Minutes-PC 1987/05/11REGULAR MEETING OF THE ANAHEIM CITY PLANNING COMMISSION
MINUTES - blAY 11, 1987_
The regular meeting of the Anaheim City Planning Commission was called to
order by Chairman McBurney at 9:00 a.m., May .ll, 1987, in the Council
Chamber, a quorum being present, and the Commission reviewed plans of the
items on today's agenda.
RECESS:
RECONVENED:
PRESENT:
Chairman:
Commissioners:
ABSEN"1'
ALSO FRESENT:
Commissioners:
11:30 a.m.
1:30 p.m.
McBurney
Bouas, Ery, Herbst,
Lawicki, Messe
La Claire
Annika Santalahti
Malcolm Slaughter
Jay Titus
Debbie Eank
Debbie Vagts
Greg Hastings
Leonard McGhee
Edith Harris
Zoning Adminisr.rator
Deputy City Attorney
Office Engine~c
Assistant Traffic Engineer
Leasing Supervisor
Senior ^lannec
Associate Planner
Planning Commission Secretary
AGENDA P_ OSTING - A complete copy of the Planning Commission agenda was posted
at 8:30 a.m., May 8, 1987, inside the foyer windows and in the display case
located in the lobby of the Council Chamber.
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.
ITEM N0. 1. EIR NEGATIVE DECLARATION AND GENERAL PLAN AMENDMENT N0. 225
INIT.LATED BX THE CITY OE ANAHEIM, 200 S. Anaheim Bouleva:'~, Anaheim, CA 92805
To redesignate Fairmont Boulevard between La Palma Avenue and Santa Ana Canyon
Road from a Hillside Secondary to a Hillside Primary Arterial Highway.
Continued from the meeting of March 30, 1987
It was noted this amendment originally included West Street between Ball Road
and Manchester Avenue to be added as a major arterial highway, but that
portion of the request has been deleted.
Leonard McGhee, Associate Planner, presented the staff report.
There was no one indicating their presence in opposition to subject request
and although the staff report was not read, it is referred to and made a part
of the minutes.
~0255m 87-378
MINUTF.S- ANAHEI_,hS CITY PLANNING COMMISSION, MAY 11, 1987__.,,, 8_,,._.~ 3
ACTION: Commissioner Herbst offered a motion, seconded by Commissioner Messe
and MOTION CARRIED (Commission~ac La Claire absent) that the Anaheim City
Planning Commission has reviewsd the proposal to change the current
designation an the General Plan of Fairmont Boulev ard, between La Palma Avenue
and Santa Ana Canyon Road, from a Hillside Secondary A[tecial to a HIllside
Primacy Arterial Highway; and does hereby approve the Negative Declaration
upon finding that it has considered the Negative D eclacation together with any
comments received during the public review process and further finding on the
basis of the Initial Study and any comments receiv ed that there is no
substantial evidence that the project will have a significant effect on the
environment.
Commissioner Herbst offered Resolutior. No. PC87- lOS and moved for its passage
and adoption that the Anaheim City Planning Commission does hereby recommend
to the City Council adoption of General Plan Amen drnent No. 225 -Circulation
Element, Exhibit A, amending the map and text to redesignate Fairmont
Boulevard between Santa Ana Canyon Road and La P alma Avenue fronia Hillside
Secondary Arterial to a Hillside Primary Arterial .
On roll call, the foregoing resolution was passed by the following vote:
AYES: BOUAS, FRY, HERBST, LAWICKI, MC BURNEY, MESSE
NOES: NONE
ABSENT: LA CLAIRE
Malcolm Slaughter, Deputy City Attorney, prese~.' ~.he written right to appeal
L•he Planning Commission's decision within 22 days ~,~ the City Council.
THE FOLLOWING ACTION WAS TAKEN AT THE BEGINNING OF THE MEE'PING.
ITEM N0. 2 EIR NEGATIVE DECLARATION, WAIVER OF CODE REQUIREMENT AND
CONDITIONAL USE PERMIT N0. 2898
PUBLIC HEARING. OWNERS: IRINEO YWIENCO AND CELE:TINA YWIENCO, 1941 E.
Center Street, Anaheim, CA 92805. AGENTS: GEN E ICASIANO, 3460 Wilshire
Blvd., A1.015, Los Angeles, CA 90010, CHRISTIAN R. QUIMPO, 2555 E. Chapman,
Suite 712, Fullerton, CA 92631. Property described as an'irregularly-shaped
parcel of land consisting of approximately 0..63 acre, 1941 East Center Street
(Hacienda Christian Rest Home).
To expand a rest home from a maximum capacity o f 32 persons to 46 persons with
waivers of permitted location of parking spaces , minimum number of parking
spaces and minimum rear yard setback.
Continued from the meetings of March 16 and Apr it 13, 1987.
It was noted the petitioner has requested that subject petition be continued
to the meeting of June 22 in order to submit revised plans (including floor
plane) of the existing facility (as well as the proposed expansion), and to
submit a parking demand study to substantiate the requested parking waiver,
and to correct outstanding fire code violations for the existing facility.
5/11/87
MINUTES, ANAaEIM CITY PLANNING COMMISSION, MAY 11~ 1987 87-394
ACTION: Commissioner eouas offered a motion, seconded by Commissioner Lawicki
and MOTION CARRIED (Commissioner La Claire absent) that consideration of thQ
aforementioned matter be continued to the regularly-scheduled meeting of June
22, 1987, at the request of ttre petitioner.
