the members should so advise
their guests.
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THE HEARING WAS CLOSED.
Commissioner Farano offered Resolstion No. PC71-99 and movs': for its passage
and adoption to deny Petition for Variance No. 2259 on the ~asis that while
the petitioner indicated that the front portion of the building where the
bar was located would be technically open to the oublic while the dance hall
section of the building would be open only to club members, the granting of
subject petition, even with these restrictions, would place a rather difficult
burden upon the City in terms of enforcing said restrictions; that the use
praposed would be a public dance hall that could be administered without
~arious types of controls and restrictions which are normally inherent with
an operation of this type; that the petitioner proposed this to be a public
restaurant, however, there was apprehension on the part of the C~mmission
that the kitchen facilities would not meet the requirements set forth in the
Anaheim Municipal Code, nor that the bar would ~e a separate entity from the
restaurant as had been xequired in the oast by the Commission; that the
petitioner had not demonstrated that the requested variance was necessary
for the preservation and enjoyment of a substantial property right possessed
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MINUTES, CITY PLANNING COMMISSIQN, ~une 2, 1971 71~330
VARIP.NCE NO. 2259 - by other property in the same vicinity and zone and
(Continued) denied to the prcperty in question. (See Resolution
Book)
On roll call the foregoing zesolution was passed by the following vote:
AYES: COMMISSIONERS: Allred, Farano, Gauer, Herbst, Kaywood, Rowland.
NOES: COMMISSIONERS: None.
ABSENT: COMMISSIONEZ.S: None.
~ ABSTAIN: COMMISSIONERS: Seymour.
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r. Commissioner Sey.:.our in3icated his abstention was based on the fact that
~~ ,~. ~ he was not present for the entire hearing.
1
Ve'~RIANCE NO. 2260 - PUBLIC HEARING. LONNIE M. DUNN AND WILLIAM C. SANGSTER,
2718 South Grand Street, Santa Ana, California, Owners;
requesting WAIVERS OF (1) MINIMUM REQUIRED FRONT SETBACK
AND (2) REQUIRED MASONRY WALL on property described as: A rectangularly-
shaped parcel of land having a frontage of approximately 288 feet on the
east side of State Colleqe Boulevard, having a maximum depth of approximately
205 £eet and being locatea approximately 28D feet south of the centerline of
Orangewood Avenue. Property presently classified M-1, LIGHT INDUSTRIAL, 20NE.
Assistant 2oning Superviscr Malcolm Slaughter noted the location of subject
property, uses estab"iished in close proximity, and the request of the
petitioner to withdraw the variance based on the fact that other uses of
the property were undi:r consideration, and staff would recommend approval
of said withdrawal.
_
' Commissioner Farano offered a motion to terminate all proceedings on
i Variance No. 2260 since the petitioner requested withdrawal of the petition.
.1
'`~ Commissioner Allred seconded the motion. MOTION CARRIED.
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, VARIANCE NO. 226~ - PUBLIC HEARING. ALFRED W. MELIN, 345 Dania Street,
Buellton, Califor~aia, ~wner; SAUNDRA L. COLLINS, 2167
+=~ West Katella Avenue, Anaheim, California, Agent;
! requesting WAiVER OF MINiMUM REQUYRED PARKING TO PERMIT ONE COVERED PARKiNG
SPACE on property described as: A rectangularly-shaped parcel of land
;~,,~~ having a frontage of approxi.mately 63 feet on the north side of Katella
- Avenue, havj.ng a maximum depth of approximately 120 feet, and being located
`: approximately 240 feet east of the centerline o~ Brookhurst Street, and
'•'':' further described as 2167 West Katella Avenue. Pro ert
fied R-1, ONE-FAMILY RESIDENTIAL, ZONE. P Y Presently classi-
Assistant Zoning Supervisor Malcolm Slaughter reviewed the location of
subject property, uses established in close proximity, and the requested
wuiver, noting that the petitioner was attempting to legalize the conver-
; sion of one of the required garages to a workshop/workroom - however,
y under the or3inance, a two-car garage was required; and that the room was
beinq used as a dental lab, a permitted home occ:upation, therefore, the
Planning Commission would wish to determine if ther.e were justification
- for the waiver requested.
~:~ Chairman Herbst nated the electrical wiring was constructed in this building
~ without having received approval for it.
: Mrs. Saundra Collins, 2167 West Katel:.a Avenue, agent for the petitioner,
~: appeared before the Commission and noted it was her intent to continue the
dental lab operation in the existing facility, and th3;: they had need for
only a one-car garage.
Chairman Herbst inquired whether or not the agent for the petitioner would
~ stipulate to conversion of the workshup/workroom to a regulation two-car
`~ garage structure in the event the use was terminated; whereupon the agent
for the petitioner stipulated that this would be done in the event the
property was sold.
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MINUTES, CITY PLANNING COMMISSION, June 'L, 1971
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71-331
VARIANCE I;O. 2261 - Discussion was held by the Commission regarding the
(Continued) conditions of approval, it being noted that consider-
able money would be expended to permit the use estab-
lished to be continued.
' The agent far the petitioner then stated that although she was the agent,
she did not have authority to agree to dedication, street lights cr street
tree fees, or the sidpwalk improvement.
~,,,~ Mrs. Collins further noted, in response to Commission q,uestioning, that she
°t:;;; wnrked in the workshop and resided in the home - howeve:r, there was a
,!-:" '!~ possibility that eventually she would have a partrer wY:o would work with
~ her, but there would be no emplopees at any time.
~~,; _,
No one appeared in opposition to subject petition.
THE HEARING WAS CLOSED.
Further discussion was held by the Commissi~n relative to the requirement
~~ of street dedication, and Commissioner Seymour inquired whether or not this
could be a condition of dedication subject to offering of said street
dedication at such time as Katella Avenue was to be widened or upon demand
of the City; whereupon Deputy City Attorney Frank Lowry advised the Commission
that this could be done.
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~-~ Office Engineer Jay Titus stated that the dedicatiar. would not become effec-
'~ tive until such time as conditions occurred whereby street widening was
;:`. .'~ necessitated - then the City could demand said street dedication; whereupon
,,, the agent for the petitioner agrcced to said requtrement.
:~
The Commisston then inquired whether the agent for the petitioner would p~~st
a bond to in~ure conversion of the existing workroom to a regulation garage
~ at such time as the lease was terminated or the residence sold; whereupon
:~ Mzs. Collins so stipulated.
;,-A Commission~r Gauer offered Resolution No. PC71-100 and moved for its passage
~ and adoption to yrant Petition for Variance No. 2261, subject to the owners
of subject property conditionally dedicating to the City of Anaheim a strip
,`~ of land 50 feet wide from the centerline of the street along Katella :,venue
~ at such time as street widening took place or upon request of the City; that
r„ a bond be posted to insure conversion of the workroom to a garaqe when the
use was terminated; that the existing structure be brought up to minimum
;~, standards of the City of Anaheim, including the Uniform Building, Plumbing,
.~ Electrical, Housing, Mechanical, and Fire Codes as adopted by the City
of Anaheim; that the property shall be developed substantially in ar,cordance
with plans and specifications on file with the C~.ty, marked Exhibit Nos.
1, 2, and 3; and that Condition No. 1 shall be complied with withixi sixty
days, or such further time as the Planning Commission may gra.nt. (See
'';,; Resolution Book)
~~ On roll call the foregoing resolution was passed by the following vote:
~
AYES: COMMISSIONERS: Allred, Farano, Gauer, Herbst, K~~~wood, Rowland,
~ Seymour.
NOES: ~OMMISSIONERS: None.
;. ABSENT: ~OMMISSIONERS: None.
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?; 'f VARIANCE NO. 2255 - PUBLIC HEARING. JOHN HOPKTNS, 711 Central Avenue, Seal
'' ~~~~ Beach, California, Owner; EDUARDO ESTRADA, 932 South
Kenmore Avenue, Los Angeles, California, Agent; request-
ing WAIVER OP' PERMITTED USES TO ESTABLISH A RETAIL TIRE STORE on property
described as: A regularly-shaped parcel of land having a frontage of approxi-
mately 100 feet on the south side of Lincoln Avenue, having a maximum depth
~; . of approximately 260 feet, and being located approximately 334 feet west of
~' the centerline of Beach Boulevard. Property presently classified C-1,
GENERAL COMMERCIAL, ZONE.
~•. Assistant Zoning Supervisor Malcolm Slaughter reviewed the location of
`~">` subject p.roperty, uses established in close proximity, and the proposal,
`~`.; noting that the applicant was proposi.ng a 3800-square foot building having
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~J
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71-332
VARIANCE NO. 2255 - a sales room and five automobile service bays; that all
(Continued) site development standards nf the C-1 2one were being
observed, including the required 35-foot setback along
Lincoln Avenue; that the plans indicated a proposed pole
siyn located approximately 32 feet from the westerly property line, whereas
the ordi~.ance wou13 require the sign to be at least 40 feet from that property
line; a!.: that given the surrounding land uses to the east and west, the
proposec: use would not appear inappropriate - however, the Planning Commission
might wish to inquire as to the proposed use of the rear 120 feet of the
property.
Mr. Ed Estrada., agent for the peticioner, appeared before the Commission and
submitted a drawing of the propose.d building, noting that the property to
the east was zoned C-3, and the property to the we~t had a restaurant on it;
that it was proposed to establish a Uniroyal tire facility; and then in
response to Commission questioning, stated that the rear 120 feet was plar.ned
to be left vacant for future developmen~ of a covered storage area since
there would be no outdoor storage prop~sed, therefore, this would eventually
be developed as a warehouse.
~~;_ Commissioner Seymour inquired whether or not the petitioner w
as aware of the
location of the sign; whereupon Mr. Estrada stated that the
w
;;; y
ere unaware,
however, they would relocate the sign in accordance with th
,;'(j e Sign Ordinance.
; +~
6~f
~,: Nu one a eared in o
PP Pposition to subject petition.
.. THE HEARING WAS CLOSED.
;
.
i ~
~~
Commissioner Allred offered Resolution No. PC71-101 and moved for it
L
~ s passage
and adoption to grant Petition for Variance No. 2255, subject to conditions
(S
R
.
ee
esolution Book)
3
:.~,
: ~
,..,:_;
On roll call the foregoing resolution was passed by the following v~te:
,
~
.
~
AYES: COMMiSS20NERS: Allred, Farano, Gauer, Herbst, Kaywood, Rowland,
S
; eymour.
;~ +s
~ NOES: COMMISSIONERS: None.
"r ~;` ABSENT: COMMISSIONERS; None.
uRi'. . ~~VMj
~ ,;
,
VARIANCE N0. 2263 - PUBLIC HEARING. KENNETH E. SARVAK, P. O. Box 2880
..~ ,
Anaheim, California, Owner; requesting WAIVER OF MINIMUM
~^. ^~' REQUIRED SIDE YARD SETBACKS on property descr?bed as:
A rectangularly-shaped
arcel
f l
~'
~~ p
o
and having a frontage of approximstely
74 feet on the south side of Lin
l
;~ co
n Avenue, having a maximum depth of
appxoximately 200 feet, and being located
I
~ approximately 654 feet west of
the centerline of Dale Street, and further describ
d
~ e
as 2840 West Lincoln
Avenue. Property presently classified C-1, GENERAL COMMi;RC2AL, 20NE.
a Zoning Supervisor Charles Rob'erts reviewed the location of subject pro
ert
nses
.,,~
.S p
y,
established in close proximity, and the waiver requested, noting that
subject
ro
t
` ~
r' ~h.
-r p
per
y was zoned C-1 under Reclassification No. 70-71-16 as part
of a zoning action
l
_ rec
assifyinr the property to the east to R-3; that
subsequent to th
~ e approval of ti ^ C-1 zonir.;, the applicant received
approval of a varianc
t
~
g
'
i e
o permit u5e of the existing residential structure
as an office with parkin
in th
f
~
~' g
e
ront setback area, this having been
approved in January, 1971; that the applicant n
`
~
'
1 '
- ow proposed to completely
remodel the facade of the structure and construct
t
~
~'
' an ex
erior elevation
extendinq from the easterly property line to the westerly
ro
p
perty line,
and due to the R-3 zoning on the property to the east, a minimum 10-fo
t
~.
~
; o
setback would be required along the east property line - however
the
-
;
~, ,
car
ports for the R-3 property were abutting the easterly property line,
therefore
th
'
,
;,.; J
c,. ,
e applicant
s proposal to extend his walls to adjoin the car-
port walls would
,,
a.. _
:;~ not appear objectionable.
?
~~ Mr. Ken Sarvak, the petitioner, appeared before the Commission and stated
the
were
tt
.
; y
a
empting to convert the ugly building into a professional
; appearance; that they had spent considerable money on the inside of this
1` .+;
~ property; that the development to the east was a three-million dollar
development
and th
°
~;;' ,
ey we
~ attempting to tie ?n their development with
:.~c •..'
;.
s
, .. . y: ~
`~ - <m:: ~.,..;~_
v~` : ,
_ . ~__, _'~ ~ .
I
,~i- .
~
--- -- 4 ~ , , .
~
V r"~ ----- ---~
~
~+ `~.J
ti
MINUTES, CTTY PLANNING COMMISSIpN, ~une 2, 1971
VARIANCE NO. 2263 ~1-333
- this adjoining property; and then in response to
(Continued) Commission questionin
g, stated that it was their intent
to provide landscaping, however
aqreement with the contractor of theyapartment complex
to the east to install the sidewalks, curbs, and gutters, etc., but they
did not realize this would be a six-months' proposition, but it was their
intent to landscape the area.
No one appeared in opposition to subject petition.
THE HEARING WAS CLOSED.
Commissioner Rowland offered Resolution No, PC71-102 and moved for its
passage and adoption to grant Petition for Variance No. 2263, subject to
conditions, and the stipulation of the getitioner that landscaping would
be installed upon installation of the sidewalks and curbs. (See Resolution
sook)
On roll call the foregoing resolution was passed by the following vote:
AYES: COMMISSIONERS: Allred, Farano, Gauer, Herbst, Kaywood, Rowland,
NOES: COMMISSIONERS: None~ur.
ASSENT; COMMISSIONERS: None.
~, VARIANCE N0. 2264 - PUBLIC HEARING. STANDARD SYSTEMS
INTERNATIONAL, INC.
2415 South Manchester Avenue, Anahei
"'
~ m, Ca23fornia,
California, Agent; requestingCWAIVE
e
y
San P
d
M
4
G
.
,
e
ro,
R OF
SIGN on
MAXIMUM
PERMITTED
property described as: An i
HETGH'T OF
A ROOF
<
~i rregularl
a frontage of approximately 184 feet on the w
having a
th
r
d
es
side of
maximt~m depth of a
Manchester
AVenueg
mately 1
100 f
o
B
f
d
,
eet north of the
being located a
centerline
oxi-
of
Cha~man
described as 2415 South M
Avenue
, and further
anchester Avenue. Pro ert
C-1, GENERAL COMMERCIAL, ZONE, p Y Presently classified
~,,;~d
' ' 2oning Supervisor Charles Roberts reviewed th~.
uses established i
locatio
`
;~ n close proximit
n of subject property,
square foot roof si n on th
l to establi
h
a
g
~~
, s
e existin
a 220~
office buildin
sign would be 43
g
feet, 5 inches above g% that the tcp of the
O
~=~ rdinance the maximum sign height aboveround level; that under ths Sign
to th
r
~,
'~! 4
aund Ievel would be 35 feet due
e proximity of. residential land uses to th
Commission
`
'.v e west
therefore, the
would have to cietermine whether there w
the waiver r
~
;t as an
equested, y justification for
`a
x'
i Mr• Paul Ta lur
Y , 10605 Dixie Drive, representing the a
indicated his
r
?
p
gent for the
esence to answer questions.
petitioner,
'
~ y Chairman Herbst inquired why the petitioner could not
inq the sign i
i,
; comply with develop-
n accordance with the Sign Ordinanc
~
~ e.
