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Minutes-PC 1981/06/151 , Civtc Ce~ter Ilnahetm~ Californie June 1S~ 1981 REGULAR MEETING OF TNE ANANEIM CITY PLANNINC COMMISSION ._ - ... . _..__. REGUTAR - The regular rtweting of the A~ehelm City Plan~ing Commission MEETING was called to order by Chsirman Nro Tempor~ 8ushare at 1:30 p.m., June 15~ 198) in the Counci) Chamber~ a quorum being present. PRESEN7 - Chairman Pro Tempore Busho~e Commtssfonera: Bernes~ 8ouas~ Fry~ Herb~t, King AgSENT - Cammissto~er: Toiar ALSO PRESENT - Annika Ssntalahti Joel FI ck Jack Whito Paul Singer Jay Ti tus JaY T~shlro De~n Sherer Edith Harris Assl,tant Oiiector for Zontng Assistant Director for Plenning Ass9stant City Attorney Traffic Engineer Clty Engineer Assxiatc Pl~nner A~ssistant Pi~~ner P1Anning Commission Secretary PLEDGE OF ALLEGiANCE TO TNE F~AG LED BY - Commtssloner Bouss. APPROVAL OF TNE NINUTES: - Cammissione• King offercd a motion~ seconded by n~lss onar ry an 4 ION CARRIED that the minutcs af the June 1~ 1981 niaeting be appravad as sebr~itted. ITEH 110. 1: E!R NEGATIVE pECLARATI07a RECLASSIFICATIOH N0. 8A-81-28 VARIANCE N0. ~2n~Nn~7~aTATIVE MAP OF aA T N0. ~'I1 . 01~NEa5: TERM fIRMA PROPERTil.S, A"~'tENTIOH: JIM MARTIN, 4;8 E~st 1(~tella Avenue. Suita 209~ Orenge. CA 92667. ProC~srty descrtbed es an irregulariy•shaped parcel of land consisting af approximatcly ~'.~ acre~ having a frontage of approximately 180 fect on the south stde of Wilken ~lay. appraximately 4;~ fect east of the centerline of Harbor Bouleva~d. RECLAS51 F 1 CAT I ON REQUEST ; CG tc- Rt1- 3000 VARIANCE RF,QUEST: WAIVERS: (A) MINIMUM BUILOIKG SiTE AREA~ (b) MAXiPMJM SITE CQVERP~GE~ (c) MINIMUM LANOSCAF~D SETBACK, (d) MIHIMUM RECREATIONAL-LEISURE AREA AN~ (e) M~NIHUM NUMBER OF PARKING SPACE5. SubJs~t pet~tian aas continuard from the meecings of M~rch 23, ig81~ April 6, 1951 s~d t4~y 18~ 19$1 at the requast of the petitiv~e~. It wss noted staff has reton~+ended the petition be withdra~m until ravisad plans are submi tted. ACTION: Conrnissloner King o~fared a aiotio~. socended by Commtssioner He~bst and MOT~I N CARf~lEO. (CMeFrrnan Toler being .,bsent)~ that consideration of R~classif~icatian ti~i': 80-81-28~ Variance fio. 32~5 and Tentative Map of Tract No. 11463 be withdrawn. 8~~'7'~ 6~~S~V~ MINUTES, ANAHEIM CITY PLItMNING COMMISSION~ JUNE 1$~ t981 81•341 TIYE DECLARATION, REVISION OF EXNIBIT N0. 7 OF To consider a rmviston to Exhlbit No. 7 of the Sante Ana Canyon Road Access Polnts Study I~ order to provide acc~ss to a 6.6 ac~e commerct~l ~Ite located o~ the southwast corner of Sa~t~ Ana Canyon aoad ~nd Fairmont 8ouleva~d. Sub~ect patition wss continued from :h~ mact~ngs of Aprll 2A~ 19$1 and May 1P,~ 1g81 et the request of the petitioner. There were approxir~+tely ten persn~; t~dicating thalr presonce in opposltton to subJect request, and although the staff report was not read~ it is ~eferred to and msde a part of the Minutes. Jay Tashira~ Assoclate Plenner, asked that thc first paragre~,h on page, 2•c of the staff report be ckleted, which rer~ds: "The existing Koby Nursery drlveway shauld be tncorporoted into ~n overall access plan for tho proposed conrr,~rclal center~ thus esteblt~,ing sn Improved market sltuation f~r the nursery". Norn~, iiaamussen~ C. Robert Langsiet 6 San, Inc.. explalned charges have been made in thr <~c~css p~lan as a resulc of the last me~ttnq; thet Langxlet Lompeny is the de~~~~ anci tney have been developing conn~rclal, industrial and restdentlal p~~~tei~s '~r thirty y~ars. He stated they o~e plenning a cammerclsl center at the smorrw;~+~-esz~m~rner of Fairmont 6oule~ard and Santa Ana C~nyon Road and plan to preserve ~e ~~~'~ Adobe as a financlal center as part of the(r project a~d the center will ~er ~ n~„aa+r and othe~ small shops. He steted th~y have attempted to meet city "+a~it'-~e~nts wi th the 1 ayouts ~ setba~ks and park t ng snd tht purpos~ of th i s meet i ng ~Ar~r ~+s to obtaln appruval of their access plan. Ne explain~d thsy had originally ~wa~er~wr-ated access fo~ the adjecent nursery inrn~dtetely to the west assuming It ~w ~ be an advantage to them; that their tentative n+eetings with ths nursary owner ~~.d~ed he would co~sider the pian but Nanted to sec tt tn n~ore detail; that they '~+re 1~wd considerabl~ co~~espondence wtth Mr. Kobayashi, the owner~ and witfi hls ~~entattves and have met with him a couple of tlmes to work out something for a ~ri+~+t access. but unfortu~ately they were unab le to wprk out a program that was ~nrsily benef(ctal or acceptable to both. He ststed th~ nursery has a left turn in ~s~ci out on Santa Ana Ca~yan Road which was granted some yeers ago and that the ownAr .~+~ reluctuant to give that up. He steted the revised plan eliml~ates thc nursery t~+++~perty entirely as part of their ptan; that they have used the properCy ITnes and ~eslg~eC+ cheir access and development strittly on their own pe~cel. He stated Mr. ~bbaya~-1 is pleased with the daveiapment and would like to be a psrt of it. but ~here .~re just goad reasons why he would not want to glve up some of the things he wou~d be ~equired to give up to be a part of the center. Ne stated the revtsed plan has been reviewed by city staff and the request today is for approval of ihe EIR Negatlve Osclaratton and epproval of the access off F~Irmont, Rfo Grande and Santa Ana Canyon Road; that sta~ff has no obJecttons to the pio Grande or Fairn~o~t accass points; that they have elimtnated the left-turn raedian b~eak on Santa Ana Canyo~ Road and naw are only Asktng for rlght•turn in snd rtght-tvrn out. He stated they und~rstand th~ Ctty Traffic Engineer has snme reservotions about the right-turn in a~d he thc~ught that was the only item of controversy to be ~ddressed. He ~'ett the 6/15/$1 c ~. ~ MINUTES, ANAHEIM CITY PLANNING COMMISSION~ JUNE 15~ 1981 8~•342 oCher Issues hav~ been handled with the n~ighbors and with staff. fie ~tated the bridle trat 1 was a questlan before end thay have ac~reed tQ nwve it on Rlo Grande aa oppoaed to Santa Ana Canyon Road as suggasted rnd requested by the Trail Committee. Weston Pringle. traffic ca~suitant~ stetad the attention today hes bean directed towerds Santa Ana Ganyon Road acc~as which seems t~ be the only issue br~tween staff and the devaloper; that the left-turn tn has been eliminated and rlght-turn tn and out anly is proposed; that because of che inobllity of the developer to work Aut a }olnt plan with thc naighbor. they have ~nded up with two separate entrancea f~om Sante Ana Canyon Road; that the existing access to tFtie ~ursery factlity rematns unchangeJ, including the existing r-~ dlan bre~k tn SantA Ana~ Canyon Road; that they shaw a decleratlon tene to thc east which is outside the bike lane and provides far a future third lane whlch is on Santa Ana Canyan RoAd; and that the lano turns into the property and is widened to slivw fcr two lanes on•slte. He stated there ls stor~ge in that deceleretio~ lane~ not including any of tt~e transition areas~ for approxirtuitely ~ine vehicles. Ne stated tha traffic study previously submltted p:oJected during the per~k hour ftfteen vehicles ustng the inc~ress end they feel the nlne-vehicle sto~~~a area is more than one-helf of the projected demand and wil) provide adequate storage and get vehtcles out of the travel lanes from Santa Ana Canyon Road. Mr. Pringle statcd there w~s another concern with the pedestrlans crossing the driveway and the p{an na+ fndtcates the pedestrtan welkway whtch would come into the site~ cross at the stop siyn and then go ~ack out. He ¢tAted there would be some provlslon with landscaptng or some other restriction to discourage pedestrlAns from cros~ing. Ne stated the equestrlen situation has been mltEgated by bringing the tralls suutherly ~o Rto G~ande and than over to Falrmo~t and thet wili e1lminate s~y vehicular/equest~fan conflicts at thr Santa Ana Canyon RAad entrence. Ne stated the proxlmltY of the twa driv~ways for the shopping center a~d nursery was ralsed ss a cancern by tlie staff a~d they feel~ in thls ca3e, it can operate safely because the nurscry aperates ac a relatively la+ volume of trefflc by its nature, and the proposed facility~ with the market area orlentatlon primarily to the south, has relatively mtnor t~afflc volume using the Santa Ana Ganyon Road access and they feel Lhe~e factors result In a condition thst is not unsafe and that it would nc~t create congestlon on Santa Ana Canyon Road. Ne st~ted this access provides a way fo~ trucks to enter tha factlity without potentlally impacting residential araas to the south. He pc~l~ted out the access Foi~ts on an enhiblt displayed by Mr. Rasmussen. Sandra Young. 181 Donna Court. st~ted her main concer~ at the previous hearing was the schoal childr~~~n {eaving the junior high school and that is s~ill her main co~cern and she doesn't feel what is offered is enough of a safety factor to acconxrodate the children coming back and forth fr~m the school; th~+t she Is sttll conce rned about the Rio Grande/Fairmar,~ interscction w{th the left-turn lanr which would be a u-turn situation for cars turning right onto fatrrr~ni; Chat the speed of the traffic comtng dawn Felrrront would create a hazardous sttuetlon and the people who live in Peppertree Hills Nomes woiild not be able to use that exit safety and would have to go to Quir~tena and turn to get out. She stated she was elso concerned about the right- turn only out of a larye shopping cente~ such as this because peaple going west are going Lo take Santa M a Canyon Raad or Falrmont to Rio ^rande~ whtch is a residential 6/15/81 ~ MINUTES, ANAt1EIM CITY PLIW NING COMMISSION~ JUNE 15~ 198) 81-3~+3 street and then take Rlo Gra~de to Qufnt~na to exit; and that also appllas to the dallvery trucks becau~e thare is no w~y e semt•truck Is going to meke a u-turn on ei~her Sants Ana Canyon Ro~d or Feirmant and they wt11 teka th~ safest exlt which would ba on Ria Grande~ ~ resl~k nxi~l street. Marten Paxtc+n~ yb32 Willowick Circle~ presented a petition contolning 177 stgnetures and reed it aa foilavs; "My sle~naturc balow Is an indlcation tl~i~t I am opposed to the Ingress and egress propc-sed f~r the new shoppin~~ centcr on thc southwest corner of Fai~mont and Senta Ane Canyon Road tn Anshetm Nills. If the Ingrees and egress were located snl~ly on Falrmont Boulrvard~ the sefety of the childr~n walking ta and from E1 aancho~Junlor Nigh School would be preserved". She stated they only have 177 signdtures b~cause they were not glven enough (nformation in ttme ta get morr.. Sh~n stated the petitioner represents the peuple In bebby-sox~ perents of ch(ldren welki~g to and from schaol and also som~ teachera from Impertat and E) Rancho Schools and painted out thelr addresses were ei~o shown. She stated they are ve ry much concerned about the fact thnt there sren't even +~ny sldeHalks for their chtldren and of the 930 children who attend EI aancho~ 250 are bussed And the remaining 6&0 either walk or arc driven by their parents. She stated at 8:00 to 8:1$ in the morning and at 3:OQ to 3:15 in the afCe~noon th~ Commlsston could see the large ~u~er of pedestrians under 15 y~ears of age who walk thst bike lanc. She stated to heve any kind of driveway •cross it is not even safe and ihe nursery could be a problem~ but that tt does not hovc that much t~afflc and thcre is no way the trafflc could be limited on Santa Ana Canyen Road. She st~ted they da not feel it is wise plAnning ta ellow this entrance. She felt the Commissioners woutd havc to see the hundreds of chlldren who walk fn the area to unde~stand the problem. Dlone H~sketh, 330 5o uth Timken Raad~ represnnting the Tralls Committee, steted she unck rstood the developer to say the Tralls Committee is in favor of this; however~ they sub mltted a letter stating the t~~tls arc xutt~able if access is given to the developer off Santa Ana Canyon Road. Mr. Rasmussen stated the Tralls C~mmi~tee is not talking about the right turn In that ~xists and that they do not want any access at all; that thts developer has a 6-1/2 ecre parcel of prope~ty of substantial value whtch la mn~sd cc~mmerclally and they have attert~ted tu provlde wcil nanltorcd mitigation measures as staff has recommended; that they do heve sldewalks and a bnulevard stop crass walk and have t~ied to addrrss themselves to the issues and mltigating measu~es so that the access wili be safe a~d practical. He stated with ~espect to the horse trail being routed (n the back of their c~nter~ assuming they have access on Santa Ma Canyon Road, wi1) be better for both the users of the trai) and the develnpment itself. Ne stated they urge the Planning Commtssion to approve the negativa declaration and the access because they have tried ve ry hard to ltve with staff's recorm~endations and have p~esented what they feel is a practical, workable and safe ~lan. THE PUBLIC HEARING WAS ClOSEO. b/15/81 ~ MINUTES~ ANAHEIM CITY PLANNINC COMMISSION~ JUNE 15~ 1981 81•344 Commissloner Herbst stated he drtvaa Fairnbnt eve~y morning end knows the number of child~an in the a~ra •nd he felt the pisn to route those children arou~d Into thelr driveway and beck ayain ts a little fictittous and right now they walk dawn the st~oet ragardless of the automobiles on the street ond he felt something draatic at that paint to koap thase chtlclren f~om walking down the street would be ~ecessa~y. Na ~tatad they use the bika lane nc+w and wtlt conttnue to use it. Mr. aasmussen stated they wtll design th~ sldewelk and put a~ inl~tbltar in the med(a~ break to prevent thrt fro~~~ ha~ppentny~ but of course if they walk on the street~ there ts ~othing they can do about It. Commissloner He~bst explaine~~1 thcrc are no sldewalks in the ~rea becausa the residents c11d not want them; ttiat the city heci the money and was going to (nstall the sidewalks~ but the residents o~posed it and this wlll contlnua to be e problem bocause of the children. H~ st~~ted he r~elttes the dove?oper h~s 6 acres of property and has a riyht to access and felt the developer has done a reasonably good Job~ but Yhat ho ls still cancerned about the one erea wlch the bike lane and felt it should be relocoted in a manner ~c ~nat it aii comes togcther. Mr. Pri~gle replied the bike lane coulcl be relocated similar to the walkwt~y~ if that i s the des i rc of the c i ty . Pau1 Singer~ City T~afflc Engineer~ stated this partlcular property has been revlewed severa) times and he would stil) st(tk pretty much with hts prevlous comrnents thet he does not like that many access point:j on Santa Ana Canyon Road fo~ obvtous reasons as expressed bcforc; that he realizes the p~apcrty has to develop; hawever. the~e (s stil) a posslbility that a combined singie eccess cculd be achieveG. He referred to a sketch at the end of the steff report which showed two access points~ both to the nursery a~d this development,could be ttchieved by combining the decelerat(on lane and providiny two driveways from this decele~atian lane and by provtdtng a connecti~g driveway be Meen the nursery and subJec~ property ~nd maintaintng the btke lane outside thts decFleratlon lane. Ne statcd the bike lane provides for pedestrtan t~affic now and would matnta~in the same eypn of profiie a~ It does all along Sa~ta Ana Canyon Road with m(nimum frictton froi~ traffic~ espccially if tho rt~dlan island apen(ng now in frcx~t at the nurse ry would be closed. Ne sCated there are severa) things along Sants Ane Canyen Road that are still a p roblem; and ona of them ts that there are ve~y f~w praspects of the city being able to fund. at least in the ~ext year or two. ths traffic slgne) at Fafrrtr~nt and Santa Ana Canyon Road whc~e most of the btcycle and pedestrlan conflitts take ~~lace. Ne stated the access problem could be solved if there was serious and diltgent pursuit by the two adj~c.~nt property r~wners to try and solve them for thetr mutual benefit. Mr Singer stated there are a number of requests whlch the city would have~ however, should the Planntng Commission approve this type access; one being that only a~~ngle access from Ssnta Ana Cenyon Road for the cc~mbtned properttes be constdered; that the circulation be opened between the nursery and the shopping center and that left-turns 6/ 15/81 MINUTES~ ANAHEIM CITY PLANNING COMMISSION~ JUNE 15~ 1981 81-3~5 would be rest~icted on SanLa Ana Canya~ Road which wouid elso provid~e positive safety for pedestrtan by melntalning the bike lenes in its present contig~~ration. Commiasloner Herbst stated he would agrae but the Pla~ning Commission ts Just considering this one particuler property ond cannot force off-site Inp rovemonxs on snother p~operty. Paui Singer replted that is not what hr.'s suggesting and all he Is aaying Is that both parcals would have separate driveways by providtng a separate decele~stlo~ lane and thoae off-site improvcments wnuld be the responslbil{ty of the applicant. Commisslone~ Barnes stated the Conrnisston rr.ad the lettcrs the developer wrote to Mr. IWbayashl regardiny their mcetings and ~he understands Che devcl~per's predicament, but the Commisslon has not heerd from Mr. Kobayashi and she wanted to hear why their negot~ations falled. Chalrmen Pro Tempore Bushore stated he h.~s fc~ltngs about why the negotlations falled~ but he felc thet is net the Planntng Commtssion's concern. Commissf~nar Barnes stated she has a faelin9 about it ~lso~ but since there are so mam~ pe~ople Interested in this access tc~ .5anta A~a Canyo~ Rosd and the nursery owner has the only access but is not willing to negollet~~~ th~~t pe~haps he also has an interest In the safety of the ch(ldren. She asked to hear from Mr. Kobayashi. Chairman Pro Tempore '3~shore reopened the publlc heartng. Tom teraoka~ representing Tom Kobayaaht and faml ly wha own the K,oby 6arden Center~ responded to the quastion regardtng the nec,Mtiatlons and stated they came up with what they thought would be a fair ~nd equltoble solution to the problem; that they a~e ve ry much i~terested in the safety of the children, pointing out the nursery does servica a lot of them becausa they come by far soda pop~ etC., everyday. He stated they are stlil trying to a~rtve at an equttat~lc sulutlon; that they had presented their proposal and the developer, subsequently, has rebutted wtth what they are willing to do~ and based on what they have st~ted they wouid do to the nursery~ it would creste an economic hardship and Nould cast them business time at the nurs~ ~r and also thoy wouid loase some of the land on which they are presently storing son-e of their products. and none of those factors have been taken into consideratian In terms pf the mo~etary settlement. Hc stat~cf right now, as far ~s Mr. Kobayashl is cvnce~ned, he Is willing to leave things as they ar~ because he fe~ls he has A good business~ b ut he is in favor of dev~elopfng rhe canter and wants to see the center go tn; howevcr, at chts time they cannat se~n to arrive at an equitable solution whe~eby it would not create an economic hardship on his client. Commissioner Barnes asked tf they are sttll wtlll~g to negatiate and Mr. Teraoka repllcd they are. Commissioner Barnes asked the primary concern of the last proposal wherein they 3aid they wouid construct the parking and asked v+hat the 14obayashl's had praposed. 6/t5/81 MINUTES~ ANAi1EIM CITY PLANNING COMMISSION~ JUNE 15~ 1~81 81-346 Mr. TeraakA staled when they got toqetiier wtth the Langsict representative, they discussed what could be done and presznted a proposal that they would Itke to 1MVe e building reconstructed for them to be part of the centa~ itself and they had thought Lengslet had sald they could do this~ but there were certaln lega) canstraints bnceuse of certaln satbsek requirements, plua the elevatlon of the parcels was different which wc~ild cr•eate a g~eat economtc hsrdship. He stated they xhen came back with en alte~nattve whtch was basicaliy to construct somethi~ig similer on the Koby's existing prnpe~ty; that they checked wtth staff end if they cauld get a condltional use permtt. somethtng c~uld be bullt on that property; end thet they would have to face the nu~sery into th~ center makiny it more a part of the center whtc.h would enhance the centar itself becsuse es It ts now~ the nu~sery is sepa~ste and could have a neyative impact an tl~e center. He stated because Chey would heve to refront the nursery facing the center, it woui~i be less expensive to remove the exlstiny house and build a new butldtng. Commissioncr Barnes asked where the parking would be locatcd if the bullding as proposed wds constructed and Mr. Teroaka st~ted it would be In their parkfng lot pnd the nursery would havc walkways or ramps dawn into the nursery Itself. Ne stated rtght naw the frontege is along Santa Ana Canyon Road and thRy would want to reconstrucc the frontAge so it faces into the center itself. Mr. Resmussen stated Mr. Teraoka has accurately stated the result of the negotiatlons and that the neyottatlons broke down when they talked about constructtng a two-story butlding an the site because that would cost a quarter of a million dolla~~ and that thcy planned to spend something in tl~e neighborhood of $5A~000 and they had set aside a budget for an additional amount of cash to be psid to the nursery owner. but thr amount of cash plus ti~e (mpr~vements was not S250~OOQ and that is the problem. He stated looking at it from the nurse ry owner vlewpoint. there ts no reason for him to change because hc has the bast of both worlds r(ght now with b let. turn in and out and a right turn in and out and he would lose swne pa~k!ng spaces under this plan ~nd hts frc~nt would be disturbed fo~ some perlod of time. He stated he does ~ot bisme ihe nursery owner for being aggressive and that is his right, but taking (nto consideration the proposal~ plus the fact this property is substantially hig;ier, it mi~ht adversely affect hls business. Comnissianer Herbst stated Mr. Singer's plr,n shows the median access potnt closed t,nd the applicant's drawing shows it still open and asked how lo-~g that access will be aval lab le to the nursery. Mr. 5inger replied Mr. Kobayash) has the access point from the east bound ianes from Santa A~a C~~nyon Road only and the left turn access is noc part of hts agreement. He stated the city can clos~ that at any time. Commtsstoner Herbst stated he felt th~t is a crucial point and asked what type of dea) was made with Mr. Kobayashl regarding the ccnter median. Mr. Singer stated i~o agreement was mede as fer as he knows and respondPng to Conmissioner Harbsx's questinn as to when it will be ciased, Mr. Singer stated he txpects lt will be closed in the future, but didn't say when and noted there are two 6/ 15/81 MINUTES~ ANAH~IM CITY PLANNING COMMISSION~ JUNE 15~ 1981 81' 347 such d~•Ive~w~ys o~ Santa Ma Canyon 11,oad and ans one ts west of Qutnt~n~ and l~ad~ to a p~Svate residonce and wi ll eventual ly be closod. Commlsslonor H~ rbst stated if th~t acce's le gaing to be closed by ths city in the imnedlata future~ than th.re mipht not be the galn to Mr. Krobayashl. Mr. Raamussen stated they hed originalty thought thet that was the case but dlscovered it wasn't; that In 1966 the City Council ~esolution gove the nu~se~y owne~ perpetua) rights to that left-turn lsne ~s long as the property Is used ss a nu~sery and ha felt Mr. Kob~yashl thinks he has tt forever. Chatrman Pro Te mpore Bushore stated the Conmts:ion should tolk about what the city is willing to do regarding the access. lie asked if the clty h~s given any other commercial centers in tha srea those acceas rights to Santa Ana Canyon Road~ Jay T~shlro, Associste Planner~ expla(ned cu~rently therP arc two accesses on Santa A~a Canyon Raad~ one is a tempore~Y access on the Rinker p roparty snd the other is at Los Tlendius Shopping Centor which ls ~ drivcway ~greement wlth the city for a right- turn only when the t~affic reeches 2S~~Q0. Chairman Pro Te mpore Bushore esked M~. Singe~ if a rtyht-turn tnto the center can be done wtthout th~t deccler~tion lane safely. Mr. Singer responded he would fee) far more comfortable tf a deceleretfon lano would be constructed because decelerating traffic with the prevailing spead In the neighborhood of ~5 miles par hour gofny into a shopping center without a deceleratlon land would not be recomncnded. Choirman Pro Ter.