Loading...
Minutes-PC 1980/11/17. l ° ~ y Clvic C~nter Anah~im~ C~11 tornle November 17~ 1980 REGULAR MEET 1 NC OF TNE ANIUIC 1 M C I TY PIANN I NC COMM I SS I ON REGULAR - The reyular maoti ng of the M~helm Clty Ptanning Cannisslo~ w~r esl lad MEETING to o~der by Chat nnen P~o T.aipore Busho~~ at 1 s35 p.T• ~ Nuvamber 17, 1980 In tha Councl l Chambe~, a quorum teing present. PRESENT • Chal~ma~ Pro Ten~aore: 6ushore Commi ss lon~rs s Ba~nes . Bauas, Kt ng ABSENT - Comml ss 1 oners : FRY ~ ~1 ERBST AND TOLAR ALSO PaESENT • i~onald Thompsan Annika Santaldhti Norm Pri~st Jack Whlta Frank Law ry Lisa Stipkovtch Susan Schick Desn Sherer Edt t~, Harris Pla~ning Director Assistant Olrector for Zoning Executlve Olrector~ Commu~tty Development Assl~tant City Attorney Senior Asstatant City Attorney Nousing Manager Redevelo~+ent Manager Assiatant Pienner Ple~ning Conwnisston Secretary PLEDGE OF -"~e Pledge of A1 legiance to the Flag was led by Commtssioner Bouas. ALLEGIANCE CONTINUED ITEMS: I TEM N0. 1: E I R NEGAT 1 VE DECLARAT I O~i WA1 VER OF CODE RE U 1 REMENT AtID CON01 T i ~i~"'iM '1'~'~13. 21 : PUBLI C HEAR~ NG. OWNERS : R. N. AND THEODt!RA R. S 1 EGELE ~ SOa South Atchi nson S treet ~ Maheim~ CA 92805. AGENT: E. E. ROU NDS~ L"cROY D. OWEN CONPANY. 5~d South Mein Street~ O~ange~ CA 92668. Prop~rty described ss a rectanqularly-shaped parcet of land cansl sting of approxin~etei~r 0.52 acre, located on the ~orthr+est corner of South Str~et a~d Rose Straet~ and fu r ther desc~ibed as 919 East South Street. P~operty pr~usantly classified ML (INDUSTRlAL~ IIMITE~) ZONE. CONDITIONAL USE PERMIT itEQUEST: TO P ERMI7 AN AUTOMOBiLE REPAIR FACILtTY IN THE HL ZONE WITti 1.'AIYERS OF (a) MINIl~iM LAfJOSCAPED SETSA~.'K ANO (b) REQUIRED SITE SCREENING. SubJact petitian was conttnued from the meet~~g of NoveMber 3, 1980 ~t the reques t of the petttioner. it wss noted the petitioner has requested a fou~-week co~tinuance. ACTION: Gommissione~ King offa red a matio~~ seconded by Ca+a+issioner Bsrnas and ON CARRIED (Commissione n F ~y~ Herbst and ToO~r betng abs~nt), that constderstion of the abovementin~ed Ittm De eontinued to the regularly-scheduled meettng of Oecenber 15 ~ 19~ • ~•~ 11/ 17/~ MINUTES~ ANAHEIM CITY PLANNING COMMISSION~ NOVEMB~R 17. 1980 80•6G1 L1f APPROVEO) . WA PUHLIC NEARING. 011NERS: M. J. BROCK ANO SONS~ INC.~ 6767 Forest Lawn Orive~ Loa Angelas~ CA 90068 ~nd THE CHURCN OF JESUS CNRIST OF LATTER QAI- SAINTS~ REAI ESTATE DiVISION~ 50 East Tanple~ Sa1t Lake Ctty~ Utah 84150. AGE~ITSt M. J. BROCK AND SONS~ INC.~ 16q8 Greenbriar~ Su1tQ 22~i~ Brea. CA 92G21~ Prope~ty desc~ibed as an ir~r~9ularly-shaped pa~cel of land conststing of approxtmatcly 19.3 acres~ having approximate francages of 300 feet on the north sida of Falmouth Avenue and 900 faet on the south stde of Coranat Avenue~ havinfl a maximum depth of appraxtmately t5on feet a~d bei~g located app roxtmately f50 feet west of the centerline of Romneya Drive. Propesrty presently classified RS-A•43~000 (R~SIDENTIAL/AGRICULTURAL) ZONE. CONDITIONAL USE PERMIT aEQU~ST: TO PERMIT A 126-UNiT DETACIIED CONDOMINIUM COMPLEX WITi~ WAIVERS OF: (a) MAXIMUM STRUCTURAL NEfGNT A~~D (b) MINIMUM LANDSCAPED SETBACK. It was noted the petitioner hes requested a four-week continuance. ACTION: Conmissloner King offered ~ moti~n~ seconded by Commisslone~ Bar~es and ~T CARRIEb (Commissfoncr Fry~ tlerbst and Talar being absent) ~ that conslder~tton of the abovementioned it~m be continued ~o t~e regulerly-scheduled meeting of ~bCen~~ r 15 ~ 1980 . ITEM N0. : EIR NEGATI READVER ISEDTi E OECLARATION ANO CQNDITIONAI, USE PERM17 N0. 20 PUBLIC HEARING. OVNERS: MICHAEL J. CRUCIL AND WALTER SHOpK~ 2g2A East La Jolla Street. Anahetm~ CA g28A7. Praparty described as a recCangularly-sheped parcei of land cansisttng of ,aroximately 1.1 acre located at 292n East La Jolla Street. CONDITIpNAI USE PERMIT REQUEST: PETITION~R REQUESTS DELETI(kl OF CONDITIqN N0. fr OF PLANNING CONMiSSION RESOLUTION N0. PC8(?-~4~ PERTAlNING TO REQUIREO PAVING OF AN OUTDOOR STORAGE YARD. There was one person indicating his presence In opposition to subJect request, a~d althaugh che sceff report was not rcad, it ts referred to and made a part of the mtnutes. walter Shook~ potttioncr~ p~esented a revised plan to show the parking and also the separatton of this property from the adJacent property. He stated he had fust gotten these plens and staff h~s not seen th an. Dean 5herer~ Assisiant Pt. ,ner~ brtefly revte~red tha plans and explafned that the plan is e revision of the previously appraved plan; however~ the petitioner is still requt~ed to comply with the condttlons of that condttional use permtt and davelop the p roperty subs tanttaliy in co~formance with the plans app~oved snd should these plans show ~nythtng different, spproval will be raquired by the Ptanning Commiss(on and can be brought back under reports and r~commendations. He stated he saw nothing w~ong with the plans, but they Kould hsve to be revtewed carefully by stsff. M~. Shook axplained it is his i~tantion to nave the parkinq to the front of the p~ope~ty. He stated the sto~age a~aai has been oi ied snd he wi I 1 wntinue to ail it and that he wishQS to delete the requireme~t for paving mainly because of the cost. Ne stated he is not prepared at this time to develop the entlre property. 11/17/80 ~ ~. ~ MINUTES~ ANAHEIM CITY PLANNING CQMMISSION~ N4VEM8ER 1~~ 1g80 80- 662 Mlk~ Noggie~ President of Southarn Pl~stic Mouldiny~ Inc.~ 29~+1 East L• Jolla~ ~xplalnod he had t~lkad with Mr. Shook followtng the prevlous Planning Ca~mtsston ms~ting in order ta try •nd work out the p roblems ~nd thst Mr. Shook h~d indicoted than that h~ did not h~v~e eny Idee who is dun~in9 on the edJacent property. Ha ~sked why Mr. Shook hed failed to comply with the conditions af the ortgina) permit and why he is Just nvw beginning to meet the requir~menta ~fter the pressure was spplled. He steted he does not havo any canfldence that M~. Shook will keep the property olled bacause he has not told the truth abo~t the dumping o~ tho adJacant property. Mr. Noggla ~xplalned he had detormined that Mr. Shook is rentfng a portlon of hit praperty ta an excavattnq cor~any and that ha had indtcsted at the last meetinq that he only stored brtcks snd blocks on the property and dld not store accass dirt and did not know wl~o was dumping the dlrt on the property next doar. He stased he has seen the trucks that ern parki~~g on Mr~ Shook's property dumpl~g on the property next door. He felt once this r~quest Is granted there wtll be no way to make surn the property Is I:ept otled. Mr. Noggle was also concerned because all th~ other prapertles (n the area are requtred to havr a green belt are• and provtde landscaptng and now the petttioner Is propc~sing parktng In front of the property. Ne steted right now there are so many people workfn~ there that they are parkl~g In front of the building and on the strerts. Mr. Noggle stated if this request Is granted to delete the requlren+ent for paving, he would request that the city sec tlist the property is oiled adequately and as often as necessary. He Indicated he Is concerned because his company has spent app roximately S10,000 for special eq utpment to keep dirt out of their wAter cooling system. Chalrman Pro Termore Bushora askcd Mr. Noggie's opEnlon of decomposed grantte betng used in additlon to the oll for the storage area. Mr. Noggle replied he thought that wouid be tar batter than Just oi1 and dirt and st++ted again hc has no confidence that the petitioner will keep the property oiled~ bsaed on his past uctions. Mr. Shook stetnd he had alla+ed an exceveting company to dump dirt on the property initlally because he needed to level the nroperty and the excavating company was ailowed to perk their trucks on the praRe~tr. He expiatned thst company has stnce found another place to park their truc~s and he has told them nat to dump on thes adJacent p~operty anymore. Iie stattd the adJacent p~ope~ty owner wanted to level his property which was the reason for tlic dt~t being dun-~ed there. Mr. Shoak axpiained the nar plans shaw thc two properties xeparsted with a fence and a planter. He stated he telked to Mr. Noggle sbout the dust snd explained that his employees ere not dumptng on the ~roperty next door or on the subJect property and that as far as he knows only on~ load of dirt has been dumped stnce tl-e last heartng. Ne stateci there has not been any dust stnce the prope~ty was oiled and stated he is trying to solve the problems and g~C along wtth the nEfghbors. TNE PU~LiC NEARING wAS CL05ED. Comrnissioner King stated he ayfees with the Redevelopment Commisston's reconmendation for decomposed granite and explain~ed it is basicaliy gravei. li~. Shook stated they have refined rock on the property presently with sand and otl and the property waa graded and otled so it wtil paclc davn and be r~ady for blecktop 1 n the future. Ha exp 1 a( ned he does not rae 11 r knc~r anyth i ng about decoie+posed grenito and indicated cancern thet g~avel wouid not pack dorm. He stateQ stnce the 11/17/80 i t MI NUTES ~ ANIWE 1 M C 1 TY PLIINN I N6 COMMI SS 1 ON, NOVEMBER 1 ~~ 19a0 80•66; prope~ty wa• olled~ che duat probiam has boen eltminatadt end that after fiv~ months o~ the first ~atn~ the arae wtll ba oiled a~etn. Andwe~ing Ch~irm~n Pro Tempore Busho~a~ D~an Sherer explalned thts «• tter can~e up et ths Redevelopme~t Commtssion meating a~d it w~s his understa~ding that most of these sto~a~ge ye~ds ere graded to romove the top soll and then olled and a one to three tnch grava) baue ts put on top oP thst which usually takes care of the problem. Ha axplatned hc Inspected this sita end it appear~ simply to have oll aver the dlrt. He stated he wes net sure ot sny s~ectfic le wels of g~avel whlch are requlred. Mr. Shook stated the yravol sou~ds reasonable And he wc~uld be wtlltnq to comply. CommissionQr Barnes asked if the petftioner plans to develop th~ q~cperty tn two years end M~. Shook rrplled the ultimste developme~t depends upon the economy. ~le stated he uwns the property and would liko to dnvelop (t as soon es passibley but this has not been a good year for hls business flnancially end h~ couid not afford to comply wtth the requirements of che pe~m(t befa~e th1~~ but now plans to provide the Improvements necessary. Conmissloner Be~nss fndlcated she is c~ncerned because this ares is beginning ta b~e one of the nlcest induatrlal areas and the improvem~ents will spread down La Jolla S~reet and she dld not want to se~• a storage yard wich Just qrave) indefinitely. She st~ted she would 1 ike to come to a compromise whereby the p, .~ tloner would be al tc~+ed to hav~ grevel and oil for the ~resenc a~d lendscape the frant~ but she would not w~nt to sQe it allowed forever and wented the Commisslon to hsve a handle on the situatlon so that if the use contlnues as o stor,:,ge yard~ lt would be paved eventually. Chairmen Pro Tempore Bushore suggested that the deietinn be qranted temporarliy as long es it is tied to the arlglnal conditione) use perMit to expire March tg83~ and ~ es long as the petittonc~ stipula[es to provide the protection for th~ surrounding ~. prope~ttes with the decomposed granite at an adequatz ihickness. ~~ Commissianer King asked wt~en the ~aetitioner could provicie the dccon~osed granite if the request is approved. Mr. Shaok replied he could compiete it by t.he end of next week. Chalrman Pro Tempore Bushare eskcd !f ane inch of gravel would be adequate and Oesn Shere~ replled i to 1•1/2 inches shauld be adequate and the Zoning Enforcement Otftcer wtll inspect ihe property to see if the dust is bel~g controlled. Chairmen Pro Tempore ~ushore asked when thc landscaping ~ould be provlckd in the fro~t and Mr. Shook replied he is Just waiting for the plans ta be approved. Chsirman Pro Tempore Bushore axplalned the Conmission is not approving a ~ew plan and if there are any ~evisions to the originaily approved plans, the Cnmmlsston woLid have to apN.•ova tham and if any waivers are neces~sary, they would heve to be advertised snd a public hearing hr)d. Ne stated thl~, request is stmpty for deletton of the peving wtth dccompostd grantte substltuted end poi~ted out the petitioner hss ~tipuleted to provfde the oil and decomposed granite ~nd then have the Zoning Enforce~~ent Officer Inspect the praperty. Ne suggested the petttioner work with the staff r~ya~ding the pians. it wss noted an EIR Negative Declaration has bee~ prcvtously approved fo~ subJect property. 11/17/80 ~. } ~ 1 MINUTES~ ANAHEIM CItY PLANNING CONMISSION~ NOVEM6Eit 17~ 1980 80•664 ACTIONt Commlsstoner King ot}~red Resolution No. PC80•194 and movsd for '; passage ancTadoption that the Anahslm Glty Pi~n~tng Comnisston does hereby gra~t thc r~quast for del~tton of Conditlon No~ 6 of Resotutton No. PC80-54 spprovad by tha Pl~nning Commitslo~ on March 24~ 19$0 tn connectlon with Canditional Usc Permtt No. 2QS6~ •ubJact to th~ petttio~ar's stipul~tion to provide a 1 to 1•1/2 Inch layer ot decompoted grenite ln addttion to oill~g the sto~sye a~ea, to expire March 1983. Da~n Shorer ststed the improvement pla~~ should be submltted to the Planning Oepartmant as soon ~s possible in order that they csn be reviowed by the Planning Comnlsston es a roport •nd recommendation item on the same dete the ~evocation hsartny ts acheduled. Commissioner Barn~s stetecl the Commiaslo~ hai roally bent over backwsrds for this petttio~er end he~ not allowed this before. She steced she hoped the petitloner wlll keep hts end of the bargain becausa If he doesn't~ when thls use comes u~ ageln i~ 1983~ she did not think thero wil) be one Coamissi4ner favorable to tho permit. ChAirman Pro Tempora 9usho~e stated tl~e permit can be reainwed before 1983 if nocessary. 0~ roll cali~ the forogair~g resalutlon wes passed by the foliowl~g vote: AYES: COMMIS510t~ERS; BARNES~ BOUAS~ 9USNORE~ K1NG NOES; COMMI SS IOf~ERS: N01~~ AaSENT: COMMISSIONERSt FRY~ ItERBST~ TOLAk ITEM N0. 4: Elit NEGATIVE OECLAMTION aEC~ASSIFICATION N0. 