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Minutes-PC 1976/03/15~ ~ ~ City Hell Anahefm, Califarnle Ma rch i S~ 1976 RF.GUI.AR MEETING QF THE At~AHEIM C~7Y PLANNI~IG COMMIS510N ~.______-- "~ Rf 'LAR - A regular meeting of the Anahetm City Plunninn Cc~n+missio~ was ~allcd to MEL~'f~G order L•y Chairmaii Farano at 1:30 p.m. in the C~uncSl Chamber~ a quorum bcsing present, PRESENT - CHAIRMAN: Faranc+ COMMiSSI~NERS: B~rnes~ Nerbst~ Johnsun~ Kinq~ Morley, Tolar AE~SF.NT - COMMI SS I~NERS : Nonc ALSQ PRES[PIT - Frank Lowry Pau) Singer Jay Tlxus Annika Santalahti Allan Daum Joel Ftck Patricta Scnnlan Deputy Clt/ Att~~ney Traff-c fnglnecsr Officc Enc~tne~r Zoning Supcrvlsor Assistant 2oning Supervisor AsstsCart Planner Planning Con~misslon Secrr.tary PLEDGE OF - Cammissioner Tolar led in the Pledge of Ailegiai~ce t~ thc Flao of the A!LECIANCE United States oF ~,martca, APPaOVAL OF - Cortmissioner King offerect a motion~ secor~le:d by Commissloner Mor~ey and THE MINUTES MOTION CARRIED (Commissioner 7olar being absent)~ tha trthe minutes of the Joint An~he(rn C(ty Flanning Commisston and Comm~ni , Redevelopment Cammission Work S~ssion held on February 18, 197~~ be dPproved a~ a summary~ only, of' the items dlscussed anci not as actual minutes of the me~t(ng since thE~ Planning Commissien discussion was not indicat~d In sa~id minutes. (NQTF• Th{; t;:.m was cun~:id°rw~{ ~,r thP ~nd o~ the meeting.~ Commisstoner Y.ing off~ered a~notfo~. seconded by Comnissian~r• Morley and i10T10N CARRIED (Commissioner .lohnson abstaining sin ce h~ was not present at the rneeting in question)~ that the minut~s of the AdJ~urned Regular Meeting of the Pla;~ning Commission held on February 24, i916~ be and hereby are approved~ as submitted. Commissioner Nerbs~ ~ffered a motion~ seconded by Commissloner Juhnson and MOTI~t~ CAftRIED~ thar the minut~s nf the Regula r planning C~mmission Meeting held on March 1~ 1976, be and hereby are ~pproved~ as submitted. VARIANCE N~. 27t~5 - CQNTIt~UEU PUBLIC IiEARING~ EVAN A. JOIiPlSON~ JR. ~ et at ~ c/o „ack J. R?mel~ +055 North Main~ SuitP 406~ Santa Ana, Ca. 927~1 ~~+ner); R. 9. STOCh'4JEl.L. Community Bank~ 2955 Fletcher Drive~ Los Ang~les, Ca. 9~~65 (Agent); ~'equesting WpIVER OF PEi~MITTED USES~ TO CON~TRUC T A SAYK on property described as an irregularly-shaped parcel o~ land cnnsisting of app roximately 1,5 aGres having a frontage of approxlmately 225 feet on the east side of 5 ta te College 9oulev~rdr havirsg a maxirr~~m depth of anproximately 325 feet, and be1^9resentld classtf edeML ~1~ fect narth of tF:e centerline of Katella Avenue. Prop~rt/ p Y (INDUSTRIAL, LIMI7ED) ZONC. The subJect petition was continued f~om the Planninc~ Commissio~. meeting of Decemb~r 22. 1975~ for readvertisrment to include additional property and for ~c vised plans. It wa~ noted that the petitfoner wa:; req~e~ting an additto.~,~1 two-wec~. contlnuance and had indlcated he was currently neaotiatir~g with the Engtneering staff ~egarding s(te davelopment problem3. Commtssio~er King offnrecl a cn~tion, seconded by Commissio~e~ 9arnes and MOTION CARRIED, that the Anahcim ~ity Planning Commission ~!nes hereby continue th e pu~lic hearing and consideration of Petitlan for Variance Nu. '=765 to the Pianning Commissiors meeting of March 29. 19'1G, as requested by the petttioner. 76-110 ~ ~ MINUTES, CITY PI.ANNINf; COMMISSION. March 15, 1~76 76-111 VARIANCE N0. 277~ - C~NTINIIF.n PUBLiC tiEARING. NICKLOS URSINI~ 1334 Nnrth Fadonla Avenue~ 4lhlttlcr, Ca. 9~~~3 ~~ner); PEGGY NUFFMAN, 110E3 Fast Cherry 5tre::t~ Sante Ane~ Ca. 927~1 (Agent); requesting W111VER OF PERMIT7ED USES~ 70 ESTABLISN A M/1SSP,G~~ S~UNl1 AMD HCALTH CLUB on propnrky described ~s a rectrn~ulerlY- sha~cd pArcel of `and consisting of epprax!matel~~ one ecro having a f~ontage of approxl- mately 15q feet ~n the n~rth slde of Katella Avenuo~ h~ving a maxlmum depth of approxl- mately iQ~ fnet, heln~ locete~l appr~ximately 83~~ feet ~ast ot the cnnterlln~ o~ Fiarbnr Buulevard~ and furrher deacrlbed ns 40) West Katella Avenuc. Property presently classi- fle<) R5-A-43~00~ (RESIDF.~~Tl.4t /At;RIf,UI.TURAI.) ZONk. The sub]ect petition was continuod from the Planning Commisslon meeting of February 2~ 1976. at tha ~~ayuest af the potitlasier and in order for the pet~tlor.er's attornry to be prese~t. No one Indicated thelr presence ln opposition to s~bJect petltlon. Although the Staff Report to the Planning Commtssion date~ h~arch 15~ 1976~ wos nat r~ad at the publlc hearing~ said Staff Report Is ~efcrred to and mede a part of the minutes. Mr. Robe~~t W. Briggs~ 55~ ~ast Cliapman~ Orange~ repr~senting *he ~gent far the pet(t~aner~ appearad before the Planning Comnlssion and stated the Oriental sauna snd mASSage had heen in operatlon at the subJe~t locatlon for approximately 11 years and had a gc~od reputatlon In thc community; that tl~e recent legel problem at the subJect establishment was resolved iii favor of th~ dNners and no other lcgal action was pending; that resolution oF the recent leclal acticm arcave~i the go~d reputatfon of the establlshment; thet hacl the subJ~:.t varlance haen appllecl for prlor to sald legal actlon. he dld n~t feel [I~Fra would havo been any qucstlon regArding the ,.:,~utatton of the os:abll~hment; and that the peLStlan~+r was agreeable tca the condiYions requiring installatlon of street lightlnc~~ atc., as set forl•I~ tn the 5taff R:port. hSr, arlggs reiteT•atad that since the business was allawed to ~ontinue slnce 1^~~5 as an oversight•. and witl~~>ut any problems wha~~~::ver arising~ tha* It would only be equltable tor the Pla~ining C~mmission to granC the sub.ject varlance. T-{~ pURL~C HEARING WAS CLOSED. Chairman Farano noted [hat ln orc!~.r fur thr, Planning Cammission to grant a varlance, certaln findinqs were required to be made, being 1) that there are exceptional or extraordinary circu ;~s~es o~ ~onditlon~ applicable Co the property involved or tu the intonded use of the Nioperty that do not appiY generally to the propsrty or class of use in the same vicintty :.nd zone~ 7.) that the requeP~~d ~;qhann SsessedGbssothsr~pro1~erty (n preservatlon and en,joyment oT a sut_~antlal -p• Y y the samc vicintty and zone and denied to the ~roperty in ~, ~stlon~ and ~) tnat the reo,uesta. variance will not be materlally detrimental to the publtc welfare or inJuri~us tn the property or improvements In such vicinity and zone in wh(Gh the property is located. In re~ponse, Mr. Brlqgs stated there we re approxlmately 48 other r-~ssage parlors in the county and a number o` them were in Rnahaim. He relterated his previous stat~~ments regarding th~ reputati~n .3nd existence of the establishrtwnt during the past 11 years. Chairman Farano Inqui~•ed if the prtitioner was ~aware of any other maasage parlars in the `ity withtn the C-R Zone and enJoying a similar variance. Hc noted that the Flanning Comntsston could not make r_omparison with establishmcnts located autside of the City of Anahetm. Mr. Briggs responded that he did not have the kind of infarn~atic being referrad to uy Chairman F~rano~ and stated he would provide such information if he were given some time to gather it. Chairman Farano noted that a profile h~d been provicled to the Planning Ccmnission by the poltca Daparcment in~.ilcating approximately six complaint items agai~st the esCabllshment durl~g the pas~ two and one-half yea~s~ that satd campiaints raised some qup~tions as to whether or not the establishmer, enJayed a good reputatfon; I~owever~ the Planning ~ortnni3slon wes concerned with the issue of land use and the ability to make the required findings for t`~e g~~nttng of the variance; and that~ ln his own ml~d~ there were some qu~stions as to whether or not the subJect use was proper at the sub,ject location. peputy Ctty Attorney Frank Lowry actvised that the .oning c~irrently on r.he land was agricultural an~ at the C-R zoni y had never been compieted. Commissioner iolar noted tliat th~ approval of Variance f~o. 1314 0~ the sub)ect pro;~erty hEd been verv braa~F affertn~ a wide ~.artety nf uses~ and he would questlon the need for addiiiarai uses in order xhat the cwmer mlg~t enJoy benefits from use of the property. ~ 1~ ~ MI NU7ES ~ C I'iY PL11NN1 NG COMMI SS I ON ~ Merch 15 r 1976 )G•• 1 12 VARIANCE N0. ~73 (Gontlnuod) Mr. Prl~gs stated that the applicant~ Mr~. Huffm~n~ was not the owner of Cha property but was the awner of the masse~e p++rlor i,usinese anci ~qulprnent; thAt thn maes++qe buslne~s was the only nwde Mrs. Nuffman had for ~ier support and that of her chilciren; that the ~wner could probably loaae tl'~~ prnperty ~s ar, ORF~:.c b~!11dtn~ and wnulc! not suffe~ e hardshlp; howover. a hHrclship woulcl b~ created for the appli:anr. who had an established business at thls locaelon. Gommi~sloner Tol~r thon noted Chat the subJe se was establishe~: on the property illegally through A lease anci~ the~refore~ the lessee and lessor hno crrsatad the ~roblem; th~+t tha appllcant might have ~ome roc~ur~se a~alns+: the propertti~ ~wn ~• w1r.h respect tn thR use which was not permitted under the va-•lance that presently exlsted ori the property; that he woul~i not vote to expand the scapc of the uses presen,'~ permttted on the pro~erty; and •'~ he felt ~tranglY that r.he reputntlon oP the busine~s was lmmaterial to the grantl~~q o~ ns s~lh~ect pcstition, ~4r. Briggs stateci that the appllcant hrct obtalned her business licen~~ from the Clty of Anahelm over a nrrtod of 11 years gnd had been aYlowed to remain tn bus~ness durlno that tlrne; whereupon, ~•ir. Lowry ~dvlsed th~t the business ltcense was for rcvenue to th~ City and did not spnctfy or apprnve la~~d use~ and was not a regulatory Pu~ction for land use. Commissloner Tal~r made an observat(~n that since the a•nlicant had been In b~.