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Minutes-PC 1989/05/08ACTION AGENDA ~~ REGULAR MEETING OF THE ANAHEIM CITY PLANNING COMMISSION '`~•' MONDAY, MAY 8, 1989, AT 9:00 A.M. PP.ELIMINARY PLAN REVIEW AND/OR FIELD TR?^ INSPECTION - 9:00 A.M. DISCUSSION ITEMS: 1. FIRE DEPARTMENT UPDATE OF ORANGE COUNTY STEEL SALI7AGE SITE, FRONTERA STREET. 2. CITY ATTORNEY DISCUSSION REGARDING SATELLITE DISHIBS. 3. PRESENTATION BY REDEVELOPMENT AGENCY FOR IMPLEMENTATION PLAN FOR DT_SPOSITION OF HISTORICAL PROPERTIES - PHASE I (5 MINUTES). PUBLIC HEARINGS AND PUBLIC TESTIMONY: ITEMS 1 THROIIGH 10 WILL BE HEARD AT 1:30 P.M. ITEMS 11 THROUGH 19 WILL BE HEARD AFTER 6:00 P.M. ALL COMMISSIONERS PRESENT MINUTES OF FEBRUARY 27, 1989 APPROVED, AS CORRECTED PROCEDURE TO EXPEDITE PLANNING COMMISSION PUBLIC HEARINGS 1. The proponents in applications which are not contested will have five minutes to present their evidence. Additional time will be granted upon request if, in the opinion of the Commission, such additional time will ~~~ produce evidence important to the Commission's consideration. ,,p 2. In contested applications, the proponents and opponent will each be given ten minutes to present his case unless additional time is requested and the complexity of the matter warrants. The Commission's considerations are not determined by the length of time a participant speaks, but rather by what he says. 3. Staff Reports are part of the evidence deemed received by the Commission in each hearing. Copies are available to the public prior to the meeting. 4. The Commission will withhold questions until the public hearing is closed. 5. The Commission reserves the right to deviate from the foregoing if, in its opinion, the ends of fairness to all concerned will be served. 6. All documents are presented to the Planning Commission for review in connection with any hearing, including photographs or other acceptable visual representations of non-documentary evidence, shall be retained by the Commission for the public record and shall be available for public inspections. 7. At the end of the scheduled hearings, members of the public will be allowed to speak on items of interest which are within the jurisdiction of the Planning Commission, and/or agenda items. Each speaker :vill be allotted a maximum of five (5) minutes to speak. 0511b Page 1 la. CEQA NEGATIVE DECLARATION Approved lb. RECLASSIFICATION N0. 88-89-32 Granted `~~:.~ lc. VARIANCE N0. 3893 Granted ~ l OWNER: LINDA LEE SPRAGUE, 1305 1/2 W. North Street ~l ~ U"""' Anaheim, CA 92803 LOCATION: 1305 and 1307 W. North Street RS-10,000 to RM-3000 Waiver of (a) minimum building site area per dwelling unit, (b) maximum structural height, (c) minimum structural setback and (d)minimum recreational/leisure area to construct a 16-unit condominium complex. Continued from the January 16, 1989, February 27, 1988, March 13, 1989 and April 10, 1989 Planning Commission meetings. .~,~ , RECLASSIFICATION RESOLUTION N0. PC 89-123 ~ ; , /,: ,.,y:~) VARIA1:iCE RESOLUTION N0. PC 89-124 - FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: 12 people present OPPOSITION CONCERNS: a) Developer should pay for requested continuances; b) units facing each other across 28-foot wide alley; c) will be looking tW;: at a lot of concrete; d) felt this is regressing; and e) felt developer could develop 5 single-family homes and make same profit. PETITIONER'S COMMENTS: a) only requesting two waivers; b) appropriate process to hold public hearings; c) actual living area of units will be toward courtyard area; d) larger units; e) General Plan permitted higher density; f) reduced density; g) higher quality units; h) agreed to provide colored. and stamped concrete; i) larger units proposed at PC suggestion; j) parking upgraded to conform to code; k) agreed to soften look of driveway by planting trees and increasing landscaping. COMMISSION CONCERNS: (Feldhaus) agreed developers should pay for continuances; washer/dryer hook-ups in every unit; agreed circulation is poor; no landscaping on interior of project; (Herbst) felt project is overbuilt with larger units and no landscaping; (Carusillo) felt developer did good job mitigating concerns. ACTION: Granted (6-1 (Herbst voting no)) (Subject to revised landscaping plans being approved by Planning Commission showing additional landscaping and stamped and colored concrete on driveway, and including landscaping for courtyard areas; and additional condition requiring washer/dryer hookups for each unit; and modifications to Conditions 23 and 24.) (Herbst - felt neighbors should see revised landscaping plans so they could appeal to City Council if they are nat satisfied. Staff can schedule for next agenda (5/22/89)(Reports & Recommendations) if revised plans are in by Friday of this week.) Commissioner Carusillo suggested all condominium projects proposed in the RM 3000 or RM 2400 Zone should. include washer/dryer hookups for each unit. Page 2 May 8, 1989 2a. CEOA NEGATIVE DECLARATION '~ 2b. WAIVER OF CODE REQUIREMENT `:.~ 2c. CONDITIONAL USE PERMIT N0. 