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Minutes-PC 1987/01/051. REGUi~AR MEETING OF THE ANAHEIM CITY PLANNING COMMISSION The regular meeting of the Anaheim City Planning Commission was called to order by C.hairmc~n Mceurney at 10:00 a.m., January 5, 1987, in the Council Chamber, a quorum being present, and the Commission reviewed plans of the items on today's agenda. RECESS RECONVENED: PRESEtJT: At3SEN`i': ALSO PRESENT: 11:30 a.m. 1:35 p.m. Chairman: Commissioners; Commissioners: Annika Santalat,ti Malcolm Slaughter Jay `Pitus D~obie Fank Leonard McGI-gee Edj':h Harris McBurney Bouas, Fry, Herbst, La Claire, Messe Lawicki. Assistant Director for Zoning Deputy Clty Attorney Office Engineer Assistant Traffic Engineer Associate Planner Planning Commission Secretary APPROVAL OF MINUTES - Commissioner La c:laire offered a motion, seconded by Commissioner 8.7uas and MOTION CARRIED (Commissioner Lawicki absent) that verbatim portions of the December 8, 1986, meeting pertaining to Item No. 4 when Mr. Vazquez was referring to a City Council member be included in the minutes. Commissioner Bouas offered a motion, seconded by Commis::ionec La Claire and MOTION CARRIED (Commissioner Lawicki absent) that the minutes of the meeting of November 24, 1986, be approve' as submitted and that the minutes of the December 8, 1986 meeting be approved with the Following additions: (Responding to the opposition, Mr. Vazquez made the following statements): ...."Talking to my surrounding neighborhood and speaking with Fred Hunter and his associate, they are completely excited and stand behind this project, And also talking to Faye Reardon, she is just next door to me. We designed the concept of the complex to mimic both structures, Fred Hunter's structure and Faye Reardon's structure, so it looks like one development, to stay with the same color design and to create some uniformity for the area. Mrs. Reardon even brought up the point that her daughter wants to open up a flower shop nd it would be great to put that in and create a use at a later date, and at a later application. But these are the types of things that come up when things like, something like this unique project is presented to the Planning Co:nmiasion, and of course, the City Council.'....... (Responding to Commissioner La Claire concerning a nice r.estau~ant at this location, Mr. Vazquez made the following statements); 87-O1 MINUTIvS, ANAHEIM CITY PLANNIN(; COMMT.iSION 87-2 ........"We have a 10-story, high-rise, beautiful building, Meyer Development, built right on the corner of Broadway end Narbor. Do you see a bunch of restaurateurs jumping in there? You know, on the top floor ~~i th a view, or do you see 'em at Bank of America, or do you see tham on thoground floor. Maybe this is a project before its time. i thought that, my feeling is that I think that the downtown area needs a spark, it noeda some excitement, it needs some new blood brought in hero and those are the kind of cortiments i got from someone like Fred Hunter. These arc- she eommenh,s I got from someone like Mrs. Reardon. This morning she lnviked me over, in fact, this morning, to give me the last Einal pluy of "go get 'em" attitude. O.K. because she wants to see this happen also, These are surrounding neighbors on both sides,".... (Responding to Commissioner Herbst's question whether he wanted a continuance in order to consider revising the plans because he felt a restaurant with on-sale alcoholic beverages bringing in the public would nor. fit :~rith a congregate care facility, Mr. Vasquez made the following star_ements); ".....We 11, I'm a true believer with what we have before you righl• now. I'm a true believer that i think the complE~xes that you have built right now are institutionalized complexes. They are not designed to invite the public. Ifeel I have done my homework. i've met with the surrounding neighbors. I have a local businessman right next door, a Councilmember, who stands completely behind the projer_t. I have another neighbor, who is part of thellistocical Society, who also stands behind the complex." PUBLIC INPUT: Chairman McBurney explained at the end of the agenda any member of the public would be allowed to discuss any matter of interest within the jurisdiction of the planning Commission, or any agenda item. NOTICE OF AGENDA POSTING. A complete copy of this Planning Commissio~~ agenda was posted at 8:30 a.m. on January 2, 1987, inside the Council Chamber foyer windows and i n the display case in the lobby. ITEM N0. 1 EIR NEGA'PIVE DECLARATION, RECLASSIFICATION N0. 95-86-35 (READVERTISED) AND VARIANCE N0. 3565 (READVERTISED) PUBLIC HEARING. OWNERS: RASUAL MOHAGHEGH, ET AL, 12652 Huston Street, North Hollywood, CA 91G07. AGENT: HADI TABATABEE, 14935 Avenida San Miguel, La F4irada, CA 90 638. Property described as a rec.tangulacly-shaped parcel of land consisting of approximately 0.22 acre, havino, a frontage of approximately 65 feet on the south side of Elm Street, 319 West Elm Street, RM-2400 to RM-1200 or a less intense zone. Waivers of (a) minimum building site area per dwelling unit, (b) maximum structural height within 150 feet of single-family residences, (c) minimum landscaped setback (deleted) and (d) minimum sideyard setback to cor-struct an eight unit of fordable apartment complex. 