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Minutes-PC 1983/05/16~` ~ ~ 4 ' `~ t RLOULI-R MEgTIN~ p~ ~Hg ANl-HBIM CITY pLANNINCi COMMISSION RBGtlL11R MLETING Th• c~gu~tar meetiny oi the 7-naheim City Plannin9 Connnieoion w~s cellecS to order by Chnirmein Pro Tempore Bouae at 10:00 a.m.r May 16, 1983, in th~ Council Chambac, A quorum being p[eeent end the Commioeion reviewed pla ne of the itema on today's agenda~~ RECESS: 11:30 e.m. RECONVENE; 1:30 p.m. PRESENT Chairman Pc~ Tempore: Bouas Commissioners: Hetbat, King, McBucney (Commieaionec ~uehore ~rcived at 3:5 5 p.m.) 1~BSENT Commisaioners: Pry, La Claire AI.SO PRESENT Annika 3antal~hti Jeck White Paul Singer Jack Judd Dean She[er Edith Harcia Aaeiatant Dicector f.oK Zoning 1-saietant City Attorney Traffic Engineer Civil Engin~er 1-asociate Asaociate Planner Planninq Commiseion SecceLa r y APPROVAL OF MINUTES: Commisaioner ring offered a motian, seconded by Commisaioner McBurney and M~TIUN CARRIED (Commiasionere Bushore, Fry dnd La Claire abaent) that the minutes fram the mepL•ings of Apcil 18, a;~d Ma y 2. 1983, be appcoved as submitted (Commisaionec Herbat abetaining from thos e porkions of tt~e May 2, 1983, minutes in whicti he was abaent). ITEM N0. 1. EIR NEGATIVE DECLARATION AND VARII~NCE N0. 3332 PUBLIC HEAIRING. OWNERS: SWO-WeI CHAI, BT AL, 921 S• Hacbor Bou2evacd, ANAHEIM, CA 92$05. AGENT: K.K. CHANG, P.O. Box 8064, l~naheim, CA 9280 2. Praperty d~scribed as an irregulacly-ahaped parcel of land con,~isting of approximately 1.6 acre, 921 S. Hacbor Boulevard (Sandman Inn). Waiver of minimum number of parking spacee t~ expand an existing motel. Continued from the meeting of May 2, 1983. There was no one indicating their presence in oppoaition to subject requ eat and altl~ough the staff report was not read, it is c~ferced to and made a part of the minutes. Swo-Wei Chai, owner, was presenk to answer any queatione. THE PUBLIC HE1hRING W1-S CLOSED. Commissioner Herbat stated he i~: still not satisfied with the number of prrcking spaces proposed (86 proposeds 143 required incluc3ing restaurant ) nna asked what the owner planned to do if ++11 the parking spaces are being utilized and he still ha~s rooms to rent. 0522H PC83-•283 5/16/83 -. ._~.y,.,„,, ,~ ~ NUT=S. AN1IH~IM___S~_~'Y PLANNING CGMM188ION. M11Y 16. 1~,6~ ~~ 11~~ton Prinql~, 2651 a. Chapm~n, tull~rton~ TrAltic Rnqin~~ri~iq Consulkanti, ~xple~ln~d a number of lactor~ w~re con~ider~d in th~ir tca!!ic studyt th~t the Code ~tquicem~nt i~ ba~~d on 4tud i~• snd th~ r~~ult oe th• p~ak o! av~ceqee end i~ thie ce~e, th~ •xi~tiny ~ s cility we• surv~y~dr that b~a~Q on theic oba~~vation a! thM mot~l bainq f u il durinq th• W+~~hinqton bicthdsy we~ksnd, which wa• a long thr~e-day w~ek~ nd, rh• ratio wa~ .63 spac~a p~c room, but unioctun~tely it w+~a not poa+~ibl~ to ditt~r~~tiate betwe~n Lh~ parking tor the motel And the r~oteurant ~nd th ~ totela includ~d ell th~ ure• and at the ~63 retio !or 100 room~, 63 •pacMa would be ~puired and with 86 opaces propo~~Q, th~re would be a 271 aucpXua. He atatad there are also tour cluba uaing thie motel end et the time ot the study, qu~stie arrived by bua and there wes no pr~blem with ~he bus maneuvering and there was adequate parking for the buaea. Ne ateted based on the t a ckor• consider~d, th~y leel th~ 86 apacea propos¢~d will be adequete. Commiaeihner Herbst ateted the t caftic count wae done during the month of Febcuary and he ihoughC e lot mo re people would be acciving by prlvate vehicles during the aummer. He stated this request both~ra him beceu$e the requaet is foc so much more tha n nocmally granted and he Eelt the propecty ien't big enough to add thiA me~n y more rooma. Mr. Pringle explained khe count was taken during a long holiday weekend and agr~ed that bettec reeulte could have been gotten ducirtg the aummer. He pointed out they have done seve r al atudiee for other motele in the acea during the peak vecation time end thoa e reeu.lte aere used in conjunction with thla pecticulec stady and they had s imilar ratio a. Commiesionec Ring pointed out t h e City TrAffic Bngineer hda expreesed concern over the number of epaces proposed and edded if the City Tra~ffic Engineer is noncerned, then he ia also concerned. Commiasioner Herhst atated he f e els the property is Juat being ovetbuilt end even though the Commieaion !a na t suppoaea to eet precedent, the next motel operator will want the snme thf ng. He ateted the Packing Ordinence w~a recently changed beceuae atudies showed tha t moce perking wae needed for eome ~f the ceetaurente around the C i ty and Code wea also changed because of the number of waivere being coquest ed. He sugqested they work with the rreteucent ownec to allow a~ certain amaun t of compac* c~r epac~:e. Mr. Pringle etated these two pcopertiea are owned aeparat~rly e-r~d the restaurant wae approved under d iffer~:nt Codea. He ststed h~r thought the reataurant could stand on ita own w.ith the 25 unita being added. Mr. Chai stated ebout 60t of thei.c groas income is from the touc busineas end they want to expand that bec~u s e they need more tour buaineas. Commiasianer Herbst atuted the addition of theee rooms will be permanent and the tour businees could change in the future. Mr. Chai etated he does not need the number of parking spa ces required. Commiseioner Herbst suggeated the owner tequest a two-week co~ti nuance in ordec tn reduce the number of unite, Mr. Chai requested e two-week continuance. 1-CTION: Commisaioner King offe red a motion, eeconded by Commiasioner McBUrney and MOTION Ca1RRIBD (Chairmdn Fr y And Commiseioners Buehore and La Claire dbsent), thet consideratfon of the aforementioned mdtter be continued to the meeting of June 1, 1983, at the request of the petitioner. ` i t MINUTeB. l1Nl-H6IM CITY PL7INNING COlIMI88ION. MAY 16~ 1983 83-28S ITalI NO• 2. RIR C1ITROORICALLY aX1~IPT-CLJ188 5 I1NA V1IRIANC~ N0. 3333 PUBLIC NeJ-RZNG. OWNBRSs PBT6R GW0800l, BT Ai., 1695 W. Cr~acent 11v~nu~, 11n~heim, C11 92801. 11GQNTa TRARY MBCHLINO, 1172 8. Coa~t Hiyhway, I.+~gune B~ach, CA 9 2651. Prop~cty deocrib~d e~ a c~ctanqulerly-ahape4 psrcel o! lend ccneitting ot eppcoximately 0.2 ecre, 87 2 8. Herbor eoulev~rd. Weiver oi minimum ~id~yard eetback to conetruct en otfice building. Continued from the meeting oE May Z, 1983. Thece wa~ no one indicatinq theic pceeenc~ in opposition to aubject cequeat and although the eteff repnrt waa no~ read, tt le referred to nnd mede a pert of the m:lnutea. Terry Mfchl ing, agent, etated the aite i+s substendard in size for CO 2oning end ie only 8,000 equare fe~t and ahould be 20,000 aquare fret, and in order to build succeeefully, they need a weive r of the 10-foot gideybrd setbeck and noted thet they do meet ell of ~he other Code requicementa. He eteted he ~haught the building would be e welcome addition and a~ improvement to the neighborhood . THE PUBL'IC HEIIRING WAS CLOSED. Reaponding t o Cammiseioner Herbst, Mr. M echlinq explained he had not diecuased the plana with his ,.eighbor. 