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Minutes-PC 1976/11/08~ ~... ~ City Mal) A~ahelm~ Cr ifornia~ Novembar 8~ 1975 !t[GULl1R MEETING OF THE ANAHEIN rITY PLANNING COMMtSSIO~t R~GUt,AR - A rmpuler mecting of the 11n~he~m G(ty Planntng Commtas(on w~~ ~alled MEETING to ordor by Chatrman Johnson at 1t3~ p.m.~ a~ November 8~ 1976~ t~- Che Counct) Ch~,mber~ a quorurn betng present. PRESEPIT - CHAIRMAW: Johnsan COMMISSIQNERS: Barnes~ F~rano~ Narbst~ Ktng, Ma~ley ABSENT - COM~IISSiONERS; Tolar A1~0 PRESENT- Ronald Thanpsa~ F~Or4 LOw1'y Ann~kn Santalahti Paul Singer Jack Judd ~Joel Flck Pakricla Scanlari Plannin,q Dtractor Asststant Cft~y Attornay Assistant Planning ~~rector-Zaning 7reP1'(c Engineer Civll E~glnecr~ng Asslstant Assistant Plannor Planning Ccxnmisston Sacretary PLEDGE OF - Commlssloner Morley led in the P2edge of Allegtance to the i'lag ALLEGIANCE of the Untted States of Amerlca. ilARIANCE N0. 28t,6 - PUBLIC NEARING. FREU B. ANO NORMA N. WALI.S, 114 Soutlt Ha~dtng Drfve, ~ AnAhelm~ Ca, 92804~ FRANK E. AND TH~LMA J. MG MAWUS~ 116 5outh Hardl~g Drive~ Anaheim~ f,a. 92804~ and HILMER N, aND MABEL HEITMAN~ 30£33 Bal) Itoad~ Anahetm, Ce, 9z8~N ~Owner3); TECHNOLOGICAL ENGINEERING CORP.~ P. 0. Box 337o Pico fiivere~ Ca. 90660 (Agent); requesiing WAIyER OF MiNIMUM LOT AREA~ TO ESTABLISIi A SIX-LOT, RS-7200 5U9DIVISIQN on property described as a rectangularly-shaped parcel of lerd consist- tng of approxtmately i.Q a~re having approximate Pron..gea of 150 feet on the east std~ ~f Harding Dr~ve and 150 feet on the west stde of Gren•i Avenue~ betng located approxtmately 22Q feet sovth of the centertine ~f Lincoln Avenue~ and further desc;•ibed as 114~ 116 and 118 South Fi~rding Drlve. Property presentlY classtfied RS-7200 (Resldenttal, Singie- Famtly) tone, ~lo o~se indicated their presence in oppositton to the subJect pet~tion. Although the Staff Report to the Planning Cammtssion dated November 8~ 1976~ was nnt ~ead at th~ oublic hearing, said Staff Repart is referred to and made a part ~f the minutes. Mr. Carlos Ugalde~ rcpreeentl~ig the agent for the petitlaner~ appeared bc.fore the Planntng Comnisston and stated that the subJ„ct proparty wes presently dnveloped h~ith two houses and not three as fndicated tn the S+taff Report. He questtoned Khether the existing shed which extend~d aver the proposed properr~~ line should be cornpletety remaved. 7HE F'UULIC HEARING WA~ CLOSED. Assi~~tent Planr,er Joel Fick advised that ehe petitloner would have to comply with the Buil~iir~g and Fir~ ~odes (n connection with the locatton oi` the exlsting shed adJacent to the pr~~p~rty 1 tne. In re:~ponse to questloning by Comnisstoner Farano~ Mr. Ugalde stated the owner of the prope:"rty facing on Hardtng Drtve would awn the existtng shed and he unde~stood tF:at the po~tla~ 04 the bulldtng extandl~g over the property line would have to be: ~cmovzd~ and that anly one drlvaway w~ould ba permitted to the public street f~om ~ach lot. Mr. l'~galde inquired if the underg~ound uttlities would ba requi~cd for orily the houses that would be built and not the existing houses, and Staff Indicated in the~ afftrmative. 76- 550 ~ ~~ MINUTES~ CITY PIAANING COMMISSION, I~ovembe~ (1~ 1~76 VARIANCE NQ. 2866 (Contlnued) 76-551 Comnisstcner Herbst ~~ffe~~ci e motion~ ser,~ ~dad by Commtssinner King and M01'tON CARRIEU (Commissloner Tol~r batng absbnt). i; ~~~r Anahelm Cicy Plannl~g Commitston does hereby r~cortmend ta the City f,ouncll ef the i.i ty of Anaholm th~t a negAtlve decl~ratlpn from the raqulrement to prepare a~ envlranmer,tAl lmprct report be approvod for the subJr.ct proJoct~ pursuant to the provislon~ v' ~h~ ~ol t fornla Environmental Q~al lty Act. Commissioner Hnrbst offered Resolutlon No. PC7f~-22~~ and moved for its paasrge mnd ado{~tlun, Chat thn Anahclm City Planning Curtmisslon does hereby grant Pecitlan for Variance No. 2f~66~ granting t,,.: rcques ted watver of the minlmum lot erea on the basla tha~ th~ proposcd lot slzes arr r,~m~erabla to exlsttng lots tn the sua]ect a~oo; subJr,ct ta the stipulation of the petttloner to removiny, reloc~ting or reconstructing the c~xtsting shed whi ch is adJacent to the southeast praperty I lne an Lot No, 8, In compl (enca wi th the setbock requirerr~nts of the underlylnq zAne and further t~ constructing o~ly one drlveway to the, p~blic stree.t frar, eath lot; and subJect to the intordepartmenta) CommitCee rocomiwnJakions, (See Ren~lutlen U^•if~) Or, rcl' call ~ tho fure,going resotutior: was passfJ by the fol lowli-g vote: AYES; COMMISSI~NCRS: BARNES~ FARANO~ HERBST~ KING~ MORLEY. JOHNSON NOES: COMMISSIONERSt NONE ABSENTz COMMlSSIONERS: TOLAR VARtANCE N0. 'L86a - PUDLIC HEARING. RONAID L. AND YVONNE G. BIPp~ 203 Shakespeare Street~ Anaheim~ Ca. ~28~5 (Owners); NELSON-DYE CONSTRUCTION~ INto, 1664 West Broadway~ ~'B"~ Anahelm~ Ga. 92402 (Agent); requestlr~g WAIVER OF ;~.~ PERHITTED ENCROACHMENTS INTO REQUIRED YARDS AND (B) MINIMUM SIDEYARD SETBACK TO COt~STRUCT A ROOM ADUITION on pr~perty descrlbed as a rectangularlyshaped parcel of lt~~d congisting oP approxtmetely 8000 square feet loca ted at the northwest corner of Seville Avenue and Shakespeare Street~ having approxlmat~ frontages of 1~0 feet on tho north side of Saville Avenue and 80 feet on the west si~e of Shakespeare St~cet, and furth~ descrit,cd as 203 Shakespeare: Street. Property presently classified RS-J200 (RES{QENIIRL, SINGL~••FAMIIY) ZONE. No one tndicated their ~,~RS~~~ce tn opposition to subJect petitian. Although the ~taff Report to the Planntng Commission dated November 8~ tg76~ was not read at t~+~ publtc hearing~ said Staf~ Report is referred to and mode a part of the minutes. Mr. Ken Dye, representing the agent for ~he petitioner~ appear~ed bcfore the P'anning Ca~xnission and described the proposaZ , stating that the eave proJectton could be reduced From §2 inches to ~0 inches ~f so ~' stred. TNE PU4LIC HEARING WS CLOSEQ. In response to c~uestiontng by Commiss toner Mor•ley~ Mr. Dye stated tfiat the redur.t~ion in the eave proJection would still provi de for a gable er~d; that in the reer elevaL?on there would be g~bls wfndows and a coupla of wEndows below, and the room addl .ton would meet the Fire Code requlremcnts. Chairman J~hnson inqulrGd !f thera was er,y correspondence from the adJacent proper+ty owner to the north regard;:~g the proposal and Assistant Planner Joel Fick read a letter from William L. Ossiginac~ 209 Shakespear~ , Anaheim, indicating no obJections to the proposal; and satd lettPr is rePcrrad to as iF set forth in full In the mEnutas. Carenlssioner Herbst noted that hn hed some reservations rega~'ding +the proposed sideya~d setback~ h~wever~ the proposal did sha,~ an offset to the adJacent house so that it was not quite so close. Mr. Dye stated that the a~ditlon would be 12 feet high wlth a cathedral-type celling and would nnt be r r~•o-stary structure ~ince it would not have a secand floor o~ cieck~ etc.; And that witl~c~~t the setback waiv~ ~. they would nat be able to make the ro~om adc+icion sinc~ the ad;ustmerrt of the locat(o~ ~ould create a long haliway effect lnsidn the home. ~ ~w ~ MINU7ES~ CITY PLANNING COMMISSION~ Navomber S~ 1376 VARIANCE NC~. 286k3 (Contlctued) 7b-552 Canmissloner Nerbst noted that thm Planntng Commisslon very saldom permitted encroachments lnko tha required sideyard setbacks~ and the c) rculatlor- around the houses o~ khe subJect property would bc v~ry ltmltcd. Commissloner K1ng noted that h~ favored the praposal on the brsis that the neiqhbor to the nor~h hed no ob~Jecttons. CumnlsstonPr Johnson noted tha t lie would vute against the proposal stnce approval would b reak cfown thc CodA requ I rerrKn t s and wou 1 d a 1 1 ow Chc su6) ect s 1 to to be overbu P 1 t. It was noted that the: Dfrector of the planniny Dcp+ertment had determtned tf~~t the p~oposad activf ty fel l wi thtn tl~c defin i tlon o{` Sectlon 3.01. Cless 5~ of thc Clty uf Anahei~~~ Gut~~ilncs to the Requir~ments for an Envlronmental Impact I~eport and was, th~refore~ catr.yorically exempt from th~^ requtrcment to file an EIR. Commfssioncr Morley affer~d Resolution No. FC.7~-~25 end ma~~^d for its pASSage and adoptton~ that the AnAheim City Planning Commisslon doas hereby grant Prtttlon fnr VartAnce No. 2868~ in part~ g r~nting the requosted walver of permttted nncr~achmonts into requlred yards in part~ on th e basis that th.: petittoner stlpulated to reducing the eavc proJectton from ~-?. inches to 30 Inches ~ qranting tl;~ requested w~lver of the minimum sideyard setback on the bas~s th~t similar walv~rs ',.~ve been previously grant~d ~y the Planntng Commiszion in the subJect area end~ t~.~rtliermore~ there ~•~ere no obJectl~ns from the adJacent propei~ty owner to the north; and subJect to the Interde~artmental Committae r~commendations. (~ce Resotu tion Book) On rol l cal l~ ttie foregoing r~solution was passed by tlie following votP: AYES: CQMMISSIONERS: BARN ES~ FARANO~ KING~ MORLEY NOES: CAMMIS~IONERS: HERB 57~ JOHNSON ABSENT: COMMISSIONERS; T~Li.'? VRn.IANCE N0. 2870 - PU6LIC HEARfNG. DELBERT 6 VIVIAtJ ~CINNEY~ 1306 Ortol~ ~trect~ Anahctm, Ca. 92804 (Owners); JOSEPH B. E3WAR~S~ 620 South Euclic! Stre~et~ Anahelm, Ca. 92802 (Age~t); requesting WAIVER OF (A) MAXIMUM FENCE HEIGHT AND (B) MAXI MUM WA~I HE I GF17 ~ TO CON~TRUCT AN 8-FOOT H I GH WAI.~ on property deacr i bed as a rectangularly-shaped parcel ot laid consisting of approximately 7500 squ~re feet~ having a maximum depth of approxima tely 100 feet~ being located approximateiy 107 feet north of the centsrl ine of M~~ra Avenue, ar~d fu~•ther descrtbed as 1306 Oriole Street. Property presently classified RS~)200 (RESII~ENTIAL, SiNGLE-FAMILY) ZONE. Ons person indlcated his pres enca in opposttton, and forthwlth waived the f ull reading of the Staff Report to the Planning i,ommtssion d* ~d November 8~ 1976. Although the S;aff Report was not read at the p v bilc heartng, i~ ~ referred to and made a part of the minutes. Mr. Joseph Edwards~ the agen t for the per(tloner, appeared before the Planning Cammission and ~eviewed the proposa) sta ting that the pr~posed fence wnuld be adjacent to the l,pollo Jr. Htgh School and tennis court; that the tennls balls came over the rear fence of the p~operties adJacent to the s choal and consnquently the school child~en hopped the fence to get the balls; that the petitioners wa-e also requesttng to have a chainlink fence tn the front yard whtch w~uld be 4~ Inches rather than 42 I~ches high for the reason that they owned a couple of dogs and th ere was an unusual amaunt of foot traffic from the school children on the street and ddwn the side of the subJecx praperty and the high~r fence wauld keep tt~e :hildren ~•,t of the yard and aiso kp~p tfiem from reaching over tnto the yard to pet the dogs and pos sibly yetttng btttcn; and that he had photographs of the area which indicated tha other simliar va~iances were probably granted in *_he area for hlgher f~nces. M~. William Laster, 1302 Ortoie Street~ Anaheim~ appcared before the Planning Commtssion in opposition and stated tha t h ~ propertY also backed up to the Jr. High S;.nool property and he had no problems with the tennis balls slncG children generally knocked on the front door for him to get thc balls; thai mast of the front fences tn the area wtr- ~rlthin the 4~-inch height itmit except for a faw whfch probabiy we~~e erected withou: usnefit of a building permit; that the rear fence of the subJect property was appro~:imately 7 feet high and tf an 3-foot fence were ~pproved. the property awner would probably a13o put an 8-foot ~ ~ ~ MINUTES~ CITY PLANNING CONMI5SION, November 8~ 1y76 76-553 VARI4NCE N0. 2870 (Contin ued) higf- fence down the side of the property; that he d(d not fee~) it was too much ouc of llno to go ~ut and help the children gat *.ha tannis balls; end that ho tifmsel! Fiad a G-foot wall ~nd a Gearman ~hephcrd could Jump over it. Chatrman Johnson noted th at he did not feel that o 48-(nch hlgh 4ence evould Impede any ono's vlew and would bc no rtare unslghtly than a 42-inGh hlgh Pence; and th~t. furthermore~ the pctitlon er wnuld lika Co have Che dogs in the frorit yard occaslonally. Mr. La~stor further ~tated that the 40-Inch hlgh fence had be~n started withoux a permit and lied a sharp~ Jrggod top which was d~ngeraus for the thildren who mighk fall on It. Mr. Edwerds stated that th e top edge~ of the cltialr,l(nk fence could be alter•ed and he dld not fecl that the sharp e dges should ~e on any ferce. THE PUBLIC HEl1RING Wi~S CLOSED, In response to qucstionin g by Commissloner Herbst~ Mr. Edcwards statr,d ttie only advantage of increasinq the hQight of the rea ~ F~nce would be t~ dlscourage the children from going over tt after the tennts b alls. Comml~sioner Herbst not~d that the photogrephs indicated the walls had been climbed on and he questtoned whethcr the petitioner realixed that a~ 8- f~at wall would have tn be a structural wall with e,•tra fooXing, etc.+ a~d it -:as possible that the extsting wa11 may need to be r,orn down t+nd replaced t~ a structural manner. Mr. EdHards Tndtcated thae he was sure hi3 client was aware of thosa requlrements and sttpulated to the structu ral wall requtrement, In res~~onse to f~~rth~r questl~n~ng by Commf,sione~ Her~st~ Mr, fr~wa~ds sttpulated to take care of the sharp edges a~ protrusions frorn the top of the propos~ed 48-inch high chainlink fence to reduce the possibiltty of any inJuries tu children~ etc.~ tn the neighbo~hood. Mr. Edewards further stat ed that th e additional 6 inchts for the chainlink fence, making It a total of 48 Inches high~ wou'c cont+~in the dogs were mEdium sixe and n~t small. Commissioner M~rley noted that he ~,.1 not approve of dogs in the front yard sinc~ they ~hould be kept tn the baci. yard. Mr. Edwards rebutted that the dogs would be in the front ymrd only occasionally; and that there was a lo+: ,~f foot traffic in the area and ~hcs fen~e would ba to everyune's advantage, Commlssioner Herbst noted that 6 inches u~as not a signif~~n~t increase over the fence height rcqulrement~ and C ormilssioner Kiny recalled that the Comnission had turned down a simtlar proposal ta have a fence in the F~ont yard to c:ontain a dog. In response to questioning hy Comnission~r darnes. Mr. E:dwa~da ~tated r.hat the chdlnltnk fence was already partially erected. Chairman Johnson r~oted thmt he Would rpprove of :he proposal ~o increase the height of the rear wall slncr. it wautd not hurt the neighbors ar Ghe school; and thal• if the per.itioner was willinn to construct an 8-fo~t structural wall. they must want the wall pretty bad; hawever~ he did nat appr~ve ~` t`~° 4P- in~h htgh fence (n the front yard, Commissioners King and Horley concurred. Commisstoner Bar~GS tnyuired if the pPtitioner was fu~ly Awa~~ that thL :~ail mav have to be compl etely removed and rECOnstructec to meet the sr. ruct:.~ra ~ requi remrr. _s ~ ~~~1 Mr. E~wards reiterated that he was su~P his client was aware that t4 have an 8-f~o; high wall, the existing wal) would at least h~v~• to bc rein'~rrced. CWT1rtiISS3A.^„~ 6ar,••< then Indlcated that the Buildi~g Code should be strictly enforced if the 8~f~c .~al) r:ere approved s 1 nce s'~e d i d n.±* Approve of ;:1 t i ze.ns t ry t ng to b+~ i 1 d on wal l s cl-at we re not sound enc::gh • Ca-rnissio~ner Herbst nated r~~at plans for the structural des(gn o~~ the 8•~f:.t,x Hall should Le submitted to the Builciir~a Qivision for approvat prlor to the issua~r.e of s butlding permd t. It wes noted that the Director of the Planntng Departrnent had determined that the proposed activity fell ~tthtn tlie deflnttio n of ~ectio~ 3~01. Class 3~ nf the City of R~aheim Gutdelines tu the Raquii~ements fo r an Environmental Impact Repart and ~;as. therefora. categoricall~y axempt from the req uirement to ftle an EIR. Cc~mmissioner Mo~ley offered Resoiutton Na. PC76-226 anc- ,~oved for its pass~ge end ad~ption~ that the Anaheim City Plar.ning Cammission cioes hereby grant Petition for Variance No. 2H70~ 1~ pa rt~ denying the requested waiver of the maximum wall height tv ~ ~~ ~ MINUTES~ CITY PI.ANNING COMMISSION~ November 8, 197fi VAR1~ ANCE N0~ 28 0(Contl~ued) 76-554 construcl• a 1i8~Oncl~ high chatnlink fenr.e In tl~es required f~onC yard on tha baais that approval would set an undestrable precedent for future ~Imilar raquests and~ furlhermore~ the front yard was not an approprl~te l~c~tlon for the keepiny ofi ::o;~g: granting the requnsted waivor of the maximum weli helght to permit en 8-foot hl~h well in the re~a~ yard, only~ on the besls th~at the petikioner demonatrated that a hardshtp would bn creatod by the ad]acent echool Ghtldren coming aver the ex!sting 6-foot hiqh w+~il, and ~ubJect to the stipular.lon af thc pot(tloner that the 8-foot high wall wlll meet the Bu(Iding Code requiremonts for a jtruetural wall and will submie structurat design plans fo~ sald wall to the Bullding Utvtsion for approval prior to the tasuance Af a bu~ld(ng permit; and suhJnct to the Intnrdepartme~tal Commftte~ recomnendattons. (See Resolutlon Hook) Ther~up~n~ Mr. Edwards ~tatcd ha would like to request a contl~uance oP the subJect petttlon in order to discuss the proposal wtth the neighbor to the narth and to Inv~stigate the prabinms with the wall betng structural. The Plannin~ Commisston generally concurred thet such en actlo~ would probably not 91ter the decislon of the Commission an tho matter~ since adequate Information pertal~ing to the proposal had been provtded. Thereupon~ Mr. Edward~ wtthdrew hls request for a conCinuance, On roll call~ the foregoing resolutton was passed by tlu following vote: AYES; COMMISSIONERS: BARNES~ FARANO~ HERBST~ KING~ MORLEY. JONNSON '~OES; COMMISSiONERSt NONE ABSENT: COMMISSIONERS: T'OLAR CONDITIONAL USE - PUBLlC NEARiNG. JOtiN PRIEM~ 832 South Knote Strect~ Anaheim~ Ca. gx804 PERrlIT N0. 