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PC 1984/04/16REGULAR MEETING OF THE ANAH~IM CITY PLANNING COMMISSION REGULAR l1~;F:TING The rcgular meeting ot the Anaheim City P.lanning Commission was called to ordec by cF,~irwomt~n 8ouas aC 10;00 a.m., April .16, 1984, in the Council Cnamber, a quorum being prPSent and the CommiRSion reviewed p1Ans ot the items on t~day's agend~. RECESS: 11:30 a.m. kECGNVENE: 1:3C p.m. PRCSENT Chairw~man: Oouas c:ommissinnere: au~~hore, Fry, Herbst, King, McBurney ABSENZ' Commisaionerc: ~.a CIA~CE ALSO PRFSENT A:-nik~ Sant~~.:ahk.~ Jack WhitP Jay Titus Paul 5inger Jay Tashiro Greg Hastings Kendra Morries Edith Harcis Assistant DirecL•or for Zoning Assistant Cik}~ Attorney Oftice Engineer Traffic Engineer AsEOCiate Planner Assistant Planner Assistant Planner Planning Commisaion Secretary APF~ROVAL QF MINUZ'ES: Commi3sioner King offered a m~ti~n, ;~econ~3ed by Commissionec Fcy and MO't'ION (:ARRIFD !Commissioner La Clair~a absent and McBurney abstaini~~g), that the minu~es af Aprii 2, 1984, be .~~proved as submittpd. ITEM NOS. 1 Ti~ROUGH 11 WERE CONSIDF,RED TO(iETNER. ITEM N0. 1. EIF2 NEGATIVE DECLARATZON, WAIb'F.R OF CODE REQUIR~MENT AND CONDITIONAL USE PERMIT N0. 2446: PUBLIC HEARING. OWNERS: RTCHARD C. HUNSAKER, P.O. Box 2423, Santa Ana, CA 92707. AGENT: ItEGENCX OUTDOOR ADVERT.tSING, INC., 8820 Sunset Boulevard, Suite F, Lo~ Angeles, CA 9006Q. Property described as an irregul~rly-shaped parcel of lan~ consisting of approximately 0.65 acre l~cated at the northwesterly terminus of Regal Park Dri~~~, 27q0 Regal Park Drive. To permit a billboard in 'ti~a ~II Zone with a~aivers of mini~num structural setback and maximum height. Continued from February 6, and March ~9, 1984. 84-192 4/16/84 MINUTES, AN_A__HBIM ~:Ii'Y PLANNING CC)MMISSION~ APRIL 16, 1984. 0~-193 ITEM N0. 2. B1R NECA'PIV~ DECLARATION, WAIV~R UF CODE REQUIREMENT ANA CONUITIUNAL USB pERMIT N0. '1447; PUBLIC NCARING. OWN~RS: ABJ DEVELOPMBNTS, 3U1 N. RampArt Street, ~range, CA ~26G8. AGENT: k~GENCX OUTUOOR ADVERTISING, INC., 8820 Sunset ~uulev ar.d, ~uite C, Los Anyelea, CA 9UU69. ~roperty deacribed as an ircegularly -ahnped ~arc~l oE land conoictiny uf Approximately 1.1 acres, lU1Q Grove Stre et. To permit a bi.llt>oa~d in the ML 'Lone with waiver of m~ximum height. Continued Lrom Fetiruary ~, and March 19, 1984. ITEM N0. ~. EIR NEGATIVE UBCLAP.A2'IUN, WAIVER l)F CUDE REQUIREMGNT AND CONDITIUNAL USE PERMIT NU. 2448: F~UI~LIC tIEAFt1NG. OWtJLftS: DON V. ANU GAKNET A. EUMUNUS, .186f32 Meca ~r iVe, Villa Park, CA 9'1b67. AGENT: REGENCY OU'PDOOR ADVER7~ISING TNC., 882Q Sunset Boulevacd, Suite F, Los Angeles, CA. 900b9. Property def;crik,ed aa a~ irr.egulsrly-~shaped parLel of land consisting of apprcximately 1.9 ac;. !a ].~cated at the northwest corner of Taft Avenue and 6~kun Way, 2691 E. 'PAft Avenue. To permit a billt~aard in tti~e ML 2one with waivers of permitted locaki~n and maximum heiyht. Continued fcom February 6, and March 19, 198~5. ITEM NQ. 4. EIR ~IECATIVE DECLARATIUN, WAIVER OE' CODE FtEQUIREMENT AN D CONDITIONAL US~ Pf:RMIT NU. 2449: PUBLIC HEARING. UW~:,'RS: E.B.Q. PRUPERTIES, 1274 Sunshine Way, Anah ~im, CA 928U6. AGENT: kEGENCY OUTDOOR ADVEFTISING, INC., °820 Sunset Boule vard, F, Los Angeles, CA 90069. Property desccibed as an irregularly-ahaped parce.l of land consistiny oi approximately U.9 acre, 1281 Sunshine Way. To permit a biilboard in the ML Zone with M•aivers of minimam structu ral setbach and maximum heiyht. Contin~ed from February 6, an~ Mar.ch 19, 1984. ITEM NU. 5. E:R NE~ATIVE DECLARATIUN, WAIVF.R OF COnE REQUIREMENT AI~TD C:ONUITIONAL U5E PFKMI'i' N0. 245~ : PUf3LI~ HEARING. OWNERS: CONSOLI, McCOMBER, McCUBdIN INVES:MENT, CG., 1274 Sunshine Way, Anaheim, CA 92806. AGENT: REGENCY qUTD00P. ADVBRI~I:I NG, INC., 8820 Sunset Boulevard, Suite F, Los Angeles, CA 900G9. Fror~r~v cie scCibed as an irregularly-shaped parcel ef land consisting of approximately 0. 6 acre, 1270 Sun~hine Way. To permit a billt~oard in the ML Zone with waivecs o£ minimum struct_ural setback and max~murt~ heigt~c.. Continued from February 6, and March 19, 1989. 4/16/84 MINU'fE5,__ANAHEIM CiTY PLANNING CUMMISS_ION,_APR1~_ 16, 198~4. ,_ __~ 84-19A ITEM N0. b: EIk NEGA'1'IVE DECLAkATION, WAxVER ~~(' CODE R~,~UI,REMENT AND CUN[)IT.lUNAL US~ PERMIT N0. 2451: PUBLI(: HEAKII~G. UWNERS: BRISTOL COMPANY, 1U899 Wilshi[e E~ouleva[d, Suite y33, Lua Angeles, CA 900'l4. AGEN'I': R~:CENCY OUTDUOR ADV~RTISING, INC. , 8820 Sunset liuu~evard, Los Anyeles, CA 9U069. Property described as An icregularly-shaped E~a[cel of. land consi~tir~q oE approximately 660 Eeet on the nortt~ side of La Yalma Avenue, and furthtr described as 2311 to 2323 West I,a Palma Avenue. To permit twa (1) billboards in the ML 2c~ne wir.h waivers of minimum c~tructural F3ftVACk and maximum height. Cvntinued Lrom t'ebruary G, an~ March .19, 19b . IZ'EM NU. 7. EIK NEGATIVE DECLARA'IION~ WAIVEk ~F COD~ REQUIREMENT AND CUNDITIONAL USE PF.RMIT N0. 2457: PUE~LIC H~:ARIN~. OWNE:EtS: MAX CUKtER, ET AL, 27520 HawthornP Boulevard, Suike 1q8, 1~alo~ Vecdea PEninau.la, CA 90274. AGf:N7': REGENCY OUTDOOR ADVEKTISING, INC., 882U 5unset Boulevard, Su ite F, Lc Angeles, CA 9U069. I'roperty described as an irceyularly-shaped parc~l ot land ec~nsi~ting of ~~ppror,imakeiy 8.4 acres locatHd at the nocthwESt cornc~r. ot Miraloma Avenue and Alue C;um Stteet, 1311-1347 B:ue G~~m Street. '1'o per.mit a bi.llboard in the ML Lone with waiver of maximL~. height. Continued t~om Fei,ruary b, and March 19, 1984. 1.TEM NU. 8. EiR NEGATIVE AECLARilT1UN1 WAIVER OF COGE RE(~UIREMENT AND CUNDITIONAL USE~ PERMIT N0. 2534_: PUBL].C NBARlNG. OWNERS: RAPT CCMPANY, SU31 Birch Street, Newport Beach, CA 92660. AGENT: REGENCY OUTDGOR AnV~:HTISING, INC., 8820 Sunset Boulevard, Suite F, Los Anyeles, CA 90069. ~'roperty desccibed as an icregularly shaped parcel vf land consisting of approximately 10.6 acres, 2430 East Katella Avenue. To permit a billboard in the ML Zone with waiver of maximurn hEight. Continued from February 6, and March 19, 1984. ITEM N7. 9. EIR NEGATIVE DECLARATION. WAIVBR OF CODE RE UIREMFNT AND COHDTTIONAL USE PERMIT N0. 253 5: PUBLIC HE~ARING. ~wNEItS: WALTER T. ERICKSON, ET AL, 1850 S. Anaheim Boulevacd, Anaheim, CA 92805. AGENT: REGENCY OUTDOOR ADVERTISING, INC., 8820 Sunset B~ulevard, Suite F, Lo s Ariqeles, CA 90069. Property described as a n irreyularly-shaped parcel of. 1 and consisting of approximately 0.5 acres, 1850 South An~tieim Boulevard. TQ permit a billboard xn the ML Zone with a~aivers of mi-iimum structural setback and maximum height. 9/16/84 MINUTES1 ANAHEIM CITY PLANNING CAMMISSION, APRIL 16, 1984, 84-19~ Continued fram February 6, and March lI, 1984. ITEM NU. 10. EIR NEGA7'IVE DECLAItATION, WAIVER OF CODE REQUIREMENT ANp CUNDITIUNAI. USE PGRMIT NQ. 2536: PUBGIC HEARING. OWNERS: JOHN C. ANU EVF.L:V AUAMS, 23075 'Ji~ S~nta Mt~ria, Misaion Viejo, CA 92691. AGEN;: R.EGENCY UUTDOOR AUVERTISING, INC., 8820 Sunset Boulevarc~, Suite P, I~UC Angelea, CA 90U69. P[operLy described oa an irregularly-shaped parcel. of land coneisting of apprc~ximataly 0.8 vcre, 1E~45-1849 Suuth Manchealer Av~nue. To permit a blllboard in the t4L Gnne with waivers oE minimum atructural setback and n~~,ximum heiyht. Continu~:d Lrum E'ebruary 6, and March ]9, 1584. ITEM N0. 11. EIR NBGATIVE DECI,ARATION, WAIVER ON COUE REQUIREMENT AND CONDITIUNAL USE PERMIT N0. 25:~7: PUBLIC: N~ARING. OWN~R5: h~NNE'I'Fi Kh~ESEE, 19'l8 5. Anaheim aoulevard, Anaheim, CA 92805. AGCNT: REGENCY OUTDUOR AUVERTISING, INC,, 8820 Sunsek E~oulevard, Suite E', Los Angeles, CA 90U69. Pruperty described as an irregularly-shaped parcel of land consisting of approxima~ely 0.94 acce, 1922-197.8 South Anaheim Boulevard. Ta permit a billboard in the ML Zone with wai:er~ of minimum structural setbacks and maximum height. C:antinued from ~k.,ruary F,, and March 19, 1984. It a~as noted the applicant has requested continuuncea of items 1 througr~ 11 ta the meeting ot May 3U, 1y~4. Floyd Earano, Attorney, l0U S. Anaheim Doulevard, Anaheim, explained Regency Gutdoor Advectising Company has no intention of pursuing all eleven applications and they are remair~ing ~n calendar because the petitioner has already paid approximately 33,000 in filfng fees. He staked the City Council is going to co~sider a prop~sed ordinance and if they do adopt ai~ ordinance, they will pursue those applications which are within the permission granted by the ordinance and all others will be droQped. ACTIp;1: Commissioner King offer?d a moti~n, Reconded by Commitssioner hry and M02'i0N CARRIED (Commi~sioner La Claire absent), that consideration of the aforemEr.tioned itetns be :ontinued to the ~egularly-scheduled meeting of May 30, 19~4, at the requast of the petitioner. ITEFS N0. 12. ENVIRONMENTAL IMPACT REPORT NU. 256 (PREV. APPRUVED), WAIVER OF CODE REQUIREr~~-NT AND CONDIT.IONAL USE PERMiT N0. 2541 PUBLIC HEARING. QWNERS: KAYSER DEVELOPMENT CQMPANX, ATTN: CLit7TON DAVIS, P.U. E3ox 30b, Carlsbad, CA 92U08. Property described as an irregularly-shaped parcel of land consisting of appcoximately 37.2 acres located at the southwest corner of Santa Ana Canyon Road and Weir Canyon Road. 4/1G/84 MINUTES ANANEI;~_~ITY_PLANNING COMMISSYUN, APRIL 16, 1904,__ 84-196 To permit an 18-lot, p].anned comme~ci~] oEfice And light industrial ccmplex ttiat include~ a hotel, re3taurant and drive-through financial institution with waiver of mAximum builu~ny height. C~ntinued fcom E'ebruarY 22, Ma!ch 5, 19, and April 2, 1984. ThEre w~~ no one indic~ting their pre:~ence in oppoaition Co cubject request and althouyh the ~taf[ repocr. wa~ not read, it i.s referred to or.a made a part of the minutes. E'runk Ri~e, 212'l PalomAr Airport Road, Carlsbad, Californta, explained this mat•r.er was c~ntinued Lrom the last meetiny in order for at: .lAaat one ~t khe Commissionere to review Ghe property. He referred t~ the request for height waiver and explained they are reyueFting 4-story height.s for four of the eighteen lot~ and 3 sloriea for f~ur ot tfie eighteen lots. He reviewed the seven reasons tt~ey feel are justification for ~pprovAl of th~ waivert (1) the request is not in conElict wirh the ohjectivea of the Scenic Corridor Overlay Ordinance and tF~ey believe ttieir buil~ings will be in scale wikh and comp~iment ~he natural environm~~~~t and the visual appeacance ~f ttie area will he siynificant:ly ent~anced by their we11-dee,igned and well-landscaped buildinys, (2) will not lead ~o a proliferatio~ of other requests for waivers because the City's General Plan concentrates almust all future commercial d~velopment in the Scenic Cor.ridor near tt~eir proj~ct, (3) a high yuality pcoject is likely to be develo~~ed, iE tl:~ waivers are granted today while evaluating the entice prajc~c:t on a comptehensive basis, (4) khe lots they are ceyuesting waivers for yenerally have «~lc~vated locations with landscaped embankment~ and setback areas (slides were ~~resented shawiny the heavily landscaped embankments whict~ soften tt~e ~:+ppparance of the buildina heigt~l), (S) the lots they are reque~ting waivers Eo~ are all adjacent to major arterial. tiigiiways, (6) nane oE the lot~ are adjacent to residential areas, but are adjacent to other commercial areas or landscaped bugfers, and (7) given the topography af the site and their plan, views f.rom the resi.dential areas ace not going to be blocked by the building heights. Mr. Rice stated the Commission expressed concern about the nature of the R 6 D ar~d ligtit industrial uses and since the la~t meeting they have reviewed numeraus o~her cities' zoning ordinances t~ come up with a list of T.t & D and uttier light industrial uses and that list ha~ been provic'.ed t.o the Commission. Conce~niny control Eoc the build-out ot each lot, Mr. Rice stated they will record StCiCr CCbRs which will include an architeclural. design review committee anc: that comm9.ttee, in addition to City staff., will be responsible for reviewing all arctiitectural design, setbacks, landscaping, drainage, signage, ligliting, trash and storage faciliti~s and every aspect of the building which can be seen fzom the outsi.de. Mr. Rice stated the Commission expresaed concern about buildings being developed in their project which would be similar to a madical buildinq currently located in Anaheim Hills which has apparently been a concern to a numbec of Commissioners and other people in the area and stated under no circumstances would they develop a building such as that with inadequate and out-of-scale landscaping and with no setbacks from the top of the embankments. 