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Minutes-PC 1982/06/02~ -~'. ~"- . . ~ ~:' ~,; . ~ . , ~'~c~.~ Civic Center Anaheim, Califarnia June 2, 1982 REGULAR MEETING OF THE ANAHEIM CITY PLANNING COMMI~ S,_ SION REGU~AR Tha regular meeting of the A~iaheim City Plenning Commisslon µEETING was called to order by Chalrman P~o Tempore Fry at 10:30 A.m, June 2, 1982, i~ the Council Chamber~ a quorum being present and the Commissian reviewed plans of the items on today's agenda. Recess: 11:30 a.m. Reconvene: 1:40 p.m. for public testlmony PRESENT Ghairman Pro Tempare: Fry Lommissionsrs: Barnes, &>uas. Nerbst~ King~ McBurney ABSENT Commissioners: Bushore AL50 PRESEtiT Annika Santalahti Assistant Oirectar for Zoning ,Jack White Assistant City Attorney Jay Tltus Office Engincer Paul Singer Traffic Engineer Dean Shcrer Assistant Planner Edtth Harris Planning Cortmission Secretary PIEDGE OF ALLEGIANCE TO THE FLAG LEO BY - Ctiairman Pra Tempore Fry .,........._ ITEM N0. 1: EIR NEGATIVE OECLARATION; RECLASSIFICATION N0. 51-82-IS and VARIANCE NOr. 2~- PUBIIC HEARING. OWNER: TNEIMA M. AND NENRY B.'~~SELN~ 1717 W. Lin~aln Avenue. Anaheim. Ca. 928~1• Property described as a rectangularly-shaped pa~cel of land consisting of epproximataty .46 acre~ and being lacated approximately 60Q feet south of the cencerline of lincoln Avenuc~ 141 South Dale: Avenue. RECLASSIFICA?ION REQUEST: RS-A-43,000 to R~1-1200 VARIANCE REQUEST: Wa~vers of minimum building site araa pcr unit, maximum struc- tural height and minimum landscspod setback to construct a 16-unit apertment complex. Continued from the meetinc~s of April 5~ 19. May 3 and 17~ 1982. There was no one indicating their presence in oppc~sition to subJect reQuest, and although the staff repo~t was not read~ It is ~eferred to and made a part of the minutes. Stanley Wise, 242 N. Camino Royale~ explained this metter was cantinued from previous hearings in order fnr them to work out an ngreexne~t with the Haus~ng Authority to provide four affordable units. TME PUBLIC HEAa1NG WAS CLOSEO. &t-305 NINUTES~ ANANEIM CITY PLANNING COMMISSION~ June 2~ 1982 82-306 Commiasioner He~bst asked if use of the driveway could be coordineced with the adJolning property as suggested by the Traffic Engineer, Mr. Wise stated khey wish to face the driveway to the south so the proJect would face the green belt area rather than the fiood controi channel to the south. Mr, Wise raplied the adJac~nt owner is not wlliing tu dlscuss a ccxnmon driveway. Ne also ~xplained he did not think there would be an access problem because of an existing 4}-p~t high fnnce and e telephone pole. Commiss(oner McBurney polntad out neighbors at thG pr~vlous hearing had been concerned about the driveway being rlght beside their property. Oean Sherer~ Assistant Planner~ clarified the project will be 25$ affordable~ rather than 33~ affordable as shown in the staff report. Jack White, Assistant City Attorney~ asked thet the next to last sentence of Condition No. 2 on Page 1-d be modiftod to read: "Said security ~hal) be posted with the C1ty prior to issuancc of bullding permits", He added a new co~ditian should be added to approval of Varlance No. 32b3 as follows: "That pri~r to issuancE of building ~ermits the owner/developer shal) execute and recard ar. agreemenc with the City providing that four (4) unlts shall be sold to and maintained in ownership by pprsons or families af low or moderate income for a minimum oF five ye~rs, said form shall be approved by the City Attorney's affice". ACTION: Comnissione~• Herbst offered a motion~ seconded by ~ommissioner King and MOTION CARRIED, (Chairman Bushore absent) that the Anaheim City Planning Commission has ~eviewed the proposat to reclassify subject property from the RS-A-43,OOa (Residential/Agricultural) 2one to the KM-1200 (Residential~ Multiple-Family) zone to construct a 16-unit affordable apartment complex (25~ affordable) with waivers of minimum building site area pet• unit~ maximum structural height, and minimum landscaped setback on a rectangularly-shaped parcel of land consisting of approxi- mately.46 acre, having a frontage of approximately 97 feet on the west side of Dale Avenue, approximately 600 feet south of the centerline of Lincoln Avenue; and does hereby app~ove the Negative Qeclaration from the requirement to prepare an environ- mental impact report on the besis that there would be ~a significant individual or cumulative adverse environmental impact due to the approval of this Negative Oeclaratinn since the Anaheim General Plan designates the subject property for medium-denstty residential land uses commcnsurate with the proposal; that no sensitive environmental impacts are involved in the proposal; tha~ the initial Study submitted by the petitioner indicates no stgnificant individual or c~nulative adverse envir- onmental impacts; and that the Negative Decloration substantiating the foregoing findings is on file in the City of Anaheim Planning Departme~t. Commissionar Herbst offered Resotution No. 82-104 and moved for its passage and adoption that the Anaheim City Planning Commission does hareby grant Reclassification No. 81-82-18~ subJect to interdepartmental Committee recommendations. On roll call the foregoi~g resolutio~ was passed by the following vote: AYES: C4NMISSIONERS: BARNES, BOUA5~ FRY~ HERBST, KING~ MC BURNEY NOES: COMMISSIONERS: NONE AB5ENT: COMMIS514N~RS: BUSHORE 6i2i8z MINUTES, ANAHEIM CITY PLANNING COMMISSION~ June 2~ 1982 a~~301 Commissio~~r Herbst off~red Resolutlon No. 82-105 ~nd moved for tts pesaage end sdoption that the An~h~im Clty Planning Commisslon doas hereby grent Veriance No. 3263 on the basis thdt the pe~itioner has ag~ned ta enter into an egreemant to provide 25~ effordable housing and subject to Interdepertmentel Committee Recom- mendatlans. On roll call the foregotng resolution was passed by the following vote: AYES: COMMIS510NERS: BARNES, BOUAS~ FRY~ HERBST, KING~ MC BURNEY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BUSHORE ITEM ~0. 2: EIR N~GATIVE OECLARATION AND VARIANCE N0. ~68 PUBLIC HEARING. OWNER: JOHN PRIEM~ 832 South Knott Strect~ Anaheim~ Ca. 92804. Property described as a rectangularly-sheped parcel of land c~nsistiny of apprpxi- mately .68 acre~ located approximately 655 feet west of the centerlinc of Knott Street, 3101 Weat Mungaf) Drive. VARIANCE REQUEST: Waivers of maximum structural hefght~ minimum landscApFd setback, minimum struct~~ral setback and required screenin~ of parking facillties to consLruct a 20-unit apartment uxnplex. Continued from the meetings of May 3 and May I), 1982, There were two persons indicatin4 their presence ln oppositi~n to subject request, and although the staff report was not read~ it is referred to and made a Fart of the minutes. Jack White~ Assistanc City Attorne~, asked thet Condition No. 9 be modified to read: "That security gates shali n~t be permitted without exprassed approval of the City Traffic Engineer". John Prlem, ageni. exptained the plens have been revised relacating the tra•ti enclosure areas from the front 15-foot setback~ that adequate parking has been pravided~ however~ the screen wail extends two feet into the setback. " I~win Newhouse~ 724 W. f(atella Avenue, Orange~ Ca. 92667~ stated he had sul~nitted a letter explaining his o~pasition, that he does n~t think thera should be parking allowad in the front setback area and definitely chat vehicles shauid not be allowed to back out onto the street because this would be ~n unsightly and unsaFe situation. He added there is a parking problem in that area at the present time btcause people who live in the apartmen[s to the ee~st park on the street; and also people who have garages with doors, use the ga~ages for seorage and park on the st~eet. He stated his main concern is the appearance and safety of the praject with the four parking spaces backing out anto Mungall which is b nar~ow street. Chairman Pro Tanpore Fry stated the letter nf uppositian from Mr. Newhouse has been received by the Commission. Willtam Phelps~ 1259 N. Batavia~ Oranga~ referred to a proJect he had designed in the past wheroin tf~a ownor ~wd asktd if he was bei~g treated fairly because otfiers were asking for waivers ar,: rh~ wai~ers would have saved him s lot of money; however~ he (Nr. Phelpsj had felt very proud because he cauld design prvjacts in co~formance 6/2/g2 ~ ' MINUTES~ ANAHEIM CIT~ PLANNING COMMISSION, Ju~e Z. 1y82 82-308 with City of Ansheim design standsrds without esking for walvArs. He stacad this Detitioner can get the 20 urt(t• on this pr~~erty withnut an~ waivers if tha relstion- ship of one-bedroom/two-btdroom u~lts is c.. +~god. Ha stated he did not think this petitioner is beinq fai• to the Commfssion and the City of Anaheim and Is ~sktng the Commisslon for sn incre~.e of mcmatery return and he dld not think the request should be granted beceusa he can design the pro}act to meet th~ desi~n st~nderd which has been appllcable in this city for meny years, Mr. Phelps clarifi~d to Chatrman Pro Tempore Fry that his pro~ect was bullt in 1971. Mr. Prlem steted evldently thnse same pe~opla were prote~ting this same proJact two or three yeers ego when it hed differenc owners; that he understands it was approved like th(s and that there a~e two-story un'ts in the area; th.~~ they could meke the proJect work wlthout the setbeck wsive~ on the rear~ but ttuit 19 fdet is reelly Just "dead space" and ustng that portion for the pool ond recreation area makes more sense~ pointing out there is a church parking lot to the rear and they do not obJect. THE PUBLIC HEARING WAS CLOSEO Commissionor H~rbst stated he has no questlons abc~uC th rear setback waiver or the vehiclas backing onto the street since that happo~s oll over town with residenCs backing out onto a private st~eet~ but he cennot f{nd a hardship for the minimum 15-foot setback required. Mr. P~iem replied in order to provida the required parking speces and garages~ the screen wall oxtends two feot in thet o~c area. He stated he did not know what the hardship would be. Chairman Pro Tempor~e Fry related that economlts cannot be consider~d as a legel Justification for the~ Planning Commission to grant waivers. Commissioner Herbst clarified he co~~ld justify tha two-story units and the vehicles backing into the strect~ and has no problcm with the screening; however, if the set- back waiver is allowed~ oth~rs wlll want the same thing. He suggestcd denial of aaiver (b). Mr. Priem steted khe 2} feet waiver is in o~ly one area; that a waiver was app~oved at the corner of Knott and Savanna allowing parking in the setback and It is Just areund the corner from this property. Oean Sherer, Assistant Rlanner~ stated the crash enclosure was moved to ihe rear and clarified that the area in discussion is ~ parking space. Commissioner McBur•ney askcd if the width of the walk could be reduced and Mr. Priem noted an 8-foot walkway is required. Dean Sherer explained code requires that parking areas be screenad f~om mdjoining streets and properties and in order to eccommadate the requl~ed number of spaces, the~e is a 2}-foot encroeichmant into the 15-foot landscaped setback; that if the Pisnning Commisslon danies waiver (b). etther the u~tt count or perking ~uld have to be reduced and reduction Af parking spaces would rsquire re-edvertisement of a waive~. He explalned at the previous hea~ing. the petitioner stipulated to bring th~e parking up to code and one of the ways ot doing thet was to encraach into the setback. b/2/82 ~.` M I NUTES, ANAHE 1 M C 11'Y PLANN 1 NG COMM I SS I ON ~ June 2, 1982 82-309 Commissioner Bouss asked if the patitionor had eonsidered redosigning the pro~ect to try •nd get the same number of units witiwut waivers. Mr. Priem stated they have worked qufte s few hours on this proJ~ct and t hare were mora units originally proposed. He clarified ta Commlssioner King that 20 unit s~re necassory to meke the pro)ect fe~sibie. ACTION: Commissioner Herbst offered ~ motion, soconded bv Commissionor King and MO IT ON CARRIED~ (Chalrmen 8ushore absent) that che Anaheim City PlAnning Commission has revidwed the proposal to permit construction of a 20-unit apartment complex with waivers of maxlmum structural helght~ min(mum landscapod setback~ minimum structural sntback and required screenin~ of parking facillties on a rectengularly~shaped parcel of land cansisting of approximately .6P acre~ havtng a fronteye of approximately 23Z feret on the no~th side of Mungall Drive~ locaced approximately 655 feet west of the centerline of Knott Strcet~ 3701 West MunqAli Orive); and does hereby approve the Negstive Declaratloi~ from the requirement to p~ eaare an environmental impect rQport on the basis that thcre would be no signlfica n t indiviciual or cumulative adverse environmental impact dua to the approval oF this Negative Declaration since the Anahelm General Plan deslgnates thA subject property for medium-density resld~ntial land uses cammensurate with the proposal; tha t na sensitive environmental impacts a~~ invnlved in the proposal; tF-at thc Initial Study submitted by the petitloner ir,~!icates no significanc indlviduol or cumulative advcr5e environmenCal impacts; and that the Ncgative Declaretion substantiating t he foreqoing findings is on file in the City of Anehefm Planni~~g Departmant. Gc~n+missioner Herbst offered Resoluti~n No. PC 8 2-106 and moved for (ts passece and adoption that thc Anaheim City Planning Commis sion does hereby grant Variance No. 3268~ in part. granting waivers (a)~ (c) and (d) on tha basis that denial would deprive subJect property of privllcyes bcing e njoyed by oih~r properti~s in the same zone and vicinity; anci denying waiver (b) on the bosis that no hardship was d~.irbnstreted applicable to the property including slze, shApo, topography~ locatlon or surroundings~ which does r~at apply to othc r property under identical zor-ing classification in thc vicinity; and subject ta Interdepa~tmental Committee Recc~m- mendations. On roll calt, the foregoing resolu[ion was pa s sed by thc follawing vote: AYES: COMMISSIONERS: BARNES~ BOUAS~ FkY~ M ERBST~ KING, MC 9URNEY NOES: COMMISSIONERS: NONE A85ENT: COMMISSIONERS: BUSHORE Jack 4lhite~ Assistant City Attorney- presented che written right to appeal the Planning Commisslon's deci~,ion within i2 days to the City Council. ITEM N0. 3: EIR CATEGORICAL EXEMPYION-CLASS fll AND VARIANCE N0. 3274 PUDLIC HEARING. OWNER: TEMPLE BETH EMET, 17i~ ~'. Cerritos Av~., Anaheim, Ca. 92804. AGEMT: Ralph Mlinnick~ 2133 Dell~ Lane, Anaheim~ Ca. 92602. Property described as a r•ectangularly-shaped parcel of land consis tbng af eppraximately 4,8 acres~ lacated appr~xirr~tely S2S feet ^ast oF the centarline af Fa~hlon Way, ~770 W. Cerritos Avenue. VARIANCE REQUEST: Waiver of permitted accessory uses and structures to permit a ~esidential traile~. Continued from the meeting of May i7~ 1982. 6/2/82 ~': . ~~ . } MINUTES~ ANAHEIM CITY PIANNIHG COMMISSION~ June 2, 1982 a~•3~~ It was noted the petitlaner h~s requ~sted that subJect petition be withdrawn. AC_TI,ON: Cammissloner Souas offe~ed a motion~ saconded by Comnissio~er Merbat and MOTION CARRIED, (Che(rman Bushore absant) that the Anaheim City FlanninQ tommission doas hereby grsnt the petltioner's request thst Verience No. 3Z14 be withdrewn. ITEM N0. 4: EIR CATEGORICAL EXEMPTION-CLASS ANO ~ONDITIONAI USE PERMIT N0. 2 4 PUBL~'- IC Hk~RiNG. OWNER: EMPLE BETH MET, 17 0 W. C~rr tos Ave.