Loading...
Minutes-PC 1986/06/23REGULAIt MEETING OF THE ANAHEIM CITY PLANNING COMMISSION REGULAR MEETING The regular me?ting of the Anaheim City Planning Commission was call~d to or.d~r by Chair.woman La Claire at lO:UU a.m., Jun~ 23, 1986, in the Council Chamber, a quorum being present, and the Commission review?d plans of the it~ms on today's ag~nda. R~CESS: 11:3U a.m. RECO[~i~~ENED: 1:30 p.m. PRESENT: Chair.woman: La Clair.e Coir~missioners: Bouas, Fry, H~rbst, La~aicki, McBurney AF3SENT: Commission~r.: M~sse ALSU PR~SENT: Annika Santalahti Malcolm Slaught~r Car.l Harr.ison Jay Titus Paul Singer. Larry Cabr.er.a Leona.*.d McGh~e Edith L. Harr.is Assisrant Dit~ctor sor Zoning Deputy~ City Attor.n~y II Civil Engin~~ring Assi.stant Uffic~ Engin??r TrafYic Engine~r. Housing R~habilitation Sup~CVisoC Associate Planner Planning Commission Secr?tary MINUTI:5 FUR APPROVAL - Commissi.on~r Mc&urney offered a motion, seconded by Commission~r Law:.cki and MOTION CARRIGU (Commissioner M°ss2 abs~nt) that th~ lnaheim Cit,y D3anning Co~mnissi.on does hereby approve the minutes of the meetin, oc June :~, 1980, as submitted. ITEI•1 tlU. 1 EIR IIEGATIVE ilE__4n^TIUIJ (READV,1, GEIJERAL PLAN AMENDMENT N0. 213 (REAll~,'.), RECLhS5IFICATIUIJ !t~'. d5-86-33 (REAllV.) AND VARIANCE N0. 3568 (READV.) PUBLIC ~-IEti:LNG. GWNExS: CLAUUIP. RINNE, E't AL, c/o KIRK H. FINLEY, 1502 N. Broadway, Sar.`_a Rr,a, CA 92701. AGENT: TONY NATT50N~ WATTSON REAL ESTATE INVL'S`."MEN`l'S~ H40 NF±WpOCt CeRtQL 'JL.. Sult~ 540~ N~3WpOLt Beach, CA 9266U. Property ~r•~crib~c: as a r.~~tangular.lY-shaped parc~l of land consisting of app_*oxitt~at^ly ~ ac~-~~ located :t the nor~`.aast corn?r of Katella Avenue and Claudina Stia,, 5J9 E. Katella. GYA - r~quest to consider. amendr~^nt to the Land Use Element of the General Plan to considez alte:r.ative proposzl of land use from the current genecal industrial designations to the general commercial desiynation. ML to CL or a:2ss intens~ zon~. Waiv~r of minimum landscaped area and minimum number of packing spaces to expand ratail uses in an existiny retail/warehouse building. Con~inued f:om th~ meeiings of May 12 and 28, 1986. 86-414 6/23/86 MINUTES ANAHEIM CITY PLANNING COMMISSION JUNE 23 1986 86-415 THE FOLLOWING ACTION WAS TAKEN AT THE BEGINNING OF THE MEET7NG. ACTION: Commissionet Bouas offer~d a motion, second~d by Commissioner Lawicki and MUTION rARRIEll (Commissioner [9ess~ atsent) that conside*_ation of the afor~mentioneo matter. be continu~d to the r.egula.-ly-scheduled me~ting of Aug~~st 4, 1U86, at the request of th~ petitioner.. I'!'SM NU. 'L EIR I~EGATIVE DECLARATIOh, RECLASSIPTCATION NU. 65-65-34 AND VA1iIAN:;E NO. 3559 PUBLIC HEARIN~. OWNExS: JOS6PN t^lILLIAM ROACH AND P1ARY FRANCES ROACH~ 1506 E. t9elody Lane, Fullecton, CA 92631. AGENT: MASCIEL DEV~;LUPMENT, P. O. Box 4241, Anaheim, CA 928U1. Pr.op~rty desc: .b~d as a r.ectangula~ly-shap~d par.cPl c,E land consistin9 of approximately 6,465 square f~et, 1627 East Sycamor~a SL-ceot. RS-A-43,UOU to x[4-1"l00 oc a less int~nsp zon~. Waiver.s of maximur~ st~uctur.al heignt and minimum str.u^tucal s~tback to construct a 2-story, 4-unit apa_*tmenL euilding. Continued fcom th~ me~ting of t4ay 28, 1986. THE FULL~3'ri1i: ~ ACTION WAS 't'1KEN A'Y THE BtiGINNING GF THE MBE'fING. Leonard MCGh~~_' ~XplalR~'d th~ petltlOne[ has [equested a continuance to the m~eting of Auyust 18, 1986, in order to sucmit r~vised plans; and in the int~r.im, the petitioner proposes to submit a petition for. a s~nior citizen's project and if thaL- proj~ct is not approved, will submit r.e~is~d plans und~r the or.iginal request to reflect City Council's desire for. 1-story apartments in that azea. ACTIUN: Cummissioner Bouas offe~ed a motion, ~econded by Commissioner. Lawicki and MOTIQN CARRIEG (C.ommissionec Messe absent) that consid~r.ation of the aforem~ntioned matt~z be continued to the regularly-scheduled meeting of Auyust 18, 1986, at the regu~st of th? petitioner. I'PEM NU. 3 EIR NEGATIVE llECLAxATiuN, RE~LASSIFICATION NU. 85-86-35 ANll VARIANCE N0. 3565 PUBLIC H~AItINC;. OWNERS: R?SUL MOHAGHEGH, ET AL, 12652 Huston St. N. Hollywood, CA 91607. Property desccibed as a r.ectangularly-shap~d parc~l of land consisting of ap~roximately 0.22 acre, 314 West Elm Street. itM-2400 to RM-1~OU ur a less int~nse zone- Wa~vers of maximum buildiny height, maximum sit~ cov~cage and minimum landscaped setback to construct a 6-unit apartm~nt complex. Continued from the meeting of May 28, 1966. THS BOLLOWING ACTION Ir.4S TAKEN AT THE BEGINNING OF THE :IEETING. 6/23/86 MINUTF.S, ANAHEIM ~ITY PLANNING COMMISSION JUNE 23 1986 86-416 ACTION: Commissian?r Bouas off~ted a motion, seconded by Commis~ioner Lawicki and MOTION CARRIED (Commission~c M~ss~ abs~nt) that considecation of th~ aforementioned matter be continu?d to the regularly-scheduled meeting of July 7, 1966, at th~ r.equ~st of thn Y•-~itioner in order. to submit revised plans. ITEM N0. 4 EIR NEGATIVE DECL~RATION RECLASSIFICATZON N0. SS-86-37, WAIVER OF CQDE REQUIREMENT~ CONDITIONAL USE PERMIT N0. 2$09 AND REQUEST FOR SPECIMEN TREE REMUVAL NU. 86-04 PUBLIC HEARING. OWNERS: ANAHEIM HILLS RAC~UET CLUB, 415 S. Anaheim Hills iioad, Anaheim, CA 92807. AGEh'r5: PHILLIPS BRANDT REDllICK, ATTN: PHILLIP R. SCHwART'L~ 1~U12 Sky Pdtk C1CCl~r ICVlRe~ CA 92714 dRd AMERICAN DIVERSIFZED CAPITAL CORP., 325U Wilshir.~ Boul~va~d, Suit~ 2000, Los Angeles, CA 90010. Property d~scribed as an ir.reyularly-shap~d oarc~l uf land ~onsisting of approxxmat~ly 5.31 acr~s lo~at~d at th~ northw~~t cor.n~r of Nohl xanch Road and Anaheim Hills Road, and furth~r d~scr.ib~d as 415 Anah~im Hills Road. Reclassification fr.om RS-A-43,000 to CR. Waiv••rs of minimum stru^tu.-al sotba~k (a~lntnd), requir~d building lo~ation (delrt~~), r^quicPd rncr.eation-leisure area (delet~d), r.equir~d boundary scr.~ening (d~l^t~d), and !~!Ul~~d numb^r of affordabl^ units to p~rmit a 2-and 3-story, 125-unit senior. . ~izen apartm~nt proj~ct (revised to 118 units;. Continued frorn the m~~tiny of Jiin~ 9, 198ti. Th~C^ Wnr~ SLX p~CSOnS 1CidlCatlttg the1L pCPSARC~ lrt fdVOL OL SUb)pCt C^QU~St and, a~id approximat~ly nir~.e persons indicating their preSeRCe in opposition to subject request; and although th^ staff r~port was not r~ad, it is refecr~d to and mad~ a pa-t of th~ minut~s. Phllllp S~hwart2^~ Pd~tn~~~ Phlllips Brand't R~ddi~k~ Stated th~y h~Vn mado 3 number of modifications to the p'_ans subsequent to th~ last meeting and have eliminat~d all th~ waiv~rs, ~X~ept th~ ~pquired number of affordable units. He add~d they hav? also provided info:mation per.taininy to nec~ssary services such as th~ di.stance to the near.nst shopping center, which is at Imp~rial and Santa Ana Canyon Road, and is approximat~ly 1.3 dtiving miles from the sit?. He present~d a petition containing approximat~ly 43 naro~s of busin~ss p~opl~ and residents in th~ area who ar~ in ~upoor.t of the proj~ct. K~n xyan, agent, stat~d they hav~ worked very closely with City staff and thP citizens in the a-ea to insure t:hat ~he proj~ct is responsive to th? needs of the com_.~unity and is ^_ompatible with the surrounding area; that tY~ plan offe:s seniur citizens hi9h quality housing opportunities whi.ch presently do not ~xist in the Anah~im d7~d and add~d this is not at th~ expens~ of th~ r.?sidents in this neighbor.tiood. Mr. Ryan stat~d they s~nt mailer.s to 89 r~sid~nts closp to th~ site and scheduled two meetings and 33 p~ople attended th? m~etings; and of pr.imary concern to thr~se in attendance was the potential traffic impacts associat~d with the northjs~uth access :oad along the western bor.der of the proj~ct. He added zh?y met with City staf.f and discussed ttiose conc~:ns and explain~d the project provid~s an additional access point to Anaheim 6ills Road and 6/23/86 MINUTES ANAHEI[d CITY PLANNING COMMISSIUN JUNE 23 1986 86-417 weli-documented trip g~ner.ation rates for senior projects ar~ substantially lower than other residential uses; however, th^y would be pleased to provid~ a hn~g~ buffer. to reduc~ noise concerns, should Commission d~t~r.min~ that measure to b~ appr.opriate. He referred to the information pr.ovided pectai.ning to senior proj~ct parking statistics and stated Am~rican Div~r.sified has built clos~ to 1,000 s~nior citizen units duting th^ last 15 y^ars, and th~r~ has n?ve_* b~en a par.king probl~m in any of th~s~ p=oj~cts, and they have prnvid~d on~ space per unit ~nd this proj^^.t provid~s 1.5 parki.ng sparng p~~ unit, for a total of 40 spac~s ov~r what is r~quired by Anaheim City Codes. He stated ori4i~ially th~y proposed 150 units for this proje^-t, but ncw ar~ proposing 118 units, and have incr~as~d th~ structur.al s~tback adjac~nt to Anaheim Hills Road £rom 20 f~~t to 50 f~~t and in^r~as~d th~ numb~! of parking spaces well beyond Code requir.em~nt and have eliminat~d all the waivers, PXCPpL the affotdabl~ uRits; thdt th•?y haV~ in^r~as~d th~ total r.~cr.~ational-l~isure a-ea and will landscap~ and maintain th.~ presently bli9ht~d slope and d~y a:~a up to Hill^rest, wost of the si.t~, as previously indicated, and also will r~plac~ any sp~cim~n tr~e remov~d on a 2 to 1 r.atio Wltih a matur~ bOX Sp~Clm^R LL~C dS lAdlCdt~d OR th~ C1tY~S :~p~C1ID°R TL°C Llst. H~ stated th~y wlll a1S0 p.*.OVId~ shLLttl~ s~.CVic~ t0 tti~ S~rilOCS f0* c~ar.spoztation to the majoc shoppiny ~~nr~r• M:. Rpan pr~s~nt~d slides of th~ pr.oposed proj^ct and sur.r.ounding ar.ea, poi.nting ou~ fib~rglass shinglo~ that app^a- as wood in ^arthton~ ^.olors will b~ used~ flnd thdt th^ Anah?im Hills Racqu~t Club adjdC~nt to th^ p•'.oPP'tYr combin~d with Lhe pro~ect's ~xcensiv~ recreation faciliti~s, will ptovidA residents wzth an exclusiv~ country club atmosphere; zhat all vi^w corridors to th^ north of the pro7ect Nill r.~main ~xactly as zhey are today, and the major.ity of trees south of th~ pcoj~ct ~aill r.~main. H~ ~xplained the building will ~eYlac•~ four of th~ pres~nt tennis couccs. Mr. Ryan stat~d thn~~ a-~ conv~niently located m~dical offir,~s, a dr.ug stor~ and a conv~nience market in th~ ad7acent shopping ~~nter. HP stated th~ flood contrcl channe.l located on the wnst will be improved and cover.~d. H~ stated th~ building, by way of attra~tivp landscaping and archit~ctural d~sign, will not only pcovide high quality living oppoctunities for. Ar.ah~im senioc citiz~ns, but will maintain th~ high standa~ds of dev~lopm^nt found throughout the Anaheim Hills community. Mary Dinndorf, 131 La Paz, Anah~im, stat~d this p~operty is curr~ntly 2on?d xS-A-43,000(SC); and that the Scenic Corridor zoning has a maximum h~ight limxtation ~f 25 fPPt and a maximum density of 16 units pe~ a^_r?, and the proposa~ is for a three-story s~nior citiz~n apartm~nt complex with 118 units on ap~roximat~ly 4+ acr~s; that whil~ th~ Gencral Plan shows this area for commer.cial recraational uses, it is sti,ll zoned RSnA-43,U00 P=d taeviable reyuestinq a zone chan9~ to mak~ this probl_m parc_1 of pcop_ Y development and th~ request for. senio*_ apartments is not in confor.mance sinc~ none oi th~ units are plann~d to b~ affo~dabl~; that it is h?r opinion tha~ this proJect is not in the public good aad approval would set a precedent for more pr.oj~cts in th~ Scenic Corridor which do not meet the standacds of the zoning or.dinanc~s. 6/23/86 MINUTES~ ANAHEIM CITY PLANNING COMMISSION~ JU[~E 23, 1986 86-418 Pac Goodman, 62U E. La Paz, Anaheim, stated h~r proper.ty is dicectly adjacent to th^ flood contzol chann~l and Walnut Canyon Road which is not~d as "toad' on the map, and stated that road will bF usnd ~xclusively by the t~nnis club patrons sin^e there will D~ no additional access provided for 'the tennis club and their pr.~sAnt access will b~ us~d by th~ senior citizens' complex; that a wall or be:m is pr.opos~d across th~ prop^rty; how~vpr, it will not blo~k that road and it can be used by the projecc down alung the channel and thr.ough th~ ti~RR15 club property. Sh~ stated sh~ f~l~ this is cramming too many p^opl~ into a small a.-ea and the conv~nienc~s are not located within walking distanc~. Sh~ not~d th~ majo.* shopping ^ent~r is 1.3 milos away, and that is also whet~ the public tcansportation stops are located; and that the dcug store refer.an~ed in th~ir study is ~Xtr~~^ly low in sto~k and th~ beauty shon listed is basically for childr~n, and there is no bank. Sh~ add~d she is concer.ned hecaus~ sh~ liv~s on th~ rorn^r of Anah~im Hills Road and La Paz Way and ther.^ hav~ be~n num~rous accid~nts at this int~~s~ction; and that she is roncer.n~d about noise and pollution f.rom th^ vehicles, and not~d th~r.~ is also the support personn~l who would ae workiny at L•h~ facility. 5h~ stated if th1S 1S dp~'OV~d~ th~.'° W111 U^ thC~9 S^RIOC C1C1'L~R COmp1C%^S On Lh~ COtR^C of Anaheim Hills Road and Nuhl Ranch itoad. Ara Call, 6U15 E. Hiller.esc, stat~d his back yard abuts Walnut Cr^ek Road, and that h~ att~nded on~ of th~ two informational meetinys. H~ r~ad a l~tt~r from a n~ighbor unab7.~ to att~nd today's m^^ting, Jim and Pat Jon^s, 606 tiill~r~st CiLCle~ indicating thel~ opposition to th~ t~quest. H~ Stdt~d h~ appCe^_idtnd th~ consideration g1V~n t0 th~ C1t12^RS ln rh~ n~lghbOChOOd; thdt On^ Of th^ commitments made on Wednesday niyht was to restrir_t access from th~ senioc citizen's pr.oj~ct along Walnut Cr^^k Road, and h~ did not think that has b~~^ incorpor.ated, but they ar~ sayiny they will provide a sound bar.*i~r inst~ad, and one of th~ neighbors pzimary con~ern was that access and th~y a-e not here todap because the}' thought that had been r~solved, Mr.. Call stated hc did not und~rstand how th~ ~questrian trail will b~ incor.po~ated. H~ statod in addition to the ttaffic concerns along Walnut CCeek Road~ th~:~ ls the t~affic on Anah~im Hills Rodd~ dnd added h~ thOUght pooplc gozn9 to the major shopping cent~~ would mak~ a left tur.n out of the p.-o7ect onto Anaheim Hills Road, and tne northernmost ~xit will not allow a left tuzn. H~ noted there is a cu~ve there on Anahe~.iu ~'.ills Road just north of th~ acc~ss and h~ thought that would b~ v~ry uns~f~. He ask~d how many luxury units Ametican Diversi£ied has built, be^ause i,e thouyht people ~enting a luxur.y unit would have at least one car, and in two-bed~oom units, th~y p.*obably would have two cars, and he did not think parking would be ad~quate. He su9g^st~d raising th~ r~nts slightly and making this a truly luxu,-y apar.tment complex, the density could be reduced. He Stdt~d h^ r~ally 3pp.'~~idt~s th~ bd~!e^ hillsid~ b~~dUS~ of th^ blyd nesting areas, and moved to this ac~ea because he f~lt it was something lik~ beiny in th~ country, and added h° CAd112AS many p^ople would lik~ to s~~ that hillsid~ landscaped. H~ stated the thc~~ stor.ies a~e just too much and th~ density is just too high. A1 Battan, P~~Sid~Dtr CPE DeVelOpmnRt Company, statnd th~y own th~ p~op~~tY on the southwest corner which was approved for a senior citi2~n facility about 1-1/2 yea-s ago, and th~y a~~ oppos~d to this proj~ct bocaus~ part of thA 6/23/86 MIIdUTES, ANAHEIM CITY PLANNI[dG COMMZSSION~ JUNE 23~ 198b 86-419 reason they chose this site for their facility was the lar.g~ yreen very spacious area and they have worked hard on th~ic pr.og:ams and the recrnational facilities of th~ existing t~nnis cour.ts falls into some of the proyrams they are o£fer.in9 th~ir. seniors and th~y would lik~ to se~ some typ~ of continu~d r~creational uses on that property. He stated the Senior Inns pcojec:, in addition to their pro~ect, provid~s an answ~r to the need in the Anah~im Hills ar~a Eor senioc citizen housing. fi~ stated com~ar~d to the oth~r ~LOJ~CtS~ th~y bC11~Ve this proj^~t is just too mu~h. Pnillip schwartze stated they ar.~ pcoposin9 to us~ thce^ of th~ t~nnis courts and the oth~t courts will remain, so the r.ecr.~ation asp~~t of th~ majority of r.he property stays intact. He stat~d they hav~ met with th^ City r~garding the ~questrian tcail and placed th~ ~yu~strian tr.ail on th~ plan as r.ecomm~nded and it conforms th~ Master Plan of xiding and Hiking T.-ails, and add~d it xs the City's :esponsibility to g^t th~ ~asem~nts and mak~ th~ trail usable, and h~ did not kno~ when the ultimat~ link will b~ made. H^ stated th~y ar.e doing th~ir part by providiny the trails and bonding for them as c~quir~d. Reyardiny comm~nts made at their m~~ting with n^ighbors, h~ ~xplained th~y assured ~h~ neighbors tha.t any stipulations will be compli~d with because they will b~ a part of the minutes and will be includod as part of the approval of the project. He stated ther.e was a concecn from the peoplo wh~ livn at th~ very far end which is quite som~ distance from th~ p~oject b~cause ther~ is an access which now f~~ds th~ tennis club and w~r~ conc~cned that cr.affic, inst~ad of going r.ight out onto th~ arterial, would be going northbound down past th~ t~nnis courts and exirin9 to th~ sourh, and at th^ fa! end, th^ housos which ar~ adjacent ar.e actually almost at grade with th~ StC~~t and are not elevat~d as th~y ar~ acound th^ p•'oj~^t, and th^ p^tition~r indicat~d they would m~~t with the TraPfic Engineer and pcesent the plans to the Commission to restr.ict that access. H~ stated also they would b~ happy to provid~ a landscap~d b~rm along the far end to buffer nois~ from the tennis court facility to the st.