1-dri r~edict, 863 S. Helena, Anaheim, etated they have been eatisfied wfth r~~ ~~ buildinga thAt have been co~-structed in Chie area, but they ece concr. ~ ~ how cloee thie bu ilding w ill be to the wall. Mr. Mechling revi aweu the plane with Ma. Benedict and ahe responded thet the neighbore could eccept these plans ae pres ented. Cor~missione r Herbet atated he wo uld want to aee somP landscaping ~buttinq the homea. Dean Sherer, Aasociete Planner, explaine d there fa no requirement for landacaping in this zone. Reaponding to Commieaioner Herbet, Mr. Mechling atated thR parking will be ria;~t up againet the w~all and w~th the average height of a vehicle todey, the vehicle cannok be aeen by th~e residente. He stated ther e are plantera propos ed on ef eher side. Commissioner Herbat suggested landecaping be pcovided, wi,th Mc. Mechling replying they could not provide a 20-foot la-ndsceped buf~er, but that they would be happy to provide a 3-foot er~a of landeceping aince they er e~ allowed a bumper overheng. Mr. Mechling sta ted he would be willing to plant something oimilar to Cypress trees ta go above the wall. Commicsioner Herbst stated he would like to eee a 10-foot wide landscAped buFfer and he would want to see the Cypr eea trees planted on 4-foot centera. It was noted the Planning Director ar hi s authocized repceeentative has determined thet the propoeed projec~ fal ls within the definition of Categorical Exemptions, Claae 5, ae t:afi ned in the State Bnvirunmerttal Impect Report Guidelines and is, therefore, cstegorically exempt f com the requirement to prepere an BiR. ~,~~ t ~ MIN~TE$~ 1-N1INEIM CITY PLIINNYNG CQMMI88ION. MAY 16. 1983 83•186 11CTIONs Conani~sion~r Kinq otlorad R~aolution No. PC03-93 and n~ov~d !oc its pae~age ~nd adnptio~ that th~ Anah~im Ciky Planning Conunisaion do~a hec~by qrenr V~rianc• No. 3333 on th• b~~i~ o! ~h• ~iz~, loc~tion anQ surroundinqa of subj~et pcop~rty und on th* basit that d~nial would dfprive •ubj~ct property o! privil~qe~ ~njoyed by other ptop~rties in the oeme zon• ~nQ vicinity and on the baeie that th~ p~~itioner etipulateQ to provi0e e 3-loot wide la~ndocap~d buEfer wiCh Cypr~ae treei, or ~imil~r tcee~ ae approved by the Planning Depertment, on 4-foot center.s and eubject to Interdepartmentel Committee r~commendationa. On coll call, the toregoing resolution wea peaaed by the following vote: 11yEg; 80U118~ HERAST, KING, MC BURNBY NOBS: NONE ABSENT: BUSHORE~ FRY, L11 CLl-IRE ITBM N0. 3. EIR NEGJ-TIVE DECL11R1-TION 11ND VARIIINCE N0. 3334 PUBLIC i;E1-RING. OWNER: MARVIN C. NOOR6, 1811 Crestwood Lene, 1~pt. 1, J-naheim, C~ 92804. Property deacribed ~s iccegulerly-shaped parcel of lend coneisting of approximately 12,1OQ aquare feet, 1811 Creatwood Lane. Weivers of maximum structucAl heighk, meximum site coverage, minimum diatance between buildinga and minimum number end type of perking apeces to conatruct a 2-unit additfon to an exiating 8-unit apactment building. There was no one indicating their presence in oppoaition ta subject requeat and elthough the ataff report was not reed, it ie referced to and made a part of the minutes. Mnrvin Moore, ownec, p.~.~lained thie project will allow him to increase his ratio of parking ovrr <<~~t he hae now. THE PUBLIC HEI-RING Wl-S CLOSED. Reaponding to Chaicman Pro Tempoce 9ouae, Mr. Moore stated he preeently has 13 perking apaces, 6 covered and 7 not covered. Reaponding to Co~n,riRsioner McBucney, Nr. Moore explained there is a~n alley along the rear r~ ~~•• property where the tandem parkinq is propoaed end it aeparatea the p: t~ r•i from the single-femily reeidences. Commiseioner Ring stAted the Traffic Engineer recommends thet the requi[ed number of parking apaces be provided, ever, 'f it means lowering t-:~ n::mbet of unita requeatedo Mr. Moore stated he current~y hae two tenanta who do not own a vchicle and he has never had ~ t~nant with moze than two vehiclee and presentl~ :hece ace no problema with pa~rking arede. Responding to Chairmen Pro Tempore Bouas, Nr. Moore stated originally there were faur units a-nd hr edded four units on top with 7 additional f,arking apace~. MIN~TQS. 11NAH6IM CITY PLANNING COMMIB$IONR M~Y 16. 1993 83-287 Commi~4lon~r H~cb~t ~tated h~ f~lt khia i• iuet overbuildiny the aite end thet th~re ec• mor• pACking ~roblems sround epartment~ than ~ny oth~c placa. Mc. Mooce stat~d thi~ lot i~ difi~c~nt than ~ny othec lot b~cau4• of ita ahape end h• coul~ not add more p.erking. Ht ndded this will bcing their parkinq up more than what currently exiet~. Commi!aioner Mceurney indicaked h~ was concecned that this wauld be aetting en unde~irabie pcecedent end telt it is s~verely overloeding the prap~rty end etated he will not aupport the cequeat. Mc. Moore explained the tandem packing epacea will be numbered and thoee apaces will be assigned to the same unit end if the tenent only hed one cat, they would have the option of two apaces and l.hdt the other apace will be left open in cASe that tenent movea out and othec tenants move in who need two BpdCR9. Commiaeioner Herbat stdted thie certainly ie an odd-ahaped parcel end they could nat hev~ met the Code and etated when the ~ew perking etalls are added, it will improve perking in the atea. Peul Singer, Traffic Engineer, at~ted t~iere are units occupisd by tenanta without any vRhiclea presently. Jack White, Aseistant City ~ttorney, pointed out even though units may currently be occupied with peraons who do not own vehicles, that could not be included in the approval ae reatrictions to future tenants. ACTION; Commisaionec HerbsC offered a motion, seconded by Commiesioner Kin~ and MOTION CARRIED (Chairman Pcy and Commissionere Bushore and La Cl~ire absent), that the Anaheim City ~lanning Commiasion has reviewed the pcoposal to conatruct a 2-unit addition tu an existing 8-unlt apartment building with waiveca nf maximum stcuctural height, maximum site coverege, minimUm distance between buildings and minimum number ~nd type of parking spdcea on an irregu~Arly-shaped parcel of land conaisting of appcoximately 12,100 squ~re Feet having a frontage of approximately 47 feet on th~ north side of Crestwood Lane and fucthec deacribed 1811 Creatwood Lanes ~nd does hereby approve the Negative Dpclaration from the requirement to prepdr~ an envfronmental impact report on the beeis that thece would be no significant individual or cumulative adverae environmental imp~ct due to khe npproval of thie Negative Decleration since the Anahrim General Plan designatea the subject property for medium density residential land uses conanensurdte with the proposalt that no sensiti~.e environmental impecta are involved in the proposalt that the initial Study submitted by the petitioner indicatea no aignificant individuAl oc cumulative adverue enviconmental impacta~ and that the Negetive Declaration substantidting the foregoing findings is on file in the City of 8-naheim Planning Depertment. Commissioner Herbst offered Reaolution No. PC83-94 and moved for its passege and adnption that the Anaheim City Planning Commission doee hereby grant Variance No. 3334, waiver (a) on the basia thAt the aingle-family cesidential etructure is located acroas the alley and qranting weivers (a, b and c) on the beais that denial would deprive aubject pcoperty of privileges enjoyed by MINU__ TR8.