Minutes-PC 1981/12/28t
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Ctvir Center
A~aheim~ California ;~
Oe~embe~ 28, 1981
REGULAR HEETING OF THE ANAHEIM CITY PLANNING COMMISSION
REGUI:AR MEETING The regular meetinq of the AnAheim Ci~y Planning Commission wes
ca~lled to arder by Chalrman Pr~ Tempore Fry at 10:20 a.m,~
December 28~ 1981~ in the Counci~ Chamb~er~ a quo~um being
present~ and the Commisslon reviewed plans of the ttems on
today's agenda.
RECESS: 11:30 a.m,
RECONVENE; 1:28 p,m, for public testlmony.
PRESENT: CHAIRMAN PttO '~EMPORE: Fry
COMMISSIONERS: Barnes, Bouas, Herbst~ King, McBurney
ABSENT: CHAIRMAN: Bushore
ALSO PRES~NT: Annika Santalahtt Assistant Director for Zoning
~oe~ Fi~k Assistant Director for Planning
Jack lah(te Assistant City Atto~ney
Jack Judd Civii EngtncQring Associate
Dean Sherer Assistant Planner
Edith Narris Planntng Comntssion Secretary
PLEDG~ OF AILEGIANCE TO THE F~AG LED BY: Cortmissioncr King
~TEM N0. 1: ~IR NEGATIVE DECLARATlON WAIVER OF CODE REQUIREMENT AND CONDITIQNAL USE
M T 0. 22 2.
PUBLIC HEARING. OWNER: JAMES P. EDMpNDSON, 1380 Harbor Boulevard~ Anaheim~ CA 92802.
AGENT: BURKE-LESTER AND ASSOCIATES~ 2062 Business Centcr Drive~ a240, Irvine. CA 92715.
Property described a:, an irregulariy-shaped parcel of land consisting of approximetely
5.4 acres located at the norCheast carner of Manchester Avenue and Harbor Baulevard
(1380 South Harbor Boulevard (Howard Johnson Hotel)). Property zoned CR,
CONOITIONAL USE REQUEST: To permit an 8-story~ 69-foot high. 90-room hotel expansion
w(th waiver of minimum number of parking spaces.
There was one interested person indicating his presence at th~ pubi(c hearing, and
aithough the staff report to the Planning Commission dated Oecember 28, 1981, was nc~t
read at the public hearing, it is referred to and made a part of the mtnutes.
Jim Lester, agent~ explained they are requesting a parking and building height waiver.
He expiained balloon kests were conducted with Dlsneyland representatives and they are
proposing ~~o provide mechanicel equtpment space under the elevators and have added
another story to justify the additional costs for placement of the equipment room
under the elevatars rether than on top ~f the buil~ding. He painted out the exhibit
displayed which showedthe diffe~ence between the 7 and 8-story structure.
Concerntng the parking waiver, Mr. Lester txplained the restaurant requires 5b spacas
which were included in the tabulation and noted 90$ of the restaursnt patrons ere guests
of the hotel. He referred to a letter submi~ted which explains that next yea~ 40$ of
their fooms wi11 be c~CUpiad by tours and the guests would arrive by bus, etc.
6i •783
12/28/81
MINUTES, ANAHEIM CITY PLANNING COMMISSION~ December 28~ 1981
81-784
Gunther Kinfoil p~esented ssveral slides showing the results of the site Intru~ton
(balloon) tests nw de frominslde Olsnoyla~d and axplalned spproximately 1/3 ~f the
96 view~ had partiat ar fu~l view of the balloon,
Pht) Schwa~tze~ represonting O~ange Propertles who control the Clnemaland Th~ater,
explalned in 1968 Edm~ndson Propertlas~ owners of Noward Johnson's end Acapulco
Rastdurdnt~ entered (nt~ a parking agreament between tho restaurant and thAater
whereln~ on Fridays~ Saturdays~ Sundays and holidays~ 21 or 22 psrking spaces located
immediatety south and suuthwe~t of the restaurant shall be used exciustvety for
restaurant customQrs and when those speces are filled, the restaurant, by means of a
valat servlcn~ shal) use the speces on the Howard Johnson's lot and o~ other days,
the entlre lot of the theater and restaurant can be used (n common by a~y customers.
He nxpleined he is presenting this parking agreer-~nt to demonstrste chat praperty
owners and operators in the area can develop compatible arrangements which maxlmize
tht effictency of the avallabie parking.
Mr. Schwartze continued that the theater business is a use which has h(gh peak parkin~
demends and in the years to come as the lend uses in and araund the theater continue
to evolve to their highest and best use, parktng requircments and methods of parking
cars will also hopefuily continue to evolve and that certein land owners will develop
agreements far parktng which improve tha efficiency of the ut(lizatlon of land which
is a very valuable cortxnodity in the commc+rctal recreationnl area. Ha stated they
would hope the Planning Commission and Edmondson Proherties would glve consideration
to Clnert-aland if and when their needs for parkfng may from time to tirr~ excead their
abilities.
Mr. Schwartte stated when the motel parking lot
parking because of the easily aceessiblespaces
that there is a d(fference between a motel and
since a motel does not have maJor mceting room
and motels oryly provlde parking spaccs for the
is not full~ thc theater gets overflow
for motor hom~s~ campers, trucks, etc;
a hotel in the ne•icparking requlrements
facilities for banquets and conventions
rooms.