4/16/84 MINUTESL ANAkIF:IM CITY PLANNIN~ COMMISSION, APRTL 16, 1984. 84-197 ~link uevis, En~ineer, Kaisec Development Company, pointed out the Aite plan displayed and reEerred to t~~e n,:Qas where commerciAl dev~l~pr~~ent will occur in the 5cenic Carridor conniatin~ of c;:~ rAgional shopping center on the west and other commercial uses on the noctl~ side adjACent to the Ereeway. Fie stated they are proposing a total ut 8 lohs to huve height wa.i.vers and kho$e ~ots are either. adjdcent to ather commerciAl areas or to oE~en apACe buffecs, and none ot the buildinga will be adj~r.er~t to reaidential area~ and the lots ~ire generally conaiderably lower in olevation than the residential areas and explai~~ed the line-of-sight for the dlEferent elevations and explained because their property slopes away ftom the residen~ial areas, the 3-story buil~ings will ~p~car to be the same height as l•he 2-story building~. fie presented a aectior ~:ew drawing showing tihe view from the residential areAS to the aouth and weEt of the property acrosa their property looking ovec the topa of the 2-story buildings und the tdller building~ are much fur":Pr away and will be tnucl~ lesa visible,. Mt. Davi~ stated the elevated, heavily-landscapE~d embankments will greatly ceduce the s~ale and vicual impacts of the taller buildings and poi:~ted ouk another section d~aN~ing to il].ustcate th~t point showing the visual E,er~pectiv~s frc~m adjacent rt~ajor arterial streets and adjacent properties and staked all the proposed taller buildings will cc,,.~ply with the Scenic Corcidor Ocdinance Lor 150-foot seY.backs and that w.ill r~duce the views of al.l the buildiciqs. He referred to thc~ existing medical buil.di.nq in Anaheim Nills and slated ttiat building is not set back at all from the top of the adjacent embankmNnt and it~ setback is much less than 100 feet fzom the street. Ha 3tated their p~oject consists of 37 acces of hasmonious bu~iness u~~s which will compliment each other and the surroundinq are~. 7'NE PUBLIC HEARING WAS CLOSED. Frank Ri.ce stated they are unly pro~osing 4-story buildinga on four lots and pointed uut if :, hotel is ultimately developed, it will be built• on three lot~. Responding to Commissionec Bushore, Annika Santalahti stated staff has not seen any preliminary Proposals foc the region~l shoppin<3 center, especially pertaininy to heights. Jay Titus re~ponded tha~ the ycade pecmits have not been issued f~r the sho~ping center site itseli, t~ut Kaufman and Broad do have grading pe:mits where they wi.ll be doing some preliminary grading, basically removing earth f~r fill in oCher areas. c;omroissa.onec Rushore stated the massive grading that will be done could change the topogtaphy. He stated he would not want to look down on those rooftops. He added he is concerned about the ~recedent that would be set when it comes ta developing the regional shop~,iny center. Commissioner Fry thanked Mr. Rice for the topo showinq the grade leve'.s and stated he is a lot more comfortable with this than he was at the previous meeting. He staCed he sces no problem now with the way it is going to be looking from the cesidential area and he did not think therE is concern about establiahin9 a precedent for 4 stories on this property becau~e exceptions are made in the hill and canyon acea c]epending on the topogsaphy and terrain. 4/16/84 MINUTES. ANAHElM CITY PLAiJNING uvMMISSIUN, APRIL 1G, 1984, 8A-198 Cummissioner Nerbst atat,~d the Commiar;iun had discus$ed a ~ennnt ~o be recorded and ~sked iL that would be on the balance ~f the property limiting it to 2 atories. Jack White ~ctated the c:ovenant could be contained in the CC&Rs or it could be a separAte document and if the Commiseoion want~ to control the height of the pr~rcels, the covenant ahould be plnaed on those paccels. Cammissioner Herbsl- stated i~ is ,~a~sible that these lots could be nold individually und he wr~nted to be sure that if ttie properties are sold, the buyer unciersC~nds that tt~e I~eiyhts are re~tricted and he r_hought the only wa~+ to contcol t1~at would be with a covenant. .Iack Whil•e stated the Commission could tequire the heiyht limits ta be incl~~~led in kt7e CC&Rs and also an additianal pravisian should be included yiving lhe City the pow~r to enforce the height limits. Commissiuner Herb~t stated the Commission ia not su~i~oaed to set E~recedents, but it hoppens tall the kime and some developer would want 4 stories ~n one of the other lots and that wou.ld not be zuitable. Underyround parking was discusscd and Mr. Ric~ stated typically there would not be any undergcound parkiny, buk that the perimeter landscaping of the project wil.l effectively hi~]e ~he v!ew of most of their parkinq frocn adjacent re:;idential areas. Cotnmissic~nec L~ushore indicated concern that if ui~derbuildiny parking is propo~ed, another story could eftectively be added. Mr. Rice stated ttie underbuil~3~ng parkLng is defini~ely not C~ro~o~ed tor the bui.ldinys adjacent to khe cesident.ial areas. lie .tated they wauld not attempt to p~•t wtiat would amount to a 3-story k~uilding on one oE thacc lots. Kend~.• Morries, Assistant P]annec, stated the plans :eviewed by staff did not include ~~v ~rovisions f~-r tucked-under parking; however, there are a number of lotc whe.e subterranean parking is proposed witt~ t.:he parkiny structure completely b~low the grade. Commissione~ eushare stated subtercanean ~arking doe3 n~t always go completely underyround aid rould be a half-story above grcund which would add another 8 to lU feet ta ttie height of the building. Commissianer li~~rbst stated the reatri.ction could be tied to an exact height for 2-story buildi~.:~~. Jack White ~tated he would strongly recommend that if the Commission wishes tu place height limitations on an,y ~'~f t}~e parcels, tather than basing it solely on *.erms nf stories, that it could be based on a maximum nur~ber of feet above grade lev~i. Mr. Rice state' khey submitt~~ci plans foc specific building heighls and ~ 4-story building would be ~l-feet high. Commissioner Bushore s;.ated the first building closest to the r~sidential area is very critical. Comt~issioner Fry suggested designating that 3 stories ace nct to exceed 's0 feet, and 4 stories are not to excePd 63 Eeet, and if it is aporoved that way with those structures on those lots, he did not cee a problem. Mr. Rice stated they wculd be pr~pared to live with whac they have submitted on their plans. Kendca Morries pc,inted out c,n Page 12-e of the stzff report, the buildings for thoae specific lots and building heighta are listed and they range from 20 feet to 63 feet. 4/16/84 MINU2'E_~,_ANAHExM_ CITY_P_LANNI_NG_l'_OMMISSION, APR1L 16, 1984, 84-159 Cotnmiaaioner Buahore eteted he ~hougtit it would be acc~ptable as long as it is cacefully apelled out because ~he ~`lanning Commisaion doe~ not approve grading permits an6 it is not uncommon for the developer ko come up with pcoblema in the field that they were not awace of which does chnnge thinge. Ja•k White Fuggested the Flanning Commiasion offer a motion to ttie effect that ~:~ey have reviewed l•I~ie a~dendum Environmental zmpact Report No. 256 Eor purposes of this paCtl~UlaC project al~ng with tt~e Einal EIR No. 256 prior to acting on the other reyuests. ACZ'ION: Commissioner Herbst oEtered a motion, seconded by Cammissioner Ki.ng and MUTIUN CARRIED (Commissioner Lp Claire absent), that the Anaheim City Planning Commission haE ceviewed and considered tl~e addendum to tt~e Environmental lmpact Repoct No. 256 as ik pertaing to this pacticular praject dlong with the Cinal EIk Nu. 25G. Chuirwoman I3ouas relerred to the lifit of uses ~o be included in the research and develoNment ~rojects and a~~ked i.f. the optical, dental or medical uses meana tt~ere r.ould be medfcal office ar dental offices. Mr. Rice stated re:.earch and development would include design, engineering, te,tiny, expecimenting, asserobling, pac~agfng and light manufac':urinq, processing, servicing of those instrument~, c~mpunents or products. Commissioner Herbst suyyested a~ding the clause 'ihat there would be no retail uses" on those lots. Y.endra Morcies stated medical and dental uffices are permitted under the Zoning ~ode; ~,owever, thP Parking for this project haa been calculated on straight ofEice uses, excluding medical and dental uses. Mc. Rice stated they fully understand thar_ if rnedical and dental offices ace propuseo, that would reguire additional parking and l:~ey would have t~ de~rease the size af Cheir bui~ding *.o add parking. Commisaioner Bushore stated Weir Canyon Road and Sant.a Ana Canyon Road are fast becoming very serious traffic probl~ms and if this is supposed to be a 1~lanned community area, those impacts ~hould b~ reviewed, pointing out that four commercial centers are proposed for t}iat area an~ that is acceptable as lorig as it is properly planned for the ~,mounC vf traffic anticipated. He stated there are other properties in the area ~uch as SAVI Ranch, which are to be cleveloped. Paul Sinc~er, Traffic Engineer, stated conce~ning the Oak Hi11s Ranch and the Wallace Ranch develop~ent, a special atudy i•= heing conducted to determi.ne exact traffic impacts on Weir Canyon Road, the 91 Freeway, and the Santa Ana Canyon Road interchanges so tne Corunission will have more information. He stated that has already been calculated to exceed capacity. Commissioner Bushore stated if this is to be a planr.ad c~mmunity, he would rather not see so many mixed use~; that he has no prob:em with the regional shopping ce•~ter, but when h~e thinks ~f offices, he thinks of pEOpZe who go i~to work and arE there alJ day with the normal amount of clients -n and out, but if there is to 4/16/84 MINUlES, ANAHEIM CITY PLANNING CC- '+ISSION. Ai~IG 16~ .98~, 84-200 be medica] or dental o[fic~,s, the traff~c load ch~ngea completely And noted ~ poten~ial hotel and re~tauranl a:e L~ing shown And he f.elt that cor.ner is really going to be imp~cted. Mr. I,ice RtiAtCCI they did do a tra[f.ic study for l•his project and o'~viously, as l•he developer, tf~ey care aa much as the Ci~:y does abouk congestion. He stated prohibiting medical uses would be penaliziny the residents oy nok ~,ertnitting them t:o have reasonable accessible m.:c.ical or dent:al oCf i.~es. Kendcci Mo~ries stAted the E~arcel on the northwest corner ot Weir C+~nyon and Santa Ana Canyon Roads does fiave CL Zuniny whieh woulcl a]low medicdl c~ffice uses. Commissioner Bushore statHd ~hi~ doesn't look like a~lannrci community with F.he mixture oE u~es with the R& D light industrial uUe:, r~ re~taurant. which will serve the arc~ and wockers, and A hotel whict -.i~.l cause a considerAUle amount of traffic. Paul :~inyer stated the trafFic atudy for the Bauer Ranch included the impact uf thi:.~ development; that the Wallace anu Aouglas pcoperties are prepariny new EIH's including extensive I.raific studies, but the impact created by this particular. c3evelopmc:nt in no way changes or arner~ds the Bauec Ranch EIR and traffic imr.~act. He explained tt~e SAVI Nropt~rty was included in those studies; however, tt~e Uak Hills and Wallace properties were n~t and if increased densities are appcoved for ~hose praperties, ~bviousl,y there will be a problem, but a~ long as the densities do nnt exceed those stated on the Gene~a.l Plan, there will be n~ problem. C~mmissioner Bushore st~tea A lot of t:ade-offs have beer. a;lowcd an this property to allaw ttie specific number ~f residential units. Pau2 Singer stated the en:i~e ranch ir~ still wikhi the :;cope of L•he EIR, so nothing is exceeded at this time, but once Oak liills and Wallace ccmes in, ~ome additiona' i provements will be requirec! in ordQr to accomm.