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Minutes-PC 1980/08/25~.~ ,~,~ ~ ~ ~r Ctvlc Cent~r Ansheim, Callfornia augusc 25~ 1980 R~GU~AR MEETI NC OF Tt1E ANAHEI M Ci TY PL/1NNINC COMNI SS I ON ~ ~ r~~.~ REGULAR • The regu I a r mee t i ng of the Anshe i m C t ty P I snn i ng Commt at 1 on was ca 11 ~d MEETINC to o~der by Chalrnu~n Pro Tempore Busho~e at 1:35 p.m.. August 25~ 1980 in the Counell Chmml+or~ a quorum being present. PRES~NT - Chei ~man Pro Tempore: Uush~re Comrrei ss loners: Barnes, Bouas ~ Fry ~ ~ier~~t ~ King (Commissioner Kiny a~rivoJ t+t 2:4$ p.m. ABSENT • COMMISSIONERS; Tolar ALSO PRESEN7 - Rona 1 J Th4mpson Jack 41h I t~ Paul SI nger Jay Titus Anni ka Santalahti Qean Shcrer EdI ~h Narrl s Planning Ot rector AsslstAnt City Attorney Traffic Enc-in~aer Office Engineer Assist~+nt Di rector for Zoning Assistant Planner Planning Commission Secr~CAry PLEUGE OF - The P1~~~Ae of Alleglanc~ to the Fleg wss led by Commlssioner Fry. ALLEGIANCE CONTINUED ITEM: I TEM N0. 4 PUDLI C HEARI NG. OWNERS: CAST 1 LLE BUI LDERS. LTD. ~ ~~~~VE D~CLARAT I ON 1G6~ ~as t l i nco 1 n Avenue ~ Ora~ge ~ CA 92665. AGENT: ENt NE M TRACT N0. 111~$ ANACAI ENCINEE+,~HG CO.~ 222 Esst Ltncoln Avenue, R U~, V ECIt1EN TREES Meheim~ CA 92BL~5. Pr~pe~ty descr~bed as an irregularly-shaped parcei of land consisting of approxiautely 4.G acras, having a frontage af approxl+r~tely 750 fe~t on tne south sicle of Martelia l.e~e. havtng a nwxtmum dapth of approxim~tely 300 fett. and b~ing loc~ted approxfmat~ly ]20 feet aoutheast of thc ce~terline of Santa Ana Ganyon Road. Property presently classified RS-A-43,000(SC} (RESIDENTIAL/AGRICULTURAL) ZONE. TRACT R~QUEST: i0 ESTAf3LI5H A 9-IOT~ RS-N5-22~000(SC) SUB01~'ISIQN. TREE REMOY~IL .QUEST: TO REMOVE 33 SPECINEN TREES. SubJact pot~ tlon was cont i nued ~r~m thc meeti ng of August 11 ~ 1g80 at the request of the petittoner in arder Lo sJ~mit ravtsed plans. I t was noted the pet i t toner has requested an addi t i ana 1 two-week c.ont i nuance. ~~CTION: Lommisslo~~r Fry offered a nbtto~~ secondc~i by Commissioner Barnes and MOTION L~D (Carmissione~ Tolar and King batng absent), that considaratia~ of the aforemeretioned itam bo continued to t'~e regulariy-scheduled meettng of Sevteniber 8, 1~80~ at th~ request of th~ peti tioner. e.._ ~.~ e t ,,4 ~ ~ MINUTFS~ ANANEIM CITY PLANNING CpMMIs~~~N, AUGUST x5~ 19~0 ~~46g ITEM N0. 1 PUBLIC NEARING. QWt~ERS: ORANGE COUNTY TRANSIT EIR N GA VE DECLARAT~OtJ DISTRICT~ P. 0. Box 300~~ ~arden Grove~ CA 9Z642. E p M NT IIGENT; MICIIl+~:. C. MACK, MGR. OF ENGINEERING, OCTU. '~'~j R M 0. 20a2 P. 0. Box 3A05~ Garden Grovc~ CA 926k2. Petitioner -~""~'" requeats permission TO F'ERMIT A BUS FACILITY IN THE ML ZQt~E W1TIi WAIVERS OF MAXIMUM FENCE HEIGIIT on ~roperty deScrtbeci as an irregularly- ~heped percel of land consisti~g of approxlmetely 10.5 acres locatesd north and weat of the northwest ~urner of Vla Burton Street end State Callege Boulev~rd~ having Approximate frontages of 47ti feet on the north side of Vid 6urton Strect and 2Q4 feet on the west side of State Colleg~ 8oulevard~ and furthcr described as 1717 Ea~t Via Burton Street. Property presenkly classifled ML (INDUSTRIf1l~ LIMITEU) ZO~IE. SubJact petttion was car~tinue:~i from the meetings of June: 30, ana July 2Q, 1980 for further atudy and evaluatlon ~~f thc proposed use. There were four p~ersons indicatiny their p~esence (n apposltfon to sub;~80 wASUnot~read at although the skaff repart to tho Plenning Commissl~n dated August 25~ the publlc hcarinr~~ it Is rerterred to and macie e part of the minutes. Mlchael Mack, Manager af Engineartng. Orange County Translt District~ stated this operations and mair,tenance fac111ty in the City of Anaheim wos ~.onsidered by the Planning Com~+isslon on June 3~th and July 2~'~ 1980~ and wes cont(nued on both occaaions because of objections raiseJ by induscria; proPertY a+~ers in the area and addttional soils data relative to the proJect area was requestec! by the Commisslon. Ne stated the District met with tha industrial neighbors on several occaslons to describe the proposed project~ Its datly operational characteristics~ environmental impacts and also to address alternative solutions to their concerns. Mr. Mack continued ttiat on August 5~ 19~a a meeting was heid becween Ralph Clark~ Chairm~n of the District's f3o~rd of Ulrectors and the (nclustrtal nei~hbnrs wi~ich resulted in an ag~eement which resolved most of tt~~~ nu~J~r concerns~ while ~crmittin9 the Dlstrict to proceed with its vita{ly needed transit facllity In Anaheim; that s~cclficelly. both the Olstrlct ard the representatlves of nelghboring businesses wouid recommend that all buses cntering or exi ting the s f te wi l l usc State Col tege Eloulevard and al l automobi le traff ic gcnerated by the pro}ect would us~ Via Burton; that traffic generated by the proJect on State College Boulevard and Via Burton has virtually no impact on t'he standard morning and eventny peak pertods because the Dlstrict's peak pe~iods of operatio~ do not co(ncide with the stan~ard peak periods. Additionally~ the City Traffic Engl~~eer's report Indlcates traffi~ i beCSevere`during~peakmperiodsponQVta~QurtoncasAOpposeahtontheCDiStrict'~stminimal use woul d impact. Mr. Mack stated the District wili eontribute up to $50.000 to assist in con~pute~izing exlstfng !raffic signals on State. Coliege .~nd to construct assoclated htghway improvements at tt~e facility entranee; that these improvements are essentlal to ellmtnating all bus traffic on Via Burton; that the Uistrict wi11 fund increasing the curb radli and associated widening of the west leg of Via 8urtcm which will provide safer traffic mov,.ments on Yla Burton as well as easler access co and f~om Via Burton. Mr. Mack stated the District agrees with the property owners that a median on State Coliege Boulevard is not an absalute necessity and might negatively impact some local businesses and if a median must be constructed~ its design should be sensitive to the probl~ms af lotal businesses and not adversely impact them. 8/25/80 ~ , } 9~ ~~ ~ ? ~ MINUTES~ ANAMEIM CITY PLANNING COMMISSION~ AUGUST 25~ 1980 80-47~ EIR N~GATIVE DECLARA~ION, WAIVER OF CODE REQUIREMENT AND CONpITIONAL USE PERMIT N0. 2082 (CONTINUED) He State~:~ as requasted bv the Planning Commisslon, the District further tnvostigeted the soils conditlons on the sita and had adJltio~al soils testtng end analysts performed. The concluai~~ns reoched in the August 1y80 supplement :~olls report prapared by Soils Ir,ternetionai are that~ altt~oucah a ma~ar portion of thc area bounded by State Collec~e~ Vla ~urton, Baxtor Straet ancJ the f1ooJ contral chsnnel was tntended for :~se as a dump site, only thet por~ion now occupl8d by cxisting Industrtal buildin~s was ecti:,ly usa;l as such; th~t the ren~ainder of the property which is the District's proJect area was used for egrtcultural purposea; that ~crial photos which were flown for thc City of Fuilerton by Fairchild Aeria) Survey in February 1953~ July 19;5~ Merch 1g~9 and Aprt) 1963~ corrob o~ated this Informatton. Mr. Mack continued that the solls repo~t (ndicates the flll areas which were .•ncountered In the proJect area extendecf to r maxtmum denrr uf about six feet and were comprised of alternr~t(nc~ leyers of s~+nd and were almost cc~~~pietely free of debria; and thrt the emtssion of nauseous geses~ such as n~ethane gas w-,ich Is e result of the decomposltion of organic materlal, is negligible in the fll) area. He stated based on the above that thc District and ~epresentatives of businesses in tha Vta 6urton area~ belleve they can become goad nelghbors~ r~nd the Utstrict's wtllingness to cooperate~ matched by the willingness of local busi~esses t~ coope~ate~ will lead to a successful lo~g-term re~ationship. He stated~ in conclusion, the ~Istricc requests that their appltcetion for a con~fitional use permit be app roved becnuse the facility 's virally neeJed to provide improved bus sc~vices ta the tronsit patrons of Ora~ge Cou~ty, and based on inGOrporating the: suggested off-site Impravements~ the project wil! not have a s(yniflcant effect on the environment end al~o because pro)ect costs will incresse at the rate of S90~000 p~r mont-~ due to any tir.,e delay, in completi~c~ th~ QroJect. Tom Fleming~ representiny Fluidmaste~, 1E0~ V{A Qurton~ stated hc hos been hcre twlGc rep~escnting Fluidmaster and other area residents; that the last r+xeting was continued in arder to ylve the Transit Ulstrlct an opportunity to dn additional core samples. es ~aqueste~ by thp Commission~ and to the brst of thei~ knowlcdqe no rrbre core samples were taken; thet aerial ~hotos taken ln the 5~'s may be hcipful Eut he did not think they are entitled to quite as much weight as core samples in determtning what the are~ was used for in the past; that another reason ~or the month continuance was to give the District a thance to demanstrate to the Commission why thls facility wauld be best located at this locatla~ and he felt~ frankiy~ after list~ning to the Dlstrlct representat(ve, he had not heard aiiything tl~at he had not heard bcfore and they still believe end their posit on stiil is that this fac(ltty may be needed~ but would be better off located ln the Northeast Industrlal Area of the Lity where there ore at leaat four proQe~ties which they found tn 1-1/2 days which would be better. Nt was s[i!1 at a loss end thought all the area resicfents arc at a toss ta figure out why this is the best spot for this faciltty; that it is a liyht inclustriai aros and is clearly zoned fo~ that purpose and other people who heve tried to build on thet site have been ltmited to liyht tndustrta) uses and he felt the Transit Oistrict facility is cl~earty a heavy Industrial use since they want to repair~ palnt or do n~echanical woric on b~ses. He feit this use is d~fin~tely out of charac:er with the Area. He stated he feit the question remetns why thls is a gond place far this fecility and dl;i not think it has been adequately an~wered. ;ir. Flemtny stated if the area residents ere stmply butting thein c~ads into a wall and the Transit Distrtct is goinc~ to get tts use permit or even in the absence of a uae permit. if thty sre yoing to build this factllty on thet sitc~ the~e ara aeve~al recommandad restricttons the a~ea neighbors fecl are essential and most are set forth in the written opposition prmviously filed. One of the moat importan~ restrictions if this fatility is going Co be d~veloped at 1717 Vla aurton is that the Oistrtct should be roquired to obtain access north ta araRgethorpe which is definitely the best of alt 8/25/8a ~-,~ `.~ ~ MINUTES~ ANAHEIM CiTY PLANNING C4MMISSION~ AUGUST 25~ 19~ 80-471 EIR NEGATIVE DECI.ARAYIOr~~ WAIVER OF CODE REQUIREMENT AND CONDITIONAI ~'SE PFRMIT N0. 2082 (CONTINUED) ~.nsstble solutlans to thc problems in that area; th~t they think Supervisor Cl~rk's recommendatlon that el) buses stay off Via Burton is a good ~ne but the aJditlonel traffic created by the employees and drlvers comnwttnc~ to snd from thetr jobs on VI+~ Durton would c~eate a problcm~ but it is prebably nut en tnsurrmountable problem. Ne 3tated another conditic~n they woulil request if the pcrmit is grenttd~ is that the District not vary sl~ifts so tt~at enployceS r~r clrivers are cur~mutiny to and fram this site durtng the peak hours when there is atready constJerub~e congestlon. They were concerned that onco the facility ts in~ if this is nut one of tha conditlons tmposeJ~ the Qlstrtct might decide to change thclr warking stiiFts. Ne stated ane of tlie recomn~cnd~~tions by Supervisor Clark was to Improve the Vla Burton and State Collcye intersectton siyn~l and felt tf~aC Is probably a good (dea end wo~rld help; although he did not thinG; it would corrmletely allevlate the problem. Referring to the median proposed on St~tc Golleye~he did nat thln~, that woulci help but suppased the City's Trefflc Departrnent is best qualified to make that as~essmcnt. He stated the aree rosiJents tnformally discuss~d incknting a bus lane into the prope~ty an State College to give tl~~ buses an opportunity to gtt out of the flow of treftlc when they are entering the facility ~nd an opporturi[y t~ p(ck up spced before enterin~ the flaw uf trafflc whon they ara exitiny, Hn statcd thelr posit(on Is essentially unchanged and thet is that thcy would ilke to see a nice responslbly developed inJustrial park which would include Ingress and egress north to Orangethorpe~ whic•h they felt would be the br~st ~se of thls particular p roperty; howev~r~ if thc transit facili[y is ry~iny to be develnped~ they hc~ped tt,e Plonning Commissicm would ir~pose same of the restricti4ns os condittons of the conditiona) use permit. M~. Mack stateJ access to Ot'~nqethorpe w;is t+ddressed In the staF,` report~ Item 18~ notinc~ the City Staff has contacted City of Fui~e~ton's Engineering Department and they had a negative repctlon to thet item; and that ;~~.: District feels that ts such a costly alternatlve, they cou1J not participate in i<< Funding. Concernln~ the lssue as to why thc Dtstrlct selecced tl~is location~ he rced an ~xcerpt from a prevtous quotation as follows: "tn maintaln~ dispatch an~ store a fieet of 2~~ buses at each location. the Distrtct has constructed ma)ntenance and oper.tion faciltties within the citles of Garden Grove onJ Irvine. Ta enhance oper~tlonal efficlency and provide additfonal tus ssrvice for the transtt patrons of Or~ange County~ lt wes det~rmined tt~~t a locati~n of thc Distrlct'g thi~a r~lntena~c~ anc! operation faci i i ty woulu be mast advantayeous in the nortl~ern s.:gment of the County. A search was conclucted to tnvestiyate avellabie parcels for the project ln that arem and 11 sltes wera invcstic~ated in ternis ~f the availabillty and costs. 1'h~ site chosen as the best locatian was that at Stt+te Colle~e Boulevard and Via B u r tan ." He steted an extensive p rocess was adhered te bcfore this sitr was sclected and before )and acqulsitinn procecdir,~s actually took place. He ~eferred to concem rryarding the Distrtct varying its shifts of operrtlon and stated :fiero is no present ~olicy in which the District wnuld change those shrfts~ bui felt chey would not want to be pr~ciud~d from doing so in the future due to some unknown reas~~s as L co~ditlon for this development. THE PUBIi NEARING 4fAS CL~SEJ. d/25/80 ~ ..,~ i.^'I MINUTES~ ANIWEIM CITY PLANNING COMMISSION~ AUGUST 25r 1940 80-472 EIR NEGATIVE DECLARATION~ WAIVER OF COQE REQUIRCMENT AND CONDiTiONAL USE P~RMIT t~0. 2082 (CONTINUEO) Commissionar Herbst asked Peul Singer to discusa thc medlan on State College and Mr. Singer replied that that madian lslanci would {~rovide left-tu~n access to nnd f~om the OCTD facility end wlll alsa p rovide teft-turn I~nos at Vta ~urton and Is needed in order to screen the buseL from ~hrough traffic as thay ere waltiny ta enter and leeve the fecility. Wlthout thls nwJtan thc buses would bc exposed ta two-way traffic and would h~ve to (nttrrupt twcrwey traffic flows and wlth the median a~rangen~ent the buses would anly be croastny th~e snuthbound lanes durln~~ av 'lable gaps that Ara created by signals and this would reciuce congestlon caused by th- :nterin~ ~nd leaving buses. Commiastoner Ilerbst osked Mr. S(n~~~~ (f he fcit thc signals could be monito rad tn such a manncr thAt there would be enouc~l~ zr~~ffic break from Orangethorpe to Vla ~ur:on to aliow the buses to cross the traffic 1 nes aafely. Nr. Singer repl(ed thAt ndequ.~e gaps would be provided Just by the normal cycle of thQ sir~no) at Orengetharpe ln th~ souchbour.d 1Anes only so the bus c~n ncgotlatc leaving the propcrty makiny a Icft•turr~r~orthbounci onta State Collcge and cen then have An oFportuntty to cross the sc,uchbound lanes wnen the gap occurs ;~~~~i f f necessAry wAtt in the area proviJed for Che nnrthbounct gap to occur w~~en the Via Durton slc~nals goes (nto effect. He felt by the caordinatlnn of thc siynals at Or~nyethor~,e, Vla aurton nnd the freeway off- ranQ~ traffic c~n be processed tlirough thls series of intersecclons m~re efflclently and proviclc gaps for thc bus lo~diny t~nd unloeding uf this f~ci I f ty. Comrn(ssi~ner Nerbst askeJ if accass to thc businesses on thc east slde of State College will be affectcd by thls medlan and f1r. Sinc~e:r rcpll~d it has bcen determined that the Riversidc frecw~r is tt-c primary dcst~nation ~nd all traffic that ts arrlving at this business from the south woulci havc no inte~fercncc~ ~nd t~affic arriving from the north would be given an opportunity for a"t1" turn at Via Burton. Trafflc cxlting nartherly from this property ,~ould f~avr no interference but trefftc wishing [o praceed southerly along State College leaving tl~is property would have en opportunOty ta ~.ise the same left-turn storage area that thc buses would normally use to r.nter the property, cxccpt in this case would be rw{~iny a"U" turn rathcr tf~an a left turn with tlie sanrc gap situatlon that would be building for thc buses. Lommfsstuner Herbs-, asl:eJ what radi i widening Mr. Singer would rewmir~nd on the corner of Vla Burton And Mr. Singer replied he could nc~t n,ake an estiMate, but it would be as wide as it is prac*.(cable witl~in the existing riyht•of-way and stlit p rovide sufficient pedestrian landinc~ area .~nd en area adequatc to ecconnadate the traffic s~gnal hardware that is there which wi1) obviously hsve to b~ rrloceted~ but the radius c~uld be enlarged e~J in his ~~pinion it wlll not have an effect on che existinc~ servlce statlon. Commissioner Herbst asked Mr. Sinyer's opinfon regarding the el(minatton of aarking along Via Burton since no buses will be using Vla Burton and Mr. Singer did not believe ane has anythinc3 to do witt~ the othcr and a;ated ~f the ma)orlty of the tndustrles along V!a Burton wlsh~ the parking could be removed from both sides of Che street and a continuous left-turn lsne installzd t~ facilittate the movenwent of c,~oods and trucks to and f-~m thetr buslnesses. Ne statad park.ing wnuld not br, rerro ved without their expressed wishe~ ta do so and the recomrnendetion mr.de was fior the overel) circulatinn ln the area, but tf tt~ey do not wish to have the parking remov~si, ~he City will no[ remove it. Ne belteved It would be to the businesses' beneft[ to rem~ve the parking end install a continuous left-turn lan~ to facil'tete curns. Commissioner Fry esked Lh~ tength af b 1Cft-turn lane for narthbound State C~~llege for thn buses to e~ter the faciilty a~~' Mr. Singer rep'ted he would try to accommodate a mi~~ wm of two buses so that they wo ••c out of the lane of trefftc but specific design wtll have •o be dona before he ~ ,sv~er ~the questicx~ sccurataly. g/s~/~n t ~ ~ ~ ~~ MINUTES~ ANANEIM CITY PLANNIN~i COMMISSION~ AUCUS'T 25~ 1980 80•473 EIR NEGATIVE OECLARATION~ WAIYER OF CODE REQUIREMENT AND CONDITIONAL USE PERMiIT N0~ .