31a1 OWNER: ANAHEIM REDEVELOPMENT AGENCY, ATTN: TOM RUPFRIAN, 300 S. Harbor Boulevard, Suite 900, Anaheim, CA 92805 AGENT: DICK ENLOE AND LAUREL ENLOE, 623 S. Lemon Street, Anaheim, CA 92805 LOCATION: 302 East Cypress Street To permit the construction of a 427 square-foot "granny unit" in conjunction with the move-on of a single-family structure with waivers of (a) front yard setback, (b) side yard setback and (c) rear yard setback. Continued from the April 10, 1989 Planning Commission meeting. CONDITIONAL iTSE PERMIT RESOLUTION N0. PC 89-125 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. vOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: 1 person present OPPOSITION CONCERNS: Concerned about adding another living unit on the property (granny unit); however, after it was pointed out the granny unit will be added over the garage, she indicated then she would no longer be opposed. PETITIONER'S COMMENTS: Redevelopment Agency proposed lot line adjustment increasing size by 50~, and eliminated sideyard setback variance. COMMISSION COMMENTS: Questioned window in the area and petitioner pointed out that is a small bathroom window which would be high and frosted. Adding to lot size tremendously improves area. ACTION: Granted VOTE: 7-0 'I Q~ ~ ~~ Page 3 May 8, 19891 3a. ENVIRONMENTAL IMPACT REPORT N0. 277 ~ 3b. RECLASSIFICATION N0. 88-89-43 rx`:1 - ~~ 3C. WAIVER OF CODE REQUIREMENT 3d. CONDITIONAL USE PERMIT N0. 3122 3e. DEVELOPMENT AGREEMENT N0. 89-01 erg ~:~~~ OWNER: STADIUM BUSINESS PARR SOUTH, A CALIi?ORNIA LIMITED PARTNERSHIP, ATTN: RICHARD J. GARJ7NER, 1901 Avenue Of The Stars, Los Angeles, CA 90067 LOCATION: Subject property is a rectangularly-shaped parcel of land consisting of approximately 18.9 acres located at the southwest corner of Pacifico Avenue and State College Boulevard. (Stadium Business Park). ML to CO Petitioner requests approval of a Conditional Use Permit to permit and govern the construction of one 9-story, 164-foot high, 115,200 square foot office building, one 12-story, 184-foot high, 300,000 square foot office building, one 15-story, 223-foot high, 304,000 square foot office building, two 20-story, 290-foot high, 400,000 square foot office buildings, one 2-story, 40,000 square foot health club, one 15-story, 198-foot high, 275,177 square foot, 400-room hotel and restaurant with a cocktail lounge and 1,900 square feet of accessory retail uses; and, 40,000 square feet of accessory retail uses with specialty service and retail shops including semi-enclosed restaurants (sandwich shops) with on-sale of alcoholic beverages with waivers of (a) minimum number of parking spaces and (b) minimum structural setback Continued from the February 27, 1989, March 27, 1989, April 10, 1989 and April 24, 1989 Planning Commission meetings. RECLASSIFICATION RESOLUTION N0. CONDITIONAL USE PERMIT RESOLUTION N0. DEVELOPMENT AGREEMENT RESOLUTION N0. Continued to 5/22/89 ,'r ~~~+d; + ~' } ~ i l ,/~/ f/cy/',~ ~/ Page 4 May 8, 1989 4a. CEOA NEGATIVE DECLARATION 4b. WAIVER OF CODE REOUIhED~~T %;::~.~' 4c. CONDITIONAL USE PERMIT N0. 3124 OWNER: SANDERSON-J-RAY DEVELOPMENT, 2699 White Road, Suite 150, Irvine, CA 92714 LOCATION: 3360 E. La Palma Avenue To construct a bowling alley with waiver of minimum number of parking spaces. Continued from the March 13, 1989, Api•il 10, 1989 and April 24, 1989 Planning Commission meetings. CONDITIONAL USE PERMIT RESOLUTION N0. PC 89-126 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: No one present (Com. Meese read letter of opposition from Chamber of Commerce) PETITIONER'S COMMENTS: Explained access confusion regarding easement to Rockwell and presented additional documentation, including correspondence between the City of Anaheim and client. Reviewed minutes and tapes of 2/17/88 PC meeting and there was limited discussion; license agreement provided 60-day termination clause by both parties. Parcel Map approved. Met with City Traffic Engineer, Deputy City Attorney, Traffic Engineer felt termination period should be extended to 365 days rather than 60 days; agreed to extend terms; provided a separate condition worked out with the City Attorney's Office. Stated there is no intent to terminate that license agreement provided the conditions are met. Another agreement is being worked out regarding the east/west access. All types of alcohol would be served and requested Commission make determination that alcohol is accessory use in bowling center. Not happy hour type bar, but. drinks for people who are there to bowl. COMMISSION CONCERNS: (Messe)- proposed condition ties license agreement to the bowling alley and it was originally tied to the variance approved for the lot split in 1988; if approved, operator of bowling alley could terminate right for trans to traverse the parking lot; concerned about granting request since conditions of previous action were not met and questioned if the license agreement would be cancelled if the bowling center was not approved; something was submitted and was never approved by the Traffic Engineer or City Attorney and it seems to be an internal probJ.em; felt if unlicensed vehicles could nut use current access, there would problems tahich involve the City; bowling alley would bring 60~ outside traffic to industrial area; circulation through very heart of industrial area, long driveway along an easement shared with industrial traffic, what direction will industrial area take; Redevelopment Commission recommended denial; Chamber of Commerce sent letter to City Council opposing it. 