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Minutes-PC 1974/04/290 R C 0 MICROF{LMING SERV!CE, INC. : ~. , . . ~ ~ ,..~ , , ,~„ . , . , ~ ~ ~ Cit,y Hall 11n,~heim, Cali~ornia Apzil 29, 1974 ttEGULAR N~~TING OF THF ANAHEIM CITY PLANNING COMMISSTON REGULAR - A r.egular maeting of the Anaheim Clt,y Planni1lg Commiael.on w~s N1~ETING called to order by Chairman Gauer at 2:00 p.m., a quorum being present. PRE~ENT - CHAIRMAN: GauQr - COMMISSIONERSs Compton, Farano, Her.bat, Jc,hnaon, King, Morley ABSENT - None ALSq FRE5~NT ~ Deputy City Attorney: Frank Lowry Offi~e Engin~er: Jay T~tus Zoning Supcarvisor: Charles Ruberts Assi. tant Zoning Supe•rvisor: Phi.llip Schwartxe Commission Secretary Pro Tempore: A. Burgess PL~DGE dI' - Commiseioner. Farano led in L-he pledge of ~~1legiance to the ALLEGI~INCE Flag of the ' ~it~d States of America. EINVIRONI~NTAL IMPACT - CONTINLI~D PUBLI~ HEARING. ANAI~ETM HTZLS ~ TN~. AND REPORT_N0. ~.11 TEXACO VENTURES, INC., c/o Horst J. Schor, 380 Anaheim - Hills Road, l~nahoim, Ca. 92807, Owner. Property des- ~2ECLP.SSIFIi:ATI~+N cribed as: An irregularly-shaped parc~~ o~ land con- NO. 73-74-28 sisting of approximately 24 acres having front.Rges of. - appr.oximately 830 feet on the east side oP Hidden Canyon VARIANCE NO. 2566 Road anc~ appraximately 2630 teet on the north side of Avenida de Santiago, having a maximum depth of appraxi- TENTATIVE MAP OF ina'tely 40j feet and being located approximate7.y 500 Eeet TRACT N0. 8520 southeasterlX of thp intersection of Serrano Avenue and -"'- - Hidden Canyon Road. Property presently clasaifi~d COUNTY Al, GENERAL AGRTCULTiiRAL, DT57CRTCT . REQUESTED CLASSIFICATI~~t~: R-Ii-22•000, SINGLE-FAMILY (C~NE-HAT,'F AGRE) ZONE. p~QUESTED VARTAIVGE: WAtVE REQUIREMENT OF S~NGLE-FAMTLY LO~S FRONTTNa ON AN ARTERIAL HIGH~VAY. TENTATIVE TRACT REQUEST: 21 R-H-22,000 ZONED L(`i: 3ubject petitions have been con~inued from t}*e. meetings oE Aecember ~.U, 1973, January 7~nd March 18, 197~- at the re~uest of the petitioner. Assistant Zoning Supezvis~r Phillip Schwartze ~dvised the Cummisaion that a rec~uest had been received from the petitianer to continue subject petitions to the meeting of June 24, 1974. Commissioner Y.ing offered a motion, seconded by Commiesior~:r Mori.ey, to con-- tinue Envi.ronmental Impact Report No. 111, Rec.la~sification No. 73-74-28, Variance No. 2566, and Tentative Map of Tract No. 8520 to the meeting of June 24, 1974. M~TION CARRIED. In discussion th~ Commission noted that these petitions has~ been continued from three previous me~etings; that should the petitioner request any further con- tinuance from the June 24, 1974 meeting, the i~ems would be rer~oved from the agen@a and be re-set for hearing at the petitioner's expense, and the petitioner so advisecl. 74-232 ..~ ~ ~ ~ MINUTES, CITY PLANNINC COMMI55ION, April 29, ].974 7A-233 AREA DEVE~OPNIENT - CQNTiNUED PUBLiC HEARiNG, iNiTiATED BY THE ANI4HETM rZTY PL77~1NN N0. 114 PLANNING COMMIS9ION, 204 Eaet ~,incoln Avenue, Ana~eim, Ca. "-" ~ 92805= to coriaider vehicular circulaki~~n and aacesa for r~pproximatel1 5Q scros qon~rally bounded by the nor~herly oxtension of Grove Street to the wostr Mirdloma Avonuo to the northi Tuotin ~venue to the nor.thet~~tr tha Atchi.son, Topeka & Santa Fe Railrodd on thH ac~uthea~t; and Ls~ Palma Avenue to th~ south. Zoning Supervisor Charlea Robc~rts notecl that Area Develoomen~ Plan Nr~. 114 had been continued fram tha meetinga of February 20, March 4, March 18, and April 1, 1974, to reaolve pYOblams ralat~*~ to circulation w:.~~~n the area. AuP No. 114 hmd baen initiated to dotermino the need for circu:l.at on on t~~~~ Nara~I~ in queet-~n~ in the area bounded by Miralama Avenue, Tuat T~, tl;c~ Santd I'e Ra1.lr~ad and L._ ~l.m~n Avenue. Tl~e Traff.ic Enginser had made N: ojec~ione For ADT aounka, 450d-5UOU trtpa per day for usere of the propert:Y wlic~n developed to ul~imal:e uae. As near as ca~n k,e determined, a 30-fo~t wide ~trip of land was dedicated for a roadwa,y in 1l387, wh:lch strip runs a:long the entire south boundary of the Hurwitz property; there is a nead far a street system *_o s~rve all the properties that are axpertencing development at present. THE PUBLIC HEARING WAS CLOSED. mr. Sam Hurwitz, 100 West Chapman Avsnue, Orange, owner of Parcel D, appeared before the Commi~sion and indicated he had pr.otested against the full width d~dication of the new proposed str.eet to be made from h~.s property and suggested that he would c~edicate half if Dir. Webb, the adjacent prop~rty owner. on the sc~ath, would alsa dedicate half. Mr. HuL-witz further indicated he had not k~c~en able ~.o