Mr. Taylor replied that the buildin
w
d
.,~ g
an
as 25 feet high and 100 feet long,
the aagle of the building was such tha
the si n if h
t one
3
w would not be ahle to see
e were close to the buildin
grade, said sign w
l
~
h
h
"~ ou
d
disappear from view within
t above
southerly approach
300
feetwf
,,' .
rom the
}
~ ;.
';~ Commissioner Gauer noted that a similar
pool company had
1
h
.~
r requested a sign; whereupon
Mr.
Commission that althougk
RObertsradvisednth
th
e
~"
~
;:
a ,
e
e Commission had denied the pool si n
City Council had allowed the petitione
5. the
~;
r. r to
go above code requirements.
Co
i
~' ;
: mm
ssioner Farano inquired what the lettering on th
the readerboard
~
;.
= e sign meant in
area, and then the ~ g
was to desi nate wnxch Petitioner s a ent explained th
g jobs
(~~
~~~ at this
and locations were under consideration
,, .
No one a
ppeared in opposition to subject petition.
THt HEARING WAS CLOSED.
_ - ,`~~ ~,"~r `,' • -„ .. _.
i~ ~.
_ - _l _ .
;-
V
. ~
~
4:~'
MINUTES, CITY PLANNING COMMISSIUN, ~une 2, 1971
~
~ ..J
71-334
VARIANCE NO. 2264 - Discussion was held by the Commission relative to the
(Continued) varyinq sign heights in this area, and it was then
determined that the pool sign was 50 to 60 feet high,
- while the trailer park had been approved for a 60-foot
~'~' height.
Commissioner Rowland then inquired whether or not the location of the trailer
- park was the reason for the sign height limitation; whereupon Mr. Roberts
_. replied that this, in addition to the R-1 properties in the City of Orange to
-:~-~= the southwest, limited the height of the sign.
~""`~~ Commissioner Rowland then inquired whether or not the City of Anaheim was
required to protect residents of another city when they were not protected
`~'.~ .~` as much by their own signing ordinances when one looked at the Holiday Inn
~`_ :~ sign in the City of Orange.
', Mr. Roberts, in response to a question by Chairman Herbst, noted that if
there were no residential uses within the area, the sign height could be
1 75 feet; however, it could not be any greater than the distance from the
. point of the sign to the centerline of t;ie street, and Manchester Avenue
~ was a 30-foot half-width - therefore, this tvould also be a controlling
factor, and the 75-foot high sign would not be permitted.
:;I'
; ~.
Commissioner Farano offered Resolution No. PC71-103 and moved for its passage
and adoption to grant Petition for Variance No. 2264, based on the fact that
.'~" a precedent had been established by prior action of the City Council in
approving both the pool sign and the trailer park sign, however, denying the
~ request for the readerboard sign as projected below the main identifying
~ sign area since he would be enjoying a right not enjoyed by other property
-''~~ owners, and subject to conditions. (See Resolution Book)
On roll call the foregoing resolution was passed by the following vote:
AYES: COMMISSIONERS: Allred, Farano, Gauer, Herbst, Kaywood, Rowland,
±~~~:'''" ';' Seymour.
i,'~`<,;-;-~ NOES: COMMISSIONERS: None.
ABSENT: COMMISSIONERS; None.
1' '.I
VARIANCE NO. 2265 - PUSLIC HEARING. BEULAH MAY CALLAHAN, ET AL, 2067 Narth
:--~ Cambridge, Orange, California, Owners; AUGUST VILJAK,
~ 511 North 2eyn Street, Anaheim, California, Agent;
~ requesting WAIVERS OF (1) MINIMUM REQUIRED SIDE YARDS, (2) MINIMUM REQUIRED
`Y RECREATION AREA, (3) MINIMUM REQUIRED TRASH STORAGE AREA, AND (4) VEHICULAR
ACCESS LOCATION REQUIREMENTS on property described as: A rectangularly-
shaped parcel of land havinq a frontage of approximately 54 feet on the
east side of Zeyn Street, having a maximum depth of approximately 112 feet,
` and being located approximately 90 feet south of the centerline of La Verne
;_> Street, and further described as 846 North Zeyn Street. Property presently
~; classified R-2, MULTIPLE-FAMILY RESIDENTIAL, 20NE.
>ti
' Zoning Supervisor Charles Roberts reviewed the location of subject property,
-"'-i~ uses established in close proximity, the waivers requested by the petitioner,
~, and the proposal to develop a two-story fourplex on subject property with
41 a sufficient number of ~arking spaces to meet code; that access would be
difficult to all of the parking spaces provided from the alley, as required
by code - therefore, the plans indicated that one garage would be located
_ on the front of the property with access directly from Zeyn Street; that the
~~ applicant was also proposing to locate the garage walls on the side prope•ty
_ line toward the rear portion of the property - however, under the ordinanc.e
:'' a minimum 14-foot side yard setback would be required due to the fact that
~~' '''. these garages were part of the main structure; furthermore, this partic:ular
"~; waiver had been granted to the agent for the petitioner in the past on
another parcel located in the downtown area; and that the other two s?de
yard waivers related to the distances between the apartment units and the
;t side lot lines. In addition, the applicant had not made provision for a
_ standard trash storage enclosure, but had indicated that trash cans could
_" be provided along one wall of the garage area, and in discussing this with
the Sanitation Division, they had indicated this was not a particularly
~`, desirable situation - therefore, the Commission might wish to determine
~c ?
i
~
~ . ..
.. .r . ;-=`•r".. -~_: .. .._, . .
t. ,w. - ~ , _ .. .
. . , ~. . ' . . .. . . . ~ ~ ~ ~ ~ ~~ • ~ _...
- - - ~ . . ~ . . . ' '._-`-'- ;w~-~~
. . . -. ~ . . . ~ . . , ~ ~ ' ~ , i ~ ; .
~~: .
f N>
,~ ___.-.,_
-r f ~
V
U
~J
MINUTES, CITY PLANNING COMMISSION, June 2, 1971 71-335
VARIANCE NO. 2265 - whether this type of arrangement would be satisfactory
(Continued) or whether other arrangements should be made. Further-
more, the applicant indicated 'ne had a total of 883
square feet of recreation-leisure area, and if this
square footage were provided in areas where minimum code dimensions could
be satisfied, it would meet the minimum requirement for the R-3 Zone, but
it would appear that the dimensions of the ground floor recreation areas
did not meet code minimums. Therefore, the Planning Commission might wish
to determine whether or not the side yard areas should be included in the
overall calculation of the outdoor living area.
'~~''~"~- - Mr. August Viljak, agent for the petitioner, noted that a similar situation
,s_~~,,"~` existed on La verne Street wherein the east side was commercial, having a
~ 18 to 20-foot high wall and the north side had a one-story apartment build-
t' ing; that it ivas necessary t~ provide one parking space having access from
~~~ ' 2eyn Street; that a similar variance had been granted two years ago -
however, at that time only one and one-quarter parking spaces were required,
~~ whereas now the q q
~ parkin re uirement had been increased to one and one-half;
that he was proposing garages rather than carports; that everybody residing
~ along Zeyn Stre?t kept their trash cans in garages and moved them outdoors
~., to be pick~d up on the trash pick-up day - therefore, for the number of
people that wculd reside in this development, the location of the trash area,
as proposed, woLld appear to be adequate; and that from his calculations, the
required recreation area was being met since there was a space of 11~ x 11~
on the north side and an additional 6 x 14 feet on the south side.
_ y:
Chairman Herbst noted that he did not feel the carport or garage waivers
;~ were of importance, but he was somewhat concerned with the trash storage
areas.
~ <;<
`'~~ ;.'-~, No one appeared in opposition to sub ect
;:~,~ j petition.
- PHE HEARING WAS CLOSED.
- Commissioner Seymou:c noted that the request made by the petitioner should
- not be construed as having set a precedent since this could apply thxough-
out the cit1; however, in this particular area under consideration where
the Commission had recommended R-3 zoning, th„re were special pr.oblems, and
-~ special problems required special consideration.
r~~ ~~ Commissioner Seymour offered Resolution No. PC71-104 and moved for its
~,,, !~: passage and adoption to grant Petition for Variance No. 2265, subject to
y; conditions, on the basis that subject property was a problem parcel because
,~ of its size a;~d shape, and the petitioner had demonstrated that a hardship
,,;;~ would exist if waivers were not granted. (See Resolution Book)
' fi On roll call the foregoing resolution was passed by the £ollowing vote:
~.
AYES: COMMISSIONERS: Allred, Farano, Gauer, HerY,st, Kaywood, Rowland,
Seymour.
%;`~< NOES: COMMISSIONERS: None.
?;~ti ABSENT: COMMISSSONERS: None.
y_.
,' CONDIT2~NAL USE - PUBLIC HEARI.r'G. SAMUEL L, BRYANT, 114 Willowend,
; PERMIT NO. 1241 .~ Houston, Texas, Owner; DICK RHODES, c/o Ashwill-Burke
& Company, 8100 Garden Grove Boulevard, Garden Grove,
- California, Agent; requesting WAIVER OF PERMITTED USES
z'- TO PERMIT AN ANIMAL CARE CENTER FOR THE TEMPORARY HOUSING AND CARE OF LOST
_, AND DISTRESSED ANIMALS IN INDOOR QUARTERS, INCLUDING TRAINING CLASSES ON
i~'` ' CARE OF ANIMALS on property described as: A rectangularly-sha ed
~ ' p parcel
'r- located at the northwest corner of East Street and Lacy Avenue, having
frontages of approximately 140 feet on East Street and approximately 138
a'' ' ~ ; ,
;';~ feet on Lacy Avenue, and further describ~d as 1039-1041 Lacy Ave. Property
':- pre=ently classified M-i, LIGHT INDUSTRIAL, ZONE.
~.
~ ' 2aning Supervisor Charles Roberts reviewed the location of subject property,
,~ uses established in close proximity, and the request of the petitioner to
esfablish a headquarters for the Humane Education Animal Care Center and
; temporary housing and care of lost and distressed animals in an existing
~,:; industrial building; that training classes would be held for humane officers,
',~;- animal control officers, and other persons engaged in the Eield of animal
i
i ,
~} , _ _ .. :a:
- ' y'
!
. . ~ ~a ;
~~:~.
,. .is'~,
, •~~
; ~
;
{ - ~-
~-~ ~j ~,_)
' MINUTES, CxTX,PLANNING COMMISS'ION, June 2, 1971 71-336
CONDITIONAL USE - welfare and controlj that c~asses in pet carP would also
PERMIT NO. 1241 be provided; and that the Planning Co~mmisciun would wish
-~ (Continued) •to determine whether th~ proposed use was appropriate
- and whether any special conditions or xestrictions should
, be imposed to insure compatibility with the ~urrounding
land uses.
Mr. Dick Rhodes, authorized agent for the owner, appeared before the Commis-
sion and noted that the concept that was proRos~d would be explained by the
- operator; that they had spent almost two and one-half months in preparation
of this pefition, however, there would be a great chance that the conditional
i` ~'~ use pezmit might not be considered favorably because of misrepresentation
'!. since whenever anyone stated the "Humane Society", they automatically conjured
;~; < a picture of a dog pound - however, the Humane Society of the United States
_~~ headquarters were working in cooperation with the local Humane Society
since there were no facilities similar to this in southern Orange County,
and the only other one that had a similar situation was in Marin County;
and then in response to Commissioner Rowland's question regarding funding,
j stated that this was a non-profit organization.
~ Mr. Herbert Martin, Executive Director of the California branch of the
Humane Society of the United States, appeared before the Commission and
stated that he was in charge of carrying out this program for a headquarters
in Southern California; that funds came from contributions of inembership,
wills, and legacies; that they had fallen into a sizable sum of money, and
the board of directors directed them to e~tablish this facility; that they
had committed themselves to purchasing this property, and this was the type
of buildinq in whi~h they could conduct the first phase of their progr.am -
however, the humane education could not be conducted fully since they would
need an additional 15 acres; that the facility as envisioned on subject
~i property would be totally indoors, similar to a veterinary establishment
':.;~ since this facility would also contain ones that there would be offices and
-`;Y} holding areas for sick and unwanted animals that would be held for a given
_.~ period of time; that they would be proc~ssing animals through there, and
t from a survey made it was possible that they would be processing 20,000 to
! 25,000 animals per year - which would be considered surplus animals; and
j then in response to a question by Commissioner Gauer, stated that if they
,:i had a lost animal, it would be handled in a different manner - however,
these animals would be primarily unwaated, surplus animals which could
he brought to them, and they would determine what to do if they were sick
=! cr diseased or problem animals, and if the were
y problem animals, these
wculd not be put in the community but would be put to sleep; that the proposed
use was only fiiling a gap needed in the community, and it was felt the
". ~~, facility would be adequate for at least three years, which would give them
further time to develop their center concept; that they had several separate
rooms which would have a~oustical ceilings; that the rooms would be baffled
and air-controlled; that everything would be totally contained within the
building; that the exterior of the building would be left as it was, only
that this type of facility would save the City maney; rhat their greatest
-~ problem was dealing with people, not with animaZs; that he had been in
"ti this field for eighteen years, and they planned to use this facility for
',=:i a training ground for humane and animal control officers; that only three
to four persons at one time would be attending classes to work with an
i,~structor; that there would be no large classes or school-type operation;
that pet care classes would be conducted on a small-group basis, and their
experience in the past indicated that people would come with two to three
station wagons at a prearranged time to give the children, such as Girl
- Scouts and Boy Scouts, training; that most of the educational programs
would be conducted in park orograms in school classrooms wherever they
,~,., would be allowed to do so.
:+F".' Commissioner Farano inquired whEther or not this organization was engaged
in th~ ~~~dical experiments of animals, raising, training, or selling them
for commercial uses such as vivisection; whereupon Mr. Martin replied that
this was against their basic national policy; that they had worked very
t. closely with cities and counties where similar problems occurred, and in
cities that would allow this type of operation where there would be problems
in the animal control.
~ Commissioner Farano then inquired whether or not it was planned to retain
.fGe . the diseased animals in kennels, or would they be taken to Orange County;
whereupon Mr. Martin replied that they would put the animals asleep them-
selves on the premises.
~
a.
_~
~ ',
~ ._~.. .t .. ~
. . ..1f ' _ . . . ~ / ~ I . .
\ ~ ~~
~~1
~ J
MI~?UTES, CITY PLANNING COMMISSION, June 2, 1971 71-337
CONDITIONAL.USE - Mr. William Pollack, 1231 East Hampshire Avenue, appeared
PERMIT NO. 1241 before the Commission in opposition.and stated that his
(Continued) concern was the same as was expressed earlier in the day,
namely, that anytime something new entered the neighbor-
hood, it.aroused the neighborhood - however, ia his
investigation of the conditional use permit petition, it appeared to him
that there were some deficiencies, a primary one to consider was off-street
parking; that the representative of the Humane Society who had presented
this had stated classes would be for no more than three to four persons,
however, at another point it was indicated they would have training facilities
"" ~" " for groups of Boy Scouts, etc., and one of the requirements of off-street
~, parking was one parking space for each seat in the classroom, or one per
,,; 10 feet of classroom space - this did not include service vehicles which
~f. '); would be planned in addition to the off-street parking - therefore, the
.c petitioner must have sufficient space for each vehicle to be stored on
the property; that his major cencern would be the manner of disposition of
the animals since the petitioner was talking about disposing of 20,006
~ ~ to 25,000 animals, although he could not believe that they would be dQStroying
":~ that many animals since the County had a disposal area; that the plans
~: did not indicate the area in which these animals would be disposed of;
that he would assume they would be attempting to find a home for good animals,
or if they were not good, to destroy them; that no met.hod or type of manner.
in which these animals were to be destroyed was indicated, and if gas were
;: considered, this would be considered dangerous to the outside - therefore,
's`~': all residents in this area were concerned with the manner in which the
animaTs would be destroyed. Furthermore, how were the dead animals to be
taken care of after they were put to sleep since they would have to be
taken away immediately to prevent obnoxious odors getting into the neighbor-
hood; that odors and noises from these animals was also a concern, and
~, further elaboration of this as to control should be made; and that, finally,
•;~ he would like to note that the nearest R-1 area had 21 single-family lots
,";~ in the tract, and as the result of a concern of the neighbors, there were
~ 24 signatures on the petition indicating the property owners were not desirous
of having this facility in close proximity.