30•81-1~ AND CONDI ~'~'~~`FI~ N 0. . PU~LIC HEARING. OWNERS: FRANCFiISE REALTY INTERSTATE CQRPORATION~ McDONALOS PLA~A, Oakb~oc~k, Illinois Go521 Ar~o ~~u+ES -+. FaISBIE, TRUSTEE FQR JAMES H. N~0 MARLENE J. FRIS6IC. 79 Montectto D~ive, Corone Dal Mar~ CA 92625. AGENT: JAMCS H. FR1581E~ 181 ~Iest Orangethorpe Avenue. Suite A, Placentts~ CA 92670. Property descrtbed as a rectanyularly-st~aped parcel of 1and consixting of epproximately 0.78 ecre, loc~+ted at 1100 North State College Boulevard (MCPONALD'S RESTAURANT). Property presently classlfied RM-1200 (RESIDENTIAL~ MUITiPLE•FAM~i.Y) ZONE. REGl.ASSIFICATION REQUE57: CL (COtIMERCIAL. LIMiTEp) OF TriE ~~OaTHERLY 75 fEET OF SUBJECT PROPERTY CONDITIONAL USE PERMIT REQJEST: TO PERMIT A ORIVE-TNROUGH aESTAUaANT There was rw ona indicating thei~ presence in appositlon to subJect request~ ~nd elthough the staff reporc was not resd~ it is referred tQ and made a part of the mtroutes. Jim Frisbie~ 1~1 West Orangethorpe. Placentta~ owner and operator of the McDonald's restaura~t at 1100 North State Coilege Boulevard, statad the current trend is for drive-through service windows for convenienca ta thn custnmers, plus tt also te~ds to alleviate parking problems. He stated h~ purchased the adJace~nt property a~d co~fii~ed the two properties to provide adeq u~ce parki~g a~d trafftc circulation. Ne felt thts will irrprave service for the customers e~d nac substantiblly change the ~~ture of the use. ^ ~ :s i l / 17/80 ~ 3 I S I' °.w, MINUTES~ ANANEIM CITY PLANNING COMMISSION, NOVEMBEa 17~ 1980 80-665 Marilyn Silver:tain~ 3~0 San Pablo D~ive~ Fullerton~ awner of the four-plex prope~ty next door~ esked hcw the petttioner plens to pravide protectton so there wil) not be e di~turbsnce to the occupa~nts of the residenttel four-plexea. Dean Shsrer~ Assistsnt Ptanne~. pointed out the proposed G•foot high block wall on the plans to Ms. Silverstein~ Mr. F~(sbie stated the proRosed sttuatio~ is similsr to whet exists todey and he is complying with the rc~~ufrnments for a 6-foot high block wsll and trees. Ne explalned he might improve ~n that by changing the Cype oP tree to a solid hedge of Eugenia trees which ha has founJ frc~m experience provldes a quicker ~nd more denso barrier. Mr. F~isbie steted ha has also observed that thore is a communlty pedestrtan sidewslk batween the two ~ropertles at th(s tlme~ whtch wilt be destroyed tn the procass of Gonst~uction and tt Is his intentio~ to reconstruct that sidrwAl~: on the neighboring propertisa~ to servc the remelning four•plex. THE PU9t,IC HEARING WAS CLOSED. Commissloner tiarnes asked if h1s. Sllverstein (s happy with the proposal and she indlceted from the audlence that she was. ACTIOt~: Commissloner King offered a motion~ seconded by Canmissionar Dsrnes and MAT ~ CARRIED (Commtsslon~rs Fry~ Nerbst and Tola~ being absent). that the Anaheim City Planning Commisslon h~s revi w~sd the propas~l to reclassify the northerly 76 feat of subJact propcrty from the RM-1200 (aesidentlel~ Mu~ttple-Fsmlly) Zone to ~he CL (Commc~cial~ Limited) Zone to permit a drive•through r~stau~ant on a rectangularly-shaped percel of land consisting aF approximately 0.8 acre, having a frontage of approximately 208 fcet on thc east slde of State College Bouleva~d~ heving a mexfmum depth of epproximately 1~2 feet~ being located approximetely 660 feet nortt~ of the centerllnc of La Palma Avenue; (11A0 North Stete College Bouleva~d) and do~s hereby approve the Neg~tive Declaration f~om thc requirement to p~epare an environmental impact report on the basis that there would be no significent indtvidual or cumulative adve~se environmentai Impact due to the approval of this Negatlve Declaratlon stnce the Anaheim General Plan de3ignates the subJect property for genaral commercial land uses commensurate with the propoaal; that no sensitive envt~onmental impacts are involved in the proposal; that the Initlal St~dy submitted by the pettttoner indicates no signiftcant tnd(vidual or cum~lative adverse environmenta) Impacts; and that the Negative Decia~atio~ substantiating the foregoing findings is a~ file in the City of Aneheim Planntng Department. Commissio~er King offered Resolutfon No. PCBd-195 and moved for Its passage and adoptton that the Anaheim Clty Planning Cd~nrnisston does hereby granc Petitton for Reclass6ficatian No. 80-81-i5~ subJect to Interdepart~r~ental CommitKee ~econxnendat ions. On ~otl calt, the foregoing resolutton w~s passed by the following vote: AYES: COMh115SI0NEaS: 9RRNES~ BOUAS, BUSHOitE. KlNG NOES: COMMISSIONERS: NONE ABSENT: CO~MISSIONERS: ~RY, HEaBST. TOLAR 11/17/80 ~ti MINUTES~ ANIWEIM CITY PLAHNINO COMMISSION~ NOVEMOER 17~ :980 8~666 ITEM N0. 5: EIR NEGA1'IVE OECLARATION ANO CONOITiONAI USE PERMIT NQ. ~131: ~_~_ ._..~.,.r. PU9LIC N~ARI~IC. OWNERS: LINCOLN GROUP~ 153Q wast Lincoln Avenue~ /201~ Anahalm~ CA 92801. AGENT: CARABE CORPORAYION~ ATTENTI~~~s WA~IACE WARREN~ 1705 Stv~ Streat~ AnAheim~ CA 92a04. PropertY de:c~ibed as a reet~ngularly-ahaped parcei of land conststing of a~proxinwtely 0.9 ecre~ located at 1743 West Linculn Avenue. Prope~ty prescntly classtflod CL (COMMERCIaI~ LIMITED) IONE. CONDITIONAL USE PERMIT aEQUEST: TO PERMIT AN AUTOMOTIVE SALES~ SERVICE AN~ REPAIR FACILITY. Ther~ was nn one (nJicating kheir presence tn opposition to subJect requost~ and althougt~ the steff report waa not re~d~ tt is referred to and made a part of the minutas. 4lallecc Warron~ 1~0; Siva Street. M ~haim~ Nas present to ansaer any questions. TH~ PUDIIC HEARING WAS CLOSEU. Cortmisstoner King asked whare salc ca~s would be parkcd and Mr. Wa~ren a~swered thet there would unly bc two or tl~ree vehicles there an~l they heve four pa~kl~g spaces axclustvely for that purpose tn front of their builcling and the vehitlas wauld probably be parked inside the fscility at ntght. He explatned his operation (s In the same butlding as thQ upholstery shop nnd they have f~ur exc~ss spaces where the trash bin is located~ in addltlon to the four spaces directly in fro~t of their buildiny. Chairman Pro Tempore Busho~e explatned this would be the rear buildin9 and the spaces wtll only be in tiie rear. Fle clarifled that all work would be dont 1~-Ide the buildlny. Mr. Warren stated the ca~s would ~ange from 1g80 models to 1963 medels; and that this ia a very small operatton and he owns the c~rs they seli. Ne stated the rePair and servtce wark they do will be similer to Southland Lhevrotet, o~ly on a smalle~ scala. Ghairman Pro Tempore Bushore asked the petitioner to stipulate that no cars ~ill be parked outside next to the streat tn the landscaped a~ea and Mr. Warren replied that they will be parked only in the spaces designated. ACTION: Commissioner King offered a motton~ soconded by Commissione~ Bouas and MO ION CARRIEO (Commiss(oners Fry~ Herbst and Tolar betng absent)~ that the Anaheim City Pianning Commissio~ has revieNed the pra~asal to permtt an automottve aales, service and repair facility tn the Cl (Commarctal, Lirntted) Zone on a rectangularly- shaped parcel of lenJ co~sisting of approximstely 0.~ acre~ havinq a frontage af approximately 132 foet on tt~~e north side of Lincoln Avenue, having a maximum depth of approximetely 290 feet and being located approximatety 52Q feet ~rest of the centerline of Euclid Strest; (1745 West Lincaln Avenue) ~nd does hereby approve the Negative DeclBratlo~ from the raquir~ment to p~epare an environmental imp~ct ~Gpart on the basis that thcre would be no stgnificant individual or curx~lative adverse environmentai impact due to the approval of this Negative Declaratlon since the Ansheim Ganarel Pl~n designates the subJect prope~ty for general commercial and general industria) lend uses comnensu~ate with tha proposal; that ~o sensttfv~e envt~onmental impacts are involved in tha proposal; thet the I~itial Study submitted by the patitione~ indicates no significant individual or cumulative adv~rse 11/17/80 ~ i MINUTES~ ANAHEIM CITY PLANNINC COMMISSION~ NOVEMBER lr~ 198p 00-66 7 envtronmental impacts; and that the Neg~tlve Dectaratton subatAntlattng ths to~sgoing findings Is on file In the City ot Anehoim Plenning O~pa~tn+ent. ACTION; Commissioner King offered Resolutton No. PC &1-197 end rnoved Por tta pessage an a option that tha Anaheim Ctty Planntng Commisstan doos hereby y~ant Petitlon for Conditionsl Use Permit No. 2131 subJect to the petitioner's ~tl~ulatlon thet ~11 work shall be conductad tnside the facliity ond chat all vehicles shal) be parked tn the spaces deslyneted snd subfact to Interdapa~tmentai Committee recommendetlons. On roll cell~ the fo~eyoing resolutlon w~s p~=sed by the fallowing vates AYCS: CONMISSIQ~IERS: 6ARNE5~ dOUAS~ BUSHORE, KING NOES: COMMISSIONERS: NONE ABSENT: COMNISSIONERS: FRY~ I~ERBST, TOLAR It was noted the ~,etttioner wes not presont for Itsm No. G. (Item No. 6 was heard after Item N~. 13) ITEN N0. i EIR NEGATIV~ DECLARATION WAIVER OF CODE RE UIaEMENT AND CONDITIONAL U5E . 21 t PUBLIC HEARING. 041NER5; MALCOI.M A. AND NAOMI U. TOUNSEND~ 856 South Harbar ~oulevard~ Anaheim~ CA 92a05. AGENT: JOSEPH B. OIC~;ERSOf~~ 7271 Ge~den Grove Bouiuverd~ Garde~ Grove~ CA 92fi~+1. Property deacrtbed as a rectanquldrly-shsped parce) of land conslsting af app~oxtrnmtely 5700 square feet, located At 856 south Nerbor Boulovard. Proparty presently clasaifl~d CO (COMHERCIAL~ OFFICE AND PROFESSIONAL) ZONE CONUITiONAL USE PERMIT REQUEST: TO PERMIT AN OFFICE IiSE IN A RESIDENTIAL STRUCTURE WITFI WAIVER OF MINIMUM NUMBER OF PARKING SPACES. There was one (nterested perso~ present, nnd altheugh the steff rcport was not read~ (t is re~erred to and made d pert of the minutos. Joe Dickerson' agent~ statod thry are proposing to use thts property as a manuf~cturer's representatlve o~'fice. He explainr.d all the employees are not there all the time so did not think, parking will be a problcm. Mr. Dickorson indicated cancern because he felt Interdepartme~tel ConMittee recommanded Candition No. ~ limiting the usc of the structure to tNe propo~ed ssles representetive office use wouid ba restrictive if he ever w~ented to seli the property. Jack Whiee, Deputy City Attorney~ explained this condition daes nat act in the nature of rezoning the property to restrict the use otherwtse parmitted and It only applies in the event the condittonai use permit is exercised; thet the ~equest (s for an office use in e residential structure and under the undertying zoning any permitted use in thet zane can still be utilized in the event of sale of ~he property. Cheirman Pro Tempo~e Bushore stated the Commtssion will not be making a decision affecttn~ someone else for the future a~d a new property awner can make a request for eny use allawed within the zone~ expiaintng this would not b~e a zone change. Charles Ltnehan~ 857 South Hale~a, stated he ts not opposed to the va~iance, but we~ted ta know if the block walls whtch were b~ilt by the tndivtdual p~operty owner~ wo~ld be repaired by this petitloner lf they ~re dameged. Ne suggested a 6 or 7•foot 11/17/80 MINUTES~ ANANEIM CISY PLANNING COMMISSION. NOVEMBER 1~~ 1g80 80-668 high rainfarced biock wall be required or a writton statement that the petltioner wlll be responsible for damage if the walis are dams9ed. He stated there (s lass than 20 feat betwaen hi~ house and thr block wali. Mr. Oickerson stated they do not expect customers to vlsit them~ but they wauld expect to repelr any damage csusad by their use. Ne steted a G-foot hlgh wall is required and they tntend to comply with code. THE PUBLIC NEARING WAS CLOSED. AC~TION: Commtssioner Kiny offered a mation. seconded by Commissioner Bouas and MOTION CARRIED (Comnissioners Fry~ He~bst and Tolar being absent)~ that the Anahelm Clty Plannlnc~ Commission hAS revtewed the proposal to permlt an office use In a restdential structure with wafver of minimum number af p~rking speces o~ a rectangularly-shaped parcel of land consisting of approxlMetely 57~n square feet~ haviny a frontage of approximately G1 tert on the eest sicle of 1lerbor Boulevard, having a msximum depth of approximately 93 feet, being located approximately 573 feat north of the cente~llne of Verm~nt Avanue; (iQ56 South Herbor gouleva~d) and does hereby approvc ttie Negative Declaration from thn requirement to prepare an environmental impact report on the basis thst there would be na ~ignificant Individual or cumulative advarse environmental impact due ta the approval of this Negatlve Declaratlon since the Anaheim General Plan dest~netes the subJect property for comncrcial/professional lond uses cormiensurate with the proposal; that no sensittve environmental Impacts a~e involved in the proposal; that th~ Inttial Study submitted by the petitioner indicates no siqniftcant individual o~ cumulattve adverse environmentai impacts; and that tt~e Negative Declb~atton subsCentiating the fo~egotng flndings is on flle in the Clty of I'.nahelm Planning De~artment, Commissioner King offered s motion~ seconded by Comnissiant~ t3ernes and MOTION CARRICD (Cor~rnisslnners Fry~ Herbst~ end Tolar beiny absent)~ that the Anaheim City Planning Commisslon does hcreby yrant the request for walver af codc requirement on the basi~ that the proposed use does not gen~rate e lc+t of traffic and aiso smatler cars require less space. Commissioner King affered Resolution No. pC80-199 and moved for its passage and adoptlon that the Anaheim Ctty Planntny Corm~ission docs hereby grant P~titlon for Condittonal Use Permit Fb. 2133~ subJect to Interdepartrt~ntal Committee recomnendations. On r~ll cail, the foregoing resolutlon was passed by the following vote: AYES: COMMISSIdNERS: BARNES~ BOUAS~ BU5HORE~ KING NOES: COMNISSIONERS: NONE ABSENT: COMMISS10NEaS: FRY. HERBST~ TOLAR Jack White, Assistant City Attorney~ presented the written right to sppeal tht Planning Commissinn's decision within 22 days to the City Council. 11/17/80 ~` ~ r MINUTES~ ANAHEIM CITY PLANNING COMMISSION~ NOVEMBER 17, 19~ 80-66g ITEM N0. ~: EIR NECATIVE OECLARATION ANp CONDITIONAL USE PERMIT N0. 2134: ...+..