~~171!lBIM CITX pLANNIN(i CO„~IM288ION MJ1Y 16,_ 1983 _ 83-288 other pcop~rei~~ in the ~~m~ son~ and vicinity and qcantinq w+~iv~c (a) on th~ ba~i~• thet •ppcov~l of thi~ pcoj~et will incr~ao~ parkinq cuc~ently •xisting snd on the ba~i~ that ehr varianc~ will nok cause any increse• in trattic cong~~tion in th~ immediat• vicinity nor adveceely att~ct any adjoininq land uae~ and will not be detrim~ntel to th• p~ac~, heslth, sef~ty oc y~n~ral w~lEara ot the citis~~s of Ansheim end aubject to Interd~pertmantal Commi~te• recommendation~. On roll cell, the toregoing r~nalution wae paesed by the Eollowing vo~e: AYSS; 80UAS, HBRBST~ RING N063: MCBURNEY 1-BSENT: BUSHORE, !'RY, L1- CLNIRL Jack White, Aseistent City Attocney, presented the writken right to appeal the pl~nning Coanniee~on',a decision wf~thin 2Z dAye to the City Council. ITEM N0. 4. SIR NEGATIV£ DECL11R1~TION AND Vi-RIJ~NCE N0. 3335 PUBLIC HEl-RING. OWNERS: JAMBS ]1NA VEL~11~ EMMI, 1009 Dolphin 1lvenue, Corona Del MAi~ C11 92625. AGENT: McLEAN ~ SCHULTZ, 2000 E. Chdpman 1-venue, Pullerton, Cl- 92631. Property desctibed as e rectangularly-ahnped parcel of land cansieting of epproximeL•ely .69 acre located et the aouthweete~ly terminue of Kimherly 1-venue, 1100 E. Kimberly 1-venue (Nelco Producta). Waiaer ot minimum numb~r of parking epacea to conetruct a lunch ~oo;n addition to an exiating :ndustrial building. 2t wae noted the Plenning ~epartment etaff has requeated that aubject petition be withdrawn. J~CTION: Commisaioner Herbat offeced a motion, seconded by Commieaioner King an~ MOTIUN CJ-ItRIED (Chaicman Fry and Commissionece Bushore and La Claice absent), tha~t petition for Variance No. 3335 be w~thdrawn et the request of the Planning DepArtment staff. ITEM N0. 5. BIR NEGATIVE DF~~L11R1~TION~ RECLASSIPICJ-TION N0. 82-83-31 ANp V71RI1-NCE N0. 3336 PUBLIC HEA-RING. OWt~L~ftS: LIDO Ll-NE PROPERTIBS, INC., ET AL, 361 Los ~-ltos 1-venue, Long Beach, C1- 90814. 1-GBNT: D1-VID W. CORNISH, 14804 Rayfielo Drive, La Mirada, C~- 90638. Ptoperty described as a rectan~ularly-ahaped parcel of land consiating of app[oximately 0.75 ac[e, having A fronta~ge of approximately 118 feet an the eouth side of Ball Road end further described es 304p W. Ball Road. Waivere of required lot frontage, minimum lot area per dwelling unit, minimum eideyerd aetback ~nd minimum tecrcational-leiaure nree ta const.ruct a 12-unit affordable condominium complex. There Nr~s no one indice-Ling theic preaence in opgosition to subject request and alti~ough the sta!! raport was not rea-d, it is referced to and made a part of the minutee. f - -- p~~ R.~ndy Norrii, 4[Chlt~ct, expl~in~d the proj~ct and statad he agreed with the Atd~f report end alsA eqrf~d with th• memorsndum from Che Commur.ity Development Depactm~nk and steted he ia willing to work with thac department to work out en egceement on th~ af~ordeble iasue. TNB PUBLIC H$ARING WAS CLOSED. Commisa.oner Herbst reirrred to the memo from the Community Development Depertment end eteted h• did not think unite at 5110,000 could be conaidered effordeble houaing which is beeed on the income of the family. He aaked what the hardahip would be for gr~nting the w~ivera and indicated he thought this pc•oject wes overbuilding the property. Mr. Nocrie et~ted undec the guidelinee they were given, they do meet the afFordebility criterie far a S oc 6 pereon h~uaehold. Jeck White, 1~siatant City ~ttorney, explained under the ma~datea of Section 65915 of the Govecnment Code, the City is required to grant denaity bonuaes oE not lesa than 25~ if the owner provtdee not leee Chnn 25• of the total number of unite as afford~ble to femiliee oE low or moderete income ae dePined by State Law and those ere familida who ete below 1201 0! the County median income. He stated the City ig not in the position of deviating from that definitionj however, in thie ceae the eFplicent ia requesting 4 diatinct waivera of Code cequicpment end it would appear waivec (b) apecifieally relatea ~o the density bonus e~d the other three would requice regular findings under the variance procedure wherei~ khe property hae to be unique and denial wauld deprive eubject property of privilegea enjayed by other property in the aeme zone and vicinity, Mr. Notcis steted he does not know what the herdehip could be, but they would be willing to work with Kete Adema dnd the Community Development Depart~ent tn kry to meet the affordability guidelines. Commieaioner ~ecb~t etated these will be 3-bedroom units nnd there will be children in thoae unite and recreational epace will be needed and a waiver has been cequested. Mr. Norrie atated they intend to place recreational-leisuce space in the re~r yards of each uniC end that in other affordable projects, the recreational space is throughout the pcoject in thp common areas, with very small individual spacea and he believed this feeling of e single-f~mfly dwelling withctheic ownipcivatehbackyards~l@Ke~ the etated the backyard is 10' x 40' and another erea ia 10' x 20' which would allow for a patio, apa, etc. and he thought that wes better than having 1,000 squere feet in e common area. He etated thia project hea little or no common space so thece will be hardly any aseociation fees and there will be a play couct et the end of the street and thie project was de~igned acound femiliee. Responding to Commi$sioner McBurney, Dean 8herer atated waiver (c) refers to the dietance of the building well to a eide property line and th~ 11 feet ia required because of the building wall. t ~ ~tnvr~ • - -- - - Commir~ion~c H~rbst steted th~ applicant i• r~qu~atinq fouc waiver~~ ~:dti~~• uir~d to quali.lY aa atfordebl~ pcoj~ct. He eu~q units are being ceq r to ~ust build 10 r~gular miqht b~ mor• edvan~aqeous Lot tCoda•end forget trying to qualify !or condominium uni~ta aa allowad by u~t ~~Ying to overbuild a!locdabl~. He stated he thought th• Qevelopec is j be ~glordeble for a the ~ro;ect and point~d out th• thcee units would only period of 5 years. Mc. Norrie stated the herdrhip ig rheocdabledunit~byhhaving 9nmecketlcate dnd they are giving up the edditional efE unita end three aftordnble units. Commiesioner Hecbst ag:eed with the eu99eetion Af not hnving any egtordeble unlte and building the pcoject to Code. Commisaioner Hecbst eteted he could not vote foc approval of thie ~~lanst °nd aeked if the developet would like a continuanceand iadusing thelaffocdable becduse he ig trying to avecbuild the property eo~cept to get moce unite. He stated he is ceady to offer a motion foc denial. are thQ Commiaeion i~ offecing the petitionec Che Dean Sherec atated it appe an effordable altecnative of ceducing the number af units oc concluding agreement with the Community Houeing Department. Mr. Notris stated he would like a tao-w@ek continuance. J~CTION: Commisaioner Herbet offered a motion, aeconded by Commiseion~r King and MOTLON CARRIED lChairman Pry and Commis~aionera Bushore and LA Claire abaent), that coneideretion of thneaiO11983tiat ti~edre4ueet ofntheupetitioner. cegularly-acheduled meeting of Ju -_____~~w~~T \~ll~ ITF.FI NO. 6. EIR NEG1-TIVE DECLARATIaN wniv~~ ~~ ~_- - CONDITIONAL USE PERMIT NO• 2438 p.p. Box 63a8, Orange, C~- PUBLIC HEARING. OWNERS: LJ- Pl-I~11- 9USIN~ES~X~303~ Ocenge, CI- 92669. 