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Minutes-PC 1982/10/04~ ~ '~.~ ~. , , " RgGUL11R MQi1~TIN0 OF THE AN)1HEIM ~IT1f PIJINNINCi COMMISSION [tECiL1IJ-R !~~'I'ING The reguler meetinq a! the llnAheim Cit•y Plenninq Cammiesion w~e celled to order by Chairman P'ry nC 10:00 a~m. ~ October 4, 1982, in the Council Chamber, a quoruai beirg pre~ant and the Comm.in~ian revirwed plans of the iteme on toAay'n aqondr . Receea: 11:30 e.m. R~convenc: 1s30 p.m. PRLSBNT Cheirmen: Fry Connnieeianeras Houea, Pushore, Flerbat, King, i.n Cleire, McBurney Agg},rNT Commiseionera: None ALSO PREBENT AnnikA Santalehti Jack Wt~ite Shirley Lend Jack Judd Qean SherQr John Anderson Edith Herris Aeeietant Director f or 7oninq Aaeietent City Attar ney Trelfic Engineering Aeeiekent Civil Gngineerinq Aa~+ociete Aasociate Plenner Aeeoclate Planner Planntng Coaimiaeion 8eeretery APPROVAL OF MINUTESs Cbmmiasianer Boaas ~ffered a caotion, secoraded by Commisaioner Kinq and MOTION CAttRIED, thet the minutea of the n~eting af September 2Q, 1982, be approved as submitted. ITEM l. ENVSRONM~NTAI. IMPACT REPORT IdO. 254 (PREVIOUSLY 1-PPROV!'sU) , WAIVER OF CnDE REQUIREMENT ANC CONDITTONAL USE PERMI~' NO. 2322 (RSIIDVSRTI SED) PUHLIC HEARING. OWNER: WILLIAM P. DR~GI~NZA, ET ]hL, 2045 S. Karbor Boul~vard, Anahein, CA 92902. RGENT: WALTER C. HO~NG, 3315 Gerden Terrace . Hacienda Neiqhta, CA 91~45. Property is deacrlbed as nn irregularly-ehaped parcel of land consiating of approxitnAtely 3.3 acree, 2045 S. Harbor Aoulevard iReqency Eiotel ) . Continued from the meetinq of September 8, 1982. To permit a 12-etory, 108-foot hiqh, 488-room hotel with accessory ub3B and on-sale alcoholic beverages with waivers of a) permitted locati on oP freeatanding signs, b) minimucn dietance betWeen aiqns, c) maxiaara~m hEight of illumiuated roof eigns, and d) minimwa nuatber of parking speces . Thert waa one person indicntinq h3s presence ir oppoeition to s~bject requeat and althouqh the atatf report was not read, it is referred to a=~d made a part of the minutes. 0157H 87-515 10/4/62 ~ ~~µ~ ~ MINUT88, MI)1Hl~IM CTTY PI~J-NNING COMMI89ION, (~CT08ER 4, 1982 H2-51G JeCk White, A~sietent Ci.ty Attarney, steted et~t! w~oulA racononcnd a tnodilicetion to Condition No~ 15 of the Intarcfepertmental Conanittee r~ecommencletiono to reed es f~llaw~t "ThaC by aocoptence .~nd exercise of thid petmit, devtlop~er/owrter ~cknowl.odqee the euthority of the City ko terminat~. madify or impose eddit.ional cc-nditione ot' c~pore• iona ~ursuant to thie permit for any of the reesc~n~ aet lortti in Sec~ion 18.03.092 of thg Anahei.m Munici~al Code, including, but not limited to eny det'icionay in thA numbcr at on-eit~ ~rking epacee.~~ D~ean 3herer, Aesocietu Plannar, anked thet ConQition N~. 6 ba deleted since t~~e ex~eting etructure will b~ demoliehed and thet Conditian No. 8 be daleted nn L•he beais that it hae beon complied with end la no l~~qer necessery. Wdltor Honq, ngent, aek~d for r_larificetion reqnrding the City Attornoy'e modilicatio~ to Condition No. 1.5. Chairmnr~ Fry alerified t.here .ia n~ mention in the pXOpased ~nodified condition ~f th~ parY.ing asadsAment dintrict. Jeck WhiGp explained thc conditi~n, ae pre~enCly propoeed, is rathar veguc and would bo diPS'icult to enforce eincP it do~~ not dePine ina~leqi~ete park7ng. He ataCed Section 18.03.092 ~f. the C~dA allc~w~ the City to cAll for a public herring and ~.i va natice to tho dwnere ancl r~urroun<ting ~roperty ownc~ra end meke a d.:termineCion the't tha publi.c int~rest, health, sat'ety and general welfero would be best served by requiring additi~r~~l parking. Mr. Honq steted ho had met with the staff ~~F dffferent ~~ity departments Iast week an8 worked out tr+sffic conc~rns and the lncati~n of the tresh bina and clar.lfied Che circulatior- haa not be~n chanqed on ~hia revis~d plen. Davi.l Th~mas, 1.837 S~iuth Veimont, Los Anq~los, atatc~ he is repre~venting Thrif'timarts that t'~ey are rot particularly op~aed to the develc~pment of thia hotcl bUt wa~nt ta re~e~t their concerns regardinq their parking lot aince they hav~ hail problQms .~ the paet w.ith the unauthorized uae of their parking lot et Harbar Bouleverd and Oranqewoo~ ancl noted their parking lot ie ~nly avallable for their cuat~mers. He etated tt~ey have frequsntly had to have automr~bile~s, campers or trucke remc~ved at cor-eidereble cont to the owners of the vnhicles. Ne stated ~hc~y are concernecf that thie development will create addit~onal problems with the queatx of the hotel using their parking lot and wanted to be sure it ie underetood that :~ey will not, undex any conditi~na, permit: unauthorized use of thoir parking lot. Mr. Hc+ng stated there will he a mr~s~nry wall on the south property 11ne and their quests will n~t be able to welk through and he felt they will have more than adequate parking. THE PUBLIC HEARING W11S CLO$P'D. Coa~miseioner Herbst asked if the parking 8tructure will be desiqned and constructed witl~ adequate footings and fo~undation sa that r~dditional floora can be added in the future, iP necessary. Mr. Hang agreed they would comply with that stipulation. Commissi~ner Herbst eeked about the shada~w effect of a 12-story hotel and a~keci whether or not the netghbora were aware of thie Change from 6 stories as origine.lly proposed. 