~ PUDLIC HEARIUG. OWNERSt EQUITEC 77 REAL ESTATE INVESTORS~ 373~ Nt. Olablo Boulevard~ Lafayette, CA 94y49. AGENT: MARKO E. BOTICH~ 1~+26 East Katell~ Avenue~ Anehelm~ CA 92805. Praperty dascrtbed es ~ rcctangul~rly-shaped parcel of land const~ting of approximately 11.8 acres, loceted a~t 1266 and 12~E~A Eaat Ketella Avanue. Property presently classified ML (INOUSTRIIII~ LIMITED) 7.ONE. CONQITIONAL USE PEaMIT REQUEST: TO EXPAND A SEMI-ENCLOSED SANDWICN SHnP ANO PERMIT ON-SALE BEER AND WINE. There was no one indicating thelr prese~ce tn oppos~tlon to subJect request~ and elthough the staff report was not ~eed, It Is referred to and made s part of the minutes. Greg 9otich~ 1426 East Katelle~ stated they wtsh to expand the sandNich shop and sell becr and wine; thet they have becn there ebout two years and cate~ mainly to thc tenants in the Industrial park and thelr customers havc raquested a bigc~er rt~nu and the sale of baer and wine. He stated they have never had any perking problems. THE PUdL{C HEARING NAS C1.OSED. Responding to Commissioner Barnes~ Mr. Botich stated the hours of ope~ation are from 7 a.m. to 7 p.n. ACTION: Commissioner Barncs offered a motlon~ sec~nded by Commissioner King and ~~ CARRIED (Commissloners Fry~ fierbst snd Tolar being ebsent)~ that the Anaheim City Plennin~g Commisslon has reviaved the proposal to permit expe~sion of a seml- enclosed sandwich shop and permit an-sate of bcer and wine on a rectangularly-shaped parcel of land consisting of approximately 11.8 acres~ havinq a Frontage of app roximately 1022 feet on the south side of Katella Avenue~ having a maxlmum depth of approximetety 507 fcet~ being located appr~ximetely 664 feet west of the ce~terline of St~te Coliege Bouelvard; (12E6 and 1266A East Katetla Avenue) and does herebY approve the Negative Declaratton rrom the requirement to prepare ~n environmental impact report on the basis that there would be no slgnifTcant individual or cumulative adverse environmental tmpact dur to the approval of this Negative Declaration since the M sheim General Plan designates the subJect property for general industrial land uses connrensurate with the proposal; that no sensitive environmentel irtq~acts are involved in the proposal; that the Inittal Study submitted by the petitioner tndicates no significant individual or cumulattve adverse envtrnnmcntal impacts; snd th~t the Negetive Decla~ratlon substantiating the foregoing findings is on ffie in the City of Anaheim Planning Department. Commissioner Barnes offered Resolution No. PC80-200 end rnoved for its passage and adoption that the M aheim City Planning Commissio~ does hereby grant PetltloR for Condtttonal Use Permit No. 2131~~ subJect to the petittoner's stipulation that the hours of operation shall typically be 7:00 a.m. ta 7:00 p.m. and subJect to Inte~departmenta) Committ~e ~ezommendations. On roll ca11, the foregoing resoluti4n was passed by the foilowing vote: AYES: COMHI5SIONERS: BARN~S~ BOUASo BUSNORE, KING NOES: COMM15510NERS; NONE ABSENT: COMMISSfONERS; FRY, NERBST~ TOLAR >>~»r8o ~ j MINUTES~ ANAHEIM CITY PIANNING COMMISSION~ NOVEMBER 17~ 1960 80•670 ITE~Mw N,~O,. 9t EIR NEGATIVE DECLARATION ANO CONOITIONAL USE PERMIT N0. 2135: PU~LIC HEARING. OWNERS: TERRA FIRMA PROPERTtES~ INC., Suita 209~ 438 East Kateila Avenue~ Andheim, CA 92G67• AGENT: LYLE GUSTAVESON~ g040 Telstar~ Sutte 121~ E1 Monte~ CA ~1731. P~operty doscribed as a rectengularly-shaped pa~cel of land consisting of approximetely A.y acre, h~ving a f~ontage of approximately lA0 feet on the ~ast sid~ of Harbor Boulevard~ hevlny a maxtmum depth of e~proxtmately 290 feet~ beinq located approxlmately 165 feet south of the centerltne of Wilken W~y. Property presently classified CG (CONMERCIAL~ G~NERAL) CL (COMMERCtAL~ LIMITED) AND PLD-M (PARKING/I.ANDSCAPE DISTRICT HANUFACTURING) 20NE5. CONDITIOt~AL USE PERMIT REQUE5T: TO PERMIT A DaIVE-T1iR0UG1i RESTAURAI~T. There was no one indtceting thelr presence in oppositlon to sub~ect request, and dlthough the staff report was ~ot read~ it Is referrecl to and made a part af the mi nu tes . Lyle Gusteveson~ agent~ was present to answer any questlo~s. TliE PUEiLIC NCAAIt~G WAS CLOSED. Commissioner King clarifled that the existing northe~ly driveway on Narbor Boulevard wilt be closed, with Mr. Gustaveson explaining the c~rculatton patt~rn and stlPulattng that the drivevray will be closed. ACTION; Co mmi~stoner King offered a motlon~ secondcd by Con+miasloner Bouas and ~bR CARRIEO (Commissioner Fry~ Nerbst and Tolar belnq absent), that the Anahelm City Planning Commission has revtewed the proposal to permit a drtve-throu9h restaur~nt In the CG (Corm~rcial~ Gene~al) and CH (Commerciel~ Heavy) Zones on a rectangularly-shapeci pa~cel of 18nd consisting of approx{mately 0.7 r~cre~ having a frontage ef approxirtwtely 100 fcet on the east slde of Narbor Boulevard~ having a maximum depth of approximately 2~0 feet and being located approximately 165 feet south of the centeriine of Nilken Way; and does hereby approve the ~+~=gative Declaration from tfie requirement to prepare an environmental impact reQo~t on the basis that there would be no significant individual or cumulative adverse environmentai impact due to the bpproval of this Negative Declarattcx~ since the Anaheim General Plan designates the subject property `or general comiriercial land uses corru~~urate with the proposal; that no sensitlve environmentat impacts are involved in ~t~-e propasel; that ~he Initial Study submlttcd by the petitioner indicates no significant individual or cumulative adverse enviranmental tmpacts; and that the Negative ~eclaratio~ substa~tiating the foregoing findinqs is on fite 1~ the City of Maheim Planning Department. Commissioner King offered Resolution No. PC80-201 and moved for its passage a~d adoption that the A~aheim City Planning Commlssion does hereby grant Petition for CondiLional Uss Permit No. 2135, s~Ject to Interdepartn+ental Committee recommendattons. 0~ roll ca11~ the foragotng resolutton was passed by the following vote: AYES: COMMISSIOWERS: NOES: COMMISSIONERS: A9SENT: COMM{SSIONERS: BA~iNES~ BOUAS, BUSHORE, KING NONE fRY, NEa95T~ 30LAR 11/17/~ ~ ~'` MINUTES~ ANO.:iEIM CIT11 PIANNiNG COMMISSION~ NOVEMBEa 1~. 19$0 $0-6~1 TEM No. 10: EIR CATEGORICAL EXEMPTION-ClASS 1~MIAIVE.R OF CODE PUBLIC NEIIRING. OWNERS: JONN AND DEANHE A2IZIAN~ 6331 Innsdale Orive, Nollywood, CA 90U6Fi. hCE~~T: MELVENA A. TFtENNOLN~ P. 0. tiox 2~~21-H~ Anohelm, CA 92R04. Property descrlbed as a re~ctengulariy-shaped parccl of l,and consisting of appraxinu+tely 0.5 ecre, located at 419 South Brookhu~st Streot (EcstACy pl). Pro~+erty preaently clessificd RS-A-4~~OO~J (RESIDCNTIAL/AGRICULTURAL) ZONEe CONDITIONAL USE PERMIT REQUEST: TO PERMIT A MASSAGE PARLOR WIT11 WAIVEP. OF MINIMUM DISTANCE FROM A CNUPCFl. There was one person I~dicating his ~reaence In oppesltion to subJect request~ end ona pers~n i~ favor~ enJ although the stefP report wes nat reed~ It is referred to and made b part of the ml~utes. Wllliam Walker. agent~ stated the petttloners are aresent to answe~ any questions. Ne stateJ this permit i~ req uested based on the 5 ye~r uperation of thls business at this loc~3tlo~; and et~at the petltioners havc haci no difficultt~s with tl~e Potlco Dn~ar[ment. He stated this (s definitely an establish~d business distr;ct; that th~ d(stnnces required by code are established primarlly "as the crav flies" and this busines~s fs substAntlall~ located so as to actually be free frcxn involvement ~vlth the residentia) a^ea or the church which are araund tt~e corner and da~m the block. Nr Wallcer stated the petittoners would be faced with considerable expense If requlred ta relocate their ~usine:ss; that thelr inittal estabiishn+e~t cost was S35~000 and with to~ay's cost increasc~ that wouid probably double~ tf they could find e new location. Ne stated~ however~ with the distance requiremencs~ there seems ~o be few~ if eny~ areas chat would be ncceptable and In light ~f these c(rcu~tances~ the petltloners are requesting permtssion to co~~•:Inue thelr operatian. Ne stated four or five owners h~ve formed their awn qroup ta po~~ce their vwn ectivitres and try ta matntain ape~attons tt~at th~ city can Ftnd consistent with gaad medical and healtl~ practices and good tegal~ morai practices. Bill Cooper stated he livcs within a block of one of these est~blishments and he atated the netitioners are here because the city has classifled this use as an adult business. rie stated hc~ did not tl~i~k it shauld be because he took his 17~year old son to on~ of +~ese estaolishments for a massage and sauna when he was injured playi~g footbali and he knows of othcr minors who have gone to one of these establlslin~ents. Ne steted he fc~! this ts the city's way of trying to rtd themselvea of somethin~~ that they do not want and he felt in this case that thls is not an adult business and the permit shoutd be granted. Mark Zet~e. 2565 East Chapman Avenue~ Fullerton~ stated he owns the office building et 423 South Brookhurst~ adJacent te thts business. He strted he has had no problems with the massage parlor. but has found tenents leaNing and prospecttve tenants not leasiny from him because of the business. He stated if he had a choice h~ woutd prefer that a rtassage parlor not be located there. ~e also felt a massage parlor attracts other types of undesirable use such as u tatto business. etc. hkivina Trennolm~ owner of Ecstacy No. 1~ stated this establishment is legitimate and was butlt in conformance with all requirements. She sta:ed she is olvorced, raising three children a~d this is her full support; that her children are allowed in this astablishment and she has Invited City Cou~cil members !o visit; that there are no locks on the massage doars and they heve peek-holes tu ~bserve what is going on; that it/17/8a ~ ~'~ MINUTES~ ANIIMEIM CfTY PLIWNINC COIIMISSIOM~ NOVEMOEII 17~ 1980 80•6~2 the~r have a~~une and wh I r I pool and cater LO MOf11Qn and men ; that th ( a estsb I 1 shment Is for health purposes and she attended school and studied with a chiropr~ctor~ and sl) the employaes ar~ lictnsed; ~nd thst they have not c~ us ed ~ny trouble In this shopptng center. THE PUBLIC HEARING ul1S ClOSCO. Jeck White, A~sistent City Attorney~ explalned Chept~er 1I~.~9 of the Anaheln~ Muntcipal Code d~ffn~s en odult busin~ss to ~ncompess several catego ries, one is the type of buslness that caters exclusively to persons ~ver the ege of 10 years old ar hat~ omployees exc~usively over lII yenra old. tle statcd one at her type of bustness cstegorized as an adult buslness (s eny business for whlct~ ~ message permit Is requirad pursuant tn Chaptcr 4.29 of the Anaheim Municipal Code und any messege estabitshment Is catec~orized as an adult buslness even in i~stences where per~ons under 18 Ara pcrmitted to be patrons. Mr. Whitc explalncd thc Commisslon has hdd sevc,-ai similr~~ applicatlons and the provislons of the cod~ pruvide that notwit`~~tanding any othcr pro~~lsions of the code~ no canditlonal use permit shell b~ granted by the city fo r any su~h "adult entertalnment buslness" if the prcmises is tn b~ IocAted o r Is !c-c~+:eQ wlthin 500 feet of any lot zoned far residentia) usc; or within 1~OQA faet of any lot upon which Chere is located a church~ ar aducatlonat insticution utllizcd by r~inors; or wtthtn 1~000 feet ~f any lot where there i s 1 c,cated any other adu 1 t entertal nment bus I ness . Ile explalned che Ctty Atcorncy's offtce has given the tnte rpretation that thiY n+eana that whereas in a typical zoning casa~ the Commiss{on wouid have the authority under the provlsions c~f Chapter tti.n3 to grant a varlance or waiver from the distance Iimltatians thP I~nquage of thls particular section is w ritten in such a way to provide th~t ry~twithstanding thosc waiver provlstons~ ~he Commis: ~n ts not allawed ta grant that permlt in thosr situattons; therefo~e~ the P1Anning Conr.+lsston does not have the p~wcr ta cntcrtain appraval uf cc+nd(tional use pernits In thts situat!on where they are not in cocpliance with tht cllstance requirements. Mr. Wh(te stated the sarrc ordinance does provide that ~ny h~5lnesS that is in thls situattan and cannot get a cc~nditlanal use pe~mit. may ap ply for an ~xtenston of time+ for ies nper~tion not to exceed an addltional cwo years f rom December 20, 1980~ the effective dete af the abatement~ and although In this situation tt would n~t be withi the power of the Planning Commixsior to l~g~lly grant thls aDP~tcatton~ the appli:ant may well pursue the admintstrstive remedy of req uesting an axt~nston of Cima far an edditionai two y~ars to ccmtinuc the operatio~ of th~ b~siness ac the present locatian. He stated that application would be rw de to the City Council. It was noted the Planrin,y Dire~tor or his suthorized repre sentatlve has determined that the p~oposed project falls within thc deftnttlon of Categortcal Exemptlons~ Class 1, as definaci In paragraph 2 of the City of Anaheim Envlronmental tmpact Repo~t Guldelines and is, therefore, cet~gortcally cxcrt~; f~om t he requiremant to prepare an EI R. AC710N: Commissioner King offered Resolutlon Mo. PCBn-202 a~.d nnved fo~ its paasage an~-a~opt i~.n tha t the Anahe i m C i ty P l snn ( ng Commi ss i on does hnreby deny th~ Pet i t l or. fo~ Candltional Use Permii No. 213G on the basis tt~at pursuant to Section 18.$~.030.020 of the Anaheim Municipal Code, the Pianning Commisston tennot legally grant the permit because s~bject property is located app~oxtmetely 4G0 feet to the north of a church and school site and 130 feet east of a si~gle-family residential property. MIMUTES~ ANAHEIM CITY PIANNING COMNISSION~ NOVEMBER 17. 19~ 80-673 Un roll call, the foregoing resotutlo~ was passed by the following vote: AYES: COMMISSIONERS: BARNES, BOUAS~ BUSNORE~ KING NOES: COMMISSIONERS: NONE ADSEI~T: COMMI SS I ONERS : FRY ~ IIEPBST~ tOLAR Jsck White, AsslstanR City Attor~ey, presented the written right to appeal the Plannl~g Commission's deciston witl~ln 22 clsys to the Ctty Council. Durtng discussion of Item No. 11~ it was detarn~lned that a motlon should have been made pnrtalniny to the waiver of code requirement. Comnlssloner King offered e motion~ seconded by Commissioner Barnes ar+d MOTION CARRICD (Commissloners Fry~ Nerbst and Tolar being absent)~ that the Anahetm City Planning Cortmisslon Jo~^s hcr~by deny the request for aatver of code raqulrert~nt on the besis that F~ursuant to Sectton 1$,89.0;0~020 of the Anahetm Muntcipal Code, thn P+an~ing Conmission does not h~ve thc authority to le~elly grsnt the request. N N0. il: EIR DI IONAL U5E~ EXEMPTION-C 7~ R GF CODE REQUIREMENT PUBLI C NEARI ~~G. 0',1NER5 : f1ARVEY 5. AND NQRMA. M. 041EN ~ P. 0. Box ~~4 ~ Tust 1 n~ CA 92c,~o. AGEN75: GWENDELY~~ FAY A~O~ 173~ SouCh Euclld StrcQt~ Anahelm~ CA 92804. Prope~ty decribe~d as a rectangulariy-shaped parcel of land consist'~~g of approximetely O.G acre~ loc~ted at 1730 South Euclid Avenue (Mailson de Massage). Pro~erty presently clASSifled CG (COMMERCIAL~ GENERAI) 7.ONE. CONDITIONAL USE PERMIT RE2U~ST: 70 PEitHIT A MASSAGE PARLOR AND SAUNA NITN WAIVER OF MINIMUM OISTANCE FROM RCSIDENTI!