92668. AGENT: ROBERT D. MICRBLSON, $haped paccel of ldnd consisting o~ Property described as an icregul.arly- corner of White Star npproximately 4.1 acrea located at the northeaeterly 1-venue and Arm+~ndo Street. To permit a billboard in the ML Zone with waiver of maximum display area and maximum height. There was no one indicating theis no~er~ad,iit is~refetred toudndcmade aepa-rt and elthough the ateff report wa of the minutes. ent• explsined the owners of thia pcoperty are ~ssocieted Robert Mickeleon, a-9 end they manage ovec 8,000 wikh IPS Development and Menagement Comp~nhave as many as 150 to 300 units per apartment units in Ocang8 County dnd they believe this ia month to rent and ne~~dthislbillboardvandiit•would8noteaetheyprecedent because A ~ the logical place _ there are other aillboarda in the aree. ~ , MINUTBB. J-N11H6Ili C2TY PLIINNIN(i COMMISSION, NJ-Y 16. 1983 83-Z91 TH~ PUBLZC H611RING F1A8 CGOSED. R~~ponding to Commisaioner Hsrbat a• to why they want A sign thia large, Mr. Micktlaon itiated ther• ar• three atandacd ~izea in th~e industry. Commi~~ioner y~rbat steted e per~on aould have to be blind not to see even the amalleet bi2lbosrd and the Commi~aion hae bMen try~ng to clean up billboarde !or tw~nty yeaca end he thought they er~ obnoxioue. He asked iE a 300 aq. tt. eign would meet Code in that locetion. Dean Sherer, 1-aeociate Planner, atated Code permits 300-aqu~re foot billboarde wi~hin so many feet of en acteriel intereection~ but doea not permit billbonrde adjecent to freeways end that would require approval of a conditional uae p~rmit. He reterred to Title 4 of the Municipel Code which prohibite billboerde deaigned to be viewed from the fceeway and if thia wea approved, the epplicant would etill h~ve to obta~in approval from Ehe City Council for amen8ment to thet Cod~. Chai~mA~ Pro Tgmpure Bouas etated ahe did not know how aparkments could be advectised on this billboArd. Mr. Mickelson etdted it is not theic intent to limit the billboard ta apartments for rent. Ho ateted a~ny 300 aq. ft. billboerd in the ML Zone cequiree a conditiona.l use permi~ regdcdlesa of their locetion. He atated he did not believe the w~ivers ere Appropriate ~+e the Code very clearly cella out that billbo~rds lerger then 300 square feet may be permitted by conditional use permita and he thought that was a technical interpretation of the codei hcwever, it has been interpreted thia way coneiatently. He atated he wea not eware previously of Titl~ 4 end did not think staff had been ~ware of it either since it had not been discussed. He added it might be appropriate for the City Council to consider amending Title 4 sincE the City itself ie in violAtion. Commiasionex Herbst ateted he would vote againat thia requeat, but if the Council aees fit, tl~ey ehould change the ordin~nce eo the Flanning Commiasion io not continuelly being put on the spot, but right now the Codes are in effect and he would heve to abide witt~ them. ]~CTION: Commissionec Herbst offered a motion, seconded by Commiesioner Kinq and MOTION CARRIED (Cheirman Fry and Commiseioners Bushore and L~ Claire absent), that the Anaheim City Planning ~omn;isaion has reviewed the proposal to pecmft a billboard in the ML (Industrial, Limited) Zone with wa~iver of maximum displ~y erea and maximum height on an irregula~rly-$haped parcel of land consisting nf approximately 4.1 acre$ located on the northeesterly corner of White Star ~-venue and l-rmando Stceeti and does hereby approve the Negative Declerdtion from the requicement to prepare an enviconmental i7pact report on the basia that there would be no significant individual or cumulative adverae environmental impact due to the approval of this Negative Declaration aince the 1~-naheim General Plan designates thE subject property for generei industrial land uses commenaurate with the proposalj that no seneitive environmentel impacts are involved in the proposalt that the Initial Study submitted by the petitioner indicetes no siqnificant individual or cumulativ~ edverse environmental impactss and that the Negakive Declaration aubatantieting the foregoing findinge ia on file in the City of l-naheim Planning Dep~rtment. ~ ~ ; ' MINI,2,TB8. J1NAl~EIM CITY PLANNINO COMMIS$ION. M71Y 16. 1983 _ _ 83_-Z41 Commia~ion~r H~cb~t ol~~red a motion, ~econQed by Commiaaion~r Kinq +~nd MOTZON C11RRI~D (Chairmen Fry and Commissionecs Bushor~ end La Cleic~ ebse~t), Lhat the 1-neh~im Ciey Plennir~g Commi;aion doao heraby d~ny th~ c~qu~~t !or waivecs o! code requir~ment on the baois that th~re a~r• no unique circumetancea p~ctaining to the propecty itselt which wou10 deny the pcoperty s pcivilege enjoyed by oth~r pcopertiea in the aame aone and vicinity. Commiaeion~r Herbet offered R~eolution No. PC83-95 and moved foc its peeeag~• and adoption that the J~naheim City Plsnning Commiaeion doee hereby deny Conditional Use Permit No. 2438 on the baoi• that the propooed uae would adv~caely affect adjoining land ueea end growth and development in the acee and thet the eize and tha ehepe of the site ig not edequate t~ a~llow the use and that the use would be detrimental to the peace, health and general welface of the citizene of the City of 1lnaheim. On roll aall, the foregoinc reaolution wes pasa.~d by the following vot~: AYE3: BOU116, HERB3T, KING~ MC BURNEY NOBS: NONE ABSENT; BUSHORE, FRY~ L11 CLHIRE .7ack White, Assietant City Attocney, clarified that tbia application wa~s deni,ed for those reaeone as liated on Page 6-c of the staff cepact and egceed with Mr. Mickelson that it was not neceaeary to make the findings on the beais of the waivere. Jack White presented the written riqht to appeal the Plenning Commission's decision within 22 days to the City Council. Dean Sherer explained Title 4 of the Municipal Code does prohi.bit billboarda thdt can be seen from eny traveled freeway and that sevecal applications have been made that were questionable and thati thie application, along with othere, does pcopnse billboarda adjacent to freewaya and thfe a~pplicant, e~e well as Any future applicants, would have to obtdin that releese from the City Council and it may be it is Council'a diaccetion to celax the billhoard reQuiremenks and eliminate that provision, but at this time they would ati~l have to meet thoae requirementa. He stated stnff had not intentionally misleld Mr. Mickelson and that Council is certainly being made aware of this provision. Mr. Mickelson staied he was confident thAt ataff had not intentionally mislead him. ITEM N0. 7. EIR NEGATIVE DECLARIITION 1hND CONDITION~-L USE PERMIT N4. 2+40 PUBLIC HL1-RING. OWNERS: 3HELL OIL COMPi-NY, P.O. Box 4848, Anaheim, CA 93803. AGENT: 3TANLEY L6E, 5300 Orange Avenue, ;221, Cyprea~• CA 90630. I~roperty deacribed as a rectangularly-shAped parcel of land conaisting of epproximately 0.41 acre, 101 t~octh Beach Boulevard. To permit A car wash in an existing aervice station. There wes one person indicating his pcesence in opposition to subject request and although the sta~f report was not read, it is referred to ar.~ made a part of the minutes. MINUT~8.-11NAHQIM CITY PW-~iNINl3 COMMI88ION. M11Y 16. 