~sin~ss for ~ sizable pcriad of time~ it ~r~, ld ~ppe~r that perhaps the equlty would be balenced. Mr. Brtggs reiterated th3t ~r~ce t-ie business hacf been allowed to rem3lr. In the Clty and had a good reputation~ it should be allowe~ :~ conttnue. Conxnlssloner Morley noted !hat ~pproval of the subjac! aetition woul~ seY an undesirable precedent fc~r future similar reryuests In the C-K Z~ne. Commissi~^ar Herbst concurred~ nating that he would not want to advance the subject type use into the C-R Zone and~ espocial~y~ arounc: the Cisneyland ~rca. ~; wa; noteci Cliat the DlrPCtor of the Planning Dep~rtment had determined that the proposad activ!ty ~e11 'r~ithin the definition nf Sect(oi~ 3.Q1~ Ciass 1~ of the City of An~helm Guidelines to the Requtrements Pr~r an ~~vironmental Impact Qeport ana w~S, ther•efore~ catee+orically exempt from the requirement to fils ars EiR. Commissionar Herbst offered Resolutlon Nc~a PC76-45 and moved for its passage and adoption, that the Anaheim City Pianning Canmission does hereby deny Petition for Varlance Nn. 2773~ on the basi~ th-:t thc use was tlle9ally established In the G-R Influ~nced area anu' should not be ptrmtt:ed Co contlnue slnce the variance for the use w~Uld run wOc~~~ the land a:~d would set an undesirable precedent for future simila~ requests In the C-R Zone; that ~ho uses grante<1 for the sub]ect prop~rty under Vart~rsce No. 131~ were broad en~ugh to proviut ad~ant:.~eous use of the property and were broader than those generatly per^~itted ln the surrounding area. (See Resolution Book) On roll call~ Lhe foreg~ing resolutton was p~ssed by the failowing vote: P,YES: ~OMMISSIQ ERS: BARNES~ HERSST~ JOHN50N~ KING~ MORLE`!~ TOLRF~ FARANO NOES: COMMI ~SI~)NERS: NONE ABSEPiT~ ~CAMMISSi7NER.S: N~ME yqR~qNCE N0. 27R1 - CONTI~lUED PUBIIC HEARING. WILLIS b1ALKER~ 41~- North PF:ladelphie Straet~ Analieim~ fa. 92aQ5 (Owne~); C. M. WiLKS~ 513 Par4wood Street~ Anaheim, Ca. 92a~1 (Agent); requesting WAIVEP~ bF (A) MINIMUM FLOOR AREA, (B) MINIMUFI YARD DEPTH AND (C) MINIMUM Rk~U1RED FARKING~ TO CONSTRUCT A THREE-UNIT A?ARTMENT BUILDING on prope~~•y described as a rectangularly- shaped pa~:el af iand co+~sisting of approximately U.l acre ha~ing a frontage of approxiMatety 45 feet on the east side of Philadelphia Str~at~ having a maxlmum depth or approximately 120 feet. bein4 located approxirtwtely 135 feet south oi the c~nter- ~ine of 5Ycamors Streety and further descrlbed as 418 Nor+h philadelphia Street. PraNa;:y presently ~lassifted P,l~-120Q (RESIDENTIAL~ MULTIPLE~FAMILY) ZONE. 1~86gufor~theesubmittalsAf revised pl~+ns,hand,fromnthe~ eetingnofeMarch lf 1976u~at the request of the petstioner. Three persons indicated their presence tn opp~+sition to the subJect Qatition. It was notad th~t the petit~oner ha<; submitted a written request for withd~awal o'F the subJeet variance. Commissioner King offered a r;^tio~~ seconded by Commissioner Herbst and MOTIQN CARROED~ that the Anahelm CicY Planntnn Commtsston does hernby tE~minate all proceedtngs in co~nection wi*.h Petietun for V+~rtance No. 2791~ as requested by the petit!oner. ~ ~ MINUTES~ CITY PLANNINC COMMISSION~ Mar~h 15~ ly%6 76-113 ENVIRANMEI~TAI. IM!'ACT - PUDLIC NLIIRING. ANAHEIM HILLS~ INC.~ 3~~ Anahn~m tillls Ror.d~ THE 91~L0411N COMf'ANY'~ 16811 Hble f~~er) ~?~ o~nnnT ~;n. 1(,~ '~`-" ; 7 i11~NMVl~, Ca. ^: I~vine~ Ca. ~27t15 (Agent). rrapercy du~~~tb~~ =`- An Avenue REClASS1FiCAT11N , irre~ularly-shnped parcal af land conststing of appr~aximately rai:imar~~y 1l)'15 fect on the f a f N~). 7. •7G-27. ~ pp rontagcs o 9z acres having a suuth and wogt stdcs of Nohl aanch Rot+d~ and befnc~ located VARIANCF. N~~. 2779 ~pproximately one-I~alf m'le aasterly oP the centerlina of rescntly classiflnd RS-A-43~OOQ(SC) er: P d y p r: ~ . AnahAim N~lis Roa TI;R L-SCEt1) C CORRI D~R VERLAY) ZUNE. I! i ~ AL/AGRI CU. (RFS I DF CONDIT Ior~AL usE . . PE~ R111T Nf1. I6!12 """ REQUESTEb CLASSIFICATIG~l: PQRTIUN 11 - R5~5~~h(SC) (RESIDENTIA~.~ C CORRIDOR ov~RLAY) SINGLE-FAMILY-SCENI TE~ITATIVE MAP OF TRACT N~S. 9~12~ ZONE. g?.13 ~ 9z ~ u n~+~ 9~15 REQUESTED UARIANCF.: PORTIONS 11 AND B~• w'f,iV[R OF (A} MINIMUM GLE- - i.OT NIDTN ANp (9) REQUIRFMENT THAT SIN FAMILY LOTS REAR-ON ARTERIAL HIGHWAYS. TO RS-~000(SC1 T ~ ESTABLISH A 214-1OT~ 21A-UNI SUBDIVISIQ~I. REQUESTED CONDITIONAL USE: PQRTIO~~S A AND 8- PERP1!T A 6••':41T MODEL HOME COMPLEX. TENTATtVE '~RACT RE.QUE~'TS~ uisiproposedifor r ''' t `FR D L l l ty ct ~~ Pe SubJe 9110a Ca no~ Mar San subdtvlsion fl5 fol'~ws: Tract N~. 9212 - 5~ RS-5000(SC) lots Tract No. 9a13 -~t~ RS-500Q(SCj l~ts Tract No. 921+i - 46 RS-5b00(~C} lots Tract Ne. 9215 ~ 50 flS-50Q0(SC) lots Mr, James Baldwin~ represr.nting the agent for Lhe petitioner~ appeared bef`ore thc Planning Commisslon to present the proposal. Cha~rme,n Farano noted that same time ago the City ~:ouncil, Pianning Commission and repre- sentatives of Anahelm Hills. Inc.~ had discussed tt~e feasibillty of areparing topographlc modals for development which requlred a substantla' amount of grading, the moc~els being to deplct the form of the land following grading; tha+. Mr. Jo`~n Mtllick~ representing Anaheim Hills, inc.. had indtcated the model~ were a good tdea ana were th ~ best means of deptcting t~ ';he Planning Comm~ssion and ~~thers concerned wlLh the developmer! the ov~rall effect -:n the land fra~n grading; that the: ~rading for the p~oposed cracts was in excess ~rt one million cubic yards and the sketches and cross-aections shown in the environmental impact r~eport document did not adequately portray the overall effect from the grading; that Mr. Millick h~ presented three-dlmen~to;~ model~ tor examples of what generally could be prepare~~ :o show the grading effects and had indicated the models were not too expensive and tha*_ they would be willing to p~~epare them for future praJects; that it appeared m~st of the appl{cations presented si~~ce the discussion o~as held co~~cerning Che models tnvolved minimal am~unts of grading, h~ ~ever~ the Planning ~ommission had ~at forgotten that models were considered desira~le by all concerned; that the Planning Comnission wa~ted to revlew madels showing the ~lrvations of the land befo~e and after the gradiny and to a scale whiGh would show the rearrangement of the d:rt. Commissioner Tolar noted hat he did n~t wish to maFe a decisioi~ on the subJect proJe~t until he could review the topographic models; however, if he were Co rtsake a decision presGntly it would be nenative since he would not know the effects of grading; and that this pro]ect involved more gra~:t~~ rhan 3ny other proJect in Che subJect area. Commissioner Garnes ~oted that th~ topographic m~dels were at tha suggestion of Mr, Milllck (n the splric of cooperarion with the Canyon Area General P1annOr~g Task Force to indtcate any substantial removal of dlrt. Thereupon, Mr. i3aldwtn stated rhPy ~-+ere purchasi~g the subJect property fram Anaheim Hills~ Inc., for develc~pment and they had not been apprised cf the need for topographic models; naw~.ver, the t~rtative maps hod contour lines which may be difficult ~o~ rovide Planning Commission te understanu In depth and he would~ therefora, be happy p the models; .ind that ~he propos~d gra~~ing would be at about one-half tt~e rate of the grading that had besn conducted for the exlsting developments in i'~e Anahe(m f1111s area. He °urth~r stated they would respectfutly req~sst a two-week continuance in order to provide the modeis as dtscussed. ~ ~ MINlITES~ CITY pLANNING COnMISS10N~ March I5~ 1976 76w~~y Et~VIRONMENTAI IMPACT REPORT N0. 166~ RECL~~SIFIf.A~iION N0. 75'76-22, V1IRIANCF. N0. 2779~ CONOITIONAL USE PERMIT N0. 1602 AND T~NT'ATIVE MAP 0~' TRACT NOS. 9212_ . 921~. 9z1~i AND_9215 Chalrman Farano note~l thAt lhere had been somn deg~en nf dtssatjsfactlon with thn grading thak hAd aireAdy taken N~.;c~ ir thc h1 ~i nn~i ce~~yun area. Commissloner Hnrbst no~dd th~t he wou1J l ike to sac ~omc Ir~teqratton up~vrrde fr~~n thn ft5- S(1(10 to thc RS-1~~AQA Zone devrlopment • tanciards for th~r ~~lect ~racts. Commissloner Tolr~r offerecl a motlon~ ~c~on~ecl by Commtssionor Johnaon And MOT10~~ CARRIED~ that thrs Ansheim Gtty Planning Commi ~s(or~ :.'~es herehy r,ontinue tha publtc heArir~g and consl~leration of the subJect it~~ms r~~ the Planninq ~.ommission meeting df March 29~ 197b~ p~ursuent to the foregotng .Ilscusal~- • Chflirman Far~no suggested tha; a wrttCen policy be prepared setting forth the req~~lremenC for the to~~ngr^~hic models (three^dimensior~ dlsplays) to be tendered as pbet~ f~~stedbofg for proposa'.4 ~Ivliig extensive grAding; and that ~\nahelm Hllls, Inc.