~date the capacity. ACTION CONTINUED.: Commassioner H~rbst offer.ed a motion, seconded by Commissioner Ery and MOTIUN CAP.'2IED (Cortunissioner La Claire absent), Ghat the Anaheim City Planning Cc~,nission rj~~s hereby grant waiver of Code re~quirement for maximutn t,uilding hrsght oi 2U feet for the restaurant on Lots 1, G and 18; 3U feet for the financial institution (Lots 2, 5 and 18); 30 feet far the research an.~ development buildings (Lota 7, 8, 9, 11, 12, 13, 14, 1`.~, .~, 17 and 18); 50 Peet f.or the 3-story office buildings (Lots 2, 3, 7, 8 and 9); 63 feet for the 4-story offi.ce buildir~gs (Lot~ 1, 2 and 5) and 52 feeG for ttie 4~story hc~tel (Lots 1, 2 and ?~n khe basis khat there are special circurnstances applicable to L-h~ ~roperty such as size, sha,e, topugraphy, lncation and surroundings which do not apply *_o other identically zoned prope~ty in the same vicinity; and that strict applicatio~ of the Zoning Code depcives the propertx of privileges enjoyed by ot:~er properties in the identical ~onp and classification in the vic:nity. Commissioner Herbst off~red Resolutir,n No. PC84-51 and mo~ed fo[ its passage and adoptio-~ that the Anaheim City Planning Commission daes hereby gc~nc C~nditional Use Permit No. 7541, in part, pursuant to Anaheim Munic;ral Coue Sec.tions 4/16/d4 MINUTES, ANAH~IM CITY PLANNING COMMISSION,L APRIG 16, 1984,_ 84-201 18.U3.030.030 through 1~.03.O~O.U35 and subject to the pelitioner's ~tipulntion h.hat a covenant shall be recotded re~tricting the height limita on certain parcels a8 stipulated above and subject to Interdepertmental Commiltee r.ecommendationa. Jack White ~tated an addition should be made reyuiring th~t ~he CCbRs for sub~ect pcapecty Enall be ceviewed and appr~ved by the City Attorney's GEfice prior to cecordatiun and that ~he m~tiximum building heiyhts Eor any structures on any pacce.la within subject property aha.ll be limited eo the followiny respective heights for ~~ch parc:el and that the heiyht limita sh~ill be incorporated as lieted in Para~~rnph 17 ot the stA[f cepork and furthec ~hat the property ownets stia~ll record a covenant to b~~ enforceable hy the City in a torm as ~~pproved by the City Attorr~ey's OffirF so limiting the maximum building heights for each such parcel. C~n~missioner NerFi~t added that tt~e ures tu be included in the R& D projecl~, should be included i~~ the r.esolutian and shall include the stipulation that thcre r~hall be n~ retail sales. Jack White askf_~d if it is the Commission's intenr.. to alao, by way oL covenant, limit the uses to those list~d in tt~e staff r~part for tl~f ~;. D buildings. Commi~sion~~~ Hert,st stated it is his intent and if the petitioner wants to request othe uses in the future, they cou'_~ submit a request foc cpview hy tt~e Planning Commfs~i.~n. Jack White stated in the existing proposed Interdepartmen~al .:ommittee cecommendations, there is no condi~ion that limits the uses to tho3e speci£ied in the stafE report. He sugge~tea an addition~31 con~:tion limiting the usNs of the p~rcels developed with R& D buildings t~~ tt~e lisr as set Locth on P~ 1~-h and 12-i of the staff ceport and ra covenant wi.ll t,.e recorded in a form apF~roved by the City Attorney's Uffice so limitiny the use~ of those parcels. On roll call, the fore~7oiny r~:~olution ~.~as p~ssed by ~he fallowing vote: AYES: BOUAS, BUSHUR~~ FRY, HERBST~ KING, 1~IC BURNEY NOES : NOP7E ABSENT: L:~ C:LAIR~ ITEM NG. 13. EII: NEGATIVE DECLARATlON AWD CONDITIONAL USE FERMIT N0. 2549 PUBLIC HEAFING. OWNE,RS: W.C. A::ll FHYLLIS E. McCALL, 1120 W. La Palma Avenue, .;naheim, C~ 92~01. Property des~:ibeG as a rectangularly-shaped parcel of land con ~sting of approximately 6375 square feet, 415 Snukh Kroeger Street. To perr~~it a 6-unit senior citizen5 apartment complex in the RM~1200 Zone. ~ontinued from Apri1 2, 1984. There was no one in~iirxting t:heir presence in opposition to subject request and although tt,e statf ~eport was not read, it is referred to and made a part of the minutes. 4/1' /84 MINUTES, ANAHEIM CTZ'Y PLANNI.NG COMMISSIUN, AP~IL 161 1984, 84-202 Greg l,e Bon, Pcoject Desigr~er, 1426 North Burton Place, Anaheim explained thia ma~ter was c~nti.r~ued from the previ~us meeting in order for the City Council to meet with t~~e Senior Citi2en ~ommission And Planning Commiesion to discuas critecia for senior citizen houainy. He stat.ed there was some neigt~borhood concern about this particul~r project in their neighborhnod and ~s a r.esul~, he did an analysis of this neighbort~~ud to ~ee if it would be conducive to senior citizen housing and found that tt~e past kenants had had no prob.lems with burglaries, robberie~, rape or. ~cimes of tha~ natur.e. He ~tated he b~lieved the neiyhbochood is in a rr~nsition and it is delicake as to which direction it ia going ' ~~at there is an apartment project propnsed across the street whic. enhance the neighDorhuod and heJ.f~ buEfer their view of thc railroad kr~~. Hu stated they reviewed the acce~sibility t~ `he bus system and there is a bus every 'l0 minutes, two blocks north on Lincoln. He stated they will be pcoviding extra ~ecurily f.or this project and yarage doot op~ners. Concerning parking, he stated tt~ey fe~, one cpace per unit w~uld satisfy the parkinq need~ and they assume if two people did move into a unit, it would be an exception and if hhey both worked, probably would not want to live in this unit and p~in~ed aut this will be t~~using fo[ law-income people and pointed out there is a need for seninr citi2~n houaing in this neigliborhood. Tl1E PUBLIC HE:ARING WAS C[.OSEQ. Commi.ssioner Herbst asked iE the petitioner had considered low inccme apartments on this property. He stated he could not agree that this i~ a suitable site for sen,ior citizen housing and not.ed thE, City likes to have grocecy ~,tor~s, ,~harmacies, and even some medical ~:~.lces within walkinq distance uf senior cilizen projects, but in this location the people would have to drive or get on a bus. He stated the proFerty is suitable for apartments, however, and sugyested the petitianer review the situation foc either low income housing Aparl•ments or standard apartments that meet Che Code requirements. He stated he w~uld I~ave nn objections to apartments, but did nut think a senior citizen complex would be suitable and did not think this pcoject cnuld come any whece close to meeting thE ordinance being proposed. Mr. Le Bon stated they did do some preliminary p.lanniny for standard apartment units, but experienr,ed econortiic burden because parking requirements are higher, etc. and did not think it would be as fe~sible so proceeded wi~h th~ Eenioc cit .en concept and stated maybe it was a little premature with regard to the neighborhood~ but to provide standard apartments wa~ld be quite difficult. Commissioner Herbst stated he did not belxeve it would be ui~Picult to builci standard apartmF~nts because there haue been uther lot: of this size with regular apartmenc com~lexes and he thought t:he petitioner should canside~ star,aard apartments. Gcey Hastings, As~istant Planner, stated there is a possibility a variance would not be required for standard apartments and the current zoning allow~ 5 units; however, yiven the parking situation, they would probably bc~ ab3.e t4 provide 4 units. 4/16/84 MINUTES, ANAHEIM CI~'Y PLANlIING COMMISSION, APRIL 16. 1984, 84-203 Jack White, Asaintant City Attorney, etated 1E this was not done as a aenior citizPn project, it would n~t reyu±:e a cunditional use permit, but it might requice variAncea if i~ did nol mee~ ~.Jvelopment ~tanda~ds for the zone. Reaponding to ~ummiacioner Bust~ore, Mr. Le Bnn ~tated they a~e ~ c3esign/build firm, but did nat know if they would actually be bui.lding ChE~ units. fle stated they have had r;uite a Lew of thc~se sen~oc citi~en E~rojects approved and usually the projects ~re larger and furCher exp.lained none have aetu~lly b~en built as yet, but ~ne is proposed in ~anta Ana. Commissioner Bushor.e stated he is still concerned about the 6 parking apaces for these units and was ~lso concerned ~t~out the atairs Lor senior citizens. ACTI~N: Commissioner Herbst nffered a motion, seco~uFd by ~nmmis~ioriec King dnd MUTION CAkR1ED (Commisaion~:r La Claire afa~pnt), tiiat tti~ AnahF~im City Planning C~~mmission has reviewed the proposal t~ permit a 6-unit senior citizens apartment ~omplex in the RM-1200 (Fesidential, MultiolE-Familv) Zone on a rectar~gularly-shAped parcel. of land consisting of approximately 5375 square feeC, having a Erontage of. approximately 50 feet on lhe wesl side oE Kroeyer 5treet, and furthe' dec~crlbed as 415 Sou;,h l~roeger Street; and does hereby approve the Negati.ve Ueclaration upon findiny that it has considered the Negative Declarati~n to9ether with any comment_ received during the public review process and f.urther finding on the basi~ of the initial Study and any comments received tt~at ther~; is no substantial evidence that tt~e ~roject will have a siynificant efEect on the e m~ironment. Cnmmissianer Herbst offFred Re:~~lution No. iPC84-62 and moved for its passage and adopl•ion that the Anahcirn City P2anning Coinmission does hereby c?Fny c:anditional Use Permit No. 2549 on the basis ttiat the proposed new ordinance for seniar citizen projects will have cArtain crite:ia whict~ this project would not meet, such as uhoppir.g and medical facilities being withlr, walkinq distance, and transp4rtation facilitie, nearby and on the basis that the pro~o~ed use would adversely affect the adjoi~ing land uses and growth and development of the area which is proposed to be located and woul.d be detri~nental ko the pe~~~, health, safety and genecal welfare of the citizens of the City of Anaheiro. On roll call, the foregoing resolution was pas~~d by the following vote: AYES: BOUAS, BUSHORE, FRY, tIEkBST, KING, MC BURNFY NUES : NOt~E ABSENT: LA CLAIRE JacY, White, Assistant City Attorney, presented the written right to appeal the P~anning Commission's dpciFion within 2'l days to the City Council. chairw~~nan Bouas stated she thought this is a gaod concept and she hoped the petitioner wi~l be able to find anottier location for it. ITEM N0. lA. EIR NEGATIVE; DECLARATIQN RECLASSIFTCATION N0. 83-84-23 AND '~~IANCE N0. 3384 PUBLIC HBAPING. 0'wNERS: DON C. AND TAMIRIS DUKE, 3538 W. Savanna Street, R.~aheim, CA 92804 aiid DUANE FREDERICK ANU SALLY ANN PETERSEt~, G00 S. Nutwood, Anaheim, ~:A 92804. AGENT: JOHN KING, 19522 Independence, Lane, Huntington Beach, CA 92646. Property is described as a•rectangularly-shapecl parc~el of t fl.,.~ r.nr,c: nf; nn nf aenrn'timatelY ~.78 dCLE. 35~a W. Savanna Street. MINUTGSy ANAH~IM CITY PLANNJNG ~OMMISSION, APRIL 16. .1984, _ 84-204 RS-A~43,000 ko ~he RM-1200 Waivec$ oE: (~) maximum structural height, (b) minimum Eloor ACBA~ (c) minim~m landeca~~ed aetback, (d) pecmitted enccoachment into cconC yard and (e) ~ermitced l.ocation of tsndem parkin~ spacett to construct a 28-unit apartment complex. Continued from April 2, 19f~4. Ac:TION; CommLssionec King oEferecl A motion, seconded by Commisaioner ~ry and MU7'ION CARRIGD (Commissioner La C.laire absenk), that consi.deration oE the ~atorementioned matler be continued to tl~e reyuis~rly-scheduled .neeting of Apcil 30, 1984. I'I`~M NU. 1~. cIR NEGATIVE DCC~,AFtATION, CONDI'I'IONAL USE PERMIT N0. 2547 PUBLIC HEARING. OWNEltS: ANN PRENTICE, 11U1 Reseda, Anaheim, CA 92806. AGENT: MUE3IL OIL CORP., P.O. DoX 2211, Tustin, CA 92690. P[opeCty described as an irteyularly-shaped parcel of land consist.ing of approximately 0.5 ac~e located at the southeast cnrner of Lincoln Avenue and SUnkfst Street, 2500 E. Lincaln Avenue (Mobil Service Stakion). 