1662 (Ownar); PATRICK F. GAILUP~ 1724 West Catalpa N120, Anahelm~ Ca. 92804 (Agent); reguest(ng QN-SALE LIQUOR IN A LOOGE on ps~operty described es a rectangularly-shaped parcel of lanei consistino af appr~xtm~tely 0.9 acre located at the youtheast co~ner of Colchester Drive and Color.y Street~ ha~ving approxi- mate frontages of 120 feet or. th~e south side of Colchester Drlve ~~nd 310 feet on thc; ~ast slde o•f Colony Street~ and further descrtbed as 821 South Brookhurst Strcct. Property presentDy classified CL (COMMERCIAL, LIMITE~) zONE. No one indicated their presence in opposition ta subJect petitlon. Although the StafF Report to the Planning Commiss6on dated Novasmber 8~ 1976~ was not r~ead at th~ p~dbltc hearing~ sald Staff Report is ~eferrcu to and made a part of the ~ninutes. Hr. Patrick Gallup. the agent for the petitioner and secretary of the West Anahelm Moose Lodge~ appePred before the Pianning Commission a~id stated that~ being a fraternal organization, they would like to have a social club and be able to serve alcoholic beverages; that the organization had exemption stat~~s fram the Franchise Tax Roerd; and that the club would be for members and th~ir guests oniy and would b~ operated under the rutes and reyulatlons of th~ Royal drder of the Mc~ose, THE PUBLIC HEARlNG WAS CLOSED, In response to questloning by Commissloner King, Asslstant Planne~ Joel Fick advlsed that no 1eCters were on reco~d opposing the proposal. Camilssioner Farano questianed the ~xistence of any illagal signing on the subJect p~operty and Mr. Gallup stated that the signs in question were not located on the subJeGt property but were at the corn~r of Colchester and Braokhurst; and that they did not intend to have a sign on their building presently but would probably request one in the future. Assl~;;ant City Attorncy Fra~nk Lowry advlsed that the owner of tho subJect prope~ty t~ad reguested the subJect canditional us~e parmit and, therefore, wduid have to remove any illegal signing on the prnperty prior to commenceneent of the use being requested, Staff indicated that they would lnvesttgate tt~e signing on the subJoct property f~rther. (t was noted that the Dir~ector of the Planntng Department had determined that the propased aetlvtty foll withtn the definltlon of Section 3.~~~ Class S~ of the City of Anaheim Guidelines to the Requlrements for an Environme~tal Impact Repurt and Nas~ therefore~ categortcally exempt from the requlrement tu fOIP an EIR. ~ ~ MINUTES~ C17Y PLANNING COMMISSION~ Novnmber 8~ 1976 76~555 CONDI710NA1 US~ PEKMIT N0. 1662 (Continued) ..._ Commissloner Fa~rano offered Roeolutlon No. PC76~?.27and moved fur lts passeqe and adoption, that the Anahelm f,ity Planning Commisslon d~es hereby grant Petitlon for Conditlonal Use Pcrmit No. 1662~ subJoct to any illeqal slgninc~ on tha property being removad (n full compllence w(~h the sl,yning requirements of tho CL 7.onn; and subJect to the attpulatlons of the petftioner and the Interdap~rtmental fom,~itten recomnend~tlona. (Sen Resolutlan B~nk) Q~i roll call~ thc faregoing resolutlon was passnd by the folloMring vote: AYf:S: COMMISSION[RS: BARNES. FAMNO. HERBST. KING~ MORLEY~ JONNSON NOE5t CONMISSIONERS: NONE ABSENT: COMMISSIONERS: TULAR VARIANCE N0. 2$54 - PUEiLIC NEAR.ING. EARL L. SINGLETON AND JAMES CI.AYTON PEACOCK. 1600 Eest Mayfalr Avenue. Oran~e~ Cm. 92~~7 (Co-Trustees); GENERAI. MA~NTENANCE, ING.~ P. 0. Bax 233. Stanton~ Ca. 9~~~0 (Agcnt); raque~ting WAIVER UF (A) MAXIMUM ~~UMBER OF SIGNS: (B) MINI~IUM DISTANCE BEIWEEN 51GN5~ A~a (C) MAXIMUH WALL SIGN AREA~ TO PcRh{IT EXISTiNG IILEGAI SIGNS on prcaperty described as an irregul~rly- shaped parcel of land cansisttng of approximrtely 0.5 acre located at Che southwest corner o~ Broadvray and Euclid Street~ having approximato frontages of 150 Pee~t on the south slde of Broadway and 150 f~eet on the wast stde of Eucl(d Street~ and further descri6ed as 301 South Euclid Street. Property presently classifie~' CL (COMMERCIAL~ LIMITED) ZONE. Mo one tndlcated thel~ presenc~e in opposttion to the subJect petition. Although the Staff Report to the Pl~+nntng Commissian dated November 8~ 1916~ was not read at the public hearing~ said Staff Report (s referred to and made e part of the minutes. Mr. Donald Fink, rcpresenting the agent Por the petittoner~ appeared before the Planning Commisslon and steted thnt the decals undarnenth the canopizs had been painted out and there were no longer any free-standing slgns on the propcrxy~ eltminattng the need f~r two of the requested walvers; and that they Nere only askiny for the varlance to allow the wall sign. THE PUOLIC HEARING WAS CLOSED. Commissloner Farano questic,ned the termi~nology "pa(nted out"~ and Assistant Ctty Attorney Fr~nk lawry advlsed that if the signs were repainted, the petitloner wauld be subJect ta cltatton by the Zaning Enforcement OfPicer. In r~sponse to questioning by the Pl~nning Cam~(sston, Mr. Flnk statcd the max~mum ~~all sign area pertained to a hanging sign from the canapy and a sign diretting the pe~pla to the cashier~ satd stgn having two sidcs; and thal• since eliminattng the free-standing signs~ they would be only 4~ over the wall sign requirements and i~ would be expensiv~. to re~iuce the slgn area. ~;~ •°ssfoner Ilerbst inquired why the petitloner had not checked the Code requirsments 4Pr~or to havtng the signs painted~ noting Chat the Planning Commission had turiied down ~ recent request for additional stgn area for a motel !n the canyon area; and that the service statlon people were very aware of ehe Sign Ordinance but violaLed it th~e most. Mr. Fink took exception~ stattng that he dld not feel that all oIi companies should be categartzed Into one grou~~ but~ as a planning Gody, the Commission should Gonsider each case on its own meriC; and that the Arco Company had made an effort to stay withln the Styn Ordinar~~e by lowering the frerstanding pole sign over 50~, combining th~ price -1gns~ etc., on the pale sign in con~ormanca wlth the Code; that they were presently ~iminating `he illegal free-standing signs; and that the Planning Commission had granted ivers In the past for additional sign area. In response to questloning by Commissioner Barnes~ yr. Fink stated the cashler slgns were tlluminated. CommisslonGr Farano made an observation that th~: actual request was Por a 20~ lncreA~e In the sign area. an~ not 4$. ~ ~ ~ MINUTES, CITY PLANNING COMMISSION~ November 8~ 197~ 7b-55F VARIANCF N0. 2854 (Continued) Assistant Planner Joel Fick clarified chat es l~i~g as a slgn was pbrallel co the bulldtng wali, and did not extend m~re then 16 inches away frc~m the wall~ It was consldered to be a wall sign and the stgns tn question were thcn cansidered to bA wall signs. In response to questloning by Camntssloner Fr~rano~ Mr. Fink strted that he believed the subJect servlce st:eClon wAS salery-oper+~ted and, therefo~e. the expense of the stgntng chnngp would be khe responstbility of the oi) cc~m~any. CarMnissioner Farano nated that tliere were applicants who caRe before the Planning Commisston i~ cnnnection ~alth honest mist.ekes, but thc ~Il comp~nies had some of the most capable people handling these type matters and knew wh~t th~y were doinge Commissioner King mad^_ an ubservation that the signs tr+ qucstlan wero not obnoxlous~ did not overwhelm the service statlor+ stte~ and were attractlve and neat. Cc~nvnlssianer Morley noted that~ tf approved~ he felt conftdent tl~at a stgr~ificant number of othrr servlce statiuns tn ~he City would aiso reyuest to have t~ 20~ In~.regse In thetr signing. (n response to questiontng by Fink, Mr. Fick advlsed that the signs in questton did not fit the d~finitton of a dlrectional sign and~ if so~ therc would be a~nother questio~ pertaining to number of free-standtng signs. It was noted that the Direc¢or of the Plannlnq Department had determ(ned that the proposed aGtivity fell within the deflnitton of Section 3.01~ Class 11~ of the Ctty of Anaheim Guidelines to the Requirements for an Environm~nlai Impact Report and was~ thc~eforc~ categortcally exempt from the requirement to file en EIR. Commtssloner Herbst offered Resolution No. PC76-228 and moved for• tts pessage and adaptton, that the Anahe~m City Planning Commi~sion does hereby deny Petition for V~rlance No. 285~+ on the basis of the foregoing findings~ ~rith no hardship being shov~n. (See Resolutlon Bnak) On r~ll ~all~ the foregaing resolution was passed by tha follaving vote: AYES: COMMISSIONERS: BARNES~ f'ARANQ~ HERBST, KINC~ M~RL~Y~ JOHNSON Nf1ES: C~MMISSION[RS: NONE ABSENT: COMMISSIONERS: TOLAR VARIANCE N0. 2872 - PUBI.IC HEARING, LA VETA DOMINO~ c/o Odra Chandler, 608 Sauth Narbor Boule~~ard~ Ana-~eim, Ca, 92805 ~~wnor); W. EARL 6ARR, JR., 1650 South Harbor Boulevard~ Anaheim, Ca. 92802 (Agent); requesting WAIyER OF (A) MINIMUM STRUCTURAL SETBACK~ (B} MINIMUPI LANDSCAPING~ qND (C) MINIMUM NUMBER OF PARKING SPACES~ TO CONSTRUCT AN 88-UNIT MOTEL on ~roperty described as an Irregularly-shaped parcel oP land conslsting of approximately 1.2 acres having a Pr'ontage ~f approximatply 230 feet on the west stde of Harbor Boulevard, having a maximum depth of approximateiy 300 f~et, and being located approximately 195 feet ~orth of the centerllne of Ball Road. Property presently classified C-R (COMMERCIAL-RECREATOQN) ZONF.. No one indicated their presence in opposition to the subJect petition. Although the Staff Report to the Planntng Commissi~n dated November 8, 1976~ was not r;;:~ at the public hearing~ said Staff Report is referred to and made a part af the minute~. Mr, Earl Garr~ the agent for the petitioner, appeared b~fore the Planning Cnmrnission an~1 stated that for the past three y~ars he had been the master lessee of the Saga Motel ~Nhic.~ was located across the street from the main entrance to Dtsneyland, and he was also the agent fcr Ms. Domino; and tha*. he had an opt(on to purchase the SubJect prop~:rty. Mr. Garr reviewed the proposal and stated regarding parking that~ based on 2helr studies and acords~ 43$ of the clientele came to the Saga Motel by way of other tha~ Fayse~ger cars~ t.e., Amtrak Fuilerton~ ai~craft~ buses~ etc.; that they participa:ed in and produced tour packages; and that the expense of operating passenger cars was inr.reasing a~out 8$ per year, THE PUBLIC HEARINr, WAS CLOSED. ~ ~ ~ MINUTES~ CITY PLANNING COMMISSION~ Novembcr 8~ 197~+ VARINNCF. N0. ?£372 (Contiriued) /6-557 In respo~se r.o questior,ing by Chairman Johns~n~ Assistant Pla~~inr Jo~) Fick advised thet khe dato compiled by Mr. Garr would ba beneficiAl to City staff In cunnectl~~ wtth the parking analysts~ and P1r. Ga~rr statad that he r+ould be glad to provide a copy oP sa(d data to the Gtty; that he had also been the owner of the Gaslight Motel in the arca an,d could~ thureby~ verlfy that the farther aw~y from Disneyland the morc auYanabtle traffic the mo~al nat; that stncn May~ 197~, he had turned away ln excess of 100Q rnom ntghts to two tour produccrs Prom Canada, a~id tF,ey were yenerally unable to handle wholesalers who brought (n ~roups because thcy dld noC hevc thc cap+~ctty for them; ond that thG p~oposed ~-?an was designcd to accommadate the largr.st C~ur bus on the property. Mr. Garr r,dcfressed the r•.quested waiver of the minimum srr~cxural ~etback~ stating that they were not awa~e of +~he SQ-fout requlrement~ basically because they could see no way for prapertl~s north oQ~' !ermont Ca be developed wtth such a widc setback. orea~ and tI~P setbacks °or existing dev~,l~pmcnt along Narbor Boulevard ln the area werc All about 25 feet. Ccmmisstoner King natect that the Shakey's Rest~ura~t to the north of subJect property was dave' )r:d W1t~: a 35-foot se•tback which w~s fully landscaped. Mr. Gerr further stated that Topp,., C~~rrc,ws~ Sandman~ etc.~ were all developed with less than 25`foot setbacks; and tl~nt the p;oposed 2r-fo~t setback would make o fairly nlce Frontage for the motel. Mr. Garr stated h~ ~Sd nol' under,tand khe min(mum landscaping waiv~r indlcated In the Staff Report. In reSpnnse, Commissior;er Morley noted that tha petltloner was proposing to h~ve 2 p~rking spacrs in thc~ required 15~f~t iandscaped setbock area. Mr. Fick fu~ther clarlflea for the petltione~ that the Code offered an alternatlve~ betng a 5Q-foot s~tback with an a~eraqe of 2U feet but not less than 15 fPet of landscapfng, or a 25-faot setback fully 18~.ds~bperJ. Comm~ssior~er Klnn noted that by ellrninating t{ie 2 parktng spaces in the requtred setback aren~ the land~sc~ping reyuiren~nt cnuld be met, nnd Mr. Garr so stlpulated. In respons~ to q~~estioning by Commissio~er Morley, Mr. Garr stated that they had 9S units at the Saga Motel and appro~.imately 1~' parking spaces~ and durtng the hea~t of thn season they had plenty of parking; however, part af his leasefiold belonged to The l.ancers for parkin~ ~nd he woS not sure how much of it was for his use. Discussion {?ursued regarding the location of Che. subJect property in relr~tionship to Disneyla~~d and the fact that only 3G~ of the required parktng was proposed~ during whlch Cortmissio~er Herbst noted that the subJFCt property was not -~ithin walking distance of Disn~eylAnd in al~ rca~lty, and the tourists wouid have rental cars; and that simila~ propossis were approved w:tF~in walking distance of Oisneyland only. Mr, Carr then sCa~~~ that the Ivanhoe and Lamplighter had parking equivalent to the propus~l, beinG 2 parking spaces to 3 units; end that they were proposing to provide transportat~or froa~ the moteis to the Disneyland area by cosch or by Fun Bus. Conrn~ssloner Herbst then questtoned what would happen tf 3k~ nf the rooms were unrented .m d t:he parking tot was a11 filled up. Mr. Garr stated that there was no way they c~uid cont~mplate such a ha~pening but were bastng thetr prnposal on the fact that the need for parking space had decrebseJ pvery year for the Saga; that, with the energy crls~s, buses rrere becoml~g a bett~r way to travel and~ although he did not know when a plateau would be reached~ they dtd not conter~plate an increase in the nePd for parking spaces; and that fie could always prav~de some parking at thP Saga for the proposed motel clients. CoaKniss~cner Farano took cr,ception to the requested parking walver~ noting that the studies researched by Mr. Garr should be corroborated by Staff; that he dld not feel that taurtsts C~me to the Anaheim ~rea Just to see Disneylartd; that it was not likely that the clientele w~u1d change motels and~ further~tiore~ th~ Fun Bus may not take the tourists ro all o` the ~laCas they wanted to go, in ;espunse, N~r. Garr sta~ed that tours were gen~rally pre-planned fram the departure time to the return time; Chat tours accaunted ~o~` 22~ of the business at the Sags; that the tdur pAC:koges us~~ally included trips to Knott's Berry Farm~ Llo~ Country Safari, etc.; that packag~s were arranged thruugh Gr~y Ltne or the Orange ~County Tour Company, and there was no reason why anyone should miss out on an attraction for lack of transportation. ~- C~ MIIJUTF.S~ CITY PLANNING COMMISSION~ Novcmber 8~ 1976 VARIANCE N0. 