'approved 3ranted 3ranted d//~ ~~ Page 5 May 8, 1989 >. (Carusillo - concerned approval would eliminate industrial land; Council made change to Code based on Commission's recommendation that they should ~~*> at least have the right to ask; questioned hardship for granting waiver; that petitioner indicated hardship was prohibitive cost of commercial property where this use should be located; approval would increase property value of industrial property, which would affect industrial users of the future who might want to relocate to that area. ~^eldhaus) indicated not all members of Chamber agreed with opposition :,.pause of Vision 2000 goal to change some industrial areas to commercial; City Council sent message by amending Code to permit bowling center in industrial area; that Rockwell could have purchased property if it was that critical to their operation; nc one from industrial area opposed request; suggested hardship could be that property is landlocked. (Herbst)- why - 1 year, since petitioner has indicated they want to continue to be a good neighbor; Commission thought easement required ire connection with approval of previous Variance would be forever; there are some industrial areas where this use would be suited, bat this is wrong location; there are some recreational uses in area, but not contiguous; conflicting traffic; isolated location; possibility of another building on proper*_y which could be another commercial use; efforts made to protect integrity of industrial area; property could be used industrially and industrial property rapidly disappearing; industries leaving area because of conflicting land uses and we need to protect industrial users who have been there; plenty of land to provide parking to Code. ~<. ~,_••~ (Bouas)- not adding traffic at peak hour; ideas are changing on land use; alleviate traffic with bcwlers staying in area; strictly night time operation; Traffic Engineer has indicated they have adequate parking. Mr. Lovret, representative from Rockwell indicated Rockwell agrees with the proposed condition. He explained original agreement with Econolite had 90-day termination clause; however, when ::hey had to stop using one access, it took about 9 months to work out alternative, so realize 30 days or 60 days is not adequate notice. Tried to negotiate with developer offering compensation for access, but were offered "take or leave it" for the 60 days. Responded to Com. Carusillo that on a take or leave it basis, they had to accept the 365 day condition. OWNER: Property is presently developed as parking lot. No intent to terminate agreement because of traffic signal and operator of bowling center wants to continue good relationships with industrialists because of number o£ employees who might frequent center. Previous agreement was for 30 days and the proposed agreement would be for 365 days. Always knew location of access would be altered when development of other property occurs; that the driveway terminates at their northwest corner, currently access is along southerly property Iine for 80 feet. Current situation will continue, but they Y;ave made additional cooperative arrangements with them. STAFF COMMENTS: Deputy City Attorney asked that a condition be: added with language that the City's right to enforce Condition No. 9 imposod on the previously approved Variance (Resolution No. PC 88-59) would not be waived. Agreement only grants Rockwell right to use driveway and not to get to their property. Page 6 May 8, 1989 ACTION: Granted (4-3 (Commissioners Carusillo, Herbst & Messe voting no) Conditions added that the City's right to enforce Condition No. 9 of ~4=~ Resolution No. PC 88-59 not be waived; and that the License Agreement be approved }y the City Attorney's Office and City Traffic ingineer and a copy of the recorded document furnished to the Zoning Division. Petitioner requested deletion of Condition No. 9. Traffic Engineer stated the Commission is concerned about parking and do not feel it would be adequate and there needs to be a mechanism to require the developer to provide more spaces in the future,tf needed. He stated the condition should provide assurance that the bowling center, if approved, will have adequate parking and the study indicated 240 spaces required at certain times, end suggested the condition should be approved by the City Attorney's office; petitioner agreed to record a covenant. Com. Carusillo asked about landscaping the 10-f t. wide area adjacent to the 91 freeway. Property owner responded there is a strip adjacent to the freeway and the landscaping meets Code requirements and there is landscaping through the parking area. Petitioner agreed to bring landscape plan back to Commission as a Report and Recommendation and the groperty owner sated the anticipated elevation between the freeway and finished floor of the building will form a visual impact and there will enhanced landscaping around the building and there will be a few trees. Com. Messe questioned the signing and the property owner stated they have a sign easem4nt from Econolite and that was always a concern, but signs will be to City Codes and will incorporated into the landscaping, and will ~~ be a low profile monument type sign. Page ? May 8, 1989 i 5a. CEOA CATEGORICAL EXEMPTION CLASS 11 (?~ 5b. VARIANCE N0. 3921 Z:;,., OWNERS: SHARON G. MC LUCREY AND JOHN MC LUCREY, 295 Chrisalta Way, Anaheim, CA 92807 LOCATION: 295 Chrisalta Wav To wait• prohibited ground mounted radio and television antennas to retain a 12-foot high satellite dish. Continued from the March 27, 1989 Planning Commission meeting. VARIANCc RESOLUTION N0. PC 89-127 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINCTES. OPPOSITION: 2 persons present; two letters read OPPOSITION :,^NCERNS: Blocks views; have not seen line of sight drawings or photographs; aware applicant had painted dish; did not meet with neighbors as suggested by Planning Commission at last meeting; applicant indicated he did not know against regulations when he installed dish; felt more could be requested of applicant to mitigate concerns; he could remove it or relocate it; responding to question about view of tennis courts, opposition indicated that was there when he purchased his property so was a known or given factor, not added later. PETITIONER'S COMMENTS: Had 2 shrubs