~ Anaheim, a. 92 04. AGENT: Ralph Winntck, 2133 De11a Lene~ Anaheim~ Ce. 928A2. Property dascrlbad as a rectangularly-shaped parcel of land consisting of approximately 4.$ ecres, located approximetely 52S feet easc of the centerl{ne of Fashion Way~ 17/0 W, Cerritos Avenue. CONDItIONAL USE aEQUEST: Ta permit a residentiai traile~. Therc was no one Indicating thuir presence In oaposition to subjact requast, and although the staff rep~rt was not rga-!, it is refarred to and made e part of the minutes. Ralph Wihnlck~ 2133 Della Lane~ Anahe{m, agent~ stated this is basically e request to permit them to set up a trafler on the property to be used to house a security gumrd to obscrve the surroundina facllitics and to his knowledge there has been no oppositlon from any of ihe immediate ncighbors and he felt this will allevlete e certein load on the City from the standpc~int of police service. THE PUBLIC HEARING wA5 CLOSED, Mr. Winnick responded to Commissioncsr McHurnC~ ~!.~: there have been some mi~or security p~oblems in the pest~ but nothing maJor. Commissioner Herbst asked how long this trailer would be necessary. Mr. Winnick replied they would like to keep it for an ind~finite periad of time and they do not have any plans at present to construct a permanent structure. Conmisstoner McBurney ststed he felt if the use is appraved, it should be reviewed in three years. Jack White, Assistant City Attorney~ su99~sted if the Commission wishes to review the p~ermit in three years, it should be ltmited to that period of time only and at th~ end uf the three years, the petitioner would h~ave to apply for a new conditional use permit~ if the use is still desirabie. It was noted the Pianning Director or his authorizQd representative has determined that the proposed pro,j~ct falls within the definition of Categorical Excmptions, Class 3~ as defined in the State EIR Guidelines and is~ therefore, categoricatly exempt from the requirement to prepara an EIR. ACTION: Commissioner King offere~ Resolution No. PC82-107 and moved for its pa5saoe a~d adoption that the Anaheim City Planntng Commission does hereby grant Conditional Use Perr+iit No. 23~+3~ for a period of thrao (3) years, sut~Ject to Interdepa~tmente) Conmtttee Recomnendatlons. On roll call~ the foregoing resolution was passed by the following vote: AYES: COMM15510NER5: BARNES~ BOtfAS~ FRY, HERBST, KING~ MG BURNEY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: 6ushore 6/2/s2 ~ ~x~ MINUTES~ ANAHEIM CITY PLANNING COMMISSION~ June 2. 1982 82-311 NTAI IMPACT REPORT N0. 24J,_ MA_IVER OF C00 yU^VIC~HE~~ING~ rOWNER:,'vPEI-~NUNG ANQ ROSANN HSU CHAO, 1880 Warbler Place~ Orange, C~. 92667. AGENT: Prime Property Llmitod~ 5 55 South Flower Street, Suite 4;10~ Los Angales, Ca. 90071 and Stan Sak~moto~ 3833 I.ong Beach Boulevard~ Lonq Baach~ Ca. 90807. Property desc ribad as a roctangularly-sh~ped parcet of land consisting of approxirtu~tely 4.3 ecrR s, located approxlma tely 825 feet norCh of the centerline of Katella Avenue, 1701 South West Street. CONDITIONAL USE REQUEST: 7o permit a 15-story, 139}-foot high~ SQO room hotel with accessory uses with waiver of minimum number of perking spaces. Contlnued f~om the meeting of May 17, 1982. Thare wes no one indicating their presence fn opposition to sub,ject request~ and al though the staff report was not read, i t 1 s referrcd ta and made a part of the minutes. Jack Whlte, Assistant City Atturney~ ex~loine d the petitiqncr has agreed to present a photograph of the model on displey befora tho Planning Cammission to become a part of the City's rccord. Larry Stricker~ agent, s tated this n~atter wa s contin~cd twn weeks ago in order to alleviate the height of the building; that the design was in co~~formance with the contour sight guidelines set forch from thc c enter of Disneyland and the hotel was des(gned to the mosi resirictive of the g~~IdGlines which would be the northeast corner of the structure facing Disneyland ak lA0 feet; and that subsequent to that tl~ey have been working rrith engineers at Uisneyland to m~et their design criteria. Mr. Stricker presented a phatograph show(ng t h~ balloon as seen from the test which was sent up at 140 feet; and that photographs were taken from variaus areas of the park and this was the only area of int~usion. Ne ~explained they have reduced one story from the structure and have satisf(ed D(sneyland's concerns. (Chalrman Pro Tempore Fry~oted the 15" x 18" pFwtograph pres~nced was taken from the Disn~yland Mark Twain, t$iae'~'~ subJect property). Mr. Stricker stated Disneyland officialt have requested that signinq on the north and east sides of the tower be restricted to no higher than 116 feet and they are willing to comply with that request. THE PUBLIC HEARING WAS CLOSED. Commissioner Herbst cla rified that th~ pr,titioner is willing to comply with the City Traffic Engineer's recommendation if pa rking prove.s to be inadequate by building the pa~king struc:ture wi th the capabi 1 ity af adding an~other ieve{ in the future~ with Mr. Stric ker respor-ding they are willing to comp'iy with the 7~affic Engineer's request and will enter jnto an agroemant with thc City of Anaheim te that effect. ACTION: Commissioner Barnes affered a motio~~ seconded by Conmissioner King and MQTION CARRIED, (Chalrman Bushore absent) that after considering Environmental Impact Report No. 243 fo r the propo~sed Emerald of Anaheim Hotel and reviawing evidence, both written and oral, presented to supplement draft EIR No. 243. the Planning Commission finds that EIR No. 243 is !n campliance with the California 6/2/82 ~' .l MINUTES~ ANAHEIM C 1TY PIAMNING COMMISSION~ June 2, 1982 82-312 Environmental QualitY Act and with the City end Stata EIR CEQ~- Guidellnes; that potenti~l environmenta) impscts c~n be reduced ta an insignlficant levei by conform~nce with C ltY plans~ palicles~ s~d ordinances; and~ therefore, based upon such inforn~tton. the Planning Cammission certifles Envlronmental Impact Repart No. 243. Commiasionar Barn~ ~ offered o motion~ saconded by Cammissioner Bouas and MOTION CARRIED, (Chairmsn Bushore absent) that the Anehelm City Planning Commission does heroby grant waiv ~r of code requirement on thQ basis that deniei would deprive subject property a privil~ga enJoyed by other properties In the same Zone end vic(nity; and thst the petitton~r h~s egraed ta enter lnto an agreement with the City of Anaheim to provide additional parking spaces should the proposed perking prove to be Inadequate. Jack White sugges iad that the next to last sentence of Canditic~n No. 2 be modified as follows: "Said secu~ity shall bc posted prior to epprov~l of building pcrmits."; and that Condition No. il be modified as follows: "That the proposr.d hotel shall comply with all signing cequirements of tha CR (Commercial, Recreation) Zone and alsa no portion of any ex terior sign shall be located at a height exceeding 116 feet above grade of any exte ~lor portion of the proposed hotel facility; end Chat Condition No. 15 be modifie d to read as fuliows: "That in the event parking for the propased hotel proves to b~ inadequa ie, the dev~loper/hotel owner shall execute and record en agreement or cavenant to provide additionai parking as reyulred by the Cicy Traffic Engineer, and as epproved as to form by the City Atkorney's Office." Mr. Stricker sta t ed they would like thn signing restriction [o be as recommended by Disneyland~ so that na signing shall be permitted on the north and east side, and signs ~n oth~ ~ portions shall not~exceed 130~ faet. Cnmmissioner Bar n es offered Resolution No. PL82-108 and mcved for its passage and adoption that th~ Anaheim City Planning Commisslon does hereby grant Conditional Use Pe rtnit No. 2 324, subject to interdepartmental Committec R~comme~dations~ as modified. On roll cal1~ the foregoing resolution was passed by the fallowing vote: AYES: COMMISSiONERS: Barnes, Bouas~ Fry~ Herbst, King, McBurney NOtS: COMMISSIONERS: Nonc ABSENT: COMMI55lONERS: Sushcare ITEM N0. 6: EIR NEGATIVE OECIAEtQ710N AND TENTATIYE MAP OF TftAC7 N0. 11782 ~! PUBLIC HEARING. OWN~R; N. J. BROCK b SONS, 1698 Grcenbriar Lane~ Suite 224~ Bre~, Ca. 92621. Prop~rty described as an ~rragularly-shaped perce) of land consisting of approximately .49 acre located at the soutfieast co~ner of Romneya Drive ancl Leeward Way. TENTATIVE TRACT R~QUEST: To ra-subdivide a portior- ~f previously approved Tract No. 8796 to esta blish a 4-lot~ 4-unit. RM-2400 2one subdivision. There was no on~ indicating theif presence ln oppo~ition to sub,ject ~equest, and although the staff report was not read~ it is referred to and made a part of the minutes. Mike Conlin, M. J. Brock a~d Company~ agent, was present to answer any questions. 6/2/82 . _ _ ~ ._._._ _~_.._.~- ~ ~ MINUTES~ ANAHEIM CITY PIANNING COMMISSION, June 2, 1982 a2-3~3 THE PUBIIC HEARING WAS CLOSED. Commissioner King pointed out this pro)ect is consistent with the prevtous acttons of the Planning Cc~-imission (Variance No. 3273)• ACTION: Commissloner King offered a motion~ seconded by Comm{ssfoner Bouas and MOTION CARRIEO~ (Chairman BusFx~re absent) that thc Anaheim City Planning Commission has reviewed the proposel to re-subdivide e portion of previously approved Tracr. No. 8796 to establish a 4-lot, 4~unlt~ RM-2400 2one subdivislon on an irrogutarly-shaped parcel of land consisting of approximately .49 acre located at th~ southeast corner nf Romneya Orlve and Leeward Way; end does hereby app~ovc the Negatlve ~eclaration from the requirement to preper@ an environmentel lmpact report on the basis th4t there would be ~o signiflcant individual ~r cumulative adverse environmental impbct due to the approval of this Negative Oeclaration sinr,e the Anah~irti General Plan designates the subJect property for low-medium clensity residential land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study submitted by the petitioner indicates no significent {ndividual or cumuletive adverse environmcnta) impacts; and thet the Negative Declaration substantiating the fpregoing findings is on file in the Gity of Anahpim. Commissioner King offerAd a motio~~ seconded by Cortmissioner Bouas and MOTION CARRIED, (Chairman Bushore absent) that thc Anaheim City Planning Commission does htreby find that the proposed subdivision~ together with its design and improvement~ is consistent with che City of Anahelm General Plan~ pursuant to Gavernment Code Se~tion 66473•5; and does, therefore, approve Tentetive Map of Tract No. 11782 to re-subdivide a portion of previously approved Tract No. 8796 to establish a 4-l0[~ 4-unit~ RM-2400 zone subdivision~ subject to the following candlticros: l. That should this subdivisio~ be developed as more th~n one subdivision, each subdivisfo~ thercof shall be submitted in te~tative form for approval. 2. That ~11 lots within this tract shall be served by underground utilities. 3. That the o~iginal documents of the covenants, conditions, and restrictions~ and a letter addressed to developer's title company authorizing recordation thereof, shall be submitted to thr City Attorney'z office and approved by the City Attorney's Office, Public Utllities OepArtment~ Buitding Division, and the Englneering Division prior to flnal tract map approval. Said documents~ as approved, shall be filed and recorded in the Office of the Orange County Recorder. 4. Thet drainage of subJect property shall be disposed of in a manner satis- factory to the City Engineer. 5. That the owner of subject property shall pay to the City of Anaheim the app~opriatg park and rec~eation in-lieu fees as dekermined to be appropriate by the City Council, said fee~~ to be paid at the time the building pe~mit is issued. ' That the owner(s) af ,ubject property shall pay the traffic signal assess- mc (Ordinance No. 3896) in an amount as determined by the City Council~ for ea~ .. dwelling unit prior to th4 ~ssuance of a building permit. 7. That the apprava) of Tentative Map of Tract No. 11782 is granted subJect ta the finel approval of Variance No. 3273• 6/2/82 7 ;. E MINUTES~ ANAHEIM CITY PLANNING COt4MISSiON~ June 2~ 1982 82•314 8. Thst fire hydrants shall be Installed end chergad as required and determined to be necnssary by the Chief of Fird Depsrtment prlar to commencement of structural framing. 9. That vehicular eccess rights~ excrpt at approved access points to Romneya Driva~ shall be dedicated to the Clty of Anahelm. 10. That the ~eller shall provtde the purchaser of eech condominium unit with ~:+ritten informatian concerning Anaheim Municipal Code 14.32•500 pertaining to "parking restr(cted to facilitate r~treet sweeping". Such written informatlon wtll ciearly indicate when on-strect parking is prohibited and the penalty for violatlon. ll. That "no parking for street sweepinc~" signs shall be installed prlor to flna) street inspection as required by the Public Works ExecuGive Director in accordance with specificetions on file with the Street Malntenance Dlvlslon. 12. That prior to issuance of building permits~ the applicant shall present evidence satisfactory to the Chief Building Inspector that the proposed proJect is in conformance with C~uncil Policy Number 542~ Sound Attcnuatlon in Residential PrpJects. ITEM N0. 7: EIR NEGATIVE DECLARATION AND TENTATIVE MAP OF TRACT N0. i1794 PUBLIC HEARING. OWNER: RUSSEL 0. ROQUET~ 42 Ocean Avenue~ Cayuc~s~ Ca. 93430. AGENT: Anacal Engineering Canpany~ 222 E, Old Lincoin Avenue, Anaheim, Ga. 928a3• Praperty described as a rectangularly-shaped p~rcel of land consisting of app~oxi- mately 1.7 acr~s loc~ated at the southwest Gorner of Romneya Drive and Baxter Street~ ~55a-1632 East Romneya Drive. TENTATIVE TRACT REQUEST: To establish a ip-lot~ 10-building RM-1200 2one subdivision. There were three pers~ns indicacing their prese~ce in oppositfon to subJect request~ and although the staff report was not read, it is referred to and made a part of the minutes. Cal Queryal. Anecal Engineering Ganpony~ was present to answer any questions. Richard Escamillo, 1702 Br~arvale Avenue, Anaheim~ sta~ed he obJects to this proJect because the locs wiil be sub-standard and parking wili be inadequate; and that Rcxnneya is a very crowded str~ct. He skated a lot of people use their garages for storage and park on the street, indicating he and his ncighbor have had to ask people to mave their cars so they could get their cars out of their driveways. Mr. Escamillo stated hc ros two children in schools tn the area and tt~ere has been a problem with a young lady paradinc~ a~ound in her bathing suit in one of the apartments in the rear; and there have been children molested in the area by drunks. He sdded he moved her' because this is a residential arna and now it cauld turn into a tenement area. Chairman Pro Tempore Fry poi~ted out there will be no changes made to the existing property and this request would not affect the existing situation, He axplained the Commission cannot cont~ol whether o~ not peopiQ use their garages for parking and suggested Plr. Escamilio call the Police Department when he has trouble with pe:ople pa~kfng in his driveway. 