-~et. Mt. Schwartz~ stat~d as part of a luxury apartm~nt proj~ct, th~y will be adding th~ amenity of a shuttle for the senior. citizens' tr.ansportation, and that is one r~a.on th^ r~nts are so high, and in addition~ th~y are ~xce~ding the par.king reyuicem~nts. THE PUBLIC HEARING WAS CLOSEll. Co~nissione~ Fry stated he thouyht they had donn an outstanding job r~du~ing the number of units to 118 and have elirtiinat~d fou_- of the five varianc~s and he has no proulem with th^ lo~ation, but did not know how Commission ~ould approve the r.eyuest b~cause they still use the ter.minology 'senior citizen complex', and in ocde~ for Commission to approve th~s as a senior citizen project, they must provide 25~ of the units in the affor.dable rang~, and that means at lcast 30 units. Mc. SChWdrt2~ stated or.iginally they understood that the City could waiv~ that patticular ~equitement. He stated they would lik~ to provide high quality units for seniozs who can affo:d a luxury type unit and that there is a ma.-k~t foz them and that Anah~im Hills is certainly an appropriate area. 6/23/86 MINUTES, AhAHEIM CITY PLANNING COMMISSION, JUNE 23, 1986 86-420 Commissioner He_-bst stated this project just do~sn't work as a s~nior citizen compl~x; that th~ p~riphoral parking is a long way fcom th~ units and theT~ are only two elevatocs. Hc stated h~ has senn many s~nior citizen proj~cts ov~r the years and feels this probably g~ts as fa.- away from th~ s~nio~ citizen n~eds as possible. f1e stated he recognizAS there is probably a ne~d for s~nior citiz~n d~luxo apartments, but with this r~du^_tion in th~ numb~r of units and tn~ addition of only six parking spacns, h~ still f~lt th~r~ would not bo ddequdt~ pdrking becduse many 5~610C C1t12^n5 could hdV~ two ~d~s~ and not just in th~ one-b~droom units, becaus~ an afflu~nt. couple in a one-b~droom unit would pr.obably hav~ two automobil~s. Mr. Schwart2e stat~d th^ site Flan would allow for. additional parking, and polnLed out th~y hdV~ ~XCeed~d Cod~ C~QU1rn~~nntS fo.' pd~ki.ng. Commissione.- HBLbSt StdtBd thBV dC^ meetin9 th^ S~n10Z C1t1ZAR~5 COd~S fOL par.king, bUt d~~ not m~eting tho Senior Citiz~n apartm~nt criteria. He stat~d as an RM-1200 development h~ would not like to apprev~ per.ipheral parkin~ because tenants would haVe to walk 2'!0 to 3UU feet to get• to the ~ICVdtO~. ML. SchwaLtZ~ dsk~d lf a tuck-under p!O]er.t woUld be mor~ desirable. Commi.ssion~t Hecbst rosuond~d that would ~e far mo~e suitabl~ becaus~ mor.e secur.ity is provid~d and they could park clo>e- to th~ir unit. He added the density is still too mu^n in this lo~ation. [4r. Schwartze stated they hav~ str.uggled wirn the issue of th~ parking because Ar,ierican DiVetslfi~o has done a numb~r of pro7ects and has not had a pa-kina problem as to th~ numbe: of spaces. He stat~d if the Commission will give them some guidelin~s, they will be happy to revise th~ plans and add whatev~r parking th~ Commission feels will meet the requirements. Commissioner H~rbst stat~d less density would make the pr.oj~ct mo*e suitaole; chat more elevators ar.~ needed for. a seniors pro7eci and the parking should not be located so fac fr~m the units. Mr. Schwartze stated they would be nappy to mak~ the changes to the plans. Commissioner. Herbsc statied h~ rccogniz~s tihis par^el could probably be dev~loped into a good senior citizon's project and with less donsity would probably hav~ the least impact on the neighbo*hood, but thought they ar~ tryiny to put too mu^h on the property; and that h~ r~alizes thA flood control channel goes through the property making th~ proper.ty hard to develop. Commissionez McBU.*.nay stat~d this layout is not in tune with S~nior. Citiz~n's cequirements and if it is not sold as sonior. citizen`s pcojects, the p*operty owner will b~ back to t-y and get it ap~roved as a regular apartment complex and that he could not vote in favor the way it is proposed right now. Phillip Schwartze r.equ~sted a continuano~ in or.d~r to modify th~ plans and consider cuck-under parking. He added h~ thought it is a gaod project and with some modzfications, it could be an a^ceptable project co the Commission and added he wants to continue to wozk on the project to make it acceptabl~. Chairwoman La Clair~ stated she is concern~d about the r.oad and tcaffic. She stated sn~ would love to se~ the property stay r~creational, but it is not guing to stay that way; and t}~at sh~ has b~~n told it is ~ot doing w~ll. Sh~ stated a lot of homes back onto that recreational area and the open spac~ alony Anaheim Hills Road, and if t~l~ tennis ~lub does not stay, th~ pr.oper'ty owner will be requestiny proposals w}~ich the Commission does not like and stated she would like to see a guarantee that th~ tennis club will remain and 6/23/86 86-421 MINUTES ANAHEIM CITY PLAIdNII~G COMMISSION JUNE 23 1986 if a ttue lo~ density senior citizen tyoc development would offer that guacantee, she would be in favor of the proposal. She added shc did not know how to ptovide that guatantee, but thought the tennis club and ±his developmenc should all be tied togethec. She stated sne wanted to see a guarantee to keep the tennis club and that the open space will remain and that theze will not be any increased t:affic on La Paz. She Gtated she also thou9ht the density i.s roo high. Jay Titus explained that strect was originally a maintenance road for thc flood cont~ol channel and is not a public street. He stated that roa~ could be closed to thC publi~• CommisGioner Herbst ~eferred to *_he indication in the ~tas~aces~wouldameete proposal does not indicate whether the remaining par.king P requir.emencs foc the tennis cour.ts and clubhouse. Leonard Mr.Ghee, Associate Plannet, explained the petitioner did not indicate whether thc packing Gpz~e~ eliminated by the development of thiG project on the souther.n portion of the pLOperty, wuuld leave adequace parking foc the tennis cour.t~ and clubhouse, and staff is concecned chere may not be enough parkiny left for. cne tennis club. Mt. Schwa~tze stated tnere a.-e 96 pa_*kiny spaces remaining on the parcel to the south, and ther.c is more than ample room existing fo~ mo~e than code r.equized pa~kiny for the cennis club. He stared they werc also concerned and did a ahysical count on the p~oper.ty and measur.ed the spaces and they ar~ 12-and 13-foot wide spar.es, and with •estriping, thcy would have more than ample parkiny. Leonazd McGhee stated it was staff's concern that the pazking was angle-parking which typically requires less back-up space and was ~ot sur.e if there was enough room on the sitc to provide additional parking. Chairwoman La Claite stated Ghe would like to sec the matter continued to get all thc an~wers. She ctated she would like to cee this property retained as one and noted it is onc owr.er, and the only way she would vote for this pto7ect is to have a guarancee that the tennis cour.ts and the open space will remain. phillip Schwattze stated r.he people in the a:ea were concerned that once this p•oject is approved, the tennis club would still disappear and there would be an expansion of thiG pro7ect and ne was not su`~theWUSe,gandathe pro~ertyuis that the powcr lics with thc City not to chan9~ zoned fot commercial r.ecreation uses and some of the uses that could be developed by cight would be of moce concern than this seniot citizens project. Chairwoman La Claire stated this development would probably produce the least amount of noise, the least amount of intrusion into the area, and the lcast amount of tcaffic, consider.iny they would probably not have as many trips per day, but sh~ was concerned that this would be just a'foot in the door'. She 6/23/86 MINUTES ANAHEIM CITY PLANNING COMMIS5ION JUNE 23 1986 86-422 ask~d why this ptojecr should be approved if the tennis club is going to go out of busin~ss, and why they wouldn't just .^.om~ in with a total pzoj~ct fo~ th~ whole proper.ty. Mr.. Schwartz~ stat~d the zonir~ for the remainder of the prop~rty is not chanying and would still be RS-A-43,000(SC), and the ~xisting use is a non-conforming us~. Chairwoman La Clair.e statnd she would also like to see that ptoper.ty zezoned from RS-A-43,000 to CR because right now the whole property is in a holdiny zone. Mr. S~hwartz~ st~ted l~s~~dgr.ezoninnlto oSens may offer noro assuranc~ than r.ezoniny to CR. H_ sugg~. 9 P s~ace designation, or some other. zone which would p-ovid~ better assuran~^ zhat thc t~nnis clue will re:nain. Commissioner Bouas stated to yua.*.ante^ th^ tennis ^lub, all th^s~ p^opl~ will have to join it, o~ the City has to take it over. and op~rate it, but it has to have suppo~c in o~d~r to rcmain. MalcoJ.m Slaught~r, Doputy City A`torn~y, stat~d there is nothing to prohibit the City from enter.ing in~o a Ueveloprn~nt Agreement which would encompass not only th~ apa.-.tment site, but th^ t~nnis ~lub as woll, with guaranr^^s to the Clty~ thC l~n9th Of US~~ ~tiC. H~ StdtCd~ hOWCVCL~ th^ U~velopm~nt Agce~ment proc~ss is involved and l~ngrhy and requir~s additional h~arinas. ACT:ON: Commissionet Herbst offer~d a motion, s~condod by Commission^r McBurney and MOTION CARRIEU (Commissioner Messe aosent) that consideration of the aforementioned matt~r be continued to the r.eyularly-scheduled meeting of July 21, 1986, dt th~ tequest of th^ p~titiOn~r, IT~M NU. S EIR NEGATIVE 1)ECLARATIUN WAIVER OF CODE RE~UIREMENT AND CONDITZONAL USE Pc1tMIT NU. 28U5 PUliLIC HEA1tING. QWNEkS: RICHARU G. AND BARBARA L. SAYLOR, 804 W. Broadway Street, Anaheim, CA 92805. Proper.ty descr.ib~d as a r~ctangular.ly-shaped parcel of land consisting of approximat~ly U.32 acr.es, located at the southwesc cor.ner of Broaciway and Citron Street, and further descr.ibed as 804 West Broadway. Waivers of minimum rear yard setback and reyuired type of pa~king spaces to permit a bed and breakfast inn in the RM-2400 zone. THE FOLLOWING AC'PIUN WAS TAKEN AT THE BEGINNIe7G OF 'PHE MEETING. ACTIUN: Commissionec Souas offeted a motion, seconded by Commissioner Lawicki and MOTION CARRIEll (Commission~r Mess~ absent) that consideration of the aforementioned matter be cont:nued to the r~gularly-scheduled meeting of July 7, 1986, at th~ request of th~ p~tition~r, ITEM NO. 6 EIR NEGATIVE DECLARATION WAIVER OF CODE REQUIREMENT AND CONDITIONAL USE PERMIT N0. 2798 PUtlLIC HEI~itIt~G• 01~~t7ERS: CHRRLES HANCE, 828 W• Vermont Avenue, Anaheim, CA 92805. Ptopesty described as an itte9ularlY'nhof~approximatelya335cfeetSOn g of approximacely 1.84 acres, having a frontag_ 6/23/86 MINUTES, ANAHEIM CITY PLANNING COMMISSION, JUNE 23, 1986 86-423 th~ south side of Vermont Avenue, approximately 190 feet west of th~ centerline of Citron Stre~t, ~asterly of th~ Santa Ana Fre~way, and fu.-ther d~scribed as 808-820 west Vermont Avenue. Waivez o£ minimum number. of par.ki~g spaces to p~rmit an automotive sales and servic~ center facility and retain an outdoor storag~ area. Continued from the meeting of June 9, 1986. Ther~ was no one indicating theic pr.esence in opposition to subject ~equest and although the staff report was not read, it is reforr~d to and made a part Of th9 m1RUt~S. Chuck Hance, own~r, stated this is a Corvett~ parts businoss and that h~ occasionally s~lls cars and is applying for a license with the D~par.tm^nt of Motor Vehicles and would lik~ to park a ~oupl~ of cars out front on th~ property and also r~tain the outdoor. f~nc~d stocage aroa in the rear.. TH~ PU~LIC HEARING WAS CLU5Ell. Commissionor Her.bst clarified that no disassembly of automobiles would be allowed. L^onard McGhee exnlainod this action is th~ result of Code Enforcement activity because th~ ownet app~a~ed to be disassembling automobiles. Mr. Hance stated he previously bouaht automobile parts fcom oth~C pCOple dnd wh~n th~ Cod~ Enfotcoment Offlrer Was thete~ pa~ts had just been dropp~d off; however, he is no longer dcing that par.t of the op~r.ation. Leonazd McGhee stated tne oth~.- part of the request is for outdoo~ storagA for the t-ailers on the property and that was a violation of Cod~ and the petitioner was cited and this is a~eguost to retain those trail~rs and staff is suggestiny the trailers be enclosed with site screening. Mr. Hance stated he would agree to provid~ the sit~ s^_~ecning. Chairwoman La Clair~ stated she sees no problem with this requost as long as the conditions are met because it is a use compatible with th~ industrial ar~d. Leonard McGh~e stated staff would recommend thaL the four conditions included in Par.ag:aph 21 of th~ staff repor.t be included in the resolution, if g-anted. Mr. Hance statr_d one of his tenants details Porches and Mercedes and has no retail p:oducts to sell and asked if it would be a violation of these conditions and added, also one tenant details limousines and does not havn a produ^t to sell and a lot of thoir busin~ss is d6R^ off th~ sit~. It was clarified the retail sales wonld be limited to Unit A. Mr. Hance responded to Commissioner Bouas that he has fou~ trailers outsid~ and the number can be limited to those four. Lconard McGhee stated staff's original conec_~r.n was that he also pr.oposes to s~ll products: in the front and wanted to work on the vehicles in the rear; however, that tenant has left and this stipulation would furthec restrict the operation and he thought the purpose was to allow more flexibility. Mr. Hance explained he thought something should be added to the wording co the effect that it would exclude sezvice or.iented businesses. He stated originally there was a window tinting business and no product was sold for that operation; howevet, that business 6/23/86 86-424 MINUTES ANAHEIM ~ITY PLANNING COMMISSION JUNE 23 1986 has been relocated and is being replaced with the detailing oper.acion. Commissioner Fcy stated the words 'automobile detailiny' could be added. ACTION: Commissioner Fry offered a motion, seconded by Commissioner Bouas and MOTIUN CARRIEll (COmmissioner M~sse absent) that the Anaheim City Planning Commission has reviewed the proposal to per.mit an automobile sales and sezvice centet facility and r.etain an outdoor sto:aye azea with waiver of minimum number of requir.ed parking spaces on an irr.egularly-shaped parcel of land consistiny of approximately 1.84 acres, having a frontage oE approximately 335 feet on the south sidc of Vermont Avenue and fur.ther described as BOb to 820 West Ver.mont; and does hereby approve the Negativc Declaration upon finding that it has considered the Negative Declaration together with any ~o~••~nrs received during the public review process and £ur.ther finding on the basis of the Initial Study and any comments r.eceived that ther.e is no substantial evidence that the pr.oject will have a significant effect on the environment. Commissionec Fry offer.ed a motion, seconded by Commissioner Bouas and MOTZON CAftItIEll (Corunissionec Messe absent) that the Anahcim City Planning Commission docs hcr.eby g~ant waive: of Codc requirement on the basis that the parking waiver. will not cause an inczease in craffir rongeGtion in che immediate vicinity no~ adversely affect any adjoining land uses and gr.anting of the parkiny waiver unde~ the rondition~ impoGed, if any, will not bc detrimencal to ti.he pcacc, health, safety and yencral wclfare of th~: citizens of the City of Anaheim. Commissioncr Fr.y offcred Resulution No. PC86-167 and muved for its passagc and adoption that the Anaheim City Planniny Commission does hcreby gr.ant Conditional Use Per.mit No. 2798 puzsuanc to Anaheim Municipal Code Seccions 18.U3.03U.030 through 18.03.030.035 and sueject to additional conditions as ii~dicated in the staff teport and modifie~ to include automobile detailing and subject to Inte[depar.tmental Committee r.ecommendations. Un r.oll call, thc forcyoing resolution was passea by the following votc: t1YE5: i~UUAS, FRY, HERBST~ LA CLAIRE, LAWICKZ, MC BURNEY NO~S: NUNE AB5ENT: MESSE Malcolm Slauyhter., DepuLy City Atto~neyr presented the r~ritt~n tight to appeal the Planning Commission's decision within 22 days to the City Council. ITEM NU. 7 EIR NEGATIVE DECLAIL4TION TENTATIUE TRACT OF MAP N0. 10982 (REVISION N0. 