2872 (ContinuerJ) ~6-558 Canmissloner Farano tndic~ted Lhat tourists could generally do ~hat they pleased if th~y so dostrad; that lf the Plannfng Coirvntsston acted on the Informa~lon provlded by Mr. Ga~r and it t.urned out to be at~sotutely tncorrect~ r very sertaus problem -vould be creeted. stn~e there simply wauld b~ no place to add parking on the subJect property withtn re~son. Chalrm~n Johnson noted that althnugh traveling he~bits werr chang(ng all over~ eapaclally tn a~reas of attractlons~ and the prosent CodPS we~e de~igned f~r motals located adJac~nt to fre~ways and entr~nces and exits to cltles~ he w~es not in favor oP a devlatlon from tl~e parking requirements e~ great as that propased; a~d that he was even more concernad about tlie setback proposed so that some at~ space Nould be ~vatlable around the building. Commissloner Kir,g notpd that he would app~ov4 the setbacks ~,~tth the addition of landscaping and the nltmination of the 2 parking spaces. Canmissioner Morley dlsagreed, nottng that others had beon required ta provide 35-foot setbacks end hc could sea no hard~htp for the subJect prope~ty stnce it would h~ve overbuilding and underparking. Commtsstoner Herbst further revlewed the htstory of the parking requ(rements for motels and re~~llcd ~hat the firsc study was presented wtth the same ar•gument regarding tours~ etc.; that a daveloper tn the heart of the Dtsneyland area was required to document the informatton Supporting thelr proposed parking~ and the subJect prape~ty was different tn that tt I~ad freeway access a~nd wes distant to Disncyland; that he wouid ltke further study with rogard to parking peresntages for motels located this distance from Disneyland~ end that the survay should be updated by the Clty to sea lf a Code ma6ification was tlmely. Commissloner Barnes noted thaC If the subJect praperty were to ba sold in thc future, additlonal problems could be creatr:d; that, Although the petit(oner might be right ab~out the parking~ the proposal was qutte a reduction. She qudstloned whether the petitioner was propostng to have rental cars et the subJeGt location, and Mr. Garr stated that there was a car leasing agcncy at the 5aga. Mr. Garr further stated that he did not teel the Code should he changed~ since not,els catering to weekly or monthly clientele would deflnitely need to have 1:1 parking or more because they v-ere semi~permanent residences; however~ he did not ~eel that the sa~ne requirements were ~pproprlate for the Disneyland area with tour packages, etc. Chairman Johnsun and Commisstoner Morley generally agreed that they dld not approve either of the waivers~ stnce campliance would result in less units on the properey and conseqtently mor~ parking. Commissioner Farana noted that he could not accapt the ~tatements of the petitioner without F~aving any research on the part of the City~ however~ he had na desire to overburden the pet(tfAner with unneeded pa~king spaces; and that the plans should be re~vts~d and StafP should ~onduct And updete the parking survey to corroborate the petltloner's statements. Mr. Garr then stated he was willing to compromise so thaC he would noc have to take a c4ntinuance~ and Commisstoner Nerbst indicatnd that the revised plans would be required for the Planning Commiss(on's consideration of tl~e zontng petiti~n. Thereupono Mr. Garr requesced a ~wo-week continuance sa that revlsed plans could be su5mi tted, etc. /~ssistant Planning Dlrector-Zoning Annika SantaiahCl advised xhat the updating of the parking survey would require more than two wee.ks a~d~ therefore, a four•week conttnuance should be constdertd. Chairman Johnson naied that the Planning Conmission'S action on the sub)ect petition could be precedent-setttng and it was lmpdrtant t~a have sufficient and up-to-date information upon which to base th~ir decislnn~ Assistar~t City Attorney Frank Lowry suggested that Nr. Swtnt. the engineer for the proposal, could probably Assist Staff in c~btaintng the inFormatton needed for the updating of the parkQng ~urvey as it would apply tu 1ncACions simila~ te the subJect prope~ty i~ relattonahlp to Disneyland. Commissioner h!o~ley offered a motion~ seconded by Commissfoner Fareno end MOTIQN CARRIED (Commissioner 7olar being absent)~ thpt t.he Anahelm City Plannfng Canmission does hereby -- ~.1 ~ ~ ~ MINU'~ES~ CITY PLANNING COMMISSION~ Novnmber 8~ 1976 VARIANCE N0. 28 2 (Contlr~ued) 76-559 reopen the public hearing and continua conalderatlon of Petilton for Vartenco Nr. 2872 to the Planniny Commisslan meeting of December 6~ 1~76, for the petitloner to submlt revlsed plens and Por City stafP to update the ,,ark(ng study~ as d(scussed. VARIANCE N0. 2Q75 ' PUBI,IC NEARING. LOUIS F. l1ND PHYLI.IS A. SELI.~ 37 Monarch Bay~ Laguna ~Ilguel, C~. 92677 (Owners); TERRY BERZENYE, 1075 Narth Harbar Boulevard~ Anahetm~ C~. 92801 (Agent); rcquesting WAIVER '~F PERMITTED USES TO EST49LISH AUTOMOTtVE REPAIR INCI.UDING ENGINF OVERHAUL o~ property descrfbed as a rectanyularly-sheped parcel of land constst~ng of approxlmately 0.7 acre hbving ~ frontage aP ~ppr~xtm3tely 90 feet on the west slde of Ha~rbor Boulevard~ having a maximum deplh of approximatcly 330 feet~ being locat~J approximately 65 Peet ~outh of the cnntP~ltnP of Anaheim Boulcvar~~ and further described as 1075 North Herbar Boulav~rd. Property presently classffied CG (COMMERCIA~., GENERAL) 70NE, One person indicated her presence in oppositi~~n~ arid forthwith walved the full reading of the Staff Rep~rt to the Planning Commiss(on dated Novembar 8~ 1g76. Although thc Sr,Aff Report was not read at the p~ablic hearing~ It is referred to end ma~de ~ part of the mtnutes. Mr. Terry Besrzenye, thr, ayent for the aetltloner~ appea~^ed before the Planntng Comniss(on and stated he restored older cars with newer enyines~ etc., and also fnstalled speclal equtpment and controls for crlppled drivers~ as well as completely overhauled the oldsr ca rs . Mrs. Margaret Zwiener~ 512 West Vlctor Street, Ana~~elm~ appeared before the Planning Car~nisslo~ in opposition and presented a{~etition signed by approximately seven persons in opposttian to the pr^~nsal. She stated that autam~btles were blready being disma~tled on the subJect property; that young people were allowed to bring cars ta the subJect property and sture them; that she was questioning why an environmental (inpact report was not required in connection with the proposal due to the noise~ smog ancl hours of uperaeion; that the petittoners were presently engaged in mot~r overhauling~ tune-ups~ transmfssion repalr and valve gri~iding~ with complete "street rud" repairs; that she had checked wlth the Pollce Department and found that stnce September of this year theft was u~ 7~ and guto thefts alone were up 16$; that she was also questtoning whcther Che proposed varlance was a cover-up for a business that was fllegal in the ftrst place~ noting that there was no date on the ~ity records for the originel zontng of thA property; that~ in discussing the surrounding uses~ no mention had been made of the single-famtly homes on the south and west sldes of the building~ but ~eference had been made to multiple-fainily which was dtstant on Vtctor• Street, in addit~on to the commerctal uses tn ths area; that the proposed use had nothing to do with a car agency~ ta her knowledge~ and was directly acrass the strect from the single-family homes; that the maJority ~f the persons who sigieed the petition in favor were misinformed slnce she did not believ~ they were advised of the eng(ne overhauling and, furthermore, niany of th~ stgners in appasttion did not live in the area but only worked there and did not hPar the night notses; that some type of buffer between the proposed ~usiness and the homes faciny north an Victor Street should be pravtded stnce the subJect property was only a few feet away; that she had been a resident of the area tor approximately 25 years~ her home was paid (ar~ and she was not about to move to l~t someone come in with a business and satisfy hls liying desires. Mrs. Zwiener further stated that she lived three houses off Harbor Boulevard, a~d she presented photographs of the exlsting conditfons at the subJect location. In rebuttal~ Mr, k3erzenye stated that there was room between his property and the single- family homes to place another business; that with regard to the dlsmantltn9 of cars, there were cars parked outside th~ b~ilding in dismantied stages and he had called the Pollce Department to have them hauied away; that the customers have brought the ca~s in for estlmates and for reasons such as the estimates being too high and not worth fixing, etc~, ttie customers would samettmes ieave the cars; that he had painted and cleaned up the premises on his own and spent his life earnings setting up the bus(ness; and that he was in the garage from approxtmately 7;011 a.m. to midnight working ~end had never bothered h(s neighbors to his knowledge. THc PUB'.IC NEARIIJG WAS CLOS[D. In response to questtoning by Chairmgn Joh~so~~ F;rs. Zwlener Indicatcd that the photographs presented were t~ken this d~~ . Ch~,Irman Johnson then noted he wa3 hoptng to ~ ~ ~ MI ~lUTCS, l: ITY PLANN I ~I~ COMM! SS I ON ~ NovemGer 8~ 1976 7h-56~ Vi1RIANCE Na. 287$ (Continuad) apprnve the prnposal but ha had some reservations regarding tha nolae end ~ixtent of the work being done. In rebuttal~ Mr. derzenyn stat~:d he had asked the people on occrslon If thn operatlon w+~s too notsy at nlght and had (ndicated it it w~a f~~ would shut the t~usiness down; and that a wall presently sxtsted against the rnsidentfal s(Je of tho proporty to scr'ee~ Prom 'Vittor Street. Comml~sloner Herbst noted that a cumplalnt had becn ftled by a ccximerelal tenant with the+ Zontng EnPorcement Officar regarding the use; and he questloned whethesr tho renant had vacated the area because af the noi:,e. Mr. Berzenye responde~ in the negatlve~ stating th~t the referenced business was closed down becauso no license had bedn Issued. Coa~missioner Morley nor.ed Chat hc was sympathetic with the~ opposltion~ however~ those in opposition ~~ere locatQC! farkher away than those who had sig~ad the petltlon tn fsvor of the .proposal. Commisstoner tlerbst (nquired if thn petilioner f.ad a permit for the Cwo outdoor holsts, and Mr. derzenye r~sponded that tl~e buflding had been in extstcnce for about 10 or 15 years. Assistant City Attorney Frank Lowry adv(sed that the Pl~nning Comml~slon had been somewhat divided over the outdoor hoist issue~ when they were out of publfc uiew, the Comnission had gone along with them occasionally but when they were In full vtew, the Comm(ssion had asked them to be removed or that a bufldtng be built over th~m, Chatrman Johnson noted that Oran~e C~unty Tlre was prevlously tn buslnnss at the sub,ject IocAtion, to his best ~ecollection. In response to questionln~ by Commission~r Farano~ Mr. Berzenye statnd that~ in th~e past~ he had worked on championship racing carsr however, he wouid nat be engaged in the bu(lding ~f rail or race cars; th~t the cars he w4uli build would be for s~~ow and not for speed; and that he hed done a littie work on boats for special customors. In responsc to further questloning by the Planning Commission, Mr. Lowry advised that an Inoperative Vehicle Ordinance permitting the impounding of vehlcles wes enforceable through the Palice Department ond als~ th~ough the Zontng Enforcement Office;. In response to furt.hcr questioning by Commissioner Farano~ Mr. eerzenye stipuleted that ail of the work would be done inside with a limi'ation of tha hours and testtng of large vehicles. Mr. Berzenye further stated that none of the cars would have e loud exha~.~st. Commtssioner Farano noted that th~ outdoor storage of veF~tcles should etther 6e eltminated or screened. ,Ir. Berzenye stated that ~ wall presently existed from his garagn to Victor Street. Commissioner Barnes noCed that walls mtght act as a sound corridor if not properly locatr.d and that a well between Mrs. Zwiener's property and the subJect property mlght help to allevt~te the sound traveling in that direction. In response~ Mr. Btrzenye statcd that was the reasnn he had moved his atr compressor from the one side of hls property to the other at a cost of approximatel, $300 and since that etme he had no complafnts regarding noise from the neighbors; and that a huilding existed right behind his property~ And the Planning Comrnission appeare~' to wt~nt a wa11 the~e also. Mr. Berzenye clartfieci for the Planning Corm~ission that there was na storage or parkir~g of cars in the alley, and Lhe photographs taken by Mrs. Zwiener were of the subJect property oppastte Victor Street. Mr. serzenye responded to further questlontng by stating~ regarding ~ envlronmente) imp~ct rrport document~ that the garage had existed for a lo~g t(me, Ne sttpulaoed that: hours of operatton would be between 8:00 a.m. and 5:Q0 p.~n. and Commisstaner Farano indtcAted that ~:00 a.m. to 6:00 p.m. would meet ~is approval under certaln condttlor~s. Thereupo~~~ Mr. eerza~ye further sttpulated that he would not engege In the butlding ofi vehicles ropuiarly referred to as "rail" or race cars. Comm~sstoner Farano noted that cus~omizing was mare of an art than an enginenr(ng fent since it involved beauty and not performanca and~ as long as the testtng prc-cedures and hours were regulated, he could see n4 problems. Mr. Berzenye then stated he had been iN business et the subJect location for approximately one a~d one-half years, - ~ r ~--~^-- ~ ~ MINUTES~ CITY PLANNING COMMISSION, Nove~mbe~ 8~ 1976 76-561 VAitiAh:CE N0. 2875 (Cnntinutl~) It was notad that the Directar of the Planning Department had deter-nlned that the proposed e~tlvtty fell with'n the definltton ot Sectfon 3.~1~ Class 1. of tha City af AnAhAtm Guldelines to the Requlrements P~~r an Envl~onmenta) Impact Rnport a~nd was~ chcrefore~ categortcnlly exempt from the raqulremer~t to fil~ an EIR. Commissioner Farano offered Resolutton No. PC76-229 end moved for lts passage and adoptton~ that the Anaheim City Planning Commission does hereby gra~t Prtition far Vertance No. 2d75 fnr r~ perlod of one year~ sub,Jecx to revfcw ancl consl~'eratl~n by thr, Pldnnfng Commisslon for p4ssible oxtensic,ns af timc upon wrttten request by tha pestitloner; sub]ect to Che sttpulntion of the petitlone~ that the hours of operat(a~ with the doors npen will be b'twoen 8t00 a.m. and 6;00 p,m., and no testtng or mechanicel repat~ work will be pe;foimr.d bcfore ar nfter smid I~ours of flpe~etlon; that thcre shall be no outdoor starac~e whatsoeve~ permilted on the subJr.ct property and the automobtles or bodies thereof whlch are pres~ntly stared or perked outside on the premtses sF~all be removed Immedlately; subJect to thc stlpulation uf tF~e petitioner not to engage In tha bulldtng of vehicles popularly refarred eo as "rall" or r~ce cars; and subJnct to the Interdep~rtment~3) Tommittrc rncommendntions. (See RGSOlution Book) On r~ll call~ the foregoing resolu4iun was passed by t•he followtng vote: AYES; COMMISSIONERS: BARNES~ FARANO~ HER85T~ KING~ MORI,EY~ JOHNSON NOES: COMMISSIONEP,:; NONE ABSENT; COMN~ISSIONERS: TOLAR Ctialrman Jchnson reminded the petttioner to live up tn the good netghbar policy with respect to L•he subJect bustness operatton, RECESS - At 3:35 p.m.~ Ch~airman Johnson declared a recess. RECONVEt~E - At 3:45 p.m.~ Chafrman Johnsan reco~ver~ed the meeting wlth Commission~r Tolar being absent. CONDITIONAL USE - PUBLIC HEARING. DOUGLAS ANNEX~ f650 South Dougiass Poad~ An~helm~ Ca. PERM17 N0. 1664 92806 (Qwner); ROY H. B~NNETT, ;617 West MacA~thur ~`510~ Santa Ana~ Ca. ~ 92704 (Agent); requesting permis~ton tu ESTABLISH AN AUTb REPAfR SHQP on property dascrlbed as an (i-regularl~-shaped parcel of land consist- Ing of approximattly 0.9 acre having a frantage of approximately 20 feet on the sast side of Douglass Road~ having a maximum depth of bpproximately 39$ feet, and being located approx(mately 220 feet north of the centerline nf KatPlla AvenuG. Property presently classified Mi. (INDUSTRIAL~ I.IMITED) ZONE. No one tndtcated their presence in oppositton to the subJect petttion. Although the Staff Report to the Pianning Ccxnm;ssion dated Novembe~ 8~ 1976, was not rea~ at the publlc hear!ng~ said StAff R~port is referred to and made a part of the minutes~ Mr. Roy B~nnett~ the agent for the p~tttioner~ appeared before the Planning Commlsslon and stated the propo~al was for au~to repAir an~ dtesel truck repatr. TNE PUBLIC HEARING WAS CLOS~D. In response ta guest~oning by Commissioner King, Mr. Bennett stipulated that all of the repair work would be perfarmed tndoors and the autortrobiles and trucks would not be stored on the sublAct property unless a storagc area was provtded in accordance with th~e Code requirements. Commisstoner ~King offered a metion~ ssconded by Cammissioner Herbst and MOTiON CARRIED (Comnissloner Tolar being abser~t), that the Anaheim City Planning Commission do~s hereby recomrr,end to the City Council af' the Clty of Anaheim that a negative declaration from the requlremnnt to prepx~re an envtronmental report be approved for the subJect proJect~ pursuant to the provisions of the California Envir~nmental Quality Act. ~ ~ MiNUTES~ (.ITY PLANNING COMMISSIOt~~ Novamber 8, 1g76 CO~IDITIONAL USE PERMIT N0. 1664 (Cont(nued) _.