10/4/82 ~ ~k~ ~. MINlJTES, 11NJ1HEIM CITY PLANNZNG COMMISSION, OCR'08TR 4, 1982 : _~ A2-517 Deen Aher.er expleined the revi~ad plenp were readvertisod !or 12 et~riea en~~ th~ neiqhhore were notitied. Mr~ Hong oxplein~d the moet w~eterly str~~rture he• not b~en chenqed end e 6-atery building with adequate eetbeck lrom the re~idential neiqhborhood is propoAed. Commiseioner Herbet atated other high hotola in the aree heve intertered with teloviaion reception end caused eome discomfort to the reqitlenta beceuse the hotel wee eti~ding their hackyerds, etc. Mr. Hong etet~~d the propoaed conditione incl~ide requ~remente to elleviat~+ thoae concerns and the structure edjacent xa the reeidencee is only 6-atnrieA high and thR 12-story ntructure is actually only 11 storiest however, he! did not think the structureg w.ill cauAn eny blockagi~~ ~f eunliqht, etc. Commieaionex King clnrified tr~at the hl<~ck well on the south prnpw_rty line wi.ll bcs continuous ~rom the w~st to the eest property tine with no getes. Cotnmissioner Sur-hozc asked what the i~~stification would be Por the sign variance end oteted all thc~ other hotele in the area heve conformed ta the eiqn code. Mr. Hang replied the r.oof sign iA ~ver 100 fAet nway from the fres-standing siqn vertically. He explained only part of the roof aign would excee~3 the r~af lin~. C~mmiseioner Huehore c.larified that essentially the roof aiqn would be the 13th Plaor of the hotel. Mr. Fiong explained t:hey wish to attract the traffic coming ~ff the freeway. Commiseioner T,e Claire Qtated there is nothing unusual about the size, shape or topography ~f subject ~~roperty to warrant the npprovel of a aic~n varience. C~mmisaioner Bushore esked if t.he environmental impar.t report addresaed a 12-etory hotel and the ehadcnas it woulci creat~, etr. Dean 3herer stated th~ EIR did addrese the shadow patterne of a 12-story building, k~ut a 12-story baildinq was never propoeed near sinqle-fnmily residences, and origin311y was proposed in en eest/west co~~figuration on the pxoperty. r.ommiesioner Buahore stated he is concern~d because this plan is drastice~lly different and felt there probably ahould be an ad~]endum to the EIR. He steted he did not see any justificatfon for the waiver and did not think the petitioner has his ideas xedlly formed for thia project becauae this is a completely different plan. Mr. Hong $tated the plans were revised after the~• did a coet analyeis of the underground parking and Rxplained tha 12-story building will actually face Herbor which ie developed commerciallyt and that the Quality Inn is adjacent to the north. 10/4/82 4 , ~ « I~~~ . . ~. ~ .~ .. MINUTEB, ANAHF.IM CITY PLANNINa COMMISSION, OCT08FR 4, 1982 82-518 DeAn Sherer eteted the deeign of Lh1e project ie very muc1~ different then the origi~al prc~poeal~ h~wever, tho numbr.r o! rooma and heiqht doea not chanqe end at~f~ anelyzed the pro~act on khe besie that the EIR addre~ased e 12-ator.y, lOd-foot hiyh, 488-room hotel. i~e stated the Planning Commission mey wiah to h;~va the BIR amended to retlect the revised ~l.~ne beceuse the project ie not t•he same es the one enelyted for the EIR. He expleined the percent~ge of paxkinq weivrar ie '9.1• end it wes originelly 80.5R. Ne pointecl out th~re were conditic~na included in thcs oriqinal approvel for the bene~it af. the homeownera end the Commission mey wish to incorporato th~ae semc~ conditiona in the epproval of this proj~ct, if it is th~ir decision to ~pprove it. He eteted thosP conditionn were for an 8-toot fiigh bl~ck well and 1S-gellon trves end mAture shrube on the weat property line, installation af d ceble televi.sion syst~m for the sinqle-Fnmily residence~s t~ the w~st, conatruction rstartir-y times no parlier then 7:00 a.m. and the s:te sli~ll be edequately ~nc~ frequently weterc~d durinq conatruc~ion. Commisei~ner BuHh~re clarifiod hir~ cancerns are that the ~lans differ ei.gnificankly from tha oriqindl npproval. Ct~elrman Fry at~+tod he felt the errangem~nt of the builclings ia much hettor in this pr~>p~sal. Commia~sioner I,~ Claire steted ehe is c~ncernFd abc~ut the heiqht of the aigne and ahe d1d not aee any juatif.ication for grentinq that request. Mz. Honq etated if the heiqht of th~ eign is of real. concern, he would stlpulate to keeping the ~ign levPl with the h~ic~ht of tF~e parapet makinq it a w~ll siqn and painted ~ut aynin it is actually facing commercial usc~s. Dean Sherer exp:tai.ned wa;l signs are conaidhred differe~ntly in the cocle than illuminated zo~f signa which are limited in terma of distance from reeidential propert,y and thet this Aiqn will t~e facing Harbor Boul~vard and not have an i.mpact on the reaidential proparties to the rear, and if tho aign dnea not exceed the tep of the parapet, it Wovld not be conaidered a roof siqn and would be a wall sign. Ne recommended thet waivere (b) ~nd (c) bc denied. Commissioner Bushare stated that would e~atisfy hia concerns regardi.ng the signs and clerified that emeryency vehicles wo~~ld h+~ve adequate access due to the canfiguration of the buildi.ngs. It was noted that F.nvironmental Tmpact Report No. 254 was previously certified by the ~'ity Cauncil on May 11, 1982, in conjunc~f.on with the original approval of Conditional Use Permit No. 2322. ACTION: Coauniasioner La Claire offered a mation, se~onded by Commissioner Herbst end MOTION CARRIED, that the Anaheim City Planning Consnission does herehy approve waiver (a) on the basis that thp property to the south is developed with co~nercial uses and denial would deprive subject property of a privileqe enjc~yed hy other properties in the eame zone and vicinity and denyinq waivers (b and c) on the basis that the petitioner stipulated at the publia l:earing to lower the heiqht of the roof siqn to be level with the parapet which would then be considered as a wall-a~ounted eignt and qrantinq waiver (d) on the basis that parkinq demand studies of hotels and motels in the area indicate a percentege of the guests errive by transportation modes other than private vehtcle nnd elso on the baais that the petitioner has stipulated to provide ac~ditional parkinq if necessary in the future. 