~ pp sald policy. Discusslan pursued ciurin~ which Deputy City Attorney Frank l.owry advisecl that Lhe Grsding Ordtnance provtded that the Planning Commtssion may ~equfre other dtsplays as nesded to portray the proposals an~l he noted that the subject propo;al was probably more extensive than ather proJects encountered in the ~~~~~G Mmanual foruPlanningVCommlssion~he City st~+ff was ln the process of preparing a p y conslderatton and approvai. Commissloner Tolar noted that he dld not feel It was the intent of the Planntng Commission to requlre a topographic modcl for small parc~~ls. He suggested that the nadasls be rnquired where 25~ cubic yar~s or more of dirt was betnc~ movcd and Commissioner Iferbst sugges~~^~I th-.~t the 25~ cubic yards be applled tu an area of approximately three acr•es. Mr. Lowry auvised tl~at the City sr.aff would study the amc~unt of grading vs. acreage involved for ~ policy ~n the m~tter which would be submltted for Planning Commission consider~tlon an~i approval. VARIANC~ NC. 2785 - PUBLIC IIEARING. JOHN F. SEYMOUR, JR., 1205 South Euclld ~treeC~ Anaheim, Ca. 92~~1 (~ner); G. J. GRO55~~ 1205 South Euclid Street, Anahetm, Ca, 92Rb1 (~gent); requestin; WAIVER OF MINIMUM SIDE YRftD SETBACK~ 70 PERMIT AN U~ILAWFUI.LY°CONSTRUCTED Rt70Fi ADD!"flQN ~n property descr?bed as a rectanguiarly-shaped parcel of lan.~ consisting of approximately 0.2 acre having a frontage of approxlmately I~ feet on the north side of Mlnerva Avenue~ having a maxlmum death of appruximately 125 feet~ being located approxirnately 70 feet east of the cPnter- line of [n~pir~ Strect~ anci further described as 20~-3 F~inerva Avenue. Property presently classified R~-7200 (RESID~t~TIAL~ SINGLF-FAMILY) ZONE. No one lndlcated their presence ln opposttion to sub)ect petitio,; Although the Staff Repart to the Planning Commtssion dated March 15~ 197~~ was nox read at the public hearing, said Staff Report Is referr~d to ar~d made a part of the minutes. Mr. Gerald Grossc.~ the agent for the petitioner~ appeared before the 'lanning Commission and stated he had purchased the subJect properry for Seymour Realty F~om people who were teaving to go ta Oregon; that prior to purchasi~g the property he had looked it over and dlscussed the room additton wit;: tne City Buildi~g 0lvision who ~ot°:d ~hat s~i~' addition had al) of the necessary ingredfents~ however, it wa~ constructe~ too c1o~, t~ the east prop~rty line; that the property, as construcr.ed, was not det~•tn~ental to the ~~eighbonc~od; that Lhe Seymour Realty prssently had a purchaser for the prope.rty ano befcrre the escrow cauld close a varlance was needad to make the room addition legal. Commlex9a~e~• Tolar inquired if Tolar Rea1*_y wa~ the s~iling broker for +.he subJect property~ and Mr. f,raaso replied in tihe affirmative. Thereupon, Commis~ioner Tolar noted that he had a confltct of interest c~s defined by the Anaheim Municipal Code Section 1~1.40'1 anc~ Gove~nment Code Se:tion 36~25, et ~~q.. in that he was the selling broker far the subJect property; that pursuant to the pr<,~isions of t~~e above ref~renced codes~ he w~s nereby declertng to the Chatrman thac Il~• WH3 Nithdr~rtng from YfIP hearina !n connectlon wi'h Httition far Variance '+o. 2785 (Item t~o, 5 of the Plann~ng Commission agenda) and would not take part !n ~ither th~ discussion or the voting there~r~; and that he ~iad not d[scussed the matt.:r witl~ any rxmber of the Pl~nning Commtssion. THEREUP4N~ CAMNI SS IONER TOLAR LEFT Ti+' ~qUt~C I L CHAr"3ER AT 2:05 P.M. TNF PUBIIC HEARING "AS ~=' ~~• ~ ~ MINUTES~ CITY PLANNING COMMISSION~ March 15, 1~16 7E->>> 4'ARIRNCE N0. 2785 (:onttnued) ;;; ~:.~~nse to ~uestlonin,y by Commisslonrr Joh~nson, Mr, Grasso stated that thc prevlous pr~perty amer had purchasec~ cnC N+'c;.~rtY ~~ Its rxlsting conditlon and had lived there 'hl'4E yeAr4. Commissloner Klnq notad that ha un~lerstood tha City ~ad recelved r~~, complAlnts 1~ the pn4t in cornectlon with the subje~t room additlon r,nd a hardship wc~uld bc ~.reatnd if the veriance were not g-'anted. In responsE to quast~oninQ by Commtasloner . rbst~ Deputy City Attorney Frank lowry advlsed that the subJeGt roc~m additlon may have been constructed prior to annexatio~~ hewever, Staff had no defintt~ ~~n~wer In that renard: and that the raom addiclon was probably constructecl to County bulldiny and sfte developmant standarJs at that tlme. Commissloner Morley not:ed that the raom addition was for family usc and nnt for busfnesss purpnse.~ . It was noted that the Director of the Planning Department had determined that the proposed activity fell withln the definltion of Section 3.01~ Class 1~ of th~• City of Anahelm Gutdelinzs to the Requlrements for an Environmentel Impact Rep~rr ~d was~ therefore~ cate9orically exempt from the requlrement to flle an EIR. Commissloner Kln!q offered Resolution No. PC7f>-~~6 and moved f; Its passage a~d adoptlon~ that tha Anaheim Clty Planning Commission dces hereby granr etition for Variance No. 2785 on the basis of the foregoing findings~ subject tu tl~ condition that plans shall be submltted to ch~ Butlding Oivision showi~sg compllance wi ~ the minimum standards of the City of AnAhetm, includinn the Uniform Builc~iny~ Plumbi i~ Elec:trical~ Housiny, Mechanical and Flre Codes, as adopted by the City of Anaheim, witF the appropriate permlts to bs obtatn~~1 fc,r any necessary work; and that the subJect property shall be developed suhsc~,ntlaliy ir accordance with plans and sp~cificalions or~ file wtth the Cirv of Anaheim marked Exhibit ~lo. 1. (Sec Resolution gook} On roll call~ the foregoing resolution was passed by the following vote: AYES: COMMISSIQNERS: BARNE.S, HERHST~ .IUHNSt~N. KIt~G~ MORLEY~ FARANO NQES : COMtd15S I ONERS : NOi~E AASFMT: COMNiI5SI0NER5: TQLA~ COMMISSIO~lER TOLAR RETURNED TO 7HE COUNCIL CHAMBER AT 2:15 P.M. 1fARIANCE N0. 27~i6 - PU9l.lC HEARING. WILLIAM V. BOUl.7ER~ 75~-) ~ast Paseo Laredo~ Anaheim~ """"'"-'-'-- Ca. 92807 (Owner); requesting WAiVER OF MAXIMUM FENCE HEIGHT, TO CONSTRIICT A BLOCK WALL on property described as an irregularly-shaped parcel of tand consEsting of approxiniately 0.2 acre located at the nortt~east corner of Pasec Laredo and Avenida Rio Bravo, having app~oximate frortages of 102 fect un the ~ast side of Avenida Rlo Bravo and 55 feet nn the north side of Paseo Laredo~ and furthnr described as ?5~+~ ~ast Pgseo LarPdo. Property presently classified RS-72~~ (RE5IDENTiAL, SINGLE-FAr~ILY) zorfE. No one indicace~ their presence in opposition to subJect patitlon. Although the Staff Report to the ?l~~~ning Co~rmission dated 4arch 15, 1976- was not read at thP public hearing, said Staff Report is referred to and made a par~ ~f the minutes. Mrs. Kert "uulter~ the petitioner~ app~ared before the Plan~,ing Commission anc~ stated the prupo~ ~i block wall was to keep her children and pet inside her yard; and that th~ey were not advised a~ the ttme of pur4hasing their home that ttiey wouid n!t be able to have a 6- foot wall to e~close their side yard from the street. TNE PU6LIC HEARINr, WAS CLOSED. !n response to quest~oning by Commissioner Barnes~ Mrs. Bo~lter stated her neighbors ware in favor of ihe aaal! for the protection of the children. Mrs. Boulter further statod she had Cwo-year-old twins and was expec*in9 another addition to the family in the ver•.~ near future. It wa3 ~oted *.hat the Oirector af the Planning Oepartment had determl~ed that the proposed aci~vl~y feil wir.hin the definition of Sectlon 3•d~~ ~~gss 3. of the Ci'~ tif Anahelm Gutd~llnes to the Require~ncnts f~+r an Er~vironmental im~act Report and was. therefore~ cat~agorlcaily exempt from thc requirement to file ar ~• ~ ~ ~11NUTES. LITY PLANNING COMM~SSION~ March 15~ 197b 76-liG VARlANCE Nq. 2786 (Continued) ~_~ Cammlsstoner Morley offere~! Resolut(on No. PC76~47 ^snd^rrbvc~~Aritinn forgVarlenceeN~pt~7A6 that the Anohelm City Planning Cumr~ission .~..~:, ~•...~,, y~-~ on the basis thr+t the petltloner demonstrate~- t~iat n hardshlp would be createcl if said verlance werc not granted~ Che hardshlp being thc detrlment tn the peACC~ health, safety and qeneral welfHre ~f che cltizens of the Clty oP Anahelm; •~b]ect to the InCerdepartmental Committee recortmendat~ons. (Sae itesolution liaok) On roll call~ the `oregoing resolutlon was pasged by the following vote: AYCS : COM~1) SS I oNEa~ : BARNES ~ NERBST, JoNNSON ~ KI MG~ MORLf.Y. ToLAR ~ FARA~lQ NOES: CAMMiSSIONF.RS: NONE AH5ENT: f.OMMISSIQNERS: NONE VARIANCE N0. 