Minutes-PC 1988/07/06~ _.
MINUTES
CITY OF ANAHEIM PLANNING COMMISSION
Date: July 6, 1988
The regular meeting of the City of Anaheim Planning Commission was called to
order at 10:00 a.m., by the Chairman in the Council Chambers, a quorum being
present, and the Commission reviewed plans of the items oa today's agenda.
RECESS: 11:45 a.m.
kECONVENED 1:35 p.m.
COMMISSIONERS PRESENT: Chairman Messe
Bouas, Boydstun, Feldhaus, Berbst, McBurney
COMMISSIONERS ABSENT: Carusillo
ALSO PRESENT: Anaika Santalahti
Joseph Fletcher
Arthur L. Daw
Debbie Vagts
Greg Hastings
Mary McClosky
Paul Singer
Tom Rirker
Edith Harris
2oniag Administrator
Deputy City Attorney
Deputy City Engineer
Housing Operatioaa Coordinator
Senior Planner
Senior Planner
Traffic Engineer
Electrical Engineering
Planning Commission Secretary
AGENDA POSTING: A complete copy of the Planning Commission agenda was posted
at 10:00 a.m., July 1, 1988, inside the display case located is the foyer of
the Council Chambers, and also in the outside display kiosk.
PUBLIC INPUT: Chairman Messe explained at the end of the scheduled hearings,
members of the public will be allowed to speak oa items of interest which are
within the jurisdiction of the Planning Commission and/or agenda items.
ELECTION OF CHAIRMAN AND CHAIRMAN PRO TEMPORE
Chairman Messe thanked the other Planning Commissioners for their hard work
and support during the past year and also Planning Department staff, is
particular, Edith Harris for her work during adverse conditions with the
computer going down, long meetings, etc.
Chairman Messe opened the nominations for Chairman, Commissioner McBurney
nominated Mary Bouas, Commissioner Herbst moved that the nominations be
closed, and Chairwoman Bouas was elected unanimously. Chairwoman Bouas
assumed the chair and thanked Commissioner Messe for his year as Chairman and
opened the nominations for Chairman Pzo Tempore. Commissioner Messe nominated
Commissioner Herbst as Chairman Pro Tempore, Commissioner McBurney moved the
nominations be closed, and Commissioner Herbst was elected unanimously as
Chairman Pro Tempore for the 1988-69 year.
APPROVAL OF MINUTES: Commissioner Messe offered a motion seconded by
Commissioner Herbst and MOTION CARRIED (Commissioner Carusillo absent) that
the minutes of the meeting of April 25, 1988, be approved as submitted.
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MINUTES, ANAHEIM CITY PLANNING COMMISSION, JULY 6, 1988 Page 2
ITEM N0. 1. - GENERAL PLAN AMENDMENT N0. 241. CEOA NEGATIVE DECLARATION,
RECLASSIFICATION N0. 87-88-49. AND VARIANCE N0. 3793.
PUBLIC HEARING: OWNERS: JOHNNIE J. TURER 6 SHURLA B. TURER, 1234 S. Western
Avenue, Anaheim, CA 92804; RUDOLPH L. EDWARD DOLEZAL, 1226 S. Western Avenue,
Anaheim, CA 92804; AUSTELL SMITH, 1238 S. Western Avenue, Anaheim, CA 92804;
and, JOHN LLOYD McGOLDRICR, JR., b LINDA JEAN McGOLDRICR, 3159 Lanerose Drive,
Anaheim, CA 92804. AGENT: ANDREW HOMES, INC., ATTN: MIRE NEWAR, 4000
MacArthur Blvd., Newport Beach, CA 92660. LOCATION: 1226, 1234, 1238 S.
Western Avenue and 3:159 W. Lanerose Avenue.
GPA Request: Amendment to the Land Use Element of the General Plan proposing
a redesignation from the current Low-Medium Density Residential designation to
a Medium Density Residential designation.
Reclassification: RS-A-43,000 to RM-1200 or less intense zone.
Variance: Waiver of a) minimum building site area per dwelling unit; b)
maximum structural height (deleted); c) mazimum site coverage; d) minimum
building setback; e) minimum recreational/leisure area; f) minimum dimension
of ground floor private patios (deleted); and, g) minimum number of parking
spaces to construct a 2-story, 31-unit condominium complex.
There were approximately I00 persons present in opposition to subject request.
Al Marshall, 4000 MacArthur Blvd., Newport Beach, explained originally they
presented a project requesting amendment to the General Plan for medium
density residential and a reclassification. He stated after having three
meetings with the neighbors, and following the first Planning Commission
meatiag, they have revised the proposal to a condominium project for 31 units
which about 1/2 the original proposal. He stated they are trying to find a
middle of the road solution which the property owners will be happy with and
that the adopted General Plan designation is for low-medium density
residential. He stated their intent was to bring in a home-ownership Project
and they have had several meetings with the neighbors and that he understood
the last meeting was not very successful. He stated they are in the process
of revising the plans again in order to answer some of the neighbors concerns,
in particular closing the access on Lanerose with access to be on Western and
they were proposing to increase the street width and add two left turn lanes
on Western.
He pointed out they have been able to eliminate some of the waivers from the
original request, down to two, but that staff has not had a chance to review
the revised plans and the waivers requested are still shown.
He pointed out the zoning difference between RM-3000 and RM-2400 is that these
would be homeownership condominiums and would be more compatible with the
neighborhood than rental units. He stated there was concern by the neighbors
that a lower quality unit would bring down their property value. He stated
they are revising the plans but are here today to ask that the Commission
advise them of their feelings between RM-3000 and RM-2400 so they can bring in
a good quality RM-1200 homeownezship project.
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MINUTES ANAHEIM CITY PLANNING COMMZSSIOIV NLv 5 1988
Mr. Marshall stated they had presented this plan to the neighborhood and they
have not changed the number of units but did change the configuration. He
stated the concept is still the same and the final plans are to done but they
are not requesting a continuance. He stated this would be a similar project
with a townhome style condominium unit. He pointeu ouY. they would like to
have access on Western Street.
Commissioner Messes stated he would be reluctant to vote on a project without
seeing the final plans.
Mr. Marshall stated they are requesting the Commission to review the project
before them and that they were making changes to the plans when they realized
some of the waivers had been eliminated. He stated they are now going through
the second change to reduce the number of waivers.
Greg Hastings, Senior Planner, stated if the Commission approves these plans
and additional plans are brought in which are not in substantial conformance
with the presented plans, staff would request L•he Commission to review them.
He noted staff has only seen the plans presented on the wall.
Art Stahovich, 805 Ramblewood Drive, stated he is a builder and developer and
this developer is requesting things that no one else has been able to do. He
stated he wanted to compliment the Planning Commission for their consideration
and that he realized the opposition is getting loud, but the Planning
Commission does listen to everyone. He stated he is not opposed to progress,
however, he wanted to point out that this developer is not well informed about
this property and he is trying to get plans approved when they are not even
available. He stated he would not trust the developer with anything the
Commission has not seen.
He stated this developer is always talking about quality projects for the
neighborhood with the homeowners and asked how many other units they have
constructed and are ready to be sold. He said he would like to see this
developer have to abide by the rules and regulations, because everyone else
has had to abide by the rules instead of being given variances. He stated
right now the neighbors want to see slow growth and he thought this project is
just too much on too small a lot.
Frederick Chow, 1313 Gary Street, stated there are three houses being
demolished in order to develop this proposed project. He stated he would like
to thank the Commission for the privilege of speaking with them and that he is
present on behalf of his neighbors who were unable to attend the meeting, but
who feel the changes proposed will impact them in a negative way. He stated
they are afraid the neighborhood will be eroded and become undermined if the
wishes of the developer are granted. He stated the rules and statues come
into being to protect and benefit those that reside within their
jurisdiction. He stated the action proposed by the developer would put
condominiums abutting their properties and that over the past years the
Planning Commission has held to the single-family homes. He stated the low
density requirements and present zoning should be retained and the Commission
must not give way to these kinds of developments with zone changes and
variances. He stated the developer has stated he would sell the project as
soon as possible and would not be around to notice the demise of
neighborhood. He stated the Planning Commission members are the guardians of
their neighborhoods in the City of Anaheim and they do not like to see this
happen. 7/6/88
MINUTES, ANAHEIM CITY PLANNING COMMISSION, JULY 6, 1988 Page 4
Jamie Fowler, 1339 Gary Way, stated from Beach Boulevard to Knott Avenue and
from Ball to Cerritos, within walking distance of each other are 1,385
apartment units and that is not a surprise to the people in that area because
they do have traffic concerns and are worried about their children getting to
school xithout being hit. She stated the Anaheim Police Department considers
this a medium crime area and that they would like to keep additional people
out of their area who might bring in those kinds of crime and other problems.
She stated this proposal is for 31 units and asked how many more are going to
be requested noting they all add up to a lot of people. She stated they came
from another County to avoid these problems which they xere facing there, and
now they are fighting to keep their single-family residential neighborhood.
She. stated every time a developer drives through west Anaheim and sees a
vacant property, he sees dollar signs, and thinks he can do something else
with the property and they don't want to see this happening *_o their
aeighborhoo~3.
Isaac Garcia stated he lives three short block from Laaerose Stree±• and he
cannot add much to what has already been said. He stated his personal
experience in living in that area and coming out onto Laaerose is a lot of
traffic, and another street coming out onto Western would be a problem. He
stated he has been in that area since 1957 and it is impossible to get our.
onto Western now without waiting for several minutes. He stated this area has
been plagued by accidents and traffic congestion and it does create another
exit onto that street and that would not be a safe condition. He stated
Western should be widened as it is now and he did not want to see more traffic
added. He stated there have been a number of apartments built in that area
and there is a hospital about 1/2 to 1/4 mile away to the north and the
majority of the traffic is the school children and people who come to the area
now are beginning to make it look like other areas of Los Angeles with a lot
of graffiti and he felt bringing in more people will increase that problem.
He pointed out trash is being dumped on Western Avenue now. He stated traffic
is a problem, and with school children walking in the area, safety is a
concern with transients etc. coming into that area. He referred to
establishments in the area with game machines where the children can play
until late at night. He stated he has been paying tares since 1940 and has
been in Anaheim since 1957 and thought the Planning Commissioners should
listen to the taxpayers who have been paying taxes in this community for many
years.
Howard Massey, 1334 Garnet, stated the neighbors have all gotten together
because they feel strongly about this proposal. He stated he has been
delegated to talk about the traffic problems but that does not mean he is not
concerned about other things. He stated traffic safety is of great concern,
and the area where this project is proposed is saturated, and it is more or
less land-locked. He stated the traffic cannot dump out onto Ball Road and
they have to have access either on Western or Laaerose. He stated a major
problem is Western and Ball which is highly coagesred. He stated he has lived
there since 1959 and that is a dangerous intersection where people have been
killed. He stated tbey are now talking about making left turn lanes within
200 yards of that intersection which will stop traffic and he does not think
that is a good situation; that the traffic xill enter the tract and go
straight down Garnet or back through their neighborhood street because of the
parking problems. He stated parking is always a problem with condominiums or
apartments and that children do play in the streets and it is not like Western
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MINUTES ANAHEIM CITY PLANNING COMMISSION JULY 6 1988 P
and Ball Road where there are no children playing. He stated right now there
are people parking in front of their homes where the children are playing and
there are many grade school aged children in that area with a lot of new
families. He stated Garnett is not a thru street which will force traffic
down onto Ravenwood.
He referred to recent articles in the Orange County Registr,r about the
Ridgewood Apartments where the neighbors have gotten together t~ build a fence
across the street and the Traffic Engineeer said the street would be closed
due to the increase in noise and the intrusion into the homeowaer~~
properties. He stated they are interested in keeping their neighborhood safe
and single family, and hoped the Planning Commission would vote against the
variances.
Mr. Massey stated they have met with the developer and the developer was not
prepared for the type of support the neighbors are showing in keeping this
project out of the neighborhood. He stated they have met twice with the
developer, and the developer has said they want to work with the neighborhood
and not upset the neighbors and want to be a part of the neighborhood. He
stated if that was true, none of these neighbors would have to be present
today.
He stated within thirty days the developer has switched from apartments to
condominiums, and they realize that is the developer's method of operation and
apparently this is not the first time that has happened. Ae stated he had a
second meeting with the developer and they did propose the condominiums,
however, the neighbors are still concerned about the increased density and a
lot of them have 'lived in the area, which has been zoned RS-7200 for many
years, and most of the high density that has been approved has been on Ball
Road and not in their neighborhood, but it has increased the traffic into
their neighborhood. He stated they would request the Planning Commission deny
these variances. He stated he believes developers do not respect the
neighbors concerns and that they do appeal these actions to the City Council
and he did not feel the Planning Commission should believe what the developer
says.
Marion Thompson, 1325 South Garnet, stated she is an original property owner
since March, 1959, and referred to the final subdivision public report issued
by the Division of Real Estate dated January 30, 1959, which refers to the
flood and drainage in the area and that the Flood Control District advises,
that in it's opinion, that property is subject to sheet overflow drainage and
it was an open channel at one time and that aingle family homes would be the
only use acceptable, because of that drainage problem. She presented a copy
of that report to the Planning Commission for their review.
George Brott, 3306 W. Glen Holly Drive, stated he vas glad they were included
in the General Plan study area and that the neighbors have all banded together
because they feel there are too many of these postage stamp size lots being
offered at high prices to keep tho homeowners interested with the contingency
that they can develop that site to its mazimum, and that the developers do not
care anything about the neighbors or the people who are living in that area,
and their concern is profit and greed. He stated they originally came in with
66 units and dropped that right down to 31 and came back xith 24 and now for
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MINUTES ANAHEIM CITY PLANNING COMMISSIOi' "" " 6 1988 P
18, and the neighbors still feel that would be too many. He stated there is a
156-unit project off Knott and Savanna and north of that there are 54 units
under construction and stated again they are banding together and hope the
Planning Commission will listen to what the people have to say.
Russell Henson, 1302 S. Western, stated he would be the new neighbor fox this
development if it is approved and presented pictures to acquaint the
Commissioners with the neighborhood, and also a map of the area pointing out
in red the area from which the pictures were taken. He stated their
neighborhood is not a transitional area and has stable residents who have been
there 20 to 29 years, with no desire to change the character of the
neighborhood, and they do not want more people to be moving in bringing in
problems.
