Minutes-PC 1985/04/29~
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R~GULAR ME;E~PING OF THE ANAHEIM c:iTY PLANNING COMMISSION
R~GULAR MBETING The regular meeting of ~he Anaheim City Planning
Commiesion was calied to order by Chalrman Herbet at
10:00 a.m., April 29, 19$5, in the Council Chamber, a
quorum being present, and the Commission reviewed
plans of the itema on today's agenda.
RECESS: 11:30 a.m.
RECONVENF.D: 1::50 p.m.
PRESENT Chairman: Herb~t
Commisaioners: Bouas, Bushore, Pry, King, LaClaire,
t,cBurney
ABSENT: Commissioner: None
ALSO PRESENT Annika Santala~ti Aasistant Director for Zoning
Malcolm Slaughter Ueputy Ci.ty Attorney
Jay Titus Office Engi~eer
Paul si.ngec Cit:y TrafEic Engineer
c%reg Hastings Asso.^,fate Planner
Edith tiarris Planning Commission Secretary
APPROVAL OF MINUTES: Commis~ionez King offer.ed a motion, seconded by
Commisr~ioner McB,~rney and MOTIUN CARRIED that the minutes of the An~heim City
Planninc~ c:ommission meeting of April 1, 1985, be approved as submitted.
ITEM N0. l. EIR NEGATIVE DECLARATION. WAIVER OF CODE RE~UIREMENT AND
CONDITIUNAL USE PERMIT N0. 2648
PU~LIC HEARING. OWNERS: JAY D. CAWAN AND BARBARA E. ;,OWAN, 3030 f3reakets
Drive, Corona del Mar, CA 92625. Property described as an irregulacly-shaped
parcel of land consisting of approximately 1.5 acces, 2760 W. Gincoln Avenue
(7-11 Motel and Trailer Park).
To expand a recreational vehicle park (in conjunction with an existing motel)
with waiver of required setba~ck in aFecial areas.
Continued from the meetings of January 21, and February 4, 1985.
There was no one indicating their presence in opposition ko snbject request
and althouyh the stafE teport was not read, it is ceferred to and made a part
of the minutes.
\^
85-221 9/29/85
MINUTES. AN~HEIM_CIT_Y pLANNING COMMISSION, APRIL 29. 1985 U5-222
Jay Cowan, owner, ceferrod to Condition No. 1 of the staEE rc~orC tt~a~ a
vehicle is cllowed tu stay only two weeks nna akated he would like to rAyuest
thet that ceatriction be removed to allow th~m t~ stay AA long as tl~ay wish
which is nocmally frnm 2 months to 8 monthst howevec, there Are ~ few who atay
longer. and some who etay less.
Greg ifastings, Asttociate tianner, Rtated ~he original condltional use permit
had e condition th~t l•he length of the stay not exceed the two weeka r~nd Ataff
has recommended that the original conditional use permit be terminated whi.ch
would terminate thAt condition.
Mr. Cowan referred to Condition No. 6 cequiring that th~ exiAking ~jriveway be
redesigned to accommodate 10-foot radius curt~ returns. He atated h~~ has
examined all the driveways Erom t3each Boulevard to the Santa Ana FreewAy and
there is only one drfveway with A 10-foot return and ex~lained that would cost
about ~4,U00. tle added he ha~ a 36-foat wid~ dciveway ano in thR six years he
has owned the ~ark, ther~ has not been an accident oc inc~dent at their
driveway and ttiey h~ve good visibitity and traffic is only one direcl•.inn in
that acex becau~:e Lincoln ia divided.
Jay Titus, Utfice Engineer, stated rnost of the existing driveways were
probably constructed quite so~ne time ago, but thi.s cequirement for A 1~-foot
radius curb retucn is a recent requirement which the City Traffic Engineer is
making an effott ~.~ accomplish on all reconstructed driveways or new drivewaya
because it will enable tlie traf~ic to leave the public sCreet much safer,
quicker and easier. Mr. Cowan atated the nature of hia buainess is motor
homes or vehicles pulling trailers and they have to alow down in order to pull
into *.he driveway becau~se khece is a dip from the street. level to the property
level. t~e rtated the excellent visibility t~as been demonstrated by tlie fact
there has been no problem in the 6 years he has owned the park and stated he
would like to have that requirement c~moved.
TNE PUBLIC HEARING WAS CLOSEU.
Paul Singer, Traffic Engine~c, responded to Coi~missioner eouas tt~at the
exioting driveway is quite narrow and thaC the requir~ •~nt for 10-foot radius
curb ceturns is nQw and one he Felt should definitely stay in as a requirement
because it expeditea the turr~ irom Lincoln Avenue onto the proaecty.
Commissioner Bushore stated in tt~is caae, there are a lot of vehictes pulting
trailers or long recceational vehicles and asked if tt.at would make tlie
reyuirement more for the width of the driveways. Mr. Singer stated the
standard is 10 feett however, the appiicant can put in a larget one if he so
desires. He stated he t.h~ught it is critical that 10-foot c~rb cadius retnrns
be installed and he would still recommend it, and obvfously, -:he largec the
vehicles, the more need there is for the curb radius ceturns. He stated iE a
Iarge vehicle is turning in and wants to avoid t!~e edge of the driveway, he
has ko turn into the wrong end of the driveway and if a car is trying to exit,
that means the motorhome or re^.r.eatiunAl vehicle has to stop in the Lravel
lane and wait foc the car to exit, and it woulr] be difficult for the driver of
the car to see beyond the motor home and they would be trying to mAke a blind
turn and suggested that the ceq~irement be made now because the cost is vecy
nominal.
4/29/85
MINUTES. ANAHEIM CITY F.~ANNING COMMISSION_,_f.PRIL_29~ 1985 65-223
Commisaioner McBurn~y aeked if Gincoln ia still a State highway in that areA,
with Paul Singer resFonding it has been relinquiuhed to the City.
Commiesioner Le Claire stated she has a problQm with thia cequeet because when
tho original conditionAl uae permit was granted, it was to permit recreAtional
vehiclee, na defined by the Co~e, and they were only ~ilawed to stay [or two
weeks and this City tias had n real probtem with the converaion of mobilehome
parks to other usea and one oE the problems was that recreational vehicles wer.e
allowed to stay for longer peciods of time, and the occupanta f.elt that was
theic tiving area and r.hey wece perme~ent re8ld~ntaJ and that allowing someone
to stay as long as 8 months is a long time and is pr.obably longer thAn some
~eople ~tay in apartmenta. She stated she could not suppoct. anything othnc
than what is allowed by Code and that is for two weeks and noted it would be
different 1E this was a mobilehame park.
Greg Hastings stated the Code doean't apecify the amount o~ time a person can
stay for recceational vehicles and the two w~eka was a condition ot appcoval
on the nciginal permit.
Commissfoner McBurney stated he thought 3U days would be more appropriate
because some people da take longer vacationE and Ehat has been allowed down
the street.
Commissicner Fry skated he would have no problem allowing it for 30 d~ys, but
allowing it For one year would be a problem.
CommissionPr 6ushore stated he thought there is a secrion in the California
Code that atates if a person occupie3 a apacA in a park for a cectain amount
~: time, regardless oE whether he is in a recreational vehicle or mobilehome,
and he thought the tim~ limft is 9 m~nths,that they are put fnto a whole
different category and in order to move them, there has to be a one-year
notice, etc.
Mr. Slaughter stated he was not sur~ about that, but did know that if. a
tenancy i4 esCablished, the landlord may have a signif9.cantly differer.t
problem with evicti.on, etc.
Commissioner Bushore continued that the law appifes regardless if they are
living in a recreational vehfcle or mobilehome. He stated in many of theae
parks, 60 to 708 of the people stay there year round and as a result, many o~
them heve children who attend our schools, even though they are not conaidered
germanent cesidents, and they do not pay taxes to help support the schools and
there are a lot of other pcoblems as a cesult. He stated he could go along
with a maximum stay of 30 days, oCherwise this should not be considere~ a
recreational vehicle park.
Commissioner King stated he would agrre with the 3U-day time limitation.
Mr. Cowan stated the nature of a recreational vehicle park has gone tt~rough
quite a change; that originally i~ was just A car pulling a small trailer, 15
to 20 feet long, and the stays were short and the parks werr being used by
younger people, but now the nature is different with older people called "snow
birde• who are here because tl~is is a pleasant place to stay and some stay
4/29/85
MINUTES, ANAHEIM CITY PLANNING COMMISSION APRZL 29 1985 85~2?~
overnight and aome stay a week and eame stay as long a~ they Eeet like staying
And the pack is truly a mubilo stopping placet thnt somr. oE thA mobile homes
have moce ~ppliances and conveniences than apartments or some oE the houses
thAt are being buiit today and ehese are not the pooceat people in societyr
Althougti, some are very pooz and thece are about 4 fami.liea in t~ie park with
chil.dren, but moot are people who li~e there and do ao beca~~^e they love th~
~reedom. Fle asked 1E it ia really Che intention of the City to say that a
pereon has to move out in 29 daye ar~d fn thak instance, most people just make
a turn in the parking lot and come right back in.
Commissiuner Bushore stated he has a motorhome and knows there are a toL• of
places where people stay as long as they want and referced to a County pArk
near the Pomona Fairyrounda wl~ere people can stay as long as they want bec~use
the County looks at that as a way to provide aLf~rdable housings and that
~eople have ad~e~ storage sheds, cacporta, gardens, etc. and this pdrk is too
small £oc that type oL thing. He added a park owner loves it becauae it gives
him the security of having a steady income, but the problem is when vi~itors
come out for Chrietmas on a vacati~n and the parka are all filled wi~h 60 to
7U~ year-round residents or "snow bisds".
He atated if the petitioner want3 a"snow bird' type park where people could
come Eor 9 montha, then it should be operated that way, but this is not a
recreational vehicle pArk the way it is being operated currently. t!e stated
several years ago there was quite An uproar in this City by people who had
made the parks their permanent homes and then came to the City asking that the
use not be changed and he di~ not want l•o see that happen again.
Commiasio~~er La Claire stated she served on that Mobile Home Task Eorce
Committee which established the ordinance; and that th •~ went ttirough a lot of
debate with eldecly people gnd know what hardships can occur when they are
allowed to stay in this kind of park; that if it is a r~creational ~ehicle
park, then it should be operated as a recreational vehicle park, but if it is
a permanent mobilehome park, there is an ordinance to goverr. that, bu~ this is
not a mobilehome park. She stated she wo~ld n~t want to put the City, the
Commission or herself in thar position ever agai~.
Mr. Go~aan asked if it is f~ir to ask these people to move in 30 days and
Commissionets La Claire a~d Buehore res~anded it is fair because it ia an RV
Park and they knew that goiny in. Mr. Cowan asked if that means they have to
complelely leave. Commissioner Bushore clarified that does not mean just
changing spaces and they muet be out of the park after 30 days ~nd it is a
30-day maximum occupancy which meana completely leaving the park and if he
came into the park and ~aw a recreational vehicle stiil there, b~t in a
different space, in hiF opinion, that would be a violation of the use permit.
Mr. Cowan stated he does not try to force people to stay in the park erd this
is not the only pack in this area with this type situation and that tt~ose
~ther parks have many vacancies. He responded ta Commissioner Bouas that the
longest sonie have st3yed is about 2 yeacs.
Commissioner Buahore stated the zoning on this pronerty is RS-A-43,000 and if
the petiti~nec wanted to expand the mntel which is existing on the property
and wanted to ~liminate those two spaces and if those people have been liviny
4/29/85
MINUTES. ANAH~IM CITY PLANNINC CUMMISSIONJ APRIL 29, 1g85 85-225
thece for 2 xear8, he would have to give them 1-yeac's notice and doponding on
the tyne vehicle Chey are living in, he may have to give kt~em anme relocation
bene~its amounting to 53500 to ~4500, an d then thase two people would say that
their home ie being taken awaj from them and they I~ave no place to go,
Mr. Slaughker at~ted undec the City's Tr ansienl Occupancy Tax which appliea to
uaea 8uch as thie, a peraon is required to pay the City the tax for rhe first
29 days of occupancy ~nd is exempt from that tax if, prior Co commoncing the
occupancy, there is an agreement which e steblishes a minimum 30-day tenAncy
and Gommission may wiah to conaider the alternative of imposfng the maximum
29-day period instead of 30 days, if th ey are considertng allowing a temporary
uRe of each loC.
ACTION: Commfssi~~ner King of.~ered a motion, seconded by Commisaioner Ery and
MOTION CARRIED that the Anaheim City Pla nninq Commission has reviewed the
proposal to expand a recreational vehic t e park !in conjunction with an
exiating motel) with waiver oE reyuiced setb~ck in special areas on an
irregularly-shaped parcel af land consi.s ting of approximately 1.5 acres,
having a frontage of approximately 108 f eet on the south side Lincoln Avenue
and £ucther desr.cibed ac 2760 West Lincoln Avenue (7-ll Motel and Trsiler
Park)j and does hereby approve the Nega tive Declaration upon findi.ng that it
has c~nsidered the Negative Dectacation together with any commenta CECE?.~V@d
duriny ~he public review process and further findiny on the basis of the
Initial Study And any comments received that thece is no substantial evider~ce
that the praject wiil have a significan t eff~ct on the environment.