10/4/82 ,., i MINVT88~ ANAHL-IM CITY PLI1NNIt~f3 COMMISSION, OC'~OB~R 4, 1982 ~~ 82-519 Commioeioner I.A Cl~ire efPer~d Reaolution No. FC82-185 end movad !or ite passaqe and etdoption that the Anehelm City Plennl.nq Conaniasion does hereby qrant Conditional Uso Permit No. 2322, in part, aubject to the lollowinq et~ipuletiann mede by the petitioner at the public hearing~ e) thet an e-loot hi.qh black well end 15-gellan treee sn~ meture ehrube shall be pzovided on the wost property linet b) that construction etartinA timea ehall be no earlier tha~~ 7:00 a.m.~ c) thet the conetruction aite shell be adequately end frequently wetered during conetructian to eneure thet dus[. will not be e nui~ancef d) that tAlevision entenna or cable aystem ahall be provided without charqe to the reeidenta to eneur~ satisft~ctory level o! tel~vision signels and sub~evt t4 Intordepartmental Committee zecommencfatioi-s including modili.cdtion to Condition Na. 15 and deletion of Condition Nos. 6~nd A. On roll call, th4 foreqoinq resolution waa pessed by the following votes AYES: BOUA3, HUSHORE, FRY, HER9ST, KING, I.A CLAIRE, MC BURNEY NO~~~~ s NONL ABSENT: NONE Jack Whita, Assiatent City Attorney, presonted the wrikten right to appeal the Planning Commiesion's dACieion within 22 d+~ys to the City Council. ITEM N0. 2. EIR NF.'GATTVE DECLARATION_AND CONDITZONAL USE PERMIT NO. 2373 PUBLIC HEARING. OWNEA: I$ERHAM AI.I ATA, 26371 Avery Parkway, Mission Viejo, CA 92675. AGFNT: TALAT RADWAN, 26371 F~vary Pnrkway, Mission Viajo, Ca 92675. Froperty deA~~ribed ns a r~ctenqularly -shaped pe+rcel of land conaiating of approximately 0.42 acre~ 1725 S. Brookhurst Street. Continued trom the A,Qeting of 5eptember 8, 1982. To permi~ a convenience merket with gasoline eales. There were three persons indicating theix- prosence i.n opposition ~o subject request and although the staf.f report was not read, it is rPferred to and made e part of the minutes. A1 Serreto, 29Q1 S. R~!nee Drive, Srnta Ane, agent, presented photographs of the existing eervice stetion and the proposed conversion explai,ninq they plan to spend ~150,OOU remodelinq th~s station and that it will t~e +~n impravement t~ the erpa. Ele aleo presented er. artiet's renderir-g o: the proposed facility. Mr. Serrato used the overhead projector to ahow a n!ap of the aite and e~cplained they feel clo~inq one of the driveways, as euqgested by the Traffic Enqineer, would have a neqattve effect becauaQ of the intensified traffic useg~. He painted out ~he thxee c]rivewaye and concern that i.f the ane driveway is closed, becauee of the sign, with more than one vehicld, there would be a taaneuvexability problem. He added that Tx~ffic Departanent 8id r,onsider that there tnay be same problemB it the driveway is closed and he nsked that they be allowed t~ work with tho Traffi.c Udpartment to work out an alternatine plan. t 0/4/82 _ .__._~__..~ ~ MIttU'PES, AN1-HEIM CITY PLANNING COMIMJS9ION, OC'POB~R 4, 1982 82-520 Ami.n Radwen (eecretery could not verify name), generel msneqer nt the~ e~rvice ~tetion, steted the mein problem with thie requeet ie the gaeoline eeles end they could hsve ~he convenience m~rkot tt~ere without the eale of qeAOline. Ne prenented pe:ltiona e~ignod hy epproximetely 1500 of hia patrona and bueinese people in the eree who are not oppoee~' ~ceuse they le41 1t w~uld bc conv~nient for them. He edded he thouqht thie would be a aucreseful bueineen and an naset to the City end community dnd would hrinq in addltionel texea. Ramon Chekko, owner af the exi~at.ing maxket et 1701 Hrookhui~st., etate~l he i.s tryinq to sell hia merket and proApective b~iyers t,evc backed ~ut twice becnuae of thR propoaed market end thet he i.s A,.ree~iy atruggling to make a living end stat~d he would sa11 hi$ merket to this petitioner. Arlene Almeleh, 27 C~etill.a, Irvine, Coor.dinator nP the m~dical ~asi.atant proqram in the ad~acent achool, etated they axe concerned eb~ut l•hia markot= thnt there io a sign dieplayed now incllcating thoy intend to sell alc~holic beveraqr~st thnt their drivewAyA aze the r~eme and people ere rncing their v~shiclea ir~ the clriveway nnw and they are cnncarnad !he problem wiil be :;ompounded with thia market. She ndd~d moat of their atudants are female, ~nder 21 and they havF cla~ses until 10:30 p.m. and the e~chool ia concerned about th~ safety of t:he girls leAVinq in the ~vening. Jon Van Cleave atated he is epeakinc~ on behAlf of Marvin Barc~b, an adjacent land owner direc~tly on the nort}t and west ~f ~ubjer.t propertyi that Mr. 9a~:~+~1 ia thc~ former owr~er of the Soutliern Celi fornia Coll.eqQ of Medical and Uent~~ Careers and iR extremely concerned about ttie on-qning prnfessional atmosph+~r~ of the calleg~±, even though he recently sold it, and Mr. Barab is the lrr~=~t~~ for the college alonq with ~ther tenantE and ha~a ~n on-going financial =~rF:: landlord/tenant interest in the adjacent prop~rties. He ad9Ad Mr. Bara,.