1/5/87 MINUTES, ANAHEIM CITY PLANNING CO M MISSION ~ 87--3 There was no one indicating their presence in opposition to suUject request and although the staff report was not read, it is referred to and made a part of the minutes. Hadi ','abatabee, agent, explained this Project has been before the Planning c:ommisaion twice and they ace pro posing up to 508 affordable units and hope that will justify the variances requested. THE PUBLIC HF.ARIN~ WAS CLOSED. Commissioner Herbst stated tie is still opposed to trying to put eight units on this small lot because that would impact the area t~~~ much and tenants of affordable units deserve soma room to move around, Commissioner Messe added he thoug tit rezoning the property t.o RM-1200 would be "spot zoning" in the middle of a n RM-1400 area. ACTION: Commissioner Fry oEEere d a motion, seconded t,y Commirsioner Bouau and MOTION CARRIED (Commissioner Law i cki absent) tl~at• the Anaheim City Planning Commission has reviewed the prop o 3a1 to rec.lasslEy subject property from the RM-2400 (Residential, Muliple-Fam il.y) 't,one to the RM-1200 (Residential, M,rltple-Family) 'Lone and to cons t ruct an eight (el unit affordable apartment co,*rplex with waivers of minimum building site area per dwelling unit, maximum structural height within .150 fee t of single-family residences, minimum landscaped setback (deleted) and minimum :3ide~yard setback on a rectangularly-shaped parcel of 1 a nd consisting of approximately 0.22 acre, having a frontage of approximate l,y 65 feet on the south side of F.lm Street, and further described as 314 West Elm Street; and does hereby approve the Negative Declaration upon finding that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the Initial Study and any comments received that there is no substa ntial. evidence that the project will have a significant effect on the enviro nment. Commissioner Fry offered Resolut ion No. PC87-O1 and moved for its passage and adoption that the Anaheim City Planning Commission does hereby deny Reclassiftcation No. 85-86-35. On roll call, the foregoing res o lution was passed by the following vote: AYES: BOUAS, FRY, HERBST, LA CLAIRE,MC BURNEY, MESSE NOES: NONE ABSENT: LAWICKI Commissioner Fry offered Re~olu t ion No. PC87-02 and moved for its passage and adoption that the Anaheim City Planning Commission does hereby deny Variance No. 3565 on the basis that there are no special circumstances applicable to the property such as size, shape , topography, location and surroundings which do not apply to other identical 1 y zoned property in the same vicinity; and that strict application of the Zoning Code does not deprive the property of privileges enjoyed by other properties in the identical zone and classification in the vicinity. 1/5/87 .~, MINUTES, ANAHEIM CITY PLANNING COMMISSION ~~ g7 .q On roll call, the foregoing resolution was passed by the following vote AYES: BOUAS, FRY, HERBST, LA CLAIRE,MC 9URNIsY, MESSE NOES : NONE ABSENT: LAWICKI Malcolm Slaughter, Deputy City Attorney, pc~sent~~d the written right tc~ appeal the Planning Commission's decision within 22 days to the City Council. ITEM N0. 2 EIR NEGATIVE DECLARATION, WAIVER OF CODE REQUIREMENT ANU CONDITIONAL USE PERMIT NO. 2861 ~ - PUBLIC BEARING. OWNERS: HUGO A. VAZQUEZ, 2240 W. Lincoln, Anaheim, CA 92805. Property described as a rectangularly-shaped parcel of. la~~d consisting of approximately 0.8 acres, having a Frontage of 126 feet on the south side of Lincoln Avenue, 2244 W. Lincoln Avenue. To permit a 75-unit motel with waivers of minimum structural setback and required seceening of packing areas. There was one person indicating t~4rc presence in opposition to ::object request and although the staff report was not reau, it is referred to and rude a part of the minutes. Hugo Vazquez, 619 South Live Oak, Anaheim, owner, explained this will he a suite-style hotel, similar to the Embassy Suites, with larger suites that would, hopefully, attract businessmen as guests rather than the tourists oc vacationers. He stated this hotel i.s located adjacent to recently approved 34 and 46-unit apartment complexes and will have the same mediterranean architecture to blend in and that the parking will be underneath the units which will provide a sense of security to the guests. Sally Van born, 2256 West Lincoln, stated she did not feel the waivers should be granted because these requirements were set up by the City as someth ing that is necessary and all the requirements are there for a reason and should be honored by everyone. Responding to Ms. Van Horn, Mc. Vazquez stated the existing Safari Motel will be demolished. He stated he did not think there would be a problem screening the spaces if the Commission feels there is a need for screening. He stated the existing motel will be demolished and this complex will. attract abetter quality of guests because the units are over 400 square feet each. He added they wanted to have free breakfasts for the guests, but Found out from staff that would have to be a separate request in the future. ".'HE PUBLIC HEARING WAS CLOSED. Responding to Chairman McBurney, Leonard McGhee, Associate Planner, stated the screening for the parking would be along the south property line. Responding to Commissioner La Claire, Mr. Vazquez stated he could provide trees for screening and he would accept that as a condition of approval . 1/5 /8'1 MINUTES. ANAHEIM CITY PLANNING COMMISSION 87-5 Commissioner eouas asked where tl,e manager will reside. Mr. Vazquez stated the manager would occupy one of the units but it was not specified on the plans. He skated only 258 of the units would have kitchenettes and Commissioner eouas stated no kitchenettes are Shawn on the plans. She added she feels the developer is looking at this as a way to tie this project to the apartments so Chat if it does not make it as a motel, it can be rented as apartments. Leonard McGhee skated 2-1/2 packing spaces are required for a living unit, rounded to 3, and chose are not included in the calculations. Hugo Vazquez stated probably one of the penthouses would be the manager's unit and if they are one parking space short, he would drop one of the units to meet the requirements. Commissioner La Claire stated the staff report indicates there is a parking structure, lohby area and manager's office on the first floor and also includes a 3000-square foot penthouse. Leonard McGhee skated the manager's liv'.ng quarters were not included in the parking calculations. Chairman McBUrney stated khere could be a condition included that there will be no parking waiver. Commissioner Herbst asked if kitchenettes will be included and Mr. Vazq,iez stated they plan to have 258 of the units with kitchenettes. Commissioner Elerbst stated Mr. Vazquez seems to frequently bring in plans which are not really complete and he would like to see khe plans exactly as the developer plans ko :onstruct the project and these plans do not. show a manager's unit or kitchenettes. Commissioner Messe stated the staff report shows the penthouse tc