~- ~ 76-562 Conwnl~si~ner King offored Resolutlon No. PC7~~•23Q anci moved far Its paasage and adoptlon~ that the 1lnaholm Glty Planning Conmi~sl~n daes hereby grant Pet(tton for Conditlonal Usa Permit No. 166h to permit automol•iv~s and dlesol truck repalr~ subJnct xo C~de requlrements and stipuletlon by the pctitlonnr~ thet all of the ropalr work shall be performed I~slde the building; subJect to tho c~ndttlon thht any outdaor storage shall bt pruperiy and completely scrennad In accordanc.e with Code atandards as stlpuiated tn by the petttloner; and subJect to the Inte~departmencal Committe~e recommendatlons, (See Resoluttan ~ook) On roll call~ the foregoing resolutian wes pe^~sed by the followtng voCa: AYES : COM~11 SS 1 QNERS : BARNES ~ FARANO ~-IE,RI3ST ~ KI NG ~ MORLEY ~ JONNSON NOES: COMMISSIONERS; NONE ABS[NT; COMMISSIONERS: ~ui.AR l;QN01TI0NAL US~ - PUBLIC NEAaING. DUNh PRAPk:RT1E5 CORP.~ 2~ 9rookhollow Drive~ Santa An~~ PERMIT NQ. Ib65 Ca, 927Q2 (Owner); MARTIN P. LOEW/CARMAN P. SFERRAZZA~ 940 Wast Orangc~ ~~ thorpe Avenue, Fullcrton, Ca. 92632 (Agents); requesting perm(sslon to ESTABLISfi A SANDWlCH SHOf~ an property described as an irr~gularly- shaped parcel of land consisting of spprnxlm~tely 5.a acres located north di the inter- sectlon of Knollwood Circle and Woodland Drive~ havtng approximate frontages of S33 feet on the northeast side oP Knoliwood C(rcle and 449 feet on the northwest slde of Waodland Drtve~ and further described as 2643 Woodland Drlve. Property ~resently classifled ML (INOUSTRIAL~ LIMITED) ZONE. No one lnditated th~Ir presence In opposition to thn subJect petition. Although the Staff Report ta tF~e Planning Commission datad November 8~ 1976~ was not read at the public fiearing~ said Staff Report ls referred to and made a part of Lhe mtnuC~s. Commissianer Y.ing noted that he had a tonFltct of lnterest as deftned by Anaheim City Planning Commission Resolutton No. PC7~i-157 adopting a Conflict of inte~est Code for the Planntng Commission and Government Code Sect-on 3~2;~ et seq.~ in that he awned canmon sCock tn Pactfic Lighting Corporation nnd Dunn Prope~~ties was associat~d with sdtd torpo~ation; that, pursuant to the pravisions of the above cod~s~ he was declart~g to the Chalrman that he was w(khdrawing from ~he hearing In con~ectton with Item 9 of the Planning Commission agenda and would not takc part In etther the discusston or the voting th~reon; ar,d that he had not dtscussed thls mstter wlth any mEmb~r of the Planntng Cammisston. TFIEREUPON~ COMMISSIONER KING LEFT TNE COUNCIL CHAMBER AT 3:Sb P.M. Mr. Garn~n Sferrazza~ the agent for ttie petitior,er, appeared before the Planning Commission to answer questions regarding the proposal. TIiE PUBLIC NEARIIJG WAS CLOSED. In respanse to questloning by the Planning Canmission~ Mr. Sferrazza stated he would be the aperator of the proposed restaurant; that serting for approximately 12 pers~ns ~t tabtes was proposed; that over 25$ of the floor ~pace was designated for kttchen are~; thet the hours of operation would be from aFproximately 8:00 a.m. to 5:00 p.m.; that the 17 parking spaces indicated would be for the use of the restaurant; that he had never been in bu:,iness tn an industrial area but felt that the business would be 50~ take-out; that beer and wine were not contemplated at tf~e present time; and that the referencG was not to a restaurant but to a sandwich shop. Assistant Planner Joel Fick read a letter from Dunn P~operties regarding the altotted parking in the indus~r(al complex for the proposed use~ as follows: "October 11, 1976 SUB.lEC7: Proposed Leose on Premis~s Known As 2643 Woodiand Orive~ Anaheimi Californi~ 92801 - Dunn Bustness Parks has advised the proposed Lessee of subJeck premises~ Phil b CaPm's Nouse of Subs~ that the~e will be avail- ~ ~iv ~ MINU7E.S~ CI1'Y PLANNING COMMISSiON, Novembor S~ 1976 7b^5~3 CONOlTIONAL USF PERMiT M0, 1665 (Conttnued) r~blc a t.otal of 17 Fark.ln~ spaces ln cann+on with other ter~anCs occupylny this bullding. s/Terry Barr(n,yc~r - As~t. Secy." Mr. Fick furtheN stnted that ~ta~`f had analyzed the pmrkir~g In relationship to the sub~ect butiding and found it was tn compliance with the requlre+ment. Dtscusslo~ pursued regardtng the proposed sandwich shop versus a resteurnnc, ~luring wh(ch Staff advised that tha proposnl had been revlewad as ~ restaurant requirtng rhat a minimum of 252 of the floor sp~ce be for kitchen or faod ~~eparetion area and that. th~ p~oposal exceeded the 2$~G req~.~( rement. Uiscusston puraue~i regardlny the parking spaces availbbie In the over all industr(al complex for thn propased use an~i okher uses at this locatlon~ during whtch Mr. Fick advistd thaC (n analyzing the parking~ StAff had not cnnsidered the enti~e complex but ~-ad considered thc parktng dosignated for the subJect building unit only~ a~d that the proposed u~e requlred ~3 parking spaces per 1000 squarp feet of floor area or 17 gpaces. Assistant Planntng Dlrector-zaning Annika Santalahtl IndtcatQd that althc-ugh she was not famlllar with ths total parking space, provtded on tha subJect slte~ tt was possible that there was excess ~arktng; and that if the praposal was considered favorably by tF~e Planning Commission~ she would recomnerid tliat Addltional exhlbits or plans indi~ating the ailotmant of the parking spaces in tl~e xota) comolex be required; and ttiat it appeared there were about ~-2 spaces set aside for the use of the subJect butldtng, Commisstoner Farano noted that unless an actount of the parki~g spaces assigned to-date was not kept on the subJect industri~l complex~ tt was possible that some commercial ar quasl-r~tail uses might be approved which would creatn a shortage of parking in satd cort-plex. Commissioner Herbst suggested that~ if the proposal were approved~ the petitioner (Uunn Propertfes, Inc.) be required ta submtt a detatled parktng plan commttting cerCain spaCes to the proposFd use. Assistant City Att~rney Frank Lowry advised that, legally~ the parking spar_es had to be provided within 3n~ feet of the building. Commissioner Farano made an observation that approxlmately 25 parking spaces out of the 42 indlcated for the sub,)ect building would rematn fur the use of ths Qther seven units in the building. It was noted that the Qfrector of the Planning Dep~rtment had determined that the proposed activity fell within the definition o~f Section 3.01~ Cla~s 1~ of the City af Anaheim Guidelir~es to the Requirements for an Envtranmental Impact Report and wa~~ therefor~~ categorically exempt from the r•equirement to file an EIR. Commissioner Herbst offered Resalu:ion No. PC7f,-231 and moved for its passage and adoption~ that the Anaheim City Planning Commission does hereby grant Petition for Co~dttlonat Use Permit No. 1655 for a restaurant use on ths basts that slmilar requests have becn previously granted fior restaurants witl~ sit-dawn and tak~-out factlittes in Industrta) complexes where the use was primarily to serve the tndustrtal tenants~ subJect to the stipulation ~f the aetitioner that the hours o1~ oper•atton would be between 8:Uu a.m. and 5:00 p.m.; that a mtnimum af 25~ of the floor area sh~ll be designated as food preparatlon area; that seating for a maximum of 12 petrons shall be provlded inside the restsurant; that the petit(oner shall subr~it to Che Pl~nning Department fnr appr~val a plan oP exhlbtts tndtcating the assignment of parking spaces for the existina and propased uses on the subJect property,including a written commitment for 14 spaces reserved for the proposed restaurant use as reGuired by Code and prior to th~ (ssuance of a building permit; and aubject to the Interdepartmental Can~nitt~e recommendations. (See Reso~ution Book1 On roll call~ the foregoi~g resolutton was pASSed by the followln~ ~ute: AYES: COMMISSIONERS: flARNES, HERBST~ MORLE'f~ JOHNSON NOES: COMMISSIONERS; FARANO AgS~N7: COMMiSS10NER5: KING, TOLAR Commisstorter Far~no indicated that his "no" vote was based on the leck of tnfo~mation pertatning to parking for the entire industrial compl~sx. COMMi55i0NEP, KING RETURNED TO THE GOUNClL CHAM;+~R F~? 4:05 P.M. ~ w ~ MINUTES, (:ITY PIANNING COMMiSSI01i, Novembur $, 1976 76-5~k VARIANCE N0. 2AK9 ~ PUBLIC HEARINC. k'iLLIAH 11NU JUUITH BROQKER~ 1441 Red Gum Street~ An~helm~ Ca. 920Q6 (Own~rs); STEVE CURCIE~ 59 71 Ea~t Marsha Circle~ Anahr.im, Ct~. 9~"06 (Agent); requeating WAIVER OF (A) MINIMUM FRONT SETBAC K AND ( D) M f N I~sUM I.ANDSCAP I NG ~ TO CONS1'RUCT AM 1 NOUSTR I AL BU I LD 1 Nf on proper ty dcscribed ~s an Irrc~~ularly-shrped parcel of la~nd conslstl~g of a pproxlmat.ely 0.5 acro Iecatad et the nortl~west corn~r of Mlraloma Avenue end JePferso~ Street, havlnfl approxi- matc frontaqes oF 125 feet on the north stde of Miralom~ Rvenue .~nd 415 feet on the~west slde of Jefferson Street. Froperty prosently classlFled RS-A-43.000 (RESIDENTIAL/ AARICULTURAL.) ZQNF.. (wtth e resolutlon oF tntent to ML). No one lndicated thetr presence in oppnsltion to tho subJect petTtlo~. AltPiough tho StaPf Report to khe Pl~nntng Commission da~ed November 8, 1976, wo~ not rcad ae the public hearir.g, sa(d StrFf Rnport Is r~eferrad to end made a pert of the minutos. Mr, Stcve Curcte~ the agent f~r the petltioner~ appeared before the Planning Commissl~n and stated he was purcha3ing the subJect praperty ar+d the triang uler shapa would make it dlfflcult to use; that~ 1~ t~ie 50-fool setbeck requtr~ment were provtded~ thc property w~uld be cut almost in half and no building wir.h pi•actica) use eauld be constructnd on It and~ th~refo~e~ they were pr~posinq a 25-foot setback, ad)acent to Jafferson Str~et; that, since the property to tlie r•~ar was bordered by the ratlroad trac k, tha proposed bullding would not block any view; thai 2h~s flrst property on Mlr~lom+i ot~ the west and an the same stde of the strect had a bulldtng scxbacK of '25 feet a7though tt was an older building and he had not reseArched its exact age; that the requested varlanc ~ from the 10-foot landscaping requtrement was to provide more room for backing up from the parking spaces; and that th~ ~rea In fro~t of the bullding would be fully lands e aped excepx for the walkway r.o the fr~nt entrance. TN[ PUdLIC HEARI~IG WAS CI.OSE.D. In resp~nsc to questiontng by Comnissloner Hcrbst~ Mr. Curcie s tatcd there ware no sld~walics tn the area and he would apply for r~aiver ot sidcwalks on that basls. Commissioner Herbst noted tha~t 5'~eet of iandscop~ng coujd be p rovide~ edJacent to Miraloma Avenue in the evenC that sldewalks wnre required in th ~ future. Thcreupon~ Mr. Curcle sa stipulated. Gommissioncr Barnes inquir~d about th~ future use af the propos Ed lndustrlal butiding and Mr. Curcin stated he was a s:;immtng pool contractor and would b ~ stortng equlpment' In ,bout on~-third of the bullding, and would lease out the rest of it; and !hat depending up~~ hls tenant~ the other u~e +,~ould probsbly be light equlprne~t or something of that natu;e. Chai~~man Jol~nson questtoned the possibillty of outdoor storaga at thts locatlon, and Mr. Curc~e stated he was requesting ta fiave ~s chainlink f~ence scree ~ed w(th rcdwoud s1Ats in the area next ta the trash sto~•egn area and~ if there was a ne~ d fo r outdoor storage~ ~t ~rould be (n sa(d screened area. Comnissloner F~rano rioted thiat the petitloner was on notics that only one hards'itp on the sub.lect pro~erty wauld ba allowed and ihat he should be careful not to create a~y further hardshtp on f.is own; and that, from his observation, the prape ~ty was very Ilmtted with respect to p~rking. Asststant Plrnning Dtrector-Zontng An~fka Santalahti advlsed tF~at any outdoor storage should be far ltems such as lawnmowers and not vehicle~~~ and nothlRg over 6 feet in height. Mr. ~urciF stated he was thinking rt-ore in the ?ine of the storaqe nf steel. Commissioner Farano offered a motion, secanded by Cam~tssioncr Herbst and MOTION CARRIED (Commtssioner TAlar being absent)~ that the Anahaim Clty Ptanning Comnisston does hereby recommend to the City Council of the Ci:y of Anahelm that a neg etive declaratlon fram the ~equirement ta prepare an anvtroninental impact report be approved for the subJect proJect, pursuant to ihe provisions of the Caltfornia Environm~ntal ~ua 11Cy Act. _~ s ~t MINUTES, CITY PI.ANNING COMMISSION, November 8~ 197~ VARIANCE N0. 2869 (Continuod) 76- 56 5 Commlssloner N~rbst offered Resolutinn No. PC76-232 and maved f or Its p+~staga snd aduptlon~ thet the 1lnahelm Clty Planning Cummisalon does hereby grant Petttion for Varlancc No. ?.t~69~ ~n pe+rt~ granting tha requeate<i walver of the min(mum front setback to permit n mtnimum 25-foot b~~ilding ~etback +~dJecent to Jeffarson Street o~ th+t b~sl~ that s hardshlp exists due to the Irrogular shape and sizn of tho subJ ect propnrty And~ furthermore, adJacent p~operty Is developed wlth d similer setba~ck; granting the rmquosted walvdr of the minimum landscaping~ In pert~ o~ thG b asls thet t he pdtttloner stloulated to praviding an addlt(ont~l 5 fact of l~ndscarying ed,jAC:ant to Miraloma Avenun; thst any Autdoor ~torae~e shall be completely x~reened from publlc vle.wv and locsted outslde the required setback areas ~~nd In completa compliance with the Code st~ndards; snd 3ubJect to thc Ir~tnrdepartmenkal Committec recommendetions. (See Resolution Book) On roll call~ the foregoing resolutton wo~ Rassed by the following vot~~ AYES: CAMMISSlONERS: DARNES~ FARANO~ NERBST. KING~ MOIILEY~ JOHNSON NOES: COMMISSIONERS: NONE A85ENT: COMMISSIONERS; TOLAR VARIANCE N0. 2373 - PUBI.IC HEARING. FAMILY HEALTH P ROGRRM~ IN C.~ 2925 ('alo Vcrde~ Long Bct~ch~ Ca. 90815 (Owner); requesting WAIVER ^~ PERMITTED USES TO F.XPAND A ~1EUICAI. CEtiTER on property doscribed as an Irragularly- shaped Rorcel 01' lanu consisting of approximaitcly 1.5 acres located north end cast of the intcrsectlon of LA Palma and Magnolta Avenues, having approximate fronteges oF 147 fcet on the ~orth side of La Palma Avenuc and 1~7 feet on the east stJe of Magnolla Avenuc~ and ~urther d~scribr.d as 2571 West La Palma Aven~~e. PrAperty presentlY cl~gsified ML ~ ~NUU5iK111L, IIMIT[n) 7~-I~ .. NO O^^ inc:icar^.(1 I:~ICif ~•,°~ence in nf~!~pS(f.~(lf1 fn t~'Ie RUh~P.Ct DGi~ i ii'~I~. Althaugh the Staff Report to the Plannlny Commissto~ deted Nov~mmber 8~ 1976~ wa~ not reod at the publ(c hcaring~ sai~ Staff R~port is ref~~red tu and made a part of the mi~~ites. Mr. Ness~ representing the petttioner~ appe~red before the Planning Camilssion and desr,rlbed th~ Family Health Program~ stating that ~he reason they grevi so rapidly was Fecause the plan was a prepatd s;~stem and they grew proportion atcly with thelr enrollmnnt. numbe~ of patfents an~i numioer of doctors needed; that the-r program also included an indemnity insurance plan; and that the proposal would provldc 350o square fent of additlonzl space for growth in the Anaheim area. TFiE PU9L1 C HEAR I NG WAS C1.05ED. the ttme ~o!nmisslone~ ~arano inquir•ed t~hv khr. subJect lt~m was being reheerd o~~wCb~ ,~ ~~~~ u.~~ . s ;;•!,! ~?'y permitted~ ii wbs understood that (t wouid be expanding; and he noted that no add; ~,~nat ~~r~lvcrs ti+crc~ beiny rr:quested, In response, Assistant City Attorney Frank Lowry ad~fsed that a variance cou~d nut us expanded uNon without the beneftt of additional publtc hea~ing~ since *.he original vartanc~ was fo r speciffc b uildl~gs and subJect to preclse plans submitted at that tfine~ etc. Commissioner King not~d that the letCer submitted by Mr. Rpse erans ln bsh~alf af the patltioner~ describing thE proposal~ etc.~ convincP~! hIm that the prAposal was appropriate. 7he Planning Commission entered into disGUSSion with Staff an d the petiti.cner regarding parking spaces existing and proposed~ and made sn observatian ihat tf~e propo~al was to add approximately 35~0 square fcei• of office space but to elimiriate 8 of the existtng 89 parking spdces. Mr, Ness stated that f31 parktr~~ s paces~~ould exist foliowing th~ new construction; that a ne.+ factllty conslsting of app roximately 24,000 square feet was approved to the north of the subJect property and the subJect propoSal for an additlon would tide them over until the new facllities were completed; and that one doctor wa~s ~t.affed per 1000 enr~llees and they had 400G new e~~rollees this fali. Comnissioner Faran~ di,cussed the possibility of limiting the number of enralle~es sin~e there appeared to be a~i unlimited capsctty for the program~ especial~y if .*.here wbs a high-powered sales program. N~r. Ness stateci that Zhey could ~ot over-enroll or they wo~~ld get a bad reputation; that the business was seasdnal and flu c zuated; and that thuy ~ ~..