Mr. Schwartze stated Cinemaland wiii support the proposed motel expansion and the
raquestod vartence~ if the Commission will note that in that aree parking agreements
between land owners are a viable way of ineeting Ctty ~odes, and they would also like the
Cortrnission to consider that the value of land in that area dictates that innovative
measures be taken Co meet the needs of the many and varied uses; that Cinemaland is
not now operating near capacity and in tht future may wish to approach the Commissian
for consideration of a rtqre tntense land use and regardless of the City's codes,
may feel a need to utilize a parktng agreement with one of their neighbors.
Hes stated in the near future the Conmission may see a buildtng proposal on the yaca~t
property which is irm~dtately soutF~ of Cinemaland and the restaurant and hopefully
this use, working in conJunction with the surrounding uses, will establish a compatibfe
relatlonship which will permit ~11 to continue operating successfuliy.
Mr. Schwartze asked thet the Conmission cronsider the need~ of all the uses in the area
a round the motel and permit expansion which can be accommodeted without detriment
to another business.
Mr. Lester explained when this motel was expanded a few years ago. its designatian
was chenged to "hotei".
TIiE PUSL 1 C HEAR I NG WAS C1.45E0.
Chairman Pro Tempore Fry pointed out C~ndttionai Use permit No. 655 Ae ~itted a 7-sto ry.
78•foot high motor lodge and asked how this could be ~n 8-story~ 6a-foot hi~h
structu~e.
12/28/81
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MINUTES, ANAHEIM CITY PLANNING COMMISSION~ December 28, ~981 81'~gs
Mr~ Lm~ter explained the dtfference ts due to the 8'6~" fioor-to-floor dimenstons and
a flAt roof and stated they are trying to keep s low profile snd still msintain sane
aesthetlc i~tegrity; and that the exsct height ta the top of thn roof Is 69 feet.
Responding to Commissioner Bouas' questlon~ he explained Disneyla~d representatlves
egreed to the 7-story structura wtth the elevator penthouse on the roof~ but were
concerned about the height of the penthouse; howover~ they feet eiiminating the
elevator penthouse and adding the story is ~ better s~lutlon, Ne explained the
balloc~ns were flown et diffe~ent elevations ~nd that the top of the building may be
see~ from certaln locattons within the park,
Commissioner Herbst stAted he Os concerned because the Planning Commission has
tnsisted that some hotels eliminate a stQry to meet the code and polnted out this
property is closer to the pa~k than other praperiies.
Dean Sherer~ Assistant Planner~ explained Paragrapli 13 of the staff report ~dd~esses
the issue and that 6 stories a~s permttted tn the CR zone subject to the ~pproval of
a conditionaluse permit and that the proposed tower will b~ 69 feet high and conforms
to the Anaheim Commerciel Recreation Area Height Standard Guideli~es.
Commissioner Barnes asked if Disneyland has approved this concept and Mr, Lester
explained they wi11 be lowering ona Fert of the building~ but raising the total
height of the entire bullding. He clarifled that Disncyland had agreed to the
7-story structure wtth the elevator penthouse on top, but not to the 8-story structure.
Commissioner Bouas clarifled that Oisneyland was notified of this hearing and it was
ppinted out ihey are not present to obJect.
Commissione~r Barnes stated she did not think there would be very much of an int~usion
into the park and pointed out thtre are towers and htgh structu~es within the park. She
stated she was concerned about the bus drop-off area and what would occur tf there were
two buses waiting to pick up tours. Mr. Lester st~ted buses wi11 drop the patrons
off in front of the hotel lobby and cla~ified this is what is going on at th~ present
time. Ne explainad sometln'~es the buses pull araund ko the slde and do not cause a
probiem for hotel operations.
Cc~mmissioner Barnes asked the owner if he does have a parking agreement with the theater,
Jim Edmondson~ owner~ replied the~G is an existing parking agreen~ nt which was a tri-
party parking agreement stgned betwee~ ~he tt~eater~ Acapulco restaurant and Howard
Johnsun's Motor Lod~e and was signed because of problems in trytng to regulate parking
at night between Che theater and restaurant~ whereby patrons of the theater could park
at the motor lodgc parking lot and noted at that time the~e was another operator
~ince thatatime ,~the theaterchasmchangedvhandsaancnnow~iseadVietnamesertheater~andver,
s
never has a futl perking lot.
Nr. Edmondson continued they have had problems with the curre~t theater owner bacause
they do not maintain the parking tot and tandscaping. He staied they havc offe~ed to
purchase the theater property and noted Edmondson Propertfes owns the Acapuico
and theaternandpeventuailyideveloPpthac GntireuparceReinto moresroomsufor,the hotely
the
Ha statad under the parking ag~eement there are other options to sharing ard using
the parking lot and basically there are cenditions ~n the agroement whereb~ the theater
would not be abie to use1~a~~hQarhave never hadp oduse theCtheater parking lot.
Fry~ Mr. Edmondson expla Y
12/28/61
MINUTES, ANAHEIM CITY P UINNING COMMISSION, December 28, 1981
81-786
Cortmissioner Barnes st~ted the Commission has granted varianGes for more than the 10$
andDean Sherer exptatned a 25$ parkl~g watver wes granted for tha flarriott hotal rnd
this is a request for 10$.