6/2/Sz ~. MINUTES, ANAHEIM CITY PLANNING COMMISSION, June 2, 1982 82-315 Ernast Dsvls, 1711 W~rrenton Avenua, Aneheim, asked if a vsriancQ had been previously granted on thls property~ with Chairman Pro Tempore Fry noting a variance was grented in 1~58~ and Conmiss(on~r Herbst explal~ed the ~equest Is e~ctually for a lat spllt. Mr. Dmvis stated he felt a lot split ts actually a varlance creating sub-standard frontage and will be less than esteblished in the area and there would be nothing to prevent them from erecting new construction in the future~ indicat(ng he under- stands once a variance is granted, the owner would need no furthe~ approval. Commissioner Barnes noted the va~ ance was actually granced in iy58 and the property is already deveioped end if the owner decided to change the structu~es, they would have to come before the Commission, Mr. Davis stated he felt this would be multlplying a factar of abaentee landlords because there would be 10 owners instead of f{ve~ and there is a lot of that now. He stated there are a lot of children in the area and there is a real concern to maintain the value of the p~operties. Mr. Queryal stated mnst likely a buyer of a tr(plex would live in the front unit so there would not necessarily be absentee landlords. He stated there are two triplexes on one lot and the owner• desires to sell the units on individual lots which is the reason far the lot spl(t and noted tho {ots are all over the minimum area except chose with 64' and 63' foot widths~ versus the minimum 70 feet. Mr. King stated a buyer of one of these ur,.ts would not let it go downhill because the value would go down. ACTION: Commissioner King offured a motion~ seconded by Cortmissioner Bouas and MOTION CARRIEQ, (Chairman Bushore absent) that the Anaheim City Planning Commission has reviewed the proposa) to establish a 10-lot, 10-building RM-1200 zane subdivision on a rectangularly-shaped parcel of land consisting of approximately 1.7 acres located at the sauthwest cor~er of Romneya Drive and Baxter Streec; and does hereby approve the Negacive Declaration from the requirement to prepare an e~vironmental impact report on the basis that there would be no significant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim Gencral Plan designates the subject property for low-medium density land uses commensurate with the pruposal; that no sensitive environmental impacts are involved in the pruposal; that the Initial Study submitced by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declaration substantiating the foregoing findings in on file tn the City af Anaheim Planning Department. Cortmissioner King offered a matton~ seconded by Commissioner Bouas and MOTION CARRIED~ (Chairman Bushore absent) that the Anaheim City Planning Commission does hersby find that the praposed subdivisior. together with its design and improvement, is consistent with the City of Anaheim General Plan, pursuant to Government Code Section 66413.5; and ~oes, therefare approve Tentative Map of Tract No. 117g4 to establish a 10-lot~ 10-building RM-1200 Zone subidivision, subJect to the following cnnditions: 1. That should this subdivision be developad as more than one subdivision, each subdivision thereof shall be submitted in tentativG form for approval. 2. That the approval of Tantative Ma~ of Tract No. 11794 is granted subject to final approval of Yariance No. 3275. 6/2/82 ~ ~. MINUTES~ ANAHEIM CITY PLANNING COMFIISSION, June 2~ 1g82 ~ az-316 Jack White~ Assistant City Atcorney~ presanted the written right to appeal tho Planning Commtsstoc~'s dectsion withtn 22 deys ca the C(ty Counctl. TEM N0. 8: EIR CATEGORICAI EXEMPTION-CLASS 21 AND CONUITIONAL USE PERMIT N0. 21 wn~~n~. n.~w _ _. PUBLIC HEARING. OIdNER; MELODYLAND CHRISTIAN CENTER~ ET AL.~ 10 Freedman Way, Anaheim~ Ce. 92805. AGENT: Ray McMurty~ Superintendent, Melodyland Schools and Colle~es, lp Freedman Way, Anaheim~ Ca. 92805• P~operty described as an irregularly- shaped parcei of land consisting of approximately $.85 acres~ located approximately 830 feet east of the centerllne of Hartror Boulevard. CONOITIONAL USE REQUEST: Requests deletion nf Canditlon No. 1 Af Planning Commissio~ Resolution No. PC80-218 pertaining to required street improvements. There was no one fndicating their presence in opposicion to sub}ect request~ and although the staff report was not read~ it Is ~eferred to and made a parc of che minut~s. Ray McMurty~ Superintendent~ Melodyland Schools and Colleges, states origi~a)ly they applted for a permit to build a gyrtuiasium on property indicated as four lots which the City ind(cates as two lots; that Melodyland Christian Cencer owns 1.08 acres direcxly cAntiguous ta the perking lot and they want to build a gymnasium on the proparty owned by the church itself, He stated their original application was cn the entire 5.85 acres and their deslre was to bc able to plant grass in one area; however~ betause the high school is totally responsible and the church is noc able to fund the project~ they only have sufficient funds for the building of the gymnasium and feel that the requirement for street improvements on Katella is prohibttive; that they sympethize with the desire to have the curbs~ gutters and sidewalks on Katella, but it is over 300 feet away from the Melodyland-owned property~ pointing out the rest of the property is leased to Melodyland on a I9-year basis and making the improvements would be a definite financial hindrance ta the(r ability co bs able to build a gymnasium. He stated there are over 200 schools in the area. with only 96 gymnasiums, and they have an agreement with Che City to allow Parks and Recreation to use the facility, as well as the high school, He stated they are asking not to have to provide these improvements because the land ir~ not owned by thc Melodyland Christian Cente~ and because it would be ~ financial burden if the high school has to pay for all the improvements. THE PUBIIC HEAP.ING WAS CLOSED. Dean Sherer~ Assistant Planner~ stated the original Conditional Use Permit No, 2149 was for a large gymnasium complex~ as well as a recreation f(eld. which covered the entlre property shown in grey on the map; and that they have since gotten approval for a smaller gymnasium facility on the ea~~erly parcel; and that the originel condition applied to the full 300-foot frontage along Katella l4venue. Cortimissione~ HGrbst asked if th~y exit nn~o Katella from that praperty and Mr. McMurty repliod they do not. Paul Stnger, Traffic Engineer, stated in that conmerciai/recreation area, Kacella Avcnue Is probably one of the busiest arterials in the c(ty; that due to this u~improved pa~cel~ the travel lane lines actuaily kink around, Jutting around this 6/2182 ~ ~ ~ ~~ MINUTES~ ANAHEIM CITY PIANNING COMMISSION~ June 2, 1982 ~ 82-3~7 parcel and by actumily putting ~ by-pass Into tho~s lanes~ It creates sldc-Hw~ipe coliistons ~s sFwam In the collision di~grsm prosQnted to the Commission. stated tharc are e number of r~ear-end coiiisions~ ma~y of them three-car collislons with in,jurles~ and several side-swipe collfsion~ that have been caused by this misalignment In the lane linas and many of the colltsians ware preventabla if the street was straightened out. Ne edded this is a very congested aree. Conmissioner Herbst sta~ted thls property Is leased for 19 years and inasmuch os Ketella is probably one of tha busiest travelad b~terial streets into that Disneyland arca, it is up to the ownnr of the property or the lesaee to do something abaut the situation because the collision report for that area in front of thnt property indicetes ~here were il eccidents in 1981~ 10 in 19$0~ $ in 1979- etc. pointing out this fs Just tn front of this property. Mr. McMurty stated th~ report ind(cat~s two of the stde•swipe collisions were fairly cluse to the Studio and exit area of the Moonshine Bar. He stated he is in total sympathy, but the positio~ thcy would have to k,~ke is to ~ubdivide the property end improve ~nly the portion which is being developed. He stated it is their desire not to have to come back ta the Co~m~~ssion, but be able to go into the proJect to n-ake it e nice clean area with grass~ etc. and enhance the beauty of the entire area. Comm(ssianer Herbst stated he could not vate f'or this request because the health~ safety and welfare of the people of Anaheim are involved and even though the property is leased, the owner or lessee should be required to fix the street~ ju$t like any other property owner. Ne stated the exlsting ~dve~se conditlons are caused by this property and it has tp bc straight~ned out. He added he thought the City has offered to help. Corm~issioner McBurney agreed. ACT~pN; Comnissioner Herbst offer@d Resolution No. PC82-109 and moved for its pASSage and adoption that the Anaheim City Planning Commission does hercby deny the request for amendment of Candition Ho. 1 of Planr~ing Commission Resolution No. PC80-218 pertaining to required street improvements fo~ ~ondltional Use Permit No. 2149. Mr. McMurty stated denial wil) delay their project for at least a year. Commissioner Herbst suggested the property owner might be wilitnq to help• On roll call. the foregoing rasolution was passed by the following vate: AYES: COHMISSIONERS: 6ARNES~ BOUAS~ FRY~ HERBST, KING, MC BURNEY NOES: COMMISSIOWERS: NONE A85ENT: COMMISSIONERS~ BUSHORE Jack White, Assistant City Attorney, presented the written righc to appea) (inctudinc~ ~nY conditians) the Planning Commission'a decision Nithin 22 days to the City Council. 6/2/S2 PUBLIC HEARlAGENt ~Jack P~.SNorrlsBURCEER17662O1rvinegBlvdLinSulta 7enTust~inanCa. Ca. 92665. ~~~~ ~' ... ! _ ~ '~ MINUTES~ ANAHEIM CITY PLANNiNG COMMISSION~ Juna 2. 1982 82-318 P~operty describad as an irregulerly-sM ped parcel of land consist{ng of approximately ~ 8.3 acres~~located approximstely 1~100 feet south of the centerllne of Arboretum Roed. ~',~,, ~+r^ .~ , .~;,~. • ,, ~t , , . , ' , TENTATIVE TRACT~rREQUEST: To establ(sh e 13'lot, RS-HS-22,000(5C) or a 12•lot, RS-HS-22,000(SC) 2one subdlvision. There were spproximdtely 6 per~ons indicating their pr~sence in opposition to sub~ect request~ end although the stsff report was not read~ it is referred to end made a part of the minutes. Scoct Immal, 1671 E. ~incoln~ Orenge~ statod the purpose of this hea~ing is to obtain certification of Environmental Impact Report (EIR) Mo. 257, approval of Tentative Map of Tract No. 11600 and appr~val of removal of apecimen trees. Ne stated since the September 9, 1981 hearing, they have been accumulating data required as part of the EIR. Ile stated they purchasod 13 iots~ all conforming to City ordinances and standards~ with permits~ and had lnt bids for construction a~d had begun work whcn th~ court ordered them to cease and nullified ail approvals by the City bas•..d on the finding that the City had fa(lcd to give proper notice to adJoining proper~y owrers of a public hearing held July 1979• Ne s[ated this causad an incredible Jrain on their financial resources in this the worst economie depression since the 1930's. He polnted out the staff recommcsnds certification of the EIR. Mr. Immel statod they have spent considerable time and money to devclap this EIR and th~ Tentatlve Tract No. 11600 does conform to al) City ordinances end standards and their primary choice of proposals is the original tencative tract and Revision No. 1 was pr~pared aff.er accumulation of all thcs environmental impact report data and much additlonal site study and engineering expenses and if the Commission approved Revision No. 1 and feels it is a more acceptable proposal. then they are willing to accept that decision. Mr. Immel stated the community of Anaheim and the infracommunity of Anaheim Hills affords a iimited amount of sp~ce to dev~lop a special community as proposed with minimum ~-acre lots in a secluded ~ountry estate setting with a private entry system to the proJect and a beautiful wooded envi~a~ment far from the maddening crowd and it is thelr goal to develop in harmony with the surroundings while u[ilizing only the soundest principles nf design and construction and to establish a vibrant cortmunity which can be held up by the City's planners. He read the following from the EtR: "Projects which accommodate the unavoidable adverse lmpacts uf develop- me~t and enhance the quality of life for the canmunity as a whole also improve the overall community environment. Economit and social pressures for grawth in north- eastern Orange County are such that compiete protectian of the environment at the expense of commu~ity ~rowth and wel! being ts not practical. The developmen± of this site in accordance with the proposed plan will permit some of the more interesting natural animal habitats and vegetated areas to remain~ while increasing the economic and soci~l productivity of the site." Mr. Imm~l stated they have managed to survive through this past year, at great expense and sacrifice, and it would have baen simple to take {egal recourse one yea~ ago and rascind the enti~e purchasa tra~saction, but they belleve in this proJect and its feasibility and its value to th~e cemmu~ity and would like to see the p~oJect moving again to help the indusCry recover from the disaster of the last 16 months. 6/2/82 z ~ `~ MINUTES~ ANAHEIM C!TY PLANNING COMMISSION, Juna 2~ 1982 ~2-319 Jeff Walsworth~ 6351 Via Arbolas, Aneheim~ stated he is speakfng on behalf of himsalf~ Mr, b Mrs. Renshaw and Dr. ~ Mrs. Tansdke, He~ atatad the praposed tract map without rcvisions~ provides for gradl~g of ho~se tralls~ as well as drainage~ on property which the developers da not h~ve eas~ments or righ~-of-way fo~ and he felt it would be a waste of Commission's time to examine that propossl. He stated if thet Tract cannot ba developed as p~oposed~ the questlon is~ what is acceptable. He stated there (s a plan acceptable ta everybody and meets the City's gnals as well, and was Alternative "C" tn thp EIR end it was developed as a result of several odJoining homeowners hir•ing an engineer to havc that alternetlve made. Mr. Wolsworth reed the follawing fran the EIR, Page 7: "RegerdJng this alternative that the ad,joining hc~rtkowners have prQposed which will allow the developer to build 12 horr~s in accordence with the policies set out tn the Anaheim Canyon Ar~a General Plan"~ and noted the Plan briefly states that one of thc policies is ta provid~ open spac~ and ta kcep grading to an "absolute minlmum" with dcvelopmenis following the natural cc~ntours of the land and prohibited in deep slope areas". He added Alternative A meets that policy~ is In conformance with tha General Plan desighatton and significantly less grading would be required. He continued that the EIR says this alternatlve appears to be a viable alternative. Ne stated it would be hard for the Commissicn to consider one plan that allows the developer to put in 12 lots and not meet the needs of the ad}ointng neighbors when there is a viable alternative to meet everyone's need. He noted a pe;ition containing over 100 signatures was submitted. Ne stated he b~:lieved the develnper's cash flow would be Just as sufficient if Alternative A is accepted. Mr. Wolsworth stated if the Cnmmission is inclined to apprnve Altcrnative B~ he would suggest a couple of conditions to help mitigate the problems~ and added this is not to be construed a~; a~ endorsement of Alternative B. He stated there are at IeaSL six unique homes which would abut this tract end they are designed with glass on one slde~ with r., back yards. He steted the superintendent of the developer says the three-car garages will back up to these homes and they will be looking at their trash cans, open garages, etc. He suggested a conditi~n that the architectural and landscape plans be submitted prior te final recordation of the tract map to allow adJoining homeowners to have input ta assure aesthetic values wil) he maintained for the surrounding area. Mr. Idolsworth stated the court decision was based on improper n~tification~ end the question of the effect on surrounding homes was neve~ addressed by the cuurc. George Abernachy, 6381 Via Arboles~ Anaheim, cancu~red with Mr. Wotsworth's comrnents and added he ls definitely concerned about any destruction of the natural drai~age canyon area. R. M. Gregory stated hc owns the praperty adjacent to this tract and hasn't seen ar~y new tract mep and does not know what the change is, but wanted to know what the cfianges are as proposed~ parttcularly if there is a change in the streets. Dean Sherer. Assistant Planner, explained there are twn tentatlve map requests - the origina{ request (No. 11600) was a praposal far e 13-iot subdivision and is shown on the right and the street conftguratio~ is for two cul-de-sacs and a raad turning in a"S" shape through the property; that the appticant has al~o submitted a revised map (No. 11600, Revislon No. 1~ wlth the nu~nbar of lots lowered fran 13 to 12~ and e slight change in the rc~ad pattern and the elimination af a cul-de-sac, but the "S" shaped roadway 1s retained, He pointed out other changes are discussed in ~he stsff report, Page 9-e, Item Ig, end read those changes. 