find any titl$ coiiveying the p.roperty to the City~ that thexe was a aubdivision map indicating the lower portion as having been cledicated in 1887 for eaaement purposes from his proporty. Mr.. Hurwifz reiterated that h~ didn't Peel he should now dedicate 30 feet unless the owner to the south also de~li- cates 30 feet, since the owner to ths south would prof.it from it. Mr. Dan Webb, 4620 East La Palma, Anahelm, owner of Parcel A, notified the Commissian that a~ortion of tiis property had been sold and that he may have indicatecl to the new owners that dedic~tion might be required; and that he preferred Exhibit "A", but northerly of the property. Mr. Earl Eddy, 3E~ DE~%elopment Company, owne.r af Parcel C, indicated his company was anxious to see this matter settled since it was holding up devel- opment of their portion. In di~cus~ian the Commis3ion indicated the property owners should meet and agree on a solutic+n to this problem; that th~ new property awner sk~ould perhaps be contac~ed to protect hi~ i.nterest if he were the owner who would be r.e- quested to make the c~edication; that sufficiAnt Cammission tina had been spent on this matter and it was urgent that eittier Exhibit "A" Ar Exhibit "B10 be adopted. Mr. Webb indicated that a parcel of his prop~rty had been sold on March 7, 1974, ~co Winn Engineering Company in Anaheim, and he was nAw trying t~ nego- tiate to purchase a portion of Mr. Hurwitz' property, which he indicated Mr. Surwitz may not be aware of. Commissioner Johnson offered a motion, seconded by Commissioner King, that Area Development Plan No. 114 be continued for two weeks to the meeting of Max 13, 1974; that the property owners understand this will be the last con- tinuance, and if they are nnt aY~le to bring themselves in accord by May 13, 1974, the City will act to adopt or~e of ~ha exh~.bits. MOTION CARRIED. ~ ~ MINUT~S~ CITY PLAIJNTNG COMMISSTON, A~xi]. 29, 1574 74-2J4 ~ONDITIONAL USF - CONTINUED PUBLTC fiEARItJG. WUOABINE CORP., 8:~83 Wilshire PERMIT NO. 1465 Bou].evexd, BevArly Hills, Ca. 90211, Owner~ EI~I~ JOHN GARCIA, 8383 Wilehir.o P~ulevard, Hovc~rly Hill~, Ca. 90211, AgentJ requeeting permiasion to L9TAIiLIBN A 5-UNIT MC)DEL HON~: CON~LEX on property clesaribed as: An irr~c~u].dr.ly-8haped pareel of land located approximately 1600 foet northe~..3torly of the intereeat.ton ~t Nohl Ranch Roacl and Sgrrdno Avenuo. Property presently c].aeaified R-A, AGP.ICUI~TURAL, 2QN~ . Subject petiti.on was contir~ua2~ from the meei~ing of Apr11 15, 1974, fox sub- mission af revis~d plane. Na one appeared in op~osiCi.on to subjoct petition. Althouyh the Staff Report to the Planning Comniisaion d~ted Apxil 29, 1974, waa not read ~t the public hearing, it is referred to ~nd made a~art of tlic~ minute~. Mr. John Garcia, agent for the petit•ioner, advised tha Commission he was avail- able t.o answor any 9uPStione. THF PUBLIC t~EARING WAS CLOSED. The C~nuni.ssion noted that no application had been m~de for s~.gninq of subject property, to which Mr. John Millick, representing Anaheim Hi11s, Inc.~ advised that all 3evelopera af property in the Anaheim Hills must submit and receive approval Eram Anaheim Hi11s, Tnc. for any on-site signs and that the signs muet conEorm with their general plan af development. Mr. Millick further stated that any sign would be in good taste, and also conform to tl~ City Code. It was noted that the Direc~or of Development Servi.ces had determinecl that the proposed activity fe].1 within the definition of Section 3.01, Class 1, o~ the Cit~r of 1~1naY~eim Guidelines to the Req~.~i.rements for an Environmenta]. Impact Report and is, tl:er~fore, categorically exempt from the requirement to file an EIR. Commiss=oner King offered Resolution No. pC74-86 and moved for its pasattge arid adogtion to grant PPtition f~r Conditional Use Qermit No. 1465 subject to condition~ and additional~.y, that the Engir.eering Division has ind~ca~ted that the grading •aill require inociificatien when the araa is converted to homP sites, in or.der to conform tn the Grading Ordinance. (See Resqlution Book) pn zoll call, the foregoing resoluL-ion passed by the following vote: AYES: COMMISS~ONERS: CONII~TON, FAR,ANO, HERBST, JOHNSON, KING, MORLEY, G~IUER NOES: COMMISSIONERS: NONE ABSEN~: COMMISSIONERS: NONE VARIANCr N0. 