Commissioner King oEfered a motion, sec onded by Commiasioner Fry and MOTION
CARkIED that the Anaheim Ciky Planning C ommfssion does heceby ycant waiver of
Code requirement on the basis that ther e ar.e special ciccumstances applicable
to the pr~perty such as size, shape, ropoqraphy, location and surroundings
which do nok apply to ol•her identically zoned property in the same vicinityt
and that strict application of the 2oni ng C~de deprives the property of
privileges enjoyed by other ~roperties in the identical zone and
classification in the vicinity.
Commissioner King offered Resolution N o. Pr_85-109 and moved for its passage
and adoption that the Anaheim City Plan ning Commission daes hereby grant
Conditional Use Permik No. 2648 pursua n t to Anaheim ~tunicipal Code Sections
18.03.030.030 through 18.03.030.035 an d subject to Interdepartmental Committee
recommendations including a modificatio n ta Condition No. 1 changing the
maximum length of ~tay from two weeks t o 29 days.
Re~ponding to Commissioner Bushore, Mr. Cowan stated he intends to obey all
the laws.
On roll call, the foregoing resolution was passed by the following vote:
AYES: BOUAS, BUSHORE, FRY, HERBST, K ZNG, LA CLAIRE, MC AURNEY
NOES: NONE
ABSENT: NON~
4/29~85
MINUTCS, ANANEIM CITY PLANNING COMMISSION, APRILy29, 1985 H5-226
IT~M N0. 2. EIR NEGATIVG DECLARATION ANO CONDITIONAL USE PERMIT N0. 2674
PU~LIC HEARING. OWNERS: ROB~RTSHAW-FULTON COi~TROLS COMPANY~ ATTN: G.
RICtiARD MARTIN, 333 North Euclid Way, Aneheim, CA 92803. AGBNT: ROD ~MERY,
c/o COVE DEVELOPM~NT, 3737 Birch Street, Newport Beach, CA 92b60. Propecty ia
an irregularly-EhapAd parcel of land conaisting of approximakely 11.64 acces,
333 Nocth ~uclid Way.
To permit an indoor. awap meQt facility.
Continued from the meeting of Aprit l5, 1985.
ACTION: Commissioner King ofEered a motion, sec~nded by Commissioner McBucney
and motion carried that the petition Eor Conditionat Use Permit No. 2674 be
WITHURAWN at Che request of the petitioner.
ITEM N0. 3. EI12 NEGATIVE ~ECLARATION, WAIVER UF COUE REQUIREME[iT ANU
CUNDITIONAL USE PERMIT NU. 2673
PUBLIC HE;ARING. OWNEFt5: DUTCH CLUB, A.V.I.O., INC., 1557 West Katella
Avenue, Anaheim, CA 92802. AG~NT: RUBERT BAX, 6G24 Naomi Avenue, ~uena Park,
CA 9U620. Property described e~ a rectangularly-sha~ed parcel of land
conaisting of approximately 0.72 acr~, 1557 W. Katella Avenue (Dutch Club,
A.V.I.O.).
To expand an existiny pcivate club with alcoholic beverages with waiver of
minimum number of parkin9 space~.
Cont~~~ued from the meetings of April 1 and 15, 1985
There were twu persons indicating their presence in opposition to subject
request and although the stefF repart was not read, it is refecced to and made
a part oF the minutes.
Jan Bersteeg, representing htr. Bax of the Dutch Club, stated most of the
iasues they hoped to discuss w~re covered at the previous meeting and they had
thought it would be a relatively simple matter; however, thnre was some
oppos~.tion from the neighbors who objected to some of the issties and some of
the social behavior of some of the members of the club. He stated the members
of the c.lub wish to be good citizens and appreciate the opportunity to addcess
some of the complaints voiced by the apposition. He stated they checked with
the Police ~epartment ~nd coul~ not find any reports of actfvities about the
club, but they do n~t prEtend that thece have not been any ~omplaints againRt
the club, but wisr~ to mention the possibility that the nature or the
complaints may not have been as serious as was originalty presented.
He stated tl~ere was a c~mplaint that a number of young ~.~eople had been
drinking and using drugs and had climbed over the wall onto adjacent
properties and that .he Police was called, but there was no complaint filed oF
that nature. Mr. 6ersteeg stated he haa been a member of the AVIU Club for
many years and none of the members know anything about the nature of the
complaint as stated earlier. He stated it is possible aome youths may have
climbEd over the wall, but they were certainly not club membersr end that the
4/29/85
MINU'rES. ANAHEIM CITY FL4NNING COMMISSIONI APRIL 29, 1985 85-227
club meel•8 on Friday en~ Sar.urdays evening or ~ometimes hmg se~sions of socts
on Sundays and th~y mQet on Mondey, Tuesday, Wednesday And Thursday niqhtR and
attendunce is amaller on those nights and it is poasi~le anyone could have
been on the premiaeo and behaved in the mannec described.
He statPd most of the membera Are 50 years of age or older and they all want
to be good citizenn. He stated theX are concerned abou~ the nei.ghbors, but
that posaibly they do receive some bl.ame for mettera which are not theirs. He
sLated there wa~ a matter brouyht up at the previous meeting about bottles in
people's yacdo and•they do not know if tho3e bottles came from the AVIO Club.
He atated he has nevec aeen any club member leaving nnd go through the doorwAy
with a bottle in their hnnd.
fie atated a poeaible concecn of the neighbor• is noise and they do not think
they make that much nolae And the muaicians they hire are usually a one-pereon
band and that the music doe~ atop at midnight or 11:00 o'clock and he did not
know of any occasion when the music went past that time. He stated one of the
opposition indicated that the club repcesentatives do not wish t~ cooperate
with him, but they have not had the opportunlty to discuso whAtever gcievances
that neighbor may have and tie ceCused t4 talk tU them. He ~tated tt~ey sent
him a lettec requesting the opportunity to talk wirh him.
Mr. Bersteeg stated the club is sometimes used Saturday nights for special
events, but there is atways a member of the club who is responsible fot that
rental and there is a club member pre~ent on thP premises at all timPS;
however, sometimes it is impossible tu control and supervision is not up to
the standacds necessary in urder to pcevent a person fram leaving with a
bottle in his hand, but they do know the music stops at 12:00 o'clock
midnight, He stated Commissioner La Claire stated they should keep a record
of any incidences and he Lhouqht that was s good thing and they were happy to
do it because they wantEd to ~resent a clean record; however~ on Saturday
night there was a small wedding reception and the Police was called, but they
aaid there was c~ally no noise and left, but were called back again because
they received another complaint, but there was no noise on the premises.
He stated khey have re~u~sted a variance of the parking requirements ~nd have
made an agreemenL• with their neighboc to use his packing spaees in cace they
need them, and they will make it their business to direct their membees to use
lhe parking spacea on the AVio premises oc on the adjacent p~operty and they
wil.l make it their business to make sure their membec~s will not park on
Bayless Street. He stated they will notify tt~eir member~ of the parking
requirements and they will hold the person renting the facility responsible
for any infraction regarding parking.
Mr. Bersteeg stated they will completely insulate the patio and that should
ceduce the noise level to the 5are minimum. He stated in thP past the Police
uaed ~heir measuring gauges l•o determine the noise level and they were welt
below the aCCepted noise level. He stated they do not wiah to say they have
nok made any noise and they do not wish to deny that the neighbors have had
problems, but they do wish to address those problems.
Ambrose Robinaon stated he did get a letter and a telephone call and that he
did not refu~e to meet with them, but put a stipulation on the meeting that he
4/29/85
MI__NUTESc_ANANEYM CITY_PLANNING CUMMISSION, ~PRII, 29, 1~85 85-228
have his attocney and e rpcqrding secretery present. He ~tated the staff
report indicates the ~oli~e Department indicates no recor.ds of law enforcNment
actiono hevP been nece~oiteted due to club activ~ties, and ataked he did not
know where that information came fcom, and he did not kn~~w whether or not the
Police Department keeps records, but he has the number of repocta and eldo he
knuws they are recarded with the Alr.oholic Heveraye Con~rol Bo~rd in 5anta
Ana. He atated they have had noise Al1 winter long, but it has not bepn aR
bad because of the cloned windows, but last wee~ on the 24th, they had A party
and there were people in the parking lot to the [ear ~nd they were partying
~nd there was noise ~nd he catled the Police himself= and on Saturdoy night
the musi~ was am~lifisd and penetrated his house and he could hear it even
from the curb, so he called the Police and khe otEicer's a~dge No. was 350 and
he could not understand why there wece no reportc. He stAted he tAlked to the
Lieutenbnt in ctiarqe of Vice and was Cold a report is filed on all thene calls.
Mr. Robinson stated on Friday niyhta when the club members are there, khey
have been reasonable, but on Saturday nights and as late as 10:00 p.m. on
Sunday nights, there are noise pcoblema. He stated Mr. eax indicated at the
previous hearing that they would have twa people on the pcemiAes, and he Acked
the ofEicer on saturday night if they had cont~~l people present and the
officer indicbted he had not seen anyone.
Mr. Robinson asked if the AVIU has permiasion to park recreationul vehicles on
their rear parking l~t ovecniaht on the nortti side of the building. E{e stated
if th's facility is rented and parking continues Co be a pr~blem, he would aak
the Commiasion to restcict parking to residents only from 10:00 p.m. to 6:00
a.n., seven days a week, and that several people in the neighborhood have
indicated they would go along with thaL• cequeat.
Mr. Robinson staled ~he people in the neighborhood adjacent to the p~operty
are ovec 50 and sume of thern are in their 80's and they have owned their homes
s~nce they wece new. He stated ceveral times the Police Department hus called
the AVIO Clua when thece wa~ noise and they aeem to quiet down after th~
Police contact them. He staked he and his neighbor called on Satucday night
and he talked to the nolicp Officers himself. He stated the agent indicated
the club has never been closed down, but there ace records someplace because
it has been closed down; however, that was not caused by club members
thamselves, but when it was rented. He stated they ace operating under the
name of a private c'lub, but he thought it was basically a commercial club and
there has been c~rpentry work yoing on at 1:43 in the morning; however, on
Fciday nights, they do clos~ at midnight, but on Saturday nigt~ts they stay
Longer and then clean up afterwards ar,d then their cars are etarting up to
leave the parking lor and even though hi.s bedroom is 100 feet from the
pcoperty, wi~h the way the property is designed and with the drainagA ditch,
therc is amplif.ied sound a~d the prevailing winds carry the aound towards liis
property. He ceferred to the lighting on the rear of the lot which should be
regulated and the noted it shines right into his pcaperty. He stal•ed the
previous manager of the club was very disagceeadle, but he ic no longer
there. He stated there is ~ possibiliky that things could be worked out, but
if p~rking continues l•o be a problem for the residents, they wi11 be
requestiny poating Bayless Street for no parking restrictions. He stated he
thought th~y should have considered the neighbor's objections befoce by
soundproofing the club, etc. and stated they had the ~eace and quiet they
deserve in their homes, until the Dutch Club moved in.
4/29/S5
MINU_ T_ Eg"AN~HEIM CITy pLANN2NG COMMISSIQN APRIL 29, 19a5
_85-229
Nelen Viegne presented photographs of the AVIO Club, pointing out the w~eds
thet are ubout 3 feok high in front and stqted it has b~en that wny foc mnnths
and ~lso pointed out the signs which 4ce b~oken nnd the fcont facade which the
winds have broken. She sl•Ated at a time when ~nahoim is upgrading a11 over
town, thia is a reai eyesore on Keteli~. she atrted a few monChs ago when the
music was roaring at 2;00 a.m., her huaband telephoned th~m and lh~ person
suggested, in ~ rather rude ~day, that hP write them a letter about the
complaint.
Mr. B~reteea st~ted there a:e probably some weeds tfiat need to be taken care
of and the sign probAbly needs to be fixed and the k~in is vis~ble, but he did
n~t believe thpy heard music at 2;00 a.m. in the morniny and if ehe did hear
mu~ic, ik wa, nul from the AVIO Club. Ne added they will take care of the
weeds and sign be~au~e thpy want Anaheim, which wes originally a Dutch/German
Cit•y, to be proud oE ttic ~utch AvIO Club.
Mc. Bersteeg ctated wtien the Police cArtie on the premises last Saturd~~y night,
they did talk to the manaypr, who was the control person, and the Koard has
resolved that when they have a special .~cca~ion, there should be 1 or 2
members pre~enl-, or a Marahall, because they feel if there is a Marshall
present, the ~eighbora will feel more comfortable and any aomplaint would be
answered by the Marshall.
Mr. Becsteeg stated the Dutc.h Club has never been closr_d down. Hp atated Mr.
Robinson mentioned banging noises in the parking lot And khat may have
occurred, but he did not know anything about it; that specific events may
occut again in the future, but they will exercise all control and u~e the full
authori.ty o~ the Board of Directora in or~er t~ be good citizens and comply
with all the rules and regulations and they do understend thAt the neighbors
do wish to enjoy the quietness of their residences, and they will do all they
can and will not be noisy.