~pore Bushore asked if e deceleration lane would still be necessery when a traffic siynal goes i~ and M-. Singer replfed a traffic signal Nould have nothin9 to do with it. Chsirman Pro Ten~pc~re Bushore asked Mr. Singer's opinton of the rtght•turn out of the center and Mr. Si~ge~ stated he has a~lweys had probldns v+ith thai proposal because of the necessity of executing a u-tu~n at Fairmont which at the present time is not signalized and would also p~ovide a ve ry short tra~sltion between the point of entry onto Santa M a Canyon Road with traffic crossing eventually thrc,~ lanes to a left- turn pocket. Chatrman Pro Tempore Bushore stated wtthout the right-turn out of the cente~ onto Santa M a Canyon Road~ there are only two places for access. one an Rto Grsnde whlch is realdential and there is no signal planned at Rlo Grande and Fatrnant, so the trafflc would have to c~oss Fatrnant where traffic ia travaling very fast due to the incltne; and the only other access out would be a righx-turn onto Fatrnnnt gaing uphil! snd as soon as treffic gets there, it woutd h•~:~e to cross the left-t~ ~n lane and exacute a u-turn. He asked if u-turns would be prohibited thore and asked how accidents would be prevented with traffic coming down the hill with someone trying to make a u-turn. 6/15/81 ~ MINUTES~ ANANEIM CITY PLANNING COMMISSION~ JUNE ty~ tq81 61-34A Mr. Sing~er rapl ied then (s a stop •ign at tha preeant time on Rld Granda and a u- turn ca~ be exacuted when f t I s se~fe to do so. Chairmen Pro T~mpore Bushore ststed It sounds to him ltke enythl~g the developer has p~oposed~ Mr. Singe~ has opposed. snd anythlnp Nr, S~nger h~s proposed, the develApar hss opposad. M~. Singer replied thst ts why ha came up with an alternste plsn ta aatisfy both propertles with an entry and exit snd deceleratlon lane. Chalrman Pro Tempore Bushore steted fror+ what he h~s heerd from the neiqhbor next door~ Chat mey n~ver hspptn. Nr. Singar statad the alternative would be two opposing eccesses simtla~ to the e xpe~lence with Mr. Rinker with two property awners battling each other and now the city has to carry the ~eault of the batLle. lie stated ha belleved the clty has enough foreslght to avoid future problems such as the one o~ Mr. Rinker's develoFmnnt. Chairman Pro Tempore Buahore stated tw thing he I~as seen in etther pla~~ the city's or the developer's~ will yet satlsfy htm and he daesn't knaw where the sstisfdctory solution cen b~ found; th~t he realizes the developer is sitting on a l~t af dnllars a~d wents to deve lop as soon as poss 1 b 1 e, but he is not sat 1~ f i ed wl th any •ccess F~ seea and doesn't knew where the compromise ts going to be made; that thls is a difficult plece of property because of alt the constraints surrounding tt~ but unless somebody can come up with a suggestion, he would lenve tt as it Is which would put the pressure on the developer snd the n~ighbor next door to come up wlth a solution. Ne stated In the paa~ Mr. Singer has wo~ked ve ry wcll wtth the developars In trying to wo~k out access points a~d felt th a t fs the only way ta corr~ up with an amicable solution. Commtssioner Nerbat stated he felt o~e of the hang-ups is with the deslgnatlon of Santa Ana Canyon Road as an expressway because In tf~e future there wii) be traffic signals at Quintana whore the park is locatad and at Fairmont and at E1 Rancho High School a~~Santa Ana Canyon Road will na longer be sn expresswsy. He asked Mr. Singe~ the cost today of signaltting Fatrmnn t. Mr. Si nger repl i ed the cASt would bes approxi mately S96~00~ and expl a) ned the ci ty has just go~e through the budyet procedure and chere Is no money evailable for any new signais at the p~csent time for the next fiscal yesr of 1981-82. Comnissioner Nerbst askrd what type of fees w~ll be avai lable from this development and stated he felt signalfzattcx~ at th at point will be ve ry tmport~nt to thia developmant and Mr. Stnger replied th e fees collected dn this development Nill be approxirt-~tely $1b~0A0. Commisslaner Barnes stated she felt stgnaltzatlon at Fnirmcnt is important to the community. She stated trAffic is a p roblem~ but a bigger problem is with the schooi children going in every di rection al t over the roads in the area and that p~oblem 6/ 15/81 MINUTES~ ANANEIM GITY PLANNING COMMISSION~ JUNE 15- 1981 81-349 wi1) not be •olved with any •ccess Into any shopping centnr and she was not su~s a treffic signal ot Falrmont would solve that problem. She added a•Ignal wtl) hel~ •nd those kids who wtil cross at tha trsfflc stg~al would be s~fer, but It would not help th~se who would not cross at the traftic stgnal. Sha st~ted she Is not opposed to eccess on Santa Ana Canyon Road or to the shopping center becausa this ts a big comme~clel p roperty snd this center will bonsfit a iot of people. She agreed Santa Ans CanYon Raad will not alwaya be the 55 mite per hour thorouc,~~fare tt is today ~nd the traffic has to be slow~d d~awn In aome w~y. She statad thore wlll be ~n Increase in traffic in the futuro snd that it Is already bed at certsln tl~~a of the day end a signal wlll eventually be required at Qul~tana end et Fairrront. :~he sta:ed ahe would love to see participation between the two property owners for ane ~ccesY polnt a~d th~ clasure of the medtan in Sants Ana Canyon Roa~. She stated she would like to proceed with that ctosure regar~ile~s of wh~t hsppens with this proJett. She felt the relocatlon of the equestrian trat! ts the best solutton And a pe~son riding a horse is out for a r-!de and she did not tl~ink going a littlc further dlstance is ~ bad thing. She stated sho did not knaw what the solution would be for that parttcular pedestrian crossing~ but was sure Mr. Prln~le could wmc up with a safer solutton. She statod the only problr.m she h~s ts that she would like to see a solution wo~ked out with the two property awna~s~ but was nat sure that would h~ppen. Conmisstoner King stated he had the same cancerns as Commisstoner Herbst in that in the future~ in rcality~ thts will not be an exp~essway and that signals ore needed. Commissioner Barnes stated she would lik~ to see these two property ovm~rs rr~ke one more attempt to work out a a~lutlan ~nd she would offe~r a matlon for a two-week continuance and 1f no solution is reached~ then she~ pcrsonally wf -d vote for ciosing the mndtan on Santa Ana Canyon Road and apprava) of a plan simil~~r to thls with perhaps some relocation of the pedest~ian crosswalk. Chalrman Prn Tempore Bushore stated he did not think two weeics wouid solve the problem of negotlations betwacn the two neighbors and probably the only solution wtll ba the developer's desf re to proceed wtth the proJect. Commissioner Herbst stated the problem Is whethe~ or ~ot the left-turn lane going east Is a permanent access. Jack White~ Asslstant Citiy Attorney. stated h~ has not revicwed the agreement recently~ but unless the agreement specifically says the median is to ~emain open~ as a matter of law. the ctty has the right to close and control the median island and to allow access to property ln one cfirection only without legally creating en impairment. Ile stated he would be surprised if the clcy wauld be precluded from closing the medtan. Comnissioner He~bst stated he does no'[ like the fact that thls left-turn access alao se~vices the shopping center. He feit the left-turn rr~dtan break is very important in this dectsion. 6/15/81 MINUTES~ ANANEIN CITY PtANNING COMMISStON~ JUN~ ly~ 1981 Commisstonar B~~nes stated she would like to recommsnding they consl~fer ~lasing tho medien a four-week conttnu~nce sa the develop~r and 81-350 make a ntotion to the City Caunci 1 and she would 11ke to m~ke a motlon for ~elghbor can get tagethe~. Jack Whtte ttated thoie two actions shouid be separ~te items~ Joel Fick~ Assista~t 01 r~+ctor for Pisnning, stated typically che clo~ure of s medien would be present~d in the~ budget proposal alung wlth the other enginoering tmprovements proposed s~a the Ci ty Counci 1 would make the determinetlon on ha~+ Lhose funds wlli be epp~oprloted snd stnce the city is basically through Ita budget proceas for this year~ this Itemr~ould ba presented in the next ye~r's budget heertng. Chalrma~ P~o Tamp~re Bushcre stated he did not think the Commisslon ts talking abaut e permenent closu~e but just a tempa~ery closure untl 1 the funds become avsi lable~ Commlasloner Fry seconded Commisst~nar Barnes's m~tlan for a four-week continuar~ce and MOTION CARRI ED (Chaf nnan Tolar being absent) . Mr. Rasmussen stated they wuuld lika some action on this request today rather tfian a continuance. Chal rman Pro Tartpore Bushore stated the Commi ss ton has heard al l they can and cannot come up with a solutlon and a vote will probably be for denlal and Mr. Rasmussen stated thay Just don't thtnk they cen make a deal with the nursery awner and they have sinceroly t~led. Commfssioner Herbst offered a motlon~ seconded by Commissioner Fry nnd MOili~i CARRIE~ (Cha! rman Tolar being absent), that :he previous motion for a four•weesk cantf nuance be rt3cind~d because he fe) t the ap~ l ica~t has the rtght to e vote today. Chal rman Pro Tempore Bushore statec' some of th~ Commissionera feel this p~e}~ct could have a negative tmpact on the envl •onment anc! it will be hard ta ~pprove the negativT declaration. Jack Wh 1 te expl a T ne~ tfie ~~~ni ss i on has th~ r i ght to dete rmt ne that the negat i ve declaratTon is not appropri~te here .•nd i~ ~uch ~ motion is adopted~ they should d 1 sapprove the proj ec~:. Lhai rman Pro Tempore Bushore asked i f therc was en envi ronmental tn~act ~eport prspareci when the orlglnal study for the sccess polnts was done on Santa Ana Canyon Road. Jack White repll~d that a study was done prlor to the enactment of thG Envi ronmental Qual i ty Act ~n 1q70. Chairman Pro Tempore 8ushore aaked tf that study was being donn today, would an envt ronmenta) inpact report be requl red snd Jack whi te repl ied undoubtedly i t would. Commissloner garnes felt the only real problem is with traffic and she did not think a complete environmental impact report Would be n~cessary and that a traffic study 6/15/81 MiNUTES~ ANAHEIM CITY PLANNING COMMISSION. J UNE 15~ 1981 8t-;51 has beon done which she feit anawars most of the quastions. Commisstoner Herbst agreed. ACTION: Commisstone~ Ma~bst offered a natlon~ seconded by Commtssloner King and M ON CARRIED (Chairma~ Tolar boing absent), that thR A~ahetm Clty Planning Commisston has reviewed tha proposal to cons truct acc~ss onto Sants Ana Canyon Road es a part of an overali access plen fcr n praposed shopping ce~ter on a 6.b acre psrcel located an the southwest corner of Sar~ta Ana Canyon Road and Falrrrbnt Bouleverd; sald access proposed approxtmately 440 feet west of the centerltne of Falrmont Boulevard; and dc-es hereby approve the Negattva Declaratton from the requlrement to prepare en environmentA) tmpect repo~t on the bssts that thera woutd be no significant individu~l or cumulAtivo adverse environmental impact due to the epproval of this Nega tive Derl~ration; that no sensitive environmental impects are involved in the prop asel; that the Initlal S tudy submitted by the pettttoner tndtcates no signific ant Individuel or cumulativ~e adverse environmentel impacta; and that the Flegetive De claration substantiAting the foregotng f(ndtngs is on file tn the Clty r~f Anaheim Planning Oepartment. Commisstoner Herbst ask~d if there is a way the developer could part(cipate (n trefflc slgnallzation to get the signal in nva- and then be retmburscd. Mr. Rasmussen stated the developer would be wllltng to contrtbutn S25~OA0. He stated they understood that signa) wes elready (n the budget and approved for next year and rather than give S25•000 ta Mr. Kobayasht~ they wowld be willing to gtve tt to the city~ tf they could get thelr access approve d. Commtssloner Herbst felt this trafftc slynal Is very impc~~rtant; that he uses that corner ev~eryday and kna+s what is thcre and that a signal is needed nav Just to controi the student trafftc. He statad he feit the school children are more important tha~ the ca ~s and signalizat(an must be instalied at that corner before the shopping center Is de veloped. He ask~d what the target dnte for completion of the ~hopping center would be a~d Mr. Rasmussen repited 15 to 18 months. Commissloner Herbst asked if the developer ~ontributed $25,000 towards the signel if it wauld hel~ the sit uation. Paul Si~ger stated th e problem would be whe~e to get the other $74~000. He stated the funding for new traffic signals has been very poor; that they had proJected $400~000 in revenues from thQ trafffc aignal essessment fees and have only received about 5200,000 and th at federal funds are drying up and the city ts barely malntaining the present signal syatem~ wtthout butlding new ones, and even if he had the S25~000 f~om the developer tavards signalizatlon, the city would still ~ot be able to builc! It until 1983-84 at best. ACTION: Commissioner He~bst offered Resolutio~ t~lc. PC81-127 and moved for its passage a~d adoption that the M aheim City Planning Commission does Mereby recommend to the City Council thet the access pnint to Santa Ma Canyon Road b e approved~ subject to the stipulation thet the C~ty Co uncil consider the signallzation of 6/15/81 l ; MIHIITES~ ANAHEIM CITY PLANNING COFWISSION, JUNE 15, 1981 8~•352 Fairna~t and eiso oonsider cloaln~ ths modian •trip that is now shown on the drawings. Commisstoner Harbst asktd tho helght of tho wall along thA equestrlan trai) off Rio Gr~nde. Mr. Rasmussen replled It would vary from 0 to 10 feet~ depending on the topography. Cortmissloner Ktng asked tf Commlasioner Herbst's concern regardtng the safety of pedestrlans has been seti~fled. Conmissianer Herbst ~tsted he aould ~dd to the ~r.solutlon the~ the design be changed so thet the bike lene will follow the sldewaik onto the prope~ty and not cut across the accass tane except at a designated crasswalk. Chairman Pro Tempore Bushore asked if the resolutlon leeves the deceleretlen lane which may become a moot polnt tf the nurse ry awner and developar cannot come to an agreement. Commissioner Nerbst stated making the motl~~ that the c~nter divtd~r be closed msy e~courage the ~ursery a+ncr to take another look et the situatlon. Jask White cle~ifi~d thot the resolution wlll reconwnend to the City Council that the revls~on to the Santa Ana Cenyon Road Access Points Study be approved, condltloned on the closing of the medien island and the signalizatton~ understanding that these are both city expenditure items. Commtssicme~ Nerbsc added that che dcvelop~r will contribute S25~OQ0 tawards the slgnalization and Commissianer Barnas felt th~t emount should be ~termined by the City Council. Co~1: '~ner Herbst pointed out the cleveloper has stl~ulated to S75•OOQ at this hearfns and if the Counctl wants to change it~ they heve :?~at prerogotive. Joei Fick~ Assistant Oirector for Pianning. stated the staff report suggests Mo other condltions; 1) that prior to the tssuance of the bullding permits the developer s~b mlt speclfic plans to the Commtssion for approval; and explained currently this ts prob~bly the only commerctal sfte in the canyon area that does not have that condltion; and i) that the developar subn~it~ prlor to (sswnce of bullding pe~mits, x~•~~fic circulatlon plans t4 the Traffic Engtneer fe~r his approvel. ~c.~•~~ssionar Herbst steted thosr two conditions should be part of his resolution and poi nted out no roof-mounted equi pment woul d be. permi tted. Mr. Rasmussen replied he •~•• -~~rstenas that and al~,o stated he thought thare ~vas saae sort of confusion cancerning the de w lerattan la~~e an4 expialned the deceleration tane as shawn wlll ~~ be irtsta?ied on Mr. IGcbavatihi~s property. Commlastoner Herbst stated maybe tha pla~s could be redestgned if the~r cane to an agreement. Ne steted he likes th~ pi~en except fo~ the left-tur~ pocket. 6/15/81 MINUTES, ANAHEIM CITV PLANNI!~G COMMIS510N~ JUNE 15~ 1~81 81-353 On roll c~il, the fo~egoing resolutian was passed by the follawing vote: AYES: COMMISSIONERS: BARNES~ BOUAS, HERBST~ KING NOES: COMMISSIONERS: FRY~ BUSHORE ABSENT: COMMISSIONERS: TOLAR Commissioner Harbst offered a motlon~ uecanded by Commissione~ King and MOT14N CARRIEO (Ch~lrman Tolar being absent and Commissione~s Fry and Bushore votl~g nol, that the Mahri~ City Planntng Commissian does heroby r~command to the City Counctl khet Counct) Pollcy No. 201 be waived pertai~ing to openings in the divide~ strtp. Jack Whita steted these mrtters will eutomattcnlly be ~eferred to the Ctty Counci) fo~ ' further review and that nottces of the time and d~te of the Clty Counci) meetinga wlil be given In tha same manner. ~ITEM N0.~ : EIR NEGAT MP~R IT N0. 219 ~~- TION. WAIVER OF COOE CONDITIONAL USE PUDLIC HEARING. 01JNER5: MELODYLAND SCM00~ OF THEOLOGY~ 173A South Clementine Street~ Maheim~ CA 91a02. AG~NT: DIVkRSiFIED .AIJUFACTURII~G AND E~~GiN~ERING~ 16a91 Construction Circie West~ I~vine~ CA 92714. Proparty descrlbed as a rectengularly- shaped parcel of lend ufnsisting of epproximately 0.72 acra, 1732 South Clementlne Stre~t (Melodyland Schaol of Theoloyy). Property presentiy ciassifled Nl (II~DUSTRIAL. LIMITED) ZONE. CONDITIONAL USE REQUESY: TO PERMIT A GVMNASIUM IN CONJUNCTION wITH AN EXiSTItJG PRIVATE EDUCATIQNAL INSTITU710fi uiTN WI~IVER OF MINIMUM LANDSCAPED SET9ACK. SubJect petltion Kas continued from the meetin:~s ~f May 18, 1931 and June 1~ 1~61 at the request of the petitioner. It was notcd the petitioner was not present and this actian was taken followtng Item No. G. ACTION: Commissioner Flerbsi offer~d a motion~ seconded by Commissioncr Barnes and MO ON CARRIED (Chairman Ta1ar being abse~t). that canside~otion of the aforementlaned IteM be continued to the regularly•scheduled r:ieeting of J~ne 29. 1991. due to the petitloner's absence. ITEM N0. 4: EIR NEGATIVE DE TION I~~CLASSiFICATION NO . N . . -8~-~, uaiv~a oF co~ PUBLIC HEARING. 041NERS: SPEECH AND LANGUAGE OEVELOPMfNT CEN'I'ER~ INC. ~ MARGARE'' WAT'.INS, 1451 Quail Street. Newpor! 8each. CA 92G60. AGENT: OSCAR E. wHiTEBOQK. P. 0. Box 314, Yorba Linda, CA 9268Fi. P~oporty ciEacribed as e rectanyut~+rly-shaped parcel of land consis~tng of approximateiy 0.2~ acre~ 135 South Loara Street. R~CLASSiFiCAT10~! REQUEST; RS-M43~000 to ML 6/15/81 ~ ,,. t i j MINUTES, ANAFIEIM CITY PLANNING COMMISSION~ JUNE IS~ 1381 81•3~N CONDITIONAL USE REQUEST: TO PERMIT AN AUTO STORAGE FACILITY WITH WAIVERS OFi (e) MAXIMUM STRUCTURAL HEIGM'f~ (b) MINIMUM SIDEYAaD SETBACK~ (c) REQUIRED SITE SCREENING. SubJect peticion was continuad from the meeting of May 18~ 1981 et the requea of the petitloner. Thero • s no o~a {ndiceting their presence in oppositton to subJect request~ and althaugh the staff report was not read~ It la referred ~o and made a part of the minutes. Osca~ Whitebook, ~44 Lakevteyw, Yorba Linda~ steted there was a question at tha p revious maeting r~ga~dln9 the rolocAtlon of the gate in order that vehicles entering the property wil) bn con,pletely off the street; a~d that there we~ alao a questio~ ~egarding parktng spACes. He stated he believed both of xhese questions had been rssolved to the compiete satisfaction of the petltloner and the ctty. Nn stated they have atso setisfled the school's concern and that both of hls netghbors agree with thia request. THE PUI3LIC NEARIHG Wf1S CLOSEO. Gommissianer Herbst askad thr nur~ cr pf vehicles to be stored on the property and Mr. Whitebook replied thare would be a rtwxtmum of 10 cars stored but probabiy less; that the p18ns sha+ storagc of 10 cars whlch stlll leav~s 6 space~ In accordancQ wtth the requlrements fo~ the rest of the operatlon. Dean Sherer~ Asstscant Planncr~ stated the petitloner's revised plans show that ~ncrorporated into the tndustrial building will be areas for both offices and warehouse and a 500-syuare foot assun~lylnc~ area and based on the square footage teQuiroments of those uses~ 6 spaces woutd b~ requtred tor either cuscaners or employees and tf~ere arc elerrR~: tota) spaces evai lable on tht property. with 5 spaces remslning for the purpoae of storing repossessed autoroobiles. Mr. Whitebook stated they understand the property is alde e~ough to have the vahicles one behind the other which would permit the storaga of 10 vehtcies in 5 spaces. 11e expleined the prope~ty is 72 feet wtde. Comnissiorc~ Herbst explained that would ~liminatc parking o~ the ather side of the d r 1 w5w ay . ~; Mr. Whitebook statad thC requirement is for G spaces~ but th~ey only need 3 spaces for employeas because there are only wea people invoived in :he assemb) ing work and one in the offlce. He steted they woujd not have t.~ put cars o~ the curb temporarily because the ma~agtr of the essenbli~g operatlons plans to llve in the resldence and o~ the adjoining parccl and there would be room for parktng there. Chairmsn Pra Tempore Bushor~ stated with the two properttes conbined~ there wiil be more than enough ~oom. Mr. Wi~-ttebook ~eplied the properties were not combined because pao~+le going i~ta this b vslness do not have enough maney to purchase the 6/IS/81 MINUTES~ ANAMEIN CITY PLANNING COMMISSION~ JUNE 15- 1981 a~•355 whole property at once~ but f f the ttme comes whan they da expand~ they would probably buy the whola thing for indust~ial use. Chelrman P~o Tempora Bushore statad he fait the site was being tmpacted wtth these uses and that cars wi11 be psrked bumpe~ to bumper; and thet before the haering ha had felt he would support the request for s n-~ximum for 5 cars~ for the repossession busi~ess for a period of one year~ but from what he Is haaring now, the petittoner ls not even willing to ltvo within the orl9inlal proposel for 5 vchtcles to be stored on stte. Mr. Whitebook stAtcd they hsve 11 perking spaces and since they wili only need 3 for employoes~ the ro wil) be 8 spaces left for the storage of repossessed vehicles. Cheirman Pro Ter~re Bushore stated the Conmissio~ cannot make that asaumptlon and he felt the petlttoner is reslly askina for a walver from the code. Mr. IJhitebaok aaked if the requ~st would be more accepteble. if they cut back the storege to 5 vehicles. Chairn~a~ Pro Tempore Bushore ~aplied that wouid have satisfied him in the begtnning~ but it would not now because he knaas a little ebout the repos~ession buslnessa snd if the, ~epossessor gets calis far 10 plck ups, he wlll pick up i0 vel~lclos regardiess of whet the permtt says and will store them on the prope~ty. tle stated the petitiane~ haa not satisfled his concern with these two ~~es on the property and noted orig{naily hc had thought the usc was stmply for the storage of automobiles. Commissloner Barncs statcd all the Commisstoners a~e Horrled about more than 5 vehicles on the property because they think they wili be pa~ked o~ the ~trret or the employoes w) 11 perk on che street ~nd t t wi 11 impact the area. Sha ssk~d i f tfie petitianer could abtain a reciprocal parking agreement with the prope;~ty to the south. Mr. 1~Ihftebook stated the~y could have such an agreement with the prope~tr di~ectty to the south because they are awned by th~ same a+ner. Chatrman P~o Te mpore Gushore did nnt think a reciprocai park{ng agreement with propcrty to the souc'~ would be possible because that would necessitate that p~operty also having a condttiona) use permlt. Mr. ahitebook stated he is not suggesting they sto~e vehtcles on that residentlal praperty but simply if p~rking Is needed, the emplv~ees cauld pa~k there f rom 8:00 e.m, tp 5:00 P.m. Responding to Ghairman P~o Tempore Bushore's question, Mr. Ivhltebook explslned he understood that he could not have a conditional use permit or varlance requasted on the property to thE south because one Is zoned residenti~l and the other is zoned industrial. Ne could not nven ask for employee parking tn thet area. 6/15/81 MINUTES~ ANAIIEIM C11Y PLANNING :OMMISSION~ JUNE 15~ 1981 81-356 Jack White cxpleined ~f thn off•:treet pa~king for each of tho two usea wes not adequata fn Itself and if there ls additionsl parktng not requtred for ane use~ then there could be an aqreement. Mr. Whitebook stated he woulcf be iliing to make thet stipulation. Commtssloncr Barne~ statad she would be wtiling ta offer a motton for approval subject to a reclprocat agreamant beln~ acceptable to the Planning Department for employee parking next door. Chalrman Pro Tempore Bushere stated there wil) be no problem slnce the property has the same awner a~d asked if ti~e petitioner would be wilitng to te~minato athRr conditlonal u~e pern.lts that go on the p~op~rty next door such as the pre•schoot. Mr. Wh i tebook rep 11 e~d I~e wou 1 d have no probl e m te rmt nat i ng those permi ts . Chat rnisn Pro Tempore Bushore asked that a one-yna~ ctme iimit be placed on the spprova) of the tmpoundtng operatton and Commissionc~ 8arnes aqreed that would be acceptable. ACTIOt~: Commtsslo~cr Barnes offered a motion. seconded by Cammissloner King ~nd N CARRICD (Chalrmen Tolar betng ~bsent)~ thet the An~heim Clty Planninq Commission has reviewed che proposal to reclassify sub)ect property from the RS-A- 43~OQ0 (Resldentlal/Agriculture) tone to the ML(Indust~lal, Ltmlted) Zone to permtt rn autoawbile'storaye facitlty with weivers of maximum structura) height, minlmum sideyard setbeck and requlred stte screening on a rectangulerly-shaped parcel of land conststing of a~proximatety .20 acre hevtng ~ frontage of approximately 72 faet o~ the west side of Loara Street (135 South Loara Street); and does hereby approve tha Megative Declarat(on from the re~utrert~ent to prepere an envlronmental tmpact report on the basts that there would be no signlficant indfvtduAl or cumulatfve advers~e envi~onmental impact due to the approval of this Negative Declaration s(nce the Anah~tm Generai Plan designat~s the sub}~ct property for medlum density restdent(al lend uses commensu~ate Nith the proposal; that no sensittve envtronmenta) impacts ere involved (n thc proposal; that thc Inltial Study submlttcd by the petitioner tndicates no stgniflcant tndividual cr cumulativt adverse envl~onmenta) impacts; and that the Nagative Ueclaratlo~ sub~tantiating the foregotng findings tg on filo in the Ctty of Anaheim Planning Deparcment. Comnissloner Bornes offered Resolutiors No. PC81-128 and n+oved for its passage and edoptlnn that the Anaheim Cfty Planning Conn+tssion does hereby grant Rectassification fb. $0-81-36 subJect to Interdepart:nentai Committee rr.conrn~ndations. 