1~83 83.,,,,_~93 Dico~ts Linds~y, Bngin~~r, 3he11 011 Company, ~xplained they propos~ to install e car wesh inaide an exi~tinq a~rvic~ atstion at Besch and Gincoln to provid• a lr~~ car aash ~ervic~ for theic custom~rs end ba.ically it doean'C cheng~ the conditionel uae p~rmit since it i~ an su~omotive type aecvice. He relerr~d to the recommendetio~ khat they alos~ kwo driveweys and notea thfy ~re not demoliehinq the stetion and eince it is exiatinq, it would be ditficult to keep a qood traffic llow with thoee drivewaye closed end it would be di!licult to get pcoducte delivered to the service atation because oE the way the tanMe wece inatelled. George Katone, manegec of th~ Lir~coln end Knott Car Waeh, stated he ie speaking foc all the car waeh opec~toce in this ereat that therR +~te AdeQUAt@ car waehing facilities for the peop:e who live in the area and he did not think offerinq e fr~e cer wash would -:p good fo~ thrir bueineea since buaineae ie not sucviving very well todey ~nd they don't feel this ahould be allowed. Robert Drdger, rsal eetate regreaentative for Shell 011, atated he reslly doee not want to get into a diecussion about the free enterprise s,ystem but that the other cAr washes ece providing full eervice car wash facilikiea and this will be something to very quickly clean the bulk of the dirt ofE the exterior of the car and that it wili be a fcee setvice to their customera who pu[chase gasoline. TH~ PUBLIC HEARING WAS CLOSBD. Commiaeioaer Herbet asked where the people would park their vehicles atter they have waehed them to dry the windows, etc. Mr. Drager staked that moat people will not do th~t, but they will provide a space on the lot, however, thet would make it more difficult if those dri~eways wece closed and pointed out nut every one of their cuatomers will avail themselves of thie aervice. .Tack White, 1-esiatant City Attorney, ceminded the Commiasion thet their deciaion is enticely one related to zoning and whether or not thie is an appropriate land use on this propecty and is governed by the criteria eet focth on Paqe 7-b, Paregreph 14 of the staff report and such factora as economice and whether oc not there ia a need for an additional aar waeh in thie vicinity shoulu not be coneidered. Commiasioner King ata~ed he likre the pcoject end aeked Paul Singec ta explain the reaaons for wanting the driveways cloeed. Paul Sinqer, Trdffic Engineer, stated he always feels that dciveways too close to interaections cause traffic hazarda and encourege reckleaa dciving. He stated he did meet with the Sheli 011 Company architect and thought they hsd worked out a compcomiae to close off one of the drivewaya at each location and in this particula~r project the drivewny on Beach would be cloaed. He responded to Commissione~ King that their office did not do en accideht report at this location. Jack White atated the l~gal queation ie whether the new propoaed use in itaelf will generate traffic or trafflc flowa that could zeeult ?n a detriment to the public welfare. MINt1Ta9~_ ANlIliEIM CITY PLAQININ(i COMMI88ION. M11Y 161 1983 83•294 Commi~eion~t Herbet ~tat~d th• uae will be edded in~ide an txi.~tin9 ~~rvic~ ~tetiont snd thati h~ did not think h~ had eny obiections to this u~• at this location. H~ noted th~ dtsign of stce~ta ia completely di!let~nt today and dlao the d~v~lopment stand,~cds tor a~cvice stiation eites er• dift~r~nt end this would not be pecmitted todey with th~ aciv~waye that cloee to the carner. He suggaated the pcnperty owner conAider claming those dciveaaye on their own fot the salety of their customers. Mc. Dc~ger etated they ere cuccently considecing eubmitting plana ta completelY rabuild that eit~ end khey are aware oE the Codea and will tske them into consideretion. He atated it they Mfre to close the two driveweya ag recommended, it would create en edveree traffic impa~ct. 11CTION: Commiaeioner King offered e motion, aeconded by Commiaeio~ec McBurney en- d hOTION CARRIBD (Cheirmen Pry and Commiosionece 8uehore and ~.s Claire abeent), that the 1-neheim City Planning Commission hae reviewed the proposal to permit A cer weah in a~n existing service etation on a rectengularly-sheped pdtcel of lend conaic~tiny of approximetgly 0.41 acre lbcated at the northweet carner of Lincoln Avenue and eeach Boulevard and furthec described aa 101 N. Beach Boulevard~ and doee hereDy appcove the Negative Declaration from the cequirement to prepace an environmantAl impact report on the basie that there would be no aignificant individual or cumulative adver8e environmentel impect due to the approval of this Negetive Decleratian since *.he 1-naheim Generel Plan deaigna~tes the aubject property for qenecal commercial land uaee commensurate with the proposnlt that no sensitive environmentel impacte are involved in the proposalt that the Initial Study eubmitted by the petitioner indicates no eignificant individual or cumuletive edvecse environmental impactsj and that the Negative Declaratian eubatentiating the focegoing findinge is on file in the City of 1-nahei~n Planning Department. Commisaioner King uffered Reaolution No. PC83-96 and moved foc its passage and adoption thet the Anaheim City Planning Commiseion does hereby grant Conditional Uee Permit No. 2440 subject to interdepartmental Committee recommenda~tiona, deleting Condition No. 3. On toll call, the fore~oiny resolution was passed by the following vote: AYES: SOUAS~ HERB&T~ KING~ MCBURNEY NOBS: NONE ABSENT; BUSHORE, FRY, LA CLAIRE Jack White, ~ssietant City ~-ttcrcney, preaented the written right to appeal the Planning Commiasion`s deci~eion within 22 days to the City Cou~cil. ITBM N0. S. EIR NBG]~TIVE DECL11Ra-TION AND CONDITIONAL USE PERMlIT N0. 2441 PUBLIC BE/-RING. OWNERS: SH~LL OIL COMP1-NY, P.O. Box 4848, Anaheim, CA 92803. AGENT: STAt~LEY LBE, 5300 Ocange 1-venue, #221, Cypress, C~- 90630. PtopertY deecribed as a rectangularl~•shaped parcel of land conaisting of appruximately 0.51 acre, 2100 3. Barbor Boulevard. 2b permit e cac wash in nn existing service station. MINtaT~~. l~i~!!R!1 ~ITY PI.ANNING COMNI88ION. MJ1Y 16. 1983 83-295 Th~c• wea no on• indicatinq th~ir pre,~~~c• in oppo~ition to ~ubi~ot c~qu~~t end elthough th~ atalE repor~ w~a not r~~d, it i• r~f~rc~d to and m~d~ a~ pa rt ot the minuL~~. Dicoata Lind~ey, repr~sentinq Shsll 011 Company, wao pr~~~nt to answec ~ny qu~,~tiona an~ ~xplained they could op~rat • with th• w~~t~rly driv~way on Orangethorp~ clo~ed, pointing out it ws~ reconnn~nded that two clriveweys b• cloe~d on thie pco~~ct as well as on the pravioua pro~eci. THE PUBLIC HEIIRING Wl-3 CLO$ED. Commisaioner Herbst aaked if the car wsah facility will be encloeed next t o the etreet, with Mr. Lind~ey ceplying they will encloae it o~ that aide. 7-CTION; Commisaioner King offered a moti on, ~econded b} Commisoionec M c9u r ney end OTION CARRIED (Cnsirman Fry and Comm iseianera Buahore and Le Clelre ab~ent), that the 1-nah~im City Planning Commisaion has reviewed the propos al to permit a ear war:h in en existing eerv i ce etation ~n e cectengulacly-shepa~d pa~rcel of la~nd coneiating ot Appcoximately 0.51 ecre loceted on the eouthea$t cocner of Orangewood 1-venue end Harbor Boulev~rd end lurther ~isecribod es 2100 S. Harbor Bouleverdt and does hereby eppr ove ',e Negativa Decleretion from the requirement to prepare en