2591 - PUBLIC HEARTNC. CARLETON, F~ROWN & CO., INC., 1000 Wilshire IIoulevard, Los 1ingelP~, Ca. 90017, Ownerj ROBERT BROWI~, Cox Neon Co.rn., 1711 Bluff Rnad, Niontebello, Ca. 90b40, Agent; requestin,q WATVER OF MAXIMt~~! PERMITT~;D FREE-STANDING SIGN HEIGHT WTTHIN 300 FEET OF RESIDF•NTIAL STRUCT~ ES an property described as: A reci:angularly- shaped parcel of land consisting of approximately 1.4 acres having a°rontage ~f approximately 227 feet on the east side of Euclid Stree~, having a maximum depth of approximately 277 feet, and being lacat~d appraximately 242 feet south of the centerline of Lincoln Avenue. Property pregently classified C-1, GENERAL COMMERCIAL, ZUNE. No one appeared in opposition to subject petition. Although the Staff Report ta the Pl~nning Commission dated April 29, '1974, was not read at the public hearing, it is referred to and made a part of the minutes. Mr. Robert Brown, 1711 Bluff Road, Monteballo, agPnt for the owner, indicated he was available to anawer questi.ons of the Comm.'~ssion. In answer to a ques- ~ion from Commi~sioner King, Mr. 5rown indic;~ted the puxpoee in req~xesting the w~iver was to be in competitzon with o~ther signs in the area. ~ ~ MINUTES~ C~TX PLANNING CON:MIBSION, Apx~l 29i 197ti ~4°23~ VARIANCE N0. 25~1 (Continued) THT PU~3T~IC HEARING WAa C~OSI:O. Mr. Jon C. Finch, 1000 Wilshi.re F~aulevarcl, Los Ange,lea, repre~c~~nting th~ owner of the property~ ndvi~e~ that thE~ requeated sign would be far th9 use of "Alphy's"j th~L othar tnnanta in tt~e commArcial cnnter would hevo bui].ding signs and thA ueQ of en,y epece on the po].4 aign na~ r.equi.red for "Alphy'e". The Commisaion painted out that tenante of ne8rby apartmdnts would be lookit~g out their wiz~dows in~Lo the requesked signi that the ragueeted varianne wr~e apparently to aACUre sufPlc:lont sign~.nq for othQr tenante in t-+e ~omplex aince on~y one pole sigz~ wAa pormittedt and th~+t the pQtitianer waA ItO~ camplying with the Sign Grdindnca. It was noted that the Director of Development Services ha~ dotermi•~ecl that the proposed activity fell with~n the defin~tion of Sec~ian 3.01, Claee : oE the City of Anaheim Guid~lines to the RAquirements for an Envirnnmen~al lmpact Report and is, therefore, categorically axenpt from the requirement to file an EIR. Commi~sioner Morley ~ffer6d Reaolut~.on No. PC74~87 and movod for i.ts passage and adoption to deny Petition for Variance No. 2591, noting that the iequested sign did not compl,y with the Anahoim Si.gn Ordinance, anc~ ~he petitioner had not proved a hardship wua in~olved. (See Rasolution Book) On roll call, the foregoiny resolution passed by the following vo~e: AYES : COMMISSIONERS s COMPTON, FARANO, HERIIST, JQIiNSO~J, KTNG, MORLEY, GP.UER NOES: COMMISSIONERS: NONE ABSENT: C~~iMISSIONERS: NONE Commissioner Herbst~ in voting to c]eny subject petitiun, stated that the re- qu~sted sign was within 300 feet of a residential area, and cited tha Pact that signs across the street (west side of Euclid Street) as being taller did not constitut.e a hurdship to the petitiotler. RECLASSIFICATION - PUBLIC HEAI2YNG. JERRY B. NIT~SSON, 1720 Wes~ Ball Road, N0, 73-74-51 Anaheim, Ca. 9280d, Owner; WARNIINGTON DEVELOPMENiT, INC., 1752 Langely Avenue, Irvine, Ca. 92725, Agent. Property VARIANCE NO. 2592 described a~: An irregul.arly-shaped paxcel of land con- sisting of approximately 4 acres having a frontage of, approximately 270 ~eet on the sc~uth side of Ba17. Road and approxfmately 164 feet on the west side of Magnalia A~enue. Property presentl.~~ classified R-A, AGRICULTURAL, ZONF. REQUESTED CLASSIFTCATION: R-3, MUL'rIPLE-FAMILY RESID~NTIAL, ZONE. RP;QUFSTED VARIl~NC~: WAIVE:R UF' (A) MINIMUM FLOOR AREA~ (B) MP-XIMUM BUILDTNG HEIGHT WITHIN 150 FEET OF A SINGLE-FAMIT~X RESZAENTT~IL ZONE, AND (C1 REQUIREMENT THAi CAP.PORTS H~ ENCLOSED ON THREE SIDES , TO ESTABLISH A 108-UNTT APA~tTMENT COMPLEX. One person appeared in opposition to ~ubjECt petitions. Assis~tant Zoning Supervisor Philli.p Schwartze read th~ Staff Ropoxt to the Planning Commission dated April 29, 1974, and said Staff :tegcrt is referred to as if set forth in full in the minu~e~. Mr. Gared N. Smith, 2043 Westcliff Drive, Newport Beach, architect f~r the petitioner, hriefed the Commissian an the proposed development, indica~.iag that the petitionar had been requsst~d to c~nstriict an 6-foot wall along the westerly boundary of subject property, and that the petition~r was in agreemen~. Mrs. R. F. Anders~n, 931 South Verona, Ana2ieim, appeared in opposition and noted that Ball Road and Magnolia are k~eavily travelled~ ttaat increas~ of apartments would alsa increas~ the number of care parkec~ in the streets and number of students from the areat and that the area should be developsd for single-family residential. ~ ~ MINUTES~ CI.~~ FLANNING COMMtSgION, April 29, 1y74 74-236 RECLASSIFJCATTON N0. 