0~ roll call~ the foregoing resolutlon was pdssed by the following vote: AYES: COMMISSIONERS: BARNES~ BOUAS~ BU5110RE. FRY, HERaST~ KING NOES; COMMISSIOtJERS: NONE A85ENT: COMMISSIONEPS: TQLAR Coamissioner Barnes offercd ~esolution I~b. PC81-124 and moved fo~ its peasage and adaption thai the Maheim City Planning Commisston does hereby grant Cond(tlanal Use 6/ 15/81 MINUTES, ANAHEIM C11'Y P4ANNINQ COMMiSS10N, JUNE 15~ 19$1 81~357 Permit t~o. 2217 for a pertod of one year, subJect to ~evlew~ to parmit a meximum of 5 vehicles to be storad on the property far tha purpose of repoases~ion operetlon and a rsclp roca) pa~ktng agreamant executed to provida pa~kir~ on the proparty a~d~acent inrnsdiately to tho south~if naeded~ta be submitted a~d Rpproved by the City Attorney'r office snd on tha conditlon th~t all axtsting condittan~) use permits sh+~ll be terminated on the property to the aouth pursuant to Secttons 18.03•030; .031; .032; .033; .034 end .035, Title 18 of the Anaheim Municipal Code and subJec! to interdepartmental Conmfttr~s raconwnondations. On roll call~ thes foregol~g resolutlan was passed by the follawtng vote: AYES: COMMISSIONERS: BARNES~ 60UA5~ 8US110RE, FRY~ HER657~ KING NOES: COMMISSIONERS: NO~IE ABSENT: COMMISSiONERS: TOLAa RE,CESS Theres was a ten-minute recess at 3:00 p.m. REC~NE The mectiny wss reconvened at 3:10 p.m. ITEM N0. 5: EIR NEGATIVE DECLARATION WAIVER OF CODE RE UIREMENT ANO CONDITIONAL USE ... ..~._.. PERMI T N0. 222 : PUBLIC HEARING. 041NER: IIERBERT E. AND ELIZABETFI C. CNRISTEf~SEN. 730 Southe~n Avenue~ Orange~ CA gz665. Propeity descr(bed as a rcctangularly-shspad parce) of land consisttng of approxtmately 0.3 ec~e. located at the southwest carne~ of Carritos Avenue and 1Jainut Street~ 1200 West Cerritos Avenue. Property pres~.ntly classlfied RM-1200 (RESIDENTIAL~ MULTIPLE•FAMILY) 20NE. CONOITIONAL USE RERUEST: TO PERMIT A DRIVE-THROUGH RES7AURANT 1JITH WAIVER OF MINIMUM NUMBER OF PARKING SPACES. SubJect petitlon was continued from the meeting of June 1~ 19~1 et the request of the potltioncr. It Nas noted the petitioner has requested tha petitlon be co~ttnued to the meeting of June Z9. 1981. AC~TION: Commissioner King offered a motion. seconded by Coirmisstoner Nerbst and lIOTION CARRIED (Chairman Tolar being absent). that the aforementtoned iten+ be cor~tinued to the regularly-scheduled meetin; of June 29~ 1g51, at the requ.~.~t of the petitioner. 6/~y/81 ~~ i MINUTES~ ANAHEIM CITY PLANHING COMM!aSION~ JUNE 15~ 1981 81-358 ITEM N0. 6: EIR GATEGORICAL EXEMPTION•CLASS 8 AND CONpITIONAI USE PERMIT N0. 1535: ~w~ ~~~~~~o~~~r PUBLIC HEARING: PETITIQNERs CITY OF ANAHEIM: Under authority of Cade Sactlon 18.Q;.Og1~ the City proposad ta rovoke Condttlona) Use Permit No. 1535 for failure to comply with tha conditlons ot app rowi on pro's~ey ~ocat~d at lfl! North Brookhurst st~e.t (Chr: ~~). There wsro p~t+oxt~t~ly sixty p~r*ens iMlcatl~p tMir pht~op In ~votltlo~ to sub,ject revotstlon~ +md two persons lndtcated thelr proaence In favor of the revocdtlan a~d elthough tt~e :taff report was no~ rcad~ it Is referred to and made a part af the~ minutea. Chalrmnn Pro Tempare Buahore explained tl,is ls a request by the City of Anaheim to ~esctnd Condltion~) Use Permlt No. 1535 for property et 1112 No~th Brookhurst Street and will be a reversal of che previoua he~rings in tt~at the city ttself ts the spplicant an~l those (n favor of keeplny the condlt(onat use p~rmlt would be the oppasition. Jack White. Asststant City Attorney, explalned this matter is tha result af a report submtttad to tf:e Planning Commission by thc Police Oepartn~ent deted Aprtl 22, 1981~ relating to actlvttles ovnr a perlod of time uccurring at the Chez Pa~ee Ber; that the Ca mnission has a copy of tha police report submitted by Lt. Dale Wllcox and a co~y of cliat report is available tu the publlc. Ne explalned Conditional Use Permtt No. 1535 Wes issued by th~ Planning Corrmisslon on May 12~ 1~75 to permit on-sale alcohottc bevGrAges in conJunctlan wlth an existing r~staura~t and there Is another conditlonal ust pcrmit lssued by the Ctty Councll whlch Is not being ~ff~ected by today's hearing. ~le sta[ed ttie p~rimetcrs of tocioy's he~+ring are. And the evidence to bc received (s~ wl~ethcr ~ar not thc use of the p~operty hrs bcen sa exercised as to be detrimnntal to et~e publlc I,ealth o~ safety or as to conscftute a publtc nuisance and this criteria ls set forth ln Section 18.03.092 of th~ Munlcipal Code a~d all testimony should be directed tawerd thosc issues only. Chairma~ P~o Ter.~pore ~ushore rCferred to Item It, p~9e G-b of the staff report In which under the orig(nal use permit. chc us~ was a restaurant and now that use has changed and asked 1f that is also a questi~n. Jack White replied the only questivn the Comml~sion hrs today is the conditiona) use permit that allows on-sale alcoholic beverages in conjunctio~ wlth a rastaurant. Chairman P~o Tempore Bushore ascercained that approxlmately 20 peo~le wished to speak and stated it is not necessary to repsat son+ethtng that someone else has said and that thc Conunlsston wants to hear both sides and reallzes thls is e controverstal i ssue. lt. Dale Wtlcox~ Ansheim Police Department~ stated the cover sheet on the reporC submf tted was d~ted Apri l 22 and th~e profi Ic was dated March 3~; that since that tirne he has been informed that thare heve been three anonymous calis from resldents in the area and a Mayor's Hotline complaint dated June 8~ 1981~ from an anonymnus catler who stated that he was in the bar on three separete occasions and ref~sed to identlfy himseif because he feared reper•cussions; that the caller seated he was not at all Qleased ~-tth what he heard and what he sar+ and ctaims are that wornen are picked up~ drugs a~e pushed and it has bescome a motorcycle ha~ngout and the residents around the area are afraid to speak up because of chr~ats. Robert A. Von Esch~ Jr.~ atto~ney~ 1~00 ~lorth Harbor, Fullerto~~ stated he represents Mr. Campregher~ owne~, that what he has to say aould not ~eally be evidence because 6/15/81 MlNUTES, ANAHEIM CITY PLANNING COMMISSION~ JUNE 15~ 1981 81-359 he wa~ not a pa~ticipent of any of these lncidents~ but would merely teli the Commission the thtngs that he does kna+ •nd then ellow the other people In the audimnce to speak~ (~cludiny Mr. Cempregher hlmself~ en alderiy wc>man who has opa~ated the bar when Mr. Campregher w~s recently an vacetlon~ an emplc+yee of the City af Anahalm who frnquenta the bar, etc. He expl~lned he did not knew exactly what these people wii) or will not say because he hud not had the opportunlty to dtscu~s it wtth the:m end they came he~e volu~tarily. Mr. Von Each stated this Is a discusston a~bout en operatlon of e ber and about rewktng tha conditionai usn permie because the ber constltutes a nutsance; that he would suppose there may be many who would merely Indtcate lh~t any bar {e ~ nulsancc and ts a place in thair minds~ to collect "stnners"; that some sort of activlty ca~ be expected f rom time to time tn any bar. or perhsps i~ any busincss establishmnnt~ referring to recent dlfflGUlty st Olsneyland, and stnted there a~e stabhings, klllings~ and assaults in various hanes in our nelghborhood. !ie stated as long as thcse inctdents eren't regular common things and h~ve happcned ~ver a perlod of time~ they are not grounds for revocatien. Ne stated the Cortmissioners may thlnk somc af t~~e patrons of the bar loak like a nouqh crawd and they const i tute a nui sance ~ but remi nded the Camnt ss lon that meny sai d the same thing a fcw yeers back about people wlth lonc~ hair end places like Dlsneyland end Knott's Berry Farm rcfused ta admtt th~m~ end the sa~e Is true pe~haps more recently wlth respect to beards. Mr. Vo~ Esch stated some of the patrcx~s of this ba~ do drive mato~cycles and they may belcng to certatn motorcycle organizatlons~ but he did n~t think tt's up ta the bar owner to decermtne what thet r background rr~y nr may not be; that the people who f~equent the bar ares of all sorts of occupatlons and froa~ all phas~s of life besides bikers. Ne stated after bctng r~tained by the owner~ he ~requented the brr slx times without any notice, at various hours and sAt there eac~ time wtthout tdentlfying himself for at least 45 tninutes and he didn't see snything gotng on that was different, i~cluding n~(se and other actlvittes, thsn he would see in arry ati~er neighbo~hood ba~ in the Ctty of Anaheim. Ne added he Is not oomparing this bar wtth a bar perhaps in the Marrlott Ilotel where drinks arc S2.00+ end stated obvlously it doesn't cater to the same people Kho are witling to pay only one dollar. Mr. Von Esct~ stated Mr. Campregher hss avned tha bar for about 5 years bnd the bar was tn operatlon for some years p~lor to that and he merely toc~k over an extsting operation; that th~ owner llves about 1-1/2 btocks eway so he Is readily evallable for any diff(culty; that he~ outside of one incident. 1s rathar a madel cit~ten, perhaps more than most; that he ~oesn't smo~e, drink or use drugs, and is perhaps much more of a dl,ciplinarlan and has better control~ particularly constderi~g the type of the bar, than most awners o~ bartenders. Mr. Von Esch stated the basis of this revocatlon apparentiy is on the police report of Lt. Wilc:ox and he did not knaw whether what he has done is Just or unJust. He ~tated these so+ne 64 incldents ga back 21 months and would be an sverage of 3 per month; that he did not know whether they started zeroing in nn hlm aver the last year or not: tha~t 16 of the inciclents are drunk in public and that ts less than one a 6/15/8t NIt~UTES~ ANANEIM CITY PLANNING COMMISSION~ JUNE 15~ 1981 81•360 month •nd ha thou~ht that la hardly shocking or hardly a ~ulsanca for a bar~ and felt certeinty tf they are cancentrating on It, tt is a much more exempl~ry result than many och8r b~rs would shaw. Mr. Von Each referred to the propertY tacetton descriptlon In the steff repart and atated it ta a Iittie decclving bacause (t refnrs to a smali frontaqe on Brookhurst and a larqa fro~tege on La Palme, but the bar and tha buildi~g whtch houses tt does not front at all on l.a Palma and ~ecause of a Chov~on station with r~ car wash which has a wall~ ~obody traveling La Pelma couid ~sslbly sec the building. Ne elaborateJ on the ares~ explalning his cllant hss ~o Interest in the liquor stare which f~onts on 6ronki~urst. Ile expleined the entrsnce ts normaliy off Brookhurst. Mr. Von Esch referred Co the 1G drunk tn publfc incidents end stated mast of them are perheps findlny a perscn whq the officer clelms was drunk in public ou~ In the parktng lot. and a few were pickcd up (ns!de ths bar and some of those were thr result of somabody calling tho potice or the police coming to the bar to make a usual b~r check. Fla steted sar~ of che re~~orts wer•e not avat lable and i c was a very palnstal;ing search and scxneone else dld the ~i~.tual searcli. He referred ta Item ~~ of the report and stated the officers CAf!1C~ were not callecl~ end apparently then took sort~bady out th~t was alienedly drunk In public; ltem 8 was samebody in the perkiny lot; Itsm !3 was s~sbody s(ttlny on a motorcycle tn the parking lot; Item 14 was when the bartenckr refused to serve a patron who was apparentty drunk and perhaps wa5 going to get unruly. Ne addr.d he th~ught thAt was commendable of the bertondar. He stated the report for ftem 1G doesn't even mentlon this bar and refers to a person drunk in e car parked in a red zone at 840 North Brookhurst~ over threc blocks away; Item 21 wes somebody they sew inslde the bar and the office~s came in and mad~ the arrest and were not called and there was n~ apperent unusual activity; Item 13 wes (n the parking lot; Item 2~+ rerers to a vehicie betny impounded and there was ~o m,~ntion of a drunk; Item 2n dtd not mention whether It took place i~side or outside thc ba~; report~ for ttems 31~ 35, ~nd 36 and 51 were not available; ItCm 41 was a drunk pcrson urinattng at the rear of the liquor store, three stores down. He added hc dtd not knaw whether Che person had originally vtsited the bar or not, but in any event, the activity was certafnly out of th~ area of the bar; Item 52 is an Incident whe~e the bartender called to have the arrest; and there is no report for Item 63. He stated the nurrbe~ of drunk in public inctdents do not appear to be anything unusual, but comptllnq ther~ back 21 months makes the ltst look horrendous. Mr. Van Esch stated to his knowledge and to the owner's knowledge that unttl he applied for a permit to change his CUP rather recently. nobody eve~ satd that if he kept up this activity~ he would be i~ troubie. Hc asked how the owner would have knawledge of what arrests e~e beEng made tn his parktng lot. even if the position ts taken that he has some responsibility to supervise it etther with hts awn pollce securtty or otherwise. He atated It Just seems that i~f this llst has been going on for 21 months. that some+ahere along the line som~body would have said samething before taking tnis drastic ection. He stated the owne~ has over S100,U00 invested in this business between th_. iiquor license and other personal property~ and until the letter was aent~ he was not msde aware of the probtem. 6/15/81 MINUTES~ ANAHEIM CITY P LANNIN4 COMMISSION~ JUNE 15~ 1981 81-361 He refarred egaln to th e po11~e report and •tated 9 of the (ncidents took place alsewhe~s; th~~' Item 3 sha+s tha suspect flod an ~cctdent et Euclid ~nd Romnoya which Is some long o~~tence a~d thnro is no mention of a~ylhing to da with the Ches Pa~ee; Item 9 la e burglery report~ egain, dealinq with nothing r~lat~d at the bar; Item 16~ one of the drunt. In public p~eviausly mentloned of a drunk tn an automoblle at 800 N. 6~ookhurst; Itam 17 ts e pnrson maktng a ioft-hand tu~n onto La Palnrs and apparentty cut off a ca~r~ and th e officar pulled the auspect over and aftcr he stopped htm~ found e conce~led weapon; Item 27 is drivina under the (nfluence on Le Palma, oast o! arookhurst. Ha felt to relate thAt back to the Chez Peree would almost b~ like asking evary person st opped for drunk d~iving whore he had boen d~inktn,y end then beyinninc~ to compilc sara statisttcs so th~t that bor cen be closed and asked what control the owner woul ci hAVe in I:cepinh the person from gaing Into the eutamobi la; Item 5G was p~ssesaton of stolen pmperty et GQI Nor[h Lemo~; Item y9 deals wtth assault and bat[ery at 11(~0 North Kracmer; ond Items 30 and 3f~ are drlvinc~ under the influence, people drivin~~ an the publlc I~iqhway. M~. Von Esch stated th ere are 13 tncidents whlch he would say are yuestionable. Item 18 was s~posedly so mebody with a concealed weapon and it turns out that the waapon was a kn i fe wh 1 ch was retur~ed to tl~e s uspect and i f t t was an i 1 1 ec~a 1 kn I fe ~ t t evould not have been re turn~ ro the suspect becausc there are c~de sectlons provtding for disposal of tihose icems; Item 26 noces the case was cleared, no vlolatlon; and I tems 47~ 48 and GO had to do w i th pl nbe) 1 perml ts . He stated the oparator had th I s bdr for a nunb cr of y e ars and has had a pool table and ptnbafl machine and r-abody sald anything and then all of a sudden when it looked like eve rybody was wanting to close i~ on him~ they sterted talking about these permits. He stated ho woutd noL cell these true tncide ~ts because he could ha~re gotten a pe~mit. Items 7~ 10. 11 and 33 have to do witl~ altered vahi~ular identlfic~tlon nunt~ers end stated assuming the vehicles were alte~eci. they ere not being oltered on the premises; and this ts somebody parking tlieTr vohicies in tha psrktng lot and the offlcers making a check and fi~ding out they don't have a registration or they have an Altered t.d. He asked if that Is sanething thebartender or avner wouid have control over. He asked if the Commtssioners have known a barcander or an awner who hsd a vehicle check before aliowing them to come into the bar. He stat@d one report seys the detective asked the sargeant to report to ht m whenever he found a larga number of bl kes parked out i n front of the bar. and one night thcy got the call that thera wore 32 nbtorcycies parked there, so M ah eim sent 12 officers and hAd Fulle~ton send 6 officers and they spent almast two hours examining motorcycles and impounded one Honds and the next day the own~r gat whatever he needed from the DMV and got it released. Mr. Von Esch stated item 44 was a phone call that somebody threatened ta blow up the bar and i t was reported to the Anahef m Po l lcc. Ne added these threats are made qui ta of ten to many ~ub i i c b ui Idi ngs ~ but they are not closed dawn and don't have th i s repeat acttvity. Ne explained Item 58 was a werrant for the arrest of the bartender a~d explalned many of those ws~rants involve activtttes that took place elsewhere, f or example. a ca~ pa r~.ed overnight where forbidden~ a citatton issued and if it tsn't petd~ a warran t issued. He stated in thls instance the warrant was served at the Chez Paree and it could have been served at his home~ but it is shown on the report because they made the service at the bar and thet some of the warrants msy have involved acttvit~- (n the bar. 6/15/81 MINUTES, ANANEIM CITY PLANNIN4 COMWISSION~ JUNE 1S~ 1g8) 81-362 Ha •ta~ed I tsm 24 dna 1 t w 1 th somebody dr) nking csnned bee~ out~ 1 de and the b~r doesn't ~el) canned baer. He sta~ted ~ome of the tncid~nts wern of a rn~re sertous natu~o ond refe~~ad to a murder in 1973 and explained Just as the ber was going to close~ thore was a stabbing end that there were two or three othe~ typea of aas~ults In that 21-mdnth perlad~ but that is the type of activicy thet ts dtfficult to control and stated he Is su~e it takes p teco in othe~ placas of publ ic amusement and other bars. fla referred to Itoms 37 and 40 and a couplu of othcrs whtch clealt wlth druqs and stated they ai1 took plece outside the bar and felt It could probably be found there were mw~~y rmre arrests for use or possass lon of narroti cs af one naturo or another i ~ tho loeal schools. He felt takfng ~~to considerAtian thet this is considered ~n undest rable element. and consldcriny the nu~e~ of months~ and number of arrests for other things whtch would i~ave Involved soarchas of thc suspects~ coming up with that few narcotics arres;s is pretty goad. Lt. Wi 1 cox stated there have been references made concerning where some of these incidents accurred and polnted o~t I tems ~4, SS and f,i relAte to narcottes sAles in tha bar; and Chot I tem 57 is oral copulation I~ the bar. tie atated the fact thts report is trytng to polnt out is that thCSC Ineldents are docunx~nted and have occurred at this location and I t doesn't matter wheCher the bartender or pat~uns called tha polic,~ or wh~ther the pol ice observed the incidents or police acttvity whtch has occur-eci et this bar. Lt. Wi lcox stated he a~d Vice Sargeant Barry n~t with Mr. Cerr~reghar at the Maheim Police Department on June 30~ 1980; that Mr, Camp~egher had made ~ complalnt regarding an IncldQnt that hed taken place and also indiceted a destre to clean up thc ac~ivlty, but had sQen some improper cond~+ct of t~ie police ofticers. He stated M~. Campreghor was Advised at that time how a complaint should be filed. He explained Mr. Campregher• was spectficilly complaining ~bout an officer and severa~ different Incidents which he felt took place because of a disngreement with that parti eular officer. and he b~ought the citations issued by that efflcer. Lt. I~li lcox stated he advised hlm he would take that matter up with l.t. Mitchell in the Traffic Bureau. wh{ch he did. Lt. Ni lcox stated Mr. Campregher was advlsed at that time af documented problems at that 1 ocation s I nce he Abtal ned aw~e ~ship and that I tems 16 thraugh 63 of the report have oecurred since June ;`~ 1980; that hewas advtsed of ~ incidents of drunk in public, 1 of d~~gs~ 2 burgl~ries, 1 ADC vlolatlo~, 1 urtnating in public, 1 dtsturbance, t altered nu~er on a n~otarcycle. 1 assault with a deadly weapon and 2 resisting (ncidents~ that he was also advised that the responsibilliy of changing the image of the bar was hls; and thai the Police Oepartment would asstst in anyway possib le; and that he was advised that refusai to cooperate by customers and ert~ployess would not be toierated. Ne stated Mr. Campreyher stated at thai ttme that he wo~ld Iike to ~id tfie bar of svme of the motorcycle clubs. but feared r~tai i atlon. 6/ 15/81 MINUTES~ AWANEIM CITY PLIWNING COMMISSION, JUNE 15. 