environm~!ntal im~ac~ ~eport on the baais thAC th~re would be no aignificant individual or cuutuletive advecee environmentdl impa ct due to the approval of thie Negative Declerekion eince the l-nahaim Generel Plan deeignates the subject property for general commerciel land uaee commeneurete with the propoeel? that nn g~neitive environmental impacts ar e involved in the pcopoaeli khat the Initia 1 Study submitted by the petition er indicates no significent individual or cum~lative adv~cae envircnmental impacts~ end that the Negative Decldration subeti ~ciating the foregoing findinge is on file in the City of Mehe i m Planning Department. Commiseionec King offpred Reaolution No. PC83••97 end moved foc ita pasaage and edoption that the 1-na~heim City Planning Cammiaeion doea hereby gcent Conditional Uae Pecmit Na. 2441 subject to the petitionec's atipulation to close the moet westerly driveway on Orangewood and to encloae the cAr wasn equipment on the aide next to the street, and aub)ect to Interdepartmental Committee recommendationa. On roll call, the foregoing reaolution was peased by the fo.llowing vote: AYES: BOUAS~ HERBST, KING, MC BUPNLY NOES: NONE 11QSENT: BUSHORE, FRY, LA CLAIPE ITEM N0. 9. BIR NEGATIVE DECLAR~-TION ]1ND CONDITZONJ~-L USE PBRMIT N0. 2~42 PUBLIC HE~RING. OWNERS: ROBERT F. MILLS, 1.600 W. Lincoln Avenue, J-nahei~u, Cl- 92801. ~-GLNT: ltEHDI SIADATJ-N, ~43 Promontoxy Drive Weat, Newport Beach, CA 92660. Property described ae a rectdnqu lerly-shaped parce.l of la~nd consi sting of approxia~ately 1.1 acre located at the ~outhemat cocner of La Pelma ~-venue and Mohican 1-venue. 1750 W. La Palma ~venue. To permit on-sele beer and wine in a proposed semi-enclosed reateurant i1INUTEB. 11N11HEIM CITY PLIWNINO _C_0l~IMI$SION,_ MAY_ 16~_ 1983 83-296 Th~r~ w~r~ ten peraona indic~tinq theic presence in oppooition to subject rpueat end altt~ouqh the stelE c~port waa not reod, it ie r~ferced to and mede e pect o! tha minut~e. Mehdi Siadaten, egent, et~eted they want to apen a high-cla~~e resteuranC which will eeat 150 people dnd they Kill heve 114 packing epac~s and will be op~n 7 deye a week for those houra aa in~icsted in the ateff repart. Ron 8chaubel, co-owner ot eetty's Inn, etated they ece egainat thia beceuse of the noise hnzard bnkh inaide and outeidet end they would have to keep their back door open which would ceuse e noise problem beceuee it facea eingle-story reafdences to the rear= end that they have hed noiee problems in :he past and do try to keep their beck door cloaedt thet if thie is appcoved, their parking will be taken away and accesa to the reac will be eliminatedi that opening the ceec door will leed to burg~acies and elso there will be no way to protecC cuatomers' vrhicles parked in the rear. He ~tated he had talked to tt~e Firc~ DepArtment end it seeme like this would create an emergency eccesa problem becau~e of the fence. Mr. Scheubel stated they have seating for 150 peo~le in their facility and have 9 employeee and h~ve a herd time keeping tt,at many employeea on the payroll and referred to the pro~osed resCaurant which pldna to have 40 employeea and stated that would take a high volume of r.uatomers, about 600 people por houc, to support that many ert~ployeea and thought that would create hig tr~ffic and no1s~ probleme. Mr. Schaubel stated they will have to hire a door man for their eatabliahment which will create an additionel h~rd8hip for thera. He stated normally a facilit}~ for a beec and wine license attracte undeeirable customers, such as bikers, and normally a high-class restaurent will have r cacktail license. He added the people in the neighborhood already have a noiae problem. Responding to Chairman Pro Tenpore Bouas, Mr. 5chaubel atated their parkinq will be reduced because there will not be any access to the cear without walking all tf~e way around. Ne stated thete is a driveway there now and they F.lan to fence the property. Responding to Commissioner Herbat, Dean .: erer stated the petitioner would need a conditiunal use permit evan if they ace not requesting a beer and wine license because the request ia for a semi-enaloaed restaurantj however, an enclosed restaurant could be built thece by right. He stated there is a 20-foot wide road easement recorded against the property on the south property line and thet easement will remain free and unencumbered for access purpoees to all the properties to the eaet Reeponding to Commiasioner Herbst concerning the losa of parking referred to, Dean Sherer explein~d this is a single use on a single property and he thought Mr. Schaubel's concern is that the easement will be closed which would eliminate scceas to their own outside p~rking, but that will not occur because that is ,~ recorded easement. Mr. Schaubel stat~d p~eviously anothec owner requested to fenee this propecty in and that was de~.ied by the City of ]hnsheim because of emergency access IN~T38, ~-N11~$_I_1!~ ~;TY _P~~Ki CCMM288Z011. M71Y 16. 1993 83-297 probl~m~ b~~su~e ehat do~s not allaw scc~~• to th~ r~ec ot bolh prop~cti.~~. H~ added thnr• at• ~Dout 40 unita h~c• snd it thia i~ c~mov ed, th~ce will not b~ •nouqh p~arkinq. Cheirman Pro Tempoce 8ouaa point~d out t he ac~e beinq discu e~~d io someo~~ •ls~'• prop~rty. Mr. Bchaubel •tated ~h~ir building i• located cigh~ on the property line end a fence would mak• it herd for their cua t omers to gtt in end out and alao it will create a noiee probl~m !or theit neiqhbota to the ceec. ChAirman Pro Tempore Bouss ~teted ehe d i d not think they w ill be eble to leave rhat reer door open becauae ot' the noiee end thet cuatomer s would iuot have to walk eround. Mr. schaubel stated it wi 1 1 be a h4rd~hip ~e ceuae they will heve to hir• somebody to wnrk the daor and wa tch the vehiclos i n the rear~ He etated theic cuatomecs have not been pa r king in the reac A nd park on aubject pcopecty. He eteted it waa origin~lly g rented with the dc iveway cleae~fied as part of the parkinq by the 1-BC eoacd. eruce Swi~ahelm, 1002 Mohawk, stated he was concerned ebo u t thoae people who do not want to pay foK valet parking and felt they will be parking in fcont of hie house and on atreete in the neighbo c hood. Louiae ~utnam, atated ehe owne one of the tri-plexea locnted directly in the redr of aubject properky and when the uMV wee located the r e, there uete at leaat lU to 15 timea when their Eence wa s hit and had to be cepaired end with the eaeement being left open, ahe waa concerned khat their grapestake fence would be vulnereble. Dean Sherer ataked the block we.il will be 20 feet from th~ re~t pcoperty line end thece will be an open elley between the elley and the r-ell. He at++ted khat is a road eaaoment and there could be some problema. Ma. Putnem indicateC concern about the vall and stated sh ~ Eelt something ahould be added to provide more protect ion. She explained the tenente in the e~pertments on Franci~ also wece concern~d about par.king, especially aince the ceataurant is to have 40 employees and they ace also conce rned thet the employeea will be parkinq on their str e~t. R. Walter steted when the DMV was lo~ated on aubject prop~r~y, people emptied their aehtraya and walked on the parkway dest:oying the