ACTIOid: Commissioncr Barnes offered a motion~ seconded by Commissione~ Bouas and
MO I N CARRIED that the Anaheim City Plonntng Commission has revtewed the proposal
ta permit an 8-story~ 69-foot high~ 90-room hotol expansion wlth waiver of minimum
number of ps~king spaces on an irregularly-shaped parcel of land conslsting of
approx(rrotely 5.4 acres located at the northeest corner of MAnchester Avenue and
Harbor Boulaverd (1380 South Herbor Boulevrrd (Howard Johnson Hotel)); and does
hereby approve the Negative Declaratlon from the requirement to prepare an environmental
impact raport on the basis that tliere would bR no sig~iflcant (ndividual or cumulative
adverse cnvironmental impacts due to the approvel of this Negative Decla~ation since
the Anaheim General Plan designates the subJect property for commnrcial recreation
land ua~s tornmensurate with the proposal; thot no sensitive envtronmental impects
are involved ln the p roposal; that the Initlal Study submitted by thc petitione+r
indicates no signific~nt lndividual or cumulative adverse envt~onmental impacts; +~nd
thAt the Negat(v~ Declaration substantiating the foregoing findings ts on file ln
the City of A~aheim Plann-n~ Depa~tmenC.
Commissi~ner Barnes offered a motion~ seconded by Commiss(oner ~uas and M~TION
CARRIED that the Ana~heim City Planning Comm(ssion does herrby grant rehuest for waiv~~
of code requirement on the basis of the triangularly-shaped parcel and an the basis
that denial would deprtve subject property of a privilege enJoyed by other propertles
in the same zone and vicinity; and also nn the basis thac the petitloner stipulated
at the public hearing that the property across the street is owne~ by the same oam~r
and arrangements could be made for additional parking if necessary.
Commissioner Barnes offered Resolution No. PC81-271 and moved for its passage and
adoption that Che Anaheim City Planning Cammission does hereby grant Conditional
Use Permit No. 2282,in campliance wiet~ Sections 13.~3,~3'1; .~i1~ ,032; .033; .034 and
.035. Tltle 18 of che Anaheim Municipa) Code~ and Sub)ect to Interdepartmental Cartmittee
Zecommendations.
On roll call, the fpregoing resolution was passcd bY the followin vote:
AYES: COMMISSIONERS: BARNES, BOUAS, FRY, HERBST~ KING. MC B~RNEY
NOES: COMMISSIOt~ERS: NONE
AB5ENT: COMHISSiONERS: BUSHORE
Dean Sherer presented the w~ttten right of appeal.
ITEM N0. 2. EIR NEGATIVE OECLARATION AND CONOITIONAL USE PERMIT N~. 2283•
PUBLIC HEARING. ~WNERS: NORTH AMERILAN INVESTMENTS~ 1940 North Tustin Avenue, Suite 100,
Orange, CA 92665. AGEFIT: TOMMY RAZI~ 21473 La Capilla~ Missia~ Viejo, CA 92691•
Property described as a rectangularly-shaped parcei of land consisting of approximately
3.1 acres lxated at the southwest corner o~ Ba~l Road and Gilbert St~eet, having
approximate frontages of 600 feet on the snuth stde of Bali Road and 225 feet
on the west side of Gilbert Street (242-~-L West Bail Road). P roperty zoned CL.
Conditional Use Request:To permlt on-sale aicohoiic beverages in a proposed restaurant.
There was no one indicating their presence in opposition to subJ~ct request, and alkhough
the staff repa~t to the Plan~ing Commissio-i datad December 28, 1981. was not read at
the public h~ari~g~ it is referred to and made a part of the r,iinutes.
12028/81
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MINUTES, ANAHEIM CITY PLANNING COMMISSION~ December 28~ 1981 81-787
Tommy Rezt~ agent wbs present to answer any questions.
THE PUBLIC HEARING WAS CLOSED.
Responding to Commissioner Bernes' question~ Mr. R~zi explained this will be a small
gourmet restau~a~t and that it wlil not have a bar and the alcoholic beverages will be
servnd wtth facd only.
ACTION: Commissioner Kinq offered a motion, eeconded by Canmisstoner Bouas end MOTIOW
CA~a D(Commissloner Bushore being absant) that the Anahelm Ctty Planning Commission
has revlewed the proposal to permit on-sele alcoholic bevGrages in a proposad restaurant
on a rectangularly-shaped pa~cel of land consisting of approxlmately 3.1 acres located
at the southwest co~ner of Ball Road and Gilbert Street (2424~L West B~il Road); and
does hereby app~ova the Negetlve Declsratio~ from the requirement to prepare an
environrr~ental i~npact report on the basi3 tt-at there would be no signlf(cant individuai
or cumulat(ve adverse envlronmental (mpects due to the epprova{ of this tlegative
Decla~atlon since the Anehetm Ganeral Plan designates the subject property for general
canmerclal land uses comnensurate wtth the proposal; that no sensitive environmental
impacl, are involved (n tf~e proposal; that the Initiat Study submitted by the petitioner
indicates no significant tndividual or cumulative adverse environmental impacts; and
that the Negative Declaration substantlating the foregoing findings ts cm file in the
City of Anahelm Planning Department.
Dean Sherer, Assistant Pianner~ askod Lhat Condition No.2 of the interdepartmental
Committee Retommendations be corrected to ~ead: "That Condition No. 1, above-mentioned,
shal) be complied with priar to final building and zoning inspections,"
Commissioner King offered Resolution No. PC81-272 and moved for lts passage and adoQtion
that the Anaheim C(tv Planning Commission daes hereby grant Conditio~al Use Permit Na.