6/2/82 ~,. MINUTES, ANAHEIM CITY PLANNING COMMISSION~ June 2, 1g82 82-320 Mr. Gregory asked about the bridge refesrred to and Mr, Immel painted out the brtdge on tho pian. Mr. Gregory asked where access wauld be for the previous owner (M~, Henning) a~d Mr. Imne1 expl~ined Mr. Ntnning's drlvo (s proposed out to Henning Way, and that wili be the only eccess ta Henning and e portl~n of the gulley wiil bo fiiled and noted e portian is a private easement. Mr. Grego~y statcd the private easement is far road purposes, but if the land is 9oing to be fiiled, he wanted to know about it. He stated he is for the tract and llves next door to tt. He stated people who live above the property have noright Co tell th~m what to do; that he Iive~ above a lot of property And he thought thls tract will ho very good and well-developed and the people above have no recourse to it. He stated the trees that grew in the gulley should be removed. He ciarified he has lived there 25 years, Sidney Acre, 6361 Via Arboles~ llnaheim~ stated his propcrty is one of the six abutt(ng the tract and his mafn concern is that the pipeli~e which has900 Ibs. per squarP inch gas pressure across the back of his property is not disturbed and also he would want the canyon Ieft undisturbed as possible. He stated he does not object to hauses being built. Jack Whito, Assistant City Attorney~ stated Mr. Acre's previous comments regerding the draft EIR and the responses aro a part of the offici~l records uf chis hearing and will be i~corporated into the final EIR and they have been re~eived and consldered by the Comnissian. Mr, Immel stated they are in a rather unique position because they havc three lenders holding security on 13 lot.s Lhat were nulltfied 9 months ago by the court and it i~ impossibte fnr them to be a primary mover of a 12 lot subdivision without the approval of thei~ lenders to give up one of the lots which they ~aw have as security. He stated they havt some monumental problems still facing th~.m. He stated they spent a lot of time when develop{ng Revision No. 1 addressing the concerns of th~ opposition and those same concerns of grading ~n property not owned by the developer, etc. voicad by the oppositlon and still bei~g voiced today; that they couldn't talk to Mr. Gregory because they ciid not know if Alte~native No. i wc~uld be approve~, He stated they want the origtnal 13-lot subdivision approved, but if the Canmission approvas aevision No. I~ they will have to get cogether w(th Mr, Gregory. He stated the canyon to be filled is the unsanitary landfill and he has witnessed people dumping their trash into that gulley a~d filling a portir~n would give stability to thc slope and improve the whole situatiAn. Mr. Immel stated they have never seen the pctition referred to by Mr. Wolsworth and noced it was submitted in opposition to renx..val af trees and not this proJect. Cancernin~ the conme~t regarding garages backing up to adJoininq properties to have been made by a super(ntende-.'~ he stated there are no archifectural plans or arrange- mencs set up for this pro,ject yet~ ao he did ~at know hnw anyone coula make s~~.!~ a stetement and certainly dld not come fr~am anyane who has any authority to spe~k for thelr company. He stated the suggestian to permit arch(tectural and len~lscape plans prior to recordation of the trect map to be submitted to the gene~al pubiic fo~ their input is absolutely unacceptable. He stated he has heard of areas having architectural 6/2/82 ~ ,~ MINUTES, ANAHEIM CITY PLANNING COMMISSION~ June 2, 198?. 82-321 codes but was not aware of any in thi~ orea. He stated ne can guarantee that whet- ever is butlc will be a vast improvement and will not be stilt houses and the alternstive suggested by the oppos(tion would roquire stilts and they do not think thet ts suiteble to the are~. He ststed th~t alternative does not provide any pad areas that make it ressonabie to butid. Mr, lmnel ~ef~rred to Page 75 of the Ela addressinq the opposition's concerns and read the following: "This alternative provi~es the benefits of r~ducgd grading in the maJo~ area of conco~n (responding to concerns af ad!acent residents) and additional preservation of specimen trees and provisi~n for the equestrian easemont entlrely withln our proJect." He stated thc tree rdnoval permit for Revision Na. 1 would require rnmovai of k3 treea and 25 of the original 44 trecs have been removed and are all 1n the lower canyon areas and they have not removed those "wind 'row" Eucalyptus trAes requi~ed to get the road switched back up to the top portion of the property; and that of the 43 treess~ e significan~ number are on the wcst side of the property vaher@ the opposition cannot even ~ee because of the "wlnd row" Eucalyptus trees. He stated they preserved the 100-year ~Id Sycamore grove in the center and some of the laryer specimen trees down ln the canyon. Mr. Immel stat.ed they have provided for adequate drainage with underground drains and the City Engineer has attested ta its ability to handle the ant(cipated flow; that the Four Lorners Pipelina siluation has bce~ addressr.d with the pipeline company and they have absolutely eliminated ai) cucs from the areA in the southoesterly portion of ihe prnpe~ty. He s~tated instead of ~utting, they arc filling which giNes more stebility. THE PUBLIC HEARING WAS CLOSEQ. Mr. Immel stated 13 lats w~~re originally approved end they had paid all the fees and had permits and thouyhc credit should be giver for the f~es paid, Jack White statnd any fees paid will be calculated for the new tract and any difference will be ref•~nded. Mr. fmmel refe~red to Gondition No. 20 concerning the appropriate easement agreements for access and utitities purposes between subject property and Quintana Drive and explained their company gave that easement to the prevlous applicant. Jay Titus, Office Engineer~ stated na new easement would be required. Mr. Immel stated the requireme~t for a homeowner's assaeiation was discussed. He stated they recognize there wil) be maintenance responsibilities for the streets and trails, etc., but they do not intend to have ~ homeawner's association in the sense of a condominium homeowner's association wiih an inco~~orate~ group and were going to establish maintenance covanants in their CC~6R's with assessment provisio~~s to permit owners to enforce assessments against anyo~e who didn't eitct to pay their fees. Ne stated the City has enforceme~t powcrs and they would obJect to having to form an assoclation. He stated they have dont many other smaller pro}ects and had CCbR's with maint~nance assessment provisions and it has been adequate and he would like to work that out with the Clty Attorney. Jack white stated there have been preliminery discussions, but nothing has be•~ finalized and he is not satisfie~ tha City is in an adequate position to enf~rce maintenance and he felt thet op~to~ should be left apen; however~ he wauld nat f l~>92 ~ ~ ~ ,~ MINUTES, ANAHEIM CITY PLANNING COMMISSION, June 2~ 19$2 82-322 ob,ject to modlFying Condition No. 15 ~hich ~olates to the prnpose.d assoc(ation to re~d i n those pi~ces whare i t now says "homeowners essoc (et tvn" to read "homeowners or homeowners associatton" so the obligatlons could be elther/or and if an acceptable arrang~ment to the City can be worked out~ It could be done without modifying the cvndl t lon et a later dete. Respond(nq to Chai~~nan Pro Tempore Fry, Mr. Immel explained che homec~mers recognize t hey have an obligatlon neighbor-to-neighbor to make certain that everyth(ng is malntained and It fs up to them to arrenge that it be done on a reguler basis end i t has worked out on ~th~!r pro,Jrcks; that general ly owners wha have paid 5500,000 o r Sb00~000 for thQtr homes have a good pride of owne~ship ~nd recogniz~ the need for mai~tatning It. Comnlssioner Barnes stated she is concerned about me(ntenance of the private streets a nd if there are a couple of owners who do nc• want to keep up the ~+rivate streets~ t hey become a p~oblem, J ack White stated it wfil b~~ the Ci[y's responsibility eo make sure there is an a dequate way to guarantee that the sCreets wil) bc maintaincd and it is now a mette r of flndtng out if there is a mechanfsM, ocher than an essociati~n, ~nder which that e an be satisfactorily handled, and the option can be left open for r-ow. Cc~-rmisstoner Herbst stated he lives (n Anaheim Hills and recognizes the~e is a n~ed for mainten~ince of slope;. It was clarifi~d that ail the sloFes wili be private and cach owne~ w(11 have the obiic~ation nf his own slope. He noted there have been p roblems In the past with sloF~es abutting thr stretts which might affect AdJotning property ownor's valur. C ommisSioner Barncs stated mosf. of the property will probably be I~ft (n its natural s tate. J ack White explained CCbRs fo~ homeowner associatlonf are really a matier of a private contract betwe~n property ownNrs and Cheir office has multiple calls a week with p roperty owners saying thetr CC6Rs are being vioiated and thefr response Is thac the City does not recognize ur t~ke part in any in~erest and they are told to erf~rce it through their associatio;~. He stated if the~e b.CC~Rs without an associatlon~ there is the ultimate legal rem~~y of a civil case before the court and [he primary difference is that thc association provides ~ buffer and takes the responstbility ~f enforcing the ~onditions~ but if an flwner is still aggreived~ they would still have that ultimate remedy to go ta court on their own end that right ~ill rtot be waivar e ~ ther way. Commissioner Herbst stated if there is an association and a neighbor is violating t he CC6Rs, and others in the neighborhood dan't really ca~e, there would stili be the clout of the wnofe assotiat(on group to try to get enforcerr~nt, C halrman Pro Tempore Fry asked which plan the Commission would be intereste~ in approving. Cammissioner Herbst repl ied he would want to sec Revision No. 1.,pproved because it d4es prnvidE for all trails un thelr property and deletes a lot of othe r problems which the EIR has referrtd to, indicating he thought ii was a good compromise, and he felt Et provides as much protACtion as possible to the r,eighbors. Jack White ciarified that somstin-es the plan has been referred to du~ing th~ heai•inQ and in the staff repcrt as Revlsion No, 1 and Alternate No, 1 and ls, in ~• ;.. s~~ as Exhibit "B" on the wa1i. 6/2/82 ~ i ~ ;.~: MINUtES, ANAHEIM CITY PLANNING COMMIISSION~ June 2, 1982 PZ~~~~ Commissioner Bsrnes stated she was i~terested in drainaye ond soils and her toncarns huve beon satisfied and bnswerod in thn EIR and she thought the proJcct will b~nefit this srea, and the Clty of Anehelm. ACTION; Commissianer Herbst offered a motion. seconded by Comnissioner King and Mb~tTN CARRIEO (Chalrman Buahore absent)~ that Environmental Impect Reporl No, 251 for tha proposad dNVelopment of Tentative Tract No. 11600, cons~ sting of 13 lots and Tmntative Tract No. 11600 (Revision No. 1~ consisting of 12 lots~ having been considerad this date by the Anahelm Cicy Pianning Con~n(ssion and evicience both written and oral, having baen presented to supplament Draft EIR No. 251, finds that potentlal proJsct-generated envtronmental impacts have been r~ d uced te an inslgnlflca nt level by the submlttal of an alternatlve projec:t, Alternative "B" (T.T No. 11600- Revtslon No. 1). and by canfori.-ance with City pians~ policies. and ordinbnces; that pursuant to Sett ion 15Q67 of the Sts te CEQA Guidel ines, Alternat ive "8", an al ternat i ve ta the praposed pro,ject~ could become the projett with no further environmental documentation required; and that draft EIR No. 257 is in compliance with the Ca 11 fornla Envi ronmenta 1 Qua 1 1 ty ac t and C i ty and State CEQ/~ Gu i de I i nes and, therefore, the Planning Commission certifies ~IR N~. 257• Coimiissiontr Herbst offcred a motian~ saco~ded by Comnissioner Bouas and MOTION CARRIED (Chairnwn Bushc+re absent) that th~ A~aheim City Planning Commisslon does hereby deny the requast For approval ot Tentative Map of Tract No. 11600 an the bas ( s that the des i yn af the subd i v i s(on i s I i ke i y to cause env i ranmen ta 1 damage. Commissioner Nerbst off~red a motion~ s~conded by Comnissione~ Bouas~ and MOTION CARRIEO (Chairman Bushore ab~ent) Lhat the Anaheim City Planni~g Commission doss hereby flnd that the proposed subdivislon tagcther with its design and improvement, is consisient with Che Cicy of Anaheim General Plan, pursuant to Governemnt Cnde Section 66473.5; and does, therefare, approve Ter.tative Map of Tract No. 11600 (Revislon No. 1) for a 12-lot~ RS-MS-22,000(SC) Zone subdivision~ subject to thc following tondit(ons: 1, That should this subdivision be developed as more than one subdivisinn, each subdivision thereof shall be submitted in tentative form for approval. 2, That subJect property sha 1 1 be served by undergrc~und uti 1 i t ies. 3, That a f inal t; act map of sub,ject property shall be submi tted to end approved by the C i ty Counc i 1 and t hen ba recorded i n the Of f i ce of the Orange County Recorder. 4. That the original documents of any proposed covenants, conditians, and restrictions, and a letter addrtssed to d~vel~~;~er's title company autho~izing recordat i on thereof ~ sha 1) be subm i tted to the C i ty Attorney' s Of f 1 ce and approved by the City Attorney's Office and Engineering Oivision prior to the f(nal Cract map approval . Said docur~ents, as approved~ shal 1 be f i led and recorded in the Off ice of the Orange County Recorder. 5, That st~eet namas shall be approved by ths City Planning Departmant prior to approvai of a final tract map• 6. That dra i nage of sa i d p~operty sha 1 I be d I sposed of i n a manner sat i s- factary to the City Enginner. If , in tha p~~paration of the site, sufficient grading is required to necessttate a grading permit~ no work o~ grading will be biziaz ~J ~. , ~ MINUTES, ANAHE~M CITY PLANNiNG COMMISSION, June 2, 1g87 82-324 permltted between Octobe~ 15th and April 15th unless a i) requlred off-site dralnege fac i i( t les have be~n Inste !!