, ~,.,
.j Mr. Martin, in rebuttal, noted that the opposition questioned statements
~;j made abo±it the type of operation, however, since this was completely foreign
;~ to any concept anyone knew, most people expressed doubt; that there were only
three areas in California having a similar operation; that the noise and
! odor was also important to them since they would have their offices there,
:.~j and they would maintain proper sanitation and eliminate outside odors since
"..~ they wanted to keep this as a show place, they would not be permitting any
odors to enter the outside atmosphere.
:~,
Commissioner Seymour requested that the agent be more specific as to the
,`'~ precautions that would be taken; whereupon Mr. Martin noted that the interior
- ;' of the uil ing would be divided into rooms, each room would contain fiber-
glass for different types of animals in the holding area while they
=r were being processed in cleaning and keeping these animals; that in a clean
- > environment all the refuse would be picked up, not flushed down the floor
_' or out the building; that only one drain was in the building and a 4 x 10-
~i„ foot gutter would go to the common sewer which would be so de~igned that
_ it would accommodate collection of animal waste before going to the sewer
y system; that this was an outstanding system and was approved by the Building
`' Department as to disposal for waste; that they wouJ.d have someone on d.uty on
;i a 24-hour basis, at least one person would be there at all times, and one
:`~ person on emergency call at night; that the method in which they woulcl be
eutha$ i'~~d~fthe animals, they did not use qas but would be using sodium
pent , d in the cases of litters of kittens and puppies which made
';: up a large percentage of the animals coming in, they would be using chloro-
~~: form and placing them ina high altitude chamber,~which was a vacuum-type
;' chamber in which sev nimals at a time woul~d be taken care of, where
~ the air would be~ slmu ate~ -~-^~~~~= ;g, an altitude of 60,000 feet in 55
'' seconds, and at that altitaee death occurred in a very few seconds; that
no pain was incurred in Lhis method; that they di_d pot approve of the IIISihfirl
'~ of loading the chamber but would have the anima~s in separate cages.
Mr. Pollack then inquired, what was his method o€ applying the chloroform;
whereupon Mr. Martin replied that they used a spec3al type of box and then
*- transferred them into a small carrier - this eliminated a need of taking
~,;. them from one box and putting them in a chloroform box; that the chloroform
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MINUTES, CITY FLANNING CAMMISSION, June 2, 1971
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71-338
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CONDITIONAL USE - was used in a measured amount prepared by the vet for
PERMIT NO. 1241 the number of animals, and the chloroEorm fumes could
(Continued) be likened to the odor of paint; that there was a very
small amount of chloroform used and this would clear
out of the room within fifteen to twenty minutes after
the Y.ox was opened; after riyor mortis set in, they would be transferred
to plastic bags, then to a plastic container, and placed ia a cooler and
frozen and then taken to the processing plant in Vernon - therefore, there
would be no reason for any types of nuisances to the outside; that there
would be no classrooms, as such, for small children - therefore, one could
liken this particular use to a light manufacturing plant when children were
brought from school to visit the various plants; that they would discuss
with a small talk and teaching aids what to do with animals - hawever, there
was no intention of having any classrooms, as such; that they c~uld also not
be considered a trade school since they would nee3 larger facilities, and
when these larger facilities became available, then they wou2d start their
trade school; that there would be a maximum of ten employees, some on split
shifts, but the maximum at any one time on the premises would be eight, and
the only company equipment they would have would be two emergency vehiclAs
in and out, but not parked on there all the time; and that there were 16
parking spaces proposed, with 3 part-time spaces available when the trucks
were out.
Mr. Pollack noted that Chapter 18.52.060 stated that if this wer•e to be a
training ~enter, there would be at least one space per student required 3n
addition to the equipment on the property. ~
Chairman Herbst noted that the parking shown on the plans met requirements
of the City.
Mr. Martin noted that there might have been too much emphasis on the trains.ng
center, however, this was one portion of the program that sold the idea on
this principle since there was a need for a training center of humane and
animal control officers, and there were.no such programs in Southern
California - therefore, as a training center, this was a misnomer, at least
while they were located in this buildinq, since they had no intention of
training more than four people at one time, and these would be people who
would be coming in from various cities and could be considered as part of
the working force.
Mr. Pollack asked for further elaboration as to the number of people who
wouYd be coming in to see these animals and what type o~ traffic would be
generated. .
Mr. Martin replied that they did not anticipate the amount of traffic since
they would schedule visits.by school children at their own convenience, and
these visits could be spread out over the entire day. Others that might be
coming there, that might be generating traffic, would be people coming to
look for a pet to adopt or brinq in their sick animals, but he was sure there
would never~be an increase of traffic into the area of more than 60 to 70
cars per day.
THE HEARING WAS CLOSED.
Commissioner Seymour offered Resolution No. PC71-105 and moved for its
passage and adoption to grant Petition for Conditional Use Permit No. 1241
for a period of three years, subject to a maximum of four trainees on the
premises at one time, as stipulated to by the petitioner; that the use of
the property as proposed was for three years, and at the end of said time
limitation if additional time were requested, this should be considered at
an advertised public hearing, the expense to be borne by the petitioner;
and that existing landscsping would be replaced, as stipulated to by the
petitioner. (See Resolution Book)
On roll call the foregoing resolution was passed by the following vote:
AYES: COMMTSSIc;NERS: Allred, Farano, Gauer, Herbst, Kaywood, Rowland,
Seymour.
NOES: COMMISSIONERS: None.
ABSENT: COMMISSIONERS; None.
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MIAUTES, CITY PLANNING COMMISSiON, June 2, 1971
'J
71-339
TENTATIVE MAP OF - DEVELOPER: J. W. KLUG DEVELOPMENT COMPANY, INC.,
TRACT NO. 7137, 4540 Campus Drive, Newport Beach, California.
REVISION NO. 4 ENGINEER: Millet-King & Associates, 1335 West
Valencia Drive, Fullerton, California. Subject
tract, located between Esperanza Road and the Santa
Ana River channel and east of Imperial Highway,
being a portion of a 90-acre ~arcel, is proposed
for subdivision into 278 R-2-5000 zoned lots.
Subject tract was considered in conjunction with Tentative Map of Tract
Nos. 7449 and 7450.
~" ':?'. Zoning Supervisor Charies Roberts noted for the Commission th~• location of
~ subject property and the proposal to subdivide su~ject propert,y into 278
~; I.'~ R-2-5000 zoned 7.ots; that since the tract had been approved greviously, the
~' ;j proposed subdivision merely divides the original 90 acres into three separate
- ~ tract maps; and that all the conditions previously requlred were still
i; '~ applicable.
~~~ Mr. Jeff Millet, representing *_he engineer, appeared before the Commission
_ and noted that the park and recreation fee had recently increased and
inquired whether this would apply to subject property since the tentative
tract map :~ad been filed prior to the increase.
~ Assistant Development Services Director Ronald Thompson advised the engineer
~ and the Commission that the City Council's action became effective January 1,
_ 1971, and that in order to qualify for the lesser fee, a building permit
would have to have been issued prior to that date. The~efore, since the
property still was not zoned and no building permit was issued, the increased
Z fee would apply, however, there was nothin<T the Commission or staff could
do since this was a Council act.ion.
Discussion was held by the Commission regarding the previous discussion
'~ held by the Commission regardinq flood hazard problems in this area, and
Mr. Millet, in response to Commission questioning, stated they had a flood
~~„ hazard letter.
I?~=E:'-`ci The Commission then determined said letter would have to be a part of the
tract file; therefore, a condition of approval should require the submission
of a favorable flood hazard letter from the Orange Counf:y Flood Control
District.
~' Offire Engineer ,7ay Titus inquired whether Mr. Millet was familiar with the
VTN report; whereupon Mr. Millet stated they were fully aware of the report
"~! since this would mean $180,000 worth of storm drains they would be install-
ing, and they were now trying to determine whether the County or the City of
Anaheim would participate in the cost of these storm ~lrains.
Mr. Millet then inquired whether Condition No. 14 regarding Lot No. 278 could
not also be met by the filing of a parcel map; whereupon Mr. Titus stated
;:;'~ this could be done.
'3
"`~ Commissioner Gauer offered a motion to approve Tentative Map of Tract No.
" 7137, Revision No. 4, seconcled by Commissioner Allred, and MOTION CARRIED
{,~ tCommissionexs Farano and Rowland voting "no"), subject to the followinq
conditions:
(1) That approval of Tentative Map of Tract No. 7137, Revision No. 4,
is granted subject to the approval of Reclassification No. 69-70-25.
_---" (2) That should this subdivision be developed as more than one sub-
;: division, each subdivision thereof shall be submitted in tentative
~:~ ~~ form for approval.
(3) That in accordance with City Council policy, a 6-foot masonry wall
~ shall be constructed on the south property line separating lot
t Nos.7.6 thru 38 and 148 thru 155 and La Palma Avenue; that a 6-Poot
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MINUTES, CITY PLANNING COMMIS~;ION, June 2, 1971 71-340
TENTATIVE MAP OF TRACT NO. 7137, REVISION NO. 4(Continued)
masonry wall shall be constructed on the property line (toe of the
slope) between Fairmont Boulevard and Lot Nos. 11 thru 26 and
Lot Nos. 38 thru 55. Reasonable landscaping, including irrigation
facilities, shall be installed•in the Lncemented portion af the
arterial highway parkway the full distance of said wall, plans for
said landscaping to be submitted to and subject to the approval of
the Superintendent of Parxway Maintenance. Follewing installation
and acceptance, the City of Anaheim shall assume the responsibility
for maintenance of said landscaping.
(4) That the vehicular access rights, except at street and/or alley
openings, to La Palma Avenue and Fairmont Boulevard shall be
dedicated to the City of Anaheim.
(5) That all lots within this tract shall be served by underground
utilities.
(6) That a final tract map of subject property shall be submitted to
and approved by the City Council and then be recorded in the office
of the Orange County Recorder.
(7) That street names shall be approved by the City of Anaheim prior
to approval of a final tract map.
(8) That the alignment of La Palma Avenue and Fairmont Boulevard
shall be subject to the approval of the City Engineer.
(9) That the tract developer shall place the ultimate embankment for
Fairmont Boulevr~rd, and install reasonable slope landscaping,
including irrigation facilities, in accordance with the require.-
ments of the Superintendent of Parkway Maintenance. Fo~lowing •
installation and acceptance the City of .Anaheim shall assume
the responsibility for maintenance of said landscaping.
(10) That a 5-foot chain link fence shall be constructed along the
south side of La Palma Avenue in accordance with City of Anaheim
requirements.
(11) Tha*_ reasonable landscaping, includinq irrigation facilities,
shall be installed in tHe south parkway of La Palma Avenue.
Plans for said landscaping shall be submitted to and subject
to the approval of the Park and Recreation Department. Follow-
ing installation and acceptance, the City of Anaheim shall
assume the responsibility for maintenance of said landscaping.
(12) That drainage of subject tract shall be disposed of in a manner
satisfactory to the City Engineer. Drainage facilities of the
tract shall be adequa"te to accept drainage from any upstream
tributary area.
(13) That the owner(s) of subject property shall pay to the City of
Anaheim the appropriate park and recreation in-lieu fees as
determined to be appropriate by the City Counr.:il, said fees to
be paid at the time the building permit is issued.
(14) rhat Lot n:,. 278 shall be included in a contiguous tract, or that
a parcel map shall be subm?tted to and approved by the City
Engineer for said lot.
(15) That the developer shall obtain a favorable flood hazard letter,
acceptable to the City of Anaheim, ~rom the Orange County Flood
Control DistXiCt.
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MINUTES, CITY PLANNING COMMISSION, June 2, 1971
71-341
TENTATIVE MAP OF - Subject tract, consistin P
TRACT NO. 7450 proposed for subdivisiongintoag2~Rt2~5000 zonedrlotsis
=~ ~
Subject tract was considered in conjunction with Tract
Nos. 7137 and 7449,
~ Commissioner Gauer offered a motion, secondefi by Commissioner Allred and
MOTION CARRIED (Commissioners Farano and Rowland voted "no") to approve
Tentative Map of Tract No. 7450, subject to the following conditions•
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(1) That approval of Tentative Map of Tract No. 7450 is granted subject
to the approval of Reclassification No. 69-7p-25.
(2) That should this subdivision be developed as more than nne subdivision,
each subdivision thereof shall be submitted in tentative form for approval.
(3) That in accordance with City Council policy, a 6-foot masonry wall shall
be constructed on the south property line separating lot Nos.l thru
19 and La Palma Avenue. Reasonable landscaping, including irrigation
facilities, shall be installPd in the uncemented portion of the arterial
highway parkway the full distance of said wall, plans for said landscaping
to be submitted to and subject to the zpproval of the Superintendent
of Parkway Maintenance. Following instaliation and acceptance, the City
of Anaheim shall assume the responsibility for maintenance of said
landscaping.
(4) That the vehicular access rights, except at street and/or alley openings
~o~-LanEalma Avenue shall be dedicated to the City of Anaheim.
(5) That all lots within this tract shall be served by underground utilities.
(6) That a final tract map of subject property shall be submitted to and
approved by the City Council and then be recorded in the office of the
Orange County Recorder.
(7) That street names shall be approved by the City of Anaheim prior to approval
of a final tract map.
(8) That a 5-foot chain link fence shall be constructed along the south
side of La Pa3.ma Acenue in accordance with City of Anaheim require-
ments.
(9) That reasonable landscaping, including irriqation facilities, shall
be installed in the south parkway of La Palma Avenue. Plans for said
landscaping shall be submitted to and subject to the approval of the
Park and Recreation Department. Following installation and acceptance,
the City of Anaheim shall assume the responsibility for maintenance
of said landscapina,.
(10) That drainage of subject tract shall be dispos,ed o,f in a,manner satisfactory
to the City=Engineer. ~Drainage facilities~of the traat shall be adequate
to accept drainage from any upstream tributary area.
(11) That the owner(s) of subject property shall pay to the City of Anaheim
the appropriate park and recreation in-lieu fees as determined to
be appropriate by the City Council, said fees to be paid at the time
the building permit is issued.
(12) That the alignment of La Palma Avenue shall be subject to the approval
of the City Engineer.
(13) That the developer shall obtain a favorable flood hazard letter,
acceptable to the City of Anaheim, from the Orange County Flood
Control District.
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- MINUTES, CITY PLANNING COMMISSIG:~, aune 2, 1971 71-342 ~
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TENTATIVE MAP. OF - Subject tracL; consisting of a portion of 90 acres, is
TRACT N0. 7449 proposed for subdivision into 73 R-2-5000 zoned lots. '
Subject tract was considered in conjunction with Tract Nos. 7137 and 7450.