over 5 feet tall planted to the east, had dish painted green to blend in with foliage; line of sight exhibits which go to property located at 520]. Ernst Rolling Hills, and 21 feet from horizon to nearest roof line; did not contact neighbors because there were no complaints, $300 to have dish painted, is not blocking any views. COMMISSION CONCERNS: Federal regulations relating to city regulating dishes. STAFF COMMENTS: Deputy City Attorney explained satellite dish installation would only be pre-empted under very strict requirements and in the Hillside Ordinance all types of antennas are prohibited so it would exempted from t2;' FCC regulations. ACTION: Granted (7 yes votes) Granted on the basis that the dish has been painted and shrubs planted to screen it. Commissioner Feldhaus suc~gested FCC regulations be given to City Council, especially for hearing if this matter is appealed. "'`iT^~1 ted ,, Page 8 May 8, 198 6a. CEOA CATEGORICAL EXEMPTION CLASS 11 f`~ 6b. VARIANCE N0. 3908 (READVERTISED +.., OWNER: CARL ZABY, 444 W. Ratella Avenue, Analheim, CA 92802 AGENT: JAMES YOWELL, 350 W. Ratella Avenue, ;i~naheim, CA 92802 LOCATION: 350 W. Ratella Avenue To waive (a) maximum number of freestanding signs, (b) minimum distance between freestanding signs, (c) minimum distance of freestanding signs to property lines to retain three existing freestanding signs. VARIANCE RESOLUTION N0._ PC89-128 ~OLLO4JING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIL`ERED OFFICIAL MINUTES. OPPOSITION: None PETITIONER'S COMMENTS: Been there since 1984, been car wash for 15 to 20 years, signs were there when they purchased the car wash; signs are to inform customers of services and pries and not to attract traveling public; property leased until June 1991 and then car wash will be ~~,~ demolished; that they have been asked to vacate in six months if possible ~~,M;V and that they expect to be able to do that, so a temporary ,spproval would be in order. COMMISSION CONCERNS: Would consider continuing use of signs for short period of time; new sign ordinance would not be effective for about one year and then signs would become i~iegal STAFF COMMENTS: CR Area sign ordinance would not be effective far about 1 year. ACTION: Granted until June 1991, to terminate with present lease. VOTE: 7 yes votes ~~~~~ Page 9 May 8, 198 ,off 7a. CEOA NEGATIVE DECLARATION !; .:~ `) 7b. CONDITIONAL USE PERMIT NO 3151 :ice OWNER: CHESTNUT PROPERTIES, 201 S. Balcolm, Fullerton, CA 92632 AGENT: KALIL MELAN, 923 Lamark LaL2, Anaheim, CA 92802 LOCATION: 414_S. Manchester Ave (Suites 106 107 and 108 To permit a 2,160 square-foot convenience market. Continued from the April 24, 1989 Planning Commission meeting. CONDITIONAL USE PERMIT RESOLUTION N0. PC89-129 FOLLOWING IS A SUMMARY 0~ THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUi•ES. OPPOSITION: 1 person present; petition with 100 signatures submitted in opposition OPPOSITION CONCERNS: Bring undesirable element to area; elementary school nearby; area is already deteriorating rapidly; high crime rate; liability on City because of proximity to railroad tracks; fighting to maintain /~D~ liveability of neighborhood; if approved, do not allow video games or the d.;~;,; sale of alcoholic beverages. PETITIONER'S COMMENTS: Beer and wine sales only; no video games. COMMISSION CONCERNS: No input from school district; no fast food uses; understand opposition's concerns; will improve corner; undesirable element reference was to young people hanging out there; far enough away from school; if use becomes detriment, CUP could be reviewed for revocation. VOTE: Granted (7 yes votes). Video a•~~d electronic games prohibited; beer and wine sales only. Page 10 Ma 8, 1989 y 8a. CEOA NEGATIVE DECLARATION 8b. WAIVER OF CODE REQUIREMENT 8c. CONDITIONAL USE PERMIT NO. 3144 OWNER: TEXACO REFINING AND MARRETZNG INC., 1926 E. Pacific Coast Highway, Wil.lmington, CA 90744 AGENT: ALBERT AGUERA, 100 West Ratella Avenue, Anaheim, CA 92802 LOCATION: 100 West Ratella Avenue To retain a towing service in an existing service station with waiver of dedication of right-of-way. Continued from the April 24, 1989 Planning Commission meeting. CONDITIONAL USE PERMIT RESOLUTION N0. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: Nore PETITIONER'S COMMENTS: Owned service station for 23 years; now have 3 tow trucks; trucks used to tow vehicles in for minor repairs; no major repairs; requested to delete condition requiring improvement of driveways; cost would be prohibitive; do not store recreation vehicles or impound vehicles; also requested deletion of condition regarding trash enclosure, noting it is behind fence to prevent motel g~~ests from using it; no trailer rentals; vehicles being repaired ma~~ need to be stored longer than one day; oper a.m. to 9 p.m. seven days a week; property is leased. STAFF COMMENTS: Traffic Engineer - city will be installing improvements in the future, driveways could be reconstructed at that time, provided dedication to critical intersection standards (7' + 12'); did not know if Texaco will make dedication; requested Condition No. 7 be corrected, deleting first sentence. STAFF COMMENTS: Petitioner indicates outdoor storage of vehicles and Condition No. 10 should be amended. Traffic Engineer happy to work with petitioner. COMMISSION COMMENTS: Could approve request subject to dedication; request to have tow trucks prompts request for dedication of land; (BOydstun) 9' dedication is rsas~nable and critical intersection dedication should be negotiated when needed; continuance suggested to determine if Texaco is welling to dedicate; (Herbst) did not feel critical intersection dedication is reasonable. ACTION: Reopened public hearing Continued to 6-7-89 to determine if property owner is willing to dedication property. Requested that ~^~ condition be amended. i/9/89 ~~~~~~ / '~: to Page 11 May 8, ~ 9a. CEOA NEGATIVE DECLARATION Continued to 9b. CONDITIONAL USE PERMIT N0. 