ITEM NO. 3 ETR NEGATIVE DECLARATION, RECLASSIFTCATI.ON N0. 8G-87-33 AND
VARIANCE N0. 3656
PUBLIC HEARING. OWNERS: KAZUMI HANANO AND RYOKO HANANO- 1?.61 N. Placentia
Avenue, Anaheim, CA 92805. AGENT: MAGUY FIANNA, 4000 MacArthur Boulevard,
$680, Newport Beach, CA 92660. Property described as a triangularly-shaped
parcel of land consisting of approximately 0.46 acre, 1.261 North Placentia
Avenue.
RS- A-43,000 to RM-1200 or a less intense zone.
Waiver of maximum structural. height and maximum site coverage to construct a
2•-story, 13-unit apartment building.
The applicant was not present and this item was trailed and heard following
Item No. 4 .
There was two persons indicating their presence in opposition to subject
request and although the staff report was not read, it is referred to and made
a part of the minutes.
Magdy Hanna, agent, stated this was a very difficult property to design
because it is narrow.
FaiL•h Foster, resident of the adjacent mobilehome park, asked that the block
wa 11 which is now approximately five feet high be extended because it will. be
useless next to the apartments. She added the existing wall needs to be
repaired. She also asked if the parking will be underground, or if they will
have single garages or carports and stated they have noise now from the street
and the freeway, and have intruders in their backyards. She added the
parkways have not been kept clean by the City of gnaheim.
THE PUBLIC HEARING WAS CLOSED.
Mr. Hanna stated they will he providing a six-foot high wall, and can increase
the existing wall or build a new wall. He added this will be a good
improvement over the existing use of the property.
Responding to Chairman t4cBurney, Mr. Hanna stated there are windows facing the
mobilehome park. Chairman McBurney asked if landscaping can be provided
between the units in the patio areas. Mr. Hanna responded he thought that
could be done.
Mrs. Foster responded to Commissioner Bouas that the six-foot wall would be
acceptable and she asked if there will be parking next to the block wall. It
was pointed out the apartments will he next to the wall, and Chairman McBurney
stated the apartments will be looking right into the mobilehome park.
5/11/87
MINUTES, ANAHEIM CI'PY PLANNING CUMMiSSIUN l4AY 11 198'7 87-395
Responding to Commissioner Bouas, Mr. Iianna stated he did not show these plans
to t he mobilehome park owner, but that the -iotices of this hearing were mailed
to everyone. He added this project has been very difficult to design because
of the size and shape of the parcel.
Commissioner Messe asked iE some type of screening could be provided on the
windows on the north property line so the apartment occupants cannot look into
the mobilehome park. Chairman McBur.ney suggested louvers of some type.
Mr. Hanna stated they could provide some sort of screening on the windows.
Commissioner Me:ise stated plantings in the 5-foot strip would help, and Mr.
Hanna responded he would plant very large trees on that side which would block
she view to the mobilehome park.
Commissioner Herbst stated six patios would be overlooking the wall and
suggested they be reversed. He added he realizes this a problem parcel to
develop, but thought something could be done. He added even though that is a
mobilehome park adjacent to this property, those are single-family residents
and deserve the same protection. Commissioner Fry stated other projects have
been approved with tt~e louvers. Commissioner Herbst stated he dial not think
six patios should be allowed to overlook the wall to the mobilehome park and
something solid should be required.
Chairman McBurney suggested reversing the units with patios towards the front
rather than overlooking tt~e mobilehome park.
Commissioner Lawicki suggested staggered slats which would still allow light
and air circulation.
Commissioner H°rbst stated he would like to see the plans because the patios
could be designed in a way that they would not be usable. He added large
trees should also be planr_ed and added the project should be developed in a
manner so as not to interfere with the neighbors.
Mr. Hanna asked that that be included as a condition of approval. Chairman
McBUCney stated he did not think the Commission has to see the plans and they
could be approved by staff.
ACTIOt7: Commissioner Fry offered a motion, seconded by Commissioner Lawicki
and MOTION CARRIED (Commissioner La Claire absent) that the Anaheim City
Planning Commission has reviewed the proposal to rec:lassif.y subject property
f.r om the RS-A-43,000 (Residential, Agricultural) zone to the RM-1200
(Residential, Multiple-Family) zone to construct a 2-story, 13-unit apartment
building with waivers of maxittium structural height and maximum site coverage
on a triangularly-shaped parcel of land consisting of approximately 0.46 acreo
having a frontage of approximately 290 feet on the northwesterly side of
Placentia Avenue, and further described as 1261 North Placentia Avenue; and
does hereby approve the Negative Declaration upon finding that it has
cansideced 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.
5/11/87
MINUTES, ANAIiF.IM CITY PLANNING COMMISSION, MAY I1, 1987 87-396
Commissioner Fry offered Resolution No. PC 97-106 and moved for its passage
and adoption that the Anaheim City Planning does hereby grant Reclassification
No. 86-87-33 subject to Interdepartmental Committee Recommendations.
On roll call, the foregoing resolution was passed by the followin~a vote:
AYES: BOUAS, FRY, HERBST, LAWICKI, MC BURNEY, MESSE
NOES: NUNE
ABSENT: LA CLAIRE
Commissioner Fry offered Resolution No. PC87-107 and moved for its passage and
adoption that the Anaheim City Planning Commission does hereby grant Variance
No. 3656 on the basis that there are special circumstances applicable to the
property such as size, shape, topography, location and surr~~undings which do
not apply to other identically zoned property in the same vicinity; and that
strict application of the Zoning 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; and
further subjecr_ to the petitioner's stipulation at the public t~earinq to
submit revised plans indicating the patios facing away Erom the mobilehome
park r.o the north of subject property, and that all windows Facing west and
nortt- shall be adequately screened to prohibit visual intrusion into the
adjacent residential properties; ar~d to planting minimum 15-gallon trees in
the 5-foot wide buffer on tt~e north and west property lines, and that a 6-foot
high block wall shall be provided on the north and west property lines, and
that said revised plans shall be approved by th Planning Department..