THE PUBLIC HEARING WAS CLOSED.
Commissioner Bushore determined that khe premises could be rented until 2:00
a.m. and th~re is no written contract between the club and the people renting
the facilities at this time. Commissioner Bushore stated one of his jobs
during hts college days was working in a wedding chapel and he knows it is
vety difficult to get the people to leave at whatever time is appointed,
especially if they ar~ having a good time and even with a written contracl•, it
is almost impossible. He stated without a contract there would be nothing to
show the people and nothing to enforce th~ closing. He stated this was
originally done under a reclassification and there ia no conditional use
pecmit and the reason for this request is that they ~ish to expand.
Malcolm Slaughter stated the Code was ceGently amended t~ rEquire a
conditional use permit foc this type use and in order to expand a
non-conforming use that may have been permitted by right, they have to comply
with the amended Code.
Commissionec Bushore stated if this was denied today, there would be no
control over it and it could continue as it is now. He asked iE a conditional
use permit was granted with conditions, would that nullify the
4/29/85
MINUTES. ANANBIM CITY PLANNING COMMIS&ION, APRIL 29~ 85 85-230
reclaseificakion. He atated he was concecned thet t.he Police Department had
not repnrted any law enforcement actiana a~ a reault of the club activitiea.
Greg liastinga stAted staff contacted Karen Engliah of the Anahpim Police
Uep~ctment three different times and ahe reseacched the recardo and indicated
all the reports she had on the pcoperta~ were the two occAaions when eumeone
had bcoken into the premises.
Commissi~i~~r Bushore stAted he has a reA1 concern about the ~arking, but the
only way he woul.d go Along with this would be with control and he would look
ut this a~ a bar th~t in operating ~d~ac~nt to a rFaidentinl area where thc
muaic would have to be stopped at a certain time and the ~oors and wind~ws
would have to be kept closed. He atated he would be consider'ng the music to
be stopped at 9:OU p.m., either live or cecor~ed.
Mr. Bereteeg stated ~ne of ~he main concerns ta noise and when lhe
impcovements are made, they expect tt~e noise level to be reduced 4o zero. E~e
stbted rental o~ the facilities ia only made with an AVIO member and members
t~ave the by-laws ~nd arc fully aware of the rulea and reyuletions.
Commissioner B~shore clarified that only membera of the club can rent the
facflitiea and pointed aut the staEf report indicates the facility was rented
to a non-member. Mr. Bersteeg reaponded he was not awace of that incident.
Mr. Berst~eg ceapanded to Commiasioner Bouas that they charge $350 ~~c the
rental of the facilities and usually wedding rece~tions are from 4 to 6 houcs
long and they do not neaessarily put a limitAtion on the rental, but certainly
ik should be over by mfdnight.
Cortunissioner La Claire stated the club ifi caueing a problem for the neighbocs
and it seems to be on Satucday nights when the faeilities ace rented and she
thought it would be helpful to enclose that pat.io urea, but she did not think
the club is taking the responsibility that is needed because people would not
be taking L•he time to come to these meetings unless there 1E a problem that
they need to discuss= that, in fack, the agent at the pcevious meeting
admirted there was a problem sometimes. She stated she thought the activities
on 5aturday nights should be timited to 9:OU p.m. because on those nights the
facility is not used for club members and on nighte when it ie used by club
members, there does not seem to be a problem. Mr. Bersteeg ~tated they rent
the facilities two or three times a mon~h; and that they have 600 members in
the club and would usually have an attendance of 60 to 80 pe.ople on a Friday
or Saturday night.
Commissioner La Cl~ire stated thie is really the wrong ar.ea for this type
facility; and khat when dance eatablfshments are allowed ~hich could cause
problems for the neiyhbors, they have to live within the limits approved. She
asked wt-at they are willing to do to enforce the rules.
Mr. Bersteeg atated th~y do h~ve a managec who is on the premises for special
occasians and the Board of Dicectors has decided they always want to have
someone present and they would also have a Marshall present when necessary.
4/29/85
MINUTES, ANANEIM CITY PLANNING COMMISu.IOW~ APRIL 29, 1985 85-231
Commiasioner Ld Cla~te asked if all muaic cauld be atupped at midnight on
~riday and S~turday nighta and Mr. Becsteeg stated it co+~ld. Commiasioner Ga
Claite askod it they could patrol the parking lot in the rear to keep the
people Irom standing around outaide and waking up the neighbocs. She also
asked About the light on the parking I.ot. Mc. aersteeg responded they would
take care of that problem. Commissioner La C~aire asked 1E they w~uld have a
person in the parking lot to make sure that everyone leavea when the dance is
over.
Chairman Necbat added he would want to have the ~ound checked by qualified
sound e•n~ineers so that proper oound attenuation can be takei~. Commissionec
La Claire steted she would want lo see thnt made a condition.
Commissioner Ery stated he wauld vote aga.inst this reyuest because he tho~ght
it has probably served il•s purpo~e ao a private club and when they began
leasiny it, they loat control and there is no way to keep a band fcom playing
Coo loud and 'ne thought it would continue to be a nuiaance and alao the
parking is inadequate.
Chairman Nerbst stated iE this conditional use permit is denied, the use will
remain the same Ra it is now becauae it ia there by ri9ht, but if the permit
is granted, they can contr~l it and sound attenuation measures can be required
and also, guarda can be required.
CommiASioner La Claire ugreed. Commis»ioner Bushore stal•ed he would go along
with the request, but not to have the muaic play to midnighl•, because people
yo in and out the back door, and the music would disturb the neighbors.
CommissioneX King stated the applicant has promised to live up to certain
conditians and the permit can be revaked if conditions are not complied wxth.
Mr. Bersteeg stated he and the board membeca are fully committed to comply
with any stipulations made today.
ACTIUN: Commissioner La Claire offered a motion, sec~nded by CommisRioner
King and MOTION CARRIED that the Anaheim City Planning Commission has reviewed
the proposal to expand an existing private club with alcoholic beverages with
waiver of minimum number of parking spaces on a rectangularly-shaped parcel of
land consisting of approximately 0.72 acres, having a£rontage of
appxoximately 101 feet on the north side of Katetla Avenue and furkher
described as 1557 West Kate.lla Avenue (Dutch Club AVIO); and does her~by
approve the Negativ~ Declacation upon finding that it has coizaidered the
Negative Ueclaration togethec with any comments received during the public
review proce~s and fucthet finding on the basis of the Initial Study and any
commenks received that there is no aubstantial evidence that the project will
have a signifi.cant ef.fect on tl~e environment.
C~mmi.saioner La Claire offered a motion, seconded by Commissioner McBurney and
MOTION CARRIED that the Anaheim City Planning Comm.ssion does heCeby grant
waiver of Code requirement on the basic the petitioner has stipulated to
provide a p~tking agreement with the next door neighbor to Frovide additional
parking spac~s, as needed, and to notify eacli club membec that they must park
on the premises and further on the basis that the parking waiver wi.il not
4/29/85
MINU'.CES. ANAHEIt~1 CITY PLJ1l3i;: NG COMMTSSION, APRIL_ 29, 1985 85-232
cAUae an increase in traffic congestion in the imm~diate vi.cinity nor adversely
affect any ~djoining land usea and granting o~ the ~arking waiver under the
conditians npo~ed, if any, will not be detrimental to the peace, heatth, safety
and general welExre of the citizena of the City of Anaheim.
Commfssianer La Ciaire offered Resolution No. PC85-110 rand moved for ita pa~sage
and adoption Lhat Anaheim City Planning Commission does hereby qrant Conditional
Use Permit No, 2G72 pursuc~r~t to Anaheim Municipal Code Sectiona 18.03.030.030
thcough 1d1U3.030.035 and subject to Interdepartmental Committee recommendation~,
including the condition to provide the parking agreement, and also that two boacd
membera or a uniformed security yuard would be present ~t all special events, and
that some person will be responsible to see that the parking tot i~ monitored
aCter each event fs over to make aure no one .is parCying and talking zn the
parking lot and disturbing the neighbors, and tha~ the light in the parkiRg lot is
to he sheltered or screened so it will not shine into nor be seen by any nearby
property owner, and that the doors and window~s will remain closed whenever there
is music, either live or recorded, and any muEic, eithec live or recorded, will be
stopped at midnight; and that activikies at the club will be limi~ed to rhe list
submitted to include choir rehearsal on Monday, Bible study and Card Club on
Tuesday, Ladies Auxilary and Board and Entertainment Commitkee meetiny on
Wecinesday, and Bible Study on Thursday, Open Hou~e on Friday, Dancing on Saturday
and Church servfces and tea on Sunday; and furthex that a sound study with
recommendations shall be perEormed by a qualified souncl engineer, subject to the
approval of the Building Departr~ent, and the impcovements including the
landscaping, and shielding the lights will be complied with within a period of 30
days.
Prior tu voting on the above resolution, there was a discussion regarding the time
for having the music stopped and Ct~airman Herbst stated he did not believe there
would be a problem ~€ter the sound attenuation measures have be~n accomplished.
Commissioner Bushore st.ated the sound attenuation will be based on the back door
and windows being kept closed, etc. Mr, Eiersteeg stated the reason for purchasing
the air eonditioniny was so the people inside would not go oukside during the
summF~r. Commissioner t,a Claire stated everything sho~ld be closed at midnight.
Un roll call, the foregoiny cesolution was pasaed by the following vote:
AYES: BUUAS, HERBST~ KING, LA CLAIRE, MC BURNEY.
NOES: BUSHORE, k'RY
ABSEI~T: NONE
Commissionec La CLaire suggested khe neighbocs get her telephone number and let
her know if thece is a problem within the next 6 months.
Commissioner Bouas c.laci£ied the activities listed in the staff report are the
only things that can bQ done at the club, and the days indicated.
Malcolm Slaughte[, Deputy City httocnPy, presented the written right to appeal the
Planni.ng Commissi~on's decision within 22 days to the City Council.
Mr. Robinson asked about the recreational vehicle parking on the premises and
indicated sorneone does sleep in the vehicle. Commissioner Bouas stated that is
not permitted and they should call the Code Enforcement Office. Mr. Robinson
stated peo~le have actually parked their RV in frant cf his residence and slept in
it overnight and Empl•ied the water into the street in the morning.
4/29/85
MINUTES,_ ANANEiM CITX PLANNING COMMISSION, ~PRIL 29, 1985 85-233
R~CESSED: 3:00 p.m.
RECONV~NED: 3:1p p.m.
ITEM N0. 4. EIR NGGATIVEr WAIVER OF CObE REQUIREMENT ANU CONAI2`IONA~ U5B
PERMIT N0. 2681
PUBLIC NEARING. OWNER: COMMONWEALTH FINANC'IAI, COkP.r P.O. BoX 76478~ Los
Angelea, CA 90U76. AGENT: UNITED SUIT~S OE AMERICA, INC., ATTN: ROBERT
FULL~R, 450 Newport Center Urive, Newport 8each, Ca 92660. Property desccibed
as an irregularly-shAped parcel of land consiating of epproximately 6.34 acres
located at tt~e southeast corner of Erontera Stteet and Glassell Street.
To permit a aemi-enclosed freestanding restaurAnt with on-sale alcohulic
bevecages and waiver of minimum number of park:ng spACe~s.
Continued from the meeting of Apcil 15, 1985
ACTION: Commia~ioner Kiny off~red a motion, seconded by Commisaioner Bouas
and MOTION CARRIEll that considecation of the aforementioned mattec be
cantinued to the regularly-$c'~eduled meeting of May 13, 1985, in order to
submit revised plans.
ITEM N0. 5. EIR NEGATIVE DECLARATION AND RECLASSI~ICAmTON N0. $4-85-35
pUBLIC FiEARING. OWNERS: NELSUN ANC DY~ CONSTRUCTIOH~ INC., ET AL, 2969 E.
Coronado Street, Anaheim, CA 92806 ~nd Robert M. and Marilyn L. Shephard, ~/o
Boydstun Re~lty, 703 N. Anaheim ~oulevard, Anaheim, CA 92805. Property
described as a rectangularly-sha~ed parcel of land consi.sting of ~pproxi.mately
p.48 acre, 533, 537 and 539 West Broadway.
RM-2400 to RM-1200 to construct a 12-unit apartment complex.
ACTION: Commissioner King offered a motion, ~econded by Commissioner Bouas
and ~10TION CARRIED that consideration of the aforeme~~tioned matter be
continued to the regularly-scheduled meeting af ~ay T3, 1985, in order to
submit revised plans reflecting street-widening dedication.
ITEM N0. b. EIR N~GATIVE DECLARATION AND VARTANCE N0. 3480
PUBLIC HEARTNG. OWNERS: ELDON AND MARG~ ET A. HAUCK, 1004 W. Alberta,
Anaheim, CA 92805. AGENT: GARY MASCIEL 420 S. Euclid Street, Anaheim, CA
92802. Property described as a rectangularly-shaped parcel of land cansisting
of appcoximately O.I6 acre located at the northwest corner of Chartces Street
and Clementine Street, 201 Nocth Clementine Streek.