~2082 (CONTINUED) Commtastoner Fry referred to Item 1~ of the staff rcport whercin thc City of Fu1le~ton's Cnpinedrtnc~ Office Indicetcd sutycantial struct~~res exists aver co Orangetha~pe for the extenstnn of the ~oad and stated that is not true end abviously the pe~son who rt~~de that statement dtd not leave his desk ana go out ta inspect thc property bec.ause thcre ts only ono structura there anci it (s an older single-Part~lly house. tle continued that th~ OCTD~ by tts nwn admission, cioes not went to preciude the possibility of schedule changes ond that has bee~ one af I~is maJor concerns in a~provi~g tf~is facility since any s(milarity af their schndule going in on the first day and their schedules one year from now can be purely colncidental And in all ltklll~ood probably will be~ not because of devious nrans~ but because of the necessicy thereoF. He dld not a~ree with the environmental tmpact report that there wll) be no tmpact on the communlty ~s far ns furt-es and trafftc and a number of other thinc~s are concerned~ Ilo stated he personally (s o~posed t~ tl~e OCTD golny tnto :his are~ anci resllzcs the Corrmission has been told that Ilght tndustrial use~ will possibly create more traffic than the OCTU factllty but he wes not convinced of that but would yield to Mr. Singer as bein~a an expert. fle fclt this i~ one of tiu last ren~alninn liyf~t industrlal areas and Is the wronc~ spot especially when there fs plenty of tand availablc (n thc Nartheast Industrta) A~e~a where ;here arc wtde streets and whlch does not have the crowded traffic conditlons whlch he wa~ certain th(s use wt11 eate in this areo. lie stated for wl,at it ls worth nnd realtzes lt doesnot mean a thing and refcrrecl to an ~trticle in the Anaheiri Elulleti~ which staced wh,at the Cmm~tssto~ does is moot enyway. He stated th~r ~reatly distresscs hlm~ but he rcally felt thls Is a g~eat exerc(se in futt llty and a waste af ttn~e~ but In o~der to creatc goc~d neighbors and good witl of all conccrned~ hc reallzcd thc lntent and purpose of the applicatton. He stated he is go(ng to volce his orpositian by voting ayalnst thts proposal. Commissioner 88rnes referrecl to the lecter the Corm~lssion ~eceived from Supervtsor ',lark's ~ffice and asG:ed whett,er or not the industrtalists or re~resentatlves of the neighboring business~s gave any in{~ut~ o~ were involveci in or were ~tw~re of the te+lk chat went on between th~ Superviso~'s office. Twn pEOple fn tf~~ audlence indtcated they were fnvolved. She asked haw n~any heve read 5upervisor Clark's letter or received a cony of it and all thase persans present tndtcated they I~ad recelved a copy. She asked whether ~r not the representatives of neighboriny businesses concurred with Sup~~visor Clark's recomnendattons as indicated in the letter. Raymond Ast~ Avlonics Structures, stated he has rc~~ the letter ~nd felt it really does not say a thing~ noting Supervtsor Glark did not cven sig~ the tettcr~ and also Supervisor Clark st•.ted he would send a ~epresentative to thls r~eeting t~doY. Hc stated on July 18th thcy wcre asked to atter~d a r•~ect(ng at the Fluidmaster offices .,nd met with Bob Nardwick~ Chfef Engiieer of OCTU~ and thc big issue at that mceting was to i~eve ing~ess and egress to Arangethorre and Mr. Nardwick indtcated he thouqht it was a good idea but that issue was not n~entioned at the last meeting and certainly was not n+ention~ci today. Ne f~lt the ~ngineering Marager's sunmary sktrted the main issue~ just as he dtd the iast time~ and really dtd not say e~ything thc~ ~'d nc~t already know; that they are ~nposed to the OCTD terminal because of the traFfic situation which is o8d enough already ~d he thouyht it will serlously hurt tndustry In chat area. He s~tated he talked to . number of people in the area and thcy all agree~ but ere actually discouraged and he did not know hc.,~ many of them reccived a copy of chis letter~ but f,e got a copy from Mr. Crum's. He dtd not unckrstand why access to Orangetharne was ccmpletely hushed up tecause he felt (t would certainly be a good i~esa. He did nat belleve the District has ever met with the Ctty of F~~llertan and pointcd out the~e is only one old restcience there and he did not think it wauld be too serious a sttuatton ta p-ovidc that access. He stated che Chief EnglnCer has mentioned a~ein that they have checked othc~ sites and never really gave a ~easan +Nhy thia on~ parCicular si;~ was selected and hc felt the Discrict is not tN• least bit interested in wtiet che fsc~licy wFll do to th~ area and have inade up thtir T•trtds that they are going to ~nova tn. Fie dld not knvw what they can do to stop the ~lstrtct and stated they ere :~~yrq•~f.aur.,........_. . a~~ 7 ~ vlJ ~"~ ~ ~ = ~1 MINUTE5~ ANAHEIM CITY PLANNINC COMMISSION~ AUGUST ~Sr 1980 80-A7~ EIR NEGATIVE OECLARATION. WAIVER OF COOE REQUtREMENT AND COi~DITIONAL USE PERMIT N0. 2082 (CONTINUED) dr~pending on the Planning Commission. tle feit chc left-turn slgnal wtll black State College ~nd tlicre will bc a n+ess, in eddltian to :he mess that Is aiready thcra with the left turns on Vla Durton and he dtd not ur.derstend haw anyonc In their right mind can say that lt will nat offect tr~iffic He fett tt will scrlously effect State College and all the trafftc in thG areA. t1e felt 2y0 buses wtth all the drlvers wlll add to trafftc ta thc arna and 15 se~vtce bays to do the drdy and fender work wfil bc a lat of noise and wtll adversely impact the ne(ghborh~od. Ne felt nc~ one has pr~ven to t1ic~ people In business along Vta Burton that the use wil) ht~ve no etf~ct bec~use they knaw better. A. J. McDon~~ld~ Fluidmdster~ stated sorne of the neiyhbars had An apportunity to glve their lnput but ik was et a meetfny where it wes protty well established beforc they got there what the concessions were and assur-~d ti~ere werc~ previous meettngs between the Clty and the Oran~e County Trarcit ~istrict; that he nttcnded ail the numcrous meetings~ officially and unofficlally~ ancf !s ve ry famillar wlth government c~rrnts and the prpceduras for th(s typc of ~ropprty; that In al) that hos passecl and the ~tatisttcs presentc!d, there (s one canclusian and the Cormissi~n and oppnsition are say~~,~ It thcrosclves and that is that the opportunity lo clo a sc rvice far th~ community is not thclrs and thcy do not have the officialdom that can takc care of this today and wr arc ali In a mr;vie sct with this proposition because the Dlstrict 'has the pawer to go on. ~iQ sta[ed the DistrtGC has said from the beyinniny ancl has tried to impress thts :>dy from the beginning t`~~t there would not be a~tiy i r-pact ~n the conxnun t ty based on the s<<it i s t i r.s but today he hea rs the statistics change and be t~~rown out on the ~rounds that they may possibly change the whole thiny ve ry shortly and may have buses runni~ig all ovcr the place at any haur of the n(ght or dey a~d that wlil bo their prfvileye so clo noc put [hls restrictlon in as a requ) rament. Mr. McDonald stated In order to come to an edu~ated canclusion hf taok the time •o go to the Los Anyeles T~ansit Distriet wt~tch has far more e~cpertence over the years ~~d asked tt~em if they woul~t put a tra ~ic bus de~x~t on cnade lend and thcy rcplled they would not. regardl~ess of the price. and certainly not on e dump site whicfi thls is snd they must have 95$ compactlon. He stated he has never h~~ard that statement made here in all the ~~.atictics presented; that the Los Angales Transit District indicated the buses wlll ~ear :he property apart as tlme gaes on~ but he felt this does not mcan anything h~ere because a 310 million dollar governmcnt grant (s being dlsGUSSed that (s paid for by everyone and the Distr(ct feels it is perfectly all rtyht to yo forward wi!h th~ use. I~e stated the Los Ange les C 1 tv Trans i t Authori t~,• tul d h i m tha' cF~ey hAVe t.ro loca t i ans that fihey woul d itke to give O~anc~e County for noct~ing And that tf~ey wllt supply thc tnforrr~tion to O~angt Cou~ty~ Eut unfortunately che~ dld not own the praperiFes and chey lease them but are go~ng to get rid of them thts year. He feic if thet is the experiencc ~f a c~aJo r transp~rt~tion authortty with 7; years experiencc, ell the taient in O~ange Caunty~ engtneering or otherwlsr~ is noi golny to overc mc it. He felt when this borly admits this is only a voicc be(ng thrawn out hcre one to ~h other, ;t becomes ~lrost a series of comedy in ttit~t another ma)org~vernmental orc,ani:.ation such as this can come `n without p rotest end shove down the throats of •he officials of th)s City wt~~t they ~~uid ltke to heve and if the ZtCy do^s not like it,t~ey will 90 ovc.r thelr head and steamroll lt th rough anyway. Ne yuaranteed chat the~e are p rotest arcas In [his govarnmen; that he has Access to and gove rnmrnt ayencies which he has access to whic.h will npt see this done i f the Commi ss ion wi 1 1 adrt~i t that that I s the case. Ife ~c,ggested aven though the Conmission knows `ull well they do not h~ve Ju~iSdictlon, they should go on the record for the sake of this City and thetr own indtvidual rights thet they are against this project a~d th~n int thc Dtstrtct steamroil the facfilty whenever they want. i!/7r ~Qn ~' ! ~ ~,~ MINUTES~ ANANEIM CITY PLfWNING c^'1MISSION~ AUGUST 25~ 1980 80-475 EIR NEGATIVE DECIARATION~ '~AIVER OF CODE REQUIREMENT AND CONQITIONAL USE !'EkMIT t~0. 2082 (CONTINUED) Stan Oftelie~ Executiv~ l~.ssistant• to Supervisor Clark~ explained thet efter meeting In Mr. Clark~s offtce~ a draft of the letter was sent to the parttcipsnts who cAn~ to the maettng; thet M~, Sierk acted as tha ga-between and sugyested certain rapresentatives of the othar busfnesses cc~n~e to H~, Clnrk's afFice to discuss these issues; that after the draft of the letter was o~epare~.~, a copy af it, wtthout Mr. Clark's stgna~ture~ was circulated tc~ each me+mber who ottended that meettng and also Mr. Sierk and they were esked for comments rnd InForme~ thr~t thc lettar would bc se~t In this fashion with the(r c~ncurr~nce unless negative conments were recelved fram them; then Monday or Tuesday of leat w~ak a flnal copy wus hand ciclivered hcre to thr. City Hs1) and qiven to City staff for prnsentation to each of the Commissioners and thrt wes afte~• n~ of the representat,tves at th~,t n~etin~ and th~ Chembe~ of Commerc~ haa chance to revlew tt. lie explainad they triccl th get complete concurrence before (t wes ,~en Lo the Commissian. N~ expl+~inecJ answeriny Conxnissloner 8arnes~ t-~at there were flve representatives from the arca presenc at thc meetfn~ wtth Mr. Clark and the rtu+Jorlty of them were from fluidmaste~. lie expleined copies of chc lettc were ylvcn ca thc people who were parciclpants at that meeting end not ta eve ry butiness in thc ~+ree and also it wes given to the Anaheim Chember of Comrx~ce wtio haJ indicatcd they assumcd those present would te e gc~od ~xamplc or a good rc~retentation of the businesses In that ~rea. Commissl~~~er Herbst stated Che Cortr~ission t~as recelved a letter from Sup~rvlsor Ralph Clark statlny that there was a willingness of both pArties ta coope~ate and are now hea~ir.g an enti~ely dlfferenc ~tory ancf thc fluldmestcr representattves ar~ drasticaliy opposeu to th i s. Mr. Oftelie replled ha cauld only address the cor~tent of the meeting and explalnad a copy of th~~ l~tter was circulatcd ta e~ch person who parttclpr~ed In thet meeting and ha felt th~ lett~r is an accurate descri~tion of wl~at hap;~ned et that tima and it Nas given to the participants and they wcrc asked if they thauc;r,~ it was an eccurate ckscrfption of the discusston that took place at that time~ an~i they wcre asked to let thc Supe~visor's offfee knaw i f there were a~r prob lcros and they di d not let them know of any ~roblen~s unt (1 today . Mr. Oftelle cxplained th~it Mr. Clark was present at thc August 5Lh mcettng. Commissioner Fry was cancerned thnt SuFervisor Clark's letter (mplied an agreement was reacheJ and now he is hcaring all this oppositlon. Nr. Oftelie explal~,.:d aga(n since thcre werc no responses to the draft letter~ they assurt~d therG werc no problems. Chairman Pro T~rnpc~re Bushore stateG he belleved that the extension nf B~xter Street Is a valid ao~sTderation and althaugh the OCTD rroy not Nant to s~end the roney ~o acquir~ [he property~ they certainly have the power to rcquire tt. He elso Ilked the tdea of posslbly a bus Ibne as tfie buses approach south on State Col i ege b~~t di d not know i f i t is fe~s ib le or not. Reqarding tha core s ampics~ he explaincd there aas an engineering rnport sube~Itted an.. i; addttlonal somplrs we~e taken and it now drtinCs the ares of that dump stte anQ gives th~e depth of that site and tt will takr a ilttie further compaction~ but thc. fill is ciefinitely in the area of the parking structur~ and sho~ld pose no significant probiems tf mltigated prnperly. Chairn-~n Pro Tempore Bushorc felt somc af the probiems !n this lotation are self-imposed by the buain~ssmen ~resently there and stated hr has been to the site morn than once laoking at the problems which the busir:~ssr~en need to ~orrect Chrn~selves; that ls,they are alicriving their employe~s to park on the strect nu~king ingress and egress to thetr own pa~~els inadequate and sor-~ of thc reASn~s they are fo~cing their eiaployeas to park on tha w ~~ ~ .w~ ~ M~NUTES~ ANAHEIM CITY PLANNING COMMISSI0~1~ AUGUST 25~ 1g80 EIR NEGATIVE DECIARATiON~ WAIVER OF CODC REQUIREM~NT AND CONDITIONAL USE PERMIT N0. 2082 (CONT~NUEO) g0- 47G streat Is that thcy are usiny thctr parking fo~ storage and for an ovcrflow of thetr own business. He felt since they have gotten togethn_r for this~ tha~ maybc they can get to~ether to clea~ up sortx~ of the problems. RAC~ercling thc locatlon~ ChatrmAn Pro Tempore Oushore feit the location the OCTO has chosen is edequate; but wented ta say his persona) ~pinion ts that lt is berely adequate and he is not an expert but Iiked to thlnk h(s apinlun~ like ttie p~o~le wh~ arr_ opposed, is valuod toa. Ne S~AC@l~ if~ in fact~ a grant from thc Fede~a! yovernment is being ~ecetved for this ancl it preves to be an inaciequate site due to circulation and the effect on the nefghbnrhood~ ctc:., then it is in his opinion~ e wastc of the taxpaycr's dollars and dld not thin{: juzt because we are aoing to get a gift of our own money 5ack, that tt makes tt ~lyht to Jump at tlic si te In ordrr to spei~J that rtaney bccause Orange County f~es a trenxncbus amount of influe~cc tn Washington end ever~ thau~h we may lose thi~ grant, we can certatnly obta(n other grants. Ne stated he is ~oo~inc~ nt th~~ site as he wautd looF: at a truck termina) and felt there is ve ry lictlc difFerence between this use and a truck terminal~ and this use wtll have less af an ir.~pact chan a crucl~ terminal~ but he must ask hinr~elf if hr would approve this stte for a truck cerr,inal and maybe n~ti a heavy ~ruck terminsl, and he would ~ot. Ne felt regardless of haw much money wc wtl) get from the fe~iera) governr.~cnt and regardless of huw bad Or~nye County necds this faciltty,hc would not app rove tt. fle did not think employees and consultants that have been involved have adequatcly done thcin c~mnwork or have not been ylven adcquate dlrectlon to cb thcir h~mcwork and hc scill has nat heard answers to questions chat he wanced to hear and has never heard how this stt~ ~as a~tually chosen. ke state~ he is satisfied with the soil samples and his co~ccrn rcgerding the dump site has bcen Caken ;,are of. Commissinner tlerbst stated he did not know whether the trafPtc caUnt~ reflect it or not, but starting In Septcr+b er California Staic University at Fullerton has 22,000 students and in the mornings ~~nd ~fternoons State Golteyc Boulevard bccomes greatly more Imp~cted than what it has been durin~ t!~e last thrce mcnths and also thcre Is a maJor rallroad line crnssing Stat~ Cotleye Boulevard in thc afte rnoon and there is always a train stopped there and the traffic bacl:s up for severa) blocks. then all dumps into Orangethorpc and then into the frec~ ay siynal(zation and does create a very serious lmpact on that area. Fie did not fcel the District has looked at al i thesc prohlems ci~roughly enough to determine wl~at thc ~ajor problems a~e alung State College. kie st(11 thought thc only feasible way this sit~ will work for this use is if the Distri~t g~ts an acces~s puint ~o Orangethorpe whlch he hid made ve ry clear at khe previou~ hearing and disag~eed with the Clty of Fullerton that access canrx~t be provided because he has walked chat site and knavs there is plenty nf room for access anJ there is only ~ne ~ld house which would cause a sliyht Jog in the roac! to get th rou~h and he felt ~he OCT~ has not followed through and prabably just looked at son,e aerial photographs and decide~ it caRnot be done. He suggested they ga out and walk the site because it can b~ done. He stated the nnly way he would v~ote for the requcst Is with thc stipulation from the Distrlct that they will gst access to Orangethorpe because he knows ~t will cause a serious traffic lmpact on State Colleye that will not be acceptable in tt~e future. He felt access to Orengethorpe for the buses will retfeve the traffic conycstlon in tf~e area and the Distrlct's bus circulatlon will be far bettcr~ looking at the long-range projee:. He fett iC should bt done right in the first p~~ce; that it wtlt be dtveloped with the taxpayers money and it may cost a 11tt1e n~ore now, but if it can teke the impact off the area and make the proj~ct work b~tter~ he felt [he taxpayers would be wllling to spend that money. Commisaion~r Bar~es agreed and felt thc basic issue is that this fs an operation that wili heavily impact the area and is going to :ause t~affir prablems ancf is going to have an aff~ct on the nctghboring businessea. but it is. I~~ a sense~ out of the ~:ommtssion's ~~• I ~ r!~ M4NUTE5. ANAHEIM CiTY PLANNING COMMISSIYN~ AUCUST 25~ 1980 80'477 E 1 R NEGATI VE pECLARATIO~~ ~ WAI VER ~ ~ CnDE RE~c1t RF.NENT AND CONOlTIONAL USE PERMIT N0. 