On rol..l call, the foregoing resolution was passed by the following vote:
AYES: BOUAS, FRY, HERBST, LAWJCKJ, MC BURNEY, MESSE
NOES: NONE
ABSENT: LA CLAIRE
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. 4 EIR NEGATIVE DECLARATION, WAIVER OF CODE P.EQUIREMEtJT AND
CONDITIONAL USE PERMIT N0. 2882
PUBLIC HEARING. OWNERS: DARLE HALE AND ROBERT R. ALLEN, 3910 E. Coronado,
Unit B, Anaheim, CA 92807. AGENT: JAMES KINDERMAN, 3910 Coronado, Anaheim,
CA 92807. Property described as a rectangularly-shaped parcel of land
consisting of approximately 1.63 acre, 3910 East Coronado Skreet (Units F, H,
I and J) .
To permit a limousine manufacturing business with waiver of minimum number of
par~'~n^ spaces.
T' z no one indicating their presence in opposition to subject request
and ''`sough the staff report was not read, it is referred to and made a part
of the minutes.
Jim Kinderman, agent, was present to answer any questions.
5/11/87
.'
MINUTES, ANAHEIM CITY PLANNING COMMISSION, MAY 11, 1987 87-396
Commissioner Fry offered Resolution No. PC 87-106 and moved for its passage
and adoption that the Anaheim City Planning does hereby grant Reclassification
No. 86-87-33 subject to Intecdepartmenta.l Committee Recommendations.
On roll call, the foregoing resolution was passed by the following vote:
AYES: BOUAS, FRY, HERBST, LAWICKI, MC BURNEY, MESSE
NOES: NQNE
ABSENT: LA CLAIRE
Commissioner. Fry offered Resolution No. PC87-107 and moved for its passage and
adoption that the Anaheim City Planning Commission does hereby grant Variance
No. 3656 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 same vicinity; and that
strict application of t1~e Zoning Code deprives the property of privileges
enjoyed by other properties in the id~:ntical zone and classification in the
vicinity and subject to Interdepartmental Committee recommendations; and
further subject to the petitioner's stipulation at the public hearing to
submit revised plans indicating the patios facing away from the mobilehome
park to the north of subject property, and that all windows facing west and
north shall be adequately screened to prohibit visual intrusion into the
adjacent residential properties; and L•o planting minimum 15-gallon trees in
the 5-foot wide buffer on the north and west property .lines, and that a 6-foot
high block wall shall be provided on the north and west property lines, and
that said revised plans shall be approved by tl~ Planning Department..
On roll call, the foregoing resolution was passed by the Following vote:
AYES: BOUAS, FRY, HER9ST, LAWICKI, MC BURNEY, MESSE
NOES: NONE
ABSENT: LA CLAIRE
Malcolm Slaughter, Deputy City Attorney, presented the written right to appeal
the Planning Comm'_ssion's decision within 22 days to the City Council.
I'T'EM N0. 4 EIR NEGATIVE DECLARATION, WAIVER OF CODE REQUIF.EMENT AND
CONDITIONAL USE PERMIT N0. 2882
PUBLIC HEARING. OWNERS: DARLE FiAI~E AtaD ROBERT R. ALLEN, 3910 E. Corcnado,
Unit B, Anaheim, CA 92807. AGENT: JAMES KINDERMAN, 3910 Coronado, Anaheim,
CA 92807. Property described as a rectangularly-shaped parcel of land
consisting of approximately 1.63 acre, 3910 East Coronado Street (Units F, H,
i and J) .
To permit a limousine manufacturing business with waiver of minimum number of
parking spaces.
There was no one indicating their presence in opposition to subject request
and although the staff report was not read, it is referred to and made a part
of the minutes.
Jim Kinderman, agent, was present to answer any questions.
5/11/87
MINUTES, ANAHEIM CITY PLANNING COh1MISSION, MAY 11, 1987 87-397
THE PUBLIC HEARING VAS CLOSED.
Mr. Kinderman responded to Commissioner Herbst that he had read the conditions
and agrees with them.
Commissioner Messe asked for ^larification regarding the difference between
the industrial and commercial fee for the traffic signal assessment fee.
Debbie Fank, Assistant Traffic Engineer, explained the difference is charged
when the use is changed to a higher intensity traffic use. Commissioners
Herbst and Messe did not think the use should be considered as a commercial
use. Mr. Kinderman explained they purchase ttte vehicles and convert them and
then sell them to other dealers. He stated in some cares they do sell to the
public. Commissioner Messe stated in that case, this should be considered a
commercial use.
Commissioner Messe p,~inted out there can be no outdoor storage or any work
performed on vehicles outside the premises. He explained he has been by the
site and work was tieing performed on two .limousines outside.
Mr. Kinderman responded in most cases the vehicles are worked on inside the
premises and any work L•o be performed outside would be something that could be
done in five minutes or less and the vehicles seen were probably from another
use in the same complex, and L•hat he would not be working on the vehicles
outride.