1) ANll SPECIFIC PLAN APPROVAL. PUBLIC HEARING. OWNERS: KAUFMAN AND BROAD dF SOUTHERN CALIFORNIA, 5500 E. Santa Ana Canyon Road, Anaheim, CA 92607, ATTN: MARK GOODMAN. P~~oximat£ly desccibed as an iriegularly-shaped parcel of land consisting of app 6.9 acres generally located north and west of the intezsection of Bauer Road and Monte Vista Road, and further described as Kendra Cout.t, East Hills (Bauer Ranch-Ar.ea 7). To establish a 15-lot, RS-5000 (SC1 lResidential„ Si~gle-Family, Scenic Corridor Overlay) Zone subdivision and approval of sp~cific plans for 6/23/86 MINUTES ANAHEIM CIiY PLANNING COMMISSION JUN~ 23 1986 86-425 Tentative T:act No. 109d2 (Revision No. 1) (Bau~r Ranch-Area 7) previously reviewed under Varian~e No. 3563. Continued from thn meeting of June 9, 1986. There was no one indicating their presence in opposition to subj~ct r.equest and although the staff report was not read, it is [~fet[ed L'o and made a part of the minutes. Commissionor Bouas d~clar.ed a conflict of inte:est as dofined by Anah~im City Planning Co~nission Resolution No. PC76-157 adopting a Conflict of Inter.est Code foz che Planniny Commission and Gover.nment Code Section 3625, ~t seq., in that hcr husband has done work for the developer and pursuant to th^ provisions of the above Codes, declared to the Chair.woman that he was withdr.awing from the hearing in connr_r_tion with Tentative Tr.act Map No. 10982 (xev. No. 1), and would no~ takc part in eithnr the discussion or tnc voting thcreon and had not discussed tnis mattcr with any membec of the Plannzng Cortimission. Thereupon Commission~r Souas left the Council Chambcr. Kevin Kirk, Director of Er.gineering, Kaufman &~road, llevelopment Gr.oup, :eferred to Condition No. 2 and explained thcy have bonded for the traffic signals and installed some of the sionals as necessa:y and wanted to be sute they ar.c not required to pay any additional f~es. H~ sugy~st~d that Condition No. 23 should be modificd to eliminate rhe refer^nce co a wall alo~ig the pcoperty line becausc it was always int~nded the,y would install the wall along the top of the slope adjacnnt to the open spac~ area a~ove the Regional CenL•er. and the wording of the ~roposed condition may requir.e two sepa-ate walls. Ho referred to Conditicn No. 4 and clar.ified they ar^ not being ask~d to bond twice fo*_ the landscaping and explain~d they presr_ntly have a ~ond posted with the City; howevcr, the[e may b~ some need to renew it and it will be r.enewed. THk~ PUBLIC HEARING WAS CL05ED. Paul Singer, 'PZaffic Engine~r, stated the developer would not have to pay for the tr.affic signal or fees twicr_; and that certain traffic signals have been installed and ihe remainder bonded for and that the condition should be left as it is. Chairwoman La Claire stated the wall should be placed at the top of the slope. Malcolm Slau9hter stated the property line in question may not be at the top of the slope, so there would be two dificrent locations fo_- the walls under this condi.tion and that is not the intent. Mr. Kirk stated the property linos are aithin the 100 foot slope betw~en the Regional Shopping Cente~ and the t_*act. Chaicwoman I,a Clair.e stated tha agreement when the shopping center was proposed should be adhered to and Mr. Kirk stated they have never been otili9ated to put a wall at the bottom oE rhe slope. Regardi.ng Condition No. 24a Jay Titus stated under the Grading Plan the developer has posted a bond ;~~r th~ landscapiny and irrigation for the slope; however, that was quite a f~w ycars ago and that bond should be teneWed. He added there was no intent to have two bonds, but to have one valid current one. 6/23/86 :1INUTES Al4AHEIM CITY PLAI~NING COMMISSION JUNE 23 1986 86-426 P1r. Kirk stated they would substitute a new bond. ACTSOt~: Co~Tissioner McBUrney offered a motion, s~conded by Commissioner Herbst and MOTION ~ARRIEll (Commissioner.s Bouas and tdesse absent) that the Anaheim City Planning Cortunission has reviewed the proposal to establish a 15-lot, RS-5,000(SC) Zone subdivision on an irregular.ly-shaped parc~l of land consistiny of approximately 6.9 acres generally located nortih and west of th~ intersection of Bauer. Road and Monte Vista Road, and further describ~d as Kendra Cour.t, East Hllls (Bau~r Ranch - Area 7) and and does h~teby appr.ov~ the Negative ll~cla~ation upon findin9 tnat it has considerod the Negative Declaration togethec with any comments received du-ing th~ public review process and further finding on the basis of the initial Study and any comments reccived that thcr.e is no substantial evidence thac the pr.oject will hav~ a significant effect on the enviconment. Commissioner McBurney offered a motion, seconded by Commissioner Her.bst and MUTIUN CARRIEU (Commissi.iners Bouas and Messe absent), that the Anaheim City Planning Commission does hereby find that the proposed subdivision, together wich its design and improvement, is consistent with the City of Anaheim Gr_neral Plan, puzsuant to Government Code Section 66473.5; and does, therefore, approve Tentative Map of Tract No. 10902 (R~V. NU. 1) for a 15-lot, condominium suDdivision sub7ect to th~ following conditi.ons: 1. That prior to issuanc~ of a buildirig per.mit, th^ appropriate major thoroughfa~e and 'oridge fee shall ~c paid to the City oi Anahcim in an amount as specified in th~ Major. Tho:ough£are and Bridge F.-e Program for the Foothill/Eastern Transportation Corr.idor, as approved by City Council Resolution No. BSR-423. 2. Tnat prior. to fir.al tract mao approval, the appropriat~ traffic signals as required by the Bauer xanch Public Facility Plan dated November, 1983 shall eirher be installed or. the appropriate fr_ns paid to the satisfaction of the City En9ineer. 3. That all pzivate streets shall be d^veloped in accordance with the City of Anaheim's Standard lletail No. 122 fo: private streets, including installation of street name siyns. Plans for the private strect lighting, as requirea by tre standard detail, shall be submitted ~o the Building Division for approval and included Nith rhe building plans prior to the issuance of building per.mits. (Privata streets are those which provide primary access and;or circulation within the project. 4. That no public or. private street grades shall excr_ed 102 except by prior approval of the Chief of the Fire Department and th~ Engincering Division. 5. That dr.ainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 6. That should this subdivision be developed as more than one subdivision, each subdivision thereof shall be submitted in tentative form for approval. 7. That all lots within this ~r.act shall be served by under9round utilities. 6/23/86 MINUTBS, ANAHEIM CITY PLANNING COMI~ISSION LJUNE 23, 1986 86-427 ~. That priar to commr_nr.emont of ,tructural fzaming, fire hydzants shall b~ installed and charged as requir~.d and deter.mined to be n~c~ssary by the Chief of thc Fire Uepartment. 9. That all r.equir^ments of Fire Zone 4, otl~er.wise identificd as Fir.e Administratxve Ur.der No. 76-01, shall be met. Such requiroments include, but ar.e not limited to: chimney spar.k a~r.estor.s, pr.otected attic and under flcar openings, Class C or better roofing mater.ial and one hour. fir.e resistive construction of horizontal sur.faces if located within 200 fo~t of adjacent b-ushland. 10. Thar ~r_mpor.ar.y strect name siyns shall be installed prior to any ocr_upancy if ~er.manent street name siyns have not been installed. 11. That yra~ing, excavation, and all other constr.uction dCt1V1tLC5 nhall be conducted in such a mariner so as to minimize the possibili"yo uf any silt oriyinatiny fr.am this p[oa~~t being carried into the Santa ~na Rivec by storm water originating from or flowin9 through this project. 12, Thai•. prior to final building and zoning inspections, •No par.ki~y for. street sweeping" siyns shall be installed as cequir~d by the Stceet 19aint~nancc and Sanitation Uxvision and in accordance ~ith specifications on file with said division. 13. That Lhe seller. shall provide th~ pucchaser. of each ~esidential dwelling wiL•h wr.itten infocmation concezniny Anah~im Municipal Code Section 14.32.500 per.taining to 'Parkiny ~estricted to facilitate street sweeping". 9ur.h written information shall ~learly indicate when on-street par.kin9 is prohibited and the p~nalty for vioiation. 14. 'Phat prior to final tr.act map appr.oval, che origxnal documents of the covenants, conditions, and restrictions, and a let~er addressed to the devcloper's title company author.izing recor.dation thcreof, shall bc submitted to tho City Attor.ney's Office and approved by the City Attorney's Office and Engincer.ing llivision. Said documents, as approved, will then bc filed and re^orded in the Office of the Or.ange County Recorder.. 15» That pr.ior to issuance of a building permit, app~opriate par.k and recroation in-lieu fees shall be paid to the City of Anaheim in an amount as determ~n~d by thc City Councxl. 16. That native slopes adjacent to new1Y ~onstLUCted hOmr_s shall be hydr.oseeded with a low fuel combustible 5~ed mix. Such slopes shall be sprinklered an~ weeded as reyuired to establish a minimum of l0U feet of separ.ation betw~en flammadle vegetation and any structur.e. 17. That r.easonable landscaping, including irrigation facilitxes, shall be installed in the uncemented portion of th~ par.kway of any ar.tcrial street and any interia~ or collec~.or street wh~r.e ther.e is an adjacent slope to be maintained by the Homeowrters Associa~ion. The Hcmeowners Association shall assumc the responsibility for maintenance of sa~d parkway landscaping. 6/23/86 MINUTES~ ANAHEIM CITY PLANNING COMM~SSION~ JU[~E 23, 1986 86-428 16. That prior to final tract map approval, the apptopriate fees due for terminal storage, shall be paid to the Water Utility Division by the Develoner in accordance with the provisions as set for.th in an Agreement between the City of Anaheim and Kaufman and Broad, dated August 14, 1983. 19. That the petitioner shali present evidence that the proposed subdivision shall provide, to the extent f~asible, for futur.e passive or natural heating or coolin9 opportunities in the subdivision Qrior to the issuance of building pcrmits. 20. That prior to final tr.act map approval, all public facilities proposed either wi~hin or adjacent to the proposed subdivision shall conform to the Public Facilities Plan for Development of the Baucr Ranch as adopted by City Council on November, 1983, and any further anendmf~nts pertaining to said plan. 21. That in accordance with the requirements of Section 18.02.047 of the Anaheim Municipal Code pertaining to the initial sale of residences in th~ City of Anahezm Planning Ar.ea "B", the scller shall provide ~~ach buyer with written information conceznins the Anaheim Generai Plan and the existing zonin9 within 3U0 feet of th~ boundaries of subj~ct tract. 22. That prior to final tract map approval, the owner(s) of subjec't property shall dedicatr_ to the Cicy of Anaheim, the libr.aty site as shown on the Bauer. Ranch Public Facility Plan dated November 1963. 23. That prior to final tr.act map appr.oval, a bond or other security satisfactory to the City shall be posted with the City to guarantee the construction of a 6-foot hiyh cambination conccete masonr.y at the top of the slope along the north residential lot p:opecty lines (Lot Nos. 3 through 14). Said wall shall serve as screenin9 for the a~iacent tesidences. Said wall shall be constructed pcior to fina) building and zoning inspection of the cnsidences. 'l4. That prior to final tract map approval, a bond shall be posced with th~ City to guatantee landscaping of the ~lope adjacent to the regional shopping center in accordance wit,h City standards and specifications. Said landscapiny to be completeo prior to final buildiny an~ zoning i,nspecti~~is of the residences. 25. That the seller. shall provide the purchaser of each dwelling unit a copy of the Bauer xanch General Plan of llevelopment. said plan shall include all thc elements of the Planned Community and shall contain any amendm~:nts approved by che Plani.ng Commission and/or City Council. 26. That sub7ect property shall be developed substantially in accordance with plans and specifications on fi.le with the City of Anaheim marked Exhibit Nos. 1 throu9h 11, as well as plans approved in connection with Variance No. 3563. 27, That Qrior to final building and zoning insFections, Condition Nos. 4, 5, 7, 9, 11, 15, 16 and 25, abovc-mentioned, shall be complied with. 6/23/86 >i • . ,~. MINUTES~ ANAHEIM CITY PLANNING COMMISSION, JUNE 23~ 1980 86-429 Commissioner McBUrney offered a motion, seconded by Commissioner Herbst and 140TIO1J CARRIED (Commissioners Bouas and Messe absent) that the Anaheim City Planning Commission does hereby approve specific plans for Tentative Tract No. 10982 (Revision t~o. 1) (eauer. Ranch - Area 7) previously reviewed under Variance No. 3563. Commissioner Bouas teturned to the meeting. ITEM NO. 8 EIR NEGATIVE llECLA.RATION, RECLASSIFICATION N0. 85-86-38 AND VARIANCE NO. 3571 PUBLIC HEARING. OWNERS: MARTHA SCHUMACHER, P. 0. Box 191, Anaheim, CA 92805. AGENTS: CORNICHE UEVELUPMENT CORP., 1681 Loma Roja Drive, Santa Ana, CA 927U5, ATTN: DANIEL O'CONNER. Property described as a rectangular.ly-shaped parcel o£ land consisting of approximately 0.36 acr.e located at the southea~t cornet of. South Street and Har.bor Boulevar.d, 800 South Harbor ~oulevar.d. R5-72U0 to CU (Par.cel A). Waivers of: (a) pcrmitted business signs, (b) maximum number of small car. spaces, (c) maximum numbe: of parking spaces, (d) maximum str.uctural hei9ht, (e) minimum yazd requirements &(f) maximum wall height to construct a 2-story office building. THE FOLLUWING Ac:TION WA5 TAKEN AT THE BEGINNING OF THE MEE`PING. ACTIUN: Commissioner Bouas offered a motion, seconded by Commissioner Lawicki and MOTION CAltRIED (Commissioner Messe absent), that r_onsider.ation of thc afor.ementioned matter. be continued to the regularly-scheduled meeting of July 21, 1986, at thc r.equest of the petitioner. Chairwoman left chr_ Council Chamber. ITEM NU. 9 EIR NEGATIVE DECLARATION, RECLASSIFICATION N0. 85-86-39 AND VARIANC~ NO. 3574 PUBLIC HEARING. OWf~EIt5: GRACE LUS'PY, c/o INDUSTRIAL PARK ASSOCIATES, 21201 Victo*y Boulevard, Suite 265, Canoga Park, CA 91303, ATTN: IAN McEWAN. AGENT; MADGY HAN[~A, 4000 MacArthur Boulevard, Suite 680, Newpoic Beach, CA 92660. Property described as an irregularly-shaped parcel of land consisting of approximately 1.74 a~r.es, 2642 WeGt Lincoln Avenue. RS-A-43,OU0 to RM-1200. Waiver of maximum structur.al heighc to construct a 1 and _-story, 63-unit apartment building. There was no one indicating 'their presence in opposition to subject r.equest and although the staff report was not- r.ead, it is referr.ed to and made a part of the minutes. 6/23/86 MINUTES, ANAHEIM CITY PLANNING COMMISSION, JUNE 23~ 1986 86-430 Commissioner t9cBurney assumed the Chair. Madgy Hanna, agent, stated this is an i:regularly-shaaed par.ccl of property located adjacent to the Carbon Creek Flood Control Chanlel and is a difficult parcel to develop. THE PUBLIC HEARING WAS CLOSED. ACTION: Commissioner Herbst offered a motion, seconded by Co~nissioner Bouas and MOTION CAitRIEll (COmmission~rs La Claire and Messe absent) that the Anaheim City Planning Commission has r.eview~d the proposal to reclassify subject propcrty from the RS-A-43,OOU (~esidential, Agricultur.al) Zone to the RM-1200 (kesidential, Multiplc-Family) Zonc to construct a 1 and 2 sto~y, 63-unit apartment building with waiver of maximum structu:al height on an irregularly-shaped parcel of land consisting of approximately 1.74 acres, haviny a frontage uf approximately 80 £~et on the south side of Lincoln Avenue and loca~ed approximately 6U0 feet west of the centerline of Magnolia Avenue and further described as 2642 W. Lincoln Avenue; and does hereby approve the Neyative lleclarazion upon finding that it has considered the Negative Declaration toyether with any comments received dur.ing the public *eview process and further finding on the basis oE the Initial Study and any comments received that there is no substantial eVldenrC that the project will have a siynificant effect on the environment. Commissioner Herb~t offered Rosolution tJO. PC86-168 and movcd for its passage and adoption that the Ananeim City Planning Commission does h~[eby g_*ant Reclassificacion No. 85-86-39 sub7ec~ to Interdepartmental Committee recommendacions. Un roll call, the foreyoing resolution was passed by the following vote: AYES: IIUUAS, FHY, HERB5T, LAWICKI, IrC BURNEY NUES: NUNE A~SENT: LA CLAIRE~ MESSE Commissioner Hcrbst offered Resolution No. PC86-169 and moved for its passa9c and adoption tnat the Anaheim City Planning Commission docs ne.-eby grant Variance No. 3574 on che basis that there are special cizr.umstances applicable to the property such as size, shape, topography, location and surroundin9s whicn do not apply to other identically zoned property in the same vicinity; and that strict application of tne Zoning Code depr.ives the property of privileges enjoyed by othcr proper~ics in thc identical zone and classification in the vicinity and subject to Interdepar'tmental Committee recommendarions. On zoll call, tne foreyoin9 resolution was passed by thc following vot~: AYES: BOUAS, FRY, HERBST, LA CLAIRE, LAWICKI, MC BURNEY, MESSE I~UES: NUNE ABSENT: LA CLAIRE~ MESSE t4alcolm Slauyhter, lleputy City Attorney, presented the written right to appeal the Planning Commission's decision within 22 days to the City Council. 