Waivers o£ (a) maximum sfte coverage, (b) minimum struatural setback, (c)
minimum side yatd setback, (d) minimum recreational-leisure area and (e)
vehicular backfng onta a public srreek to conBtruct a 4-unit apactment com~lex.
There were four persons indiaating their presence in opposition to subject
request and although the staff report was not read, it is refer:ed to and made
a part of the minutes.
4/29/85
MINUTES. ANAHEIM CITY PLANNING COMMISSION, APRIL 29, 1985 85-234
Commiaaioner Bushore declaced a conflict of inCereat as defined by Anaheim
City Planning Commie~ion Resolution No. PC76-157 adop:ing a Conflick of
Interest Code for the Planning Commisaio~ and Covernment Code Section 3625, et
~eq., in that he is a cvntcactural real estate agent for the Redevelopment
Agency and pureuant to the proviaiona of the above Codes, declAred to the
Chairmpn that he was wflhdrawing irom the hearing in connection with Variance
No. 3480, and would nat take part in eithFr the diecussion or the voting
tt~ereon and had not diacuased this matter with any member of the Planning
C~mmieaion. Thereupon Commissionec Buehore left the r.ouncii Chamb~r.
Gary Masciei, agent, explained pte~ently ther~ ~re two units on the property
and they propooe to remove those units and build *.he new four-unit apartmen~
complex and the owner ptana to occupy the grau~.~ floor unitj and that khe
maximum site coverage is not quite 28 over what is allowed by Codet that tl~~
maximum structural setback waiver is neceseary because of the zero lot line on
l•he nurth side oE the property that sides up to the day-care center. He
explained the owner did talk to that neighbor and she has signed an agreement
that ahe has no problem with the waiver, but there is A tenant an that
property who is presents that. tiie minimum side yard aetback is basically on
the corner par.cel and a 15-foot setback ia required on Clementine and Chartrea
an~ thPre are gacayes on Chactres w!~ich are not set back 2U feet and a trASh
enclosure ~nd garaye area encroaches within 6-1/2 feetj and that thia is a
corner lot and the recreational-leiaure area is 167 square fe~t per unit and
ear.h unit would have its own patio and b~lcony area, but beca~se this is a
corner lot, the serback area on Chartres wi.ll not be allowed as leisuce arear
and regarding the vehicular b~cking onko a public street waiver, hs explained
the City ir.affic EnginePr did not have any problem with that situation ~t the
InterdepurtmentAl Cc~mmittee meetingt and the Masonic Lodge and E1 Carnino
center presently have access on Chartres st•reet and the two existing units
have access on Chartres.
Kent Stoffel presented a petitior, opposing the request and explained this !s
the Redevelopmenk Acea and ti~e residents have cooperated with the
Redevelopment Agency and tiave a~ent a great deal of time and money to bcing
theae properties up to the skandards required and are concerned that this
pcoject will not fit in wi.th the 50-year old housing that is existing in the
area. He stated the City spent a lot of time and money to come up with th~
Codes and they feel there must be something wrong here if they have to have
this many waivers from Code and they ~re against waiving the Code.
Mr. Masciel stated he was aware of the neighbor's concerns; that originally
when the pruperty owner decided to develop, !ie had designed the project for 4
uniks and presented it to the neighborhood and their concerns were we11 taken
and the representative for the Redevelopment Agency met with the property
owners and determined how to cetain ~he heritagP of the acea by using wood
extetiors, etc. because there are a lot of wood stcuctures in the area. He
stated since this is in the Redevelopment Area, it is a very nice community
and neighborhood and there is a concern that the area d~es continue to
improve; and that the property owner's concern is to have a unit that is
owner-occupisd close to the downtown area foc shopping, banking, ete.
THE PUBLIC HEARING WAS CLOSED.
4/29/85
MINUTES. ANANEIM_CITY__PLANNING CUMMIuSION, APRIG 29. 1985 _85-235
Commisaioner tioua~ aeked about thu ~greoment with the neighbora expreseing no
oppoaiti~n. Mr. Ma~ciPl ataL•ed the property awner doea not tive in the area,
but has signed a stdtement that Hh~ doea not object to the waiver.
Greg Nastinga, ABSOCiate Planner, reapanded to Commiseioner LA Ciaice tliat all
the Iots are zaned RM-1200 and it is difEicult to say how many units would be
allowed on @ACh lot, but: the maximum would be 36 units per acre And in this
caee that would be 5 units And pcobably ~ or 4 units wuuld be permitted on
each lot and stated, moat likely~ due to ttie length of th~~ l.ot, several
waivers would be nec~ssary and Commisaioner La Claire clarified that the
Redeve~opmPn~ plan desiynates all that area as RM-1200.
Malcolm Slaughter, Deputy City Attorney, ~taC~d the Redevelopment ptan simply
deaignates ttie acea Eor reaidential pur~oaea, with Greg Hastings fur~her
explaining that the actual designalion an the Redevelopment Plan is
Neighborhood Preservakion which mean~ the use must remain reaidential and it
ie currently Zaned RM-120U which allows singla or multiple-family homea and
everything in this area is sing.le-family, exr,e~t Eoc the day nursery which was
approved in 1941 and is a converted sing'la-family structure.
Commisaioner ~a Claire stated this would be the first time in that block for
anything like this.
Commissioner Bouas po.inted out all the units b~ckinq up to this propecty are
aingle family. Greg Nr~stings atated the north side of the alley was
desig~ated RM-1200 and is developed with single-family residential homes.
Chaicman Herbst stated this whole area ha~ been designated Lor redevelopment
and this particular site is rigtit accosa thQ atreet from the Telephone Company
and the new office building d~wn the street and the new bank butlding and it
appears if thec~ is any place to start reconstrucl•i~n, this would be the
beet. He stated because it is a cc~rner lot, the setbacks are dif£erent And
Ace more severe and some of theae variances would not t nece3sary if this was
an interior l~t and he did not think 4 units wuuld impact the area that much.
Commiasioner La Claire stated it does seem ~ shame to change since this area
is being redeveloped and there are nic~ older homes existing. She atated she
recentty had friende visiting from Flocid~+ who wanted to see Anaheim the way
it was and the way it ;s and they were really disappointed with all the modern
office buildings until they saw the older cesidential areaa; and that there is
a traditfon here and Anaheim does not have architectural review committees,
and that ahe would not be opposed to the units, but. did not likA the stairways
intruding into setbacks, etc. and would like to see the whole area rexoned
back tu single-family residential, but it haa already been zoned to RM-1200 so
people have purchased their homee planning to build on them and ehe though~
some praperties would allow 4 to 6 units wi~hout coming before khe Commiasion,
if they did not require a variancP, and she would not want to see that, but
could not deny a variance because this is a corner _-?t and maybe one or two of
the variances are needed. but she was concerned about the architecture of the
project fitting into thi.s neighborhood.
Commissfoner King etated he tnoaght this was an ideal apot for auch a
structur.e. Commissioner La Claire atated the property owner has the right to
d/29/85
MINUTES,_ANAN_F.IM CITY ~1.ANNING WMM:SbION. ~PRZL 79, 19a5 _ 85-236
t,u~ld RM-1ZOQ an the propecty, but he mey not liave the cighk L•o tho variances
and ~hat wa8 hec own pacsonal o~inion about tha dor~i~n oE the pco~eet. 5he
stated ehe ia concerned about the vohiculnr backing onto the publia street and
ig concernRd thAt peo~~le living in the units would not ~erk in theic garages
and would uAe th~m foc etocac~e and asked 1E r.he unita will have autometic
garage d~or opnnecs, with Mr. Masci~l expleininq they wili.
Commiaeior~er Fry stated he ia glad wc d~ not l~n~;e z~chitectural control
boardar thAt Mr. Stoffel stated he did not think the untts would fit into the
neighbochood and wantrd to point ~ut there ace already Cwe units on ~he
norkhweat cornec of Nelen and Chartce~ and the Ebel'l Clu~ ~t the southe~xk
cornec and nn the sautheabt corner of Clementine and Cypress thece ia An
oEEic~: building and thQ telephone com~any r~cross tt~p stceet and other oEfices
in the area anc] added he thought thfn is a good development Eor thP &rea and
he i~ i~ favo~ oi iC.
ACTIC~N: Commissioner tr.y afkered a motion, seconded by Commi.saioner King And
MOTIUN CARttIEU (Commiosionec Huehore aba^nt) that the Anaheim City Planni-q
c:ommiaeion han reviewed ~he pcoposal to conatcuct a 4-unit apart.ment compl~x
with waiver of maximum site roverage, minimum structural ae~_k>~ck, minlmum side
vard aetb~ck, minimum recreal.ion~~l-leiaure area and vehiculac back:ng onto a
public street on a[ectbngularly-ghaped parcel oE land consi~ting oE
appcoxirt~Ately U.1G ac:rea located at the northwest corner uE (:h~rtres Street
and Clementine 5treet r~nd fucthec descrlned aa 2U1 North Clementine Streett
and do~s hereby a~~rove the Negatit~e Declacetion upon finding that it t~as
considered the NPgatiVe Declbration together with any commenta rt~ceived during
the publ.ic review pcocess arJ turtt~er Einding on the basis oE the Initial
Study anu any comments rece~ved that ttiece ia no suhstantial evidence that the
tlroject will have a significant ef[ect an the enviranment.
Con.~is~ionet Fry ofte[ed Reaolution No. PC85-il! and moved for i.ts passaye and
adopticn tt~~-t the Anaheim City k~lanning Commission daes herFty grant Vaciance
No. 3480 on the basis this is a cnrner lot and thece are other mul~:.iple-family
units in the area and on the basis that there ace ~pecial circumotances
applicable to the pcoperty auct~ as size, nhape, topography, locakion and
surrour~dings which du not apply t.o other identically zaned property in the
aa:ne vicir.aty; and that atrict appli.catfon of the Zoning Code depclves thE
pro~+erty of privileges enjoyed by uthec proPerties in the ider.tiaal zone and
classification in thp vicinity and s~b~ect to Interde~artmental Committee
recommendations inci~,dir.g t:he requiremenk for automatic garage door openers.
Commissioner La Claire usked the petitioner to stipulat~ khat the garage~ will
be uged for parking only and that the tenants ~rill. bP notiffed of that
restriction.
On coll call, the foregoing resolution was pas~ed by th~ following vote:
AYES; HOUAS, FRY~ HERBST, KING, LA C:.~,iRE. MC BURNEY
N4ES: I~ONE;
ABSEhT: NONB
ABSTA].N: BUSHGRE
Malcolm slaughter, veputy City Attocney, ~ceaented the written rfgl:t to appeal
the Planning Commission's decisiun wil•hin 22 days to the City Councit.
4/29/85
MINUTES, ANAHEIM_ CITY pLANNING COMMIS&ION, APRIL 29. 19$5 85-23:'
Commlesione r Bushore returned to the Council Chamber.
There was a response in th~ audience from the opposition that they did not get
an opportun ity to apeak and did not think thet was fair.
IT~M NO. 7. EIR NEGATIVE DECLARATION ~ND VARI.ANCE N0. 3481
PUBt.IC H~ARING. OWN~RS: JESSIE C. HONNER, P. 0. Box 4241, Anaheim, CA
92805. AGE NT: GARY MASCIEL, 420 S. Euclid Street, Anaheim, CA 92802.
Property d e scribed as a rp~tar~gularly-ahaped parcel oE land consiating of
appc~wimate ly 0.6 acre located at the 8outheast. cocner of Cypresa Street and
Coffman Street, 22U N~rth Cof£~nan Street.
Waiver oE maximum structural height to construct an e-unit apartment complex.
There were nine persons indicating their precence in o~~nsition to subject
request and although the staff rcport was not rec+d, ~.t iF referred to and made
a ~art of tt~e minutes.
Gary Mascie i, agent, waa preaent to ansa~er any questions and explained tt~ere
are five re sidences in that vicinily which are no` ~wner occupied.
Naomi W~y a sked if there waa an environmental impact ceport prepared on this
projecr and 1L there is one, 1E it is pvailable for the public to see. Greg
H~~stings, A ssociate Plann~r, stated there is a Negative Declaration nnd An
Initial Stu dy which will be available after the meeting in the Plar.ning
Depart~nent and she can view them at the c~4nter. Resoonding to Commieaioner
Bushore, Gr ey Hastings explained in lieu of ar, environmental impact r~port,
t;here is a Negative Declaration which indicates from the informati~n f.urn'.shed
by the applicant that there is no aubs:anh.ial effect on the environment f~y
thia prc~ec t and that the pzrson futni.$hing the in`ocmation wauld have signed
that form and also a staff inember wuuld have signed it.
Ms. way ref erred to Paragraph 16 of the staff report which indicates that
prior to th e introduction of an ordinance rezoning property in the 6.4 acre
projeck are a, the City C~uncil shall conduct a public hearing t~ consi6er the
closure of cypcess Street at its westerly terminus. She stated t:he City
Council and Planning Commission have a.lrendy g~~~nted the variance and rezoning
and asked i f the construction can take place before anything is d~ne about the
CyF-ess closure.