2283~ in compliance wlth Sectians 18.A3.~30; .031;.032;.033:•034 and .0~5, Title 18 of
the Ar~ahelm Municipal C~de and subject td ~ctitioner's stipulation that t`~e service of
alcohcalic beveranes will be in conjunction with meats only and that there shall be no bar
at the facility and subJect tu Interdepartmental Committee Recortxnendations~ ~aith Condttion
No. 2 beinc~ ~corrected.
On roll call~ the fc~regoi~g resolucion was passed by the following vote:
AYES: COMMISSIONERS: BARNES~ BOUAS~ FRY, HER85T~ KING, MC BURNEY
NOE5: COMMISSIONERS: NONE
ABSENT: COttf115510NERS: BUSHORE
ITEM t~0. . Elit NEGATfVE OECLARATION~ WAIVER OF CODE REQUIR~MENT AND CONDITIO;VAL USE
PERMIT ~~ 22 ~
PUBLIC HEAaING. ~"~1NERS: JOSEPH pl RUGGIERO, ET AL, 4803 Spenc2r Street~ Torrance, CA
9450;. P roperty described as a rectangularly-shspea parcel of land consisttng of
anproximately 0.9 acre located at the saufheast corner of Colchester DRive and Colony
Street (2230 Wcst Colchester Drive). Property zoned CL.
CONDITIO~IAL USE REQUEST: 7o permit a~ocktail lounge in th~ CL Zonc with waiver
of minimum number of parking spaces.
There wes no one indicating the+r presence in opposition to subject request and
aithough the staff report was not read~ it is refer~ed to and made a part of the minutes.
It was dete~mined tt-et the owner was not preaent. Judy Vaughn, GSB~ Inc.~ ths licensee
wns present.
12/28/$1
MINUTES, ANAHEIM C~TY PLANNING COMMISSION~ December 28~ 1981 81'188
Commisstonar King IndicAted concern about the parkin~ and steted he would llke to
hsve the owner present.
De~n Sherer~ Aasistant Planner, er.~lalned wF~en this prnperty was originally zoned
comrtwrclally~ it was the Intent thst tt be developed wtth deed restrictions permitting
only offico and professlonal uses; however~ other uses heve been permltted~ including
the bar and Moose Lodge~ under condittonai use permits end this application is for tha
conversion of the existing Moose Lodge to a bar a~d thls use has ~enerated the parking
waiver because all the uses requira 100 spaces~ including this proposed use, and there
arA only 60 spaces existing. He explainad CUP No. 1662,permitting the Moose lodge~
was granted without a parktng walver because the parking requirements arn calculeted
on the meeting room area.
Commissione~ Herbst stated he feit thls matter should be cont(nued until the owner can
be present and asked lf there have baen any complaints conc~rning parking w(th the
Moose Lodge use, Dean Sherer replied he was not aware of any comptaints.
ACTION: Commissioner Herbst offered a motiors~ seconded by Commissioner Bouas and NQTION
CARRIED (Commiss{oner Bushore absent) that conslderation of the afore~mentioned matter
be conttnued to the regularly-scheduled meeting af January 11, 1982~ in c,rdtr for the
applfcant to be present.
Commisisoner Herbst asked Ms. Vaughi~ to relay the informatlon to the owner that the
Commissianers are quite concerned ebc~ut the parkinq waiver requested.
I TEM NO . 4. E i R NEGAT I VE DECIARAT I 0~~ At~D COND I T I O~AL I ~SE PEFtM I T NO . 2285 .
_...__r..~
PUBLIC HE.ARING: OWNERS: THE SOUTHLAt~D CORPOftAT10N~ P. 0. Box 719. DAllas. Texas 75Z21•
AGENT: GIENN S, WASLIEN, 1240 S. State Colteg~e 8oulevard, Aneheim~ CA 92806. Property
described as a rectangularly-shaped parcel of land consiscing of approximately .46 acre
loceted at the northwe~t corner of Ba11 Rw d and Gilbert StrCet~ havi~~ approximate
frontages of 135 feet o~ the north side of 9a11 Road and 135 feet on the west sida of
Giibert Street a~d further described as 2403 West Ball R~ad (7-Eteven).P roperty zoned CL.
CONDITIOFlAL USE REQUEST: Te permit a conve~ience mnrket with gasoline sa~es.
There was no one indicat+ng their presence in opposition to sub}ect request and although
the staff repart to the Planning Commission dated December 28, 1981, was ~ot read at
the public hea~ing, tt is referred to and made a part of the minutes.
Bob Joh~son~ Sc~uthland Corporation~ 7862 Sheli Circle~ Huntington Beach, CA.. stated
thay are propasing Co add a self-servic~e gasoii~ie island in conJunction with an
existing 7-Eleve~ Store at the corner of Bell Road a~d G1lbert Street. He explatned
they are attemping to maintain their compexitlve positinn pointing out gasoline stations
a~e adding food to their operatio~s and conventence markets are aciding gasltne to their
operettons. Me explained thQy are operating 80 stores in thts area with oniy one in
O~ange ~aunty and have been in both the gasnltne and convenience business for approximatel~~
10-12 yea~s.
THE PUBLIC HEARING WAS CLOSEp.
Commissianar Bouas ciartfied that bae~ and wine are sald at this location.
Commissioner Herbar referred to the co~ditions requiring that an attendant be an duty
at all timea for the purpose of dlspensing gasoline anc' atso that the most eastarly
driveway on 6ai1 Road ba remov~d.