7~o construct a convenienc~ marke;: with gasoline sales and aff-sale beer and wine. Continued frum April 2, 198A. There was on~ persan indicating her presence in oppositian to subject request. and ~lthough the stafE report was not read, it is referred to and made a~ar.t of the minutes. Don Robbins, P. O. Box 2211, Tustin, agent, ~.<~~lained Mobil is groposing to demolish all improvements on the site of the existi.ng service station an~ ko rebuild a self-service facility with a snack sho~. He explained this would be about one half the size of Arco AM & PM markets which ace located in the City. He added that feel khis is an upgrade foc the City and it will be a modern facility and other cities where they have been con~structed, have been very happy with the use. Ann Prentice, owner, stated she is ogposed ta this request because when r~he leased the property to Mobil, it was ~trictly for gasoline and she had the choice of the type oE building to be constructed and now they are going to demolish the building and she is oppoaed ta har•ing beer and wine sold from her ~ropecty. She stated she telt she should have samething to say about what is built on her pcopetty. Mr. Robb:ns stated t~e was the real estate ayent involved when th~ property was leased from Ms. Prentice some 15 years ago and she is making a point that Mobi1 does noL• hav~ full use af the property and he has checked with theit legal departmeot and has been told that the lease does a11ow them to do this. He stated she Assigned certain rights to them and has been receiving rental from them for these years and now that they want to upgrade the ptope:ty, s:~e feels this is a chance to get more money. 4j16/8~ MINUTES, ANAHEZM CITY PLANNING COMNISSION. AFRIG 16, 1984, 84-205 Ne refecCed ta the conditiona and atate~ Mobil doea accept 20 uf krie 22 conditiona t howevec, thwy ob ject Co the fact Lhat tFiey I~AVe to get the property ownec to oubmit a lottc~r t~ the Ci.ty re<~uesting r.erminat{ ~n of thc exi~ting ccrnditiur~nZ use permit aa a requirement uf C:ondi~ti~~~ No. 8 h~er.auHe under the circumatances, th<3y do not Leel ahe will Ue willing to do it. !ie refer~~d to i;ondition No. 2 concErning cloflure ~~E the c~rivewayo on l,incoln and ~unkiet and stated it ir~ their position because of the configucati~n, they would Eind lt canvenient to us~ two drivewaXs on une ~treet and propoe~e to keep the two drivewny~ open on I~incoln and clo3e tt~~ drivew.~}• nearest the intersecl•ion on Sunkimt. THE PUBLIC HEAI2ING WAS Ci~OS~D. Paul Singer., TratEic Enyinecr, stal-eci tt~at it has been documented many times dcivewaya closest to c~rners cause collisions and since the ~ervice station is goiny to be totally demolished, the new conEigurotion of thc pumps can be arranged in such A way L•hr~t total circulat~on can be accommodated on thts site t.a peovide for cor~venient acc~,s and circulution through and around the ~umps without the need for driveways ttint cloae to the intPr~ection r~nd Eor the ~ake oE safety, he would highly Gecommend thc drivew~ys bcing closed. He r,tnted the atandard ~eyuirement throughout the Coui~ty is thAt ~ drivaway sh~uld not be clo~er than 11U feet to the ilow line oE ttie opp~sing street on any arterial street. .lack white, Asaistant Ci~y Attorriey- respon~ied to Commissioner Nerbst that the circumstance~ here are thAt ttie lessee is submitking the aE.plic~tion with the underlying leasor ~eing oppused to the applicatian and that doean'c happen very often, but the law is such L•hat now where the r:ode require.: that the a~plication be tiled by the owner ot the property, ca4~ law lias held that the lessee of the property ic tt~e owner of the pcoperty for purposes of s~bmitting a conditional use pecmit applical-ion and he would he of. the opini.on that tt~ lessee, being the owner fcr purposes of application, would also be the own~~r for purpose: for submittiny the letter for termination of the existiny pe~mit. Jack White stated the approval oc disappcoval of a eonditional use pecmit shculcl nol• be deemed by either the leasur or lessee as being the position of tl~e Cily as to any particular covenants contained in tl~eic lease agceement as to L•he right of the lessee to u~e the property for purposes requested in the application. Chairwoman F3oua3 askEd if the petitioner would be willing to not sell beer and wine. Mr. Robbins res~onded they would prefer to have the right to sell beer and wine. Commiasioner Bushore clarified the petitioner was ar+ace that the Planning Commissi~n typically denies such applications. He continued the other problem the Commission has had is to detecmine whet~~er or not this is the right locatian for a convenience market and whether c+r r,ot the size of the site meets the criteria and it is ~,~teresting that even though it is not a convenience store and is not o~en 24 hours a day, Ralph's market in that location is moving because it has nc~t been a good .location for a market. He atated during Mr. Robbin's presentation, h~ did not indicate any need for ~his type ~acility in this location and it has been the opinion of the Co~nmission d/16/89 MINUTE5, ANANEIM CI'1'Y P1,ANNING CUMMI55ION~ APRIL 16, 1984. 84-206 in the past that thia type of convenience mnrket is not really a use the City appcecietea, so he would not be in favor of. thic application. He s~ated the City doer ndt like convenience markets wi~t~ gaeoline aalea in the Eirat place and definitely doea not like tl~e idea uf: the aal~s of beer. nnd wine in conjunction with that use. Mr. Robt,ins stated the Rtatf report m~kes the Cammiseion's view~ quite c1eAr. i4CTI0N: Commiasioner Busho~e oftered a motion, seconded by comrnl~si.oner Kin~ and MU'1~IUN CAEtR1EU (Commissioner La Clnice absenC), eh~tit the Anaheim City Planniny Commis~ion has reviewed the E~ropoAal to conetruct a convenience mArket with gasoline sale~ and of.f-sale beer and wine ~~~ an irregularly-she~ec~ parcel of land consi~ting oF appcoximately U.5 acre located at the ooutheast corr~er of Linculn Avenue and Sunkir~C Sr.reet ~nd further described aa 25Q0 F.. Lincoln Av~nuet and does hereby ~pprove the Negative Dec.lnralion upon finding that it has con~idered l•he Negative Ueclaration togethec with any commentG received duriny the ~ublic review procPSR and furthec finding nn the banis of rhe Initial Study and any comments ~eceived khat there is no subst~ntial evidence that the project will have a significant eEfect on the envicunmenl•. Cammissioner F3ushore oEieced Resc~lution No. PC84-63 and moved fnr it~ ~~assage and adoption that thF Anaheim City Planning Commis~ion does hereby deny C~nditional Use P~rmit No. 2547 on thE_~ Daais that the location is n~~t suitable for a convenience market with ofE-~a]e beer and wine and khe ~ale of gasoline in conjunction with off-sa1P of i~eer and winc: ls not app~opriate and the use would r,e detrimental to the peace, health, sa£ety, and general welfare ot the citizens of the City of Anatieim. Un roll call, the foregoing resolution was naased by the following vote: AYES: BOUAS~ BUSHORE~ FRX~ NF.RF3S:', KING~ MC BtIRNEY NUFS: NONE Af35ENT: LA CLAIRE Jack White, Agsistant City Attorney, N~esented the writ'•en tight to appeal the Planning Commission's decision within 22 days to the City Council. I'PEM NU. 16. EIR NEGATIVE 1)ECLARAZ'ION AND CONDITIONAL USE PERMI't NU. 2557 PUBLIC HEARING. OWNERS: ROBERT K. WALKER, ET AL, I9U1 E. 4th Street, Santa Ana, CA 92705. AGEN''i~; MOBIL OIL CORPORATION, 3655 S. Soto, Los Angeles, CA 90058. Property is de~cribed as a rectangularly-shaped Narcei ~f land consisting of approximately 0.76 acres locat•ed at the southeast curner of Lincoln Avenue and MagnoliA Avenue, l0U South Magnolia Avenue tMobil Service 5tation?. To permit a cunvenience market wikh gasoline sales and off-sale beer and wine. There was no one indicating their presence in opposition to subject request and alkhough the staff teport was not read, it is referred to and made a part of the minutes. 4/16/84 . . . . . . ~ ..... .~~wk .y MINUTE5, ANAHEIM CI7'Y PLANNING CUMMISSION, APRIL 1G, 198A. 84-207 Jim Huntsberry, 3509 Saint Sus~n Place, Los Angplea, Ca?.ifornia, ag ~nt, explainEd Cheir a~plicati~~n is to reviPw an existing facili4y on th e inte:ior by pcoviaing shelves tor snack il•ums which they call 'impu~se" item s such as candy, chips, nuts, sott d[ir~kc, etc. He explaine~ they intend ro l~ave the facilit.y as it is Mith tt~e ~umps in tt~e ~ame alignment r~nd they will onl.y b~ addin~ shelvinc~ and ~ refriyeraiion uni~j that ehe snbck food area ia only 35l square Eeet which is very small and limited And they could not expa nd their product line even if they wanted ta. He reirrrecl to the condltionr~ proponed and stated tliey would object -_u th~ c~ndition ceyuiring clorure ~f the driveways ner~cest the intersection anc~ explain~~d in this applic:ation khey are not complet~ly demo:istiing the existiny f.acility ac in the previous hearing. THE PUEiLIC HE:ARING WAS Cl,(~S~;U. Commissioner Hect~st asked about Che sale of becr and wine. Mr. Hun t~bcrry replied tt~ey do propose to sell beer ancl winP xn the facility and ttie reason for the snack rhop and bc~er an~1 wine sales is that in this parr_iculdr location, they ~re proposing a fu.ll sel.t-service facility and there is no other means far pr~fit for tt~e dealec and in today'~ climate, the iridependent dealer has had a difficult time surviving becc~use of competition a n d there is a need foc an alkernate prafit center. Commissi.oner Her.b~t stated the petitioner had indicated the snack s ho~~ will bc providing "impulse' itertis and L•hat is c~ne of tt~e problems he tias wi th this type use because the driver couJ.d purchase thc beer and drive away and drink on the way and he is opposed tn thaL. He stated he does not think wlne and beer ai~d yasoline sales mix and the law enforcemenk. agencies have t~een trying to tell us that Lor a long t:me time and sti.ll the oil companies a r.e insisting on putting ttiem toyett~er. He stated he felt the oil companies shou ld be opposed to this because it does causE accidents. Eie stated the Commission has been drastically oppuser.i to thia and as lc,ng as he is on the Commis slon, he will not vote for on~ of these. He suggested a snack bac without t he beer a:~d wine. Mr. Huntsberry stated he agrees that liyuor and driving do not mix, but a person's buying habits cannot be legislaled and if a pers~n chaose s to have a beer or a glass of wine and drive, he would t~aye that opportu~ity i n cestaurants, bars, etc. or could purchase it at supermarkets and li quor stores. Conunissioner Herbst stated the customec would be there to buy gaso 1 ine and if they had to make anott~er stop, the chances are they would not do it , so thia just makes it too convenient. Commissioner Bush~re stated the petitionEr said that comperition d ictates that in order for the dealer to make it, he needs another source of prof it and tha~ is not really the owner's fault, it is the oi2 company's fault bec ause thQy set the price the deal~r payb and competition sets the price he se 11s the gasaline fnr, but if the oil companies can keep the dealec's prof i ts Up through other means, they can artificially inflate the price of c~a s oline. He stated one year ago the Commission ~as concerned with convenience markets and gasoline sales, creating two totally different businesses on the s ame property, end related an incident he had had at a self-service sta tion in Lodi where he had filled up with g~solire and o~served a young person paying for 4/ 16/84 MINUTCS,_ANA_H~1M CITY pLANNING CUMMISSION, APRIL 16, 1984, 84-208 g~soline and bPer and it was obvioufi he waa under a~e And he thought that waa Jur,t a little tao convenient and ag~in he went to tt~e same ~ervice station and ob~erved s womun who purchaaed a package of. cigerettes and immedirtelv went nut to the pum~s and lit a ciyarette beCore pumping gasoline. He stal•ed Alcohol and driving do not mix and tie was disaF~nointed because