He stated the problem with this development is that it would put its tentacles
into neighborhood; and that the developers are making offers on parcels of
property at the end of the cui-de-sacs and in this case that will help add
high density apartments to this area. He referred to the photographs which
show single family residences and noted they now have pictures taken of the
property which Newport Pacific is developing at 3160 Ball Road and from the
back sides of those apartments, the pictures will show what they will be
looking at. He stated the developer is trying to ignore the neighborhood and
there seems to be a problem with the property west of Beach Boulevard not
being considered a part of Anaheim.
He stated the neighbors were interested that they would not be encroaching
into their single-family RM-7200 neighborhood, but they want to put in RM-2400
which is the highest density which can be developed. He stated that will add
to the traffic, which is so bad now he is afraid to turn into his driveway.
He stated they have approached the Traffic Engineer to study the possibility
of putting in a continuous left turn lane on Western from Buena Park to
Stanton, and if these residents have to make a left hand turn, it will back up
traffic even though there are turn lanes and it will slow traffic through the
crosswalk of Ball and Western and that every child has to walk through that
crosswalk to get to school and if they have after school activities they are
walking in the area at peak demand time and that the high school entrance
crosswalk is close to that area.
He referred to pictures of the subject property and pointed out it is not an
eyesore and is a beautiful property and does add to the neighborhood. He
stated the picture he likes best is the one where the property is being used
as is currently coned for, RS-A-43,000, with a peach stand out front where
they are selling peaches raised and grown right on that property. He stated
that is what it is zoned for and what it is currently being used for, and the
Commission should require justification from these developers in order to
change the zoning and the Commission should not continue to be dragging
neighbors out to these meetings. He stated they did a survey in the
neighborhood and it shows 90 - 95~ of all the residents oppose high density.
Al Marshall stated they have come in with a home ownership project and stated
this area and the surrounding property on two sides is designated on the
General Plaa for RM-2400 and noted that he will come in with an RM-2400
project with ao waivers and will be requesting reclassification. He stated
the home ownership concept is one they feel should be acceptable and that it
would be an attractive project and compatible with the neighborhood a7d6~88t
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MINUTES ANAHEIM CITY PLANNING COMMISSION NLY 6 1988 Paae 7
the townhome type attracts responsible people and not transients as
suggested. He stated the project would be sold to individual ownerships, and
those owners would take pride in their home. He stated that is a medium crime
area, and the neighbor's concern is keeping people out who xould add to that
problem, and they do not think these apartments would contribute to that
problem because they are ezpeasive and they would be screening their
tenants.He stated he has no control over crime in the area, but they do not
feel the sort of people who xould be purchasing these properties would add any
crime to the area.
He stated they have tried to work with the neighborhood and find a viable
solution to the problem with an RM-2400 project which is as upgrade to
condominiums. He stated one person indicated that the developer does not
respect the judgement of the Planning Commission but in looking at the
judgement which the Planning Commission has had is the past, this property has
been designated for this type development on the General Plan. Ae stated they
do have a right of appeal to the City Council. He stated the businesses
behind the liquor store and game machines oa Ball Road are not their concern
and they would be addressing the trash concern and noise from their project in
compliance with Building Codes.
He stated they thought the people who have lived there for a long time would
be more please with a homeownership project because those owners would take
pride in those units since they rorould be their first home and were the only
one they could afford. He stated the density is a concern and they are eat
bringing in a project that they would consider a high density project. He
stated they would normally build apartments rather than condominiums and would
not build these condominiums unless they felt they would be suitable to the
neighborhood. He stated the neighborhood was concerned, otherwise, they would
not have reduced the waiver and changed the project to condominiums and they
could just request reclassification to the adopted General Plan designation
now. He stated continuous left turn is something they did propose and have
spoken to Mr. Singer also and have agreed to pay for restripinq and
reconfiguration. He stated it is unfortunate people are killed in automobile
accidents and that he has had friends killed himself but that they are not the
cause of that and this is not as issue here today.
He stated they will be attempting to provide something oa this property that
is in conformance xith the General Plan sad this is a better project with
homeownership.
Magdy Aaana, developer, stated he understands the City does not have a zone
for the project they are proposing, however, the Planning Commission and City
Council both have talked about the possiblity of bringing homeownership
instead of rental units into the area and they are trying to go along with
those concerns; and that one Council member has actually said they do not
mind RM-2400 or something lower because of the density and that Anaheim has
attracted a lot of apartments, because of the RM-1200 zone, but now feel they
would like to see some homeownership and that is what they are proposing. Ae
stated they normally build apartments and they have had many projects approved
and some are under construction and asked if the Planning Commission would
like to see apartments built under the RM-2400 zoning with no waivers
consistent with the General Plan. He stated the street has to be changed and
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MINUTES, ANAHEIM CITY PLANNING COMMI~$ION. JULY 6, 1988 Paqe 8
the changes are happening right now and there are ezistinq RM-1200 units on
that street and there are different uses on the street and they are proposing
to change to single family lots and that it would conform to the area and he
felt home ownership project is a viable project. He stated he would be
agreeable to withdrawing the application or asking for continuance and coming
back in with an RM-2400 project in conf4~rE~aace with Code.
THE PUBLIC HEARING WAS CLOSED.
Responding to Commissioner Feldhaus, Greg Hastings explained the developer can
request a continuance up until the time of the meeting.
Commissioner Feldhaus stated he felt the procedure for continuances should be
reviewed because he did not like to see members of the public take off work
and come to these meetings, only to find out the developer has requested a
continuance at the last minute and the matter will not be heard. He added he
felt they should be renotified, and perhaps that the developer should pay for
the renotificatioa if the continuance is within his control. He noted this
developer is requesting two continuances today.
Commissioner Herbst stated he has been on the Commission for many years and
realizes that a property can be rezoned and the project proposed doesn't have
to be developed and that he would not be in favor of RM-1200 nosing under any
circumstances and would prefer to see the property rezoned to RM-3000.
He stated the RM-3000 Zoae was adopted becaLSe de~alopera xere purchasing
apartment complezes and turning them into coadaminiums and an emergency
ordinance was passed to require certain standards in order to make the
difference between apartments and condominiums with more recreational space
required, etc.
Commissioner Herbst stated this project as presented is nothing more than
required for apartments and there is no reason the units could not be rented
as apartments and he was sure they would be rented, if they are not sold. He
added he is not in favor of granting waivers from the condominium standards.
He stated they can develop 18 to 20 units with no waivers in the RM-3000 Zoae;
and pointed out that area is zoned RS-7200, but has apartments on both sides;
and that Western is heavily traveled, but he still felt it could be developed
as RM-3000 very nicely.
Commissioner Messe stated the Planning Department staff is currently
conducting a study regarding condominium standards and the Commission should
not be approving this type request until that study is finished.
Mr. Hanna requested a continuance in order to consider revising the plans for
an RM-3000 project with no waivers to see if it is possible to provide home
ownership in the City of Anaheim.
Commissioner Herbst stated be would not be in favor of a continuance but would
offer a reclassification to RM-3000 and then they can develop a project
without any waivers without coming back to the Planning Commission.
Greg Hastings explained the Commission could grant the reclassification to
RM-3000 and deny the General Plan Amendment sad Variance.
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MINUTES,~NAAEIM CITY PLANNING COMMISSION JULY 6 1988 P
Paul Singer, Traffic Engineer, stated in order to provide left turn access in
a safe manner at Western, it would be necessary to install a continuous left
turn lane and that would require eliminating parking on both sides between
Ball and about three houses south of Lanerose. He added he has requested the
applicant to obtain a petition signed by the majority of property owners along
that street in order to facilitate the continuous left turn lane and removal
of parking on Western which is necessary to provide safe access for a high
density area; otherxise, access would have to be from Lanerose.
Greg Hastings ezplained 23 units would be permitted in the RM 3000-Zone.
Chairwoman Bouas pointed out there is also the question of drainage and serer
capacity and asked if that xas discussed by the staff. Mr. Hastings responded
he did not think those issues had came up at the interdepartmental Committee
meeting.
Chairwoman Bouas stated the report given to the Commission is old and the
drainage needs have changed.
Paul Singer stated xith RM-3000 developmenC, there would be 30 left turns
during the highest peak from Western Avenue and there would still be the need
for a continuous left turn lane, and he thought the property owners would be
happy to see that done and would sign a petition; but was sure the people in
the apartments which face Western would not want to see the parking eliminated.
Mr. Hanna stated be would qo along with approval of the reclassification to
RM-3000 and then come is with a condominium development to code standards.
ACTION: Commissioner Herbst offered a motion, seconded by Commiaaioaer Messe
and MOTION CARRIED (Commissioner Carusillo absent) that the Anaheim City
Planning Commission has reviewed the proposal to consider an amendment to the
Land Use Element of the General Plan proposing a redesignation from the
current Low-Medium Density Residential designation to Medium Density
Residential and to reclassify subject property from the RS-A-43,000
(Residential, Agricultural) Zone to the RM-1200 (Residential, Multiple-Family)
or a less intense zone to construct a 2-story, 31-unit condominium complez
with waivers of minimum building site area per dwelling unit, mazimum
structural height (deleted), maximum site coverage, minimum building setback,
minimum recreational/leisure area, minimum dimension of ground floor private
patios and minimum number of parking spaces on an irregularly-shaped parcel of
land consisting of approzimately 1.6 acres located at the northeast corner of
Lanerose Drive and Western Avenue, and further described as 1226, 1234, and
1238 South Western Avenue and 3159 West Lanerose Drive; 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 oa 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.
Art Daw, Deputy City Engineer, stated there are no problems with drainage and
sexers in that area and that this project would not cause any additional load.
Commissioner Herbst offered Resolution No. PC 88-171 and moved for its passage
and adoption that the Anaheim City Planning Commission does hereby deny
General Plan Amendment No. 241.
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uTUrrrrc ANAHEIh CITY PLANNING COMMISSION JULY 6 1988 Page 10
On roll call, the foregoing resolution was passed by the following vote:
AYES: BOUAS, BOYDSTUN, FELDHAUS, HERBST, MC BURNEY, MESSE
NOES: NONE
ASSENT: CARUSILLO
Commissioner Herbst offered Resolution No. PC 88-172 and :roved for its passage
and adoption that the Anaheim City Planning Commission does hereby grant
Reclassification No. 87-88-49, as modified, to the RM-3000 (Residential,
Multiple-Family) Zone rather than RM-1200 (Residential, Multiple-Family) as
requested, subject to interdepartmental Committee Recommendations.
Oa roll call, the foregoing resolution was passed by the following vote:
AYES: BOUAS, BOYDSTUN, FELDHAUS, HERBST, MC BURNEY, MESSE
NOES: NONE
ASSENT: CARUSILLO
Commissioner Herbst offered Resolution No. PC 88-173 and moved for its passage
and adoption that the .Anaheim City Planning Commission dogs hereby deny
Variance No. 3793 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 identically zoned property iu 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.
On roll call, the foregoing resolution was passed by the following vote:
AYES: SOUAS, AOYDSTUN, FELDHAUS, HERBST, MC BURNEY, MESSE
NOES: NONE
ASSENT: CARUSIL~J
Mr. Moatalvano stated the Commission has just given this developer something
he did not even request and it will just open the door to bring in units which
they do not xant. He stated condominiums are owned individually, but is a lot
of cases, they are rented to someone else.
Commissioner Messe explained the reclassification to RM-3000 will limit the
number of units that can be developed on that property.
Item No.l was heard following Item No. 2 and the recess was after the hearing
on Item No. 1
Recess: 3:15 p.m.
Reconvened: 3:25 p.m.
7/6/88
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LtT NrrTFS A-7AHEZM CI-- -
ITEM NO 2 CEOA NEGATIVE DECLARATION RECLASSIFICATION NO 87-88-50,f~N,~
VARIANCE NO 3794.
ITEM H0. 2 was heard before Item Ho. 1.
PjiBLIC HEARING: OWNERS: JOSEPH H. MARABZ AND JALEH J. MARABI, ET AL, 3333,
3335 and 3335 1/2 W. Ball Road, Anaheim, CA 92803. AGENT: MAGDY HANNA, 4000
MacArthur Blvd., 11680, Newport Beach, CA 92660. LOCATION: 3333, 3335, b
3335 1/2 W. Ball Road.
Reclassification: RSA-43,000 to RM-1200
Variance: Waiver of mazimum structural height to construct a 2 to 3-story,
24-unit apartment complex.
Chairwoman Bouas pointed out that tha petitioner has requested Item No. 2 be
continued to the meeting of July 18, 1988.
There were approximately 100 people indicating their presence in opposition.
June Lenc, 3312 West Glenn Holly Drive, Anaheim, stated the neighbors did
receive a letter from Newgort Pacific about a continuance; and that she was
present on May 23rd and also had to make arrangements to be off work 'i:oday for
this meeting. She stated she could not be present for the July 18 meeting.
Ms. Lenc explained the developers had presented their plans for condominiums
to the neighbors and the neighbors did object to the 2-story structure and
lower quality units because it would encroach into the single-family
residential area. She stated the property is only 100 feet wide, and it would
be impossible to provide the 150-foot setback to the single-family homes. She
stated they are not objecting to progress but feel the development should be
compatible with what is existing in the neighborhood. She stated she has
lived in her home for 31 years and planned to retire there. She pointed out
their neighborhood is constantly being threatened by continual requests for
variances; and that they have all made investments in their homes and thought
the Codes and zoning would guarantee that it would remain single-family. She
stated she is very concerned in looking at the type of construction which has
been approved in the rest of Anaheim; and that she is especially because the
developers are continually requesting continuances, and because the Planning
Commission has day meetings and that she does not make a living by attending
Planning Commission and City Council meetings.
Chairwoman Bouas pointed out this request for continuance to July 18 is to
re advertise the project for condominiums.
Al Marshall, agent, explained they did request a continuance after the last
meeting when there was discussion about a street going through. He stated
when they first came to the neighbors with the proposal, they were asking for
24 apartments and the Commission told them 16 units xould be acceptable. He
stated they did have about 30 people attending the meeting in the neighborhood
and they did propose to build owner-occupied condominiums based on the
compromise between RM-3000 and RM-2400 requirements for apartments. He stated
they would be reducing the area for condominium units and that in the7/6/88
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MINUTES ANAHEIM CITY PLANNING COMMISSION
meeting the possibility of those being rented was discussed. He stated they
have already begun to revise the plans and otherwise would have submitted
there, but the neighbors did not want to see apartments there or condominiums
and preferred single-family homes and that they cannot develop single-family
homes on that site and are trying to find a compromise.