27~7 ~ PUBLIC ~~EARING. FRANK W. ~~ORENO~ 1408 East Burton Strcet~ Anahelin~ Ca~ 9z~~5 ~f1~+~er); PAUL A. WArCR~AN~ 2942 East Chapman i~venue~ Orange, Ca. 92b69 (Agert); rcquesking WAIVER 0~ (A) M~NIMUM SIDE YARD SE7BACK I1ND (B) MINIMUM REAR YARD SETHACK~ TO f.ONSTRtiCT .A BFDR~OM ADGITION ON property describec.i as a rectangularly-shaped parc~el of land co~sisting of approximat~ly 8A6G square fePt having ~~ frontage of approxlmately 7~i feet on thc south side nf Burton Strect~ h~vinr, a maxtmum depth of approximately 115 feet~ bctng located approxlmatcly 815 feet wcst of the centerline of i+ca4ia ~tr~~t. and further des~rtbe~ a; 1~i0R East Hurton Strset. Property present~y classiFi~d RS-A~<<;,OJO (kESIDENTIAL/AGRI!:t1LTURAL) ZONE. No ~nP 'sndicateci their presence in opposition to subJect petitioi~. AItF~~ugh the Staff Rspo~ts~°ffhReportnis~referredito andemaderahp~+rt of7theWminutesread at the public hearlnc~, Mr. Paul A. 4laterman~ the agent for the petltioner~ appeared before the Planning Commission and stated the watver was being requesteci in order to make the subJect property equal to the neighboring properties; th~~t they harl not had much time. to r~view tl~e Interdepartmental Committee recummendations wh(ch requir~d strect ltghts~ trees~ etc.; that the aubJect property was one of the last of a serles of R-1 (RS-720Q) lots on the street; that the 7-foot, 6-inch sidP yard polnte~ o~it in the Staff Report was the original sldc yard of the property and they had not been aware that It was not in confarmance with Code standa~ds; that Burton St.reet was a well-rr~aint:~tned residential street with rural charact~ristics and no street liy~~ts (which wag the destre of the neigl~borhood); that if parkway trees werc required, the exiscing landscaping up and dowr. the street would have t~ be donc: away with; that there were no sidewalks in the area with the exception of a garden apartmcnti complex dtrectly across the street from the subJect proper*_y; that they were requesting that the requiren~ents for street llghts, parkway trees and sidewalks be waived since it wauld create an undue hardship on his client from a cost standpoint, if noth(ng else. THE PUBLIC HE/141NG WA5 CLOSED. Gommissioner Herbst made an observat' m that there were several lots along Burton Street whlch were still under the RS-~-!{3~04~ 2one; that the subject propos~l would probably meet all of the standards of the RS-7x0U Zor.e a~d fo~ that reason the Pianning Commissfon should consider denial of th~ subJect variance and initiate a rezoning for the property; and ~hat the Planning Cortmsissi~n could in~ti~te the rezoning and~ therefor~~ not incur additlona) ~~°r^~~ fr.r the subJect petitioner. Deputy City Attorney Frank Lowry clarified that the requirement_ for street lighting, ~arkoiaY trees, sidewalks, etc., could not be waived by the Planning Cbmmission~ however, a recnmtnendation couid be madP for a waiver to the City Council, if desired. Office Engineer .lay Titus added that wheth°r the petitfon were for a variance or a reclassifiicatton~ the conditians for 3idewalks, etc., would st111 be appro~riate; however, if zanditlons warrantPd~ the petitioner couid write a IetCer to the City Engineer far a waivar. The Planning Commission generally concurred that the ge~,•ral requirements pertaining to the street )ic;nts, parkway trees a~id sidewalks, e~c., would be applicable to the subJec~ prop::rty evPn though ~ reclaystflcation of zoning mav be approved. Mr. Waterman stated his cltent may want tn reta(n the present zoning on the prop:rty~ but it appesrec! that in ~ny case he, would still be required to provide thc general requlrrments if he ~~~shed to expand the use of his property and woul~~ therefore, I~ave nothing to gatn from a reclassi~icaCton of the z~ninq. Conmisstoner T~lar noted that he wauld not votc: ~n favor of the subJect variance when there ~•~as a rnethod of imprAVing ~hr property under a nare app~opria*_e procedure. ~ ~ MINlJTES~ CI'fY PLANNING COMMISSI~N~ March !5~ 197~ ~G~~~~ VNRIAN~ N~• ?7~ (Continued) Comm~ssloner Herhst noted that the current. z~nli~g on tl~ subJnct prupe~~y was tha City's ;,~;~;;,g ~~n~~ ~n~ [he u.^ ~~~ ^ ~,rt~^~^ ~rnceJure to cnnble ~he expanslon c~l' thc uac ot the praparly ~aa an improper taol. It was noted that tNe Girector c+f the Planning Uepar~ment had dete~mined thAt the propo~ed actlvity fell within the dnflnitlon of Section 3.01~ Class 5~ of the Clty of Anaheim Guidelines to r.he Requlrements for ar~ Environment~l Impact ~eporl oncl was. th~refore~ categorlcally axempt from the requlrement to flle an EIR. Wnm~ssionor fierhst offorGd Rasolution t~o. PC7G-Ga 3nd moved f~r Its pa~sage and adoption~ thaC thC Anahalm City Planntng Commisslon dues hereby cleny Petftlon for Varlance No. 27a7 on the basis that rhe walvers ~aould nat be necessary If Che prop~:rky wera properly zan~•~l~ and pursu~,nt :o the ~or~goiny ~(ndings. (See Resolutlon Book) On roll call~ the foregoiny resol~tion was p~ssnci by the following vote: AYES: COMMISSIONERS: BAR~~E~~ NERBST~ ,IOf1NS0~1~ KIt~G~ MORLEY~ TOLAR~ FARANO NOES : C~~">11 SS I ON[RS : NONE ADSENT: ~JMMISSIGMER~: NONE Commissi~n~r Flerhst offered a motion~ se:conJe~ by Commissioner King and M0710N CARRIEO, that thc Anaheim City Planning Commissio~~ does hNreby inltiate ~ zening reclasslftcation of tl~e s;~bJect property and adJacant properties along Burtan Street from the RS-A°43~a00 ~...n~~ to the RS-7200 Zone. ~ RIANCE_~0. 27t~8 - FUBLIC NEAP,ING. EVERET7 H. AND ~I.MA M. MILLER~ 270 Roycroft~ Long ' ~each~ Ca 9~803 (~ners); SHEIL OIL C011PAN~~ c/o J• B. Holland, 113~ North Brookhurst Street, Anaheim~ Ca. 92~3~3 (Ayent); rec,uesting WAIVER OF PERM177ED USES, TO PERMIT AN UNLAWFIILLY-ESTABLISHED PIIOTO K~OSK ON A SERVICE STATION SITE on property descrihed as a rectangularl~~-shaped parc.el of !and consisting of approxima*ely .47 acre located at the northeast corner of 8~11 Road and Brookhurst Street~ haviny approximat•.; frontages nf 140 feet on the north side of Ball Road and 147 feet on the east side of Brookhurst Street~ and further descr~~eJ as °,5E South Bronkhurst Street. Property presently cfassifled CL (CQIIMERCIAL, LINITED) ZONE. IJo one tndic.ated thsir presence in opposition to subJect petitlon. Atthough the Staff Report to the P~anning Commission dated March 15, 1976~ was n.~t read at the public hearOn4~ sald Staff Report is referred to and mgde a part of the minut~~s. Mr. Jeff Holla;~d~ !-epresenting the agent f~r the petitioner~ appeared before the Pl:nning Cortmission and stated the subJect varfance would permit the continued use of a kiosk-type remote building to collect payment for the qasolfne and for furt' ~r uttlizatlon as a film de~~elopinr and accessary sales, retail-tyFe booth; that it was not the intention of the Sheil O11~Ccmpany to purpos~ly violate any of the zoning conditions for the property~ however, durtng the past co~~ple ~F ~:ars the film business had I~ecome directly related to the motoring public and servicF ~t(ons and carwashes, etc.; that thousands of these type booths were existing througho~ Orange County; that regarding the unlawful construction of the Al~sk, it was constructed as a pay booth for tihe gasol'~~e and had been ln existence slnce 1973 ~-hen the self-service gas station was constructed; that the primary use af the propPrty was stlll far ~he dispe.~~sing of gasoline to the motoring pu:.lic; that he felt ~t was important to dist~,~yulsh somewn~t between the self-se~v(ce concept, and a full conventional service station~ ueing that self-service stations offered only gasoline and accassory sales lines In contrast to the conventional service station which offered ~ far greater line of accessory sales and includEd labor and ser~ic:e$; that, essCntially, t~i~i were ask~ng far ihe phota sales in lleu of some of the conventional type service s•..;ton sales of accessories and repairs~ labor, etc.; and that they were not proposing a~ structural changes to tt~e kiosk but weFe proposing t~ retain the addittonal sign for Identiflcation of the f!lm service. 7!~E PUBL I C HEAR~ N~ WAS CLOSED. In resr~~nse to questlon~nc~ by Commtssioner Mo~ley, Mr, Nolland stated that presently the film stap salcs am~~:~ted to approxlmately fcur or fiv~ percent of the~t~o~a1 ~roxlmate~es at the serv(~e station site; :hat the f{lm stop sales had baen underway PP y four months; tnat they r~ad not observed that the film stop was detractin~ from th° smeoth Flow of gasoll~e cu~tomers on the site or creating other trafflc prhblems; and that they also sold cigaretteg from t'~e kic~k, ~ ~ ~ MINU'ffS, CITY PLANNlNG CQ~IMISSIOtJ~ ht~rch 15~ 1976 76-118 VARIANCE N0. 