thN Mor.herc Against rieunk privir~g were not present in o~pooition to this request. He stated the ~etitioner shuuld either sell gasoline and incidental items or they should sell beec and wine. tie added there are olher alternative ways Ghe dealer can make a profit. C:hairwoman I3ouas asked iE the petitioner would be intereatecl in the permit without the sale of beer and wine. Mr. tlunt~bercy stated they would prefer beer nnd wine sales, but wpuld en~ertain an ap~rroval wil•hout bc~er and wine, hut not to close r.he drivewayr. Pau1 Singer stated r.he driveways cloEest h.o tfie intersection are very hazArdous to traffic and ~hauld not be permitted within )10 Eeet ~f an intersection and noted this is a very bu~y intersection and twa driveways ace a real problem, Iie stated tic will ~lways try t.o convince the Commission of. the fact l•hat people do gct hurt in accidents due to khe convenience ot the two drivzways. Cc~mmis,sioner Bushore stated it totally am~zes him kh~at gasoline com~panies keep coming in ~nd saying they can't. make it on the E~rice ot yasuline a.lone and wank to aell everyl•hing els~ they can with it and the Traff.ic Engi.neer has studies in hi~ office to prove thal the driveways are dangeraus and the petitionecs don't want. to r_lose the driveways btcau~e 1t :nay c:~st ~FIE':I1 mor.ey. He stated the Commisaion i~ empowered to protect the health anci safety of the public and the petitioners totally disregard that fo~ the almighty do11Ar. Le added he considers this totally irresponsible. Mr. Huntsberry stated it is not the cost of closing the driveway, but ttiese are independenk businessmen who operale these facilities and ~hey lease the property from Mobil and it Mobi1's j~b to try and make sure they can make a liviny and khat they firmly believe the driveways are important £or the success ot the business. Commissioner Bushore asked if the o~erator was the one who requested the sale of beer and wine oc whether it was Mobil. Mr. Huntsberry responded the operator would have to request it thcough the Alcoholic Beverage Co ntrol Baard if khe CUP is approved and added the operator would li.ke to have beer and wine. Commisaioner Bushore stated he cauld not understand why the opecator is not here to make the presentation and maybe he would like the driveway closed. kesponding to Commission2r Bu3hore, Mr. Huntsbercy stated he did not think the operator would want t.he driveway closed. Paul Singer stated at a recent City Council meetirig when another service stati.on was up fer discussion, the owner said he felt Che driveways closest to the intersection were dangerous and he would close them even if ne did not receive the conditLonal use pecmit. 4/16/84 M_INUTES, ANANEIM CITY PtAt:;:2NG CaMMISSION, APRIL 16, 1984~ 84-209 ACTION; Commieoioner Florbat oEfered a motion, seconded by Commi~sioner King and MUTION CARRIED (Commissianec I~a Claire absent), thnt the Anaheim (;ity Planning Commi.esion has review~d the proposal to pcrmit a convenience market with ga3oline eales and ofE-aale beer and wine o~ a cectt+ngularly-ahaped parcel oE land consisting of rappcoximately 0.76 acre located at thc~ southeast cornec ot Lincoln Avenue and Magnolia Avenue and further d~rtcribed as 100 South Magnolia Avenuet and does hereby approve the Negative Declaration upon finding that it has con~iderec9 the Negative Declsration togal•:~er with any comments r~ceived during the puhlic review procet~s and further finding on the basis of the Initi~l Study and any commNnts received that ther.e is no substantial evidence thar. the project will hr~ve a significant effect. on the environment. Commissioner Herbst offered Resulution No. PC84-G4 and moved Eor its passag~~ and adoption tt~at tt~e Anaheim City Plr~nning Cortimission does hereby grant Condikional Use Pprmit No. 25~7, in pact, permiCting the convenience markel with yasoline sales, but deleking the right for off-rale F~eer and wine and i.ncludiny the requirement thdc the dcivew~ya closest to the inte[sections of L,icicoln and Magnolia be closed and subjec~ to Interdepartmental Committee tecommendations. On roll call, the £oregoir~g resalution wAS passed by the following vote: AYES: BOUAS, BUSHORE, FRY, HERBST, KItJG, MC RURNEY NOE5: NONE ABSENT: LA CLAIRE .Tack White er.plained the cunditions were a.ll approved, includiny the one that the ~3rivewA,ys be closed and if the permit is to be exercised, it will be required that the Traffic Engineer's rPcommenclati~ns be satisfied. Jack White, A~sistant City Attorney, presented the written right to appeal the Planning Commission's decision within 22 da}~s to the City Council. RECESS: 3:05 p.m. RECONVENE: 3:15 p.m. I'1'GM NU. 17. EIR NEl;ATIVE DECLARATLON AND GENERAL PLAN AMENVMENT N0. 193 PUBLIC I.;EARING. OWNERS: WCS INTERNATIONAL, ATTN: GEUR~E ~DAMS, 3200 E. Frontera Street, Anaheim, CA 92806. Property is described as a rectangularly-shaped parcel of land consisting of approximately 2.8 acres (Paccel A.) 1.9 acres (ownEr initiatedl located south of the Riverside Freeway and 103U feet east of the centerline of Glassell ~treet; and, (Parcel B.} 0.9 acre (City initiated) located south of the Riverside Freeway and I750 feet east of the centerline of Glassell Street. To change the curcent General Open Space designation to General Industrial. It is the intent of k,he property owner ta expand the existing resource recovery and recycling center. It is the City's intention to bcing the land use cle~ignation into conformance with the existing zoning and land use. 4/16/~4 MINUTES, ANAHEIM CITY PLANNING COMM:SSION, APRIL. 16, 1984, 64-210 lt w~s noted the Plannin~ ~txiE recommended c~ntinuing sut,ject petiti~~n ko Che meeting uf A~ril 30, 1984, for ceadvertiaing. ACTION: Commi~aioner King offer~~d a moF.ion, secanded by Commissioner Fry and MOTION CARRIED (Commissioner La ~laire bb8ent), that consid~ration oE the ator~mentioned mattec be continued to the meeting of April 3~, 198A, At t.he reque~t oE Planning ~tat'f, Eor readvertising. ITEM N0. 1H. FIK NEGATIVE U~CI.ARATION, kECLASSIEICA7'IUN N0. 83-84-15 READVERTISEU) pUBLIC HEARIMG. OWNERS; WC5 IN7'ERNATIONAL, ATTN: GEORGE ADAMS, 3200 E E~'rontera Street, Anaheim, CA 92806. Property described as a rectangularly-shaped parcel oE land concisting of approxim~tely 1.85 acres, StreeC, t~aving a Lrontage of approximately A76 fe~t r~n the ~outh side of Frontera Street and beiny lc~cated approximately 2,OOU feet east of the cente[line of C~lassell Slreet. ftS-A-43,UUU (R~~idential, Agricultural) 7,~ne t~ tt~e ML (lndustrit~l, LimitE~d) 7one lo expand % resource recovecy and recycling opecation including an automobile diemantli.ng busineas with wh~lesale and retail sales of auto parts. It was noted the ~lannirig staff recommended c~ntinuing subject petition to tt~e rtieeting oE Af~ril 3U, 1984, in order to readvertise. ACTIUN: Commissioner King ofEered a motion, secondrd by Commis~sionNC Fry .:nt9 MOTION CARRIED (Commissioner La Claire absent), that consideration of the afocementioned matter be continued to the cegularly-scheduled meetiny af April 30, 1984, at the request of the Planning staff, for readverlising. I't'E;M N0. ly. EIk NEGATIVE DECLARATTON AND CGNDITIQNAL US~ PERMIT NO. 2525 SREADVERTISED) ~~ PUBLIC HEARING. QWNERS: HULLY W. DAVIUSOIJ, P.O. Box 325, '.~iualoa, HI 96725 and W~S INTERNATIONAL, 3200 E. E'rontera Street, Anaheim, CA 97.806. AGENT: ORANGB (:OUN~.'Y STEEL/SALVI~C;E, INC., 3200 FrontPra Street, Anaheim, CA 92806 and GEORGE ADAMS, 3200 E. Eron:.eca Street, Anaheim, CA 928C6. ~roperty described as an icregularly-shaped parcel af land consisting of approximately 8.2 acres, 3200 East Frontera St:eet (Orange Counly Ste~~l Salvage). ACTION: Cortunissioner King offered a motion, seconded by Commissioner Fr.y and MOTION CARRIEd (Commissioner !.a Claire absent?, that consideration of the aforementioned mattec be continued to thE regularly-scheduled meeting of April 3U, 1984, at the request of the petitioner. IT°M NO. 20. EIR NEGATJVE DECLARATION AND CONDITIONAL USE PERMIT NO. 2559 TtUBL2C HEARING. UWNERS: HOM~ OF THF. MINISTERING ANGEL, DORIS GIBSON SMALL, 1].1 W. 17th Street, Santa Ana, CA 92706. Proper.ty described as an irr~gularty-s~h~aped parcel of land consisting of approximately 4.3 acrea located a~proximately 300 feet southerly of the intecsection of Arbaretum Ro~d and 4uintana Arive, 233 Quintana Drive (Home of the Ministering Angel). 4/16/S~ MINU'I'ES1_ 1NA}1~.IH C17'Y PI.ANNING COMMISSION, APRII~ 16t 19A4, E34-211 To expand n Goarding and lodging home from 18 to 20 children. 'I'here w~~ no oiie indic~tiny their pre~ence ii- ~ppoaition Co cubject req~ec~t And a.lthough thE stafl re~act wna not read, it is referred ko and made a~Art of thr. minuteo. Uaria Small, owner, was pre~ent ~nd explained they ace prUparing to increase the occupancy of ttieir boacd and care Eacility for abused childrr_n fr~m 1a to 2U. 7'HE PUBLIC NEAftING WAS CL,OSEU. AC7~IUN: Commissioner King oEEered A motion, cecunded by CommisASonet Herb~t and MO't'ION CARRIED (Cc~mmissioner l.a Claire absent), that khe Anaheim City Planning Cominis~ion has reviewed the pr~poaal tc~ expancl a boarding and lodying home from 18 to 20 chi]dcen on an irregularly-shaped parcel ot land conaieting oE approximuLely 4.3 acrec~ located approximately 3U0 feet soukherly oE the interaectian of Arbaretum R~~~d and (~uintan~a Driv~ and further described as 233 Quintana Arive; and dr~et; t~er~by aE~prove the Negative Declr~ratian upon finding tt~at it has considered the Negative Decl~r~tior~ together with any commenta ceceived during l•he pu~.lic review process and further finding nri the bacfs of Che Initial Study and any commentr ceceived that there is no substantial evidence tht~t ttie pruject ~ill hav~~ a significant effect on the environment. Commissioner King offered Resolution Ma. PC84-65 nnd moved for its pa~saye and adoptior~ that ttie Anat~eim City Planning Commission does hereby grant Conditional Uve Permit No. 2559, pur~~iant to AnAheim Municipal Code Sections 18.03.U30.030 ktirough 18.U3.03U.035, and subject to Interdepartmenkal Committee recommendations. Un roll call, the foregoing resolution was pAS~;ed ~y th~ following vote: AYES: BOUAS, BUSHORE, FRY, HER9ST, KING, MC F3URtvBY NUES: NONE ABSENT: LA CLAIk~ ITEM N0. 21. BIR NEGATIVE DECLARATION ANb CUNDITIONAL USG PERMIT N0. 2553 PUBLIC HEARING. GWNE~tS: EDWI~TtD E. MATTHF?;S c/o EAR WEST SAVINGS & LOAN ASSOCIATION, 4U01 MacArthur Boulevard, Newport Eleach, CA 92660. AGENT: FAR WEST SAVINGS AND t~UAN A~SUC., ATTN: D. KEN'P DAHLKE, 4001 MacArtt~ur Blvd., Newport Beach, CA 92660 and JO ANN ZWANZIGER, 23?."s Golden Meadow Drive, Duarte, CA 91U10. Property described as ~n irregularly-shaped parcel of land consistin9 ~f approxima~ely 0.68 acre, and further described as 4581 Eisenhower Gircle. To permit an indoor baseball academy in the ML(SC) Zone with 30 parking spaces. There was no one indicating their presence in opposition to subject request And although the staff report was not read, it is referred to and made a part of the minutes. 