19g1 81-3G3 Lt. 4ltlcox state d Mr. Canpregher was advisad the Poilce Depertment w~s concerned •bout the actlvtty at the locatton a~d would be doin9 whstever (s necessary to curtull it p~io r to any further ~~cal~tlor~ end he wa givcn Lt. Wllcox's business card and advised to csll tf asalstance was neaded in any area concerning the bustness~ but to dete he hss not tAlked to Mr. Camp~agher. Lt. Wilcox state d he folt that Juno 30th meeting waa mutuAlly beneficia) as he had a desire to run th~ businesa with es few p~oblanrs As poss(blc. FIB stated he belteved they had pointed out the changa~ that are needad. l.i. Wt lcox stated tMe drunk in publ ic Incldents have been referred to as bel~g minor end expected tn a bar; thet one of tha d runk drivtng errests waa of a person seen leaving this ba r; end that police car windaws w ere kicked out on the parking lot after two of the arrests were made. Lt. WI lcox conti nued he be) leved the Pol ice pepartment has tried to work with Mr. Cempregher and th ~t tha menting an June 30th identifled somc ~f the probl8ms~ and stnce th~n there have bean a nurtt~ar of documented incldents and these arn not (ncidents crnated by the Polica Department and are reportsd on factual ~oports. John Bob Campregher, owner of the Chat Pareee~ 1112 N. Brookhurst' steted he dld Ca11: to Lt. Wt lcox~ but he had tc, go tt~rough severai peoFie (awner of Ltnbrook Baw) ing Alley and Lar ry S lcrk) t~ get a consultation; and thAt as sa+n es he wAlked In he was labelod en undesi rable because Lt. Wilcc~x says~ in his words~ they do not like bikers ln this citti~~ N~ steted ha had sald he would try to cooperate and al) the police had to da wes c~' I~: ~; that he was at tl~e bar most of the tima and the pal l~c has his phone number o~ `i~G for Qmergency purposes~ but he never recelved a phone call. He steted it's almc~st impossible to see I.t. 1Jllcox or other poilce officers and that he did see Lt. ~epai la. Mr. Campregher stated he bnlicves there should be law and orde~ in the city and that he ts an old-fas hloned person and is he~der on the peaple (n that bar than the Commisstoners would be on peoplc wh~ work for them; that if there is trouble~ the people tnvolved h Ave to leave. Ne state d ther~ is a problem with the Police Dapartment; that they drive by every ntght to check the bar out and he always goes out and talks to th~em; th~t they ssk if there a~e any problems and say everything ts fine. He stated if anybody had a problem~ ~~11 they hsd to do Is come in and talk to him. He stated t~e doesn't smoke~ drink~ or believe in drugs; that he has a ltttle brothcr who nessed hts mind ~ on drugs and he is trying to takc cere Af him, so (s dawn on the drugs ~ but no matter where you go, you wlll flnd drugs and drunk d~iving. Ne stated he has bcen to the Poiice Departr+~nt as many as 12 times to discuss the problems~ that he doesn't want the bad ~ople tn hls bar and related a group called the "Vogels" wnre coming ln :;d he discussed wtih S~t. Milis how to get rtd of them, so the Police De ~rtment haiped htm and he apprecfAt~ad it. He stated he told Lt. Wtlcox he wouid llke the poltce to run the bar checks because (t keaps tha bad element out, bu t thny run th~ with 6 to 12 offlcers walking into the bar and cocking their shotguns i n the bar; that the palice offtcers searched the girls without a 6/1S/81 ~".. r. r'. , ~ ~ MINUTES~ ANAHEIM CITY PLANNING COMMISSION. J UNE 15~ 1~81 81-364 mstron; and that they had the giris pull thel~ tops tight end Jump up and dawn; and that thoy hed the qtris turn thet~ purses upside davn on the bar. Hr. Campregher stated he doosn't tolerate any t hing ln the bar~ but c~n't stay there 24 hours ~ day~ but hss s apectal ala~m sys taa~ (beeper (n hts house) and c~n be to the bsr in 2-~ mtnutes (n case of e probiem. He referred to the (ncfdent where the bArtendor w~s arrested for smoking marlJuena a nd stAte~d the bartender was (mmedtately flred tn the presence of thQ poltce officer. He stated he was ar~eated for not having a pc~ol table end pinbal) rrwchlne permtt and was not proviously cltQd and a gentlemen who works with the License qepertment had boen to the bar qreviously but dtdn't tell hfin ebout the permits; and that he reailzed the plnbail macfilne dtstributor shouid have knawn~ Mr. Camprogher statcd prevtously h~ was at the bsr every nlght anci left e number where he coulci be reeched when ho 1efc. Ne ~eferred to a Sunday ben~fit F~eld to ralse money because a girl I~ad dted tn en eccident and 1~ poilce ~fficers came to Ch~e bar and stayed over 2-1/2 hours and one news r epo~ter hAd related she couldn't get police assistar~ce because all available officers werG at the Ch~z Parec. He asked how the Poltce Qepartment tan provide lew enfo rcement with all avallabie officers sitting in hls bar. He report~d Officer M111s had worked a lot of overtime around Christmas by walcing untti hls shiFt was almos t over befare ~wking any arrests. Mr. Campregher stated he Is not bad and wants Zo coopQrate; that he is No. 1 11ght heavywetgtit arnrw~estl ing champton in the Uni ted Stetes; that he plays golf a~nd partlclpr,tes in th~ l.A. Ctty Golf Taurnament; that he has sponsored Little League taams and softbell teams end those people freq uent the bar and bring thetr chtldren there. Fle roferred to the stabbing and related the vietim hed dled in his a~ms and that the fight was over a woman and tiis patrons had helped the police locate the suspect and he is naw (n Jall. He referred to the incident when e man shot up the and stated that man and hfs son were refused se rvtce In the bar~ left therbar9andtgot ln a fight tn front of the 11quo~ stcre and wl.en they left yelled that they ;~~uld be back; that the polfce nfficer came about 11 p.m. because the alarm at the servtce stetio~ ~rent off and they w~re toid about the threat. Mr. Campregher stated ha wanted to prefer charges but the police office ~ replled that people usuaily don~t comn b ack, b ut i n th i s case they came back ) us t es the bar was c I os i ng and i t red 6 shocs from a 357 magnum. lie related tliat some ef his patrons ~n motorcycles fol ic~ed the suspect so they coulc+ tell the pollce officer where to f~nd him. Ne stated if these patrons were bad bike rs~ thay could ca re less and wAUld not heve hClped the police. Mr. Campregher stated he hes had no cooperation; chat he trtes to run a legitimate businesa; that he had blkers in the bar when he bought it and (t was a rowdier cro-rd tha~ ~cw with a ftght ave ry nlght; thet tt too k abou~ six mcnths to get rid of them and he had problert,s~ but everybody has probiems (n any business; that two guys had a fight in )ine in front af him at 8ank qf Ameriea, b~et askad if the Bank of America should be closed because of it; that Disneyland had a ki111ng and they have their own 6/15/81 MINUTES~ ANANEIM CITY P LANNING COMMISSION, JUNE 15- 1g81 81-365 p~lice and security the ~e. He aaked if Lhe Disneyland NoLel Nould be clo:ed if the bikert went thare to drink. Ile stated the maJortty of hla patro~s all wo~k fo~ • llving; that somc of hia patrons are dactors~ lawyara~ chiropractors, smcretarles~ nurses~ palnters and co~tractors~ end a detective who works far tho Oistrtct Attorney of Lot A~gelea and th@y have a yood time and have no p~oblems; thst women cort~e to thm bar atone anJ are not h arrassed. 11e stated he could mave his bad to the bAr and be ther~ all tho time~ but would probably ba in vlolatlon of some code. He statad sfter baing arreste d and paying a S700 fino for not h~ving a pool tab{e permit, having nevcr b e en previou~ly cited~ he filed for a permlt and is still walting for it to go to Ctty Council ~nd hes been told by a mnn from Plenning and 2ontng that he will be cited the next tlmr he comes In tf he doesn't have the permtt. He st~ted many people go to the Police Depertment to try and itle a complalnt but thcy get shuffled; that the Policc Depa~tmcnt Is not perfect; that he prevlously owned a ber in Los Mc~eles~ near Rempart Police Ststion~ and the offlcers were more rowdy and involved in more misconduct than anybocfy oise. He raferred to killi~gs at a bar In Oregon for no reason and osked (f that bar will he closed. Ne asked if Lt. Wilcox or the Poilce Chief have aver been in the Choz Paree. He referred to Offtcer Hatfleld and stated hc has sald he does not like bikers and will cia eve rything he cen to closc this bar. Mr. Cempreyher refarred to an incident when three officers asked a glr) to step outside and sl~e refused end they grabbed her and thre~,~ her on top of the pool table, hitting her head on th e cua balls and he had Interf~rrod; that he hed gone outside and talked to the police offlcor who satd he dtdn'C llke blkers beceus~ of what happened at Cripple C~eek and was gaing ta close thc bar and was going to take thts license right then; th at 8 officcrs shaved up and calmed the first officer down and he apulog(zed. He stated a drunk tn public arrest leaves no recourse ~nd you are denied a test; that during one incident~ the officers took 1A people out of the bar and ~fier checking them~ told them they wcre free to yo end when they started back in the bar~ were told they would be arreste d for being drunk in publlc if they went back in; that one ve ry clean-cut bartender wt~o rides a motorcycle was told to leave when he arrlved for work; and that one paLron who doesn't drink voiced his opinfon nnd wss arrested for being dr~nk in public and was released 20 minute s later. Mr. Campregher stated he wit) work wtth the Police Deparkment and has tried to work wlth them; that other bar owners are afrald to come and speak In his favor because they fear they would have the same prablem; tha t pollce officers sit 1-1/2 blocks away from the bar a~d pull everybody over who comes out af the bar because they have gone through the parking {ot every hour and registered the car's license number. He referrecl to the Heaith Jepartment problems with the kitchen because it was ciosed for aibout 0 months; th at tt-e Inspectur didn't Iike the paint~d sink; and there was a prab lem wl th the mcn's bathroom soap di spenser and the hot watcr and carpet. He statod he s~ralghtened eve rything out and has p~ssed inspection and Is serving food, but that pedple cort~e there to drinK and have a good ttmn, nnt to eat. 6/iS/61 MINUTES~ ANAHEIM CITY PLANNING COMMISSION~ JUNE 15~ 1981 81•366 Fi~ stated the police racords state the oral copul~tlon took place In the pa~ktnq lot~ but that it i~volved two m~n and e women in a van. Ne steted he could get G4 tncidents in 21 montha from any bar and could probably find 10 Inctdents In front of ttie Commis~lo~ers' homes or 3 or 4 on thet~ vehicle. He asked if thetr vehtclas get checked eve rytlme they go tnto a psrking lot. Ha referrad to one Incident when the o~ficer seid he didn't see the number end he rsally did :ee tt and tmpounded the rrptorcycle; that two officers Inspected the bikes and one decided he didn't thtnk one looked clean and the other didn't agree. He statud a person can get stopped aftar Just sitting (n a bar and drinking watcr because the car was seen sittinv in the parking lot for a long time. Ne stated he thought Anahcim was supposed to hsve e good tmage of being fair~ but these things sre hoppening; thet there ts b~utallty on TV and asked the Clty of Anaheim Palice Departmen*'s recard for stopptng crime. Ile stated he is ftghting for his lfvelihoc~d; that he has been t n tl~e bAr bus i ness for over 10 years and ~rew up in the bar buslness and is no beglnner and doosn't ltke unruly pcaple. Chalnnan Pro Tempo~e aushore stated the Commisslon wants to give everybody a falr hearing; that they undQrstand there ls a probtem between thc Pollce Dopartment and the Chez Peree because of some of the pat~ons attracted; thet the Commisslon needs to hear what can be done so thae the bnr is not a nutsance and the police officers can concentratc on other areas of tha city p roviding proper isw enforcement; that the Cortmissioners are tax-paying businessmen in the conmunity and don't want to see tax dollars spant harassing this one bar. Mr. Campregher statr.d the only thing he can suggest is a little more cooperation, but that he doesn't ask his patrons their background. Hc stated he doesn't knaw what his friends are gotng to say. Chairman Pro Tem~ore Qushore stated the only thfng the Commission has heard (s that there is a problem and naw have t~ solve that probiem by working out something the awner and the city can live with wtthout putting the owner aut of business, that everyone has had minor t~assies and he has yotten tickets just like the ~ext guy and doesn't ltke them and doesn't like to feel he has been unJustly hurt. Ne stated the Commission has to work within the scope of what they have been told and that is that this bar ls a nuisance and the owner has to tell the Commissien w~hat he can do to make tt so it is no longer a nuisance. Mr. Campregher stated he hes eliminated all the bike clubs~ except the MMA and occasionalty a group called the "Nuggets" will come in, but he has ~o trouble with them. 1{e stated he doesn't want anybody to get hurt and peopte come therc for a good time and felt with a little more coaperatio~, qulte a problem could be solved~ b~t there is no woperation and ail he sees ls that hc ts considered undesirable. Chalrman Pro Tempore Bushare stated the Commission Iistens to words and facts; that the hotline call and anonymous calis don't mean anything because chey are hearsay and the Comnission's decislan will be made basad on the tnformetion presented today. 6/ 15/61 _.~ l ~ J MINUTES~ ANAHEIM CITY PLANNING COMMISSiOM~ JUNE 15~ 1981 81•36~ Mr. Camp~gher st~tad thts roport makes him look bad ~nd doesn't rnport that he has talked wtth the Pa11ce OepartmenL. Chatrmsn P~o Temporc Bushora replled he thought Mr. Campreqher's attorney has made that polnt very well. Joe Schwabb~ 13073 E. 166th~ Ce rritos, presidant of a wholesalc liquor dtstributor, Gold Coast Wines a~d Spirits. stated he has had dealtngs with Mr. end Mra. Campregher since 1977i that hts office was tn Anaheim before mavtng and has known Bob personally and he has been to their office to pick up merchandiso and has ceen very close to tha company. Mr. Schwabb steted he fs very close to Bob's famtly and ~oted his father owns a bar In Seal Beach. He stated he has watched sob'a plight and can only say thet he is very active in the w ris M restling prog~am and particlpates wtth children and a lot ~f tl~e peaple who partlctpate go to hts bar. Mr. Schwabb stated he has taken hls famtly to Bnb's bar and has never witnessed an altercatton of any typa and the bar soems to bc t~n orderly operntton. He sddPd Bob Is trying and as a businessman he would hate to see htm put out af buslness; that he has pa~ticipated with many functtuns and has tall;ed~.~ith them about what he could possibly do to corrsct tihe situatlon and allovlet~ his prablam. Ne stated Bob (s a concerned citixen anci ~just needs support and dlrectfon and he was sure ha would do everythtng in his pawar to cnrrect the problem. He stated he would like to see the Commission give him direction. Blllte Gallagher (Secreta ry isn't sure of name)~ 27772 Sater~ Street. Highland, stated she managed the bar while Mr. Campreghar was on vacatton and also cooked there for a whtle end there was no probldn whateve~. She added she is $0 years a1d and was sure if there had been enything wrong going on~ shc wouid havc known. Mike Cantrell~ Divislon AdJutant~ Modified MeCOrcycles Associatton~ 1015 S.Cypress, Santa Ana, ctarified the name of thelr associatlon ts not Modifled Motorcycles of Americe as sha+n In the report; that it is a nan-profit organization in the State of Californla and they c!o fiyht leglslatlon. He referred ta Item 33 af the report snd steted that was his motorcycle that was impounded. Ne stated he was told thnt if he ceme to the City of M ahetm~ his bike would be impounded end tt was. Ne stated it took 9 hours to get his bike out of impoundment; that he had all the paperwork when it was impounded; that the poldce didn't ca~e if they damaged the btk~ and started to tow it behlnd a tow truck~ b ut finally took ft on a trailer after he wmplatned. Mr. Cantrell stated ~o get hls bike back he calied three Asserrblymen and they called the Police Department. He stated no citation was issued. Ne stated he went to the Police Department to file a formal complaint and at first they didn't want to taik to him~ but afte r his wtfe at the time mentioned calltng the Assen~lyman again~ he got to file thc formal oomplaint. He added with al) the troubte he had filing a complatnt and he knew how to go about it, that the average biker on the st~e~t wouldn't kna~r how to gc~ about tt. Mr. Cantrell stated Offtcer Powers has told him that he doesn't want him in Anaheim and that is pa~t of the reaso~ he doesn't come to this city. 6/15/8~ MINUTES~ ANANEIM C1TY PLANNING COMMISSION~ JUNE 15~ 1981 81-368 Ne stetod efter his motarcycin was impounded, he s~t up a meeting with Mo people from Internel Affeirs efter having a qrire wlth them; that they cema to hts house In Sante A~a and t~lked for 1-i/2 hours about problems at the Chez PAree~ haw the P roblems could be handled~ why the police go in the~e and harass motorcycltsts~ why the poilcs go In and take peaple out and run werrant checks on them witheut causs, whtch the Supre me Court has rulad cennot bn done wlthaut Justiflable cause. Na stated if eha parson seys anything~ he is arrest~d for being drunk in publlc and thare's nnthing he can do. Ne stated Meyor Seymc~ur has soid thst forma) complal~ta ~hauld be flled~ b ut the average biker doexn't want to do that beceuse he Is afraid the next time hc goes dawn tf~e road. hc will bo sCopped egain. F1~ added he doesn't csr~ if he gots stoppod every timo because he Is clean. Mr. Centrell suggasted to tiel~ the situatlon~ that Mr. Campreqlidr set up his own bouncers and security and ~sked (f thac wouid stop the police from camtng in. He stated he thought that would help soive many of the probiems. ile stnted 6obby does take ct~rc of any problcros a~d Is a gaod ~avner; that he hns been ta a lot of other bers frequented by btkers end he daesn't th(nk the Chez Pt,ree reelly has a prabiem and hc thouqht thts has ell been fab~tcataJ by the An~~helm Po11ce Department. Jtm Garrett~ ~15 N. Oiive, stated I~e ts a motorcyclist enthusist or biker; that he ricies a Herley Oavfdson and paCrontzes tt~e Chez F'arec; that he has nGVer been arrested, but has bcen h~arassed; that hc I~es scen the shatgun cocked as the pollce offtcers walked In the door and there would be a helf dozen officers; and that he had been In other bars during a bar check and normally two ofFicers cane in. lie stated he doesn't admit there a~e any probicros and thought thts is ono of the best bars in thc world; that he has been to cAwboy bars and been (n flghts ln c,owboy ba~s~ but has ncvcr been in a ftqht in the Chez Paree or cven challenged. Ne scated he felt the problem has to be on the Police Departn~ent's fault and one salution is to not come into the ba~ cocking st~otgu~s because everyone gets nervaus. Ne felt there could be more coopcration o~ the petrdns' parts and from the Poltce Department snd he didn't think the police needs to ~heck ta see tf the motorcycle h~eadllghts work; that tf he w~nt to a bar In his car or t~uck, he didn't think anyo~e would check to see tf his headlights workrd or if the license plates are up to date. He stated ha thought the re is harassment to bikers in yencrat; that hc hes long hair, and wears a beard~ but he works for a living and hes a fam(ly and isn't a bsd guy just because he rides a motorcycle. He sCated In Anothar year or two a lot of people wilt be ~Iding motorcycles because of gas prices and a lot of blkers ride motorcycles for that reason~ and he dldn't thlnk they should be disc~lmtnated against him as a huma~ befng~ as a cttizcn of the United States, and resident of A~aheim. Mr. Garrett stated he thought Nollywood has given bikers an ime~e that ts hard to ltve down and ~eferred to a recent television program showfng bikers kidnapping a Highwa~y Patrol Officer a~d stated that is a far-fetched. crazy idea. He stated he has been in the ba~ when the offteers con~ in and he doesn't even look at them and Just sits there until they pass because he doesn't want to be hassled or harassed or have to spend $5pQ to get ouC of a probiem he had nothinq to do with. He stated tha offiGers come tn f~r no reason and suggested that bar checks r+ould be ftne, but that two offiesrs should cflme in, not 6 to 15. 6/15/81 MINUTES~ ANANEIM CITY PLANNING COMMISSION, JUNE 15, 1981 81•369 Mr. Gerret! stated ha does not drink to exce~s~ but once when there we ro 10 poltce offtcera tn the psrking lot~ he was afrald to leava the ber, so ait there and got d~unk end had to call a cab to ~o hane. Ne stated there are some deftnite problems, but thouyht wtth Just a little bit of underat~nding on the patrons and Poltce Department's parts~ 99~ of the prc~bloms couid be salved. lie added he dc~es frequent thia b~r and has never seen eny troubie and has never seen any drugs. Ne stated he doesn't tako drugs end doesn't believe in thdn; and that he hds two children e~d wouidn't want them to go tn that dlrectton. Mr. Garrett stated these peoplc arc going to go somewhern ko drink and are sttil going ta ridc thoir motorcycles~ which la thetr right~ and tf anyone is creating a p roblem, take care of that parttcular problom and not Judge all of them. I~ stated it wasn't long ago that all poltticisns werc judg~d es betng bod because of Mlatergate and the bikers are al) bctng Judged because of a Ilollywood Image portreyed. He stated he warked for the City of Anahetm for 5 years and holds a steady Job na+ an~ wtll testlfy that he has seen the police harass patrons of that bsr. lie steted he is asktng for understanding from the Policc Department at the bar ~nd on the streeta and not to sterotyp~ ali of them tnto one bad motorcyclist group and stated ha is not a me~er ~f a club~ but does belong to Nodlfied Motarcycl~s Association to fight the heimet law becausc he doesn't bclteve: In it. Chalrtn~n Prn Temporc aush~re stated he woulci Iike for anyone else speaking to Iimlt thelr cr~mments to something to help and that he cfoesn't want to hear about poltce harassment becau~e he knaws tt-ere ts a confllct between the two. 8111 Jones~ 1201 u. Valencla Grtvc, Fullerton~ st~ted Bob and Tish Campregher are good friends of his and he has knvwn them fer about S Years and h~s bcen to the bar severel t(mes and never seen a problem. He st+~ted he a~d his wtfe have been there and played pool wlth the awner's wtfe~ the blktrs and thetr gtrifrie~ds and though he may not approve of the way they dress, etc.. he has never had any trouble in Lhe bar and intrnds to 9o back. Tom Wheeler~ 917 S. 58rah, M ahetm~ stated he Is probably one of thc ber's newast~ most infrequent cust«ners; chat after he firsc went to the bar and found It was rather quiet. he talked wtth someone who said th(s bar was a bad place because of the bikers; that he wer~t back again and & to 12 natorcyclists came in, but there wera no problems wlth them and they were friendly and dccent; that he went back agatn and went aver to the end of the parking lot with sort+c illegal substance and Nas stopped and detained by Officer Po,~e~s fo~ 45 minutes; that il poiice offfcers sha+ed up and he was fnformcd that they did not want bikers there end were going to run the biknrs out of town and close tl~e Ches Paree~ not that there was anything gotng on in there that was any different than anyv+here else. He added his incldent should have bern Item 54b, but it is not listed and he dtd not knar why beceuse they did uonfis~ate the marijuana he had; that he went to the Polica Department fnr e copy of the poitce report and t'ere was nonc filed so he dld not know whet happcc~ed to his meriJuana. Mr, blheeler stat~d ha had noch(ng but a fair shaka at the Chez Paree and has been told by severa) of the patrons that they want no trouble in the bar and there has 6/1S/81 .~ :4 MINUTE5~ ANAHEIM CITY PLANNING COMMISSION~ JUNE 15, 1981 81-37~ been no trouble. He :tated he would 11ke to aae ~ustico done end would Ilke to see Hr. C~mprec~he~ kaep fil s perml t. Allen Mul) or Lang (Secretery v~uld not identlfy)~ 1681 W. Tedmer~ Anahalm~ ~eferred to the Itquor storo in front of the bar and stated Jack Nanshew haa the license a~d has more than one llquor sto~e and felt ff ell th~ cit~ttnns agalnst him wera compered with thls bar~ they would be just abo~t equal. Chalrman Pro Tnmpore Bushore pointed r~ut thst the 11quo~ store or M~. Hanshew are not the mritter to be c~nsidarad beforc t!-e Planntng Conmisslon today. Btl) Ilansel~ 1194 Cit~on, stated he has a constructtan buslness ~ext door to whern a11 the Anahelm Pollce Officers drink and have thnlr fun. He asked how to gat the records of the officer4 who have spent three days stralght~ 8 hours a day w~lting tlckets up for every car that leaves the porking lot at the corner of Rrookhurst and Le Palma; that Oft~icer Natfield dnesn't have any tlme for any other corner; that as far as h~rassment gocs~ somebody should be taping all the converzations when Officar Mf lls stands out thera anci laughs and decldcs whlct~ mc~torcycte I~e ts gotng to take ln that night. 