ACTION: Commissioner Herbst offered a motion, seconded by Conunissioner Fry
and MOTION CARRIED (Commissioner La Claire absent) that the Anaheim City
Planning Commission has rev.tewed the proposal to permit a limousine
manufacturing business with waiver of minimum number of parking spaces on a
rectangularly-shaped parcel of land consisting of approximately 1.63 acres,
having a frontage of approximately 207 feet on the south side of Coronado
Street, approximately 702 feet west of the centerline of Van Buren Street, and
further described as 3910 East Coronado Street (Units F, H, I and J); 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 substantia] evidence that the project will
have a significant effect on the environment.
Dar le Hale, owner of subject property, referred to Condition No. 1 which
requires that the two driveways be reconstructed to accommodate 10-foot radius
curb returns and stated that poses a problem and they would like that
requirement waived since traffic is not a problem.
He explained reconstructing the driveways would require moving an existing
street light and water meter and added this use does not really generate very
much additional traffic.
Commissioner Herbst stated he did not think reconstructing the driveways would
be necessary, especially since the city meter and light standard would have to
be relocated. He stated he was by the property and did not see a problem.
5/11/87
Y
MINUTES ANAHEIM CITY PhANNING COMMISSICN,_MAY 11, 1987 - 87~,
Debbie Fank, AssiRtant Traffic Engineer, stated Traffic Engineering staff
would like that condition left in the approval and that they would work with
the petitioner and possibly the cadius could be less than 10 Eeet.
Mr. Hale stated he did not think that would accomplish anything and added the
driveways accommodate the vehicles very well at the present time. Debbie !•ank
stated the regrairement is not just for the volume of traffic, but is also to
accommodate the longer vehicles. Mr. Hale added this is really not an intense
use and traffic is not a problem.
G~mmissioner Herbst agreed the reconstruction of the driveways is not really
necessary and thrat he would delete that condition. tie pointed out the
building was ori.ginal.ly constructed in conformance with the City requirements.
Commissioner Herbst offered a motion, seconded by Commissioner Bouas and
MOTION CARRIED that the Anaheim City Planning Commission does hereby grant
walver of code requirement on the basis that r,he parking waiver will nok cause
an increase in traffic ~_ongestion in l•.he immediate vicinity nor adversely
affect any adjoining land uses and granting of the parking waiver under the
conditions imposed, if any, will not be detrimental to the peace, health,
safety and general welfare of the citizens of the City of Anaheim.
Commissioner Herbst offered Resolution No. PC86-108 and moved for its passage
and adoption that the Anaheim City Planning Commission does hereby grant
Conditional Use Permit No. 2882, pursuant to Anaheim Municipal Code Section
18.03.03.030 through 18.03.030.035, and subject to interdepartmental Committee
Recommendations, deleting Condition No. 1.
On roll call, the foregoing resolution was passed by the following vote:
AYES: BOUAS, I,RY, HERBST, LAWICKI, MC BURNEY, MF.SSE
NOES: NONE
ABSENT: LA CLAIRE
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. 5 EIR NEGATIVE DECLARATION AND_CONDITIONAL USE PERMIT NU. 2910
PUBLIC HEARING. OWNERS: ASNAUK RASTE GARi, ET AL, 1108 N. Acacia Street,
Anaheim, CA 92805. Property described as a rectangularly-shaped parcel of
land consisting of approximately 0.21 acre, 1108 Nocth Acacia Street.
To permit a child day-care facility for a maximum of 'l4 children.
Reza Gari, petitioner, stated she has
10 children and would like to expand
adequate teachers and area for 24.
a permit to have a day-care facility for
it co 24 children and that she has
Reza Afganhani stated he is a partner in this property and lives in the unit
at the rear of the property. He stated he is concerned that. when the parents
bring the children and drop them off, c.ney will block the gate he has to use
to get in and out of his unit and that creates an inconvenience for him and he
5/11/67
.. ~
MINUTES, ANAHEIM CITY PLANNING COMMISSION, MAY .11, 1987 _ 87-399
is not being compensated foc the use of the yard. t!e stated they have also
put in a fence and the City proposes to take 15 feet of the property. He
added he was not notified of this until he received the card regarding this
hearing.
Ma. Gari stated they Dave already asked ttie parents not to park in front of
his gate and they are very careful not to make any problems and she thought
al.l the problems hs~d been resolved.
Tt1E PUBLIC HEARING WAS CLOSED.
Commissioner Messe asked how the children are dropped off. Ms. Gari responded
they have a big driveway in front of the garage and that is where the parents
drop off the children. She stated she rould create a circular drive in the
front.
Commissioner Messe stated they back out onto Acacia and this request is to
double the number of children and he thought that would cause more problems.
Ms. Gari explained there is an area in front. ~f the kitchen area where she
could have a playground area. She responded to Commissioner Bouas and she is
a partner in this property with Mr. Afganhani and tie Lives in the rear unit
and she lives in the front unit and that is where the day-care center is
located and that it. is a big property.
Responding to Commissioner Bouas, Ms. Gari stated she dues not have the permit
from the state for 24 students as yet, but thought she has adequate square
footage and that she has 4 teachers and that is the requirement for 24
students.
Commissioner Bouas asked where the teachers park. Ms. Gari responded they
park on the driveway and that there is a two-car garage which is not used.
Commissioner Fry stated he would have a hard time approving this request
because he goes by that property every day and sees the problem with parents
dropping off the children and it scares him the number of times he has seen
the gars backing out onto Acacia and that he was surprised someone has not
been killed and it is a very dangerous situation.