27aa (Conr,in,~ed) In rs~ponse to queskion(ny by C~mmissianer King, Mr. Holland stat~rl thay did n~t sell auto paits or accessorles at tne subJect site, but did sell fllm~ fiash UUIb3~ batterlns for camoras~ etc. Commissloner Nerbst made an ohservAtlon that the oll componies a:ways appearod to ovsrdn thelr signtng and noted that the SUF~JECC klask had sl~ng all over lt; ar~d that If tha signing had baon neatly done~ it mlght have gonG unnoticed. Ne further nuted that xhe sub]ect sic~ning was not in good tASte. Commis:~loner King disac~re:ed tl~ac +~e slgns were unattracilve and n~ted that the film stop was a convenience, ror the gasalli~e customers. Comnfssloner Mc~rley added that the slte dld not app~:ar co be oucr•,igned~ ln his ~plnion; howevar. the quesstinn was whether the film stop was an a1lr,wable secondary use and It dld not appear to be, Comnisstonnr Tolar noted that it was dlfficult to Justlfy a film st~~p as an accessory use at a servic.e station; thaC recently the Plann{ng Cammissio~ had deniPCi an autorno'.ive repair shop wlilch was totally related to gasnllne sales ~t a srrviG~~ statlon site. howevnr~ the repblr shop was llcensed and operated separatelY from +.he 5ervice statlon and~ as such, ccnstituted a second prlm~~ry use; that the ~ub)ect pettttoner was requestin,y to F-ave fi lm sales in lleu of accesso~•y items for cAra; ancf khat tF~e sale of bread and mtlk had also been p~'opose~i in tlie past as :.n acc.essory uge at a service statl~n alte. Commissioner Murley took exc-~ption~ notin~ tl+at eacli petition snould be consldered on !ts own merit. Chalrman Farano n~tecl that the sale of film was no diff~rent, in his opinion~ than other appllcations whlch had been den(~d by the Plannin~ Commission; and that If the propo:,s+l ~vere appr~ved~ then it would seem lagical that Chc petitioner wouid prvbably sce~ to ?d~'~ th~ sa~e of cameras, etc., at a later date; and that he considere~l the subJect application to be picking away at the City's ordlnance on a piecemeal basis Commissloner Herbst noted that th~ s~.bJer,t appllcation appeared to be a cormerctal use; that although there were drive-up ftlm s~oi,. existing in the City, none of them wcre oerr~~itted to ~al~ gasolj~e; and that the service stations were being protected from encroachmento ~nd should not be allowed to enci~a~h. Mr. Nc.lland stated it ~•~~s imp~~.r~anC to note ~.`•^.t the service station c•clinance was wrltien primarily for the conventtonal-type service stati~n whose operator~ were permitted to sell specifically those items outlined ss accessarles, such as tires, batteries~ etc., and to provide se~vices needed to install tl~ose items on automobile~; and thar, seli-servlce statlons :~id not t~a~ie the ability r.a prov!~e tho~e specific servlces or ta sell the item~ outltne~ in the ordinance. Chalrmfln Farano noted Yhat thc~ service station was a creation of the oil coTpanies and r,~ ur~e forced them on tt~e operatars; that if the proposal to selt film were approv~d, the Plannii~g Comnisston would probably be deluged wlth other requests for accessory sqles; tha*, the. City had managed to hold the line; however~ if otl~er accessory use; at service statlons were to oe considered favorably~ it sliould be following a change in the ordinance so that there ~~.ould be a semblance of order foi• tt. It was ~~~~ted thut the Director of the Planning Department had determined that the proposed activity fell within the defini~ion cf Secti,:n 3.01, Cluss 1, of the City of Anaheim Guidellnes to the Requirements for an Environmental ~mpact Report and was~ therefore, categorir.al~y exempt from the requirement *.o file an EIR. Commissioc~er Tolar offered Resolution No. PC76-49 and moved for its passage and adoptlon. that the Anaheim City Planning Commission aoes hereby deny Petition for Variance No. 2iB8 on the basis that the processing of film and the sale of film and photographic supplles~ ln additi~n to the service station use of the prooerty. constit.-te~ two primary ~:ses o~ a service station site and would set an undes:rable ~:t~edent for future slmilar requests. if qranted. (See Resolution Bnok) On roll call~ the foregoing resolutton was pas~~d ~-~ the rollrn~ing vote: AYES: COMMISSIO~IERS: g~°P~ES, HERBST, JOHNSpN, TOLAR~ FARANO NOES: COMMISSInN[R5: KING, MORi.EY Ia1B5ENT: COPI~IISSI~N~RS: NON[ ~ ~ 76-119 MINUTGS, CITY PLA~'' ~ COMMISSI0~1~ March 15~ 197b VAnIANCE t~0. 279~• PUULIC HEARING. J. WILLIAM BIRDSALL~ 2427 East Lincoln Avcnue~ Anohcim~ Ca. 92a~6 (Owner); BAR MALLENDER~ 195~ East Llncoln Averue~ Anaheim~ Ca. ^Z!!~6 (A~ent); roquostlnq WAIV[K OF (A) PERMITTED USES~ (B)~hfI,NIMUM ~ AND (D) MINIMUM it~~~ ~ P~QUIR~I~ NI.~MPFR OF PARKING SPACES~ (C) REQUIRED GARAGE SPACE.. SfTQ11CK~ TQ PERMIT AN UNLAWFULLY-CSTAQLISH~U PP~NTING SN(1P IN A ~INGL~-FAMILY RESIUFNCE on property d^scribed as a rectanyul~rly-stiaped ?afeet an thodno~thiside~offLlrcoln'~venue, .17 .acre h~ving a front.~~~ of approximately 1~ having ~ maximum depth of approximat~ely 100 fc i:~ being l~cated a~proxlmately 470 feet w'st of the centerllne of Sunk!st Street~ and further desc.ribed as 2427 East Lincoln Avenue. Property preseiitly cias'ifieo RS-7?QO (RESIDE"ITIAL~ SINGL[-F11MILY) ZONE. Four persons indlcated their presence in oppasition to the subJect petitlon; and~ upon questioning by Chalrman Farann~ said perscans tndic~:ted they had recelved coplea of [he S~aff Report and wou]<f, therefore~ waive tha full readiny thereof, theh~ubllchhearing~~eaidtStaf~hReportnis9ref~relftu nadenaderahpart of7theWm(nutesread at P Mr. Bc,b Mallender~ tf,e agent for the p~titioner, appeared before the Plann~ng Corxnlsslon and stated Mr, Heim, the buyer of the ,~roperty~ ~~rfshed to have a smal~ printing siturtion~ lncluding art work and resParch~ in the home at the subJect location; that there was plerty ~rogerty~~operatedaa largerrbusinessAthan,that,proposed5a~nd thatPthereUwaswnorp~evlhus P { va~lance approved on th~. property. the subject Mr, John Hetm~ 713 rast Chapman Avenue~ Fullerton~ the prospective b~~yer o` proparty. appParc:d before the Flanning C~mmission and stated he was basically in~erested in conducttn~ •aphic arZs research at the subJpct lar.ation: that he had been engaged in tha proposed type bus!ness for a number of years and it was necessary this~cllents~;ethat work tu be Flnancially suc.essful; that the Osmane~ Brothers were among the proposal was ~ one-m:~i operation with captive accounts and ro walk-fns o-' customers coming and going; that the contacts for the bustness were by telephene or pe~~onal vlsi° tation; ~hat they picked ~~p their own supplies and had a minimum of truck deliveries; th~t all o.` the equiprtient was basically ps~otographic equipment for sensl*.ized metal and there would be no heavy equipment; that they would utilize a small cutter and folder and one 10-inch by 15-in~~i ~ithographic press~ and would have an art and a camera room; an~ that~ although the basic business would be creative art work~ they would offer a reproduc- tion service to thelr custoners. Mrs. Jacquellne Bo~7, 2422 East Paradise Road~ appeared before the Planning Cc,r^~~sslon in oppositfon :~~a stated the purpose of the subJect netghbarh.od was for re~idential~ single- family ~omes; that 9ranting the subJect varlance would interfere with the residential atmosphere of r.he neighborhood and open the door for other variances a~ung Linr.oln AvPnue; that there was a possibility that the applicant wouid s~!1 *_he property Yo somehilitysof who would want to continue the operatton; that ttie use weuld increase ~~~ N~~~:. va~idalism and thefz in the r~eighborhood; that there wouid be tncreased traffic in the alley~ presenting a safety prublem for the children in the neighborh~od; that presently morc cars were parking in the alley since the wlaening of Lincoln Avenue, and the west end of the atley fed anto Paradise Road, generating more traffic on Paradise Road; Chat the nolse and vibrarions from tl~e printirg equipment was undeslrable; that, althou~h the applicant stat'e~~ tf~ere would be no heavy equipment uxilized, she knew that reproduction Equipment was nolsy; that~ although the appltcant was not proposiny to have walk-in customers presently, there could be sere late~ on; and that it appeared the parking area in back of the house was presently being used for machinery. Mr. dob Cart~~~ 2433 East Lincoln Avenue. appeared before the Placining Cortxnission and staCed he lived direct~; east of the subJect prope~ty; that because of the traffic ~oises on '_incoln Avenue~ he co~ld not hear his televls;on and his floor shook in his bedroam~ etc.~ and to brtng additional noises into the nelghbArhood and cl~~se to liis back yard would make the situ~.~ion totally unreal; that Mr. Birdsall~ the previous own~r of the subJect property~ had printing equiprt~e~t In the rarage which was used en a part-time basis; that the appiication for the varlance was to benefit the new owner; that,previously, the press~s pounded in the adJacent yards and the neighbors had trted to tolerat~ it; that it wau~d be untalr fo~ ene house in the area to have a heavy Gommercial use~ making ~t more .,fffic~lt for the uthers to enJoy residential use of their property; that~ wlth referenr:e to dis- cusslon in paragraph 5 of the Staff Report, iF the appll~cant was only g~ing co do creative In hts opinion; that the adJacent a~t work o~ the premises~ a v~riance would not be needc~t property own~rs had nothing to say about th~ prevlously conducted prtniing business ~:hich was permitted by the Busirye°s License D~vislon; that an 8-foot ~lock wall alon~ the J ~ ~ ;6-120 MINUTES~ CITY PLANNING COMMISSION~ March 1;, ~57~~ VARIANCE NQ. 2?90 (Contlnued) i~ ~.~_--.