6/23/86 MINUTES, ANAHEIM CITY PLANNING COMMISSION~ JUNE 23~ 1966 86-431 Chairwoman La Claire ceturned to th~ me•eting. ITEM NU. 10 EIR NEGATIVE -ECLARATTUN, RECLASSIFICATION NO. 85-86-40_t WAIVER OF COllE RE~UIREMENT AND CUNllITIUNAL USE PERMIT N0. 2816 PUBLIC HEARING. OWNERS: JAMES R. AND SHIRLEY A. NEEDHAM, 9492 Sandra Circle, Villa Park, CA 92667. Property described as a cectangularly-shaped parcel of land consisting of approximately U.39 acre, 1028 ~ast North Street. RS-72U0 to RM-120U. To construct a 9-unit senior citizens apartment project with waiver of maximum structural height adjacent to single-family cesidential zoned property. There were five persons indicating their presence in opposition to subject request and although the staff repoct was not r~ad, it is ecfcrr~d to and made a part of the minutes. James Needham, owner, explained thcy propose a 9-unit, single-story senio: citizen apartment complex and thc projeet meets all the code requir~ments, and will provide an ~xcellr_nt comfortable li.ving atmosphere for thc people living in the complex. Frank Guevar.a, 753 N. Bush, pres~nted patitions from people who live in the area and stated l~e lives about 300 feet from thc site. He stated a 6-unit apartment complex was denied by the City Council on July 21, 1981, and pointed out the arca is still singlc-family and therc is no room for more apartments; and there is a parking problem with ca:s parked on both sides of the street, and there are no sidewalks which is a hazar.d to pedestrians, and he thought it would be especially hazardous for senior citizens. He stated there is a lot of crime in that area and thought a senior citizen would be a pr.ime 'tafget for a criminal. He added if this is approv~d for apartments, homeowners will be losin9 a lot in pcoperty valucs. He stated tzaffic and noise are already oroblems. Lloyd Lastly, 73tl N. Rose, stated his proper.ty backs up to subject property, and that the pr.o7ect will only have eight par.king spaces, with nine units, and cars are parked on both sides of thc strect now. He stated the petitioner indicat^s since this project is for senior citizens, some may not even have a car, but some could have two vehicles. He stated within about a four block acea ther.e are a lot of apartments which b:ings a lot of traffic. Mr. Needham stated this project meets the senior citizen parking :equirements at .8 per bedroom; that he has 10 seniors living in an 8-unit project and there are two vacant garayes out of 8 gar.ayes. He stated crime is something h~ has no control over, other than providin9 a 6-foot fenc? surrounding the property, and also a central secutity system would be installed inside the building so the tenants cou~d notify one another if there was a pcoblem. Mz. Ncedham stated when he first bou9ht this property, the Planning Comm;ssion approved a six-unit apar~ment complex on thc property and based on that approval, he closed escruw, and then the project was denied sixty days later by the City Council. He stated he bouyht the psopecty to make a financial 6/23/86 MINUTES~ ANAHEIM CITY PLANNING COMMISSION, JUNE 23~_ 1986 86-432 gain. He added this particular project will provid~ benefitsto the City and noted the propcrty only has a 75-foot frontage on Nocth Strect and that will be landscaped lushly and the project will be disguisn_d as a single-family residence. THB PUBLIC HtAltING WA5 CLOSEU. Leonacd Mcl;hnn, Associate PlanneL, stated the Gener.al Plan designation is low-medium density residential which per.mits up to 18 dwr_llin9 units per acre, typically undcr the RM-24U0 or x14-34U0 zone. Chairwoman La Claire :tated there is a parking problem on that street, par~icular.ly in r.elation to the apar.tments on the corner and there w~r.e car.s parked everywhere thcre was space available and a lot of people were just hanyiny around and she was concerned about aading to those problems because ther~ are some r~ally nicc sin9le-family homes in that area. She asked the zoniny of the whole a~ea. Lnonacd [+IcGhee SLat~d the low-medium density is just on those pa~cels facing Nocth Strcet, up to thc lot facin9 west on Bush Screet, or thc th:ee deep lots on Nocth Strer_t, as well as the lots on the sou!-i:west cocner of North and East Streets. He stated thc lot south of the 7-11 would also be considcred low-medium density. Commi.ssioner Herbst stated he did not think this project meets the critoria for senior ciLizen units; that he lived in that area for 27 years and that corner on North Street is probably one of the worst corner.s in this city and access is disastrous and putting senior citizens in that location wher.e they miyht have to walk to the necessazy conveniences would not be a good idea and also the parking is not proper.ly desi9ned and some ~enant~ would have a lony walk to get to their car, and a senior citizen's comple~c should be design~d to be convenient for the snniors and not just to impact the area with a lot of units. 14r. Needram stat~d this isn't pcopos,ed as a convalescent hospital. Commissioner Hcrbst stated the seniors will be ambulatozy, but everyonc of them would havc to have a car to yet to the services necnssary, such as a yrocery store, b=.nk, library, medical services, etc. and he felt these services must ue avaiiablc and this area docsn't meet those requir.ements. He added nine units on that lot is just too much. Chairwoman La Claire was concerned about ch~ General Plan designationG in this area and how th~se properties wer.e rezoned for multi-family. There was a brief review of the Gen~ral Plan. Commissioner ~iouas stated developing this property for s~nior citizens apartments rather than regular apar.tments would certainly cut down on the number of people living in the units and in some respects, it might bc bettet to have senior citizens apartments because there are controls cver who lives in the units. She adder~ that property to too big to remain a:;ingle-family resid~nce, and she thou9ht possibly the other ptoperties could, be all pui tugether for more apattments. Sh~ stated except for the problem with services cessible it night be better Y.o have a senior citizens complex at being more ac , ~ that location. 6/23/86 MINUTES ANAHEIM CITY PLANNING CUMMISSION JUNE 23, 1986 86-433 Chairwoman La Clair.e stated there is a problem with the General Plan in that ar.ea; that the General Plan shows the area at Nocth and East Streets fot medium density tesidential land uses which is RM-1200, RM-2400 ot RM-3000 and the area is developed as RS-720U, and that really needs to be cleared up before going any further with this request. She noted there are no multi-family developments in that azea, except on that corner. 5he suggested a continuance in order to determine the General Plan designation. Commissionez Herbst stated he is opposed to this senio~ citizens complex, no matter what the zoning is and did not think this petitionec should be held up just because there may be something w~ong with our Gencral Plan. Chairwoman La Claire stated sne also has a problem with the senior citizens complex in that area, but wasn't sure that ar.ea should be multi-family at all, realiziny that is noz what Mr. Needham wants to hear, but that shc was trying to save him some money with a continuance so he could comc back with a multi-family complex. Shc thought it would 'oe helpful for him to work with staff to find out what the ar.ea is designated f.or, and asked if he would like a continuance. Leonard McGhec Gtated the General Plan is to be looked at.as a very general land usc map and not a specific map; that this acea does hav~ hard edges and it looks specific with a street; tnat ther.e is approval on the southwest co[ner for a density consistent with the RM-2400 or low-medium density, and a pro7ect just to the west approved at RM-2400 or low medium density, and it can be genecally conceived that tnc General Plan could refle°eflectwactuall low density, Aven though the hard edge ~hown on thc map may y density, which would be consistent with RS-7200. He stated there is a rathe~ flexible interpretation che Commission is allowed with a map such as the General Plan and they should not cry to be specific by attaching a particular zone. Chairwoman La Clair.e staced if the people living thcre want the azea to remain sinyle-family, they should see that the General Plan is amended. Commissioncr Her.bst stated he has no problem wi.th the General Plan as it is; that th•~ property is zoned RS-7200 now and the Gener.al Plan is general and lot lines can ct~.any~r etc., and that is one of the reasons for public hearings, and also to find out if th~ Gener.al Plan should be amended. He stated the pcople in the ar.Ea have expressed their opinion that they do not want anymore apartments in the area. Chairwoman La Clair.e stated thece aze a couple of areas in th~ city where there is an intent on the G~neral Plan foc a particular zone and she would like to see the General Plan reflect whac is developed and she did not remember a General Plan study on thac area. Mr. Necdham stated if that the property is, in fact, zoned fcr multi-family, he certainly has the right to develop it for. multi-family uni'ts, and pointed out he has owned the propercy Lor five year.s. Chairwoman La C131Lt stated the proper.ty is zoned RS-7200, and th~ Genetal Plan shows the designation for. low-medium density which p~t!nits RM-24U0. She statcd she thought a vote today would be for denial, in hez opinion. 6/23/86 86-434 MINUTES ANAHEIM CITY PLANNING COMMIS5ION JUNE 23 1986 ACTION: Commissioner Herbst offered a motion, seconded by Commissioner. M~gurnr_y and MOTION CARRIEU (Commissioner Messe absent) that thc Anaheim C~Ly Planning Commission has reviewed the pcoposal to reclassify subject ptopnLty fr.om thc RS-720U (Residential, Sinyle-Family) zone to th~ RM-1200 (xr_sidential, Multiple-Family) Zone to permit the construction of a 9-unit senior citizens apartment project with waiver. of maximum structural h~ight adjacent to sin9le-family zoned property on a rectangularly-shaped parcel of land consist~ng of approximately 0.39 acre, having a fcontage of approximate y nn and bein9 lo~ated aPP'oximately 200 75 feet on the south side of North Str__t, geet west of the centerline of taKOVnt~hetNegativetDeclaaationbuponSfindingast North Strcet; and docs hcr.eby app ~ther with any comments that it has considered the Neya^ive v~nss and furthet finding on the basis of ceceived duciny the public r.evi_w pro--• thc Initial Study and any cormnents r.eceiv~d that thece is no substantial evidence that the pro7ect will have a significant effect on the environment. Coicimission~r Herbst offetod Resolution ~~o• P~ommissionddoos~h~re~yld~nyassag~ aad adoptiion that zhe Anah~im ~ity Planniny ~Ltics arc Reclassification No. 85-~6-4U on the basis that sucrounding P~oP- Lr_sld~ntldl units and mulci-family units would bc developed with single-family overbuilding thc a'na• Un ~oll call, th~ fo~egoin9 r~solution was passed by thc following votc: BUUAS~ FRY, HER~ST, LA CLAIk6, LAWICKI, IdC BURNEY AYES: NUES: NUN~ AB5ENT: MBSS~ Commissioner Hecbst offer.ed a~notion, scr_onded by Commissioner Fry and MOTION CpRRIEU (Commissione~ t4esse absent) that the Anaheim City Planning Commission docs hereby d~ny waiver of cudc rcyuir.ement on the basis that thern ate no special circumstances applicable to the p~operty such as sizc, shap~r topoyraphy, lccation and surroundings which do nut apply to other identically zoned pcoperty in the same vicinity; and that str.ict application of th^r~oesn9 Codc will not deprive she o[opeLry of privilny^s en)oycd bY other ptop- in the identical zone and classification in the vicinity. Commissionec Herest offered Rr_solution No. PCO~issionddoes~herebyldenyassage and adoption that th^ Anaheim City Planning Conditional Use Petmiti No. 2816 on tne basis that th~ use would advntsely affect the adjoininy land uses and 9n~o~hth~dpt~~~rtYmistnot adequate to allow it is located, and thr_ size and shag- the full development oP the pcoposed usO lsafetannandngenarallwclfaze oandr particular. area nor to the peace, h_alth, Y' ose an unduc bur.den that the t~affic yener.ated by th~ ptoposed use would imp upon thc streets desiyned ana improved to carry the traffic in the ar.ea, an ~ace health, safetY and genezal welfare the use would be detcimental to the p- ~ of the ci~i2ens of ~hc City of Anaheim. Un roll call, the foregoing resolution was pass~d by the fc lowing vote: AYtS: BUUA5~ FRYr H~K~ST~ LA CLAIRE~ LAWICKi~ MC BURNEY NOES: I3UNE AkiSEN~r: r~~.sse 6/23%56 MZNUTES ANAHEIM CITY PLAIvNING COMMISSION JUNE 23 198n 86-435 Malcolm Slauyhter, Deputy City Attorney, presented the writt~n righti tio appeal th~ Planning Commission's decision within 22 days to the City Council. Chairwoman La Claite stated she wuuld like for staff to review the G~neral Plan fo~ that area and possibly b~iny th~ desiynations into conformance with the existiny developments• ITEM [d0. 11 EIR NEGATIVE DECLAf2ATiue~ ANll VARIANCB N0. 3572 PUBLIC HBARING. UWN~:kS: STERIK CUl4PANY, 2525 Militar.y Avenue, Los Angeles, CA 90U64, ATTN: RAY MEADOR. Prooer.ty descr.ibed as an icregularly•-shaped parc~l of land consisting of approximately 11.34 acres located south and east of the southeast cor.ne~ of Urangethor.pe Avenue and Lemon Street, 120 East Urangethorpe Avenue. WaiveC of minimum numeer of r.equir.ed pa~king spaces to expand an e;cisting commercial shoppiny C~nt~~• Ther.e was no on~ indicatiny thnyL presence in opposition to subject request and althouyh the staff [~port was not read, it is referred to and madc a par.t ot the minutes. Ray Meador, ayent, ex~lained the request is to incr.ease the r~tail spac~ available at the former Zody's at thc intersection of Urangethorp^ and Lemon Street. He stated the remodeli.ng is cu~rently underway by Ralphs and they wuuld like to add a 2U,UU0-squarc foot oad to the ~aster.n borde: of the property, and a smallrr pad n~a~ Lemon Street. He stated the existing storefronts will have a faceliftiny and they think it will lend greatly to the sales tax gen~ration within the City and will complement that area. H~ stated the plans were revised and the 4,000-squar.e foot pad was increased to b,00U syuar.e feet, and by providing some compact ca~ par.kiny spaces are able to provide 664 patking spaces which is 57 spaces moce than th~ir Traffic Consultant has recommended. 'PHE PUBLIC HEARING WAS CLOSE;ll. Paul Singer, Traffic Engin~nr, stated he is concerned abour. the access to the dock and asked that a condition be added to state that tr.uck dock access would be sub7ect to approval of the City Traffic Engineer. tdr. Meador stated that would be acceptable to the p~titioner and they ar.e comfortable with Mr.. Singer's review of the matt~r and ar.n prepar.ed to meet with him this week with plans for relocation of the do~k access. itesponding tio Commissioner Hezbst, Mr.. Meador stated the additional 6,OU0-square foot pad would be for r~tail uses, and not a fast food restaurant, and probaely would be 1U00 to 1500-syuare foot r.etail shops or maybe service oriented businesses such as a d[y cleaning operation, and they did not anticipate one ma~or user. He explained if the Traffic Engineer's :ecommendation is accepted, the recommended level of parking in the parking lot would be 596 spaces and by increasing the pad to 6,000 square feet, another 11 parking spaces would be required, for total required parking on the 6/23/86 86-436 MINUTES ANAHEIM CITY PLANNING COMMISSION JUNE 23 1986 site to be 607 spaces, and as they reviewed the plan, they found some other deficiencies in patking~ such as changin9 some angle packing to 90 degree parking on the perimetet, and that w~uld mean 664 spaces, so they are stil.l providing in ~xcess of 50 spaces more than the ttaffic consultant recommends as the minimum necessa:y. Paul Sinyer stazed the parking study present~d indicates there will be sur.face parking availabl?. He tesponded to Commissioner. Fry that a drive-through restaurant would have to come back foc a conditional use permiti. Le~nard McGhee asked that Condition No. 5 bn accocdanceowithdPlans and]~ct propertY shall be developnd substantially specifications on file with the City of Anaheim mazked ~xhibit Nos. 1 and 2, provided thaz a~evised plan is submitted to limit the fceestanding structure to 6,9UU square fcet, as inaicated at the public hear.ing. ACTION• Conunissioner Fry offered a motion, srconded by Commission~r Bouas and MUTION•CARRIED (COmmissioncr. Messe absent) that ~h~xistinlm~ommercialnshopping Commission nas reviewed the Proposal to expand as aces ongan center with waiver of minimum number. of parking p irregula~ly-shaped parcel of land consisting of approxim~telyc1AVenuecand located south and east of the southeast cornez of Or.ang- ho~p L~mon Str.eet, and fu~ther d~scribed as 120 East Orangethocpe Avenue; and does hereby approve the Neyative Uecla~ation upon finding that it has considered the Negative Declaration togethec with any commencs received dur.ing the public ceview process and futthr_c finding on thc basis of the Initial Study and any comments reccived that thece is no su~stantial evidence tnat the project will nave a significant effect on che enviconment. Commissioner r:1 offered Resolution No. PC86-172 ana moved for its passage and adoption that th~ Anaheim City Planning Commission docs hereby grant Variance No. 3572 on the basis thar there ar.e special circumstances applicable to the property such as size, snape, topoyr.aphy, location and surroundings which do not apply to uther identically zoned pcopeety in tne same vicinity; and that stxict application of the 'LOnin9 Code deprives thc property of privileges enjoyed by other oroperties in the identical zone and classification in the vicinity and subject to Inter.departmental Committee recommendations• Un toll call, the foreyoing ~eso.lution was passed by the following vote: pygy; ~OUAS, FRY~ HERBST, LA CLAIRE~ LAWICKI~ MC BURNEY NO~S: NONE AB5ENT: MESSE Malcolm 5lauynter, Deputy City Attorney, presented th~ w~itten r.ight to app~al ttie Planning Commission's decision within 2'l days to the City Council. 