Commissioner Gauer offered a motion, seconded by Commissioner Allred and
MOTION CARRIED (Commissioners Farano and Rowland voting "no") to approve
Tentative Map of Tract No. 7449, subject to the following cpnditions: {
~
(1) That approval of Tentative Map of Tract No. 7449 is granted subject '
_ to the approval of Reclassification No. 69-70-25. ~
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(2) That should this subdivision be d~veloped as more than one subdivision,
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each subdivision thereof shall be submitted in tentative £orm for
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approval.
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(3) That in accordance with City Council policy, a 6-foot masonry wall
shall be constructed on the south property line separating lot Nos.
1 thru 10 and La Palma Avenue. Reasonable landscaping, including
irrigation facilities, shall be installed in the uncemented portion !
~ of the arterial highway parkway the full distance of said wall, plans '
for said landscaping to be submitted to and subject to the approval ~
i
of the Superintendent of Parkway Maintenance. Following installation i
- and acceptance, the City of Anaheim shall assume the responsibility
for maintenance of said landscaping.
(4) That the vehicular access rights, except at street and/or alley openings,
to La Palma Avenue shall be dedicated to the City of Anaheim.
~u (5) That all l~ts within this tract shall be served by underground utilities.
:
~ (6) That a final tract map of subject propertv shall be submitted to and
- ~ approved by the City Council and then be recorded in the office of
~ the Orange County Recorder.
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;~ (7) That street names shall be approved by the City of Anaheim prior to
t~ approval of a final tract map.
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(S) That the alignment of La Palma Avenue shall be subject to the approval
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yl (9? That reasonable landscaping, including irrigation facilities, shall
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" be installed in the south parkway of La Palma Avenue. Plans for said
'; ,,;~ landscaping shall be submitted to and subject to the approval of the
' _ Park and Recreation Department. Following installation and acceptance,
~
`' ~ the City of Anaheim shall assume the responsibility for maintenance
s `" ~ of said landscapinq.
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;~ (10) That drainage of subject tzact shall be disposed of in a manner satisfactory
`:~ to the City Engineer. Drainage facilities of the tract shall be adequate
~
: to accept drainage from any upstream tributary ar.ea.
~
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_ (11) Tliat the owner(s) of subject property shall pay to the City of Anaheim
the appropriate park and recreation in-lieu fees as determined to be
appropriate by the City Councll, said fees to be paid at the time
the building permit is issued.
$ (12) That the developer shal7. obtain a favorable flood hazard letter,
" acceptable to the City of Anaheim, from the Orange County Flood
Control District.
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~' ''~' ADJ'OVRNMENT FOR DINNER:
~
~ Commissioner Seymour of~ered a motion to adjourn the meeting for dinner.
'~ Commissioner Allred seconded the motion. MOT20N CARRiED. The meeting
Y adjourned at 6:07 P.M.
= RECONVENE:
Chairman Herbst reconvened the meeting at 7:40 P.M., Commissioners Allred
and Rowland beinq absent.
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MTNUTES R CfixY ~I,p~NN~NG COt~M~~S•S•ZON ~ rTi~1~e 2~ ,1971
~~_~
71-343
AREA DEVELOPMENT - PUBLIC HEARING. INITIATED BY THE CITY PLANNING
FLAN NO. 95 _ COMMISSION, 204 East Lincoln Avenue, Anaheim,
-1, California; to consider modification of the originally-
~'~' adopted secondary access points for properties front-
ing on the west side of Euclid Street between Oranqe
Avenue and Broadway.
REC,LASSIFICATION - CONTINUED PUBLIC HEARING. JOE Y. LEMONS, 1808 West
NO. 70-71-54 Chalet Avenue (Parcel A) and WALTER A. DIEHL, 1731
South Euclid Street (Parcel B), Anaheim, California
_ _ CONDITIONAL USE
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Owners; F. EARL MELLOTT, 810 Avocado, Brea, California,
PERMIT NO. 1236 Agent; property described as: Parcel A- A rectanqularly-
shaped parcel of land having a frontage of approximately
VARIANCE NO. 2253 170 feet on the west side of Euclid Street, having a
maximum depth of approximately 111 feet, and being
located approximately 330 feet north of the centerline
of Orange Avenue. Parcel B- A rectangularly-shaped
parcel of land havina a frontage of approximately 66 feet on the west side
of Euclid Street, having a maximum depth of approximately 120 feet, and
being located approximately 494 feet north of the centerline of Orange
Avenue, and further described as 439 South Euclid Street. Property presently
classified R-A, AGRICULTURAL, ZONE for both Parcels A and B,
REQUESTED CLASSIFICATION: R-A~ AGRICULTURAL, ZONE (PARCEL A);
C-1, GENERAL COMMERCIAL, ZONE (PARCEL B).
REQUESTED CONDITIONAL USE: ESTABLISH AN ANIMAL CLINIC ON PARCEL B.
REQUESTED VARIANCE: WAIVER OF MINIMUM LOT AREA FOR PARCEL A.
Subject petitions were continued from the meeting of May 3, 1971, to allow
time for the Commission to advertise the area development plan and for the
petitioner to submit revised plans.
CONDITIONAL USE - CONTINUED PUHLIC HEARING. UNION OIL COMPANY OF
PERMIT NO. 1237 CALIFORNIA, P, O. Box 7600, Los Angeles, California,
Owner; SHERMAN NINBURG, 8125 Orangethorpe Avenue,
to ESTABLISH AN AMBULANCE SERVICEaINfArRESIDENTIAL STRUCTUREgWITHmWAIVER
OF THE FRONT LANDSCAPING AND PARKING AREA LOCATION on property described
as: A rectangularly shaped parcel of land having a frontage of approxi-
mately 61 feet on the west side o~? Euclid Street, having a maximum depth
of approximately 99 feet, and being located approximately 150 feet north
of the centerline of Orange Avenue, and further described as 513 South
Euclid Street. Property prese~ztly classified C-1, GENERAL COMMERCIAL, ZONE.
Subject peti,tion was continued from the meeting of May 17, 1971, to be heard
in conjunction with Area Development Plan No. 95.
2oning Supervisor Charles Roberts noted for the Commission that item Nos.
18, 19, and 20 were interrelated, and 19 and 20 were dependent upon the
outco:ne of the action on item No. 18 - therefore, he would review al: items
at one time.
Mr. Roberts then reviewed Area Development Plan No. 95, noting that the area
under consideration was located on .*,he west side of Euclid Street between
Broadway and Orange Avenue and was one of seventeen areas designated for
front-on conversion to office and professional or general commercial uses
in "A Study of the Problems of Residential Homes Fronting on Arterial
Highways" which had been considered and adopted by the Planning Commission
and City Council about three years ago; that in order to implement said
Front-On Study, the Commission initiated Reclassification No. 67-68-99
proposing C-1 zoning for parcels in the study area of Area Development Plan
No. 95, said reclassification and area development plan had been recommended
for approval by the Planning Commission but denied by the City Council -
however, in July, 1970, the area development plan was readvertised in con-
junction with a reclassification and variance petition for C-1 zoning to
permit the conversion of an existing residential structure into a real
estate office on a parcel midway in the study area, and, again, the Commis-
sion recommended approval of both the area development plan and the reclassi-
fication since it was determined that a secondary access was necessary but it
need not necessarily be a dedicated access system - since this access would
serve only a limited number of parcels, it would remain a private access;
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MINUTES, CITY PLANNING COMMISSION, 3une 2, 1971 71-344
AREA DEVELOPMENT - and that the City Council subsequently approved the
PLAN NO. 95 area development plan, reclassification and variance
as recommended by the Planning Commission.
RECLASSIFICATION
NO. 70-71-54 Mr. Roberts note3 that Area Development Plan No. 95 was
CONDITIONAL USE again advertised after the Commission considered a
PERMIT NO. 1236 conditional use permit to establish an ambulance service
VARIANCE NO. 2253 in an existing residential stsucture on the parcel
immediately to the south of the study area, noting that
CONDITIONAL USE the parcel was originally excluded from the study area
PERMIT NO. 1237 because a conditional use permit (1015) had been
(Continued) approved for the expansion of a service station at the
northwest cornez of Orange Avenue and Euclid Street.
However, the oil company had indicated they had no
immediate plans to exercise the conditional usE permit and, consequently,
decided to lease th e property for other commercial activities - therefore,
it was hoped a repr esentative of the Union Oil Company would be present to
clarify this aspect of the area development plan.
Mr. Roberts then reviewed Exhibit "B" prepared by staff which reflected the
relocation of the center access to the southerly boundary of the property
considered under Reclassification No. 70-71-3 and the northerly boundary of
the property under Reclassification No. 70-71-54 and had further relocated
the southerly access to the north side of the southernmost parcel - that
portion formerly considered and approved for expansion of the service
station site, and now being used for an ambulance service - however, it
would appear that so long as the existing structure was located on the
property, it would be virtually impossible to provide the necessary 10 feet
or to implement the proposal until the structure was removed on said south-
ernmost parce].; and that the Commission wculd have to determine whether
Exhibit "B" represented a more desirabie methad of developinq the secondary
circulation system for this area. However, staff would advise the Commission
that the conditions originally imposed in their approval of Area Development
Plan No. 95 would be sufficient except that reference be made to Exhibit "B".
Mr. Roberts then reviewed item No. 19, Reclassification No. 70-71-54,
Conditional Use Permit No. 1236, and Variance No. 2253, noting that said
property was immediately to the south of the property considered under
Reclassification Na. 70-71-3 in 1970; that the petitioner was requesting a
variance to permit an R-A parcel of less than an acre to remain after the
northerly portion was reclassified to the C-1 Zone; and that an animal clinic
was not a permitted use by right in the C-1 Zone - therefore, approval of a
conditional use permit would be necessary; that the revised plans under said
conditional use permit indicated a 1200-square foot building along the Euclid
Street frontage, with parking provided to the rear and access to the parking
would be provided from the access point indicated in Exhibit "B" of the area
development plan - however, because a building abutted the R-A parcel to the
south, a building setback waiver was required, but given the commercial
designation of the parcel, said waiver could be considered technical; and
that the revised plans appeared to be a far better solution in the develop-
ment of the parcel than the original plan - therefore, the only question
for the Commission to resolce was the appropriateness of the proposed use.
=I Mr. Roberts continued to review item No. 20, Condit~onal Use Permit No. 1237,
in which a request was bef~re the Commissioz to permit an existing ambulance
service as a conforming us:, wherein the frc~nt yard was being used for the
parking of the vehicles, while Code would require the use of an existing
" rea.idence for commercial uses to maintain the front area fully landscaped
~; and all parking required to the rear of the structure; that complaints had
~' been received from neighbors concerning the noise created by the siren; that
the front setback area was almost totally void of any landscaping; and that
;^ the front yard was paved and presente~i a rather unattractive appearance -
therefore, the Commission would wish to determine whether an ambulance
service operated out of the existing residential structure would be an
appropriate use for this neighborhood or whether it would be r_~eating a
;~ . nuisance in terms of traffic and noise to the immediate area.
*';`
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MINUTES, CI~TY PLANNING COMMISSION, 3une 2, 1971 71-345
AREA DEVELOPMENT - Dr. Paul Lindstrom, 444 North Euclid Street, appeared
FT,AN N0. 95 before the Commission and noted his questi~n pertained
- to the fact that if Exhibit "R" were adopted rather
RECLASSIFICATION than Exhibit "A", how binding would the new exhibit be.
N0. 70-71-54 Furthermore, if he opened an office in the northernmost
CONDITIONAL USE residence in the study area, his rlients would have to
PERMIT NO. 1236 go through an alley to gain access to the parking area
VARIANCB NO. 2253 of his parcel rather than having direct access from
Euclid Street.
--
~~ CONDITIONAL USE
~ PERMIT NO. 1237 Chairman Herbst noted that the purpose of the area
;~t;~;:;°': (Continued) development plan was to eliminate individual lot access
from and to Eu~clid Street at the time the properties
5:~. were developed for commercial uses, since this would
present too many conflict poinits along a heavily-traveled street. However,
` the exhibit before the Commission indica::ed a typical alley, but its location
i
~ , was not fixed, and it might even be moved - however, he felt something should
be done to remove the hammerhead from the northernmost lot - therefore, the
-,"; access could be moved to be located between the two northernmost parcels and
'` eliminating the hammerhead, but still providing access to the parking area,
" but this would have to be approved by the City Engineer. °
~'~
r'; Office Engineer Jay Titus advised the Commission that the p y
pro osal b
rri
`"~ Chairman Herbst would appear to be agreeable, however, it would depend upon
,,,~ who developed first and tne need for circulation.
ryG.,
° Mr. Roberts then read Condi.tion No. 1 of the Planning Commission's resolution
;.M..
±µ{ recommending approval of Area Aevelopment Plan No. 95, Exhibiti "A"
and noted
V
y~
` ,
that this would mean it wovld be up to the discretion of the Traffic Engineer
._
,j
a as to where the precise locations of the accessways should be.
~
~ Commissioner Seymour noted that this could present a problem since, as
°v" ~ Dr. Lindstrom stated, everybody naturally would want the return on their
'' property so that their clients might have easy access to their property, and
;%.~,:;;a it would appear that the last ones to develop would suffer from having in-
~;~. adequate access to their property.
~ Commissioner Farano noted that by including the lot on the southerly end, ~
~~ this eliminated the hammerhead and alley.
;1
.~~ Mr. Hal Tolar, 42~ South Euclid Street, appeared before the Commission and
j~~ noted his property was immediately north of the center access on Exhibit "B"
,;.,r:~ and that in order to obtain tk~e C-1 zoning on his property, he was required
`"-~- to dedicate the northerl 10 feet of his p y portion of his
~`F Y pro ert where a
'..;;;i- parking presently existed, and he wondered whether or not the 10 feet for
~ the south si.de would be an additional 10 feet.
;~,~ Mr. Roberts noted that the 10 feet required for a private access on the north
~ side would be eliminated if the Commission approved Exhibit "B" providing
;- `
i' the access on the south side, and then inquired of Mr. Tolar what the distance
``~ was between the southerly property line and the wall of the structure; where-
_ upon Mr. Tolar replied approximately 20 to 25 feet, and that the alley
to the north now came to within 5 feet of the oroperty line - therefore,
~
~ it might be necessary to provide parallel parking.
~ Mr. Roberts then noted that although he did not view the property, from
~ photographs it would appear there was more than 20 feet, therefore, by re-
~F orienting the parking, providing approaches toward the northwest, Mr. Tolar
l~;'-
' could still provide angle parking along the accessway if it were relocated
a.. '.
s to the southerly boundary of his property; anci that although Mr. Tolar
;~ ,:" indicated he had dedicated the 10 and 20 feet for alley purposes, these
~~;
' ;-;~;~; were private accessways and no dedication was required to be made to the
-' ~ City. Furthermore, if subject accessways were private, each property owner
A;;- ~,'~ in the study area, upon rezoning the property, would have to file mutual
Y access agreements over the alley system.
I
~:
_
Mr. Tolar inquired why the alley could not be extended from street to street,
as was evidenced adjacent to the R-1 south of Orange Avenue, and why wasn't
` ' Union Oil required to provide this alleyway as all the other property owners
; .*y~ in this study area were required to provide it. In addition, why was the City
::fil:
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- MINUTES, CZTY ~LANNING COMMISSION, June 2, 1971
71-346
AREA DEVELOPMENT - requiring this traffic to enter and exit on Euclid Street
PLAN NO. 95 since it was his assumption that the City was trying to
get the traffic off Euclid Street.