2, 08: (4UNTINUED) ha~ds. Sho afl~ecd that everytlif~~y pnssible should bc cf~ne to allevlate Che traffic prc~biem ond felt the most successful way of a11ev1Ating the traffic problem ncnw end for the many years to cc~me is to put same of thc trAffic out onto Orangethorpe. She felt that wc,~id be the most logict' way of doiny it with the least InterrUptlon for the businesses on State Collegn. Jac~ Whlie~ Assist~nt Citv ,~ttorney~ ~xplalned regarding the Negative flecl~ration that since in thls (nstance uCTO is the leacf oge~cy wlth reqard to the Negattve Declaratian rath~r than tl~e ~ity of nahelm under the State guidolines, thc CallforntA Environmsntel Quallly Act~ the role of the Planning ComMissic,n Is ta certify th~t they have rovtcwed and co~sl~lered the informatiun cantalned ln tt~e Negative Declaratlon and Lhe Planning Commission is n~t acting upon tho adenuc~cy of the Negetlve Declaratlon as an envlronrtx+r~tal documcnt. The law Is clear that the -~,ad Agency hes that sol~ responsibility. ThQrefore~ th~ Commiss~on dres not have the prerogntlve ta deny a~proval of tho tlegative Decl~ration betnus~ the City is not the leod accr~cy and all that is necessary is certtflcatton that the (.ommtssion has revfcwed anJ considcred it ~nd their actlon does not incur tn anyway that the I~a~nttve Oeclaratian is ttic appropriat~ environmenta) document. A~TION: Conmisstoncr Herbst affered a motion~ seconded by Commisstoner Be~nes and MOTION RIEp (Commissioners Klnr, and Toln~ being absent)~ that the Anaheim City Planntng Commtss(on lias recelvrd~ revtewed and conside~ed the environnwntal effects of the proposed bu~ transi: faciilty ~at 1717 East Via Burton Street. Commissioner Herbst offered a m.~tion~ seconded by Cc~mmisstoner Fry and MOTION CARRIED tCommissioners K(nc~ ~ind Tolar bet~y absent), that the City Planning Commissio~ does hereby recommend th.~t if Chu sitc Is p~~rmicd that the waiver be c~ranted. Comrnissfaner Herbst in~icaccd he wauld offer a r~solution to apprr~ve Condltiona) Use f'ermit No. 2032 with e condltion that thc OCTb provide access to Oranc3ethorpe and subJect to all other conditions ~s stipulated in Supervts~r Cla~k's letter; however~ if access to Orangethorpe cnnnot be p rovided he wauld drastically oppose the pro}ect. He felt access can be provided to Orangethorpe by tt~e District bec~us~: prdQerty 1s avrilable at the present time. Jeck 4lhite~ Assistant Lity Attarney, stateci hc has a problem with that conditton regarding access because ihe proparty nocessary for access is neither awncd by the City o~ rha Distrtt;t ancl is noi located witl~i~ the City of Anaheir~ Ne dld not feet that that wr~ditio~~ {f passed~ woulci be legally enforceable by the Ctty of Maheim and believed in this application the Cornr~ission should be looking only at the property that (s currently under the contr~l uf the D(strict a~J/or thc Cicy af M aheim and in order for that condiiian to be ca~r(ed out it would requ(rC two outside agencles to concur~ the City of Fullerton and t!~e present awner of thc property~ and Qf the resnlution is approved with th~t condition~ he wauld have great difficulty anforcing that particular condition in the absence of a stipulation from the applicant that they wauid accept the candltion as part of the permit and in the absence of that stipulation hc was efratd the Conmissio~ wauld be looking at tl~e appr'c>val of a p~rmit with a condition that cauld be set aside or Invalidated a~d stlil lceve thc permit in force. Commissioner Fry asked if that would huld true when deailnc~ with another govermm~nta) agency that has the power of emir~ent domein~ which tfi~e District has dane al~eady. Jbck blt~itc stated if the City of F~llerton decided to exercise its power of eminent domein one of the obstacles would b~ overcome and Commissioner Fry felt the Distrtct can exerctse lts power af eminent domain and bypass the City of Fuliertan. just as they have done here. ~ ,__ ..,_ ,-~.~ ~'1 ~ AWIHEIM CITY PLANNING CQMMISSION~ I1UbUST 25- 19~ CON~NTIONALE45ECPERM~T~NO.wZ082a(GONT~NUEp)~u~R~MENT ANO ~o- a~a ~h~msn Pro Tsmpore Bushoro staCed the prabiem he ha~ with that stfpulatlon is not .~ust lagal~ but moral becousa he did noc knav If he w~nted t4 !~e a p~rty to starting a cond~enx-atlon process agalnst whaever might own that property especi~lly wh~n ha h~~ not bee~ eatisf{ed ~~ h~s °8~e~n~ ~vai lable~ mHehstatedhhe~hasesomehreal,problems withhthla beon nvatlablr. nr that uso. Co~xnissioner Nerbst stated oven th~ouyh`h~ ~~L~~and City wlookingvatnthedlong~-rangefuture ~ra going to ht+ve transit problena in impact t'~at a facl l ity rf thls nature would have adJacant ta ~ne of our maJor thoraughfAras which i' Paveibabl~^forracrroreusuitablersite,ihenwouldmrocommendidenlalhp'~ are locati~ns whlch a e ACTION: Cnmmissioner ~lerbst offered aesalutlon No. PC80-131 and moved for its pessage and a opt on that the Anahclm City Planning Commisslon does hereby deny Petltton for Concil tl ona 1 Us e Pe rml t No. ?.002 on the b;,~. l s that the property 1 s ed jacont to one of Anaheim's major thorouc~hf~~ffich~ r~blemsrondbunde5lrAblehair qunlitytcould be created byd ~n thc basis that ma)or c P this uae. On noll ca11. thc foregolny resolutlon was ,~ASSed by the followinc,~ vote: AYES: COMMISSIONCt2S: t3ARIIlS. BOUAS, BUSIIORE~ FRV~ HE~tkiST NOES: COH~11S510N~RSt t~~~~C A[iSENT: COMMISSIOtIERS: KINR A~1D TOLAR Jack Whi te~ Assistant Cf Cy Attor~cy, p~esentcd the p~tt tloner with the wrttten right to appcal the f'l.mning Comr~i~sion's declsic-n withtn 22 d~+Ys to the City Council. Commissioner Earnes steti~ ~~nseienceeto~drterminertheatest~thing toedotfor the,greatest really had to search the good of the eommunily snd itwes a ~ery tough dectslon. 8/25/80 . ~~ ~'""~ MINUTES~ ANAHCIM CITY PLANNING COMNISSION~ AUGUST 25~ 1980 So-479 ITEM N0. 2 READ~jCRTISED PUBLIC NfAa1~~G. OWt1ERS: EBRANIM E N GA VE D~CLAMTIOt~ TALEaI ~ E7 Al~ 27(~95 TorIJA, Misalan VieJo~ CA 92791. . •81- Propo~ty dcscribod as a ractangul8rly•shapad parca) of ~t N ~•~ land consisting of approximately 1,0 ecre EN ATIVE MAP OF TRACT N0. ill7~s havii.q A fmnt+~ge nf a~nroximataly 1~0 feeC on tha west side of Wobster Avenue, having a maximum depth of approx.in-ately 304 foct~ and beinfl located approximately 1070 feet south of tho c~ntcrl tne of O~~nge Avenue~ and further ckscrlbed os 71~ ~outl~ Webst~r Avenue, Property presently classified RS-A-43,000 (R~SIOENTIAI./AGRICULTURAL) ZONE. RECLASS i F I CAT I ON REQUEST: RN- 3000 ( RES I pEtIT I AL ~ MULT I PLE- FAI11 LY ) ZONE, VARIA~~Cf. RE2UEST: (e) MIt~INUM LOT AREA PER 041ELLING Ut~IT~ tb) Ml1XIIIUFI SITE COVERAGE~ (~~ MINIMUM fL00R ARE.A, (d) MI~~IMUM Ll1~lUSCAPCD SE.TEiACK~ (e) MINIMI:M RECRE:ATIQ~~AL-LEISURE AREl1~ (f) MIN1~1l.IN NUMOER A~J~ TYPE OF PARKItlG SPACES. TCt~TATIVE TRACT OF MAP N0. 1117~ REQUEST: TO ESTA~LI511 11 1-LOT, 30'UtIIT COtIDOMINIUM. Subject petitior was concinued trom the meetlne~s of July 2~i. an~l Auc~ust 11~ 1gf~U to re~dvertise Ancl inclucle: additton~l wslvers. Chatrman Pro Tempore Bushore indlcatcd he has n prcviously statad Confitcc of Intcrest and asb:cd Commt ss ioner Barncs to ect as Chai rman. Chat rman P ro lcmpore Bushorc le.: t the Councll Chamber and Com~issioner aarnes assumed the Chair. There was ~o one indlu-ting their presence In opposition to sub'ect requcst, and aithough thes staff ~epori to thc Plannir~g Conmission d~ted Auc~usc 2~~ 19~0 was not read et th~ public hca~i~g~ it is referred to a~d r~ade ~ part of the mi nuees. Ebrahim Talebi ~ owner~ statecl he had prevlously prop~~ed a 20-unit condominium p~ojeet a~d foliawing Lhc recorxnendation of the Fl.~nning Cammtssion, workcd with thr, Nousing Uepartment to provide 30 low-cost ar affordable hausing un i ts. Fie stated he has an agrner~ent with Housiny providing that t00Y of the units wi 1) be sold as affordable housiny. He explained the sales p~iccs he hAd ori~inaliy indicated have teen lawered by Housing and that he cioes agree wict~ those reducad pricrs. THE PUBLIC NEARING WAS C;.OSCD. Tempo~ary Acting Chai rman Barnes confi rr~ed that the sales prt ces as set farth tn the memorandum frnm the Hc,using Manager dated August 2;, 19f:0 arc the requircd prices in o~der for the proJect to qusiffy for lc~w-cast housing. Commissioner Fry asked how long the recommended sales prte~s would be effective and Mr. Talebi ststed tha prlces would be effec.tive far pn~ ycar a~d antlcipatad it wI ll take,that long to u~mplet~ the Job. Fle stated the plans were cortiple ted for an dpartment complex and this is essent~ally a conversion and that the pians havc been approved by the City and work ca~ conn~ence as ~oon as the pro j ect i s f i nanced and b4nd i s pos tad, Responding to Te~mporary Acting Cha1 rman Barnes~ Mr. Talebi explatned they have not cansi de rcd wf~ether o~ not there wi 11 be ch i 1 dren i n the p roJect, but assumed under th 1 s program~ there wi i l be a requi rement that chi ldren be permitted. 8/25/8e ~ ~ x~7 MINUTES~ ANAHEIM CITY PLANNING COMMISSION~ AUGUSf 25. 1980 ~0-479 iT~M N0. 2 REAQVCRTISED PUBLIG HEARING. OMNERS: EE3RAHIM ~ t N ~VE O~CLARATlOtI T11LE81, ET AL~ 2~G9; Torl)~, Mission VieJo~ CA 927~1. . -81•3 Proparty descrlbed as a rectangutarly•sheped parcel of l~i~'~ . ~'~' land conslsting of •pproximateiy 1.0 acre EN ATIV MAP F TR/~CT N0. 1117b having e frontage af approxin+ately 1~0 feet on the ..._.~....~._..._~,...~.-..__~_ ._.._ west sicfe of wabstor Avenue, having a maximum dapth of approximately 300 feec~ and beinc~ lacsted approxin~atsly 1070 feet south of the c~nterl ine nf Oranga Avenue~ and further desc~ibed as 71~ South Webster Av~nue. P~operty presently cles~ttfled RS-A-43~000 (R~SIU~NTIAL/AGRIGUL7URAL) ZO~~E. RECLASSIFICATION REQUEST: RM-3000 (RCSIOEf~TIA~, MULTIPLE-FAnILY) ZONE. VARIANCE RE2UEST; (e) MIt~IMUM LOT l1REA PER DWEILIN(' UNIT~ (b) MAXit1UN SITE COVERACE, (C) MINIMUM FLOOR AP,EA~ (d) MINIMUM LANUSCAPED SETBACK~ (o) MINIMUN RECREATIOf~AL-t~EISURE AREA~ (f) MI t~IMU14 NUMUCf? Ati~ TYPE OF PARKitlf SPALES. 7ENTATIVE TRACT OF MAP N0. 1117& RCQUEST: TO ESTABLISIi A 1-L()T~ 30-UtJIT CON~OMINIUN. SubJect peti tion was continued from the meetings of July 2f3~ and August 11~ 1980 Lo readvertise an~i IncluJe additlonal waivers. Cha~rman Pra T~mpore Bushara Indicatecf lie hos a previ~usly stated Confl ict of Interest and askeci Commissluner Ba~nes to act as Chai rmnn. Chat rman Pro Tam~ore Bushare lc~ t th~ Councl l Chambcr ond Cornmissioncr tiarnes assumcd the Chai r. Thare was no one incliu+tin~ their presence in oppos(tion to subfect request~ and a!though the staff r~port to the Plannin! Commission dated Auc~ust 25, 19R0 Has not read at the public hcs~i r~y. Ic is referred to and r~ad~ a part of th~ minutcs, Ebrahtm Talebi. awner~ s[atecl hc had previously proposed a 10-unit condominlum proJect and following tha rccorm~endation of the P~anning Gommission, workcd wlth the Nousing Ueparcment to providr_ 30 low-cost or yfforclable hausing units, ile statcd he has an agreenent wi th Hous i n, provi di ng that 100$ of the uni ts wi 11 be sald as affordable hausiny. He explained the sales p~ices he had ~~tginally indlcated have been lowered by Nousing and thaY he cbes agree wi tl~ those ~ed~ced prices. Tl~E PUBLIC HEARII~G WAS CLQSED. Temporary Aeting Chai rma~i 8a~nes c~`i rmed that ths sales prtces as set forth I n the memorandum from the Houstng Manage~ ~ated August 25. 198Q are the requi rccl p~ices in order for the proj ect to qualify for low-cost housing. Comnissio~ert Fry asked how long the recomr~ended sales prices would be effecttve and Mr. Talebi stat~d the prices would be effcctive for one year and antlcipated it wl t l take.that lung to oora~pl~tc the Jnb. Fie stated the pla~s v+e+~e ~ompleted for an apartment complex and this is esscntiall~y a conversion and that the pta~s have becn npproved by the Cixy and wvrk can c.fls~rnence as sc~on as the prote~t i s f i nanced and bond is pos ted. Responding to 7emporary Acting Chatrman Ser~es~ Mr. Talebi explained they have not wnaidered whether o~ not there will be children in the proJoct, but assumed under this progr~m, there w) 1 I be a requ~rer:~ent that chi ldren be pe~mitted, 8/25/8a '~>~ ~~ ~ MI NUTES ~ ANAHE i M C I TY PLANN I NG COM~' I SS I ON ~ AUGIJST 25 ~ 19~ ~' W80 EIR NEGATIVE DECLARA?IAN~ RECLASSIFICATI~N N0. 80•81-~ VARIANCE N0. 3161 ANO TENTATIVE MAP OF TRAC7 N0. 111 a(CONTINUED) - Commi~sloner ~~erbst poinr~.; out t~~~sa are the same plans approved in 1~79 and Tempo~ary Aet i ng Chei rman Barnes stated the po~~1 wos el imi nated i n rne erea and asked i f there wi l l be any area far chilciren to play. Mr. Talebi stAted by eliminatlon of the poo~~ a p1Ay srea can be ~~ovlded~ but specific pla~s have not been cionc And stated he woulc' :titipulate to putting in a play area lnstet+d of a swimmin~ po~l, Commissianer 1lerbst ~inted out slnce t:~cse plans were approv~d for apartmonts, the unlts must bc up~raded to mecc oll 5tate r~~~ulrer~ent~s for party walls~ etc. And Nr. Talabi repl ied hc undcrstood that he would have to mc~~t ell Strte requiremencs Por sound proofing between thc two wal is ~ clc. ACT10~1: Comroissioncr N~rbzt offered a motion~ secan~ted by Commissloner acuas end MOTION ~I~D (Commissionc:rs Bushor~~ King ;nd Tolar I~eing Ab~ent) ~ that the AnahGlm Clty Planning Commissi~r. t»s reviewed thc: ,~roposel to rcclassify subaect property from RS-A• 43~~J00 (Rcsidcntlal/Agricultural) tone to thr_ R~!•3000 (ResiAenttal, Multlple-F'emtly) Zone an a rectAngularly-sl~aped parcel of tand consisein~t of approximately I.0 acre. having a fro~tage oF apnroxlrwtely 15~ feet on the west sida of Webste~ Avenue, hnving a maximum depth of appru~•ircx~tcly 3~~ feet and beiny locate~i ap~roxtmately tn7o feec south of the eenterllne of 'iranc~e Avenue to construct a 1-lot, 3~~unit c~ndominlum subdlvlslon with waivers vf minlrnur, lat area ~cr dwellinn unlC. me~ximum site covereae~ minimum floar area~ minimum iandscaped setback, minimum recreationrli'leisure area and m~nlmUm number and type of parkin~ sNACes; and does hcreby approve the Ne~~~tive Oeclaratton from the requtrert+ent to prepare an env(roi~mental i~~~pacl rerort on the basis that there would be no signifleant individual or cur~ul~~tive adverse environmental tr~~act due to the approval of this Negative Declaratian since the Anaheirn General Plan desi,n,~tes the subJect property for medium density land use~s cammensu~atc wi th the proposat ; that no senst tive envi ronmental impacts a~a involved in the proposai; that the Initlal Study submitt~d by the petitioner indicate~s no sic~nifieant inclividual or cumulative adverse cnvironr-cntal impaets; and that the Nec~ative Declaratl~n sul~st.antiatin~~ thc foregoing findings is on file in the Clty of Analieim Plannir~g Dep~rtr~ent. Gonmissianer Nerbst offered Resolution Mo. PC$0-132 and movcd for its passage and adaption that the An~heim City Planning Commission does hereby grant Petition for Reclassificatlon No. ~10-81-3~ subject to Interdepartr~ental Committee recorxncndatfons. On roll call, the foreyoing resolution was pass~d t~y the following vote: AYES: COMr115SI0t~ERS: t3~,Rt~ES, E30UA5. FRY~ ~fERltS'T NDES: CONJ~tISSIONERS: NONE ABSENT: CAt1HISSI0t1ERS: BUSHORC, KIIJG, TOLAR Jack white~ Assistant City Attorney~ suggested a u~ndition of approval be added to the variance and tract requt ring that the deveiaper sh~l l enter intQ an ~greement with the City pursuant to Government Cade Sectlon 6;715, whych agreement shal) he recorded eoncurrently with ar prior to the approval of t~e ~inal map and which shail provide that 100~ of the units shall be sold as low or r~oderate income housing as deftned in Government Gode Sectton G;915 and with appropriate resale oon:rols a:~ approved by the City of Ar.ahe i m. Comnissioner Herbst offered Resolution N0. PC60-133 and moved for its passage and adoption [l~at th~ Anaheim City Planning Commission does hereby grant Petition for Variance No. 3161 pursuent to recent state legi5lation (Government Code Section 6>915~ lncluding the granting of bonus var+ances on the basis fhat the petitioner stipulated that 100~ of the 8/z5/80 . '7r1'; . , ', NINU':S~ ANAHEIM CtTY PLANNING COMMISSION~ AUCUST 25~ 1g80 80•+4~1 EIR "IE~AitVE DEGLARATION~ RECLASSIFiCATION N0. E30-81-3~ VwIt1A1~CE N0. 3161 ANU 'fENTATIVE NAP Of TRACT N0. 111)8 (CONTINUEO) ~~~11y A~~~~~ ~~~w~ unlts will be •olef as lc~w cost hou~Ing In price rang~s as rcqutrad by the Clty of Aneheim~ ~nd s~bJect to Interdepartme~tA1 Gommittee rocemmenc;qt(ons~ and the additlonrl condition rcquiring that the cieveloper sh ali enter into an a~r~ement wlth the Ctty of Anaheim pursuant to Governn~ent Code f~5~15 which ayreemenc shall be recorded cancurrently with or ~rlo~ to tl~a apprnval of the final rrop and which sh~ll provlcle ~het 100$ of tf~e unlts shall be sold as low or modcratQ incon~e housing os dofl~cd in GovPrnment Cod~ 65915 and wlth appropriote resalc controls as approvecf by thc City o~ Anrhetm. On rol) call~ thc foreyoln~ resolutiun wes {~osseJ by the foltowlny vote: AYCS : COM~•11 SS I Ot~ERS : dARI~CS . 60UAS. FRY ~ I~ERaST t~OCS : COr~~~l SS Io~iERS : NO~~[ Al15CNT: COMMIS510~IE?S: BUSIIORE~ KI-~G, TOLAf; Commissianer Herbst offcrcd a r.iotion, seconded by Cormissioner Fry anc~ MOTIOtd CARRIED (Commtssi~nera Dushore~ Ktny ancl Tolar being absent)~ thAt the Anaheim City Planning Commisslon cbes hereby flnJ that the proposeJ subdivtsfon, together with its dnsign and improvement, is consistent with thc CiCy of Anaheim Gener~l Plan~ pursuant to Government Code Sectlon 6G473.5; ancl does. therefor~, approve Tentative Map of Tract No. 11178 for a 1-lot~ 30-unik subdivisio~~ subJcct to the followinci conditions. 1. That tl~e. approval of Tentatlve Map of Tr~~ct No. 11178 is c~ranted subJect to the x~pproval of Reclassific~tion No. "0-F1-3. 2. That the approval of Tentative Map of 7~act I~o. 111?~ is granted subJect to the approval of Variance t~lo. 3161. 3. That s`~ould this subc~ivision be develaped as more than one subdlvision~ each subdivlsion th~reof st~alt be submitted 1~ tentative farm for appruval. 4. Th~t drainage of subJect property shal! be dlsposed of in a manner satlsfacto ry to the City Engineer. 5. That subJect property shal t bc servecl by underground ut) l i t(es. 6. Thac the cywner of subJect prope~ty shatl Fay to the City of Ariaheim the approprtate par~ and recreatian in-lieu fees as determined to be appropriate by the City Council~ said fees to be ~aid at the iime the building permit is issued. 7. That the oriyinal dacuments af the covenants~ condltions~ and restrictions~ and a letter addressed to de veloper's title company authorizing recordation thereof, shall be submitted Co the City Attorney's office and approved by the City Attorney's office a~J Engineering Division prior to fina) tract map approval. Said ciocuments~ as approved, shall be filed and recorded in the Office af the arange County Recorder. 8. That all private streets shall be dev~loped in accordance with the City of Anaheim's Standard Detaii No. 122 For priv~te streets~ tnclud~ng installation of street name siyns. Plans for the private street lighting~ as required by the standard deta(1~ shall be subm~tted to and app ~oved by the Electrical Division. App roved private str~et lighting plans sh,~ll then be submitted to the Building Division fo r inclusio n with the building plans prior to issuance of buildi~g permi ts. 8/25/80 ~ ,. '1 MINUTES~ ANIWEIM CI1Y P UINNING COMMISSION~ AUGUST 25. 