be 3000 square feet with a 500-square foot loft. Mr. Vazquez stated he thought that was a mistake. Chairman MCBurney stated he likes the pans but they should be in order before approval is given. Leonard McGhee stated the January 19th meeting already has 20 items scheduled and the next meeting on February 2 has several major projects and he would suggesk any continuance be for a longer period of time. Commissioner Messe stated if Mr. Vazquez does his homework, the matter could be acted on very quickly in two weeks. Commissioner La Claire stated the problem is the workload on staff and she felt the Commission should start looking at how much staff is overloaded. ACTION: Commissioner Herbst offered a motion, seconded by Commissioner Fry and MOTION CARRIED (Commissioner Lawicki absent) that consideration of the aforementioned matter be continued to the regularly scheduled meeting oL January 19, 1987, in order for the applicant to submit completed plans. 1/5/87 MINUTES, ANAHEIM CITY PLANNING COMMISSION 87-6 Commissioner La Claire added she would like to discuss staff's workload at the end of the agenda and possibly come up with a policy whereby when continuances are granted be~auae plans are not complete, staff should be allowed at bast one month to review khe revised plans. Commissioners Herbst and La Claire left the meeting at 1:55 in order to attend Frank i~owry's funeral. ITEM N0. 3 EIR NEGATIVE DECLARATION, WAIVER OF CODE REQUIREMENTS AND CONDITIONAL USE PERMIT N0. 2869 PUBLIC HEARING. OWNERS: F. J. HANSHAW ENTERPRISES, INC., ET AL, 10921. Westminster Avenue, Garden Grove, CA 92643. AGENTS: PATRICK MEDIA GROUP, INC., 1550 W. Washington Boulevard, Los Angeles, CA 90007, ATTN: BONNIE KINGRY. Property described as an irregularly-shaped parcel of 'land consisting of approximately 0.93 acre located north and east of the northeast corner of La Palma Avenue and BrooY.hurst Street, 1112 North Brookhurst Street. To permit a 672-square foot, double-faced billboard in the C L Zone with waiver oF. maximum permitted height. There were two persons indicatiny their presence in opposition to subject request and although the staff r~f~ort was not read, it is referred to and made a part of the minutes. Bonnie Kingry, agent, referred to previously-approved similar signs in the area and stated the nearest residential units are 340 feet away. Ms. Kingry referred to Condition #2 requiring construction oc reconstruction of existing driveways and stated this sign would not produce any increased traffic and she did not think they should be responsible for reconstruction of driveways. THE PUBLIC HEARING WAS CLOSED James F. Ebbitt, Coast Advertising, stated tt~e request as referenced in the staff report is for a 36-foot high sign; however, Code only permits 300 square feet and 67?. square Eeet are proposed, so they are really requesting a larger and higher sign. Marilyn Ryan, Coast Advertising, stated they specialize ~n outdoor advertising and object to the granting of this conditional use permit for a billboard. She presented photographs and information relating to six different signs existing which were installed by the petitioner illegally; 1) 1741 S. Euclid; 2) 2600 W. Lincoln; 3) 1201 E. Lincoln; 4) 1905 E. Lincoln; 5) 2580 W. La Palma and 6) 1206 E. Lincoln. She skated if a billboard is raised higher than the legal height, it has to be engineered to withstand the winds, etc., and that they strongly feel that Patrick Media (formerly Foster & Kle.iser) have fragrantly abused the right to build and she would adamantly request that. the Commission deny this conditional use permit. She stated srnaller companies like theirs is fed up with looking at illegal billboards al,l over the city. She stated they could have documented many more violations. 1/5/87 ~+ '!.;: MINUTES, ANAHEIM CITY f~LANNING COMMISSION 87'7 Malcolm Slaughter, Deputy City Attorney, stated even though the information presented may or may be correct, it would seem appropriate to turn it over to the City's Code Enforcement Office for investigation and action, if appropriate. Mr. lbbitt stated he would adamantly request that I:his request be denied because the applicant has taken advantage of the Code and of the requirements for billboards in this city. Bonnie lCingry stated she would be unable to respond to the accusations at this time; however, felt the application before the Commission today should be tl~e one addressed. She stated these accusations certainly come as a surprise to her. and she would like time to respond because this information is damaging to their company. THE PUBLIC HEARING WAS CLOSED. Commissioner Fry turned over the information given by the opposition to the Planning Department staff for investigation. He stated he sees no need to grant this request and is vehemently apposed to this billboard, especially the height. Responding to Commissioner Messe, Malcolm Slaughter stated the Code provides that if a billboard is within 3U0 feet of any structure aced for residential pi.~rposes, the maximum height shall not exceed 27 feat; for each additional 10 feet, in addition, the billboard may be raised an additional 1 foot, but not "o exceed the maximum height of 35 feet. He stated the staff report indicates the billboard in question is 340 feet from the nearest residential structure so it could be 27 feat + 4 feet, for a total of 31 feet. Commissioner Messe stated he sees no justification for apFroval of this sign and thought the height should be no more than 31 feet. Annika Santalahti, Zoning Administrator, stated the Zoning Code establishes certain legal sizes, height and locations by right. and the size permitted is 300 square feet, but the height is not addressed other than to say 27 feet permitted. It was clarified a 300 sq. ft. billboard at 31 Eeet high would be permitted by right and it could be double-faced with 300 sq. ft. on each side. ACTION: Commissioner Fry offered a motion, seconded by Commissioner Aouas and MOTION CARRIED (Commissioners Herbst, Lawicki and La Claire absent) that the Anaheim Ctty Planning Commission has reviewed the proposal to permit a 572 sq. ft. double-faced bil'lboacd in the CL Zone with waiver of maximum permitted height on an irregularly-shaped parcel of land consisting of approximately 0.93 acres located north and east of the northeast corner of La Palma Avenue and Brookhurst Street and further described as 1112 North 3rookhurst Street; and does hereby approve the Negative Declaration upon finding that it has considered the Negative Declaration together with any comments received during the public review process and further 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. 