f 1 ow~ra, etc. and they do not want a reoccucrence of thaL eituation. He atated quite frequently there fs a police helicopter in the erea and that ie beca uae of the environment. He pointed out there ~re two liquot storer~ around the corner on Euc11d and ~lso a bar which becks up to thie property and A restdurant acroas th~ atreet which sells beec and he thought ma~•be thie i$ ~ust over.loading the erea which doea cauee a problem. He s tated also thR penp 1 e are concerned about the parkinc,t eituation. George Donovan, 1746 Francis, atated Pr ancie Drive and Ca-therine Drive are the only acceseee to La Palmai Avenue and he wee concerned about trAffic on Francia Drive becau$e a lot of people use that ~s an access and t hat Le Palma haa become a epeedway and the Police Deper tment ia constantly monitoring that situation. He etated when the Dt4V was there, Prancia Drive got the overflow and he was concerned about the number o f employeea proposed foc thie uee. 8e MINUTEJRv, 11N11EIEIM CITY PL11~1NINa COMMI88ION_MAY 16, 1983 83-299 ~tat~d th~y hav s nois~ p~oblem now and thi~ c~~taucsnt wii~ b~ open untiil 12s00 midniqht. He atated th~re as• a lot of ~per~ments in th~ ar~a end he f~llt th• ErAtfic pcobl~m ehauld be c~r~tul~y coneid~red. He stateE he c~alizea th~ property ownet wanta to ua• his prop~rry, but khey were hoPing Eoc a bu~in~as thet would be open duriny r~gulac bueineas houca~ M. Thompao~ stated his beckyard is ageinst t'~e alley and wh~n the DMV wea th~ce he hed people throwing tresh inro his backyarE. H• ateted thare wae alao e trstfic problem and there ere a lot of apertmente in the aree. He statec! thera are enough bers and cafea in the eree. 3ten Malack, 932 Mohawk, etated he !a aaking the Pl.enning Corturtiaeion to drew the line on this type of uae in the ared because there ece et least 30 ditferent eating places !n thie area. He stated this ea~abliahment would cceate too much traffic and congeation and pointed out the atreeta in thie neighborhood are uaed by the children for playing end nobody objecte and d160 the property in questio~ ie ueed by the children for play. Mr. Siadatan atated he is aorry hie neighbore are getting upseti hawever, he did no~. think they underetand what he wenta to do. He eta~ted thia will be a very hiqh-clase, reasonably-pri,ced cestaurenk for today's economy. He atated the 40 employeea ere part-tima and also the valet perking will be controlled ~nd there will be 114 spaces end people usually arrive 4 or 5 i.n a vehicle. He atated he felt this reetsurent will help the bueinesa next door and will alao improve the area. Hp atated there will be no noise at night becauee they will juat aell beer and wine with the food. He etated he knows Lhere are e lot of restauranta in thie area and he doee not want hie neiqhbora to be upset becauae they will be hie customecs in the future~ fie steted he eeea evecy night that people froa~ thr neighbor's eatabliehment are perking on subject property and even if thie is not approved, that privilege w~ll be eliminated so it is just a temporary situation. THE PU$LIC HEl-ItING W~1S CLOSED. Jack White, ]-aeistant City ~ttocney, stated pert of the requir~d off-sireet perking apaces to be provided are indicated as tandem parking with valet services provided and the cecently adopted new parking ordina~nce does nok authocize tandem parking except in conjunctio~ with cesidential uaes so it will be necesaary to make approval contingent upon the subsequent approval of the variance to allow tendem packing. He auggested Condition No. 4 be reworded to provide that the approval of thia permit is expressly contingent upon the apptoval of the variance to permit tendem parking ae ahown on the submitted pldns and tt~at building permite be contingent upon approval of the vaciance. Commiasionec McBurney atdted ~no entertainment ie propoaed dnd with the block wall security will be much stronqer. He stated he underatands the concecna of the neighbors, but felt this uae would add to their eecurity. Dean Sberer, 1-ssociat~ Planner, responded to Commissioner Ring that Code requirea that overhead lighting be a maximum of 12 feet high down-directed away from adjoininq reaidential homes. NINUTEA. P-NA~~IM CITY~tLANl1IN0 COMMx88I0N. MAY 16, 1983 83-299 R~apondinq to Connnlasion~~ H~rb~t, Mr. Siadatan •xplaineC th~ op~ratinq haur~ for the patio would be lrom 6:00 tA 1Oz00 p.m. end th~ patto will hav• qlaa• around it, but it wili not h~v• a coof. H• noted th~ce will b~ no dAncing, e~c. He atated th• beec and wf~ne woulc! only bs a~rved with meali and added he wauld inst~ll a sign on the dooc to that effect. Commieeionec Herbat stated thsae neighbo~s hsv~ had A bAd eikuat~on becauae of the DMV and noted the City hed no cnntirol ov~r how th~t wAa done becauae the etate ia not aubject to City Codea. He atated if thia ia approved, however, the C~mmission will have some control end he thought 10 feet of landeceping around khe well would improve the aituation. He ateted there ace meny uses thet could go in without coming beFore the Commiesion whi.ch would be much woree and the only ceeson [or thie hearing ie that the petiti~n~r wanta ta have the eemi-encl~eed p~tio and will be aelling beer end wine and he did not think the propecty owner could be denied the right to uae the pcopecty to ite beet use. He atet~+d Planning Coannieaion haa no contcol over how many reetauranta there are in the area. 1-CTION: Commieeioner Herbst offered e motion, aeconded by CommiaeioneK King and MOTION C1IRRIED (Chaicman Pry and Commiasionera Bushore and La Cldire absentl, that the Aneheim City Planning Commiseion has reviewed the proposal to permit on-sale beer and wine in e propoeed semi-enclosed ceataurdnt on e rectengularly-ehaped parcel of ldnd coneisting of approximately 1.1 acres loceted et the southeast corner of La Pelma Avenue and Mohican J-venue and further deacribed 1750 W. La Pelma 1lvenues and doee hereby dppcove the Negetive Decldration from the requirement to prepare an environmental impact ceport on the basis thet there would be no significant individual or cumulative edvecse environmentel lmpack due to the epProvel of this Negetive Declaretion since the Anaheim General Plan designates the aubject property for generel commerciel lend useo comme~aurate with the propoealt that no srnaitive environmental impacte are involved in the propos~li that the Initial Study aubmitted by the petitioner indicetes no significant individual or cumulative adverae environmental impactat and that the Negative Declaration aubstantiaking the foregoinq findinga is on file in the City of 1-naheim Pla~nning Department. Commiesioner Herbst offered Reaolution No. PC83-98 and moved fot its paseage and adoption that the Anaheim City Planning does hereby qrant Conditional Use Permit No. 2442 aubject to the etipulated houre of operation Sunday through Thuraday 11:00 a.m. to 3:00 p.m. and 5:30 p.m. to 11:30 p.m. and Pciday and Saturday 11:30 a.m. to 3:00 p.m. and 5:30 p.m. to 12:00 midnight end patio houra of 6:00 to 10:00 p.m. and aubject to ineerdepartmental Committee recommendations including the reviaion to Condition No. 4 that approval to a variance sh~ll be requiced prior ta the issuance to building permits to permit the propased tandem parking apaces. On roll cell, the foregoing resolution waa pessed by the following vote; ~-YBS: BOUAS, HERBST~ KING~ MC BURNEY NOES: NONB 1-BSENT: SUS80RE, PRY~ I.11 CLI~IRE MINS1T68. 