73-•7A-51 AND ~'ARIANC~ NO. 2592 (Cantinuad) apartment complex weat of thia propoe~d pro•ect Commissioner King stated hc~ k~ad vi.ewed tha / on Su-iddy morn ng nnd there were anly thrc~o car~ parkecl in the street. M.r. Smi.th stated the pxoposed development was int;ended f~r ndult~ c~nly dnd that parki.ng would be providecl in exces~s of ~he City' o rGquiremer~t~ and that it would b~ more convenient for tenants to park in tlie area provided than an the atreet. Mr. Bernard B1ume, 2836 Weat Bal.l Road, 1~naheim, i.ndicnted hio prasenee in r~gard to the 8-foot wa1Z rec~ueet, and that Mr. Smith had adviaed thia r.equest wou~d be grAnted. Mr. Roy 5harp, 1235 South Magno].ia Avenue, Anaheim, indicated ha wae the owner of th~ house and proparty directly Lo tho south and rear o~ subject propeztyi and that the vacant Iot had been undevelaped For 1.5 yoars and was unattractive. Further, that hia home wa~ lacated on ~ho parael being prea~srved and he had lived in the dwell.ing for 16 years and had np inton~:ions of living ~laewhere, and he was aware dPdication would ha~-a to be made. The Commissfon dis~cussed the fact that the parcel on which Mr. Sharp livPd wou].d be a landlocked parcel, to which Offiae Cngineer Jay Titua indicated a parcel split woulci be involved and a parcel map muat be approved. zn answer to qu~estions from the Commission~ Mr. Smi.th ~t~rniahed ; nformatian relative to other ctevelopments which he had de~i.gnecl for bachelor ul,its, and atated there was not as grRat a~ turnovex in rental in baahelor unit~ as in the two bedroom-twa bath units, since bache~or units were large enough Eor ane person and not suitable for more than two at *_he most. Commissioner HeYbst noted that an apartntent development study had b~en c~n- ducted and it has been a policy that 25$ of a cievelopment was ample to tak.e care of the need fcr bachelor units, and apparen+:ly a 700-squaxe foot apart- ment was too large. Commissioner Herbst offered a motiono secondPd by Commissionex Kiny and MOTION CARRIED, that thp Planna.ng Commission rec~mmends to the City Council th~:'- ~he subiect project be exempt from the requirement to prepare an Environmental Impact Repart pursuant to the provisions of the California Environmental Quality Act. Commissioner Herbst offered Resolution No. PC74-88 and moved for its passage and ad.option to recommend to the City Council approval of Reclassification No. 73-74-51, with the stipulation that the applicant construc~ an 8-foot wall along the wester].y pr~perty line; and subjec~ to conditions. (See Resolution Book) On roll call, the foregoing resoluti~n was pa~sed by the following vote: AYFS: COMMISSIONERS: COMPTON, FARANC~, HERBS`~, JOFiNSON, KING, MORI~EY, GAU~R NOES: COMMISSIVNERS: NONE ABSENT: COTIM~SSION::RS : NONE Commi~sioner Herbst off_ered Resolution No. PC74-89 and m~ved for its passage and adoption to grant Variance No. 2592 on th~ basis that the petitioner. stipulatec~ to dedication and improvements on the R-A zoned praperty to ~.he south which has frontage on Magnolia Avenue; that th~e petitioner clemonstrated good space utilization and the p~r~entage of units for bachelox apartmenL•s was not in excess ox that previously authorized by Commission polic~• permitting na mare than 30$ of units smaller than 425 square feet; that the R-A zoned prop- er.ty was shown on the General Plan as suitabl~ for multiple-family develapment, and that single-family properties to the south ir the City of SL•anton were more than 50 feet distant, whi.ch meets the Ci;.~ ^f ~~~:.con requirements regarding two-story apartmPnt construction; and subject to condi•tion~. (See Resolution Book) ~ ~ MT~NUTES, CxTY PLANNING COMMIiSTON~ April 29, 1974 74-237 RECI,A3SIFICATION N0. 73-74_-51 AIJA VARIANCE N0. 2592 (Continued) -- ~.~ ._.~... - - A~ roll, call, the foregoing reaalution passed by the fo~.low~.ng vutes AYES s COMMiSSiONERS s COtdPTOr~, FARAN'O, ~i~RBS~r, JOHNSON, KxNG, MORLEY, GAtJ~R NOES s ~MMISSIONERS s NONi~ ABh~NT: COMMZSS.T.ONERS : NONE Commisaioner Herbst offered Resolution No. PC74-90 and moved f~r its pas~age azid udoption to zecAnun~nd to the f'ity Council tormination oP Rec~aseifiGation No. 67-68-88 since none of the conditione of said petiti.or. hdd been mat. (S~e Fesalution Book) On roll call, the foregoing r~solution was passecl by the foll~wing vc.to: AYES: COMNtISSIONERSs CUMPTOK, FARANO, HERBST, JOHNSON~ KING, MOF2LEY, GAUER NOES: COMMISSIONERSs NONE ABSENTs COMMISSIONERS: NONE GommissionQr Herbst affered Reaolution No. PC74~9J. and mor~ed for i.ta pasaaga and adc~ption ta terminaL•e Petitior for Vari.mnae t~o. 1985 s~.ncd none nf the conditions of sai.d petition had been me~t. (See Reaolution Hook) On roll call, the foregoing resolution was passed by the follow~ng vote: AYES : COMMISiIQNER.