1/5/87 MINUTESy ANAHEIM CITY PLANNING COMMI:iSIC~N 87^8 Commissioner Fry offered a motion, seconded by Commissioner Bouas and MOTION CARRIED (Commissioners Herbst, L~3wicki and Ira Claire absent) that the Anaheim City Planning Commission doeu hereby deny waiver of code requirement on the basis that there are no special circumstances applicable to the property such as sixe, shape, topography, location :end surroundings which do not apply to other identically zoned property in the same vicinity) and that strict application of the Zoning Code does not deprive the property of privileges enjoyed by other properties in the ilentical zone and classification In th~~ vicinity. Commissioner Fry offered Resolution No. PC87-03 and moved for its passagF~ and adoption that the Anaheim City Pl.~nniny Commission does hereb;~ deny Conditional Use Perrt~it No. 2869 on the basis that the use will adverse'. affect the adjoining land uses and the growth and development of the ai,:a in which it is proposed to be located; and will be detr.imenta.l to the pear;e, health, safety and general welfare of the %itizens of the Cit~~+ of Anaheim. On roll call, the foregoing resolution was passed by the fo1l:~wing vote: AYES: BUUAS, FRY, MC BURNEY, MESSE NOES: NONE ABSENT: HERBST, LAWICKJ AfiD LA CLAIRE Malcolm Slaughter, Deputy City Attorney, presented the written right to appeal tt~e Flanning Commission's decision within 22 c]ayr; to the City Council. ITEM N0. 4 EIR NEGATIVE DECLARATION, WAIVER OF CODE REQUIREMEN^: AND CONDITIONAL USE PERMIT N0. 2870 PUBLIC HEARING. OWNERS: HENRY B. AND THELMA W. WESSELN, 1717 W. Lincoln Avenue, Anaheim, CA 92801. AGENT: D. C. ASSOCIATES, 1717 S. State College, Anaheim, CA 92806. Property described as a rectangul.arlj-she~ped parcel of land consisting of approximately 0.57 acres on the north side; of Lincoln Avenue, 2255 West Lincoln Avenue. To permit a 40-unit motel and manager's apartment with waiver of maximum structural height. There was no one indicating thei-. presence in opposition ~o subject request and although the staff report was not read, it is referrEd to and made a part of the minutes. Craig Clausen, Agent, representing D. C. Associates, was present, to answer any questions. THE PUBLIC HEARING WAS CLOSED. Leonard McGhee, Associate Planner, resionded to Chairman McBurney that there has been no opposition from any of the neighbors. Commissioner Bouas asked if there will be any windows on the rear of khe motel. Mr. Clausen stated two windows are proposed on the north side and responded to Commissioner Messe that those rooms have other windows and could possibly be eliminated. 1/5/87 MINUTF,S, ANAHEIM CITY PLANNING COMMISSION 8;-9 Responding to Commissioner Fry, Mr. Clausen ayreed to eliminate the windows on the north. Respondiny to Commissioner Messe, Mc. Clausen stated there will be no kitchener_tes i.n the motel. ACTION Commissioner Fry offered a motion, :,econded by Commf~asioner Messe and MOTION ^~FtRiED (Commissioners Herbst, Lawicki and La Claire absent) that the Anaheim •'~r; Planni.ng Commission has reviewed the proposal try permit a 40-unit motel ar-d ~•an,+ger's apartment with waiver of maximum str.uctrrral height on a rectan~~ulacl,•-r,haped parcel of land consisting rig approximately 0.57 acre h ruing a Cranta•r~~ of approximately lUl feel• on the north si•le of Lincoln Avenue and fut`her described as '1255 West i.incoln Avenue; and does hereby approve the NegaL:ve Declaration upon finding that it has considered the Nec~ative Decl. -atior, together wi.ih~ any comments received daring the public review process ,d furthQr findirr on the basis of the Initial Study and any comments received that re is •~,:ra su'ostantial evidence that the project will have a significant ef.fec on tE,. environment. Commissioner 1'ry offered a CARRIED (Commissioners Herr City Planning Commission ~• basis th:~t there are spec: size, shape, topography, identically zoned proper of the Zoning Code dep- properties fn the ides • rnr, s~=conded by Commissioner Messe and MOTION ,.,wirhi and 'a Claire absent) that the Anaheim •~. ~.~,'i grant waiver cf code requirement on the -~-cr.r~~ances applicable to the property such as i~~r aid surroundings which do not apply to other ^ :~..me vicinity; and that strict application ~~•~ :,roperty of privileyes enjoyed by other :c~c and classification in the vicinity. Commissioner Ery offere-~ - ution No. PC87-04 and moved for its passage and adoption that the Annh~~i '__y E~lanning Commission does hereby grant Conditional Use Permit >~ 2~;~0 pursuant to Anaheim Municipal Code Sections 18.03.030.030 through J~ry,_:.~~~u.035 and subject to the stipulation by the applicant at the public ^r~-.r,,. ,~ng to eliminate all windows on the north side of the motel,/ and subjer_t tr. ?rrterdepartmental Committee Recommendations. c:.•>1 r1i. '` rt:t" -`,y;,; ay ._ '~.~, '~- ~so -~L''+.7~`.•t.:/~t]r-s2.~,n~.2J, On roll call, the foregc,;rnc resolution was passed by the following vote: AYES: BOUAS, ERY, MC ~2NEY, '1ESSE NOaS: NONE ABSENT: HERBST, LAW:iChI: LA C•AIRE Malcolm Slau~lhtec, 'Dep~.;ty City Attorney, presented the written right to appeal the Planning Commission's decision within 22 days co the City Council. ITEM N0. 5 EIR NEGATIVE DECLARA•i•ION AND CONDITIONAL USE PERMIT N0. 2871 PUBLIC Hf.ARItJG. OWNERS: CORNELIA CONNELLY SC'2O0L ;)F THE HOLY CHILD, 2323 West Broadway, Anaheim, CA 92809. AGENT: JOHN BARLETT 5 ASSOCIATRS, 250 W. Colorado Boulevard, Suite 290, Arcadia, CA 91006, A`PTN: JO ANNA STRADA. Property described as 6.5 acres on the north side of Broadway, approximately 860 feet east of the centerline of Gilbert Street, 2323 West Broadway (Cornelia Connelly School of the Holy Child). 