3148 5/22/89 ~,.~~;' OWNER: DENNIS B. SCHMIJCRER, 1010 2nd Avenue, #1422, San Diego, CA 92101 AGENT: AVI GRIGORESCU, 3400 Avenue of The Arts, #B 213, I`~r 1 Costa Mesa, CA 92626 ~/~.-IVQ~ LOCATION: 917 East Pacific! Avenue To permit a bus storage terminal. Continued from the April 24, 1989 Planning Commission meeting. CONDITIONAL USE PERMIT RESOLUTION N0. Page 12 May 8, ~q p9 1Oa. CEOA NEGATIVE DECLARATION lOb. CONDITIONAL USE PERMIT NO 3147 OWNER: VANDERBILT L•TD., 27401 Los Altos, Suite 400, Mission Viejo, CA 92691 AGENT: A. THOMSON HOLMES, 971 Fark Rim Circle, Anaheim, CA 92807 LOCATION: Proverty is approximately 33 acres located at the northwest corner of Santa Ana Canyon Road and Weir Canyon Road. To permit a convenience market with fast-food. CONDITIONAL USE PERMIT RESOLUTION N0. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: NONE PETITIONER'S COMMENTS: Deli with prepackaged sandwiches, frozen foods with microwave to heat food; Shell service station has not developed in two years, open 24 hours a day; will have wider variety of stock than mini-mart. '~~;;/ COMMISSION CONCERNS: Shell station approved with beer and wind sales in this location; crowding too many convenience markets with sale of beer and wine on that corner; need larger market, nit another convenience store; use same driveway; 3 tires as big a proposed Shell mini mart; (Herbst) convenience market wo~~.ld serve area better than mini mart; service station is needed now; (Messe) would adversely affect growth ii; area; (Feldhaus) felt competition is good. ACTION: Resolution to deny - (Failed to Carry - Tie Vote) Ayes: Bouas, Carusillo, Messe; Noes: Boydstun, Feldhaus, Herbst, McBurney (conflict of interest) Resolution to Grant (Failed to Carry - Tie Vote) Ayes: Boydstun, Feidhaus, Herhot Noes: Bouas, Carusillo, M~•sse ;McBurney (conflict of interest) REQUEST FOR REVIEW BY CITY COUNCIL (Carusillo) concerned Council does not have detailed minutes to understand Commission concerns and action. Requested that staff member present at City Council hearing make sure Council is aware of reason for tie vote. MOTION: approved directing staff to give Council the Planning Commission discussion. Approved No Action Tie votes denial and approval) Request CC review. ~~ Page 13 May 8, 1989 HEARD AFTER 6.00 P.M. j~ r lla. CEQA NEGATIVE DECLARATION llb. WAIVER OF CODE REQUIREMENT 11c. CONDITIONAL USE PERMIT N0. 3154 OWNER: ST. MARR'S METHODIST CHURCH OF ANAHEIM, CALIFORNIA, A CORPORATION, ATTN: HILLARD WARREN, 3700 W. Orange Avenue, Anaheim, CA 92804 LOCATION: 3700 W, urange Avenue To permit the construction of two additional classrooms, a choir room and an o;:fice at an existing church facility with waiver of minimum structural setback. CONDITIONAL USE PERMIT RESOLUTION N0. PC 89-.130 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NUT TO BE CONSIDERED OFFICIAL 2QINUTES. OPPOSITION: NONE PETITIONER'S COMMENTS: Questioned conditions, requested payment of fee rather than installaY.ion of street lights. Sign has been there since 1963. ACTION: Granted (7 yes votes) Approved Granted Granted Page 14 May 8, (q~ 17. a. CEOA NEGATIVE DECLARATION 12b. WAIVER OF CODE REQUIREMENT '~titi 12c. CONDITIONAL USE PERMIT NO 3156 OWNER: OCCIDENTAL BUSINESS CENTER II, 701 East Ball Road, Suite 100, Anaheim, CA 92805 AGENT; PHILLIP R. SCHWARTZE, 14841 1'orba Street, Suite 100, Tustin, CA 92680 LOCATION: 701-741 East Ball Road To permit industrially related office uses within an existing industrial complex with waivers of (a) minimum number of parking spaces, (b) minimum size of compact parking spaces and (c) maximum number of compact parking spaces. CONDITIONAL USE PERMIT RESOLUTION N0. PC 89-131 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MITNTES. OPPOSITION: NONE PETITIONER'S COMMENTS: Parking study submitted to Traffic Engineer; industrial office complex built several years ago; explained reference to banks refers to administrative offices of bank; referred to staff concern that this would hurt integrity of Stadium Business Center; platinum triangle focus is on high class commercial office Iya.i.iaing; request is to add referenced uses as permitted by CUP; project is 4.'""s vacant; COMMISSION CONCERNS: Did not review parking study; (noted it was just submitted a few minutes ago and Traffic Engineer has just reviewed it) Agreed that Conditions 5 and 6 should be deleted. Questioned health care/research and development (applicant agreed to eliminate); uses supposed to service industrial area. STAFF COMMENTS: Traffic Engineer - just read parking study, spaces counted all day today, units occupied ratio established, report indicates highest parking use was 2.79 spaces per 1000 of occupied area, and based on that, there were 65 surplus spaces; some practical loss of parking space due to extreme number of small car spaces which were developed to old cedes; seems to be adequate parking spaces. Infrastructure stu;iy of stadium area did not assume this area would go to this use. Impact has not been assessed. ACTIOPI: Granted ( 7 to O ) Define banks as Administrative Offices for Bank. Page 15 May 8, ~q Approved ~. Granted Granted I` ,~ ~'~: ~` k' i. •'. 13a. CEOA NEGATIVE DECLARATION Continued to S~<i 13b. SPECIIdEN TREE REMOVAL PERMIT N0. 