1980 EIR NEGATiVE CECLI!RAT10N. RECLASSIFICATION N0, 80•81• 3. VARiANCE N0. ;161 AND TF.IlTAT I VE MAP ~1F TRACT N0. 11178 ( CONTI NUE D) ~~ ~^_ WY~~~ 9. Thet thc owner(~) of sub}ect pro~erty shal) p~y thr. trafftc signa) esaosament f~e (Ordinance No. 3u9G) In an amount es Jetermined by the City Councii~ for eech new dwelling u~it prior to thc issuence of a bulldinc~ p~rmit. 10. That fire hydrants sh~ll be tnstnlled ond charged as requtred and determined to he necessary by the Chief of the Fire Dep~rtment prior to commenc~snant af structurai framing. 11. That thc developer shall enter into an agreement with the City of Anahnim pursu~nt to Government Cocie 65915 whicFi agreement sl~all be recorckd concurrently with o~ prior ta t~~e approval nf thc fina) mt+p and which shail provlde that 100$ of the untts shall be sald as lar or rroderatc I~com~ housing as defined tn Govcrnr~ent Code G;91; snd wi[h approprinte r~sal~ controls as approved by the Ctty of Anahclrn, Commissioner Hnrbst stated tt~is deviatton from City Codes is one of the steps being teken in the Clty ~f An~heim to r~ovide low cost housinc~. Tempora ry Acting Ch~irman Barn~s conplimented the developer b~cnuse 100~ of the unita wtll bc sold as affarct~~ble. Chai rman Pro Tempore 8ushore returned to the Counr.l 1 Chambcr. ITEt1 N0. 3 PU9l.IC NEI1p,1-ic,. Ow~~ERS: MIfNAEL NALIE~ ET AL~ R NEGA IVE DECLn MTtO~J 2GG1 East Ghapman Avanue~ Sutta 1~7, Fullerton~ ~ ~ ~ ~~ N , -g1-1~ GA ~2631, l1~~t~T: WILLIAM DIEHL, DOYER ENGINEERING CO.~ VARIANCE t~0. 3~ I!JL.~ I::O East Maln Street~ Sulte 110, 7ustin, T~t~'ATIVE MA~' OF TitACT N0. 1117b CA 92~~E'~0. Property describccl as a rectangula~ly-shaped pa~cel of land consisting of a~proxtmateiy 0.77 acre, having a froncage of app roximately 158 ftet on the south side of Savanna Strc•et. having a maxlmum de~th of approximately 213 feet and being located approximate~y 3~0 feet west nf the centerlir~e of Knott St~eet. Property presently classtfled RS-M43,000 (RCSIQEh~TIAI/AGRILUlTUP11L) ZQNE. RECLASSIFICATION REQU~ST: Rrr 30~0 (RESiDEtaTIAI, MULTIPLE-FAMILY} ZONE. VARIANCE REQUES?: (a) f11i~1~1UM LOT ARf.A PEFt OblELLIIJG UIIIT, (b) MNXIMUM STRUCTURAL HEIGNT~ (c) MAXINUM SITE CUVEM~~, (d) MIN~MUM LAt~DSCAPFD SC70ACK~ (e) MiNIMUM RE4REATIONAL/LEISURE AREA, (f} M1~1111UM NUM4ER At~O TYPE AF PARI:I~IG SPACES~ (g) RE~UIREO StTE SGRfEtalr~c. REQUESTEO TL"t~TATiVC MAP OF TRACT N0. 1117~~: TO ESTAtiLIStf A 1-LOT, 10-U!IIT COHOOMINIUM suoo~vist~a. There wAS no one indicating their presence in apposition to subject request, and although the staff report to tl~e Planniny Commission dated Au~ust 2;, 19F;0 was not read at the public haaring, it is referred t~ and made a~art oF the minutes. Bill Diehl~ stated thls proJecC has been redesic~ned and several of the requested waivers d~leted; that two units were eiiminated and more open spate provided for the occupants; and that a different parking eonfiguration has been provided, Ne stated the waivers necessa ry are basicatly the heiyht a~d setbacks because the proJect is adJacent to single- family davelapment. He stated parking spaces and oQen snace required have been p rovided. He asked that the condi tior~ requi ~ing rol l-up g~rage doors be deleted because the packing oonfiguration has been chang~:d. 8/Z5/80 k ~ ) MINUtES~ ANANEIM CITY PLANNING COMMISSION, AU4ilST 25. ~9~ EIR NEGATIVE DECLARATION~ RECL.ASSIFICATION N0. 80• 81-4r VARIANCE N0. 3163 AN~ TENTATIVE NAP OF TRACT N0. 11176 (CONTINUED) w Commisslon~~ Kin9 errived at 2s45 P~~~• ~ ~ (l~J~~v~ Chal rrnAn P~o Ter~pore f3ushare of fereJ a mc~t t on ~ se:canded by Commi ss I on~~ Fry and MOTI AN CARRIEU (Gommisstoner King abst~lntny snd Commissionar Tolar bcing abs~nt)~ chat thc Maheim City Plannin~ Commisslon has revfcwed the proposA) to rectassify sub,ject property fron~ the RS•A•1-3~On0 (Resldential/Ac~riGUltural) Z~nc t~ ttic RM-3000 (Residantial ~ Multiple-Famlly) Zon~ to establlsh a 1-lot~ 10-unit condomintum subcfiviston with wa(vcrs of minimum lot area per clwe111ny unit. maximum structurel hetght~ rnAximum site c~verage, minimum lancfscaped setback~ mininx~m recr~ationol-Iclsure ++rea~ minimum number and type of parking spac~s and required site screening an ~ rectangularly•shaped parcel of land cansisting af approxlnu+tely 0.'~7 acre, havlny a frontege of approxi~+tely 15S faet on the south side ~f Savanna Stree[, haviny a maxlmum depth of approxin~ately 213 fcet ar.d being loceted ap~roxirn~+tely 35o fcet west ~f the centcrllne of Knott Strect; and does h~reby approve the Negative peclaratlon from the requ) rement to prcpare an envl ronrc~ental impact repart on the basls that t~cre wuuld be no siyniftcant indtviduAl or cumulative adverse environrnental impact due to thc approval c,f thls Megetlve DeClarat~nfcgi~ntlal lanclcuses Gencra! P1an desic,~nates th~ s~ubJect propcrty for law•medlur.~ density commensurate with the propusal; tF~at no sensittve environmPntal Im~~cts are involved in the praposal; that thc Initi~~l Stucly submi[ted by the retiticm er indicates no signif{c~nt individual or curwlative adverse environrr~ ntol tmpacts; and thrt the Negative Oecler~tlon substentiating the foreg~iny finJings is on file in thc Gtty of Anahrlm P1Anntng Department. Chairman Pro Tempure Bushore offcreJ Resolution t1a. PC60-13~+ andr"1OcePetitlonsforssage and ad~ption that thc Annheir~ City Pl~nniny Corr,ission ckies hcreby g Reciassification No. SO-fl1-4~ subJcct to Incerdepartn~ental Co~rnittCe recortr~ndations. On roll ca11, the foregoing resalutlon was passed by the follawtng voce: AYES: COMP11551UNERS: 6ARNE5. kiOI:AS~ BUSiIORE~ FRY. HERBST NOES: COMtiIS510NCR5: N01~~ ADSENT: COMr~I5S I OI+EPS : ?AI,AR ABS7AI N: COMMI SS I Ot~CRS : K I Nf, PCB~-135 and moved for its pASS~ge and Chairman Pro Tert~pare Bushore offered Resotution No. adoption tl~at the A~aheim Ctty Planning Commisan~~~a eanhthcbbasisnthattdenialfwould'iance Nu. 3163, i n part ~ granti ng wal vers (a) ,(b) , deprlve the property of privilcges bcing anJoyed hy other pro(f;tan~"~9~ onethecbasisnthat elassificatian in the vicinity and denying waivers (c), ~~~, submltted revlseddeletind~Candltfon~Noai~ers and subJect to Interdepartmental Coma-ittce ~ecortm~ndations~ 9 On ratl call, ttie foregoing resaluti~n was passed by the fallowing vote: AYES: COMMISSIOrlERS: BARrIES, BOUAS~ aUStIORE, FRY~ HERBST NOES : COMM I SS I O~IC RS : NOt~E ABSENT: COMMISSIONERS: TOLAR AB57All~: COMMISSIO~tERS: KING 8/25/80 ~ ~ ~~ MINUTES~ ANA1":IM CITY PLANNING C~MMISSION~ AUGUST 25~ 19$0 80-i~84 EIR NEGATIVE QECLI~RATION~ RECLASSIfICAT10N N0. 80-81-4~ VARIANCE N0. 3163 AND TENTATIVE MAP OF TRACT N0. 111~ (CONTINUED) ~a rmen ra~fer~por'~'Bus~hor~ u~c~a e motion~ secondad by Commissloner Ne~bst and NOTION CAaRIEn (Commla!~~loncr King Abstatnlnr~ ancl Commisstoner Tala~• betng ~bsent) ~ that thG An~!l~etm Cicy Plenn(ng Conmisslun does hereby find that tha propo3ud subdivtslon~ togethor witt~ tts desigr, and Improvc ments~ ts conststcnt with the C1!y rf Mrhelm Gene~al Plan~ pursuant to Go~~ernment Cade Section ~61~73.,",; end cbca~ therefore~ approve Tentative Map of TreCt Mo. 1117+; for a 1-lot~ 10-unit condar~inium subdivislan~ subJ~ct ta the follc~wing tondlt~ons: 1. Thc~t th~~ ~pproval of Tentotive Map of Tract tlo. 11176 is grantad suSjeGt to the app-oval of Recl~sst fl .atic,n ~io. fs0-~ll-~~. 2. Thot should this subdivtslon be devclope~! as mc+re than ~ne subdivlsion~ osch suU~llvision therenf sh<~il be submitte~ in tent~tlve form for approval. 3. That ~ill lots wiihin this tr~~ct st,all br. sc~rveJ by unclergr~und utiltties. ~. That tl~e oric~inal clocurncnts hf thc c~venants~ e~nditlans, And restrlet(ons~ end a letter acictreasec7 to developer's tittr cc~rnnany authortring recordatlon tt~ereof, sl~ali be submitte~ to tl~c Clty Attorn~y's ~ffice And ap~roved by the Cttv Attorney's offlce an~ Engincering Dl~~isian priar to fir,At tract rn~p 3pproval. Said docurnents, as ~nproveel~ sh~ll be filed Anc: recorded In thc Offtce of the Orannc County Recordrr. 5. That strect nar,~es sl~:~ll be approve-J by the City Planntng Departmant pr(or to approval of a final cract me~~. 6. That tf~e c~wner of sub~ect pron~rty shall pay to the City of Annh~i~ the approprlr~te pArk and recrc~tion I~-licu fecs as determined ta hc approprlate by thc City Councll ~ s.~{d fer.s ta kc p~,i<t at the time the bui lding permit is issued. 7. That all t~rivar.e ~treets shall ~ar.. ,ievc,lope~ri in ~ccordance wlth the City af Anaheir;'s St~~nJar~i betall No, f22 for priv~ite Str~eecs, including installatton of street nar~c signs. Plans for th~ private street lic~hting~ as required by thc standarcl ~lecatl, shall be sub~~:~itc~~i ta and approved by che Eiectrical Divlsion. Ap~ruved private stre~t lic~h!ing plans shall then be submitted to the 9uilding Divtston for inclusion with c.he bullcling plans prior to issuance of bu(iding permi ts. ~S. That thic awner(s) nf subJect property shall pay ihe traffir. signal assessm~n~ fee (~~rdinance No. 3~~1E) in ~~ a~unt as determincd by the City Counti l, for eacli new dw~:liing unit prior to the issuance af a building pcrm(t. 9. if permanent stree[ name signs have not bcer~ installed, ter.~orary street name signs sh~~ll be installed p~iar to any occupancy. 10. That apprapriat~ water assessrr~ nt fees as detormfned by thz Office of Utllities General hlanager shail bc~ p~id ta the City of Anah~im prior to the issuance of a building permit. R/~StRn ~ MI NUtES , ANAf1E 1 M CI TY PLANN i NG COMMI SS I ON, AI~CUST 25 ~ 19~ 3~ 8~-WaS ITEM N0. PU4LiC FIEAR,INC. 01aNERS: CIiF.RYL JO MATIOCK~ 1821 NkGA IVE DECLAMTIb11 perby Street~ Sante A~a~ CA 92705. AGENT: LYNN L. C 1 N N0. ~81-' hATIOCK~ 1a?1 Ue~by D~ive:, Sants Ana~ CA 92105• ~ ~ ~~pT,~ Property d~scrtbed as an irregularly•shaped N V M N0~ 1 pe~cel of land consisting of approximotely 2.~7 ecres ~I~~~r heving a franta~e of appr~ximatoly 105 feat on tha r.- west sicia of aeach aoulev~rd, havfn~ a n~ximum depth af approximately h13 feat. and b~sinq ~ located Approx(metely G7~ feet sauth af tht cente~lln~e of Orang~ Avenue~ and further describ~J as G4g South EleACh Boulevarcf. Propcrty presently clas5ified RS~A•43,000 (RES i DE~ITI ~L/AGt~I CuLTURJ~Lj ZoNC. RECLASSI~ICATION ~,EQU~ST: R~r3oo0 (Rf.StG[11TIA-.~ ML~LTIPI.E•FAMILY) ZONE~ GONU1Ti0NnL USE F~RMIT Rt~~ucST: TO PCR-~IT A 6n-Uf~IT AFFOROABLE GOi~UOr~I*~IUM SU401VlSION. TENTATIVE: MI1P REQUEST: T~ ESTAIIIIS.i A 1-LOT~ Gn-UNIT AFFOROA9LL COrlDOMINIUM SUOQIVISION. Thcr~ was onc person {n~icating h,is qr~~s,cncc in ~pposi[lon to sub)ect rcqurst~ and althouc~h tl~e stoff r~,~rt to the Planr,inn CoMmisslon datsd llugust 2~~~ 1~60 wAS not read at the pub 11 c'~c~ari ny. ~ t 1 s referred to and made a part of t~~e mi nutes. Tam Mstl~c:~., Sund~y and Corr~any, ager~~, stated [hey arc roquesting increased denslty to const+'ur'° •:"ford~~ble conefomtnlums; th~~ he is cu~ren[lY lnvolved wi~h the Lounty of Orange on e s=~=~~ ~~~~a• pre~ject and is using Oran~c County bond r-~nlcs; that cherc is a strong posslk- ~~. ~c will be able [o get privc+tL fin~ncing with an insurance company and sewre bond ~~~-•~.s _x, ~~tinAnce this project alsa and if the bond manies are secu~td~ this proJeet w;ll 1~ '}1RE l~w-e~st housin~ and (f, in fact~ he do~s not receive the bond montes~ 47$ of thiR. ~°r:.~=a~~c*. ~~~~'il be offordable. Ne statcsd hc is tnvc~lved tn aifardable housing in other ava~ -~ t~,; 4bunty and does like thnt m~7r~:et; that this is a~cwd lacation because there a:r~; *ea~~rs =t-opping center5. bus transpartation ava(lbblitty and coc~merclai reereationa) f-~c-' ~-:w~~~s. a~jacent at the present time and a ~ublic p~~k wlthir~ i.~h miie of the site. Ne y:t~.: *~y are provicii~g ac~ult and children r~crcaticna) areas within the proJect. T~=~r~,~l~. NEARIi~~ WAS CLOSEI3. Chae'n~m Pro Tempore f3ust~ore stated these wi 11 bk [hree and fou~-bedraom fami ly units and h~ aar~ wncerned about t~e nun~bcr of pArking speces. t3s~!n 5~erer~ Assistant Planner~ explatned 3.; spaces per unit are required In thc RM-3000 n~e .and the num~er shown i s tf~c total requl rcd, t nc 1 ud I ng the tandem s~ac~s ; and that a ~i-~r wi 1 1 not be necessary. L~u!noissir er Nerbst wa~ cr~ncerned abaut th~ parallel parking shown behind the garages~ i~r~iicati~:g he would have serious dc~ubts a6out parking his car wher~ vehicins woutd be b~cking out of their 9aragcs. Mr. Matlock explalned they will provicie private street standarcJs. t1e stated he could eliminate tho3~e spaccs, but wouid need another varien~e. Ile explained some of the s~aces are definitely tandem spaces for the same household so the occup~nts would br parking behind thei r own vetii cle. Commissioner Barnes felt the project ts averbuitt and she did not like the tandem pa~ktng. Shs unclerstood Khe developers interest ln warking with thc County to provide affordable housin9. She askeci tf the ~~7$ to be sold as afforda6le units is with or wfthout County flnancing. ~ r ~~ ~ ~i MiNIlTES~ ANANEIM CITI PLANNIIVG COMMISSlON~ AUGUST 25~ 1q80 80-486 EIR NEGATIVE OECUIRATION, REI:LASSIFICATION N0. &1-81-5~ CONOITIONA4 USE PERMIT N0. 2101 AND TENTATIVE MAR OF TRACT N0. 11211 (CQNTINUED) Mr. Metlack stated hc will p~ovidc ~+7$ regardless of the financtny. but with County flnencing ar if he can put together a bvncl (ssue tha* wlll encompass this project as well at ane aiher proJect h~ Is workiny on~ the entl~e project will be salci within the affordabl~ ranye. Commtssioner Barncs stated thc only thing that bothers her ts the tandem perking; that 29 u~it~ wau1~ narmally b~ permitted a~.- E~ unit~ is twice rs many as permittod end she wondered if thc City will bcnefit with the tr~de-off of 47$ affordAble housing as opposed to thls high dcnsity. She indicatcd she woutcl not opposa thc density if the entire proJect is afforclsble. Mr. Nattock stated if t~e cic~es nc~t c~et the bond money he will h~ve to flnance the project or abs~rb the surcharg~ and Inte~rest rates. H~ stAted [here is a Code requlren~nt that tf driveways are. over 15Q feet (n lr_ngth~ all thE driveways havr. to be subtracted from the gross area and thAt by ,just dividiny the gross prop~rty by RN-3n~~~ ~b untts woutd be permittecl and lie woutd aprroocl- thc proJr.ct In ~i cnmpletely different manner because he paid a~ extremeiy hiql~ price for thc land. 11e stated there was a proposad st~eet next donr and ;~e was su~e he could get to~e[hcr with thc a~i~ncent property owncr so they would not lase 1/3 of t~~e property. Chairman Pro Tempore Dushorc aske~~ if any recre~cional areas are proposed tn addition to thc pool for chil~r~~n to play sinr.c the ma)artty af these units are three bedrooms and wo~lci be occupled by families wtth chll~fren. Mr. Matlock seated there will be a recreation area in conJunction with the paoi area; that th~y h~ve we11 in excess af 1/~+ acre and explained the recreational areas are not shown on tt~e plans bec~~use they have nat really gotten that far with the dtyign. Ne potnted out there is a public Park an ~range Avenue and the child~en wautd not hove to c~oss any mojor i-~~Cr~c;~tiw~. Chairman Pro Tempc~re Bushorc liked the fact th~t [hese will be large f~mily units~ but wanted to be sure the p roJect i. not goin~ tc be overbuilt in the name of low-cost housing; and stated he wanted a tiualltY product. Mr. Matlock stated his company would be willir~g to as5ume property manager.K:nt of the property; that he and his partner both have experience putting a pro)ect on the market that is available now and knaw there a~e problert~s with some peopie who do not have tlme to maintain their property because usually the two or three party househoids are all working to maintain the inco~:~e necessa ry to own one of the untts; that they have incorporatad into the CCGR's restrfcti~:~ns that all public aress~ open parking spaces, etc. will be part of the common area and ~vill be maintain~d by th~ manageme~t company. Ghai~man Pro Tempore Bushore cla~ified that the petitione~ agre~s to comp~Y wtth the raquirernent to enter inta an agreement aith Housing and knows the selling prices are set and Mr. Matlock repiisd he is familiar with all the requirements and is wllting xo comply. Co~ronissio~e~ Barnes was sti t 1 concerned about the tandem parking spaces and Ct~al rniat- Pro Tempo rc Bushore explained the~e is no request for ~ perking variance beceuse this action is being handled thraugh the approval of e candjtianat use pe~mit. pointing out the previous request was handled with a zon~ change with variances a~d this request is enother step in etiminating nome of the requireR~ents. Commissionec Barnes pointed out according ta her caiculations~ tha project ts shart 54 parking spaces and ~t was clsrified by ~~udehthe'ta de~n~p~r~Cing~spa~asthat the 156 parking spaces ahown on the p1aa ~aes i g/25/80 ~ " ~ . __ _.. . __.. _ ~.___..___~~.~...~.~.....r..r~.....r.rinuarr..~aeN~YLl61.1YYL'Sti'SiL:fillf~:4S1'!1'~'~~ ~ ' ', MINUTES~ ANAHEIM CITY PI.ANNiNG COMMISSION~ AUGUST 25~ 1980 80-487 EIR NEGATIVE DECLARATION~ aECLASSIFICATION N0~ 80-81•S~ CONDITIONAL USE PERMI7 N0. 2101 AND TENTATIVE 11RP OF TRhCT M0. 11211 ~CONTINUED) Ch~irmen Pro Tempore Bushore stated he had misunderstood the prevlous explenatl~n reyerding the number of part.ing speces ond he does have a problem wtth the request; that ho wants ta c~eate the l,~rgc 3~nd ~i bc~frooms affordable units~ but same uf the famllies will I~ave m~re than two cArs and there will be a need for the six recreattonal vehicle parking spaces anJ to put thut ~~x+ny peo~le (n thts many unit°~ he thought would croatc r p rob 1 em. Nr. Matlack stated they spent a lot of time coming up with this pro)ect; ~hat they have done other proJects which have b~en approved with cons(derable less perking than this and expletned ~ot r~~ny fanflies will qualify In the affordoble range who heve three vehicles ar recreati~nal vel~icl~s an~ thc recreational vehicle spaces were provided tn ordar that the pra,ject woulcl meet as many codes as pnssible. Commissloner I:ing asl:ed tf smaller vehicles were considered In planning the parking~ not(~g sn~all cars are bc:cominy ~rore pc-putar. I~r. Flatla~k stated they dicl meec with stAff from varlous City departm~nts and did mak~ the recarwnenckJ ch~ne~es; however~ I t was everyone's understanding tl~at the reqv) red perking spaces are one size; that hc would be happy to reduce the size for smaller vehicles and could prob~bly acl:f ten spaces. It was clarificd tt~at i.G parking spaces per unit are pr~videcl and Annika Santalahtt~ Assistant Uirector for Zoniny~ suggested if the Commisatan vt~.wrs the proJect favorably~ that thc tendem parkin; spaces could be assic~ned and handlec~ through the CC~R's to the i ncli vi duai unl ts wl~ere they are located. Choirrian Pro Tempore 6ushare stated large famllies~ as they get into home-awnership, tend to eccumulate more t~ems ancl may want to use their garages for storage ~nd park outslde which will put an adcJttional impact on the drea. Mr. Matlock stated outside storage wili be provicied for each untt for Gxtarnal storage. Ne referred to a proJect in Gypress.. (Tanglewoc~d) which has thESe sto~a~: units and it is far above thc avcragc market value and cbes not even have garages. He felt thts will alleviate the problem of occupants usiny their ga~ages for storage~ except in extreme cases. He felt there will be sufficient storage and pa~king for the average household. Chalrr.