Greg Hastin gs stated that was a condition for the rezoning fn the General PYan
Amendment w hich ;~ras approv~d in 19~1, re~ufring that before any propPrty owner
constructed on the property or befoce they r~eceived any final ~oning on the
properties, they would have to ask City Council for a public hear.ing to
discuss tn e closure of Cypreas Street on khe west si9e.
Ms. Way s~a ted she was at that meeting~ however, there were no pro~nises, only
asaurance i t would be taken under considerat;lon, but there is no guarantee in
this that Cypress will be terminated at F,v~lyn Drive and it does not require
that it• wil 1 take place before construction begins. She state~ being
subjECted t o new conatruction causes inconveniences with dust, ~irt and .ioise
ar,d people dtiving in and out of the area; and stated there i~ ~t of damage
4/29/85
M
~ ~,
MINUTES, ANAHEIM CITY PI,ANNING CUMMISSION„L APRIL 29, 1985 85-238
~ram the traftic from the Coffman aree. She stated she would lik~ to be
ae~uced that befoce they car- conetruct, that the termination of Cyprees is
taker. care of snd completed.
Chairman Herbst explained t;~ece will be a public h~aring rogarding that and
the people will have the chance to exprea~s their opiniona as to whether oc not
they want it cloaed And the City Councit is the only body that has th~ p~wer
to close a streats however, the Gommission will probably make the
recommendA~ion r,hat before they can skart con~truction, the City Council would
hold the public hedring to malse thAt determination.
Gcey yastinga explained the public hcacing w~uld be requeeted by tl~e first
person on the bl~ck to ask ~or the rezoning to multiple-family in or.der to
buil~ and explained the prnperties huve not actue~lly been re2oned.
Chairman liecbst stated 1E this project is approved, the petitioner would t~~-ve
to com~~ly with thAt condition before ttiey could start conatcuction and the
people on Evelyn Urive would be notified.
bta. Way explain~d nok everyone was notified of khis hearing today and ahe
called her neighbora and some of them are present today.
Dan Torrer~, 19U9 E:. Cypress, staLed he live~s directly across €tom subject
property and that this project Will reyuice 20 packing spaces for the units
which means 20 more vehicles wilt be coming inho this a:ea and if c:ygress
Street is cloasd at Evelyn, that means there will only be one way in and one
way aut; and that right now there are two construction businesses opecating fn
this area, on~~ on Coffman and one on Cypress and they were there before the
zoning was effective under the 'Grandfather• rights. tie stated he has been
trying to clear~ up the area and has been trying to geC the Code enforced by
having the weeds cleaned up, etc. and he would like to see this ~tceet look
like Evelyn Drive; that thece are a lot of older homes i.n this area and ff the
Code was enforced, he thought the area could be cleaned up and the apartments
would have a definite itnpact on the area.
~1r. Tocres atated the Village inn has numerous criminal violations with loud
music, et.c. and the neighborM have to keep their curtains closed because
people are constar,tly looking over into their windows and he thought a 2-story
apartment wuulc9 f~ave an adverse impact. He stated there are children i~~ the
r.eighborhood and adding more cars will be a hazara and eliminating the 7.0-foot
setback wi21 put them 5 feet closer to hia property. He stated there will be
parties with loud music and the krash area is directly acr.o~s the atreeti Erom
his house which would c~eate bad odors, etc. He sta~ed he a~,,uld not mind
1-s;.ocy apartment units, but thought 2 stor;es would create a big prob'am.
Ruth Motley stated she livea on Evelyn Drive and her backyard would be right
at the rear of the apar:tments and if. thet were 2-atory units, they would take
away the privacy :rom the homes on that aide o~ the street. She stated she
tho~.~ght it would be much better to have condominiums that would be owner
ocr.upied. She stated she is concerned about ~h~ traffic on Evelyn Drive
because there Are ch?ldren and the tcaffic is getting to be quite a problem.
Cor.nie eojorquiz, 1903 E. Cypress, ceferred to the narrow streets on Coffman
and Cy~ress and with packing, thry will be very crowded.
4/29/85
MINUTES. ANAHEIM CI'PY PLANNING CUMMISSION, APRI1._ 29~ 19HS __ 85-239
James Taylor, 200 N. ~velyn, atuted his kitchen facea Cypress nnd their houae
has alteady been hit by a motorcycle and he ia concerned about the cl~aure of
Cypcesa. !ie atated there are problQms now with tt~e Villdge inn And having
more apactments will cauee more problems and people from the Village Inn jump
aver the wal.l and run down cypress Street And out Evalyn ho get away f rom the
Police when they a~o being pursued.
Litlian Roberte stated she lives on Evelyn Ar.tve cnd is ^pposeo to the 2-story
apartmenta because iE they go on the ea st side of the street, they wi21
eventually go over to the west side and would back cight up to her back yard
and ahe woul.d not want 2-at~ry apartme~ts looking dow~ into her backyard. She
etated she fa concecned about traffic b ecause none of the cars f~~um that area
go out CotF.man onto Lincoln and all com e onto Evplyn Drive and t ere are
children on Chat skreet and it is not s afe. She etated she is in favo~ of
I~AVing the street blocked off and that she is against the 2-atory apartments.
Ann Millard, 239 Fvelyn Urive, stated the lots on the west aide of the ctrePt
are very ~eep and they will be able to put i.n 15 units end Cypres~ and Coffman
Stceeta are narrow. She atated if each uf. khe eight units only ha~ 3
residents, it would add a lot of people t~ that area.
Mr. Masciel asked what the present zon ing ia on thia property. Greg Hastings
explained the zoning is currently RS~7 200 which is single-family resid ential,
but in 1981, the Planniny Commission a nd City Council redesignated the entire
area of CoEfman and Cypress Eor rnultiple-family uses which is RM-2400 and it
ia under a resolution of Lntent to multiple-family with the provieion that
there be no more than 15 units per. acre allawed.
Mr. Masciet stated staEE ha' made them awace of the neighbor's concerns and
that they have the same basic concerns and the closur~ of Cypreas has been a
cloud ir. the air and he has talked to various staff inembecs in different
depactments and they do not have the answer. He added that Mrs. eonner is the
preaent uwner of the property and it is in esccow at the present time to be
YurchaaPd by his father.
Gceg Hastings pointed out the only thi.ng before the Planning Commission is the
variance to construct a 2-story building instead of 1 Btory and the rezoning
has already been settled at a previous hearing and all the petitioner has to
do io meet condi~ions oP that re2oning and one of the conditions is that the
City Council consider the clcsure of t he street.
THE PUBLIC H~ARING WAS CLOSED.
Commissioner Mceurney st~ted this is j ust the beginning and if Cypres~ Street
is to be cul-de-saced at its westerly terminus, it will focce Che traffic down
Coffman and rhat is a bigger problem because of the narrow street and asked if
it will be Ridened to ceceive that ext ra laad.
Jay Tikus, Office Engineer, stated on e of the conditions recommended an this
project is foc dedication to :~ Feet and r~location of the existing street
improvemenks to the ultimate location an~3 that this will occur as properties
along Cypres~s are developec~. He explained the C:ty is asking for the 3U foot
right-~f-way anc: the curb would be at 20 f eet which is the skandard f or an
4/29/85
MINUTES, ANAHEIM CITY PLANNING COMMI38ION1 ~PRIL 29. 1985 85-240
interioc reaident~al street and pointed out thece is A proposed condition foc
dedication and relocation of existing improvements on Cypreas and Coffman.
CommisAioner Bauas asked what happene t~ the exieting houaes if the aGreet ia
cul-de-saced. Jay ^aitue stated it will be a p[ivate dcive with a modified
cul-de-sac whiah ia a curbed radiue within th~ ultimate righk-of-t~ay and a
depcesaed curb driveway section would have ta be ~rovi~ed Eor accea~ to thoae
homea.
Commissioner ~ouas stated the Village Inn is suppoae to be a motel, but it has
become anythiny but a motEl and is a major concern for the neighbors and they
f eel any kind ot apartments would be of. the oame nAture and draw the same kind
oE people aa the ~:.llage Inn.
Commissioner La Claire stated tt~e cheapest apartments that she knows of in any
area ot Urange County rents for a minimum of $375 a month and with the cost of
building today, most of them are renting Eor $500 to $600 plus a monkh and ahe
thought that would eliminate the fears that this project will be like the
Village Inn.
Commis~foner King stated L•his project will upgrade the area.
Commissioner Bushore atated everytime there is a hearing, these peuple are
£orced to come out and keep requQSting that Ftreet be clo~ed and stated one af
the concerns when Variance No. 3211 was eF ~roved was the homes that back up on
Evelyn Urive and the street width and precedent that would be stacted and ~he
Commission and City Council wanted to uphold certain things. He stated he
talked ta ~ir8. Bonner about a yeac ago and discussed some of the neighbor's
ccncetn3 with her and the fact the nu~~~,r of urita allowed would be l~mited
and thece was a concern cegardiny Z-st~ry units and she was concerned abuut
getting the maximum number of units on her propecty. Ne ad~e~ this will be
starting tr,e tr~nsition of the street and it has to be done very careEully
'.ecause there are older people whu would never want to sell their propecties~
He sLated he has no problem on the east side of CoEfman with 2-story units,
but he will have a b:g concern with 2-story units on the west side an~ he
would make a recommendation to City Council that CypresE SEreet shnuld Ue
closed and all the neighbors have expressed the reatization that they know
something will be developed, but they want Commission and Ciey Council's
protection.
ACTION: CommiASionec King offered a motion, seconded by Cummissioner Fr, that
the Anaheim Cily Planning Commission has reviewed the proposal to construct an
8-unit a~artmer,t complex with waivec of maximum struetucal height on a
rectangularly-shaped parcel of land consisking of approximately 0.68 acres
located aL the southeast corner of Cypress Street and Coffman Stree': and
further desccibed as 'l20 North Coffman Streett and does hereby approve the
Neyative Declar.ation upon finding `het it has considered the Negative
Declaration together with any com~~,~~~t~ received during the public review
process and furthes cinding on the baaia of the initial Study and any comments
received that there is no substantial evidence that the project will h•svP a
significant effect on the environment.
4/29/85
MINU'rES. AN~NEIM__CI_TY PUANNING CUMMJ.SSIUN, APRYL 2~. 1985 __s5-241
Commi..aioner King c~££ored Reaulutlon No. PCdS-112 and moved for its pasaege
and adoption that the Anaheim City Plenning Commigsion does heceby grant
Varianc:e No. 3481 on the bASis tht~t there ar~ spec~al circumatances appticnble
to the pro~erty such ns size, shape, topography, location and sucraundinga
whicl~ do nor. apply to other identically zoned proporty in the same~ viciniCy=
und that atrict application of tha 2oning Code deprives the property of
privileger~ enjoyed by o~her properties in the identi~al zone and
classification in the vici.nity u~id ~ub~ect to IntecdepACkmental Committee
recammendationa.
On roll c:all, the i~regoing resolution was pa~se~l by the fullowfng vote:
AYES: l30UASi 9USHOR~;, FRY~ HERBST, KING, LA CLAIRE~ MC I3URNEX
NOES: NONE
ABSENT; NONE
Ptior to vo~ing an the previous reaolution, Greg t~asti.ngs explained the
building setback io 9F feet to the wESt, ?2 feet to the north, 39-1/2 feeC to
the east and 65-1/2 feet to the s~uth. Chuirman tierbst explained the 150-foot
setback has bee:~ waived muny times due to the lAnd it~rlf, but the low has
been 75 feet an~~ if this was closer to thp homea on Evelyn Street, there would
be a bigger diffecence in the setback, and in other areAS,apac~ment projects
were permitted 36 units to khe acre, but only 15 units woutd be ailowed in
this area.
Commiesi~nec Kiny offeced a motion, seconded by Commissioner B~shore and
MOTION CARRIED that the Anaheim City Planning Commis~ion does hereby recommend
to the City Council that prior to the introduction of any ocdinance re2oning
any property in the pcoject area, the City Counci: shall conduct a public
hearing to consider the closure of Cyprecs Street at its westerly terminus.
Mal.colm 5lauyhtPc, Deputy City Attorney, pcesented the written riqht to appeal
the Planning Com~aission's decision within 22 days to the City Council.
ITEM N0. ~3. EIR NEGATIVE DECLARATION AND VA~IAN~~ N0~_____3482
PUBLIC HEARING. OWNERS: ORVII.LE B. WOOAS, ET AI, 1224 E. La Palma Avenue,
Anaheim, CA 92805. AGEiVT: MAGDY HANNA, 4000 MacArthur Boulevard, Suite 680,
Newport Beach~ CA 92660. Property described as an irregularly-shaped parcel
of l.and consisting of approximately 0.79 acre, 1224, 1228 and 1236 East La
Palma Avenue.
Waiver oi maximum structural height to construct a 3-story, 26-unit apartment
complex.
There was one person indicating :~is pcesence in opposition to subject reqi~eat
and although the staff report war not read, it is referred to and made a part
of the minutes.
Ma~dy Hanna, agent, explained the carports were designed as a buffer on the
south and west between this pcoject and the single-family homes.