-L ZONING~ There was r~o one tndicat~ng their ~resence in oppositian to sub)ect redues:~ end althuu9h the staff ~epor: was not read~ It is refer~cd to and madc a psrt of the minutes. W(litam Walker. ~epresontiny the agent, stated in view of the remarks by the Clt•/ Attorney during the prr.vious hearing~ he would not burden the Cam~lssion with any additlonal remerks. He explained h~e is appesring at this hc~arinq primartly because che argument in Superio~ Court 6y the City Attorney of Mainelm was that thls p~oce~iure hud not been followed and e request had not been inade by the appticant~ for this permit. lie referred to Mr. Nhite's camments regsrdtng the q~cestton ~f validtty of the ordin~nce and stated there se~ns to be nothing in thet ordinance which would prsclude the Commission from grbnting a permit for any particular reason, providing. of caursc~ tha~ it met the Griterie or Pactors necessary. He submitted chere is ~nly one possible outconk of a he~ring u~der these circumst~nces and ta classify a business as an adult business takes fran tt the rtght to operate atter an extended nurrber of years unde~ a legsl Itcense and the defTnttion denies this buainess fts operation upnn an ordtnance that has already once been declared l~valid by the Sup~ame Co+~rt~ pfedicated on the simple p~emise thdt It is e denial of the rights to have and hold property. Na stated the claim of this parttcular petittoner after S years of operatton ts that sha cannot move ber business to any other location withtn 11/17/80 ~, , MINUTES, ANAHEIM CITY P~ANNING COMMISSION~ NOVEMBEa 17~ 1980 GD-674 !he City of Aneheim as nan~ rAally exists which wouid meec the criter(a see forth. Theraf~r4 if she cennot move to reach that criterta~ then the concluslon cen only be reachad th+~t the ordinance wes drafted with the deliberete dest~n ef ending this psrttcular buslnoss~ reg~~rcJlass of the rights of the party; end thon the exemptlon provided fp~ in the event af hardship I,arclly replaces a property ric~ht by extendtng the period of ttme for operatien. TI~E PUI3LIC HCARING WAS CLOSED. Ic was n~ted the Pianning Dlrector or his eutho~(zed repres~nt+~tive has determined that the propased p~oJQCt falls witliln the definition of Categurical Exempttons~ Class 1~ as deflned In pa~agraph 2 of the Clty of Anahelm E~vironmental I pact Repo~t Gui de I f nes anci is ~ therefore ~ categor I~a i ly cxampt from the requi rement tu prepare an EIR~ AC_TIOl1: C~mmi ss i oner K1 ng of fered a rrot lon ~ seconded by Commiss f on~r Bouas and MOTION ~ARRIED (Cammiss(oncrs Fry, fl~~bst and Talar belnc~ absont). that the Anahein~ Clty Planning Commission docs hereby deny the request fo~ walver of c~c+e requtrement on the basls that pursuant to Sect ion 1$.8g.A30.Q20 of thc A~ahelm Municlpal Code, the Planning Commission does not have the authorlty t~ legal ly gr~nt '' e request. Commissioncr King offered Resolution No. PC80-203 and moved for its passage and adoption that the Anaheim Ctty Planning CommtSSlon doe~ hereby deny Petitlon for Conditional Use Permit No. 2137 on the bASts that pursuant ta Section 18.89•~3~.020 of the Anahcim Municipal Code~ the Plann(ng Commisslon does not have the authority to legai ly grant the permi t beceuse subJect prnperty is laceted lmmedlately adjacent to restdentlal ly zoned property to th~ nortl~. On rc~l l cal l~ the foregotng resoluzic ~ was passed by the foi lowing vote: AYES : COMM I SS i'~h1E RS : BARf~ES ~ B OUAS, OUSHORC ~ Y, ~ NG NOES: COMMISSIONERS: NONE ADSCNT: COMMISSIONERS: FRY~ NERB ST, TOLAR ITEM N0. 12: EI R CATEGORI CAt. EXEMPTI ON-CLA55 1 AND CONDI TI ~IA~ USE PERMIT N0, 213 PUaLiC NCARING. OWNERS: ERIC MARTEN, ANAFIEIM nUSINE55 CENTEa. 1212 North Broadway, Suite 14Q~ Santa Ana, CA g27A1. AGENT: DAViD ALLYN NElOHAM, 2532 Clrcle Drive~ kewport 6each~ CA 92663. Nrope~ty described as a rectnnc~ularly-shapcd parcel of lend consisttng of approximately 0.l~ ac r~, located at 1~~i0 Blue Gum Street. Property presently classifteci ML (lNDUSTRI/1t., IIMITEO) IOf~E. CONUITIONAL USE PERMIT REQUEST: Tt7 PERMlT AN ATHLETIC ANQ B~DY-BUILOING GYM. Thcra was no one (ndicating thetr presence in oppositia~ tu subJect request~ and Although the staf` repo~t v+es not read, it is referr~d to and m~de a par~ of the mtnutes. 1i/17/80 \ .< MINUTES~ ANAN EIM CITY PLANNING tOMMISSION~ NOVEMBER 17~ 1980 80-675 D~vid Noodh~ m, agant, explatned his proRosal ts to develo~ a body-building gymnstium i,~ this Industrlal ares for me~ and wanen. He ~t~ted he has cho~en this sf te becausa of the qhys i c~ l ch~ rac te r t s t i c needs f or a gym w t th h i gh ce i l t ngs and no w i ndows . Ile stated he has discussed the proposel with some of the employees tn the area and they ar. al) loc~ki~g forward ta the development. TNE PUBLIC HEARING WAS CIOSEn. Conmisslone~ 8ernes esked if ~ tralned supe rviso~ will be on duty all the tlme. Mr. Needham ~eplted he will hire one employ ee ~nd thet he w111 supervtse the afternoon ahi ft; that he I~as baen doinc~ thi s klnd of work for A or a years and because of acc 1 dents ns e your,h has been i nvol ved w i th f 1 tness anci exerc i se and Fe I t hc is quallfied to ~upervise Ras;oonJing to Cortmisstoner Kii~c~ reyardinh children being admitted . Mr. Needham atated this p~oyram wi l l prtme+~i ly be weights ~nd rtx~chines an~i chl ldren shauld nat be i~volved In that type of exerctse p~ogrem~ bui children would certainly be altawed and welcome to the fac(lity. Chairman Pra Tempore Busl~ore asE:ecl If there wt 11 be any plenned classes and Mr. Needham axplained there wtlt be no classes. hut he will have a progrem for new people, Ne stote~~ '~e plans to have an a~ea to shc~w f i Ims fo~ rehabl 1 itating hand i capped p~op 1~. Hn a I so oxp I a i ned he expe:cted mos t of h i s cus tcxn~ rs to be f rom the industriat area and thay wouici have to drive there to use the facility on the weaknnds, He Ind(cated t~e felt parking wi 11 be edeq~,c~ ~~nd he would nat expect to hev~ more than 10 p~ople working out at one time. Commissloner Bouas asked if the petitione~ ex~ected more than 1~ pstrons during the 1 u~ch hou r an~f Mr . ~~eedham rep I 1 ed the noon c rowd •.: yh t ex4eed 1 ~~ but thouqh t scxne woulci walk to the faci 1 i ty. He cxplained he will hnve shawers but not saunas. Ne stated he hes a three year lease. It was notrd the Pl~nn{ng Dlrector or his a~tt~orized representetlve has determined that the proposed proJect falls within the deftnition of Categorical Exempttons~ Class i, as dcfin~d in par~~yraph 2 of the City of Anaheim Envtronn+ental Impact Report Guidol(nes and ts, th~:refore. categor~caliy exempt from the ~equlrernent to prepare an EIR. ACTiON; Con~r~ntssioner King of~ered Resolution No. PC80-20k and moved for lts passag~ a~option that the Anahelm Clty Planning Conmission does hereby qrant. Petition for Condltional Usc Permit No. 2139, for a period of three yeers. subJect to Interdepartr.+ental Conmittec recommendations. On rol) cai 1. tho far~going res~lution was paased by the fol Ic~wtng vote: AYES: COMMIS~IONERS: bARNES~ BOL'AS. 8USH0~' , KING NOES: COMwISSIQHERS: NONE ABSENTt CAM~IlS51~MERS: fRY~ HERBST. TOLAR RECESS Ther.e was a fifteen-minu[e recess at 3:04 p.m. .~.__ RECONVENE The n~eeting was raconvened at ;:15 p.m. .~... 11/17'/$0 { r MINUTES~ ANANEIM CITY PLANNING COMMISSION~ NOVEM9ER 17~ 19Ca 80•676 ITEM ~J. 13~ El~l NEf,ATIVE DECLAMTION AND CONnIT14NAl USE PERMIT Nb. 2140: PUBLIC NEARING. O~INERSt L. STEVEN AND ESTFIER iIOSE ~Ot•G~ 2812 East Shady Forest Lsne~ flrenge, CA 926G7. AGENT: LARMOR QEVELOPMENT COMPANY~ 11c11 South G~end Avanue~ Suite K~ Santa Ana~ CA 92705. Property de:cribad as a rectanc~ularlysheped pa~cel of land consistt~~ af approximat~ly 1.4 acres located st t~e narthwest corner ot Cerrtt~s Avanue and State College Bouleva~d. Pro~erty prasently cl~sstfted ML (1NOUSTRiAI, LIMITEO) ZONE. CONDITIONAL USC ~ERM17 REQUEST: t0 PERMIT A PROFESSIONAI. O~FICE BUILDING IN Tt1E ML 20N C . There was no one in~icattny thetr presence in oppnsltion to subject ~equest~ end although tt~e staff r~port was not read~ it ls referred to and madc ~ part of the minutes. Chuck Lester~ 11~~1 South Grond~ Suite K~ Santa Ana~ CA ~27~5~ egent~ was present to answcr any questions and cx~lalned Larmor DevelapmcnC Company would mave thelr offices to tl~e p~oposed offic~ bullding. TIiE PUEiLIC 11EARING WAS CLOSEO. Gomn~issioner Klny referred to the lisc of proposad uses whlch t~clude Adult education centers and askeJ (f there a~e any cla~ses pl~nned where students would be attendinc~~ inJicating he was canccrned about parking. Mr. Lester explained the praposcd uses for education would t~e for the adminlstrative lovel and woulci not be ~ classronm situatlon and would be centers whcre one or two people cou1J come in and get informatton o~ a busi~ess level. Chat~man Pro Tempore Bushore referr~d to the p~oposed clvic organtzations and asked tf organix~tions could rent office space to solicit far charitabla functlons a~d Mr. Lester e::plained that wc~uid be office uses for civtc organizati~ns for the administrative portion of thatr work. He stated thc sD~~e .~ould be rented fo~ three or four people. Commissioner 8arnes asked wliat uses the petltioner had in mind fo~ the bullding~ and Mr. lester expiai~ed tha uses wouid probably be architect. engineer, attorney. development c~mpany~ m4rtgage com~any~ title cortpany. etc. Chairman Pro 7emporc Bushore steted nc~rmally a financial backer of a development like this would want to know what uscs are proposcd and would want seyerai tenants al~eady lined up before canstruction bagfns. Mr. Lester stated typicatly financtal back~rs would want to know that the proJect is financet~ble and that tht developer is folla~+ing along the lines for which the money was loenad. Ne stated they have not started any programs yet. Commisstuner @ouas was concernad ebout park{ng for the proposed banks snd Mr. Lester indicated they are thinkinv of s~ving~ and loan institutions snd if a bank ts allawed the parking wouid have to be reconsidered to meet requtraments. i t/17/80 ..:~ ~~ MINUTES~ ANAHEIM GITY PI.ANNING cOMh11SS10N~ NOVEMBeR 17~ 1980 80-677 Commlssionnr Barnes Weu hore~felt thaupetitoner9gaveftheclongtilstpinpen~attamptato Cha t rr~an Pra Tempore B s cover all bases. Commissioncr Barnes lndlcated concern beceuse this is the industrial area and aorr~ of the proposoble~~s $She askedylfethecproposalplsAbasically1for~theiredevelopment~~use parking pr cc~mpeny wi th accessory uses. M~. Lester stated sinca thelr offices will be lacnted here~ they will seck e high leve) of professional people for thc other offices. Iln felt stnce their compeny wtll vwn a~d mane~e the complex~ there will be n~' problems. Commissloner Barnes asked that all the educatlonel uscs bc ellmtn~ted from the list. After Chairman Pro 7empare Bushorc pointed ~ut the cunditio~~l use permlt could be revoked at any tim~ in the future If thcre ~re problems~ Commlssloner Barnes stated (t is hard to rcvoke an cxisting use and pofnted aut this ls a prafesstonal office butlding in tt~e Inaustrial zone. She asked if thc pctltioner would be w1111n9 to eliminate the~abort er fessional~,tetc. and the~educa[lonbaclministr~+tinnalevelhamt~er of Commerce~ ~ P Michael Moorc~ representing Lermor Dev~lopmcnt~ stated he would ellminete the education~-1 uses propased but would ilke to keep the business and trade associations. fla referred ta a use such as the bar asscciation who might want to set up headquarters. He st~ted they would maet parking requlrements; that this wi11NQe a quallty offlce bullding a~~~ will be ownud and maintained by the petitlaner. stated they wou~a be w!iling to eliminbte those three uscs and requesi a permit if d special uae comcs in. Commissioner he~~1eS~oreducatlo~alcuses~beingAelimina~edssociatlon could be left on the list~ wlt ACTION: Commissioner ~arnes -.ffered a motto~~ s~~conded by Commissioner King and ~~N CARRIEU (Commi~sioners Fry~ Herbst and TolAr being absent)~ that the Anaheim City Planning Commisslon has reviewed thc propo~el to pe~mit a prof~ssional offlce butlding in the ML (Industrial~ Llmited) Zone o~ a rectangularly-shaped parcel of land consisting of appraximately 1.~~ acrPS located at the northwest co~ner of Cerritos Av~nue and Stnte College Soulavard ai.J havtng approximate trontages of 272 feet on the north side of Cerritos Avenue and 230 feet on the~ west side of State College Boulevard; and does hereby approvc the Negstive DQ~larattun frcxn the requirement to prepare an environmental impact report on the basis thet there would be no siynificanc individual or cu~nulative adverse enviranmental tmpact due to the appr~val of this Megetlva Oeclaration since th~ Anahetm General Plan designates the subJcct p"operty for general ',~dustrlal land uses cammensurate wlth 'he propos~l; that no scnsitive environmental impacts arc inv~lved in tht proposal; that the Initial 5tudy submitted by the petltioner indicates no significant indtvidual or cumuiat?ve adverse enviro+-me~tal impacts; and that the Negatlve Declaration substentiatT~g the foregoing find?nys Is on file in the Clty of Anaheim Pianning Uepartment. Commissloner Bih eA~ahelmeCitysPlonning Co•mn+ission5doe herebYf9rantsPetition for adoptio~ that ~ ~ 1 ~ MINU7E5~ ANAHFIM CITY PLANNING COMMISSION~ NOVEM6ER 1)~ 1980 80-b78 Condltio~a) Use Permlt No. 2140~ subJ~ct to ths adult educatio~ centers~ and educstion-administrative lavel proposed uses bain~ ellmtnated from the petitioners submltted Iist and subJect to Inte~departmenta) Committee recommendations: On ra~l call~ the foregoln9 resolution w~s pst:ed by the followtng vote: AYES: COMMISSIONERS; BARNES. BOUAS~ BUSHORE~ KING NOESs COMMISSIONERS: NONE ABSENTt COMMISSIONERS: FRY~ IiERBST, TOLAR ITE~ 6; EIR NEGATIVE DECLAaATION AND CONDITIONAL USE PERNIT N0. 