~an 6arnes stated she wouid have no quarrel with thP shortage of 54 parking spaces if there were no tandem spaces. Mr. Matlock stated if lie had to ellminate any units to p rovide parking. he would approach the project diff~rently; that they are preparcd to go ahead with the prnject nar~ but he would not design a proJect that is a"sure loser"~ explaintng Lhe raw land cost is $17,750 1f developed for Gn units~ plus approximately 56.5~0 off-site costs ~nd $;3.00 a square foot to bui Id the uni ts. Chalrman IPro Tempore Bushore ~ecallyd the changes to the condominium ordtnance requiring 3•5 parki~-y spaces per urtit were made because of the problems in the canyon orea with much more affiuent families who had more vehicles. tle felt this proJect is only 25$ less than what is nnrmally requir~d which is fairly close. Ne potnted out the proJect app roved prio~ ta this one was to proviae affordable housing fo~ sn+all familtes and this p^oject will provlde affurdable housing for larger famities. He felt this proJect must be watched closcly sr~ that any miatakes can be corrected in the future. Cornnissioner Nerbst had no problem aith the tandcm parkin4 as long as the the spaces are assfgnecl to the accupants of that particular unit. Ne suggeseed the parking couid be A~~e~stn ~~. MINUTES~ ANAH~IM CITY PLANNING COMMISSION~ AUGUST 25~ 1980 EIR N~GATIVE D:CLAFUITION, I~CIASSIfICATION N0. $Q-81-5~ CONDITIANAL USE PER111T N0. 2101 ANO TENTATIVE MAP OF TRACT N0. 11211 ~ ..,....~_...~. .~....~.~...~....~.~..~.,.~.~ , .,1 80-++88 (CONTINUED) inc~ense~l provtdin~ s~~r+x s~eces for compoct ar sub-con~,act vehicles. fle notecl ~~tudy Is currently beiny uncfertakon which shows some cities ellow up to 40$ for smaller cars. Ne steted hc reallzes th~ C.ode only edJresses cm r. size perkln~ sprce. but felt smaller space~ would hrlp the situation especi~lly aince cara Ar~ getting small~r. Ghatrman Pro Tempore Bushore sugqested e cunditlon be added thnt a certatn number of the open speces be deslgn~ci for smoller cArs a~d that r ~estriction be added to the CC~R's that yerag~s r+~ust ba used for ~arking or thet thcre has to actually bc room In thc ga~age for two c.~+rs, Jack Whtte~ Assistnnt City Attcrney~ steted th~ CC6R's Imposc lintt~+tions on the uses of the property okher th~n mAinten~nce an~ he saw no reesan why A condttton coulci not be aclde~d. Commissfoner Herbst s[ated he fives in a ~~atlo-hame tyne prU~~Ct and the CC~R's reflect the accupants must pn~k (n thcir gnr~~cs and must hnv~~ a sep~~rnte pcrmit to be able to perk in th~ oncn snaces. Mr. 11at~nck tndic~~t~u he would stir~ulare to addin~ such a requircment to the CCtR~s. Comr~-issloner t3arnes fr_it to pr~vtde nffordable housinc~ in thls instance~ certain varEances Are necessary. She stated shc wnulcS want to review tt~is praJect before approving any similar requcsts. A1 Pain~~ owner of a business at 711 South Qwacti t3oulevard~ stated the eastern portion abuts tiis b usiness and thc staff report lndl~ates no block wall is proposed surrounding the {~ropcrty ~na he was concernecl that it w~ulrf t~e left opcn for expos~re to hls buslness. He stat~ed he was require~f to put a six-fc~ot nlack wel) araund lils busi~css on aroperty two hunctred feet away. Itr. MaClock steted there; ~,~il be a fenGC and it wtli definitely be masonry abutting the eommerctal uses~ and vcry likcly r+~sonry all the way around. ACTIOt~: Comrnissioner I~erbst offered a motion, secnndrd by Commissioner King and MOTI~JN ~i EU (Gommissioner Tolar being absent)~ chat the Anahcim City Planning Commlssion has reviewed the proposal [o reciassify subJect property frAm the R5-A-k3,000 (R~esidential/Agricultural) Zon~ to the RM-3C00 (kesicknttal, MulcipirF'amily) Zo~e to permit a i-tot~ 60-unit afforclable condominlum proJect on an irregularly-shaped parcel of iand consisting of approximately 2.87 acres~ having a fror~tage of approxim~tely 1Q5 feet on the west sicia of Beach aoulevard~ havinc~ a rtu~xlmum deptt~ of approximately b13 feet ar,d beiny lou+ted approximately G70 feet south of Oran~e Avenue; and does hereby approve the Nt~ative Declaration fron~ che requirement to prcpare an envtrunmental tmpact report nn the basis Chat ther~ wo~ld be na sis,}nificant tndtvidual or cumulaclve adverse envir:rnsiental impact du~ to the approvai of thia Ncgattye Declaratlon since ehe Anahelm C~neral Plan designates the aubJect pr~operty far generei cornmerci~l and/or nbdium densliy ~esidential land uses con~nsurate with the propesal; that no sensit(ve environrt~ntal impacts art involved in the propasal; that the Inltiai Study submitted by the peittione~ lndicat~s no ~tgnificsnt indivtdual or cumuletive a~iverse enviranmental inepacts~ and thst the Negative Oeclaratior~ substantiattny the fo regoing findi~gs is an file in the City of Maheim ~la~ning Qapertmcnt. Comnissio~er Herbst offared Rasolution No. PC6f1-136 ~nd moved for its passage and acbptlan that the Anaheim city Planning Commiasion does hereby g~ant the Petitt~~ for Reclassificat~~n Nc. $0•81-5, subject ta Interdepartmental Committea reCOmmendations. 8/25/$0 ~ MINUTES~ ANAHEIM CITY PLANNING COMMISSION~ AUCUST 25~ 1980 80'W89 EIR NEGATIVE DECLARATION~ RECLASSIFICATION W0. 80-~1•5~ CONOIt10NAl USE PERMIT N0. 2101 AND TENTATIVE MAP OF TRACT N0. 11211 (CONTINUED) On roll call~ the fore~oiny resolutlon was passed by the falla+ing vote: AYES: C0~1t11SSIANERS: DARNk.S, aOUAS~ UUSIIORL, FRY~ 11CRQST~ KING NO~S : COMMISS IONCRS : NOt~E A9SE~IT; COH~1) SS I ONLRS : TOIAR Comm!sstonar ~lerbst ofFered P,esolutlon No, PC80-131 end mc~ved far lts passege end adoption that thc Anahelm City Plenning Commission does hcreby grant the Petition for Condltional Usc Permit ~~o. 210'l on thc basis that tl~c pctitlon~r stipulet~d to provioe t'encing around the entire property ~nci tti~t an adcittlont~l stipuletion shall bc t~ddad ta the CC~R's requirtny the tandem perkin~ spaces sholl be A4SIc~~1C~ to the occupants af that pa~ticular u~it and that yara9es sh.til) bc used for parking AnJ permlts renuire~i for parking in open spaces anJ that the devcloper shal) enter into en nc~recment with the City af Anaheim pursusnt ta Governnxnt Code Section G;~1;, which agrecment shal) be recorded concurrently with or prlor to the approval of tl,c final n:ap ancS wt,ich shall provlde th~t 47~ of the untts sf~nll be sold as low or modcr~te Inr.c~r.ie housing es deflncd in Governrt~nt Code Section G~,91~ a~d wlth appropriatc resale conCrols as approved by the f.ity of Anaheim~ end sub,jecc to Interde~~rtnxntal Commlttee recamn~enclotions. On rall call. thc forcgoing resolution wos ~~assrd by thc following vote: AYES: CO-~NISSIOr~~,RS: UARtlCS~ aQUAS~ Bus-iOaL~ FRY~ ~~[RaST, Y.i!iG NOCS : CONMIS; ( ONI:RS : NQt{C ADSCIJT: COMMISSIOtIERS: TOIAR Commissiancr Nerbst offcred ~ motion~ seconde;.1 by Comntssioncr Elarnes nnd MOTION CARaIED (Commissloncr Tolar bein<~ abscnt)~ that thc Nnehetr; City Rlanning Commtssinn does hcreby flnd that the {~rapascd subdivlsion~ tagcthcr wlth its de~lyn nnd (mprovanunts. ls co~sl~tent with thc C(ty of Anohelm Gencral Pl.an~ pursurnt to Govc rnment Cade Se~tiun 6G~i73.>; anJ daes~ th~reforc, approvc Tentativ~~ Map of Tract No. 11211 for n i-lot, GO- untt affordablc oondon~inium subdivision~ subJect to the followfng condltions: 1. That should this subdivisian be developcd as nx~re than one subdivtsion, each subd(vlsion there~f shal! be submicted In tentative form for approval. 2. That subJect pr~perty sF~all be s~rved by under~~ound utilities. 3. That the owner af sub~ect p roperty shall pay to the City of Maheim the appropriatc park r3f~(I recreation in-t~cu fees as dctcrminrd to be apprapriatc by the City Cuuncil~ sald f~es to be pald at che tlme the butlciing ~trmit is tssued. 4. 7hnt the original cbcuments ef th~ cQVenents~ condittons~ anci rastrictions~ and a i~tt~r eddresscd to developer's title company ~uthortzing recordatto~ the~eof~ sha~l be submitted co the City Attarnesy's office and approvad by the City Attorney's office and Engine~ring Dlvision priar to flnal tract map app rovel. Said documencs, as approved, shall be filec: and recorded In the Officr of the Oranae County ftecorder. 5. 1'hat dretnage of subJect property shall be dlsposed of tn e n~anner saCtsPact~ry r.n tt~a Ci ty Enyineer. 6. That sLreet nemcs shell be appraved by the Ci~y Ptenning Departmadnt prior to approvel of a fin~l tract n~p. 8/x5/~ _.~ ~ r MINUTES~ ANAHFIM CITY PLANNING COMMISSION~ AUQUST 25~ 1980 8A-490 EIR NEGATIVE OECLARATION~ RECLASSIFICATION N0. 80-81•5~ CON~ITIONAL USE PERMIT N0. 21p1 AN[~ TENTATIVE_ MAP OF TRACT N0. 11211 (CONTINUED) ...~.. ~Y.._._...._ 1• 'fhat alt p~tvat~ stroets shal; ba develope~.f in acc~rdance with the City of Anahelm's Standard Dotail Nc>. 122 for privete streata~ tncludtng installatlon of sira~t namc si~~s. Plans for thc private strnet lighting, a~ r~qulred by tho standard detafl~ sl~all bc aubmitted to and approved by che 9uildtng Oivlslon for incluslon ~ith the bu(ldtng plans prior to issuance of building permita. 8. If permanent strc~~t name si~ns h~ve not been installed~ tem~ora ry street ne-ma signa sh~ll bc Installcd prlor to eny occupency, 9. That the c~wr~er(s) af subJoct p~operty st~All pny the trefflc signel ossessment tee (Ordinance Ilo. 3fl~G) in an nmount. as determtned by the Clty Counctl~ Fqr each new dwcll(n~~ unlt prlor t~, thc Issuancc of ,~ buildin~ pcrmtt. 10. That ft rc hydrants shall be instal lect anc! chnrgud as requ( red an~ determined to bc i7c:cessary by [hr Chief of the Fire Oepartr~ent prtor to corxn@ncement of struct.ural framin~~, 11. Thac thc url g I n,~ 1 Jc~cun~nts of any nroposccf covenant~ ~ cond I t ions ~ and restrictions shnll include nssignnrent of trasf- enclnsures to cMrelllny untts (wl~crE (ndlvlJu~l pick-up is not pr~vid~~f) pcr r~qutrernents of the Streets and SonltAiton Uepartn~ent. iZ. Thac tha dCVC1q(~ef sliall entcr into an igr~cnent with thc City c~f Anahelm pursuant co Govcrnmer.t Cod~ Saction (~;'~1;~ wi7irh agreement shall be recorded concurre~tly with or prior ca the app~oval nf tlic final map and which shall proviJe that ~~7~ of thc unJts shall bc sold as low or m~deratc income housing as defincd tn G~vernment Codc Seccion l,;!~1; and with appropr(ate r~sale controls as ~pproved by thc City nf M ahc(m, RE~CE_SS There was a ten-minutc recess at 3:2~i p.m. RECONV„~E, The mee t i ny was reconvencd at 3: 35 p. m. I TEM N0. G PU4L I C t~~AR I!iG. OtdNCRS : lEONC 10 T. LAUREL, ~T AL~ R~EG11 IVE OECLARATION 2~ Bull Run~ Irvtne+ CA ~z71G. AGENT; RICNARD H. N . -81-f. STROtIC, 1576 West Kateila Avenue~ Anaheim~ CA 92a~2. Patttioner requests that ~roperty described as a rectanyulariy-~hapcd parGei of land conslsting app m ximatety 1.3~ ecres~ hav(ny a frontagr of approximat~ly 190 feet on the north side of ICr~teila Avenue~ :~aving a maximum depth of epproxtmately 310 feci~ and bting locate~ epp roxirt-~tely y00 feet wrst of the ctnterlire ~F Qa~less Street~ and furthe~ described as 1515~1595 weat Kaeella Avenue be r~classtfied fram RS-1Q~~~G {pCS1oEN71AL~ SINCLE-FAMlLY} ZONE TO CL (COMERCInL, LIMITEG) t4NE TO COIJSTRUCT AN OFFICE BUILOINC, Thare waa ane ~rsan fndicating his pres~nce in oppasttion to sub)ect raq uest~ and although the st~sPf report to tha Planniny Commission ciated f~uguat 25, 19$0 was not read at the publlc hta~ing, it ts referred to and rnacie a part ot the minutes. a~xsiso ~~ MINUTES, ANAHEIM CITY PLANNING COMMiSSION~ AUGUST 2S~ 1980 EIR NEGATIVE DECIARATiON AND RECLASSIFICATION N0. 84•81•6 (CON7INUE D~ 80- 4g 1 ~Ick Strong~ agent~ stated thc reque~t (s for rezoniny ko Commerctal~ Limited In order to bui Id o 32,004 square foot office bul iding; thrt Commarci~i ~ Limt ted Zcminn wss •ppravad in 1~G~. but the owner did nc~t complete thc conditlons; and that anather request for e rr~otol was denled~ Joe Bry~-nt~ 1>R2 Sumac~ stat~cl I~e has no r~bJection to thc propcrty beinc~ developed tnto ~ommerclal c~ffices; that In 1~79 thc nelghbors prescntcd petttlons with 19 signstures opposing o mot~l nnd restaurnnt; tl~at they arc no~! looktng to thc Pla~nin~ Commla~lon to roqul re the 24•foot lAndscape buffrr aciJacent to Chelr ~esicientir+l property. lie stated thQ n~ighbors Are also cone~erned about a 42-foot high but lcfing with wtndows facing nertF~ towards thelr ~roperty overlcwktn~ thelr bAC~:yArcls. He cxplrined they onticipste some probien~s during constructl~~ of tl~e underyround par~:ing~ but bnsically are concerned about the landscap(ng anJ windaws. Mr~ Strony stmted the df ~~gtny wi 11 bc min~r and wt ll only Inst for a short r+h( le~ 11e stated he w~uld I 1 ka to m~i ntal n the pmpos~d ~~' 1/2 faot lendsrapecJ buffer bacause they will constr~ct a block wall all thc way around. No cxt+laincd thc winda~rs facing north can be ellminated. Ti~E pu~~ic -~c:nrti,~~ wns c~oscu. Conmissloner Narbst fcit che Pl~nning Commfsslon policy req~e{~Inn a 20-foot landseape buffer to protect the residentlnl nciyhborhaod shoul~ be upheld; thAt he felt the 2~-Poot driveway can be reduccJ to 2r~ f~et AnJ the buildinq moved forward to provide the 20 feet~ Ne felt it is important to protect the resiusntta~l n~ighborhood f~on autonnbiles And notse wlth propar scrcrning and hc sew no reason for an axception 1n this sltu~tlon. He -ike d the desiyn fpr the h~eiylit of thc buildin~ whtch is stepped up. Chatrman Pro 7empore 6usl~re pointed out the condltions cf ~pproval requlre that any parking a~ea lighting st~ali bc down-ligh:iny af a~~xinum hcight of 12 faet~ dtrect~d awey from resickntial areas. He askecl tl~r petttior~r to stiputate to eliminate windows facing north and asl:ed if hc rrnuld consider sf~ifting thc butlding forward to provicie tho 20•foot wtde len~zcopc~ buffer. Eldon Davls~ architect, explnincJ he had trted to provick an adequata number of parking spaces Ancl has shvwn a sep~~ation with tr~cs and felt rather than Just dlst~nca, the type of landscaplny ts more important and stated they weuld llkc to uonpromise tn order to kcep the parking. Chal rrnan Pro Tempo~e 6ust~ore sta;ed the 1s•1/2 fe~t v+i 11 be reduced by the type of car parked thert a~d he did not fecl tre:cs wl i i total l~~ accampl ish what is trying to be accomplished; and thnt he do~s not want ia sen a cantlnuance and asked the petitioner to stipulot~ to provldi~g the 2~•foot buffer and ellr~inating the vrindows. Commissia-~er D~tnes stated the 32'feet of landscaping and 28-foc~t driveway laok ~ice f rom the straet, but sh~ w~s -~re concer~ec! about the ~tlghbo~a at the rear. Mr. Davis askecl if a compromise eould be reachecf for sn 8-foot l~ndscape buffer. 8/25/~0 ~ MINUTES~ ANAHEIM CITY PLANNING COMMISSION, AUCUST 25~ 198~ 80'W92 EIR NEGATIVE DECLARATION ID R~CLAS51fICATION N0. 80•81-6 (CONtINUED) Chalrmin Pro Tempo~e Dushore stot~d the p~ople hurt by ~+ compromisa wauld be those property awners behtnd the pro,ject a~~d the Conxnisston has learned th~eugh experience whst compromtsns they cnn rtk+ke; that the Cummisslan would like the 20-foot heavily lundscaped buffer with the front portlon roducecf~ pointiny out tt~ore are landsceptng methods to eccomplish tho same :.~ffcct as wanted witPi the 32 feet. Conr~issinnor Herbst f~lt Chc 2~-feet should be malntelned because the property cawners descrve the protection; anci that the petitloner knew the poltcy whcn the plans wore drawn. He statecl ~ buffer is not only for nalse~ but also gas fumeg. He felt the 2A-foot buffer tan b~ E-rovi r1e~l~ even thnu~~h he rec~qnized the hourS of opcratlon wi l l not ba severe. Mr. Oavis contended hc woulri llke tn sre a trede•off wlth better landscapinr• Instead of Just distancc. Chnirman Pro Ter-~ore Dushor~ stated the Cammtsslon c~n act on thn plan, with the stlpulatlc,ns as thcy see necessAry, lie recallcd chere haa been a lat ~f oppoaltlon when the motel was pro~oscd. He felt this is a much better usc for the praperty. He steted a cantinuance c~n be given in order For the ari~IicAnt to revise the plans or stipulattons tan be m~dc by the rrtici~~ncr ~nd stnff can h~~nJl~ the revislons. Mr. Strony w~s c~nccrned ths[ t~~~~ builJln~; site would h~+ve to be reduced and Commissloner tsarnes cIt d nat feei tt~e bui 1 Ji nc~ s i zc wi I 1 liave to be re~uced because 1 t can be moved forward a~c1 Mr. Strcm~~ thouyl~t son~e parking apaces w~uld be losc. However, he stipul~ted to submitting revised~plans incorpo~ati~g the 20-fc~ot buffer, ACTION: Commissio~cr Narbst offercd a motiun~ secondoJ by CoMmisslancr Kl~g end ~10TION ~0 (Cormiissic,ner Talar bcin~ abscnt). th~t thc An~heim City Planntng Commission has revlewcd thr. propos~l to reclassify subJect pro~erty f~om the RS-10,000 (Residenttal, Singlo-Famlly) Zone t~ the CL (Cor.mercial. Limlted) Zone to construct an office butlding on a rectanyularly-shap~d p.ircel of land consisctng of app roxiru~tely 1.}y acres~ having a frnntage of ap~roxii~etcly 1~~ feet on the nnrth side of Katella Avenue, having a max{mum depth af approximately 5~0 fcct wr.st of thc centcrline of paylcss Street; and does hereby approve thc No~ative Declaration from the requlrement to prepare an envlronmental tmpact report on thc basis tht~t tt~cre woulci bc no significant tndividual or cumulative advarse envirun~~ental trr~act due to the approval of chis Negative Doclaration stnce the A~aheim Gene~al Plan designates the subject property for convnerctai professional lond uses commensurate with the prapasAl; that no sensitive environn+ental impacts ar~ invulved in the proposai; that the inittal Stucly submitt~d by the petitioner indtcates no significant indivi~iuHl or cumutative adversc enviranmental lmpacts; and tf~ac the Negative Deciaration substentiating thc forcyoiny findinys is oi- file in the City of Anaheim Plan~ing Depa r trr~en t . Cacnmissioner Herbst offered itesolution No. PC~-13~ and moved for its passage and adoption Lhat the A~aheim City Planniny Coinnission cioes her~by grant Petitlon for Reclassification No. 30-F~1-G. subject to the petitloner's sttpulation that revised plans sha~ll be submitted for Plenning Commissions review and ap~roval praviding a 20-foot landscaped buffe r sdjacent tu r~sidentiai properties ta the north ard no wtndows facing no~eh and subJect to Interde~artmental Gammittee recommcndatlons. On roll call~ the foregnlny resolution was passed by the following vote: AYES: COMMISSIONERS: BARNLS, BOUAS, BUSNOaE~ FRY~ HERBST~ KItdG NOES : COMI01 ~S 14NE RS : N~t1E ABSENT: COW11,iSI0NERS: TOLAR o ~er /~n ~ ; ~ MI NUTES, ANAHE I M C I TY PI,ANN 1 NG CONMI SS I ON. AUGUST 25. 