Stan Szot, stated he lives directly behind the property and is not opposed to
the ap~rtments, but he wants them to be ]-story high and also that there be no
ry~
4/29/85
MINUTES, ANAH~zM_CTTY PLANNING CqMMIS&ION, APRIL 29, ty85 _,_, 85-242
windows fncing his backyard and a highec block w~ll, At leaat by 1 fo~t, be
provided, pointiny out his existing wall is 6-feet hi:h. Ne addPd he did not
want any bright liyhta shining into his back yard.
Mr. Nanna atatNd th~y will p~ovide a~lock wall acound the property and the
parking lot lights will be deslgned so they will not bother the neighbotst
however, h~ could not do Anything dbout the height of Che atructure.
TH~ PUKLIC HF.ARING WAS Ct.OSEL.
~tespondiny to Commissioner Mcburney, h(r. Hannn stated the exisCing three homes
are single-atory.
Respondi:~y to Commissioner Bushoce, Greg H~atings- Aesociate Planner, steted a
15-foot landscaped buffer waa approved fur the property next ~iooc to the eaet•
Commissioner Bushoce ask.ed wi~y the Planning Commiasion ~olicy requiring a
20-foot wide land~caped aetback udjacent to oingle-family residential property
was not complied with.
Chairman Herbst slated iE f~ is not euitable coat-wise to build the units
without inflicting the development on the other pcoperties, mAybe it st,ould
not I:e developed nt all. Fie stated the neighbors have been thece for ~i long
time in their single-f~amily h~~mes and this project pcopose~ garagea cight in
their back yards and he would want a buffer and would not approve 3 etories
tha~ close to ~:inyle-family. He stated the project could be redesigned with
something more suitable Lo the neighborhood and added he would be in favflr of
a continuance.
~1r. Hanna skated La Palma is a major boulevard and a change is requice~ from
single-family resi.dances.
Commissioner Fry c~ariEied that objec~ions are to the 3-story units within 41
feet cf the single-family homes on the south. Commi~zsionec~ La Claire atated
shs thought there is room for r.ompcomise on the other two sides; that the
property next dooc on the east was gr~~nted a 15-fcot wide landscapeL buffer
and thought the 15-foot setback should be continued and suggested eliminating
the 3 storiQs and providing 1 stor~ in the back which would elimfnate anyone
looking down into the neighbor's property. She ncted a lot of landscaping
coulcl be provided in khe setback and the traffic could be kept away from that
pcoperty.
Mr. Hanna stated the parcPl :s very irregularly-shaped and difficult to
develup and ther.e is no way to eliminate the height limit:.tion.
Chairman Herbst asked if the petiticner would like a contf.nuance and h;r. Hanna
stated he would like an answer t~day and he is willing to modify the plan.
Chair~nan Herbst stated •a tevi$iot~ af plans would have to be considered at a
continued D~:blic heacing.
Commissioner La Claire stated she tho~ght the Co~unission could go along with
the variance on t~e e~s*_ and west, but r~ot on the south because the neighbors
have tu be protected.
4/2~/85
MYNU' S. ANAHEIM CITY PI,ANNI_NG COMMISSION, APRIL 29~ 1985 85-243
CommiHeioner Fcy st~ted every pro~ect that hds t~oen conatructed ~n La P~ima
has atacted out wiCh the developer trying to ove~build the property witho~~t
regard to the aingle-family residencna on the south side. t1e ,~ded the
Commiasion is saying it appeare thpy are trying to put tuo many units ~n th~a
aizQ parcel and the Commisaion is cenlly concerned about the 3 story adjacent
to single-femily homes.
Commisaioner Buahor~ stated the windows need to be taken into Account ao no
one would be looking down into theic ~roperty.
Commisaioner La Claire eugqested eliminating the 3 stories on the southerly
units and providing a 15-foot wide lAndscaped buffec snd stated ah• would not
be opposed to the third story on the rest of the proRerty.
Chaicman Herbst suggested the developer vork with staff in determining whal•
has been gcanted on oti~er properties in this same area.
~otnmissioner Buahore et~ted the 3 atorie~ were atlowed on the pr~perty next
door only in the front and the 2 storie~ were allowed at 56 feet and this
request is for 3 stories within 41 feet= and on the ottiec pcoject, there wa~
no visual intcusion into the residential acea and all the windowa in the
pcoject next door face inward and not towarda the hames an~ a 15-foot buffec
was pcovided.
Mr. Hanna stated he would redesign the project to pro~~ide the 56 Peet, but he
cannot live with the 150-foot setback. He stated he would ~ake a conkinuance
and work with atafE on the r~~design of the project.
Commissioner King atated the ~;~:itioner should check to see what has been
approved in the past adjacent to ~tiis property. Commissioner La Claire
pointed out if a two-week continuan~e is gcanted, thF reviaed plans would haae
to be to staff by Friday of tnis kee.;. Mr.. Hanna consulted with his axchitect
and returned to the podium and asked for a two-week continuance.
ACTION: Commissioner La Claice offer~:d a mo~ion, seconded by Cammissiuner
Bouas and MOTION CARRIED that conside~ation of the a~orementioned matter be
continued to the regulsrly-scheduled r,eeting of May 13, 1985, at the requeaC
of the petitioner in order to submit rr~•ised ~lans.
Chairman Herbst pointed out there will be no further notices regarding this
ccntinued public heazing.
ITEM NU. 9. EIR NEGATIVE DECLARATION, WAIVER OF CODE REQUIREMENT AND
C~NDITIONAL USE PERMIT N0. 2684
PUBLIC HFARING. OWNERS: BERNARD PERLIN, 1044 Montego Arive, Los Angeles, CA
90049. AGENT: DON GALBRAITH c/o TACO BELL, 1950 E. 17th Street, Santa Ana,
CA 92701. Property described as a rectangularly-shaped par~el oE land
cansisting of approximately 0.34 acre, located at the nort.heast cornsr of Say~
Road and Knott Street, 980 S. Knott Screet.
To expand a drive-through cestaurant with waiver of minimum landscaped setback
and minimum number of parking spaces.
4/29/85
`i
MxNUTE~, ANAHEIM CITY PLANNING COMMISSIUN,_ APRIL_29, 1985 85'2A4
Thare wae no one indicating their prea~nce in oppoLition to AUbj@Ct request
and alt•hough the staff. report was not read, it ia referred to and mAde a part
oE the minutes.
Don Galb[aith, repreaenti~g Taco Bell, wae present to anawec uny questionA.
THE PU[~LIC HEARING WAS Cf.O'~ .U.
Respondiny to Commisaio~~>r King regacding the City TrafEic Engineer's concern
about the impact that :ould occur due to a vehicular accessway interseeting
the drive-throuyh la e, Mr. Galbraith ex~lained they went thcouyh a lot of
atudy to make sure ~-ta site would work adequately and h+ave tried to make sure
thaG lane, whict~~~ll be an ec~caFe lane anc~ alternate egress Eoc this
property, and wa:~ not designed for an entry.
Respondi.ng to Cummlbaioner. eushore, Mr. Galbraith explaii~ed the traati areas
are closer to the atreet to allow more ~~~~rking because of queiny requirements
of the City for the drive-thraugh lane.
Paul Singer, City Traffic Enyineer, stated the trash enclosure has to be at
least 8 f:eet back fr.am the property line fnr vfaibility when exiting the
driveway and it is sh~wn much too close to the property line and also there is
a structural setback on the street, so it has ko be moved back. He atated
that is one of the reasons for this odd bisecting of the drive-through lane.
Commissioner Bushore ~tated thece is no setback shown on the plans whece the
trash enclosure is noc to the location where it ia going to be moved and no
~arking is affected.
Greg H~stings, Asaociate Planner, stated, in addikion, the Code requfres a
10-foot structural setback for Ba:l R~ad. Commissioner Hushore stated they
are requesting 3 feet and asked why the trash enclosures t~<~ve to be moved fcom
where they were currently proposed. Gceg Hastings responded thece is no
Zonin9 Code reasons why thFy have to be moved.
Comrnissioner MeBurney stated prnbably the ceason Eoc moving the trash
enclosure was to get it away from cacs standing in the drive-through lane.
Mr. Galbraith stated he thought the relocation was for trash pick-up.
Commissioner Bushore stat.ed the way iC is des~.gned, that is an exit only, so
the trash truck would not be going in that way, but right now it would
definitely block e~ll koad. Paul Singer stated the trash trucks will park on
Ball Road parallel to ~re curb and the trash bfn will be rolled out t~ the
street, emptied and rolled bdck onto tt-e property, but it has to be 8 feet
back from the propecty line. He explained that is standard proceduce.
ACTION: Commissioner Ki.ng ofEered a motion, seconded by Commissioner Fry and
MOTION CARRIED that t!~e Anaheim City Planning Commission has reviewed the
prop~sa~ to expand a drive-through restaurant with waivecs of minimum
landacuped setback and minimum number of prrking spaces on a
rectangular.ly-shaped parcel o£ land consisting Qf approximakely 0.34 acres
located at the northeast corner of Ball Road and Knott StrPet and further
described as 89n ~~uth Knokt Street; and does Y:ereby approve the Negakiv~
Aeclaration up~ iding that it ~~as considered the Negative Declaratia:,
4/29/85
MINUT~S. ANAHEIM CITY_PLANNING COMMISSION, APRIL 29, 1985 85 2d5
together with any commenta received ducing the public review nrocess and
further ~inding an t~e basie of the Initial S~u~y and any commenta ~eceived
thet th~te is no aubetanCial evidence that the project ~ill hav~ a sign±ficant
effect on the environment.
Commisaioner Ring affered a motion, seconded by Commisaionec Fry anu MOTION
CARRI~U that the Anaheim City Planning Commission does hereby ~rgnt w~iver (a)
on the hasis Chat there are speciul circumstances applicable to the property
such as ~ize, ahape, topography, location and surroundings which do not apply
to other identical~y zoned pruperty in the same vicinikyt end that strict
application of the Zoninq Code deprives the pcoperty of privileges enjoyed by
other propertiea in the identical zone and clasaification in the vicinityi and
granting waiver (b) on the basis th~t the parking waiver wi:l not cauae an
increase in traffic congestion in the immediate vicinity, nor advcrsely ~ffect
any adjoining land uses, and granting of the parking waiver under r.he
conditiona imposed, if any, will. not be detrimental to the peace, h~~ith,
safety and general welfare of the citi.zens ~~f the City oE Anaheim.
Paul Singer asked if a condition could be added to the resolutior, that the
tcash enclosure ahal.l not be located closer than 8 feet to the property line
on Hall Road.
Commissfoner hing offered Resolution No. PC85-113 and moved for its passage
and adoption that Ghe Anaheim City Planning Commission does herrby grant
Conditional Use Permit No. 2684 purauant to Anaheim btunicipal Code Sections
18.03.030.030 ~hrough 1d.03.030.U35 and subject to Ink~tdepartmental Committee
recommendations including an add~tional conditio~: requiring that the trash
enclosure shall be located a minimum of 8 feet fr~m the pro~ert, line on Ball
R~ad.
Mr. GalSraith stated this is an existing building and asked about Condi~ian
No. 1 cequiring traffic sfgna.l assessment fees and explained they brought the
building up to the cucrent Codea.
Paul Singer stated the traffic signal asaessment fee is not requited on the
existing b~.ilding and will be required on nea construction or addition~ and
will apply to the new square footage thaL• is bei~~~ added to the building. Mr.
Galbrsith referred to Condition No. 2 requiring the two driveways being
reconstru~ted to accommodate 10-foot radius cutb returns and Paul Singer
stated that is the new standard condition being placed on all new ~evelopme~t
to facilitate enteri~g and exxsting from the property.
On roll call, the foregoing resolution was passed by th~ ollowing vate;
AYES: BOUAS, BUSHORE, FRY, HER9ST, KING, LA CLAIRB~ MC BUR~~Y
NOES: NONE
ABSENT: NONE
Malcolm Slaughter, Deputy City Attorney, presented the writt:n right to appeal
the Flanning Commission's decision within 22 days to ths City Council.
4/29/85
MINUTE5. ANAH~SM CITY PLANNING COMMISSION, APR_IL_29 _ 1985____ __ __ 85-246
ITF.M N0. 10. BIR NEGATIVB UBCLARATION, WATVER pF CODE REQUIR~MENT AND
CUNDITlUNAL USE PEHMIT NO. 26b5
PUEiLIC HEARING. CWNERS: ~HILIP ~. De CARION, ET AL, 1G82 Ketteri.ng, Irvine,
CA 92714. AGENT: ARCEiITECT~ ORANG~:, 144 N. Orange 5trheC, Ocangc, CA 9266G,
A7'TN: FItED WAI.TER. Property iieacr.ibed as a nc~tanc~ularly-shaped parcel of
land cansistiny oF approximately 1.6 acre,3, lU7A Noclh Tusti~i Avenue (eessie
walls ReataurAnt).
To expund a~estaur.Ant and cocktaxl lounge with w~iver of minimum number of
packing apaces.
ACTIUN: Commiasioner Kiny offeted a motion, seconded by Commissione~ McBUrney
and MOTTON CARRIBU thal the aEorementio7ed matter be continued to the
regularly-scheduled ineeting oE May 13, 1985, i~i order to s~bmit revised plans.