`'i : COMPTON ~~ARANO ~ HERBST ~ JOHN:+ON ~ iCTNG, MORI,EY r QAUER NOESs COMMTSSI:ONERS: NONE ABSENT: COMMSSSIONERS: NONE VARIANCE N0._2593 - PUBLIC HRARING. JoSEPHTNE MARKOWSKT, 1507 West Romney~a Drive, Anahez~<<, Ca. 92801, Ownert 1~~~N M1~IRKOWSRI, 1507 West Romne,ya Urive, Anaheim, Ca. 9?801, Agent= reqize~ting WAIVER OF RFQtJIRENJENT THAT TWO PARKING SPACES 8~; PROVIUED TN A GAFcAGE on prap- erty describec] as: A rectangularly-shaped garcel ~f land hav~.ng a fr.ontage Af approximately 61 feet on the north side of Romneya Drive, having a maximum depth of appro„imately I00 feet, ancl being lacated approximately 265 feet east of ~he centerline of Dresden P].ace. Pr.ogerty presently classified R-1, ONE- FAMILY RESIbENTIW.~ , 'L~NE . No one appeared in opposition to subjeat petition. Althouqh the ~`aff Report to the P].anning Commission dated April 29, 1974, was not read at the public hearing, it is referred to and made a parr of the minutes. Mrs. J~sephine Markowskie the petiti.oner, indicated her presence to answer Commis~ ion questions. TH~ PT ~LIC HEARING WAS CI,OSEL~. In qusstioning Mrs. Markowski, the Commission l~arned that the propertX in question had been converted from a garage to a living unit without benefi~ of building permits; however, the petitioner indicated should the variance be approved, permita would be obtained to bring the roam up to Code. The Commission fu~th~r discussed thE fact that this was a non-standard dwell- ing unit with no garage and that a precedeni. miqht be set in that other home owners migh~ make alterations to their homes wi:hout permita with ~he kno~~ledge it would be illegal, and if caught, place themselvee on the mercy of tlhe Commis- sion; and that a time limit might be p].aced for use of this property, subject t~ renewal. Commissioz~er Farano noted that the Commission had spent many hours 3.n solving p~oblems, and that the Commission should not grant carte blanche var3ances to this type development. Mrs. Mark~wski indicated, after questioning, that she would have no objeci;ions ta a time limit such as five yeara, and that once the home w~s sold it would be ~:onverted back into a single-family residence with ~arage. ~ • MINUTES, CI~Y PLANNING COMMSSuTON, Aoril 29, 1g74 74-238 VARII~NCE NO 2593 (Coiitinued) It wae noteii that tho Dir~ctor of Development Servicos had dQ~erminAd th~+t tho proposed activity fall w~.thin the d~fi.nition of Section 3.01, Cl~+as 3, of the Ci.ty of Aiiaheim Guidolii.es to tho Requiraments for r~n Envir.~nmental Tmpaat Report and is, therofore, categari.ca~.ly exempt from the requirement to file dn r~IR. Conuni~sioner Compt~ii offered RQSOlution No. PC7~l-92 and moved f.or its passage and adoptf.on to grant Petiti.oii for Variance No. 2593, wi1:h ths r~+qui.rementa that the b~ailding be brought up to Code atandards and a time l~.mit of flve yQars and sub~ect to renewal by the present ~wner/occupa~it unlyt and a~~bject to candi~ions. (See Resolution Book) On roll call, the foregoing resolution was pasaed by the following vota: AYES : GOMMTSS IONERS : COMPZ'ON , HER13S'.[•, JOHNSON , KING ~ MORI~EX , GAUER NOESs COMMISSIONERS: FARANO ABSENTs COMMISSIO~VE~S: 13~~1E In voting "no", C:ommissioner Farano i:~dicctted this ahould in no way o~fer encouragement to otheYs to do the samet an3 that hQ wistied tc~ maintain a positior~ a~+ far as th~ Commission was c~nc~rnec~ fox' future uses. RECE55 - Commi.asicner Herbat moved for a~en~minute recess afi _'r"'_' 4 • ~, . m . RECON~JENE - Chairman Gauer reconvenecl the m~eting at 4:10 p.m., - all Commissioners being present. VAttIANCE N0, 2595 - PUBLIC HEARING. COLLINS LTMITED PARTNERSHZP, David Collins, Genera]. Partner, 1077 West IIall Road, Anaheim, Ca. 92802, Owner; requesting QN-SAI,E BEER AND WIN~ TtJ CON~'UNCTTON WITH F'~OA SALES on property described as: An irregu.larly-shag~d parcel of land ~onsi3tix~g of approrimately 1.05 acres ~ocated at the sou~heaat corner of Bxoadway and the Southern Pacific Railroad right-of-way, having a~rontage of apprcximately 40 Feet on the south side of Broa3way, havinc~ a maxim~~.m depth o~' approximately 450 fe~t~ and being J.ocated approximately 160 feet west o~ the centerline o~' Hessel Street. Property presently classified M-1, LTGHT INDUS- TkIAL, ZON~. One person appeared in opposition to subject petition. Assistant 7,oning Supervisor Phil].ip Schwartze reau the Sta~f Report to the Planning Comnission dated April 29, 1974, and said Staff Report is referred to as i.f set f~rth in full in th~ minutes. Mr. Dave Collins, owner and p~titioner, i.nformed the