Chairwoman Bouas suggested a four-week continuance rather than 2 weeks.
Mr. Marshall responded that would be acceptable to them and that they felt 16
units was what the neighborhood was requesting. He stated they do understand
the neighbors concerns and will do their best to reach a compromise.
Commissioner McBurney asked about having that particular hearing at night.
Joseph Fletcher, Deputy City Attorney, recommended if that is the desire of
the Commission, the matter should be advertised fur an evening meeting; and
Chairwoman Bouas pointed out the Commission could state the hearing would not
be held before 6:00 p.m•
George Brott, 3306 W: Glenn Holly, stated he did meet with the developers and
informed them they do not want 2-story units in that area and that Mr. Hanna
had responded they could not make any money on the project if it was not 2
stories.
TI Commissioner McBurney offered a motion, seconded by Commissioner
Meese and MOTION CARRIED (Commissioner Carusi2lo absent) that consideration of
the aforementioned matter be continued to the regularly scheduled meeting of
August 1, 1988 and that it not be heard before 6:00 p.m•
•.°i°i^'.nTnv -rn aa_ao_nl. AND
ITEM NO 3 CEOA LtEGATIVE DECLARATION -
VARIANCE N0. 3809.
PSIBLIC HEARING: OWNERS: CHARLES D. BOLERJACR AND DOROTHY A. BOLERJACR, 3625
Savanna Street, Anaheim, CA 92804. AGENT: MICHAEL R. FRAZIER, 1800 Yorba
Linda Boulevard, !1201, Yorba Linda, CA 92686. LOCATION: 3625 Savanna Street.
Reclassification: RS-A-43,000 to RM-1200 or a less intense zone.
Variance: Waiver of a) minimum building site area per dwelling unit; b)
maximum structural height; c) maximum site coverage; d) minimum floor area of
dwelling units; and, e) permitted encroachment into fro°at yard to construct a
3-story, 16-unit "affordable" apartment complex.
There were 20 persons indicating thoir presence is opposition to subject
request, and although the staff report to the Planning Commission was read, it
is referred to and made a part of the minutes.
Michael Frazier, 9712 Tucana, Yorba Linda, architect, stated they seek to
construct a 16-unit apartment complez oa the north side of Savanna Street. He
stated the pro-erty is question is approzimately 65 feet by 240 feet, and is
rather unique because of its long and narrow configuration; and that the
property was previously zoned RS-43,000 and now is on the General Plan for
RM-1200.
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MINUTES ANAHEIM CITY PLANNING COMMISSION JULX 6 1988 Paae 1
Mr. Frazier stated the first waiver results from including affordable units
which allows a density bonus per the Housing Authority. He stated the intent
of the developer is to designate four (4) units in the affordable range which
would be one bedroom units and would rent for no greater than 5540 per month.
Mr Frazier stated the second waiver pertains to the parking structure and that
most of the street is developed with these kinds of apartments and his client
asked him to design a project consistent with what was in the area and that he
was told by the Planning staff that projects with a parking structure covered
by 2 stories of apartment v.aits have been considered and approved along this
street. He stated they are trying to fit is with what is already on the
street in this rather unique infill lot.
Mr. Frazier stated the third and fourth waivers relate to the density bonus
for affordable units. He stated his calculation showed a little less coverage
than staff's review and they did not propose that large an increase over the
area, but apparently some of the overhangs and things like that were deducted
from the open space on the entire site.
Mr. Frazier stated the last waiver refers to the stairway in front of the
building encroaching into the front yard, and it was just a point of design,
and that they would be glad to amend the .final design so the waiver would not
be necessary.
June Leac, 3312 West Glen Holy, stated this is within walking distance of her
home and Savanna is a dead-end street. She stated people are going to have to
take a number to get out of their driveway onto the street. She stated Mr.
Hanna has another 150-unit project being developed and has indicated this
would be consistent. She added it makes her angry that she has to come and
speak at these meetings, but she wanted to see this stopped so they can
continue to be proud of the area. She stated they should b6 required to build
within codes because everyone else has.
Art Stahovich, 805 Ramblewood, stated he owns apartments in that area and that
this developer has said this project is similar to what is there, but 16 units
on that small property would just be too much. He stated the affordable units
did not seem very affordable to him at 5540 per month.
Dir. Stahovich stated he did not think they need these units on that street and
that nine units should be the maximum, otherwise this project will look like a
bowling alley because of the width and length of the property.
Mr. Stahovich questioned City Council's experience in these types of matters
and added he thought these type decisions should be up to the Planning
Commission who have studied the situation.
Bernie Taggert, oxner of property at 843-845 Marian Way, agreed that City
Council does not have the necessary experience to make decisions about
building, but that she thought the City has a fine Planning Commission who
wants to do what is best for the people and she thought one more apartment
project on Savannah would be a disaster.
7/6/88
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MINUTES. ANAHEIM CITY PLANNING COMMISSION, NLY 6, 1988 Paqe 14
Blash Monemy, 2082 Business Center, developer, stated the property is
designated for apartments anal 150 units have already been approved in that
area and this request is only for 16 additional units.
He stated it seems the neighbors are against apartments and tenants and do not
feel they are human beings and that apartments are centers for crime and if
the forefathers had listened to those attitudes, Anaheim would not have grown
to what it is today.
He stated Savannah Street is being developed with apartments and he did not
think there will be too many problems; that people cannot afford single-family
detached homes and pointed out again he is just requesting what has already
been approved and is probably less than 5~ of what is permitted. He added he
knows there is a need for apartments and agreed that area is overdeveloped and
it would be nice to have an orchak•d planted on the property; however, the City
Council has determined this use is appropriate for that area.
Art Stahovich stated he finished a building just two buildings west at RM-2400
standards and one of those projects was denied by the Planning Commission. He
added he has no opposition to renters, but did not think the units should be
stacked.
THE PUBLIC HEARING WAS CLOSED.
Commissioner Boydstun referred to the proposed project and stated a 530-square
foot unit is very small. Mr. Frazier responded he is proposing affordable
units with a density bonus and that he understood that that is an average sine
unit in Anaheim. He agreed with Commissioner Boydstun that the unit size is
small, but that is what he had to do on this site. He explained he thought 13
units were permittedf and they had added three for the density bonus; however,
he was informed 12 was the number permitted.
Commissioner Herbst stated this property has been before the Planning
Commission many times over the past few years and there have been several
public hearings regarding it and the density was changed by City Council from
RM-2400 to RM-1200; however, as a land planner, he still felt it should be
developed at RM-2400, even though the General Plan may indicate RM-1200. He
stated there are many places where affordable units may be appropriate and
would not increase the density to a point whew it would be detrimental to the
neighbors, but Savannah Street is becoming one of Anaheim's most congested
streets; and that he realized the City Council is not helping the situation,
but the Planning Commission just denied the property next door RM-1200 density
and he did not think it belongs on this property because it will impact the
City; and that the Commission was adamant that the property owners across the
street develop within Code standards. He stated this is a request for
affordable units which are smaller than average and the developer ezpects the
request to be approved and that the state mandates certsin conditions, but he
did not think that means approval of smaller units.
Commissioner Herbst stated he would not vote for reclassification because he
thought it would be bad for that area and is not good land planning and that a
number of units could be bailt which would fit into the neighborhood, and he
thought the City Council would feel the soma way because of the number of
waivers being requested.
7/6/88
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MINUTES ANAHEIM CITY PLANNING COMMISST<`*1 JULY 6 1988 Paae 1
Commissioner Messe pointed out the property is still zoned RS-A-43,000 and
that reclassifying it to RM-2400 might be more suitable.
Greg Hastings ezplained the General Plan designation is medium density
residential and the RM-2400 zone would be appropriate.
Chairwoman Bouas asked if the applicant would like a continuance in order to
revise the plans and Mr. Money asked if that meant an RM-2400 project;
Chairwoman Bouas responded that seems to be the feeling of most of the
Commissioners, and suggested he could eliminate the density bogus.
Mr. Monemy stated he was trying to offer some units for less money and that
other projects were developed on larger parcels than this and they were given
the density bonus to permit RM-1200 development. He stated if he is required
to develop to fiM-2400 standards, the number of units would be reduced to sir
and there are 200 units which have been permitted to add to the traffic
problems and density and since this project is so small, there would not be
significant change.
Chairwoman Bouas stated she felt there are too many waivers being requested
and the affordable units are smaller than normal and there is not supposed to
be any differences between the units being rented as affordable and the rest
of the complex. Mr. Monemy responded they can offer other units as affordable
and they have not really specified which units are to be designated affordable.
Commissioner Messe stated five units are proposed to be 530 square feet and
that is too small and is not within Code requirements.
Mr. Monemy stated he would eliminate the affordable units and build 12 or 13
units and make them larger. Commissioner Messe stated he voted for RM-2400 on
the project nezt door to the west and that is what he would vote for oa this
property.
Commissioner Feldhaus asked about the RS-A-43,000 property to the east and how
many properties are left to be developed. Greg Hastings stated he d?.d not
think there has been any action on the adjacent property to the east, but an
RM-1200 project on the nett property to the east was denied by the Planning
Commission and approved by the City Council.
Responding to Chairwoman Bouas, Mr. Money stated he would like to have the
Commission vote on the project as submitted.
ACTION: Commissioner Herbst offered a motion, seconded by Commissioner Messe
and MOTION CARRIED (Commissioner Carusi~lo absent) that the Anaheim City
Planning Commission has reviewed the proposal to reclassify subject property
from the RS-A-43,000 (Residential/Agricultural) Zone to the RM-1200
(Residential/Multiple-Family) Zone and to construct a 3-story, 16-unit,
"affordable" apartment complez with waivers of building site area per dxellinq
unit, maximum structural height, mazimum site coverage, minimum floor area of
dxellinq unit and permitted encroachment into frost yard on an irreqularly-
shaped parcel of land consisting of approximately 0.35 acre having a frontage
of approzimately 65 feet on the north side of Savannah Street, and being
located approzimately 115 feet west of the centerline of Marian Way, and
7/6/88
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MINUTES ANAHEIM CITY PLANNING COMMISSION JULY 6 1988 Page ~
further described as 3625 Savannah Street; and does hereby deny 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 substantial evidence that the project will have a significant
effect oa the environment.
Commissioner Herbst offered Resolution No. PC 88-174 and moved for its passage
and adoption that Anaheim City Planning Commission does hereby deny
Reclassification No. 88-89-01.
On roll call, the forgoing resolution was passed by the following vote:
AYES: HOURS, BOYDSTUN, FELDHAUS, HERBST, MCBURNEY SURREY, MESSE
NOES: NONE
ABSENT: CARUSILLO
Commissioner Aerbst offered Resolution No. PC 88-175 and moved for its passage
and adoption the the Anaheim City Planning Commission does hereby deny
Variance No. 3809 on the basis that Reclassification No. 88-89-01 submitted is
conjunction with said variance was denied; and further 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 identically
zoned property in the same vicinity; and that strict application of the Zoning
Code does not deprive the property of privileges enjoyed by the properties in
the identical zone and classification in the vicinity.
On roll call, the foregoing resolution was passed by the following vote:
AYES: BOUAS, BOYDSTUN, FELDH.IUS, HERHST, MCHURNEY HURNEY, MESSE
NOES: NONE
ABSENT: CARUSILLO
Joseph W. Fletcher, Deputy City Attorney, presented the written right to
appeal the Planning Commission's decision within 22 days to the City Council.
ITEM N0. 4 CEOA NEGATIVE DECLARAT~QN. RECLASSIFICATION N0. 88-89 02 AND
VARIANCE N0. 3810
PUBLIC HEARING. OWNER: Clinton H. Flynn and Ruth R. Flynn, 603-607 West
Broadway, Anaheim, CA 92805. Agent: SbM Development Company, Attn: Mohammad
Mehdi Ebrahemzadeh, P.O. Boz 3868, Mission Viejo, CA 92690.
Property Location: 603-607 West Broadway
Reclassification from RM-2400 to RM 1200 to construct a 10-unit apartment
building with waiver of (a} mazimum site coverage, (b) minimum floor area of
dwelling units and (c) required recreation/leisure area.
Commissioner Boydstun 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.. is that her son does business with the developer and pursuant to the
7/6!88
yr sNtrING COMMISSION n 6 1988 Paae_ 17
MINUTES 1~NAHEIM CITX
provisions of ':'.he above Codes, declared to the Chairman that she was
withdrawing ~m the hearing in ~onnectioa with Variance No. 3810, and would
not take pai.. in either the discussion or the voting thereon and had not
discussed this matter with any member of the Planning Commission. Thereupon
Commissioner Boydstun left the Council Chamber.
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.
Mohammad Ebrahemzadeh, agent, explained this is a proposed 10-unit project
similar to other apartment projects along Broadway and there will be
landscaping un both sides of the iiriveway. He responded to Commissioner Meese
that a landsc:ape plan was submitted.
THE PUBLIC HEARING WAS CLOSED.
Greg Hastings, Senior Planner, explained the landscape plan did not identify
the plants.
Mr. Ebrahemzadeh responded that he had reviewed the conditions and they are
acceptable.
TI Commissioner Herbst offered a motion, second by Commissioner Mcsurney
and Motion Carried (Commissioner Boydstun and Carusillo absent) that the
Anaheim City Planning Commission has reviewed the proposal to reclassify
subject property from the RM-2400 (Residential, Multiple-Family) Zoae to the
RM-1200 (Residential, Multiple-Family) Zone and to construct a 10-unit
apartment complex with waivers of maximum site coverage, maximum floor area of
dwelling units (deleted) and required recreational/leisure area (deleted) oa a
rectangularly-shaped parcel of land consisting of approximately 0.3 acre,
having a frontage of approximately 88 feet on the north side of Broadway,
approximately 760 feet west of the centerline of Harbor Boulevard, and further
described as 603-607 West Broadway, 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.
Commissioner Herbst offered Resolution No. PC 88-176 and moved for its passage
and adoption that the Anaheim City Planning Commission does hereby grant
Reclassification No. 88-89-02, subject to Interdepartmental Committee
Recommendation.
On roll call, the foregoing resolution was passed by the following vote:
AYES: BOUAS, FELDHAUS, HERBST, MC BURNEY, MESSE
NOES: NONE
ASSENT: NONE BOYDSTUN, CARUSILLO 7/6/88
MINUTES ANAHEIM CITY PLANNING COMMISSION JULY 6 1988 Page 18
Commissioner Herbst offered Resolution No. PC 88-177 and moved for its passage
and ezplain that the Anaheim City Planning Commission does hereby grant
Variance No. 3820 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 the 2oninq Code deprives the property of
privileges enjoyed by other properties in the identical cone and
classification in the vicinity and subject to Interdepartmental Committee
recommendations.