~, - n~t psrticularl.y opposed to the sule of nlcoholic beveraqc+s or the sal<~ .~: gaeoline with food, hut he doeE object to the locati.on of this type faci:: ~:• in such close pr~ximiky to a profeae3~na1 colleqe. Ne referred t~ th~, convenience market facility being open 24 hours a day ar-d ~tated there '-~ ~ aerious poseibility of some safety hazarda to theae: y~ung femnle studerrr~~ ~ noted thP existinq market closes at 9:00 p.m. Mr. Serrato stated there is only an aseua-ption thet the young femal:~ ato~~e~' safety would be jeopardiTed, but he did not think i~ will. be, and nr~teci sc~ of theae t~tudentx siqned the petition in favor c~f this project.. Refe~ii.n~ to the petitions, he atated 1000 to 1200 0~ the signatures are from An~Reim residents which sugqests this will aerve a purpose and is a conveniencw; ,~nd thbt right now the property fe being under-utilized and they hope this Klil be a majoz• improvement and he did not see anythinq wran~ with the apirit nf competition. Mr. Ra~]wan 3t8tP.(j they will not k~ open 24 hours u c~ay and he did not think they will create any problems for the community ~r the stuctents at the coileqe and noted that persona under 21 years of aqe weMald not be pQrmitt^~ed to purchese the alcoholic beverages. THE kJHLIC HEARING WAS rLOSED. 10/9/82 .. ~~. f ,.~ <~ MINUTfiB, ANAH~IM CITY PLIINNINO COMMISf~20N, OC'I'09ER 4, 1982 82-521 Comtniesioner Kinq steted he thought cloting the middle drivewey would create n hatard becr~use it ex~sdites Lhe mov~mant ot care off Braokhurst. He etated competitior- ie the beakbone o! thi~~ country. 8hirley LnnA, Aasistent Trelfi.c Fnqtneer, nteted the petitioner did come into their oftice end ehe peraan+ally :oviewed the sita end Cha probl~m with the center drivewey ie that i~ vehi.cles ere occupying the centar pump, other vehicleg would be atecking out. onto the utreet. 3ho stated ahe did not beli~ve they need the maesive efgn out !~•ont. She edded their otfice will w~rk with the phtltion~+r to wor•k c,ut aome nlternar.ivc~ plen with the driveways, but not to leave the center drivewey ae an entrance, ~+nd tl~ey would recommend eccommodating tho use with only two driveways. Mr. Serreto bteted they had discuRaed "no entrance" siqns and uainq that ciriveway for exit only. Commissianer La Claixe a~kpd Mr. Chakko iP he had a paper he w.iehed to presAnt to the Commisaion. Mr. Chekko pr.esented a petil:ion siqned by persone in opposition to th.is reqti~st anci oxplained thos~ siqnetures were meinly from hi8 customers. Responding to Ccxiuniseioner La Clair~, Mr. Chakko stated business i~ elow and hR ia tryinq hard to make a 2iving ar~d did not think his market would have a chance with Another market openinq in the same l~cation. Ne explained he has been ther.e for 2 yadrs and that there has been a general c9ecline and thAt last yeAr wes bettc~r than this year. Commiesioner Herbst stated service sr.ationa were qranted speci~l privileges by beinq allowe~l ~lose rc, the street to aerve the travel.ing cuatomeret that there is a small market in this shoppinq center desigtied ae a merket and he felt qranting this service station the ~rivilege of having a market would be qrenting a privilege not qranted to anyone elae and he did not feel denial would be interPering with free enterpriser and he felt qrenting approval for markets on these servic~ station corners would be unfair to other busine~sses who have hed to mect Code requirements. Commissioner La Clal.re e~qreed and etated she has stated in the past that if these are going to be continually grnnted, every service station should be given the right to aell food and every grocery atore should be given the right to sell qas. CouanisRioner King stated he felt this conversion shoald be granted as long ns the project meeta the requirements. He stated if Anaheim is to qrow and proqreas, tzaffic will increase. Commisai.oner La Claire etated each one should be reviewed individually, but there will be more and mo_re of these requeats and these service station lota were not designed for markets and rQferred to nther convenience market.s wt~ich were permitted ond which have created problems. Sl~e added that if the project ia designed to conlorm with Code with the pumpa nnd drivewaye properly deeigned and eetback from the etreet, they ehould be approvec~, but aPrvice atations were already qranted privilegea not qi~an to convenience markets and ehe felt tF.,ere should be a stop to theee dual uaes. io/a/s2 ~ ~ t . ~ ,. ~ ~dINUTRB, ANANEIM CITY PLANNING COMMISS20N, 0('TAB~R 4, 1982 82-522 Commiegioner Kinq atatdd hd falt thia project ig sn ideal llow lzom eeet to v~ert end Comml.ae.ioner Huahore nddsd he lelt the flow ehould be nortl~ to eeuth end edded he did not think the site is edequete. He etAted he hea no objeation to competition but that he could not support this requeet becauee of the dual use. Commissloner Herbet noted tho pumpa ere only 15 foet frnm the property lino And if there ere two cars there et the same time, they would be out orita th~ nti•eet ~nd ttiis would be impecting the property with m~re vPhicles and they will be stdying longer because they w.ill Ue shopping in the merket,. He statad he felt the dPaiqn is complet~ely inadequate end he c91d not went to ses thie property owner granted a apecial privilege. Commissioner