1/5/87 MINUTES, ANAHEIM CITY PhANNING COMMISSION __ 87-10 There were five persons indicating their presence in opposition to subject request and although the staff report was nol• read, it is referred to and made a pact. of the minutes. Jo Anna Strada, agent, stated this expansion is to increase the 4chool's library area and provide additional office space and increase the ,size of the existing auditorium in order to creal•e a t~ookstore, better kitchen space and a student lounge and not to accommodate additional students. She explained two existing classrooms will be changed into one laboratory so they ne~rt an additional classroom. Ms. Strada stated the staff report indicates they will be adding a 13-foot high building, but there is another area where there is a pyramid which will create a central focal point for the library entrance and it is 27 fees high and is 30 feet from the pcuperty line. Charles Woodall, 2318 W. Broadway, stated his Douse is right across the street and he opposes this reyuest because originally the school was designed far 300 students and it. his been increased to about 500 students without approval and he was concerned that the increased space will permit them to add more students. He stated in the past the packing :situation has been intolerable on Broadway because of the school. He explained, however, this year, since they probably kner~ they were going to he requesting these variances, there hays been no parking problem and he felt they would probably be able to keep the parking problem under control until this is approved. He stated they have insufficient parking for the number of students at the school and explained they have 170 spaces marked; however, last year there were 25 to 30 cars parked on Broadway. Carol Burns, 2341 W, Transit Avenue, stated their home abuL•s the lropert.y on the west side and that she was told these was discussion about an auditorium to be built, a library, more classrooms and a music and dance building; and that she was not sure whether they will be converting some of their existing buildings of if they are planning to build additional buildings, Ms. Burns stated there is a problem on Transit Avenue with drainage. She presented photographs taken yesterday during the rain showing Broadway and Transit Avenue flooded. She explained Genrco and the school create the drainage problem; and that when ~emco woui!.d have meat cutting on the premises, they would rinse off their equipment and she blood would be washed into the drainage ditch which is on l-he west side ~~[ the school, then through a hole in the school's wall, and on down Transit Avenue. Ms. Burns stated she understood l•he cirain.~ge is supposed to go from behind Gemco, along the wall of the school and empty into a basin on Broadway, but it comes through the hole in the school's wall and down Transit Avenue. She explained when the school waters their lawns, water collects in the drainage Swale and the mosquisto abatement people are out there often because it is a health hazard and a nuisance. 1/5/87 MINUTES, ANAHEIM CITY PLANNING COMMISSION H7-11 Ms. Durna stated she is against a larger facility if they plan to increase the enrollment because there is tremendous noise from the school now. She stated Picture No. 2 shows the tennis courts right behind the school. She stated she has lived there 22 years and L•he problem has been increasing. She ~~dded she did not think a school would add this much construction unless they plan to eventually increase the enrollment. Irene Lyman, 2337 W. Transit, stated they have the same problem with the drainage and that both She and her husband are present in opposition. Denise Hernandez, 2342 W. Mall, stated her house is an the next street over and she is also opposed to tt~e request. Jo Anna Strada stated ttrey currently have 354 students enrolled and the maximum they have ever had is just over 400 and right now they have no intention of ever going over enat 400. She explained they need the additional space because of changes in school programs. She stated they reali2ed they did have a par. king problem and two years ago hired a professional to revise their parking lot layout and even though 908 of the spaces are undersized, they will be revising the parking layout by removing and relocating planters and will provide the same number of spaces. She added they do not object to a condition of this permit to limit the enrollment to 400 maximum, and if there i.~ a parking problem, it should be brought to the attention of the Planning Deplrtment because the parking lot is allocated to the students. Ms. Strada stated the drainage has been just as big a problem for the school as the neighbors and a lot of it was due to the Gemco facility and if the school's irrigation is a problem, it can be corrected. Concerning noise, she stated if there is screening which the city would recommend, they would be happy to comply. THE PUBLIC HEARING WAS CLOSED. Commissioner Messe asked if the 400 student Figure is the total enrollment or. the average daily attendance, with Ms. Strata responding, that is the total enrollment. Commissioner Messe asked if the existing field will be developed. Ms. Strada stated the new development will take up a portio~i of the area in pavement and some of the field. She pointed out the proposed new music and dance building and the other changes and explained there will be no windows in the rear. She pointed out the drainage Swale on the exhibit. Jay Titus, Office Engineer, explained he is not familiar with the drainage problem, but will look into it and see what can be done to eliminate it or alleviate it. He suggested a condition requiring that the drainage problem will be resolved to the satisfaction of the City Engineer. Ms. Strada stated she could not agree to that condition because the drainage problem is not only theirs and it would not be appropriate to commit the school to providing a facility that services several properties in the area. 1/5/87 MINUTES, ANAHEIM CITY PLANNING COMMISSION 87-12 Chairman McBUrney stated he did not think khis expansion would add to the existing drainage problem. Commissioner Bouas stated if there is a drainage problem in that area, something needs to be done about it. Ms. Strata skated khere is an easement and the school has complained about the problem on several occasions to t:he city. Chairman McBUrney stated the problem is between the two private owners and once it reaches the street, the city would become involved and the City Engineer's office can check into it and then contact the school to see if they are willing to help solve the problem. COMMISSIONERS HERBS']` AND LA CLAIRE RETURNED TO THE MEETING AT 2:35 P.M. ACTION: Commissioner Fry offered a motion, seconded by Commissioner Bouas and MOTIOti c:ARRiED (Commi.