RECLASSIFICATION
NO. 70-71-54 Commissioner Farano noted that it was the City's intent
CONDITIONAL USE to eliminate the many individual access points to Euclid
' PERMIT NO. 1236 Street by concentrating them to three given areas, and
VARIANCE NO. 2253 .it was not the City's intent to filter this traffic to
other streets by providing a through alley to Orange
. CONDITIONAL USE Avenue - this would still allow these smaller, single-
~~.:::.`_;- - PERMIT NO. 1237 family lots to develop or utilize their existing
t ; (Continued) structuras.
i' Mr. To~ar indicated he was not opposed to Area Develop-
~r ment Plan No. 95 but th
, ere were only 10 parcels compared with the 14 parcels
`0' on the east side of Euclid Street, many being 220 feet dee
not required to provide an alley - therefore, it would a P' and they were
~` less traffic from the smaller PPear there would be
side; and that he preferred thatrthesalley extendhallatherwayeto~Orang~east
~.
Avenue, giving him only access from Orange Avenue.
The Commission noted they were trying to avoid such a situation; that the
City was attempting to eliminate as much blacktop in the front setbacks as
=;s; possible on the smaller parcels on the west side of Euclid Street, while
~g those parcels on the east side had depth to provide their access and turn
around to the rear of the buildings.
Commissioner Farano then inquired of Mr. Tolar what advantage there would be
~~ to providing only access via an alley to these 10 g
~~`:"',~'` whereupon Mr. Tolar replied that if all these Parcels from Oran e Avenue;
~j dump more traffic onto Euclid, and by extendingathelalleyeto OrangeyAvenue,
,~
~' this would eliminate some of the traffic to Euclid Street; and that there was
,~ a possibility that the southerly access might interfere with gettinq into the
~ left-turn pocket at Euclid Street and Orange Avenue.
ti~ Mrs. Cecile Gough, 421 South Euclid Street, appeared before the Commission
y and read a letter of opposition (copy on file) and then inquired why the
area development plan was passed without any opposition in 1970 when all
"'~+ the neighbors were in opposition in 1968; and that she had
' %~ polled 33 of her
,r neighbors who had stated none had received a legal notice at the time the
„i area development plan was considered in 1970.
~,:?
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1~
, I Commissioner Rowland entered the Council Chamber at 8:20 P.M.
,',. Mrs. Gough continued that the optometrist's office which Dr. Lindstrom had
:-;~ planned for the northerly parcel several years ago would have been better
r than what was now happening at that home, which was rented to "hippies", and
there was anywhere from one to fifteen persons there every day; that the
~ police blotter would indicate what was going on at that home; that although
the Commission stated they did not want parking of vehicles in the front
`,;h
t setback, they should see this parcel whnre anywhere from 12 to 15 cars
` f parked on that front ~etback every night; that she would agree there were
~;`~' many cars on Euclid Street, but after having made a count of vehicles going
in and out of the Taco Bell across the street, sne had counted 210 cars in
,' and out in one hour; that the Tolar property did not have anywhere near that
many vehicles in a day; and that she pleaded with the Commission to reconsider
Area Development Plan No. 95 by denying it.
~•' `
Mr. Roberts advised the Commission that according to records wherein duplicate
*,r ,
~' lists were maintained in the file, over 100 persons had been notified in 1970
~:: regarding the area development plan.
31~~.
C.~mmissioner Gauer noted that he could not recall ever considering these
purcels without someone being present, and from his recollection, there were
many people present at all the hearings, and that in the many years he had
y- been a Commissioner, this was the first time that he had every he-3rd no one
Z. had received a legal notice.
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MINUTES, CITY PLANNING COMMISSION, June 2, 1971
cj
71-347
AREA DEVELOPMENT - Commissioner Farano noted that according to the minutes,
PLAN NO. 95 as far as he could determine whether or not the same
procedure had been followed, in every instance where
RECLASSIFICATION peopJ.e had stated they did not receive a notice, upon
NO. 70-71-54 investigation from records staff maintained, all were
CONDITIONAL USE sent a notice and none were returned - however, the
P~RMIT NO. 1236 City had no control as to whether or not the
VARIANCE NO. 2253 delivered them, and as a Commissioner, he felt~theoffice
Commission was attempting to help the residents of these
CONDITIONAL USE homes on Euclid Street, but from some comments it would
PERMIT N~. 1237 appear perhaps this area de:°~?:~pment plan should be
(Continued) scrapped; that one of the reasons for an area development
plan was to encourage land assembly since these lots
were too narrow and shallow to be considered adequate for
commercial uses of any substantial development, particularly when one considered
the setbacks that would be required and parking required to the rear; that the
Commission must view any proposal as it would affect the general public welfare,
and he would never act upon a proposal that did not have a good traffic pattern
or planning factor - what prospective developer would consider purchasing a
piece of property for a suitable and reasonable development that did not have
good setbacks since it was his experience that development occurred in a
nezghborhood which would enhance the property, therefore, these setbacks were
required.
Commissioner Seymour stated that the problem was one that these lots were too
small individually so that they would not be attractive to an investor, and
there were not too maiiy uses which could be placed on these small, individual
parcels unless there was land assembly.
Commissioner Farano then stated that if by chance the Commission did not
reverse themselves, any future alignment for alleys would not be considered,
these beinq proposed now should be the last, and properties would have to be
developed in conformance with the area development plan exhibit approved so
that the last parcel developed would have at least logical circulation, and
if a flexible plan were considered, these access points could be shifted as
each parcel was being developed, thereby creating a hardship.for the last
parcel to develop.
Mr. John Lemons, 1808 Chalet, advised the Commission that he owned a parcel
in the study area and stated he was not in opposition to the area development
plan but requested to be notified if any future consideration were made.
Mr. Roberts advised the Commission and the property owners that the list of
addresses of people acvised was taken from the assessor's parcel listing,
and Mr. Lemon's address was indicated on a copy of the persons notified.
Mr. Russell Gray, 409 South Euclid Street, advised the Commission that the
~irst he had heard about the requirement of a 20-foot private accessway to
the rear was when his neighbor advised him her property was up for sale, and
the prospective purchaser had advsied her that the 20-foot private accessway j
would have to be provided - therefore, the neighbor lost a prosp~ctive
purchaser because of this. ~
Mr. Tolar inquired whether or not the singlE-family homes to the west would ~
have access over this accessway, and was informed that since it was a private f
accessway, there would be no public access from these homes to the west. ~
Mr, R. B. Franks, representing Union Oil Com an ~
and stated that when the conditional use permitywasPaeared before the Commission
on which the ambulance service was now located, it wasptheir intenteatathat
time to rebuild the service station, expanding it to the northerly parcel -
however, because of curtailment of budget and capital, nothiny was done, but
they were still studying the property and would make recommendations to
management in the very near future as to their intent to rebuild the service
station. Then, in response to Commission questioning, Mr. Fr~nks stated that
according to the agenda, they were the owners of the northerly parcel on ~
which the ambulance service was requesting to be approved - however, the
ambulance service was the lessee, and he was present at the public hearing
to make sure that the company did not lose the rights granted under the
"~h-~
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AREA DEVELOPMENT
PLAN NO. 95
,r
RECLASSIFICA~ION
N0. 70-71-54
CONDITIONAL USE
PERMIT N0. 1236
VARIANCE NO. 2253
CONDITIONAL USE
:~...~~`' - PERMIT NO. 1237
. _,~ ~'; (Continued)
cJ
71-348
~
- conditioaal use permit for expansion of tr°~ `~~:>„vice
station site, and he would not concur w`~: ~; a~tproval
if it would conflict with or remove the -i~~;~r:t:~:~ r. ~,;~d.i-
•1 tional nse permit for expansion of the 3:es~f? ~;~ +r .;;~y.on site.
Chairman Herbst then inquired as to the . _~_ , . .,^~Y?.~any's
opinion for extending the private alley :r. „: '~,-., z•;• t,p
Orange Avenue; whereupon Mr. Franks repl~~•: ti~l~t 'vecause
of the required setback, any additional requirement for
alley would eliminate a service station at this inter-
section.
Dr. Lindstrom asked to be heard again and stated that
' the residents of his home were not "hippies" but were
;~ employees of the U. S. Post Office, and just because people had long hair
:y did not necessarily mean they were not good people; and that the Commission
stated they were attempting to help the own~rs of these parcels by placing
the access to the rear - why couldn't access to each parcel be permitted
since a building already was on there.
~ The Commission noted that if this were done, there would be another Brookhurst
Street, which the City was trying to avoid.
s;;, Dr. Lindstrom then suggested that the existing residences be removed and a
regular commercial structure built.
7+
" p,
;.: The Commission stated that this would be the logical.way to take care of thir,
~'''".': problem, however, the Goughs appeared to be in o
:~ since they wanted to convert their existinq residencetinnthe futureituation
~~
,`3 Mr. Wayne Gough, 421 South Euclid Street, appeared before the Commission and
.,,~ noted his property was to the north of the Tolar property and stated that
'.~! the City had estab~ished a precedent for the properties across the street -
R~ therefore, he could not see why the properties on the west side should be
-;kj pena lized, prohibiting front parking, since this would be cansiderably
_g better in appearance.
~~
_;;._, Chairman Herbst noted that plans before the Commission under the next item
~~ gave an indication of what could be done with these parcels if one reall~
~j wanted to design a worthwhile structure with proper landscaping, parking, etc.
, ~:
`.~~'~ THE HEARING WAS CLOSED.
;:~i
>,>.,~
',~'•~?.~~ Commissioner Gauer was of the opin+.on that if these property owners wanted •
`?.; their properties to remain residential, then the area development pl:an should
:~;,.~~' be null and void; however, one of the persons speakinq stat~ed ::hat 20 feet
` was taken away from them, but this was not so since this 20 feat would be
for private accessway only at such time as someone wanted to use that property
i
`' for commercial use rather than the existing residential use.
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Chairman Herbst noted that one parcel already had developed under the area
development plan, and another was being considered after Commission action
on the area development plan - therefore, said plan could not be scrapped
since it had been implemented already; that everyone had a right to request
rezoning even though there was no assurance that each application would
be approved; that in the past when small parcels such as those ir. the study
area were considered for rezoning and area development plans had been approved,
most times these parcels did not develop individuall; or at all, and unless
parcels were combined for future commercial development, there was always
the possibility that variances would be requested.
Commissioner Farano noted that he would agree with Commissioner Gauer except
that as Commissioners they should do some long-range planning, and perhaps the
area development plan should be declared null and void and devote more time
and study to another plan, enlisting the cooperation of the property owners
for development of a better plan since he did n~t feel the Commission or staff
had the market on better ideas, but as a Commissioner, he felt it only fair to
explain his position that he would not consider a situation where a property
was left to develop in a haphazard manner not consistent with good development
policies and which would be in derogation to t}~ neighborhood as a whole.
This was not the way to do it.
~~~ ~ .. ~ .. . . ~ ~ . ~~ ..
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AREA DEVELOPMENT
PLAN NO. 95
~ RECLASSIFICATION
- N0. 70-71-54
~ CONDTTIONAL USE
PERMIT NO. 1236
- VARIANCE NO. 2253
~ _ CONDITIONAL USE
;.,. ~ PERMIT NO. 1237
(Continued)
~~
71-349
- Considerable discussion was then held by the Commission
as to whether or not the area development plan should
be "scrapped"; creating of spot zoning since certain
properties were already considered for commercial zoning
in the study area; creating a plan that had proper
circulation which would be acceptable to everyone;
whether or not to consider any reclassification of
individually zoned properties, thereby creating spot
zoning; and that the City Council had adopted the area
development plan, therefore, said plan could not be
scrapped without recommendation of the Planning Commission
by resolution to do so.
f~ Dr. Lindstrom again requested to be heard and stated
;f that in 1968 the Planning Commission had voted en masse for the alley with
~ the stipulation that these properties be zoned C-1. However, the City Council
voted this down when Mrs. Edwards and her friends on Falcon Street came in,
~ and with the City Council seeing the opposition presented, determined this
was premature.
~ Chairman Herbst, in response to a statement made by Commissioner Farano
regarding scrapping the area development plan, stated that one parcel already
had been developed and two were under consideration before the Commission
later on in the meeting - therefore, any zoning action would be dependent
%:; upon wha•`_ action the Commission took on the area development plan.
yi
: Commissioner Rowland noted that one of the reasons area development plans
: were drafted for single-family dwellings on arterials was to forestall the
~i ultimate development of all single-family residential lots as commercial,
and if the Commission were to remove the azea development plan Erom this
property, he would suggest that the commercial zoning also be removed,
rev'erting the property to residential use since the things which made this
;;,. suitab3e for residential use made it
unsuitable for commercial use, namely,
lack of depth, putting all parkinq in the front; that it was not economical
- because it was still subject to the setbacks, and there was no way the
Commission would ~31ow that access to Euclid Street~be•tal:en with the amount
of traffic already on that street, and if the Commission did allow this, they
would be wasting th~ir time at this whole hearing; that at the present time
it was proposed ta haue a 20-foot alley access along the rear with an
additional 25 feet for accessibility to the individual parcels for parking,
and if parking wer.e permi.tted in the front, there was still the setback to
~• ~' be considered in addition to a turning radius, all of which was necessary
'4~ for vehicular parktng fAr the front of the property, and the only way he could
see would be land asse~blX, and this area had been studied in great depth; and
that although the people say they were not given notices, he was sure that
°` these were sent out and he would not vote against the plan since this would
have to revert to single-family residential uses if the plan was declared
- null and void.
~K Commissioner Farano indicated he would not be in favor of reverting to
~;`; residential uses, but he would like to have this area restudied to see if
there was a much better circulation plan and inquired whether or not the
Commission would be in favor of continuing the area developme.nt~plan for
'- four to six weeks to see if the neighbors had a~bet-ter,plan since the
Commission had studied this in great depth.
Commissioner Rowland noted that the reclassifications before the Commission,
one approved and one to be considered, both conformed with the area develop-
ment plan, and those properties farther north were much shallower than those
`~ that had been considered by the Commission previously; and that he could not
°- see that there was any change in the area, except for the rezoning petition
before the Commisston.
,~,:
Mrs. Donald Edwards, 424 South Falcon Street, appeared before the Commission
and noted the reason why the "Falcon Street gang" was against the proposal
was because they were told anything could be developed on the C-1 properties,
,?_ ' and that was what they were unalterably opposed to.
Mrs. James (Ingrid) Gower, 412 South Falcon Street, appeared before the
Commission and stated she lived behind "Weber's World" adjacent to the
*f~,' "good doctor's" property and noted that the "Falcon Street gang" would be
in favor of anything that would be a good use fo~ the property; that they
` .~e `,-
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MINUTES, CITY PLANNING COMMISSION, ~une 2, 1971 71-350
AREA DEVELOPMENT - had no quarrel with the people behind them, but they
'.
~~ PLAN NO. 95 did have some quarrel with the post office workers on
"
'~ the doctor's property; that the residents living to
RECLASSIFICATION the west of the Tolar Realty property advised her that
NO. 70-71-54 they were great neighbors; that what most of the people
CONDITIONAL USE on her street w2re opposed to was an alley, which in
PERMIT NO. 1236 her opinion was a rather nasty business; that Mr. Tolar
VARIANCE NO. 2253 had mentioned an alley going from one street to another,
and since she had formerly lived in an area where there
~;,~_ CONDITIONAL USE was an alley, she could vouch for the fact that an alley
°~~; PERMIT NO. 1237 was an eyesore; that more fights were fought in alleys;
`~'`f~~~'
~ ' ~-~~: ~ss (Continued) that it was a breeder of vermin and was one of the most
x
~ miserable things that one coa.:.d cohjure up when one spoke
',_ of alleys .