ITEM NO. 11. EIR NEGATIVC UECLARATlON A'~ll VARIANCE N0. 3483
PUBLIC HEARIN~. OWNk~RS: OX ROAD GENERAL PARTNERSHIP, 1077 W. BaYl Road,
Anaheim, CA 92802, ATTN: DAVID COLLIN5. AGENT: JACK STOVALI, AND JOFiN SWItvT,
999 W. Ball road. Anaheim, CA 92802. Property described as an
irregularly-shaped parcel of land c~nsisting of approximately 1.37 acces
loca~ed at the northeask carner of ~all Raad and Ox Road, 999 West Ball Road
(Spaghetti Station).
Waiver of minimum numbec of F~arking spaces to expand an existing re~taurant.
There was no one indicating their presence in opposition to aubject request
and alth~ugh ~he staff report wES nok [ead, it ia referred to and .,~ade a;art
of the minute~.
Jack Stovall, owner of Spa~~hetti St~tion, 999 Ba,l ltoad, Anaheim, exptained
they are requesting permission to expand the rartaucant. HE stated he has a
lot of western artifac~s and a wQstern gun coll~ection in the restaurant and it
has become quite a museum. Eie stated th~re is ~an upstairs area that holds 65
peonle For d~nner and they have to c~rry the fo~~l upr.c~.irs and it is
inconvenienk and he would like to close that se~:~ion fo-: the service of ineals
:~~d put those 65 s~:ats into Che r ew a~dition o~: the r.riangutar portion of the
property and explained there are no cars us~ng that parking area at present.
He explained they want to change the nart~e to Fort Spaghetti Station and z part
of the new addition would be a k~nci of cort. He explai~r~ the hotel customers
come ta ti~e restaurant af~er 9:0~ p.m. and they have an agreement with the
Sheraton to allow parking for k'~ir employees and there was a letter to that
effect in the file and there a no major ~+arking prculems in the
neigt~bothood. He explained they pZan to use the existin5 upstairs area as a
waiting area.
Mr. Stovall explained the Sheratan Anaheim Notcl hae~ sigued 22,000 Australian
people dnd tt~ey have a working agreement witih the restaurant to eat with a
voucher because they stay 4-1/2 days, so that is approximately 300 to 400
customers a day that just walk accoss the stceet and he has signed 18,000
Japanesse grouFs from the~.r 9 hc~tels and they are bus~d to the restaucant.
4/29/85
MINU_ T~_ANANEIM CITY PLANNING COMMISSION, APRIL 29r 19N5 pg~~47
THE PUaLIC HEARZNG WA5 CLOSED.
~'ommiseioner Buahore stated it appeare the mezzanine area i~ included in the
parking study. Commissioner ~ouas pointed out tlie narking atudy indicate~ the
emploxees will not be allowed to park on the premi.ses. Commission~r Bushore
asked Mr. Stovnll. to stipulate thet thE upstairs area will not be used as a
~in~ng area.
Greg Hastings stated the parking requirements are based on the t~tal square
footage of the building, rHgardlese oE the us~~ ' r, the parking study
addresses the actual aeAting area. Paul sing~ Cic ~ngineec, stated he
di~ not know the mezzanine arPa would not be us~.. ~r dining purposes and thak
d~ea change the entire study and it could no longer be considered as a valid
study. He stated khe Commission should asaure tr,emselves there would be no
shortage of parking in the future and pointed out no parki.ng is allowe~ on Ox
koad o: Ball Road. He stated perhape there ahould be an agreement between the
Ci~y end Mr. Stovall that should there be a parking problem in the future,
that additional parking will be pcovided on-aite in some m,~nner, although he
could not see how a parking structure could be constructed. He sta~ed there
i~ new inEormation not revealed in this study and it is very difficult for him
to make a proper eveluation; however, he does feel more comEortable with the
parking now than he did before he knew that portion was gofng to be closed.
Commissionet Bushore clarified thal guests from the hotels will be bused to
the restaurants. tie stated Mt. Stovall has been in business so long in this
community that he did not thinY, he would do anythiny thak would be detriment~l
to his businesaes.
Commissioner La Claire asked the total square footage to be used for the
restaurant aftec the top floor is deleted. John Swint, agent, explained at
the preser.t time there is over 1,000 square feet in the mFZZanine, so there
wilt be a slight increase in the number of seats; howeveX, there will be
~rtifacta and prabably vehir_lea in that muReum. He estima~ed the maximum
number of seats wou'_d be 90 in the new addition and there are 65 now in the
upstairs area. He staked there will be 183 seats downstairs and 65 upsta:rs
to be cemoved and 90 will be added in the new addition.
Commissioner La Claire stated she has a reques~ that is completely of.f the
subject and asked if Mr. Stovall woc ~ be willing to stipu.late to doing some
planting,such as Lemon Eucalyptus tiees, along Ball Road to the freeway
because it teally looks bad whece the air conditioning units are sticking out
over the street. Mr. Stovall stated he would be willing to do that.
AC'rION: Commissioner King of~ered a mution, seconded by Commissioner Fry and
MOTIOh CARRIED that the Anaheim City Planning Commission ha~ reviewed the
proposal to expand the existing structure with waiver of mi.nimum number of
parking ~paces on an icregularly-shaped parcel of land cansisting of
approximatPly 1.3'i acres located at the nor."_heast cor~er of Ball Road 3nd Ox
Road and further describe6 as 999 W. Ball Raad (Spaghetti Station); and d~es
hereby approve the Negative Declaration upon finding that it has considered
the Negative DeclaraCion together with any comments received during the public
review process and further finding on the basis of the Initial Study and any
comments received khat there is no substantial evidence that the project wili
have a significant effect on the environment.
4/29/85
Mil~uTE5, ANAHEiM CITY PLANNING COMMIS5IO~,APRIL 29~ 1985 _ 85-248
Commi~sioner King offe~ed Re~olution No. PG85-114 and moved foc its ~dasage
and fldoption th3t the Anaheim City Planniny Commis~ion d~Ps herkby grent
Varianco Na. 3484 on the basis the petitionor t~as provided a l:~itten agre~~ment
for employee parking spacea on the hotel parking across tt+~ street and also
the traffic Htudy submitted did not tahe into consideration the el~mination of
the upKtairs ar.ea for dining pucp~ses which would reduce the number of
required packing apaces and also baeed on the stipulation of the petil•ioner
L•hat he will p~ant trees alonq ttie property line adjACent to Ball Road, all
the way to khe fr.eeway, and further on the basis that the parking waiver wili
not c~use an increase in tra~fic congeation in the immediate vicinity nor
adversely affect bny adjoining land uses and granting of the packing waiver
under the conditions imposed, if any, witl not be detrimental to the peace,
he~lth, safety and general wel.fare ~f the citizens of the City of Anaheim ana
aubject to Interdepartmental Committee recommendations.
On roll call, lhe focegoing resolution was passed by the following vote:
AY~S: BOUAS, BUSHORE~ FRY~ k~GRBST~ KING, LA CLAIRE, MC DURNEY
NOES: NUNE
ABSENT: NUNE
Malcolm 5lauyhter, Deputy City Attorney, presented the written right to appeal
the Planning Commission's dec~sion within 22 days to the City Cauncil.
ITEM NU. 12. ~IR N~GATIVti DECLARATION AND CONpITIONAL US~ PERMIT N0. 2683
PUBLIC HEARING. OWN~RS: LARRY R. AND JUDITH I. SMITH~ 17046 Marina Bay
Drive, Hunkington Beach, CA 92647. AGENT: RICHARD MONSOUR AKA DICK DALE,
2296 Ch~nnel Koad, Balboa, CA 92661. Property de:~~ribed as an
icregularly-shaped parcel of land consisting of approximatel.y 1.6 acres
located nocth and west of the northwest corner of Ball Road ~nd Knott Street,
951 and 959 South Knott Street.
'1'o permit a public dance hall with on-sale of alcoholic beverAges.
There were two persons indicating their pc~~ence in opFosition to subject
request and although the staf£ re~ort was not read, it is referred t4 and made
a part of the minutes.
Richard Monsaur, also known as Dick Dale~ agent, stated he wants to be able to
continue what wac originally approved; howe~er, he ran into a problem with the
Alcoholic eeverage Control Board in that they wanted to issue a license for a
cocktail lounge instead n£ a restaucant with cocktails. He stated he p~ans to
secve Chinese food and they have been working on the faci?ity on the inside
getting ready to get peru~its. He stated he had wanted to hold out for a
license for a restaurant with c~cktails, but would heve had to wait for a
hearing befoce the Alcoholic Baverage Cont.tol Board and that could take 3 to 6
months, so he decided to reapply for a permit for a p~~hlic dance hall with
on-sale of alcoholic beverages.
Joyce Keeter, owner of !.he property at 3501 W. Ball where the Union Station is
located, stated her maiu concern is that we don't geti into another Woodstock
situation because there was vanda?ism and everything els~ goiny on when that
4/29/85
MINUT~S, NAHEIM.CITY PLANN,LNG COMMISSION. APRiL 29~ 1985 ______ 85-249
was opRn. She stated ahe doeAn't undecatand this request bec~uae ahe thought
the propeCty went inta escrow prioc to April 20, 1985, and the buyer plans to
remove ~li Che buildings except the racquetball courts.
C~~mmissioner Bushore stated the Planning Cummiasion doesn't know anything
about tha: sale and has to vate on the matter 5efore them today.
Ms. Ke~ er stbted ff this is going to be A publir, dance hall wit~i Eaod and
alcotiol.c beveragea, she would be opposed becauae ahe doesn't want another
Woodstock.
Ronald Bell, 1471 Golden W~st, owner and operator of the racquetb~ll Eacility
directly to the west uE subject pcoperty read the following statement:
"We would like to qa on cecacd as t~aving not been notified by
the City, the owner, the appl~cant or the ABC Board cegarding
ti~is matter or. the previously approved items of November b, 1984,
and January 7, 1985. our earliPst knowledge of this item was
Thur3day, April 25, 1985. With such sl~ort notice we will be
unable to yo on record either for or ayainst L•his action until
receiving advise fcom our attorney'<
Chairman Herbst stated the City of Anaheim advertises these hearings in the
newspaper, posts the property and sends out notices to the property owners.
Mr. Bell stat~~d they saw the posting on the building and continued, he just
wantied to go on record that could not make a etatemEnt for or against the
project without advise from their aktorney and will possibly oppose the
project. He explained the.y lease the property.
Malcolm Slaughter explai~ed as far as the County is concerned for tax
purposes, they are tenants Rnd not ownera and explained the advert:::ed notices
Eor hearinga are mailed to property ownecs, not tenant~, and it is entirely
possible they would not have r~ceived a notice; however, the City also poats
notices on the property of the pubiic hearing, well in advar,ce of the
hearinga, which are intended to give notice to all the pubtic and there is
proof of the posting in the file.
Larry R. Smith stated the cucrent applicant is proposing a facility that wiil
not even resemble the prior Woodstock facili*.y and khis current applicant does
not plan to have live entertainmenk an~ als~ this cocktail ~icense wi11
require that anyone on che premisps be over 21 years of age= whereas, the
Woodstock facility mainly catered to people under 21; and that the current
applicant will have a cestaurant there.
'PHB PUBLIC HEARING YiAS CLOSED.
Responding to Commissioner Bushore, Mr. Smith stated everyone will hAVe to be
21 years of age or older and explained the City's requicements are for any
age. but the AFiC License will be for a cocktail license; however, the
rest-aurant and cocktail license would have atlowed any age and that was
previously approved by the Planning Commission.
Commissionzr Bushore stated the ~tatement was made th~t everything is exactly
as it ~as; however, tr~e ntaff report indicates a revised floor plan was
submitted.
4/29/85
MINUT~S. ANAH6JM CITY PL~NNING COMMISSIUN~ APRtL 29, 1985 45-250
Mr. Smith explnined the ABC Uoarc) did not want to i~aue the license foc a
reetaurant wtth cocktail$ be~ause they Felt taod would be aecondary.
Reaponding to Commieaiuner ~uahore, Mr. ualo explained L•he kikchen acea wilt
be 10 Eeet by 2U feot and the cevised plona show he moved hia office from one
end to the athec and everything elae remaina kh~ same. Greg Naating~ ateted
the new floor plan is mace detailed nnd showo the kitchen Area only 4! wtiilQ
the ~ceviou~.ly ~pproved flooc plena ehowod the ki~chen area ns 25~.
Mr. Dule ~tated aomething must be wrony witti the plen and alxo the rtaff
report ind~cateo the dAnce floor will be 1,OU0 square feet and it witl only be
790 AgUACI? feet. H~ explained thp admiseion charge will only be far week ends
and guesta who ~et r.here will not have to ~ay the ~n~iasion fee and therp will
be videoa in the wall~ where people can watch anu u~.~~~. if. they no d~sire. Ne
ex~lained he originally requeated per.mission for Er~~~.tAinment because on
occasion he sponsors a beneEit to raise monef for a charitable org~niza~ion.