•Qioner Lawicki absent and Commissioners Herbst and La Claire abstaining) that the Anaheim City Planning Commission has reviewed the proposal to expand a private educational institution on a rectangularly-shaped parcel of land consisting of approximately 6.5 acres having ~ frontage of approximately 454 feet r:,n the north side of Broadway and further dP.cribed as 2323 West Broadway; and goes hereby approve the Negative Declaration upon finding that it has considered the Negative Declaration together with any comments received during the public review process and further 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. Malcolm Slaughter pointed out the Code section referred to in the staff report is not corrtat and should read 18.21.050.270. Commissioner Fry offered Resolution No. PC87-05 and moved for its passag~~ and adoption that the Anaheim City Planning Commission does hereby grant Conditional Use Permit No. 2871 pursuant to Anaheim Municipal Code Sections 18.03.030.030 through 18.03.030.035, subject to the school's enrollment being limited to a maximum of 400 students, and subject to Interdepartmental Committee Recommendations. Commissioner Fry asked that the City Engine~yring staff investigate the drainage problem in this area. On roll call, tl~e foregoing resolution was passed by the following vote: AYES: BOUAS, FRY, MC BURNEY, MESSE NOES: NONE ABSENT: LAWICKI ABSTAIN: HERBST, LA CLT.IRE Malcolm Slaughter, Deputy City Attorney, presented the written right to appeal the Planning Commission's decision within 22 days to the City Council. RECESS: 2:40 P.M. RECONVENE: 2:55 P.M. 1/5/87 MINUTES ANAHEIM CITY I'I,ANNING COMMISSION 87-13 ITEM NO. 6 EIR NEGATIVE DECLARATION AND CONCITIONAL USE PERMIT NO. 2872 PUBLIC HEARING. OWNERS: CftOCKER NATIONAL BANK, SUCCESSOR CORPORATE CO-TRUSTEE, UNDER Tt1E WILL OF GRAYCE G. WALKER, DECEASED c:/o WELLS FARGO BANK, TIG-REAL ESTATE INVESTMENT SERVICES, 333 5. Grand Avenue, Los Angeles, 90071, ATTN: W. MICHAEL MICKELSON AND THOMAS P. WALKER, INDIVIDUAL CO-'PRUSTEC, UNDER THE WILL OF GRAYCE G. WALKEF:, DECEASED, 1855 E. Pacific Coast Highway, Corona Del Mar, CA 92625. Property is described as a rectangularly-shaped parcel oF. land consistiny of approximately 0.50 acre located at the southeast rner of Via Burton Street and State College Boulevard, 1440 North State College Boulevard. To permit an automotive lubricating service center (Minit-Cube) in the Mt. Zone. There was no one indicating their presence in opposition to subject request and although the staff report was not read, it is referred to and made a part of the m'.nutes. Paul Washburn, Quaker State Minit Lube, 1905 E. 17th, Suite 208, Santa Ana, was present to answer any questions. THE PUBLIC HEARING WAS CLOSED. Responding to Commissioner Fry, Mr. Washburn stated all the waste oil goes into a double-walled steel containment tank with detection devices ano it is sold to be recycled. He explained he was not really sure what is done with the discarded oil filters, etc. Chairman McBurney stated there is a "future development pad" shown on the southern edge of the plan. Mr. Washburn stated that is not supposed to be on the plans and that property is not a part of this request and stipu]ated that those words woaid be removed from the plans. Commissioner La Claire asked about the existing signs on the property. Mr. Washburn responded he was not familiar with those signs but any signs would be removed and they are willing to see that the previous variance approved on this site is terminated. ACTION: Commissioner La Claire offered a motion, seconded by Commissioner Bouas and MOTION CARRIED (Commissioner Lawicki absent) that the Anaheim City Planning Commissi~~~ has reviewed the proposal to permit an automotive lubricating service center in the ML (Industrial, Limited) Zone on a rectangularly-shaped parcel of land consisting of ~ipproximately 0.:~ acre located at the southeast corner of Via Burton Street and State College Boulevard and further described as 1440 N. State College Boulevard; and does hereby approve the Negative Declaration upon finding thzc it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the Initial Study and any comments rec~l.vea that there is no substantial evidence that the project will have a significant effect on the environment. 1/5/87 MINUTES ANAHEIM CITY PLANNING COMMISSION 87-14 Commissioner La Claire offered P.esolution No. PC87-06 and moved for its passage and adoption that the Anaheim City Planning Commission does hereby grant Conditional Use Permit No. 2872 pursuant r_o Anaheim Municipal Code Sections 18.03.030.030 through 18.030.030.035 an~i subject to the stipulation that Variance No. 2412 will be terminated, and Hubject to Interdepartmental Committee Recommendations. On roll call, the foregoing resolution was passed by the following vote: AYES: BOUAS, ?RY, HERB:iT, LA CLAIRE, MC BUftNEY, MESSE NOES: NONE ABSENT: LAWICKI Malcolm 51aug~~ter, Deputy City Attorney, presented the written right to appeal the Planning ~:ommission's decision within 22 days to the City Council. ITEM N0. 7 EIR_CATEGORICAL EXEMPTION-CLASS 3, WAIVER_OF CODE REQUIREMENT AND CUNDi ITIONAL USE PERMIT N0. 