12/28/8i
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MINUTES, lWAHEIM CITY PLANNING CQMMISSION~ Ikcembar 28~ 1981 81-189
pean Sh~rer, Assistant Planner, oxplalned the petitioner has +~lroady agr~ed tQ compty
with Conditlon No. 1 raquiring the cloaing of th~ m~s~ essterly driveway on Ball Roed
and Nr. Johnso~ indicated they would hAVe no problem with eny of the condltlons as
set forth,
Commissioner King a~kad about the slze of the p~rccl and Mr. Johnson replled ha thought
those slte standards referred to a service statlan sit~ which normally ent~ils a lub-bay
servtce lype situatton~ as well as other types of accessorles and sesv~ces; however,
this will be one self-service gasoline tsiand and basicelly che customers would be
those who comes In to purchase something and need a s~il amounc of gesoline. Ha
stated this will not be a full service gasollnr station. He stated Anaheim has n~t
made any ravisions needed for self-service type operations. He added he thought thP
stza of the pa~cel is edaquate to handle this use.
Commissioner Barnes eskad if this would be a frenchise and Mr. Johnson replied r' " ens
on the west coast ~re franchises. He explained 7-Eleven~ through thelr strong fmaS.;.
(s the No, 1 convenience merket and with cvnvenience foods being added t~ service
stetions such as Arco AM-PM rnarlcets~ etc.~ they need to get mo~e aqressive in th~+
gasoline business,
Camn-issiorerH~rbst stated he has been concerned about this for a long time and has been
opposed to double uses ef service statlons because it wuuld be difficuit to stop
convenience ~narl,ets from asking for gasoline sales and this is what is happening.
He staied he thought the site is too small and approval would be granting prlvileges
not granted others, especially with setbacks.
Commissioner McBurney potnted out the measurement of the parcel is 165' x 165' Which is
larger than normal.
Commissloner Herbst stated Che Commissi~n shouid consider the number of service statio~s
ancl convenience markets in the city and how many corners will have markcts on them;
that landscaping setbacks and parking co~trols are normally requlred und in his oplnton
servlce stations should not be granted to sta~e~ and stores should not be granted to
service stations.
Comm(ssioner Barnes stated a lot of service stations have been clased and ane of the
reasons for granting duai uses (s that the Commission does not want any more vacant
service stations, and now this wo~ild be adding a gasoline statlon when others are
closing. She stated she really did nat believe that markets would be asking for
permission to have gasoiine sales and she was aorry variances have been granted tor
dual uses. She stated she is not in favor of this request because there are tao many
stetions closed. She st~ted the Commission is int~rested in planning for thc whole
city and thare are a lot of closed services stations on the corr-ers wh{ch are heaped
with trash, etc. and she thought the 7-Elevena are doing fine and she did not want to
risk ruining what is left by gra~ting this request.
Mr. Johnson stated hn did not think approvat of this would be adding another gasoline
service st~tio:~. He ~trted he felt the City of Maheim~ as weil as other cities need
to look at the economiG ressons service statio~s are closing. (Chairman Pro Tempore
Fry noted the Planni~g Commtssion cannot consider economics in their decisions.)
Mr. Johnson continued that the operators af service stations csnnot afford to stay
in business and the oil compenies who own the prime corne~s cannot afford to mai~tain
those corners so they have been trying to se11 them and ln orde~ for tFwsecorners
to be turned lnto gene~ating tncome properties. tfiere has to be dua) uses and that
is whst 5authisnd is prnposing and wauld probably ba i~terested in buytng half the prime
corners of vaca~t service ststions if they cauid instalt a dual use type business because
st~ictly a convenience rt~rket or service statio~ would not generate enough salas to have
a return oh the invesr~ni bccaUSe af high inter~t rates. 12/28l81
MINUTES~ ANAHEIM CITY PLANNING COMM+ ,5~~;~tl, Dec~m~.r '-A. 1981 81-790
Mr. Jrynson atated thsy are fortuna~~ •::ause i~~~ ~~~~rk~+t ;^ ~'~' -.ation is profitable
~n'' ~.!' be there with or v~lthout ga~. ~•~~~~ -;;l•s.but ~.:.:.~~~' 1 ~.^ ~- merchandiee the use
o~ ::.L ~,roper ty beceusa t t ~ecomes dt f f t cu I t to ~ ~~ L t fy not us i ny ..'' of an expens I ve
parcel, polnting out the entire west~rn half of the property is not being used.
Conmissioner King stated i,-_ can sea the petitioner's polnt of view because selltng
gasoline alone (s not profitable and he is compating with drug sto~es, department stores,
etc. becausa they all sall batteries~ tires~ oil~ etc.
Nr.Johnson stated they are campeting with everybody from grocery stores to service
stations and in order to stay comprtitive~ they have to progress wfth the industry and
felt the Commisson must look at what the futur~ has in store for a lot of the corners
end what types of buginesses will be tnterested in expanding because not nany compenies
are looking to put money into the economy.
Commisstoner Barnes stated she would have a dtffe:rent attitude If they had bought a
closed service station and requested a dual use. Mr. Johnso~~ steted this corner was
a closed serv(ce station 4 years ~go and up untit one year ago, the City of Anaheim
would nQt accept an applicatton for a condit{onai use permit.
Conmfssioner Beuas asked how c.lose the nearest service station is and Mr. Johnson
reptiad chere is one appraximately i/4 mile to the enst on Ball Road and is a Arco
AM-PM market and t!iera is a service station about one m(le to the west.
Commissioner McBurney stated this is one of the fortunate corners which has adequata
space to handle a use of this type and has better circulation around the buitdi~g
and better (ngress and egress than most and he did not feel it is that intense a
use and woutd not downgrade the area.