89-05 5/22/89 AGENT: JAN THIELMANN, 321 N. Rampart, Suite 200, Orange, CA 92668 LOCATION: Proper is approximatelr~8 3 acres on the east side of Henning Wad apyroximately 1 100 feet south of the - centerline of Arboretum Road and further described as '~/~ ~ reviousl a roved Tentative Tract No. 11600. ~"`~ ~ ,~~ P Y PP r, . ~ f4. t ~.,. S s!= Petitioner requests approval of a Specimen Tree Removal permit to j i-Rr~~' remove 98 specimen trees. I '' ~* ~ , ~ v ~~-. ~t'... ,~' ~ ' .£/t l ~. ":,: '~~;o' Page. 7.6 May 8, ~~ 9 14a. CEOA CATEGORICAL EXEMPTION CLASS 11 14b. VARIANCE N0. 3945 OWNERS: WILLIAtQ A. ERICKSON AND LEIDA C. ERICKSON, 205 Owens Drive, Anaheim, CA 92808 LOCATION: 205 Owens Drive To retain one 25-foot high (retracted) to 70-foot high (expanded) ham radio tower with waiver of prohibited ground-mounted equipment. VARIANCE RESOLUTION N0._ FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: 1 person present OPPOSITION CONCERNS: View, tower has been extended 3 or 4 days at a time; prohibited in scenic corridor; another neighbor directly behind objects; presented pictures showing tower from her property; PETITIONER',i COMMENTS: That they did talk to neighbors within 300'; 85`6 signed that they do not oppose; referred to PRD-1 (Federal Communication Commission) regarding regulating approval of permits; felt if he has to remove it, that would be considered selective enforcement; neighbor opposed is at lower elevation with no windows from which to view tower; installed 11/87, replacing one that was existing; was extended 3 or 4 days during a contest; ham radio does provide benefits to community; lived there 15 years; 100 watts; planted 3 Silver Dollar Euc. trees to screen tower, they are currently between 10 and 15 feet tall; no practical way to plant a tree to block Ms. Blum's view; thought additional trees would not fit in with landscaping; base of tower incorporated into sidewalk; suggested planting wisteria and building a trellis; his wife would not want her view `.locked. COMMISSION CONCERNS: Asked if there is foliage; tower is blatant; majority of neighbors not opposed; pictures presented by Ms. Blum show tower is very visible to her and she has been there 1~ years; asked trees could be planted on Ms. Blum's property; Tinted out area next to garage where something could be planted to at least screen bottom of tower; (Herbst) concerned that applicant built 8~'high tower without chec}:ing to see if permits were necessary and request is "after the fact"; does have some community benefit; but is intrusive to neighbors, and it is up to applicant to screen the tower; suggested matter be continued so applicant can revise plans to screen tower with trellis and plants; suggested line of right from Ms. Blum's property prepared; trellis 3-5' wide the full height of building. STAFF COMMENTS: PRD-1 gives Commission latitud~a to reasonably accommodate request or strict a balance; does not preclude other C':y regulations. ACTION: Reopened public hearing, Continued to 6-7-89 :ontinued to i/5/89 Page 17 May 8, /9 15a. CEOA NEGATIVE DECLARATION °~~_, 15b. RECLASSIFICATION NO. 88-89-52 "~~,,~ - 15c. VARIANCE N0. 3946 OWNER: MAX WILLS, 3838 San Pablo Drive, Fullerton, CA 92635 LOCATION: 1204 W. Center Street CG to RM-1200 To construct a 16-unit "affordable" apartment complex with waivers of (a) minimum building site area per dwelling unit, (b) maximum structural height, (c) maximum site coverage, (d) minimum required yard, (e) permitted encroachment into required yard and (f) required vehicular access. RECLASSIFICATION RESOLUTION N0. PC 89-132 VARIANCE RESOLUTION N0. PC 89-133 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: 5 people present ~~ OPPOSITION CONCERNS: Density, pr>pulation, nice residential area PETITIONER'S COMMENTS: Apartir~e,:ia existing, wanted to maximize number of units; odd shaped parcel, corner property, current commercial zone permits 6 stories. COMMISSION CONCERNS: General Plan being rev°swed for are s, too many variances, existing apartments 1 or 2 story; no elevator cr access for handicapped persons; wood construction with concrete decks; ACTION: Reclassification Granted to RM-2400 rather than RM-1200 a~ requested. VOTE: (?-0) Variance Denied (7-0) Variance - Denied (7-0) Approved Reclass to RM-2400 Denied ~/ ~''~ ~~ Page 18 May 8, rq~g5 ~ 16a. CEOA NEGATIVE DECLARATION :f'~ra 16b. WAIVER OF CODE REOt7IREMENT 16c. CONDITIONAL USE PERMIT NO. 3155 OWNER: HOUSEHOLD BANK, 4301 MacArthur Boulevard, Newport Beach, CA 92660 AGENT: CENTURY YlEST DEVELOPMENT, INC., ATTN: ROBERT F. TORRES, 8141 Kaiser Boulevard, Suite 207, Anaheim, CA 92808 LOCATION: 530-540 North Fairhaven Street To permit a 2-story, 17-unit, senior citizen's "affordable" apartment complex with ~;~aivers of (a) maximum structural height and (b) minimum site area per dwelling unit. CONDITIONAL USE PERbSIT RESOLUTION N0. PC 89-134 FOLLOWING I5 A SUMMAI:Y OF THE PLANNING COMMISSION ACTION. NOT TO 3E CONSIDERED OFFICIAL MINUTES. OPPOSITION: 12 people present. Petition with 70 signatures presented OPPOSITION CONCERNS: Access inadequate for emergency vehicles; one elevator not adequate; traffic increase; seniors easy prey for crime, blind spot in alley PETITIONER'S COMMENTS: Proposal is for 17 affordable units for senior citizens; overriding concerns seemed to be parking and crime in area; 1 parking space per unit; landzcaped greenl:elt; no access to Fairhaven; 20' from garage to unit; no reason to park on street; security provided for garages; emergency vehicle access is adequate; one elevator adequate for units. (Granted Granted G,~Y, -~ COMMISSION CONCERNS: ~ (Feldhaus) Garages 5' from alley; seniors not invalids, but active ind9.viduals; originally