~ ~ M1NU~ES, CITY PLANNINC COMMISS~ON~ November 8~ 1976 76-5GG VARIANCE NU. 7.873 (Contlnued) scheduled thelr speGielists an certaln de,Y end~ In thet respect, had same control ~f the usage of tho faclllties. In ~esponee to questioniny by Cammissfoner lierhet~ Mr. N~ns steted that when Lha nev~ faci l l tles to the north were carnpletod thay wcwld probably maint~in the subJer,t fa~°~~ i(tles fnr ewhi le for a portton of thet r servlces. Cc,~simis~ta~er Nerbat then notad thet ti~e ~:+bJect propos~l would be o good test wtth respece te perkinp requlreme~ts nnd couid br_ checked by StaPf periodically. C~rrmissloner King offcred a motlon. Snr.nn~in~l ~,y C:;,~nmtss{onUr M~~ley and MOTION CARRIED (Commissl~oner 1'olar being absent). that the Anahelm City Plznntng C~^issl~~~ ~ac~ !:cr~hy recommend to th~ Clty Council af the City of Anahetm that a nagatlve declaratlon from tho requlrsment to prep~re an env(ronmenta) impact report be appraved for the sub]ect proJect, pursuant to the provlslons of thF C llfornla Envtronmentel Qualtty Act. Commissioner King oPfered Resol~~rior No, PC76-233 and moved for lts passt+g~e end adoption~ that thc Anr~helm City Plannin~: ~omm, slan does heroby grant Petltion for Varla~nce No. 2873 ta permit th~a expansion of a n~<•~Il~ol and dentel offlce on "~e hASis that thc use ~rasently exlsts ar,d has not been detrlme~~tal tc~ the erea; ~nd subJc .. to the Intc;departmental Cammlttee rec~mmendations. ( ~ec Rr.solution dook) On rol l cal l~ the f~regoing ~•~~~snlut Ton wes passed by khe follow(ng vote: AYES; COMMISSIONERS: BARN~S~ FARANU~ HERBST. KING~ MORLEY; ~'~Hn"ON i;"'•5: i.dHHtS~ i~!N~ PS : NuNE ",~SLN7~ C4h{i•i!SSlONtn~: Tot_"..^, REF'ORTS AND - I TEM A RECOMMENDATIONS ~'FIONAL USE PERNIT N0. ~585 - Requast for extension of time - Property consisting of approxlmatnly 5•75 ecres located on the ~orth side of La Palma Avenue~ approximateiy 2a0 feet west of the cente~i tne of Imperie) Hlghway. It was noted that Co~~litional Use Permit Na. 15a5~ to establish a lumberyard~ was approved by the Flanning Cammission on December 8, 1975, subJect to completton of conditions within a pertod of one year; that the cnndition requiring the posting of a bond for the Inste~lat~on of street ltghting faciltties r~long La Palma Avenue had been ca~iplied with; khat the applica~t~ Anthon~~ D'Arcy af Co~dweil Danker~ agant For the Sutherland Bullding Mater(al~ ~A~+ ~•ubmitted a written req~iest for a one-year extension of time in arder to curn~iete the condition!s of approval; and that no prevlous extensions of tlme had been requested. Commissioner Morley offersd a motion, seconded by Commisslonar Farana and MOTION CARRIED (Canmtssioner Tolar being absentj , that the AneFielm Cixy Planning Commiss(on does hereby grant a one-year ~xtension of time fot tf~e completion of conditlons in connectian with Condttional Use Permit No, 1585, said time extension to expire December 8~ 1977~ as requested by ;ie appltcant. iTEM B ~+t~ANCE N0. 237~ - Request for terminatio~ - Property conslsting of approxtmately 0.3 acre located ory the west stde of Eucltd Streee. It was noted that Varianc~ No. 23 70~ to convert an axtsttng residence to a commerc{al use with weivers o'F requir~d parking, required masonry ws11~ and maximum sign area~ was approved on the sub)ect property; that~ subsequently. Var~:+nce No. 2735~ to construct an office bulldiny with waivers of minlmum number of oark?;,g space.~. maximum butiding height~ and minlmum building setback, was apNroved; and~ therefore, the epplicant {R. D. Lutz, Prealdent of Group Realty Service s, Inc.) was requesting termination of Varlanca No. 2370. Cammissioner Herbst offered a motion, seconded by Cammissloner Fara~no and MOTION CARRIED (Conmiastoner Tolar betng absent) , that the Anahetm Ctty Planning Commission does hereby recom~~nd to the Ci~y CounGtl of the City of Anaheim that Vartance No. 2370 be terminated~ as re.yues ted by ti~e app 1 t cant . ~ ~ ~ M 1 NUTCS ~ C 17Y PI.ANN I NG CO`1M ( SS I ON ~ November 8~ 1976 76~5~~ ITEM C ~NCE N0. 2750 - Requ~st for extanslon oF time - Proporty con~lsttnc~ of appraxlmet~:ly 1.65 t~cres locatod northwnsterly uf the inter~octlon of Llncoln hvenue and Draokhurst Str~ect~ and developed with a car wash (2219 'West Llncoi~ Avenue~. It was noted that Varlence No, 275~~ to wAlve the maximun numbe~ af signa ond minimum d! ~;~;icr ::~:rween s tgns to asvert lee auta pol (shing in connectlan w) th n c.er wash~ was gren~ed on November 10~ 1975. for a period of one year~ subJect to revlew nnd Gonstderation for an extenslon of tima~ ctc.; th~t the walvers ware granced on the besfs of flnanciel hardshtp and the pr•oposed tndefl~itn extension of time is req uASted for the sar~re r~~sons. Dis uasslon pursu~d rRgrrding Cha p~•opasal~ during which the Plsnning Commissla~r generally agreed that tl~e signtng was not attractivP~ and that the yartenr.e should terminatc at the end of one more yc~r~ with no addtti~nal time extensfons pusslbie. Commissloner Ktng offerad a motion~ seconded by Commtssi~ner Herbst and MOTION CARRIE D (Commisston~r Tolar being absnnt) ~ that the Anaheim Ctty Planniny Cc~milssion do.±s her~by grant a one-year extension of ttme f~r Varian~e No, 2750, sald time extnnslon to expt~e un November 1Q~ 19J7. at which tt^~e Varlance No. 2~50 shall be terminacnd, COMMISSIANER HERBST I.EFT Tf1E COUNC~L CHAMBER AT 4:40 P.M. ITEM D .., AN~°~ w~~ 2805 - Request for app~oval of revised stte r:::nz - prnrPrr.v ~,.~~~~trir-g of approximately 0.4 acres located at the northwest corner of Katella Avenuo and Haster S treet. It was noted that Vartance No. 2$O5. to establish a convr.nience merket wtth waiver of pr.rmitted uses in the C-R Zone, was granted subJect to conditlons, including modific~tlons to driveways and ~evlsed plans thereon; and that the appltcant (Arthur Adams of Bixby land Company) had submltted revised site plans tncorporattng the modificatian3 ~or approval, sald p1Ans having been already npNroved b~ chc Trafr"ic Engtnee~~ as requl~ed. Commissioner Ktng offered a motto~~ seconded by Commission~r Morley and MOTION CARRIE D (Commtssioners Herbst and Tolar being absent)~ that the Anaheim Ctty Planntng Comnlsston does hereby approve the revised site plan as satisfying Cnndition No. 9 of Varianc~ No. ZSOS, as requested by the applicant. ITEM E '~NO. 3463 ~REVISION NQ. 1) - Request for approval oP revlsed wall plans - Property ~onsis ting of approximately 16.6 acres located on thr, south side of Canyon Rim Road~ a~~proximately one mile northeast of Noh) Ranch Road. It was noted that the subJect tract was approved, sub~ect to a condttlon (No. 10) requtrtng a 6-foot hlgh, decorative~ openwork wall along the tup of the slope adJace nt to Canyon Rim Ro•d qn certatn lots' with the exception that the hetght may be reduced to 42 inches in the front portions of the lots, plans for said a~al'i to be suhJect to approval of the Planniny Cammission or Clty Council prior to appi•oval of the final tract map; and that thc plans fo~ the wall had been submitted fo~ Planning Comnission approval. The Planning Convnission reviewed the suh~nir.tPd plans and indicated that the proposed ornamentai slumpstone wall met the re~ulrements of Condit~on No. 10 far the subJect tract; that the wall was not necessarily being approved ns a sound barrier to meet th~ required dbA sound lcvel; and that the required scund level wlthin ihe homes would also have to be met. Commissioner K?ng offered a motion, seconded by Comnissioner Morley and MOTIOh CARRIED (Commissfoners Nerbst and Solar botng absent)~ khat the Anahe(m C(ty Planning Commisslan doas hereby approve the wall pla~s submitted for Tract No. 8453 (Revision No. 1) as satisfyinq ConditYon Na. 10 of the conditions af approval of satd tract. ' T 1. ~-^^T .~~~ ~ ~ ~ M I~ ~UTES ~ C I TY ~'LANN I NG CUMM ( SS I ON ~ Novembar 8~ 1976 7~-'.~G3 ITEM F R QU~ FOR F.IR NEGATIVE OECLARATION - For a parcel map (No. 598) at 333 North Euclld Straek, It ar~s not~.; i~~t an appifcetian had been flled for a parcel me p to divide an approximately ::'-acre parcel Into ttiree percels~ es an Induatrtal st~eet oxtenslon of P~nhall Way~ at ~:~~ sub)ect location; tliat a~ evaluatlon of Che envlronmental ImpacC ~f parcel meps was requtred und<sr the provtsions of th Callforn~a Environmental Qu~llty Act and the State EIR Guldeltnas; and that +~ study af the proposed mAp by thc Planning Department and tiie Engtnwertnc~ Otvision indlcate~d i:~et thare woul~ be no signtflcant envi ronm~antal tmpact. Cammissfoner Farano offared a mott~n~ seconded by Commissloner King and M0710N CARRIED (Commissionars Ner6,t and Tular being ~bsonl•)~ thAt the Anaheim Clty Planning Commtssion does i~~reby recommand to the ~Clty Council of the City of Anahestm that e negative derlaretlon from the rsquirement to preparr an env~ronmental im pact reporr bc approved for the subJect pro.ject~ pursuant to the provistons of the Caltfornia Envtronmentai Quality Act. RCCESS - At ~~:45 p.m., Chatrman Johnson rer.es~ •~' the meetiny to 7:30 ~.m R[GONVEtlE - At 7: 3n p. m. , Cha i rman Johnsvn recom ~~ed the mee't ng wi th Comm(s~toner Toitrr being absFnt. ~+ ~. ~ ~ ~ MINUTES~ CITY PLAN~'ING COMMISSION~ NovcmbAr 8, 1976 76-569 RECI.ASSIFICA'fION - REl1GVCRTISED PUBLIC IIEAltllrf,, ANAHCIM PLIIZA LIMIT~D~ 505 North Euc) id N0. fi8-6~-100 Street~ Anahefm~ Ca. 9'1801 (Owner); r~:q~e~ttng pe~mission to GEI.ETE A - REQUIRED 9LOCK WALL on prop~+rty descrlbed ea a rectangularly-shaped p~orcel uf land conststtng of approximately G.7 acr•~s heving a frontage of approx(makaly 3~'i feet nn tha east sidc of F'alrhaven Street, !iaving a mas;lmum depth of approxlmatoly lOG feet, and being located approxima~ely 9~ feet north of the center- lin~ oP Westmont Drlve. Property presently classiflcd CO (CQMHERCIAL~ OFFICE ANQ PROF~SSIONAL.) ZONE. Approximatol~ 11 persons ind(c~ted thelr presence in ~ppt,sitlon to the subJect pe~.itlon. Assistant Plariner Joel Fick r~ad thn Staff Report ko the Planning Camilssion datad November 8~ 197b, and ,aid StafF Report Is referred to and made a part of the rninutea. Mr. Ron Sheets~ Maintenrnc~ Supervisor for the Anahelm Plaza 8uilding and agent for the petitloner~ appeareci before the Plann(ng Ccmmission and stated ha ~nanagcd the bulldtng a~~ property in quas:lon; that they fe~t that an opentng in thes ~aqutred b~foot h.igh mason~y wall along Falrhaven Street was necessary in order to ka~p down thG vacancies in the building ; that turning off EuClid Street to get into the park(ng ',at was a hazard; thet although parking was provided for 2~~9 cars~ it was nox sufficient and ~hey needed to have the on-street parktng on Fairhoven Street; th~t there would bn no on-street parking on weekends; that the wall was self-sustained and people cauld get around it anyway on both rnds; and that~ mast of all~ they would feel a loss of revcm~G in the~r operatlons tf the on-stre~t parking was not al,owed during tha daylight hour! or 8:00 a.m. to 5:00 p.m. Mr. Peter Nozero, 5~7 North Feirliaven Street, Anahe(m, appeared before thP Planning Commission ln oppositinn and stated that the existing opentng (n the required wall was arbitrarlly cut about seven months ago; that, present2y, he could hardly get fn And o~~t oF hls drtveway with al) oF thp cars narked on xhe street; that he had ask.:d the petltloners to close up lhe wall severai months aga and had reviewed the files, tryin~ to get the opening closed and (t ha~d been seven months of frustration; ttiat the Planning Qepartment had found a code permi:tiny 3~~ 1es. parking for liighrise and adopted it; that the only time any gardenirig was done on khe subJect property was when the nclghbors complalned to the Zoning Enforcement Offtcer; thaC since the City had cooperated with the builder, thC buildings should ltve with the parking provided~ and the netghbors sho~l~j not have to p~~" up wlth the inconvenience; that~ if addttlanal park(ng was needed, h~ would suggest multl- story parking and the City should have seen ko it that m~re parking spac:es were providcd in the beginning; that there were four different k3nds of fence matetials use~ at different hetghts tn the wAll~ etc.~ and tt looked terrible; th~t the petitfoner had indicated in the petttion that he had tried to buy some addt:ional land for porking space but he did n~t know to whom the petitianer spoke; that he wouid urge the Planning Commission to deny the subJect request f~or access to Fai~haven Street wtth some reasona5le time established for gardeni~g to be done since he was ttred of looktng at the weeds~ etc.~ as wall es t~e hole in the wall, Mr. R. C. Evar,s, ~~ner of property at 507 Fairhaven Street~ Anaheim, appeared be'Fo~e the Planniny Commission i~ opposltton and stated he was Interested in a fafr hear!ng on the proposal and~ in his opinion~ apprnvai would be unfatr to the tenants of the buildin,q as well as the procerty owners in th8 area; that access was provtded to the praperty from Euclid Street at Westmont Drive and at Crescent Avenue~ and he described the safety of the access w(th traffic :.ignals at botl~ intersections; that he would like to point out that directly across Euclid Street from the subJect property was a mintmum of S50 unoccupled parking spares; and tl~at he was puzzled why any man nr woman~ dressed up, ~vould ~o over a fence and ruin their tlothing sincE it was only a few feet around ~he wal' and around to Westmont, Mr. Frank Pullmar~ 513 Falrhaven Street~ Anaheim~ appeared before the Planning Comnission and noted that there was no excu,e for not having a good-looking lawn at the su~Ject location since he had observed that Keystone Savings and Loan had the same problems but had a n(c~ landscapeJ yarci~ etc. In rebuttal~ Mr. 5heets presented photographs of the existtng block wall and opentng, stattng that the wal) was good-looking ar.d the opening was for the use of their tena~ts and matntp~ance people; that the wall was free~standing and a person cou?~i go around it; -._J ~ ~ MII~UTES~ CITY PLANNING COMMISSION~ No~~embar 8~ 197G 7G-51~ RE~LASSIFICATION N0. 60~G9~100 (Conttnu~d) and that he was suthorizad to tay that, lf thc we~l wss abJec4fonable~ e gAte would bo tnstallea in ehe opentng and kept locked cluri~i~ off-business haurs and on weekends. 1'HE PUBLIC HEARING WAS CLOSED. Cormnissloner Morlcy noted that he f~lt the pttitloner was mtssing the polnc~ since the propcrty awners did nat fecl thaC the use oP tho property was coropatlhle with the neigl~bonc~~~d ~nd thc o~cring tn the wall shnuld n~ver have been made; and that, apparently~ more parktng shauld havQ bean provided when the property was dsveloped inltf~lly. ComntsSlonsr Herbst recalled that, at the orlyinal public hearing for the usc of the property~ there wers vcry adamant people in oppoaltlon~ however~ the ground rules werP set w(th Falrhaven to be left as A restdential strcet; that the wall should br. cl~sed immediately and the 3 feet of lAndscaping malntalned; chat~ in his apinian~ tl~e comnercial use; of the subJecC praperty should not be imposeJ on the restdentia) nelghborhood and tha~t it was up to the City to see that tlie original conditions of epproval were complied with; that, if he had known the petitloner would not livc up ta Che condltlons of approval~ he would never have voted in favor o!` the complex orlgtnally; that the tntegrlty of the resid~ntl~l area must be protectecl from the commer•c(al InCrusion and the petltloner sh~uld make all haste in puttiny the wall 6ack tn canformance to the canditlons of approval~ as well as the landscaping. Commission~r King inqulred if the petitloner had contacted the Broadway Shopping Center across the street to use some of their parktng~ and Mr. Sheets tndtcated that he did not believe so~ but that It rt~ignt be a good solutlon to the Nroblem. Chairma7 .lohnson noted that the landscaping was an tntegral part of the approva) of kiie complex and he fclt that the Pxisting conclitton of the landscaped area was an aff~ont on the petittoner's part; that he would ltke to extract scme kind of promtse frrx~ the petitioner to maintain the landscaping; that he was so disturbed by the actions of the petitloner wlth respect to the wall and landscapinq that~ in his opi~ion~ Che petitioner should be requlred to mov~ the wall back 25 feet from F'airhaven Street and instatl 25 feet of landscaping as a barrler adJacent to sald residential street; and that the petftloner had complately ignored the Intent of the resolution approvtng the complex. Commissioner Farano noted that it appeared the actions of the petitic~ner were a blatant Ignortng of tf~e stipulations and representattons made at the origtnal public hearing apprnving tha complex; and that if the wall was not closed imnediately~ his first reaction would be to haye the Zoning Enforcement Officer ~Ite the property avner. Comnissioner Herbst agreed that a penalty should be imposed if the present conditions persisted. Comnisstoner Ba~r.es noted that an additi~nal praylem mlght be created if the opening in the wall was not closed in an architecturally-tasteful manne~ and she was suggesting that some landscaping be planted in front of it, also. In response~ Mr. Sheets stated tliat the persons respors(hle for the rroperty were trot present but he was sure that they would go alor~ with whatever decision was made by the City~ however~ ha would like to request a reas mable time in which to clnse the opening, i.e., 30 days. It was noted that the Director of the P{anning Department had determined that the proposed bcttvity fell wtthin the defini4ion of Sectton 3.01, Ciass 3~ of the City of Aneheim Guidelines to khe Requireme~iLs for an Environmental Impact Repart and was, therefore~ categoricaliy exempt from the requirement to prepare an EIR. Commiss!oner Harbst offered Resolution No. PC76-234 and moved fo~ its passage and adoption, that the Anaheim City Planning Corvni~sion due~ hereby reconmend to the City Council of the Clty of Anaheim that the request for deletion of the condition pertalning to a 6-foat masonry wali ad)acent to Fairhaven Street~ in connectton with Reclasstflcation No. 68-69~i00~ be disapproved on the basis of the foregoing f~ndings; a~d that the Planning Conr.