+ •;~~aaa,~ry by the C1 ty tu ml tigate the sound Impact L i nco ~ n Avnnue frontacte was l:~"1! ~ Ut'~ ~~ f;,; ;!;;, rc:,idinca~ and another htgh WA11 wc~~a~d h~ requi~~~ ~~~~g the rear of th~ properry if thc ~rtnting business was Allowed ta be continued; and tl~at the~, wesre hopefui tliat thc subJece varla~ce would be denied ir- vlew of the fact that all o~ the propertirs in the area a~long Lincoln Avenua were being danied commerctal zoning and the subJect vartarn:~ wo~ild ~iot help tho residenttal conditians. Assistant toning ~up~rvisor Altan Daum read a let*_er dateci .iAr~uary 9, 1;~76~ from Mr, anc~ Mrs. Sylvester Shannon, 2312 East Paradise Road~ wfilr.h fevored the pr~pasal, n~ting in {~~rt that "...We feel Mr. and Mrs. Neim. along with thelr sma11 b~.sinea~s, wlll ~• an a4set to our neighborhaud." Mr. Tom Maxwell~ 2~~b,y Eaat Llncoln Avenue~ t~ppeared before the Plannt~g G~mni!tgion and stated that he had lived down tha street from the subject property for a~ hhaC thetCity prevto~s pr;nting bustnc+ss exlsted nrd Fie he~d not evan kno~a~it was there; had widen~d Llncaln Avenue~ creattno anoti~er lane of CraPftc closer Co the residencPS; that~ in hls opir,ior~ the area should be retaned to commercial; th~ti he disagrecd that an A-Foo~ ;~Igh wall sh~~ld he constructed in front of the homps; thaL If the t3-~oot wa11 w2s construcked~ the rrea would be "stuck" forever~ and he frlt the properry awners wPre entitl~d to rexoning privileyes. It wa~ noted that a letter dated March 10, ly76~ was rP.c.elved from Harold A. 8astrup~ 14~i Paradise Lane~ cmposing the subJect variance. Said letter ~Na~ ~nade a part nf the record. TNE PUBLIC 41EARING WAS CLOSFD. ~n r~esponse tu questioning by Chairman Faran~, Mr. 'I~:im r~vi~wad tfie sGOpe of the prc,posed Frinting operation~ stating that he wou'd b~ ~peratfng presses wlth a maximum paper size of 17 inches and a two-color pre~s; that +he prc.tises wpre about *.he size of a dining roc~m table~ ~?proxi~~ately ?~r feet wid~e by 5 fept l~ng; and th~t ehe pres:es operaLed not unlike a sew(ng machinc sincc tl~ey were ~~ry ~'el1catF and ~ld n~~t make the bonm1n~ pr pounding so~mds . Discusslon purs~~ed concerning th~ typ~ of use p~np~sed, durin~ whbu~ Iwt~ i~sbe+3r~fE~iYtaat CLeorrML~use which was aboutntwoelevelshmore~intcnse~thanPa residential use. P Commissioner John~nn note.d tha~ he did not favor the proposed typ~ use in the s bJect area along Lincoln Ave~ue; that the fiomes In thP area were very fine; that ths g~ntl~~man who s~ake tn fa~or .~f the proposal did nat live next to the subJe~t property; and that, a1~~r.::gh L6~c~ln ltWP~~lP !~!?s h~~oming more ~nd more noisy, he did not favor piecemeal commercial uses in the a~ao. Commissioner Barnes inquired hov~ the property owners alon~ Lincaln Avcnue would feel about reclassifying all of thelr properties to commercial; wherr.upon~ Mr. Cartar stated the property owners had been before the City many times tn connect.ion with their properties and the zoninc~~ etc.; that he had communicsted wtth the :!a~or regarding the matter. but had received a le:cer stating it was unfortunate th~t the people were experiencing the problems and that the Mayor was farwarding a copy of :~is letter to the Planning Depart- ment, who ln turn had sent him a copy of the front-on stu:y involvin~ the subJect area; thati the subJect area was caught up wlth a noisy street and with the Ralph's grocery store whtc:h had large semi trucks in and out of their prape:-ty about five times a night, ~ans with sirens cominr~ down Lincoln Avenue all night loncli a.id ihat he was dra~Ning up p for a patio so that he could live in his back yard, but he was not sure he could do so with presses operating next door. Commisstoner Barnas then inq~ired ~f it was ur.animous among the property ownzrs that they wlshe~l tc rr.zane their ~roperties; whereupon~ Mr. rarter stated on~ rezoning petiti~n wou1~ be coming before the Planning Comm:ssion wlth!n a short time; tfiat if the p;operties were multiple-family zonsd~ it woul~: be different; however~ they were just grasy"na fo; helr• Mr. l'arter further stated tt~at parking was a problem because of the Ralph'~ m~rket whose customars and employees were parking on the strsat; and that the resl~ents were preaently allowed xo park In the alley behind their 6-roat high wall~ but tiie~r cars were ~ge~erally stripped, and his car was stolen once. Cormissloner Johnson nated that F~e felt the prublems r~:lating ~o tht whole area along Lincoln Avanue were &~s~a~ce1sueThe P1annPngnCortxnisslo~ gencrally~agre~d~thatethey9didgnotefavary concerntng an p ~ ~ ~ 76-1zt MINUTES, C17Y PLAKNING C~MMISSI~N~ March 15~ 1`ilb VARIANCE N0.~7.~~ (C~ntinued) M~lecem~a) commarctal ~ ctc. ~ alt''~ough it appnared that som.~ day c'~e subJer.t arna rnlAht oecomn cormu~c~~! ^~ a r^U'''8r hasls anJ ~omething fo~ Che property uwners to look furward to. Co~nmisslonor J~hnsoii affer~c! Rasolutlon No. i'C76-50 end movec' for its passage and adoption~ that the Anahelm CitY Pla~~~!~~•7 Commisslo~ does hereby deny Petition for Vs~•lance Na. 279~ on tF.e besis tha~t t-,u ~roposed uNe would creata deleterlaus effects on t~urCharrnaro,nwould gi~gle-family roaldentlal nelghb~rhood by lncreasing noiso levels; and~ set an undesirable precedent f~r fut~~re ~Imilar commerclal uses in the sub,ject area. ~See Resolutlon Dook) 0~ roll call~ th~ foregoing resolutl~n was passed by l•he follawing vote: AYES: COMMISSIONERS: l3ARtdES~ HER~ST~ JOHN50N~ KING, N'JRLEY~ T~LAR, FAR:,NO NOES: COMMISSIONERS: NONE ABSENT; COMMISSIUIJERS: NONF. The Plrnning Canmissl~n antered lnto dlscusston concerning th~ conditlans ~f approv~l ~f the Ralph's market~ noting that the deilveries hau been restricted to thc hours nf 7:00 a.m. to 10:~0 p.~».~ an~ that Staff shoul~l investlgate the matter ~nd anforce khe conditlons where approprlate, includ(ng the on-street parking situatlon. Chairman Farai~ inqulrad if the Planning Cdnrnission w~s desirous of reopening the front-on study for the subject area. Commisslaner Nerbst noted that he did not fcel anothe~' frnnt- oR study wc.~uld be Justified at this Cime sincc there were sc~ many slrllar aPeas in the City; that only so much strip coeimercial zo~~ing could be fit Intu the scheme of good plan- r,{ng and it appearad it would he many years before the sub}ec,t praperty could dewelop su~cassfully as cammorcial; that. in his ~p~nio„~ strip commercial t~ad more or less "seen its day" and had started backing off; that xhe h~xnes along Llncoln Avenue woulu pr~obably have to be torn dowri ~nd the parcels tcxr-bl~rhaodUand~also~ fferesatisfactory circulatlone impact on tlie ad}acent res(dentiai r~e~y for commerctal uses, etc.~ an~i jk would ba: difficult for anyone to spn~~~ t`c ~ney realiy needed to develop the propdrty to ~,eguate Gommercial standarus. The Planning Comnisslon genarally concurred thtlt a front-on st~•dy not be made for xhe subject area at this rime• RECESS - At 3~37 P•m•~ Chairnsan Farano declared a recess. RECOPIVE~~E - At 3~~7 P•m•~ Chairman Fararo recnnvened the meeting with ----" f.orxniGsloner Tolar being absent. COMDITIQNAL ''~E - PUBLIC NEARING. PROVIDENT MUTUA~ Li~c i:5:lPeurF r_.n,; c/o Philllps 94402 (Qwner)~ PERMIT N0. 16Q6 Petroleum Co.~ 155 Bovet Road, Suite 460~ SAn Mateo~ Ga. r F00~`1AKER~ INC.~ 4833 Fruitland Avenue~ liarnon~ Ca. 90055 (Agent); requ~e~tl~g permission r.o ESTAO~ISH A DRIVE-THROUGH R~STAURANT WITH WA111ER OF (A) MIhIMUM NIIMNER OF PARiGING 5PACES AtiD (B) MAXIMUM ACCE55 DRIVE WtDTH on property descr+bed as a rectangularly-shap~~d parccl of land consisttng of approximately .45 acre located at the sou'ti~east corner of Center Street and State Callege Boulevard~ having approximate frontages af I~tO f~at on the south side of Ce~ter Street and Centfret on che east side ofresentlC~c',jssifiedeCl.rtCOMMERCIALheLIMITED1bZq~ES c0„~ Eas~ Street. Property p Y No one indiGated thelr prasence in oppositton to suu,ject petitton. Although the Staff Report to the Planning Commissio~ dated March 15, 1976~ was not ~8ad at the pubiic hearing~ said Staff Report 1s ~efzrred to and rrwde a part oF the minuces. Mr. John McLachl~n~ represenling the agent f~.r the petitioner~ appeared before the P'an~ing Commission and d4scribed thc pra~osat~ stating that they ~ere proposing to hav~ Q^1Y ~~ tables inside the resiaurant and~ therefc+re, Lhe 20 pa~king spaces proposed sho~ld bc adequat~; tha~ c7ey would e~ree to the Interdspartmer,tal Commtttee ~•ecomteandatlon~ set forth in the Staff ReporY pertaining to dedicati~3n~ lighting. slatting af the trasc~enclo- sure area in acccrdance wjth appraved olans a:z file with the Ctty, etc.; and tha~ north driveway on Statc Colle~c 8oulevar~ was proposed to be clo~ed~ w(th a piant~r to be extended across it. 7HE PUBLI~ HEARING WAS CLOSED. ~ ~ MIR~UTE5~ C17Y ~'LAN':ING ~OMNISSION. MArch 15, 197b ~6~~Z? CON11lTIpNAL USE PERMIT N0~ 160i (Cc~tlnued) Chalrman Farano note~l that the plo~ ~'rn for the p~oJect showe~l the westcrly drlvew~y on E~~r CAnt~r Street to he closecl nn~~ the petltl~ne~ was atlreetn~ to also close the nc~rtherly drivawny on Stite f.olle,ye Bo~'levard; and Mr•. McLachlan statecf that was the Intent and tha plan tltcf i~ wltf~ thc prnposed 35'foot drivcway accoss !