agreed commercial might be better; not part of redevelopment study area; (Carusillo) surprised at negative reaction from neighbors; (Herbst) one of the hest senior projects he has seen; one of lightest uses that could go on that site; tenants must be 62 years old; a lot of seniors do not drive, and those wh do drive, make fewer trips; commercial building would ha/e employees parking on streets; required to remain senior citizen's project forever, and covenant recorded to guarantee JPPOSITION: Would prefer commercial development; large structures; parking in rear; access through alley; freeway ramp in close proximity; several accidents have occurred; not proper place for apartments; would prefer 6-sto=y office building because people go home at night; questione rental rates quoted; safety; children playing would disturb seniors; Lowe rents atctact less desirable tenants; questioned notifica}ion; bring undesirable element into area because senior citizens easy prey for crimes, increased traffic and hazard for children; no shopping areas nearby; only one elevator; Page 19 May 8, ~ ~~ STAFF COMMENTS: Historically units are rented mostly to single senior ~ women ACTION: Granted (7 yes votes). Conditions corrected - #2 "east" property line, #9 "tree" planting fees, #12 (109,) rented are very low income; #14 is "each apartment entrance of above the first floor". Page 20 M;sy 8, ! ~ $ 17a. CEOA NEGATIVE DECLARATION 17b. RECLASSIFICATION N0. 88-89-55 Y.~=> 17c. VARIANCE N0. 3944 17d. TENTATIVE TRACT N0. 13997 OWNER: DONALD G. HUNT, 12844 Inglewood Avenue, Hawthorne, CA 90250 AGENT: WILLIAM R. PEARCE, 12844 Inglewood Avenue, Hawthorne, CA 90250 LOCATION: 400 West Wilken Wav CG to RM-3000 or a less intense zone. To establish a 1-lot, 106-unit air-space condominium subdivision with waivers of (a) minimum building site area and (b) maximum structural height. RECLASSIFICATION RESOLUTION N0._ VARIANCE N0. RESOLUTION N0. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: 35 people present gPPOSITION CONCERNS: Density; increased traffic; property values; schools overcrowded; r,:istrust due to grevious property owner's actions; this project is closer to becoming viable; opposed 3 stories, single-story residential area currently; condos approved in 1980 were 2 story; felt negative declaration is not appropriate; questioned Phase II and what would be p:~uosed; some people indicated they were not notified and fe7c it was just ?pother trick; safety for children; not opposed to condos if built to Code requirements; handicap access; elevators; compared with similar project downtown which they felt was like a "war zone"; Smoketree condos are quiet with one access for 218 units and has no *.raffic or parking problems; wanted to see floor plans for whole parcel, including PY.ase II; felt notification should be increased because of Phase 2; Smoketree built with private street to serve a grouping of homes and people expected it to remain that way wi.;.h limited access and be a safe place for their children to play (it ryas noted Willowbrook is a public right of way). FETZTIONF.R'S COMMENTS: Previous owner (Brown) definitely not involved in this project; sew codes will be effective in about one month, affecting waivers requested (p. 6 staff report) guards have been plac~•d at storage units, property has been improved; in a fe~+ years, it is possible another project similar to this would be proposed; no access on Tiller; property zoned CG & permits variety of uses; developer did not feel commercial uses would be appropriate; agreed to provide line of site to single-family home exhibits; variety of surrounding land uses; agreed to add some additional prking spaces, although proposal conforms to code. y COMMISSION CONCERNS: Good test project far new ordinance; questioned `"'R°0' handicap access; property owner's association, line of sight drawings; (noted those issues would be addressed through building permit pro•;ess); felt Wilken Way and Willowbrook should be open; area where storage units are located still zoned commercial and a use to Code could go in without coming to Commission; suggested continuing and readvertising whole property to be rezoned to RM-2400 to revise plans with changes to Page 20 May 8, 1988 to 6-5-89 (To be re- advertised) ~~ ) r'1, ,/4,~,, circulation and parking. STAFF COMMENTS: New ordinance will be effect 5/25/89 ACTION: Continued to 6/5/89 Readvertise - to reclassify entire parcel devised glans with changes to circulation and parking Page 21. May 8, ~ `j S9 18a. CEOA NEGATIVE DECLARATION 18b. RECLASSIFICATION N0. 88-89-42 `'*~"~" 18c. VARIANCE ZTO. 3910 OWNERS: EDGA ENTERPRISES, A GENERAL PARTNERSHIP, ATTN: LES LEDERER, 1990 Westwood Blvd., 3rd Floor, Los Angeles, CA 90025-4614 AGENT: LOARA HIGH SCHOOL BAND BOOSTERS, INC., 1765 W. Cerritos Avenue, Anaheim, CA 92802 LOCATION: 1490 South Anaheim Boulevard ML to CL Waiver of minimum number of required parking spaces to permit bingo in an existing teenage nightclub. Continued from the February 27, 1989 and April 24, 1989 Planning Commission meeting. RECLASSIFICATION RESOLUTION N0. PC 89-105 VARIANCE RESOLUTION N0. PC 89-136 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. Z+OT TO BE CONSIDERED OFFICIAL MINUTES. Tr OPPOSITION: None (20 people present in favor) PETITIONER'S COMMENTS: Requested deletion of Condition No. 1 (dedication) and condition requiring improvement of driveway, currently closed with heavy chain and requested that remain as is; landlord not willing to dedicate or make improvement; Bingo not a more intense use than current nightclub. COMMISSION CONCERNS: Civic operation - should