~;ssion does hereby recommend that the existing pedestrtan opentng in the required 6-foot h(gh masonry wal) be closed by Oecember 2~3, 1976, or that the 2oning Enforcement Officar be directed to cite Che petttioner for violt~tton of the raclassiftcation; that the closure of tha wall be archttecturally tasteful; tt;at the ~ ~ MINUTLS~ GITY PIANNING COMMISSION, Novembar $~ 197G RECLIISSIFICATION N0. 68-6g-100 (Cantlnucd) ~ ~ 76~,71 petltloiiAr be Instructad to comply with all of tlie conditlona of the ortylnal aporovai of tho reclasslficatton o~ the property~ inclucitng the provision for 3 feet of lanciecaping edJec~nnt to the 6-fnot high wall~ es shown on tho approved plans~ and with sstd Iendsceping tu be permane~tly malntalnecf In e neot and ordefly manner~ as specifted by the slte development standards of the CO 7.one. (See Rasolutton tlook) On roll call, [he foregoing rasolution wes pa~sed by the following votc: AYES; COMMIS~IONERS: BARN~S~ F11RAN0~ NEIidST, KINt,, MORIEY~ JONNSON NOES: COMMISSIQNERS: NO~iE A65EM7: COMMISSIONERS: Tt)LAR RECLASSIf'ICA710P1 - PU(3LIC NE:ARING. WINST04 J, AND VELM;~ J. GEOGF.R, 3145 Locust Avenue~ No. 76-77-22 Long Beach~ Cs. 90807 (Owners). Property d.,_cribed as a rectan4ularly^ shaped parce! of land conslsting of approximat~ly 0.8 acrr, havtny e VARIANCE N0. 2(367 frontage of epproximately Ilg feet on the north slde uf Savannd Stre~t, having a mar(mum depth of approximately 299 feet, being located nppr~xl- mately 190 fect west of the centerlin~ of Knott Street~ and f~rther dascrlbed as 1515 Savanna Street. Property presently class(fled RS-A-43~000 (RESIDENI'IAL/ AGRICULTURAL) ZONF. REO.UESTED CLASSIFIC,ATION: RM-1200 (RES;UENTIAL~ MULTIPLE-FAMILY) 7,UNE. REQUESTED VARIANCE: WAIVER OF {A) MAXI~tUM BUILDiNG HEiGHT ANO (D) MINIMUM pISTANCE BETWEEN BUILDIN~~~~ 'f0 CONS7RUCT A 20-l1NIT APARTMEN'' COMPLEX. Two persons indicated their prPSence in oppasiti~n and forthwith walved the full reading of the Staff Report to the Planning Commission dated November 8~ 1~76. Although sald Staff Report was not read at the public hearing, it ts refer~~d to and made t~ part of th~ minutes. Mr. W. J. fciger~ one of the petitioner~~ mppeared b~fore the Plannir~g Commtssian and stated that the two old hcxnes on the property~ in hIs op(nion~ had been unsafe and hts wife had owned the property for many yenrs; that the proposed apartments ~,rould upgrade the property; that sane of the nefghbors had tnciicated the ~roposal would be an improvement tp the property; and that ther~ were apartments on both the east and west sides of the property. Mrs. Joan Todd~ 36?.0 West Savanna Street, Anahelm~ ap~eared before the Planning Comnission and (.~d(cst~J that she represented the area resldents and property owners in oppasition. She stated th~~t while they agreed that apartments were all tnat could be developed an the subJect ,~roperty~ the apartmenCs next to it on Knott had gone unprotected; that the 15 tenants of the apartments on the corner put out their indtvldual trash cans~ plastic be~s, etc.~ on Crash day~ and the dogs got into them~ and the neighborhood dtd not want to see more of that type sit~iation develaped; that the 2;-foot turning radius for the trash vehicles should be provided; that v!sitors' parking should be require~ on the site~ as was required in the recent simllar proposal on Savanna Street~ in answer :o the pr~blcros r~1th on-street parking; that she was not sure what the proposed drainage plan was~ howeve~~ she felt scxne solution other than dratning into the street should be investigated; that~ regarding density~ they felt that 20 units were too much fo~' the subject site; that (n the previous proposal on Savanna Street, the Tra¢fic Engineer had indicated that the present trafflc was up to 600 trips per day~ the recenC proposal addtng about 200 trtps per daY. with the stroet being eble to handle 2000 trips per day at capacity; that the subJect proposal atoutd add at least another 7.00 trtps per day ancl Ch~ site rep~esented ab~ut one- tenth of the ~.~ndeveloped property in the area~ and by the time that the 2000 trlps per day werereached. tlie area would be only one-half developed; that~ in her opinion~ the only way t~ cut down on the traffic was to reduce the densities being allowed; and that the street could not be altered in the future to handie more than tts present capacity. In rebuttal~ Mr. Geiger stated th~t trash areas~ in conformance to City stardards~ werc proposed and thc trash would not be put out vn the st~eet unless it was permitted; that he felt the drainage problems wouid bP taken care of by the Engineering Division; and that the pr•oposed apartment density was in line with the existing ap~rtments on Knott Strest. THE PUBLIC HEARING WaS CLOSED. ~ w ~ MINUTCS~ C~TY PLANNING GOMMISSION, November 8~ 19~6 RECl.AS51 F 1 CIiTION M0. 76~7-22 AND VIIRIANCE N0. 286 % (Cone I nue~) 7b-572 In rnspc~nse to quostloning by Commissloner Herbst~ Mr. Galger st~ted Chere werc plans for Immedlate constructlon of the proposoci p~ ~act. Commisslonar Harbst the~ ~~oted Yh~t he wos propa~red to suggest that the proFascd development be wiChheld untl) thc dralnagc problems on Savanna Stre~t were resolvsd, Pspeclelly In ~view of the fect thac the subJect property would draln enlirely ta the street anJ sai~ dralnage would bc considorable, that the City was presently negoti~tin~ far the dralnage solutlon at tha west end of the stre~t; that the proposed proJect had mertt but should be developed to carrespand wlth the negotlations ln progress for tha right-o1'-way Por the drainage; th8t the 6-foot accessway through the prufe+ct was not acceptable and R feet would be requtred~ necessitating revfsed plans~ stnr.e h~e did nox feel that a hArdship existed ln connection with the devalapment (n that respect; and that thG only vartanc.e whtch he felt c~uld be )ustiftod would be for the two-story butld~ng hetght, In respon5e to qucsttoning by Chatrman Johnson~ Office Engtnecr Jay Tltus advised that the trsffic trfps per day had been calculated in the post using 8.5 trtps per day per unit but they werc presently using 6~0 6.5 trl~,~ per d~y per unlt~ which mlght slightly modify the previ~usly stateJ calculation. Tr~affic Engineer !'aul S(nger advt~ed th~t tf ~ tr~ffic study was requfred~ it should be the responslbtllty of the develaper of the subJect prop~rty~ and that presently a trafftc flow st~~dY of Savanna Street w~s nor, avallable. Ir~ response to questtoninq by Commissloner Farano~ Mr. Gsiger st~ted that b hammerhead drive was propased to handle the erash collection vehlclen. Assistant Planner Joel Fick advised that the mtnimum turning radfus wr~s 27 feet for emergency vehicles a~d 38 feet for sanixatlon vehlcles. Thereupon~ Commtssioner Farano noked that the petltloner shc,uld also louk at the access being discussed, ~•hen revising the plans, Chairman J~hnson revie.wed the existing number of apartments in the area, and C~xnissioner Herbst noted th+at~ in view af the problems tliat appeared to be coming to light rather for~afully with the properties on Savanna Sireet coming In one-by-one for development wlth apartrt~ents~ he w~s becoming concerned about the circulstion element; that the cap~ctty of Savanna Street would remalr~ and it eppeared that RM-1200 zoning was far to~ h~avy for the area, anci about 8 units per acre might be studied. (n ~esponse~ Planning DirecCor Ronald ThomNSOn advtsed L'hat~ in terms of density a~d clrculation~ the Planning Commission was requ~sst~ng a General Pian amendment ~n~1 an area development ptan. In resp~~~se to que~tloning by Commissioner Barnes, Civil Engineering Assistant Jack Judd advised that~ assuminc~ the City had no difficulttes with the necessary right-of-way~ the Master D~ainac~e Plan for the area should be farthcoming by the end of this year. Cortm(ssioner Farano noted that he did not feel ix would be in the best interest of the City to act on the subJect proposal untll the drainage problems wer~ resolved. Thereupon~ Commissioner Nerbst noted that since the petitloners had owned the property stnce 1947~ a little m,ore time should not affect them that much. Mr. Geiger stipulated to a two-month contlnuance~ to the Planning Cornm(ssion meeting of January 17, 1976~ for the submission of revised plans and al;o for the area development plan and General Plan amendment sludies, Mr. Thompson advised that the firsi General Plan amendment in 1977 was scheduled for March. Commissto~er Nerbst further noted that the subJect petitioners should r:alize that they would have a problem if tne area was over-p~pulated with apartments and that it might be that renters for the proJect would be hard ta cort~ by. Thereupon, Mr. Geiger stated he would work w3th the ~ity on the matte~s in questian. Commissioncr Farano uffered a motion~ secor.ded by Cortmissloner King and MO710N CARRIEU ;Comnis~toner Tolar being absent)~ that the Anahedm City Planning Cortmission does her~eby reoF.~i the publtc hearing and canttnue consideration of Petitions for Reclassification No. 70-77~22 and Variance No. 2367 to the Planning Commission meeting of January 17. 1976, far the reasons outltned c ove. ~ ~ MINUTkS~ CITY PLANNING COMMISSION, r~ovember t3, 1976 ~I(~'~j RECLASSIFICATION - PUBIIC NEAfiING. ELBE~T E. ANU RHEA D. I.ANDES~ JR.~ 421 Mlest OrAngewood N0, 76-77"~4 llv~nue~ Anaheim~ Ca, 97.802 (Owners); J. C. GIIINULIAS~ Nester Oovelopment ^ Company, P. 0. Box 2990~ Newport Beach, Cs. 92060 (Agent); reyuesting that property desc~tbed ~s a;~ectHngularly-shaped percel of land consist- Ing of approximately ~.9 acre located northeast of the tntQrsectlon of Orflngewood Avenua and tiArbor doulevard~ approxtmatoly 505 f~~et north of the centorllne of Oranghwood Avenue and 6fiQ feet east of the cr,nterltne af HArbor Boulevard~ and furthcr describcd as 421 WesC Orangewcwd Avenue~ be rer.lessifted from the RS-A-~+3,OOn (RESIQENTIAL/AGRICUITURAL) ZONE to the RM-120Q (R~S~DENTIAI.~ MULTIPIE-FANILY) 'IONE. No one (ndicate:ci their presence tn appositlon to subJect petttlon. Although the StAff Report to the Pianniny Commtssion dated Nov~mber 8~ 1976~ was not read at thc publlc hearing~ sald Staff Rep~rt (s referred to and madc a part ~f th~ min~tes. Mr, Richard McMillen~ represent~ng the agent fnr the petitlaner~ appeared befure the Planning Commiss(on to answer qu^stlons regarding the prapusai. THk PUBLIC HEARING WAS CLOSED. Commfssfoner Nerbst offerad a motlon~ seconded by Commissioner King and MOTiON CARRIED (Com~nissioner TolAr bcing absent)~ that the Anaheim City Plann~ng Commiasion docs hereby recommend to the City founcil of the City ~f An~hetm that a negative. declaratlon from the requirement to prepare an environmental impact report be ~pproved for the subJe~t proJect~ pursuant to the provisions of the California Env(ronmental Quality Act. Commissioner• hierbst offered Resolutton Mo. PC76-2~5 and moved for its passage and adoption, that thr. Anaheim City Piannin~a Ccr,~~~nisslon does hereby recortxnend to the City Councli of the City af Anahei~ th~t Petieiors for Reciassificatlon No. 76-77-24 be approved on the basis that~ although the Anaheim General Plan currently designed the subJecr. property for commercial-recreatton uses~ General Plan Amendment No. 141~ pend(ng on the property~ was recommended for appr•oval ~n Novernber 1, 1976, by the Planning Commission~ designating the prnperty for medium-density residentiai land u~e; subJect to the Interdepartmental Comnittee rcr,c~r~rnendat(ons. (See Resalution Book) On roll call~ the foregoing resolution was passed by the following vote: AYES; COMMISSIONERS: BARNES~ FARANO~ HERBST, KING, MORLEY~ JOHNSON NQES; COMMISSIONF.RS: NONE ABSEN7: COMMISSlONERS: TOLAR VARIANCE N0. 2874 - PUBLIC HEARING. BERNARDO M. Ak4~ MARGARET L. YORBA~ 12S South Claudina Street~ Anaheim, Ca. 9280~ (Owners); RON ALLEN~ 5556 East Santa Ana Canyai~ Road~ Anatieim~ Ca, 9'2807, HIRAM A. DE FRIES, 26486 Veracruz Lane, Misslo~ Vte,Jo~ Ca, 9267;~ and THOMAS L, WOODRUFF~ 1055 North Main Street, Suite 1020~ Santa Ana, Ca. 92701 (Agents); requesting WAIVER OF (A) MAXIMUM B~ILDING HEIGMT, (B) I'ERMITTED USES, (C) MINIMUM BUIL0ING SETBACK FROM AN EXFRESSWAY, (D) MINIMUM BUILDING SETBACK FROM AN ARTERIAL HIGHWAY~ (E) M~NIMUM I.ANDSCAPED SETBACK FROM AN ARTERIAL HIGHWAY~ (F) MiNIMUM LANDSCAPED SETBACK FRdM A RESfDENTIAI. ZONE~ AND (G) PR~NIBI7ED SIGNING, TO CONSTRUC7 SELF-SERVICE GASOLINE PUMPS ~ND AN OFFICE BUILD;NG on property described as an irregularly-shaped parcel of land conslsting of approximately 0.8 acre located at the southeast corner of Santa Ana Canyon Road a~d Imperial Htghway~ having approximata front^ ages of 90 feet on the south side of 5anta Ana Ganyon Road and 5a0 feet on the east stde of Imperial Nlghway. Property presentty classified RS-R-43•~00(SC) (RESIOENTIAL/AGRICULTURA,L~ SCENIC CORRIQOR OVERLAY) ZONE (wtth a resolution of intent to CL(SC)). Approximately 35 persons indicated their presence in oppositfon to the subJect petition. Assistant Planner Joel Fick read the Staff Report to the Plan~ing Commission dated November 8, 1976~ and satd Staff Report is referred to as if set forth in fu'1 !n the minutes. Mr. Th~mas L. Woodruff, the agent for the petiCioner~ appeared before the Planntng Commission and reviewed the unusual shap~ ~nd size oF the subJect property, stating thet it v~as l~cated adJ~cent to tennts courts and a school but was several hundr~d yards away ~ o MI NUTES ~ C I TY PLANN I NG CUMMI5S I ON ~ Novemb-:r 8~ 1976 ~~'' ~7~+ VARIANCE N0, 2Fi7A (Contlnued) ~r~m thn residentlal zonc; that thc zoning fur the school property should probably be corrected to en Instltutlona) type zone rether than agricultural/resldentlal; that the lady sltttng next to him at this meoting had Indlcated to him that the proposal wa~s needod; that the proposal wns to exclusively dispense gasoline to the residentlel aroa; that the propcrty w~uld not be viewed from Che freeway and would nat be a m~)c-r repslr shup; that~ regarding the setback: elong Santa A~a Canyon Roed~ the propased ~~}flce bullding ~~uuld be on an tdentical plane with the 0ank of America 9u(ldlr.g in the area; that~ regardtng the buildtng he~.qht waiver~ thc proposal to butld on the proF~erty llne would permit a"~" foat high butlding, howevcr, tf thc ad)acent property wer~a not zonad residenilal, there would nut ba a height restriction and that varlance would not ba necassary; Lhat he subm(tted thtat the Planning Conmisslon had not in many ye:arg consldered a proposal for ~ service station tl~at was not on a corner; however~ thP prolaosal was not a typlcal service statlon with s(gning anc: tnterplay at the mdJor tntersectton And, alChough the property was located c~ a maJor roaciway, it would not dlsrupt the Canycm aree trafflc; th~t~ i f the 1 i teral requl rements of tfie Code were crxnpl ied wi tl~~ they wou'Id heve only about 1"`k of the tntal site to build on; thot the proposed landscaptng along Imperlal Highway was refl~cted on the rcvisecl plan and was well over the minimum re:qulrementa; that the southerly drlvewAy had bePn dele~ed from tlie plans~ leavtng one drlve+Nay at the soutlierly end of the parcel; that they were proposing one stgn whfch would include the Shell logo and the State-requ(red price slgns~ and thers would be no rool' signs or signs in the planters; that there wauld be no roof-mounted equipment and no sign llghting~ etc.; that they could probably live with 30-foot wide drtveways an~ any less Mbuld not be In Che best Interest of traffic safety or design in vlew of the severe Gurve Just south of the subJect site~ and the entering trafflc would probably make a slanted approach; that they d1d not wish [o i'iave three or four lanes of traffic trying to u~e one cJriveway~ creating traffic confliGts; and that they were aware af the concerns of the nearby res(denttal area. Ms. Barbare Simundza~ 666~ EASt Paseo Canci~n~ Anaheim, appeared before the Planning Commission in opposit(on and inquired why the 20 feet of landscaptng could not be provided in front of the gas station. Sh~ noted that the location of the dttvewsys was not an adequate reason. Mrs. Pam 8erry~ 6012 la Paz Circle~ Anaheim~ appeared before the Planning Commisslon in apposltion and lha~ked the peCiti~ner for offering the area a gas ,tatton~ stating that the prtce of the gas would probably be too hTgh~ anyway; that she patronized the gas station on Tu•;tin Avenue because of their low prices; that the sei.backs approved for the Ba~k of America Buildtng were a mistake and to approve another pr~~Ject with comparable setbacks would be another mistake; that, contrary t~ what Mr. Wocrdruff had stated~ the subJect property was a corner parcel; that the best cure for tral~fic s~fety (n the area was not to increase it; that the general iocation of the site would probably attract many customer~ with "0" on their gas gaye, especially in the morning hours when people were hurrying to get to wotk and witl~ schoo! children walking tn the area at 7:~7r a.m.; that. in her o-~tnion, the CraFfic would defin(tely increbsE at the ir~ters~ctioi~ and the accidents would also increase with children possibly being killed there~ especlaliy if a traffic signal were not installed; and thal she would hope thr~t the subJect proposal ~vould be a Plann(ng Commisslon test case wlth relationship to traffic as well as the Scenic Corridor Ordinance, t1r5. Mary Dinndo~f~ 131 La Paz~ Anaheim~ President oF the Sa,~ta Ana Canyon lmprovement Assoclation, appeared before tl~e planning Commis;ion in oppr~sit(on ard ..tated that the petittoners should be given an award for courage and optimism, since, in her opinion~ thz proposal was one of the mnst ridiculous propos~ls she had ~,een in the Canyon area; that, after the area residents and property o~.