2132: PUBLIC HEARING. OWN~RS: GLEND01~ R. AND SNIRLEY G. MILLER~ 2121 Skyltne~ Fullerton. CA g2631. AGENT: G~ORGE WADE~ 6074 Camtno Manzana, Anahetm~ CA 92a07. Property descrtbed as d rectangutarly-shaped parcel of la~d consisting of apprpxtmately 0.96 acra, loceted at 2820 East Mi~alome Avenue. Proparty pr~sently classtfied Ml, (IN::JSTRIAL, LIMI7ED) ZONE. CONDITIONAL USE PERNIT REQUEST: 1'0 PERMIT A TRUCK REPAIR FACILITY. There was no one Indicacing their presence in opposlt(~n to subJect request, and althougl~ the staff repnrt was not read~ it ~s refer~ed to and made a part of the minutes. George Wade~ pctitlonnr, pointad out the address as s~~own In t',c st~ff report should be correcCed to 282~ East Miraloma Avenue. TiIE PUaLIC NEARING WAS CLO~ED. Respondin,y to Chai rrr~n Pro Tempore E3usFx,rt Mr. Wade stated most of the) r work wi 1 1 be performed on 13-wf~eet trailers such as re~airing tlres~ ro~fs. floors~ etc. Ne stated rtast of the trucks and t~eilers wil{ !.e concealed behind the fence. Chairman Pro Tempore Dushare was concerned ebc~ut the turni~g radlus for these vehicles and Mr. Wade explalned the property Is 132 f3et wtde and the tractor and trailer are actually 55 feet long and the drlv w+ay is 36 feet wtde. He stated the er ror was made o~ the F 1 an . M~. Wad~ stated the 10'x ;0' trailer witi be ustd aa ~•n office and they have a four year lease and the traller in the rear wi~l be used for storage. Chairman Prn Tempo~e Busho~e felt maybe this is not the right locatlon for this use because of its size end did not think that the turning radius would be adequate. Mr. Wade expl~ined the drlv~way ts 3G feet wide end is adequate; that the tratlers are 90" wide and are backed in. He felt there would be from S to 10 vehictes there at any one timc. it/17/80 , ~ MINUTES~ IWA-IEIM CITY PLANNING COMMiSSiON~ NOVEMBER 1~~ 1980 g0-679 Commissloner Ktng suggested a timc limit of two years to sce hc~w the use dffects the area. Mr. Wade st~.ted he wouid p~efer a four yeer time limit becouse he haa ~lready laased the traller. Chatrman Pro Tempore Bushare ask~d ~he p~etitloner to stipulot~ that vehicles wtll be parked ~n the property and hot o~~ the street~ which Mr. 4fadc did. Chalrman P~o Tempare aushore ~:ated if the use creates o problem for the neighborhood~ it can be revo~~d and indicated hc isconcerne:d about the use and wili be watchiny it. ACTION: Commtssioner Kin; offered a motton, sccnnded by Comnissloner B~rnes and MO IT~ON CARRIEU (Commisstoner Fry~ Herbst and Tolar being abscnt)~ that the Anehelm City Planniny Commtsslon haa revtewed the ~ro~~s~l to permit e truck rerair facility in the ML (Industrial~ Limited), Zone on n reci.,ngularly-shaped parcel of lsnd consisting of appraxlmataly A.U6 acrc, hevinq a frontage of approxtr~ately 132 feet on the south Side of Miralon~ Avenu~~ having a meximum depth of approximately 2S5 feet and belny locaced approximately 2~,5 f~et east of the cent~rltne of Blue Gum Street; and does hereby approve the Nego~lve Decleretion fr~~~ the requirement to prepare an environmental impact report on the basis that there would be na s(gnificant Indlvidual or cumulative adverse envlronmental impact ciue to the approval of thls Negattve Declaration since the Anaheim General Plan designates the subJect property for general Industrtal land uses cammensurate wtth the proposal; that na sensitlve env(ronmental impacts arc invalved in the proposal; th~t the Initial Study submitted by the petitio~er indtcates no signlficant i~divldual or cumuletive adverse environmental (mpacts; and that the Negative Declaratto~ substantiattng the foregoing findtngs is on file in the City of A~ahetm Planntng Dept~rtment. Conmissioner King offered Resolution No. PC80-199 and moved for (ts passage a~d adoptton that the Anaheim City Planning Cammission does hereby grant petitlon for Conditiona) Use Permit No. 2132 for a perlod of two years~ subJect to review and subJect to the petitione~'s scipulation that all vehictes ~I11 be parked on the property a~d subJect to Interdepartmenta) Committee recommendations. On roll call~ the foregotng rPsolution was passed by the following vo~e: AYES: COMMISSIONERS: BARNES~ BOUAS~ dUSIiORE~ KING NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS; FRY~ HERBST~ TOLAR 11/17/80 ~ : ; ' MINUTES~ ANAH~IM CITY ~PLANNING COMMISSION~ NOVEMBER 17, 1980 8~-b8A ITEM N0. 14: EI_R NEGATIVE DEC:.ARATION. RECLASSIFiCATION N0. 8Q 81, 17 AND VARIANCE . : ~~ _ PUI~L.IC NEARING. OWNERS; 81LL J. NICKEL~ ET AL~ a151 ICatalla llvenu~~ Stan~on~ CA g068~. Property described as a rectany~ilarlyshaped percel of land consisting o~ epproximetely 0.4 ecre~ locAted at 1217 South Nutwood Streot. Pr~perty preaantly classified RS-A•43,OOQ (RESIDENTIAL/AGRICULTURAI) ZONE. RECLASSIFICATION REQUEST: RM-1200 VARtANCE REQUESt: WAIVERS OF: (a) MINIMUN LOT AaEA PER lrilEll.ING UN17~ (b) MAXINUM STRUCT;IRAL tIE1GHT~ (c) MINIMUM RECREATIOf~AI-I,EISURE AREA~ AND (d) MINI~IUM DISTANCE BETWECN BUILDINGS PROPOSED TO CONSTRUCT A 16-UNIT APARTMENT COMPLEX. There wAS no one (ndlcating their presence in oppos(tion to sub,j~ct request~ and ~Ithough the staff report was not reed~ it is refer~ed tn and made a p~rt of the minutes. ~111 Nickcl~ owner~ was present to answer any questlons. Rtta Reyes~ 1927 Ch~+teau~ stated she has lived here far 22 years and her pr(mary cancorn is the maximum density because there Is a parking prublem In the area cur~ently; and most apartments have cwo resid~nts and two vehtcles and one would have ta park on the street rr !n tt~e ModJeska Park parking tot; thc~t Trtdent Junior High Schoo) is closed and she was concerned that the Plan~tng Commission cannol oeny someone elsc thc.sc same privileges and chere w(11 be further requests i~ the area far tl~esc same wafvers; that Nutwood is a narrow street and therc ar~ problems because of children on bicycles and parked c~rs and ~eAple backtng out af their drlveways. She stated she Is opposed because of safety~ traffic, parking and che possibl~ity of ~ddittonal apartments. Mr. Nicke) stated the plan meets most of the code requYrements; that waiver (a) is necessary because of the design of the p~oJect to get the cars off the street~ pointing out a lot of praperty is lost becaus~ ~f the driveways. He stated he could have designed the proJect with ail the carports uut frant, but did not think that is conststent with trying to keep the property rentable and desirable for resale. He stated the proJect m~re thar. meets parking ~eq uirements; that the courtyard deslgn was used to yive the proJect light and landscaped area; t1-SC to the south of this preperty there is a single-family r~sidence and the property owner has not ob)ected Co this rcquesc. TlIE PUBLI C NEARI NG WAS CLOSED. Chairman Pro 1'empore Bu~hore pointed ous a correction in the staf -eport~ parag~aph 6, which shows the property size as 1.75 acres and tt should shaw .t~ acre. Camnissloner King stated he is unnble ta find hardships for the walvers. M~. Nickel pointed out the p~ope~ty to the south is currently developed with RM-1200 and the adJacent southerly property wlil be developed for apertments '~~ the future. He stated he would like to purchase that propercy to the souxh ar~d develop ~t in this same manner. He explained the ~aiver of the unit sfze is request~d because the 11/17/80 ,, i MINUTES~ ANAHEIM CITY PLANNING COMMISSION. NOVEMBER 17~ 198G ~~~'81 drivawsys were deducted and his calculatlans show the untta ~t mc~re then 120b aqu~re fee• and he did not realize ho waa not nweting thet ~ade requlrerr~nt. Chalrman Pro Tempore statod (t is up to the petitionor to shaw the Cnmmisslan tha herdshipa end he cannot see any hardships par•~Ining ta the prope~ty. ~la felt thls many units on .AA acre would ~eally impact the area with a lot of amsll one•bed~oom ~~~i ts . Mr. Ntckcl stated codc requlres one-bed~oom untts to be 7~0 square feet and these are 7U5 t~ ~4y square feet, and th~t hc was under thc Impres~lon that because of the housing crtsis and the fact no developer ts bul)ding Apa~tments~ the city would be open t~ sugyestlons for smalier unl^s for people who heve hardships. Chalrrt-an Pra Tert~ore ~ushore stated if the petitloner wtll work out an agreement wltM the tloustng Department~ the Commissio~ could then Justify the w~lvers. Mr. NicL:e) ~eplled because rents are so unstable at ::~c present tlmc, he is not interested In worl.fny Aut an agrecment wlth the tl~~,~sing 6epertr~ent. Commissto~er Barnes clarifted that thc densicy bonuses are AllowQd for rental un(t~ as well as ownership units. She statad shc is upen to suggescions and Is not ~•~orrled about th~ slze of the unl.s, maximum structur:,l hatght ar mtnimum recreation-letsure space, but was concerned about th~ minimum di.ta~ce betwe~n buildings. Sh~ stated she was Also cance rned about the par~:ing even though It does meet code. Mr. Nickel stated thcre is bas(cally one building so thare ls no dista~ce batween b~~ildinc~5; that he could eliminat~ the courtyard and provide 2 or 3 additiona) parking spaccs. but did not w~ant to destroy thc destgn of the projcct. t~e stated he was trying to meet all the r~yuirements and provide affr,rdable housing for people who need it. ConMntssloner ~arnes stated shc is ir~ favor of apartments bcing constructed and asked if he plans to convert these units leter. Mr. Nlckel stated these apertments cannot be converted later because of thely design; that these w(11 be htqh quality apartments and b~cause the project has so many good points~ he wuuld nut want to ct~ange tl~e whole plan; that f~ur tc six condomi~lums tould be constructe~i~ but he was not surE that woulcl '.+e r•tght fo~• the area; that he ori9lnally proposed halconi~s~ but eliminatcd :heM becau~e they ~re ~iot counted as open space; that ;~e designed a 25 foot by 3Q foot rc. rcatic+nal sun decic over thc garage instead~ and it rttll have a wall eround It to ~rotect !t f•om the Wedding Chapel parking lot to the west o~ Ball Rcad. Chairrnan Pro Tempore Bushare asked if tl~~ ~,alis inside the butlding t+~e simiiar to those of a motel and Mr. t~ickel replied .•~ey are enclosed halis. Chairman Pro Tempore Bushore st~t.d he cannot Justify erey hardship and thought the property would ~~e overb~~ilt with tnis proJect and ic would nat be c~eaiing affordable hausing, and tho rents wouid be Whatever the market wili bear and will be a definite impact on che area. 11,/ 17/80 ~ ~ f 8o-G 8a MINUTES, ANAHEIh CITY ,LANNING COMMISSION~ NOVEM6ER 17, 19~ Mr. Hickel ~tated thesand"thata5elarge`~elm,troes,will bedretainad.~dndscaped and will upg~ada the erea Cc~nmisaloner King polnted out the petftlonor made son~c good polnts In his apPlicatlon wh) ch the Commiss i o~~ shoul d th I ~1. about and that 1 s"the hardsh i p upon tF~e i and wou~nd be it's n+eximum development under prevlous zoning rcflecttnc~ a different economy "the hardshlp wss created by prcvlous conditlons which was n proper solution for Its t~me end age." He feit unfortunately these are not acc~ptable justificatlons for the Comml ss i on. Mr. Nickel staced there could be no windaws on thc n~rth ~ he proJeet which Ne statod the residence to thc sout not be there restricted tha design. forever and that property will probably be dcveloped as apertrn~:~~ts 1n the future b~cause there are apartmenta next doc~r. pean Sherer, Assistant Plenner. expleined whtch masns the wall can havc no opanings~ ~.+tndows If he moves the builJing back. the plens ahow e 5-foot str~ctural setback but the developer rould dsslqn wlth Mr. Nic~.cl stated that would create a high matrtenAnce area that is of no ~e^efit. He stated times are changing and people do not spend A5 nwch tlme as th~y once did in ;heir place of residence. Commissioner 6arnes ascertelned tl~~t RM-1200 zo~ing would permlt 12 units. She stated shc is in favor of tt~e proJcct; that here is e devcloper who wants to bulld an apartment complex and thcre is a need for apartments and not many are being buitt today and she felt the Commisslon should give as muc~~ consideration to ~partments as they would to condominiums; hcywever, she hwa 't~r°aJCm~ensityubonusestfor apartment waivers and asked if the law provides a~y Y 9 units. Jack White. Assistant City Attorncy~ stated the same rules apply and the petitloner wou 1 cl I~ave to come to an ag reeme ~ t w i th the c i ty whe reby he wou 1 ci ag ree to deve 1 op n o t l e s s t h a n 2;~ a f the units for low and moderat~ income purchasers in accordance w i t h t h c c r i t e ri a established under state law. Ne state d t he d e v e l o p e r m u s t w o r k with the Nousiny and CS~'taffoedablc proJectebasedtonnGovernment Cnde C S ~ tion Q n to c o n s i d e r t h i s a l o w c o 659~5. Chairman Pra Tempore Bushore stated he thaugh~ the proJect wnuld affect the surroundi~y area. ~~ ~akcthe~uroJecte eHe didYnotuthink anyttestirt+~nYSwould changad one vote can make or b P his nzind, Mr. Nickel statad he is a piumbi~g contractor not .- real estate developer and wants to devclap the property as his hedge on inflation; that the proJect wlll cost him a lot of out-of-pocket mrmeY eXP~8~niny fic is wi+ling to invest his m~ney and not charge rents on all the costs; that unless paople like him are willing to build apartmen;s~ there will nnt be any na~ apartment developments to allow peQple to have housing at thls price today~ pointing out i~~ wouid be over S9~~ a~onth. Ne Rtated he Is hoping futu~e prices will provide for his retirement. He explained he has 11/17/~ ~, ` MINUT~S~ ANAHEIM CITY PLANNING COMMISSION~ NOVEMBER 1~, 1g~0 80-~83 devoloped pra)ects In Garden C,rove end Stanton~ but they ere nat this dense end were developed under a different concept. Commtss~oner Bsrnea esked ff the pcttttaner hed discussed thle prn)ect with Housing and Community Oevelapmant a~d Mr. Nict;e) replied he had not considered it beceuse It takes 12 nanths to get a proJ~ct approved and he has not hsd time to work on such a proj~ct. Commisslon~r Barnes lndicated she wAS not sure whether the Commission could iegally qrant this proJect and pointed out there are only four Commlastoners present. She suggested Mr. Hickel discuss thls ~~oject with the ~lou~ing DepArtment. Chatrman P~o Tempore 9ushore stated he felt because of the one-bedroom ~lesign of the proJect. this would become a prablem apartment ares and als~ because of the school acro~s the stre~t and Mr. Ntckel stated he c~n destgn two-bedroom untts, but !he price would be higher. Chairman Pro Temporc Bushore stated he would Iike ta see more two-bedroom units because thls proJect is sppesling to adults and would have c~rtain appeal because of the destgn. Mr. Nickel stated he is trying to appeal to the young stngle edult ar a couple with one brby. Ne steted he was hindered in design of two-bedroom units because of the no-wlndow restrtctio~. Ne cxplained hc was tryt~g to meet rcqulrerr~nts and dtsigned thc one-bedroom units; that thc north side faces a day cere center parking lot wtth nothtn~ to see but blecktop. He stated he dtd not know two-bedroom units would be more desfrable than one-bedroom units and that he could probally provtde 12 Mo- bedroom units and f ur one-bedroom units with windaws. Chairman Pro Temporr fiushore stated the Cammisstnn csn grant a continuan~.e or votQ ~n the p~oJect as submitted. Mr. Nickel stated he is not opposed to redesigning the proJect; that he bought the property with the isJee of building something to benefit thr caswrn~nity and that he would redcsign the pro,~ect if he had some guidelines as to what the Commissian wants. Chairman Pro Tempore flushore explained he ls oniy one Comrtissioner ~end that he thought some of the other Commissloners are in favor of this proJect~ but he is concerned because the petitioner has indicated he wents to develop exrctly the same thing next door. Mr. Nickel explainPd he has a verb~l optton to purchas~ the adJacent p~operty and wants to get the city intcrestecf (n this proJect beca~use of that prope~ty next door. Commissioner B~rnes asked if the developer had considered waiting until he has the other proporty. Mr. Ntcke! replied he could not do that because a lot of things cou)d happen in the meantime and ~assibly he wQUld not even gcc thet proptrty. Commi~sloner 8ernes stated she did not knaw how she feels about the windoas, but wfluld not be opposed to two-bedrewm units. She su99ested a conttnuance in o~der for the