Comriission that tY:e re-~ quested variance was an oversight in the origxnal variance petition in not having thi3 item li~sted; that he was operating a uni.que eenter for art3 and crafts, and in conjunetion with the operation there was a small sandwi~h shop where it was hoped to sell beer and wine, on~~, .Eor sale in conn~ction with the ea~ing o~eration, He f.urther indicat~d 2'iat should such sale of beer and wine become a problem, that it would be c~osed down, and the operation would be similar to the Villa del Sol in F'ullerton. Mr. Alvin H. Rohrs, owner of the petroleum plant adjacent to subject property, appeared in apposition. H~e not~d i:hat the property had only recent~.y been clear~ed up; it was being littered by the patronage of the Pepper Tree Faire~ He stated that the majority of daytime clients were people with children and would not create the right environment. Mr. Rohrs did st~te that ai. present the operation was a cl~an business and ahould remain that way without ~he serving of beer and wine. ~ ~ ~ MxNUTES, C~TX PLANNING CQMMISSTOIV, Agril 29 , 19 !4 74-23q VARIANCE NO. ?.595 (Contir~ued) THE PUBLIC F~EARTNG WA3 CJ.,OSED. [~r. Collins informed ~lte Commission trat the eandwich~~a wgra prept~xed on the premises i~ha~ beer and w+ :e v~~uulcl onl~+ be eold to persone buying ~~n~lwicheE 1 anc9 ~hat th~ bavordgos cou. d no~. be ~arried c~utaide of ths dining room facili- ~iea, which Facilitiee wc~uld se~t. 38 people. Mr. Colline indicated he had r~sad the Staff Rep~~rt which etaked the cond~.tione af VAriunao No. 2349 had r-oL be~n comp:llod wir~~ ~ and h~ asaured the CommiAaion tr~at the conditions w~uld be camplied with wit.hi.n 30 daye, regardleas of the outcome of Varianca No. 1595. Comr~~issioner Gaaer cnniplimonted Mr. Collins oz~ the operati~n c~f l?epper Tree Fair~, indica~in5 tr~Are wera certaiti strxndaids for aeparat~on of bar and dir~ing r.oom fACilities anci ex~r :esed concern th~t yourig adults wo~ild be buy- ing bear and ~,ain~:, tn which Mr. Co111na replied that the Alcoholic Beverage Control Buard was very vtgoraus in th3ir contral. Commissi~ er. Herbst questtonecl that the City ~f Anati~i.m a7.lowed selling of ~e.er ln ar~d on stadium propPrty and at tre AnahPim Convention Center where youngster~ and young aduli:s were pr~~~ent, and s ta : dd t-~at since this area in qaestic,n was M-1, cli~ntele w~ul.a t~ut be any more exposeci to dri.nking than at the ahove-mention~d fa:.ili.tia~s= and that Mr. Co].~.ins shGU1d s•tipul.atQ that t,e~:r and wir~e would n~t lae sold unless congumc~d with food. It was noted thal• the Director of Developmc~nt aerv~ices had dAtermined th~zt th~ proposed a~tivity rel:~ wl~hin the definition ~E Sectic.l 3.01, Class 1, of tha CiL•y of Anaheim ~u~. d~la.nes to the Reyuir~ments for an ~:nviror.mental Imract RN~ort an..l is y th~.refore, ~atey~rica].ly exempt from tht requirement i:a ~~ l.e an EIR. ' Conmiiss?.oner H~rbst offered a reaolut.ion to grant Petiti.on f~r Varianc~ No. 2595 wital the sti.r~alaticn that no beer or wine could be so~d that Y~as ~iot consumed with .~r~~'~ t.hat the beer and wine must bF~ conaumed wlthin the restai~- rant drea; and t.~.at hefore Variance No. 7595 could ~ecome effective, the previous conditior~s ot Variance No. 2349 must bF com~pleted. Co:~miss~..oner .E'ar.ano stated comparison o£ tr.e City i~icilities with Peppex Tree Fai.re was no'~ possible si..~ce law enforcemen;: was avail~bl~ at Gitl- facilitiea and there wa.s a different atmosph~r.e, differ~nt ciicun;3tances= and that the major percentage of c~xstomers at Pepper Tree ^aire would be of the younger group. Mr. Co'llins again stated that !~he clientele was almost entirely adult; that he likPd to encourage scouts and :.~her g.coups; and that the goods sold wer~ camplet.ed ~.rticles, not_ ~natera.als. On ro! 1 ca].i, the f~regoing resolution fai~ ~d to carry by the fo1].owir,y vote: AY~S: CUMMISSI 1NERS: HERBST NO ~S ; COMMISSIc)NERS : COMP'?'ON ~ FAkANO r JOHNSON ~ KING„ MORLFY„ GAUER ABSENT: COMMISSIONERS: NONE Commisnianer J~hnsoc~ indicated his "no" vote was because conditions rec~uired under Variance No. 2349 had not be~n complied witht ,~nfi chat the at*~iosphere prevalent under ~ prPVious use might again be createa. Commissioner k'arana o~f~red Resolution No. PC74-93 ~~nd move3 f.or its passaqE~ ar.d ado~ition to deny Petition for Varianre Nc~. 2555 for the ~bove-men~~aned reasona~ ncting that this denial :~hauld in no way be a~nstrued as tinal disposition c.f tlie suhject, indicating tha~. Pepper Tzee Faixe was ir the earliest stagea of devF'.apment and a~ .Mr. Col~~nP had in~.icate:d, its character was going to ~hange, tht operatlon ~~d client~le wer•~ going to chazage, and wl;en tt-e o~eration was fally establishea ~hat the a~plicant return and the Cor.unissi~nn review t:ie :perat~on aad if beer anc] wine wauld add fi.