4/16/44 IARI . ~ MINUTE51 ANANBIM CITY PLANNING COMMISSZON~PRIL 16~__19_f34, 84-212 Jo Ann 7.wanziyec, 2330 Galden Meadow, Ouacte, C~li~ornie, agent, stAked they are proposing a baseball/saEtball tacademy with 5 Aukornuted cages and 4 teaching cage~, warm-up area, two uffices, n conference room, a counter with small enack bar and a~ro :~h~E~ whcre they will ae11 bptt:ing gloves snd bats. She stated All l~saons will be by uppointment witti wAlk-in traffic ueing the 5 aut~mated cagE~s. E3rian T~nnFr, 4563 Ei~enhower Circle, ~naheim, stated the comments he has just heard about the ac~demy confirms his worst fears; that theirs is a publishing company next door on the east ~f subject propecty arid he thouyht the propoaed usE would cre~te a lot of' problerns. He stated they pub.lish aoupon bonks ~~nd some ot their clien~s are amu~ement centers where they do have :~atting cage~s and he knows they do cr.eate a tremendous amuunt of traf.fic and it is primarily young ~eo~~le. Ne stated he does nat ~nnw what their hourH of opertation will be, but with a snacE: bac and walk-in traff.ic, it wiil definitely be a problem. Commissioncr Pry asked why he thaught there wauld be a problem. Mr. Tanner recponded this is a buaineso park and tt~eir facility is used for a warphou~e and office space ai~d noted they already have a lot r~f prot~lerns r~yarding the value of the ~:rop~~cty beeause ~he develuper went bankcupt and left a lot of unresolved problems; that the addiCion of a batting cage in ~ light ind~ustrial area is actually a recreational ,:acilitx with wa1M:-in traffic; that the traffic situation iri the area now is totally unacceptabl~: that thcee of the businesses in l•his ar.ea ure their packi.ng aots fo[ sl-orage af theit products or eyuipmen~ and are parkiny an the street and t~e thougtit a recreational facility would just ac3d to the parkir-g F~roblem and the use is unacceptable because af khe ~.raPfic, trash, hours of oF~Aration, etc. Ms. 2wanziger stated this i~ not an arcade, that it is an educational type academy with Xouc ourstanding people in charge. SF~e noted there wi.ll be no trash outside and ttie only snacks will be soft drinks or maybe candy bars and the pro &hop will only h~ndle tt~ings like batting gloves, bats and maybe helmet~ whict~ will be used in the cages. She explafned only one person can be in an autamated cage at one time with one person waiting, so the maximum number ot people will be 18 with 4 inst::uctors so they will need 22 parking s~.aces and tiave 30. She stated it is set ~p for students from age 6 and older. THE PUBLIC HEARING WAS CLOSED. Respanding to Chairwoman IIouas, Ms. 'Lwanziger stated the hours of operati.on would be af~er school irom rnaybe 4:00 p.m. to 10:00 p.m. and on k~eekends it would be oQen From noan until 10:00 p.m. Commission~r Bushore stated he sees no problem with the haurs of operation, but was concerned because of the problems experienced with the expansion of the C:amelot Golf course and amusemP;~t center in an inaustria.l area wi.th parking and vandalism due to their hours of operation. He refec[ed to an article in the ne~+spaper statiny this use anticipates 30q students per day and felt that woulc] c~eate a prablem. He usked if thPy plan to have teams in for teaching. Ms. Zwan2iger replie8 they do nut intend to have 300 students per day. 4/16/84 MlNUTES, ANAhE1M CI'~Y PLANNING COMMISSIUN. APRIL_ 15. 1984_,~,_,_,_ __BA-213 C~mmissi.oner Bushore stated he aees no real problem with khis iisei that one wae just allowed on ?ast Street in an induatrial area and thece is one on Ar.~okhurst and it wa~ noted by Commissiuner King that lesaona will be given by appointment only. Cammissioner BuAhore ntated if it does bec^me a problem, the Commission can review it. Ne painted out to Mr. xanner t~:~t he can reporC the neighbor~ who ace using the Parking areAr~ fac storage to the City's Code EnEnrcQment O[ficer nnd thAt cfln be Ck'BA1VHd. AC'r10N: c:ommissionec King offered a motiun, seconded by Commissiuner Mct3urney (Comminsioner L~ Claice absent), that the Annheim City Planning Commiasion haa reviewed the proposal ta f>ermit an indoor bASeball academy in khe ML(SC) (Industrial, Limited Scenic Corridar Overlay) 2one with 30 parking apacea an a irreyulacly-shapec~ pACCel ot land consiHting af appcoximately 0.68 acre, haviny a front.age of approximately 214 feet on the south side of. Eiaenhower Circle, having a maximum dr.plh of appcoximate:ly 158 feet and EurCher describ~d as 4581 Eisenhower Circle; and does hereby approve the Hegative De~laration upon Linding L•hat it has consldered the N~gative DeclarAtion together with any comments received ~lucing the public review process arid further finding on the bt~sis of ttie znitial. 5tudy anci any conunent~ ceeeived thak thece is no substankial evidence thaL• the pr~ject will have a significant eff~~ct on the er-vi ronnient . Cortunissioner King c~ffeced Resulution No. PC~~i-66 and moved Cor its passeg~ ~~~+: adoptic~n that the Anaheim City P].anning Comma.s~ion does heceby grant Co~-ditional Use Pe~mit No. 2553 subject tc, InGerdepactmental Committee recommendAtions. Comtaissioner Herbst stated he would vote for approval oE th~s requesf `~~ understanding that everything wi.ll be conducted inaide the facilit.y ~+ ~~ the understanding that the applicant thoroughly underGtands that lf ~: condi.tions are nah maintained, this conditional use per.mit could be w..: ~~~'~~~~~• On roll ~all, the foregoing resolution was passed by the following vs+~ AYES: BUU~4S, BUSHORE, FRY, HERBST, KING, MC BURNEY NOES: NONE ABSENT; LA CLAIkE ITEM N0. 22. EIR NE;GATIVE UECLARATION AND CUNDZTI~~NAL USE PERMIT I~C~. ::~`2 PUBLIC HEARING. ~WNERS: N. AkETTA hfERKET, ET hL, 3430 W. Brady ~4ven~:~„ Anaheim, cA 92804. 'Propecty described as a rectangularly-ahaped ~~Cr_e~ of land consisting of apptoximately 742ti square feeL- and fur.th~r de$:ric~e3 as 343~1 West Brady Aven4~. To convert an exi~ting accessery stcuctuce tc a second-family (~,ranny) unit. Thece w~s no one indicating their p[esence i~ appositior. to subject request and although the staff report was not read, it is referred t~ and marle a part of the minutes. Kathy Merket, 3430 W. Br~dy, was present to answec any quc:stionc. 4/16/84 MINUTES, ANAHEIM CI~'Y PLANNING COMMTSSI~~~PRIU 16,_1984, _ 84-21A THE PUBLIC HEARING WAS CLOSGD. Commisafoner King aokcd if the pe.'-itiuner h~,~ tAl.ked to the neighbor.s with Ms. Merket reaponding her mother-in-laa~ had discusaed it wit;h the neighbors and there was no oppoaitian ar Cr~r Fis s--c, knew, Jack White rPCUmmended a chAnr,e l.n t~.E~~* QCa:ff report, Page 21-a changing the authnrity to Government ~ode Sec:~i<,n 65~`>2.I instead oF Anaheim MunicipAl Code 5ectinn 18.U3.03U.UlU and or, P~ye 2~-c, ~:~ndition No. 2 modifying the condition to ehow the agc ae cY~4~nge~ t~~ 60 ko r.onf:orm to Government Code Section 65852.1 and tha-_ t.he conditton should be worded, "That the ownero of subject pr.operty shall ccstric~t Lhe occupancy of the granny unit ~0 1 or 2 persone, both of whom ~r.e~ 60 years oE age and older and shall record a covenant ayainst the ~~aopecty .3r~ reri:rictiny the occupancy of. aaid unit, and thut said c~venanl- sh~~ll be autrni:rt~d to th~ Pl~,nniny Depr~rtment for tcansmitral Co the C:ity Aktorney'a Uffice E~r approva.l ~nd CPV~@W prtor to cecordation." ACTIUN: C'ommissioner iCin~ uffered a mution, seconded by Commissioner Fry and MOTION CARRTEU (Commissiun~r La t=l.aire absent}, that l•he Anaheim City E~lanning c:ommission haG review~d tt~~ pco,~oF~al to convert an existing accessory stcucture to a second-~aonily l9[a~ny) unit on a rectangularly-shaped parcel of land con,sisting of appruxiniaCely 7425 square feet, having a irontage of aFproximately 55 ~eet on tt~ie south side of Brady Avenue and further described a~ 3430 West E3rady Avenue; ~nd dc~er hereby ap~rove the Negative Decl~ration u~on finding that it hac ccansicie~cd the Negative Decla~ation together with any com~nents received durin9 the ~>ublic review process ~n~ further finding on the br~sfs uf the Initial Study and any commentR ceceived that tt;ere is no substantial evidEnce that the project will have a~ignificant eEfect on the enviconment. Commiasioner Kiny ofter.ed Resolul•ion No. PC84-67 and moved for ils passage and adoption that the Atiaheim City Planning Commissian do~s hereby granC Conditional Use Permit No. 2552 pursuant to Govecnment Code 5ection 65852.1 and subject to Interdepartmental Comm.tttee recommendations as modified by Jack Whi.ke. On cvll call, the foregoirag resolution was passpd by the following vote: AYES: BUUAS, BUSHORE, FRY, HERBST, KING, MC BURNEY NO£S: NONE ABSENT: LA CLAIRE ITEM NO 23 EIR NEGATIVE DECLARATION, WAIVER OF CODE REQUIRzMENT AND CONUITIOhAL USE PERMIT N0. 2558 PUBLIC HEARING. OWNERS: JAMF.'S KENNETH AND MARION EVELYN DEMP~TER, 2121 Nyon Place, Anaheim, ~CA 92806. Pruperty described as an irregularly-shaped parcel of land consisting o£ apprAximately 7850 square Yeet and further described as 2121 Nyo:. Place. Ta construct a second-farnily (granny) unit with waiver of mi~fmum rear yard setback. 4/16/84 MINU7'ES. ANAH~IM_CITY PLANNING COMMISSIUN. APkIG 16, ~984,. 84-215 There was no one indicating their preaence in opposition to subject cequest and although the st~ff repart. was not reAd, it ia ce£ecred to ~nd made a pArt of the minutea~ Ken Dempster, ownec- W38 present to answer Any que~kiona. THk; PUBLIC HEARING WAS CLpSEU. Jack White recommended Che same two chanqes to the sL•aff r.e~ort as in Item No. 7.2; one ~eing the autl~ority changed to Gavernment C~de Section 6585'l.l and amending Condition No. 2. Commissioner Herbst asked if the petitioner had talked to his neiqhbors with Mr. Uempster responding he had talk~~d to the neighbors closest to the ~esidence ttnd they are all in Eavor. !~~TION: Commissioner hiny offered a motion, seconded by Commissioner Fcy and MU'1'ION CARRI~U (Commissioner La Claire ab~ent), tF~at the Anaheim City Planning Commis~ion has reviewed the propasal to construct a second family (granny) unit witt~ waiver of minimum rear yard setback on ~n ircegularly-shaped ~accel ot land consisting aE ~-pproxim~~tely 7850 ~quare feet, havinc~ a fruntage of approximately 48 Leet ~n the northeast side of Nyun E~.lace and (urther described as 2121 Nyon F'lac.e; and does hereby ap~~ruve the Negative Declaration upon ffnding that it t~as conaidered the Negative Ger.laratian together with any CORl1fIP.IItS received ~ur.ing the public review process and further finding on the basis ~f the Initial Study and any commenl•s receiv~~ that there is no substantial evidence that the project will have a significant eEf'ect on the environment. Commissioner KinU offerFd a mc~ticn, secunci«~d by Commissionec Fry and MOTION CARRIED (Commissioner La Claice absent), khak ci~e Anahe,'tm City Planning Commission does hereby grant waiver ~f Code requirement on the basis that there are r~pecial circumstances applicable tu the pr~perty auch as size, shape, topoyraphy, location and surroundingE whir.h do not apply to ~ther identically zoned pr~perty in the same vicinity; and that strict application af the 2oning ~ode deprives the praperty of priv::eges enjoyed by other propertiss in the identical zone and classification in ~t~e vicinity and subject to Interdepartmental Committee recommendations. Commissioner King offered Resolution No. PC84-68 and moved for its passage and adoption that ttie Anaheim City Planning Cammission doe~ hereby grant Conditional Use Permit Na. 2558 pursuant to Government Code Ser,tion 65852.1 and aubject to Interdepartmpntal Committee recommendati~ns including modif~^ation to Condition No. 2 to read: That the owners af sub~ect property shall cestrict occupan~y oF the granny uni~ to Z or 2 per3ons, both of whom are 60 years of age ~r older, and shall cecord a covenant against the property so cestricting the occupancy of said unit, and khat said covenant shall be submitted ~o the Planniny Department Department for trensmittal to the City Attorney's Clffice for approval and review prior to recordation. On coll call, the foreyoing reaolution was passed by the following vote: AYES: BOUAS, BUSHQAE, pRY, HERBST, KING, MC BURNEY NOES: NONE ABSENT: L.9 CLAIRE 9/16/84 ~ ~ ~ MINUTES. ANAN~IM CI'f_Y__~~ANNING COMMISSION, APRIL 1G, 1984. 84-216 ITEM N0. 24. EIR NEGATIVE DECLARATIQN, WAIVER OF CODE REQUIREMENT AND CONDITIONAL I',iE P~RMIT N0. 