On roll call, the foregoing resolution was passed by the following vote:
AYES: BOUAS, FELDHAUS, HERBST, MC BURNEY, MESSE
NOES: NONE
ABSENT: BOYDSTUN, CARUSILLO
Joseph Fletcher, Deputy City Attorney, presented the written right to appeal
the Planning Commission's decision within 22 days to the City Council.
ITEM NO 5 - CEOA NEGATIVE DECLARATION AND VARIANC~N9__._~$Q4
PUBLIC HEARING: OWNERS: DR. R. S. MIHNICK AND JAN W. MINNICR, 12269 Sky
Lane, Los Angeles, CA 90049. LOCATION: Southeast corner of Orangethorpe
Avenue and Lemon Street.
Variance: Waiver of minimum number of parking spaces to establish a total of
1,978 square feet of fast food restaurant area is as existing co:~rnercial
retail center.
Dr. Steve Minnick, explained they have reduced the off-site improvement costs
to a fair and reasonable amount. He stated the staff report refers to an
amusement arcade permit, and ezplained that arcade permit request has been
cancelled.
He stated the staff report indicates he is applying for 19,078 square feet of
fast food facilities, but that he is actually applying for 4,042 square feet.
He stated he requested a parking waiver for fast food, because that was the
only type of application he was getting and that he wanted a flexible center
with parking for fast food that would be consistent with xhat 99~ of the other
cities in Southern California are doing, and that he did not want any special
privileges. He stated staff told him he couldn't make that application, and
that he had to apply for a specific use; and that he has a convenient market
tentatively leased, subject to approval of a conditional use permit, and a
take-out chicken establishment which has not signed a lease yet. He stated he
was told Code requires 18 spaces per 1000 square feet of floor space; and that
Wes Pringle conducted a traffic study. He stated be ezplained for Mr.
Pringle's evaluation that his proposal was to have a number of fast-food uses,
plus a very small coaveni.eaca market, which will be less than 1/2 the size of
an average convenience market, and that he gave Mr. Pringle information on 3
local centers for comparison which are within a five or ten mile radius, and
which have similar uses.
7/G/88
MINUTES ANAHEIM CITY PLANNING COMMISSION, JULY 6, 1988 Page 19
Dr. Minnick stated Mr. Pringle pointed out the center with the least fast food
had the highest ratio of parking and that the other two were loss. He stated
the zoning in those 3 locations is for fast-food or convenience markets and
fast-food, as is true for almost all the towns in Southern California. He
stated in the Law Journal of Los Angeles there is an article in which David
Lesley, Principal Planner for the City of Los Angeles, states that the new
ordinance they have provided will require 5 spaces per 1000 square feet of
restaurant space in mini-malls, and the breaking point for the restaurant is
is 1000 square feet.
He stated the City of Anaheim requires 5.5 spaces per 1000 square feet for
retail area of less than 100,000 square feet; and walk-up, drive-through and
fast food restaurants require 18 spaces per 1000 square feet and the food
facilities found in small commercial centers such as those observed is the
study do not fit into any existing classification in the City of Anaheim. Ae
stated the proposed facility with a ratio of 5.5 parking spaces would have
adequate parking to support a small typical center which includes both
convenience stores with food service and small take-out facilities. He added
these types of centers have a high turnover of parking spaces due to short
duration visits and require less parking.
Dr. Minnick stated he has 100 or more small fast food places in his centers
with some of them containing nothing but small fast food users and he has
never seen nay parking congestion and there has always been spaces available,
even at peak hours. Referring to the five units in this center, he stated
these are primarily little take-out operations and are primarily leased to
people who will have a family-operated business. He stated the first one
listed as a convenience market is 1,058 square feet, and the take-out chicken
facility is basically the same. Ae stated he has two interested users in the
third suite, one for yogurt and one for pizza, and that the fourth suite is a
check cashing operation which currently exists on Lemon Street and that he has
never seen a customer there. He stated the last suite is a proposed Japanese
take-out restaurant.
Dr. Minnick stated Mr. Pringle could noC come to the meeting today, but
indicated the maximum parking spaces required at peak hours was .7, and the
average for all of them is only 2.74, and that Wes Pringle did not think there
would be a problem with the Planning Commission, and that he khozoughly
endorses the use, which is reasonable and consistent with the majority of
towns is Southern California.
Referring to the sheet called "Survey of Occupancy," Dr. Minnick stated they
Rid a study of the restaurants on Orangethorpe Boulevard between Harbor and
Lemon Streets and identified 48,461 square feet of restaurant, and observed
between the hours of 12:00 and 1:00 on 2 consecutive Saturdays, 160 occupied
tables. Ae stated the red line at the bottom indicates each occupied table,
representing one car, and the average came out to 3.30 cars per 1000 square
feet.
Dr. Minnick stated be tried to lease this center to quality tenants and the
reason for putting the center in, in the first place, xas because the Planning
Department in Fullerton said they ware trying to upgrade this area, which has
been a redevelopment district and has been defined as blighted and
7/6/88
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ES, ANAL"' "~"'} PLANNING COMMISSION JULY 6. 1988 Page 2
deteriorating. Ae stated he had a Texaco service station on that corner with
a lot of cars, most of them old, which reflected negatively on the community,
and the City of Fullerton asked him to get rid of that station when the lease
was up. Ae stated this center is designed architecturally to fit into those
corners of Fullerton, with the same quality roof design which gives a
dimension of integrity to the intersection.
Dr. Minnick stated he will have is excess of 5300,000 is building and
improvements on and off site and is worried about his ability to lease the
units. He stated he tried to get quality chain tenants, but they all turned
him down, and some of the things they said were that the commercial east side
of Lemon Street is doing very poorly. Iie stated there is a rapid turnover of
tenants there and a lot of vacancies, and the problem is that they are up
against an industrial zone to the west, southwest and northwest which has a
tremendous density. He stated that industrial area empties between 5:00 p.m.
and 6:00 p.m. at night and by 7:00 p.m., the east side of Lemon Street is dead
and in addition, there are nor residential zones is the area.
Jan Lieberman, Sterrich Company, owners of Ralph's which is right behind Dr.
Mianick's parcel, agreed with Dr. Minnick, and stated they are considering
some fast-food uses as well, and would like to tap in on the industrial users,
so they can have places to eat. She stated their concorn is traffic going
south onto Lemon, with a build-up of traffic coming off Orangethozpe. She
asked if all the fast-food uses there would affect the traffic and stated if
the applicant is allowed 18 spaces per 1000 feet on all his 4900 square feet,
she would not want all those people parking on their site. She explained she
is is favor of having fast food uses approved there.
Dr. Minnick stated Paul Singer made them put their entrance on Lemon Street at
the extreme southwest corner of the property, and he had to push the building
easterly in order to make space for that ingress/egress. He stated their
building is set back 89 feet, and the dental building immediately to the east
is within 5 feet of Oraagethorpe and blocks visibility of cars going westerly,
and the health spa building on the southwest corner is within 5 feet of
Oranqethorpe and blocks visibility, and added their building can't be seen
until a car gets into the intersection.
Dr. Minnick stated the Traffic Engineer recommended they be limited to 2000
square feet and B tables for the fast food.
THE PUBLIC HEARING WAS CLOSED.
Commissioner McBurney stated he is in the fast food business and disagrees
with Mr. Pringle in this instance, and that be believed this would severely
impact that center. He stated the Commissioners were under the impression
they were going to have one fast food use in the center, which he could go
along with, but if there are four or five, he thought the traffic would be
excessive and they would have a backup of traffic. Ae stated he could go
along with the 2x00 square feet, but certainly not 4000 square feet.
Commissioner Messe stated the original proposal for for units 1 and 2 and xas
about 1970 square feet.
7/b/88
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MI .v °S ANAHEIM CITY PLANNING COMMISSION ,IDLY 6 1988 Page 21
Dr. Minnick stated that came about because the Planning Department said they
could not take an application without a specific tenant and at that time he
didn't have any tenants for Suites 2 through 5, and just had a convenience
market for Suite 1. He stated he did not see the conditions and did not have
any input into the development process of how it was decided to limit the fast
food areas to 2000 square feet.
Chairwoman Souas stated Ralph's was concerned whether putting fast food on
that corner would impact the traffic situation for them and prevent them from
having fast food operations, and Commissioner McBurney stated their concern
was the northbound traffic backing up on Lemon Street
Art Daw, Deputy City Engineer, stated he did not see how the driveway as shown
would cause a traffic back up, and that the driveway location was reviewed and
approved by Paul Singer.
Dr. Minnick stated the City of Fullerton is putting a right turn in there as
well.
Commissioner Feldhaus stated staff could not advise Dr. Minnick of the parking
requirements until they were told what would be going into the vacant suites,
and that the vacant suite requirements were based on 2-1/2 spaces which would
limit him in his choice of tenants for the other units, and asked if he
planned to come back at a later date.
Dr. Minnick stated he knows of no other city is Southern Cali¢oraia which
requires 18 parking spaces for small fast food restaurants.
Chairwoman Boydstun stated some cities limit the square footage of a strip
shopping center like this.
Responding to Commissioner Herbst as to whether the 28 parking space figure
was based on the 2000 square feet recommended, Greq Hastings, Senior Planner,
stated he noticed in the file, that on one of the two parking studies
submitted, the Traffic Engineer had made a remark that he would approve it,
provided it was limited to 2000 square feet.
Dr. Minnick stated paragraph N12 reads that the Traffic Engineer has reviewed
the study and has approved it, but the staff report reads that it is
recommended that it be limited it to 2000 square feet of fast food uses. He
stated the variance they are asking for is for 52 spaces required, 28
proposed, and that is the only 28 proposed on the original drawings which was
to Code.
Greg Hastings stated with fast food restaurants in those particular units, the
requirement would be 65 spaces rather than 52.
In response to Dr. Minnick, Greg Hastings stated the 28 spaces refers to the
5-1/2 per 1000 for the entire center.
ACTION. Commissioner Boydstun offered a motion, seconded by Commissioner
McBurney and MOTION CARRIED (Commissioner Carusillo absent) that the Anaheim
City Planning Commission has reviewed the proposal for waiver of mini bl88
MINUTES. ANAHEZM CITY PLANNIN COMMISSION LY 6 loa Pa4e 22
number of parking spaces to establish a total of 1,978 square feet of fast
food restaurant area in an ezisting commercial retail center property located
at the southeast corner of Orangethorpe Avenue and Lemon 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 oa the environment.
Dr. Minnick stated he might take an action approving only 2,000 square feet to
court.
Commissioner Boydstu:u offered Resolution No. PC88-178 and moved for its
passage and adoption that the Anaheim City Planning Commission does hereby
grant Variance No. 3804, in part, limiting the square footage to be used for
fast food establishments to 2,000 square feet, 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 the 2oninq
Code deprives the property of privileges enjoyed by other properties is the
identical zone and classification in the vicinity and subject to
Interdepartmental Committee recommendations.
On roll call, the foregoing resolution was passed by the following vote:
AYES: BOUAS, HOYDS~JN, FELDHAUS, HERBST, MCBURNEY, MESSE
NOES: NONE
ABSENT: CARUSILLO
Joseph W. Fletcher, Deputy City Attorney, presented the written right to
appeal the Planning Commission's decision within 22 days to the City Council.
ITEM NO. 6. - CEOA NEGATIVE DECLA_RnTrON ANp V Rrnxru NO 3807
PUBLIC FEA_AING• OWNERS: GOLDIE G. MONTGOMERY AND CLAYBORN L. GRAVES, 175 S.
Lakeviex, Anaheim, CA 92807. AGENT: R. C. BRUMFIELD, One Morning Dove,
Irvine, CA 92714; MORGAN DEVELOPMENT, 1122 E. Lincoln, N116, Orange, CA
92665 LOCATION: Southwest corner of Santa Ana Canyon Road and Lakeview
Avenue.
Variance: Waiver of maximum strsctural height to construct 4 single-family
residences.
It was noted that the petitioner has withdrawn subject petition for Variance
No. 3807.
7/6/88
MINUTES. ANAHEIM CITY PLANNING COMMISSION. JULY 6. 1988 Paqe 23
ITEM N0. 7. - CEOA NEGATIVE DECLARATION.WAIVER OF CODE REQUIREMENT. AtiD
CONDITIONAL USE PERMIT N0. 3024.
PUBLIC HEARING: OWNERS: ANAHEIM HILLS PROMENADE PARTNERSHIP, 22 starlight,
Irvine, CA 92715. AGENT: ANAHEIM HILLS COMMUNITY CHURCH, Rev. Timothy Van
Heest, 6503-A Serrano Avenue, Anaheim, CA 92807. LOCATION: 6503-6505 Serrano
Avenue.
CONDITIONAL USE PERMIT Request: Waiver of minimum number of parking spaces to
retain a 6040 square foot church facility.
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 part of
the minutes.
Mark Hodgson, Anaheim ??ills Community Church, 6503-A Serrano, stated the
waiver requested of the minimum number of parking spaces is only 1 space from
a total of 131 required to 130 which are actually ezistiag. He stated the
traffic analysis was based on some tenants of the center who are no longer
there, and were included to reflect as accurate information as possible, based
oa some similar sort of uses that would go into the center is the future. He
stated those tenants were replaced xith others that are at the 4 per thousand
rate, so the parking would be within the required number.
Mr. Hodgson stated Condition No. 4 refers to a letter requesting the
termination of old conditional uae permits from the owner/landlord of subject
property and asked if those conditional use permits pertain to the old tenants.
Commissioner McBurney responded now that this use is going into that property,
those conditional use permits have to be removed as a matter of record.
THE PUBLIC HEARING WAS CLOSED.
COMMISSIONER HERBST LEFT THE COUNCIL CHAMBER
ACTION: Commissioner Messe offered a motion, seconded by Commissioner
McBurney and MOTION CARRIED, (Commissioner Carusillo and Herbst absent) that
the Anaheim City Planning Commission has reviexed the propasal for waiver of
minimum number of parking spaces in order to construct a 6,040-square foot
church facility on a rectangularly-shaped parcel of land consisting of 3 acres
located at the northeast corner of Serrano Avenue and Nohl Ranch Road, and
further described as 6503 through 6505 Serrano Avenue (Anaheim Hills Community
Church); 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.