-incn it was t,etter tn hoid thc d~•!ve-through traffic to thc front of the proporty; and th~t the slze of th~ alnin~ ar•a~ I~~ propc~rtl~n tn thc kitchan dicl not compnre wlth a walk-up o~ sit-down restaurant. Chalrmen F~rano notcd that other simllAr type rostaur•ants ln rhP City had overflowing parning are~is durln9 peak I~ours; and khat ~'~ GompArison ~rith existing simll~r factlitles would Indicake th~t the hl required ~arking spaces wauld he considered adcqu~t.e~ flnd not 2~~ as proposed. Mr. NeLac~~lrn stated the.y did not ~nticlpate a larc~c ~~umber of walk-i~p traffic ,nd lt was his op(ninn th~~t Lhe wr~lk-up customers werr. generally pulleci t~ larper sit-doNn type r~stouran~s. Commissionar Ilerhst note<1 that the cirtve-up cust~mers often w~nted to eat c+n the premises; arvd th~~t It w~s hinhly 1(kely lh~~± the subJect locatlon would ~~lso pull a l~t of calleqo stuclents slong State Colle!~e B~ulev~rd wh~ would want tn e~t on the premises. Commissioner Morley made ~n observatlon that he could vtsu~lize the subJect propArty an)oyln~ some on-strPet p~rking prlvllaclQS, especlally if the two drlvewnys prevlously menttanPd were closed off; however~ there was still a par'<ing shortage `Qr the proJcct as propoYed. FSr. P1cLachlan stated t~at~ generally spe.~king, the proposed ratio for parking •,+as acceptable in the business an~J they ~•~re not ~lesirous of being in the positlr,n of turning customers away for lack of parkin~. In response to questioning by Commissioner Herbst~ Mr.M~Lachlan st.ited they wore proposing to hdve room t~ stack approximately six cars from the drlve-through windcwr and the cars could b~ served at approximately -i5-second intervals; that the c1ri~~eway on State Coll~ge Boulev~rd was beinq closed clue to the ~ecomnendatlon of the Trafflc EngineEr~ ~or safety raasons; that rhe petitioner was suqgestinc~ signing at the exit to prevent left tur~s out; and that the turnln~ radius on [tie prer~ises was suf,`lcient and would ~.,t be problematit. Commissfoner Herbst noted that the prupased traffic flow p:~ttern was dangerous s(nca trafflc would flow out of the property onto E~st Center Street near the corner at Stata C~ilege 6oulevard. Ne s~.~ggested that the proJect be redesigned to create a more advant:~geo~~s ex!t for the cust~mers. Mr. Mclachlan statecl they had plntte~l the proJect facin~ different directlons to take the best advantage of the ~-arking space and recognizecl that if the property were any smaller they wottl d n~t have been 7b 1 e t~ s~~bmi t a proposai on tl~e s i te. Co~.nissioner K+nq noteci that he favored having the 35-foot driveway along State C~allege Boulevard to~get the traffilc off that stree: as qutcklYctl nssto suchWaeriznon~MrraSin9er Engi~e~r Pa~~ Singer advised that he would have no abJ_ P clarifted that the proposal was to enter the property from State College Boulevard and exit on Ea5t Ce er Street. - Upo~~ further discu~sion concerning the traffic clrculation in coniiection with the proposal~ 11r, McLacnlan stated he wou:d provide ~~*.her alternatives f~r Mr. Singer'S revlew and approval. Furthor disc~ :sion pursued rega~diny the inadequacies of the proposal, during whtch Gommissianer Harbst noted that ad~~iti~na) or alternat've plot plans should be submltted for the prQposal since it appeareci ttiat mndificatlons were desirable. Chairman Farano noted that he did not favor the davlatlAn from the requir•ed number of Qarking spaces~ although the ~reJect w3uld be a substantial Improvemant to the area; ancl that it was the Pl~nning Cammission's Job to see that the City did not suffer from the inadequacles of the site, main~y with respect to insufftclent parktng. Thor~a~~pon~ t1r. McLachian consented to rcdesign the proJect~ stattng that the ~umber of insido seats would probably he reduced and that the parking would reach approximately 3~ spaces. Ne respectfully request~cl that a twa-week continu~n.e be granted for preparation ~f thc ~evised plans. ~ ~ ~ M I ~lUTf.5 ~ C I TY ~' LANN I NG GOMM I SS I QN , M,~ r~h 15, i) 7~+ Cp~lbITIO~IAI l'S~ PERMIT N0. 1G06 (Contlnucd) 76-123 Commisyt~~ner Herhst offorad n motl~n~ sGcondcd by Commissioncr Johnsan a~nd MQTI~N t:AkRIED (Commissinn~r 7ot,+r bi:~n~ Aha.~nt)t th~t the Anahetm Clty Planninq Commissian does l~Pr.by reapen tho r~ublic hcorlnc~ and cun:inuc conaldcrnt~on oi Petltlnn fnr Condltinna) Use Perm) t No. I~~~, to the P 1 ynn i n~ Comm) ssl on mc~t I nc~ of Merch 2~ ~ 197f~ ~ rs requestesd by Li~r potitloner, RfP~1RTS A~lI~ - I7E-1 N~. 1 RF.C~MMF~lDI1T i OHS .l~~nR E I R N[ GAT 1 VE DEGI.ARAT ! 0~1 - For ~ pArce I map on property located on the northwest ancl soutnwest corners oP La Palma Avenue nnd Imperial Hlghw~y. It was notod that ,r~ appl(cation had bcen filed for a parc~sl map to dlvlcle property on lhe north ancl s~uth siclos of La Paln~ Aveiiua ~~st of imperlal Highway fnto three parcele; tha~ thc portion of property lacatecl on tt~e north s~(de of La Palma Avenue was betng divided into two parcels and the thircl parcel would congist of the property locat~cl on li~e: south slde of La Palmo Avenuc; that an evaluation of the environmcntal impact of parcel maps was requlred under t`~e provislons ~f the California Environmental Quality A~t .nd th, State EIR Gulc:~l tnes; anci a$tuciy of tl~e proposed parcal mmp by the Planning Deparkment and the EnglnEaring Dlvlsion Indlcatad that there would be no stgniftcant envirunmental impoct. Commisstoncr flerbst offered a motion, se~onded ~>y Commissioner Ktng and MOTIQPI CARRIED (Commission~r 'folar betn~ ahsent)~ that the Anaheim City Planning Commfsston does hereby recc~mmend t~ th~ City Cou~cil of the Clty of Anahelm th.~+t thc subJect proJect be exempt from the requlrament to prepare an enviranmental impact report, pursuant to the provlslo~is of the Californla Environmental Quality Act. ( TEP1 N0. 2. '~'~~IT~~R E I R NEGAT I VF. DECLARAT 10~! -~'or a parce 1 rnap on property locatecf at tlie s~uthea4t corr,er of l.incoln Avenue and Ohlo S~reet. It was ~~oted that an ippliiation had been filed for a p~rcel map to divicie the subJect property into two parcels; that an evaluation of thc envlronmental impact of parcel maps was requtred unde~ the provisions of the Catifornia Envlrcyn~enta) Qualtty Act and the State EIR Guidelines; ~n~i that a stuciy of the proposed parcel map by the Planntng Departmen*, and the Engineerinct Division indicated that there would be ~io s~gnificant envlronmental imp~ci. Commtssioner Jofinson offered a motiun~ seconded by Commissio~er King anci MOTION CARRIED (Corx^~siloner Tolar being absent)~ tl~at the Anaheim Llty Pla~ining Commission does hereby recommend to the Clty Council of the City o~ Anahelm that the subJect proJect be exempt from the requirement to prepare an environmental impact report, pursuanr to the pravisions of the Californla Environmerital Qualtty Act. 1TEM N0. 3 RFRUES~~FQR EIR NEGATiVE DECI.AR~,TIOM - For a parcei map on property located east of Santa Ana Canyon R~a~ between M~F,ler Drive and Eucalyptus L~rive. It was noted that an applicatlon had been filed for a parcel ma~ to divide a 3.1 acre ~Sarcei at the sub}ect location into three one-acre m!nlmum sized lots; that an evaluatton of thc environm~ntal impact of parcel maps was required under the provisions of the California F.nvironmental Qu~~lity Act and the State cIR Guidelines; and that a study of the proposed parcel map by the I'lanning De~artment and the Engineering 0lvtsion indicated that Chore would be na sigriflcant environmental im~,ace. Commissioner Johnson offereci a motion~ secondacl by Commissioner King and MOTIUN CARRIED (Commtssioner Tolar being ~bsent)~ that the Anahelm City Planning Cnmmission does hereby r~comm~nd t~ tfie City Council of the City of Anaheim th~t the sub.je~t pra)ect be exempt from tho requtrement to prepare an enviro~smental IMp~~ct report~ pursuant t~ the provislons of the California Environmental Quality Act. ~ 0 ,6-~2~~ MINUTF.S, CITY PLANNING COMMISSIOP{~ Marc:h 15~ 197~~ ITFM Nn, ~~ R,Q FS' FOR EIR NEGA'1'IVF. O~CLA~tAi'ION - For ,a prrccl rtu+p on property lor,ated wast of Royal Oak itoacl an~1 sovtli of f,rescent. Qrlvo. It was noted that an appllcatlon h~~d been fllad ta divide a pnrcel of approx imatAly ~-.3 acres lnto fnur o~4-~cre minimum sized lots; that an evaluation af ~hc envlronmental lmpact ~f pnrccl ~neps was requlr•ed un<ier the provlslons of the Califarnta Environmental th~e1P1anning~Departmont~indl thicuEnglneeringnDivt~inn in flcoiedtthAtrthare~would bemno bY slc~n(flcant envlronmontAl lripact. Commisstoner Morley offered a motion, seconded by Commissio~er King and h1QT1 ~N CARRIED (Commis:ioner 7olar boinc~ ~~bsent)~ that tne Anah~im City Flanning Commisslo~ does hereby recommend to the City Cauncil of the Clty of Anaheim that the subJ'cgu~p~°~oe thle~provl~lons from the requlrement to ~+rapare an environmental impact report~ p of the Callfornla Environm~ntal Quallty Act. ITEM N0. 5 t Al. U~E PtRMIT N0. 1518 - Request for extenslon of ti~~e - Property consisting of ~pproximately 0.