11e asked if the pat~ons shoulci buy another ber s~ortkpiace else and start taping conversatlons and taking plctures. tie a~G:~d why the pnllce thtnk they are ablc tA say cowboys drink here~ colored ~~caple drink herc ~nd Pk xlcans drink here~ but bikers you can't have any fun because you rtde rr~tor~ycies. -le asked if he should slt In his affice with a telescope and takc pictures of the bar where ths poltce officcrs hang out ~nd gamble ond roll dice. Ne asked again about the availability of the poltce officers records so they wtil hove definite proof of harassrt~nt because he ciid not think anyo~c wanted the taxpayers dollars spent to pay 8 officers to come into a bar a~d cock shoiguns when there are 3 wanen and 3 men sltting herc. Chairrt~n Pro Tempore Bushore stated the ~cport the Police nepaftment submltted to the Conmission is notl~ing mor~ than h~arsay; [hat thc Commission doesn't have thQSa facts and those records ar~ not avaitable to ther,; but they are trying to b~ an tmpartlal body and are a yroup of cttizens and coutd be in the ssme pasttion~ but al) he has heard so far is constant harassment back and forth be Meen the Police Depa~tment and the Chez Paree and its patrons. Ne added th~e prnblem is that under the laws If it can be shawn that the bar is a nuisance~ the permit can be revokod~ or if certain conditions originally attachad to the permit are not being complled with the permit can be ravokad. Fie stated the Commission has only heerd one suggestion to help the bar owner and that was pollcing the bar himself in sane man~e~. F1e referred to the calis Lo the hotlirte and anonymous calls and petitions which are s~ mitted and indicated if the pe~son duesn't shav up and give thetr address• the testimony means nothing becausa he has been (n a courtroom many times and knd+s the judge will not accept anything that is heresay as evidence. He stated the Conmisslon wents to hear what can help; that they will make a dectslon and the ber a+ner wttl have to live with it anci the Commisslon hes come down herd on pienty of people. but do revoke pe~mlts very rGluctantly once they have been given. He stated the Commissi~n is going to try to come up wfth some suggestions and that the bar a+ner has Lo Itve with the condittons o~ he is going ta 6/15/81 MINUTES~ ANANEIM CITY PLANNING COMMISSION~ JUNE 15~ 1981 81-371 lose the conditional use permlt; that the Commisslo~ ts obligated to do this and that the Commisslan is not a court of la~w and does not nbke moral Judgertients. Mr. Ilansel roplied th~y are Just trying to aee (f they can get sor~~e kind of records to shaw the Commtssion the number of •rrests and ameunt of time ~pent by the office~s. Chai~man P~o Tempore Bushore stated tl~e attorney would advise that t~~e reco~ds can be subpeoned should thts evor yet to a court of law, but the Conmisston hasn't seen thosn rocords eithe~ and it ts el1 hearsay; th~t It is the Police Department's word sgelnst everybody eise's word and he thought the attorney has cfone a good Job of polnting out the bar o-~+ner cannot be blamed for what hsppens In the pdrktng int; that Mo people could get in a fi,qht in f~ont of his housc and he woutd protaat betng blan~ed f~r it. tl~ stated the testirtbny is hearsay and ihe Commiss(on Is not tnterested tn thc thinys that have happened the~e; that obvtously the Police Dapa~tment thlnks there Is a nuisanc~ problesm l~ecaus~ of the bad types who occasionally frequent the bar and the Commission hes to meke sure that if the so- called bad types do frequent the ber. that tt~ey arc ke~t in line and the Police Oepartnxsnt needs to be kept happy so they can ga off to other parts of the city and do something clse. 11c st~tcd nersonally h~ agrees that it sounds pretty heavy for 10 officers to walfc In there with shotguns~ buc that is not the tssue; that if there ls hArassment, the bar owner's attorney wtll edvise him to flle a civll action for thet harassment and then they can subpeone thosc rccords. Mr. Ilanse) stated he made one suggestion and ask~d the simpl~ question as to haw to get the informetfon to shaw the Cort~misa~lon tww onc officer put in 40 hours out cf 48 on that corner gtving ticl.ots for bant license Rlates~ etc.~ and tellin,y pe~ple that If they ride a b(ke~ they ar~ going to Jatl~ and telling them when to conx and go and that If they go Into that ber~ they are goin~ to jaii. He asked who gives them the right to do that kind of thing and then say It is a nuisance. He stated the police are the nuisance hanging out, bu~ging people. Cha(rman Pro Tempore Qushore explained Mr. Nanse) can go to the Poltce Department a~d file a complaint and they wili havc Internal Affairs look into the complaint and It gradually gets to a cr~urt of law. 11e stated the bar vwner has ta show thc Commissian that the use is not a nuisance or if he evcn thlnks it is a nuisance, he has to come up with some sugyestions on thinys he can do s~ there is no longer a problem. Robert Von Esch stated he thought suff(clent test(mony has been heard and he is not trytng to cut anyone off and realized that ts the Conmission's prerogative. but would like to say in conclusion that becausc of the tndlcattons of chs Conmission with raspect to what migi~t be done~ they were not reaily prepAred to deflnitively lndicate v+hat couid or should be done becaus~ Hr. Cemprey~,er had little tndicatton that there was a p~roblem. He potntcd out a number of t'.e arrests took piace outslde the bar snd unless he was the~e eve ry night keeping cou~t~ he wouldn't even know whbt they were adding ~p to, but naw that Chey recognize that therr have been a nun~ber of arrests~ most of them in the parktng arEa, parhaps somethtng can be done. He stated a suggesttun had been made for somo sort of security sysiem. but he is always co~erned about e private security system with the owner hiring someone to search poople befere 6/t5/81 MINUTES~ ANAHEIM CITY PIANNING COMMISSION~ JUNE 1S~ 1~81 81•372 they come In to make sure they •~e not carrying weapons because he felt there could be a~~oblem with same prtvate individual attempting to harass ~~etron end trying to tell htm not to get tn the car nr whatever. Ne steted he thought society demends that law enforcment sgencies teka on that role. He supgested the owner could posstbly hire an off-duty Anahetm policemen who would have ~ 1lttle bit more asaenblanco of authority and not creete the s~me kind of dlsturbances you would hava with e prlvata Individuel. 11e felt this wouid taka a little more dtscusstons between the representatives of the Polic~ Departmcnt~ the city enc! the bar owner to see if somethtng could be worked aut. He stat~d h~ personally thaught that tt is wrong to cut out all blkers unlQSS sanethiny is known about the biker before he comr.s ln~ such es being Involved tn a crtm(na) activ(ty, etc. He stated he thought it wauld bo undomacratlG to ~ust take the positlon t~ stop all bikers Just because they may not dress the same way eve ryane cise does and thet Is not a r~eson to forbid them from coming in as lony as they have a htstory of not providing dtsturbances~ or not doing thtngs when they get back out on the parking lot that creates a dtsturbance. ChalrmAn Pro Temporc EiushorQ stated he belteved a~int has been renched where s conttnuence waul.; be in order so that tt~e bar owner can come up with same ideas beceuse apparently ha did not rcalize what this hea~ing was for and the tnstlmony continues tu be about the conflict. 11a expleined the Commtsslon can revoke a conditional use permit At any time after halding a publtc hearing or they ca~ put ttme limits on the use~ etc. whlch (s a way of monttaring thc use closely. ile felt maybe the Co mnisalon need~ to give the Poltce Department some dlrectic~n~ even though they do not hAVe any authortty to do that~ but the Poltce Department has worked very well with the Conmission In the past. He stated the Pallce Department has thc right to (nterpret how thcy are going to enforcc the laws. but the Commisston mtght offer some sugyestions and actually ask them for some reports or d~ta that i, eithe~ ~oing to work against them or for thom and it would be up to them to prove thP)r point and get chc bar avner off the hook e little blt. Mr. Von Esch stated he thought a little more lnterpiay betweeR tha owner and the Police Department coutd certAl~ly be helpfu) and thought the sltuatian has been one taking on the other and he dld not think either has been wholly right. Chalrman Pro Tempore Bushnre asked Lt. Wt)cox if he thought it would be beneficia) to slt ciown end try to work out some ground rules. Lt. Wilcox stated that was tried in June of 19$A and thay wtil be more than happy to try agatn. He stated he has never made a statoment about blkers; that ha rode a Narley Oevidson for 10 years and he did not belong to a bike club. He stated the Poltce Department has hed exP~rience In the past with situations where the citentele of bars ~ whether they be b i kcrs or wha~tever ~ have caused problems and now they have documented the problem with this bar. Ne sCated if someone wishes that they go back again end res~arch the problem ~gain~ they wt11 be more than hsppy to do tt, but this is a documentad problem and something is going to have to be done about it. He stated he taliced wtth the own~r in June of 1980 and he indicated at that time he w!shed to do aomnthing ab~ut the probtem and thosc inctde~ts have ~ot been daalt wtth. He ststed he thtnks there is yoinQ Co be prob~ert~ v+he~ there is not the coaperation on both parts; and thet he had explatned expiicltly th~ proper way to b/i5/81 ~ MINUTES, ANANEIM CITY PLANNING COMMISSION, JUNE 15~ 1981 81-;]; make • complaint et that June 1980 meettng; th+~t he has heard things here today thst he would ~ot personaily put up with; that he hes been a taxpaper in the community for 27 years end has bean with the Police Depar~menc for 26 yeara and has trled to be fal~ with everything snd wlil conttnue to do that espectally for this particuldr b~r. Ne atated the bar ow~er has said he has bent over backwarda and that he would say thst he (Lt. Wtlcox) has bent ove~ backwards~ but that makQa na difference because lhis Is nAt en adversary situation between hlm and the awner ar batween him and the blkert; that this is a poilce problem with Incidents happaning whtch cannot be allowed xo continue and whers patrona interfere with police offtcArs In the course of their duty~ tt will not be tolerated. Ile stated this ~eport is of a number of different situattons whicl~ ha pe~sonally had nothing to da with and he would lika to get out of ehis adversary situation; that he ts doin~ a JoFa~ In charga of a sectlon, thot needs to be done; that he compiled the infc~rmatfon from reports ftled by other mertbo~s oE the department and had no persona) knowledge of everything that took place. He stoted he is nat going to ba the~e 2~~ hours a dey anym~re than the owner. Chalrman Pro Tempore Bushore tndtcated he would allow faur mure ~peakers. Commissioner Fry remtnded anyone else wtshing to sp~ak that the Anahalm Police DepArtment is not on trla) herc today. Commissioner Barnes stated she reslly bellevcs both sides~ but that is not the issue; that she is surc there have been some incidents~ end by the attornoy's own admission~ thera are problems there. She felt the Commission should get on with s~lvtng thtse problerta. Ron Capelle~ ~44 S. Eb nd~ stated hc has been e bartender at the Chez Paree for epproximat~ly 3 yearY and has been a b~rtender in Orange County for 10 years and has worked in sevcral dlffercnt kinds of bars, inctuding nclghborhood bars and fine dtnner houses and it seemed that tf any of those bsrs had h~d the same amount of police attention~ a g~eat nurrb er of affensas Gould be complled and they would look equally bad. Mr. Capelie stated the Chez Paree Is e special tnterest bar bec~use of the cltentele bntng motorcyctist enthusists. slmilar to other specta) tnterQSt ba~s s~ch as gay bars, cowboy ~ars~ etc. and being o special interest bar, It does att~act Int~~est by the Putice Department, the city and the medla. He feit a solutton would be tf the city a~d Poltce Departme~t wouid Just start treattng the bar as (f it were any other bar. Wayne Emeralcf~ 9105 Cerritos. M aheim, statcd this aonversatto~ about bikers (s very uQsetting to him; thet he rides a 150 Honda and doesn't ride a Marley Davtdson because he goes to that bar and watches the Hariey Davtdson riders being harassed by the M aheim Police Dep~rtment; that he has been in the bar and nothing has hsppened and thet Sunday referred to~ 14 offlcers come (n and dtdn't give him a second glance and he walked rtght th~ough four~ slmply because ha wasn't ~iding e Narley Oavidson; and thet he did not thi~~k it is rigf,t to labei every customer of that bar as a biker. H~ suggested the Commissioners go to the bar and a~e for themselves~ keeptng tn mind that it is a spectalty bar witfi motorcycle enthusi~sts stopping there o~ their way 6/15/81 t 1 MINUTES~ ANAHEIM CiTY PLANNI~~G COMMISSION, JUNE 15. 1981 81-374 home f~om work. He statad 60 to 90~ of tha patrons ere marrled and have families end don't want any t~ouble which is why thay go there b~cause trouble is kept ~t a very tow minimum. George Hood, y011 Plaska, suggested tretning the bartenders to check the patrona and they cah do it without a big argument; that tha ba~ o~vner enforcea his own bar~ but tha bartonders sre quite cepable of taking care of it. He stated the probiem is thet everyon~ is relsting everyono who ~Ides any motorcycie to a biker and tt ts not falr to label avery peraon who ~tdes a Na~lati~ Davidson as a"hard care btker"; that he knows almost eve ryo~e hcre and they are for from being "hard core bikers'; that there are hard cc>~e b(kers a~ound and they ere highiy danqnraus~ but they do not corr~n to the Che= Paree becousc they wi l l bc thrown out. fle statcJ he has kncywn Mr. Campregher for fo~~r years nnd tauyht hlm to arm wrestle. Ne stated he is two-ttme profasstonal erm wrestiiny chsmpion end has baen (n thc bar end there wAS no trouble. Ile stated he did not thlnk this ftghting back and forth with the officers Is going to be resa 1 ved and that i t w( 1 1 heve to come dcrivn f rom th~ CI ty Counc i l wi th the bar owner end Pollcr. Qepartment slttin9 down end wprking out a solutton. Ron Tanover, ~31g W. Roso. A~aiieim~ st~ted he Is a ba~tendor at thA Chaz Paree~ suggested the ppl ice coma and a`k how tt~ings are and i f there ere a~y prablems instead af coming in in a more yestapcastyle. 11e staced tl~e police officers do come tn and say thtngs and tell patrons to get out of Aneheim a~d make glrls dump thetr purses. lie scated i f th~ p5) ice want the patrons to c~aperate ti-ey must also cooperete. TIIE PU9LIC HEARING WAS CLOSEQ. Co mnissloner tl~rbst ~tated it appears there is a p~ob)em nn both sides; that he recognizes the Pollce Depsrtment's probtem and recagnizas there is an unfortunate image of blke~s; thAt there havc been A ~OL of problems wtth motorcyclc gAngs and posstb ly tho Po l f ce Department puts eve ryone i n that cateQory; that he wouid l i ke to see this ~iearing contlnued and the Potlce department and bas awner get to~ether w i th in 30 days to come up wi th son~e hard suggest lons on hc~v they can sol ve the problems; that he would agree that from what he hes he+~rd the Police Department gets a little blt on the high slda, but thelr prob{am must be reali2cd; that they are police officers anforcing a 1aw and even o~ accr~sion have stopped a speedar and bae~ ktlled and this is why they sometimes proceed with too much caution. 11e asked Mr. Camp~egher why he had withdrewn his prevtous request for a new permit snd referred to th~ Orange Cou~ty Health aapartment violr:lons and esked if he is now operating isgally as far as Conditio~a) Use Permit No. 1535 is cuncerned. M~. Campregher replled he is serving food and he h~d Nithdraevn the previous ~equest because his previous lawyer told him to because if It ~ras not approved, he would lose his permit and it would look bad, He statcd h~ has changed lawyers and doesn't know what he is gotng to do co aork tt out, but he trfed to work out problert~; that he has eliminatrd a lot of che bike C~Ub5 and he do~sn't like them either; that he doesn't need to fight, and if he did w ant to fight he woulrl go up agatnat Casslus Clay and make a lot of mor~ey. Ne explalned he has put tho kltchen back in effect and the Health ~epartme~t has approved it. 6/15/81 MINUTES~ ANAHEIM CITY PLANNING COMMISSION~ JUNE 15~ 1981 81•~75 Commtsslone~ Nerhst st~ted hs •ttll faels th~~e Is a p~obiem on bo*h sldes ~~d th ~ t one of the problems Is with bikars arriving in groups; that ther hav~ bean report s but p~ople are afreld to maka complalnts snd 1et thelr nsme be known because they are afraid of being sttacked or something like that; but these a~e fects and tha Commission knaw~ there ere peoplc wha are afretd of t~ils parttculer locatlan snd it could be considered detrimsntai to the heeltli a~d welFsre af the community. Ne stated the l+ik~ra themseives can do something ebout the sltustton by not coming to the ber in large graups and making a lot of nolse and dlsturbing the neighborhood ~nd not gunning thetr mocarcycles wide npen. ~~a atatod some penvle do not h~v~e a feel ing for btkers bacausc there are a lot of them who just tgnorc thu ~olghborhood end ignore the nolxo thay rnaka; that he real itas n+otorcycles ero c,~etttng better by having mufflers on them~ but tt~ere are e~cw that don't. 11e suc~qastad these are things [hey cAn do snJ augyosted a si~n askln9 tl~st the nc-ise be kept down. Ne stated he woul d llke to know the next time the palice officors go In with oocked shotguns because he ooea nat tl~tnk that is the right wey f~r the Police Department to act unless they have word thnt there are some criminals In the ba~ with yuns or something like th at. tie state~i he would tlke a contlnuance wtth s report beck in 3b de~rs anci Cwrmtsslo~ors Barnes and Kiny dg~oed. Commissionar Barnes stated sl~e does not knnw of Any Commissloner who haa any preJudic.e tvward bike~s; thet she lias sp~nt a f~rtune on motorcyles; end she dl~f t~ot think the Police Department is pre_Judiced egAinst all bikers etther; thst she thi nks there is a lot the patrons themselves can do such as police themselves. She sta t~d tho pollce cennnt Just arrest somebody for s~lltng drugs untess they are selltng drugs. She statod It hos been admltted that this bar does have somr. problems and Mr. Cempregher ag~ccd it has some problems. She stated she would offer a rnotion for a 3a dey continuance end she thuught the patrons could pollcc ttiemseives and ke~sp the bar arrost free; thst they can sprea d the word that If any of tl~esc th{~gs h~ppen again~ the bar wilt be clased. She stated she would 1 ike very much to sce tl~e Po) ice [lepartment work wlth the bar and hts patrons and ser them work Nith t~~e Police Depertment. ACTION: Cammissioner Barnes offered a moifon fr~ a 30-day concinuance, seconded by omm ssioner Kf ny tln~' Jack Whfte~ Assistant Cit~~ Attorney stated the cuntinuance ~nust be for eitt~er four week. or six weeks. Commissioner Barnes stated it would be for s(x weeks~ to the meeting of July 29~ 1981. and MOTIQN CARit1E0 (Commissfoner Tolar b ~ing absant) . Jack White suggested the meeting be *eopened on a IEmlted basis so i1~at input could be recaived From thn Police D~epartment and the bar owne~~ but he dld not feef any addit(onal informatton is necessary from the public. Nr. Cempregher asked Nhat wi)1 happe~ If the pclice offtcers cantinue to take people aut of the bar and arrest them for being drunk in public. Ik stated he is goiRg to try anci work out a salution, Cha( rtnan f'ro Ternpora Bushore expleinrd the meet~ng wi ll ba hald on .luly 27, 19a1 and will mcrst iikely be the ftrst ttem on the agenda a~d asked lt. Wilcox if he 6/15/81 % ~ MINUTES, ANAHEIM CITY PLANNING COMMISSION~ JUNE 15~ 198) 81-3]6 undr~tsnda whet ths Commisaton would iike fra~, hlm in stx weeks~ with Lt. Wilcox Indlcatt~g he undarstood~ Chai rman Pro T~npore 9u~hore ssked st~~`f to ch~ck inta th~ paol table permit situa~ton •nd repart beck to the Wmnisslon on tts stntua~ explaining the Commlaston does not hea~ poo) t~bla permit, J~ck White explained poo) teble permlls ero hendled th~ough the License Gepartment rother then Planning Depertment. RECESS Thore wes a terminute reces~ t~t 5:20 p.m. RECO~CNE The maeR t ny was reconvened •t 5~ 30 p.m. I TEh9 N0. 7: I~JN. WAi VER OF CODE REQUI R~MEfIT AND C~ND PUBLIC HEARING. ONNER; ROSA MARY CASELLA U~IVI AND ANGELO CASELLA~ 2124 East Va{ley Gla~ Lanc~ Or~nge, CA ~2G67• AGENT: PATRIC~ J. AND JULIA R. DARR' 3093 East MlralomA~ A~Ahelm~ CA 92806. Property described as e ractangularly-sheped parcel of land tons(sting of approxic-etely 0.6 ocre. lact~ted t+t the northwest oorner of Nt raloma Avenue end Kroemer Boulavarcf~ 3093 East ~'IralUma Avenue. Property prasently classifieJ ML (INUUSTRIAL. LIMITEO) 2QNE. COr~DITIO~~At. USE REQUEST: TO RETAIN AND EXPA~~D AN ExISTIr~G AuTO uETAIL FACII.ITY IN TtiE t1l tON~ WITI~ WAIVER OF MINIMUM LANOSCAPED SETl3ACK. it was notcd staff has recommended that subject netltlon shouid be ~:ontinued to the ~egularly-schtduled meeting of June 2~. 1981, )n orcier to be ro_advertlsed. ACTION: Commisslan~r King offered a motlon~ seconded by Commissloner Ne~bst and M0~0 CARRIEU (Chalnnan Tolsr betng absent). that cnnsideratton of the afo~ementtoned ttem be cnntf nued tn the ~egularly-YCheduled rr~eting of June 2g~ 1981 ~ in ord~r to readverttse, TEM N0. 8: EIR NE AIVER OF CODE REQUIREMEt~T AND CO~IDITIONAL US PUBLIC HEARING. OIaNER: NEAL E. CLARK, 872 South Harbar Boulevard~ Anahetm~ CA 92805• Property descrfbad ss a rectanyularly-shapad parcel of land consisting of epprox(mately 0.2 acre~ 072 Sauth Nerbor Bouleva~d. Property presently classifled CO (CtJMF1ERCIAL~ O~FICE AND PROFES51oNAL) ZONE. CONOITIONAL USE REQUEST= TO PERMiT COMMERCIAL USE OF A RESIDENTIAL STRUCTURE WITH WAIVERS OF; (a) MlNINUM LA~~DSCAPED SETBACK AND (b) PERMITTED LOCATION OF REQUIRED PARKING. 6/tS/81 ~. . MINUTES~ ANANEIM CITY PLANNING COMNISSION~ JUNE 15r 1981 81•377 There was one ~er~on indlcating his prosence In opposition to sub)ect requesC~ and although the staff repo~t wa: not read~ tt ls raferred to and mede a r~art of the minutes. Netl Cl~rk~ avnor~ Was prosent to answe~ sny queations. Mr. Oenedict~ 863 South Nelena~ stated the~e ia 60 feet between hls backyard patlo end sub)ect property and ha wanted tho Commissio~ to knaw thet he has no obJectton to office or commerclal ventures on thts property. He polr ~d out on elther side of the property there are several good converslans which they o~~ happy with end that he wouid rather s~e tl~is thsn a dilaptdated restdence. He atated tn June 1~77 a request for a wedJing chape) wtth walver of {~erking was refused but that the waddtng chapel was oporatcd th~ro fo~ two years. He stated this proposed establishment has baan (n thnt locatio~ for 2-i/2 months and they have no objaction and would like to see a comrt~erctol use there, but ttieir obJactlon is that at this very moment there ts a large moving van vehicle and other maCerials which are stored on the parking area and aeve~al other vel~icles p~rked there and thot at one ttme there wes e Junk car parknd (n the one parking spaco in fmnt of the residence which had been put there for a qulck get+~way for the bride and groom when the use was for a wedding chapel. Ne stated when the property was used for e restdenca~ tl~at area was landscaped and Ic is ~ow an addltional illec~al pArking space whict~ cauid be ellminated and the area retandscaped. He stat~d the one thing he would ltke to sec is that parktng area used for parking and not a storaye area for junk and that they wou1J have no obJectton to the business if lt (s o~ rated i~~ a prop~r manner end the front aree Is relandscaped. Ne state~ there have been undesi~able uses on that p~operty such as cal) gtrls~ rack groups practicing at afl ha~irs~ e:tc.