~~ers had fought the plans for tt~e adjacent shvpping center and revised plans were negAtiated and finrjlly constructed~ tha petttloners were very happy and ;horoughly pleased with their shopping center which would otherwise have been an impossible situation; that the petitioners ~~ere aware of the setback requirements and should tiave proposed something very sm~ll and narrow on the subJect site~ because that was all that could legitimately qo ~~i the property; and~ furthermore~ the petltioners knew ttiat a serv(ce station had to be integrated with a shopping cente~. Mrs. Dinndorf then inquired if the proposal met the parking requirements. In response, Assistant Plann(ng Director-Zonin~ Annikra Santalahti advised that the proposed parking was in conformance with Code requlre.ments, which related to flnor area of the office building and number of emiloyees at the service station. ~ ~ MINUTES~ CITY PLANNiNG COMMiISSION~ Navember 8~ 1y76 VARIANCE N0, 2874 (Conttnucd) 76- 57S Ms. Merle Armento~ 4219 Balnbrldge llvenue~ Anaheim~ appear~d bcfora the Planntng Commlsslon In favar of the proposal nn~i cook exceptfon to M~~. Berry"s statements thdt the ge~sollne would te too htgh priced; that sha had to struggle flnancit~lly and felt that Mr. Ue Frles' gasoline~ at 5~.9 cents~ was econ~xnlc~l; that most peopte sl~-ed down ta enter a servl~e statlon rnJ~ therefore~ the trsf lc gennreted by the usc should not be a hazard to the school chi~dren; thot, pr~sently, xhe had to go to the center of Anahetm to get reasonably-prtc~d g~soline; and that she olso shupped regularly at the adJacen~ •~h~~ppl~g center. Chairman Johnson n~tecl that thc prlce of the gasallne was ecademlc~ slnce the Plr~nning Commlgsion c~uld not bind the petttloner ta scll gesollne cheaply, Mrs. Jantcn H~11~ S~5 Tumbleweed Road~ Anahcim~ President oP the Westrtdge Homeawners Associatlon, appeared bef~re the Planning Commtssion In oppoaltion and statcd that when Mr. Allen provlausly discussed the proposed cfevelopment he had promtsed t~ meet with tfie homeowners and to tai:e any constructive critictsm~ offered~ however~ he d(d nat mett with them; that there were thr•ee schools in the ar~a; that there were no "U~turn" provtslons at the Intersectton and the gite was totelly inaccesstble~ as far as most a~cesses were concerned; that the homeowners were opp~sed to a servlce statlon In the subJect area~ ~spectally wtth the kind ~f trrffic Involved; that the proposed access was a confltcxing pattern Por ingress and egress; and that Mr. Allen did not come net~r the hc,~neowners to try to work out alternate solutions for development of the property. In rebutt~l~ Mr. Woodruff ~t~ted Mr. A11en was only (nterested in the office bullding proposed; that the prop~rty owners and ~perators o~ t.he proposed develapmP:nt were fully aware of the fact that t~~^ subJect property was not an accesstble parcel; th~t, in tl~nir apinion~ the propnsal was ~~ compatible use; that~ with respect to the access at the south~r•ly end of the property, realistically, there should nat be any t;afflc conflicts; that an oftic:e building diri not generate hic~h-volume traffic ltke a drugstore~ etc.~ and the service statlo~ woul.t ge~~~.raCe more trafftc than the ~ffice building, how~ver~ the service station customers .:ould be dtspersed over the site; that lt would be a pour ch4(ce to make the property a test case; that. ~lthough he shared ma~y of the pains of the Canyon's developTent~ the prospects of develaping the subJect proper~ty for any use was almost nil; that the City had not offered to purcheso Che property for a park~ f~owever, it would not be a very safe park for children to play; and that~ wixh the setbacks proposed, being co~nparable to the 9ank oi~ America setbacks, they felt tl~e proJect would be very presentable in the Scer~ic Corridor. 1'fiE PUBIIC HEARI~lG WAS CLOSED. Commissloner Herbst noted that the ;~etitioner dtd not futiy know the history of the Bar~k of Amertca set~acks; that the adJacent shopp(ng center was very flne and the proposal wa~ a terrlh;e exam,~le of what the petitioners had done in the past; that thz ~rdlnance required that a service station must be integratPd with a shopping cPnter in the Scenic Corridor; that two us~.s would not be permitted on the same property; that a servlce statlon on the subject corner would be a disaster~ si~ice the trafftc entering and leaving the propPrty would be very had; that he was opposed to the service statton and to the proposed signing; that some low-sta~ding signs had been allowed ln shopp(ng centers a~d the Planntng Commisslon would be considering a law, monument-type sfgn far bustnesses in the 5cenic Corridur, however, satd provisions were not an ordinartce yet. Mr. Woodruff explafned that the proposed signing was built right into the berm and w~s far marc attrACtive than a sign which mtglit be 1A or 16 feet in the alr. Comm(ssioner Ner6s~ continued ~y noting that the site could be develQpe~+ !f the developer wa3 not trytng to aut so much on tt; that he was fnterested to know why the praperty was not developed as part of thc schnol; and that tt was p~ss{ble that eny hardships in connectlnn with th~ property were created by the petttionar. In response to questior.ing by Commissioner 8~rnes~ Mlss Santal~ahtt advised that no correspondence had been received from the Canyon Hlgh School regarding the proposal. Commissioner Herbst noted that with nne building on the property, a variance from the sntback res~ulrements adJacent to the residential zone wouid be tolerable; however, the wnivers related to the Scenic Corridor requlrements could and should be met. ~ ~ ~ MINUTES~ GITY PLANNIN6 COMMISSION, N~vomber 8~ 1976 ')6-576 VARIANCE N0, ?.87y (Contlnued) Chelrman Johns~n not~sd that varlances were to provida for development oP hardship parr.els~ whtch the subJect propert~y appeared ta be. C~,mmissihnar i'arano tnqutred IF the petitlone~ would consid~er e conttnurnce for a redesign of the prapose~l; and notad ttiat although he. did not complately ag~en wlth the Chnirman~ some constderetfan wlCl~ re~pect to setbacks mtght bc in order~ atthougli the homeawners in the area mighe obJ~ct~ aspeclally alonu Imperlal Hlghway; that the setbncks elong Senta Ana Canyon Roed pr~bebly should be observed; and that It was not In tha best interest of anyone cone~rned to push any kind of sign v~rlance In the 5cenlc Corricior. Mr. Woodruff sta;ed tftiat~ under the~ circumstances and becaase of the comments perteining to the proJect, he d!d not feel that a conttnuance would be !n order; and that, if Che property werc devel~ped completely ln llne with the comnolnts~ it would be a ccxnpletely dtfferent "hall game." Mr, Woodruff continued Ey stating that the sub,)ect parcel was unique in deslgn and in the fact that it Was awned by one person; hawever. he was representing thc owner and two developers and he had to malntaln hts ~oeltion in the mattar. Cummisstoner Barnes ~~~tccl that Mr. Yorba~ the property owner in quastlon~ ~~ad been in the Canyan aroa long b~fc~re anyone else and had done some nlce thin~s~ aanettMes on his c~wn; and th~t~ in hcr ~pinton, he had been instrumental in the resultant shopping center In the area whl,h was extremr,ly good-look?ng. Traffic Enc,(neer P~ul Si~ger pointed out that the praposed ~orther~y driveway of the servlce station had an Ad~acent and contiguaus left-turn lane whlch was with no U-turns slmply because the roadway wRS not wide enough for the U-t-!rns without windtng up in a ditch; however~ as ~oon as the roadway was wide enuugh, ~:-turns would be provlded for. F1e further reminded the Planning Commission concerning accesse:; wtthin 330 feet of Santa Ana Canyon Road presenCly under study for establishment of a policy. Commissioner Farano nated that~ in view of the 330-foot pollcy mentloned by Mr, Singer, the proposal wnuld definitely have to be redesigned; and that he was ~n Favor of making the 330-foot policy a formal Rolicy ot the Planning Cortanission and Clty Council. N~r. 1Jood~ruff stated that tl~e City 7raffic Enyineer had not indlcated approval or disappraval rega~ding tne northerly driveway; however. they realized the problems and would not be c~ossiny tr~ffic~ since their exit would be onewway only; and that~ under the circumstances~ they felt thP proposal woul~ not create a traffic conflict. Following consultationwtth Mr. Yorba~ Mr. Woadruff request~d a faur-week conttnuance to revtew and revise the propos~d development plans. In respanse to questioniny by Commissiuner Farano~ Mr, Singer advised that a left-turn E~~~cket existed more than 330 feet from the intersection and could serve the subJect property. Gommissioner Farano affered a motion~ seco~ded by Commissloner Herbst and MOTION CRR~tIED (Cortmissioner Tolar being absent)~ that the Anaheim City Planning Commisslon does hereby reopen the publ(c hearing and continue constdera_(on of Varianca No. 2874 to the Planning C~mmission meeci^g of December G~ 1976~ as reauested by the petitioner, COMMISSIUNER f3ARNES LEFT THE COUtJClL CHAM4ER TEMPORARILY AT 9:37 P.M. Follawing some discussion~ Commiss?oner Far•ano offered a motioii, seconded by Commissioner lierbst and ~tOTION CARRIED (Corrmissioners 9arnes and Tolar being absent). that the Anaheim City Plnnn~ng Commissi~n Joes liereby d!rect Staff to prepare an overlay map of the areas lying wlthin approxlmately 33~ feeC of Santa Ana Canyon Rcaad~ tn order for the Planning Commi:.~tan to cor~sider the establishment of a policy in cannection with access points withln sald 330-foot radi~~ of the Scenic Corri~~r. RECCSS - At 9:40 pom,, Chairr~an Johnson decl+~red a recess. RECONV~~~E - At 9:5o p.m.~ Chairman Johnson ~ecnnvened the meeting '~ wlth Commissioner• Tolar being ahsent. . - _. ~ s ~ MINIIT~S~ CITY PLANNING COMMI~SION~ N~vember 8~ 1976 ~6_r,77 COIJDITIOPIl1L USE - PUDLIC NEARIPlG. CALVIIRY BAP1'IST CFIURCII~ 27~0 F.ast Wegner !1~•enue, PF:RMIT N0. 1G61 An.~h~tm~ Ca. 92i~i05 (Owncr); requestlny permisslon to [STABL1SIi A PRIVATF SCHO~L AI~D PRE:~SCNOOL on prnperty descrtbocl es t~n irrcgularly- shapecJ p~rcel of lancl consistin9 of approximntely 1.~~ acres located at the sauthevest corner oF Wayner Avenue anJ Rlu Vlsta Street~ havln~ appr~xlmAte frontages of l~~ feet on thc south side uf Wayncr Avenue and 450 fect on the wese sidc oF Rio Vista Street~ and further describec.l ns 27L'0 [asl Wagner Avenue. Property presently classlfl~d RS~A-~+3~~0~ (R[:SIDF.PlTII1L/AGftICIII,TURAI.) ZOP~C. Three rersons indlcate~~~ thelr pres~nce fn opNosltion t~ thC ~ubject pet(tton. Assistant Plann~r Joel Ftc.k read tha: Str,ff Rapurt to thc Pl~nntng Carmisslon dAted NovPmber $~ 1~76~ And sal~l StaFf Report is refcrred to ~s if s~t fnrtl~ In fi~ll in thn minutes, In response to qu~st(oniny hy Cummissloner Nerbst~ Assistant City Attorney Frank Lnwry advi;ed t-iat the final declsion pertaln(ng to a permanent encroschment into the public right-of••way for the proposecl faci l i tte:s would be wi thin the powor of th~.~. Clty Counci l~ however, the ~'lanniny Cc,~nmission coul~ make a recommendation thereon. The Reverend Arthur Rame:y~ Postor of Calvary aaplist Church~ the petitloner~ appe:ared before the Planning Commission and indlcatecl that the proposal ~~~as for schoo) grades kindergarten through twelftl~~ ancl tha St~ff Report should be corr~cted in that respect. I~e then offered to ~n~wer any questlons concerning the proposal. Mr. Donald J. Rou~h~ ~~~~ South Ma~,jan~ Anaheim~ appeared beforc the Planning Commission in oppositlon and stated he had livcd and workeJ in tf~e City for approxima~ely 2$ years; that he was in favor ~f children and hfs comments should not be construed to mean he dlsliked them; however~ he could not watch ehe Monday night football yame oi~ televtsion in his den because of the nals~ from the subJect property; that he iiad asked the pastnr wl~y khey did not buy liis home so that the problem would not be contlnuous and the pastor had indtcated he did not want to listen Co the noise either; that the previous a~,~•roval for the church and facllit~es was granted suUJect to lanclscaping being provlded along the aas; ~!~p ~f tl~e houses in che area, and that very little landscaping was planted to abate the noise; that at tlie ttrne of the previous expansion of the facllities~ there was Just enough parking to meet the Zoning Code requiren~ents and he was wonderi~g (f the petitianers wauld be permttted to use the residentlal streets i:i the neigi~borhaod for thelr parking If ~he subJect expansion was approved~ especially on P~arJan as they presently dld on Sundays; that his property value was presently $80~~00 and he quPStioned ~~hat effects the ~ropasal might have on his property as well as his r,eighbors' propert~•; that he had assumed that Rio V!s:a Street wouid be deveioped f~~rthe~ for vehicular use; that I~e sp~ke for appraxirrateiy ten property awners whose only ingress and egress to their tract was MarJan; and that he had not canvassed the entire trbct since hE: received the nottce ofr public hearing on NovemE~er ~~th ancl had not had the tir~te to canvass. in rebuttal~ the Reverend F.amey stated the children played running ar~l c(rcle games tn the parking lot until 3;20 p.m. on Monday nights and really en,joyed them~ making iots of rsolse; that, conkrary to what Mr, Roush had stated~ he had offered to purchase Mr. Roush's property at one time; and that the churcli had given ke.mporary access for a pool company to install a pool on Mr. Rouch's property. In response, Mr. Rousli stated he did not have a pool on liis property. Reverend Ramey contlnucd by statiny they had moved the playground from the fron*_ of the property clue to the traffic Aa:idents ~t the corner; that there was a gate at No. 3 Buildiny and the City property so that the people hringing tt~eir chlldren would use it to make the chi!dren and everyone else sa~f~e. He further stated that the regular s~hool hours would be from 9:0() a,rr~. to 3:00 p,m. T~fE PUBL~C HEARIr~G WAS CLO~ED. In response to q~estion(ng by Commissioner Herbst~ Reverend Ramey staLed there would nut be a large number of chil:~ren in tha prop~sed facilities a~ the the present ttm~, the .iumber being 12 to ~+0 students, ~nless the stze of ths facil(ttes were further increased; that~ if the City decided to take the public right~of-way~ the church would take their buildings off it and sell the subJect property; that the church had been dlscussing putting up a two-story educational unit where the house presently was; howevcr, tf.ey were ~ ~ M I NUTf S~ ~( TY Pll1NN I Nr COM~I I SS I ~P~ ~ Nuvemb~ ~$~ 1~76 7G-578 ~ONUITIONAL USL PERMIT NQ, 1661 (Continued) Just in the talking stan~~. 