Commissioner Messe offered a motion, seconded by Commissioner Boydstun and
Motion Carried (Commissioners Carusillo and Herbst absent) that the Anaheim
City Planning Commission does hereby approve the waiver of code requirement on
the basis that the parking waiver will not cause an increase in traffic
congestion in the immediate vicinity nor adversely affect any adjoining land
7/6/88
MINUTES. ANAHEIM CITY PLANNING COMMISSION JULY 6 1988 Page 24
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 Messe offered Resolution No PC88-179 and moved for ita passage
and adoption that the Anaheim City Planning Commission does hereby grant
Conditional Use ;Permit No. 3024, pursuant to Anaheim Municipal Code Section
18.03.030.030 through 18.03.030.035, and subject to Interdepartmental
Committee Recommendations.
On roll call, the foregoing resolution was passed by the following vote:
AYES: BOUAS, BOYDSTUN, FELDHAUS, MC GURNEY, MESSE
NOES: NONE
ABSENT: CARUSILLO, HERBST
Joseph Fletcher, Deputy City Attorney, presented the xrittea right to appeal
the Planning Commission's decision within 22 days to the City Council.
Commissioner Herbst returned to the meeting.
ITEM N0. 8 - CEOA NEGATIVE DECr.AUATrnx_ WAIVER OF CODE REQUIREMENT AT,Q)
CONDITIONAL USE PERMIT N0. 3025.
PUBLIC HEARING: OWNERS: WINSTON INDUSTRIAL PROPERTIES, 2201 E. Winston, qA,
Anaheim, CA 92806. AGENT: ST. LURE'S REFORMED EPISCOPAL CHURCH, P. 0. Box
6731, Buena Park, CA 90620. LOCATION: 2201 Winston Road, Suite Q.
CUP Request: Waiver of minimum number of parking spaces to permit a church
facility.
There was no one indicating their presence in opposition to subject request
and although the staff report to the Planning Commission was not read it is
referred to and made a part of the minutes.
Kim Riddlebargac, applicant, resident of Buena Park, stated St. Luke's
Reformed Episcopal Church is applying for a conditional use permit to enable
therm to uti'ize leased facilities at the Winston Business Park at 2201 Winston
Road for ~':~a=ch related purposes.
He stated t,-ey are a very small congregation, and their average attendance is
between 35-50. He stated they previously leased facilities in Forest Lawa,
Cypress and in the Buena Park Activity Center, but they have found that many
public agencies are reluctant to allow continued usage by churches due to
concerns over the First Amendment question, so they have a rather pressing
need to find their own facility. He stated they currently maintain their
o:fice and hold church related activities in this facility, and they feel
Anaheim is an attractive location for a church with their particular
distinctions.
He stated they plan to utilize 1920 square feet by using the front two offices
for their own administrative needs and for Sunday School classes. He stated
the warehouse space will be used as a sanctuary and they have modified their
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MINUT°S ANAHEIM CITY PLANNING COMMISSION JULY 6 1988
floor plans in accordance with recommendations of the Building Division. He
stated they will conduct all church activities on Friday nights after 7:00
p.m. and Sunday mornings between 8:00 a.m. and 1:00 p.m., with the only
exceptions being appropriate Christmas and Easter services which occur during
existing public holidays. He stated they are is substantial agreement with
the staff report; that the Winston Business Park has 251 marked parking
spaces, with adequate pedestrian facilities within the business park and,
therefore, they feel parking should not be a problem. He stated in the event
of unezpected growth, there is a low probability of disruption with any of the
other businesses within the business park and there axe no adjacent
residential areas on Winston Avenue.
He stated they would like the Planning Commission to re-evaluate three of the
conditions suggested by the Interdepartmental Committee, Nos. 2, 3 and 4 as
stated in the staff report; that they have already filed for a waiver from
Condition No. 2 which is the Code requirement for installation of a sidewalk
on Winston Avenue. He added none of the adjacent properties have sidewalks
and the leased suite is approzimately 400 feet from Winston Ave. He stated
Condition No. 4 regarding the reconstruction of driveways is impractical when
considering they are the only tenant within the entire Winston Business Park
who will be using space there for any type of assembly. He stated the Winston
Business Park currently has three adequate well-maintained driveways, two are
25 feet in width, the center drive being 30 feet in width. He stated his
request is to obtain a waiver if this condition is based upon a Code
requirement, or that it not be adopted if it is not a Code requirement. He
stated Condition No. 3 would require the owner of the property to draft a
covenant agreeing not to contest the formation of any assessment districts and
that had not been mentioned to them previously, and since the subject property
is on the north side of Winston Avenue, they were under the impression this
location is geographically outside of the designated stadium area and this
condition may not be warranted.
THE PUBLIC HEARING WAS CLOSED.
Greg Hastings stated Condition No. 3 is a standard condition for all
properties within the stadium study area and this property is in that area,
and this condition has been imposed on all projects. He stated there are two
different boundaries, one requiring a fee and the other requiring a covenant
not to contest, and this property falls within the boundaries requiring a
covenant. He ezplained there have been no recent zoning action oa that
property.
Commissioner Boydstun asked Arthur Daw if the sidewalks had been required when
this property was developed.
Arthur Daw responded sidewalks have not been installed and when the original
development came in, they requested a waiver from the City Engineer which was
approved since this in as industrial area and not on an arterial highway. He
stated the Commission has the option to delete that condition if they wish or
if the condition remains, the applicant would have the opportunity to request
a waiver from the City Engineer.
Mr. giddlebargar stated they have requested a waiver from the City Engineer.
7/6/88
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MINUTES ANAHEIM CITY PLANNING COMMISSION JULY 6 1988 Paqe 2rz_
Mr. Daw stated Condition No. 4 regarding the reconstruction for the driveway
radius curb returns, he thought there would be no problem if Commission
elected to delete that condition since this is a use for .a church which does
not generally conflict with peak hour traffic of the industrial development.
Chairwoman Bouas stated this is a temporary use and she felt those conditions
could be deleted.
Commissioner Messe asked when their Easter services would be held.
Mr. Riddlebargar responded they would have a Good Friday service in the
evening, more than likely, after the center closed, and an Easter service at
the regular time.
A TIQII,_ Commissioner McBurney offered a motion, seconded by Commissioner
Boydstun and MOTION CARRIED (Commissioner Carusillo absent) that the Anaheim
City Planning Commission has reviewed the proposal to permit a church facility
with waiver of minimum number of parking spaces oa a rectangularly-shaped
parcel of land consisting of approximately 4.7 acres having a frontage of
approximately 330 feet on the north side of Winston Road, approximately 5180
feet east of the centerline of State College Boulevard and further described
as 2281 Winston Road, Suite Q; 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 ao substantial evidence that the project will have a significant
effect on the environment.
Commissioner McBurney offered a motion, seconded by Commissioner Boydstun and
MOTION CARRIED (Commissioner Carusillo absent) that the Anaheim City Planning
Commission does hereby grant waiver of Code requirement on the basis that the
parking waiver will not cause an increase in traffic congestion in the
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 McBurney offered Resolution No. PC88-180 and moved for its
passage and adoption that the Anaheim City Planning Commission does hereby
approve Conditional Use Permit No. 3025, for a period of three (3) years,
subject to Interdepartmental Committee recommendations, deleting Condition
Nos. 2, 4, and 5.
On roll call, the foregoin3 resolution was passed by the following vote:
AYES: BOUAS, BOYDSTUN, FELDHAUS, HERHST, MCBURNEY, MESSE
NOES: NONE
ABSENT: CARUSILLO
Joseph Fletcher, Deputy'City Attorney, presented the written right to appeal
the Planning Commission's decision within 22 days to the City Council.
7/6/88
MINUTES, ANAHEIM CITY PLANNING COMMISSION, JULY 6, 1988 Page 27
ITEM N0. 9. - CEOA CATEGORICAL EXEMPTION-CLASS 3. WAIVER OF CODE REQUIREMENT.
AND CONDITIONAL USE PERMIT N0. 3027.
PUBLIC HEARING: OWNERS: ROBERTO I. NOGALES AND ALEJANDRA G. HOGALES, 817 W.
North Street, Anaheim, CA 92805. LOCATION: 817 West North Street.
CUP Request: Waiver of minimum rear yard setback to construct a 611-square
foot granny unit.
There were two persons indicating their presence in opposition to subject
request and although the staff report to the Planning Commission was not read
it is referred to and made part of these minutes.
Roberto Nogales, owner, stated the purpose of this request is to build one
611-square foot granny unit for his mother, who is 68 years old so she can
have her own privacy and they will be able to care for her.
Cathy Godoy, 818 W. Grafton place, directly behind the property, stated she
and her neighbors are concerned who the unit will hci rented to when the
grandparent is no longer there. She stated another concern is multiple family
units. She pointed out their houses both look into each other and there is no
privacy whatsoever. She explained the fence is very low.
Responding to Commissioner Peldhaus, Ms. Godoy stated her house is directly
behind subject property on the north side.
Commissioner Boydatun stated concerns about the mother living there can be
covered under conditions of the conditional use permit, and if they ;•iolate
those conditions, the conditional use permit could be revoked.
Ms. Godoy asked what would happen if the house was sold. Commissioner
Boydstun responded if the use changes, the permit can be reviewed.
Chairwoman Bouas explained there would be a restriction that the unit coup
never be rented to any person under 62 years of age, and that restriction
would be a recorded covenant against the property and any future purchasers
would be aware of it.
Joseph Fletcher, Deputy City Attorney, clarified that under the state law,
this particular type of granny unit is only for seniors 62 years or older, for
one or two persons. He stated this use permit would remain with the property,
so they could sell the property with the granny unit and that unit would stay
legal as long a!s it is only occupied by a person 62 years or older.
Chairman Bouas stated the only way to enforce the occupancy restriction is for
the neighbors to report it to Code Enforcement if they rent the unit to any
person younger than 62.
Ms. Godoy asked if the fence height could be raised two t4 three feet because
it is very low and they have no privacy.
Mr. Nogales stated the fence on the east side is higher than the two other
walla and he could raise that to siz feet.
7/6/88
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MINUTES. ANAHEIM CITY PLANNING COMMISSION, Ji1LY_b 1988 Page 2
CommissioL Messe asked Mr. Nogales if he could incresse the setback.
Mr. Nogales stated there is a slab there which had been poured before he moved
in three years ago, and he did not know if he could actually move that over or
cut the concrete.
Responding to Commissioner McBurney, Greg Hastings stated the standard RS-7200
rear setback is 10 fe.vc. Commissioner McBurney stated he thought the 17-foot
setback is adequate and is more than a normal residential zone requires.
THE PUBLIC HEARING WAS CLOSED.
Chairwoman Bouas asked Mz. Nogales xhere his mother lives right now.
Mr. Nogales responded she is living at 1254 Siesta Street and renting a house
there; that she is by herself and has never driven. He stated his father used
to take care of her, and that be passed away 2 years ago and that he is the
only person who can care for her.
Responding to Chairwoman B-'•~.'~, he stated his family consists of 4 children
and his xife, and that thn~~, 'a no one other than his family living in his
house.
ACTION: Commissioner McBurney offered a motion, seconded b}• Commissioner
Messe and M02ION CARRIED (Commissionfls; Carusillo absent) that the Anaheim City
Planning Commission has reviewed the proposal to construct a 611-square foot
granny unit xi`.h xaiver of minimum rear yard setback on a rectangularly-shaped
parcel of land consisting of approximately 0.22 acres having a frontage of
approximately 60 feet on the north Hide of North Street, approximately 231
feet west of the centerline of Citron Street and further described as 817 West
North Street; and does hereby approve the Negative Declaration ugoa finding
that it has considered the Negative Declaration together with any comments
roceived 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 eavironrnent.
Mr. O'Brien, 814 Grafton Place, stated from review of the plans, it appears
the house will face north towards his house.
Commissioner McBurney pointed out the entrance of the house is towards the
existing residence on the south.
Chairwoman Bouas asked the owner to stipulate that the house rill face Hortr
Street, and he did. She also explained that he has already stipulated to
raise the height of the wall.
Commissioner McBurney offered a motion, seconded by Commissioner Messe and
MOTION CARRIED (Commissioner Carusillo absent) that the Anaheim City Planning
Commission does hereby grant waiver of Code requirement on the basis that
there are special circumstances applicable to the property such as size,
shapes, 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 Wither
properties in the identical zone and classification in the vicinity.
7/b/88
INUTBS ANAHEIM CITX PLANNING COMMISSION JULY 6 1988 Paae 2
Commissioner McBurney offered Resolution No. PC88-181 and moved for its
passage and r_doption that the Anaheim City Planainy Commission does hereby
grant Conditional Use Permit No. 3027, pursuant to Anaheim Municipal Code
Section 18.03.030.030 through 18.03.030.035 subject to the condition that the
6-foot high block wall shall be provided and maintained on the property line
in conformance with City of Anaheim standards; and that the proposed unit
shall face North Street on the aouth side of the building; and subject to
Interdepairtmental Committee Recommendation.
On roll call, the foregoing resolution was passed by the following vote:
AYES: BOUAS, BOYDSTUN, FELDHAUS, HERHST, MCBURNEY MCBURNEY, MESSE
NOES: NONE
ABSENT: CARUSILLO
Joseph Fletcher, Deputy City Attorney, presented the written right to appeal
the Planning Commission'a decision within 22 days to the City Council.
~M NO 10 CEQA NEGATIVE DECLARATION WAIVER OF CODE REQUIREMENT.
CONDITIONAL USE PERMIT NO 3028
PUBLIC HEA$ING• OWNERS: GILBERT MEDICAL PARTNERSHIP, 925 South Gilbert
Street, Anaheim, CA 92805. AGENT: S 6 M DEVELOPMENT CORPORATION, P. 0. Boz
3$68, Missiaa Viejo, CA 92690. LOCATION: 925 S. Gilbert Street.
CUP Requost: Waiver of a) minimum building site are per dwelling unit; b)
maximum structural height; c) minimum front setback (deleted); and, d) minimum
recreational/leisure area (deleted) to permit a 3-story, 31-unit "affordable•'
senior citizen's apartment complex.
Commissioner Boydstun declared a conflict of interact as defined by Anaheim
City Planning Commission Resolution tio. PC76-157 adapting a Conflict of
Interest Code for the Planning Commiasion and Government Code Section 3625, et
seq., in that her son is a consultant on the project and pursuant to the
provisions of the above Codea, declared to the Chairman that he was
withdrawing from the hearing in connection with Conditional Use Permit No.