~- acres located between Topanga Drlve and Harding Avenuc~ south of Linr.oln Avenue. ic was noted that Conditional Use Permit No. 151a was granted by the Pls~nni ng Commlssiun an March 3~ 1975~ to permit ~~n infant day care and pre-school faciRity with walve rs of perml ttecl u~es 1 n requ 1 rPd yards ~ maxl mum fence he i ght ~ and r,iaxl rnum S i c~n ar ea; that al 1 of for street1wideningppurposes~hadebeenemadethanc iet hatenoiprev t1ou s e x t e n s i o n st o fe t( nethadg been granted. Commissioner King offered a moti~n~ sscondr.c~ by Commissioner Herbst and htOTION CARRIED hereby (Commisslonr;r Tnlar bein~ absent), that the Anaf~elm City Plar~ning Commission dnes grant a one-ycar cxtension of time for Condltional ~se Permit No. 151A For completion of the condl t tons ~f a~~roval , sai d extens ion af t i me to be retroact i ve to Ma ~ch 3~ 19 y6 ~ anci to expire on March 3~ r977• ITEM N~. 6 R NCG 0. 2f~92 ~ Reyuest for approval of revi sed pl ans - Prnperty consisting of approximateiy 0.~- acre loc:ced a t the northwest curner of Lincoln Avenue and Western Avenue, and further descr(bed as 3201 West Llncoln Avenue, It ~~as noted that Varlance No. 2692 was granted by the Planning Commissic n on Aa ril 14~ i975, to estatlish an ~~uto lubrlcation fac(lity with walvers of per•mitCed uses~ required tree screen and m!nimum wall hel9ht; that, aT. the time af approval, the a p pilcant indicated that only car lubricati~n would be performed on th~ site with no autQmobile repair or sals of auto p~~rts or accessories; that the revised plar~s indicated that an aciditinn consistin~ of two service bays would be construcked adJacent to the exi~*.ing Econo-Lube buildin~; thaC subsequent to approval of the subJect variance. oth~r variances liad been ~7rante<1 :~t vacT,ted ssrvice station sites in the ~L Zone for minor tune-up work as well as auto lubricatir~n; ana that the Planning CommiSSion was being requCSted to determine whether the proposed use was similar in nature and ac~reed with the int ent af the thesprooosedeexpansion?riltGwasofurther notedethat theuprop salrconformed dwlthralljCod~for requirements. Mr. Robe~t Overdevest, the applicant, appeared before th~ Planning Commis slon ~nd St~ted the ortginal proposal ltmited the scope of the L•usiness; that the subjec t slte was suttable for a tune-up f~c{1tty; that they f~ad n~t experienced any parkin g problems; an~i that the p~oposed addition would be very close to Lincoln Itvenue and can s eyuently there would be no nolse adJ~tent to tiie inside property 1 ir~es. Commissioner Herhst off~ere~t A motion~ seconded b; Comnissioner Johns~n anci MUTtO~a C/1RR1ED ZCommissioner 1'otar betng absent). that the Anaheim Clty Planning Cormis sion da-s hereby determine that the proposal t~ provide facilitles for autamobile tune-up s In additior~ t~ the aueo lubricatlon factlity, is n4t wlthin the scope of ths original a pproval of Varianca Pto. 2692 on the basls that a stip~taticn in the original approval pravtd ed tha t there would be no automab~le repalr or sale of auto parts or accessories at the s~b iect site; and~ theresfore. a public hea~ing shall be requtred for constderation af sald revisec! pta~s for expansion. ~ ~ ~ MIl~UTF.S~ CITY PLANNING CnMMISSION, March 1~. 1q7~ 76~~Z~ iTEM N0. ; VARI ICE' 10. 157.1 - Request for cl ari f f cat lr,n of permi tted uses - Pr.~E>crty c~~slstinc~ nf approximately .28 ncre lacatecf on the ~ASL sid~ of Rnahelm Boulevnrd c~nd furthc~r described as ~1~ South Anah~lm aoulova~d. Asstskant Zo~ing S u pervisar Allan Oaum revlewed thn Stnff qoport to the Planning Conmisslon detod Ma rch 15~ '976~ nocing that the subJer,t varlance wrs granted to permit sale~ ond ~ervice o f autam~bilos as an addition to an exixting fACility on thn adJacent piaperty to the no ~th and sAld p~operty ta the north had since heen rezoneci t~ CL re unsting,a deterntnatlondasetoP~h ther the proposed ~asadkcar loc wouldtbe permltted bys Q Vnrlanco No. 152~. Ma. Vlekt Deckl~am. 1926 West Ash, Fullerton. the propertY owne+r, appeared befora thn Planning Cammissio n and statod the propoxal was far a speGlalty used car lot and a permanent tralier office~ and not for a crowded car lot; and that slie di.l not own the property to the north wnich was dovelopocl with the conva~~lence market. Mr. 7om Pearson~ 7 0~ Sauth lCnntt~ appe~rod before the Planning Commission ancl stated ths trailer would not be a home-typc traller, but would serve A:~. an ~ffice~ beln~ .~nchornd on piilars ante eso~ edta theeCtt)~eof,Anahelmt~andUtheytwerePproposinc~PtogimprovenitVandPbriny and was y I t up to a h I ghe r qu~+ 1 1*yo upc ra t 1 on . Comni~sioner Y.tng notad th~t if tha propoxal w~re appraved tu include th~ traller, it would be for a one-year perioci, subJec.t to review and conside~ration for extensions of time, etc. Cha(r man Farano added that there could be no servicing or refurbishing of autamoblie.x ~~n Lh e property. Mr. P~earsan agreed to a time limitatlon and stated they would be strlctly concerned w(th sales. Camnslssl~ner He rb st noted that~ alttiough he might have no oppnsitlan to the proposal~ it did nat appear to be wtthin the ortglnal scope of the approveu variance on the property and~ therefore, t he adJacent praperty awners should be entitled to a publlc he~ring in connection w+th the change in use; and that since a trailer was invotv~d, the proposal appca:•esd to be a~ complete departur~ from the original approval• Cortmtssloner Barr.es noted that the subJec*_ property was considc rc:d as part uf a packag~ involving other p roperty which had subsaq~~~cants wereenotener.essarily being~deniedn additional publ ic hearing~ the sub,ject app anyth ing, but the proc:.~as woul d br fa ~ r to al i part i es concerned. Commissioner He r4ast offered a mt~tlon, seconded by Comnissioner 3arnes, that the Anahelm City P1anning Commission does hereby det~rmine that the proposal for a used car lot with Noe 1521;~and~rt herefore~ca public heartngtshall~be requiredrfornconsideratlonf~fasaidC~ pr~posal. On roll ca11~ th e foregoin~ motion failed by the following vote: AYES: CQPSMISS IQNERS: BARNES~ HERBSTy KING NOES : COMMI SS I ONERS: JOH~JSON, MQRLEY ~ FARAPIO ABSENT: CO~IMISS 1~1NEItS: TOLAR Commissioner Joh nsors offered a motton~ seconded by Commissioner Morley. that the Anaheim City Planreing Conmisston does her~by determine that the praposal fnr a used car iot with the use of a t ralter offtce is within the scope of the original :ipproval of Variance No. 1521 ; a~d. therefore~ the request is approved, grar.ting the use ~~f the traller office for a period of on e year~ subJect to review and consideratlon for an extension of time upon writtan requcst by the appllcant. pn ro11 c~ll, th~ foregotng motton failed by the follo~wing ~~ote: AYES: COMMISSIONERS: JONNSON, MORLFY, FARIl~~O NOES: COMMIS SIONERS: BARNES~ HER~ST, KING A95EMT: COMMISSIONERS: TOLAR The~eupon, in lieu of waiting two waeks for conslderation of the proposal by a full Commtssion~ Ms. Beckham stipulated that an appltcation would be made for a publlc hearl:~g on tha matter. ~ ~ MINU7ES. CITY PLANNING COMMiSSION~ Merch 15, 197E ITEM N0. H , ~ N ~~TAL I MPACT REPORT N0. { 70 76-126 The Steff R~port to tha Planning Commissinn datcd t~~rch 15. 197~- WAS prescnted and made a part of the ml~utes. it was noted that the subJ~ct nnvlronmental impact report was beln~ submltted !n c~nnattlon wlth the Clty of Anahelm's g~ant appllcatlon for secord-year proJects undnr the th ree-yee r Commun 1 ty Ueve 1 opmen t P 1 an wh t ch was comnenced i n I 975 under T! t. l r. I of xhr~ Housing and Communlty Develapment Act of Iry7~~; thAt said EIR did nnt apply to the speclflc pro)ects which would be constructed under the Community Development Flan; and that a revlew of tha report by the E~R Ravlew CommlLtee at Its meeting on March y. 1976~ indlcdted that It conformed to the rnquiremonts of the Clty and State EIR Guldelines and the Californla Envlronn~ental Qualtty Act. Commissloner Morley offered a motlon~ seconded Ny Comnissioner King and ~T!~havina'been (Commissl~nGr Tolar betng absent)~ that Environmental Impact Report No. 17~~ 9 cor.^iderod this date by the llnahelm CiCy Plannin~ Comnission and evldence. both wrttten end ~rai~ having been presented to supplemont satd draft EIR N~. 170~ the Planning Commission balleves thae s~id draft EIR No. 170 does confarm to the City and State Guldollnes and the State of Callfornla Envtrnn mental Quality Act ancl, based upon such information, does hereby recomme~d to the Clt~~ Councll that they cer~tify said EIR No. 170 is tn compliance with said Environmantal Quallty Ac:. ITEM N0. 9 REQU"-'- EST FOR STATUS RtPqRT ON PENDING PROJECTS (Chalrman Farano) Chairman Farano requestGd a status report on all panding projects designated by the Planning Commisslon for Staff follow-up, etc. Zoning Supervisor Annika ~antalahr.) advisGd that such a repart was forthcoming. ADJOURNMENT - There being na further busine~s to discuss, Commissiorser Barnes offered a motion~ seconded by Commi~aloner Morley and MOTION CARRIED (Commissioner Tolar being absent), Chat the rrtPeting be adJourned. The meeting adJour~ed at 5:0~ p.m. Respectfully submitted, ,~,~~.a~'.~ ' y~~~•~ ~ Patricia B. Scanlan~ S~cretary Anahetm City Planning Commisslon PBS:hm (l R C 0 MICR,1f IIMING SEAVICF, INC