~ its opera- tion withuut creating otlier pro5lema, such ~ae might be granted. (See Resolut~on Bookl ...~ ~ MINiJTES, CITY P~ANNIN~: COMMIE ~ ~ )N, Apr.il 29, .1974 74-240 V~RI.AN~CE N0. ~595 (Cantinueci) 0~1 r.oll cal]., tho f~reaing ro~olution wae pas~ed by L•ha follawing vote: AYESs COMMZSSIONERS s COMPTON, I'ARA,NO, JOHNSON, KINC, MORLEY, GAUF.R NUE5 s COMMI~SIONERS s HERAST ABSENTt COMMISSIQNERS: NON~ ThQ Commiesi~n atdteci ~hat conditions of Var .~ce No. 2a49 muat be complQted within 30 days. RECLASSI~'ZCATION - PUBLIC HEARING. A. H. STOVALL, JR., 1475 Santa I~argarita NL~. 73-79-~3 Arive, Fallbrook, Ca. 92028 At~ID DOR~THY M. FULLER, '152 ""--` ~ Skyview Terraee, '/entura, Ca. 93003, (hvnera= LARMbR VARIANCE N0. 2594 DEVEI.OPMLNT CO., 1101 South urand A~enue, Suite K, Sa~nta '""'~`~"-` Ana, Ca. 92705, Agent. Pi:operty desaribed as: A ractangularly-shaped parcel of land conai~ting of a~proxi- mdtely 1.95 acres having a frc~ntAge of approximt~taly 322 feet or. the r.outh side of Linaaln .'~vcnL~e, having a maximum depth of approximtttely ::04 fes~, and being located approximatel~r 340 feet west of the centerline or Western Ave.nue. Propert.y presently claasi£ied R-A, AGRICULTURAL~,ZONE. REQUESTED CLASSIF?:CATION: R-3, MiJLTIPLE-FP.MILX RESIDrNTTAL, ZON~. REQi1~ST~A VARIANCE: WAIVER OF (A) REQUIRE~7ENT THAT VEtIICUL~R ACC!~SS B~ T11KEN FROM HN AI.LE`1 AND (H) MzN1MUM l3UTLbTNG SITF AREA PER DWELLING UNIT, TO CONSTRUCT I1 G6-UNIT APARTMENT COMPLEX. ~30 one appeared in ~pposi.tion to suY,joct p~ti,tior.s. Althoi~gh the Staff Report to the Planning Commiesion datec~. Apri]. ~9~ 1974, was not rPad at the public hearing, it is referred tc and n~ade a part oP the m~nutes, M~. E. ,T. Moore, President of Larmor llevetopmen~ Co., ag~nt for the develope.r, advised the Commission that the number oF units pro~~sed had been re~3uced and, therefore, the req~xested varia.nce was no longer a requirement. C~mmissioner Compton offered .x motion, seconded by Co~YUnissfoner Johnaon and MOTION CARRIEL, that 'the planning Commission re~ommends ~.o the Gity Cauncil that the subject nroject be exempt from the r~quiremsnt te prep~re an ~nviran- mental Impa~t Report pursuant to the pro~~ision~ of the Cas.ifoxnia Environmental puality Act . Mz. Moore advised the Cc~mmission he was awars uf a can~ition that the Firs pegart:~ent had not~c~ a fire alarm system n, .ght be require i, and he was in agreement ~o such candition. C~mmissioner Compton uffered Resolution No. PC74-94 and. moved for its passage and adoption to recommend to the ~'ity Ccuncil approval of keclassifi.catior- No. 73-74-33, subject to conditions, ~aith the adc~~d conditions that street lighting faciliti~s alony Lincoln Avrnue shal:~ be in~tallc~a as rec~uire~l and a Y.~ona shall ~~ posted to gu~rantee ~nstiallation of same (an ampndment nf Condition *io. 1 in thP Staff Report) , and 3Ub~P,C:~ to the condition relative to posaible requiremPlt fnr a fire alarm system. (See Reaolut~on Book) On roll call, the foJ.~ego'.ng resalt~.tion was passPd by the following vote: RYES: C~:iMIS`'Ii'NERS : COMPTON, FAFtRNO, HER3ST ~TOHNSCN, F:ING, MURT2EY, GAUER NOES: COMMISSION~RB: NONE ABSENTe COMMISSTONr RS : NuN'E Commissioner Comfitcn oFfered ~ moti.un, seconded l~y Commissienez Herbst and MOTION CARRYED, to withdr.aw Jariance No. 2594, as stipu].a~ed by the applicant. ~ ~ MINUxES, CTTY PLANNIVG COMMY83ION, Apr.il 29, 1974 ~a-aa~. RI;CLASSIFICA'rION - PULiLIC H~ARIN~;. CFiARLE:~ A. McLUEN AND DOYL~ W• HI~~ ~ N0. 73-74-52 r. 0. Hox 3045, Anahaim, Ca. ~2H03, Awnersl DOYLE W. FiI'LL, ~- - -~~~-~~ P. 0. Aox ~045, AnAheim, Ca. 92803, Agentt requosting that property dee~c:cibed aa : An irregularly-shapoci parcel of land conai~ting oE approxln-Ately '10,254 aquare fe~t loaat~d a-t tho northwest corner of Short Street and Kallogg ~riva be :-~claseiEied Pxom ~h~ R-A, AGRICULTURAL , ZON~ to the C-1, ^I:NERAL COMN~I;RCIAL, ZONE . Aseiatant 2oning Supe-visor Phil~Lp Sohwartz~ advieod the Commi.~~j.on that the petitione~~ hrd requested :~ two-wPek c:or~~inuance in order that- a petition for. variance could be subm~.ttec3. Mr. L'aonard Gutman, 6022 Short Stroet, Yorb~ Linda, appeared k~ePorA th~a Commi~sion aiid indi.cated that property ownera in the ~rea had not hail suffi- i.ent notice nor time ~o review tYie development. Ha further st~~t:ed h~ ownQd he parcel immedi.a~-ely adj~cont to tlie property i.n question and hAd built an $80,OOp h~~me an it which would overlook ti~is commerr,ial centQr. Mr. Gutman indicat~d he had p~tition w~.th 60 siynatures in ~~:~nositic~n tu the devo].op- men+: and rec~mmen~~e~; that the Commission considei th~ property ~:uitablp for residpntial rather thar~ commercial. Mr. ~7ohn 5~..