Ms. Gari stated she could put in a circular drive, and Commissioner Fry stated
he thought that would be dangerous for the children. Commissioner. Messe
stated that would also eliminate a lot of the playground area. Ms. Gari added
she could use the fenced area by the pool for a playground area.
Debbie Fank, Assistant Traffic Engineer, stated if they could provide a
circular drive, it would be better, but she thought it would be difficult to
accomplish because of the size of the property and that it would be a very
tight radius. She explained the parents are supposed to park the car and take
the child inside and not just drop them of L•.
Commissioner Herbst suggested increasing the number to maybe 18, but not 24.
He stated from reviewing the plans, it appears they would be reducing the
playground area with the circular driveway and asked if the driveway could be
widened.
S/11/87
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MINUTES, ANAHEIM CITY PANNING COMMJSRIUN, MAY 1]., 1987 8400
Commissioner Meese orated he did not think he could vote for the approval of
this request without the circular driveway.
Commissioner Herbst stated he thought requesting 24 children is just overdoing
it but that he would consider. a slight increase.
Commissioner Fry stated he could agree with a reasonable compromise also.
Commissioner Bouas stated the state would have some requirements regarding the
playground size.
Ms. Gari stated she is planning to have two classrooms and separate the older
children and t.•hey will have breaks at different times. Stre stated she was not
sure of the state requirement for playground size.
Commissioner Herbst stated h1s. Gari needs to revise the plans to provide the
circular driveway and also get approval from the state. He asked about the
pool. Ms. Gari responded the pool is completely fenced.
Commissioner Bouas stated she would like to see the state approval before
approving this for 24 children. She asked how long the petitioner would need
to revise the plans and get the state approval. Ms. Gari responded she was
told to get the City's approval first. Malcolm Slaughter, Depuky City
Attorney, stated there may be a state requirement to have ttie City approval
first.
Commissioner Herbst stated he would like to see what the state requirements
are, if she cannot get the approval first. Commissioner Fry suggested Ms.
Gari contact state licensing department.
Paul Singer, Traffic Engineer, stated he thought the existing setback area is
not large enough to permit a circular driveway because the garage and house
would be too close, and there would not be enough space for one vehicle.
Malcolm Slaughter stated there is an additional problem in that the City is
requesting a 45-foot dedication which means after. dedication, only 10 feet
would exist from the sidewalk to the front of the garage.
Mr. Singer seated that is the area he is referring to; and that the
requirement is for a irrevocable offer to dedicate which the City may accept
at anytime. He stated this is a permanent use and if the owner improves the
property to be dedicated and continues using it until it is accepted by the
City, that could be a problem. Commissioner Fry stated that area will be used
only for a driveway.
Malcolm Slaughter stai.ed if the City accepted the offer, it could affect the
entire dropoff area.
Commissioner Herbst stated he would like to see revised plans, and
Commissioner. Fry suggested a four-week continuance.
Commissioner Bouas suggested Ms. Gari contact the State in the meantime to
determine what the requirements are.
5/11/87
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MINUTES, ANAHEIM CITY PLANNING COMMISSION, MAY 11, 1987 87-401
Annika Santa].ahti, Zoning Administrator, stated a copy of the state
requirements could be provided for the Commissi.on's review.
ACTION: Commissioner Bouas offered a motion, seconded by Commissioner Lawicki
and MOTION CARRIED (Commissioner La Claire absent) that consideration of the
aforementioned matter be continued to the regularly-scheduled meeting of June
8, 1987, in order for the petitioner to submit revised plans and additional
information pertaining to State requirements Eor day-care center.
ITEM N0. 6 EIR NEGATIVE DECLARA'PION ANU CONDITIONAL USE PERMIT N0. 29.11
PUBLIC HEARING. UWNERS: HAROLD BUTLER, ki. B. FOOD SERVICES, INC., 19455
Cajalco Road, Perris, CA 92370. Property described as a rectangularly-shaped
parcel of land consisting of approximately 0.61 acre, 1040 North Magnolia
Avenue.
To permit on-sale beer and wine in an existing drive-through restaurant
(Carmel's).
There was one person indicating their presence in opposition to subject
request and although the staff report was not read, it is referred to and made
a part of the minutes.
Harold M~•Grath stated he disagrees with the requirement to dedicate property
because they would have to relocate their sign, reduce the landscaping and
lose two parking spaces and right now they just meet the requirements. He
stated the property directly south is a multi-family apartment complex which
is built right to the property line and that dedication would cause a problem
with the use of the property and be detrimental to their property.
He slated Condition No. 2 requires driveway reconstruction and this i~ a
similar problem. He stated there was a conditional use permit originally
approved on this property on September 19, 1983, so this is a relatively new
building and these requirements should have been placed on the project at that
time.
Mr. McGrath stated he would also disagree with Condition No. 7 regarding
12-foot high lighting and that the lights are probably exceeding that height
now, but that is necessary for the safety of their patrons.
He referred to Condition No. 10 and stated the previous use of that property
was a miniature golf course and he did not think he could request termination
of that permit and at the present time that property is developed with an
80-unit apartment complex.
Chairman tdcBurney explained the r-ormal procedure is to request the termination
of any existing permits on the property.
Aubrey Pashley, owner of property on the corner of Magnolia and La Palma,
stated she is concerned about the sale of beer and wine because she has been
told this has become a dangerous neighborhood and they have had trouble
getting employees at the Der Weinerschnitzel because of that and she is
concerned about the safety of its employees and the persons who patronize the
business. She stated it seems this would make a bad situation even worse.