~~t end ere operAt tve. Pos i t i ve assuranc~ sha i l be provided the City that such dralnage faciiitiea will b~ completed pr(or to October 15th. Necessary right-of-way far off-slte drainage factlitie s sh~ll be dedicated to the Clty~ or the Clty Council shall have i~(tloted condemn at~^n proceedings therefor (the costs of which shall b~ borne by the develaper) p rior ta the commencement of grading operatlans. The requtred dralnaqe facilitlos shall be of e size end type suff(cicnt to cerry runoff weccrs originating from hiq t~~r propcrtles through sald property to ultimate dtspo sal as epproved by the Clty Enginecr. Said drainage facilltles shell be the fir st (tem of construction and shel! be completed and be functiona) throughout the t ract and from the downstree m boundary of the properCy to the ultlmate point of dis po sal prior to the issuance o f any final bufldfng inspectl~ns or ~ccupancy pcrmits. Drainage ci{str(ct reimburscment agreaments may be made eva(lable to the develope ~ s of sa(d property upon thei r request. 7. That gr•eding, exc a vation, and all other const ~uctian activiti@s ahall be conducted (n a manner so a s co minlmizc the possibility of any silt ~riginating frcxn this proJect being carrie~i into the Santa Ana RivGr by storm water originatinci from or flowing through thi 5 project, 8. That all private streets shall be developed i~ accordance with the Clty of Anahe(m's stendards for private strcets in thc Mohler Drivc area. 9• That if permanent street name signs~ have not becn instatled, temporary street name signs shall be installod prlor to any occu panc~. IU. That appropriate water assessm~nt fees as det~rmined by the Office of Utilitie~ General Manager s hall bc pald t~ the City o` Anaheirt~ pr;or to the issuance of a building permit. 11. That all requirements of F'ire Zone 4~ otherwise identified as Fire Admtnistrative Order No. 76-01, will be met. Such requ(rements include, but are not limited to, chimney spa rk arrestors, protected attic and under floor openings, Class C or better roofing m.~terial and one hour fi~c resiscive construction of horizontal surtaces if withi,, 200 feet of bdjacent brusF~land. 12. That fire hydran ts shall be i~stalled and cha rged as required and d~termined to be necessary by the Chief of the Fire Department pri or to commencement of structura) frami~g. 13. That native slope s adJacent to newly construc ted homes shall be hydroseeded wtth a low fuel combustible seed mix, Such slopes shal 1 be sprink)ered and weeded as requtred to esteblish )00 feet separation of flammab ~e veyetation from any structure, 14. That the owner(s? of subJect property shali d~dicate and imprave a 10-foot wid~ equestrien and,hiking t rall as shown on the Equestr ian and Hikinq Trails Component and that improvement plans, in accordance wtth standard plans and apecificattons on file in the Office of the City Engineer~ shail be submi lted in conJunction with the grading plan; and/or that a bond in an amc~unt ~nd form satisfactory to the City of Anaheim shall bc posted wit h the City to guarantee the installation of the above- mentioned requi~ements pria ~ to occupancy. 6/2/82 6/Z/82, ~' ; MINUTES~ ANAHEIM CITY PLANNING COMMISSION~ June 2, 1982 824325 ~5~ Thst the owners of the subJect proparty shail execute and record s covonant obitgating the homaownera or t.he homaownars assoct~tton to (1) melntain snd r.pair the hiking and equestrtan treil~ (2) Indemnify and hold the Clty hsrmless for dsmegas resulting the~efrom~ and (3) maintain ~tabtifty insurance fcr sstd treil neminq the City as an additional insured. The form af said covenant shall be spproved by the C-ty Attorney's Office snd shatl be recorded concurrently wtth the final trect map. The develope~ of the subJect tract shall improve and maintetn the ha~elnabove describad hiktng and equestrlan trall~ Inciuding providing the above specifted Insur~nce, until such time as the homeawners ar hon~awners associatlo~ becomes legally obligated theref~r as hereinabove p~ovided. The developer shail post a bond in an amount and form setlsfactory to the City of Anehetm to guare~tee per- formance of developer's obiigations hereunder. Evidence of the required insurance end bond shall be submitted to, and approved by, ~he City Attorney's Offtca prior to approval of tl~o final map. 16. That all public utllities sha11 be installed in a pubiic or private roadway adequete to provide vehicular acc~ss for matntenance as approved by the City Engineer. 17. That the avner of gubJect property shall pay to the City oF Anahelm the appropriate park and recreatton tn-lieu fees as aetermined to be app~opriate by the City Council, sald fees to be paid at the ttme the building permit is Issued. 18. That the owner(s) of subJect pruperty shali pay the traffic stgnal assessment fee (O~d(nance No. 3896) in an artwunt as determined by the City Council, for each new dwelling unit prior to the issuence of a buildinc~ permit. 19. That in the event that subJect property Is to be divided for the purpose of sale~ lease, or financin~, a parcel map, to record the approved divislon of subject propert~ shall be submitted to and approved by the City of Anaheim and then be recorded in the office of the Orange County Reco~der. 20. That the own~r(s) of subJect property shali submit appropriate easement agreements for access and utilities purposes between subJect property and Quintana Orive. Said agreeme~•~s for access shali be submitted to and approved by both the City Attorney's Office a~d City Engtneer and then shall be recorded in the Offtce of the Orange County Recorder. Cortmissioner Herbst offered a motion, seconded by Commissioner 9ouas and Motion Carried (Chairman Bushore absent) that the Anaheim City Planning Comm(ss{on doas hereby grant the request for appr~val of removal of 43 specimen trees in Tentative Tract No. 11600 (Revision No. 1) on the basis that a reasanabie and practical development of the property on which the trees are lo~ated requlres removal of the trees whose removal ig sought and further ;hat any specimen tree removed shell be replaced with the planting on the same ~arcal of an equal number of trees from a spectfied list. ~ Jack White presented the written right to appeai the Planning CommtSSion's deciston pertaintng to the tract within 10 days and to the renqval of specimen trees within 22 days t~ the City Council. RECESS: 3:35 p.m. RECONVENEs 3:50 p.m. 6/2/82 `i :; MINUTES ANAHEIM CITv PLANNING COMMISSION~ lune 2, t982 $Z.g26 ITEM N0. 1Qt EIR NEGIITIV~ DECLJ-MTION, RaCLASBIFIC11~10N NO. 81•82-21, NJ-IVER pF COp~ R~QUIREMIENT AND CONDITIONJIL USl! _ PF.AI~IIT NO. 2341 t PUBLIC NL111tING. O~NW6Rs CITY O!' J1NJ-HEIM, Z00 8outh 1lneheiw Boulevard, An~heim, C11 9280J. 11CiBNT: ANIIHSIM MEMORII-L HCI8PIT11I., 1111 West La Pelme 1-venue, Mehaim, CA 92803. prop~tty de~cribad as an irraqularly-ehup~d parcel of lend coneisting o! epproxime~ely 5~55 sczea, having e~'rontage of approx.ia~a~ely 340 teot on th~ eest slda of T.oara 8tre~~at, epproxima[ely 585 feet north of the centerline of North Street (730-810 North Loere 8treet). R~CL11S8IFICATION RLQUL~8Te RS-10,000 ~o RM-1200 CONq2TI0N~ U8E REQUEST: 7'O PF•RMIT 1- 100-UNIT SENIOR CITIZF.NB HOUBZNG COM~LSX WZTN WA:VER$ OF M1IXIMUM STR(~CTURAI. HEIGH'I', MINIMUM FLOrJR ARl:A PER DWI:LLING UN2T AND MINIMUM NUMIBBR 11ND TYPE OF PARICING SPACEB. There was no one indicatinq their preaence in oppo0ition to subject requeet, and although Che ataff report wea not read, it ie ref.erred to and a-ade a part of the minutPe. Chnirmen Pro Tempore Fry declared a cnntlict of intereet as detined by )-naheim C ity Plenning Commiasion Reaolutian No. PC76-157 edoptinq n Gonflict of Interest Code for the Plar-ninq ~ommiss.ion and Government Code Section 3625, et seq., in that he ie on the governing Board ot Aneheim Metaorial Fiospital and pursuant to the pravisions of the above Codee, declared that he was withdrawing fraa the heering in connection with Reclanailication No. 91-81-21 a nd Conditional Uee Pertnit No. 2341, end wou:d not take pert in either the discusBion or the votinq thereon and hed not discuesed thia matter with any mber of the Planning Cosnnission. THERELIPON, Cheirman Pro Tempore Fry left the Council Chambesr. C~anmiesioner Bouee derlared n conflict of interest as defined bq Aneheim City Planning Comiaeion Res~lution No. I'C76-157 edoptinq a Conflict of interest Code for the Planninq Comrnission end Government Code Section 3625, et seq., in thet she hae been involved with the hospital in various activities and could heve a biased opinion, and puzsua~nt to the provisiona ~f the above Codea, declared sho was withdrawinq from the hearinq in connectfon with Reclessification No. 81-82-21 and Conditionnl Use Permit No. 2341, and would not take part in either the discueaion or the votinq thereon and had not discusaed this matker with any a-ember of the Planninq Coaaai~sion. THEREUPON, Commissionex Boune left the Council Chamber. COMM+.SIONER HERB3T ASSUFtED THE CHAIR A3 TEI~ORARY CHAIRMAN. Paul O'Neil, Chief Executlve Officer, Anaheim Meawrial HoBgitnl, referred to the steff report, inflicating there ~re two correctiona, and explai•.~.~d the Housing and UrDen Deve~opa~ent Departa-ent only allows 540 aquere f~r.: per unit maximum for e one-bedroaa unit sa all unite in thi~s project will Le 540 square teet and not 552 and 600 square feet ae ah~wns and thet tP~ey are prapoaing 100 parking space,, 50 tn be covered, end 50 to be open. TNR PUBLIC NBARING W118 CLOSED. Temporery Chairman Herbst aeked if statf has any problem with the 50 open parking spacea. Dean 8herez~ 1lsaistant Planner, atated the latest proposal shows 50 open epsces and 50 covere8 epaces. 6/2/82 ~ i MINUTES, ANAHEIM CIT~~ PLANNING COMMISSION, June 2, t982 ~ _.~ 82-327 1-CTIONt Coauniasionex K~ny a!lared ~ aKition, •~conded by Commi~~ian~r Mc 8urnay anQ~MOTION C11RRZaD (Chaira-sn Bu~horo, 1loa~• And Fry abeent) that Che Aneheim City Planninq Commi~~lon he• rovi.vnQ t~hs propcasal to r~cYa~oily eubject prc~a~rty lrom tha pB-10,000 (Re~identi~l, 8inqle-!'amily) Zone ro th~ RM-1200 (ResidanCidl, Multiple-~'etaily) ?.one to permit e 100-unit •eni.or citit•no houslnq eomplax with waivars o! mexianan ~tructural haigfit, minimum floor aree per dwellinq unit and minimum nwnber and type oP ~r.kinq sp~c~• on an irreqularly-~}~ap.d parc~l o! lsnd consisting o! epproxia-ately 5.55 aarsa, havinq a lront~qe o! eppraximataly 340 leet on the eaet eide o! t,oare 8treet, approxitns~ely S65 laet north of the centerline of North StrRet (730-810 North Loera 8treet)i and does h~reby approve the Nsgative Decleretion lran th~ requirement to prepare nn environmentel impact report on the basis that there would be no eiqniticant individuel or cumulative edveree environmentel impact d~ae to the approval o! thia Neqativa Declarntion eince the 1-ne+heim Gonerdl Plen de~iqnatee tl~e subject property !o~ low-denaity tmsidentidl lend uees cotn~nenaurate with the propoealt that no eenaitive environmentsl impactt are involved in the proposalt thet the Initiel Study eubmitted by the petitioner indicates no eiqnificent individuel or cumulative edverse environa-ental impactat and thet the Neqative Osclaration eubetantisting the foregoing findinge ie on file i.n the Clty of Anehein~ Planning Depattment. Commi.aeioner Kinq otfered Reaolution No. PC82-110 and moved for ite paesage end adoption thrt tha Anaheim C1ty Plenninq Caaunisaian does hereby qrant: Reclassitication No. e1-82-21, aubject to Interdepartmental Coaimittee Recommendetlona. On roll call, the loreqoing resolution was pdBARd by the ~ullowing vote: AYEB: COl~lI3SIONER6: BARNES, HER88T, KING, MC BURNEY NOSSs C01'~lZ83IONERS: NONE ABSBNTs COMMI88IONERS: BOU11S, BU3HORE, FRY Commissioner Kinq o~fered a motion, ~econded by Commiesioner Mc Burney and Motion Cenrried (Commieaionnrs Bouas, Bushore and Fry abaent) that Lhe Anaheim City Planning Commi~si~n doea hereL~y qrent walver of code requlrement on tha basis ot the unusunl s`~ape of subject property and that denial would deQrive eubject property of ~~ privilege enjoyed by other properties in the aame zone end vicinity. Coa~mieaioner Herbst ndded that moet senior citizen projects devel~ped undez HUD standnrde with minimum unit sizes of 540 square leet have worked out quite succese~fully, a~nd the size has been quite adequate, and alEO e lot of the residente of aenior ci~tizen projecta do not have vehiclea. Commiseioner Ki.ng of~ered Resolution No. PC82-111 and moved for its passa~qe and edoption that the 1-naheim City Planning Cc~enaiaeion doee hereby grant Conditional Use Permit No. 2342, subject to Interdepartnt~!ntal Coam-ittee Recommendations. On roll call, the foregoing reeolution was paaeed by the following vote: AYES : COi~!l~L53SIONERB s BARNES r HEIi88T. KINC ~ MC BURNEY NO$S: COMMlx88I0N8R8s NONS A88ENT: COMMI8820l~1ER8: BOU1-$. SUSHORB, FRY CHIIIRMAN PRO TEMPORS PRY ]1pp COM!!IS$IONER BOU11S RL'1'U1tNED TO TH$ COUNCIL CH71aI8ER. 6/2/$2 ': ~ MINUTES, ANAHEIM CITY P~ANNING COMMISSIQN, June 2~ 1982 82-3Z$ ITlCMI NO. 11 BIR N~fiATIVE D1~CL71MTION, N7IIVER O~' CODI! RmQUIREMENT J1ND CQNpITI0NJIL U$E PCRMIT NO. 2337t PUBLIC HEJIRINGs ONNER: KxNFiE7'Fi D. B~RG, 12951 Palm 8tr~et, 8uita 208, adrden Cirove, CA 9Z640. J1pZNT~ p. J. PJICUI,DO, D.V.M., 661 S. Coversd Weqon Treil, Anaheia~, C1- 92801. Property dercribed as an irregularly-~h~ped parcel of land conai~ting of appraximately 5,561 equnre teet locatsd et rhe southwe~t corner of Sav~y Avenue end Stete College Bouleverd i7Q5 8outh State Collaqe 8oulevard). CONDITIONAJ. U8E R1CQU$STt TQ PSRMIT A VET4ttINARY CT.INIC IN THE CO ICOMMERCIPIL, OFP'ICB) ZONE WSTH WAIVER OF MINIMUM NUMHER 0~ P1IRKING SPACES. Thare wds one person indiceting her preaence in oppoaitlon to aubject r~queat, end elthouqh the Atai't rep~rt to the Planning Commiseio~ ddked June 2, 198? wns not reec~ nt the public hearing, it is rePeri•ed to bnd mede a pert of the minutes. br. D. J. Pa~culda, egont, oxpldined this will be A small enimnl hoapitalt that in operating a veterinery cllnic, the vet~ ;narien or owner muat be constantly aware of common concerne which cen hnve a neyative in~peet or- the use o! adjoininq propertiee end upc~n the pnece, henlth, safety and qenerel walfare of the people in the erea and in ttie City of Anaheim. He liBted thase concerne as noise, smell, t.,xic end obnoxious chemicals which could escape ancl ca+~ee pollut~on or contamination of the air, water or soil and co~nmunicable disedses, anc9 tretfic conqeetion nnd parking. Ho~ ~cated the proposed clinic is a fre~-atanding buildinq located on e corner lot with hiqh walls on two eidea and with quite a dietance to the nenrest house ~nd an alley to the ree~r. Ne etated the tiauses on the other aide of the al'ley do have a 8-foot high wall and do not have acceea from the alley. He stated the structure itael! ie an olc~ t~ouse which wae recently remodeled, restucc~ed on the outeide and replastezed and p+~neled in several areat and that noise cominq from the inside would be very low, pointing out that from ineide the buildinq, the loud tratfic noise trc~c~ autaide can hnrdly be heard. He explained this cliriic will be for out-patienta and shall be etnffed with one veterinarien dnd one technicien a;-d all pete treated shall be out-patients except in aituations where the veterinaria-n needs to obser.ve an an~mal efter a aurgery to make aure na aecondary complicntian develops, or in the eveninga when emerqenciee are brouqht in and the owner cannot pick tip the pet until morning. Dr. Paculdo stated Coxic or obnoxious odore and coaanunicAble dieeases are concerns every practicing veterinnrian aeuot know and br.i~fly reviewed rules and regulations of tAe Oranqe County Veterinary Medical AssociAtion, the State Baard ot Examiners and the AmericAn Veterinary Medical Association, pointinq out ell licen~ed veterinarians are inspacted constantly. Dr. Paculda atated traffic qenerdted cnn be minimized by the etandard practice o! aeeinq petfent~ by appointment only, excegt for emergencies, and they do not anticipate more than 3 or 4 cere ,per hour and a~fice hours will be limited to 9 a.m. to 6 p.m. with the last appointment heing betore 4 p.m. Dr. Paculd~ relerred to the adjacent property which is owned by the ,same owreer, which they are p~anninq to puxchase where additional parkiag can be provided, i! required~ and indicated an agreement could be executed to that elfect. 