~ and they would likc to sec it cstablished as a good cammercial office bullding. Mr. Clark replied it is true there are vehtcles pa~ked there and his truck is parked there. He stated he moved on qulck notice because the Ctty of Fullerton took his building for redeveloprn~nt and that facility was over 3~~0 square fect and this one is 12~0 square feet a~d he has a lot of things which we~c previously stored inside. He stated the parked vehtcles are there on a temporary basts and it is his i~tention to make the property pr@sentable. He stated he has had same financial difflcultles because of the move and that he had two businesses in Fullerton but now only has one; that the parkiny space in froni of the building is a convenlence and it would be a f i nanci a) I~ardsl~ 1 p to rerrave the b lacktop and pl ant landscap I ng. Ne s tatr.d the building next door to the north has threa businesses in one st~ucture and his street paricing is utilized most of the day by those businesses by custon+ers or employees. He stated the parking spac~ in fro~t of hls buildtng is a convenience for his custamers sinc~ street parktng ls not availabte. Ne stated he has parking tn the rear and the one vehicie referred to parked In the f~ont '~as been rnc~vnd to the rear, and it will be dts~osed of. He stated there are othcr things that need to be gotten rid of and that he plens to take care ~f thaz a~ soon as possible. 6/15/81 ~ MINUTES~ ANAHEIM CITY PLANNING COMMISSION~ JUNE ly. 1981 81•3~8 Ti1E PUBLIC NEARING WAS CLOSED. Commissloner King sleted h~ could ~o •long with approval of the p roJect~ havover' wtshed to see the roquest for watver (s) danted in o~der that the prope~ty would be made conslste~t wtth athe~ properttes in the area. He stated ha would roquest th+~t tho biacktop be rem~ved and lendscaping pl~nte d tn tha f~ont setback. Mr. Cl~rk rep) ted the blacktop (s existing and ~e cen't afford to remeve lt rlght ncw . Commisslonor Harbst polnted out that unfortunstely the blacktop wsa placed there i l legal ly to begi n wl tl~. Mr. Cla~k statad he had net put the blacktop in and was toid that thls was cammorctal property. Ne atatad ha has plenty of parki~g in the rear and is not vrorrlnd ebout parking a~paces~ ha+evar~ customera bringing machinery to him for s~rvfce could use thet parking spece In front as a convenienw. Cammisstone~ Herbst polnted out the codn does not allow (t and requtres that when ~ home Is converted for cortmerctal usea, tt (s suQnosed to be ke-pt tn a msnner so that it sti 11 looks 1 ike a har~. especially along Ha~bor Qo~levard. He explained the purpose of this is to al law people to uso the har~es unti l there t~ some ty~e of land assembly for ultimate developmcnt. tk statccl T f thts Is permttted then everyone else will want the same privilega and chat it has been put there 1'legally and has to be cleaned up. Commtsstoner Barnes suggestcd a 6-month pertod fur removal of the blacktop snd provtding landscaping and Mr. Clark indicated the 6-nanth perlod does not sound unreasonable to him. Commissloner Boues stated the parked vehicles should be rerroved right avay. Chalrman Pro Tempore dushore stated he would 1 ike che petitioner to make e stipulation there would be no overnight ~arking of vohicles and that those parking spaces must be availabie fo~ customer parking. 11e asked what type of landscaping is p~eposed tn the 4-foot area at the rear adj acent to the fence and asked Mr. Benedi ct i f the la~dsceping (s adequate. Mr. Benedlct replled there is no landsc~eping there and at the p~esent tlme there is a 6-foot htgh wal 1, but he can see ri ght ovnr i t and i t does not hi de the van or other material st~red on tl~e parking lot. Cha) rman Pr~ Tcmpore BusP-ore staCed the ~eti t toner wt 1 i be requi red to remove th~e vehicles ri _.ht away (f this is approved. Mr. Ben~edict stated he does n~t mtnd the wal l as lony as the pa~kin~ lot ia used es a parking lot and the landscaping proposed would be edequate as long as the other area is cleaned up. 6/15/81 MINUTCS~ ANAIIEIM CITY PLANNING COMMISSiON~ JUNE 15, 1981 81•379 ACTIONt Commisslonar 9~rna~ offered a mo-tton. soconded by Commitsionor King snd ~~ CARRIEO (Chairman Tolar being absent~, that the An+~helm City Planntng Commtsslon h~s ~Lviewed the propossl to permit a coexnarclal use of a residentlel strueture with welvars of minimum landscapad setback ~nd permitted locatlo~ of required psrking on s ~actangulariy•shaped parcel of land consisting of approximately 0.2 acre~ having a frontage of approximately 60 feet on tha east side af Herbor Boulevard~ approximately a90 feet north of the centerllne of Vern~nt Avenus (8]2 South Herbor 8ouleverd); and does heroby a{~p~eve the ~legative Ooclaration from the requlrement to p~epere an enviranmental imp~ct report nn the besls that there would be no stgnificant tndtvi~luai or cumuletl.e adverse envfronmentel impact due to the spprova) of thls Negetive De clAratiun since tha Anahelm Genara) Plen designates thd subJect property for comrte rcial~ professlonal land usea commensurate with the p roposal; that no sensitivic environmental Impacts are involved (n the praposal; thst the Initlal Study submttted by the patittoner Indic~tes no signlflcant Indivldual or cumulative adve~se environma~tal impacts; and that the Negative Oeclaration aubstantisting che foregolny flndinys ts on file in the Clty of Aneheim Planntnq Department. Commissloner Barnes offe ro d a motton, seconded by Commissloner Nerbst and MQTION CAaRIED (Chairma~ Tola~ bciny abse~t)~ that the Anaheim City Planni~g Commisston does hereby deny re~u0at for weivers (a) and (b) on the basis that the petltioner has agreed to remove the asphalt paving and relendscspe wlthln 6 months. Commissloner Bernes offered aesol-,tlon No. PC81-130 and moved for its passage and adoption that the M ahelm City Planning Commtssion does hereby grant~ in pert~ Conditlonal Use Perro(t No. 2219 subject to the patitioner's stlpulatlon to remove the vehtcles and material~ on the parking tot (mmedlatcly and to remov* *he asphalt paving In the space (n front of the structure and p~ovlde landscaping ai~d to landscape the 4-foot sectton In che rear within a six-montl~ period of time pursuant to Sections 18.03.030; .031; .032; •033- .034 and .035. Tltie 18 af the Anahetm Muntcipai Code +~nd subJect to Interdepa~tmesnial Coe~mittee recomme~~datlon-t. On roll call~ the foregoing rosolution was passed by the following vote: AYES: COMMISSIONERS; 8AR-~ES~ BOU{lS, BU5HORE. FRY, HERBST~ KING NOES: COMMISSIQW~iZS: NONE ABSENT: COMMISSIONERS: TOLAR Jack White, Asslstant Clty Attorney~ presented the wrltte~ rlght to appeel the Planninc~ Comnissltm's declsi~n within 22 days to the City Council. ITEM W~ g; E IR CATEGORI CAI. EXEMPTIOtI-CL,ASS 3 AND VARIANCE N0. 3221 : PUBLIC HEARING. OIdNER: ROQERT P. AND EVELYN E. HALL~ S32 uhiting Woods Rt~d, Gle~daie~ CA 91200. AGENT: RAY AND NANCY NAKAGAMA~ 20Z5 Scuth Manchester Avenue. Anaheim~ CA 92802. Propsrty ckscribad as ~.~ irregulariy-si~aped pa~ce) of land consisting oF approxtmately 2.4 acre~ ?.025 So uth Manchester Avenue (Stadium Pantiec). Property presently classtfied CN (COMhlERCIAL, NEAVY) ZONE. 6/t5/St MINUTES~ ANANEIM CITY PLANNING COMMISSION~ JUNE I5~ 1981 81•380 VARIANCE R~QUEST: ~AIVERS OFs (a) MAXIMUM NUMBER OF FREE•STANQING SIGNS~ (b) PERMITTEO LOCATIO~~ OF SIGNS, (c) MINIMUM UIS1'ANCE BETWEEN FREE•STANDING SIGNS AND (d) MAXIMUN 51GN HEIGtIT TO PERMIT 2 FREE•STANDING SIGNS. Thero was no one tndiceting their prasence in opposition to sub]ect request, and although the ~t~ff report was not read~ it is referred to and made a p~rt of th• minutes. Nancy Nakagamo~ agent~ explslnad thay alraedy have a vartance In effect for cwo signs; thmt the sign they nvw have is large~ than the varisnce ailows because they moved from Los Angoles and al~eedy had the slgn end tt w111 save tham S12.000 if they can use the sign they brought with them. Tf1E PUBLIC NEAF,ING WAS CLOSEO. Chairman Pro Tempore Bushore asked if the sign c~uld be utillzed wtthin the 30•foot height limit which is already app~oved. Mrs. aennett~ GM Sign Company~ 2228 Ilollywood Way~ Burbank~ steted they could lower the aign to 30 feet~ but the petitlone~ wanted to use ihe 6 foot helght becausa that is the height of the sign they hed previously used which wa~ld Incorporate! the pole cover which Is part of the sign. Shc st~tcd they would havn to cut the old sign at grade and transport it altoget:.er which would r~cessitate additla~el m~nies for remodeling. Chairman Pro Tempo~e Bughore asked if there is a dtfferance in minimum slgns allowed under the old varience~and Dean Sherer~ Asslstent Planner~ explained Variance No. 2726 whtch was appraved saveral yeers ago allawed 6 free-standtng signs on bath thts p~ope~ty end the property to the north end today the Commission Is only considering the southern portion of the property which Is where Stadiun~ Ponti~c Is currently located. He stated basically thls is a request for two f~ee-sta~ding signs and under the oid varlance, there was a 3o-fooc htgh sign approvcd and this would bastcally be to allaw tham to have it stx feet higher than the p~evio~~ly approved sign. Commisstoner Fry ciarifled that the original Va~lance No. 272G included the other automobile dealersi~ip to the north. Chalrman Pro Te mpore Bushore stated he wouid like che petittone~ to stipu{ate khat all othe~ sign ordinanccs wlll be observed and that would pertatn ta flags. banners, atc. He stated thts site has good exposure frrm the freewaY and advertising with signs wili not be one of the pr•obiems. Ms. Nakagama asked lf tha Commission ls saying they will grant the 3G-foot height waiver painting out the other car dcalershlp had a 3~'~/2 foot high slgn. Dean Sherer ciarified that the 3~'f~t high slgn was epproved for the dealershiN to the north and thst this particular p~operty was g~ented a 30-foot high sign. 6/15/81 _e.: --',._~ MINUTES~ ANAHEIM CITY PLANNINC COMMISSION, JUNE 15, 1981 g1•;81 Commisslaner Horbst polnted out that the stgn couid ba higher if it wasn't thls clase to tha m~bitehome perk; that the ather ~utomobila deale~shtp was quite a bit further avay. Fie pointed out that the sign does not fece tha traller park an~ woutd not ba see~ by the mobtlehome par-, residanta ~nd he did not think the 36-foot hiqh sign would be detrtmenta) to the eraa. Commtssionor Barnes steted she thought the ariginal raquast had bee~ for s 36-foot high sign at thts locetio~~ but that the Commissla~ had dnnled it because It wa~s ciose to the mobilehome park And ane 3~~•foot high sign was pormitted. She stated in this caae she did not Lhink the addltlnnel G feot would do that much good. Ms. Nekagama stated It wtll halp and they were there when the M~zda sign wa~s stil) up ~nd the ftrst week they we ro there buth stgns we~~~ stil) up (Volvo and t~aTda) a~d whn~ they were on the froevay~ they could see the Masde sign from el) polnts. but could not see the Volvo stgn. Chairmen Pro Temporc aushorc polnted aut thera was qulte A bit of dtfference In the stze of the sl;~~ too. Ms. t3ennett stated the Mazda sign had b~cn moved end she was not su~e of the exact slz+n~ but knew thet it was muc~~ larger and polntod out the Mazda sign is abuut 8 feet by 17 feest. Chatrrr~n Pra Tempore Dushore ststed I~e could supp~~t tho requast for walvers (a) ~(b) t~nd (c), but chac he does believe in th~ sign ordinance snd son~timcs chere are justiftcetions, but he did not see the justtflcation in this instance for granting watv~~ (d) bccnuse the original thought was for the resldents to the sQUch. Ms. Nakagama stated she has heard thst th~ mobileheme park was going to be vacated soon. (t was notcd thc P18nning Dtreckor ar his authorizr.d re~resentative has ~te rmined that the propased projnct felts within the defl~ttlon of Categ~ricai E~~mptions, Class 3. as ciefined (n paragraph 2 of the Clty o¢ Anahelm Enviromm~ntal Impsct Report Guldeltnes and is, therefore~ categorically exempt from the requirement to pfrpare an EIR. ACTION: Commissioner Herbst offered Resolut.lon t~b. PC81~131 and mov~d for its passage and adoptlon thet the Ananeim City Planning Commisslon does he~eby gr~nt Varlance No. 3221 on the basis that denisl would deprive subJect prope~ty of a privllege enJayed by other praperties in the same zone and vtctntty and on the basis that dues to the orientation of thfs stgn~ It will not be seen by mobilehome park residents to the south a~d subJecC to IntardeRartmental Comnittee raconn~endatlons. On roll call~ the foragoing resolution was passed by tha fallvwing vote: AYES: COMlMISSIOtIERS: BOUAS~ FRY, HERDST. KING NOfS: COMiMISS10NER5: BARNES, BUSHORE ABSEtIT: COMMISSIONERS: TOLAR 6/15f81 MINUTES~ ANANEIM CITY PLANNING COMMISSION~ JUNE 15~ 1981 81-382 ITEM N0. 10: EI~ CATEGORICAL EXEMPTION-CLASS 3 AND VARIANCE N0. 3224t - .___~..~.~..~_ PUBLIC HEAa1NG. OWNER: DALE R. ANO MURIEL E. THAYER, 7870 San~nthA Circie~ Anahelm~ CA 9280~. Property described as en I~regulsrly-:haped percei of land ca~ststtng of ~pproxtmately 69yG square feet. 7£S70 Samantha Cl~cle. P~oparty proaently classified RS- 5000(SC) (RESIOENTIAL~ SINGLE-FAMILY) ZONE. VARIANCE REQUEST: WAIVER OF MINIMUM NUMBER AND TYPE OF PaRKiNG SPACES TO RETAIN A GARAGE CONVERSION. There wea no one lndicating thetr presence 1~ opposttlon to subJect requast~ and elthough the staff report was not resd~ it !s referred to and mAdc a part of the minutes. Dale Thayer, awner~ stated he runs a sma{I co~strucclon business frcxn his home. He axplatned he has one full ttme employee and the rest of his wark ts Jone by subcontractors. H4 further explalned his desk and dr+9wing b~ard have bean moved tnto the gerage wtth a wal) added around them and the ga~age converted to an affice and that there ts no cha~ge to the appearance of his home. He feit tf there wes a problem~ tt was the result of having a poal constructed in his back yard several months ago~ wlth scvera) larc~e trucks In and out of hts p~ope~ty. THE PUI3LIG NEARING WAS CIOSE~. Chairman P~o Tempore Bushore stated since Mr. Thayer Is a ltcensed contrector he kna+s the building codes and asked how he justtfled doing this without proper permlts. Mr. Thayer stated he contacted the Ctty Duitding pepartment for a permit and was informed he needed a variance and he alresdy has the Home Occup~tion Permit and he ~ euplatned he has no cmployens or custame n coming to his hon~ and that the full-time ~ employee report~ dt rectly to the job si te. i Commisslaner Ktng pointed out the Nome Occupation Permit was for utilixing a room in thc home ratl~er than the garage. Mr. Thaye~ stated he realizes the city building code would not alfow htm to put walls in the garage and that he has to be able ta park two v~ehicles in the garage which is the reason he has requested this variance. Chairmsn P ro Tem~ore Bushora asked how mAny vehicles there are in the family and Mr. Yheyer replied chat he has three vehicles. Chairman P~o Tempare Buahore steted two vehicies could park on the drtveway with one vehicle having ta pa~k in the street end ~sked how that couid be justifted. He explalned thc naighbors are required to park thei~ vehicles tn the garage and that apparantly saneone had a prablem wi th ths use. 6/15/81 ~~ , , ~ MINUTES~ ANAIIEIM CITY PLANNINQ COMMISSION~ JUNE 15, 1981 81•383 Mr. Thayer stated if there h~a besn a neighbor offended by this conve~ston, they have not talcf him about it and he aesumed when the property wes Inspected for the swimmtng pool~the office was spotted. Chelrman Pro Tsmpore Bushore ststed thn buiiding tnspncto~ would probably h~ve thought mora of htm as a c~ntractor (f he had abided by the ru1GS because there sre peoplo who come tnto the clty •I1 the timc a~d say they bought th~ property in that condttion and thet mekes hfm wondnr If m~ybe M~. Thayer ts one af the cantractora who does thts type of work without permits. Mr. Theyer stated he understands and if the rcquest Is denfed he will remove the convorslon~ b~,t that his ~usin~ss will still be matntained in hts home. ChalrrrMn Pro Tempore Bushore stated he beltevod the Commission would require the conversfon be remaved bacause it s~ts e bed precedent and Is something the Commtssion does ~ot wdnt~ ospecially in auch a nlce nelghbo~hooci. Ne stated he wouid not want a1) tho ncighbors Co come in end say tl~ey wsnt e pool room a~d th~n everyone park their cars in the cul-de-sec. Mr. Thay~r stated he is nat selling anything to the p~lic and no one cames to hls business. Cammisstoner Fry stated thet Ho me Occupation Permit ts very spectfic tn that the office mu5t be malntalned in the hortr and Mr. Thayor (s utiltzing thc qeraga which makes it not Available for vchicular parking. Mr. Thayer stated he interprested "h ar~e" to be frnm the curb back and that he could put wl~etever I~e wanted in hts home and understo~J he needed a vari~+nce which is why he is he~e and is nat fighting the Conmisaion but is seeking chelr uncierstanding. Commissloner Nerbst stated if 4ranted, the varlance would remaln with the praperty ltsclf and the~e is no way to get thc canverslon removed in the futu~e. Ho stated if this is allowed~ then someone else would be saying they would be denTed a prlvllege granted to otfiers. Ne felt for that ~eason a variance coulc~ not be granted and also because there is no hardship. It was nated the Rlanning Directar or his authoriz~ representative has determined that the proposed proJect falls within the def(nttion of Categorical Exemptions~ Class 1~ as deflned in paragraph 2 af the Clty of Anaheim £nvlronmental lmpact REport Guicklir~es and is, therefore~ cs~tegorically exempt from the requirement to p~repare an EIR. ACTION: Co mnissioner ikrbst offered Resolution No. PC81-132 and mUVed for Ics pa ss a~ge and adoptlon th~t the Ansheim City Plan~ing Cortmisslon does hereby deny Varianc~ No. 3224 on the basis that it woutd set an undesirable precedent and on the besis that no hardship has been denqnstrated. On roil call, the foregoing res~lutien was passed by the follewing wte: AYES: COMMISSIONER5; BARNES, BOUAS~ BUSHORE, FRY~ HERBST~ KING NOES: COMMISSIONERS: ~~ONE AsSENT: COMMISSIONERS: TOLAR 6/15/8~ MINUTES~ ANAIIEIM CITY PLANNIIIG COMMISSION~ JUNE 15, 1981 81~384 N0. il: EIR CATEGORICAL_EXEMPTION-CIASS 3 AND VARIA-ICC N0. 322Ss PU9LIC NEARING. OWNERt BEN AND MARY LOU NATI~AWAY~ 106A Wcst Ketella, Ansheim~ CA 92802. AGCNT: CLARINDA L. WILLIAMSON, 1AG0 West K,etellr~~ Anahelm~ CA 92802. Property dascribnd as a rectangula~ly-shaped pa~cel of land wnststing of approxtmately O.y acra~ lacated at the sautheast carner of Ketella Avenue end Weat ~t~eet~ 1060 West Katelia Avenue (Tiffy's Way). P~operty p~ese~tly clesstfled CR (COMMERCIAI. RECREATION) ZONE. VARIANCE REQUEST: WAIVER OF PROHIBITED SIGNS TO PERMIT AN OUTDOQR ADVERTISINf YEIIICLE. There wes no on~ Indicating their presence in oppasition to sub)ect request, a~d although the staff raport was not read, tt Is refnrred ta and msde a~art of the mi nutes. Be~ Hatharvay ~ a~rne~, stated i t i s h i s des i ro to have a 19~G horse-drawn popcorn +~nd peanut vending vehiclc instead of heving a~other sign co improve his business at hia resteurant; t1~at tt Is a ve ry boautifui vendor and ffts into the formal deaign; that tt ia made of leaded glass with brass and it wiil be located i~ the front erea of Tiffy's family restaurant; that (t took approxtmstely 1 year to compiately restore the vehicle and that thay have dtscussod it wtth their neighbors. He stated ha faels tt wlll be a plus for the area and explained he started out in buslnnss in the Disneyland Hotel for many yeers and has taken a lot nf input from the Disneyla~d peopla and from the Stova~'s who awn a Iot of motel property In this area. He stated they believe this wi11 lend itself positively to the area since It is conttguous to Disnoyland. t1iE PUBI.IC HEARING WAS CLOSED. Commissioner Fry asked if there wtll be any type af ld~ntiftcation stgn on this veh i s 1 e and Mr . Ile tt~awey rep 1 t ad no. Commtss(oner Ba~~es asked if the vehicle will ellminate any of the parking spaces and Mr. Nathaway repllcd lt will not ellminate any spacea; that the restaurant was des~gned with flaverbeds tn che front and during their vpening ~ years ago they had a calllope, popcorn. etc. and thelr front entrance was ckstgned to acconxnedate a vender and it will not interferc with the people coming from the ~arktng 1ot in the rear and it will not obstruct the sidewalk. Cheirm~n Pro Tempore Bushore was concernad ha~- the trailer wovld be secured and Mr. Hathaiway repli~d it wt I1 probably heve anchora bu~ied in concreta underneath and t~e axles wrapped with a chaln and padiocked. b/15/81 MINUTES~ At1ANEiM CITY PLANNING COMMISSION. JUNE 15~ 1981 81-385 It w~s noted th~ Planning Dl~~ctor or his ~uthorized rep~esentative has determtnad that the praposed pro~ect falls within the deftnltion of Catec~orical Exemptlon~~ Class 1, as deftned in pa~~g~aph 2 of the City of An~helm Environme~tal Impact aeport Guldeltnes snd t~~ th~rofore~ categoric~lly exempt from the requlren~+nt to prepare ~n EIR. AC1'I ON; Commiss lo~c~ Kt ng of fo~ad Re~ol utior~ l~lo. PC~1-133 ond movad for i ts passega a~nc~ ac~optlon that the Anaheim City Planning Commission does her~by grant Vertante No. ~225 on the basis of its lacatlon a~d su~roundings and on the b~sts that dental would daprive s~bJect proparty of prtviteges granted to other propertles in the same zone and vtcinity and subJect to the petitloner's atipul+~tion that no ldenttficatlon or advertistng signs wlll be pleced on the vehicle and sub3ecc to interdepartmental Commlttee rocommendettons. On roll call~ the forec~oing resalution was passed by the follcri+ing vote: AYES: COMMISSIOt~ERS: 4ARNE5. BOUAS~ BUSNORE~ FRY~ HERBST. KING ~~OES: COMMISSIONEf~: NONE AEiSENT: COMM15510NER5: TOLAR IT~M N0. 12: EIR CATEGORICAL EXEMPTI01~-CLA55 1 AND VARIA~ICE N0. 3226: PUaLIC NEARING. OWNER: HEINRICH AND MARTHA VIRRO~ 912 North Lenan Street, Anahetm~ CA 92805• Property de+scribed an e rectanc~ula~ly-shaped parcel of land consisting of appraxtmately 0.1 acre~ 912 Nortl~ Lamon Streot. Property arasently classtfind RM- 1200 (itE51DENTIAI. MULTIPLE-FAHILY) ZONE. VARIANCE REQUEST: WAIVER QF MINIMUM NUMBER OF PARKtNG SPACES TO RETAI~I A GARAGE CONVERSION. There was ~o o~e indica~ing thelr p~esencc in opposltio~ to subject requost~ and elthough the staff report was nat rsad, it is reforrcd to and made a part of the minutes. Noinrich Yirro. arner~ was present to an~wer any questtons. Chalttinan Pro Tempore Bushorc askad how r~any oth~r tenants a~e in the bullding~wtth Nr. Vir~o replying he has three units and three Lenants. Chairman Pro Te mpore Busho~e asked how many c,sra are usually on the property,wfth Mr. Virro replying eacl~ tena~t has one c.:~ and he has one car for a total of three. Chalrn-an Pro Tampore Bushore stated if one of the tena~ts moves out and the new tanant has more than one car, thare coutd be a problem and asked where he would park his car on street sweeptng day. Mr. Virro ~eplied that the apartments are for singie persons only and that sometimes the~r won't have one car. He ~xplained thts gar~ge conve nlon w~s for the convenience of hls tenants es weil as h~in~elf. 6/t5/81 MINUTES, ANANEIM CIT~ PLANNING COMMISSION~ JUNE 15r 1981 81-386 Cheirman Pro Tsmpore Bushore stated he is worrled with the garage conversion; that oven though the perktng Is adequate ~tght ncw~ If a naw tenan! has Mo cers~ that could be a problam. He stated he drove by the are~ Sundey snd noted there were six cars parked there. with tha heavi~st concantratta~ around thts compiex. Ne stated thero is probably a parktng problem on this street with other neighbars. but that thia would bn contribu;ing tn the parking pr~blem. h1e statcd he could not find the hardship for ~ustiflcatlon for approval of this variance. ACTION: Commtsaloner King offcrad a resolution and moved for tts passage and sd~optron thet the Anaheim Ctty Planning Commissien does hereby c~rant Variance No. 3226 on the basls of the limited size of the property. On ~oll cell~ the forec,~oing resolutlon FAILEO TO CARRY by thc following vote: AYES: COMHISSIONE RS: BOUAS, KING NOES: COMMISS I Ot~ERS : BA~I•~ES ~ BUSNOaE ~ FaY ~ f~EaBS7 ABSEtJT: COMFiISSI0N~R5; TOLAR Commissloner Barn~s tndlcated she did not see any grounds for granttng the varlance. Commissioner 6arnes offered Resolut(on No. PC81-134 a~d moved for Its pessage and adoptton that the Anahelm Llty Planntng Commissian does hereby deny Varlance No. 3226 on the bests that no hardship has bcen shawn due to the size. shepe~ locatton or topography of subJect property and on tha basls that it oould set an undesirable precedent. On rol) call. the foregoing resolutlon wes passed by thc fallowing vote: AYES: COMMI SS I ONERS: BAR~IES, BUSHORE ~ FRY ~ HERBST NOE~: COMMISSIO~~ERS: d0UA5~ KING ABSENT: COMMI S510t~ER5 : TOLAR Jack Whitc~ Assistant City Attorney, presented the w~itten right to appeal the Planning Commission's deciston within 22 days to thc Ctty Council. ITEM N0. 