5/11/87
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MINUTE: ANAHEIM CITY Pi~ANNING COMMISSION MAY 11 1987 87-402
Mr. McGrath stated they have requested the sale of beer and wine because kheir
business appeals to an older crowd and they did receive signatures from 1,574
persons requesting the sale of beer and wine, and 6 were opposed. He stated
the beer and wine sales would amount to only 3$ of their sales.
Carmen Espinoza, owner, stated the Police records will show there have been a
lot of problems caused by the employees and customers of Wienerschnit2el and
they have damaged all their lights and landscaping. He stated he employs a
1c': of people and if the sale of beer and wine is permitted, it will help the
business, and that the beer will cost 1.75 to 2.00, so there will not be any
young people purchasing it; and that he has installed more lights and the
landscaping is taken care of and he tries very hard to take care of any
problems. He stated approval of this request will not hurt the City and his
property is clean and he has furnished the public the use of his restrooms.
THE PUBLIC HEARING WAS CLOSED.
Paul Singer, Traffic Engineer, explained the Critical IntersPCtion condition
is to make an irrevocable offer to dedicate 12 feet on Magnolia for widening
of the intersection. He explained an en~~ironmental impact report will rome
out in the fall and City Council will hold a public hearing and make findings
based on the EIR; and if that program is not implemented, this condition would
become null and void. He stated this condition does not affect the property
in any other way and is simply a requirement that an irrevocable offer to
dedicate be made. He stated if the Critical intersection program is approved,
following public hearings, and the findings of the EIP, are approved, the
property owners will not be responsible for cel.ocating any improvements and
that will be a burden on the City in the future.
Mr. Singer referred to Condition No. 2 requiring 10-foot curb radius returns,
and explained 1agnolia is a major arterial highway and all commercial
driveways have this new standard. He stated that was a requirement of the
originally approved conditional uge permit which was not complied with.
Greg Hastings, Senior Planner, explained Condition No. 7 is a standard
condition regarding lighting of a parking lot requiring that lights be no
higher than 12 feet and be directed away from residential property and there
is residential property to the south. He stated staff does n~~ have any
information as to whether or not the lights are higher than 1~ feet at this
time.
Chairman McBurney stated these are standard conditions required on all
properties and the only question relates to the driveway and that was a
requirement on the prev~„us permit.
Greg Hastings, Senior Planner, stated the permit to establish the
drive-through restaurant was granted December 13, 1982.
Mr.. McGrath stated he was rot aware of that requirement when they took
occupancy of the property. Chairman McBurney added he did not think that is
an unreasonable requirement and it was imposed on the previous permit holder.
Mr. McGrath stated it will reduce the widening, parking and landscaping.
5/11/87
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MINUTES, ANAHEIM CITY PLANNING COMMISSIONS IMY ll., 1987 _ _ _ 87-403
Paul Singer stated the driveway reconstruction has nothing to do with the
parking and landscaping and it is all in the public riytit of way.
Mr. McGrath asked the cast of reconstructing the driveway. Mr. Singer
responded he was not sure, but thought it was around 3,000.00.
Mr. McGrath stated thak would be a burden and hardship placed on this business
just for the privilege of the approval of the sale of beer and wine.
Malcolm Slaughter stated the present restaurant I~as been conducting business
pursuant to an existing Conditional Use Permit No. 2339 on which this very
condition was required and until the conditions have been met, they were nat
entitled to exercise the use granted under the terms of the permit, so it
appears they Dave hen getting away with something for r~ long period of time.
He stated the only way to adjust this would be for the ,;ommission to delete
that requirement of the original permit.
Commissioners Bouas and Messe stated the applicant indicated the lights ar.e
higher tt~ari 12 feet at the present time. Commissioner souas asked if there
have been any complaints from neighbors about the lights.
Mr. Espinoza stated khey have not had any break-ins ain~e they installed the
higher lights and that he was not q~+are of any complaints.
Fred Hartmann, partner/developer of the adjacent apartment property, stated he
was not. aware of the 10-fo~~t radius requirement for the driveways and these
pc~:itioners did not know there was a previous requirement for that
improvement. He stated the apartments to the sc~~th were built to the sidewalk
and there is no setback. He stated he felt the dedication should be discussed
when the City is ready to widen the street, and not in connection with a
request like this.
Commissioner Messe stated this dedication is being requested in connection
with the Critical Intersection program being considered.
Paul Si.nge,., Traffic Engineer, stated the critical intersection environmental
i-npact report is going to address the various problems, one being these
dedications, and this request is simply for an irrevocable offer of dedication.
Mr. McGrath stated they will make sure the lighting does not affecl• the
residential area. Greg Hastings stated this condition *equires that the
lighting does not affect the adjacent residential areas.
ACTION: Commissioner Fry offered a motion, seconded by Commissioner Bouas and
MOTION CARRIED (Commissioner La Claire absent) that the Anaheim City Planning
Commission has reviewed tt~e proposal to permit on-sale beer and wine in ar.
existing drive-through restaurant (Carmel's) on a rectangulaly-shaped parcel
of land consisting of approximately 0.61 acre, having a frontage of
approximately 166 feet on the east side of Magnolia Avenue, appr.oximatel.v 200
feet south of the centerline of La Palma Avenue and further. described a;~ 1040
North Magnolia Avenue; and does hereby approve the Negative Declarati.or upon
finding that it has considered the Negative Dec.iacation together with any
comments received during the public review process and f.ucther Fin~:.ng on the
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MINUTES, ANAHEIM CITY PLANNING COMMISSION MAY .11 1987 87-404
basis of t•he Initial Study and any comments re~r:ived that there In no
substantial evidence that ttre project will have a significant effect on the
environment.