6/23/86 MiNuTES ANAHEIM CITY PLANNING COMMISSION JUNE 23 1986 86-437 ITEM NU. 12 EIR NEGATIVE DECLARATION AND VARIANCE N0. 3573 PUBLIC HEAltING. UWNEk5: STERIK COMPANY, 2525 Militar.y Avenue, Los Angoles, CA 90064, ATTN: RAY MEAUOR. Proper.ty described as an irregular.ly-shaped parcel of land consistiny of appcoximately 8.37 acres located north and west of the nurthwest cotner of Lincoln Avenue and Beach Soulevar.d, 121 Nurth Beach ~oulevard. Waiver of minimum number of reyuired parking spaces to expand an existing commercial shopping ~~~~~r. There was no one indicatiny their. pr.esence in opposition to subj~ct r.eyuest and although the staff repor.t was nct r.ead, it is r.eferr.ed to and mad~ a par.t of the minutes. itay Mcador., agent, stated th~ point oE accnss fr.om Lincoln intu the cnnter. on the west side was a concer.n to the CiCy TrafEic Engineer and City staff and they unde[stood ch~rc would be a condition r.equir.ing approval by the City Tr.affic Enyinee: of that acc~ss point and they would ayre~ with that condition. THE PUBLI~ HEAltING WAS CLOSEll. Commissioner McBUrney refcrred to Lhc proulem with the Angelo's restaurant which is next door and the block wall discussed at [~revious meetings to ~r.ohibit access into this p~titionr_r.'s proper.ty and asked if the petitioner would be willing to constr.uct a blo^k wall on the nor.thecn pr.oper.ty line to complat~ the existiny wall. Mc. Meador stated if it was their pcoblem and their responsibility, th^y would be glad to do it, but they understood that in thc oriyinal appcoval for that r.estaurant, prio~ to Angclo's purchasing th~ proper.ty, that wall was a requirement and they would encour.age the Commission to yo fir.st to that alternative, bur if that docs not wor.k, they may have to put the wall in. Commissioner t4cliur.ney stated he undecstands, but thought they should seriously consider takiny a look at that situation because he thought it would be more pr.otection for thc petitioncr. Mr. Meador. referred to Condition No. 3 and stated they do not have any contr.ol ovec the secvice station property on the co~ner and the way that condition reads would r.equir.e dedication from the inzer.section to the end of their. property on both Beach and Lincoln. He stated if the critical intecsection desiynat_ion is approved, th~y would make dedication from the point of the ser.vice station to the end of their pr.operty. Yaul Singer stated since they do not control that property, they would not be requir.ed to obtain somebody else's r.iyht-of-way. AC'PIUN: Commissioner Fry offered a motion, seconded by Commissioner Lawicki and MOTION CAHRZED (COmmissioner Messc abs~nt) that the Anaheim City Planning Commission has reviewed the proposal to exYand an existing commercial shoppiny cenzer. with waiver of minimum number of parkin9 spaces on an ir~egularly-shaped parcel of land consisting of approximately 8.37 acres located north and west of the northwest corner of Lincoln Avenue and kiea~:n t~oulevard and fuzthec desccibed as 121 North Beach Boulevard; and does he~eby b/23/86 MINUTES, ANAHEIM CITY PLANNING COMMISSICN, JUNE 23_r_ 1986 86-438 approve the Negative Declar.ation upon finding that it has considered the Negative lleclaration togethet with any comments received during the public review process and further finding on the basis of the Initial Study and any comments received that 'th~re is no substantial evidence that the project will hav~ a significant effect on the ~nvironm?nt. Commissionez Fry offered Resolu~ion No~ PCtl6-173 and moved for its passage and adoption that th~ Anaheim City Plannin9 Commission does hereby y_*ant Varianc~ No. 3573 on the basis that the parkiny waiver will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect any adjoininy land uses and yranting of th~ parking waiver undez the conditions imposed, if any, will r,ot be detrimental to the peace, health, safety and genecal welfare of th? citizens of the City of Anaheim and subject to Inter.departmental Committee recommendations. On :o.ll call, the foreyoiny resolution was passed by the following vote: AYES: BOUAS~ FRY, HERhST~ LA CLAIRE~ LAWICKI~ [dC BURNEY NVES: NUNE A~SENT: MESSE Malcolm Slaughtcr, Deputy City Atrorney, presenred the written right to appeal the Planniny Commission's d~cision within 22 days to the City Council. ITEM NU. 13 EIK NEGATIVE DECLARATION ANll VARIANCE N0. 3575 PUBLIC HEAftING. OWNERS: DOYL~ E. ANll MA1tJORIE L. SMZTH, P. U. Box 58U, Nuevo, CA 9"1367 AND NEVILLE ANll VIOLET LIBBY, 1661 W. Cerritos Avenue, Anaheim, CA 9'28U2. AGENT: GERALU R. BUSHORE, 721 N. Eucl:d Street, Suite 202, Anaheim, CA 92d01-4116. Propecty described as a rectangular.ly-shaped parcel of land consisting of approximately 1.5 acres, 1643 and 1651 West Cerr.itos Avenu~. Waiv~rs of (a) required lot frontage, lb) minimum lot area, (c) minimum lot width and frontage and (d) permitted or.ientation of structures to establish 8-lot, xS-72U0 Zone sinyle-family subdivision. There was one person indicating his presence in favor to subject zequest and aNptoximately twenty people indicating thcir presence in opposition to subject reyuest and although the staff report was not read, it is refecred to and made a part of the minuLes. Gcrald Bushore, ayent, stated apparently a var.iance for a 4-lot, single-family development on the easter.n portion of this propecty was denied by the Ci.ty Council following approval by th~ Planning Commission on two sepazate occasions. He stated there is pressure in that Loar.a area fot homes, but not for homes on 3/4 acres. He stated there i~ one sinyle-family home on the property now, not two as i~~dicated in the staff report. He explained the vacant lot was before the Planning Commission for a 4-lot single-family subdivision, out now the two lots have been combined foz 8-sin9le-family 6/23/86 MINUTES ANAHEIM CITY PLANNING COMMIS5ION JUNE 23 1986 86-439 homes. He stated there have been a lot of inquicics zegarding that p*_operty £cr thc development of apartmenLS, etc. and this is not a good area for apartments; however, it is an excellcnt area for single-family homes, but because of the times, 3/4 acre:: must provide for more than one residence, He stated if single-family hames ar.e noc approved, the propecty will probably temain vacant; howevet, there will br_ Ceyu~StS for different uses and the proper~y has been looked at by seve~al chucch groups, etc. tie stated the lot sizes ar~ the same as tne propercy to the north, RS-720U, and waivers a~e reyucsted because of the private street sincc private streets are deducted from rha size oi thc lot. Hc sta~ed this will be a 36-foot wide private stzeet and that most condominium pr.ivate streets ar.e 25-feet wide. Mr, Bushore stated therc is a well on the westerly 10 feet of the property which servir_es eight familics in the area and easements are also deducted from the size of the propecty. He stated this pro~ect will r_nhanca the neighbor.hood with newer homes and these will be quality type homes. [deville Lioby, 1661 W. Cer:itos, onc of the owncr.s of sub7^ct propcrty, stated tncr.e is an on-goiny ptoolem with the vacant lot at 1643 W. Cer.ritos and thc problems are druy related and that is an ir,ducement for cr.ime in the area. He stated beautiful tract homes have becn built in 'the City of Anaheim and friendly relationst~ips do exist with sidc-by-side neiyhbors and he could not undecstand 'now the neighbors pres~nt in opposition would prefer to have tne existiny situation which is undesir.able with a vacant lot which could lead to a more serious problem. He stated 'ne has names of six cesidr_nts witihin 300 fcet of the property who a-e in favor of this project; however, he did not have any statements from them in writiny. Mr. Libby stated other than dis]ikes of the pr.oposed pro7ect, there are concer.ns about traffic and stated thcY nave a traffic problem due to tou~ists, etc, and would agree that many units of apa::tments and condominiums would cseate a minor influx of vehicle movements, but the addition of 8 singl~-family homes would 5e compazatively negative and the traffic would be ab1~ to blend in with the currenc tr.affic. He stated amplc parking has Ueen provided. He stated the enhancement of this prop~rty is worthy of thought and that subject property is currently an eycsore and neatly constructed homes witn manicured lawns would be fa: more attcactive. Phyllis Killingsworth stai•ed she is thc or.iginal owner of thc second house east of subject property and ~xplained th~y built r.heir home in 1950 because they wanted the extca space, peace, quiet and privacy the area afforded and that all tnese homes wcre owner-bui:t homes and thc proposed devclopment is totally out of cha~acter with the rr_st of the neighborhood and there are no special circumstances witn regar.d to these lots pertaining to the size, shape and topo9raphy to justify th•~ grantin9 of the var.iancc. She explained the well easement is on the western ~u~tion of thc lot. She stated she was assured by Mr. Libby that he is sellin9 the property under the condition that single-story homes would be dcveloped, tiut they were not suce the new owner would comply. She stated the owner is talkiny about thc probloms with the vacant lot and yar.age which is existing and pointed out that is a problem, but that t9r. Smith, the new owner, temoved a nice house that was there and left the gar.agc and that has caused a lot of problems and if developed, that would be cemoved. She stated there is no reason why they couldn't remove the gar.a9~ and climi~ate thc problem now. She stated she hoped the Commission would deny the request. 6/23/86 MINUTES, ANAHEIt9 CITY PLANNING CUMMISSIUN, JUN~ 23, 1986 86-440 THE PUBLIC HEARING W.aS CLOSED. Pa~ Morgan, 1635 W. Cerritos, stated her property is next door to the nast of subject property and they, with their many neighbors, are in opposition to this variance for an 8-lot subdivision on the two, 3/4-acre parcels becausc of the increase in the number of vehicles which would add to the parking and traffic pcoblems on Cerritos. She explained Cerritos is not widened in this arca and there is no par.king on thc street. She stated noise and pollution would also bc increased and that two of the proposed lots would also adjoin their front yards with their back yards. She stated thcy are opposed to the numbcr of lots proposed and do not ayree that all the eiyht lots would mrn_t the 720U-syuare foot req~irements and also they are concerned about the location of thc private street. She statcd approval of thc var.iance would discriminate against other owners of a 3-acre patcel since the owner would not rec~ive the same pcivileges afforded the owner of thesc two 3/4-lots; and that it is i~apossible to establish four, 7200-syuare foot lots with the required privaie street on one 3/A-acre lot. 5he stated if the r.emaining 3/4-acre lot owners decided in the futuce to merge and r~quested the same variancc~ ere would be four. private streets lcadiny from 32 homes in th^ 1600 ~lock ~. ~est Cerritos. She stated they ar.e concer.ned with the future of Anaheim and would wclcome two homes on cach 3/4-acre lot and if the 3/4-acre lot owne~s wish to divide their pcoperty and build two homes, havin9 owned tneir lots ,;ong enouyh, could make a sizable profit and two homes on each lot wculd be acceptable to the people in the neighbor.hood. Eu9enc Dunham, 1642 Buena Vista, Anaheim, just north of subject property, stated he is opposed to this request and agreed that any improvement on these two lots that would conform to the neighborhood would be acceptable to the neighbors and that would be a singlc-family home on a sin9lc-family lot; however, this reyucst is for eiyht houses on two lots and pointed out a variance :equcsted for four houses on one lot has been denied thcce times and this variancc would be twice the problems, namely con9estion and noise, and would destroy the char.acter of the neighborhood. He stated there are eight identical lots on thac siae of Cerritos and if those C1.jAt lots were developed in the same manner, there would be four private streets exitiny onto Cerritos in a distancc of 912 fer_t and that would be extremely hazar.dous. He stated thc othcr. owners would be entitled to make the same request and if this is approved, they would have that r.ight to make thosc requests and he would ask that this requesL• would be denied. He pres~nted thcee lettets from homeowness in the area: Mr.s. Johnston, Mr.. and Mrs. Boswocth and Atsuko K. Fenncma. Mr. ~ushore stated Mr. Libby is zetainin9 one of the lots fur his son to construct a custom home and the remaining seven lots will bc developed with custom homes, He stated he secs this as a good land assembly with two lots beiny devcloped and stated it doesn't appear at the pcesent time that the remaining homeowners are anticipating the development of their propcrties, but did not think it is fair. to restrict the two owners who do want to develop their propetties and apparently, the gar.age will remain on the property which is a problem for the neighborhood. Commissioncr Hecbst stated he feels this will be overbuildiny the property, esQecially with thcee lots adjoining the one single-family lot and agceed with the opposition that this area has not changed and this would be a dcastic 6/23/86 NINUTES, ANAHEIM CITY PLANNING COMMISSIUN, JUNE 23, 1986 86-441 change and this property could be developed with four homes facing the othec direction with flag lots. He stated oncc the door is open tnat will lead to more requests for the same thing and he did not think this area is r~ady for this kind of change. Mr. Bushore stated this is better than what was previously proposed with ei9ht private streets into Cer.r.itos. Commissioner Hecbst asked if thc property owncrs might bc a9reeable with thc proposal fo_* four. lots with thc flag-lot situation. t9r. Bushore stated that would not be acceptable and asked Commission to go ahead and take action so that if the action is for denial, they can appeal to City Council because there is no other way, economically, to make this pcoject work. ACTIUN: Commissioncr Ho[bst offered a motion, seconded by Commissionrr eouas and MUTIVN Cr112RiEll (Commissioner Messe abscnt) that the Anaheim City Planning Commission has r.eviewed the proposal to establish an tl-lot RS-72U0 singlc-family residr_ntial subdivision with waivers of required lot frontage, minimum lot area, minimum lot width and frontage and pcrmitted otientation of structures on a rectangularly-shaped parcel of land consisting of approximately 1.5 acre, having a irontaye of approximately 228 feet on the north side of Cer.ritos Avenue and fur.ther described as 1643 ad 1651 W. Cerritos; and does hereby approve the Negative Declar.ation upon finding that it has considered thc Negativc Declar.ation together with any comments received duriny the public review process and furthr_r finding on the basis of the Initial Study and any comments receiv~d that there is no su~stantial evidence that the project will nave a siynificant effect on the envir.onment. Commissioner. Herbst offeced xesolution No. PC96-174 and moved for its passagc and adoption that thc Anaheim City Planning Commission does hereby deny Variance No. 3575 on the basis that there are no special circumstances applicable to the property such as si2e, shape, topography, location and surroundings which do not apply to other identicall;~ zoned proper.ty in the same vicinity; and that stricL• application of the Zaning Code does not deprive the property of privilcycs enjoyed by other properties in the identical zone and classification in the vicinity. On roll call, thc foregoing resolution was passed by the following vore: AYES: BUUAS, FRY, HERBST, LA CLAIRE, LAWICKI, MC BURNEY NUES: NONE ABSENT: MESSE Malcolm Slauyhtcr, Deputy City Attorney, presented thc written ~ight to appcal the Planning Commission's decision within 22 days to the City Council. ITEM NO. 14 EIR NSGATIV~ DECLAFtATION, WAIVER OF CODE REQUIREMENT AND CUNllITIUNAL USE PERMIT N0. 