Bushore noted the property owner can have a conveniQnco markeC by rc~moving the gesolinc+ pumpa. ACT20N: Commissioncsr IIuahore ~fPered a motinn, seconded b}~ Commiasioner Bouas end MOTION CARRIED, thrt the Aneheim City Plannlnq Commiasion has reviewed the propoael to permit e convenience market witt~ qaeoline nales an a rectenqulerly-shapod percel of land conaiatinq of epproximately 0.42 scre, having a frontage of approximatEly 160 feet. on tt~e west aide af Brookhurat Street, end further deearib~d as 1725 South Br.ookhurst Street; and doea herehy ap~rove the Negative Declar~ti~n frcam the rec~uirement tn prepere an environmental impact report on the bnais that t1~p--r. would be no significant individuel or cumUlative ACjVNX'9E! envirorunental impact due to the npproval of this Negative peclaration sinr_~ the Aneheim Grnerhl Plan designates the subject property for general c~cmnercial l~nd uFe:~ commensurate with the proposttlt that no sensitive environmental impectn are involved in ~he proposals that the Initial Study submitted by the petitianer indicates n~ siqniffcant individutsl or cumul~.tive adverse environmental impacts: and that the Negative Declaration substantiating the foregoing findinqs is on file in the City of Anaheim P2anning Dep~+rtment. Commisaioner eushore offered Resolatfon No. PC82-186 and moved for its pasxage and adoption that the Anaheim City Plenning Commiseion does hereby deny Conditional Use Permit Na. 2373 on the basis that the site is not adequaxe to permit dual uae of the property and would be detrimental to the peace, health, safety and qenerAl welfare of ttie ~itizena. On roll cdll, the fareqoing resolut.t~n was passed by the foll,owing vote: AYES: BOUAS, AUSHORE, FRY, HERBST, LA CLAIRE, l~tC HURNEY NOES: KING ABSENT: NONE J~ck White, Aesiatant Cit,y Attorney~ presgnted the written riqht to appeal the Flanning C~mmisaion's decision within 22 days to the City Council. 10/4/82 ~ ~. ~ ~ MINUTS~, AN71H1CIM CITY PLIINNING COMMI88ION, OCT08ER 4, 1982 8~-523 ITEM NO. ~. TsIR NEG~-TIVE DSCLAR7ITION AND V1IRIANCE N0. 3298 PUBI~IC NEI1RINa. OWNRR~ LRIC L6DlER~R, Coto De Cace, M114, Trabuco Cenyon, CA 9?678. Property described er~ e re~ctangularly-ahaped percel ot lend consisting o! epproxime-tely 19A5 equere leet, 942 N. Claudina 8treet. Weiver ~! minitnum lot covernqe, minimum lendeceped eetback end minimum nuenber end t~-pe o! parking epeces to construct e einglo••lamily reeid~nce. There wae no ene indiceting their preeence in oppoeition to subject request and although the etef! report was not reed, it is referred tn and mede a per*. of the minuteR• Larry Hellermen, 23501 Via Aldndro, Trabuco Cdnyon, agent, explained the previnus rec~ueet waa denieci by the City Council mainly because thay were ueing the existing structuz•e nnd because of the number Af waivere requeatod. He explained they are plenning to alx~lish the exieting etr~~cture and delete the eideyard setback. He pointed out thia is a small lot. THE PUBLIC HE~-itING WAS CI.uSF.p. ACTION: Commi.saic~nor Kiny of£ered e rnotion, aec~nded by Commissioner Bouas and MO ION CARRIED, that the Anaheim City Plenninq Comtnission hea reviswed the propoeal to construct e single-family rc~sidence with waivero ofemafimerking coverage, minimum landscaped setback and minimwn number and CYP roximntely spaces on a rzctengularly~s~~on~~peroP1~°~loximatelyi351feet~onpthe east side 1945 Rquare f~et, hAVinq groximatel.y 85 feet south af the center.line of Claudina 3treet and located epp of La Palma Avenue and further described as 942 North Claudina Streett and doeo hereby approve the Negative Dpclarati.on from the requirement to prepare an environm~ntal impact r:.~port on the basis that there would be no si~niflcant individual or cun-ulative adveree envir~nmental impact due to the ~pproval of this Neqative DRCleration since the Anah6lm General Plan degiqnates the eubject propezty for medium density land uses commensurate wi~h the propasals t~dt no sQnaitive environment+~l impacts are involved in thE proposal; that the Tnitial Study sutnuitted by the pe~itioner indicat~s no siqnificant individual or cumulative adverse environmental impt~ctss and that Lhe Negative Declaration substantiating the foregoing findings ia on file in the Lity of Anaheim Planning Department. Commissioner King otfered Reaolution No. PC82-187 and moved for its passaqe and adoption that the Anaheim City Planninq Commissian ~oes hereby crrant Varian~e No. 3298 on the basis of the size of the subject property and other structures ir- the area do heve sitnilar waivers and the project would urqrade the r4iqhborhood and subject to Interdepartmental Committee recommendations. On ro11 r.all, the foregoing reeolution was pasaed by the following vote: AYES: BOUAS, BUSHORE, FRY, ;~LIt83'P~ ICING~ I.~- CLAIRE~ MC BURNEY NOES: NONE ABSENT: NONE 10/4/82 ~ ~ MINUTES, AN~HEIM CITY PLIINNZNG COMMISSION, OCTOASR 4, 1982 82-524 ITEM N0. 4. L~TR NSC;ATTVE DECLARIITION AND TENTATIVB Ml-P OF TMCT N0. 