Chairman Herbst noted that the proposed accessway would provide additional
3' space between the business and the single-family homes.
,•r Mrs. Gower noted that Weber's World had an area the width of an alley that
~ they used for storage purposes, and there was no truck traffic which most
of the residents on Falcon Street were opposed to or concerned about, and
that everyone on Falcon Street would be more than happy to consider a good
c plan but were unalterably opposed to an alley which they considered a very
"' ` poor plan.
~:
~5 !~~
,~ Commissioner Rowland noted that he would personally recognize the area
,,:~..:~;;~;; development plan utilizing either alleys or no alleys so long as the access
s s; to Euclid Street was limited to three access points - this would give all
' the flexibility that was necessary, and that since the City Counc~.l had
~ stated this was to be a private alley, it should remain that way.
.~
d
,x~ Commissioner Farano offered a motion to terminate all action on Area Develop-
;;~;:;:'>'~.'.~ ment Plan No, 95 until such time as the residents of this area presented an
~;;',-:~ alternate plan acceptable to the City of Anaheim, and that the existing area
~''i~~.~"'° development plan be restudied for the purpose of establishing another plan
3?;ir.':. _ ~<:?~
~~^;;~,..,. for a good traffic pattern, overall development not in derogation to any of
~~F`° '~ the ro erties in the stud area.
c::~ P P Y
~n :~~ Commissioner Farano then withdrew his motion after considerable discussion
'~~ "<i;: by the Commission.
C ;~
~ Commissioner Farano offered a motion to continue consideration of Area
-~~ Development Plan No. 95 for six weeks to allow time for the property owners
°"'~~S'~; in the study area and staff to meet to review alternate plans in an attempt
~,`~ to arrive at a better circulation plan than the existing area development
>;;-:y: plan proposed. Commissioner Gauer seconded the motion.
On roll call the motion lost by a vote of 4 against and 2 for.
-'..;~~;~ Commissioner Seymour noted that he would agree with the Commission and the
';'';~ property owners who indicated this was not the ideal plan, and the staff
could come up with a better plan, but if the Commission were planning to
":;;~ continue this matter to make a decision favorably on~ei.ther of the two
- t'.:a matters scheduled later, he did not want to have any part.of that since it
;<c~~ was more important to come ~lp with a£irm plan before the Commission app'iove3
anything else or studies ir~dicated there was no need for a plan.
Chairman Herbst noted that property owners who wanted to develop their
properties had presented plans that were in conformance with the area
~ development plan, and if anyone else wanted to develop his property and
s?::,, had a better plan than the Commission presently had, then this could be
y _ considered at a later date - however, the City already had an adopted plan
~4~'..?';~: before them, and he did not feel the Commission should reverse their position
L•;-.:~~x since the alternate plan was considerably better than the original plan
S;>!'_r approved, but to rescind and make null and void any area development plan was
~~"`_ not acceptable to him; that all the Commission had stated that only three
- access points should h~e permitted, and nothing would be gained by postponing
~~f this, even though the pra,~erty owners might come up with a better plan.
_, ";
~N•.
Mr. James Botsco, 413 South Falcon Street, requested to be heard and noted
~ that the homes between the study area and those to the west consisted of
*:~ several rows of single-family homes with approximately twelve homes on each
r+'~ ~' street running between Broadway and Orange; that many times these property
a
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MINUTES, CITY PLANNING COMMISSION, ~une 2, 1971
AREA DEVELOPMENT
PLAN NO. 95
RECLASSIFICATION
NO. 70-71-54
CONDITIONAL USE
PERMIT NO. 1236
VARIANCE NO. 2253
CONDITIONAL USE
PERMIT NO. 1237
(Continued)
~~
71-351
- owners had come down to City Hall to defend their
Property, and whenever one home was taken out of the
tract, this reduced the size of the tract, and he was
not desirous of seeing a shopp3,nq center like that
already existing on the north side of Broadway - this
was the reason for the single-family homeowners coming
down en masse; that one property owner had a chance to
wasemore desirousdofuretainingshisuhomeiforrresidentialr
purposes; and that most of these homes were not walled
in, therefore, the longer they could forestall ultimate
commercial development of these homes, the better it
would be for the City and for the residential uses to
the we:st.
~r '~j Mr. Roberts advised the Commission that the Commission was faaed with the
a' fact that the area deve3o ment
~ P plan had been ado ted
' it was adopted by the City Council subject to conditions Was in effect since
y proposal
y ;:: before the Commission was subject to the provisions of saidnarea development
,, plan.
1~ ,
Chairman Herbst noted that the Commission did not have the
' power to revoke
4' the area development plan - they couJ.d only recommend that
' this be revoked.
Commissioner Farano offered Resolution No. PC71-106 and moved for its passage
~ ~r~; and adoption to recommend to the City Counail that Exhibit "B" of Area
i' Development Plan No. 95 be adopted as providing a more desirable way of
developing a secondary circulation system for the area;
' however, that all
~ conditions originally applied to the adoption of the area development plan
YY~ under Exhibit "A" be applied to this.
(See Resolution Book)
~
~ Prior to voting, continued discussion was held re ardin
possibility of
'v eliminating the hammerhead at the northerly end of the study ar•ea, with the
r~ possibility of relocating the northerly access between the norcherly two
r parcels - this still would permit access to the northerly p~rcel but would
'-'~ eliminate removal of so much extra
=4 F property to establish said hammerhead.
~= The Commission further inquired of Mr. Franks whether or not he would be
~ '~ amenable to providin
~-.~.. 4~; boundary of che ro g 10 feet for the private accessway along the northerly
~' ~ whereu on Mr. P Perty considered for expansion of the service station;
~ y. P Franks stated he would so stipulate.
Mr. Tolar stated that he would be agreeable ~o relocating the accessway to
~ the southerly boundary of the property.
:; : ~•~ 1,
a;~:
,: Mr. Earl Mellott, representing the property owners under Reclassification
No. 70-71-54, advised the Commission that he was the architect on the dog
and cat hospital, and if the alley were proposed to be at the n~rtherly end
of the property to the north, the revised plans that he had designed would
become null and void.
Commissioner Farano then amended his motion proposing that Exhibit "B"
revised to relocate the northerly access to between the two northerly be
__ parcels and the elimination of the hammerhead.
„ On roll call the foregoing resolution was passed by the following vote:
AYES; COMMISSIONERS: Farano, Gauer
;; NOES: COMMISSIONERS: Rowland. ' Herbst, Kaywood, Seymour.
ABSENT: COMMISSIONERS: Allred.
~:,'. ..
~1 '~ Mr. Earl Mellott, architect representing the developers under Reclassification
;,.. No. 70-71-54, appeared before the Commission and noted that the revisions
were made to the plan on recommendation of the Planning Commission at their
public hearing four weeks ago; that in this plan the alley was
the north and parking would be directly off, the alley; that theylhaddreduced ~
:~ : the square footage of the building so that it would meet ~
requirements; that additional green area was proposed whichdwouldkadd to '
the appearance of tl:e development; and that in his opinion the revised
- _ t~~ E;>;- '
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MINUTES, CITY PLAldNING COMMISSION, June 2, 1971
71-352
~
~ AREA DEVELOPMENT - plans spoke for themselves, although an additional
PLAN NO. 95 variance was required since the building was relocated
'' to the southerly boundar ~
~ RECLASSIFICATION R-A Y. making it too close to the
parcel on the south; and then in response to the
_ , NO. 70-71-54 Commission's questionin
, CONDITIONAL USE would be immediately adjacenttto thetTolarcpropertycto`
' PERMIT N0. 1236 tte north, and that they had made the building as sound-
VARIANCE NO. 2253 proof as was possible in accordance with State require-
ments.
CONDITIONAL USE
*~,'N~. - PERMIT NO. 1237 Mrs. Gough then asked what would happen if there were
(Continued) several dogs brought in at one time - liow would the
~ ~ #~ barking be minimized.
Mr. Mellott replied that the veterinarian
:~n` was present; however, from his understanding~pthere wouldVbe~a this property
~ set up so that only one animal would be brought in at one timepsincemthis
`1 ~ would be a rather small facility capable of handling a maximum of ten anima2s,
~~ and that there would be little or no overnight maintenance of the animals.
1 THE HEARING WAS CLOSED.
r~. Commissioner Gauer offered Resolution No. PC71-107 and moved for its passage
;'~ ~; and adoption to recommend to the City Council that Petition for Reclassifica-
~ tion No. 70-71-54 be approved for Parcel B, subject to conditions and devel-
- opment in accordance with Area Development Plan No. 95, Exhibit "B", (See
"` Resolution Book)
,G
;.` ~'~ On roll call the foregoing resolution was
passed by the following vote:
' ~ AYES: COMMISSIONERS: Farano, Gauer, Herbst, Kaywood, Rowland, Seymour.
NOES:
4_,,,. ,.;;~ COMMISSIONERS: None.
R~;~„:;;;;', ABSENT: COMMISSIONERS: Allred.
; ,. ;~
r,
~ar ;* Commissioner Seymour offered Resolution No. PC71-108 and moved for its passage
~'~t.. and adoption to grant Petition for Varianr.e No. 2253, subject to conditions.
a{ (See Resolution Book) ~
. ~
,F' ;~ On roll call the foregoing resolution was passed by the following vote: ~
d r 4~k ~
s AYES: COMMISSIONERS: Farano, Gauer, Herbst, Kaywood, Rowland, Seymour. '
x~ ;~, NOES: COMMISSIONERS: None. (
a
~; =~ ABSENT: COMMISSIONERS; Allred. ~
y ~.~
" Commissioner Gauer offered Resolution No. PC71-109 and moved for its passage
i; .
~~+;~ and adoption to grant Petition for Conditional Use Permit No. 1236, subject
+ to conditions. (See Resolution Book)
i' ,
~:' ~ On roll call the„foregoing resolution was passed by the following vote:
'zr, , ''~
~;" `~ AYES: COMMISSIONERS: Farano, Gauer, Herbst, Kaywood, Rowland, Seymour.
'~ NOES: COMMISSIONERS: None.
~ ABSEN/T:~ COMMISSIONERS: Allred.
r: v Mr. 3a Ni~ -__ .. • .: ~
g, representing the Southland Ambulance Service, appeared
+. ,~ before the ~ommission and noted that they were requesting permission to
}° ~: continue operation of the ambulance service at this address; t'~at since
~~,.. .F the property was commercially zoned, they were operating by right, but it
{ ; appeared they were wrong, and ap~roval of a conditional use permit was
h_ '= necessary, and the use existing was compatible with the traffic on a highly-
?=:
~ -:•.:-;~?; traveled street.
~'.:,; µ
~
E'~ ~ Chairman Herbst noted that there had been complaints received regarding the
:~, noise of this operation; whereupon Mr. Ninburg replied that they had never
"• received any complaints during the two years they were at this location.
~ ,~ Mr. Don Kline, 1023 North Main Street, Orange, appeared before the Commission
and requested answers to certain questions since it was his understanding
>` that the operation was in existence for two years in the C-1 Zone, and
:. } according to the Anaheim Municipal Code, approval of a conditional use permit
1 ~ ~J
~` ~'~ was required - therefore, it would anpear that the petitioner was in violation
- '.Y . ... _.
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Z
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:1 ~ -
• ~~..,.~.~~~
~
~
CITY PLANNING COMMISSION, June 2, 1971
~ ~ AREA DEVELOPMENT
PLAN NO. 95
_;.,.
~~
~ - _ ...
' ;;c
C : v
~; ,
',i;c
~;~
.~t' :` ~ .
RECLASSIFICATION
NO. 70-71-54
CONDITIONAL USE
PERMIT NO. 1236
VARIANCE NO. 2253
CONDITIONAL U°E
PERMIT NO. 1237
(Continued)
~
71-353
- of the City'e ordinances, and the City Attorney stated
that this was a misdemeanor; that the petitioner was
only requesting a conditonal use permit after having
been in operation for two years; and that since he was
also in the ambulance service, he knew that it was
necessary to receive approval of a conditional use
permit before operation.
Chairman Herbst noted that eventually the arm of the law
would catch up w~;.:i them, and the Commission had no
enforcement on this but must consider any request for
land use presented to Ehem.
Mr. Kline stated that he had discussed this with Mr. Lowry,
and it would appear there was some ambiguity on this particular petition.
Mr. Lowry noted that investigation of a use was only made when complaints
were received, and the City could only proceed or act on a violation when
this was found.
Mr. Kline stated that this was a misdemeanor and was punishable by a$500
fine.
Chairman Herbst noted th•at as a Commission they were concerned only with
land use and not with the enforcement of the An~heim Munic±nal Code.
Zoning Supervisor Charles Roberts noted that Mr. Kline would be given the
same courtesy that Mr. Ninburg had received if the City determined that a
violation had occurred - any violator is advised of same and tols to rectify
this violation by the proper legal steps, such as in this instance the
filing of a conditional use permit.
Mrs. Cecile Gough, 421 Euclid Street, stated that she had made a similar
inquiry regarding this ambulance service as to why it was allowed to continue,
and someone stated that Union Oil did not know what was going on on their
property a11 of the time; that many of her neighbors were present, but it
appeared none seemed to want to speak up in opposition to the proposal, but
since they cvouldn't, she would state there was considerable noise; that
three to four campers were always parked on the front of the property, and
the drivers lived in these campers - therefore, if the single-family home-
owners who wanted to convert their properties to commercial were required
to have parkinu in the rear, to grant the requested waiver of the required
rear yard parking to permit front yard parking would be granting him a privilege
not afforded the adjoining property owners; and that she was definitely
opposed to the ambulance service because of the manner in which the use
of the property was made, as well as the noises created.
Commissioner Farano inquired whether Mrs. Gough would be opposed to it
if the Commission required that the property be maintained in a more orderly
manner; whereupon Mrs. Gough stated that the Union Oil Company owned the
property, and everyone must make sure that they agree with everything that '
was said - otherwise Union Oil would not go along with it; that it took
two years to catch.'up with this ambulance service, and she did not want
to wait one second for fhem.to water another tree - therefore, she would
appreciate requiring that•this propert.y be tidied up, whether or not the
use was approved for an ambulance s,ervic'e.
Mr. Joe Lemons, 1808 Chalet, appeared before the Commission and stated
that he represented the adjoining property owner, Mr. A. B. Cox, who was
85 years of age and was unable to be present; that he had been at Mr. Cox's
home when the ambulance started up, and the siren started behind the sidewalk,
creating a considerable hazard since motorists jammed on their brakes,
wondEring where the ambulance was coming from while it was still parked
on the lot; and that this was not an area in which to permit an ambulance
since there were too many residential uses in the area.
In rebuttal, Mr. Ninburg stated that no valid complaint had been presented
at the public hearing; that he had been advised that the petition would be
continued to allow time for advertising an area development plan, and he
could see no reason for improving the property if the use might not be
permitted. Furthermore, he could not visualize a better place for the
~'~: ~ .
- .
~ :,-f ~s
. ' y
d
i ~ I
~
~ ~~ ~._~
MINUTES, CITY PLAN NING COMMISSION, June 2, 1971 71-354
AREA DEVELOPMENT - use than on Euclid Street which had been widened
because
PLAN NO. 95 _ ,
it was intended that it be used for commercial purposes;
RECLASSIFICATION and that the ambulance service in its present location,
accordin
to th
P
NO. 70-71-54 g
e
olice and Fire Departments, was an
ideal location.
CONDITIONAL USE
PERMIT NO. 1236
VA
I Commissioner Gauer inquired whether or not Mr. Ninburg
R
ANCE NO. 2253 was satisfied with the month-to-month lease since there
CONDITIONAL US was always the possibility that Union Oil would terminate
E the use.