1: EIR CATEGORICAL EXEMPTION-CL~55 11 ANO VARIANCE N0. 3227: PU~LIG t' ,aING. 041NER: NORTII AMERICAN INYESTMENTS~ 19t~0 North Tustin Avenuc. N100~ Orenge, ca 92G65. AGENT: MITCHCO INDUSTRIES, 2431 South Anne Street, Santa Ana. CA 92704. Property described as a rectangularly-shaped parcel of land conststing of approximately 3•1 acre, located at tl~e southwest corner of Ball Road end ~ilbert Strcet. 2424 West Bell Roed. Property presently classified CO (COMMERCIAL. OfFlCE AND PROFESSIONAL) 20t~E. VARIANCE REQUEST: WAIVERS OF; (a) PERMITTED LQCATION AND (b) MAXIMUM HEIGHT TO PERMIT A FI~EE~57W~DlNG 51GN. 6i~sia~ } ~ ~ ~ , ~ j ~ MINUTES~ ANAHEIM CITY PLANNING COMMISSIpN~ JUNE 1~~ 1981 g~.3$~ There was no one indlcating chelr presence In oppoaitlon to subJect request~ and although the staff report was ~ot read~ (L Is referred to and mede s part of the minutes. A. F. Mitchsll~ Mitchco Industrles~ 2431 S. Anne Streat, Santa Ma~ stated tha reasen for thl~ vartance requast Is that the sign ts 4-1/2 feet toa hic~h and would be wlthin 300 feet of the residential apartment complex acroas Ball Road. He stated the sign Is needed because it is right in the center of the s~~opptng center and if It ts lowered to under 25 feet• thmre wlil be problems with vandals. LouAnn Guss stated she has a bus(ness In this center and she was not in favor of thts sign and tf it Is too big~ she would request that lt be lowered or taken out because she wtil have to pay for the electricity; c~~at none of the tenents are meking (t tn tha conter financlally a~d thts sign wil) cost everyone; thst the tensnt cannot put what the+y want on the stgn if they dectde to parttcipete and there hes onty been maybe two bustnesses out of the wholr center who have agreed ta go on the slgn. She stated she would request thst it be teken dawn, If possiblg. Chairman P~a Tempore Bushqre clariflod that the sign is alreedy up. Mr. Mitchell stated part of thn sign ts not up yot so it ts not over 2S•feet high. He stated thts Is Ct~e flrst he hss heard of any obJactions; thet the stores are not doing the bustn~ss they really should and they do ne~d somc advertising; that thei~ signs are too small end cannot be seen fren~ the stre4t. He statQd he does not understanJ her eb)ectlon becausc he knews that advertlsing pays. He stated the vwne~ of the shopptng centcr is buyfng the slgn and Ms. Guss replied from the audtence that h~ is not payiny for tt. TIIE PUBLIC HEARING WAS CLOSED. ResEwnding to Comn(ssioner Fry~ Mr. Mttcheli replied part of the sign (s existtng and Just the roof would be added and that it wil) be 4'6" too high wlth the roaf completed. Chal rmen Pro Tempore Bushore asked why the roof is necessary and M~. Mi tchel l stated the ttle roof adcis a lot to the stgn ~nd biends in with the butl~(ng. Ne responded to Chairman Pro Tempnre 9ushore that tF~e variance Is required because the slgn is less than 30Q feet from the apartment oomplex ac~oss Bail Road and it -rauld be ollowe~ if (t was relocated furthcr down on the property, and that it cauld be as htgh as qa feet. Chatrman Pro Tempore Bushore stated he prefers to comply with the sign ordtnance and he witl vote agatnst the request. Commissiorer 8ernes stated the varlance ts actueily for the additian of the roof because the sign ttself is naw 25 feet tali. Mr. Mitchall stated he c~uid lawer the slgn 4-1/2 feet and ~ne chanqe panel would be right on the ground and would be torn up by vsndals. 6/15/81 MINUTES~ ANANEIM CITY PLANNIIIG COhWISSION~ JUNE 15~ 1981 81-3a8 Commisstoner Barnes statRd this city has had a probinm with ~eople putting up signs and then comtng in for e permtt and felt~ as a sign contractor~ Mr. Mitchelt Is pretty well aware of the aign ordinences and aaked why he did not check first before putting the slgn up. Mr. Mitchnll ~eplied he did check with Frrncts Nutta~ but tt Just slippad his mind that the apartment complex was closnr than 300 feet~ so after desiqning the stgn and the cli~nt llked tt, when he came back for the permtt, Mr. Nutto remembered the apertment complex and sugyeqted relocating the sign; however, the same ow~er owns the p roperty adJacent to Gtlbert and plans to cb velop it and a variance would then be requ) red to have a sign on th~t corner. He stateJ he has a permlt for thc sign ond can lower it~ but felt that would be a disfavor becausc of the va~dals. Responding to Commiss(oners Barnes and Fry~ Mr. Mltchell explalnrd the roof wes designed as an integral part of che slgn at 29'6" high, but if it is naved~ it could be aven higher. HG statad he did not aea the slgn as an eyesorn and it Nould not bn objectionable to the ~esidential ~rea. Chalrman Pro Tc mpore 6ushoro stated he would offer e resolutlon for denial and Jack White~ Assistant City Attorney~ explained waiver (e) ls t~ allow the sign in Its present lncation And explained one walver could be altowed and one denled. It was noted the Planning Oirector or hts authorized representative has det~rmined that the proposea project fails within the definitton of Categorical Exemptions~ Class 11~ as defined in paraqraph 2 of the City of Anahelm Environmcntel Impact Report Guldelin~es end (s~ ti~erefore~ catec;oricatly eacempt from the requtrement to p~epare an EIR. ACTIOt~: Chairman Pro Tempore 8ushore offered ResAtution No. PCaI-135 and moved for t~s~passage and adoption tt~at the Anahelm CI ty Planninc~ Ca+imission does hereby grant Yarlance No. 3227. 1n par~~ granting waiver (a) on the basis that the request ts minimal anci denial would deprivr s~bject properCy of a prtvilege enjoyed by other properties In the samc zone and vtcinity and denying walver (b) on the basis that no hardship was demonst~ated and approvai could sec ~n undesirable p~ecedent, and subJact tQ I~tcrdepartmental Comnfttce Recommendations. Commissiancr Nerbst stated the hciyht Itmitations of the stgr- ordlnance were intended to prohibit any flashing llghts tnto the resldences across the street a~d adding the roof will not change thc sign. Chalrman Pro Ter-por~ Bushore asked haw tl~e Commission could deny a simtlar request to someone else for a sign 29-1/2 feet h(gh without a roof. Commisslnner Barnes stated the next person could tak~ the roof off and add more illumination and Commissioner tlerbst suggested limiting the variance to this particular slgn, witho~t any changes. Comsnissioner Barnes continued thet the city has a sign ordlnance which was worked hsrci for and is trying to keop the signs in 6/15/$1 ~ ~ c ~~ ~~ ~ ~~.~ ~ MINUTES~ ANAHEIM CITY PLANNING COMMISSION. JUNE 15, 1981 at-389 Anahsim down to a certaln levei and Harbor Bouleva~d al~eady looks llke Las Vegas wiRh •lgns thst I~ave been thsre fo~ ~ lang time. She stated tha Commi~slon just keeps granting sign v~rlonce: and if the sign ordinsnce ts not necessarr~ then tt should be elimtn~ted. An ro) l cal l~ L'~~: fa~rogoing resolutlon waa passed by th~ fQl lowing vote: AYES: COMMISSIONERS: BARWES~ 80UAS~ BUSHORE, FRY NOES: COMMISSIONE RS: HERBST~ KING ABSENTt COMMISSIONERS: TOLAR Jack Wh 1 ke ~ Ass I stsnt C i ty Attorney ~ presented the w~t tten rl ght tc~ appeal the Planntng Commtsslo~'s decislon wit~~in 27. deys to the City Counctl. ITEM N0. 14: EIR CATEGORICAL EXEMPTION-CLASS 3 AND VAaIANCE N0. 32:8: -- ------ PUf3LIC tiEARING. 041NER; RONALD W. ANO JEAN C. 8E01dELl. 131 Paseo Rlo hbreno, A~ahelm~ CA g280 7. Property dascribed as an Irregulariy-shaped parcel af land conslating of approximately 0.14 ecre~ 131 Pasao Rlo Moreno. Property presently classifled RS- 5000(SC) (RESIDENTIAL~ SINGLE•FAMIIY SCENIC CORiIIDOR OVERLAY) ZONE. YARIANCE R~QUEST: W AIVER OF MAXIMUM FENCE NElGHT TO RETAi!! A FENCE. Tl~ore was no one indicating thefr presence tn opposttl~n to subJect req uast, end alChoug!~ the steff report w~s not read. it is reFer~ed to and rrbde a part or i.!~e minutes. Ron Bed-+cll~ owner, a_ated he purchesed th(s housd 3 or 4 years aga and the fence waa existing; that it ls sl~ampstone piliars aite rn~ted with wrought iron and is on three aides of the p~aperry; thot t~~e house is at the end of e cul de sac a~d relattvely 1lttle of the fence shavs from the st~eet. Ne stat~d the fence wes one of tht reasons for buying this particular house; end chat he has taiked with three lmmed(ate netghbors and they all like chc fence. Chairman Pro Tempore Bushore scated there was a complatnt filed but appa~ently the peraon ts not present; that It is a geod lc,oking fence, but a hardahtp h~~ to be ahawwn and he wlil personally vote egalnst it because he does not believe in violuting the ordinance. TNE PUBLIC HEARING 1iAS CLOS~ED. Conmissioner King asked if a safety frcto~ would be considered a he~dship because of crtme. Jack 4lhite, Assista~t Clty Attorney~ explaln~d the ha~dshlp nwst relate to thc proQerty's ~ize. ahape~ topogrephy~ tocation or su~rouridings; and that there is a posstb;'ity Chat if tfi e p~operty was in a high crirne arRa or if it attracted crimc bscause af the ~ature of its use, It couirf be cansidered a hardship; hvwev~e~, he dtd not think that would De the case In this (nsta~ce. 6; t5/81 MINUTES, ANAHEIM CITY PLJINNING COI~MltSSIQN~ JUNE 15~ 1981 81-390 I! wa~ noted the Plenning Ol~ector or his •utfiori=ed ropresentetive h~~ determinod Lh~t the proposed pro)ect falls wtthtn the defin~tion of Gtago~icei Exemptlont~ Clats 3~ a~ definod (~ paragraph 2 of the Clty of a~ahelm Environmentol Impdct Report Gutdelines and Is~ therefora~ catego~ically exempt f~om th e requlrement to prap~re an EIR. ACTIQN : Cummts~tane~ King offered Resolutian No. PC81-136 and moved for its psssage ~n~ adoptton thet the Aneheim City Planntng Canmtssion does he~eby grant Varlance No. 3228 on the basl9 af the shepc of the property, and on th ~ basla thet the fence ta existtng and cloes not block tha vtcnv from any neighbar's property or from the street, and subject to Inte~departmental Commtttee rcconwnendetions. On roll cail the foregoing resolution waa ~assed by the foitawtng vote: AYES: COMMISSIONERS: BARNES~ BOUAS~ fRY~ NERBST, KI~IG NOE:' : COhIN I SS I ONERS : 8~15HORE ADSENT: COMMISSIONEFS: ~4LAa Commissioner Barnes stat~~ sh~ felt steff should p~esent a report so thrt the Cammisslan can ravi~w che ~rdinanca pertalning to fences b~cause she foit there will be a lot more of these requesxs. Chai~men Pro Tenpore Bushore ststed the thing hc usually doesn't ltke on these ~equests is thelr Jealgn and this design is fine~ but he felt the ordinance should be changed ar adhered to. Oean Sherer~ Assistant Plsnner, resp~ndod that steff wouid check wtth other ~urisdictions and report to the Comm(ssion ln 4 to 6 w~eks. ITEM N0. 1: EIR CATEGORICAL EXEMPTION-CLASS t, wAIVER 0 f COOE REQUIREMENT AND ~~D N L US~~F~N~ 22~'I: PUBLIC HEARING. OWNER: IAKEVIElJ PLAZA INVESTNENT CO.~ LTD.. 1F1 Town end Country~ Ote~nge, CA 926G8. AGEt+T: MACAR'T1~UR'S BETSY ROSS, 44~ North Lakeview Av~snue, Anahelm, CA 92807. ATTENTION: GARY NcARTHUR. Property ~scrlbed as an ir~egutariy- shaped parcal of ;and consisttr~g of approximetely 3.1 acre~ located north and east of tha northeast torner of McKinnun Orivr and Lekeviaa Aven ue, 444 North Lekeview Avenue (Betsy Ross Restaurant) Property prasently classifled C! (SC) (COMMERCIAL, LIMITf.D SCENIC CORRIDOR OVERLAY) ZONE. CONDITIONAL USE REQIIEST: TO PERMIT ON-SALE ALCONOtIC 4EVERAGES IN AN EXISTItJG RE~~AURANT WITtI WA~~lER OF MINIMUM NUMBER OF PARKING SPACES. There was no one in~iicattng thglr presence in oppc-sitton !n subJ~ct request~ and a) though the staff ~eport was not rcad. i t ts refc~red to and made a part of the minutes. Roberc Hal !. 2242 G~~and AvenuQ ~ L1 arert~ont ~ CA, stated they have been { n the restaurant b usiness fo~ same time and would like to add a cocktatl lounge In this 6i~sia~ MINUTES~ ANANEIM CITY PLANNING COMMISSIOM, JUNE 15, 19B1 $1•391 f amily-type r~staurant becauae people like to slt and have a drink while walting and 11ka a nice place to sit. THE PUBIiC HEAa1NG WAS CLOSED. Cortmisaloner King asked if there ere ~ny parking problems and Commissioner B~rnes stated there a~e perking problams at the present; that she goes there frequently and knaws there (s a parking problem; that she would like to have a sign put in to Indicata that there ts parktng in the rear and suggested tt be pleced tn the parkway; that people do nc~t knaw that ttiarc Is perkl~g in the rear and tf they knew~ she dld not think ther~ would be a parking ~roblem, Chairman Pro Te mpc~re 9ushore statcd it (s posslble a lot of employees are pa~king out front an~ suggested they be requlred ta park in back. Mr. Ilall stated the employ~ees are not suppased to park In front; that they d~ police their pa~kiny because it Is very important for their cuseomers to t~o able tu park as close to the front doo~ as posstbie; thet people (n thc c,enter i~ave a tendancy to park in front of their shops and they do everything they c~n to c~et the employeea of tlic conter ta park in the rear and the ~mployees uf thts rest~urant pa~k as far away ~s they can . Chatnnan Pro Tempore Dushore suggested Mr. Hall report ta the center owner that he should get the employee:s of the shops to park in the rear because it Is qetting very close to becoming a problem and thare may be gomeone alse who wants a permit or varlance later and they will be penalixed. Commissioner Ba~nes suggested tt~e message be relay~d to the othar tenents thet a conditional use permit can be revi~w ed and ~evoked if there ts a trafftc probiem which mlght encourage them to havc their employees park in the rear. Mr. Hall stated nbst of tha shops in the centor a~e closed by 6 p.m. and the restaurant's peak hours will be (n tl~e evcning; that there Is probably a traffic probiem during the lunch hour. but tn the pti~enings he hasn't nottced that there has been a problem. He stated they are n~t increasing their seating tapaclty and a~e makiny the changes inside thc resteurant. Commission'r HerNst asked if there will be a lounge or a bar and Mr. Hali replled th~y will have a bar with 10 stools. tommissioner Herbst stated he felt that could be a problem becoust a bar would bring tn outside p~ople who )ust want a fiew drlnks before they go home. Dean Sherer~ Assistant Pianner. explained the parking ~equlrement far this restaura~t Just about cbubles because it was calcuiAled on 1 space for every 3~ square feet for the dtning and drinking area; whareas, a resiaurant wtth Just on-sale beer and wine would be 1 space for ev~ery 12K square ~eet gross of the enti re restaurant. It was not~d tt~e Planntng Director or his authorixed representativc has determined thet the proposed proJect falls wlthin the deftnition of Categoricai Exempttons, 6/ 15/81 MINUTES~ ANAHEIM CITY PLANNING COMMISSIA~~. JUNE 15~ 19a1 81-;g2 Clasa 1~ as defined In paragraph 2 of the City of Ansholm Environmsntal Impact Report Gutdeltnes and is~ therofore~ categorlcally exempt from the ~equi~e+nent to p~epsre an EIR. ACTION: Comni~s toner KI ng of fe~ed a mct lon ~ secondod by Gommt ss ton~r Fry and NOTI Ot~ A~R~R ED (Commissloner Telar betng •bsent) that che Aneheim City P1~nninq Coma~isston does hereby grant waiver of code raquirement un the b~sis thdc the other bus inesses In thQ st~apping c~mplex are ~ormal ly closad during thls ~estaurant's pe~k demand a~~d~ cuatomer's perkiny needs wt 1) vary throughout the day. Commtssioner King offered Resolutlon Mo. PC81-137 and moved for tts pa~sage snd edoption that the Maheim Ctty lanning Canmtsston does hereby grant Conditiona) Use Permit No. 2227~ subJect ta the Netitfoner's stipulation to instell o stgn i ndlcating parking is evailable at the ~ear end to nu+ke certatn employees park In designated employee parking areas And sub)ect to Interdepsrtmental Cortimitte~ recommondations. On roll call~ the fore~olnc~ rasolutlon wes ~assed by the foilawing vote: AYfS: COMf11SSI01~E1~5: BARtiES. BOUAS, BUSFIORE~ FRY~ IiERUST~ KIN; NO~S: COMNI~SIONERS: NO'._ AaSENT: COMMISSIONER5: TOLAR Cortn~lss!oner li4rbst stated he would like for the awner of the shopping center to {cnow that this (s a vartancc gr,~nttng a wAtver of p ktng spaces and further bui ldtng tn that area will probably Ee very negecively vi~wed. Mr. hial l elarifiod that thn re~qu( remcnt for che sig~ ts a part of the apFroval and (t was noted thnt wt 11 be a part of the resotutlon and the petitioner can check wlth th~ Planning Department a~~ to stze and locacion. ITEM N0. 16; EIR NCGATIVE pECLARATION (PitEVIOUSLY APPROVED) ArID CONDITIONAL USE ERMI 0. 219 I PUE3LIC HEARING. OWNER: BETH ADAHS LTG. ET~ AL. ty1~5 411lshtre Boulevard~ Los Angeles, CA 3001). AGENT: DAVID TRAU(3, 131 41est Katei la Avenue, Anaheim~ CA 92802. P~operty descrlbed as e rectangularly-snaped parcei of land consisting of approximately 0.87 acre, located at the northeast corner of Katella Avenue and teyn Street, 131 West Katella Avenue (Palntings of the World). CONDITiOhAL USE REQUEST: PETITIONER REQUESTS DELETION OF C4NOITION N0.'s 2 and 5 OF PLAFiNING C011MISSI~N RESULUTI01~ N0. 81-83 PERTAiNING TQ STitEET LIGHT INSTALLATION AND TRAFFIC S 1 GNAL ASSESSMENT fEE. There wes no onc indic~ting the(r presence in oppositton to subJect request, ~nd al though thc staf f report was not read, i t is referred to and made a part of the minutes. David Tra~ stuted he is qulte distressed about two canditions which were i~eluded In a recen~ c~onditlonal use permit; and that one of the condttioR required the 6/15/81 ~ ~ NINUTES~ ANANEIM CITY PLANNING CONMISSION. JUNE 1i~ lgal 81-393 installetlon of street lights alo~~ Katella~ He poin~ted out his bustness cloae ~t 5:30 p.m. anA he dld not think this condttion ts epplicable (n thls case; that ~nera • ro existing street Iights on the street and thay seemed ta be spaced st 1A~ foot intervsis a11 the way da~•n the stroet on both sides; end that he hea two large morcury vapor lights on his buliding which Nero (nstalied about 5 yea~s sgo Por iecu~ity p4~poses and they ~ ro ~n all niyht long and octually Itght up the whote perking lot and a portto~ of the sidewelk. He stated he felt thls request is unreasonable. TNE °UBL IC NEAa111G WAS CLOSEO. Commissioner Ha~bse statod every property t~ tl~is city must participetes In lighting tl~ ~ streets end this property had that ccm~lltton as part of the ortginel permtt and lt has nevc:r been met~ and asked why it shauld be deleted slnce eve ry other prope~ty ow~er has to pay it, whether tl~e l ighting is (n front of the pror rty or not. Mr. Traub stated origtnally 5 years ago w hen the original concllttonel use permlt was qranted~ he tl~ouyht thls was taken care of by hls landiord. but the landlord ts maktng it hls probiem ~nd has made him sign an affidavlt thAt any expense tncurred woulcl be his expense~ otl~erwtae he would bo cvicted. ~le stated cvcry co~ditlon that has been spelled out In this permlt is now his prnblem. Ne scated the other item of concern was the traffic signal asse~nent fec. Commtssioner Me~bst potnted out both these condltions are requlred of every property in the c-ty an~ he did not thtnk an exception shauld be made. Mr. Traub stated his business generatcs vcry itttle traff(c and he did not fecl he should have to con~ribute to the traFflc signals. Fle stated he has spaken wtth 3 other :~sinesscs (n the ar~a who didn't participate. Commlssloner NerbsL stated somewhere along tt~e way scxneone has ta pay the fQes and Chairman Pro Temporc Bushore stateci sooncr or latrr everyone pays the fee~~ t~nd if khey haven't been paid on the other propcrties. they wlll be assessed eventually. Chal~man Pro Tempo re Bushore asked if Mr. Traub also opc~ates "PAtntings af the World." ar.d Hr. Traub rep) ted it is now the "Art Antlque Emporlum." Chairman P~o Tempore Bushore stated F~e had been to th~e "Paintings of the World" at night~ and Mr. Traub statcd it hasn't been open at night for about a year. Mr. Traub statsd concGrning the street '(gtits~ that he cannot image where addttior.al street ltghts would go. Chal rn~an P~o Tempore Bushor~ asked i f the ci ty 1s request f ng street l l vht installaeion or Just that the fees be paid and Jay Titus. Office Enginme~~ ~-±plied the condition re~ds that the instellatlon hss b~e~ ~~quired. t-~n Sherer pointed out thts was a condltion of the ortgtnal permtt and was never c~mplied with. 6/t5/81 ~ MINUT~S~ ANAN~IM CITY PIANNING COMMISSION, JUNE 15, 1981 81"394 Mr. Traub rosponded he was not aware of the conditlon untll now; thst the l~ndlord attended the hearing whan the permit was granted fo~ the other bustness and ha was under the tm~re~sion at that timn that all the condttlons would be the la~dlord's rsaponslb111ty and It went unnoticed until he rocetved the last set of candt;lons and naw the landlord has made them his responsibliity. ResNanding to Chatrman Pro Tempore Bushora~ Jey Titus rcplied tho trAffic signal asseesment fee haa anly benn tn effect for a cvuple of years and prior to that the fee didn't extst, but tha st~eet lighting fee has been in effect for yQers. Mr. Traub explei:~ed tt ts his understanding that the requirement Is for the installation of ~dditlo~al strget llghts, but he dld not se~ the need for the insLallation becduae tha otf~er stre~et Iights are Qqually sp+~ccd on Katelta. Ne felt asking for m~re :treet llghts is a mist~+ke. DeAn Sherer explalned thn conditl~n raads that he is required to Install st~eet li~ts or past a bond to guar~ntee ~he inst~llation of ~hose street lights. Chairman Pro Tempore B~~shore su99ested the Comn~ission go ahead end act on the request and if the appltcant is not happy with that action~ he daes heva the right of appeal to the City Counctl. Ne expla~ned during the appeal perlod. staff can look into the mette~ to see lf there is e~ erro~. J~y Titus explalned according ta hts fteld report fror+ the people (n the field~ it (ndicates on Katella there are ~w~ wood pole st~eet lights artd probably what Electrlcal Otylsion is ~equesting is a normal ornamenta) stroet tight. Mr. T~aub potnted out there a~e strect 11gF~ts o~ wood Poles, but there are street l ights on concrete polas. Chairman Pro Tempore Bushore asked that that condition be revlewed with a visual tnspeetion of the area. Mr. T~aub st~ted `~e felt in view of the minimal number of cars generated by his use, it would not be fair to have to pay ove r 55~000 for traffic signals with the maJority of traffic on tha• street either frequenting Disneyland, the stadlum or convention cente r. Chatrr.ian Pro 7empore Bushore stated h~ re~llzed it is hard to be (n business today and that these are hard times ancJ theru are a lot of governmental taxes but the Plann{ng Commission ts not the body which wairrGS *_hose fces~ although they are a part of the permi t. Mr. Traub as4:ed if an exception can be nw de due to the nature of the business sf~ce it c~eates a mintmal amaunt of business as opposed to the 7-il store on the corner with vehicles coming and yr~ing alt day and night. Commissloner Barnes stated siie is ve ry sympathetic to the problem~ but felt the awner of the praperty shoul d pay the fees. 6/t5/81 ,' MINUTES~ ANANEIM CITY PLANNING CQMMISSION~ JUNE 15. 1981 81-395 Mr. T'reub steted if I~e doesn't pay Lhe fees~ his lease is in Jeope~dy. Commisstoner Barnes stctnd she would llke to see the owner get snothor ter nt. Chal~man Pro Tempora Bushore stata~ ~he owner wtll have to pay the fees later end if this tenant leaves~ he wtll atill have to poY them. ACTION: Commissloner Fry offarud Resolutian No. PC81-138 ancf moved for (ts passage an a tion that the Anaheim Ctty Planning Commiston cloes hereby deny the requast to delete concltti~~ns No. 2 and 5 of Planntng Cammission Resalutlon Pb. PC$1- 83 pertaintng to street tight insta!lation and traffi~: signal assessment fees for ~~~nditlonal Use Permit No. 2198. On roll call~ th~ fo~egoln9 resolutfon was pa~s~d by the following votc: AYES: COMMISSIONERS: BARNES~ 80UA5~ BUSNORI FRY~ NERBST~ Y.ING NOES: COMMISSIONERS: NONE ADSEPiT: COMMISSIONERS: TOLAR Jack Whtte~ Assistant Ctty Atto~ney~ prese~ted the written right to appeal the Planning Commlssion's decision witt,tn 22 days to the City Council. ITEM N0. 