Commissioner Fry offer.:i Resolution too. pC87-lU9 and moved for its passage Pnd
adoption that the Anaheim City Planning Commission does hereby grant
Conditional Use Permit No. 2911, pursuant to Anaheim Municipal Code Section
18.03.030.030 through ].8.03.030.035, subject to Interdepartmantnl Committers
recommenriations, except eliminating Condition No. 7, as long as the existing
lighting does not affect the residential neighbors.
On roll call, the foregoing resolution wa:s paHSt~d by the following vote:
AYES: BOUAS, FRY, HERBST, LAWICKI, MC HURNEY, MESSE
NOES: NONE
ABSENT: LA CLAIRE
Malcolm Slaughter, Deputy City Attorney, presented the written right to appeal
the Planning Cortrmission's decision within 22 days to the City Council.
THE FOLLOWING AC'PION WAS TAKEN AT THE BEGINNING OF THF: MEETING.
ITEM N0. '1 EIR NEGATIVE UECGARATIONr WAIVER OF CODE REQUIREMENT AND
CONDITIONAL USE PERMIT N0. 2912
PUBLIC HEARING. OWNERS: HAVAUJIA HOLDINGS, INC., 4150 E. La Palma Avenue,
Anaheim, CA 92807. Property described as a rectangularly-shaped parcel of
land consisting of approximately 0.41 acre located at the southwest corner of
La Palma Avenue and Richfield Road, 4150 East La Palma Avenue (Farmer Boy
Restaurant).
To permit a drive-thcouyh lane and on-sale beer in an existing restaurant with
waiver of minimum number. o`_ parking spaces.
It was noted the petitioner has requested a contir~ .once in order to submit a
parking demand study.
ACTJON: Commissioner Bouas offered a motion, seconded by Commissioner I,awicki
and MOTION CARRIED (Cummissioner La Claire absent) that considecati~n of the
aforementioned matter be continued to the regularly-scheduled meeting of May
27, 1987, at the request of the petitioner.
ITEM N0. 8 EIR NEGATIVE DECLARATION AND CONDITIONAL USE PERMIT N0. 2913
PUBLIC HEARING. OWNERS: HENRY AND ALBERTA WELLS, H. L. WELLS PARTNERSHIP
3860 Sherman Street, San Diego, CA 92110. Property described as an
irregularly-shaped parcel of land consisting of approximately 2.24 acres
located at the southwest portion of the southerly terminus of Burton Place,
1414 Burton Place.
To permit outdoor sale and rental of construction equipment with incidental
parts sales and service with waivers of minimum landscaped setback and
required site screening.
5/11/87
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MINU'"ES, ANAHEIM CITY PLANNING COMMISSIONS MAY 11, 187 _ 97'405
Michael Frazier, 18200 Yorba Linda Boulevard, Yorba Linda, repcesei~ting the
new owners, explained this is a contractor's equipment business and they sell
and possibly rent contractor's equipment and they are new products and they
are displayed along one of the boundaries which has visibility from the
freeway and one of the reasons fir purrhasing this property was the
visibility. He stated there is a condition requiring slatting of the fence
and that would limit the visibility of the equipment.
THE PUBLIC HEARING WAS CLOSED.
Mr. Frazier referred to Condition No. 15 requiring the 10-foot dedication
adjacent to the freeway and explained it is near. the 91 Freeway and State
Colleges ramp and that area is landscaped and maintainF~d by CALTRANS and this
10 feet of landscaping is not really necessary, and requested that condition
be eliminated,
Malcolm Slaughter, Deputy City Attorney, stated the Planning Commission can
impose additional conditions above those required, and those required by the
Building Code will be imposed, even if the Commission doesn't include them.
Greg Hastings explained Condition No. 8 is discussed in Paragraph No. 15.
Commissioner Herbst stated he thought the landscaping adjacent to the freeway
is not necessary.
ACTION: Commissioner Herbst offered a motion, seconded by Commissioner Bouas
and MOTION CARRIED (Commissioner La Claire absent) that the Anaheim City
Planning Commission has reviewed the proposal to permit outdoor sale and
rental of construction equipment with incidental parts sales and service with
waivers of minimum landscaped setback and required site screening on an
irregularly-shaped parcel of land consisting of approximately 2.24 acres
located at the southwest portion of the southerly terminus of Burton Place,
approximately 75U feet west of the centerline of State College Boulevard and
further descrihed as 1414 Burton Place; 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 5asis 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.
Commissioner Messe stated if the equipment is really above the height of the
fence and stated he did not see the hardship to allow such a waiver. Mr.
Frazier stated the larger equipment is visible above the fence and they want
it to be seen.
Commissioner Herbst offered a motion, seconded by Commissioner Bouas and
MOTION CARRIED (Commissioner La Claire absent) that the Anaheim City Planning
Commission does hereby grant waivers of Code requirement on the basis that
there are special circumstances applicable to the properi~.y such as size,
shape, topography, location and surroundings which do not apply to other
identically zoned property in the same vicinity; and that strict application
of the Zoning Code deprives the property of privileges enjoyed by other
properties in the identical zone and classification in the vicinity and
subject to Interdepartmental Committee recom^~endations.
5/11/87
87-406
MINUTES, ANAFIEIM CITY PLANNING COMMISSION MAY 11 1987 ,
Commissioner Fry offered Resolution No. PC87-110 and moved Eor i~sanpassage and
adoption that the Anaheim City Planning Commission does hereby g
Conditional Use Permit No. 2913, pursuant to Anaheim Muni cipal Code Section
18.03 030.030 through 18.030.030.035, and subject to int a zr:partmental
Committee Recommendations, eliminating Condition No. 8.