6/2/82 ~ ~~~ ~ MINUTES~ ANAHEIM CITY PLANNING COMMISSION~ June 2, 1982 aZ-3~9 Dixie L~ne, 19Z6 9. 8avey, steted h~r hou~e .f~ riqht beh~nd the propoasd clinic end i! they urs both hou~e~ !ox p~rkf.nq, sha would not ba able to qet into her b~ckyerd lrom the all.ey. She pointed out thara ia no enclo~ed qazaqe, juat an open etrchway. Chairman Pro Tempora lrry explein~d the parking i• an-~ite •nd nat on the allay and deacribed where thoae speces ard propoaed. Mli. Lene in~iceted concarn about he~r property valuee, sskinq who ~rauld want to live be.ide a vetarinsry clinic e~d eaked whet would be dane it parking becomes a problam. She stated the petitioner had indicated there wa~ quite a dist~nce to the nesrest houae, but there isn't very much diatence. Sha ~tated there are no welle between the two hauees and a lot of childron M~lk throuqh there to school. She ~tated she wea also cancern~d about th~ sefety o! the children with addit.ional trnftic in tha ersa. Dr. raculdo ~tatod this will ~e e precCice for ~a~ll out-patient enitnele end the prectica will be limited and requleted by eppointcaent only and if there le n conqeation problem, they would regulate it by not eccepting any edditionel appointmente end also it will be regulated b,y having only one veterinarinn end one technicien. THE PUDLIC HEARING WAS5 CLOSED. Cc+aanissioner Kinq ~tatell it the building next door t~outh ia leaeed, there could be a parking problem. Dr. Paculdo replied they are in tha process of purchesinq thet property end hope to be ebla to lease it ae an otfice and they would be selective in who they lease it to end the leosee would be AMdlA that the clinic is next doar. CotQaiseioner Kinq atated there ia room for three ccre alnng Savoy. Dr. Paculclo etated there ie n l~t of unusmble spaaes becauae of the irregular shape of the corner lot and the locatian of the building so they ce~not afAxia-1se the utilization o! the a~paces. Ccmamisaioner Herbet atated if the property next door is used !or conaaercial office, eiqht spaces could be zequired, dependinq on the uae. 6i2i8z ~-" .MINUTES, ANAHEIM CITY Pt„ANNING COMMIISSION, June 2~ 1982 82-330 Or. Paculdo stetad tha property next door is smeller and the parcel is rectangularly- shaped and has no existtng garage and there could be st least eight (8) ~eguleClon parking speces end in the event all those spaces are required by the lessee. the clinic wlil have to ltmlt itself to its ~wn c~pat>tiities. He explsined they are currently in escrow to pu~chese the property next door. Commtssioner Bouas clarified that there will be no dog runs outslde and Or, Paculdo replied +'~at Is correct and stated he will stipulate to provide sound attenuatlon. Na further axplained the animals would only be kept In o~e room for further observa- tton which is located in the center of the buildinc~ and the adJacent roems would provide a very effective sound buffer. ACTION: Comnissioner Barnes offered a motlon~ seconded by C~nlssioner King and Mot o~Ca~rted (Chairman 9ushore~ abs~nt) that the Anaheim City Planning Commission has r~viewed the proposal to permit A vetertnary cltnic in the CO (Commerciel. Offlce) Zone with walver of minimum number of parktng spaces on an Irrcgularly-shaped parcel of land cons(sting of approxlmately 5,561 square feet loCated at the southwest corner of Savoy Avenue and StaCe College Bouleverd~ (7~5 South State College Bouleverd); and does hereby apprave the Negative Declaration from the requiroment to prepare an envlronmentol impact report cx~ the basis that there would be no significant indiv(dual or cumulative adverse environmental impact due to the approval of this Negative 04claration slnce the Anahcim Genera) Plan designates the subJect property for conm~erclai professional land usas Gomn~nsurate with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Init(al Study submitted by the petitloner indicatcs no signlftcant individual or cumulative adverse environ- mental Impacts; and that the Negative Declaratlon substa~tiattng the for~g4ing findings is on file inthe City of A~aheim Planning Dppartment. Corm~issloner 9arnes stated she would like a two-year limlt on the condltlonal use permit. Corm~issioner Herbst stated he would not support that becausc the owner would be making an investment and the Commission daes have the control of review and revocation if the permltted use creates a problem. Jack White, Assistant City Attorney, explained one of the grounds for revocation o~ modification is that if the use is being exercised in a manner detrimental to the p~ace~ health. safety or general welfare of the citizens~ the Conmission would certainly have the authority to either revoke th~ permit or impnse co~dittons to cure the problem. Cemmissioner Barnes offered a motion~ seconded by Commissioner Bouas and Motion Carriad (Chairman Bushore absent) thnt ehe Anahetm City Planntng Commisston does hereby grant waiver of code requirement on the basis that the use witl be limited t~ one veterinarian a~d one technician and the animals will be seen by appotntment only~ except for emergencies. Cortmissioner Barnes offered Resolution No. PC82-112 and moved for its passage and adoptlon that tht Anaheim City Planning Commission does hereby grant Conditional Use Permit No. 2331. subjett to the petitioner's stipulation that the use wiil be limited to one veterinarian and one techntcian~ with small animals to be trested es out- patients only~ sub)ect to Interdepartmental Commlttee Retommondations. 6/2/82 ~ MINUTES~ ANAHEIM CITY PLANNING CQMr11SSI0N June 2~ t982 82-331 On roli csll, the foreqoing re~olutlon w~s pas9ed by the follaving vote: AYES: COMMISSIONEaS: BAiINES~ BOUAS~ FRY~ HERBST~ KING~ MC BURNEY NOES: CQMMISSIONERS: NONE ABSENT: COMMISSIONERS: BUSHORE Jack Whtte Presented the wrttten right to eppeal the Planning Commisslon's dec(sion within 22 days to the City Council. ~TEM N0. 12: EIR NEGATIVE DECLARATION AND CONDfTIONAL USE PERMIT N0. 2338• PUBLIC HEARING. QWNER: ARTHUa HERBERT AND BETTY ANN SHIPKEY, 1428 West Bay~ Newport Beacf~, CA 92646. AGENT: KEN HAMILTON, 424 North East Street, Anaheim~ CA 92805~ and VALERIE MERRIMAN, P. 0. Box 546, Callmesa~ CA 92320. Property described as a rectangula~rly-shaped parcel of land consisting of approxtmately 0.3 acre~ located at th~ southeest corner of Sycamore Streec end East Str~et, 424 North East Street (Ken Hamilton's A1(gnment and 8rake Service). CONDITIONAL USE RE gUEST: TO EXPAND AN EXISTING AUTOMQBII.E REPAIR FACILITY. There was no one indt~eting their presence in oppositlc~n to subject request~ and although the steff report to the Plenning Commisslon dated June 2, i982, was not read at the publtc hearing~ it is referred to and rn~+de A part of the minutes. Ken Hamilton~ agent~ was prescnt to answer any questions. THE PUBLIC NfARiNG WAS CLOSEO. Commissioner McBurney clarified ihat all work and storage witl be conducted inside the structure, ACTION: Commissioner Ktng offered a motion~ seconded by Commissioner McBurney and Mot(on Carried (Chairman Bushore absent) that the Anafieim City Flanning Commission has reviewed the proposal to expand an exlsting automobile ~epai~ facility on a rectangularly-shapad parcel of land conslsting of Approxim~ately 0.3 acre, iocated at the southeast corner of Sycamore Street and East Street~ 42b North East Street; and does hereby approve the Negative Declarat~on from the raquirement to prepare an environmental impact report on the basts that there wauld be no significant individual or cumulative adverse env(ronmental impact due to the app~oval of this Negative Declaration since the Anah~im General Plan designates the subJect property for general comnercial land uses commensurate with the proposal; that no sensittve environmental impacts are tnvolved tn the proposal; that the Initial Study submitted by the petitioner lndicates no significant individual or cumulative adverse environ- mental impacts; and that the Negetive Declaration substantiati~g the faregoing findings is on file in the C(ty of Anahsim Planntng Departmen:. Commissioner King offered Resolution No. PC82-113 and moved for its passege and adoptlo~ that the Aneheim City Plannfnq Commisston does hereby grant Conditionai Use Pe~mit No. 2338, subJect to the petikt~one~'s stipulatlon that all work and storage will be conducted inside the faciltty, and subJect to Interdepartmental Committee Recommendatlons. On roll cali~ the foregotng resnlutiqn was passed by the following vote: AYES; COMMISSIONERS: BARN~S~ BOUAS~ FiIY~ H~RBST~ KING~ MC BURNEY NOES: COMMISSIONERS: NONE f18SNET: COMFIISSi0NER5: BUSHORE 6/2/8Z ~ ~:~ MINUTES, ANAHEIM CITY PLANNIN6 COMMISSION~ June 2, 1982 82-332 TIVE OECLARATION. WAIVER OF CODE REQUIR_EM_ENT. AND COND PUBLIC f X.RING. OWNER: A. G. AND 60RIS K. RICHTER, 30001 Crown Valley Parkway, l.agu~ia Niguel~ Ca. 92667. AGENT: C. C. Humphray, 30001Crown Velley Parkway~ Lac~una Niguel, Ca. 92667. Property described as en lrregulerly-shaped parcel of land cansisling of approximately 8.7 acres located north and east of the northeast corne~• of la Patma Avenue and State College Boulevard~ 1086 North State College Boulevard~ Unit B. CONDITIONAL USE REQUEST: Tn permit on-Sale beer and wlne in a proposed restaurant with wa(ver of mi~imum number of parking spacas. There wes no one indicating their p~e5ence in opnosition to subject request, an~ although the staff report was not read~ it is r~ferred to and n~ade e part of the minutes. John Montierth, 4313 E. 7th, Lang Beach~ agent representing the owner~ agent and proposed tenant~ explained this faciliky was formerly ti~e Market 6asket and the space was split and the restaurant wil) occupy 875~ square feet. Concerning the parking waiver, he explained permitsfor other USCS have been previously granted on this property and thc pro~erty has 512 parking spaces, with 542 required; the formula for the existing retail space bcsing 1 fdr 20U square feet and the require- ment for a restaurant is 1 for 125 squere feet. THE PUBLIC HEARING WAS CLOSED Mr. Montierth exptained the tota{ number of employees is 30, that operational hours are fran 11:00 a.m. to 11:00 p.m. so that maximum employces on-site at one time would probably be 20. Respandtng to Cc,mmissione~ Bouas~ Mr. Montie~th explained this will be a family orientcd re~taurant with an entertainment area for games to entertain children, and supervisio~ will be pr~vicled. ACT10N: Commissioner King offered a mntion, seconded by Commissiontr Herbst and MOTION CARRIED, (Ch~irman Bushore absent) that the Anaheim City Planning Cormission has reviewed the proposal to permit on-sale baer and wine in a proposed restaurant with waiver of minimum number of parking spaces on an irregularly-shaped parcei of land consisting of approximately 8.7 acres~ located north and east of the northeast corner of La Paima Avenue and State College Boulevard (1086 North State College Boulevard~ Unit B); and does hereby epprave the Negative Declaration from the r~quireme~t to prepare an environmental impact report on .`~e t>asis that th~re a~~uld be no significant indiv~idual or cumulative adversc environmental impact due t~ the appraval of this Hegalive Oeclaretion since the ~naheim Gene~ai Pian designates the subJect prop~rty for general commercial land uses conmensurate with the prqposai; that no sensitive envlron~nental impacts are involved in che proposal; that the Inltlal Study submitted by the petitioner indicates no significant individual or cwnulattve adverse environme~tal impacts; and that the Negative Decla~ration substantiating the foregoing find(ngs is on file in the City of Anaheim Planning Department. Commiqsioner King affered a r~tion~ seconded by Commissianer Herbst and MOTION CARRtED. (Chairman 8ushorc absent) that the Anahaim City Planning Cortmissian does hereby ~rant ~equest for waivar af code requirement on the basis that customers' need for psrking will vary due to the variety of busine~s and peak demand will seldom occur. 6/2/82 _ __ ._.._..__ __._ .~__.,.~„~,,,~.~,-. ~~ ~A ~ ~~.~ MINUTES~ ANAHEIM CITY PLANNING COMMISSION~ June 2~ 1982 82-333 Commissio~ar King offered Resolution No. PC82-114 and moved for Its pasaage and adoptlo~ that the An~heim City Planning Commission does hereby yrant Conditional Use Permlt No. 2339~ subJect to Interdepartmental Committee Recommendations, On roll call, the foregoing resolution was passed by the foliowing votec AYES: COMMISSIONERS: BARNES~ BOUAS, FRY~ HERBSI', KING~ MC BURNEY NOES: COMMISSIONERS: NONE ABSENT; COMMISSIQNERS: BUSHORE ITEM N0. 14: EIR CATEGORICAL EXEMPTION•CLASS AND VARIANCE N0. 2 8 PUBLIC HEARING. OWNER: JO ANN PETERS~ 808 North Helena Street, Anehetm~ Ca. 92805, Property described as a rectangularly-shaped parce) of land consisting of approxi- mately 5458 squarc feet, located a~proximately 145 feet north of the centerline af Narth Street and further described as 80$ North Helena Street. VARIANCE REQUEST: Waiver of minimum side yerd setback to construct a room additio~. There was no one indtcatiny their presence in opposiiion to subject request, end although the staff report was not read~ it is referred to and made a part of the minutcs. Steve Echert explained the existin~ garage is now two feet from the property line and the existing house is 3} feet from the property line and the proposal is to extend the house ta the garage to add an extra room and bathroom. THE PUBLIC HEARING WAS CLOSED. It was noted the Plan~ing Director or his authnrired represQntatlve has determined that the praposad project falls withiR the definition of Categorical Exemptions, Class 5~ es defined in the State Enviro~mental Impact Repo~i Guidelines and is~ therefore, categorically axempt from the requirement to prepar~ an EIR. ACTION: Commissioner Herbst nffered Resolution No. PC82-115 and moved for its passoge and adoptian that the Anaheim City Plan~ing Conxntsston does hereby grant Variance No. 3278~ on the basis that the existing detached garage and dwellin~ will be connected and denial would de~rive subJect property of a privilege enJoyed by oth~r properties in the sart~ zone ,nd vicinity, subject to lnterdepartmental Committee Recommendations. On roll cali~ the foregoing resolution was passed by the following vote: AYES: COMMISSIONERS: BARNES~ BO~AS~ FRY~ HERBSI'~ KING, MC BURNEY NOES: COMMISSIONERS: NONE ABSENT: CONMISSiONERS: BUSHORE ITEM N0. 15: EIR NEGATIVE DECLARATION AND CONOiTIONAL USE PERM17 N0. 2340 PUBLIC HEARiNG. OWNER: LA PALMA PARTNERS, ~Y3 Upper Newport Plaza Drive, Newport Beach, Ca. 92660. AGENT: Yong H. Park, 816 South Caile Venado Street~ Anaheim, Ca. 9280~. Property desc~ibed as a rectangularly-sheped parcel of land consisting of approximat~ly 0.61 acre, lacated app~oximately 217 feet east of the centerltne of Tustin Avenue, and further described as 3821 East La Pelma Ave~ue. 6/2/82 ~' 1 . t ~ MINUTES~ ANAHEIW CITY pLANNING COMMISSION~ June 2~ 1982 82-334 CONDITIONAL USE REQUEST: To pe+•mit a golf clinic with reteil sales in the ML 2one. There wes no one indicating their presencc in opposition to subJect request~ and although lh~ staff report wss not read~ it ls referred to and made e part of the minutes. Yong Perk~ ayent~ expleined the request is to permit a golf shop for wholesale end retail sAles and storage and speclal demonstrations of new golf equlpment. 