patittoner to check with Nousing so the Conmtssion cen Justify a density banus beCause apartments are needed. ii/17/80 ~. ; MINUTES~ ANAHEIM CITII PIANNING GOMMISSfON~ NOVFMBER 17~ 1980 80•68k Chalrman Pro Tamp .e Bus`~.r•e st~ted he fs not can~erned sbout the parking; th~t hts concern is because af the 14 one~bedroom units with e corridor and Its proximtty to the achool. Me stated ha does not want the devc:loper to work out an agreemenl wtth ihe Housing Dep~~trt~nt becausa then his feers for the project would come to pass, Ne replied to M~. N-ckel that he couid mare wi111ngty suppore the praJect fo~ 12 two- bedroom a~~d 4 ona•bcdroom units beca~~e he knows the type of paople the units would appeel to. Commtssioner Barnns suggested the petltioner ask for a continuance rnd re•submit the project w",~.n a f~ ' 1 Commla~lon Is present. Mr. Nicke) stated he would ltkc 1QOo spproval ~f the project; thet he is not oppased to revising the plans and does ~,ave a plan for 12~ 2-bedre~om units~ and tF he fnlt o aaiver would be grAntad for tt~e windows on the north, the pro)ect would ba improved. Annika Santalahti~ Ass(stant Director for I.oning~ stated if this particular proJect wss submitted for affordeble housing~ tne develope~ would be expected to have ~~iinim~lly four units for familtas of lvw a,~d moderate income. She ~tetod the Conmission has not seen e Pental unit. but she understands from Housing that it Is easier Nlth rental units~ as campared to condominiums because there is o waiting llst end financing ts mare reedily availabie and only four unit~ would be tled up in ~orde~ to get e 25b dansity bonus. Mr. Nicke) st~ted hts ma~n concern was the pape nrork; tl~at from past experienca he knows wl~ere the people ~re who need unlts and they ~re the yaung married c~upie with one baby who have been thraw~ out of their apartments. t1e expialned that one-bedroom is lsrge enough for the young marrted coupies with one beby. Ne stated he would like e continuance to review his plans with the staff. Chairman Pro Tampo~e Bushore stated he M811LS to see Mr. Nickel butld a proJ~ct~ but he Just dtd not Iike this pro,ject. ACTION: Conmissloner Barnes otfered a motion~ seconded by Cartn+issioner King and iFb1`T~7t CARRIED (Commissioner Fry, Herbst and Tol~r being absent). ttwt conslderat~on of the above-referenced matte~ be continued to the regularly•sthaduled meeting of D~cember 15~ :yQO at the request of the petitlon~r. Ron Thompson~ Planning Dlrector~ pointed out that the Trident School Is closed and is 24 acres of land and will be declared su~plus by the schoo) district tn the near future and thouyht the Commisslon can anticip~te that whocver dcqui~es th~t p~operty will probably want 36 units per ecr~e on 24 acres and the arteriai streets a~d highweys in the area will not support that ktnd af tr~fftc. 11/17/80 i MINUTES. ANAHEIM CITY PLANNING COMMISSION~ NOVEMaER 17~ 198A SO•685 t E_IR_NEGATIYE DECLARATION. CONDITIONAL USE PERMIT NQ. 2141 AND WAIVER 0~ t PUgLIC NEARING. OWNER: ABBEr SERVICES CORPORATION~ P. 0. Box 295~• ~~ort Beach~ CA 92660~ AGENT: GEORGE W. SEIT2~ AIA~ ARCNITECT~ INC.. 18023•A Sky Park Circle~ irvl~a~ CA gZ714. Property des~ribed as an Irregularly-sheped parcel of land consisti~g of approxlmately !7•0 acres located be Mee~ Manches!er Aven~~e and Lewis Street~ locatad at 2303 South Manchestor Avenue (h.lrose Abbey). Property prasently classified RS-A-43~C00 (RESIDENTIAL/AGRICULTURAL) ZONE. CONDITInNAL USf: PERMIT REQUEST: TO PERMIT A MORTUARY 411TN WAIVER OF MINIMUM LANOSCIIPED FRQNT SET~ACK. ITEM N0. 16: EIR NEGATIVE DECLARATtON. VARIANCE N0. 3177: .... ..~.~ ~ ._ -~. PUDLIC HEARING. OWNER: ABaEY SERVICES CORPQRATI~N~ P. 0. Box 2950, Newpo rt Baach, CA 92660. AGENT: G~OR~f.. W. StIT2, AtA~ ARCHITCCT~ INC.~ 18023-A Sky Park Circle~ I~vina~ CA 92714. Pron~rty described as an Ir~egularly•shaped parcel of land consiating of app ~oximately 17.0 acres laceted between Me~cheste~ Avenue and Lawi~ Street~ and furthcr described ss 2303 South Manchester Avcnue (Mal~ose Abbey). Property presently classiflcd RS•A-43~004 (RESIDENTIAL/AGRICULTURAL) 20NE. WARIANGE REQUEST: WAIVERS OF: (~) MiNIMUM LOT AREA AND (b) MINIMUM aEAR YARD SET~ACK TO ESTABLISH A TNO-lOT SUBOIYISION. It was noted the petitioner h~s roquested a Mo-week conti~uance fo ~ item Nos. 15 and 16. ACT10~1: Commissioner King offered a m~tton~ secondcd by Chatrman P~o Tempore Bushore t~iat~ consfderation of Condltional Use Permit 2141 and Varie~ce No. 3177 be continued to the rc~ul~rly-sct~edul~d meering of ~ecember 1, 19$A st the reques t of the petttioncr. RECESS The~e was a recess at 4:20 p.n. .~_ RECONVES~C The meeting was reconvened at 7:10 p.m. it/17/~ ..~ #~ !. MINUTES~ ANAHEIM CITY PLANHING COMMIS510N~ NQVEMBER 17, 19~ 80-686 FICATION N0. 84-81•14, WAI PUBLIC MEARING. ObINERS : B!'~:K OF CALI FORNIA~ N, A. ~ TRUSTEE ~ 845 South F) gu~a~oe ~ Los Angele~, CA g~054. AGENT: ~LV~D L. F~ilANO~ ESQ., 2555 Eest Chapn+en Avenue~ S~~Ite 41y~ Fullerton, CA 92631• Property doscrihed as en irregu'arly•shaped parcet of land co~alsting of apDroximately 5.2 acres~ located north and ea~t of the r.~r~,heast corner of Wllken Way and Harbor 8aute vard~ and further descr'bed as 2174 South N~rba~ Daulevard. Pro~orty presently elasaified RS-A-43~0(10 (RESIDENTIAI/IIGRICULTURAL) ZONE. RECLASSIFICATION REQUEST: Rht- 30QQ COr~oITlot~AL uSE PERMIT REQUEST: TO PERMIT A 12;-UNIT CONDOMIlIIUM COMPLEX '~ITt1 WAIVERS OF; (s) MINIMUM lOT A aEA PER 01~ELLING UNIT~ (b) M1IXIMUM STRUCTURAL HEIGNT~ (c) MAXIMUM 51TE COVERAGE~ (d) MINIMUM FLOOR AREA~ (e) MINtMUM aEtREATIOhAL-LEISURE AREA, (f) MINIMUM NUMDER AND TYPE JF PARKINC SPACES AND (g) MAXIMUM FENCE HEIf,t~T IN THE RS-A-43~OQ0 ZONE. TEN?ATIVE HAP REQUEST: TO ES TABIISN A 2-LOT~ 12.~,•UNIT CONpQMINIUM SUaDIVISION. There were approximatcly 58 p~raons Indlcating their presence in opposition to subJoct requnst~ and although th~ staff rc~ort ~~as not reed, tt is referred to and mada a part of the minutas. Charles Farano, attorney, cla ~ified that their further t(tl~ seerch show~d Mrs. Johnson as owner of the WesM inds Trailer lodge prior ta 1373; that in 1973 she sold the properky to Mr. Crandall and (n Deccnber 1979 Mr. Crandal) sold the p~aperty to Westwind (nvestmcnt L1mitBd. Ha explafned four resfdenLS have moved into the park under the current owner. Mr. Farana stated since the iast meeting th~y have ettempted to get a clear understanding be Mce~ the re ~idents an~ awner; thet they sont a letter to each resident attaching another copy of :;~e questlonnel~e, hpping to racetve mo~e of the completes questionnsires bac k and the purpose was to clartfy the praposal and solictt the cooperation of the resid~nts. He stated they rlso had a nreetlnq wlth several of the residents; and that they had a certtfied apprelser complete an ao~raisal on eve ry coach. He stated there a~e 10G spac~ s in the perk~ 5F are designed for pcrmanent mobilehon~es and 10 of these spaces are oe cupied by travel tratlers and 1 space contatns the me~ager's coach; that the 61 trevel trailers ere considered separate because they can be reloceted; that the maJo~ conce~n is the 45 permanent mobllehomes of whtch 14 are less than S Years old and 31 ara over 5 Yedrs old with the averaga age being 15.25 years old; ~nd that 19 of th~ residnnts are on fixed incomes. Mr. Farano stated aftar calculating el) the data~ they have decided to dispense with the pl~ns to build the 32 b achelor apartmcnts b~cause the idea receiv~d no support from th~ residants; that prior to the last meeting they spakc to ;8 residenis and slnce then have spoken to 12 to 1~ residents and no one was interested in tha apartments. 11/1~/80 MINUTES~ ANAHEtM CITY PLANNING COMNISSIQN~ NOVEMBER 17, 1980 80•687 Ne f tated the) r•ss 1 stance program has been revi sed i nto Rhree phases. Phase I 1 s designed for new coache~ and the avner proposas to pr~y either all ar pert of tha ~elocatlon cost, depending on the rasldent's economic stetus: - for those reildent s on a fixed incoo-e~ the a+ner wi 1) paY 1~10~ af the take-down and aet•up cost , plus mlleage up to 50 miles; for the rosldc+nts employed or not an a fixed income . the nwner proposes to pay ona-half of ~~11 take-down and set-up costst~ and 50$ o f the milsgage up to 50 mlles; thot Phesn II is d~~iqned for those residents whos e coe~h es are m~ra than five yea~s: ~+~~d tha awner prn~+oses to pay A suM according to 0 formula deslgned to gtve credit ta those residents who recently purchesed a ~ olde r coach !n tha park as followai (a) the difference between the ~n-site value and off-site value, (b) then deduct 302 from that difference on the thaory that a coach exi sting in a spacc haa more valua than one that sits on e sales lot; ( c) tl~en cieduc t tOZ for each yed r the res i~ent has 1 1 ved i n t~~e pa rk w i th the lowe5t amaunt that could be paid. Fle illustrated the formule wlth three cxamples. He s tated thay fe 1 t tt~e formu 1 a i s fa 1 r and everyone w I 1 I get sc,nreth 1 n~ and i t will ylve paople a chance ta recu~rate thelr Investment and does not give credence to the age of the coacti~ but to the le~gttti of time the resldent h a~ Ilvad in thc perk. Mr. Farano expla(ned Phase III of tha assistance program wlil be a reloca ~ion person hired to help the resident relocate to a place they want or help them after they have sold Lheir coach. He stated che awner has ~lected to qualify this particular developn+ent as "affor~lable housing" and has met twice with Pam Kaiser of the Nousing Authorlty end detesrmineJ that the proJect's selling prlces are substantlelly consis t ent with their criteria ~nd t~ey are in the pr~cess of gettlny their approval. Mr. Farano stated they are req uesting apprava) cundltioned upon receivtng epp rovai fron~ the Nousing Authority; that the 3~ bachelo~ untts have bcen replaced with s(x " C" units whtch changes the denstty from i unit per 148 S square feec to 1 uni t per 1625 square feet; tl~at the ~neximum s t te coverag~ changes from 52$ to 34x thereby eliminating the need "or the waiver; tha t the minlmum floor area waiver is no longer nceded; that the mini:num recraatlorr leisure area waiver 1~ ubstantielly chang~d from 571 sc~uare feet to 885 squere feet per unit; that th~ minimum number of perking spaces has changed fram 2,11 spaces per unit to 2.33 parking spaces per unit; and that the seventh waiver has been eliminatcd by the revised plan. Oean Sherer~ Asslstank Plenncr, stated steff has not revicwed the revised plans. He stated he did not think it would bc approprlate to act on the submftt~ d revised plans. Mr. F~rar~o steted a~y approval tonight could be conditioned upon substanCial compliance after staff has reviawed the plans. John Daly, Associate Director of the Golden state Mobile league~ 211 Sou t h Beach Baulevard~ Space 6, M eheim~ acting as spokesman f~r the tenants of the 11117/~ ~, MINUTES, ANANEIM CITY pLANNiNG CONMISSION~ NOVEKBER 17. 1g80 80-68a Westwi~ds Mobi~e lodge rrescr.ted lettorf written to Senator Nayakewa and hls reply~ and e petl~!on containing 92 slflneturas of permanent restdents and 2y travol tratler reslda~~ta oppo~:ing the rcquast. Mr. paly statcd Mr. B~ammer an~~ his committee madn a survey a~ to the number of senior citizens, utc. in the ~ark and the survcy was submltted to the Pt~nning Department~ Ne stated they ai sa had a mvnting w i th the me~ager Mr. Sklaar~ who hed soid he would assi st thc eenants ~ but I~c has not gt ven them any help or tnformatlon. He stated it cost4 53.400 or S4~0~0 to move a coach and with this formula~ he assumnd the awner would take over th~ mobi lehome fc~r disposal. He s ta tcd the cxamp 1 e"C" pa t d S 30,000 for the mo1~ i 1 ehome J us t s 1 x manths aqo and would t~ke a terrible loss. Me ttated they feel to recunerate S7.9~0 for a S3~,000 mobilahome is juat niain "thicvcry". Mr. Daly statcd thcy h~d a ti tle search mode last week and tlie 8ank of Califarnia is the only titleholder they could find on record. 11e felt this shows what type of dealinqs th@y ere having to contend with nnd askcd that Chere be no zone chanye and i f therc I s any chnnge ~ i. shoul d be for rrob 1 lehane use only, Mike Fiarro~ Space 2Q~ st+~tcd he poid S6~J00 for hts caoch in 19G3, not S4~500 as used in the formula; tliat the d~~vcloper ~eport~d he sent a ir.tter to every space. but hc did not recelve a sc~~ond letter; thot he is one of the t~ldcr residents havinc~ been therc for 21 ycers; and he wondo~cd if the o-rner would I i ve in a onc-room 400 square foot apert~nent whe rc hc woul d have ta tAkc hl s bed da,rn every ntyht; thmt his wi fe h.~s arthritis sa they cannot sleep togather and would need two bedrooms. Ne refer~.