On roll call, the foregoing resolution was passed by the following vote:
AYES: BOUAS, FRY, HERBSTr LAWTCKI, MC BURNS`!, MESSE
NOES: NONE
ABSENT: LA CLAIRE
Malcolm Slaughter, Depur-y City Attorney, presented the w rltten right to appeal
L•he Planning Commission's decision within 22 day=. to the City Council.
ITEM N0. 9 EIR NEGATIVE DECLARATION AND CONDITIONAL USE PERMIT N0. 2915
PUBLIC HEARING. OWNERS: HENRY W. H. YU AND VIVIAN SHA'vJ YU, 1800 W. Loop
South, Suite 975, Houston, Texas, 77027. AGENT: Ei. TACO OF CA -CHARLES W.
TWOGOOD, 7105 Paramount Boulev~.rd, Pico Rivera, CA 90660. Property described
as a rectangularly-shaped parcel of land consisting of approximately 0.43
acre, 615 South Euclid Street (E1 Taco).
To retain a drive-through facility and outdoor seating area Eor an existing
walk-up restaurant.
There was no one indicating their presence in opposit ~n to suuject request
and although the staff report was not read, it is refer red to and made a part
of the minutes.
Jim Skaug, 275 Lower Cliff Drive, Laguna Beach, asked that Condition No. 7 be
modified to allow the improvements to be ccmp=eted with in 180 days rather than
90 days because they have sc~~e conflicting schedules.
Malcolm Slaughter stated Planning Commission can modify that condition.
THE PUBLIC HEARING WAS CLOSED.
ACTION: Commissioner Fry offered a motion, seconded b_y Commissioner Lawicki
and MOTION CARRIED (Commissioner La Claire absent) that the Anaheim City
Planning Commission has reviewed the proposal to retain a drive-through
facility ,end outdoor seating area for an existing walk -up restaurant on a
rectangularly-shaped parcel of land consisting of app, oximately 0.43 acre,
having a frontage of approximately 121 feet on the west side of Euclid Street,
approximately 190 feet south tai the centerline of Oran ge Avenue, andoverther
described as 615 South Euclid SL•reet (E1 Taco); and do es hereby app
Negative DeclaraL-ion upon finding that it teas consider ed the Negative
Declaration together with any comments received during the public review
process and further finding on the basis of the Initia 1 Study and any comments
received that there is no substantial evidence that the project will have a
significant effect on the environment.
5/11/87
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MINUTES ANAHEIM CITY PLANNING COMMISSION MAY 11 1987 87-407
Commissioner Fry offered Resolution No. PC87-111 and moved for its passage and
adoption that the Anaheim City Planning Commission does Hereby grant
Conditional Use Permit No. 2915, pursuant to Anaheim Municipal Code Sections
1.8.03.030.030 through 18.03.030.035, subject to interdepartmental Committee
Recommendations, witty modification to Condition No. 7, requiring improvements
to be made with in 180 days rather than 9U days.
On roll call, t h e foregoing resolution was passed by the following vote:
AYES: BnUAS, FRY, I~ERBST, LAWICKI, MC BURNEY, MESSE
NOES: NONE
ABSENT : LA CLA I RB
Malcolm Slaughter, Deputy City Attorney, presented the written right to appeal
the Planning C ommission's decision within 22 days to the City Council.
ITEM N0. 10 REPORTS ANU RECOMMENDATIONS:
E. PROPOSED CODE AMENDMENT - Request from Jim Shab, Global
Telecommu nications, to amend the Code to permit the installation, repair
and sales of mobile telephones as a permitted industrial use.
It was noted this action was approved at the April 13th meeting with a
motion and it should have been a resolution.
ACTION: Commissioner Herbst offered Resolution No. PC87-1.12 and moved
for its passage and adoption that the Anaheim City Planning Commission
does clay ify land use regulations and determines that the installation,
repair and sales of mobile telephones as a permitted arse in the ML zone
is not appropriar.e.
On roll c all, the foregoing resolution was passed by the following vote:
AyE$: BOUAS, FRY, HERBST, LAWICKI, MC BURNEY, MESSE
NOES : NONE
ABSENT: LA CLAIRE
Malcolm Slaughter, Deputy City Attorney, presented the written right to
appeal t h e Planning Commission's decision within 22 days to the City
Council.
PUBLIC INTEREST:
There was no one present indicating a desire to speak.
OTHER DISCUSSION: Chair man McBurney stated the Planning Commission has
received a letter from the school district indicating their concern about the
approval of additional apartment units because the movement of children in and
out of the s ch ools is having an effect on their ability to provide proper
education.
5/11/87
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MINU'PES ANAHEIM CITY PLANNING COMMISSION MAY 11 1987 87-408
Greg Hastings pointed out the Commission had '~~dicated a desire to meet at
9:30 a.m. at the next meeting in order t~ discuss Transportation Systems
Management.
ADJ OURNMENT: Commissioner Herbst offered a motion, seconded by Commissioner
Bouas and MOTION CARRIED (Commissioner La Claire absent) that
the meeting be adjourned. The meeting was adjourned to 9:30
a.m., May 27, 1987.
The meeting was adjourned at 2:50 p.m.
Respectfully submDitted,
G~;l~ v( ~~~qi
Edith L. Harris, SecreL•ary
Anaheim City Planning Commission
5/11/87