118S~i PUBLIC NEARING. OWNffiRs CLYDE H. & JOAN M. SCHLtJND, 616 Peralte Nille, Anaheim, CA 92807. AGENT: ANIICAL ENGINSERING, ATTN: WAYNE JOLLY, 1900 E. Le Pe1me Avenue~, P. O. 8ox 3668, Anaheim, CA 92803. Property described ee en i,rreqularl,y-shrped pArcel o! lsnd caneietinq af approximetely 5.3 eareo, 516 Perelte Nille Drive. Ta eateblish a 5-lot, RS-HS-43,0000(SC) aingle-family ~one eubdivieion. There wes no one indicating their preeence in oppoeiti~n to r~ubject request end although the stnlf report wag nat read, it ie referred to and mede e pert of the minutea. Cal Qucyrel, Anacal Engine~ering, was pzesent ~~ anRwer any queatiAne. It is noted e Negative Decleretion wns approved in connection with thia pro~ect on September 20, 1982, in c~njunction with Variance Na. 3294. ACTION: Commiesioner King oflerod a motion, seconded by Commissioner Bouas and MOTION CAP.RIED, that the Anaheim City Planninq r_ommiaeicn doea hereby ilnd that tha propased aubdivisian, together with its deaiqn and improvement, is consiatent with the ~ity of Aneheim General Plan, pursuant tu Government Code 3ection 66473.5s and doee, therefore, approve Tentative Map of Trect No. 11856 fo: a 5-lot, RS-t~s-43,OOn(SC) aingle-family zone subdivieion aubject to the following conditions: 1. Thet all engineerlnq requiremente of the City of Anaheim, along Cerro Vista Drive and Peralta Hilae Drive includinq preparation of improvament plens and inatalletion of all improv~m:nta such as Btreet qrading and pavem8nt ehall be cnmplied with as required by the City Engineer and in accordance with apecifications on file in the Office ~f the City Enqineert that security in the form of a bond, certificate of depbsit, letter oP credit or. ~ash, in an amount and form satiefact~ry to the City of Aneheim shall be posted with the Ci.ty to guerant•ee the sat=Rfar.tory installation of the above-mentioned improvementa. Said aecurity shall. be posted with the City prior to approval of final map. The above-required ia-prov~ements ahall be installed prior to occupency. 2. That fire hydrants shall be install~d and chaxged as required and determined fo be neceasar.y by the Chief of the Fire Department prior ta coanaencement of structural freming. 3. Tt~at the owner of subject property ~hell pay to the City of Ana~he~m th~ appropriate park and recreation in-lieu fees as determined to b~ appropriate by the City Council, said feea to be paid prior to fina]. tract map approval. 4. That ahould ~.his subdiviai~n be developed as more than one Bubdivigion, each subdivision thereof ahall be submitted in tenta~tive form for approval, 5. That nll lots within this tract shall be served by underqround utilities. 10/4/82 ~. 4~ ~ MINUTES, ANAHRIM CTTY PL11t~NINGi COMMI88ION, OCTOHER 4, 1982 82-57.5 6. Thet the originel dACUmentn uE che covene~nts, conditione, r~nd restr.ictions and e letter addreaeed to the developer's title company ~ut.horiting rocordetion thereof, ahnll be ~submitted to tha City Attorney's 0lfice snd approved by City Attorney's Office, Public Ut.iliti.ee Depe~rtment, Building bivision, end the Enqineering Divieion prior to the tinel tract map approvel. Said documente, as spproved, dhell be recc~r•ded ~.n tho Orfice of the Oranqa County Re~order. 7. Thnt atreet nemes shall be nppraved hy the Cfty Planning Department prior to epprovbl of a finel trect mep. 8. That drainage of said proporty ehall be diepoaed of in a manner sat~s~'actory to the C:~ty Engineer. If, in tt~e preparation of the aite, sufficient greding ie reyuir~~d to necesaitate a grading permit, no work an grAdinq will be permitted betwQen October 15th end April 15t1~ unleae all required off••aite drainage facilitiea have bec~n installed and ere operative. Pc,eitive aeaurence shell be provided the City that such d.rainaqe fecilities will be campleted prior to Octnbar 15th. Neceae~ary right-of-way for off-sitP drainAge facilitiee shell be dediceted to the City, or the City Council ~hall have ini.tiated condomnation proceedings therefore (the costs ~P which shall be borne by the developer) prior to the c~mmencement of grading operations. The required drainage facilitiex shnll be of a slze and typp: aufficient to carry runoff watFra originatinq from higher propertiea throuqh said pzoperty to til.timate disposal as approved by the City F.nqineer. Sai.d drainagn faciliti~a ahell be the first item of construction and sht+ll be completed and be functional throughout the trect and 1'rom the dnwnstream boundary of the properhy to tha ultimate point of c~l.eposal prior to the iseue~nce of any final building inspections or occupancy permits. Orainaqe district reimburaement aqreements may be mede available ta the developera of sdid property upon Lheir request. 9. That the existing naturel drainage sha21 be maintair.Qd j.n ita preaent condition or ~n approved drainage structure constructed to the satiefaction of the City Enqineer. 10. If permanent s~reet name signs have n~t bePn instal'_ed, t3mpora~ry stree*_ name siqns shall be installed prior to any accupancy• 11. That the owner(s) of subject property shall pay appropriate drainage assesement fees to the City of Aneheim as determined by the City Enqineer prior to approval of a finnl tract map. 12. That the owner(s) of subject prop~rty shall pay the txaffic siqnal assesament fee (Ordinence No. 3896), in an amount as determined by the City Council, for each new dwelling unit prior to the issuan~e of e Uuilding permit. 13. Thet the aliqnment and terminal point of storm drain easements shown on this tentative tract n.ap shall not be considered final. These easamer.ts ehall be ..ubject to precise design considerations and apprcval af the City Enqineer. 14. That a deed restxiction be placed in the CC&Rs ~n lots 1 throuqh 4 requirinq that trnsh pick-up be from Peralta Hi11s Drive only. t0/4/82 MINUTSS, ANAHICIM CITY PLANNINO COMII~lISSION, OCTOHER 4, 1982 82-5~6 IT~M NO. 5. BIR CATRGQRICAT,LY ffiX~MMIPT-CLA89 5 AND VARlANCB NO. 3295 P[1BLIC NEARING. OWNBR~ ROBSRT 8. 