2556 PUBLIC HEARING. OWNERS; BRXAN INOU5'PRIAL PROPERTIBS, 1NC., 3340 OceAn PArk Dlvd., ~Anta Monica- CA 9U405. Property deacribed ae a rectnngulArly-shaped parcel of lAnd consisting of approximately 1.A acres, and further described ~s 2541 West -.a P~lma Avenue. To permit retail sales and r~ntal of Eurnikure in tt~e ML 2one with waiver of minimum number of pACking s~acea. There was no one iridicating their pcesence in opposition ta ~ubject request and although the staft rekort was not cr_ad, it is referred to and made a part of the minutes. Jim Graham, reptesentiny Budget Furniture Rental~, was present to anawer any quest.ions . THE PUBLIC NEARING WAS C~05ED. ACTION: Commiasioner King offered a motion, seconded by Commiasioner McE3urney and ~4UTION CARRIBD (Commissioner La Claire absent), that the Anaheim ~ity Planning Commission has reviewed the proposal to permit retail sales ~nd rental of furniture in the ML zone with w~iver ~f minimum number of parking spaces on a rectan9ularly-st~aped parcel of l~nd cunsisting of approximately 1.4 acres, having a frontage of approximately 195 ieQt on th~ north side of La Palma Avenue and furLher described as 2541 West La Palma Avenue; and does hereby approve the Negative Declaration upon finding that it has considered the Negative Declaration tnqether with any comments received during the public review process and further tinditig on the basis of the Initial Stu~y and any comments ceceived Chat there is no substantial evidence that the pr~ject will have a significant etfect on the environment. Commissioner King offered a mation, seconded by Commissiuner McBurney and MOTION CARRIED (Commissioner La Claire absent}, that the Anaheim City Planning Commission does hereby grant waiv~r af Code requirement on the basis khat the parkfnc~ waiver wi11 not cause an increase in traffic congestion in the xmmediar.e vi.cinity n~r adversely affect. any adjoining land uses and granting of the parking waiver ~~nder the conditions imposed, if any, will not be detriment~.al to the peace, health, safety and general welface of the citizens oP the City of Anaheim. Commissioner King oLfered Resolution Nc~. PC84-69 and moved fot its passage and adoption that the An~~heim Cit~ Planning Commission does hereby grant Conditional Use P?rmit No. 2556 pursuant. to Anaheim Municipal Code 5ection 18.~3.030.030 through 18.03.030.035 subject to Interdepactmental Committee recommendation~. On roll call, the foregoing•resolution was passed by the following vote: AYES: BOUAS, BUSHORE, FR'(, HERBST~ KING~ MC BURNEY NOES: NONE ASSENT: LA CLAIRE 4/16/84 MINUT~S, ANANGI_M__CITY PLANNJNG CUMMISSION, APRIL 16, 1984. 54-217 ITEM NU. 25. EIR NEGATIVE DECI,ARATION, WAIVER OF C~DE REQUIREMENT AND CONDITIONAL USE PERMIT N0. 2555 PUBLIC H~ARING. OWNERS: ~AI.IE'OkNIA/ORANGE ENTEkPRIS~S~ INC., 2914~ 350-5th Avenue, 5.W., Calgary, Alberta, Canads T280L4. AGENT: DAVE CAkLSON, P.O. Box 819, Anaheim, CA 92805. Prope~L•y desc~ibed a~ an irregulArly-shaped parcel oi land consisting of a~proximately 17.11 acres l~c~ted at the aouthPast carner of Li~coln Avenue ~nd Scute College aouleva[d, and further descri.bed as 2004 Eaet Lincoln Avenue (BasG Anahe~im Center.). To permit a drive-ti~rou9h re$taurant with waiver ~f minimum number of parking apaces. There was no one indicating their presence in oppocitl~n ta sub~ecC request and althougt~ the st.afc rpport was not read, it is referred to and made a pnrL- of the minutPs. Carl Medder., Construckion Manager, Stewart Gceen Assuciates, 2316 E. Lincoln ~venue, Anaheim, was pcesent to answer anY questions. l3ob Merriam, Car~son UeUign, P.O. Box 819~ Anaheim, agent, stai:ed they are representing Kentucky i'ried Chicken, thP appl.icant, and explained they have read all the conditions oE a~+pcoval and ha~~e questions regarding the requicement for a parcel map and explained this is a"build-to-suit' by the landlord and Kentucky E'ried Chick~n would be leasing the space only and they understood a parcel map ~~auld not be needed. He referred to the requireme~t Lor a traffic signal asser-~ment [ee and asked for deCails. .1ack White, As~istant City Attorney, explained whekher or not a parcel map is required depends uNon whether or not it is a lease only oE the space wi~hin the building or wl~el•her or not il ig a lease of the land around the building and he was not sure which it is; however, if i.t is only a lease of the building with an undivided right to thP parking lot, a parcel map would not be requiced. Nir. Merriam staked the lease is for the sp~ce only and all the packing in the center is common parking. He e:cplained they have a copy of the lease available but the person with it has not arriyed at the meeting yet. Jack Wh~.te suggested leaving the condikion in and if it is as represented a lease of s~ace only within the building, it would not cequire a parcel map and the condition would be deemed satiafied. Paul Singer, TrafEic Engineer, star.ed the traffic signal assessment fees are based on an orclinance that relates to all fees to be paid based on ti~e syuare fnotage oE any new building that is constructed in the City of. Anaheim and since this is a new building,it is ~ubject to signal asaessment fees per ordinanc:e and he did not know the exact figure, but thoUght the fees ~re in the neighborhood of ~230 per 1000 squace feet of gross flaor area. Mr. Merriam stated that would be agreeable. THE PUk3LIC HEARII.VG WAS CLOSED. 4/16/84 _ ......_...,<, 1 MIDlUT~B~ ANAH~IM CI'i'Y PLANNING COMMISSJUNI AP-2IL 16. 1984, 84-218 c:ommisBioner Bunhore reEerced to the traffic demand study, Pa~,ea 6 and 7, und asked if Choae were incorpocated and Paul Singer rec~ponded the etudy cvncerns itselt with parking and parking is,oo far,adequ~r,e at the ceri~er and he did nat Lar~~Aee any ~rc~blems at Chi~ time. Cummi~aaioner Her.bat asked aboul signing. Mr. Merriam re~poncled the ~xcerior elPvation plans ahow 2 signa mounted on the building, but there would not be a ~~big bucket" becaus~: Kentucky Eried Ctiicken in cl~anging their image. Commi~eionE~• Herbst statecl as long Aa the signing meeta the ocdinancer~ and there ace no variances rr_•queated, he would have no E~rublem with thls uRe. ACTIUN: c:ammis$ioner King otfereci r~ mation, seconded by Commisaianer t~'ry and MUTIUN CARRI~U (C~~mrnissioner. La Clbire abaent), that the Anaheim City Planning Commission has reviewed the proposal tu permit a drive-through restaurant wi.th wr~fver of minimum number ot parkiny spaces on an irreyularly-shaped ~arcel of land consi~ting of a~pcoximAtely 27.11 acren located at the aoutheASr. carner af Lincoln Avenue ar~d State College E3oulevard and further deacribed aa 2008 E. Lincoln Avenue; and does hereby approve the Negative Declaration upon finding tt~at it has consideced the Negative Ueclaration together with any commenks receiveci during the public review proceas ancl further finding on the basic of the Initial ,5tudy an~ any commentf~ received tt~at there is no sub~tantial evidence tt~at L•he project• will have a~ignificant effect on the environment. Commissionec King offered a motion, seconded by Commisaionec Fry and MOTION CARRIEO (Commissioner La Claire absent), that the Anaheim Ci*y Planning C~mmis~ion dae~ hereby gcant: waiver uf Code reyuirement on the basis that the park.inq waiver will not cause an increaae in traffic congestion in the imm~diate vicinity nor a~vPrsely affece any adjoininy land uses and gra~ting of the park.ing waiver una~r the condicions impo~eed, if any, will not be detrimental t~ the peace, health, safety and general welfarE of the c?tizens of the City of Anahein~. Cummis~ionet King off.ered Resalutioii No. PC84-70 and moved for its passage and adoption that the Anaheim Cfty Planning Comn~ission does hereby grant C~nditional Use Permit Na. 2555 pucsuant to Anaheim Municipal. Code Sections 18.03.03U.03U through 18.(~3.030.035 subject tu Inl•erdepartmental Committep recommendations. Un ro.ll call, ttie focegoiny re~~lution was passed by the follawiny vol•e: AYES: BUUAS, AUSHQRE, FR~', HERBST, KING, MC DURNEY NUES: NONE A65~NT: LA CLAIRE Chair»~~man Bouas usked when the struc~urea will be completed wi~P~ Mr, Medder replying !:hey hav~ every intention of having a major portion finished by November ~4. 4/16/84 MINUTES, ANANEIM CIx`Y PLANNING COMMISSION1 A~RIG 16. 19841 _84^2~y ITEM NU. 'lb. E:zR NU. 266- KECLASaIFICATION N0. 83-84-24 AND CONDITIONAL USE ~ERMIT NU. 2550 PU~LIC HEARING. qWNEkS: PENNIMAN b CUMPANY, 5031 Bi[r.h Stceet, Newport Beach~ ~A 926~0. A7`TN: RU5SELL S. PENNIMAN. AGBNT: P1~~HARD E. OCLESBY, 17631 Fitch, Icvine, CA 92814. Property deacribed ~a an irreyulbrly-ehaped pacc~l af lnnd conaiating of op~ruximately 10.7 acres, and furthec de~cribed As 140U East Kate11A Avenue. K~CLAS5IF'ICATIUN REVU~ST; ML to C-R Zone. COND1'1'IONAL USE REt~UF:ST: 'l~o permit f~n 8-to 14-ntory, lU4-to 205-fook high, high-rise commercial ofCice complex. There wac no one indicatiny thelr prer~ence in op~ocition t.c ~ubject request and although the ataff report war nok read, it is reEerred ta nnd made a pt+r.t of the tninutes. Joe Walthour, tiusiness Propecties, 176:11 Fitch, Irvine, c:AliEorni.a, stated they have ceviewed tt~e con~itions and t~ave a yuention regarding the condition requtring the study fundiny and expl~ined they have already been r.equired to do that on a previou~ project and are hopin9 some .lanyuage could be added to that condition wt~ich wou.ld alleviate them from contributiny, if they hAVe already contributed on a E~revious prnjec~. THE PUBLIC HEARING WAS CLUSEU. Jack WFiite, Assistant City Attorney, auygested that Cor-dition Nos. 12 and 13 which are currently propoc~ed for the c~nditi.or~al u~e permit also be added as cunditiuns 6 and 7 to the reclassification and ttie existing proposed Conditiuns 6 and 7 would be renumbered to Numbers 8 and 9 respectively. He stated Condition No. 8 as renumbered should read: 'That priar to introduction of an ordinance rezoning subject property, Condition Nos. 'l, 3, 4, 6 and 7 above-mentioned shall be completed'. Jack White stated it is certai.nly not staff's intentiun to require a double payment foG the funding of the study and to avoid that problem, h~ would recommend adding wording to Condition No. 12 on Page 26-1 which will appear in both the reclaFSification and conditional use permits at the end of line 17 as tollows: •The cequirement contained herein relating to the funding of said Iand use study, or Chp participation in a portion of the cost theceof, shall not apply in the event subject property owner had f'unded said study or p~rticipated in the cost tihereof, pursuant to a~imilar condition contained in any other zoning action upon c;~her pcoperty als~ owned by subjeet Qroperty ownec.' He stated that aciditional sentence would cover the situation here ahere there are two prop~rties owned by the same property ownQC and the other one also has this condition, so if that property develops first and the condition is met, it would be deemed satisfied here or visa versa. Mr. Walthour stated thPy would agree with that change. 4/iG/84 ~ MINUTES, ANAHEIM CITY PLANNING COMMISSIUN, APR_I_L 1~1984. 84-220 ACTI~N; Commissioner Herbst offeced a motion, eeconded 'ay Cammisaioner King and MUTION CARR2ED (Commissioner La C]aire abRent), that the Anaheim City ~l~nning Commiasion does hereby Cind that afrer conaldering Dr~ft Environmental impacr Report No. 'l6G for the propoaed Katell~ Businesa Center and reviewing evide~ce both wcitten and or~l pceaented to oupplpment Draft No. EIR 266, the Planning Gommieaion finds that EIR No. ?.66 is in compliance wikh the Calitornia Environmental ~ualiky Act and the City nnd Stake CEQA Guidelines; thal• economic, social And physical cc~nsideratlon~ make it feASible to eliminate all Che aignificant environme~itul impacts oG the project which have been identifi.ed in ~IR Nu. 266s however, Ct:~ henefits of the project h~ve been bal~nced Against the unavoidAble environmental lmpact and pursuanr to the provisions of Section 15U93 oE the State CEQA Guidelinea, the occurrence of the siynificant environmental ettect identified in EIR No. 266 as setfurth above, may be permitted without further mi~iyatian due to the followi.ng overriding conditions: (1? the projecl ~ill provide employment and economic benefita to the City and to th~ citizens and t~usiness activi~y in the area, (2) the projer.t is compaCib.le w~th bucinessea surrounding nnd propoaed land u~es, and (3) mitigation meusures have been inco:poraCed into the project to rcduce the ~nvironmental impact to an acceptable level; therefore, the ~lanniny Commission certities Environment~l Impacl• P.