2811 PUBLIC HEAkING. OWNL•'R5: FERSZT INVESTMENT, INC., 116 S. Orange Drive, Los Angles, CA 90036. Property described as a cectangularly-shaped parcel of land consistiny of approximately 1.6 acres, 1720 West Orange Avenue tOrangeview Convalescent Hospital). 6/23/66 MINUTES ANAHEIM CITY PLANNING COMM7SSIUN JUNE 23 19~6 86-442 To permit the expansion of an existin9 convalescent hospital with waivezs of maximum structural height, minimum sttuctur.al setback and eequired sit~ scrcening. Thete were two pcrsons indicating their. p[esence in favor of subject requcst and no one indicating their presence in opposition to subject r.equest; and although the staff report was nut rcad, it is referr.ed to and made a par.t of thc minut~s. ~r. Clyde Vineyard, 6592 Pasco Diego, Anaheim, lessce and administrator of U:an9eview Convalescent Hospital, 172U W. Or.ange, exFlained this operation was star.ted in 196U with 36 beds, and two expansions for 10 beds and 23 beds havc previously been a~proved and now this request is for a 30-bed expansion, for a total of 99 beas. He stated thcy agrec to increase thc height of the fencc fcom five feet to six feet. He explained the dciveway is shared with commercial buildinys to the cast. THE PUBL',. -.ARING WAS CLOSEll. AC'tION: Comrnissioner Fry offered a motion, seconded by Commissioner Lawicki and MOTIUN CAR1tIEll (Commissioncr Messc absent) that thc Anahcim City Plannin9 Commission nas ceviewed the proposal r.o expand an existing convalcscent hospital with waivecs of maximum str.uctur.al ncight, minimum sc:uctur.al hcight and reyuir.ed sitc scr.ecniny on a rcctanyula~ly-shaped pa-ccl of land consisting of approximatcly 1.6 acres, having a frontayc of approximately 174 fcet on thc south sidc of Oranyc Avenur, and 'oeiny located appr.oximatcly 203 feet west of thc centerlinc of Suclid Street, and fu:thec described as ~720 Wnst Orangc Avenue (Orangevicw Convalescent Hospital); and docs hereby approvc the Ncgativc Ucclaration upon finding that it has consideced thc Negativc ileclar.ation togethcr with any comments r.eceived du:ing the public r.evicw process and fucthcr findin9 on the basis of thc Initial Study and any comments recoived that therc is no substantial evidence that the project will have a significant effect on the environment. Commissioncr Fry offered a motion, seconded by Commissioner McBUrncy and MOTION CAKRIED (Commissioncr t4essc absent) that the Anahcim City Planning Commission does hcr.eby 9rant waivcrs (a) and (b) on thc basis that therc are spacial circumstances applicable to the pcoperty such as size, shape, topography, location and surroundings which do noc apply to othcr identically zoned propcrty in the same vicinity; and that strict application of the Zoniny Code deptives the propcrty of privilcycs enjoyed by other propcrtics in the identical zone and classification in the vicinity; and denyin9 waivcr (c) on thc basis that the petitioncr stioulated at thc public heariny to provide a 6-foot high block wall in confor.mance with cqdc requirements. Commissionec Fty offcred Resolution No. PC 86-175 and moved for its passayc and adoption that thc Anaheim City Planniny Commission docs hcreby grant Conditional Usc Pcrmit I~o. 2811, in part, pursuant to Anahcim rlunicipal Code Sections 18.03.03U.03U through 16.U3 U30.035, subject to Interdepartmental Committce Recommendations. 6/23/86 MINUTES ANAHnIM CITY PLANNING COMMISSIGN JUNE 23 19db 86-443 Un roll call,~ thc foreyoing resolution was passed by the following votc: AYES: BOUASr FRY, HERBST, LA CLAIRE, LAWICKI, MC BURNEY NOES: NUNI: ABSENT: MES:iE Lconard McGhec, Associatc Planncr, pr.esented thc written r.iyht to appcal thc Planning Cortunission's deci.sion within 22 days to the City Council. ITEM t~0. 15 EIkt NEGATIVE DECLAKAT'IUIJ, WAIVER OF CODE RE~UIREMENT ANll CONllITIUNAL 'JSE PERMI'P NU. 2812 PUBLIC HEARING. OWNEKS: RICHAHD L. MUCKENTHALER, L. A. MUCKENTHALER TRUST, 1318 W. Katella, Anahcim, CA 928U2. AGENT: HAE J. LEE AND YOUNG LEE, 23312 Ravenna Avenue, Car.son, CA 90745. Propcrty descr.ibed as an irregulazly-shaped parcel of land consistiny of approximately 0.41 acrc located at the northwest ccrner of Loara Strcet and Crescent Avenuc and fur.ther described as 1601 West Cresc~nt Avenuc. To pcrmit a transmission r.cYair. facility with waivice of minimum landscaped setback arca. Tnere was one person indicating her presence in opposition to subject r.equcst and eiyht pcrsons indicatiny their presence in favor of subject request; and althouyh thc staff cepotc was not rcad, it is rcEerred to and madc a part of the minutes. Marilyn t3olccr, Fullcrton, onc of th^_ propcrty owncrs, stated this propcrty was originally devclopcd as a scrvicc station and was then lcased as a rental shop, and thcy are now tryiny to lcasc the propcrty as a transmission shop; that other var.iances have bcen granted on the propcrty for similar ~rt from businesses. 5he stated there should be no adverse effect on thc prop_. y thc opcration of tY,c transmission shop and thcre will not bc any change in the building and thcrc will bc thrcr_ employces from 8 to 5:30 p.m., 6 days a wcek, closed on Sunday and no stocaye or wor.k will be donc outsidc thc building. SL-evc Naval, Managet, Anahcim Plaza Mall, 500 N. Guclid, Anaheim, stated thcy want to go on record in opposition of this type of usc; that Anahcim Pla2a is composed of a joint ventute a9rcement betwcen the California State T~ach~~cs Reticc;nent Association and Price Devclopment Company and thcy purchased the centcr about 1-1/'L year.s ago with major plans fos renovation and expansion to up9rade thc area and feel that thcy can make a remackablc statement to the City of Anaheim, esp~cially in that arca, and would be in opposition to this reyuest and don't feel this use would bc conducive to thc retail patrons they arc trying to attract. Ms. Bolccr stated thcrc is an automotivc shop at thc Anahcim Plaza where they do repair work and since the property was devcloped as a secvice station, she did not think this would be any different than having thc rental opcratien and probably would havc fewec cars. THE PUBLIC H~AF2ING WAS CLUSEll. 6/23/86 MINUTES ANAHEIM CITY PLANNING COMMISSION JUNE 23 1986 $6-444 Commissioncr Fry stated he thought thcrc is a automotivc repair facility at thc shoppin9 centcr, but thcre is no similarity betwcen that property and this property, and stated this placc has becn a complete failurc for everything that has bcen thcrc and hc did not think this usc would hclp the arca at all and he thought thc building should ba demolished. Commissioncr Bouas stated this is proeably a temporacy usc for this propcrty until the shopping centcr makes it renovations, and thcy want to usc thc propcrty now and sugycsted a timc limit. Ms. Bolcer responded to Commissioner McBurncy that the property will be lcased to thc transmission shop aftec this approval is obtained. Shc added thcy intend to do somethiny with this propcrty but wculd like to be ablc to usc it now ar.~ thcy realize thc mall will bc improved. Shc statcd thcy plan to havc a 5-ycar leasc. Commissioner McBUrncy stated hc thouyht this petitioncr. should be given an opport~nity to do somethiny with thc propecty. Commissioncr- Hcrbst stated some transmission shops have clcan operations and othcrs azc extremcly dirty, and if a t:az~smission shop is allowcd, hc would not want to sr_c any cacs stored outdoors, and no vehicles lett outdoors ovcrniyht, etc. Hc stated this propcrty was not success£ul as a scrvicc station aad in 1965 hc opposcd thc scrvicc station. He stated thcy arc tryiny to rcbuild thc ar.ca to makc it a nicr_r shoppiny axca for thc City. Hc statcd hc did not think this is a good location foc a tr.ansmission shop and did not think thc building is adequatc, especially with the stipulations hc would want placcd on the approval, such as all work is to bc donc insidc and all storagc to bc inside with nothing left outdoors ovcrnight. Ms. ~olccr stated hcr fathcr kept that cornec because hc knew it had potential for. somethiny nicc and shc tcalizes thc plaza is bcing redonc and thcy would like to improvc this ptopcrty in thc futur.c. Chairwoman La Clairc ~tated shc would bc willing to go along with it for. a limited amount of timc, possidly 2 or 3:ca"s~ but less than 5, and stated it might takc ~ couple of ycars for the Anaheim Plaza to bc renovated. Ms. Bolcer statcd fcom thc newspapct, shc understood it is supposed to takc them four or five ycazs. t9r. Naval responded to Chai[woman La Clairc that thc completion of the revitalization and redevelopmenc of thc shopping centcr is something that could yo on fo~ever becausc thcre is a lot of potential thcre. Hc stated thcy arc undcrway on thc pzo7ect right now and thcrc atc ccrtain majo~ dcals bcing worked on which will have a major impact on that arca. He stated it is very difficult to put a timc limit, but thcy should scar.t within onc ycar and it will probably takc fivc ycars to rcally blossom, but felt a transmission shop would not bc adequate for that arca, reyacdless if thc mall is renovated. t95. Bulcer stated thc rental shop was therc for about 10 years and thc opcr.ator dia not kcep up thc premises and shc thought that was thc problem. She stated thc agent for thc ttansmission shop is present to answcr any y~estions. 6/23/86 MINUTES, ANAHF?M CITY PLANNING COMMISSION, JUNE 23, 1986 86-445 Commissioncr ~ouas stated if thc tenants do not kcep thc propcrty up, then it is thc responsidility of tnc propcrty owncr. 5hc aadcd thc propcrty is in an arca that is a gateway to thc shopping centcr and should bc well kept. Commissioncr Fry stated hc has :~cen notniny in thc past to indicatc that it is goin9 to be kept up in the futur.e. Commissioner McBUr.ncy suggested a condition be added r.cyuir.iny maintenance of thc pro~cr.ty. Commissioner Fry stated hc would yo alony with thc usc for a two-ycar period. Lconard Mc Ghcc suggested a condition requir.iny submittal and approval of a landscape maintenancc and ir.rigation plan becausc thcr.c arc existing plantcr.s with no plants in them. Commiss.,'_oncr Lawicki reminded tnc Commission that a stipulation should bc added to the resolution that all wor.k and storayc will be donc insidc thc facility and no vehicles ar.e to be parked outside overniyht. Leonard t4c ~hec pointed out 'there is a condition included r.equiriny that ther.e bc no outdoor wor.k on or ~to*ay^ uf vchicles or vchiclc parts. ACTION: Commissioner. Mct~ur.ncy offer.ed a motion, seconded 'oy Commissioncr Bouas and t9U'1IUN CAItNZEU (Commissioncr. Messe absent) that the Anahcim City Ylanniny Commission has rcvicwed thc pr.oposal to permLt a tr.an5mission repair facility with waive[ of minimum landscaped set~ar.;; ~r.ca on an irrcyularly-shaped parccl of land consisting of approximatcly U.41 aczes, located at nc~ nocthwest corner of Lca~a Stceet and Cresccnt Avenuc, and furthcr. descr.ibed as 1601 WeGt Crescent Avcnuc; and docs her.eby approvc thc Neyative Declar.ation upon finding that it has considered the Negative lleclazation toyethcr. with any comments r.cr_cived duriny thc public revicw process and fu:ther finding on the basis of the Initial Study and any comments reccivca that thcrc is no substantial evidence that thc project will havc a siynificant effect on the environment. Commissioncr. t4c Bur.ncy offcred a motion, seconded by Commissioncr Bouas and MUTIUN ChitRIEll (Commissioncr. Messc absent) that the Anahcim City Planning Commission does hcreby yrant waiver of code rcyuirement on the basis that thete ar.e special cir.cumstances applicable to the propecty such as sizc, shapc, topogr.aphy, location and surr.oundings which do not a~ply to othcr identically zoned p:operty in the same vicinity; and that strict application of thc `LOniny Codc depr.ives thc propcr.ty of privileges enjoycd by othcr propcrtics in thc identical zonc and classification in thc vicinity. Commissioncr. Mct3ur.ncy offered Resolution No. PC86-176 and moved £or its passagc and adoption that thc Anahcim City Planning Commission docs hcr.eby yr.ant Conditional Usc Pcr.mit No. 2Fi12, putsuant to Anahcitn Municipal Codc Scctions 1~3.03.03U.U3U thr.ough 18.03U.U30.035, for a pcriod of two ycazs and subject to thc stipulations that all work and stor.agc will bc donc insidc thc facility and that a landscaping, and maintenancc and ir.tigation plan shall bc submitted to and approved by thc Ylanning Department and subject to Intcrdepartmental Committcc Recommendations. it was clarificd co the petitioner that the landscape plan has to be submitted to thc Planniny llepartment riyht way, and that the pcrmit will expirc in two ycars and if evcrythin9 has bcen complicd with, and if thc propcrty and the landscaping look good and thc usr_ is not a detrimen~ to thc area, the Commission will probably look favorably at it, but do want to revicw it in two ycar.s. 6/23/86 MINUTES ANAHEIM CITY PLANNING COMMISSIUN JUNE 23 1985 ~6-446 On roll call, the foregoing resolution was passed by thc following votc: AYE5: BOUA5, FRY, HERBST, LA CLAIRE~ LAWICKI, MC BURNEY NOES: NUN~ A~SENT: MESSE Malcolm Slauyhtec, Ucputy City Attorncy, presented the writtcn right to appcal thc Planning Commission's decision within 22 days to thc City Council. ITEM N~. 16 EIH NE~ATIVE DECLARATION WAIVBR OF CODE RE~UIREMENT AND CONDITIONAL USE PERMIT N0. 2813 PUBLZC HEA1tING. OWIdERS: STAllIUM ENTERPRI5ES, FREU M. SELIGMAN, 2821 White Stai, Suitc ~, Anahcim, CA 92~06. A~ENTS: PAUL WILLIAMSON, 1855 W. Katclla, Suitc 130, Orangc, CA 92667 and RAFAEL MADRA'LU, 31~0 E. Orang^thorpc, Apt. D, Anaheim, CA 928U7. Property described as an irrcaularly-shaped parcel of land consistiny of approximatcly 2.4 acr.es, 1015 East Kat^lla Avcnuc, ~F. To per.mit automobile detailing in an existing industr.ial building (Unit F) in thc ML 'LOnc with waivcr. of minimum numbcr of par.kiny spaces. The:e was no one indicatiny theiz presence in opposition to subject r.equest a~id alti~ough the staff report wae not r.cad, it is tefcrr.ed to and madc a par.t of thc minutes. Paul Williamson, agent, explained this site was selected because it is not dircctly facing Katclla and is at thc rear of thc in~ustrial par.k; that thc buildin9 will not be expanded and they do not uish to attract customers from thc strcet. 14r. Williamson statcd thc staff r.epo~t in Paragraph No. 16 indicates that a conditional usc petmit was iss~ed Eor retail uses and has expired, and accordiny to thc property ownet, that tenant is moving out of the park, and thc automobile detailing will not Dc doing any painting or mcchanical wor.k on thc vchiclcs, and no vchicles azc stored outsidc and thcrc is no ovcrnight storayc. THE PUBLIC HEARING WAS CLOSEll. Respondiny to Chairwoman La Claire, Mr. Williamson stated thcrc will bc four. cmployces and thcrc is 1,700 squarc fect in this unit, and thcy will b~ doing work on threc vchicles at onc timc, and it takes about 6 hou~s to detail onc vchiclc, includin9 thc enyinc, intcrioz and exterior, and explained thc enginc is simply clcaned. Chairwoman La Clairc asked about the solvents. Mr. Williamson responded they havc a completcly contained trou9h, and they havc thcir own stcam clcanin9 equipment and all waste will be cetained in the trou:_!