7HE PUBLIC HEAR~NG WAS Cl05ED. Responding to Commissioner Herbst's question ~eqardi~g golf lessons, Mr. Park explained they wi11 dertwnstrate use of equipment to a new purchaser; ar~' that there will be a practice area for demonstrations only. C~mmissioner lierbst stat~d he felt thls request saunds like they will be yiving golf lessons wtth retail sales to the generel public. Mr. Perk staced the clinic will t,e demonstrating to purchasPrs of new equipment by appointment only. Comm!ssioner Herbst stated this particular applicati~n concerns him because certain areas (n the indust~ial zone have been designated as islands for semi-related commercial uses and this would be a further encroac Mnent into the prime industrial area and utilizing an industrial building. He stated he has no objection to wholesate, but does ob,ject to retall sales to the general publlc and also to the clinic. Mr. Park stated they will be impc~rting the golf equi~xnent and only 7$ of the space will be devoted to r~tail sales and the balance will be devot~•d to wholesale and storage. He responded to Commissioner Herbst that they will advertise in the Yellow Pages~ and 80~ of the business will be wholesele and 20$ retail. Cammissioner Herbgt stated he has been on the Commission 15 years and peaple have made this kind of request in the past, but the use ends up t~eing a retail business. He stated wholesale sales are to one business for resale to anc~tt~er customer and he coliects the sales tax and this has been abused and that he feels the presen- tation here indicaCes this will be a retaii business in an industrial area. Mr. Perk statsd he needs to be in the industrial area because t~e needs storage space. Commissioner Herbst sfated he felt this use should be in a cortmercial arca and feit approval of this would be a privilege denicd to others. He noted there are areas set aside for this typ~ of use. l, ~.l.~ % Commissioner King and CcHnmissioner Barnes agreed with Commissioner ~tr~. Commissioner Barnes stated th~ Commission has tried to keep retail sales out of this area. She stated Che Comrt~issian has been taken adv~ntage of with petitioners indicating there would be a limited percentage of retail sales~ adding she was not saying that is the case f~er~. She esked if this petitioner has another shop similar to this. Mr. Park stated this is his first venture in this field since he cameto the United States. 6/2/82 ~ MINUTES. ANAIiEIM CITY PLANNING COMMISSION, June 2, 1g82 82-335 Commissloner Bouas asked if a new purch+~ser could como back for more than one denwnstration. Mr. Pdrk repl(ed they could rRturn as often as necessary. explaintng they have video presentations. ACT~ION_: Commissioner Harbst offered a motior,, Seconded by Commissianer King and MOTION CkRRIED, (Chairman 6ushore absent) that tho Anaheim City Planning Commission has reviawed the proposal to permit a golf clinic with retail sales in the ML (Industrial, Limited) zone on a rectangularly-shaped parGel of land consisting of epproximately U.61 acre~ heving a frontage of approxlmately 124 feet on the north side of La Pelma Avenue~ approxirt-ately 217 feet east of the centerline of Tust(n Avenue (3821 Cast La Palma Avenue); and doos hereby approve the Negative Declaratlon from the requirement to prepare an environmantal impect report on the basis thet there wauld be no significant individual or cumulatlve adverse environmental impact due to the approval oF thls I~egative Declaration since the Anaheim General Plan designatos the subjecr. property for general industrial land uses commensurato with the proposai; that no sensitive environmental impacts are involved in the proposal; tf~at the Initial SLudy submitted by the petit(nner~ indicates no significant individual or cumulative adv~erse environmental impacts; and that the Negative Declaration substantEeting the forcgoing findings (n on file in Che City of Anahetm Planning Oepartme~t. Commissioner Herbst offared Resalution No. PC82-Ilb and move~d for its passage and adoption that the Anaheim City Planning Commissi~n does hereby deny Conditional Use Permit Na, 2340 on the ba~is that it would be an inCrusion into Anaheim's prime industrial land. On roll call, tlic foregoing resolution was passed by the followiny vote: AYES: COMMISSIONERS: BARWES~ BaUAS, FRY~ HERBST, KING~ MCBURNEY NOES: COMMISSIONERS: NONE ABSEN7: COMMIS510NERS: BUSHORE Jack White, Assistant City Attorney~ presented the written right to appeal the Planning Commission's declsian within 2?. days to the City Council. ,:,~ 6/2~8z * ~ '~_•r~: ~j .f MINt1TS8- ANAN~IM CITY PLJ'J~1ING COY~II88'tON, Juna 2, 198~ 82-336 ZTSM NO. 16. ItIR NiDaATIVE 06CLJ1MTION, W11IV1tR 0!' CODZ RSQUIRld~CNT 1WD CUNDZTI~17-L IlBS P8RMIT NA. ~4a2. „„~ , t~~'. PUBI.tC H~1-RING. OWNER: Pl1TRJCIII H. CH11PAl2L, 809 Nozth 7lneheitn Boulevard, 1lnaheim, CA 9Z805 and DONALD A. .':~C08AON, 166a Weot Broadway, AnahAim, CA 92802. 1-GBNT: CLAUD~ D. BROCK, Z030 W. Lincoln Avenue, 8uite A, 11n•=heim, C1- 92801. ProperCy described ae rectsnqularly-ehaped peresl of lend aon~iscing o! eppraxitnet~ly .?.4 ~cro, heving e frc~ntege of approxi~aately 100 feet on tha eaot side of 1-naheia- Boul~evszd, 806 end 808 North Anaheim Boulevard (L.O.R.D.B. Ministrie~). CONDITIONIIL q8~ R15QUSST: TO RETAIN 11 CHURCH 11ND FOOU DZSTRIBUTInti CBNTER IN THE CG xONS WITH WAIV~RS OF YZNtMUM NUMHRR OF P~-WCING SP11CS8 11N0 Psii~lZTP1ED STOR1-C,E . There were two peraone indiceting theiz preeance in ~~pposition t:n subject reque~et And e~lthough the st4~! xeport to thR Pl,:nning Cortuniasion deted June 2, 1982, was not read At the public heerinq, it ie referr~d to end made e pert oi the minutes. Cleude Brock, aqant, ateLed tha uee of thie praperty ie a chuzch end food dietribution centert thet the ~perator dietributes food to M~xico nnd in thia ~rea and some of the sorting of the foad ovarlape into the eirea behind th~ back dnor. Concprr.ing pa:king, he explained kha paetor a~nd hia ataff pick up moet of the pe~ple who dttend khe se:vicea at this location end he hae tniked to other people in the area who have eve~lat~le perking and they ere willing :o tet him une their parking apeces on 3ur~.aya. Paetor ~wis Forkell, 7d7-1/2 Nozth Philecte~phia. An~nheim, etated if he had known ahat he needed ta do in order to carry on thie operation, he would heve aompliedt that he never i.ntendad ta hurt nnyone but xante to feed the hunqry, clothe the naked and provide h~uainq !or the homRleast that he will obey the laws, but doesn't know what thN laws are, especially ti-ose matters which aiust be complted with by the property oaner ~ince he l~sas~ee the pxo~erty. He etatrd he fias been doinq tt~is for 2-1/2 years end hee not had any aseiatance froc~ the government end ±het he aill continue doing what he has to do n~ matter wh~t happens. Ne stated he a~ny have overstepped bounda in certnin things and aiay have oflended people, but that wae not his intent nnd Boc~etimes people he is tryinq to help do not have the sama c~nsideration and violate some of the neiqhbora' ziqhts and acknowledgad the neiqht~ors da have riqhte. He atated he wants to have everything legal nnd abide by dll the laws as long as they do nat conflict with ~od's law. Wilbur Parne2l, 115 E. Nort.h Street, 1-ndheim, stnted the pastor does do a qoo3 job and he ia not apenkiny h~ a to try ta close the operation, but v+euld iiice e few thinqs revxeed. He stated he wc~uld be willinq to help the paator in eny way he can, but would like to a~e the property len~ed en9 indicdted he thouqhi they were contemplating doinq that any~ay riqht now and he thought it ahould be a privacy lonce. H~e steted the gastor daesn't qet donations an~ the landowners knew what he wae goinq to do and he thouqht they 6/2/82 .. ~ .~ ~ MZpVt'E8. 11l1111i~iM CIT1f PIJIMIZNQ COMMZBSIdN, Juno 2• 1982 82-337 w~r• tihe ons~ Mho •hauld put up th• l~nce b~a~ua~ th~y knoM abou~ th• traeh, boxee anA pall~ts. H~ atated the prop~rty loak~a re~l. nice this iaorninq, but a wsek aqo it look terribl~. Hi atatad they pick up praduce and bring it hare to •ort it end now they hav~ tlies and odors and th• hott~r the weather qat.s, tha ~ror~e tha sm~rll q~ts, and now thsy ar• qetting r•at~ in ths arfll. Hd eteted th~r~ ara p~ople goinq thera !or room snd board +~nd :iqht novr th~re are three nice younq iaen livinq there, but thoy hsve hsd alcoholic~, drug acldict~, ~tc. and i! khey do not do what they are euppo~ed to do, the gastor aakes then~ leava and thoy huve coms ka him ~nd thraetened to burn the plsce, etc., a~pecially tho~a aho qat anqryt that thare war~e two people sleepinq in piak-ups and cer• outeide nnly 30 f~st lroa hir beak door snd th~y come outsiAe ta saoke during the ni.ght and he doas not lika having to qet up duxinq the night and early moininq to ~ee if the paople ouCside belonq in the naiqfiborhood. Ha stated i! the pr~psrty in l~nr.ed and all the storaqe ie enclooed and ia kept below tno lence where it ~annot be eeen end the traeh cans are kept insida the Pence so th+~t *rie smE'.1 ie remedied end the boardera are •liminated, the opereti~n could continue a.~^cesstully with na probl~m to the neighbore. Virginia Palmeri, 118 Mills Drive, Annheim, ateced ehe hae lived Lhere !ur 30 ysers end their proper~; is nlweye clean and ehe doee nok like to li.va Mith rats, lliea, end bad odara in the neighborhood, and stated the people who frequent ~he neiqhborhood leave huc.an waecP in her taeckyard. She atated ahe is not sayinq it co~nee from the people cor. :cted with the miesion, but they did not tiave it several years uqo. Jerry Poe, 17032 Hillwood Drive, Yorbn Linda, etated he io a plumbinq contractor in Anaheim and has n ahop two doora north of this taiesion end is nware of the fact that the adjacent pr.operty ownera have riqht~ v+hich shovld be upheld and he thouqht it was juat a metter of lack at comaau»ication. He ett~ted he pereonally caannends the pastor for the w~rk hr~ is doing and he nna bean in tl~e establiehment and would like to aes more af thi~ type ot people. He stated he feels if the paetor and the pr:~perty ownere could get toqether and work out erranqemente reqa_ding cleaninq the place up, et~., it could be done and he knows people in tt.e area kho would be willing to help. He steted he haa c-ftered to do tha plumbing at no charge ta upgrade the plumbing. He added there are othex establishmenta in the area he arould like to see eradicated rather than somethinq like this. Morton Fink, Chairman of the Boazd of Modomec Industriee, 1983 S. Richey, Santa 1-na, etated he has had the opportunity to obeerve the paetar in action and hie ability to love another human betng is demonstrated over and over agein everyaay. He stnted the Cominigaion muat examine what the priorities are and not thwart hie etfort^ and hie feelinqs for people should be aupported. He stated he thouqht qiven the opportunity, the paetcr could correct the problems. b/2/82 ~ =~ .~ MINUTIGB, l1NAN~IM CITY PI.IINNINC COMMIABION, J~ino 2, 1982 82-338 Pastor Forkell •teted the neiqhbore reletad ta a problem with smclls end it ~hould be in thc S~nitetion Dep~rtment's rucord~ as to the number of calle And the agrea.nent tl~ay heve ~vc~rked out. Ns steted he he-s complied with that eqreement with the &snitetion U~pa~rtmenk lc+r the pe-~t saveral monthst thet the neiqhbors ~teted this situation did not axiat 6 years ego, but also 6 yeers ego the world ecomm~ic~ were not euCh that the govsrnment hea cut cost4 and reduced aidtthet the City is also naqligent in aome aress fur allowing thie to qo thie terr thet they applied fo• s building permit when this chepel was otertmd and it was qranted by the City and the ~lene were approved and City inspected the cnnetruction end approved it, and he thourht everythinq wes all right. He atsted it ie true these people do cane through the nrea end he cennot aey "no" t~ people, aspocielly L~ someone with a beby in the zsin with nc~ place to gc~, and he knawe he ia not auppoatd to have people in the buildinqt h~wever he hea aeked sevaral reel estate agente to lind him d houae wh~re he ca~~ld house these peopler however he would then be 1~ snoth~~r COnfllct with the City for hnving too n-~ny Aoople in ane housoi that he does not went t~ be in conflict with t~ie neighborei that he hee callad the City o! Meheiie Redevelo~n~ent llqency en9 eaked for use of one of the bi~ildinge that ie dortnant and they nave~r respondedr thet if he had e plecw to ator~e the proQz~ce that ~a in hie beck yard riqh'~ now, it w~uld be ideal tor him and hia neighboral that he has presented a propoeal to the Anaheim R~~fevelopcnent Coam-iaeian tor the ~ld Smart and Final Uuilding, but clie City hna not cnade e commitU-ent. Peetor Forkell stated it ia not hie intent to violete any aqraement reecl~ed todny, but he oannot promiee not to do it ag+~in. He etet~d if the neighbors have come to him, he hes tried to work out the problem and the one problem semma to be ths housing of people~r thet he has qivon three young m~n a place to stay because they do not have e jols and do not quelity for welfare end have no plece to go. He steted if hes can lind reeuurcee to nseintain e hoa-e, they vrill qo into a tiome. He stated he does not know the answere, h~+r ti-ere Fias to be nne and i! everyone work~ toqether, it cnn lx r~eo2ved. THE t~UBLIC HLARING W1~8 CT.vBEp Commies!.one: lCing stated the C~ioeion haa t~ro problems: one ie the number of pazking spac~s and aAked ebout the Avnilable parking in the area referred to. Psstor Forkel] ateted severel people in the nrea had discuesed parking with him, but a.re not willinq to ~ut anything in writinq because they do not want to t~el obliqated to e ~ommitmRnt. Ke atnted .right now the npeces they have are adQquate and they ha~ve never had a perking Qror.~sm because the ptop~e he aexve• do not have vehiclea and he hae ta pick them up and b3dnq them to the eervices. Comn-issioner lCinq asked if the twn trucks pnrked in the rear are there most of tha tinue and Peator Forkell re~,lied they are, hut when enother bui.ldinq is tasde availeble, tt~ey kill be moved. He stAted tl~ey have been eeekinq enother building diligently for a yenr. 5~2~8z ~ MIN~TlCB, AKI-HtIM CITY PL7INNINCi, June Z, 1982 82-339 Conarti~~ioner Herb~t steted this petl.tion le the rasult ot ection teken by the 2oning 8nlorc~a~nC Otlicer And alno the Tr~tfic Bngine~ r ha• indicAtad numerous compleints regardinq parkinq problema create~d by the church nnd the diwtribution activitiee~. He ate-tad the Cr~airaieeion ie involved i.n land use end cannot get involved in emc~*_lon~. He etated he thouglt t he Paetor SR doing n line job, but the Coa~mission ha• t~ pr~tect cther peopl ~a'e riqhta end land use. H• aaked how lanq tha viala~ti4ns heve been going on. ~eAn gh~rer, 11isi~kant planner, at~ted thc Zaninq Enior cemant Otficers have been involved ettetaptin~ to qet a conditional use ~e~~-1 t npplicetion !or over eix mnnths to a yenr as e reeult o! complainte recei•.