~:port No~ 266 and adopta tt~is statement ot overriding consideration. ACTION; Commissioner Herbst offered Resolution No. PC84-71 and rnoved fur its pasaage ~nd adop~ior- that the Anah,eim City Planning Commission does hereby grant Reclaseification No. 83-84-24 subject to Interdepartmental Committee cecommendations including modifications and changes as recommended by the City Attorney. On roll call, the foregoiny resalutian was ~assed by the following vote: AYES: HOUAS~ BUSHORE, FRY~ HERdST, KING, MC BURNEY NUGS: NONE A9SBNT: LA CLAIK~ Comr~iiasioner Herbst offered Reaolution No. PC84-72 and moved for its passage and adoption that tt~e Anaheim City Plan~ing Commission does hereby grant Condit.ional Use Pecmit No. 2550 pursuant to Anaheim Municipal Cude SecLions 18.03.030.030 Lhrough 18.03.030.035 and subj~ct to Interdepartmental Committee recommendations including those modifications and changes made by the City Attocney. On roll call, the foregoing resolution was gassed by the Eollowing vote: AYES: BOUAS~ $USNURE~ ~RY, HEPBST~ KING, MC BU~NEY NOES: ~JpN~ ABSENT: LA CLAI~E ITEM N0. 27. EIR N0. 223 (PREVIOUSLY CERTIFIED)1 VARIANCE NO. 3391_AND TENTATIVE MAP OF TRACT NO. 12156 PUBLIC HEARING. OWNERS: WARMINGT~N HOMES, 3090 Pullman Street, Costa Mesa, CA 92b~6. AGENT: PSOMAS ~ ASSOCIATES, 150 "A' Paularino Avenue, Costa Mesa ~'A 92626, ATTN: JOHN STEVENSON. Property described as an ircegularly-shaped paccel of land consisting of approximately 6.96 acres, having a frontage of approximately 655 feet on khe west side of Willowbrook Lane, and being located agproximately 255 feet north of the centerline of Chapman AvQnue. 4/16/84 MINUTE5,__ANANEIM CITY PLANNIHG COMMISSION~ APRIL 16,_1984, _, 84-221 waiver of minimum lot width to re•aubdivide ~revioualy appcoved Tract No. 10476 to eatabliah a 6-].ot, 95-uni~ RM-3000 Zone condominium subdiviaion. It waa notec9 the ap~licant was not pr~aent. Thece was no one indicat.ing their prQSence i.n opposition to subject requeat and Although ttie etaff report was not read, it is referred to ~nd made a part of the minuteF. Greg HAStir~gs, Anai.atant Planner, pointed ou~ the ataff would like to recommend a cevision to Cond(ticz Nus. 3 and No. 14 r.hanging them to read 'prioc to the insuance oE b~ lding ~~ermits." Jack White clariEied the pekitioner does not hAVe lo stipulate to meeting the conditions. Greg Ha3tings explained the property is already undec c~nstruction and the tcact map is just foc financing purposes and staff wo~ld recommend thAt the tenCative tcttct porkion of the mppcoval be continued for Cwo weekn so the matters will be heard by the City Council at the same time. lt was noted that Environmental impact Reporl Na. 223 had been previously approved by the Planning Commisaion on Jan~iary 29, 197y, in connection with Reclassification N~. 78-79-26, Variance No. 3071 and Tentative TrACk 10476. ACTION: Commisaioner Herbst oEfered R~solution No. PC84-73 ttiat tt~e Anaheim City Planning Commission do~s hereby grant Variance No. 3391 on the baais that there are special ciccumstances applicable to the propecty ~uch as aize, shape~ topograph.y, location and ourroundings whic.~ do not apply to other identically zoned property in the same vicinitp; a~~d that strict application of the Z~ning Code deprives tl~e property of privileyes enjoyed by other properties in tl~e identical zone and classi.fication in the vicinity an~ subject to Interdepartmental Committee recommendationa. On roll call, the foregoing resolution was p~~ss~d by the following vote: AYES: BOUAS~ BUS'IORE, ERY, EIERBST, KING, MC aURNEY NOES: NUNE ABSENT: LA CLAIRE Commissicner Herbst offered a motfon, seconded by Commissioner Mceutney and MOTION CARRIED (Commissioner La Claire absent), that consideration of Tentative Map of Tract No. 12156 be continued to the regularly-scheduled meeting of April 3U, 1984, at the recommendation of the Planning Uepartment staff so Variance No. 3391 and this tract can be heard at the same time by the City Council. ITEM N0. 28. GIR NEGATIVE DECLARATION AND VARIANCE NO. 3377 PUBLIC HEARING. OWNERS: LOUIS AVERY, ET AL, 1232 W. La Palma, Anaheim, CA 92801. AGENT: ~ATHY COLLINS, 8431 La Palma Avenue, Buena Park, CA 90620. Property described ss a rectangularly-ahaped parcel of land consisting of approximately 0.29 acre located at the southeast. corner of La Palma Avenue and Lido Street and further described as 1232 West Palma Avenue. 4/16/64 MINUTE5, ANANEIM CImY PLANNING COMMZ85IUN, APR_IG 16. 1J84, ___84-222 Waivera of minimum lat area and minimum lot width and frontage to est.ablish ~ two-lot eubdiviaion. Thete was no one indicating their preaence in oppositinn to suoject request and a,lthouyh ~ho etaff reF~ort waa not read, it is referred to and made a pArt of the minutes. KAthy Collinn, agent, wAS present to anewc~c any queskions. Z'HE PUkiLIC HEARING WAS CI.~7S~G. ACTION: c:ommissioner Kiny oEferea a moti~n, seconded by Commiseioner Fry and MO'I~IUN CARRIGD (c:ommii~sioner La Claire ubaent), that the Anaheim City Planning Cortunio~ion has reviewed the proposal to establi~h ~ 2~lot subdivisl~n ~~rith waivers of minimum lot width and EronCage on a rectangulArly-ahaped parcel of land conaiating of approximaCely U.29 acres located at khe~ southeast corner nf La Palma Avr,nue ariu Leo Street and further deacribed as 123'l W. La Pa1ma Avenue; nnd docs hereby approvc the Negative DeclarAtion upon finding tt~at it han con~idered the Npgative ~eclAration together with any comments received duriny x.t~a public review prore~s and further Cinding on th~ bt~vis of the InLtial Sludy and any comments received that there i~ no substantial evidence that the ptoject will have a significant effect on the environment. Commi~sioner King oftered Ite~olution No. PC84-74 and moved for its passage and adoption that the Anaheirn City Planning Commission does hereby yrAnt Variance No. :i377 on the bASi~~ -~at there are specic+l circumstancr.s Applicable to the pcoperty such as aiz , shape, top~graphy, location and sucroundings which do not apply to othec ic:entical.ly zoned property in the same vicinity; and that stric~ a~pllcation of the Zoning Cude deprives the property of privileges enjoyed by ott~er properties in the identical zone and classification in the vicinity and subject ~o In~erdepar~menta.l Committee recommendations. On roll call, the foregoiny reaolution was passed by the Ec•~.ilowing vote: AYES: [iOUAS, DUSHORE, FRY, HERBST, KING, MC BURNEY NUES: NONE APSENT: LA CLAIRE ITEM N0. 29. EIR CATEGORICAL EXBMYTION-CLASS 5 AND VA1tIANCE N0. 3388 PU9LIC HEARING. OWNERS: MELVIt7 E. ANJ JUDI'I'H L. NOWLIN, JR., 131 S. Hampton Street, Anat~eim, CA 92804. Property described as a rectangularly-shaped parcel oE land consisting of approximately 5000 squace feet, and fucther described as 131 South Nampton Street. Waivec ot maximum lc~t coverage to construct a room addition to a single-family residence~ There was no one indicating their presence in opposition to subject rec~uest and although the staff ceport was not read, it is referred to and made a part of the minutes. It was noted the ap~licant was not present. 4/16/84 ~..___--- MINUTES, ANAH~iM CITY PLANNING CUMMISSION. AYRZL 16. 7.9841 84'223 TH~; PUBLIC NBARING WA:; CI,OSBA. It was noted the Planning Dicector or his authorized repreAentative h~A determined Ghat the pcopc~sed projnct falls within the definition of CatHgocical Exemptions, ClasF3 5, es deftned in the State EnvlronmentAl Im~ack Report Guidelinea and is, therefore, cateyocically exempt from the rec~uirement t.o prepare An EIK. ACTION: CommiEaioner Kir~g offer~d Re~ulution No. PC84-75 and m~ved Eor its passaye and adoption that the Anaheim City PlAnning Commission doeR hereby grant Vaci~nce Nu. 3388 on the b~sis thnt there are »pecial circumstancea applicable to the property such as ai:e, ~hnpe, topagraphy, locAtion and surr~untlings which do not aF~ply to ot.er identically zoned property in the same vicinity; and that stcict app.licati.on of the '::oning Code deprives tt~e property of privileges en~oyed by other praperties in the identical. zone and clasaificdtion in the vicinity and c~ubject to Znterdepar~mental Cammittee recommendatio~s. Un roll call, the Eoregoing reaolutiun was pAr~aed by the followinq vote: AYES: F3UUA5~ $USHURE, BRY, NFRDST, K7NG, MC E-URNE:Y NUES: NUN~ ABSENT: LA CLAIRE I'I'EM N0. 30 REPORTS ANll RECOMMF;NDATIJN;~^ A. pROPOSEU COUE AMENUME:N'i' - Rmen~rnent tu add sut~seclion .b.. t~ ~~~ 18.61.U50.600 of Chap~er .18.~1 ~~f. T~r~p ]8, 2oning, Commissioner Bushore ~eclnced a conflick oi lnterest ~, define.i hy Anaheim City PJannin; Comraisrinr~ Re~~1L~ion No. PC7~--157 adopting a Canflict of Interest c:odr #or the Pl..~ing Commission and Government Code Section 3625, et seq., in tt~at he is a dues paying member of the Anaheim ~,lks Lodge 41345 and is the real estate aodes,mdeclaredetoethesChairman pursuant to the provision~ x the abave thati he r~as withdrawing from the hearin~~ in connection with above mentioned Code amendment, and wo!~ld not ~ake part in eithe[ the discussian or the voting thereon ancl had not di~cussed this matter with any member of the Planning Commission. Thereupon Commissioner Bushore left the Council Chamber. There was a brieP discussion tegarding the use of the lodge and Jack white, Assistant city Attorney, explained the proposal is to add a aection to th~e Code that would make cor.ditional uses of not only private clubs, but also fraeernities and sorocities. Commissioner Fry asked if this would permit a fraternity house for residency to come into this zone. Jack White responded that a conditional use permit wou1C be required. 4/16/84 MINUTES, ANAH~IM CI7'Y PLANNING C:OMMISSIUN, APRIL 16, 198_4_,__ 8A-224 ACTIUN; Commiseionec McBurney oEfered A mntion, sec~nded by Commissioner King and MOTION CARRIED (Commie~ionera Buehore And La Claire absent), that the Anah~im City Planning Commiesion does hereby recommend to the City Counr,il thak the proposed Code Amendment to add aubsection .613 to Soction 18.61.050.600 of Chapter 18.G1 of 7'itle 18, 2oning, perL•aining to private clubs, lodq~s, fraternities And sororitfes as a conditionRlly permitted use in the Anaheim Cany~n induatrial. Area be a~proved. Commissioner McBurney suggested this matter t~e heard by Che City Council as aoon aa possible. B. INCUNSI57'BNCY BETWEEN GGNCRAL PLAN AND ZONING - An irregularly-s~aped parcel of land having an area of a~prox. 1.25 acres located ori the cuu, weak cornez of Santa Ana Canyon Raad and Mohler Urive. The etafL report Co the Planning Commiasian waa pre~enCed for the ~ommisEion's review And it wa~s the genecal consensus that no action should be taken at this time, and it should be reviewed when the ap~licant i.c ready to du 8omc~th~.ny; therefore, no action was taken. C. WAIVER O:E 7'HE HILLSIDE GRADING QRDINANCE - Ftequest from James E. Crosby Engineering inc., khat they be granted a waiver of the requirement oE the City of Anaheim Hillside Ordinance as it relates to the locating of a tract boundary (Tra~l 10980) at the top of a slope. ACT10N: Commi~sfoner Kii;g ofEered a m~tion, seconded by CAmmissioner Herbst anU MUTIUN CAFtRIED (COmmissioner La Claire absent), that the Anaheim City Planning Commission dces hereby recommend to the Ciky Council that ttie cequest for w~aiver of the requirement of the Hillside Grading Ord±nance as it relates to the locating of a tract boundary (Tcact 10980) at the top of a slope be approved. ADJOURNMENT: There beiny no furthec business, Commissioner Herbst offered a moCion, seconded by Commissionec Fry and MOTION CARRIED (Commissioner La Claire absent), that the meeting be adjourned. The meeting was adjourned at 4:10 ~.m. Respectfully submitted, ~L~.-~-G.. ~ /~~~ Edith L. [iarris, Secretary Anaheim City Planning Commission ELH:lm 0041m 4/16/84