~1y, 6061 Grandvlew, Yorba Linda, appeay~ed ir~ opposition and re- quested that the peti.tiona be continued t~ May 13, 1974 , i,ndicating that the area was unique, a~~y chanqes would be detrimental tp the value of pr~pertY in the area, and access would bc on ShoLt Street. which was not a~ull width street. Mr. Sully wa3 advised tnat Short Street would be impraved to City standards. Commiss~.oner Her:+~ ~ offereci a motion, ser.onded by Gommissionel King, to continae Petition ~or Reclassificati~n N~. 73-74-52 for two weeks, to May 19, 1974, advising that ~roperty owners would receivc: a copy oP the legal notice for thE petition for v~riance, and the combinerl petitions would be the first item on the sch~duled agenda. MOTION C.ARRIFD. REPORTS AND - IT~M N0, 1 I2EvOMMENDt1TI0NS Y R$A REGIONAL PARK ENV.T.RONMENTAL IMPI~CT i~''.,P0~2`,[' Assiatant Zoninq Supervisor Phillip S~ .iwartze advised the Comm3.asi.on that t!:e Orange County Harbors , Beaches and Parks District proposed to develo~ a regional park en a site af approximat~ly 1°0 acres located juat north of thP Santa Ana River west of Weir Canyon Rnad within the Ci ty o~ ~lnahe~.m; that an E:~vironmental Impact Report had been submitted caveri.ng sub ject pr.oposa7.. Further, on Fet,ruary 23, 1971, the Anah~im Ci.ty Counci'_. adopte.. General Plan Amendmer,t No. 122 which de3ignates the area of concarn for a park site. Commissioner King offered a motion, 3econd~d by Commission~r Herbst:, th.at the Orange County Planiiing Commission be advis~d that the proposed Yorba Regional Park i~ in conforrnance with the City ot Anaheim Genexal Plan. MOTTON ^ARRIED. ITEM N0. 2 CONDITIONAL USE PERMIT N0. 1347 - Property located at. the southe._~;t corner. ~•f Mountain View Avenue and Katella Way - RequesL for clarification of use. r~ir. WillieM Snelling, Vice President, Southwest Leasing Corp. , 330 East Katella Way, Anaheim, advised the Commission th~t the Zoning Enforcpme-~t OfPicer did make an inspectior. and t:~ere were ' for sale' signs in the windst-ields of ~xrs. Mr. Sr.elling stated that some nf the cars sold had been returned £rom lease and some had been rental cars ; that it was s tipulated on the original applica- tion that vehicl.Ps would be wholesal~ only; that the c~mpany did aot have a permit to sell except for wholesale; however, the firm was selliny to dea~ers and to individuals, as well. ~ • MINUTE3, CI~Y PI~ANNING G~MMJSSTON~ A~ril ~9, 1474 74-242 YTEM N0. 2 (C~ntinued) Commiaeionar Farano que~tioned whethex S~uCtiwe+at Lea~in~ had a xesale~ pe~rmit, einae r+.ich a;~ermit statea there wauld be no se1l~.ng ta the ~c:.ez+~1 pubJ.iat that if selling t~ the g~+neral public, a ea~.e~s tdx muet be aQ1~.A0~1~~~ and it then would become a used aar lot. Further, that ~he ~eci].i~y in queatian~ w~itld not bA used as a uaed car aalee 1ot, and if tht~ app~.icant wtahed to ~i~a the praperty ae auch, he mu0t fi~.e nn appliaation. tlr. Snelling adviBed tj:at tha ~n].y vehiclee suld were thoee which k~~sd baen on lr~a~a or rental, na ~ther~ , and ~t a previoue mdeting at which the use~ was approved, i.t wae hi~ intention t,o request permi.esic~n far ret~~~.iing. CommissiAner F~ar.ano direated that. the petitioner be instructed tha~ the current varianae shoul3 not be conatru~d to allow and parmit tha eale of cPre from ti~e lot ta the public~ ~hat he was allowed only tt~ wholeeale Gare to otr~er car deal~ara anc~ ttiat thia proport~ ehould not be usod to mak~ cars uvailabla for inapoctian or anythinq olse Prom the propertyt and that one ot the conditian$ on the currant petition wae that sho~ ld any other ue~e be made, the pet .ti.oner would submit another applicatian. ~ir. Snelli.ng adviaed he would make fur.ther applicatf.on. ITEM NO. 3 FtM-'.~~SIDENTIAL ~ MUT~TIFI,E-I'AMIL't ZONE Commissioner Kiny offered a moti~n, seconded by Commi~ss~.onex Mor7.ey, to clirect Staff to e~±t May 13, I974, for ~.ublic hearin; on the RM-3600 cc,n8~min.ium ardin~r.ce. MOTIAN C;ARRIED. AD30URtvMENT - Commi~sioner King offered a motion, se~onded by Commissi.oner Morley, ~o adjourn to May S, 197~, at 7:00 p.m., £nr a work session in the Redeveloomant Diviaf.Un ofPices, At~nk of A lerica annex. MOTION CARR7ED. The meeting adjourned at ~:30 p.m. Rea~ectfu~.iy submitted, ~ ~~ ,..~.K~ ~~~ A. Burgesa , ~ecretary Pro Tempore 3uiah~im ~ity Planning Cor~mission ABshm