6 SHIRLEY M. FORD~ 2761 ~. Viking Avenue, Aneheim, CA 928n6. Property deacribed es a rectangularly-aheped percNl o~ iand consietinq of appraxitnetely 7215 aquere Peet, 2761 L. Viking street. Waiver o! minimum renr yerd c~tback to canetruct a room aAdition. There was no one indicet.ing their preaence in opposition to aubject requeat end Although the etef~ report wee nat xeed, it is referzed to nnd made n part ot the minutea. Robert B. Ford, owner, waa preaent to answor any questions. THE P~-BLIC HFARING WAS CL09ED. Respondiny to Commieaipnex Herbst, Mr. Ford clarified thot the project wi.ll meet City codo. It was noted the Planning Director or his authorized representative has determined thdt the proposed project falls within the definitian of Cetegoricel Exemptions, Clasa 5, ae ~efined in the 3tate Environmentbl Impact Report GuidelinAe and is, therefor.e, categoricelly exempt fzom the requirement to prepare an EIR. ACTION: Commisaioner Herbet offerad Resolution No. PC82-188 and moved for its passage and adoption that the Aneheim City Planning Conm-1eAion does hereby grant Variance No. 3295 on the bdsis that the room to be added is an exieting petio and has had no detrimental effect on the nei.ghborhood and on the basie that denial would c~eprive subje~c.t property of privileqes enjoyed by other propertiea in the eame tone and vicinity and aubject ta Interdepartmentel Committee recommendations. On roll call, the foregoing reaolutian wns pasaRd by the following vate: AYES: BOUAS, BUSHORE, FRY, HFRB3T, KING, LA CLAIRE~ MC BURNEY NOES : *IONE A$SENT: NONE ITEM N0. 6. EIR NEGATIVE DECLARATION, WAIVER OP CODE REQUIREMENT AND CONDITIONAL USE PERMIT NO. 2381 PUSLIC HEARING. OWNER: KEZY RADIO, 2NC., 1190 E. Ball Road, Anaheim, CA 92805. Property described as a rectangularly-shaped parcel o~ land consisting of approximately 5.43 ecres, i313 Nancock Street (KEZY)• To permit a 213-foot high radio transmitting tower in addition to an existing radxo transmittinq statio:~ with waivar of permitted antenna. There was no one indicatix~g their presence in oppoeition to subject request and al•chouqh the ataff zeport was not read, it is referred to and made a part o! the minutee. 10 /4/82 MINUTS8, 11NAH~IM CITY PLANNINO Ct~MMI88IAN, OCTOBL~R 4, 1982 82-SZ7 Den Mitoh~ll, Generwl Maneq~r, KEZY, ~xplainscl their prop~sal is to add e liPth tower to *heir exie~inq lour tower~ to chenqe the conliquration of their exlsti.nq pattarn. THE PUBLIC HSARING WAS CL09E0. Chairmen Fry eeked it thiA eppliceti~n hea boon approved by the FCC with Mr. Mitchell reaponding that they ar4 in the rr~c~as oP qettinq th~t approval. Cnmmiasioner euahore clarified that thqy will not uae thir~ towe~r !or nny ~ne other than themselves with Mr. Mitchell expl.aining the towere will be uaed at niqht only for their trenamiesiona. ACTIONs Comtnleaioner King olfared e mation, seconded by C.crnmiasioner McBurn~y end MOTI~N CARRI~Q, that the Anahpim City Plnnning CommiBai~n hea reviewod the propoeal t~ perm:t a 213-foot hiqh redi~ traremittinc~ tower eddition to an exi~tinq radio tranemitting radio etntion ~~ith waiver of permitted antenna on a rectangulerly-ahepe~ parcel of land coneietinq of appx~ximetely 5.43 acres, hat'ng a frontage of epproximntely 359 feet ~n the west ~ide of Hencock 3treot and furthor deacribed as 1313 He~ncock Streett and doea hQreby approve the Neyntive Decleration lrom the requiremenC to prepere An environmentel impact• report on the beais that there would be no aignifiaant indivi.dual or cumulative edverae environmental impact due to the approvel of this Negative Declaration since the Aneheim General Plan deaiqnates the sut,ject property for general induatrial lend uaes commensurnte with the propoealt that no sensitive environmental impacts are involved in the proposelt thnt ti7a Initial Study submitteif by the petitioner in~icates no eiqnificant individual or cumulative adverse environmental imp~cta; and that tt~e Negative Decleration ~ub~':antiating the foreqoing findings ia on files in the City of Anaheim Plt~nning Department. Commiseioner King offered a motion, aeconded by Commiseioner McBurney and MOTION CARRIED, that the Anaheim City Planning Commission docee hereby qrent waiver of code requirPment on the basis of the location and surroundings and the four existing towera have hdd no detrimental effect on the eurr~unding neighborhood. Commissi.oner King offered Resolution No. PC82-169 and moved for its passage and ndoption that the Anaheim City Planninq Commission does hereby qrant Condltional U~e Permit No. 2381 subject to Interdeprrtmental Committee recommendations. On roll call, the foregoinq resolution was passed by the following vote: AYES: BOUAS, BUSHt~IiE, FRY, HERBST, KING, ~.A CLAIRE, MC BUFtNEY NOES: NONE ABSEti'!': NONE ~ MI'~tJT1C8, 71NAHI~TM CITY pLl1NNINQ CCMMISBION, OC'!'081ER 4, 1982 92-528 IT~ O. 7 RS1tORT8 11NA R~COMM3ND11TION8 11. M11$T1CR ENVIRONMENTAL 1188B881~NT INP'ORM7ITION ?R~88NT1-TION - inlormntia~ only (No action raquired). John 1lnder~on, Aesocieto Planner, gevc~ n presantation at the Comeniasian'e morninq review ses~ion oencerning developmen~ a n d epplicati~n of a Mast~r Rnvironmantel 1-eseesment, besed on tho Annhaim Atlan. There wee no ection tRken by the Plenning Commir~eion. 8. RH~CLA86IFICl1TION N0. 