11~e presAnted, for vlowing, a picture of whAt th~y were telki~~g nbout. C~mmi ss I ~ner Herbs t revl ewed cli.; orev (ous cc~nd i t lons of appr~ove 1 for tf~e church fecllttles~ ctc., n~ting lhflt frirly heavy landscaplny haci bean requlrecl ndJscent to the restdentiel propert.les; anc' that the parking lot was presently being used :+s ~e playground. ReverenJ Romey stated thay had provldcd landsceping In eccordence with tlu; Clty's requlrements~ and were nlayiny In the: parkln~ lot only on Mondey nlghts; and thet the high school b~sketball courts~ etc.~ would be used only durlny the cla~ytlme. Camilssluner Nerbst Chen noted that sumc: people llked tu have p~:aco and qulet durtng tho daytlmc as well 8s during the ntght; and Chat it appenrnd th~t :he plens for the facillrlas were not in context with thQ orig(nA1 proposal for use of tha property' and the existing ~~~"c,blems sh~uld be ellevlated~ also. Reverend Ramey st~tad thnt their growth wou~d be over a perlad of time and when they conslc~ered they ;.~d oul'grown the sl te t~sey •,+ould probehly sel l the lond ~nd get into another area where they could have enough l~nd fur thelr purposes; r~nd that~ wi'.h chG present plan ~nd addition~l facilftics end utlllzing thc Clty rfght-~f-wmy propcrty~ they would be able to have 14~ student_ on the r,roier;y. Commis5lorer Hc~bst then ind;r,ated that il• appeared the complete plar~s of the churGh and school ex;~ension, prr.sent and future, shnuld be prepAred for considerakion~ tncluding the cla~:ro~ms, pt~ysical educstt~n fACiltties ancl the other rcquired factlitles a, a schaol; and that the property was backing up to appruxtmotely nine homes and, althnugh the people wera n~t opposed La the scho~l, there would be apparent problems involved, In r~sponse to qucstinning by Chairman Johnson, Mr. Flck read tl~e prevfously Imposed condltlon (August~ 1970) requlrin~ tree screeniny edJac.ent to the weste.rly property llne, conslstlr~g of trees on 2~-foot Genters; wl~ereupon, Reverend Ramcy stated that said requlrement had been met, Chairman Johnson then noted that although the F t~perty was not developed with ~ cummercial center~ the subJect factllties could be more aggravating thar~ a coirmerciai activity to certain persons. As ~~tnt of InforR~ati~n~ hir, Lowry advtsed that he was aware of a Joint study In progress by the Parks and Recreation Department for Jolnt use of thP Orange County Water Dlstrtct property and in the event that the proposal for Jolnt use v.ent forr~erd~ the City wc~uld be using the full right-of~way width of Rio Vlsta Street; howevei•, ha dId not know the current status ~~f the study. In recponse to auestioning by Cortanissfoner King~ Reverend Rame~~ stated thet as far as he knew~ the only utilitles hhich would be located underground for the proposed expansfon would be waYer and not sewer, Commisstoner HerbSt reiterated that the co~text of rhe originally prnFosed use of the prc+perty was bein~ changed greatly; that the ~se~ as expanded, was not approprtate~ espec(tlly if the public rlght-of-way were to be huilt upon; ~nd that the pruperty was definttaly too small for the proposed expanded use. Reverend Ram~y explafned that the school was an accelerated Chr(stian educatlon program and would, mare or less, be a one-room school hous~. In resN~nse to questin~(ng by Commissioner Farano~ Reverend Ramey clarif(eci that the submitted plens d1d not show thG total dev~lopment plans for thc stte; whereupon~ Commisstoner F:~~ano noted that the subJect property was definitel~~ not suttable f~r the use and was~ "180~degreesoff" from the orlginally approved use; and that 140 students was entlrely tou much for the subJect 1.4- acre partel. R~verend Raney Pu~ther clari`ted that the ~40 students were not antlcip&ted for a numbe r of years to cume, Commissioner Farano then stated that he dtd not favor constructing permanent structures over the public right-of-way; and that th~ church was ,~apular and w~uld c~nt;nue to grow exceedine all expectatlans. Chairman Johnson noted Chat he was symp~thetic on the b~sis th~t the Church daes a lot of good for a neighborhood and par~tcularly for the chlld~e~i; that the efforts on the part of this church ~~rere in the right ditectfon; hor~ever~ even good Intentions sometlmes ieaned too hard~ if crytng to do more thAn the property w~~uld allow. Mr. Tam Unternah~•er~ 1959 South Resh~ Apt. A.~ Anaheim~ appeared before the Planntng Commisstfln in favcr of the proposal~ partly rep~esenting the church~ and stated tihey were ~ ~ ~ MINUTES~ C ITY PLANNI NG COMMISS ION~ Novembe+r 8~ 197d 7b'S79 CONn IT IONAL USE PERM 1 T N0, 1661 (Cont I nued) new at scerting A p~ogram of tl~e nnture proposed and hnd felt that If th~y got to the posltlon whero thny were too bty for the perccl~ they would have to move. Commi ss I~mer Fare~o added thn t 1 t wou I d be ~ i ff i cu) t to make a movn f rom the property after gettinc~ eitablished, especlally slnc~ It wuuld be expenslve to rtwva~ and lhe buildinqs wuuld ba permanent in nature; and that the Planninc, Commisslon would be fated with F~ardehip sl~owtngs In tl~e event that tlie matter wes further heard. Mr. Untern++hrer requested tn be permi tted to e:cpand the Faci l i t les for a l imt ted enrollmnnt, etc.~ and that they woufd not come before the Planning Conmisslon to raquest an lncross~; thot~ reqArding the noise~ he resllzod that the one f~our of playing mlght be an Inconv~~nlence~ however, they ware wl l) ing to plant some smell shrubs, etc., to further buffer thc sound; that thern were l+~wnmaaers~ dogs, et~.~ maklr~g nolsc In the nelghborhood during the regular cFiurch rnr.etin9s~ anci nelCher he nor th~e church was complai~ing abc+ut that. Comm(ssioner Ilerbst suggeste~+ th~t perhaps an envlronmcntal lmpact repurt should be reyutred for the proposed sch.,ol; whereupon~ Reverend Ramey state~l that the proposal was not for r, full-'~lown school, slnce they rrould nat have all that many students; th~+t ic wauld not oe dlfficu lt for th em to limit the students~ since they Nauld only have certain type studenls; thAt if they ~vere limiteci to 40 students at thls tfine it would glve theni time to prepnre to move from tlie subJect locat(on; and thak tf the Planning Commission disappruved tFie proposr,l, they would be stopping a fantastlc program before It ~ot off the ground, Commissloner Barnes noted that rr.gardless of what an e~vlronmentay impact report would say, there was other property in the City which could be rented or leas~d to start the program; Lhal the subJect prc~perty was too small~ the facllltles would be ~n City property, and there were negotiations taking place in regards to using the publlc rlght- of-way; and~ rherefore~ she could not vote in favor of the proposal for tliose reasans, (ii addl tlon t~ tlie fnct that furtl~er development of tlie property woulri be detrimental to the ad J acen t res I den t t a 1 propert t es . Comml~sioner Herbst offered a motion~ seconded by Commissioner King and MO'f10N CARRIED (Cortr~~issloner Farano voting "no" ancf Cammissioner Tolar being absent) ~ that the Anaheim C t Cy P 1 ann i ng Cortm i~ s i on Joes hereby recomnend ta the i.1 ty Counc 1 1 of the G 1 ty of Anahe i m that a nr.gative declaratlon from the requirement to prP;,are an environmenta) '.mpact re~ort be approved for the subJect proJect~ pursuant to the provisions of the California Envi~o~mental Qusli ty Act. Commissioner Herbst offered ResoiutEon No, PC7b-236 and moved for its passage and adoptian~ that the Anaheim City Planning Commisslon does hereby deny Petttion for Cond t t i ona 1 Use Pe rm! t No, t f,61 on the bas I s that the proposa 1 to expand and prov i de educa t i ona 1 fac 1 1 t t i es for g rades k i nde rgar ten thraugh h I gh school ( twe 1 f th g rade) i s iiot witFiln the intent of prevlo~s conciitional use permlts ~~proved for the church cn~mplex and pre-school nursery. and alarger site wculd be more approp~late for the praposed expansien; that tes timony was presented that the existtng u~e of the property I~as been detrimental to the adjacenr s(nglc-family residential properttes anc~ that the proposed elcpanston of the use would :~ubstantiall~~ increase the nois~ and other impacts; that buffering~ in addit3on to the exlsting wall, ~hould be provided for the protection of the adJacent single-family residential properties; that the subJect property is relntiveiy small and na-row an d development in the manner propased to include encr4achment into the public rt~~ht-of-way would over-develop ttie s(te, since the enrollment ot the school facil(tte~~ would imrnediately be 12 to 4Q students~ with ant(iipateJ grawth to 140 students in the future when the fac( 1 t tles were furttier expanded~ tncluding the addition o' a two- sCory structure; tl~at the tota? future development plans for the property were n~t submitted for review; ancithat the praposed further development in the public right-of- way~ in view of a c urrentjoint study by the Pa~ks and Recreation Department and the Orange County Wate r DistricL for use of said rlght-of-,:ay~ would not be in the best interest of the Ci ty of Anaheim or the petitloner. (See R~s~lution Bc~ok) Commissioner Johns o n noted that he would not support the resolution on the basls that the petittonzr pointed out that ;.he school was not as big as ~he Commission was picturing it; that he agreed tha t dawn the line the enrollment would be too great for the site~ but at present denlal ~vould bc sto Qping a good work; and~ furthe~mo~e, `here were. more than 4Q persons i n many bu i ld ~ ngs, ' '" T MINUTFS~ CITY PL~NNING C~MMISSION, November 8~ I9)6 76-5~ CQND1710NAL USE PERMIT N0. 1661 (Contlnued) ~ On roll ca11~ the foregoln~ resolution was passed by the follo~rtng vote: AY~S; CQMM15SIO!~f.RS: DA~NES~ FARAr10, HERBST~ KING~ MOHLEY NOES: COMMISa10N~RS; JOHNSRN ABSENI': COMMISSIONERS; TOLAR CONDITIONAL USE - PUDLIG HFO'ING. SOUTNERN CALIFORNIA DISTRICT LUTHERAN CNURCH-MISSOURI PERMI'~ N0. 1663 SYNG~ "r. 0. ~~~x 6 880~ Los Angelns~ Co. 90022 (Owner); DENNIS WENMUkLLER, ~,Rr!;UR STEPI~ENS ~ ARCH I TECTS ~ INC. ~ 11718 Wes t P( co Bou 1 evard ~ Los Anqcles, Ca. 90064 (Agents); requesting permisslon to ESTADLISH A CNURCH ANO PRE-SCHOOL on property described as a rectanc~ularly-shaped parcel of land canslsting of approxtmately 4,2 acres l~cated ~n th e east slcle oP Solomcm ariva betwe~n Santa Ana Canyon Road .~nd Constantlne Road~ having app roximate frontages of 630 feet on the Qast side of Solomon Drlve~ 305 fRet on the south side of Santa Ana Canyon Roa~i, and 285 feet on the norcn slde nf ConstantinP Road. Pro e rty presr,ntly classlfled RS-A-4~,OOU(SC) (Rk.SiDENT1AL/ AGRiCULTURAL-SCENIC CORRIDQR OVERLAY~ ZONE. No ons indicated their prPSence in op positton to the subJect petttion; h~wever~ approxtmately 2b persons Here present in t'avor. Although the Staff Report to the PlannTng Comnission dated November S~ 1976, was n~t rtad at the publlc hearing~ sat~ Staff Repo rt is referrod to and made e part of the m(nutes. Mr. Dennls WehmuPiler~ aqent for the petitioner. appeared b~fare the Planning Conmisslon and descrtbed the church'g place In th e communtty. Ne stated that a pre-school was Included in the proposal, but was not of a school nr~ture. THE PUDLIC NEARING WAS CL05ED. In response to questioning by the Plan ning Commission~ M~. Wehmuelier stated khere would be no boarding of students and that it ~s becoming increasinglv diffic:ult for each church to run its own school~ from an economic~, standpolnt. Mr. Wehr.,ueiler requested to be able to mak.e the street improvements as th e pr~perty was tmprav~d and agreed to post bonds as required, in lieu thereof. He furthe r stated that~ from a*.raffic standpoint, it was moPt deslrable to have the propused traffic ~attern than one havtng access 330 feet fram Santa Ana Canyon Road. Traf~ic [:ngineer Paul Singer explained that the j30~foot policy a!ona Santa Ana Canyon Road was to facilitate traffic movemen t and alleviate the congestion on satd street~ prlmatily concerning left turns in and out of drtveways. In response to questloning by Comm(ssioner King~ Mr. Wehmueller stlpulated to ccxnp~ying with the City requiremc~nes pertainin g to trash storaye aress. Chairma~ Johnson noted that t;~e propo sal was very slmilar to the cliurch proaect just considered on this agenda~ hcweve~, there was ~io apposition; wherPUpon~ Camiissioner Barnf~ noted ttiat the ~htldren were no t on the property yst to complatn about. She inyuired if thP petitloner could swit ch the posittons of the f~tu~e building In fro~it wlth the playgraund to n~..~ve the play area away fran the property line adJacent to the resic!pnttal propertles to prevent future problems. Th~: petitioner so stipulated. Commissiqner Barnes then noted that th e 330-faot policy with res~ect to actess adJacent to Santa Ana Canyon itoad was vPry approp riate for the subJect developme~t. The petitloner reiterated khat they preferred to have the plan as submitted. Commissioner Nertst suggested an outlet drive onto Solomon Drive, ta be cont~olled by a center divtder; and that, otherwise~ there wouid b~ a prohlem created withtn the parking lot 'itself. Chalrman Johnson noted that the subJe ct proposal m(gt~t be an instance where a canpromise to the 330-foot policy was appropria te. Assistant Planner Joel Fick noted tha t there was a tract sign existing on the subJeCt property and that the Planni~g Commis sion may wish to require that it ba rr.movd prior to - ~ T-,- ~ ~ MINU'T~S~ CITY PLANNING COMNISSIOt~~ November ., }76 7b•5~~ COND1710NA1 USE PERMIT N0. 166~ (Contfnued) ;~~e tssuence of a~uilding permit~ If tli~ proposal were approved. Tha petltlonar so st 1 puleted. Some dtscusston was held concernfno a wlndrow of eucalyptus trens whlch would remein on the subJect prapc~ ty. Commisslonor Ilerbst affered a motlon~ seconded by Comnissloner King and MOTION CARRIED (Comrnlssioner TolAr being abscnt)~ that the Anahetm Clty Planning Carmisslon cloes hereby reccx~rnenJ to the City Councll of tl7e City of Anahelm that a negattvt declaratlon from tlie repu 1 rement to nreparo an envl ronmental Impac~ report be approved for the~ sub)ect proJoct~ pursuant to Che ~~ravlsions of tl~e Celifor•nia ~nvironmmntal Quallty Act. Cortxnlesloner Herbst offered Resolutlon No. PC76-237 <,nd moved for i~s passage and adop tlon~ that the Anahefm City Planning Commission cioas hareby grant Petitian fo~ Con ditlanal Usc Permlt No. 16E3. ~ubJect to the stlpulatton of thc petttloner tu provlda a buff~~r for the single-famlly resid~nces from the proposed play yard, er.cfiAnging locetfons wlt h the future clas~room butiding which ts located immc3dlately west of the play yard on the submtCt~.scl plans, snd that preci$e plans of sald rel~catlon shall be submitted ta the F'lanning Con~misston for approval prior to the tssu~nce of a building permtt; thnt the pla ~ nin.y Commisston does hereby determtne that preclse plans for drtveway locatlons along So1~rAn Dri~~e shall be submttted for review and approval by the Traffic Englncer and the Pla n ~iny Cammisston prior Co the issuance of a bullding permtt, sald plans to bc sub starrially in conformance wfth a City policy discouraging driveway and uther vehicular access l~cations withTn 330 fcet of Santa Ann Canyon Road; subJect ta the stipulatlon ~f th~ petltloner to remove the ~xisting off-site tract si~n(s) f rom the subJect property. prio r to the tssuance af a buildfng permit nnd pro~iding trash storage areas In ar,cordance wtth approved plans on file with the Offic~e of the Director of Publlc Works; and sub,~ect to zhe Interdepartmental Conmittee recommendations. (See Resolution Book) On roll call~ the foregoing resolution was passed by the foll~wing vote: AYES; COMt11SSI0PIERS: BaRNES, Ff1RAN0, HERBST, KING, MORi,EY, JUN~~SON NOES: CQMMiSSIONERS; NONF ABSENT: COMMISSIONERS: T6LAR ~'NV 1 RONMENT.AL IhiPACT - For e General Plan for the ex~ansion of electrical uti 1 i ty REPO RT N0. 190 substation and i`acilities in the Santa Ana Canyon/Anaheim area. Commissioner Herbst offered a moti~~~~ seconded by CorRnis5loner Farano and MOTION CARF.~ED (Commtssioner Tolar being ~bsent)~ that Environmental Impact Report No. 190 be referred ~o the Canyon Area General Planntng 1'ask Force for study and formulation c~f acceptable alternatives as to tlie location of the electric utiltty factlitles for the Santa An~ Canyon/Anaheim Hllls area, AOJ OURNMENT - 7here being no ~~rther business to discuss~ Commissioner Farano offere d motton, seconded by Commissioner Y.Ing and MOTION CARRIED (Commissione~ Tolar being absent), that the meeting be ad~ourned to November 17~ 1976~ at 4:30 p.m,, in the Council Chamber~ tn consider the Second Amendment to the Anaheim Redevelopment Plan for ProJect Alpha. The meeting adJourned at 11:15 p.m. RespGCtfully submitted~ . /f.~, ~ CL Patricia 8. Scanlan~ Secretary Anaheim Ctty Planntng Commission P85 : hm U R C 0 MICROFILM~'rIG SERVICE, INC