nee impose conditions for dedication & driveway improvement; asked if bingo could be permitted with rezoning; (noted that was proposed once and denied) Commissio:.: felt rezoning could interfere with Stadium area; could delete conditions because no building permits zequired; commercial use in industrial zone - remain the same; rezoning of small portion of parcel (SWC) STFFF COMMENTS: Engineering Department: Onre property is rezoned, no way to require dedication and improvement, and requested condition be imposed. ACTION: Granted Reclassification (deleted Conditions No.i and 2.) Granted Variance (Deleted Cond. No. 1 and modified condition. to permit driveway closure with heavy chain to remain. VOTE: 5 yes votes (Feldhaus absent & McBurney -conflict of interest) Approved Granted Granted ~1 • ~~~~~ ~~` ,- `;/;• ~~ ~. j. Page 22 May 8, ~q 8~ 19. REPORTS AND RECOMMENDATIONS: A. EIR N0. 273 (PREVIOUSLY CERTIFIED) (Motion required) INFORMATIONAL ITEM: REVIEW OF GRADING PLANS FOR (Motion required) PREVIOUSLY-APPROVED SINGLE-FAMILY VESTING TENTATIVE TRACT MAP NOS. 12689 (EXCLUDING LOT A) 12690 AND 12691 (READVERTISED OY7NERS: PRESLEY OF SOUTHERN CALIFORNIA, 17991 Mitchell South, Irvine, CA 92714-6095 AGENT: FRANR ELFEND, ELFEND AND ASSOCIATES, 4675 MacArthur Court, Suite 660, Newport Beach, CA 92660 LOCATION: Property consists of area totaling approximately 111 acres, generally bounded on the north by the East Hills Planned Community, on the west by Deer Canyon Open Space acreage including lot A of Vesting Tentative Tract Map No. 12689, on the south by The Highlands residential Development Areas 2 and 3, and an the east by the Sycamore Canyon Specific Plan development and further described as previously-approved single-fam;3y Vesting Tentative Tract Map hos. 12689 {excluding Lot A), 12690, and 12691 (The Highlands at Anaheim Hills Specific Plan (SP87-1). Planning Commission initiated request to review grading plans for previously-approved single-family Vesting Tentative Tract Map Nos. 12689, 12690, end 12691. Continued from the April 10, 1989 and April 24, 1989 Planning Commission meetings. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: 12 to 15 people present OPPOSITION CONCERNS: Current grading, dust control and requested enforcement of rules relative to dust abatement measures, loss of surface soil from wind and water erosion; wind velo•~ity and increase of velocity -ith hills removed, changes to final grading plans; inadequacy of certified EIR as to traffic, responsibility for payment of damages caused by violent wind conditions at~d photographs presented showing dust and dirt damage to swi:raning l.ools, etc. PETITIONER'S COMMENTS: Condition of tract r.:ap approval, letter from Engineering Depzrtment indicates suhc:-antial c~£-~rrnance with hillside grading ordinance, dust control measures or ~:ighlands are when winds exceed 20 mph that is considered excesci:a and !,z••~-.;~.ned 7 days of the last 9 to 12 mon±•hs, additional water trucks are ,.a.a;;-;d out there and there were as many as 5; upon completion of graainy~ on •*ajor slopes, they are '~ hydroseeded; Anaheim Hills Coalition designated ,-:,presentative to Approved Requested City Council Review .~' ~' ~, Page 23 May 8, /g g coordinate when excessive winds do occur; Terry Balaye, Presley rep. ,_ assigned responsibility (660-0660), nearest home on Mohler Drive that `~~- would affected by dust is approximately 1000 ft. away from Phase II grading site; 1000 feet between closest home and Deer Canyon. COMMISSION CONCERNS: Wind velocity, lack of current dust control measures. health, safety and welfare of citizens; should have wind study done. STAFF COMMENTS: Attorney: PC has no jurisdiction but to determine if grading plan conforms to previous actions & General Plan; Engineering: Grading plans substantially in r_c^formance with previous approvals; one small area which actually extends toward East Hills area beyond the limits shown on the Specific Plan, is necessry to remove and replace soil and would not require an additional negative declaration hearing before City Engineer. ACTION: Requested City f,'ouncil review, impose stricter dust control measures; have a wind study done to determine if removing hills will cause an impact VOTE: 6 yes votes (Feldhaus absent) ~.a;= ~,._ , B. BUILDING PERMIT ,PRIOR TO TRACT MAP. No change to Current procedures. C. CONDITIONAL USE PERMIT N0. 2415 - REQUEST FOR TERMINATION: Robert Torres, Century West Development, requests termination of Conditional Use Permit No. 2415. Property is located at 2050 W. Greenleaf Avenue. Terminated ~~ °~N RESOLUTION N0. PC 89-137 D. CONDITIONAL USE PERMTT NO 447 - REQUEST FOR TERMINATION: Terminated C. T. Fulkerson, Arco Products, Co., requests termination of Conditional Use Permit No. 447. Property is locat~ad at 1801 S. State College Boulevard (Arco station). ,' // ~~` RESOLUTION N0. PC 89-138 E. RECLASSIFICATION N0. 84-85-30 AND CONDITIONAL USE PERMIT N0. Continued 2676 - REQUEST FOR EXTENSION OF TIME: to 5/22/89 Ron Muccino, Anthony's Auto Imports, requests a one-year extension of time L•or Conditional Use Permit No. 2676. Property is located at 1107 North Swan Street. ~~~ ~~ Page 24 MsY 8. i9 `r: ~~'~i M''~ ~~ I F. TENTATIVE TRACT NO 13092 - REQUEST FOR EXTENSION OF TIME: C. J. Queyel Anacal Engineering, requests a one-year extension Approved of time for Tentative Tract No. 13092. ~L p.1,~`~~ 5-~ 7- !9 9a G. CONSISTENCY BETWEEN THE ORANGE COUNTY MASTER PLAN OF ARTERIAL HIGHWAYS AND THE CIRCULATION ELEMENT OF THE ANAHEIM GENERAL PLAN. A,~pDpr~oved ITEMS OF PUBLIC INTEREST: (/ /'~ None ADJOURNED AT 11:10 p.m. Page 25 2day 8, 1949