78-79-5 - Requ~et lrom Hugh ~. Heldermcn, Jr., J.N.H. Coneultants, tor exteneion o! time for property coneieting o! approxin~tely 83.8 ncree loceteA ~~n the south aide o~ ,~illov+lek Drive, approximataly A65 feet eouth of the conterline of Nohl Ftanch Roac:. ACTION: Commiesi.oner King offered e motion, saconded by Connniaei~ner McBurnoy and MOTION CARRZED, thet the Anaheim C ity Planning Commiesic~n d~Qe hereby qrent e rekroective onA-yeer exten s ion of tima for Recleaeitication No. 78-79-5 t~ expire ~an Auqu e t 2A, 1983. C. PROgO88D CODB NMENDMENT - Amendment to 3ubsect i ons .130, .131, .132 end .133 of 3ection 18.41..050 and re~eel of Subsecti~ona .13A, .135, .136, .137 and .138 of Section 1~.41.050 ut Chapter 18.' 3 of Title 18, Zoning, pRrteininq to office usee in residential struc tvre. ACTION: Commissioner King offered e m~tian, se conded by Canmissioner McBurney and MOTION CARRIED, that thA Anaheim C ity Planning Commieeion does hereby recommend to tho City Council adopt ion of an ordinance to amend Subsections .130, .131, .132 end .133 of Section 8.41.050 and repeal of Subsectiona .134, .135, .136, .137 ar~d .138 nf Saction 18.41.050 of Chdpter 18.03 af Title 18, Z~ning, pertaini n g to office uses in reaidentiel atructure. D. ABANDONMENT N0. 81-29A - Request from Henry C. Vogt. (owner), to abandon d etorm drein oasemAnt, located approximately 18 7 fest northerly of the intersection of Pereqrine Street and Puz•itan La ne, at the northerly terminus of Peregrine 8treet. ACTION: Commissioner K.inq offered e motion, s econded by Commiesianer McBurney nnd MOTION CARRIED, thet the Anaheim City ~lanninq Commission does her~by recommend to the City Council tha t Abandonment 81-29A be appr~ved as reco~nended by tt~e City Engineer. E. CONDITIONAL USE PERMIT N0. 2364 - Request for nunc pro tunc resolution amending Resnlution PC82-161, property located at 2211-I E. Winston Road. AC'I'IAN: Com~aiseioner Kinq offered Res~lution No. PC82-190 and moved for its passage and adoption that the AnahRim City Planning Commi.eaion does hereby qrant a nunc pro tunc resolution amandi nq the vote in Reeolution No. PC82-161. On roll call, the foreqoing resolution wea passed by the tol.lowing vote: ,AYESs BOUAS, BUSHORE, FRY, HERBST, KING, I.1~- CI.AIRE, MC SURNEY NOEBs NON~ a1S8$NT s NONE ~u~4~82 ~ `~~ MINVTI~8, 1Wl~H1CIM CITY PI,~INNING COMMI88IOT1, OCT08SR 4, 1982 82-529 F~ GONDITIONIIL U8S PSRMIT N0. Z366 - Requa~t tor A nunc pro tunc renolution •mending R~~olution No. PC82-162, property locatod at 1450 North Red Gum Streat. ACTION: Commie~ionsx King ottered Resolution No. PC82-191 and movsd Por it pi~~asqe ana adoption that the Anaheim C'ty Planninq Connni.eeion doae hareby grant e nunc pro tunc r'solution amending tha vote in Reaolution No. PC82-16Z. On roll cell, the lorequing resolution wae passed hy the followinq votes AYEBi BOUAB, BUSHORE, FRY, HERB&Tr 1C.ING. I.A CLAIRE, MC SURNEY NOBSt NONE AHSENTs NaNE OTHER DIACU88ION8s (A) The Commission briePly diecueeed convereione of ~ervice etatione to convenience markeks with qaealine sales pertaininq to previouely Approved eitea which ~rimarily were on corner lotst denial brsed an similar uaee ln the enme loaetionj enrvice statians no longer oftering servicea and merely eF•11 qneolinet eale of beer nnd wine witt~ geaoline ealesj oil companiea seeking infornatfon on aever~l loc~tions in Anaheimt conflicting treffic and parking. Annika 8antalehti areted ~ verel weeks ngo the City Council did ask for a atudy end Zoning staff i ::ollectinq inforc-ation ttnd will k:e suqqesting criteria pertinent to aize ot property, circulation, parkinq, and the sale of beer and wine. 8he related ahe received informetion that n convenience merket/service stati~n in the City of Orange has asked for a third uae, e car waeh. B. Commiseioner Buehore sL•ated th~ pxoperty at 627 S. Harbor was reclassified fro~a RS-7200 to CL with a conditional uae permit to allow canm~brclal uae o! e residential etructure with waiver ~f minimum number of parkinq spa~c~s. He atated the atruct,ure now lookts like a store front and is pc~sted to sell alcoholic beverages. Dean Sherar explained the property ~ras reclassified for commercial uses and the petitioner demolished the re~~dential structure and built a commercial structure ao they could have any conm+ercial use~ perniitted by code ~nd off-aele beer and wine would not create a parki.rig prablem. Commiesion~r Buahore atated he eeea e+ real problem for that neiqhbozhood becauss of the servicemen's center and suqqeeted thc Alcoholfc Beverage Control eoxrd be nutitied. Dean Sherer etated ataff would not clear the AeC license thzouah the department if they felt whatever is propoaed intensified thu ueQ npproved by Commission. 10/4/82 ;~ :~ ~ f f r i ~ ~ ~ + ,_ ~, ~ ~ ..... ~ MINUTEB~ 11N71qEIM CITY pL~1; ~INO COMMISBIdti, OCTQHa~t 4, 1982 82-530 l1CTi0N: Conimis~ion~r Eu~hor~ o!l~r~d a~wotion, eeaoned by Co~aai~aion~r H.rbat and N~OTION C71RR23lD, instruotinq ~ta!! to x~vie~- th~ property at 62~ 8. Narbor to d~ti~ranine i! required parkinq io provi dad. I~DJOORNMbNT: Th~r• bei~q no further bus ineta, Conaniasioner H~rbst o!lered a tnoLion, seaUnded by Caanaiss ioner MvHuxn~y and MOTION CARRxSD, th~t the msetinq bs edjourned. The m~etiny~ was adjourned at 2i57 p.m. R~ speattully aubmittad ~,~r.aC, ,~° ~~C~-~.~:.,. Sdith L. Harrie, S~ecretary Anaheicn City Planning Cr,n~ieaion ffiLH:lm 10/4/82