PERMIT N0. 1237
(Continued) Mr. Ninburg replied that Mr. Franks had advised him there
would be a decision made on whether or not the station
would be expanded, at which time a longer lease would be
considered.
` %:j Commissioner Farano asked fcr one good, valid reason why this should be
~ approved since the Unioa Oil Company nade the statement that they wanted
the existing conditional use permit to remain in force, and to maintain it
~` in force, they would be opposed to the ambulance service if it meant losing
_^' the existing conditional use permit. What incentive would the Commission
have to approve this use if the ambulance service was on the property on a
month-to-month basis.
?; Mr. Ninburg replied that they needed a place from which to operate.
~.
,,; Commissioner Farano noted that if the ambulance service needed a place, then
~ they should also be willing to make the proper improvements that would make
;.~ the use more accepcable to the neighbors.
5>a
?~ Deputy City Attorney Frank Lowry advised the Commiseion that a letter on
,,.~,;_~ file from the manager of real estate, Union Oil Company, indicated they gave
~.;
'~; i~ their approval in having Mr. Ninburg as their agent in this application, and
that the application was leqally filed.
< . ~
,r,';.,,,,`-~~~ THE HEARING WAS CLOSED.
Commissioner Rowland noted that the reason the conditional use permit was
before the Commission was because the zone would not accommodate this land
use; that not every location was capable of withstanding the impact of
every C-1 land use; that he felt the original location of the ambulance
service on the east side of Euclid Street was just as dismal as this and i
voted that way; and that there were not many land uses in the C-1 2one
which could back up comfortably to R-1 -.therefore, these single-family
homeowners should not be forced to endure this use.
Commissioner Rowland offered Resolution No. PC71-110 and moved for its
passage and adoption to deny Petition for Conditional Use Permit No. 1237
on the basis that the proposed use, although commercial in nature, was not
compatible with the single-family land uses long established in close
proximity; that the proposed use was considered one of the least desirable
commercial land uses when established adjacent to single-family residential
uses since the,hours of operation and noise emanating from the vehicles
were disruptive and dist.urbing~to the health and general welfare of the
surrounding area; and that the proposed use would adversely affect the
adjoining land uses and the growth and development of the area. (See
Resolution Book)
On roll call the foregoing resolution was passed by the following vote:
AYES: COMMISSIONERS: Farano, Gauer, Herbst, Kaywood, Rowland, Seymour
NOES: COMMISSIONERS: None.
ABSENT: COMMISSIONERS: Allred.
~":'
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,,,,.: _: . , ,. ~. . , , _ . _ _ _ i ,
VARIANCE NO. 2262 - PUBLIC HEARING. PAUL ACKERMAN, 1146 Civic Center Drive
West, Santa Ana, California, Owner; WALLACE WARREN,
~ 625 South Euclid Street, Anaheim, California, Aqent;
requesting WAIVER OF PERMITTED USES TO ALLOW A REAL ESTATE OFFICE IN A
RESID~NTIAL STRUCTURE WITH WAIVERS OF (1) MAXIMUM SIGN AREA, (2) MINIMUM
REQUIRED PARKING SPACES, AND (3; MINIMUM REQUIRED FRONT SETBACK on property
described as: A rectangularly-shaped parcel having a frontage of approxi-
mately 86 feet on the south side of Hroadway, havinq a maximum depth of
approximately 96 feet, and being located approximately 202 feet west of the
centerline of Fann Street, and further described as 1718 West Broadway.
~- '~.,~„.--,, Property presently classified R-1, ONE-FAMILY RESIDENTIAL, ZONE.
~~ 2oning Sugervisor Charles Roberts noted the location of subject property,
uses established in close proximity, and the proposal to establish a real
estate office in conjunction with a residential use; that plans submitted
°~` `r were not satisfactor
plans, however, these~revisedaplansVwere not receivedtin~sufficientVtime
~ for staff to analyze them; and that Area Development Plan No. 93 should
`. also be considered in conjunction with said petition - therefore, staff
~. would recommend a two-week continuance.
1;
~: Commissioner Kaywood offered a motion to continue consideration of Variance
,~ No. 2262 to the meeting of June 14, 1971, and directed staff to readvertise
Area Development Plan No. 93 to be heard in conjunction with said variance.
;,~1
''ss~ Commissioner Seymour seconded the motion. MOTION CARRIED.
~~
~ Commissioner Kaywood left the Council Chamber at 10:15 P.M.
;'~;
~j CONDITIONAL USE - PUBLIC HEARING. EDWIN E. HEACOCK P,
.`j~ PERMIT NO. 1242 California Owner; DAN EVANS c o, ~' Box 81, Anza,
' . / Coldwell, Banker &
~+ Co., 2333 North Broadway, Santa Ana, California, Agent;
'~ requesting permission to ESTABLISH AN AUTOMOBILE BODY
r;,,,;,. AND PAINT SHOP on pro pert y d e s cr i be d as: An irregularly-sha ed
-,~ ~,r P Parcel of
~;.;.;f:~, land having a frontage of approximately 70 feet on the west side of Euclid
~h`;`~~ Way, having a maximum depth of approximately 300 feet, and being located
~:,`~,:~~ approximately 190 feet north of the centerline of Lincoln Avenue. Property
t$~ presently classified M-1, LIGHT INDUSTRIAL, 20NE.
,,a `~C~'1~
;~y~ Zoning Supervisor Charles Roberts reviewed the location of subject property,
;';~~ uses established in close pzoximity, and the proposal to establish an auto-
= r. mobile paint and body shop in a proposed 7500-square foot industrial building;
?,`.`., that said building would comply with all the zoning code requirements, and
' s{. the only question before the Planning Commission was whether the proposed use
``'~' of the structure was a
'~"` ppropriate; and that if it were determined that it was
•. appropriate, the Commission might wish to inquire as to where the cars would
be stored before and after painting, since outdoor storage was required to
,~ be enclosed with a 6-foot masonry wall.
''~
~'
~ Mr. Raymond Utin, 3224 Wilshire Boulevard, Los Angeles, appeared i,efore th
Commission and not
d
e
e
that the reques't before the Commission was for a
and body shop, all~done indoors
a
d
i
'
u ,
n
m
nor repairs would be done elsewheret
that the proposed operators were availabl
'
>?
r e to answer questions; that he had
represented the applicant in other simil
~
~
~ ar areas; that as to storage of any
cars, the car driving out would be almost bett
,:
~
s~ er than what was being driven
in, and he would re uest
4 permission to allow parkin
of th
hi
u
'
' g
ve
e newly finished
cles outdoors; that they were in a
r
:
: g
eement with all recommendations by
the Interdepartmental Committee
p,,
i except for Condition No. 3, which required
underground electrical service
sin
t
~;; '; ,
ce
here was a service availabler although
he did not know whether it was from Anahei
~;.,
"
k m or the Edison Company, he did not
feel that an underground utility would be justifi
d
f
~. ~;_ e
when others in the area
had been permitted to have overhead utilities.
,r; A Mr. Roberts advised the Commission that the position of the Cit
matter was
o
if
thi
h
~~~~
Y` y
,
n
s
t
ere was no need to place another pole to supply another
parcel, no underground utilitie
~
_ s would be required, but if another pole were
needed, then this waiver would not be
`
,.. ,:i~ granted.
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i
MINUTES, CITY PLANNING COMMISSION, June 2, 1971 71-356 I
CONDITIONAL USE - Mr. Utin then ~tated that a former weldin and
g painting ~
PERMIT NO. 1242 shop was located on this property years ago - therefore, ---
(Continued) he would assume there was an available pole f.or these
utilities. ~
,
~
Mr. Roberts noted that if the Utilities Division determined that the applicant's~
~ request for waiver of this condition was justified, they would respond to a
letter if submitted to them requesting waiver.
. ~_ ~~ ~~KJ~ ~O:a~~y~,
~
~
~
~
t e
~ •
-,,f:. M
Sven Harbe
21
EU
S
et
a
g , ppeared before the Commission and
'
'"~ noted he owned this property for twenty years; that there never was a welding
~>::^;:'!~ or paint shop located there, south of him, since he had resided there until
five years ago; that he was concerned about the paint smell since he had been
~ a painting contractor for many years, and there appeared to be no way that ~
:
;~ paint odors could be completely avoided; that each car would re uire a minim
q um ~
-a of one to two gallons of paint, and 758 of the gases thrown out would be
th ~
rown out into the neighborhood, and only 258 would be on the automobiles;
that he knew of no modern equipment spray booth where the odors or fumes ~
conld be completely avoided, and he was concerned that these fumes would ~
~ spread over the neighborhood, adding to the pollution problem; and that he ~
was opposed to any odors or smells that might come from the proposed use E
since he was still residing on his property, ~
~',
Chairman Herbst inquired as to the number of homes that were still located ~
{{
in this area since it was already zoned M-1; whereu;~on Mr. Harberg replied
~ I
f
that there.was
another home adjacent to him, and they did not know what they
"
u
' ~
; wo
ld :b
e •facecl with if this use were approved.
., ;
i
~
`' Mr. Utin, in rebuttal, stated that he was in error when he spoke as to the !
location of the property - however, since there were other shops and an
{~ alley in this general area, and as to the t~posure and nature of the fumes ~
i
_ A which the o osition was o
PP pposed to, they had a 49-foot setback and were !
~
`~ two-thirds of the way south and had an exhaust mechanism on the paint booth;
_ that he was responsible for fifteen or sixteen of the Earl Scheib buildings,
~~i~ but in respect to installation of the booth, and all these facilities had
; ~
'' received approval of the Air Pollution Control Board; and that although j
~+
?~ ~ there were other problems, none of them pertained to the odors from the painz. !
3i~ r''~
~ ~ Mr. George Norfall, 501 East Bethany, Burbank, appeared before the Commission
i~ and re uested
q permission to read a letter from a paint company regarding the
xj
` latest results of paints and their approval by the Los Angeles APCD, which
':dfj
` was then read, and then noted that approximately 75 companies used these
;;,',~
~
,~ paints in their daily operations and no complaints had been received regard-
':;~' ing any paint odor; that their equipme~nt was the most modern and newest of
':E
`
~ its type with spray booths designed and approved by the fire code require-
,
!i ments as well as APCD - therefore, he would like to assure the opposition
that the odors would be at a minimum; an3 that they presently operated at
- four other locations and never had any complaint rega-rding odors of any kind.
- v Mr "•NOrfall, in response to Commis'sion questioning, stated that the '
~
' vehic•les. would re, sto.r•ed'.toward the ~rear of the building, and the only cars
~~
"
"
V that would-
b
e
outdoors would be 's"ix to eight painted cars waiting to be
;
;
" picked up and were there for display purposes; therefore, any vehicles that
were ready for painting would be indoors.
Commissioner Seymour inquired whether or not the petitioner would have
adequate signing for his property since this property would be away from
the normal view of the public; whereupcn Mr. Norfall replied that they
,•; proposed ~nly to have their name and price of the paint job; and that they
i~_:. would comply with code requirements as they pertained to signing.
~~i Mr. Ricardo Uribe, proposed operator of the facilit , a
e
he
P
e
';;; oT
Commission and stated he would like to comment regarding
the
parking
r~" storage of vehicles, and if the Commission so desired, they would not have
parking of the finished vehicles in the front - however, these would look
~`t ' better than the employees' or customers' vehicles parking in the parking
area; and then in response to Commission questioning regarding obtaining
germission from the Orange County APCD, stated that before they installed
; their equipment, they would have to apply to the APCD, and they also had
~:` to comply with all City, State, and Federal regulations which were very
'~ ;.
~
' strict regulations.
:
s
~
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. .
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. . . . ~.
'~~
.
. -
_
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. . .. . . . ~ ~ - ~ . .. ~ _
CONDITIONAL USE - Commissioner Farano inquired as to the a
PERMIT NO. 1242 the building and landsca in PPearance of
, (Continued) that the entire buildingPwould~berofpconcretetwitheplate
glass windows and doors and either stone or tile treat-
would attempt to incorporatedthemtinto~thesbuildind any preference, they
comply with code requirements. 9% and that the sign would
Commissioner Seymour noted that he would not view favorably any request
:, within six months for a sign 60 feet in height.
. ~~.•_-. _ ! ~~ _ ~_
,r `~< Chairman Herbst noted that since the petitioner stated there would be no
fumes
he wo
ld
r ' ~ ,
u
not be opposed to the use, and from his own experience, the
State law protected workers on the insid
d
~~
' e, an
any fumes outdoors would be
controlled by APCD since they were
° very strict and the technolo
the
paint companies had been improvin
c
i
g
ons
derably since the APCD worked
diliqently in suppressing obnoxious odors
f
,
umes, etc.
THE HEARING WAS CLOSED.
1 Commissioner Seymour offered Resolution No. PC71-111 and moved for it
assa
p
s
ge and adoption to grant Petition for Conditional Use Permit No. 1242
subject to conditio
'; ,
ns, and the stipu].ation by the petitioner that there
would be no parking outdoors
?
' except for finished vehicles which would be on
display in front only; that signin
w
ld
: g
ou
be in conformance with code require-
ments; and that the regulations of th
A
;,~; e
PCD would govern any fumes. (See
Resolution Book)
fl"
t` On roll call the foregoing resolution was passed by the £ollowing vote:
~ ' AYES: COMASISSIONERS: Gauer, Herbst, Kaywood, Rowland, Seymour
NOES
.
: COMMISSIONERS: Farano.
~ ABSENT: COMMISSIONERS: Allred.
g~ Commissioner Farano, in voting "no", stated he did not feel a paint sho
was a desir
bl
p
a
e use at this location.
'~
~ ~
~
,
;~ CONDITIO:~AL USE - PUBLIC HEARING. GRACE E. DICKERSON, 252 South Elder
PERMIT NO
1239
, ,
=' .
Street, Anaheim, California, Owner; ROSERT SINGER
2692
~
'~ ,
Main Way Drive, Los Alamitos, California, Agent;
~
~"
';.:`~? requesting permission to ESTABLISH A MOTEL AND A
RESTAURANT WITH ON-SALE LI
''
ti~' QUOR on property described as: A rectangularly-
shaped parcel of land having a fronta
f
`ti e o
a
5 pproximately 371 feet on the
south side of Lincoln Avenue
havin
a
i
~ ,
g
max
mum depth of approximately 254
feet, and being located aporoximatel
780 f
i
~ y
eet west of the ceaterline of
Cliffrose Street, Pro ert p
p y presentl classified C-1 GENE
:Y ~ ~
RAL COMMERCIAL
20NE.
' - :,~~
;,x
~ Zoning Supervisor Charles Roberts reviewed the location of subject
uses
t
b
~ property,
es
a
lished in close roximit
P y, previous zoning actio
~ n on the property,
and the proposal to establish a 63-unit motel in conjunction with
:
= a 3000-
square foot restaurant facility having on-sale liquor; that adequate park-
ing was being provided
th
i ;
at the primary question before the Commission was
one of land use due to the locati
on of single-family homes to the south,
east, and west; that inadequate vehicul
' ar on-site circulation for trash
pick-up was proposed; that it might be n
1
^ ecessary to require location of
the trash areas nearer the street for curb pick-up or
t
i
, prov
de internal
urn-around areas - however, the latter method would b
~ e more acceptable;
and that if the use were considered appropriate
th
C
~
~
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e
ommission could condi-
tion approval upon adequate circulation bein
and fi
~
e
r
~ ,
, re protection, guzthermore, the applicant
had
been
requ~rement th
advisedP
fk
t
y;
;, o
a
code
a minimum of 258 of the floor area of the restaurant be
devoted to the preparat3on of food
d
`
; ; an
that it was
units with kitchen facilities - therefo
s
i
l
`
~~. - <
: re, the Commission
m
ght wish to
question the petitioner regarding this phase.