2873 PUBLIC NEARING. OWNERS: BETTY JEAN S[~ERRER, 325 N. New Avenue, Anaheim, CA 92806. AGENT: LANCE ALLCOTT, 1401 East 14th Street, Santa Ana, CA 92701. Property described as a rectangularly-shaped parcel of land consisting of approximately 8280 square feet, 325 North New Avenue. To permit a family granny unit in an existing accessory building with waivers of (a) minimum structural setback and yard requirements and (b) minimum number, type and design of parking spaces (deleted). There wa3 no one indicating t~~eir presence in opposition to subject request and although the staff report was not read, it is referred to and made a part of the minutes. Betty Jean Sherr+:~, agent, explained this unit is to be occupied by her disabled half-sister and that she has talked to her neighbors and there were no objections. THE PUBLIC HEARING WAS C[~OSED. Ms. Sherrer stated she is willing to sign a covenant restricting occupancy of the unit to persons 62 years of age or older. it was noted the Planning Director or t:is authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 3, as defined in the State Environmental Impact Report Guidelines and is, therefore, categorically exempt fcon~ the requirement to prepare an EIR. AC'PION: Commissioner La Claire offer-sd a motion, seconded by Commissioner Bouas and MOTION CARRIED (Commissioner Lawicki absent) that the Anaheim City Planning Commission does hereby grant waiver (a) on the basis that on the basis that there are special circumstances applicable to the property such as size, shape, topography, location and surroundings which do not apply to other 1/5/87 MINUTES ANAHEIM CI7.'Y PLANNING COMMISSION 87-15 identically zoned property in the same vicinityt and the t strict application of the Zoning Code deprives the property of privileges enjoyed by other properties in the identical zone and classification in t h e vicinityiand denying waiver (b) on the basis thar_ it was deleted. Commissioner La Claire offered Resolution No. PC87-06 and moved for its passage and adoption that the Anaheim City Planning Comm isaion does hereby grant Conditional Use Permit No. 2873, in part, pursuant to Anaheim Municipal Code Sections 18.03.030.030 through 18.03.030.035 and s ubject. to Interdepartmental Committee Recommendations. On roll call, the Foregoing resalutioR was passed by lh a Following vote; AYES: F3OUAS, FRY, HF.RB5'r, LA CLAIRE, MC GURNEY, MESS E NOES: NONE AGSENT: LAWICKI Malcolm Slaughter, Deputy City Attorney, presented the written right to appeal the Planning Commission's decision within 22 days to the City Council. ITEM N0. 8 EIR NEGATIVE QECLARATION AND VARIANCE N0. 3b 12 PUBLIC HEARING. OWNERS: CABRILLO PLAZA, 1650 S. Harbo r Boulevar.d,Anaheim, CA 92702, ATTN: W. EARL GARR, JR.; 421 South Olive, Orange, CA 92666. Property described as a rectangularly-shaped parcel of land consisting of approximately 1.24 acres located at the northwest corner of Orangethor pe Avenue and Post Lane, 520.1-5223 East Orangethorpe Avenue. Waiver of minimum number of required parking spaces to construct a 41'70 square Foot addition to an existing commercial center. There was no one indicating their presence in opposition to subject request and although the staff report wa.s not read, it is refer red to and made a part of the minutes. Earl Garr, agent, explained they presented this projec t previously and there was opposition from the neighbors regarding noise, etc., and since that time they have worked with the neighbors to satisfy their concerns. He explained a wrought iron fence has been placed across the west end of the cearand a chainlink fence across the east end completely blocking access to the rear and in addition, they reconstructed the block wall for Mr. Newton on the corner and also did some plantin~3 of trees on his side of the wall. He added they reduced the number of false alarms and ace controlling any noise the best they can and have been policing the area better, keeping it cleaner and making it look better. He presented pictures of the existing complex, the reconstructed block wall and the wrought iron and chainlink fencing. He also presented a petition signed by the neighbors indicating they are not opposed to this request. THE PUBLIC HEARING WAS CLOSED. Responding to Commissioner eouas, Mr. Garr stated they intend to continue maintaining the property after the addition is approved and completedX5/87 A.. w ' MINUTES, ANAHEIM CITY PLANNING COMMISSION 87-16 ACTION: Commissioner Herbst offered a motion, seconded by Commissioner Fry and MOTION CARRIED (Commissioner Lawicki absent) that the Anaheim City Planning Commission has reviewed the proposal to construct a 4170-square foot addition to an existing commercial center with r,aiver of rninimum number of parking spaces on a rectangularly-shaped parcel of lan~1 consisting of approximately 1.24 acres located at the northwest corner of Orangethorpe Avenua rrnd most Lane and further described as 5201-5223 E. Orangethorpe Avenues and does trereby approve L•he Negative Declaration upon finding that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the Initial Study and any comments received that there !s no substantial evidence that the project will have a significant ef.Eeck on the environment. Commissioner fierbat offered a rnotion, seconded by Commissioner Fry and MOTION CARRIED (Commissioner Lawicki absent) that khe Anaheim City Planning Commission does hereby grant waiver of code rcyu>.rement on the basis that the packing waiver will not cause an incr. ease in traffic congestion in the immediate vicinity nor adversely affect any adjoining land uses and granting of the parking waiver under tfre conditions imposed, iE any, will not be detrimental to the peace, trealth, safety and general welfare of the citizens of the City of Anaheim. Commissioner Iierbst offered Resolution Na. PC87-07 and moved for its passage and adoption that the Anaheim City Planning Commission does hereby grank Variance No. 3612 on the basis that there are special circumstances applicable to the property such as size, shape, topography, location and surroundings which do not apply to other identically zoned property in the name vicinityi and that strict application of the 'Coning Code deprives the property of privileges enjoyed by other properties in the identical zone and classification in the vicinity and subject to Interdepartmental Committee recommendations. Un roll call, the foregoing resolution was passed by the fallowing vote: AYES: BOUAS, PRY, tfERBST, LA CLAIRE, MC BURNEY, MESSE NOES: NONE ABSENT: GAWICKI Malcolm Slaughter, Deputy City Attorney, presenked the wril•ten right to appeal the Planning Commission's decision within 'L2 days to the City Council. ITEM N0. 