Commissioner Herbst stated he was concerned about the dangerou5 precedent that would
be started and noted similar requcsts have been danied. Ne stated Mahaim probably has
rrbre servtce stations and convenience markets chbn any other city and stated servlce
stations were granted privileyes never granted any other property because af the
necessity to be close to the street and other uses had to set back and he could not
Justify allewing this business on a specific carner ~rhen everybody else has to have
ackquete setbacks.
Commissioner Fry stated this is the first request of thls kind on a lat of this size.
Commissionnr Harnes stated she did not think the concern is the tot size, but is more
with the precedent that would be set. She stated the petitioner has admitted that
gas statlons are having a hard t1rt~ staying in business and ~bviously th~ 7-Elev~ens a~e
not exparisncing tfiose hard times and she felt atlowing chesa markests to havc
gasoline pumps will mean more s~rvice st~tionSwill go out of business. She stated she
is not against this partlcular corner~ but felt if this is granted~ the~•e will be
more and more ~f thess same requests and it wili be harmfui to the tity because of
the compeC(tian with the gas stations.
Commtssioner Mc 8urney steted the precede~t has bean set with the approval of the
ftrst AM-PM nrerket ~nd this is Just a reverse of the situation of gra~nting convenience
markets tn conJuncti~n with se~vice stations.
C~issioner Bouas noted the first n~erket was grented approvat in the Disneyland area
not too far from this locetiAn snd there wss to be no beer or wine soid and pointed
out tF,e Caurci; had b~en vary emphatic about that ~estrlctio~.
12/28/81
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1
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MINUTES, ANAHEIM CITY PIANNING COMMISSION, December 28~ 1981 81-~91
ACTION: Commisslaner King offered a nwtlon~ seconded by Commtssloner McBurney and MOTION
-~T~ (Commli:ion~~ 9~~shore absan~) that the Ansheim Ctty Planntng Commtssion has
revlawed the p roposal to permiC a con venlence n~rket with gesolina sale~ on a
rectangularly-shaped p~rcel of land conslsttng of approxinu~tely .46 acre locat~d et
the northwest corner af Bal l Roed and Gi lbert Street (2403 ~~est Bal t Road (7-Eleven);
and doea hereby epprovo the Negative ~ecle~dticn from the requlrement to prepere
an 4nvironmental lmpact report on the basis that there wouid be na ~ignifiunt
individual or cumulative adverse en vironmentdl impacta due to tha approvsl of this
Nsgativa Decleration s}nce the Anshelm General Plan deslgnetes the subJact property for
ge~eral commer:lal land uses cammen~ urate with the proposal; that no sansitivo
environmental impacts are Invalved in the proposal; that the Initiai Study submitted
by the petitioner tndicates no slgnificant tndivlduai or cumuletive adverse envtronmental
impacts; and th~t the Negative Decla ration substanttating tha foragoing findings is
on file tn the City of Anehe(m Ptan ning Department.
Commissionor King offered a resolution end moved for fts passage and adoptfon that th~
Aneheim City Pienning Commisslon does hereby grant Conditlonal Use Permit No. 2285~
subJect to Interdepartmental Committ~e Recommendatlons.
On roll call the fnreging rasalution FAIL~D TO CARRY by the following tte vote:
AYES: COMMISSIONERS: FRY~ KING, tiC BURNEY
f~OES: COMMISSIONERS: 9ARNES~ 80UAS, NER65T
ABS~NT: COMMI5SIONERS: BUSNOR~
Chairman Pro Tempore Fry offared a motion~ seconded by Commisstcmer McBurney and MOTION
CARRIEp (Commissioner Busl~ore absent) that consideratian of the afor~-mentioned matte~r
be continurd to the regularly-sche4~~led meeting of Janua ry 11, 1982~ due to a tie vote.
ITEM N0. 5. EIR NEGATIVE DECLARATION AND CONGITIONAL USE PERMlT N0. 2286.
RUBLIC HEAaING. OWNER: ANGELO ZABY~ tT AL 444 West Katelle Avenue, Anaheim, CA 92802.
AGENTS: MOBiI OIL Ca(tPORATION (DON R0831~5), P. 0. Box 2211~ Tustin, CA 92680.
Property described as a rectangula rly-shaped parcel of land consisting of approximetaly
.47 acre tocated at the southeast co rner af Katella Aven ue an d HarF,Qr Boulevard (1800
South Harbor 8oulevard (Mob~l Se rvtce Statia~)). P rope rty zoned CR.
CONDITIONAL USE REQU~ST: To retain convenience ratail sales in an exl~ting s~rvice
station.
There was no one indicating their p resence in appositlon to s ub,ject request a~d although
the staff report to the Pianning ConmissSon was not re~d~ it is referred to and made a
part of the minutes.
Susan lansbury~ 1$00 South ka~bor. Manager of service statio~~ was present to answer
any questions.
T'HE PUBL I C HEAR 1 NG WAS CLOSE[~ .
Ms. lansbury clarifted that cigar~ ttes~ soda pop~ potato chips, candy and gum a~e sold.