1980 80•493 ITEM N0. PUBLIC HEARIIiG. OWNERS: AEtBEY SERVI CES CORPOftAT10N~ • VE DECLARATiON P~ 0. Box 295Q~ Ndwport Deech, CA 926G0. AGGNT= r~v o~ usT"`~a rovo CEORGE W. SEIT7. AIA, INC., 180x~-A Skypark Circla~ N0. 204 Irvine~ CA g271~+. Petttloner ~eque~ts DELf.T~ON re~ vert s~d OF COtIDI TION N0. 1 OF PC RESOlUT10N N0. PC79•z3~ PERTAINIt~G TO STREET IHPR~VEME~ITS ON LENIS STREET on property clesc~ibod as an Irregularly-thapnd p~rccl of lnnd conslsting of approximate~y 17.0 acres~ havtny apAroximate frontac,~s of 500 fe~t on the southw~~e side of Nenchoster Avenue and G90 Feet nn the east slde of Lewls Street~ and bQiny loca~od epproximately ~00 feet south of thc centerline of Oranc,~ewood Avenue~ and further described a~ 2303 South Manchester Avenue (Melrose Abbay)~ Property presently classified RS-A-43,000 ( RES I DENT 1 AL/ACR i CULTURAL) ZO;~E. pET IY I ON W 1 THDRAWN. ITEM N0. El PU~3LIC H~ARIt+G, 04lIIEItS: AOLtEY SERYICES CO~PORATION~ it N G IVE LECLARJlTION P, 0. Box ?.~5~~ New~ort Desaeh, CA ~2660. Ac~ent: VARI CE N0. 31 ~~ fCORGE w..SEiTl.. AIA~ It~C.~ 18023•A Skyperk Ctrcle~ ~i~.rr ^ Irvtne, CA 9271~+. Petitlaner requests NAIVERS OF (a) N I N 1 MUM LOT ARC!- Ati~ (b) MI N I MUM YARO SET~ACK TO ESTAO~IS~~ A TL/O-LAT SUBDIVISION on propcrty ~lescrlbed aa an Irregulafly-shaped parcel of lond c~ns(sting of approximatcly 17 0 acres~ havtng Ap~roximatc frontages of y00 foet on the southwest siJe of Manchcster Avenue and G~~ fect on thc east sicie of Lewts Street~ and betng loeateJ approximately ~00 fe~t soutt~ of the centerllne of Orangewoc~d Avenue, and further describeJ as 2303 South Nenchest~r Aver~ue (Nelrose Abbey). Property pr~sently classificd RS-A-43~000 (R~SIDEPJTIAL/AGRICULTURAL) ZOt1E. it wa~s notad the petitio~er has withdrawn the petitlons for CondiCinnal Use Permit Flo. 2043 and Variance ~io. 31fi9; thr.refura. no Actton is rcqutred by the P' nning Commission. 8/25/80 `J MI NUTES~ ANANEIM CITY PLANNING CQMMISSIO~~, AUGUST 25~ 1980 i30•494 1TEI1 N0. PUOLIC NEARI~IC. OWt~ERS: At~Al1EIM pUSINESS CE~dTER~ P~ 0. 1 G RICAL EXCMPT IO-I-CLASS 80X 1~077~ Sa~ta A~a~ CA ~12711. A~ENT: WiLLIAH a. . QUEStICLI~ C/0 AMERI CAN NAT I ONAI. PRQPEaT I ES ~ 1805 EAST pYfR ROAD~ Sults ~~05~ SAr~TA At~A~ CA 927Q5. Petitloner requests WAIVERS OF (a) PCR~IITTEO LOCATION nnd (b) MAX1f1UM NLIGIIT TO PERPIIT A FREl.-STANDItIG SIC1~ o~ prope~ty describ~d ~s en irreflulerly- shaped pa~cel uf lan~! consi st 1~~g of appraxin~ately 12.3 ac~o:~ located at the northwest eorner of Cerritos Avenue and Anahcim Doulevard haviny a fro~~t~ge af approxtmataty GOQ feet on thc west side ~f Maheim 6oulevard~ havin,y a maxlmuM o,zpth of approximet~ly 1145 feet, and beiny locAtec! ~~rproximately 676 feet south of the center) ine of Midway Drive. P~operty prasentiy elassi fled CL (COM~~CRCtAI~ LIMITCD) 20NE:. Ther~ wns no on~ InJf cattng thrfr presence tn oppostttun t~~ subJcct rcqucst, a~d although the staff report to che Planniny Commissioh dated Auctust 2y~ 1~A0 was not reed at the publtc heartng, it is referred to encl made a part of the minutns. E3 i I) Quesncl l, agent. explai neu American Naclonal PropPrti~s h+9s rssumed responsibt 1 ity for this property; that thr.i r property Is on ihe north and the Toyote dtalership is on the south; that thc forrner ~wncr obtaincc! o Gonditlonal use permtt fer two monument signs for the Anaheim Toyota dealershi~,s; that when tticy acquired thc propcrty end developed IL~ Ar~aheim Toyota accoss was closed ~ff~ howevcr, the Qut Iding Departrr~nt indlcated no di rectionn) slgn woul d be pcrmi tted for AnAhetm Toyota~ result(ng in thls praposed ple~ of "pigyybACkin~,~' on their si~n, but the s(gn u~ntractar was told a walver would be necessary. He noted the problcm is that access to the automobile ciealershir to the sc+uth hes been cut off anct thel r access is tl~rou<;h the cul-de-sac. He steteci the automnbi !e dealer needs eertai n exposurc for cus tome rs betausc the s t tc i s betaeen Qa11 R.oad and Kar.e 11 a Avenuc, He statc~i in Addition, tMey have hed three requests fror~ tenants wanttn~ Meight 2xpc~sure. Geo~ge Ch i 1 i us ~ re~re sen t i nc~ M~ahei n Toyota, stateJ they spend a loc of manr.y I~ ~tdvertisiny~ cspecial ly at niyt,[ ii~ order th.~t nrosnective eustorners wi11 bc ab:e tn find the faci l i ty. Ile fel t tl~e ~ iyR w! I i hovc a ini~ irrel impact on the surroundi ng area. TlIE PUOLiC NCARI;IG WAS CI.OSCO. Cor~rnissioncr Kinc~ as~:ed 1f tt7e iarcr•~ power pole !s in ehe way and Mr. Quesnell polnted out the siyn loc.~+tion on the plr.n and also the locac.io~ of the ~ower pole. Commiss ioner ~arnes Mcas concer~ect that the ow~ers of the mobt le home park wss nati f led but not the individual residc:nts and sr~e felt !here could be a rea) problem with the ligF~ting of tf~e sign. M~. Quesnel 1 potnted out the vacant lat whi ch i s tri anguiar shaped to the north and pointed uut otl~er businesses in the arca~ and notPd there would be approxi-nately 100 feeC between the s i gn and rob 1 1 e home pa rk. Ghairman Pro Tempore 6ushore ssiced if the height of the stcin con be raduced by 3-1/2 feet to aonferm to Code a~d Mr. Quesnell repl ted it couid. Commissioner Barnes asked if the siyn could be pl~ced on th~ south side of Cerritos Avenue and Hr. Quesnell ~ointed out Building No. 3 would screen tt~e sign. 8/25/SO ~ MIIIUTES~ ANANEIM CI'tY PI.AI~NiNG COMNI551QN~ AUGUST 25~ 1~30 80•495 EIR CATEGORI~AL EXEMPTION•ClASS } ANO VARfANC~ N0. 31Gb (CANTINUED) _~ . ~~_ Gommtssi~nor Kinc~ potntnd out there is a sign acrost tha strect at leASt 30 feot nigh and it v+as ~oted thet that ilyn hed been in existcnce b~fore the sign ordinenca end that the petitlaner has stipulat~d ta rcducing tha heic~ht of tha stgn. Comm(ssion~r Na~st stated thu Clty was olate~i whcn thts proparty end the Santa Ana Freawehr accu~s were Improveci enJ that improvement creeted better ctrcutation~ but dtd bio~k act~ss to this busi~~ess creatfng a hArdsl~ip. Ile dld not think the slgn would create an advers~ ir~act nn th~ area. (Comretssianer t:lnc~ ogreod). Mntka Sdntalal~ti~ Asslstant Dtrector for ~onlny~ stoted AnaF~elr, Toy~ta currently I~es a numb~ r of s 1 gns on the p ropc rty wh i ch cio not c.omp ly w i th Code and the C t ty has been aware of th~ situetir~n~ but have waiCed fcr tl~e rasults of this request to t~ke actfon. She •sked thet a conditlon bc acfdc~! requlrtny t~~at ~~I1 nn-site signlnc~ be brought Into conformante by tlie tli.~e t-,cy caet thelr flnal Ins~+ectlon. Mr. Chilius stated anott~cr variance Is being processc:f for onr tree~siancling sic~n around the carner anc! near tha f recw~~y. He di d not th tnk i t has t~ny i mpact on the area. Chalrman Pro Ter~pore Uuslx~re expla(neJ the (llcgal signs beiny refcrred ta are some wanden signs placeJ on thr prope~ty line and Mr. Chilius re~~liecl he w~uld see that those ere removed. (t was nota~ thc Planning Qirector or his authorized representatlve has determined that the proposeJ proJect falls within tlie definitlon of Catec1arlcal Exemptlons~ Cless 3~ as defined ln paragrapl~ 2 of the City af Anohcim Envlronmeniaf tmpncL Renort Guldellnes and (s. therr~~re~ c~ategnrically ~xempt fror~ the requlrement to prepare an EIF{. AC71A~~: Commissioncr Nerhst offered Resolutlon 'k~. PC30-13n and mnved fo~ its passage and a~on thet the Anahcim City Planning Cor,n~lssion docs herelry grant P~tit~an for Variance . 31GG~ in part, denyiny waiver (b) on the basis the pctltlaner scipulated at the publlc ~~ea ri ng to reJucc tlic he 1 ylt t of tf~e s 1 gn by 3-1 /2 feet i n c~n formance wi th Code and granting waiver (a) cx~ thc basis Ct~at thc improvement of Cerritos Avenue and the Santa Ana Freeway access created a harcl5iiip and subJect tu petitloner's sttpulatlon to remove all non-conforming ai~ns from thc propcrty at this locacion~ and sub,ject to Intcrdepartmentai Committee recommendations. On roil call, tlie foreynir~q resolutl~n was passe~ by thc followtng vote: AYES: COMMISSiOtICRS: BARI~ES, 90~AS, BUSIIORE, FP,Y, IIERE35T~ KIIIG NOES: COMNISSIOt+cRS; NOIIE ABSEt~T: COMr1155tOtIERS; TOL~R 8/25/90 ~ MINUTES~ AHAHEIM CITY PLANNI~l~ CONMIS510N~ AUf,UST 25, 19R4 80-4~G ITEM N0. 10 PUEiIIC -I~ARII~G. OW~JEaS; MICIIAEL R. AND LINDA A. ~~~~VE DI:CLARATION IINFORD~ ~311 Lomri Avenue. V111a Park, CA ~126G7. 0. 20)~+ AGENT: G. L. 9AKER~ 1C74 Santa Cruz Strecc~ Anahnim~ " cn ~2~05. Petttioncr roqucats permtsslon TO PER~IIT A~~ CXTCPJilNl1T1NG SCRVICE IN THE ML ZONE on property descrtbed as ~ rnctengUlarly-st~apcd parcel of lancl conslstin~ of approxirnately O.;C' acr~~ hwvlt~c~ a frnntAC~e of approxlnu+te~ly 10~ feet on tha east side of Santa C~uz Strect, h~ivlny e mnximum ckp[h of ep~~roxlm~tcly 1Gf1 fACt and belnc~ located approxin-~tely 3~~ feei north of the ce:ntcrline of Paclflco Av~nue~ and furlher described as 1~7h Santa Cruz Stre~:t. Pr~perty presently cl,~ssifled Ml. (INUUSTRIAL~ LII11TEl~) ZOfIC. There was no one indtcatiny their r.resencc in oppnsition tu subJect requcst~ and althouyh the s[aff repo~t t~ th~~ Plannln~ Comrntsston datcd Au~ust 2~. lg~ was nr~t re~d at the publlc heariny~ ic ts refcrr~d ta and macle a part of thr minutes. IC was noteJ the Petitluner was nat present. TIIC PUDLIG HkARI1+G WA5 CLOSLJ. ACTION: Con~nilsslonr~ Darnes offered a motion~ secon~ieJ by Corxritss(oner K(ng and 1~IOt1 C/'+RP~ILD (Carr»issior~er Tolar bcin~~ absent)~ that the Anaheim City Planning Commission has revi~~v~J tt:e p~npasal to pcrmit .~n extcrmtnat(ng scrvlce (n thc Ml (Industrial~ Lfm(teJ) Zonc on a rect~7yul~~rly-shr~pc~1 pa~ccl of land eons(stin~ of approxirr~tely O.j~ acrN~ havinu a frantac7c of aprroxlMately 1~~ feet on the cast slde of Santa Cruz Strec;t~ having n ntixlmuci d~pth c-f aparoximately 1G~ feet ~nd be(ng loc~ted approxiir~ately ~CO feet nc;rtFti of the cen[erlinr of Pacificlo Avenue; and does hereby approve the IJegativc DCGI3~~'1tlOn fror,, thc rcqutrement to prep•~re an environr;~ental ir~pact repnrt on the basis that thc~e would be no sfgntficant individual or cumulative adverse environrientai Emp~ct due to thc approva! of this Neyatlve De~:'.+ratian 5ince tt~e Anaheim General Plan clesiyn~tes the subJect propnrty for general 4 i.tustrial l~nd uses corxnensurate with the proposal; that r-o sensitive environmcntal irnpacts arc tr~volvcd in the proposal; that the Initial Study submitted by the petitioner inciicates no significant indivlciual or cumulative adt~erse environmental inpacts; ancf [hat the I~egative De~lAration substa~tlating the foregaing fincfings is ~n filc in the: Clty of I'.n~l~eim Planning Qep~~rtmcnt. Cortmissiuner darnes o"cred Resolution t~o. FCB~-S~-~ and moved for its passage and acioptto~• " t tlie Mahein City Planntny Conr,,isslon does hereby gran[ Petition for Condi[i ~:~sc Permit Plo. 20~~~~ sub,ject to Interdepartmentai Committee recomr~~ .. . . ' ~ns . On roll c:all, the foreyoiny resol~~rlon waS passec! by the f~llo~,:~;.y vote: AYES: CQh1ftI5510~tER5: aAR~~CS, ~~UAS~ t3USrlOP.E~ FRY~ NERBST~ KI!JC NOCS: COMM15SIb11ER5: f~ONE AaSEtiT: COP1f11551 QtlEP,S : TOLAR 8/25/80 ~ j MINUTES~ ANI1NEiM CITY PU1fiNING COMMISS101~~ AUGUST 25~ 19~ a0-491 I TCM 110. 11 P UBL I C tICl1~! I tIG ~ OWNE RS : W I LL I AN 0. AND DARtIARA l.. ~"j"R' CA~ T~CCp~;f.Al. ~XENi'TI011•CLASS 1 wIIITI~~ P. 0. 6ox 1bG, Ahwehnee, CA 93601. A~Er~T: + ~~j . M ~~ ~ PEUR~ RODRIGUEl.~ 1513 Fast La Pt~lma Avenue~ An~helm. ~ ' CA '12"(1~. Petitloner requests permisslon to PERNIT Otl-S11LC OCC~t AFID WINE 1~1 All EXISTiNC aESTAURANT IN THE CL ZOt1E on property Jescrlbed as a rectangularly-shoped perc~l of land conslsting of approximatcly 1.?. acres loc~~tcd at thc northanst corner of La Palma Avonue and Acacia Street, havin~ ~pproximote fr~ntage.s of 300 fcet ~n thc north si;}c of Le Palme Av~nue anJ 170 feet on thc; e~~st side of „f Acacia Street~ anJ further descrlb~d as 1~13 East Ld Pai-~a Avenu~ (La Pl~~yit~ Mexlcan Restnurent). Proparty prascntly classified Cl (COMIIERLIAL, LIMITEU) ZONE. There wAS no one InJicatinet thcir presence in 4~~ositlon to subJect request, a~d elthough thu stPff repart to thc Planniny Corxnlssion dt+tccl Au~~ust 25~ 1~A0 wAS nat rnad at the publlc I~eariny, It ts refcrreci to ~inct made n pa~t ~f the minutes. DI11 Whitl~~~ awnr.r~ ~nd Peclro Ro~lriquez~ a~tent~ wcrc present. Mr. Whitla explalned at one tl rnc tt~r. re I~a~1 bec~ op~s i t ton to e r~staurant becnusc ~f a~+enny arcade s Ign at thls loc~tion and everyone had thought it w~+s ~oing to bc ~~ dance hall. Ne stated ~Ir. Rodrfquex has ~p~rated a restauran[ In AnahclM f~r thc l.~st three years (the La Peria) and ht~s had no vinlations; thet thc subJcct u Is n family-ty~e ~estaur~nt anJ t~~c 1 icensc ap~~l fed fnr wi 11 be becr an~i wlnr. served wi th fciod and no danciny and il wi11 not bc a bar. TtIE PUBI.IC tIEAR111G Wl1S CLOSED. Commissioner Fry a5ked about thc baarJcd-up rr_st•~urant on Che end and Mr, Wh(tla expl~tned that 15 a Thai tand-typc restaiirant ~nd is nc~t hoarded up and he has explained to the operatars that it appcars to bc baarded up~ but the tnside IS reatly nice. Commt ss i oner Ile rbs t s t.~tFd th i s p ~operty i~~s 6ccn bc fore the Commi s s I.~n many t i mes and due to the fact thcre are school children wl~o w~lk In the area. there has been a lot of c~ppositi~n to a Iic~uor sales aperatlon. Nc stnted he dor.s not object ta the usc~ but if it does create a~roblem ~s far as drunked~ess~ etc.~ the permit can be terminatccl. It was not~~! tiie Planniny Director or his auth~rized ~ep~esentative hAS deterrn(ned that the pro~-os~d pro~ect f~~lls within the defl~ftAnahelr~CEnvi~onn~entalei~mpactSR~epo~t Class 1~ as defined in pa~ac,~rapl~ 2 ~~f the City Guidelines and ts~ therefore, c.~+tegorfc~~lly exempt fr~m ch~ requirement to prepare an EIR. >CTtOH: Comr~~Tssioner Kiny uffered Resol~tion No. PC80•141 and naved for its passaqe anc~aaop.ion that thc Anaheim City Planniny Corrnission does hereby grant Petitl~n far Condition~l Use Perr-tt Nn. 2101~ sub;ect to I~tc~rdepartmenta) Commtttee reca~nendntlons. On roll call~ the fore~~oiny resoluti~n was passcd by the follawing votr.: AYES: CONMI SS I OtaERS : BNRPlES ~ fiOUAS, BUSNORE ~ FRY ~ NERaST, KI NG FiQES : COMt11 SS 1 f1NGFtS : f~~i~E puS~tn: COMraISSIaNE~S: TOLAR S/25/~ ~r. MINUTES~ ANAt1EIM CITY PLAl~NING COMMISSION~ AUGUST 25,~ 1~Q0 80•498 ITEM I~O. 12 PUULIC NCAfl111G. QWNCpS: RICIIARD AND ELSI C MACKENS~N~ ~1~ICAL EXC~IPTION-CLASS 1 3~7 Wcst Clncin~at l~ Apnrtment N 4~ Ld~ Vec~es~ ~ . Nevacla, F,9102. AGE~~T: DANIII.D MARSNALL~ 3~1~ Eest ~~w • ~iw ~ r~ w~~~• Llncaln Avcnue, llnahelm~ CA ~2805. Potitloner r~uests permi ss 1 on TO RETAI t~ At~ AOULT a00K STORE t-~ TNE Cc zONG on {,roperty clesc~ibed ~s a r~ctonc,~ularly-st~ened ~~rcel of land ccroststing of approximately 2oG; squ~arc Fec h~yviny a front~~~e df approxi-hatnly 21 feet on th~ snuth side of Llncoln Aver-ue~ h~viny tt mAxinium depth of ep~~rnximately 135 fect~ and beiny locAtad approxln~tely i1J feet east of thc cente.rline af Philaclelphla Street~ ancl further described as 314 EASt Llncoln Avenue (Gon's Garcle:n of Cden). Nroperty presently classifed CG (CO-1MERCIAL~ GENE~L) ZO~;C. There wns ane p~r~on (r~elic:~tting hls ~~resence in o~position to subJect request. and altl~nugh the staff rcpnrt ta thc Pl~nnin~~ Corm,ission d~ted August 2;, ~9"n was not read at the public hcarln~~~ It Is rr.fcrred to and r.wdc ,i ~~~~rt of thc ~(nutes. Stanley Zirx~x:rrnan, attr~rncy~ stated h~c had givFn Jeck White~ Asatstant City Attorney~ a copy ~f r~ p~pcr !~e preparr.~! basec{ on the format of the requcst far waivcr and copies were diatributed t~ thc Corm~issi~~n. Ile state~f he has son~e reservetlons about ~he legalitles anJ constltutiun~711ty oF the adult entercainmeni c~r~iinanc~ recently adop;ed and was p~epared to 1 i t i~at~t~ i ts Ic~~~~l 1 ty, but thR: Courc ord~red them to come back and camplete thc adrainistr~tivc pr~ces5. Nc scacc~i n~, woulcf bc h~p~y to dl!scuss thc possib) l ittes by which the petiti~ncr coulcl conttnue to operate I,Is business. tle refe;red to the special ord(nan:e recently a+lopted and stite~f he felt the crux of the matter is the r~lt~tionship betwcen thc petitlancr'S situati~n anJ [hc reas~ns thc specia) ordin~nce was odop[ed and felt ~.~utiing aside the canstitutionally of thoprd(n~nce ancf Jus[ talking about what they fecl ma;cs ic pc~ssfblc for thts requcst fo- ~n adJustnknt~ that the petitioner fs a unique nperacor of an adult bookstore in this City and is, as far ~s they know~ the only operator of an aJul t boc-kstorr i n th i s C1 cy ; th~t hc: I s n loca 1 bus i ne~ssMan and has been a member of [hr: Junfo~ Char~bcr of Corx~~erce; that he has operateJ a bookstore approxtmately 16 years~ and [hey c~nnot fin~1 anythinr, in thc history of his ~peratlon that would suggest 'hat C!ti(s sinyle b~wE,stor~ has given rise to the ctrcumstances wliich might properly c.oncern the City ~-f Anal,cin~ tn general with res~~ct to adult entertainment businesses. He state~ ii may be that thcre is a leyitir,-a;e ba~(s for the Ctty to be canccrned about a fiood of adult entertaii~r.~ent business~s affectiny the neighborho~d character of the CTty, bo~t this i~ nut Che sltuation herc; [hat ttiis is a person ne.ding a permit because of a ~0-foot move which was~ f~om a bustnessr~n's point uf view~ forced on the petitioner because of the hiyh rent bciny charged after the enactment af this special ordinance and if he haJ nat moved thc 40 feet, was sure this request wauld not bc before the Commission and tf~c t,se prob~Giy would liave bcen grandfathereci in, but because of this 4~-foot move, the Qetitianer is required to qo through this ;~rocess. Ite felt tf the Commisslon considered ~r~~ntinc~ tliis roquest~~t would no; Infringe on the general strategy to assure that tf~e locatlon of adult entertainment businesses tn the City is controlled or would not set a precedent wliieh anyane else could r.