17: EIR NEGATiVE DECLAftATIOI{ hiJD CONDITIONAL USE PERMIT N0. :''.22: PU(3LIC NEARING. O41NER: NARRY A. FERGUSON, 3715 Landfair Road~ Pasedena~ CA 91107. AGE~IT: HAGAY FEINSTEIN~ 2083 South Harbor B~uleverd, Anaheim~ CA 92802. Property descrtbed as a reetangularly-shaped parcel of land constst~ng of approxtmately 0.5 acres~ to~ated ~t the northwest corner of Orangewood Ave~ue and Harbo~ Bouleverd, 2083 South Narbor Boulevard. P~operty presentiy classifled Ct (COMMERCtAL. LIMITED) zoNE. CONDITInNAL USE aEQUEST: TO PERMIT TRUCK ANO TRAIIER RENTALS IN AN EXIS7ING SERVICE STATI ON. There was no one indicating thel~ pre°enca tn apposltlon to subject request, and although the staff report was not rea~~~ it is referred to and made a part of the minut~s. Hagey Feinstein~ 2QE~3 Soutli Harbor Boulevard~ Anaheim~ CA, operato~ of the Texaco s+tation at Harbor and Orangewood. stated he wiil donate part af the profit from the rental of these trailers and trucks to the 5hriner Hospital for Crippled Chtldren. THE PU~IIC NEARING wAS CLOSED. Commissioner He rbst stated this is a lArd use problem and from reviewing the site and the plens sub mitted~ the site dc~es not appea~ to have adequate spaca for the number of vehicles proposed without encroaching onto the adJoining commercial property~ pointtng out the property is approxtmately 125 feet x 125 feet. ~1~~S~r ~,:~ 1 MINUTES~ ANANEIN CiTY PIANNING COMMISSION. JUNE 1y~ 1981 81-396 M~. Fainstein re~:lled he plans to use his own proper•y~ and polnted out on the plana where he propoaes to park th• trallers bohind the buildtng and the trucks on the stde of the bullding. Cammissloner Ktng potnted out the conditlans on paqe 1~-b, Item 11 which wouid be ~equtred and Oean Sherer cla~ified thst if thls pe nntt Is App~oved those condition~, a th rough f~ would be imposed. Chetrman Pro Tempore Busho~e explained he per'onally does not think thts proparty could eccommedate the proposed use and he didn't think the treilars could be kept In the marked spaces et the rear of the property without enc~oaching onto the neighbo~s' property. Ne asked about the 16 ve~~ic~es currently storecf an the property. Mr. Feinsteln ~xplained four of tl~ose vehicles are employee's cors and 2 ar 3 are ca~s which th~ ownars have not claimed after ~epair. Chairman Pro Te mpora Bushore explalned he looked at the dew ,•~arks .~nd dtrt on tha wlndows which tndicated they I~ave probably sat there for quite sometime which adds td the problem. Mr. Feinstein explalned onc of th~ vehtcles is there for repalr and lt has taken a lonc~ time to get parts, and .~nother one is there bccause they cannot get th~ owner to pick It up. Chalrman Pro Tempore Gushore stated some servtce stations have gone completely ko trailer rental and that maybe he has to makc a decision whethcr he wents to bP in the t~ailer rental busi~^ss o~ in the servicr. station end repair bustness becausa he did nat think this property w111 support both uses. fle oxplained the U•Ilau) Company has ~;ermlts for their company-owned sites and they hav~ to adhere to certaln conditio~s a~~:~ if th~y see how his operation is bei~g run, they could ask for a change. Mr. letnstatn replied hc wauld not accept trucks or trallers if he did not have space for tiem to park. Chain~an Bushore as~nd if anybody can drap off vehtcles et this tocatton and Mr. Feinsteln repiied he would not ~ccept a vGhlcle ar+d would serti it to the movtng center or anather place if he does not have a spece. Lommissioner ~Cing pointed out there is a lot of space ~n the parklRg area behind the prope~ty which Is ndt betng used and it was noted that that is not this petitioner's property. Commissic~ne~ 8arnes asked f f he could have an agreement for crat lers only, with no trucks and Hr. Feinstefn replied he has an agreemant fo~ tratlers onty. Commissioner Herbst stated there seems to be dtfficuity wtth U-Naul operatlons st se~vice stetion sites where they have trted to impact service s~attons in the past. 6/15/81 MINUTES~ ANAl1EIM C11'Y PLANNI~~G COMWISSIpN, JUNE 15, 1981 81•391 Commistlo~er Ba~nes statnd if this ts approved encf he edheres to the ordinsncm~ he will be permitted to have 10 t~Ailera and Chwt~man Pro Tempore Bushare atated he did not think he could live with that with the type of stetlon being opereted end the ty~e of work botng done on tha vehtcles because there is not sufficlent room behind the statton to even park 10 tratlers properly. Commisslaner Herbst felt he would have to be e~croachtng onto the shopping center p ropnrty In order to have it work and he must be able to live within his own bound~~tes. Cammisaioner 6arnes statad the p'~ans show he has room for 10 vehlcles and he can epproech it from his vwn propcrty. Chalrman Pro Temporc Bushore stated the ordl~ance requtres that the display a~ea shall be cieariy desi9nated by patnted linas or some type of berrie~ such as a wall or landscapod Islend and thc petltlaner cannot meet thr' for even 10 trelle~s. Mr. 5herer replied there is about 1t1~0 square faet dlrectly behind the station and 1~;60 square feet would be requir~d for the totel dlsriley aree and he has a little bit m~re: area than requ) red. ACTIOt~: Commissioner Barnes offered e rnc~tinn~ secnnded by Commlssio~er King and MO ON CARRfED (Commissioner Tolar being abacnt) that the: Mahelm Clty Planning Commission has revlewed thes proposal to permit truck and t~ailer rentals in dn existing service statlan on b rectangularly-shaped parcel of land consisting of approximately .5 acre lncated at the northwest cornQr af Orangewood Avenue and Harbor Boulevard (2003 Soutt~ Harbor Qoulevard), and does hcreby epprove the Negative Ueclaratlon from the req utrement to preparc an cnvironmental Impact report on the basts tliat ~here woul~ be no slgnificant indivldual ar cun~uiattve adverse envlronmental impact due to the approval of this Negatlve Decldration since the Anahetm General Plan dGSignates the subJect property far generAl commerc(al land usas commensurate wlth the propaSal; that nu sensitivic environmental impacts are invoived in the proposal; that thc Initial 5tudy submitted by the petltioner indicates no significa~t individual or cumulatlve adve~se e~~vtronmental impacts; ~nd that the Negative Declaratlon substAntiating the foregoing findings is an file in the Ctty nf Anaheim Planning Department. Commissloner E3arnes stated she would affer a rPSOlutton to permlt trailer rcntals only !n an existtng service statlon~ subject to the owner adhering to the requiroments shown on page !7-b~ Item 11 of the scaff report and requlring that the trailers will be parked In the rear and will not be parked on any other property. Mr. Feinstein stated he does not need a pcrmit to rcnt tratler~ onl~y. Dean Shurer explai~ed this requast is for both trucks and trailers and it (s true t~e would not need a permit for trallers unly. 6/15/81 } MINUTES~ ANAI~EIM CITY PLANNING COMMIISSION~ JUNE 1S~ 1981 81-398 Commi~tsloner 8arnes asked how many trailera he could have on 1,800 •quare feet and Dea~ Sharcr raplind rogardless of tha stze of the proporty, the maximum numbnr permfttcd Is 10 utility trailera. Commtasloner 8ernes offered Resolution ho. PC81-139 and moved fa~ Its passaga and ecbption thAt the Anahetm City Pianning Commission does hereby deny the request for Conditiona) Use Permit No. 2222 on the basis that the stte is not adequat~ to accommodate the pro~oaed use an~ would have a detrime~tal Impact on the surroundtng area. On roll call, the forego(ng resolutian aas passed by the folldving vota: AYES: COMMISSIONERS: BARNES~ BOU115~ 6USHG~E~ FP.Y, NEREiST~ KING NOES: COMMISSIONERS: NONE ABS~NT: COMMISSIONERS: TOLAR Jack Whlto, A:sistant City Attorney~ rrdSent~J the written ~ight ~o ap~~el che Plenning Comnisston's decislan withir~ ,:2 days to the City Council. ITEM N0. 1t3: EIR NEGATIVE aECLARA'!iQt~ ANO CONDITIbf;Al USE_PERMIT_ N0._ 2_2_2_~: PUBLIC NEARING. OWNER: BRYAN-LA PAIMA INDUSTRIAL PARK, 1~+6 ~ast Ora~nqethorpe, Anah~im, CA 92601. AGENT: WILLIAM BENNETT~ Glt~l'S STATIiARY, 1119 North Kraeme~ Boulevard, Anaheim~ CA 92805. Property described as an (rregularly-shape:d parce) of lanJ consisting of approximately I.t acrA~ 1119 Narth Kraemer Boulevard (Gini's S~atuary). Property classified fil (INOU5TIRIAL, LIMITED) 20NE. COtiDITIONAL USE RE~,;,'EST: TQ PERMIT RETAII SALES OF STATUARY IN ?'HE ML ZdNE. There was no one indicating thetr presence in appositton to subJect request, a~d althou~ the staff report was no~ rcad~ it is referred to and made a part of the minutes. Bill Hennett, ~gent, was present to answer any questions. TNE PUBL IC NEARI ~~G WAS CLOSED. Chair~an Aro Temp~r~e Bushore asked if ther~ is ad,aquate parking for ci~sses and asked haw often the classes are affered. Mr. Bennett replied there is adequate parking and tha classes are held ~~ice a week and have up to 15 people at one time. Chairman P~o Tempor~ Bus~: ~ asked if the items sold are manufactured on the premises and Mr. Bennett replied $Ob of the items are manufactured on thc premises and the ~ther y0b come from otF~er rtwnufacturefs. He explained most of their money is from manuFacturing. 6I15/8t MINUTES~ ANANEIht CITY PLAtiNING COMMISSION, JUNE 15~ 1981 81-399 Commisstonar Barnes asked the totol sq ua~e footage devoted to recail end Dean Sherer Asslstant Pl~nner~ explalned 10$ of the arca is permitted for retall sales erea. Co~rnnissic~n~r Bernes asked why such a large disptay area la needed in this fecility. hir. 9ennott explained cha dlsplay area is made up of peinted statuarles which require A lot ~~~ore ro~m. Commissloner 8arnes asked if the~ wholesale buyers are shown the same dlsplay erea and Mr. Bennatt sald thet tl~cy are. and explained the front 1/3 0' the building is mostly display. Commissioner aarnes indicated har concern for signtng and advertising and M~. Bennett explalned rlght now they only have thetr name on the Front of the bullding ond would llke ta do advertising tn the local newspaaer. Chalrman Pro Te mparc Bushorc (~dicatad concnrn that more than 30$ or tho buildtng is used for rete'1 s~~les and Comnissio~er Barncs pninted c~ut the whulesalars se~e the sarr~ merch,~dlse. Chatrman P~o Te mpore Bushore stated he felt the use is more ret~tl than manufPCturing a~d ptans are tu (ncrease the retal l p~rt(on and hic '~~t opposed this type use tn the industrlal area. Commissioner Barnes explained the city is trying to attract industrlat and manufacturinc~ uses to the area. but retail uses cause problems and the lndustrEal businesses start l~aving and chey are the o~es who hlr~: people. 5he referred to a siml)ar situation where the owncr was requtred ~o ope~ another retail outlet because the sales are not allowed in the industr(al arc3. Mr. Bennett ~xpla(ned they had InterN~eted t;.a C~~uc thet 10$ of thei~ business meant the money comtng tnto the business and the ^~anu~acturtng is thc main pertion of their business and did not reali;:e that the 10$ figure related to the floor space. Commiss6oncr t1e rosc stated he has bee~ opposed to retall uses In the industrial a~ea, bui he feit this corner is alr~ady devci~ped with retall uses and is one of the commercial islands discussed by the Council. CFairmen Pro Tempore Rust~~re statcd he probably would have supported the use tn the b~~,nn(~g but wttt~ the pr~pos~d adve~tising~ he fe)t the retail sales wili be closer to 50~. Cororissi~ner I~erbst asked ~'~ere the use cauld be lncated since thcy will be do~ng ma-~~~facturtng. ~irman Pro Tempore Bushore statr.d it appears the bustncss has done very wei) and needs to expand and should look to another location. Commission Herb~t felt this is a transitional ~~ea which the Council has discussed for commerclal u~,es~ ~ointing out the fur~iture stores, etc. In the area. 6/15/81 ~ MINU7ES~ At~AHEIM CITY PLANNING C01~115SION, JUNE 1~~ 1~81 81-400 Cammisaioner Barnes stated thls pelitlo~er is being honest and she telt tf he keeps the retell to 75$ it would be accept~ble. She pointed out the use is permitted by a condttional use permlt a~nd if tharee Is a~arking problem o~ if there is too nwch reCail sales~ people wili complatn and the permit can be reviewed. ACTION: Commissloner He~bst offered a motion, seconded by Commissioner Bernes end MO~TION CARRIED (Commissiane+r Tolar being absent) that the Mahelm Clty Plenning Commission has reviewed the proposel to permi t ret•~i t sales of statu~ry in tha MI, (Industrlal~ Limttad) Zone on an irrogula~ly-shaped pArcel of tand consisttng of appraximately 1.1 a~-^~ '»vi~g a frontage of approxlmately 2b7 feet on the west side of Kraemer 9oulc 19 N. Krasmer tioulova~d); snd does hereby approve the Negattve Caclarat om the reyuireme~t to prepa~e an environmentai impact report on the basts that tlicre woulcf be no slgnificant individuel or cumulattve adverse anvtronmentel Impact due ta the approval of thi~ Negntive Decloration since the Anahelm General Plan designaces the subjecc ~r~•~~crty far general Industrt~+l land uses cam~ensurate with the proposal; thst no sensltive environmenta! Inpacts are Involved in the praposal; th~* tlie Initfal Stucly submltted by the petitloner Indicates no s(gniflcbnt individual or cumulative Adversa environment~l Impacts; and that the Negativ~e Decleration substantlat(ng the foregoing findtngs Is on flle in thc Ctty of Anahelm Plannin3 Department. Commissianer Nerb:t offcrcd Resol~tfon No. PC81-IGO and moved fr,r its passage and adoptlon thot the Anaheim City Pianning Corrnissian does hereby grant CondlCional Use Permit No. 222;, subJect to Interdepartmental Committe~ Recommendattons. On roll call~ thr. foreqoing resolution was passe~! Ly the following vote: AYE'' : C4t1Ml SS I ONERS : BAR11E5~ E30UA5, EiU5F10RC, FRY ~ NERHST, KI NG NOCS : COhW I S51 Ot1ERS : NONE ABSENT: CUhiMISSIONERS: TOLAR ITEM N0. 19: EIR NEGATIVE DECLARATI~N ANO CONDITIOt1Al USE PERMIT 1~0. 2226: PUEiLIC NEhRING. OW~~CR: LYNN E. TtIOMSEN, ET AL. 5307 South Euclid Strcet, Anahelm~ CP. )2I302. AGENT: .~OE R i CKMAP~, 2Q47 Ra 1 nbaw Dr i ve ~ Santa Ans ~ Cp 9Z7~5 • Property described as an irregularly-shaped ~arcel of lan~ cc~nsisting of approxtmately O.N acre on thc east s(de of Sta~e Collegc Boulevard, approximately 210 feet south of the centerline of Katella Avenue. Property pres~ently classif(ed ML (iNDUS'TRIAL, IIMITED) ZONE. CONU1710Nl1L USE REQUES7: TO PERM17 A CQMMERC111L OFFICE BUILUING Itl TNE ML 20NE. Thnre was no onc indicating thelr presence tn oppositton to subJect request, and although the: stai'f repo~t wa~~ nat resd~ it is referred to and made a part of the mi~utes. Commissioner Bushore declared a conflict of interest as defined by Anaheim City Plannin~ Commission Resolutlon No. PC76•157, adopting a Conflict of Interest Code for thc Planning Commission~ a~d Gove rnment Code Sectlon 3625 et seq., in that he scted bi~5ia~ NIWUTES~ ANAHEIM CITY PLA+'~~ING COMMISSI~N, JUNE 15. 1981 81-401 as a rea) estato agent for s~bJ~ct p~operty~ pursuant to the provisions of th~ above coclos~ dnclared to the Chsl~men th~t he wss withd~swing from the hea-~~g In connectlcx~ with Condition~' ;:se Permlt I.o. 212~and would not teke part ln elther tho discussion or the ~oting thereon~ and has noi discussed this matter wtth any menbn~ of th~ Planning Commisslon. TNEREUpOf~~ COMMISSIQNER Bushore LEFT TliE COUNCII. CNAMDER. Commissioncr Barnes assumed th~ chelr. Lynn Thomsen~ awner, was prasent to answer eny questlons. TNE PUDLIC NEARING 4lAS CLOSED. Conmtssloner Nerbst asked if Mr. Thomsen had s~en tf~e list of uses normally permitted in a commerclal office butlding in ti~4 cormx~rcial recreatlon zane and Mr. Thomsen replled the uses would be limlted to cammerclal offices and general uffices~ with no medical uses. Conmissioner Herbst ~sked that Mr. Thomson review ch~ 11st normallv appr~ved by the Cammission and Dean Sherer. Assistar~t i'lanncr~ explAlned in the pas[ stsff has requlred the applicant to provlde ~ list oi spectfic us~s. Mr. She~e~ asked that this matter ba tabled for ~ fe+,r mtnutes tn order for hlm to obtain a coay af a previous speciftc list from the Planning uepartme~~t files. Follawing items 2p and 21~ Mr. Th ansen indicated he had reviewed the proposed 1(st of uses and had no ob}ection to thc use being 1(mited to those usos. AC710N: Cortmissioner Nerbst offcr~d a mo~ion~ scconded by Commission~r Fry and moT carried that the M aheim City Planning Commission has ~eviewe~ 'e proposal to permit a commercial office buildiny in the ML (Induscrial~ Ltmited) Zone on an irregulariy•shaped parce) of land consisting of appraxlmately 0.4 acre~ having a frontage of approximaiely 70 feet ~n the east side of State College Boutevard, approximately 210 fcct south of the centcrli~e of Katella Avenue; and does hereby approvc the I~egative Declaration from the requircment to prepare an envtronrt~ntal impact repnrc on the basis that there would be no significant Individual or curr~~lAtive adverse envtronmental tmpact d~~e to the approv~l of this Negative Declaratton since the Anaheim General Plan designates the subJect pro~Erty for commercioi recreatio~ and uses coamensurate wtth the proposal; that no sensitive environmental imp~cts a~e tnvolved in the proposal; that the Initiel Study submitted by the petitioner indicates no significant indivtdual o~ cumulatlve adverse environmental in,pacts; and that the Negative Decl~raticro substantiating the foregoing findlnc~s is on file in the Ctty of Anaheim Plann ng Department. Commissioner Herbst offuresd Resolutton No. PCA1-141 and moved for its passage and adoptlon that the Anaheim City Pl~nning Comnission does hereby grant Co~ditional Use Pe rmtt No. 2226~ subject to the property betng limited to t.he foliowing spe~iflc uses and sul~,ject to Interdepartrr~ntal Committee recom~nendatlon: bcc~un~ing - Bookkeep(ng Enginee~s 6/t5/81 ~„r' l ~'~ ~ ~ ~ ~ MINUTES~ ANAHEIM CITY PI.ANNING COh~11SS10N~ JUNE 15~ 1981 Adml~istratiw 9usinesses Advertlsing Answe~ing Se rvtco Appralse n Architect Aasociatlons - dusiness and Trade, C~anbsr of Commerce~ I.abor, Professionel~ etc. Attorneys Banks Brokers • R. E.~ Bustness Qpportunttles~ etc. Business System Compenies CI vic Organizattons Collectinn Agency Communicatton Consultent Consu 1 ta~ ts Cont~AClors Corporattan Hea~quArtcrs Re gianal Offtce Credit Repo~ting Agency Data Processing Centers Deslyners - Indust~tai, Intertor~ Graphlc 81•402 Findnctal Instttutiona Ge ne ra 1 0 f f 1 ce Governmentel Office Importe ~a/Expo~ters/General Office Insurante Compenies Inventory Services Investigation Services investmant Servtce~ Leestng Campenies legal Services Managemant Companles Marketi~~g Companies Mortgage Comp~nles Personnei Agency Pubitc Agencles Publishing Companies Resea~ch b Developrt~nt Sales Oftice (outstde) Sec~etertal Services 71t1e Companles Travel Agency Developm~nt companies On roll call~ the foregoing r~esolution w~s passed by the following v~ote: AYES: COMMISSIONERS: BARNES, ~OUAS~ FRY~ HEft9ST, KING NQES: COMMI5SIONERS: NONE ABSEi1T: CQMNI SS I ONERS : BUS~IORE ~ TOLAR Chai rman P~o Tempore 8uahore ret~rncd to the Counci 1 Ghamber. ITEM N0. 20: EIR NEGATIVE UECLAMTw IOt~ AND CONDITIONAL USE PERMIT N0. 2228: PUBLIC HEARING. OWNER: EOWIN J. AND DOROTHY E. 1'YREMAN, 610 ~iorth Eckhoff, Orange, CA 926~,8. AGENT: JOANNE KINGSLAND, 1035 West La P~ima Avenue~ Anahelm~ CA 92841. Property described as an Irregularly-shsped parca) of land consisting nf approximately 0.65 acre, 1006 uest La Patma Avenue. Property presencly clssstfiod CL (COMMERCIAL, IIMITED) ZONE. CONDITIONAL USE REQiIEST: TQ PERMIT l1 PRIVAT~ JUNiOR AND SENIOR HIGH SCH~OL. There was no one Indicatin~ thetr prese~ce in opposttton to sub)ect requns~. and although the staff report was not read~ it is referred to a~nd rt~;df~ a part of the minutes. Joanne Kingsland~ agent~ explained a correction needs to be mede to the staff ~eport. Item 6, Page 20-a~ which shaws tho petitior~e.P proposes a maximum enrollment of 65 6/15/81 ~ ~ ~ MINUTES~ ANAl1E IH CITY PLANNINO COMMISSION~ JUNE 15~ 1981 81•403 studonts and i!~hould read "150"~ and explalned the current cnrollme~t is 6y students. She stated they plan to contl~~~e thei~ college p~eparatory cauraes. TIIE PUSL IC NEAflING WAS CLOSED. Chal rman Pro T~mpore Bushore clarl f 1~^d that the schoo) ec~osa the at~eet wl l 1 be closed end tha t perm) t term) neted. Chalrman P~o Tempore ~ushore asked if the students wtll drivg and Ms. Ki~gslend replled a few studenls will drive~ but the meJority a~a not aid onough to drive~ ACTIOt~: Chai rmnn Pro Tempore Dushore offered a motlon~ seco~ded by Commisstoner Fry a~ncTMOT10N CARRIED (Comnissianer To18r heing absrnt~. that the Anahclm Ctty Planning Gommlttee hes revlewed the proposal to permit ~~ private juni4r and senini• high schoo) ln the Cl (Corswnerclal, Limtted) Zone o~ an trregularly-shaped perc~l of land c.ensisting ot npproxirnately 0.6y acres~ haviny a frontage of app•oximat~ly 245 feet on the south side af te Peima Avenue (1106 West Lu Palma Avenue); ~nd does hereby ep~rove the N~gative Oeclaratlon from the requlrement tu prepare an environmental impact r~part on the basis that thcre would be no s(^nificant indtvidual or cumulative advorsc environmental Impact due to the approval of thls Negative Ueclaratton since the Anaheim General Plan designates the sub)ect property for commerclal profsssionai lend ~~ses comnensurate with che propcsal; that no sensitive environmenta) in~pocts are Involved In the proposai; that the Initiel Study aubmitted by the ketltloner Indicates no significant indivtdual or cum~~lAtlve ~dverse envt~onment.~l Impucts; and that the Negrtiv~ Oeclaratton substantlating the forogotng flndings is on flie (~ the City of Anahcim Planning Oepart+nenC. Chairn~n Pro Ten~ore Buahore offered Resolution No. PCg1-1~~2 and moved for ita passage an~l adoptian that the ~.~ahelm City Pianning Cnrtmisslon cioes hereby grant Conditfonal Us~ Permi t No. 222~ subJect to Interdep~rtmentai Committee recommen Ja t i or~, On rol l cal l. thc foregning resolutlcn was passed by the fol lowing vote: AYES: COMM ISSIONER5: BAR~~ES, BOUAS, EUSIIORE. FRY~ NERaST, KING NOES: GOMN ISSIONERS: NO(~~ AkiSEHT: COMM ISSIONERS : TOLAR I TE~1 N0. 21 E R 5 ND RECOMMENDAT101~S The folla+ing Reports and Reconn+endat(ons staff r~ports v~e~e presented but ~ot c'ead: A. RECLASSIFICAT101~ N0. IIO-81-6 - Request for o~e-y~~r extension of time from Leoncio T, Laurel or property at 0575•1595 west K;.tella Avenue. ACT i ON; Commi ss i oner Ki ng off e~ed a moi lan ssccmckd by Commi ss ione r Fry and MO 1 ON CAARI CD (Chai rman Tolar being absent) ~ that the Anaheim Ci ty Planning G/15/81 ~ MINU'rES~ ANANEIM CITY PLANNING COMMISSION~ JUNE 15, 1~81 $1•4p4 Commissto~ does hereby grant a anwyear ~xte~~ton of ttme for Raclaaaificatton No. E~-61~6~ tn oxpira an August 25, 1982. B. TENTATIVE MM OF TaACT N0. 1061 • Mquast for exte~alon of Rime from ne e m s, nc.~ or proparty located on the ~est sido of Imperlai Highway spproxin-dtely 1650 feet sauth of the cent~rilne of Noh) Ranch Rosd. ACTION: Commisslonar Ki~i9 offer~d a motion~ secanded by Commlssloner Fry an ION CARRIED (Chai rn~an 7olar baing sb~ent)~ thst the Anahelm City Planning Commlaslon daea hereby grant a onn-year extensian ~f tlme for Tentative Map of Trect No. 1~617 tc expt~e on July 29~ 1982. C. ABANOO~IMENT N0. 4A-14A - Request from I4~by'~ Ce~~fen Nu~sery to ab~ndon a port on o t e sout aif of the "Old" S~nta Ana Canyon Road~ west of the SAVI Cansl. ACTION: Commlssioner King offered a motton~ seconded by Commtssioner Fry an~~'fION CARRIED (Chairman To1er being absont)~ that the City Planning Commisston does heraby reconxnend to the City Councll that Abandonment No. 80-14A be epproved. A~JOURNMENT There being no fu~ther business~ Commisstana~ Nerbst offered a-rotion~ aaconded by Commissioner Fry ond MOTION CARRIEO (Chalrmsn Tolar being ab~ent)~ that the meeting be ad)ou~ned. Th e meeting was adJour~ed at 7:35 n.m. Respectfut ly submitted~ `~~~ ~° . Edith L. Harris~ Secretary M aheim City Planning Commlsston ELIi: lm bi~sia~