~d to the report~d hlgh cost for plumbtng repairs and stated approximatcly nine months ago the manager asked htm to unplug e sewer I ine and he discavered the :.toppage was next ta the ofFice ~nd was caused by e 1 arge rubber tree , or s tree s i mi 1 a r to e rubber tree; and that he hed repurted the problem to a recent plumber. Ne stated he Is reti~ed and his wlfe fs 73 yeArs old and has arthritis snd a hoart prodlem and there (s no plac~ they cen ga and he cannot efford to rent a two-bed~oam apartment. Randy Pstterson~ Space 17~ siated h~ was never eontacted by the awne~; that he ftlled out the first questlonnafre, but he dtd nat think most people havc gotten very much informatlon. He statcd he bought a i97q mobi lehon~ in ~ctober 197g and he does not expect a fatr deal and asknd ha~. they will know the appraisal is fatr. He dtd not knav where the peapla on fixed incc~es wi I1 retocete; and that he ts single and cennot affo~d an apartrrxnt because of the 20~ tnflation. Ne was conce~ned about saniar ci tize~s on fixed ineomes becausc he works two )obs and cannet afford ta move. Ke stated tha amount pald these peopie would c>nly be a dent with the type of inflation they will Ineur; end that with the higher intcrest rates, hc cannot buy anothcr coach. Mr. Patterson stated in 1973 the park owne~s sei d they would bui ld a clubhouse~ dog walk. ~tc. and the residents have beon paying higher rtnt to pay Por those things which ware never huil t. He stnted managernent told him that a lot of the older homes would be moved out~ 11/1]/80 MINUTES~ ANAHEIM CIT11 PLANNINC CONMISSION, NOVEMBER 17~ 19~ 80•689 Mark QutJada~ Space 37~ stated in Januar•y 197g ha located ~ sp~ce at Westwl~d which he was tnformed was for e double-wtde coach; e~d menag~ment suggested that he buy a double-wide caech ~nd that thay wauld re movQ the trave) trallers end bulld a recreAtion e~es; that even bef~re they hed the mobilehame built, n+~~sgement told them a doq v+slk and other things would be bu) lt; that h~ ts physiclelly handicepped snd has a dlfficult tir+~e walking and warking and ha~ baen on steto aid before and is not proud of it, and will not go beck on state ald. He stated he snd his mother both livc thera and are both phystcalty handicappad and have put eve ry ce~t they had Into this heme for s~+ecia) bathroort~~ steirs~ ctc. He rxpleined he is 28 y~ars old and has a ra~e bone diseasa a~d has broken bones 21 ttmes and daes not knaw how long he will be ablr to work. ile stated he has tAlked to Mr. S klaer twice and h~ made no commitment. Ne stated his mother is on a flxed Income and there is no w~y she can afford to rrlocate flnancielly or physically. Harvey de Hart. Spacc G3, stated f~e has I i v~d the~c 1G years, 8 of which he hes been retired and hes boen daing handymen work a~ound Che park, flxtng faucets, plumbing~ etc. and he did not ~ee thet ve ry much money has been spent ~n this perk recently. He st~ted he would Iike to sea these people kcep their homes and stay in this park bec~use tliey a) l keap thei r lots clean and thel ~ coaches p~inted~ ntc. He stated he thAUght thase residents should be ralocated to another locatlo~ as good •s thls without havinc~ to pay eny mon~y Qr be left elone. Nn stat~d he has worked all F~Is life snd can finci another Jab, but would havt ta find A place to iive. Telste Hewitt~ Space 13, stated she bought her coach when it was six menths old and questtoncd why the s~ller was moving after six months; that menagement had said the otdcr coaches would be evittnd s~d the park would b~ upgraded; that she put eve rythlny ln her 12'x40' cnach (S15.5~~) and there is no way she Can cope wi th losi ng her coach f ina~cial ly or r-~~cal t~. Nelen Hannah~ 5d27 Dei Amo Bouleverd~ Lak~wood~ ~epresenting her mother~ Nelena Burke~ Space 22. st~ted htr mother had a~troke aftcr receivtng the notice to vacate; that all medtcal tests show the stroke aas caused by st~ess and there are no lots available anywhere end al! he~ money is tted up in that coach. She staked the developer shauld pay these tenants so they can buy d coach in anothe~ park already set up. Francine S~peck, SpaGe 43. stated she p~+id 515.~f10 for her 2~'x4p' toach three years ago and all her money wes put into that coach and she lives on S. S. 1 and Sotial Security which is ve ry minimal and moved there because It ts close to the doctor and shc had open heart surge ry three yea~s aga anci has to ga to the doctors once a month and since this notice~ she has had to teke more medtci~e. She stated if she loses her home and has to go back into tha hospital, she would have to see thesc people; that shc hoped th~y will either pay what their homes are worth today because she has to have a plece to llve that is near h~r dvcto~~ and pointcd out she does not drlve freeways, and is a sent~r cltizen end has no extra rroney. Thec~dere J. Wagn~r, Space 1~, stdted he has been there for 12 years and asked, "what is the p~ice of a dream?" 11/17/80 MINUTES. ANAHEIM CITY PLANNING COMMISSION~ NOVl:MBER 17• 1980 80-690 Na~voy Lloyd Dehard, Jr.~ stated he end hts wtfe have lived hare 4-1/2 years~ two years tn a 10'x 50' m~btlehort-e end that they aere toid by the ma~egers two y~ars that if they gat a double-wide~ ihoy would tmprova tfie perk and asked why they now e~e propostny ta sell it. Ik stated he is unemplaycd end his wtfe is working two Jobs and stated he did not knraw wh~t they wtll do end cnnnot afford to ga any other plece. Charley Nichols~ 2165 Mad~id Strnet~ st~ted th~y pu~chased thelr hon~e 20 years ago ancs selected thls neighborhood beceuse the codes assured them that tt~ey would be protected agsinst a~y encroachment of thelr privacy and the rlght to enJuy thclr prnperty rlghts. He statcd they hAVC enJoYcd their home end hope to continue enJoying it; however~ the prescnt proposal for tl~e adJolning property causes them considcrable concern; that tliey are concerned about their unfartunate neiyhbors In the Wes Mlnd T~atler Lodge whose ve ry roofs wil! be torn from thr.tr heads. Ne stated thetr primary concern is that thase developers are esktng the Co~wnis~lon to allow them to vtolate exlsting laws seven ttmes and these are the same cocles or laws whiGh heve assured their pleesa~t hcxnellfe for 20 ycers. Mr. Nichols stated he wa~~ sure the Commission has rerd and studied the proposa) many ttmes, but he wanted to point out the ~wss(ble disruptian of the lives of those who live In the adJoininy homos ~n Mad~Id Street and the i~vaston of their prtvacy which would result if the occupants of a two or three-story butlding could look dc~wn and across any of the existing or proposed walls or fences. N~ referred to the development }~roposal (y~~aregraph 9 of the staff raport) which says that the two-story units would be 2Q feet from their property line and the three-stary units wauld be 15~ feet awey from thelr homes. Ne stated the fact that therc may be some hlyt~ density ap~rtments in the brea ta the narth has liitle or no beariny on the present proposal and does not concern them~ but the fact that existiny laws governing their lives could be violated in a supposedly legal manner does concern them. Ne stated this would cause (nadequate parking facilltles throughout the neighborhood and other inconvenlences. He stated hls family ancf neighba~ing familles on both sldes of Madrid Street who hav~ llved there~ and paid taxes and voted regularly Join thel~ nelghbors In the Westwtnd 7railer Lodge In asking that the Commission de~y thts request. Varraine~ Al l ison, Space 39, stated homes that are bui l t on property go up in value as they have in the last 5 Year~, and rsked why thay are being offered a reduced price for thelr m~bilehanes and as~:ed if they have not go~e up in value also. She pointed out they heve not altowed their coaches to deteriorate; that there is vacant property all over Orange County where the developer could develop this proJcct. She stated she maved i~ta her coach Just four yeers ago and was Just recuperating from three strokes And had intended to live here the rest of her life and had bought a nice heme with her savings; that she is now on Social Security only and cannot buy another piace. She asked what is to become of them. Charles Farano stated when they first start~d wo~king on this proJect they realized, as in any type p~oJect, khere are individuats involved; but that one msJor cancern was the condition of the park and he realized that these individuais mey have a certain complaint about p~ior awnershtp or management, but the present conditlon of the park is samething that has to be dealt wtth in 11J17/80 ~~~ MINUTES, ANANEIM CITY PLANNII~G COMMISSION~ NOVEMBER 17~ 1980 80-691 ona w~y ar anather; thet the Californi~ Code p~ovides for e 12-rnonth notice; thet they have~ pur~sely designed the proJect •~d sent out the r~otices and a letter to evc ryana stettng that the graund would not be b roken and the pro~ect wuulc+ not be sterted for et least 19 to 24 montt~s. He stated thoy have dane thelr best to elimin~te the fem~ of the tenants and still try to face the problems of the park; that he wanted to meke it ciear to the Car+mfssion and te~ants that the tenAnts will be able to keep their coaches~ bath new and old~ ancl somc of the people wauld qualify for the developer to pry for all cogts to m~ve then (f they were on fix~d (ncomes~ retfred o~ other problems; thet they have had some contect with some of Che pe~ople and they have stated they went Ca move to diffcrent areas such as Ontsrlo~ the desert~ Los Angeles~ ctc,; that the a-~sw~rs are not gotng to all come immediately which is thc reaaon they gevr thamselves 10 to 24 months; end th~t one of the ~ceso~s these peoplc mey have been a ltttle upset about their conversatlons with the awne~ wes bect~use the owner dld not knav the full extent of the plan because they have tried to come up with dlffc~ent Ideas and with s an~thing that wili be fatr to everyone there; thet they have dcvised th(s pian because sc~+r~ peopie put a tot of mo~ey into thair ca~chcs initlally and they will be ccxnpensated based on the value; that the apprnlser (s a ccrtifled appralser and he has put toqcther an honcsc. epprelsal. He stated Chey t~ave offercd to let thc CtCy Attorney's office review thc trust ogrccment and all the tltit dc~cur++ents so he ca~n datermine for htmself the actual ewnershlp of the prope~ty. THE PUULIC HEAa1t~G 'WAS CLOSEU. Chatrman P~a Tempore Busho~e explatned to somc of the op~ositlon who wanteci a chancc to speak again that the public hraring hAS been clo~ed and ev~ryone had ample tlme to speak.. Ne explaTned thc Commlssion wlll ask questions of the petitloner and most of tt~e oppositian's questions Nill be enswcred~ Commissianer King i+sked for clarlfic~tion reqarding the submltted revised pians and Hr. F'arano explained origlnally 32 ~ental unlts were prohcised for tenants of the park in additic-n to 93 cc~ndominlums units~ but no Interest was shawn tn those bachelo~ units by tt~e tenants so they have been eliminated in this revlsed plan. Ca~m-issioner 8arnes statad it is her understanding of pending Cat~fornia law that wh~n a property owner ormverts a tra( ler park or wishes to get rtd ot' the tenants for any reason, he can do so by givtng them one ye,~r's notice whtch means this owna~ could Just givr, the tenants a one ye~r notice and then the tenants w~uld have to pay for thetr awn relocation with no retmbursement from the property av~er. She statcd she has sympathy far all thase tenants and does not like haviny to make this ck cisian. She stat~ed she hoped a canpromtse can be ~eeched so the tenants recelve some compensation. She explained the ncw 1~ perteining to relocation expense far tenants of mobliehomes takzs effect January t, i9~t. Chatrman Pro Tem~wre ~ushore stat~ed he had reviewed that legislation and thouqht it only app~ied to newer coaches, and anly 5 or 6 of these tenants would be affect~d. He agreed that this is a tough dectston be~ause if it ts danied. the tenants will be in a worse condition because the owners have given the one year'x notice and after the one year. couid come back ~nd request this same l t/ 17/80 ~ MINUTES~ ANAHEIt! CITY PLANHING COMMISSIQN~ NOVEMBER 17~ 1980 60•692 thing and nat coming to a canclu~ion could be tlie wc,rst thing that could happesn to the residents. Ha stated tt~e Commisslone~a ar~ land ple~ners end cannot b~se tlislr ckcialon on economics end emot(~ns~ th,~t the Cortmission can deny the pro}ect and thcn tha ownera can wait for one year rnd the t~nants will have nothing~ or the Cammission can approv~s the pro~ect subJer,~ to certai~ stipuletlnns and ageoments that tho tenAnts wti) be prov)ded fo~; end that he realizas the tenents wlll nat ba f~apuy with eny dectsion. Chalrman Pro Tertporc Bushare stated son~lelnts werc given regarding promises ~f previous avners/rt-anager~ but that c.annot be a conslder•ation of this appltcaLion. Ha atsted these petitionars e~a ~casonablc and the law does protect the tenants to sotne Jegree witli the one year r~otice; and that the Commission knavs this will be a bi y ha~dshi p for thes~ te~~~~ ts. Ne expla(ned approval can be tied to thesc conditi~ns for thc tenants' prot~ction and the developer will be forced to c/~mply. H~ esked the attorney if the Cortmission can reaily act on t1~e revised plens. Frank Lowry~ 5enlor ~eputy l~ttorney, stAtr.d staff has nat revtewed thesa revised plans and could not make any recommc~dations. Chatrman Pro Tempore Bushore th~ught it inconcelvabie that reviserJ plans wauld be submi tted wi thouc prlor n~ticca. -le dtd cu~t thZnk i t would be necess0ry to have anothe~ public hearing unlet~ strff finds the plans are not In substantla) accordance with what was pres~nted. Ne thought (t anly falr th~t siaff be 91ven an opportunity to revlew t!~e plans. He pointed out agein thtre are only four Commt~sloncrs pr~sent tad~~~y and it would he tn everyone's best interr.st to have a full Cammission for the vote and recamrnended s continuence. Commissioner Barnes statc:d she woulJ like a chance to review the fls~ures and Check with some cxperts end other citles. She explained to the tenants that the davelopers d~ r~o~ plan -.o take their coeches~ and tfi ry wlll receive the money and kee~ the coach. Cha(rman Pro Ter.~pore ~fushore stated it would be to the benefit of the residents to sit down and work out a solutla~ with these developers because thst agreement will be a part of an~ epprovel. ACTION; Commisston~.r King offercd a motion~ secondad by Con~mtsstoner 8arnes and A~ CARRIEQ (Commissioners Fry~ Ne~bst end Tola~ being 8bsent). fhet co~sideration of tlie t~fortrnentioned rt-atter be continued to De~ember 1, 198A tn ordrr for steff ta review submitted revised plans. RECESS The~e was a fiva-minute recess at 8:35 P.m. RECOt~VENE The meeting was reconvened at Q:40 p.m. ~, 11/17!80 MINUTES, ANANEIM C11Y PLANNI~O COMMISSION~ NOVEMBER 17, 1980 80~693 ITEM N0. 18: EIR NEGATIVE DECLARATION RECLASSIFICATION N0. 80-81-18 ~'IAiVER QF COOE ~QUTI~~1. 1~'F ANO _N __ _ION l.__US PE M . : PUBLIC HEARING. OWNERS: ANANEIM REOEVELAPMENT AGENCY~ ATTENTIONs NORMAN J. PRIEST~ !06 North Cisudir~a Street, A~~hcim~ CA 92865. Prop~e~ty described as a rectangutarly- shsped per~el of iend consisting of appraximately 1.3 ecres~ IocaterJ at the northwest corner c~f Broadway a~d Philedelphla Streets~ hsving approxfinete fr~mtagas of 330 feec on the nurth stde of Borndwey~ end 175 feet on the w~st sid~ of Phtladelphta Street. Property prosently classified RM-12Q~ (RESIDENTIAL, MULTIPLC•FAMIIY) ZONE. RECLASSIFICATIpN RCQUES?': CL CONnIT10NAL USE PERNIT REQUEST: TO PERMIT A PERFORMING ARTS Tf1EATER WITN QN-SALE BEER AND WINE WITN WAIVERS OF; (a) MINIMUM NUHBER OF PARKING SPACES AND (b) NINIMUM IANnSGAPED SETDACK. Ther~ wAS no onc lndir,ating thetr prescnce in opp~osltion to subJect request, end althaugh the staff report was not rencJ, it Is refer~ed ta and made a part of the minutes, F~orm Prlast~ Executive Dlrector of Conmunity Dev~topment. was pres~nt ta answer any questlons. leo Fr~edman, King of Celifor~fa. agent. r,omparcd tha proposed theater to the Schube~t Th~Atcr in Century Ctty~ and stated the praposed theater wttl be lsrger with just under 3~Jb0 seats; that having a hate) near the Canventior Center~ hc felt a ttiseter is necessary fo~ ihc entc.rtatnment of people visiting Analtieim, end it ts diffEcutt for vtsitors to gEt f~on; herc ta Century City. Ne ststed hc is requesttng speciel consideratian of the req uired landscspinq b~ceuse he does nat have a flnai lei~dsceping pl~n~ but will provide something campatible with the Civic Center. Ne suggested approv~l sub)ect ta approval of the flnal landscape plan by the city. Mr. Freedmen staced there are questlons conserning parktng and traffic end that he has an agrecment wlth the City r~f Anahefm and Rede~elopment Agency whereby the actua) operatlon of the perking st~ucture wi11 be handled by the C1ty of Anaheim. THE PUBLIC ttEARING WAS CLOSED. Cor.mtssioner Ktng was confused abouc the prrking and ~eferrcd to the staff repo~t. Mr. freedmen explained that Mnik~ Sentalahti~ Assistant Dlrector for Zoning, had expressed concerna during th~ interdepa~tmentsl Comnittee meeting rega~ding patrorts baing brought to the theeter in buses end where the buses w~nuld park siRCe they couid nat get into the pa~king structure. He Qointrd out thero is a parking lot adJacent to the parking s~ructurr, and the buses coulQ park there. Annike Santalahtt stated a condltion of the conditinnal use permlt has been recoi-vi~ended that ~equiros prior to reconv~yance of the praperty to King of Cal{fornle, that a parking manag~ment stusly will be p~~pdred to ba subnitted to the ttty; and that the issu~ss are identi~iec (n par~e~raph 16 of tha staff report and should be discussad in kh~ study. 