_ and then recycled. Rafacl Madrazo, applicant, stated they havc to call the City to have the chemicals picked up, and it was clarified that the applicant ptobably doesn't call the City. Commissioncr Hcrbst explain that if thc waste is classificd as 'hazatdous•, the Enviconmental Protection Agency has requirements that must bc 6/23/86 MINUTES, ANAHEZM CITY PLANNING COMMISSION, JUNE 23, 1986 86-447 met pcrtaining to storagc, disposal, etc., and a licensed disposal company has to removc it. Chairwoman La Clai-c explained hcr. conccrn is with individ~als dumping thcir. wastc into thc sewec system. Commissioncr Bouas asked what City depar.tment checks thesc uses for compliancc. Lconard McGhcc, Associatc Planncr, statr_d hc was not succ thcrc is any nced for inspections and was not surc thc types of solvents used in this business arc known. Co~nissioncr Bouas stated thcrc arc othcr car. detailing opcrations in thc City and was surc thcy ar.c not dumping into thc drainayc systen. Chair.woman La Clair.c statr_d shc thought they could bc and that thc City should bc revicwing that to sec that pcoplc arc doiny with thesc solvents, becausc wc arc dcpending on the Statr_ or somebody clsc to takc car.c of it. Commissioncr Hc:b.t stated thc County and Statr arc looking into this situation and tnat hc has had thr.cc pcoplc into his placc of business dur.ing thc last six months. Hc added if the business is not abidin9 by thc EPA rulinys, thcy takc carc of thc problcm. Commissioner [9c~urney sugyested a condition cequir.ing compliance with any applicablc Statc or County agenrics pcrtaining to wastc disposal and stor.agc. Chairwoman La Claire stated if thc conditions of thc pcrmit a_-o not complicd with, it can br_ r.evicwed and r.evoked. ACTIUN: Commissioncr Fry offcred a motion, seconded by Commissioner Bouas and MOTIUN CAI2RIED (Commissioncr. MeGSC absent) that the Anahcim City Planning Commission has revicwe~ thc pr.oposal to pcrmit automobilc detailing in an existiny industrial buildi[~g (Unit F) in thc ML (Industrial, Limited) 'LOnc with waivcr of minimum numbr_r of parking spaces on an icregular.ly-shaped parccl of land consistiny of approximatcly 2.4 acres, having a frontagc of aYpror.imatcly 60 fect on thc north sidc of Katclla Avenuc, appr.oximatcly 660 feet east of the centecline of Lewis Street, and further described as 1015 East Katclla Avenuc; and docs hcrc~y approvc thc Negativc Declaration upon finding that it has considered the Negative Declaration together with any comments received dur.in9 the public revicw process and furthcr finding on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. Commissioncr Fry offcred a motion, secondr_d by Commissioncr. Bouas and MOTION CA1txiEll (Commissioncr Messc absent) that thc Anahcim City Planning Commission docs hcreby grant waivet of Codc requirement on thc basis that thc parking variance will not cause an increasc in traffic con9estion in the immediatc vicinity nor adverscly affect any adjoining land uses; and that the granting of thc par.king variancc undcr thc conditions imposed, if any, will not bc detr.imental to thc peacc, hcalth, safety or 9encral wclfarc of thc citizens of thc City of Anahcin. Commissi.oner Fry offcred Resolution No. PC86-177 and moved for its passagc and adoYtion that the Anahcim City Planning Commission docs hcreby gr.ant Conditional Use Permit No. 2814, pursuant to Anaheim Municipal Code Sections 6/23/86 a6-aaa MINUTL'S ANAHEIM CITY PLANNING COMMISSIUN JUNE 23 1966 18.03.03U.030 through 1E.03.030.035, and subject to Inte[departmental Committec Recommendations, including an additional condition that all applicable state, federal and county regulations will be complied with pettaining to wastc disposal and storagc. Or. roll call, the foregoiny resolution was passed by thc followiny votc: AYE5: ~UUAS, FRY~ HERBST~ LA CLAIRE, LAWICKI, MC BURNEY, MESSE NOES: NUNE AdSEI1T: NONY~ Malcolm Slaughter, lleputy City Attozncy, p~~srnted thc written riyht to appcal thc Plannin9 Commission's decision within 22 days to thc City Council. ITEM~1~ EIR NEGATIVE llECLARATIUN WAIVER OF CODE P.EQUIREMENT AND CUNllI'PIUNAL U5B PERMIT N0. 28:'1 PUBLIC HSARING. OWNERS: ll AND D DEVELOPMENT e~`' a~scriocdpaslal Hiyhway, Brca, ~;A 92621, ATTN: CA[~SILLE COURTNEY. Prop Y rectaiigular.ly-snaped patcel of land consistiny of approximately 1.43 acres, '104U South Harbo: Boulevard (xafflc's Inn). To pcrmit on-salc alcoholic bevcr.ages in an exiscing hotcl clubhouse with waivcr of minimum numbcr. of pa:ki.ng spaces. Th^_re was no one indicating thcir presence in opposition to subject requcst and although the staff report was not rcad, it is refcrred to and madc a part of tne minutcs. Camillc Cour.tncy, agent, cxplaincd Conditi.on No. 2 states the sale of alcoholic beverages shall be restzicted to complimentary service to gucsts of thc motcl/hotcl only, and thcy would likc thac modify bcr.ausc thcir petmit from the Alcohol Bevcrage Control Board states that legally they cannot tefusc to scrvc a membet of thc public who walks in off thc stcect. She suygestcd the condition be modificd to cead 'that the pcovision of alcoholic beverages is intended to be a complimentacy secvice...' Ms. Courtncy stated they havc no intention of advectising but becausc this is such a new ser.vice, thc ABC does not rcally have any permits with specific wocding to this effect. THE YUBLSC HE:~RING WAS CLOSEll. ACTIOI~: Commissioner 5ty offcred a motion, seconded by Commissioncr Bouas and MUTIUN CA.~tRIEU (Commissioner Messe absentermi~t nhsaleaalcoholic bevcrages Commission has reviewed thc proposal to p (complimentazy-'HaPPY Hour" for guests only) in an existin9 motcl clubhousc with waiver of minimum number of parkin9 spaces on a r.ectangularly-shaped pacccl of land consistin9 of approximatcly 1.43 acres, having a roximatc1yf410 appr.oximatcly 250 fect on the east side of Harbo~ Boulevard, app feet north of the centerline of Orangewood Avenue, and £urther desctibed as 2U40 South Harbot Boulevar.d (Rafflc's Inn); and docs hereby approvc thc Negati~. lleclaration upon finding that it has consideced the Negativc lleclaration together wir.h any comments rec~ived ducing the public revicomments ptocess and further finding on the basis of the Initial Study and any 6/23/86 MINUTE5~ ANAHEIM CITY PLANNING COMMISSION~ JUNE 23, 1986 86-449 reccived that there is no substantial evidence that the project will have a significant effect on thc environment. Commissioner Fry offcred a motion, seconded by Commissionet Bouas and MOTION CARRIEll (COmmissioner Messc absent) that the Anaheim City Planning Commission does hereby grant waivcr of Codc requirement on thc basis that thc parking var.iance will not cause an increase ~: traffic congestion in the immediate vicinity not adversely affect any adjoining land uses; and that the granting of the patking variancc undcr thc conditions imposed, if any, will not b~ detrimental to thc pcace, healih, cafety or general welvar.e of the citizens of thc City oY Anahcim. Commissioner Fry offcred Resolution No. PC86-178 and moved for. its passage and adoption that znc Anahcim City Planniny Commission oocs hcreb} grant Conditional Usc Pcr.mit No. 2814, pur.suant tu Anahcim Municipal Codc Sections 18.03.03U.03U ihrough 1b.U3.03U.035, and subject to Intcrdepartmental Committcc xecommendations, including a modification t~ Condition No. 2 that tne provision of alcoholic bevera9es is intended to bc restricted as a complimentary scrvicc to gucsts. On roll call, thc foregoing ~esolution was passed by thc following vot^: lYES: BOUAS~ FHY~ HER3ST~ LA CLAIHE, LAWICKI~ MC BURNEY NOES: NUNE ABSENT: [dESSE Ptalcolm Slauyhtcr, lleputy City Attor.ncy, presented the written r.ight to appeal thc Planniny Commission's decision within 22 days co thc City Council. ITEM NO. 16 EIR NEGATIVE llECLARATI0t4, WAIVER OF COUE REUUIREMENT AND CUNllI'PIONAL US~ PERMIT NO. 2817 PUBGIC HEAHING. UWNERS: DENNIS ANll EDI'PH BEP.GER, 113U W. Lincoln Avenuc, Anahcim, CA 9280ti. AGENTS: LABOWE A[Jll V~NTRESS, 1229 W. First STrcet, Los Angcles, CA 90026. Propcrty described as two irregularly-shaped pazccls of land consisting of approximatcly 0.32 acr.c, 112U W. Lincoln and 1203 West Centcr Strcet. To permit an outdoor sto_*age ya:d with waivcr of minimum numbcr and arca of parkiny s~aces. Thcre wcre seven per.sons indicati.ng thcir presencc in opposition to subject requcst and although thc staff r.eport was not rcad, it is referred to and made a part of thc minutes. Richazd La~owe, aycnt, statea the staff report indicatLS thc address of the propcrty is .1120 West Lincoln, but that it is 1i.~0 West Lincoln. ric stated tnc application was for an expansion into subic:t pcopc~ty of a pre-existing authorized use at 1120 W. Lincoln. Hc stated tt~erc is presently outdoor storage on the property at 1120 west Lincoln, which has becn existing for about 60 ycars and the present ownet has owned it for about 2U ycars. 6/23/86 MINUTES ANAHEIM CITY PLANNING COMMISSZON JUNE 23 1986 86-450 t4r. La Bowe stated when the petitioner purchased subject propecty, there was an old r.esidence which was torn down, and a 5' concrete su~face was laid and it is all open spacc, and also a fencc has becn placed on the propetty. Hc stated becausc of pcnding City action against thc applicant, this application fot a CUP was patt of a civil cocnpromisc. Hc stated thcy bclicve thcrc is no adverse effect on thc adjoining proper.ty since outdoor storage was a prc-existiny use on adjoining propcrty; and that Lhcrc would bc no impacc on traffic because the pre-existing use at 1120 West Lincoln alceady has a specific number of dclivc.-~rs and this propecty will not bc used foz additional dclivcrics and is going to bc used strictly as open stor.agc. Mr. L~ ~owc stated or.iginally thc lot was intended to bc completcly for open storagc; howevcr, they wcrc infor.med that thc zoning requir.es 2/3 of thc propcrty to bc for parkiny, tcyar.dlc~s of thc usc, and aftcr numerous mcetings with City planniny staff, a compromisc was r.cach^_d whc~eby a ccrtain portion of thc pr.opcrty would uc used for packiny, but in rcality, it wi11 p~obably nrvcr bc used for parking becausr_ there is no need for additional par.king. Hc stated thc applicant is williny to comply with thc conditions, including an ir.cevocable dedication r.equited by the City for 60 feet fcom the center.line. Hc stated Condition No. 3 rcyuires a bond to yuarantee tne r.emoval of rx~sting strcet improvements, etc., and asked if that is in conjunction with Condition No. 2 tequir.ing the irrevacablc offer of dadication, or with r.egard to ~emoving thc cxistin9 dr.iveway on Lincoln. Jay Titus, Officc Enginccr, stated that i~ a relativcly new revision which allows thc Cicy Enyincer. the option, at his discretion, of cithec r.equiring the curb and auttet, sidewalks, etc. to bc relocated co thcir ultimatc location at this timc or., if that is not fcasiblc, to pay thc cost of rclocation of thoGC improvements. Hc stated hc was not awarc of any plans fcr strcet wideniny at this timc; thcr.efor.c, it would 'oc thc logical thing to ta.kc the cash cequi:ed to rclocate thc improvements. Malcolm 5lauyhtcr, Ucputy City Attozncy, staced thc bond requir.ement is directed to the ultimate cemoval of all che existing improvements (curbs, guttcrs, sidewalks) to be moved dack to thc 60-foot ultimatc riyht-of-way; a~id that in discussions, hc thought it was thc intention that tnc present drivc~ay on Lincoln Avenue be ranoved and replaced and that the condition did not includc thc timc limit for that which was probably an omission and that should probably bc addressed. Lconard McGhcc, Associatc Planncr, stated r.evised plans havc oc^n submiztad showiny that thc driveway has bcen removed which is covered in Condition No. 7. Mr. La Bowe asked the cost involved for the app:opriatc traffic signal assessment fces, an~ pointed ou*_ the applicant is willing to dedicate over. 2,ODU sy. ft. which is more than 1/6 oi the entire par.ccl, if the strcet is widcned in Chc futurc. Jim Atrcy, 1122 West Center Strcet directly 4chind Ace Fixtures, stated hc is ~epresenting his landlord, C. L. Petcrson, who is present; that thc propcrty was purchased nine ycars ago and Ace Fixtures was a small restaurant supply shop; and that all thc houses in the rcar wcre built betwcen 1911 and 1922, and ovcr thc ycar.s the Acc Fixture business has grown and has gotten very big; 6/23/86 MINUTES ANAHEIM CZTY PLANNING COMMISSION, JUNE 23, 1966 86-451 that the building is full, thc stozaye lots are full, and noted this can be classified as a storage yard, but it is a"junk yazd". Hc presented photogsaphs showing the storagc. He explained the items are moved by an elevator which has been inspected by officials b~.~ause pcople have gotten hurt, but the applicant continues to use it; thaL all the weight is upstairs and if thc building buzns, it will all fall and will destroy adjacent propcrti~s. He stated the apYlicant parks two trucks and a r.ental truck on the sttcet and his employecs and ~ustomers pa:k on the strcet; that the staff repor.t says thecc arc ninc employces, but hc counts fourtcen and thcy park on the residential strcet; that thcy havc no dr.iveways on this strcet and can't park on thc street becausc thc applicant's employces use all the parking spaces availablc. He staCed thc buildings and yards are so full the applicant has to pull thc freight out on thc strcet to 9ct to the othcr stuff in his yar.d; that there are trucks double-parked and sometimes triple-par.ked; and that he blocks thc sidewalk and basically has no respect for thc laws. Hc stated thcy havc been complaininy for fivc ycars and havc wozked with four 'LOning Inspectors. Hc pointed out thc tcash can is out on thc strcet all thc timc and thcy have complained, but it docsn't do any good; that therc is a sign on the front of the building which indicates ther.c is amplc parking in thc rcar., but thcrc is no parking in thc ccar. Hc staced thcre is a liquor storc next to subject ptoperry which the applicant owns, and there is traffic from that use. He statcd thcre arc two thrcc-way intcrsections and thcrc ar.c a lot of pcople who usc Center Str.cet tryiny to miss thc 5-point intcrsection and thcre is a tremendous amount of traffic. Hc stated thcre is no parking, and this use is an eyc sorc for everyone. Sharon Becker, 1129 W. Center Street, stated her proper.ty is centrally located in the middlc of this use; that she pucchased her. home seven years ago because shc saw Anahcim as a City with a vision and a futur.c and also becausc it had a respect :or its traditions and presetvr_d its landmarks; that their homes werc built between 1911 and 1922; and hec housc has becn moved into thc restoration area of Anaheim. Shc stated shc has been trying for sevcral ycar.s to restorc hcr homc, but has lost all motivation becausc of this unsightly usc; and that she secs thc junk when shc looks out any window ot ncr house. She added shc has undcr9onc a lot of harassment; that the applicant bought the propetty to thc north and to the west of hcr property and demolished both houses; and also thc applicant removed her chain link fencc; that shc has since had a wooden fence installed across the back, but the applicant said he had the property surveyed and the chain link fence was within his property lines and hc had it removed and she was not reimbursed. She stated thc removal of tnat fence left hcr vcry vulncrable and anyone could 7ust stcY ovcr into her property, committing burglary, propecty damage, etc., and that thc petitioner's laborers cut down hcr tcees and trimmed hcr sh:ubbcry and would not havc bcen ablc to do that if thc Ecncc had been there. Shc stated also a wooden canopy was removed from thc garage and now all his equipment is stozed against her yarage, and she fclt that c:eates a fire hazar.d and if anything bu~ns, her propcrty would be wiped out. She stated since the chain link fence was removed, the people workin9 for the applicant used her water since they had easy access to her propecty and free access to her water supply. 6/23/86 86-452 MINUTES ANAHEIM CITY PLANNING COMMISSION JUNE 23 1986 Ms. Becker staced on several occasions she has not been able to get in or out of her dziveway because they have blocked it with ~oai~~L~ha~dresolved;sthat vehicles and she 9ets no coopecation from anybody 9~ tr.ailers are left on the street beyond thc 72-houc limit and she has filed ceports with the Police. She stated the neighbocs like their community and enjoy their oldcr homes, but are getting tired of this use and the harassment, the mental duress and the emotional upset caused by looking out their windows and being surrounded by a'junk yard'. She stated she feels chis applicant has anrontinuesdtorshowdthat timerandttime the citizens liviny in this community and again; that shc feels he is deter.mined to under.minc their property values; that het proper.Ly is foc sale and she really doesn't want to sell it, and doesn't know what retaliatory meaGUres mighGneclivesninGaL£ear.fulGStatelof keep building in the nei9hbo~hood and thac mind and has moved all her. valuable possessions out of her home. Eric Boege, 1'lU7 W. Center., Anaheim, stated his house is just west of the Gtora9e ya.