3028, and would not take part in either the discussion or the voting thereon
and had not discussed this matter with any member of the Planning Commission.
Thereupon Commissioner Boydstun left the Council Chamber.
There were seven people indicating their presence in opposition and although
the staff report to the Planning Commission was not read, it is referred to
and made a part of the minutes.
Rent Boydstun, 703 North Anaheim Boulevard, stated the property is .75 acres,
with its current use facing Gilbert Street running all the way through to
Bruce Street which abuts a cul-de-say: in the rear. He stated they were
originally applying for 4 waivers, b~~. have deleted two. He submitted
information concerning the project`.'o 'c:he Commission and explained 10! of the
units will be affordable to low income seniors, and that they are requesting
density bonus. He stated the situ is in a good location to provide the
services required for senior citizens, including but not limited to public
transportation, fast food services, convenience market, and a strip shopping
7!6188
MINUTES ANAHEIM CITS( FLANKING COMMISSION, JULY 6 1988 Paqe 30
center. He stated there are RS-7200 properties immediately adjacent to this
property which are on the far side of the 3-story building they are proposing;
that the Garden Park Medical Center to the south is approximately 26 feet high
and the proposed project will be up nezt to it with a five foot setback, and
oa the other side there is a 31 feet setback and that t2tis project will be a
buffer between the CL zone and the residential zone.
Mr. Boydstun stated the building is placed on the lot next to the east and
south as far away as possible from the neighbors to try and take away some of
the visual impacts that come with a 3-story building. He stated there is a
54-foot setback from the lot line, with the parking on that side. He stated
that they are proposing to build a 6-foot high block wall and landscape the
green belt. He stated the developer has indicated he would put some large
trees in to establish some privacy for the neighbors.
He stated the Sruce Street entrance will have a Fire Department crash gate and
will not be an open accessway, so the traffic will enter and exit through
Gilbert Street.
Mary Shook, 905 South Gilbert, approximately 5 houses from subject property,
stated traffic on Gilbert Street is already heavy and that she believed this
will impact it even more. She stated the parcel is very small and a 3-story
building would invade the privacy of all the neighbors, and she did not feel
her back yard will be private with balconies built on the outside of these
units. She stated her feelings about affordable housing for seniors, is that
it starts out that xay, but the rental rates do go up forcing many of those
seniors to move. She stated she would like to know how the developer defines
"affordable" and how they limit their costs to keep seniors in there who can
indeed afford it. She stated it would probably be as ideal place for a
seniors project, because everything is convenient, but she thought the plan as
proposed with three stories would just be too much density and not practical.
Clara Prytz, 9820 South Bruce, immediately north of property, stated she has
lived there for 29 years and that area has beoa a residential area with
1-story buildings for 32 years. She stated putting a 3-story building nezt to
single-family homes will take away the privacy and security of thoir homes.
She stated she believed this area is too small to have 31 apartments looking
into their backyards and bedrooms and that the planned driveway and parking
area will take away the peace and tranquility of that area. She stated the
other property owners right nezt to it, Dr. and Mrs, Smith, were present
earlier to speak in opposition but had to leave. She stated she hopes the
Commission will consider that there are no 3-story buildings in this area, and
this is a 1-story residential area. She stated she believed in the future
they won't be able fio park in front of their townhomes. She stated in the
past the Council has been helpful to keep the residential area, and she hoped
the Commission will listen to them today and consider the implications of a
3-story building.
warren Carrigan, 907 South Bruce Street, stated they are looking at doubling
everything, with a 94~ density increase, 1 story to 3 stories, and stated he
xould like a definition for "low income".
7/G/68
MIHUTE$. ANAHEIM CITY PLANNING COMt~$ I N P 1
Debbie Vagts, Community Developn.ant Department, stated the rents are
calculated for seniors based on 50~ of the medium income. She explained for
seniors, the designation is very low income; and that a one-bedroom unit would
rent for 5440 a month.
Mr. Carrigan stated at present, they legally can build 16 RM-1200 units and
the request is to double that, and he felt that is too much.
Greg Hastings, Senior Planner, stated the waiver for maximum structural height
was taken from the RM-1200 zone, however, in the senior citizens ordinance,
there is a different height requirement and that waiver is not required. He
stated by allowing 1 foot for every 2 feet of setback from the single-family
zone, this project does meet that Code requirement and waiver "b" is no longer
necessary. He stated the height of the building measured to the ceiling of
the top floor is 26-if2 feet and the building is set back 54 feet, and the
height is measured to the ceiling of the top floor, and not to the roof. He
added in fact, the roof does slope, so measuring from the highest point of the
roof, it is set back even further than 54 feet.
John Dutcher, 912 South Bruce Street, stated like many other residents in the
area, he has resided there for over 25 years; and that there is already too
much traffic in the area and no more apartments should be built. He stated
there are senior units at 950 South Gilbert Street, and Ball Road and Gilbert
are seriously impacted with traffic and if those units are built, it will
affect Bruce Street. He stated he is not opposed to senior citizen housing if
built in a properly zoned area without variances or waivers. He stated very
low income units could have more of an impact, and noted there are no 3-story
buildings in the area, and a 3-story building rill stick out like a sore
thumb. He stated they rill have no more backyard privacy in the area close to
that project and explained he is three houses doxn from the proposed
structure. He stated the zoning of the property should remain commercial. He
stated he is not aware of any discussion between the developer and the
neighbors.
Mr. Boydstun stated there is ao formal entrance on Bruce Street and the only
access on Bruce Street is a crash gate in the event of a fire in the complex.
He stated he believed revision of a lot of other senior citizens complexes in
the area, would indicate the parking areas are half empty, and that most
seniors that age rely on public transportation, and that he did not believe
most seniors would gat out in rush hour traffic. He stated he would like to
assure Claire Prytz, who is adjacent to the property, that once the new block
wall is built, it probably aon't be any worse than looking at the painted
stucco xall now. He stated he has allowed a 4-foot green belt and they would
like to put some large trees in to try and keep this complex as a separate
entity from the neighborhood.
THE PUBLIC HEARING WAS CLOSED.
Chairwoman Bouas asked about the statements from the opposition regarding the
senior ,citizen complex across the street having parking problems and
non-senior citizens living them.
Claire Prytz explained there is a parking lot at the Gilbert Medical Canter
which a lot of problems because people fram the senior citizens complex on
Gilbert are parking there.
7/6/88
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MT NitTFC_ LNLTi£TM crTY' pL_~NNING COMMIssinx. .TtTT.Y R_ 1aRn Paqe 32
Claire Prytz ezplain tkse notices were mailed on the 24 the or 25the and some
people did not get the notices and they were marked with the wrong date and
they would like a longer continuance so they can get together and present a
report xith pictures. She stated they would like to speak with the developers
and possibly come to some kind of agreement, and asked for at least a 2-month
continuance.
Greg Hastings stated although the notices were sent out wii;!+ an incorrect
date, a corrected notice was mailed immediately afterward within the 10-day
period required by law.
Commissioner Messe asked Mr. Boydstun if there was u possibility of providing
some screening to the single-family neighborhood directly to the north.
Mr. Boydstun responded they could put the higher balcony at a siz-foot level,
solid to that point, and the tenants would still have a patio but would not
have the line of sight into other people's yards. Responding to Commissioner
Messe he stated he would make that stipulation.
Responding to Chairwoman Bouas, Mr. Boydstun stated they had not met with the
neighbors. He stated he went out and looked at the area and Claire Prytz had
indicated they had organized and started petitions and were coming in to fight
about this.
Commissioner Herbst stated he would like to point out to the people is
opposition to this project that he thought there could be some changes made,
but they should consider that the zoning on the property is CL, which is
commercial anc3 a senior citizen complez is probably one of khe lightest uses
they could have. He stated he believed they are misinformed about senior
citizens complexes and that the type of people who live in these complezes and
the type of people who nee3 these complezes need them because they are more
affordable to them. He stated studies have shown .8 parking spaces per unit
is quite adequate, and any senior citizen complex in Anaheim requires the
tenants to be an age of 62 or older.
Commissioner Herbst stated the opposition should consider that a commercial
use could be built there without coming before the Planning Commission, with
similar height and distance and the traffic could be three or four times as
great. He stated although he thinks something could be done about the height,
and the number of units could be reduced slightly, but he believed it is a
good project for the area because it is the lightest use which could be put oa
that piece of property.
Commissioner Herbst stated he would like to see a continuance on this property
for a certain period of time to allow them to redo their plans, show it to the
neighbors and come back before the Commission.
Commissioner McBurney concurred with Mr. Herbsts' analogy but stated he does
nat qo along with the 94~ density bonus. He stated he would go along with the
continuance.
Responding to Chairwoman Bouas, Mr. Boydstun stated he would like a
continuance of approximately 4 weeks.
7/6/88
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MINUTES. ANAHEIM CITY PLANNING COMMISSION. JULY 6, 1988 Page 33
Greg Hastings, Senior Planner, requested revised plans within 1-1/2 weeks.
Commissioner McBurney offered a motion, seconded by Commissioner Messe and
MOTION CARRIED to continue this item to the meeting of August 1, 1988.
RECESS: 5:35
RECONVENED: 5:50
Commissioner Boydstun returned to the meeting.
ITEM N0. 11. CEOA NEGATIVE DECLARATION. WAIVER OF CODE REOUZREMENT AND
CONDITIONAL USE PERMIT N0. 3029.
PUBLIC HEARING. OWNERS: EVERETT A. HOLMES AND LOUISE M. HOLMES, 715 Webster,
1110, Anaheim, CA 92806. AGENT: PLANTATION MOBILE ESTATES, INC., ATTN: DUDLEY
FRANK, 505 N. Tustin, N151 Santa Ana, CA 92705. PROPERTY LOCATION: 1842
South Mountain View Avenue.
CUP Request: Waivers of a) minimum depth of front yard; b) minimum depth of
side yard; c) minimum depth of rear yard; and d) maximum fence height to
establish a 5-space mobilehome park.
There was no one indicating their presence is opposition to subject request
and although the staff report was not read, it is referred to and made a part
of the minutes.
Dudley Frank, 505 N. Tustin, Santa Ana, stated this property is located at the
dead end of Mountain View below Ratella, a street which has been a problem for
a long time. He stated they own property on two sides of this property and
the ezistiag Plantation Mobile Estates comes around on both the east and
south, and they own the home immediately adjacent to the property oa the
south. He stated these lots are smaller than what is seen typically being
developed today, but they are trying to add onto a mobilehome park that was
built 28 or 29 years ago. He stated to keep it as affordable as possible,
considering the cost of land, etc., they want 2-bedroom, 2-bath mobilehomes on
the 5 spaces. He stated it fits well because they own the adjacent property
and can use the ezistiag driveway which will be shared with the property next
door.Commissioaer Herbst stated they own the property next to this, but it
doesn't appear to be part of the hearing and asked if they have as easement
going across the property.
Greg Hastings, Senior Planner, responded it was represented to staff as a
separate property from the mobilehome park. Mr. Frank added there is a
condition included which requires an easement which will be given from the
property nezt door.
Greg Hastings stated the trash enclosure is oa a portion of property which is
not advertised as part of this application. He stated it is not a problem
other than it is is a setback for the adjacent property and the standard
condition would ~ that they comply with whatever the oanitation Division
requires, and in some cases, they will allow a trash enclosure on ar djaceat
property.
7/6/88
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MINUTES ANAHEIM CITY PLANNING COMMISSION. ~n?TY 6 1988 Page 34
Responding to Chairxoman Bouas, Mr. Frank stated this would be managed through
the ozisting mobilehome park.
Commissioner Messe asked if legally they need some kind of reciprocal use
agreement and Mr. Frank responded there needs to be an easement, and it was
included that they have to provide an easement or a reciprocal agreement and
that he would make that stipulation, and also that they would provide as
easement for the trash if needed.
Joseph Fletcher, Deputy City Attorney, stated it is a shared driveway and
recommended there be a reciprocal access agreement. He responded that they
need to establish that they have the right to put the trash enclosure there
and keep it for the term of the conditional use permit.
I N: Commissioner McBurney offered a motion, seconded by Commissioner
Messe and MOTION CARRIED (Commissioner Carusillo absent) that the Anaheim City
Planning Commission has reviewed the proposal to establish a 5-space
mobilehome park with waiver of minimum depth of front yard, minimum depth of
side yard, minimum depth of rear yard and mazimum fence height on a
rectangularly-shaped parcel of land consisting of approzimately 0.22 acro,
having a frontage of approximately 62 feet on the east side of Mountain View
Avenue, approzimately 550 feeC south of the centerline of Ratella Way and
further described as 1842 South Mountain View Avenue; 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 :.nd 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.
Commissioner McBurney offered a motion, seconded by Commissioner Herbst and
MOTION CARRIED (Commissioner Carusillo absent) that the Anaheim City Planning
Commission does hereby grant waivers of code requirement on the basis 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 is 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.
Commissioner McBurney offered Resolution No. PC 88-183 and moved for its
passage and adoption that the Anaheim City Planning Commission does hereby
grant Conditional Use Permit No. 3029, pursuant to Anaheim Municipal Code
Section 18.03.030.030 through 18.03.030.035, subject to Interdepartmental
Committee Recommendations, includinn 3a additional condition requiring an
access easement or agreement for r.hsb'rrash enclosure oa adjacent property,
subject to approval of the Sanitat~r;a I2ivisioa.
On roll call, the foregoing resolution xas passed by the following vote:
AYES: BOUAS, BOYDSTUN, FELDHAUS, HERSST, MC BURNEY, MESSE
NOES: NONE
ABSENT: CARUSILLO
Joseph W. Fletcher, Deputy City Attorney, presented the written right to
appeal the Planning Commission's decision within 22 days to the City Council.
7/6/88
MINUTES, ANAHEIM CITY PLANNING COMMISSION, .TULY 6, 1988 Paqe 35
ITEM N0. 12. CEOA NEGATIVE DECLARATION. WAIVER OF CODE REQUIREMENT. AND
CONDITIONAL USE PERMIT NO. 3031.
PUBLIC HEARING. OWNERS: ORANGE COUNTY STEEL SALVAGE, 3200 East Frontera
Road, Anaheim, CA 92816. AGENT: 91 FREEWAY AUCTION SP.LES, P. 0. Boz 6258,
Anaheim, CA 92816. LOCATION: 3180 East Frontera Street.
CUP Request: Waiver of maximum area of. freestanding sign to establish an
automobile auction sales facility and satellite parking lot.