Commissioner Nerbst asked why this is dlfferent since service stations have always been
altawed to se11 soft drinks, etc. Oaan Sfierer, Assistant Pianner~ stated this is a
rstker sirict intrepretatio~ of the code; that seversl propasals for convenience ms~kets
w~~.~asoiine sales have been both approved and da~ied by Canmisston recently; that
said praposais we~e for 100$ co~ve rsio~s of servico station buitdings to convanience
12/28/81
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MINUTE~~ ANAHEtM CITY PLANNING COMMISfiION, Dec~mber 28, 1981 81-79~
n~-k~ts with gasol in~ salea; howrwr~ the petitianar has conve~tad only §$ of the
buil~ing floor ar~a into a s~las ar~a; that code specific~lly permit: only Che s~le
of autarotive•related products at servtce statian• with faad Icems requtred to be
disp~nsed from v~nding m~chtnas snd the petitio~er ts selling items from ~pen
sh~lvas in the sales area. He referred to the brachuro which shows th~ markettng
program by Mobii.
Ms. L~nsbury atated thl~ Ia not a convantance merkat; thst a11 th~y are trying to do
is eliminate the vendln~ mechtnws; that this ix the training cenxer for Mobii and
dealers come from all ovar to learn hav to op~rate a service station and they try
to sot high ratalling exempl~s.
Commisstonor Ktng cla~iflad that there are no plans to expand the salns portton of the
operstion.
Commissioner Barnes stated there Is no difference in this rec~uest and the previous
requeat and if a customer is able to purchase items from this stution~ it wouid hurt
the 7~Eleven's business~ Just as selling ges in a 7-Eleven hurts the servtce xtation's
business.
CommlsstGner Herbst stated ell ~e~'vicc stations h~vs a soft drink and cigaretta machlne
and if this Is approved, tt would be limited ta those ttems.
Commissioner Barnes indlcated she was concerned because of the marketing brochure
provided by Mobll and she ts looktng at a bigger picture and not )ust this parclcular
location.
Chalrman Pro Tempora Fry dtd not think there is a problem bec~use tha applicant is
only usi~g 5~ of the Ares for sales.
Commissiane~ Herbat steted he feeis this is just a diffnr~nt way of handling the
p~oducts they heve been ailowed to handle all elong.
C,ommissioner Mc6urney suggesced an addittonal conditton that no additional floar
spece be added. Jack White, Assi~tant Gity Atto~ney~ stated a condition could be
added limiting the sales area ta not exc~ed ISQ square feet and that no ad:itional
items be ~edded to the salas area.
Cammissioner Ba rnes felt nbviousty thls is going ta be the trend of the future and she
was c~encerned about setti~g a precedent.
Ms. Lensbury clarifled ba~ically ~h~Y are just merchan~ising the same praducts in an
attractivo way.
ACTION: Commisstone~ King offered a motioR. seconded by Carrmissi~ner Bouas and MOTION
AR IED (Commissioner Bushore absent) that th~e Maheim City Pian~ing Commission has
reviewed the proposat to rctain co~ven(ance retail salas in a~ existing se~vica station
on s ~ectangularly-shapea parcet of land conststing of app~oximately .47 acre locatad
at the southeast aorner o` X~taila Avenue and Harbor 8oulevard (1800 South Harbo~
Boulevard (Mobil Service Station)); and d~o~s heroby app~av~ the ?kga~ive Declaratio~ from
the ~equirerne~t to prepare an environmantst ~mpact nport on the basis tha! ther~ would
ba no significant individusl ,r cumulative adve~se envtronmentat Impacts dus to th~
spprovai of this Negetive Omctaration since the Anaheim Ge~-~ral Plan designates subJect
property for com~aerclal rec~eation land uses comme~surate with the proposal; that no
aansitive anvironmental i~+pacts are i~volved tn the provossl; that the Initial Study
~zixeia~
.,.... .. . •,.,.• • . • • ~~weax~»r.'g.nt~CU~-{xti'MiYNfM1 SfP f
~~ ~ ;~ f -~
~ NINUTES, I~IAH~IM CITY PLANNINd COMNISSION~ December Z8~ 1981 81-793
submltRed by tl» petitta-er tndtcat~s no sig~lftcsnt indtviduai or cunul~tiva
sdvers~ envtronm~ntal Imp~ct~t; and thAR the Negetive Decl~ratlon subst+~~tiating the
for~gatng finding~ ts on f11t in the Ctty of An~heim P1s~ning Department.
Commls~loner King offe~ed Resalutlon No. PC81-273 and moved for it~ pessege and
~doptlon that ths An~htim City Planning Commissian does hereby grant t~dttionel
Usa Permit No. 2286~ in compllance wtth Sectton 10.03.030; .031; ,032; •033~
.0;4 and .035, Tltle lE of Anahelm Munlcipal Code~ ~ubJect to Interdepartmentat
Cammittee Recomme~dsttons and sttpulations of the petitioner ta limit the sale~
erQa ~nd itama to be soid.
Jack 1-- 'te su99ested a condition ba added requlring that the retell selea area shall
be l im; .ed to not excaed 150 square feet of f loor erea snd che I tema sold shal l be
limit~d tn soft drinks~ clAarettes and snack foods typically availeble in vending
mechines .