He explained this will be a nice Eacilil•y and p~trons will be required to wear
u jacket, etc. Ne expiained thece is n~ atnye and na provisions for a band.
Cumi~~issi~.r-er Kin9 pointed out the staff cepoct indatea complaint~ hnve been
re.ceived t~bout subject pcoperty and asked what the petitioner p1Ans to do to
~,reyent tho~e type pcublvms. Mr. Uale t~tated h~ has sat out in the parkiny
lot in the evening and watchec! what is taking place and felt having security
guArda will all~viate ti,e prc~blemo. He atatc:d this will also help the parking
situation for the racyuetball fACility.
ACTIUN: Commissioner Kiny offered a motion, secnnded by Commissioner Bouas
and MUTION CARRI~:D that the Ana~~eim City Planning Commi~sion has reviowed the
pruposal to permit a public dance hall with on-:~ale alcoholic beveragea on an
irreyularl~~-shaped parcel of land consisting of epproximately 1.6 acres
located north and west of the northwest cc•~nec of ball Road and Knott Street
and fucther described As 951 and 9::9 Sour.h Knolt Streett +~nd does h~?reby
approve the Negative Declaration upon fir.ding that it has conside~ed the
Negative Declaration together with any commenta ieceived during the puhlic
r.eview process and further finding on the basis of the initial Study and any
comments receivQd that there is na subatantial evidence that the project will
have a significant effect on thP environment.
Commissioner King offered Re:;olution No. PC85-115 and moved Eor its passage
and adoption that the Anaheim City Plann:[ng Commission does hereby grant
Conditional Use Permit No. 26a3 purAUant tu Anaheim Municipal Code Sections
18.03.030.030 through 18.03.030.035 and subject to Intecdepartmental Committee
recommendations.
Commissioner Bushore stated this is signiEicantly different than what was
originally submitted and he could understand why the ABC w~nted him to have a
cocktail license because it appears to be more cocktail or.iented than a
restaurant. Commissioner La Clalce al:ated this is definitely going to be ~
public dance hall and the co~:ktail license will limit admittance to anyone
over 21 years old and she thought that is a plus.
an roll call, the foreg4ing resolution was passed by the following vote:
AYE~S: BOUAS~ $USHORE, FRY, HERBST, KING, LA CLAIRE, MC BURPIEY
NOES: NONE
AIISENT: NONE
4/29/85
MINUTE9. ANAHEIM CITY PLANNING CqMMISSZON, APRIL 29. 1985 85••251
Melcolm slaughter, Ueputy City Attorney, pre~ented the written right to appeal
tha Planning CummiASian'e decialon aithin 22 ddye ko the C~ty Council.
ITEM N0. 13. EIR NEGATIVE DECLARATION AND VARIANCE tJQ. 3479
PURLIC H~ARING. UWNERS: ROGER L. AND PAUL U. WILLIAMSON~ 3450 E. L8 Paluid
Avenue, Anaheim, CA 928U6. Property dedcribed as an irregularly-sha~ed parcel
of land consiating oE appro:.imately 9.54 acces, 34:0 Ea~t La Palma Avenue
(Willf~meon Self-StorAge).
Waiver of minimum number ot gArking opacea to exnand ~x self-storage Eacility.
~Phere was no one lndicating their preaence in opposilion to sub~ect requeat
~nd although the stafE report was no~ read, it is refecred to and made a pact
of the minutes.
ftogec Williamaon, owner, wao ~re$ent to answer any questiona.
THE PUHLIC NEARING WAS CLGSED.
Responding Co Chairman Flerb:t, Mc. Williamson stated the RV storage will be
eliminated with this use and Gceg Hasting~ further explained one oE the
canditiona require~ termination of that conditional use permit allowinq the RV
storage.
ACTION: Commi~sioner La Claire oEfered a motion, secondPd by Commissioner FrX
and MOTION CARRIED that Anaheim City Planning Commission has reviewed the
~roposal to expand a self.-storage facility with w~ivecs of minimum numbec of
parking spaces on an irregularly-shoped pa:cel of and consisting of
approximately 9.54 acres, having a t'~onL-age of approximately 492 feet on ttie
south side of La Palma Avenue and further described as 3450 E. La Palma
Avenue; and doc~ hereby approve the Negative Declaration upon finding that it
has consideced the Negative Ueclaration together with any comments received
during the public review prucess and further Einding on the basis of the
Initial Study and uny •omments received that there xs no substantial evidence
that the project will have a significant effect on the environment.
Commissioner La Claire offered Resol~atiun No. PC85-116 and moved for its
passage and adoption that the Anaheim City Planning Commission does hereby
grant. Variance No. 3479 on the basis Lhat there are special ciccumstances
applicable to the prnpecty such as size, shape, topography, location and
surroundings which do nct apply to other identicaLly zoned prapectx in the
same vicinityf and that etrict akplication of the Laning Code deprives the
property of privileges enjoyed by other properties in the identical zon~ and
classification in the vicinity and further on the bas~s that based on the
nature of tt~e uae, the parking spaces will be adeq~ate and subject to
Intexdepartmental Cammittee recommend~tions.
Un roll call, the foregoing re8olution was passed by the following vote:
AYES: BOUAS, BU5HORE, PRY~ HERBST, KING~ LA CLAIRE, MC BURNEY
NOES: NONE
A$SENT: NON~
4/29/85
MINUTES, ANANEIM CITY PLANNINC COMMISSION, AFRIL 29,_ 1985 85-252
Malcolm 51AUghter, Deputy City 1-ttorney, preeent~d the wrltten rigl~t tr, ttppeol
the Planning ~ommisaion's decision wi~hin 22 daya to the Ci ty Council,
ITEM N0. 14. EIR NEGATIVE DECLARATIOM ( PREV. 1-PPROVEA) AND CONDITIONAL 'JS~
PERMIT N0. 2135 (RBADVERTISED) ~
PUBLIC k1EARING FAR EXTENS.LON OF TIME. OWNERS: LOUIS N. AND CARMEN M. 50MMER~
9031 Vons Drive, Garden Grove, CA 92641. Property described as an
irregul~rly-~haped Parcel of land consisting of uppcoxim~tely 1.5 acrea
located aouth and east of the southeae4 cornec of Lincoln Avenue nnd
Westcheater Drive, 3244 West Lincoln Avenue (Treils West).
Request for approval of a 5-yenr (4-month reh.roactive) exkeneion of tim~ ar
delption of Condikion No. 7 of Resolution E~C80-236 pertainir~g to required
extenaions of time to retain a publ:lc dance hall~
Z~here was nu one indicating their presence in opposition to eubject r~quest
and although the staff report wax not read, it ia referred to and m~de a C~art
oE the minutes.
THE PUk3LIC NEARINC: WAS CLOSED.
ACTION: Comi~:i.ssianer King offered Resolukion No. PCH5-117 and moved tur its
passage and adoption that the Anaheim City Planniny Commiss ion does hereby
delete Condition No. 7 of Resolulion No. PC80-236 ~.i~on find ing that such
de.letion meets the criCeria for deletions of time limitatior~s as necea~ary to
permit reasonable opecation under the pecmit as granted.
On ro11 call, the foregoing re9olutian was passed by the fo llowing vote:
AYES: BOUAS, BUSHORE~ FRY~ HER9ST~ KING, LA CGAIRE, MC BURNEY
NOES: NONF.
ABSENT: NONE:
MAlcolm Slaughter, Deput,y City Attorney, pcesented the writ ten cight to appeal
the Planning ~ommission's deciaion within 22 daya to the CiLy Council.
ITEM N0. I5 REPORTS AND RECOMMENDATIONS
A. PLANNING COMMISSION REPREuENTATIQN ON THE PARK AND RECREATION COMMISSION
ACTION: Chaitman Herbst ofFered a motion, seconded by Commissioner Fry
and MOTION CARRIED that Che An&heim City P.lannzng Commission recommends
to the Anaheim Cfl•y Council that Mary Bouas be accepted as the volunteer
to serve as the Planning Commisslon's repre~entative ~n the Park and
Recreatfon Commiasion for the balance oi• Gerald Bushore'~ term as
representative i:o that Commisaion.
II. ~~NTATIVE MAP OF TRACT NO. 11600 (Revisic,n No. 1) - Reyuest from Kent E.
Twitchell, Vi.ctor ~almieri and Company fot a one-year extension of time
for Tentative Map of Tract No. 11600 (Rev. No. 1), property located on
the east side of Henning Way, approxim~tely 1,100 feet south of the
centerline of Arboretum Road.
4/29/85
~
~M. ;
MINUTES, ANAHEIM CITY PLANNINC; COMMYSSIUN, APRIG 29. 19$5 85-253
ACT 30N: Commiasioner Kiny offeced a motion, aeconded hy Cammi~aioner Fry An~~
MOT 30N CARRIED that the Anaheim Cit,y Ptanning Commiesion doeo hereb,y grant t~
one -yeac time ex~ension £or Te~tative Map of Trect No. 116U0 (Reviaion No. 1)
to ~xpice on June 2, 1986.
C. PR~ POSEU c:ODE AMENDMENT - Requeat frcm t.he Todorovich family for khe approval
of an ordinance ttic-t wauld add `Fortune Telling Buttlnesses: as ~ permiCted
u~ e in the CU and CL Zones r~nd, also include 'Fortune Telling Hu~ineases"
amo ng the lixt of. ua~es permitted within a cesidential stcuctuse converted Ca
commercial usage.
AC TION: Cammissioner Kinq offeced a motion, aecanded by Commissioner Bouas
an d MOTxUN CARFtiED (Commi~sioncr Bushore Abstaininq) that Lhe Anaheim City
Ptanning Commission does hereby recommend to the Cily Council that Title 18
be Amended, addiny Sections 10.41.020.042 and 14.44.035.U19 p~rtaining to
Fo ~tune Telling Buoineases in the CU and CL 7,ones.
OTHER D3uCUSSION:
Commiss ioner Bushore indicated concern that Che Fedeve'lopment Commission is making
recomme ndatians L•o the Planning Commisaion on zoning mattecs witliout nny inpuk
from th e publir.. He ex~>lained the hearing on today'~ aqenda for Variance No. 3480
to a11o w a 4-unit apartment complex with waivers at 201 Nocth Clementine Street is
what pr ampted th.is conce~n. H~ stated ttiere were ~ix or seven pEropl~ present
today w2~o didn't und~rstand the procesn and were upset becauae ttiey were told they
had to bring theic properties up to Code standards; and that one lad; had spent
~20,OUO t~ improve her Qropert.y with what she thought was the assurance that the
area wo uld cemain the same sinee rhe area is designated or. the RPdevelopment Plan
as Neig hborhood Preaervation. tie stated there may be a misunderstanding by the
reside n ts or some fault in underskanding what staff told them, but he felt iE the
Redeve 1 opment Commission is going to make a recommendation to the Planning
Commis s ion on a specific item that has a deEinite i.mpact, they should take public
testimony to hear f com tho~se people.
Ftalcolm Slaughter, Deputy City Aktorney, explainpd the Redevelopment P1an
design ation for Neighborhood Preservation is mer.ely a poli:y statement which says
the la nd use designation foc that partic~ilar area shall remain residential. He
etatec] the purpose of the Redevelopment Commission even looking at a zoning action
is to give kheir input on w;~at that land use impact i~ on the Redevelopment Plan
so the Pl.anning Commission, as land use planners and the decision maker, can
consid~r t.heir inptat as part of their process in making the Zoning determinat.ion.
Commis si~ner Bushore atated the people did not understand the heacing process, and
he fe 1 t someaody should have told them what Mas happening. He stated when ~here
is a p roject on the Planniny Commission agenda in the Redevelopment Area, he felt
a staf f inember from Redevelopment should be present. He added he felt some of the
staff f~om Redevelopment is in direct conflict Nith what is ha~pening at Planning
Commis sion, and he felt there is a lack of communication between Planning and
Redevelopment staffs.
Malco 1 m 5laughter stated the Redevelopment staff and Pl.an~ling staff arQ now under
a sing le director, Norman Priest, which may have som~ imgact in the overall
communication.
4/29/85
~
., ~
~ ~~ h
,,...
MINUTES, ANAk1EIM CITY PI.HNNING COMMISSiUN. APRIL 29. 19@5 85-254
Commisaioner Le Claire stdted it Aeemed th~ere waa e communication gap
somewhace between tha people in the neighbochood and what wea heppening i~
theic neighbochood and suggeeted a recommendation be made to the City Council
o~ that pcoblem an~ requeoting them to take particult~r noke on that item.
Mdlcolm Slaughter otated he would make Norman Priest aware of Commiasion's
conc~rn and he mAy w~nt to at least. tslk to them about it.
AD,IUURNMENT: Tliere being no fucther buaineae, Commission~r Fry offered a
moti~n, aeconded Fay Commissioner La Claire and MOTION CARRIED
that the meeting be adjourned.
The meeting wae adjourned at 5:30 p.m.
Reapactfully submitted,
C/ ~~ ~ l~~~'/~/Lt'4
Ec ':h L. Harris, Secretacy
An~.neim City Planning Commission
ELH:lm
0112m
4/29/85