Commissioner Messe 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 he does business with applicant and pursuant to the provisions of the
above Codes, declared to the Chairman that he was withdrawing from the hearing
in connection with Conditional Use Permit No. 3031, and would not take part in
either the discussion or the voting thereon and had not discussed this matter
with any member of the Planning Commission. Thereupon Commissioner Messe left
the Council Chamber.
There was ao one indicating their presence is opposition to subject request
and although the staff report was not read, it is referred to and made a part
of the minutes.
Philip Anthony, 3257 Pacific Avenue, Costa Mesa, stated the application is for
a retail automobile auction on property which is part of the 32 acres which
goes all the way from the hotel along Frontera Street to the railraod oa the
east. He stated this is part of the property which includes the recycling
center and it is intended to be developed in a permanent use as soon as the
recycled material is removed from the property which they committed to the
City in the past to do, and the dfrvelopment is dependent upon the work in
progreta to remove the shredder waste pile.
He stated this proposal is to put a lox intensity interim use on the site. He
stated this use would not require any permanent structures, and is a very
light use for the property, and would not have any impact on the surrounding
areas, except possibly traffic, which will be discussed later. He stated the
auctions would be held on weekends and additional parking would be provided in
the satellite parking lot to the east which would also solve some other
parking needs in that area, by providing additional parking for the recycling
center employees and also additional parking for the auto parts yard oa the
east end of the recycling center. He stated another feature is that since it
is retail auction sales, it would generate a substantial amount of sales tax
to the City. He stated all the activity would be auto sales, and could amount
to roughly 510,000 per weak in sales tar revenue.
Mr. Anthony stated the traffic volumes they project are rather low and would
tend to be at their highest on the weekends xhich would be off the peak hour
for almost anything else in that area. He stated the parking will be in
ezcess of what they 'uelieve is necessary with a total of over 300 spaces and
the actual demand would be more like 230. He stated there is additional land
in that area which cou13 be used for parking if needed. He stated they are
proposing a comprehensive security staff on duty at all times and even more
when the public is there. Ae stated there will be good directional signs to
let the people know where to park and how to reach the public areas.
7/6/88
vrurrrve ANAHEIM CITY PLANNING COMMISSION JULY 6 1988 Paae 36
He stated they are asking for the same standard sign that this kind of use
would have in any other zone and he thought it is appropriate to have the
information as to what days and hours the auctions would be held in the sign.
He stated they have worked with Staff to try and develop conditions which do
contain and limit this use as carefully as possible and they agree with all
the conditions, but that he did have a couple of questions. He stated
Condition No. 5 requires an offer to dedicate a strip of land along the edge
of the satellite parking lot for a possible street and he believed tYiat is a
little premature since that street is not needed for this use. He stated he
did not think the extension of Frontera is on the City maps as a designated
City street at this time and when the property is later proposed for permanent
development, any kind of street needs could be picked up at that time, and
some of the street layouts, in fact, show different configurations to suit a
total permanent development for the entire property. He stated he did not
believe Condition No. 5 is needed at this time and the City would be protected
in getting the street dedications later when they're actually identified and
defined.
He stated Condition No. 15 was discussed with the staff and developed as some
way to try and put limits on this use and a control point, so if. something did
get out of hand, there would be an easy vay for the City to stop it. He
state, however, a two-year time limit is too short to go through Witt the
financing requirements of this project and asked the Commission to consider
some kind of adjustment to that time limit. He stated he believed the time
limit should only be applied to the auction operation and not the satellite
parking lot, because he would not want that to be stopped because it has a
very useful purpose for other reasons. He stated to would like to suggest a
three-year limit and have the clock start if and when this application is
approved or perhaps having it start when the operation is actually ready to
commence activity. Ae stated the two-year limit has serious implications on
their plans to achiove financing for the start-up costs.
He stated Condition No. 18 limits the hours of operation and this is what they
proposed to help keep things contained and they would only want to have the
public auction allowed from 10:00 a.m. to 6:00 p.m. oa Saturday and Sunday.
He stated he believed the wording of the condition could be adjusted to read
that the hours of public auction operations shall be limited to 10:00 a.m. to
6:00 p.m. and noted currently it could imply that all operations be limited
and of course, there would be office type operations going on before and after
auction hours.
THE PUBLIC HEARING WAS CLOSED.
Mr. Anthony responded to Chairwoman Bouas they did not have any plans to have
lights for the auction lot itself because would not be used during dark
hours. Commissioner Feldhaus stated they might want to consider lighting
because it is a critical point.
Chairwoman Bouas asked nho was going to oporate the auction and Mr. Anthony
responded it would be operated by a separate company made up of auction
ezperts, and managed by an auction rrofessional.
7/6/88
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MINUTES. ANAHE M ITY PLANNING COMMISSION. JULY 6. 1988 Paqe 37
Commissioner Boydstun asked the reason for having the parking lot up front,
separate from the auction lot.
Mr. Anthony responded one of the coat%•:ras is cost, and the advantage of the
Lincoln Materials lot is that it is there and it is already paved and to pave
a lot that size, even with simple asphalt surfacing is probably about
5200,000; and that stated it just seemed it would be a shame not to take
advantage of the ezisting lot. He stated there is also an ezisting little
building which they would clean up and renovate and use as an office.
Chairwoman Bouas asked when the shredder waste would he cleaned up.
Mr. Anthony responded nobody knows for sure and explained they are following
court orders and the operation is under the total direction of the State
Department of Health, with monitoring by this City's staff and the other
agencies; and that they just completed the engineering study to examine all
the different possible ways of removing the shredder waste. He stated that
report has been completed by an outside engineering consultant, approved by
the Sate Health Department, and it has now been submitted to the Health
Department and others to consider the various recommendations and they will
eventually come back and recommend or approve which of the different possible
methods can be pursued to remove the shredder waste. He stated it does appear
there are several technical, legal, and environmentally safe ways to do it,
but the key is that it will take time, and there is such a large amount of it
there and just to qo through the tons and tons that are there, would take
several years. He stated that operation is proceeding and is under the total
direction and control, not only of the court order, but also the Health
Department, Anaheim City staff, and the County, and the Anaheim City Code
Enforcement people are there virtually every day monitoring xhat's happening
now, as well as the County, and the State people coma by an a regular basis.
He stated it is unfortunate but it is slow process and it is definitely in the
formal process of going through the various steps.
He stated it will probably take several years to qel• it done, which is the
very reason they need to put some of this land to use, if possible, because
the owners are under tremendous pressure to keep paying the mortgage payments
and to keep the money available to do all this study and treatment fo.c the
shredder waste if its is almost essential to get some kind of revenue coming
in to keep all this going. He stated as the City and Council have recognized
before, if this entity goes out of business, the problem still sits there. He
stated once everything has been taken care of, the plan is to clear everything
off of that land and bring a complete proposal to the City for a total best
use, with a modern development of the entire site. He stated they started
that several months ago, and the staff has had some initial input, and they
proposed a specific plan for the entire 32 acres, but had to suspend that
until the shredder waste removal gets a little further along.
Chairwoman Bouas stated she thougnt the auction will have too great a traffic
impact on that area, with the dead end street and with the hotel, people will
be parking in the hotel's parking lot and the eztr.a parking for the use is too
far away and she thought they have to move it all together where it is not
going to impact the hotel.
7/6/88
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MINUTES. ANAHEIM CITY PLANNING COMMISSION, JULY 6, 1988 Page 38
Mr. Anthony stated they had discussed this at great length with the hotel, and
he did not believe they have any objection at all; however, they did raise
several issues and their primary concern was not with the traffic, and they
felt the security system would probably be safe, but they were concerned
because it would be a interim and a no;n-permanent use, and they would like to
see the ultimate development some day too in a proper modern use. He stated
they were concerned about the frost landscaping and the conditions do require
that landscaping. He stated their third concern was that there be no loud
public address system which would bother the hotel. He stated they agree with
all of those request, however, the last one is not covered in the conditions
because they did not think of it. He stated they would be agreeable to some
condition that requires that the loudspeakers be at a reasonable level and not
be directed towards the hotel. He stated he believed since they are not
present, it indicates acceptance, and that they do not have any objection to
the basic proposal.
Cortunissioner Herbst stated Mr. Anthony has discussed some of the things he was
concerned about, and that he thought this is a bad location for the proposed
use. He stated he has no objection to putting it on the landfill or the dump
site and that piece of property probably could be developed with something
nice before the pile of ~saste is removed, but he thought this auction place in
one ase,a sad the parking is another would eliminate further development of
that site. He stated if they don't sell all the cars, they are going to sit
there for a week until the nezt auction, and some of them could be there quite
a long while; and that some of the things the Adams family have promised over
the year have nev+ar happened and that concerned him; that he recognizes the
aced to develop the property, but that he is not in favor of something like
this; and that the sign is by far too big, and it would certainly impact the
hotel. He stated the City h.as had past ezperiences with parking problems at
suctions, and the public is very hard to control, and they don't want to walk
too far. IIe stated in his opinion this is just too far away and they will
park in the street, or even in the hotel parking lot even if "no parking"
signs era posted.
Commissioner ealdhavs asked if the people who are naw parking on both sides of
Frontera Street and are using the auto parts sales, could use parking lot to
keep them off Frontera. He stated he did not think people would park on the
hotel parking lot because he vas sure if the hotel posted signs and had the
vehicles towed, the problem would stop. Mr. Anthony stated a that is part of
their intent, and they want to have enough space there to direct all that
traffic inside off street and also then to restrict parking on Frontera. He
stated the second step would be to come back with a parking plan oa the
street. Mr. An!_hoay stated they have offered to provide security fox the
hotel to prevent use of their parking lot.
Commissioner Feldhaus stated the auto parts sales advertises that they are
open 8:00 a.m. to x:00 p.m. seven days a week, so they are actually in
operation seven days a week.
Mr. Anthony responded they are, but the recycling center with all of its
activity and the big trucks is closed on weekends.
7/6/88
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MINTTYES, ANAHEIM CI27 PLANNING COMMISSION, JULY 6, 1988 Page 39
Commissioner Herbst stated he realizes it will cost mare r'riGBy to develop the
property below, but $f the auction ,'ae:n happen to qro~,~, they would have a
nl,sce to grow. He stated at some ;paint thexs may aee3 to be subterranean
parking :in order to make use of the dtwzsp si.ts+ property.
Commissioner F.eldY.aus stated this ir. re~,uest for a Conditional ~JSe Permit
a~:: if it is app,,ovad with restrictiurra~ an(~ :bose restrictions arts violated,
the permit. couC:, bs reviewed and revt;ke:~.
Commiss.ion•~,r Herbst pointed out conditioa~ have been violated by this
applicant in the past and Commissioner Feldhaus responded this is a sep~srata
request for a separate use and shauld be considered on its own merit.
Responding to CGao+issioaer Herbst, Mr. Anthony stated he would like to submit
a plan the City £:r:wa will work and that he did not expect this use to be
there for longer ~•.haa a few years. He explained the Adams family will have an
interest in the action but it wi:l be managed and conducted by a professional
auction company.
Commissioner Herbst stated h~a wou.Id like to see the matter continued in order
for a revised plan to be submitted. Chairw~~man Houas stated ahJ would like to
sae a landscape plan submitted at the same time. Commissioner IIerbst stated
if revised plans include ezpansioa of tine larger parcel, the .-na;,ter would have
to be readvertised.
ACTION: Cotr_missioner Herbst offered a motion ssconded by Coap ir.•.^.•jcnei
McHurney and motion parried that coasi3eration of the aforese^-:'••,:::ad matter to
t2re meeting of August 1, 1988, ia.~order that revised plans c•nn ~e submitted.
ITEM NO. 13. - CEQA NEGATIVE DECLARATION. WAIVER OF CODE REOU~R_S~•T~1 2ID
CONTIONAL U;CE PERMIT NO. 303.2.
PUH:,IC HEARING: f1WNERS: WOODCRuST DEVELOPMENT, INC., ATTti:
JAMES A HIGHLAND, 17911 Mii•c8,e11, 'rvine, CA ?2714. A~"EhT: THE GARDEN
CHUR(;H, ATTN: ARIAN 1.. CaOtV, 54.25 E. La Palma Avenue, Anaheim, CA 92807.
LOCATiGN: 23472 E. Spmta Ana c,.r~a~ Road.
CUF' Request: Waiver of Pj required improvement of parknq area; and. b)
permitted n;r;r.;oer and site of freestanding identification signs to ~erml;. a
semi-•enclOSCd "Ga.rden Church" for three years mazimum.
Pastor Hrian Crow, Aqeat, referred to the proposed co•adition and partit'.ularly
No. 16, stating they want to install the underground utilities when the nwhel
units are developed.
Ronnie Jackson, Rutan and Tucker, =epresentinq Richard Wallace, owner -.~f th~~
property recently purchased by the church, sta!:e3 the Waliaces have no
objection to the proposed use provided the church is not useR ac a basis fpr
objections to tke Wal),ace's dewelopmeut of their property in t?,e fv.ture. She
stated she had .spoken to Greq Sanders avid ho did not see any problem; so with
that as the bar,;is, the 'rdallaces have no objection at this time.
Hrian Crow stated they are a-rally looking _°nrward to vorkinr~ with them, and
stated one of the most wasted uses iH the church parking lot and they will
work with them to develop the property to the grsatest benefit of everyone.
7/6/88
MIIS:;*ES ANAHEIM CITY Phl.:iNING C~~MMISSZUN. JULY 6. 1988 Page 40
THE PLC*_.ZC HEARING WAo ZL~)SFD.
Chairman Messe :t~t3a he has no objection to the cross on the hill, Lut fe1L
the sign below sh~culd Ln kept within Code.?::±mm?'.ssianer Eouas asked about the
marked Darkinq sp.nces and .Art Daw, Deputy CiL'y Eaq:.per, explained the Traffic
Engin:er was interested in the ability to mark they na-kia~q lot because spaces
sre not clearly ! •lineated and the maximum benefit is ~~t derived.
Pastor Crow suggested using bas9ba11 =field striping~rGChiaes and headers which
they could move firs the future. Hs adued they will ..outrol the parking
sitvetion nod will work closely with Mr. Singer.
Art Daw~ stated the type of striping mea~ianed would have to be redone every
time th+> area is used for parking.
Pastor Ccow stated they mould want to usa samOthiag temporary because if they
paved tY.t lot, it would have to be removed when they develop the property.
Commissioner Herhst, stated the poi t is not tc have any cars parked aisnq the
road.