~eet because there are not any other 1G-year bookstore opcrators in this City selling aclult materials. Mr. Zimrnerman stated the petltioner feels that hts rr.cord of cooperation wlth local law enforcement and public officials has ~een very good and there have been no violations and na occt+sian for violations in an indus[ry where that is not always the case; that this industry brinys w(th it th~ possibility of violattons simitar to e ltquor store and there have been none as far as thcy are aware in the 16 yea~s of operation. ka felt the polnt is that except for a ti~-foot r~ve~ there is an adult bookstore here which is a long- standing b~slness which has been managed in a way not to call forth the kind of deteroriation or conflict or violations which occasioned the enactment of the specia) adult entertainr~ent ordinance. He scated the petitione~ is willing to agPee to any 8/25/80 ~" MINUTES~ ANAHEIM CITY PLANNING C~MMiSSION~ AUCU5T 25~ 1960 80•499 Ela CATEGORICAL EXEMPYION-CLASS 1 N~0 CONDITIONAL USE PBKMIT N0. 2103 (CONTINUED) ........ .__..__...__ .. _.-. - reos~nable condittons to contlnue tha oper~~tion of this ~stablfshmont; that there ere~ ~f cour~c~ people who obJcct to the contents of the matorlals which he selis and wlthaut gatting Into the icgA) Issues~ he ts tryin~ co set) thosc mAtcrlels and be responsible end supportlvG to the conxnunity. Ile statc~i tl~ey wou1J As4: Ct~c Conxnlssl~n to conslder tha roque=t on th~t hasls ~in~f est~~bltsh a set of condltions whith would help assure thet the ~per~tlon will be handled In a ~esponslbl~ rwnner. Gearhe Gi l,~qre~ 31~+ South East Strcet, An~rtr,~nt ~lo. ~1~ YtAtcd he whel~heartedly supports the st~ff repart; th~t tie is a cittaen of the Clty nf llnaheim nnd Is AssoclAte Pastor of Anah~tm ~aptlst Church ~inct tt~orefare rerr~sc~ts that constituency, as well as the members of AUC Christlan Schc~ols ancl Anaheim Da~tlst Ac~~d~my. Ne stAted evcn th~ugh todey in the le~~islative bndir_s in America the Scrirture cio~~a not hold r+uch weic~ht es an argument~ he belleved hr. wr>ul~l be a betr.iyer tn hi~ ~hilosphy anc! his causc by not inter.jeeting it at this tirx~; th~~t the Scrtpturr. teaches us th~t rigf~tcnusness ex~~lch A natinn~ but sln is a reE~roach on ru~ny ~c~~rlc nnJ hc dld no; bellr.vc Lhe fou~ding fathcrs of thc Untted States of Ameri ca 1 ntencled to sup~+ort 1 ewd conduct and a) l ty~e; ef 1 r+xr~r~ 1 t ty as guarantced ( n the first amr.n~fmcnt. tle b~lieved~ al[hou<~h ~ur socir.ty h~s prog~ess~d or dt~ressed~ to tf~r. ~int whcrc~ we ~re now~ the Clty nf An~~h~im Code has atter-~pted at Ie~fst to try to protect th~ cltiacris ~f Lhis Clty of thcsr G.inds af ~ncrr~ti~ns; thercforc~ he belleved that thls ty~e of establishrient is a cilrect vic,lati~>n or Scri~~turc~ ~ut even if ;cripturr ts noc constdcrr.~c;~ hr b:~lieved it ls a vic~l.~tion ~~ mor.~ilty. lie r~ferred to lndtviJuals cor:~fny out of th~ estalishmeitit rcacfinc~ thc i~~t~rials .~nd bellevcd thcir incentions tn be sonewl~at different th~~n wli~it they we~c when they went in. I~e st.~ted ~pcratinq a ChurCh within thc 10~10-foot t~arricr~ chcy hava thc opportuniCy to observe thc pc~~~~ W~ c:c~nx~ ~ut of thcrr.. and the ch i 1 clren that pl ay i n f r~nt af the s to~e and th~ ~-, I 1 dren that r~vc baek and fortii wl thin tl,e bour,darics of tt,at locatlan~ so t~c bel icved fr~m a~r,ar~i paint ~f vicw, the use is iri vic~lation to wliat he wnuld ccrosl~ler to be American iraditiona) rtarality. I~e belleved in relationshl~~ to the st.~ff report that it fs in violAtian to all thr~e parts of the City Cocic~ even thc,ugh the staff report indtcat~s :t 1s +n vinlation of two an~i pointed ~ut i[ ts in vlol~~tiun of the other secttan becausc tt is w~thi~ 1~00 feet of p local church, Anahein, Uaptist Church locete~i at 3~5 Ca3e arr,adway .~nd ABC Ch r i s t i an ~r.t~uo 1. Mr. Gilmore stated t~e Cnuld noi relatc the Jisgust they feel wlicn facr.d with what Ithey finJ in papers whicl~ in a winclstorm ~~re blown ayainsc thC cyclone fence which the kids are pulling out, ancf the r-~pers ore a product of the theatre and the hookstore. He stated th~ey finci crawded concfitions with parkl~y alresdy because of the theatr~ r~nd the parking ~s tf~e resuit of the bookstore acids to the conclestlAn~ as well. He stated they are glad there is a cyclone fence when they see sur-x• of Che Indiv(duals coming out of that place. He believed the -ne is a violation of wisdom because of the children that are accessible to perverted intentiuns of those leaving the establtshment. tie l~elleved also that there is a yreat crime link to pornography~ even though it becomes v~ry difflcult tc~ establish specific cases~ he believed that th~: findings af those who have done a numbc:r of research articles and have spent great hours researching this~ are substantial enough to realize th~k perhaps a number of problem5 which may exist in thfs City. as far as crime are cance~ned~ may be traced back to that point. fle be:lleved there is an attempt to clean up the ir~age or do+~ntown Anahein and negative (mpressio~s should not be left. He felt on the basis that this use is in violatton of the Scripture, the rtwrality~ the City Codc anci of wisdom, that the Commission should sup~ort the flndings of the staff report and cieny the request. M~. Zinma rnian s~ated the opposition had voiced many philosphi~s and poi~ts of view and he would nnt respond. 11e stated there are no parking problemd in the are~ and he wes not aware of any violations. He did not beiteve the bookstore puts out any writtan material 8/25/80 'l. MINUTES~ ANAHEIM CITY Pi.ANNING COMMISSION~ AUGUST 25~ 1980 $0-S~~ EI., R CATE~~ORICAL EXENPTIIiN-CLASS 1 AND CONDITIONAL USE PERMIT N0. 2103 !CONTINUED) that wc~utd be dlscorclcc~ by patrons to be eccesslble to the children. Neither he nor the owner wQre awere of any studies mede of tf~is areA which would ahow th~t thts pa~tlcular boc~kstoro is causiny A ckterlarotion effect. fie stated he understands An ~dutt bookstore causcs special ~roblcr«s, but this cstabltshmcnt only r~ovoci forty fect and dld not chanc~e the nature of thc business. I~~ dId not tlilnk the acfult enttsrtainnxn~ ardlnance was adopted to drive out eve ry adult ~ntertatnmenc f~cllity in th~ Clty And Felt it would be hard to Ir~p1y 1~ these unique clrcun,stAnces that thts mAn's business (s causing a problom. TIIE PudLIC -iCA~~tr~r, uAS CL45EG. Ghairn~an Pro Tem~orr pushur~ ~ointc~f out thc CocJc says no conditiUnal usc permtt shall be granted for ~~n ~dult cntcrtainr.~ent busiress if the use (x within certain distances ~f churches~ res(denttal usc Ur uehcr odult entcrtalnr~ent business, sa It would not be appropriatc to yrant this rc«ucst. Jack Whtte~ /lssistant Ci~y Attorney~ expl.~Ined thc oricifnal a~rtlet+tlon was fllnd in Hay 1~79 an.i was Jeniccl by the Planning Conx~tssic~n ana the petitioner failed to pursua the m~ttcr to thc City Council, Subsequcntly~ zoning enfortement ~Ction w~s init(ated to enforce corr~lir~ncc with Cc~de re~~uiremen[s. In Decamber 1~17? thc Ctty Counctl adopted Chopt~r 16.2~ of [hc 1lunicip~l Codc whi~h is f~~r -:~dul t entercainrx-nt busin~sses and imposes d( fferent i initations upon the Corm~iss(c~n and Counct 1 in arder to grant conditlonal usc pe~m(ts an,l tha ordinance w~s not in r.ffect when thi~ ~ppltcatton was originally hc~~rd ,,~~d at ;hat time (11ay in7~) thr ~nty criteria was to abtc~In a condittonal use permit. The Dacember Codc enactc~ent put in thc rcquirr.r,cnts thnt this pe~tiCUlar type of usC could not obtain a con~fitionai use ~rrrnlt If IocAted within certain distances of resld~nt(al uses~ churches o~ ather .~dult entertainr~ent bu~inesses. H~ st~ted from the testinqny tieard tr~uay~ this ~,~rticular application vfalates all ttiree, and there i~ no p rovi s t~~n ~lh ( eh wou 1 d cnab I~~;,., P 1..~~~~ i~;y wi~NUf 55 i On o r C I ty Counc t 1 eo ~rant a pcrmi t~ notwithsta~ding any dther prc,visians of thc~ Code. Ile dtd not see from a lega) standpoint hav the Comrn~~siun has any JurisrJictton tc~ ~~Pint tl~c perr~it and tt~is matter wts apparer~tly referred to ths City by the UranJe County Muni~ipal Court by ~ Judge who felt this was the way td try and resolvc thc problcr~ and recommended the petitioner submi~ a new application. He sugyested thr request be denttd on the grounds that Approva) of the ine at the subJect location is a violatlon of Maheim Municipal Code Sectton 18.89.030.020~ because the pro~erty is locateci within ;~4 feet of resiclenitally zoRed property; within 1000 feet of a church and euucationai tnstltutian utiltzed by minors and wtthin 1000 feet of another aclult entertainment business. It was notcd the Plannin~7 Director or his authorized representativc has determined that the proposea proJect falis within tt~e defin(tfon of Categorical Exempttons~ Class 1, as defined in paragraph 2 af the City of Anaheim E~vironmental Irapact Report Guidelines and is~ therefore~ tategorically exempt from the requtrement to prepare an EIR. ACTION; Commisstoner Nerbst affered Resolution No. PC80-142 and moved for its passage and a-aoptTon that the Anaheim City Plan~ing Commission does hereby deny Petition for Conditionai Use Pe rmit No. 2103 on the basts that the requested use et subJect lo~atlon ts a violation of Anahetm Municipal Code Section 1II.og.030.0207 bccause the proprty is located within 500 feet of r~•sidentially roned property; within 1000 feet of e church and educattonal (nstitutton utilized by mfnors and within 10~0 feet of anothcr adult entertainment business. On roll call, the fore~otn~ ~esolutton was passed by the following vote: AYE5: COMMISSIONERS: 8ARt1ES~ BOUAS~ BUSNQRE~ FRY, NERBST~ KING NOES : COMM I~S I OtlERS : NONF ABSE~lT: COMMISSlONERS: TOLAR ~ MINUTES~ ANAH~IM CITY PLAkNING COMMISSION~ AUGUST 25~ 19ap g~.5p~ E1,,,~ R CATEGORICAL EXEMPTION-CLASS tANQ CONDITI~NAL USE PERMIT N0. 2103 (C(1NTINUED) Jack Irhite. Assistant Ctty Attorney~ presented the petitione~ with the written right to appeal t~~e Plsnning Ccmmf~sion~s declelon withln 22 days to the City Councll. Mr. Zlmmerman esked tt hls next step should bQ ~ request to chenge the Code~ ~ather than to appeal end Mr. White explatned the next step should h~ the apneal process. 1 TEM N0. 1 PUAL I C HEAR I Nr, , OW-iERS ; LARRY R. A~tD JtiD 1 TN I. SM ITH ~ ~ ICA1, EXEMPTION-CIASS 1 1704~, Ma~ine 9ey Drive~ Huntinatan Beach~ CA ~ • 92fi49. ARENT; ~EORG~ ANp WILLIAM NiCN01,5, 5732 ~ Edward Ware Clrcle~ Garden Provr.~ CA ~2~45, Petitloner requ~sts permissl~n 1'~ Pf.RHIT A PIIBLIC ~ANC~ HALL IN THE CL ZONE on property desc~ibod as an irregularly-shap~d p,~rcel of land consisttng ~f approxlmetely 1.F acre on property located north a~d west of th~ nerthwest cerner ~f Bal) Road and Knott Streei hev(ng approxim~te frontt+qes of 2~ f~et ~n th~ north slde of Ball Road and 17~ feet on the west sid~ of Knott Street~ havina a maximun+ dept-~ af appreximately 3q0 feet~ and further ciescribe~l as ~1^ South Y.nott Str~et. Prop~rty prese~ntly classlfled CL (CAMMERCIAI.~ LIMITEDI ZONE. There was one person Indicetin9 hrr prr.sence tn ~~posltlon t~ subfect reouest~ and a~ltheugh the staff report to the Pl~nning Ccxnmission dat~d Au~ust 2~~ 1'~9~ was not read at the public heartng~ It ts r~ferred to and made a pert of th~ minutes. George N(chols~ partner~ stat~d they curr~ntly hrv~ a dininq/c~~,ncinn nermit; that they bougfit the bustness 1~ wecks ago and f~od wa, not serv~d t~nd r-c,st ~f th~ kltchr.n equipment is no longer the~e. He explafned there has heen ent~rtalnn-ent hut no cov~r charg~ for th~ past three or faur ye~rs. Fie expl~ined the Zoning Enforcrm~nt 0«Icer had Informe~d them they wouid need a permlt for a public danca ha11. Ne stat~d thpy ~lan te mak~ cl~anqes inslde and remodel the fecllitY. Joyce Keetet'~ 716 South K~mm~re~ o~ner of the ~lnlon Servlc~ Stetton at Kn~tt and Ball~ stated they hav~ been In t~uslness st~c~ 19~~1 and had very little vanc~allsm or any other prohldns until 1977 when the dlsc~ was estah~tshed on suhJ~ct prooerty and then they had a parking problexn he.cause the d(sco patrons parked !n all the nav~d spac~s~ plus the unimproved area and on the station pr~p~rty and the inehriet~d ~etrons wc~uld run their vehicles Into the service station huildlnc=, gllce the gasollne pump hosps and hli th~ punic~s. She stated when the gasol ine tank~rs mr~d~ ni~ht del iverles, the!y could not get to the storage tanks hecause vehtcles were parked over them. She did not want to be burdened wtth that type prehlem agaln. Mr. Nichols st~ted they dld not operate this esLahltshmcnt a~ that time and the operatton wiil contlnue as tt has be!en for th~ past 3-1/7. years; that th~fr reque~t hastcally Is to eliminate the food op~ration. He dtd not knoar anythlnq eheut the v~ndallsm referrtd xo end felt they witl heve a clean place bec~use they have heen tn the husiness for a long timc. T~~E PuBLIC HEARINr, WAS CLOSE~. Cnmmissloner Herbst asked the capacTty of the buiiding after the re~d~riing ts complete and Mr. Nichols replfe~ presently the butlding will accommodete 97 people and will acc~xnnodate 120 after completton. Coimitsslon~r Herbst v+ss concerned about the estabiishment heinq open until 2:On a.m. a~d Mr. Ntchola expiained there is s bartender a~ duty durinq the day and u~derstoocl wlth a dance halt permit~ they c~uld ope~ate untll 2 a.m.~ and explained the b~nd would begin playing about 9 p.m. 8/25/80 . ~~ ~~ i ' ~-w,, ~ ~:~ ! . ~, MINUTES, ANAHEIM CITY PLANNING COMMISSION~ AUGUST 25~ 1980 n0-5~2 EIR CATEGORICAL EXEMPTION-CIASS 1 AN~ CONDITIONAL USE PERMIT N0. 2104 (CONTINUED) Commtssloner Herb~st asked the aqes of p~ople atte~ndinq end Mr. Nichols replleA the p~trons wt11 be over 21 years old and there wll) be a doo~man on diitv to check teentificatlona and he will be at th~ d~or~ and wili telephona the police if he sees enythina geing on in the psrking 1ot. Commissioner Herbst palnted out this type of estahlishme~nt d~s attraGt teenagers and It cen becane a qathering place fur then+. Mr. Nichols st~ted they a~e not tryinq to axtract t~en~~e~s; that riqht now the ltcense r~quire~ that patrons he 21 yea~s old; and they want te ettrrct 2~ years ~f age or older patrans and do not reeily w~nt the young~r crowd. Commtasloner Herbst asked what typ~ of entertainment ther~ rmuld be other than s band and Mr. Nichols stdted if they get the permit~ thare wlll be a shc~w an~ the person they h~v~ bohn warking with Is c~xning f~em l,as Vegas and puts on ~ shew with n-usic and talktnq and )olcinq with the sudtence. Commissloner Herbst felt this wi11 be a nlghtcluh w~th pntertainment. W) l l lam Nlchols stated he end his brother own the Fr~nc-+ Quart~r; that the formesr cri~mer lied to them and told them there was f~r~od there~ but the City ~f An+~h~im did net force them to sell food; that he and hls hrether have nev~r been involved in th~ food bustness; that tha 2oning Enfo~cement Officer totd htm s puhlic danc~ ~e rn+it ts r~qulred; Lht~tthey appited to the Alcoholic Beverag~ Control @oard for a'4R' llc~n~se which means no one under 21 years old can come Into the facillty; that they operAt~d anether nlqhtclub in Culver City for etght years end hsd e good record; that they rrant to have a niee niqhtclub and have asked the paiice to drive through th~ parking lot reoularly. Mrs. Keeter steted she has n~ quarrel with the re:stau~ant, hut ailowin4 anetl~er use would create a problem; that she want down Ssturday night to see the perkinq situat(on and at 10:30 p.m. there were 57 ca~s in the parktng lot; and she was concerned that allowinq a dance hall wiil c~eate the ssne probldn she had in the past. Wlillam Nichols~ state!d he and hls brother standing ~t the d~or esn se~ the statton. Commtsstoner He~bst was concerned whether the ~~quest should he for a niqhtclub r~ther tht+n a dance hell and wondered whether the use had betn properly advertised. Jack Mlhtte~ Asalstsnt Clty Attorney~ statsd there is a problen+ because the patronaqe w111 be limlted to ptrsons 21 and ove~~ whlch makes this an adult entertatnment business; thet one of the d~sfinitinns for an aduft entertainment buetnes~ as defin~d in Chepter 18.89 is that any husiness which ls conducted axclusively for the pstronaqe of edults and to wfilch minors are specificaily excluded~ either by law or by the o~eretors of such businesses, except any business licensed by the Stete Denartment af Alcoholic Bevrr~ge Control. He stated ~ince thls buslness is llcensed by AgC and has Aeen there~ It can continue~ but with th~ estahlishment for danctng wfiich 1lmtts patronaqe to thos~ 21 snd over, or a nightclub or Lss Vegas show~ tf the pstronsae is 1lmited tA those over the ege of 18~ that makea it an adult entertslnment business which means it has ta be 5~~ feet fram any restde~tlaliy zoned prope~ty end this is sdJacent to residentisi prope~ty. 8~z5/8o ~s f ? ;~ , . ; ~-~ 80-503 (CANTINUED) MINUTES~ ANANEIM CITY PLA~INING COMMI~SION~ AUGUST 2~~ 1980 EIR CATEGORICAL EXEMPTION-CLASS 1 AND CONQITIONAL USE PERMIT M~. N~chois stated it was expla{ned that riqht now they heve a resta~ira~t and dlnlnq permit~ but ca~not change the operatlona without a publtc dance hai) pe~mit. Chatrrtan Pro Tempore 8ushore explalned the ~~queeted use goes beyond a public dence permtt; thet tf the retttloner wanted ta ha~ve e har with e Jul~ehox for dancing~ It wouid be ptrmitted; but hy ltmitinq the~ patrons by ~qe the business hecomes an aduit ente~talnment bustne~as which the Comntssion c~nn~t appreve. Ila f~it the pttitioner's Idea of a dance permit la differr.nt th~n tho Intent of the City Code. He explalned the petltioners bou4ht a ~eatdura~nt and now sre ~skinq for +~pprovel of an adult entertalnment buslnoas wlth no faod baing served and the prohlem Is that the peti~ioners dld not buy what they thou~ht they baught. He explalned the Commission can only act on th~ request before them and he dld not know what legai recourse the petitloner has wtth the seller. Mr. Nichols explalned the estdhlishment has been run In thts s~me manne~ for 3-1/2 ye~drs with no foad~ and has had entertalnment end a band sev~n nights ~ r+eek ~nd they do not want to chanqe the operatlon. Chalrman Pro Tempore Bushore explelned the estehilshm~nt was not hetng opersted the w~y lt was epproved. Jack Whlte stited ha undarst~od ~here will be admi~slon ~har~ed and Mr~ Ntchols strted on Friday and Ssturday ntghts they would charge admisslon at th~ dcx~r. Jack Whits pointed out the use 1~ differ~nt than the ortginal appr~va) and expl~tned the petitloner can have dancing whtch ts incldental to the r.xlatinc~ bar c~per~tlon, as long ~s there is no admission charae. hut once h~ mekes an admtssicu~ chrrqe~ then two City ordinences became involved; one being the dancr. hall ordinance that nermits an admisston chrrge and the aduit entertsinment ordinAnce~ but wit'+ n~ ~dmisston ch~rge the adult ente~talr~ment ordlnence ~aould not be invotved and the use c~n f~r conducted as It has been In the past. Chairman Pro Tempore Bushore felt a lat of tim~ ts hetng wastec~ anA suaqested th~ petitioner request a continuance a~d itnd out what they need An~! oet legal advlce because they know the bustness hetter than the loning Enforcen+ent (lgficer or the Cortn+ission. He felt a continuance wc~uld be to the petittoner's ben~fit. Commtsstoner Barnes suggested the petitlone~ request a conttnuance and then discuss the probten+ wtth the City Planning Staff and thcy will advise him rs to ex~ctly what is raquired. Chai~man P~a Tdnpo~e Bushore suggested the petttiane~ get together with the netghbors and the Clty staff. Ne s~ated the permit ts for a restaurant and they are supposed ta be servtng food, so in a~der not to be In violatlon of the existing permit, they shouid get the kitchen together and start snrving food fn order to remaln in busine~s. C1'IOK: Conrnissloner Barnes offered a motton, s~conded by ~ort,misaianer Fry und M0~'ION CARRIED (Cc~mmissrone~ Tolsr b~ing abaent) that the aforementioned matter be continued to the meeting of Septe~-ber 22, 1980, at the request oP the petitlaner. Chainaan Pro Tea~pore Bushore exclained there wlll be no further notices regardtng the SepRe~nber Z2nd meeting, and advised the opposition to ca11 the City Planning Depar Mient to deter~ntne whether er not the petitlonRr has requested another contlnuanca. 