On roll cs11~ the foregoing resolution was passed by the foltowing vote:
AYES: COMMISSIOf~ERS: BOUAS~ FaY~ HERBST, KING~ MC BURNEY
NOES: COMMISSIONERS: BARNES
ABSENT: COMM I SS 10`~ERS: BUSHOR~
12/2$/81
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MINUTES~ ANANEIM CITY PLANNING COMMISSION~ December 28~ 1981 81-~94
I TI:H h,1. 6
R PQRT AND RECOMMENDATIQNS
Th~ follawtnc~ Repo~~ts end R~ccxnn~ndAtiona stsff reperts wer~ pre~ented but not read;
A. RCCLASSIFICATION Nn. 8n-~1•1 - Request for extensinn of time frem Burrel D.
e~nusson~ ay ve~ opers~ a~ pr~~erty located s~uth nnd west oP the
southwest corner of Llncoln Avenu~ ~nd Rio Vistn Stre!et,
ACTI~N: Cortimisslaner Kinq offercd a mntion~ sec~ncled by Canr~isstoner
Mc urney and MOTION CARRIED (Chairn+An 8ushore ~hscnt), that the Anehelm City
Planntnc~ Canmissl~n do~s I~erel-y grant a ret~aectiv~ extenslon nf ttme for
Reclessificatt~n No, a0-F1-1 to r.xc+ir~ on July 2~~~ 1~1A2,
~. COND1710t~AL USE F'CRMIT N0. ?.1;F - Request for extenslon of time frrxn Raymond
C. Sa r~l ar ~roperty oceted on the sc+utheas t s i de af Sant ~ Ma Csnyon
RoAd~ npproxim~+tely ;0~ fe~t ee+st of th~ centerline of Eucalyntus Rvad.
AC_ TIO~r: ~o~-mtssioner Ktnn offer~d a m~tl~n~ secendcd bv f.oMmissi~ncr
McBurnry end 11QTIbN CARRIED (Chalrman fiush~rc ahsent)~ that the Anaheim Clty
Pla~niny Commisslon dons herrhy qrAnt a retrn~ctlve ~ne-ye~~r exten~i~n af
t imc for Condi tion~+l Use f'err.~l t N~. 21.r,( to exni re on bece~mber !;, 1!1F2.
C. VARIANCE II~. 2'145 VAPIANCE t10. 3~5~ A~ID CnMplTIO~lAL USt PERHIT -~O. 1676 -
equest or term net ons ~om c ae . ~ ers~n or pro~e rty ocat~ et
f~~'ti South Nest Street.
ACTION: Commissianer Kinc~ o~fcred Resolution t1os. PCA1-27~~, PCf31-?.75 and
PC~Et1=z'1G ~~nd mc~veJ for [heir pass~+~e t~n~ Ad~~tinn that the Anaheir+ Clty
Planntng Conr~isslon does h~r~by t~rmina.,; Variance No. ?.^1i5. Variance f~o.
3~y0 and Conditional Use Pcrmlt No. 1G7G.
On roll call~ the fore~olny reaoluti~ns were passe<1 hv the followtng vate:
AYES: COMNI 55 I ONERS : t3ARtJES, E3DUAS ~ fRY ~ FIERE3ST, KI NC ~ McBUR-JEY
NOES: COMMISSIONERS: NONE
A13SENT: C(1MMISSIO-~ERS: IfUSHpRE
R. CONDITIONAL USE PERMIT N0. 2212 - Sound study of cocktatl lounge onerations
at t e northwest cnrner o Ba Ro~d and Knott 5ireet.
Informstional purposes only. No action taken.
E. AMENDHENT TO TITlE 1~ - Request from the CTty c,f Anahelm fo r an amendment to
na e m kun c pa o e~ Chapter 17.2'~ Excavations and Recove ry of Non-Fuel
Mtnerals~ to implen+ent the Su~face Mininn and Reclamation Act of t975.
ACTION: Conn~isato~e~ Ki~g offered a motlon, seconded by Ccxnriisstoner
Mt urnay ancl MOTION CARRIEO (Chairman 8ushore absenc)~ that the Anaheim City
Planning Commisston daes herehy ~eccymrnend to the City f.~~.ncil Adoption af an
ordinance art+ending Chapter 17,20 of the Maheim Municipel Code, relating to
excavation and recovery of nan•fuel minerals and reclamation of mined lands.
12/28/81
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NINUTES~ ANAHFIM CITY PLAI~NING COHMISSION, Decamber 28~ 1991 81-795
f. PROCEDURES 11N0 REQUIRE~S FOR Ttl~ COFlS_ID_TIAN OF OEVEL~PMENT A~R~EMENTS
- Z`it o~naiis~ni ~eQue~cs sT'tT'on e~ ~ rasoT onT""e:' t'b'TTsTiTnq-' pro au'r`et
a~d requl~ement~ for the ce~eid~ratlon ef daveloMnent agreer-~nts.
ACTIONs Commis~lor-er Kinh offared e motian~ secondRd by Canmtssioner
c~urney and MOTION CARRIED (Chairmen Bushore et~sent)~ thst the Anehaim Ctty
Pl~en~tn~ Commtstion does hereby rocammond to the City Counctl adqptlan of e
reaalutlon esteblishtng pracedurea and requlreme~ts for the consideretion af
develapment aQreemants.
G. AMTRACK TRAIN STA7IQN UPDATE • Info rni+~ttonAl purp~ses anly. ~~o action
ta en.
N. SANTIACO CANYON AIRPORT UPDATE - Informational purpc±ses only. No actian
ta en.
ADJAURNNEN? Thdr~ baing n~ further busin~ss~ Commtssloncr Kin~ offcred a matlon~
seconded by Commiasioner 9auas and MQTION CAaR1E0 (Chatrmen Bushere
absert~), that the meettng be edJourned.
The mnetinc~ was adjournad at 2:55 p.m.
Res pectfuily submttted,
~~ ^ ' ~
Edith L. Narris. Secret~ry
Anahelm City Pl~nninci Ce~m~ission
Ell:lm
12/28~$1
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