9 EIR NEGATIVE DEC~.ARATION AND VARIANCE N0. 3625 PUBLIC HEARING. OWNERS: EUGENE NOONAN, 510 E. i,incoln Avenue, Anaheim, CA 92805. Property described as a rectangularly-shaped parcel of land consisting of approximately 0.33 acrES on the east side ~f Rose Street, 408 S. Rosa Street. Waivers of (a) maximum site coverage, (b) minimum structural setback and (c) minimum dimensions of parking spaces (deleted) to construct a 12-unit apartment complex. There was no one indicating their presence in opposition to subject request and although the staff report was not read, it is referred to and made a pact of the minutes. MINUTES, ANAHEIM CITY PLANNING COMMISSION 87-17 Commissioner La Claire declared a conflict of interest as defined by Anaheim City Planning Commission Resolution No. PC76-157 adopting a Conflict of Interest Code for the Planning Commission and Government Code Section 3625, et seq., in that the agent contributed to her campaign as a candidate for City Council and puts want to tlio provisions of the above Codes, declared to the Chairman that she was withdrawing tram the hearing in connection with Variance No. 3625, and would not take part in either the discussion or the voting lhcreon and had not discussed this matter with any member of the t~lanning Commission. Thereupon Commissioner t,a Claire left the Council Chamber. Magd~ Hanna, agent, stated this 12-unit pr lect is in conformance with surrounding land uses and that they are in agreement with the recommended conditions of approval, including the 12-1/2-foot dedication on East Street and the 1-foot d edlcatiun on the alley. THE PUBLIC HEARING WAS CLOSED. Responding to Ch airman Mcl3ucney, Mr. Hanna stated they did not contact their neighbors because they did not khink there would be any opposition to the request. Commissioner Bo u as stated dh a thought the .lot coverage is just too much and that she does realize this developer provides good projects. Commissioner Me s se stated this is 508 above the allowed coverage and he did not see a justif icatian for granting it. Mr. Hanna stated the Code has been changed and the packing underneath was formerly not considered as coverage but now it is and that makes a big difference. He stated most of the projects he has developed with subterranean parking would b y about 758 site r. overage if considered under the new code. Commissioner Fry stated normally he would be opposed but since the property does go through street to street with an a13.ey on the south, it would make a difference. Annika Santalah ti stated site coverage is viewed from the aspect of the tenants needtn g open space and there has been a policy with subterranean garages for the open space to be above the enclosed garage, but with the code modification, tY-e site coverage with the garages at grave level is the view from the street and the adjacent properties. Commissioner Herbst stated he thought this is just too much for this property, especially with minimal landscaping and maximum site coverage at 738 would be impacting the area too much. Mr. Hanna stated it is difficult to develop a project on this property because of the size of the property and also because it is fronting on two streets. Commissioner H erbst asked what the justification would be fvr granting the variance. Mr. Hanna stated the justification on his part is financial. He stated there w ill be no impact on the single-family residential neighboehood 1/5/87 .. r-+ a $1-18 MINUTES ANAHEIM CITY PLANNING COMMISSION and there is a 33-unit- project to the north which was gtantrrd the same privileges. Commissioner Herbst stated this will be a massive building with no landscaping. Chairman McBurney asked if the developer would like to consider revising the plans for a smaller project, Mr. Nanny stated he did not think he could develop a smaller project. ACTION: Commissioner Herbst offered a motion, seconded by Commir3sia ner Bouas and MOTION CARRIED (Commissioners La Claire and Lawicki absent) that the Anaheim City Planning Commission has reviewed the proposal to construct a 12-unit apartment complex with waivers of. maximum site coverage, minimum structural setback and minimum dimensions of parking roximatele10~3 3)acrea, rectangularly-shaped parcel of land consisting of app Y having a frontage of approximately 99 feet; on the east side of. Rose Street, and a frontage of 99 feet on the west side of East Side, and fur the r. described as 408 South Rose Streets and does hereby approve the Negative Declaration upon finding that it has conaider.ed the Negative Declaration together with any comments received durinc, the public review praceas and further fincling on the ba31a of the Initial Study and any romments received that there is no substantial evidence that the project will have a slgnificant effec r_ on the environment. Ccr;^ticcioner Herbst offered Resolution No. PC87-09 and moved for its passage and adoption that the Anaheim City Planning Commission does hereby deny Variance 3G'l5 on the basis that there are no speClocationuandasucc undingsble to the property such as size, shape, topography, which do not apply to other identically zoned property in the same vicinity= and that strict application of the Zoning Code does not deprive th a property of privileges enjoyed by other properties in the identical zone an d classification in the vicinity. On roll call, the foregoing resolution was passed by the following vote: AXES: BOUAS, M6-B1}RN•13~i, MESSE NOES : 1?#Y•:=~"'t9iY ~L~C~ ~ tlF: ABSENT: LAWICKI, LA CLAIRE Malcolm Slaughter, Deputy City Atkorney, presented the written right to appeal the Planning Commission's decision within 22 da~ to the City Goun cil. COMMISSIONER LA CLAIRE RETURNED TO THE MEETING. PUBLIC INPUT: There was no one indicating a desire to speak to t h e Planning Commission on any matter within their jurisdiction. ADJOURNMENT: The meeting was adjourned at 3:17 p.m. Respectfully submitted, Edith L. Harris, Secretary Anaheim City Planning,Commission_,, ,,. .._., _.,,..-...._.