8I25/80 ~' MINUTES, ANAHEIM CITY PLANNING COMM15S10!~~ AUGUST 25~ 1980 ~~'S~~+ I TEN Np. i ~i PU9L I C 11EAR I NG. OWNERS : JOIIN W. AND ~Q1JNA A. STUART, EIR NECATIVE DECLARATION P. 0. aox G!~31, Ora~ge~ CA ~2G67. Petitianer requeats D N L E'RM 0. 210~ permissfo~ ~0 PERNIT QFFICE USES It~ A RESIDENTIAI "" ..""""" """"""""~""~"~ STRUCTUftC IN THE CC ZQNE ~n property describ~d as a rcctanyularly-shnpecl parcel of land conslsting of approxinu~tely 0.17 acre tocated at lhc northessc corner of Llnc.~ln Avenue and Illlnots Street~ :iaviric~ a~~+roximatP frontages of 5~+ feet on thc north stdG of lincoln Avenue a~d 14~ fcet on thc ~ast alde of Illinois Strect~ and furtiier cles~rlbad as '325 West ltncoln Avenue. Property prescntly r_lossiftcd CG (CONHLP,CItiI~ GENLRf11.) XOtIC. TI~erQ was no one Indicatiny tl~eir presencr in oprCSitien to sub.Ject rrquest~ and although the staFF report to thf Plannin~~ Corr~ission dated ~u~ust 25. 1AP0 was not read At the publlc hearing, It is referred to and r~a~le •~ pnrt of thc m(nutes. John Stuart~ W+ner, was prese~t to answer ~~ny q~r~st~~ng. Tf~E ~uE~~ic ~icnRi~ic wns cl.ostu, ACTIQN; Commissioner Kin, offcred a~'ntEon~ seconded by Corxnisslaner Bar~es and MOTION C~RRIED (Conn~isslonrr Tolar belny absent)~ that the An.aheir~ City Planning Commiss~on has review cd tfie pro~osa) ta pernlt affice uses in a reslr~ent(~l ~tructure In the CG (Gonr~ercial~ General) tone on i rectmngularly-sh~neci ~.wrcel of land tonsisting of ap~ m ximatcly .17 ~cre located at thc nc~rthcast co rncr of L(ncoln Avenue and Ilifnots Strcet~ havir~y a fronta!~~~ ot ~iprroxlrNtcly 54 feet on thr n~rth si~.lc ~f llnwln Avenue and a fru~~tac~c of .inpruxir~~[cly 11~~ fecc on th~: east sic;e of Illinois Stre~t; and d~es hereby approvc thc t~egati ve Deciarat ion fn~r~ thc requi rcrrnt to pre;~are an envi ronmentat impact report un the basis th.~t there wnulcl be no sic~nificant inciivi~fu~i or cumul.~tive adverse envlronmental irr,~act duc to the ~~pproval of this Negative Declaratlon s(nc~ thc M aheim Gencral Plan Jesiynatrs the subject property for yenc~al comrr.rcial land uses corm~ensu~ate with thc Froposal; t~at no sensitive cnviranmenta) Impacts are (nvolvcd in the proposal; that the Initioi Stu:y submittcd by the peticloncr in~icates no significant individual or cumulatlve adverse envi ronrnental inpacts; and t~~at the Nec~ative Oeclaration substantlating the ~oregoiny findinys i~ on fil~ in the City ~f i~nnherm Plannir~ Department. Cor.rnissioner Kin~~ offer~d Rcsolutton No. PC8~-tl~3 and moved for its passage and adoption that the Anai~eim City Pl,~nniny Comnlsston dnes t~ereby grant Petition For Conditlonal Use Perm3 t No. 210;, subJect to Interdepartmental Commi ttee reco~+r~nda[lons. On roll cail, the forcyolny resolukion w~~s passed by the following vote: AYES: COMttISSIUtIi.RS: OARtIES, BO~AS, RUSf10RE~ FRY~ F1EP,DST~ KII~G NOES: COt4MISSI011ER5: NOt~E ABSENT: COM111 SS IOEIERS : TOLAR 8/2S/8~ ~ MINUTES, ANAHEIM CITY PLANNINC CUMNISSION~ AUGUST 25, 19~0 ~-505 ITCM N0. i": ND RECOHr1f.I~DAT I O~IS The followiny Re~ ~ls and Recomn~en~lattnns statf reports wcr~ pro~Qnted but not read: A. RECLi~SSiFICATIOt~ N0. G-~9- _- Rec~ucst from DaniQl A, Selcedt+~ Anehclm Hllis~ ~c1`~or~~ one=yn~r cxtens on of timc to explre Auyust 2ti~ 1~~1~ ta complate flnal stec~cs hf plunnir~y for the ultlrwte developr~nt af the 33.A acros slte locatccl an th~ s~uth side c~f Niliuwicl. Urivc~ a~nroximAtely 3G; fect south of the contdrllne nf Nolil Renc;h Ro~~, ACTIqN: Cornilssinner Ktnc~ ofPerecl a nx,tion~ seconcled by Commissioner Darnes and MO~TIUI1 CAftRICt~ (Conmiss(onnr Tolar beiny absent), thot thc AnAhefm City Planning Cerm,lssian clocs herFby ~~r,~~it a onc:-yeNr axtcnsion af tlrt+e for Reclassifitatlon ~~o. Jt~• 7~'S W expi re on Auyusc 2F~ 1')E1. 0. RCCLASSIFICATIc~t~ 110. ~-_ ~-1f. A~~O VARIl1NCC 110. 3~~~ - Ra~qucst from WI 11 (Am C. _ ~ 7 - - --- _ ____-._ ~'anrc.~Tn'ti,~aorr:~ na ncustr es~ or a two-yenr retrooctive cxtanslon of tlme to expirc Octobc~r ')~ 1~51~ un prap~rty lac~ced at ;2G an~i a2t~-1/? Ncst Vorrrnnt Avenuc. ACTIqM; Cc~nrolssione :iny nffered a motlon~ seconded by Cor,missloner ~nPneS end MOfIOtI CI~R'~ll~ (Corxnission~_r Tolar bcin~ ~~bsent) ~ that the Anahein City ('lenntng Commission ciaes f~ereby granc a t~+o-yrar retroacttve ext~nslon of time for Reclassiflca~tiun t~, 7~-7~-1L an~1 V~riAnce No, 3~;3 ta ex~ire ~n Cctober 9~ 1~81 . C. RCGL/1SSIF'ICATI~t. ~ab. J~'-79-1G ANU VARIl1NLE 11~.~~~~- Requcst fr~m Willlam C. aurm na~ aorc- na ncustrTes,~or A~provA o revTsed plans under Reclassificetion No. 75-7~-1C~ ~ici Uarlan4e -Jo 3~53 for property lacated at 52G- 1/2 WesC Verrnont Av~nuc. AC710~;: Gommissior~er M.iny c~fferecl a motion~ seconded by Commissioner 8arnes and M0~ T 0 CARRiCU (Gorimissinncr Tolar being absent), that the Anaheim City Plan~in3 Con~niission ciaes hereby find tt~ac ct~e revlsed plans for Reclassificatlon No. 7~- 7~-1G a~J Variance ~b. 30~~ are In substantlal confornance with previousiy approved plans. D. VARIAl~CC t~OS. 1~~2 AtJD 22"2 - Re~quest from tioward R. Polzin for termination of ar ancc ~bs. 1~2 an ~7_,~. for property located at 99G South Leman Street. It was pointeci aut that a twca-~reek, continuance has been requested by the Electrtca~ Dlvisinn of the City of Maheim Public Utilltfcs Department. ACTION: Conm~issianer Fry offered a rn~tion~ seconded by Commissioner Barnes and M IOta CARRIEU (Commissioner Tola~ be(ng absent)~ that the Anahetm City Plt~nning Commission cloes f~ereby continue the nfo~ementloned item to the meeting of Septenber F~ 1~8C?. E. CONDITIONAL USE PERMIT t~05. 11G6 ANO 16~-5 - Request frorn Michaei L. Valen~ res ent~ own our un us ompany~ nc. requests one-year retroactive extensions of time for Conditional Use Permit Nos. 11G6 and 1645 for property located at 340 Katelia Way and 1~i25 Mount~in Viw+. 8/25/80 ~a~ ~r MINUTES ~ ANAFiE 1 H CI TY PIANNI NC COMMI SS ION~ AUGUST 25 r 19~ fl0-~06 REPORTS AND RE rOMMENOAT I ONS (tONT I NUED) ACTIQNs Cornrnissionnr King offcred a mation~ seconclecl by Commissloner Darnes dnd ~~CAaRIED (Cort~nls~loner Tplt~r beiny abscnt)~ that the Anahelm Clty Plnnning Commi ssion d~et hereby a~ant one-year retroactlve ~xtan~lons uf time for Con~fi tinna) Usc Permit Mos. 11GC anc7 1Gb~ t~ expir~ llugust 16~ 19a1. F. Ca~~u1 TIOr~AL uSE PkRr~IT N0. 1~'''6 - Renucst fro~~~ Ray Slegcl~ for a one-yeer retroact vc~ extenslon o t r~ ar Conditional Usc Permi~ No. 155Q~ whlch explred on August 18~ 1~Q0~ for prorcrty conslstin~ nf ap~roxi~~tely 1.3 acres locnted at the sout~~eASt corn~~r nf Santa Ana Street bnd Atchls~n Strect fc~r me~rl reelan~tion en~ nuc~la~r stora~~e of rnc~s ~nr1 metat wlth wt+ivcrs of m(nimum front sctbsck an~l minir,~um nurber of pt+rking Spaces. Rey S ie~lelu~ aprllcant~ was present an~l Indtcate~d staff h~s rcquested that the perr~i t~e extendcd for .~ periu~J of c,n~ yenr nnd ~tnc~ thr. ori,+lnal permlt was grnnt~d for ~i threc-ye~~r ~crio~i~ he woulrl ll~.e to requost ~ three-year extenslon. Jae~: Whit~~ Assistnnt City Atturney~ explnlnecl if the us~ beu~mes o nuisanee to tlic put:llc's health~ safrty nr welfnrr~ thr Commisslor. hes the right to set it for ~~ublic hr~rin~; to ennsidcr reve~c~tiun. ACTION: Cor~u.,i•.:si~ncr F~y ~~tfcred ~~ moci~n~ scconded Gy Cor,wnlssicx~~r Uarnes and ~~T CARRIC~ (Commfssioncr Tolnr bein~ ~bsent), tlint tlie Anaheln C(ty Pl~nning Co-~issian ~locs h~~reby ~~rant a chr~c-yc+~r retraactl~:~e exte~sion of ;ime for Cond itlunnl Usc Permlt '~o. i;;:~ tc~ rr.pi rr on A~c;ust li.~. 1~~~3. G. CONUiTION~L USE PGRMI_T 1~0. 1~'1 - aequcst fron Narrer~ So Llu f~r A retroact(ve ~.._.._.~~.,,~ .~. extcnsivn •i~ ttn,e ~c~r Con~J Ciana) Usr. Per~nit No. 1720, for a 3~~un(t retr~atlonsl vchi ele par~. In canJunctiaR Hith ~ r~tcl at 27~~Q uest Lincoln Avenue. ACTI~Ii: Cnmriissloncr Klnc~ offereJ a motiun. scconded by Commi~stoner 15arnes arid MOTI 11 C~'+?RIEi% (Co~r~lssioncr To1~~r bclnc; absent)~ tlw~ the Anahein~ C1ty P'anniny Conr~isaian Jocs hcreLy yrant 8 one-ycar retroactive cxtension of timc for Gonciitional Use i~ernit ~~o. 1i2~ to expire an AuguSt 1. 1~1~1. I~. CU~~UITIOItAL U~E PERNIT t10. 13~ - P.equest frorn DaviJ S. Coliirs~ Calllns Limlted ~a~~ncrsh p~ or ~ twa-year extenslan of tine for Conditional Use Permit No. 1a83, to cxpire Auyust 2~~ i~~~~ for b~cr and wine (n an existing restaur~nt at 1514 41es t B ro~-Jway . I1CT! 0,~: Commissioner Kin~~ affcred a motio~~ Secbn~ed by Cummissioner $arnea and M i011 CARR~EU (Gor.xnisslaner 1'ota~ bcing absent)~ that the Anaheim Clty Planning Cor.ir.,lssiuc~ cbcs hereby grant a Lwo-year extensEnn uf tlme for Conditlonal Ust Perr=~lt t~o. 1~~~3 ta cxpi re on A~yust 2~, 19G2. S/25/$0 ~ . ~ ; f NI,NUTES ~ ANAt1E I M C I TY PLANN I NG CONM) SS I ON, AUGUST 25, t98n S0~ 507 OTMER COMM1S510N DISCUSSIONt .~.,.. 1. Commissloner H~~bst ~~ked the statue of the Housinq E1en~t w~~k sesslen ~nd n~+nll~ S~e,~talshtl~ Assistsnt Director for Zontng~ replled she weuld aet the Inl~rm~tlon to the Commisslon ss ~oo~ as poasihle. 2. CanNnls~loner 8arne• offe~ed a met~en~ seconded hy Cemmissl~ner Kinq +~nd MATI~N CARRIEb (C~nimtssloner Tolar betno shsent~ tha ~ the Anahelm C1ty Plennina Con~mis~lan do~s he~eby (nst~uct ststf to respand to the tetter rec+!ived by the Planning Cann+lsslon frex* aichard S. Da~be~~ Executlve Director of Anshetm Econen~ic DevelepnMnt Co~poratlen, regar~ilnq the minimun ~lze of indu^~C~ist land pe~cels. 3. Sy genersl consensus Nary 8ou~s ~ras •apalnted te serve on th~ ConrmmitY-Wl~fe Cornnunity Develaprnent 91~ck Grant Cittzen Participatlon Committ~~ to perlodicallv revlew the block 9rant perform~nce, prioritit.e ttems fo r the next hlock Qr~nt snd revlew pronesels for di~buraement of tho funds. 4. Commtssloner Fry suggested msps a n d presentattons he nosced on the Chamb~!r well se the pubiic .an ~ee what Is baing dtscusse d and (t was palnted out hy Artnike S~ntalshtl thet there Is one offical flle copy~ hut a s~c~nd copy cnuld he ohteine~ fer dltpley. She explatned~ howevsr, leqai notices to property cw+ners s~a~ciftcally inst~uct that eny que~tlons should be directed te the Pta~ning Departr++ent prlor tc+ the h~erin~. 5. Chatrmon Pro Tempore Bushor~ suqgest~d the wail ci~ck h~ mc,v~d in rh~ Counci) Ghamber so thst It cen he seen. 6. Chalrman Pro Tempo~e Bushore refe ~r~d to prohlems with canrractors and felt any City has e perpetual ^rehlem wlth contrac.tors. hut feit th~ Clty nf Anaheim nee~ls tQ have sa~e w~y to cantro' ~~°~': that the (nsnect ors are powerless to d~ anythtn~ tf th~ contractor cauaes a drain++ge p: ~~ 1em~ or whatever~ and th~ Cftv lets the two ~ronertY or+nrrs ftqht it out and he did not think It is right. -+e felt if the Ca+~missien apprevns a pro~ect~ that the ~ontrect~r should be exnccted te act in a Qrafessl~nal nMnnrr and Asked whet can Ae done stipul~tton-wise to c~rrect thts pr~hlem. He st~ted th~re ar~ laws h~cause swne people need to he ca~trolled. He wa s sure If the! Buildfnq Denert~nt keeps record~ o~ calis recelved regardinq probidns Nith cont~actors~ th~re would C~ e lot and tl,e cittzens look to the City for some~ recou~se snd he wss not saying we sh.~uld have rer.eurse~ but felt there should be s way th~ City c~n coe~t~ai thls. Cc~nrnisaloner Nerhst potnted aut the s teff report includes conditi~n~ thet a11 oradinq shelt be done ~ccprding to appraval o f the Ctty's Engin~erl~g Dep~rtment and thata~) grsding plana ar~ ~eviewe-d. Jsy Titus~ Oftice Engineer, stated thetr d~partment ~evle~rs and eppr~ves th~ gradinq alan befor~ 9~adtng i~ done and the Ctty has censtructlon Inspectors that do Inspect the grading i~ the Pield. Jack Hhite asked tf Chairman Pr~ 'err+pore 8ushore is conce~ned th~t the City app~oves pians thst would insdvertently cause water to go onto scxneone else's pr~perty. Ho expialneA if the co~tractors are violating an ordi~ance or sn a~provNd alnn, whether it is approved by staff or the Commisston or Countil, the City can tdKe actio~. Jay Titus thought the p~oble~+n belnq re~erred to was fo~ e arA~llna p1~n that was approved •nd some grading was betng dona beyond the g~scilnc~ plan an propertv whlch w~s tn the Caunty ~nd !he C1tY could not tske ar~y actlon. 8/25/80 MIN~T'ES~ AHAHEIM CITY PI.ANNING tp!lIISSION. AUGUST Z5, 198A gp•SOg OTNER COHMISSION OISCUSSION (CONTINUEV) Chal~~n Pra T~po~e Bu*hore reterred t~ • cc+nt~actor ++I~o loedad h~e hullding ~t~+~l~l onto son~on~ •1xa'e propertY n•xt aaor ~nd asked tf there 1' ~ny wey th~ Clty c~n ask hin~ to move It if the nRfghbor canplaina, Hs expl~lned several y~s~~ eAe when he wes not on th~ CaMnlislan~ a p~o)ect was app~oved for 7S cendaninlum units +~t l~ Pal~ ~nd Euclid and the contr~etor put al l hl~ wood on the prepertr next do~~, wl~ich he wew 1 nvelved with~ snd Nould not t~ke ft o~ft thst he celled the dulldin~ Depsrtn~nt anA wAe tai~ cheY could not d~ snythin~-. He fel t If ehe pr~)~ct is app~ovr~d by the City end I~ but 1 t wt thin the LitY~ then there thauid he tana +~+~y to centrol the contractor en~l he f~lt the p~eple next to ~ pro)ect that 1~ being but~t should be censtdcr~d~ painting o~it t-+er~ 1~ an envlrenmentei impact report th~t t~lks •hout dust~ etc. He ex~l~tned if the Poiice ~enartment we~s ealled and told thet ~ c~ntrsctor had put w~oed on your pr~aerty end would nc+t ~ve it~ the Po11r~ Dspartn-~nt would say th~y cannot do ~nythfng becau~e it 1~ a civ11 mi+tt~r. Jack Mhlte ~auld not an~vrer +~ specific prehi~m bec~use he did not heve el 1 the fect~, but }elt (t saunds ltke a crimtnal trespe~s snd it tt I~ kncx.m who did the du~„pinq or sterege of mate~l~i~ ~o~-~thing could be done. Commi~sioner King st+~ted the contr~ctor could ha~ve pe:rmtsslen tn store hi s n+aterl,~l on scunet+ady else's p~onerty. 7. Che i rman Pro Tempore Ruahore asked ehout the thr~e ha~a on So~ith Knc~~ t Str~~t fef~,~red to In the Polic~! ~epart suhmttted In co~nection wlth one ot to~fay~a he~~i~~s~ and ssked if all condttlonel use parmlts should be revfev+Rd~ hecsuse thev are aoparent ly c~usinq e problem. Jack Whtte polnted out the Commisslon should not be talking Ahout the o~~ticular estahllshment (the French Quarter) because there fs a conttnued h~artng. Cha ( rrnen Pro Tampore Bushore wented to di seuss the ether two bsrs en~ fe t t i f th~y are creating a pro~le~n they ahould not be allvwred to continue th~ir naeratl~n. Cor,~nisslon~~ King poln;ed out the policr report rRf~rred to severr) ~r~b) e~+s In the are.s. Me felt the Co~rnlsslon wss coaching the peLltlonrrs af the French Quarte~ end tell ing thdn which way to pursue the matt~r, Comnissioner Herbst suggested if there is sny d~uht~ staft shoutd he (ns t ~uct~d to have soning Rntorcd+-ent take a look at the operations to see If th~y ar~ t~ vf olatt~n of thei r permits. Annik~ Sant~lahti stated the Poilce Departn+ent takes thelr J~h v~ry sert ously and usuaily when •n opinion Is requested on ~n activity~ they report whet Is wrr~nQ ae~d not what ls right. She stated through the yea~~ there have ~een sevePa) husines~~a a L thts locatlon and therR have been prohleyns~ but she was nat ~are o~ any prohtern~ let~l y, ~h~lrrru~n Pro Tempore Busho~a st:;ed he woutd like to offer s rr~tlon that the Poilce Depa~tma~t be reQuested to make ccrnnunts on the other two ba~s and i f th~y a~e creeting a stgnificant nroblem ar if th~y fe~l they are ,j~opardlnq the heelth and sstety of the su~rounding •rea, th~n their conditionel us~ permit shauid bn revir.wed. Commissionar F~y felt the report fran the Police Oepartment p~rtAlns to tfie whole~ area so those establlshn~enta have been considered. tommisslaner BouAS referred to the Police ~:port rege~ding the French Quarter end noted It reported no cdnptalnts have been filed in 19$0 snd Comntssloner Barnes polnted out these petittonera only took over tha ba~ three ~th~ aga and tfie~a have been no taeplsints. 8/25/80 4 ~ ~ ' } j ~ MINUTES, ANANEIM CI1Y PLIWNING COMMISSIQN~ AUGUST 25~ 1980 $0-509 OTHER COMMISSION DISCUSSION (~ONTINUED) Ms. douos noted the Stinfl hasn't had ~ny complaints in 19a0 either. Chairman Pro TempAre Buahare sugc~ested the Folice pepartment ahould be reked if Chese two bers are cauiing a probiem because tha ABC board ck~rs not investtc~ete thoroughly. Annike Santal~+hti stated staff wili make an Inspection for zoni~g to determine tf they are complylnc~ with tho existiny conditional us~ permits. Commissinnar Kiny polnted out the dance estabiishment on State Collog~ Doulevard adJecent ta Kateila Roalty is causing a parktn~ problem Anci It was n~tecf tf the prop~rty awner complelna something could bc done. Che(rman Pro Tempora Busliore felt somethiny should t~e clone abeut the p~oblem being caused far Katclla Realty and st.~teJ iie (s cancerned about th~se kinds of prublems because he takes thts job serluusly. Commlssloner llerbsc felt Katella Raalty should file a spectflc complalnt. Annika Santalaf~ti stated the businessos that are successful In kec~in~ the(r patrons off oth~r pe~aple's property are Chose who scrinusly policc it themselves. ADJOUw~M.EtIT There being no furthsr bustness~ Chal rman Pro Terrpore Suahore cffered a nation~ secondeJ by Conimissloncr King anci MpT10!~ CARRIED that the m^ettng be adJaurned. The mecting w~~s adJourneA at >;30 p.r~. Respecifully submitted, • O . ~',..~.r~, ~c Edlth L. Harris, Secretary Mahetm City Planning Commission ELI! :1 m /gw