*.d; that he feels th~ ownez mistepresented himsclf when h` use being changing the pcopeccY; that he could not remember an oucdoor stoca9~ appr.oved and it is indeed f.ully in use with for.k lifCs going in and out. He stat~~d he asked what was proposed for th~ Property whil.c th~ work was 5eing done and was told that anything would be b~tter than what wa~ therc, but pceviously there was only a single-family cesidence and now tWhichlwasufdno~ st~rage; that the applicant also put up a 6-foot block wall, th~ side of his but then he put "l feet of barbed wire on top of che wall along residence; and that from his bedroom on the second stor.y, he has nothing but th~ view of the whole junk yard. He stated hiG family has lived in the area for ovcr lnn ;~~ars and the house was bui.lt by his grandfather and he understands the ar.ea is being converted to commer.cial uses and iG zoncd for commercial useG and i.G right off Lincoln Avenue, but he did not think this is To~o edha legitimateotheater.nonhthat lot neighbochood; that two years ago he p P and was planniny to leave the front house for ofcices which wouid have made the residential ar.ea nicer, but there wete problems because there wasn't enouyh parking. He explaiaed Commission was concerned about ttaffic in the area and felt that people still living the neighborhood had rights and needed some peace of mind and he would ask the Commission to continue that thought with this request. Chair.woman La Claire asked the present use of the property and whaten~e is legally apptoved for this property. Leonatd McGhee stated the proP Y zoned for genetal commercial uses. Annika Santalahti, AssiGtant Director for 'Loning, stated the property can be developed with a permitLed retail or office use; however, che site developmenc standards permit only 1/3 of the propecty to be covered by building, and the remainder has to be open and available for parking and/or landscaping in some combination. Mr. La Bo~ae stated the property which tha opposition has commented on is the pre-er.ist.ing u~e at 1120 W. Lin^oln and backG up to Center ~tteet and has a pre-exis+.in9 use for outdoor storage; that none of theit comments, except for the last gentleman, addr.eGSed anything to do with the proQerty before the 6/23/86 86-453 MILJUTES ANAHEIM CITY PLANNING COMMISSION. JUNE 23 1986 Commission today, Assessor's Parcel Nos. 36-041-12 and 36-041-19. Hc clarified their comments pcrtained to trucks, parking, etc. and dealt with the existing use at 1120 W. Lincoln, and that is not the subject of this peti~ion. Commissioner Herbst sta~~~ he thinks thc existing usc is the subject. Commissioncr Fry clarificd tiie applicant owns both propertics, and stated he could assure the applicant that both properties would bc taken into ecnsidezation. Mr. La Bowe stated the existing use is nnt expa^nistoratc ands proacrty. He stated this property will be used strictly for op- 9 thece will not be trucks driviny in and out of this propcrty; that the last gentleman spoke of seeing junk, but thcre is a solid block wall and the only way to see the storage would bc to go over thc fencc. Commissione~ Bouas sta*_ed that neighbor lives in a two-story house. Mr. La Bowe stated the nciyhbors who made the other comments about harassment, have filed complaints against Ace Fixtures Company and noted he has car.ds from thc Fire ins~ector and Anaheim Folice Officers and tnat numerous times they have been out to inspect thc site and thcre has not bcen one cication. He scaze~ the reason for this near.in9 is that Planning and 'LOning said the open storagc was not pcrmitted in thc CG 'GOne. Chairwoman La Claire stated thc applicant is saying that they would like to get thc outdoor storage apptoved, and that thcy havc been a good neiyhbor and that the allegations rcally arc not truc, and Mr. La eowe agrecd that is their opinion. Chaizwoman La Claire stated cvcryone secros to bc yctting upset and asked thc applicant if she could closr_ the public hear.in9. Mt. La ~owe asked if he could reserve thc righ~ to maise further comments. Chairwoman La Claire stated thc Commission would ask qucstions, and hc would be allowed to answcr them. THE PUBLIC HEARING WAS CLOSED. Commissioncr Hcrbst stated hc thought this was probably chc most flagrant violation of peopl^'s c~yhts that hc has scen in the City of Anaheim in thc 20 ycazs hc has becn on the Commission; that from lookiny at the pictures, and hc has bcen by the propcrty, hc would agree that wha~ chc neiyhbors are saying is ttue. He stated maybc Mr.. La Bowe hasn't scen it, beca~sc hc did not think he would bc sayiny these things if hc had secn *_he pzopcrty, but that thc applicant is violating the City ordinances by unloading in the st[eet, working in the strcet, parking the cars on the sidewalk, etc., and even with the pcesent business, he is stacking thc yar.d full of matcrial and noted stacking matetial above the hciyhc of the fence is not even allowed in thc industrial zone, and this propctty is in a residential area. He added as faz as hc is concerned, if the applicant cannot do business thece within the City ordinances, hc should movc to thr_ industrial zonc to do his business in a p[opc[ mannet without inflicting his business on thc ncighbors; that the neighbors own their. homes and havc tights and thc applicant also has his rights, as long as he docsn't inflict thosc riyhts onto thc ncighbors. Commissionec Hcrbst stated from what hc secs, hc thought the business is in the wzong locacion. He stated also Lincoln Avenue is one of cnc main streets in thc City and having an outdoor stotage yard in that locaticn is 'sttictly taboo' as far as he is concerned. 6/23/86 t4INUTES ANAHEIM CITY PLANNING COPIMISSION~ JUNE 23 1986 86-454 M:. La ~owe stat~d lookiny at legal doctrines and what the Commission contends that he is interpreting as a nuisance, this business has been ther.e in its present form for over 50 years and thc present owners have bcen there for 20 years operating as the Ace Fixtures Company and the people who spoke in opposition stated they inoved there 7 to 9 years ago, so they moved there with expressed knowledge of this business being there. Commissioner Herbs~ stated that docsn't give the petitioner the right to violate City ordinances. He stated unloading in the stteet is one violation. Mr. La ~owe stated he has not seen a citation for loading or unloading in the street. Commissione.*. Herbst asked if he thought it was right to park on the sidewalk. M_*. La Bowe stated evcry person is entitled to their opinion as to whether it is riyht or now. He stated if thesc pictures are taken showing cars that may be parked on the sidewalk, it should be referenced as to when they wcrc taken. Commissioner Fry asked what diffcrence it makes when the pictures were taken. He stated thc petitionec is in violation of a storagc yard in that location and hc is rcady to move on this request and is going to givc thc petitioner 90 days to eliminate the illeyal usc of the storayc yard. Malcolm Slau9hter, lleputy City Attorncy, stated hc has been attempting to detcr.mine from thc Code, based on the petition, whethcr or not a conditional usc permit is an appropriate mechanism by which outdoor storage can be pcrmitted in this zone; that the staff rcport cites a gencral code section, 18.03.U3U.UlU, which provides that wherc a use is nowhcrc identified in the Zoning Code, a conditional use permit is an appropriate mechanism, and that tne Zonin9 Codc pcrmits outdoor stocage ya*ds of this typc in other zones and thouyht the ques'tion is whether we have an appropr.iate vchiclc by which this could bc gtanted. Hc stated the first findiny thc Commiss~on must makc in grantin9 a conditional use permit is that the use is one for which a conditional use permit is authorized; that hc has not gone thr.ough the whole Code, but thought there is a legal problem as to whether this is even a propcr vehicle by which this usc could be permitted in thc CG Zone. He clarified hc is simply lookin9 at thc application presented by the petitioner as to the Code Sections under which they are proceediny and did not iind an outdoor storage facility bcin9 permitted by the sections mentioned. t~r. La Bowe stated beforc thosc provisions werc filled in, he specifically spoke with thc Planning llepartment, and would admit that hc is not vcrsed in the City of Anahcim Municipal Code, and inquired as to which provisions to use in Paragraph 5 and that information was provided to him. Chairwoman La Clair.e stated that is not thc question; that she undcrstands what he is sayiny and his points are well taken, and referced to Page 18-c which indicates the findings the Planning Commission must make before it grants any conditional use permit as; 1:) that the proposed usc is properly one for which a conditional use permit is authorized, and that is what the attorney just mentioned tnat might be a question; however, throwing that aside, 2) that the proposed use will not adverscly affect the adjoining land uses and the growth and devclopment of thc area in which it is proposed to be located; and added that is where she would have difficulzy because it is adversely affectin9 the area and they have ~iot had a pcior conditional use 6/23/86 MINUTES, ANAHEIM CITY PLANNING COMMISSION JUNE 23 1986 86-455 pcrmit for ~utdoor storage and it is obvious the use is affecting the area, and that is the basis on which she would vote for denial. Mr. La Bowe stated then it becomes a question of economics and that is one of the conditions set forth in the waiver requirement; that this is CG Zoning, mixed commercial and residential, pre-existing of both, and this parcel was a dilapidated building with an old ship on Lincoln Avenue and that no longer exists. Commissionet Bouas stated that was a paint store. Chairwoman La Claire stated thc Commission is not denying the general commeccial zonin9, but is denying the outdoor storage and a conditional use permit is needed for that o~tdoor stora9e and thc Commission feels that storage adversely affects the neiyhborhood. Mt. La Bowe asked for more time to be hcard and Chair.woman La Claire responded he could have one more minute to sum evcrything up becausc she thought evetything has bcen heazd and no matter what else is said, thc issue will not chanye ana that is tnat the usc docs adversely affect the neighborhood. Mr. La Bowe asked if the Commission is in agrecment that the only issue is based on thc finding that the use affects thc adjoining land uses? Commissioncr Bouas stated that is just one rcason and Malcolm Slaughtcr stated the Commission need not respond to that statement. ACTION: Commissioncr Fry offcred a motion, seconded by Commissioner Bouas and MUTION CARRIEU (Chairwoman La Claire voting no and Commissioner l4esse absent) that the Anaheim City Planning Commission has reviewed the proposal to petmit an outdoor stocage yard with waivcr of miniR~um number and area of parking spacr_s on two irregula~ly-shaped parcels of land consisting of approximately 0.37. acce having a frontage of approximatcly 103 feet on thc south side of Lincoln Avenue, and approximately 100 fcet on the north side of Center Street, and furthet described as 1120 West Lincoln Avenuc and 12U3 West Center StL~~~; and does hereby disapprovc the Neyativc Declar.ation upon finding that it has considered the Nega.t~ve Declazation to9ether with any comments received during the public review process and further finding on the basis of thc Initial Study and any comments received that there is substantial evidence that the project will have a siynificant effect on the environment. Commissioner Fry offcred a motion, seconded by Commissioner Herbst and MQTION CARRIEU (Commi~sioncr Messe absent) that the Anaheim City Planning Commission does hereby deny waiver of the Code requirement. Co~nmissioner Fry offcred Resolution No. PC86-179 and moved for its passage and adoption that the Anaheim City Planning Commission docs herepy deny Conditional Usc Permit No. 2817 on the basis that thc use would advcrsely affect the adjoininy land uses and the yr.owth and development of the area in which it is proposed to be located and the granting of thc conditional use permit under thc conditions imposed, if any, will be detrimental to the peace, health, safety and gencral welfarc of thc citizens of the City of Anaheim. On roll call, the foregoing resolution was passed by the followin9 vate: AYES: BUUAS~ FRY~ HERBST~ LA CLAIRE, LAWICY.I~ MC BURNEY~ ME5SE NOES: NONE ABSENT: I~ONE 6/23/86 MINUTES AI~AHEIM CITY PLAL~NING CUMMISSION JUNE 23 1986 8G-456 Malcolm Slauyhtef, lleputy City Attorney, presented the written right to appeal zhe Planning Commission's decision wiihin 22 days to tnc Cicy Council. Commissioner Herbst offered a motion, seconded by Commissioner McBUr.ney and MOTION CARRIEll (Commissioner Messe absent) insttucting staff to have the Code Enfotcement Officers inspect the site and check on the violations of unloading/loading in the street, parking on the sidewalks, etc. Commissioner Bouas asked if off-str.cet parking is required. Chairwoman La Claire asked that any furthcr discussion bc held until later since this mattet has been voted on. Mr. La Bowe asked to spcak, and Chairwoman La Clairc refused to continuc discussion of this matt~r, and pointed out the petitioner does have thc right of appeal before the City Council. t~r. La Bowe asked if the appcal heariny will conform to the laws of Chc Statc of Californi,a with Legacd to p[oof of evidence, or will it be similar to this hcaring where anyone can walk up and present a picturc or anything thcy wish without any substantiation or vcr.ification. Malcolm Slaughtcr asked if the Commission wished him to respond and Commissioner Herbst asked him not to respond and noted the applicant can appeal thc decision to thc City Council becausc this has bcen a vcry legal heariny and the pictures are very legal evidence. ITEM N0. 19 REPORTS ANll RECUDIMENDATIONS A, CUNllITIONAL USt PERMIT NO. J.U36 - Requcst from Mohammad H. Rezazadeh Seilabi foc tcrmination uf Conditi.onal Usc Per.mit No. 1036, propcrty located at 1:62 and 1272 East La Palma Avenue. ACTIUN: Commissi~ner Fiy offcred xesolu*_ion No. PC86-180 and moved for its passagc and adoption that thc Anahcim City Planning Commission docs hereby tecminatc Conditional Usr_ Permit No. 1036. Un roll call, thc foregoin9 resolution was passe~ by the followin9 vote: AYES: BOUAS, FRY~ HERBST~ LA CLAIRE, LAWICnI~ MC BURNEY NUES: NONE A~SENT: MESSE B. CONDITIUNAL USE PERMIT NO. 2692 - Request from John K. Alstrom (Hillman Pr.opertics Limited Partnership) for an extension of time for Conditional Usc Pcrmit No. 2692, property located at 180 Rivecview Drivc. ACTION: Commissioner Hetbst offeced a mution, seconded by Commissioncr Bouas and MOTION CARRIED (Commissionec Messe absent) that thc Anahcin City Planniny Commission does heceby grant an extension of time fur Conditional Use Permit No. 2692, to expire March 29, 1987. C. TENTATIV~ MAP OF TRACT NO. 96U1 - Request f~om John A. Sarracino (repr.esentin9 Lind ~ Hiller.ud, Inc.) for a one-year extension of time £or Tentative Tract No. 9601, property located northeast of the intersectiun of Canyon Rim Koad and Fairmont Boulevard. 6/23/86 MINUTES ANAHEIM CITY YLANNING COMMISSION JUNE 23 198ti 86-457 ACTION: Commissioner Bouas offered a motion, seconded by Commissioner. Herbst and MOTION CARRZED (Commissioner Messe absent) that the Anaheim City Planning Commission does hereby grant an extension of timc for Tentative Tract No. 9601, to expirc June 26, 1987. OTHER llISCUSSION: Commissioner. Herbst stated he r.cad in thc newspapcr. that thc Fricker. Chemical Compa~y is bar.k i.n business and thought when the fir.c occurred, there was discuasion that they did not have proper. pcrmits, Annika Santalahti stated she believed thcy have thc pr.op^_r pecmits, an~~ the list of r.hemicals provided was ar.ceptable to the Fire Depar.tmcnt, but the problem was the manner in which the chemir_als wer.c being stored. Commissioner Hcrbst stated the newspape~ ar.ticle stated they were mixing chemicals improperly. Ms. Santalahti stated she understands that some of the mixiny which is done in tanks, actually has somc cooliny effect and the problem was with impr.opcr stor.age, distance bet~een items, width of aisles, etc. She stated tncy did scek building pc nnits and thought they had complicd with all thc conditions. Shc stated some of the chemicals ace deliver.ed in tank t_*ucks and some in dry for.m; and Chat they had unmar.ked or. impropr_r.ly labcled containcrs; buc that she did not think thcy nceded a conditional usc per.mit. Malcolm Slauyhtcr. stated thc usc is per.mittr_d, but they did ncrd pcrmits fr.om the City in or.der. to r~build the burned out shcll. PLANNING COMMIS5IUN kBPRES~hTATIVE TU PAitK 5 RECREATION COMMISSION: ACTIUN: Commissioner. Fry offered a motion, seconded by Commissioner tdcBurney and MOTIO~ CARRIEll (Commis~ioner Messe absent) that Mar.y Bouas be reappointed to serve as thc Planning Commission r.epr.esentativc to the Parks 6 xecreation Coimnission. ADJUU1tNMENT Commissioner Fr.y offer.ed a motion, seconded by Commissioner. Her.bst that the mceting be adjourned. The mecting was adjonr.ned at 5:55 p.m. Respectfully submitted, ~`~ ~ ,~.°1~~~ Ed'fCh . Harris, SecCetary Anaheim City Planning Commission ELH:lm 0202m 6/23/86