Pastor Crocr stated C~ey are trying to co-exist and have allowed the Wallaces
to continuo to run 1.aeir horses on this property.
Chairman. Messe stated the thought it is great to introduce ~:be Garden Church
on a temporary basis with a temporary co4:4itional use permit because it is not
really known whA*_ the impact will be.
Pastor C:oa stated he feels comfortable ~xith a temporary conditional use
permit.
Art Da~v„ Deputy City Engineer, stated tho Engineering Department is ?greRable
ro dele:.ing Conditions 5 and 6 requiring :mnrovemen.t of Santa DJ.e Canyon Road
since this will be a temporary use. He explained, h•--aver, when permanent
structures are built, that improvoment would be r-squired.
Mr. :."ax• suggesi;ad Cor:l3tiona No. 10 should, be amended with the addition that
the ~*-ripinq of t'he parking lot be approved by the Traffic Engineer.
C~ncc~zning the trafsic signal: assessment fee, Coad+ition No. 2, he recommenbed
that condition remain as is aa~d when fate permanent structure is constructed,
they would be creriited.
Pastor Crow stated pess.ibly they c~n.ld just hang the sign from 8:00 a.m. to
noon oa Sundays for the duration of this temporary permit.
Greg Hastings stated this would not qualify for a special event permit, but
that could be included as a condition of approval in the permit.
Tom Rirker, Electrical Division, stated they could recommend the street
lighting condition be waived and street lights should be installed with the
improvements of Santa Ana Canyon Road. However, they would recommend safety
lighting be installed at the driveway antrances. He stated the City o2
7/6188
MINUTES ANAHEIM CITY PLANNING COMMISSION NLY 6 1988 Paae 41
Anaheim requires all services to be underground at the time of development;
and that this site may be serviced by Southern California Edison Company, and
they might be servicing them until future development occurs in the Canyon
area. He added there should be underground utilities, even on a temporary
basis. He ezplained services must be overhead to Santa Ana Canyon Road and
then underground from Santa Ana Canyon Road onto the property.
Commissioner Feldhaus suggested the utilities only be underground in places
xhere there is public access.
Pastor Crow stated they would like to avoid that just for this interim period
and the roadway is not certain at this point.
Responding to Commissioner Feldhaus, Paster Crow stated depending on their
negotiations, the services will come across their ranch. He stated they will
try to work something out with Edison.
Art Dax ezplained Condition No. 13 pertains to the Major Bridge and
Thoroughfare Fee and that is a City Council resolution and he did not think
Commission can waive it, but if the church can show proof of ezert+ption, they
would not have to pay the fee and that would be done through the City
Council. Pastor Crow stated this is the first time to subdivide a developmeht
agreement and they are actually coming in on the heels of Woodcrest and their
attorneys are under the impression the fees have already been paid. Mr. Dax
stated he did not believe they have been paid, but that the church will be
exempted if they shox the City proof of exemption. Commissioner Bouas stated
the problem is that Woodcrest would be Baying the the fee on the total. Mr.
Daw responded normally the fee is based on duelling units and this area xas
designated for open space and was probably not included.
Commissioner Feldhaus asked if the petitioner would like a continuance to meet
with the various City departments or xould he like a vote.
Pastor Crow responded the only problem would be underground utilities across
tI•.+ drainage ditch.
Commis:~ioaer Bouas stated the Commission cannot waive that requirement and
suggested going ahead with tY:e action and let him work out any problems xith
the Elect~'ical Division.
j~TION;. Commissioner Feldhaus offered a motion, seconded by Commissioner
Herbst aad.~JTION CARRIED that the Anaheim City Planning Commission has
reviewe~ the proposal to permit a semi-enclosed "Garden Church" for a period
of three (3) year mazimum with waivers of required improvement of parking area
and permitted number and size of freestanding identification signs on an
irregularly-shaped parcel of land consisting of approsimately 34 acres having
a frontage of approzimately 155 feet oa the south side of Santa Ana Canyon
Road, approzimately 3,698 feet (0.7mi) west of the centerline of Gypsum Canyon
Road and further described as 23472 E. Santa Aaa Canyon Road; 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 oa the basis of the Iaitia'1 Study and any
comments received that there is no substantial evidence that the •~'oject will
have a significant effect on the environment.
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E AN CITY PLANNING COMMISSION JULY 6 1988 _ Paae 42
Commissioner Feldhaus offered a motion, seconded by Commissioner Herbst and
MOTION CARRIED that Anaheim City Planning Commission does hereby grant waiver
(a) subject to the petitioner's stipulation that striping and parking headers
will be provided in the parking lot as approved by the City Traffic Engineer;
and granting waiver (b) in part, permitting one sign., on the basis that there
aze special circumstances applicable to the property such as size, shape,
topograahy, location and surroundings which do not apply to other identically
zoned property in the same vicinity; and that strict application of the Zoning
Cade deprives the property of privileges enjoyed by other properties in the
identical zone and classification in the vicinity and subject to
Interdepartmental Committee recommendations.
Commissioner Feldhaus offered Resolution No. PC88-184 and moved for its
passage and adoption that the Anaheim City Planning Commission does hereby
grant Conditional Use Permit No. 3032 for a period of three (3) years,
pursuant to Anaheim Municipal Code Section 18.03.030.030 through
18.03.0030.035 subject to Interdepartmental Committee Recommendations
including modifications and stipulations of the petitioner.
On roll call the foregoing resolution was passed by the following vote:
AYES: COMMISSIONERS: BOUAS, BOYDSTUN, FELDBAUS, HERBST, MC BURNEY, MESSE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: CARUSILLO
Joseph W. Fletcher, Deputy City Attorney, presented the rights of appeal.
ITEM N0._14 CEQA NEGATIVE DECLAR~Z~ ~~`~ CONDITIONAL USF PERMIT NO 3008
(READVERTI~Z.
PUBLIC NEARING. OWNER: OLYMPIA STATIONS, 405 Park Aveaua, New York, N. Y.
AGENT: GARY ENGINEERING, 2207 Garnet Avenue, San Diego, CA 92109. Property
is located at 100 N. Beach Boulevard.
Request to amend certain conditions of approval pertaining to fast food sales
in a convenience market with gasoline sales.
It was noted the petitioner has withdrawn subject request.
~fTION: Commissioner Mc Burney offered a motion, seconded by Commissioner
Nerbst and MOTION CARRIED (Commissioner Carusillo absent) that petition for
amendment to conditions of approval for Conditional Use Pezmit No. 3008.
ITEM_~IQ 1° CEQA NEGATIVE ' c.Cx~~RATION .~.'^i, VARIANCE NO 3615 (READVERTISE7)
PUBLIC BEARING. OWNER: NEVADA INVESTlSENT HOLDINGS, INC., ATTN: JOHN E.
SIMMONS, 220 Congress Park, Suite 2130, Dsl Ray Beach: Florida 33445.
AGENT: DETER GENOVESE, 23211 South Pointe, Laguna Bills, CA 92653. Property
located at 1841 West Lincoln Avenue.
Request to permit fast-food restaurant uses in a previously approved 5,000
square foot commercialfretail building with waiver of minimum number of
parking spaces.
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MINUTES ANAHEIM CITY PLANNING COMMISSION JULY 6 1988 Paoe 4
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.
THE PUBLIC HEARING WAS CLOSED.
TI N: Commissioner Messe offered a motion, seconded by Commissioner Herbst
and MOTION CARRIED (Commissioner Carusillo absent) that the Anaheim City
Planning Commission has reviewed the proposal to permit fast-food restaurant
uses in a previously-approved 5,000 square foot commercial/retail building
with waiver of minimum number of parking spaces on a rectangularly-shaped
parcel of land consisting of approzimately 10.5 acres located at the northwest
corner of Lincoln Avenue and Crescent Way, and further described as 1811 West
Lincoln Avenue; and does hereby find that the previously approved Negative
Declaration is adequate to serve as environmental documentation for subject
request.
Commissioner Messe offered Resolution No. PC 88-185 and moved for its passage
and adoption that the Anaheim City Planning Commission does hereby grant the
request to amend conditions of approval in connection with Variance No. 3615.
On roll call, the foregoing resolution was passed by the following vote:
AYES: SOUAS, BOYDSTUN, FELDFiAUS, HERBST, MC BURNEY, MESSE
NOES: NONE
ABSENT: CARUSILLO
Joseph Fletc):sr, Deputy City Attorney, presented the written right to appeal
the Planning Commi.ssioa's decision within 22 days to the City Council.
ITFwS NO 16 REPORTS AND RECOMMENDATIONS.
A PROPOSED CREATION OF A ZONING CLASSIFICATION OF PD-C/RM-2400 (PARKING
QZ ICT COhu~RCIAL/RESIDENTIAL MULTIPLE FAMILY) FOR THOSE PROPERTIES
ADJACENT TO PROPERTIES FRONTING ONTO NORTH ANAHEIM~4ULEVARD.
Greg Hastings, Senior Planner, ezplaiaed staff is looking for direction
pertaining to the PDC/RM 2400 zoning designation which the Commission has been
interested in establishing, and reco~rcnended the Commission direct staff to
initiate the procedures since public hearings would have to be held, etc.
Commissioner Boydstun asked if the area from Wilhelminia to La Palma is
covered and Mr. Hastings responded the area south of Zeyn is RM 2400 and
everything else is RM-2400 and commercial, and one property oa the east side
of Anaheim Boulevard is zoned RS-7200, and that it appears the Commission is
interested in rezoning RM-1200 properties to RM-2400. Commissioner Boydstun
stated she thought everything, ezcept the property zoned RS-7~C0, should be
rezoned, and Mr, Hastings pointed out there are properties zoned commercial
currently which would remain the same, and eaplaiaed staff's question is
whether the property currently coned commercially should be rezoned to RD-C
which would allow RM-1200 development. He recommended that this matter be
held up until the City Council has adopted the new ordinance.
7/6/88
s,
MINUTES. ANAAEIM CITY PLANNING COMMISSION. JULY 6. 1988 Paqe 44
A TION: Commissioner Herbst offered a motion, seconded by Commissioner
McBurney and MOTION CARRIED that the Anaheim City Planning Commission does
hereby find that the proposed ordinance to create a new PD-C/RM-2400 zone is
appropriate and recommends that it be adopted by the City Council and
following adoption that reclassification proceedings be initiated for those
properties L•ound to be suitable and that official notification be sent to
affected property owners.
B. CONDITIONAL USE PERMIT N0. 2927 - REQUEST FOR TIME EXTENSION TO COMPLY
WITH CONDITIONS OF APPROVAL.
Request from A. Marx, General Manager, Steiner Corporation, for a one-year
time extension for Conditional Use Permit No. 2927. Property located at 1755
South Hester Street.
ACTION: Commissioner Herbst offered a motion, seconded by Commissioner Mc
Burney and MOTION CARRIED (Commissioner Carusillo absent) that the Anaheim
City Planning Commission does hereby approve a one-year time extension for
Conditional Use Permit No. 2927, to expire July 6, 1989.
ITEM C. CONDITIONAL USE PERMIT N0. 2992 - REQUEST FOR REVIEW AND DETERMINATION
OF SUBSTANTIAL CONFORMANCE WITH PREVIOUSLY APPROVED PLANS.
Petitioner requests review and determination of substantial conformance with
previously-approved plans for Conditional Uso Permit No. 2992, granted to
permit a contractor's storage yard with waivers of minimum landscaped setback
and required screening adjacent to a residential zone at 506 S. Lemon Street.
ACTION: Commissioner Herbst offered a motion, seconded by Commissioner
McBurney and MOTION CARRIED (Commissioner Carusillo absent) that the Anaheim
City Planning Commission does hereby find that the proposed revised plans,
increasing the square footage of the portable office trailer, are is
substantial conformance with previously-approved plans.
ITEM D CONDITI027A:, USE PERMIT NO 1871 VARIANCE NO 2497 Request for
~rmiaation. Propsrty located at 1111 West Lincoln Avenue.
M. Shahshahani of Rotanda Development Company requests termination of
Conditional Use Permit No. 1871 and Variance No. 2497 is order to comply with
conditions of approval of Conditional Use Permit No. 3012.
ACTION: Commissioner Herbst offered Resolution No. PC 88-185 and moved for
its passage and adoption that the Anaheim City Planning Commission does hereby
terminate all proceedings is connection with CUP 1871 and Variance No. 2497.
On roll call, the foregoing resolution was passed by the following vote:
AYES: HOUAS, BOYDSTUN, FELDEAUS, HERBST, MC SURh'EY, MESSE
NOES: NONE
ASSENT: CARUSILLO
7/6/88
7'~
MINU'S'ES ANAHEIM CIT'~..f' ....+ccrnx ntty 6 1988 tae 45
OT ER DISCUSSION•
Commissioner Feldhaus stated he would like to instruct staff to consider
establishing a policy or procedure of notifying homeoxners when the developer
requests a continuance after public notice has been given, and that the
developer should be required to pay for the notification. He stated he could
offer some suggestions and one xould be for the developer to notify the
neighbors by registered mail or overnight mail delivery service, or even a
phone call.
Commissioner McBurney asked if our present notification system is covered by
an ordinance or a lax.
Joseph Fletcher, Deputy City Attorney, stated xe have no procedure ordinances
dealing with our policies or parliment.ary procedures; that provisions of 18.03
for the Planning Commission mandates that Planning Commission has the
authority to continue a matter to obtain further information and that is to
cover a situation where the Commission might want to continue a matter over
the objections of the applicant; hoxever,this is a situation xhere the
applicant is requesting the continuance and the Commission does have the poxer
to either grant or deny the request xithout any further action. He
recommended the Commission direct staff to put this matter on the Wert agenda
for discussion so that the Commission can instruct staff to come back xith
some recommendations.
Commissioner Feldhaua stated he xould like to instruct staff to looking into
modifications to Section 18.87 pertaining to service stations, particularly
the provision that the restrooms be properly cleans and maintained and are not
unisez and that he felt that should be retroactive to some date and also that
something should be doe to prohibit gasoline service stations from charging
for air and water.
Mr. Fletcher stated that should also ageadized for the nezt meeting.
ADJOURNMENT:
Commissioner McBurney offered a motion, secomded by Commissioner Berbst and
MOTION CARRIED (Commissioner Carusillo absent) that the tntretinq be adjourned.
THE MEETING WAS ADJOURNED AT 7:07 p.m.
Respectfully submitted
Edith L. Barris, Secretary
Anaheim :.'ity Planning Commission
110128m
7/6/88