~d iroa~ varioue property ovmera in end around the area And referred to the Treft ic Engine~rr's indicetion on Page 16b of the statf report thet parkinq probleme heve been createA and thnt the tre4h bine heve blockea accer+e !or etreet eweepinq, etc. He etsted thia has been en on-qoing zonlnq enfor.cement problem. He relerrAd to tha earlier comm~nte reqarding b~~ildtng permite and stet~d the building p~rmite isaueA were probably foc inter~ar modificationa and not !or e church. He explnined the licenae application wea for n c}~~~~ ch and food .iietribution aenter. Commiesioner Herbet atetcd when t~ pereon epplie s for a 3uaines• lice~sa, they n-uet then ebic]e by all the condittona foz tha* particular bueinese a~~~i a church aould requlre more perking then proposed. Deen ShRrer expla.ned etaff hea been aware for quite soma time that they have been in aporation es a church and hea Lieen tzyinq to qet them to coa~ply which 3~ th~ reaeon tor this pstition. He claxi.fied thet this a generdl c~ercial zone and the primary ueee ~rmitte8 ~r~ aommerciel reteil uaea end wholesn 1 ss or. tood diatributlon would be a~n incidentiel uae end if the church was no~ i ncluded, a conditional use garmit wonl~ atill be req1ired. He eteted this is a 4ua1 use, for a church and n tood dietribution center,and both vould r~quire a permit and one ot~ the problee-e ie with the storeqe of foad out:side. E~e clarifisd that the city doee not hava sapazate recorde on ~he reqi~irea~ents of the County Health pep~rta-ent, but was sure they have checked the eita and ere attemptinq to clear problems, tf the neighbors have compleined. Coamnissioner Herbst atated usually if there are no coaiplaiRte fraa the neiqht~orhood sbout e particulaz use, they ere all riqht , but if thers aze coa-plaints oP thi~ c~nqnitude, then there is soaething wrong with the operation end this ha• to be done in A manner thet is not ~ftena i ve to anyone else. He esked what Paetox Forkell can do to cArrect the probleme. Pastor Forkell aoxed it nua-nruus c~pleints a-eans that •everal people complained or i! one person cov~plsined eeveral tim~+a. Dean Shdrer ~xplained aeveral ditgerent peop~e heve caapl.ained pritmrily abozat parkinq and lt ie the city'a policy not r.a release the names of complainanta ~ uniesa euch iz~lormation is nQeded if the ma~tter r,omeo to trial t that the soni~q enlorcement oflicera qo out in the field with the intar~t o! entoxcinq tt~e Zoning Coda an~l i! ~~eigfibaro complain, they inspect tha nite ~o detexmin~. whether or not the code is being compli~d with and i! r~ot, the petitionez is put on notice o! th~ proviaions of tha rode. 6~2~8z ~ MINLITEB, 11N11HEIM CITY PLIWNING Ca!lMIISSION, Jun• 2, 1982 82•340 Commiesioner Kinq u~k~d sbout the motorhome parked in ths reAr. Pastor P'orkell zeplied it doai not belo-q Co him end hs underetando it is beinq refurbidh~d. Connnir.ioner Aouse e~ked if this uae hes any connection wit-~ the bekery. Pa~stor l~orkell roplied thcre is no connection, but the bakery does heve availeble purking. Dean `.~erar expleined t'e perkinq requix~ments for this pro~r~y ar~ baoed on ell the c~mbined uses, including the church, food dietribution centex and the bekery. Commiesioner McBurney otated he aees no problem with the perkinq end he did not think eny o~ theee use4 could conform to today'e parkinq codea. He r~tated he zealizas there hdve been complainte, but felt thiA petitioner is doinq everything he can to correct the pr~blome and he would preFer to overlook the perkinq. He etetad he Lelt the trash atoreqe ia the biqgest complaint of those neiqhbora who ceme ta ~hie meetinq. Commissioner ICing paintad out if there ie e demnnd for parkinq, there ie available epnce ~+lang Aneheim B~ulevard. Paetor Forkell responded to Commieaioner pouae that th~ traeh ie picked up daily, Monday throuqh ~'ri~ay. He skated he has notlfied the city atreasinq thA problem, expleining t1i•• ~peretion hns grown trc~n 33 csns of foad on Jenuary 18, 1978, to 250 t~r~s per~,aonth and estimated he feeda 25,000 people a month lran here to the Mexieo Outred~h. He stat~ed moet of his referrels are from the Food Stamp Proqram and the Welleze Depnrtment. Comtnisaioner Barnea states she felt the city ehould tako a long look at thia becauee it ia really a benefit to n lot of peoplet that ahe thouqht the Pastor is doinq a wonderful thinq. She asked i! sane eite ecreeninq could be provided to eliminete eome of the problema th*= neiqhbora have brc~ught up. She atsked if the petitioner hae telked to the propery owner about site screening. Commissioner Herbst sugqeated thia matter be continued so that the Paetor can exataine the operation with reopec:. to what he hes heard toda~~ pertaining to site screening so hc can c~etermine whethar or not to apply fcr a pormit for a regular n-ission so he would have tha riqht to board people a~d noted another public hearing would then be required, and aleo whet can be done health-wi~e reqardinq the en~ell and how the peirking eituetian can be handled. f~e ateted no ane wenta to see the operation atopped ne long as it ia not offensive to the neighborhood, but i! it ia detrimental to the health, sxtety snd welfare of the neighborhood, ~`e Planning Coaa~ission has no choice, but to deny it. He atn~~~~j he would like to give the Pastor tht oppc~rtunity to coma bnck and tall the Commission exactly what he vrill do and then it a conditional u~e per~ait ie grantbd eubjec+t to conditions and thoae conditiona are violated, t~e Commiss~on ca~ review the uae and eoneider revxation. 6i2raz ~ ~ MINUTEB, 11~U1HE2M CITY PLJINNING COMWI8820N, June 2, 198Z $2-341 Pa~tor Forkall eskad i! parkinq auuld lurther be rest~iCted by COnstruCtlon Of a l~ncs. Cana-i~~ion~r McAurnay •ugq~+sted that the Pastor contact tho~a peopl~ ~:ha hsv aqreec! !o ellow thaa ~o u~• th~ir parki.ng ~n specilied day~ and try to work out +~n aqxaement. Comm-issi~ner 1Cing muggasted that the a+otarcycla ahop be contacted bscause thay have avsile-ble parking. Coauaisoioner H•rbst stated he thouqhC the pallete could ba put into a trs~h snclosura. He stetec! the Pnetor will have to exaa~ine the ,property snd ~h~n tell the Commieaion whet ha propoaea to sati,ly the n~ighbors. . ^ Pestor Forkell eteted tihey hnve checked inCo thd posaibility o! chsinlink lencing end have bids and agrde to enclose the trash areas, b~~t the+ pra':lem ia that they do not know whore to put the traeh and r.xplained e repzesentetive lrom Che Sanitdtion Division has b~en out to tho site anc! severel locations were ,~iACUSSed ee they ere ready ta qo ahead with thati once this metter hae been resolved. He ctetud his prla~e request is tor the city to help him find e build:nq if there i.s ~ne in Anaheim. Commissioner 1C.i.nq steted he ie concerned nbout accees for the lasge trucks it the fence ia constructed. Commisaioner Herbst stated the Paator obviously has a problem, but the Co+nmission cdnnot eolve ito that the h3rdahip wes created by the use end it tias been detrimental te the neighborhood. ye suqgested ihe Pa~tor discuee the ~ problan-s with the neiqhbore bQfore the next heering. ~ ;~ Pastor Forkell asked for a fouz-week continuanre. /-CTION: Commissioner Herbst offered a motion, aeconded by Commissioner 6auas and MOTION CARRIED (Chairman IIuehore a~sent) t1~at the Anaheim City Planninq Coma-1ASion doe~s hereby cantinue consideration of the atorementioned mntter to tre reqularly-echeduled meeting of June 28, 1982, at the request of the petitioner. Jaak White explained no furthei notices of the public hearinq will be sent. 6/2/82 y~i-: ' ~ MINUTSB, AN7IHEIM CITY PZ.At~R~IZNG COMMI88ION, June ~, 19A2 82-~4~ ITEM N0. 17 RILPOATB ANp RiCOMKENp7-TIONB t The lollowinq Reports •nd RaconmNrndetions staPf raport• were ~reeented but not resa: 1-. Rb'CIJISSIFICI-TION NO. 79-80-32 - Request !or e retroective sxtenaion of time frrnn Richaxd 6. Huston on property loceted on the weet side at Harbor 8o»tevard, approxlmately 552 feet ~~orth o! the csnterline o! Rrnnneya :.ive. ACTION: Commisdioner K1ng offored a aiotion, aeconded by Cr~r.-iasionar Boua~s end MATION C1~RAIED (Cheirmen Hu~hore pbeent) thnt t} ~naheim ~ity Plenning Commiesion doea hereby qrent e on~-yeer retr~~active extension o! time to expire on Mex•ch ?4, 1983. g~ 1-BANDONMSNT N0. 81-28A - Requeat lrom Ar.cier~ Brothere, Inc., to abandon a pc~rtion of en existing aCorm dzein easement loceted east o! Tuetin l~venue, south o! the Riveraido Freewey. ACTZON: Coam-isaioner King oifered e motion, aeconded by Coom-ieeinner Boua^ and MOTION CI~RRIED (Cheirman Bushore absent), ~het the Anaheim City Planning Coma-iasion doea hereby reccrtm-rnd to the City Council approval of 1-bandanment No. el-28A ee recoaunended by the City Enqineer. ~, CONDITIOTII-L U$E PSRMIT NO. 1373 - Request !or termination of ~anditional Use Permit No. 1373 trom David Garvin on property located at 8~6 South West Street. ACTION: Cammiesioner King ~s~ferad Resolution po. FC82-117 and mo~~ed for ita pedange and edoptton that the 1-naheim City Plsnning Commigsion doee hereby ter~inate Conditional IIs~ ~ermit No. 1373. On roll call, th• foreqaing reaolution was pa~~ted by the lollowing vote: AY8$s COMiriIS8ION8RS: 811fi~1$8, BOUAS, FRY, HERBST, KING, MC HURNEY NOES : COlIMI33I OI~tERB s NONB ~~83~NT: COMMI$$ION~RS: SUSHORE D. PROPOSBD 11MENDMENT '!'O THE ~Q,(SC) ZONE TO 11LLOW 11UT0!!O'PIV$ R$P11IR ]1ND tdEWW C1~R BAI,E$ AS 1- COMaINED CONDZTIOt~AL U3E. 1lnnika Santalahti, Aeaiatant Director o! Zoninq, enplained stat.t hae recei.ved inquiries lroaa representativeR of Merced~s-Bens for a fa~iliLy in the Canyon Induatrial J1rea, and that ssles r+ould be limited to new vehicles i~ thie ameencbaent ia adopted. Com~lasioner Her~et stated all n~w car deelers usua]ly sel,l used cars and once a permit Sa qranted, otl~era aill make thu eame requeet, end he di~ not think this ehould ba permitted in thi,a area. ~~' MINUTSB, 11N11HaiM CxTY PI~1-NNING COMMI89i~N, June 2, 198~ 82-'~A3 Annika 8antalahti stetsd they would not kee~. e+ny vehicleo traded in on new v~hicles, except thefr own model. Commis~ion~+r Sarnos atated the wholesele automobile dealer which hae besn sxpanding over the yaars would be the firet to me~ke a requeat to permit them to aell to the qenerel public and n lot of tratfia would be qenerated. Bill ernsher, 28 Hrookhollow Drive, Sente Ana, stnted he has been throuqh thie three timee with the 1-nnhein: Econot...c t~evelopa-ent Corporutl~n end le lamiliar with the isaues. Ne explained Uunn Propertios own the property aurroundinq the Werner-Lnenbert facility and the propoeed location for this le~ility ia nt the corner o! La Palms 1lvenue and Hraeher Street. He stated thia land im expeneive and they believe there is ~oing to have to be e higher and better use thnn the more traditional product; thet they put up 17 free-etdnding bu~.ldinqe and only eix have been sold end the City of 1-neheim has over 1,~00,000 gq. ft. of vecant warehnuse spece, which is conaiderebly awre than eny other city in Orange C~unty. He atr~ted they believe t1iiA t~ae ie oxtramely cocapati.ble with the ML Zona and the sito in 3.2 ~~:res, with a 30,Q00 sq. ft. building and 4335 eq. !t. will be utilized for cetail ealea ot new Mercedea-aenz, but nd other modela and any other used car woulcl be immediately •old wholesAle and taken oway. He stated they fe~l thi.s use in thie industrial park will be boneticial ..~• the continued develcpa~ent of the perk, and the City of 1-neheim. He .:t:ted they would not ob~ect to a condition that na more then 7• oP the le.d azea will be util:zed !or retail saloe e-nd noted 86t of the project wiYl be aervice and parta. Chairman Pro Tempo~e Fry clarified thet all new vehicles for sale will not be etorad i.neide ~he +:tructure. Mr. Braaher atated thmre will be no outnide ~ales activities. He referred to a similar operation, Jim 31nii in Ne~aport Reach. Ccmomissioner Kerbst ar~ke~ ••~hnt type signing ie proposed, W1th Mr. Sraehar replying a monument aiqn ie proposed. David Christian, 68 Echo Run, Irvine, eteted the signage propob is very luw key with one monwuent eiqn ~n Le Palme deelgn~d in conforau-nce with code and there wc~uld be a Mercedes-Aen~c loqo on the buildinq. Commieaioner Herbet statad he has great xespc~ct tor the Mercede8-Benz au~omobils, but doeon'C think thie uae beionge in an industrial nrsa, pointinq out ~here wcyuld be other aimilar requeets if chis ia approved. He oteted he lelt this use belonqs close t.o a lre~r+ny end stet~d this location i.4 what i.a Lert ot Anaheim's pz.ie induatrial area. He steted he hae beer. wstchinq the in~iustzial l~nd qo tor the last 30 years and has h~ard the commente before that there !e an e-Dundence. He suqgsated i! tha buildingm cannot be aold, than aavbe ~he prica neads ta be lowe~+~d. ~ MINUTEB, 11pAHEIM CITY PL~NNiNG C~lIBSION, J~ir~ Z, 1982 82-344 Mr. SreAh~r etated thAy lully beliave thi• park'• hi~hest •nd be~t use, exrept the e-ree elong tha railroxd tracks alonq Orangathorpe, is for r~ePerch and developmonk type ectivi.ties whir.h is in k~eping with the MT. ~one. He atated if there ia an~ther dealerehlp thst can eLide by t.~~sa same r.eatrictione of 5+- reteil eree, he lelt it ie in the bes• intereet to listen to their requeete. ~atnissioner Bernes etated the Commiesion has tried hard l•o protect the inteqrity of this i~nduetrial erea a~nd ehs lelt approvnl would juet be openinq the cloor to more eimiler uses. Mr.. Hresher eteted the l~neheim Economic Developsnent Corpo:•e-tion likacl the projeck but had eleo been concerned at~out opening the door whi.:., ia the r~eson the~• .~aqqested the restriction to 7t aalee ~ree. He etated the use doee not principally eerve the ML Zon~, but 1s extremely crnnpatible with the zane end will be in the best intereet of their park. Commieeioner Herbat eteted retnil treffir. creates conflicts with industrial Crelfic end service hes been allc~wed in thR industrial eree so thet people workinq in the ezea can neve t.heir autoawbilee •erviced while they ere at work, but a new car aqency brinqe in retail taffic. Ne etated normally e+t e new car egency, a, lot of caru get there eerly in the morninq and line up to qet into the ~ervice tecility when 1t opens. Mr. Brseher steted aervice end repair ia a permitted uae with a conditional use pertait. Fl~ briefly explained the propoaed use and etated they have been tr}~ing to addresa the "open door" ce~ :ezns and nat the propoeed operation itself. Jark White, Assiatant City Attorney, stat'.d the queation t~~dny ie whether or not to e~mend thQ Zoning Code to allow an application to be filed for a conditional u~se pex-o-it for thir typs activity. Goeuaissioner Nerbst ateted the Pl~enninq Coaaniesionere nre land pZenners nnd are not involved in econoeaica. 11CTION: ~oamaiasioner Herbst o!lered a motion, eeconded by Coauniasioner Barnes and MOTION C1-RR.IBD (Chairman ashore abeent) that the Anahei.m doea hereby reconn~end to the City Cou cil denial of the propoaed eniend~uent tA the MI.(SC) Zone to Allow Autamotive Rep+~ir end New Car Salea as a Combined Conditional Uee on the baeis that the retail salee tratfic will cre+~te co~flicts with the indust:rial tra!!ic nnd the integrity of this prlme industrlal aree should be protected. ~ ~, ~,...._~ ~. .) K~pt~,~8, 71N11pE=M CITy pLAI~pItiG CpMN18gI0N, June 2, 1982 8Z~ 345 11WpfJRNK!liTs Thor• b~ing no turther busino~a, Goanai~sione~ H~rb~t o!lered a motion, •ocoad~4 by Ca~mni~sion~r 8ous• and I+IOTSON C1-RRZED (Chairmein eushore ab~~nt) thst the aa~~tinq bo adyourn~d. The m~eting wes adjourned st 5:55 p.m. R~ap~ lully submitted, !',~.~ ,~! ;~'~~~•,.~'•. Bdit L. Harris ~i~cratery 1lnsheim City planninq Coiamis~ion