Chairman Herbst left the Council Chamber at 10:45 P.M., Commissioner Farano
assuming the chair.
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71~358
CONDTTTONAL USE - Mr. Louis Miller, 403 East Wardlow Road, Long Beach,
_},~:~ PERMIT NO. 1239 architect of the proposed development, appeared before
''i:: (Continued) the Commission and presented a colored rendering of the
proposed project and proceeded to answer some of the
questions presented by staff in the Report to the
Commission, noting that there already was a motel immediately adjacent to
~subject property to the west; that tYiey would be glad to arrive at some
method of ineeting the City's trash collection requirement without having
the trucks making a circuit of the facilities since this would add more
`"~~ ~•^'" blacktop, and they were attempting to provide screen landscaping for the
}'~~~` R-1 in the area; that they would meet code requirement for the 25$ of square
r~~ footage of the restaurant for food preparation; and that the plans before
the Commission were only preliminary.
Commissioner Farano noted that the plans did indicate that all units were
proposed to have kitchen facilities; whereupon Mr. Miller replied that these
would not be the reqular type kitchens but would be an efficiency-type
previously approved by the City.
Chairman Herbst returned to the Council Chamber at 10:50 P.M. and aasumed
the chair.
Commissioner Gauer inquired whether or not they would have regulations that
any kitchen utensils would have to be oLtained from the management in order
to utilize the kitchen facilities; whereupon Mr. Miller replied that since
so nany people had families visiting this area, all equipment would have to
be ubtained from management.
Chairman Herbst noted that the Commission in the past had a maximum of 258
of all motel units with kitchen facilities, while it appeared that the
petitioner was also proposing 1008 rooms with kitchen facilities, and this
would lend itself to a bachelor apartment-type facility.
Commissioner Rowland stated he was not opposed to the land use - however,
there were some problems in the project which would have to be worked out
between the petitioner and staff, primarily trash pick-up and complying
with code requirements for a Eood preparation area.
Mr. Miller was of the opinion that it might not be possible to work out the
trash problem with staff.
Mr. Robert Singer, agent for the petitioner, appeared before the Commission
to answer Commission questioning regarding kitchen facilities in all the
units and stated that since they were planning to cater to the family-type
business, the units would have to have kitchen facilities; even though
they did not like to have this type of facility, they were acceding to
the wis.hes of ~the, pub,li•c. °
Commissioner Rowla•rid•noted that'either this was a mbtel or an apartmcnt
development, and code parking requirements would have to be met if this were
an apartment project, and parking as proposed would not meet code parking
if this were considered an apartment development.
Mr. Miller stated that they were slightly over the one-for-one parking for
motels, while there was separate parking proposed for the restaurant.
Commissioner Gauer left the Council Chamber at 10:53 P.M.
Commissioner Rowland stated that the petitioner would have to make up his
mind whether this was a motel, and if it were considered a motel, then only
25$ of the units would have kitchen facilities, but if the petitioner wanted
to exceed this percentage, then the parking would also have to be increased.
Mr. Roberts noted that the 258 limitation of units with kitchen facilities
was not a code requirement, but a Commission policy; however, the Commission
had given direction to staff to study this as to possible code amendment.
Mr. Singer then noted that they would have to refuse any prospective customers
if all the kitchen facilities were taken up.
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,1
MINUTES, CITY PLANNING COMMISSION, June 2, 1971 71-359
CONDITIONAL U5E - Chairman Herbst noted that this facility could be used
PERMIT NO. 1239 as a motel if il- abided by the motel standards, and
(Continued) later could be developed and built for bachelor, sub-
" standard apartments with substandard parking - therefere,
he felt the petitioner would have to determine whether
it was a motel or an apartment complex, and most of the motels in town
did not have 1008 of the units with kitchens, most did not even ask for
100~ of the units having kitchens.
Mr. Hugh Faulkner, 1631 East Oak Place, appeared before the Commission in
-..~- opposition and noted that his neighbor had advised him he had contacted
staff r,egarding the fact that parking was proposed along the east property
~~'-="`~~,;i line, and that only a 6-foot fence would be separating the parking from his
e~.~ property - however, he had only a 4-foot, 10-inch fence on his property line
and inquired what type of buffering was proposed.
1'
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Mr. Roberts advised the:opposition that a 6-foot masonry wall would be
measured from the hi.yhe,"s,t.•finished grade level, and it would be the responsi-
bilit,~• o;f. ~tie applicant to 'ad•d additional courses to an existing wall to
meet~bkiis 6 feet, subject to obtaining permission from the property owner.
Chairman Herbst noted that the petitiorie'r was also propo~ing to plant trees
adjacent to the wall, and down-lighting was re.quired so that adjacent
properties would not be affected by the parking area lighting.
Mr. Singer noted that they intended to comply with staff requirements, and
that he had been the builder of the tract to the south of subject property
so that he was familiar with the area.
The Commission was of the opinion that the architect should meet with stafE
to present revised plans, resolving the points of conflict presented by the
Commission.
Commissioner Seymour offered a motion to continue consideration of Petition
for Conditional Use Permit No. 1239 to the meeting of Jur_e 28, 1971, in
order to allow time for the architect and the agent for the petitioner
to meet with staff to resolve problems. Commissioner Kaywood seconded
the motion. MOTION CARRIED.
Commissioner Gauer returned to the Council Chamber at 10:58 P.M.
CONDITIONAL USE - PUBLIC HEARING. DONAVAN E. RODMAN, 323t+ West Orange
PERMIT NO. 1240 Avenue, Anaheim, California, Owner; CHARLES E. EICHLER,
6888 Leilani Lane, Cypress, California, Agent; requesting
permission to ESTABLISH A NURSERY SCHOOL IN AN EXISTING
SI•NGLE-FAMILY RESIDENCE on property described as: A rectangularly-shaped
parcel'of land having a frontage of approximately 110 feet on the south side
of Orange Avenue, having a maximum depth of approximately 250 feet and being
located approximately 428 feet west of the centerline of Western Avenue, and
further described as 3238 West Orange Avenue. Property presently classified
R-A, AGRICULTURAL, 20NE.
Zoning Supervisor Charles Roberts reviewed the location of subject property,
uses established in close proximity,~and the proposal. to eseablish a nursery
school in an existing sin,qle-family residence; that the p~lans in'dd'cated
there would be a swing drive for dropping off the children, and if the Commis-
sion was of the opinion that the swinq drive was an appropriate method of
providing access, they might wish to require that a swing drive be installed
as a condition of development; that the Commission would also have to deter-
mine whether or not this was an appropriate land use, and if so, to require
a 6-foot masonry wall along the east, south, and west property lines to
buffer the nursery school use from the anticipated residential uses in
the area; and that the Commissio,i might also wish to determine the maximum
number of students to be permitted should the use be approved.
Mrs. Charles Eichler, 6888 Leilani Lane, Cypress, agent for the petitioner,
appeared before the Commission and stated that the proposed nursery school
would be in accordance with the Department of Social Welfare requirements;
, .;:-: - -
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. MINUTES, CITY PLANNING COMMISSION, Ju_^.e 2, 1971
CONDITIONAL USE - that they would comply with all conditions as set fortn
PERMIT NO. 1240 in the Report to the Commission; that this school would
(Continued) be for children up *_o eleven years of age, making it an
extended day care school; that the Department of Social
Welfare determined the number of children by the square
footage in each building and the play area; that there might be additional
construction later on - however, the present structure had add?tions, and
these additions might have to be approved by staff; that they planned to
have up to 40 children, and although they would like to have more, they did
not feel they would be given permissic: for more; that the hours of operation
were 7:00 A.M. to 6:00 P.M.; that the number of employees would depend upon
the number of children and their ages since the State also governed the
number of teachers by age, namely, one teacher for 8 two-year-olds; one
teacher for 10 three-year-olds; and one teacher for 12 pre-school chidren;
that there would be no program for school-age children since they already
had enough school, but they would only provide a place for them to plr.y
after school hours.
Commissioner Kaywood inquired whether or not the petitioner owned +_he Prc~erty;
whereupon Mrs. Eichler replied that it was their intent to purchase the
property and planned to improve it later on.
~~ The Commission expressed regret that the petitioner did not provide plans
S~'•'`'" that would indicate exactly what was proposed, including the swing drive;
since Western High School was located in close proximity, this would present
a problem as to picking up and dropping off the children.
Mrs. Eichler replied that the swing drive was almost manda+:ory in that area,
~:~':~ and the reason they had not submitted plans was because they were planninq to
purchase the property, and the Department of Social Welfare must view the
'~-`'' property to determine wh~ther or not the use requested would be permitted;
+~;:'i',: that they were not purchasing the property subject to approval of a use
:?~:=~1 permit; and that the building would remain as it was except that they would
~''~j~ `,~ have to put in toilets .
~o.e:::;
s.,~:: :: ;,,.
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P-~~;:':;:{. Commissioner Gauer noted that the plans would have to indicate where parking
;~~''i~:,~~ was proposed, although he could see no problem in not permitting the use;
a~=?'`?s.~'~ however, the Commission was more desirous of seeing exactly what was planned
'~~' ~'~' for a child day care school.
~~
;`~,
~ Commissioner Rowland expressed the opinion that if the pictures presented
~'~`'`'r.'"~' were indicative of what was proposed, ir. all likelihood the Social Welfare
s,~;~~.- .~'.
:;•;,r Agency would pass the place by, and there would be no way that he would vote
r for an environment for a child in the community unless the development were
brought up to date and a more detailed plar. of what was proposed was submitted
" because he was sure the Social Welfare Department would never approve the
property as it presently existed.
'`~~' •Commissioner Farano stated that it was not necessary to go to the expense of
:~~`>"r~ h~avirig"elaborate plans drawn if the petitioner could submit some type of
; ~;_'>~ plot p`lan that wou3~d•"expre,ss the idea of what was planned, and because the
k:;` .: Departmerit of °S~oci°al W.elfare would have to approve the use, if the approval
was not received, then the petitioner would not have to go to the expense
~•4_ of preparing development plans by an aschitect or designer.
`? Mrs. Eichier stated that there were otlier schools of similar nature which
%,, did not have the appearance of her existing structure; whereupon Commissioner
'` ~~ Rowland stated that there were a numbez of nursery schools in Anaheim that
~ `i were very nicely 3ane, and the petitioner would have to compete with the
~r`~`'f existing anes, as well as the cost involved, and even in this particular area,
N -~r;
~~ ,! the use wonld have to be competitively priced.
kJ ~`~ Mrs. Eichler stated that she had received her degree in child education and
~2'~~ knew what children needed, and that 50+k of the children in the city were not
a;.
~, - given the training they should have.
~''``~':~ Commissioner Rowland then asked what the Commission could do to assist the
`? petitioner; whereupon Mr. Eichler advised the Commission that although the
~'"`' development did not look as acceptable as they would like, it was their plan
'`~''; to refurbish it so that this would be =:ery nice school prior to opening up.
~~ :~
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71-361
_ CONDiTIONAL USE - Commissioner Rowland then stated that before the
PERMIT NO. 1240 Commission could commit themselves as to the land use
(Continued) the petitioner must demonstrat~s what they proposed,
....,; • and a condition in the granting of the conditional
~ use permit would be development in accordance with
{~ plans -however, these plans had not been submitted to the Commission; and
that the Planning Commission was an advisory body to the City Council,
therefore, complete documentation should be submitted to them.
Commissioner Seymour then inquired whether or not the petitioner would have
:,_, sufficient time to submit plans within four weeks and to contact staff for
~~'~~• •- guidance as to the specific plans that should be submitted.
~i~ ...
Mrs. Eichler replied that after June 2A, they would obtain the services of
a builder who could then draw plans for the proposed refurbishing of the
buildings.
Commissioner Kaywood offered a motior. to continue consideration of Petition
for Conditional Use Permit No. 1240 to the meeting of June 28, 1971, in
order to allow time for the petitioner to submit development plans of the
proposed use, Commissioner Seymour seconded the motion. MOTION CARRIED.
REPORTS AND - ITEM NO. 1
RECOMMENDATIONS VARIANCE NO. 1791 (3164 West Tyler Avenue) -
Request for a two-year extension of time.
Zoning Supervisor Charles Roberts presented a request by the petitioner
under Variance No. 1791 to grant a two-year extension of time for the use
of the single-family residential structure as a professional writer's
office; that Resolution No. 2024 dated May 6, 1966, approved the use for
a period of two years; that the last extension of time expired May 6, 1971,
and, therefose, since no complaints had been received regardizg this use,
staff would recommend that the two-year extension of time be granted, to
expire May 6, 1973.
Commissioner Seymour offered a motion to grant a two-year extension of
time for the use of property at 3164 West Tyler Avenue as a profes~~ional
writer's office, to expire May 6, 1973. Commissioner Kaywood seconded the
motion. MOTTON CARRIED. Commissioner Rowland abstained.
ITEAf N0. 2
CONDITIONAL USE PERMIT NO. 622 (Knott Avenue
Christian Church) - Property located on the west
side of Knott Avenue south of Lincoln Avenue -
Request for approval of revised plans.
2oning Supervisor Charles Rob:~rts presented revised plans to the Planning
Commission indicating that a 9600-square foot, two-story classroom build-
ing was propose.d; that unde,r Cond'itional Use Permit No. 622, permission
to erec't a new .sanc.tuaxy in an exis~ting•~church complex was approved, and
the proposed addi'tion 'was designed in accordance with a new master plan
of the complex which would be submitted to the Planning Commission for
approval at a later date; that the plan included recently-acquired property
to the south, and in the interest of time, the applicant requested approval
of the first phase under Conditional Use Permit No. 622; that 32 parking
spaces would be displaced by the proposed addition of the classroom build-
ing, and this addition would not increase the required number of parking
spaces - however, sufficient parking to replace those lost spaces should
be provided. Therefore, staff would recommend approval of the revised
plans subject to providing the 32 parking spaces displaced at another
location on subject property.
Commissioner Farano offered a motion to approve revised plans of Conditional
Use Permit No. 622 for a 9600-square foot, two-story classroom building,
provided, however, that parking spaces displaced by the proposed addition
be provided elsewhere on the property. Commissioner Gauer seconded the
motion. MOTION CARRIED.
~.
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2oning Supervisor Charles Roberts presented a request for approval of
revised plans under Conditional Use Permit No. 961, which approved a
pre-school nursery in an existing residential structure in September of
1967; that the applicant had submitted plans to double the size of the
school building - however, he had indicated that no more than 45 students
would occupy the expanded buildinc, and the Planning Commission approved
45 students originally; that a field inspection indicated that the neces-
sary street improvements and swing drive which were required as a condi-
tion of this zoninq action have not been completed, nor had the existing
school received final building insuection; and that staff, in view of the
fact that the applicant would not increase the number of students on the
property, would recommend approval of the revised plans provided that the
necessary street improvements and sw~ng drive were installed prior to
final building inspection for the expanded structure or within ninety
days, whichever occurs first.
Commissioner Seymour offered a motion to approve revised plans of
Conditional Use Permit No. 961, subject to providing the necessary street
improvements and swing drive to be installed prior to final building
inspection of the expanded structure or within ninety days, whichever
occurs first. Commissioner Rowland seconded the motion. MOTION CARRIED.
ADJOURNMENT - There being no further business to discuss, Commissioner
Rowland offered a motion to adjourn the meeting.
Commissioner Farano seconded the motion. MpTION CARRIED.
The meeting adjourned at 11:25 P.M.
Respectfully submitted,
~72~li./ ~~~/
ANN KREBS, Secretary
ANAHEIM CITY PLANNING COMMISSION
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