11/13/8Q ~ J . MINUTES, ANAHEIM CITY PLANNING COMMISSION~ NOVEMBEa 17~ 1980 80-69b C al~me~ P~o Tempore BuaMoro clartfled that en ~gre~ment hds been ~eached that there wi be a study end app~oval of the conditional use permlt ~hould be co~ditianod upon tha study being submittcd, but concorna of other city deqa~tments have not been adequ ely answered and approval of the conditionel use pe~mlt would be subject to all con rns being settafied. Chalrman Pi~ T4mpore Bushorr. asked the height of tha structure snd John Timpte~ proJect ~ng) er. preaant~d exhibits of the structure a~d expleined th~ stage area would be a ht es an 8-1/2 story butlding and enother portlon would be 5•1/2 stories high. Thes Camm ~ston brlefly discussed code requlrer-~nt pertaining to structure helght. Annika Ser~talehti ex~~,alned techn(cally tt~e code applies to the distance from the base af khc bullding ta thc ncarest r~stdential toning. Dean SherQr~ Assistent Planner~ explained code ~lloN~ a maximum structural helght of 7~ feet~ except as n+ny be allowed by approvel of , conditlonal use p~rmtt~ and Also allows for certaln projectians about the 7; fee,t. Chalrman Pro T~;mpore Bushore ref~rred to the landscape setback waiver requested and askecl if the Redevelopment Commll~(on hes revicwved these plans. Norm Priest ~explalned a part of th~ d.isposttion ac~reement requlres thet ~andscaping plans must bG brought beck and formallx approved by the Redevelopmene Commisslon and Redavelopment Agency. h~e assured thc Comm(sslon that he would have no probicm with b ringing the la~dscaping plan back for th~ Planniny Commisslon's revlew. Chairman Pro Tempore Bushore was c~ancerned wtth thc 5-foot proposed landscape a~ea and Mr. Prlest axptaincd the IAndsc:r~pe rangcs yp ta 24 feet and averages 10 feet. Mr. Pr(est explained the Redevetopmr.nt Agency int'Ztally invested in the Civic CentGr and adjacent parking structure under same rather sp4clfic perimeters and one was bect~usc they foresaw the opportunlty for Joint uscs~ ;a the parking struc4ura wa~ built as much for the private dev~lopment anttcipated ~s it was for city government. ACTION: Commissioner King affered a r,hotton~ sec.onded by dQrtrnfssloner Bouas and MO ION CARRIEU (Commisstoner Fry, Ne~Sst and Toisr befng sblpnt)~ that the Anaheim City Planning Commission hes revlewed the proposal ta reclassify subJect property from thc RM-1200 (Residential. Multiple-Famlly) Zone to thc CL'(Commerctal~ Limfted) Zoncs to pcrmit a performing arts theatcr v+ith or+•sale beer and i~t~n~ Klth waivers of minirnum nurri~er of parking spaces and mintmum IandscBped setback orr^,a rectangularly- sheped pArce) of land consisting of 1.3 acres located at the northwb~t c~rner of Broedway and Ph(ladelphta Streets~ having approximate f~ontAges of 33'9,~feet on the north side of Broadr+ay and 115 f~et an the west stde nf Philydelphia S~eet; and does hereby app~ovc the Negatlve Detlarstion fro~ thc c~equireR~e~t to prepare ~ e~vironmental impact rep~art on the basis that there wculd be no signtfican~ tndividual or cumulative adverse cRVlronn~ntai in~pact .iue to thc epproval o h~~this Negative Declaration since the Anahetm Gener~l Plan designates the subject pr erty tor general cammarcial la~d us~es r,ommensurate with the proposal; that no sensit ve envi~onmentsl impdcts dre invoived tn tha proposal; that the initia) Study submi ed by tha petitioner i~dicates na significant indivfdwl or cu.n~ilstive adverse environmental impacts; and that Chc Neg~tive Declarstlan substantiating tnn fo~egoln f i nd i ngs i s on f i l e 1 n the C i ty of Anahe i n+ P 1 ann i ng Oepar cmen t. ~~~ ~~~''~'~ t-- ~1 11/i]/80 MINUTES~ ANAHEiM CITY PLANNING COMMlSSION~ NOVEMBER 1~~ 1980 Revised 80-6g4 Chairmen Pro Tempore 8ushora clarifted that an agreemsnt hes been reached thax there will be a study end approva) of the coRditlanal use permft shauld be condttioned upon that study baing i~bmttted~ but concerns of other cixy departments have not been •dequetely an~wered and approval of the condtttonal use permtt weuld be subJect to all concerns betng satisfled. Chslrman Pro Tempore Bushore asked the helght of thn structure and John Ttmpte. proJect engineer~ presented exhibits of the structure and explalned Lhe stsge area would bc as hi~h as an 8-1/2 story butldtng (85 feet) and another portlan would be y 1/Z stories htgh (or (i1 feet above grade). Anntka Santalahti ~xplatned the code applies to the dlstance from the b~se of the building to the nearest restdentiat zoning~ Dean Sherer~ Assistant Plenner~ explatned code allows a maximum xtructural height af 75 feat~ QxcGpt as may be bllowed by appraval of e condtticx~al use permit, and it also e+ilows for certaln proJoctio~s ebovc th~ 7S feot. Chairman Pro Trmpare Bushore referred to the landscepe setback we-ver requested e~G asked if the Redev~lopmont Commission has revtewed these plans. Norm Prlest explainad a~art of the dispositlon agreement requlres thet landscaping plens must be brought beck and formally approved by Che Redevelopment Cc~m-ission and Redevelopme~t Agency. Ile assured the Cann-isslon that he wnuld have na problem with bringtng the landscaping plan beck for the Planning Commisalon's review. Answering Cornnissfoner King's conce~ns. Mr. Prlest stated the Redevelopment Agency ~ecognizes that it is the city's problem to provide a parking menagement study and to insur~ parking management is hendled in a praper manncr and that it is ~a~t of titie agreement and wlll not be ovcrlooked. Mr. Freedman read portlons ~f the signed a~ie anent pertalning to the parktng~ hours of use of the leased parking spaces~ scheclules for use of perking~ ett. He explatned charges for parking will be based on sim~ler fees charged t:~d the fees wtll be controlled and datermined by him and a~e subJect ta approvai by the clty and probably wlll start at S2.0~~. Ne noted parking fees for Rams ganws at the Stedtum are $5.00. Mr. f~eedman explained he recelvas the parking fees after Che city has deducted their operat i ng cns ts . Chatrman P~o Tempore Bushorc askcd why th~ city wtll not make a profit from the parking in addition tc expenses~ pointing out they do ma~e a profit from Stadtum and Conventian Center parking. Mr. Lowry stated the agrecment has atrcady bee~n signed by the City Council snd Mr. Freedman pointed out thts theste~ wtll be constructed br him wtth prtvate funds rather than being co~structed with publtc funds. Mr. Pricst explalned the agreement was prepared aftar careful consideratton by the Redevelopment Agency~ City rlanegement and Mr. Freedman. Chairman Pro Tempore Bushore ~staCed he was sure hts concerna had bean considered. Camnisstaner Barnes indicated concern abaut hours of use of the parking structure and the fact thet no information has been submitted regarding Neekday occupancy for rehea~ssl~, ete. il/17/80 ~~ MIN~JTES, ANANEIM CITY PLANNING COMMISSION~ NOVEMBER 17, 19$0 $0-G94a Mr. Prieac stated the parkin9 f~cility has a lot of turn-over open ~ublic parkt~g end a'timated no mora than 40 ar y0 vehicles would be the~e durinc~ the d~y and there Is other open publlc perkinp avail~ble on the st~aeta and P+~rking iots In the downtown erea. Commtssloner Barnas esked tf Pla~ning wtil revlew the traffic and perktng and it waa noted s conditlon has been inctuded requirlny P1Annin~ Departmont a~d TrAfftc Engineer approv~l of the parktng and trsffic ple~s. Chalrman pro Tampore Bushore indicated concern that patrons wtll park on residentla) straets to avoid paying the perking fee~ such as around the Convention Center at the present tlme. Mr. P~test st~ted thst is a likellhood and if It is discussed ~s a probtem i~ the paricing manageinent study, thQy may have to wark. Nith the Traffic Engineer to take mttlgoting measures and posstbly restrict the parking during certain hours. Chatrm~n Pro T~empc~re Bushore was concerned that in haste to approve this, the city may be creatiny parking problems on th~ rc~sldentlal ~~ea and on local businesses. Mr. Priest stated th~ ayreeme~t ve ry carefully subtracted the number of spacea needed by tho clty for city vehlcles and that number waa provided by city msnagement. Ne steted there should be sufftctent spar.es on the st~eet, in the lots~ etc.~ bas~d on tlie Informatlon avatiable and the parking does mQre tha~n maet the ctty code. Chairmen Pra Tempore Bush~nre wes concerned the city wtil qet into a negetlve situation operating the parking structur~ b~caus~ patrons wtl, use the available free parking. Susan Schick~ Redrvelapment Mansger~ explained Mr. Freedmen's obligatlon is to pay 392 of the opcrating costs of xhe parki.~:3 structurc whather or not the revenue flow comes In fram ttie perking fees. Gommissione~ Barnes dlscussed tE~e landscepe r+atver snd the entrence to the theater and Mr. Timpte pointed out the lan~scape areas~ entrence and tlcket off(ces on the exhtb t t. Cammissioner King asked if this proJect would overbutid the property and Mr. Prlest replied bocause the pa~ki~g structure is available, the proJect ts viable and the thester ts a large structure~ but is ectueily e shell s~d Lhe use is not as heavy as retail or some other type use. He explained at this time there is no aiternate site in the downtavn ares and hc believed it ~hould be downtarn because it is impo~tant to the redevelopment of the area. Responding to Chairr.~an Pro Ten~pore Busha~e's question regerding future uses of the parking structure. Mr. prieat explai~ed the ~edevelopmme~nt Agency initially invested in the Civic Center ~nd adJacent par~fng atruCture under some rather specific perimeters and one waa bncause they foresaa the opportunity for Joint uses~ so the parking structura w~s buiit as much for the prtvate develope~ent anticipated as It was for ci ty governnrent. ACTION: Lommissio~er Ktng of~ercd a a~ation~ seconded by Commi~sione~ Bouas and l~T~T LARRIED (Commissiane~ Fry~ He-bst and Tolar bofng absent)~ that the Anahelm f t/17/~ ~ ~ ) MINUtES~ ANANEIM CITY PLANNiNG COMMISSION~ NOVENBFtI 17~ 1980 80•69~-b City Planning Commlssion has revlewed tha propo~~l to rsclassify subJect property from tha RM~1200 (Reside~nti~l ~ MultlplrFamity) Xana ta tho CL (Con~nercl~l, Limited) 2ones to p~rmtt a pertormin~ art• th~ater Nith on-sale bear end wine with waiv~rs of mintmum nuRber ot parking spaces and minimum land~c~pod satback on a rectengularty- sh~pad parcel of land consisting of 1.3 acres tacated at the northwest corner of Broadway and Philedelphi~ Strests~ hevin9 apprexlmate f~ontages af 330 fe~t on th~ north side of Brosdway and 175 feet on the w~s~ ~ide of Phlladelphia Street; and doe: hereby approve the Naqative Dscl~~atio~ fram the requirement to prepa~e an environn~nta) tmpact raport on the basis th~t there would be no sig~ift unt tndividual or cumulative adverse environm~ntel tmp+~ct due to the approval of thts Negetivc Declaratlon sln w the Anaheim Ge~e~al Plan designetos the subJect property for general commercial isnd uses commensurate with the pr~po=~1; th+~t no senslttve envtronmentei imp~cts are tnvolvod in the proposal; that the Intttal Study submitted by the petittoner indicdtes n~ slgnificant indtvtdua) o~ cumulstOve sdverse environmantal Impacts; •nd that the FIE~ative ~acirr~tion ~ubst~ntlati~g tha foregotng ftndings Is o~ file In the Clty of Anehelm Planning Deprrtmen*.. ~ MINUTES~ ANAHEIM CITY PLANNING COMMISSION~ NQVEMBER 17. 1980 80~6g5 Commisatoner King offered Resolution No. PCBA-206 and meved for tts passa9e and adoption that the A~eheim City Planning Commis~ton does hQreby qr~nt Petltion for Rectassification No. 80-a~-18~ subJect to Interdnpartmental Committee recommendotions. On roll cAll, the forec~ing resnlutlon was pa~sod by the follawing vote; AYE5: CuMMtSS1QNEaS: BARNES~ 80UA5~ BUSIiORE~ KI-iG NOES: COMMISSIONERS: NONE ABSENT: GOMMISSIONERS; FRY~ NEaaST~ TOLAR Cort.nl ss) aner Ki ne~ of f~rod a mot i on ~ saconded by Cortxn) ss i oner gouas end MOT I ON CARR I ED (Com~issloners Fry~ Herbst and Tolrr being absent)• that weiver of mintmum numbnr of parking spaces is hereby granted an thc basis that parking will bc prevtded off-site and a perking agroement provtded between the Clty of Mahelm and the petitioner; and thG waiver of minimum landscaped setback in hcr~by 9r~nted on the basts that submttteci plans lndicate a minimum 5-foot wide setback ranging up to 24 feet and averagtng abaut 10 feet. CommlssiAner King offered Resol~~tlon No. PCB~-10y ertd n»ved for its pessAge and adoption that the Anaheim City Planninc~ Commission does hereby grant petltion for Condltlo~al ~se Permit No. Z14G~ x~Ject to the petitiener's stipulatlon that all ctty depertments tnvolved approves the plans and sub)ect to Interdepartmental Commtttee racomnendeti~ns. On roll catl, thc forcgoing ~esotutlon was rassed by che fnllowing vote: AYES: CONWISS16r1ER5: 6ARNE5, BOUAS, BUSHORE~ KING NOES: CONMISSIONERS: NONE ABSENT: COMMISSIONERS: FRY~ HERBST, TOLAR Conmissionc~ Barnes stated the Commissian ~s ve ry cxcited about tF-ts theater coming to Anaheim and felt It wlll be a great addttion. Chalrman Pro Tempore Bushore stated he is heppy to sec it go Into the downtowts r~development area and his concern was only that the ctty was not as hard on themsclves as they should be. ADJOURNMENT There being no further busincss. ~ommissioner King offr.~ed a motion~ seconde~i by Commissloner BouAS end MOTIQN CARRIE~ that th~ meeting bE adjourned. The meeting was adJaurned at ~:20 p.m. Respec~fuily submltted~ ~ ~ . Edith L. Harrls. 5ec~eta.~y Anaheim City Planning Ca-misslon ElH:lm 11/17/80