11N71ilQIM CITY PLJINNING COMMI88IQN`M, 11Y 16J~.983 83-300 Jaak Nhit~, Mai~tan~ City Aetorn~y, pcta~nt~d th~ wci~ten riqht to app~al eh• Planning Coaa~is~ion'~ d~ci~ion witihin 2Z days to th• City Councii. Commiation~r H~rbat pointed out to thos~ pr~sent in oppo~ition that thia re~taursnt will probably be one of the moAt r~aericteQ r~ateurants in town with th~ houcs ot op~ration as propo~ed with the valet pecki~ng ~nd lendtcaping And a block wsll. He atat~d he felk thi~ peti~io~er j~a~rves Che opportunity to pcave h• cen do buoin~a8 in a oatistecCory manner and if he doean't live up to the re~ttrictio~s, the neiyhbors ehould raport the dlecrepancfea to the City Planning Departmsnt and they will be teken cere of. RBCB88: 3;40 p.m. RECbNVBNE: 3s50 p.m. Commissionec Buahore arrived et 3:50 p.m. ITLhI N0. 10. EIR CATBQORICAG BX @4PTION-CGA38 11 AND YARIANCE Np. 3338 PUBGIC HEJ-RING. OWNERS: OX R01-D GL-N~R71L PJIRTNERSHIP, 1077 W. Ball Road, 1lnaheim, CA 92802. AGENT: 11GUIL71 SIGN CO., I8M71BL RODRIGUBZ, 3117 S. Helleday, sente Ma, CA 92705, Propecty deacribed ae en irregulerly-ahAped paccel of lend conaisting of epproximately 1.37 acre locntecl at thr northenst corner of &tll Road and Ox Road, 989 W. Bell Roed. Waivece of ineximum number of freeskanding signe and meximum sign height to permit three (3) freeetanding eigna. There wae no one indicating their pceaence in oppoaition to aubject cequeat and although the etaff report was not cead, it is referred to and made a part of the minutea. Mr. Rodriguez, agent, expl~ined they are requeating these eigns becauae of the heiqht of the building which is over the 25-foot limitation on the one side facing the freeway and alao there ia no identificetion eign et the entrence to the property off Ball Road end there is dn exiating eign for the Spaghetti Station. Dave Collins, Gsneral Partner for the owners, atated there is an ercor in the etaff report regarding the fcantage on Ox Road and stated when they ecquiced the property, the signs were allowed if they were 300 feet a~part end pointed out these efgns will be 30Q feet apart. He stated he wa$ concerned that e waiver was neceasary foc the third sign becauae it seems a freeway is a highwey and e fceeway ie the most impoctent sign expoeure. He atated the height of th~ sign is necessery becnuae of the height of the ovecpass and so it can be aeen northbound on the Santa 11na P:eeway. He stated they are asking for one foot leas than the neighboring Sheraton Hotel eign. He etated the only ~reeidential property ie 280 feet awey ecroas the freeway and thet project has no windows on that eide ao the eign would h~ve no impact mnd if it couls! be seen, only the edge cou1Q be seen rather than the fa~ce. -,,. Commiesioner eerbst clarified that thie has nothing to do with the height of the building and i~ the sign was 30L~ Feet awAy from the residencee ecroae the freewny, the varfance would not be necegsary. INUTE$~ ~NAB~~M CITY ?LANNING COMM28810N.;,MAY 16. 1983 83-301 It w~s noted ehe Planning Dir~ctor oc hia aurhorized repreeantAr.ive h~e determined that the propoaed pcoject falla within the definition of Categorical Bxemptiona, Cla~a 11, as defined in the State Environmental Zmp~ct Repoct Ouidellnea and ie, therrfaro, cetegorically exRmpt fcom the ~equirement to prepace en EIR. ACTION: Commieeioner Herbet off~~ed Resalution No. PC83-99 and moved for iCs paeeage a~d Adoptifln thet the Anahelm City Planning Commiseion doea hereby grant VAridnce No. 3338 on the baeis of the unusuel shape of sub~ect property and elso on the besie that the ctsidential propertiea ere loceted ecroas the frepway end the eign would have no visual impect on the cesidential homea and aub~ect to Interdepartmentel Committee tecommendationa. On coll call, the foregoing reaolution was pasaed by the following vote: ~YES: BOUAS, HUSHORE, HERBBT~ KING, MC HURNEY NOES; NONE ABS~NT: FRY, LN CLl-IRE ITEM N0. 11. EIR C1-T~GORICAL EXRMP'I'ION-CLASS 11 AND VARIANCE NO. 2824 (READVERTISED) PUBLIC H~ARING. O~1NER: JOHN E. WEBURG, 1360 E. Map.le, Glendale, CA 91205. Property described as a tectangularly-shaped parcel of land consiating of approximately 1.8 acceo, 1287 E. Lincoln Avenue. Waivera of maximum number of freestanding signs, permitted locdtion of freeatandinq signs and minimum distance tetween freeatanding aigns to retain two freeatanding aigns. There was no one indicat.ing tt~eir pcesence in oppoaition to aubject request and although the staff report was not read, it is referced tc and mede a pdct of the minutes. John Webucg, owner, explained this sit~ was isaued a variance in 1976, when there wa~s a Jack-in-the-eox leasing the property and since that time, the Jark-in-the-Box has relocated and he would like to have the words Jack-in-the-Box removed from the origin~l variance approvel. and replaced with the wnrd tenant. THE PUBLIC H~ARING WP-S CLOSBD. It was noted the Planning Director or hia authorized cepresentative has determined that the propoaed project falla Within the definition of Categorical Exemptions, Class 11, as defined in the State Environmental Impact Report Gufdelinee an~d is, therefore, categorically exempt from the requirement to prepare An EIR. ACTION: Commissionez King oEfered Resolution No. PC83-100 and moved for its passage and adoption that the Anaheim City Planning Commission doea hereby grant Vaciance No. 2824 on the basis of the location and size of the subject property and the location of the building relevant to the property boundariee MINUTE8iAN1-HQIM Cx~ ,PLANNINO CO,~IMISSION. M71Y 16. 1983 83-302 ~nd al~o on th~ ba~i• thd! tho si9n i• con~frvntive end attcactive snd i4 a r~aaonebl• h~iyht and ~ubject to Interdepar~:mental Committ~~ r~commsndstions. On roll call, th~ tot~goin9 r~oolution wa~ passed by the followinq vote: J1~'SS: BOU118~ BUSHORE, HBRBST, KING, MC BIJRNBY NOLB: NONL J198ENT: PRY, W1 CGAIRL ITEM N0. 12. RL'ORTS 11ND RECq+IMEND11TI0NS A. RECLAS$IPICATIQN NO. 78-79-25 AND CONDITIONIIL U3L' P6RMIT NO. 1935 - Requeat from George P. Mason, Jr., Th~ Guneton Hall Company, Inc. for cetroaativ~ extonaiona o! tim~ foc property conaiating of epproximately 14 acr~e located on the~ eaet aide of imperial Highwey, eppcoximetely 1650 feet s~uth of the centerline of Nohl R~nch Road. ~-CTI~~N: Commisaioner King offered e motion, aeconded by Commissioner McBurney and MOTION CARRIED (Commigaionere Pry end La Claite ebeent), that the l~ndheim City Planning Connnission doea hereby grant retroactive exteneiona of time for Recla~asification No. 78-')9-25 and Conditi.onal Uae Permit No. 1935 to expire on Jenuacy 29, 1984. B. CONDITIONJ-L U3E PERMIT N0. 1998 - Request from Kuo-Yu Wen, Genecal Partner for Ruetic Motel, for cetcoective exteneion of time for property located et 9.16 S. Beach Boulevnrd. C. ACTION: Commissioner Ring ofEered a motion, eeconded by Commiseioner McBurney and MOTION CARRIED (Commisaionera Fry and La Cleice abaent), that the 1-naheim City Planning Commioeion does hereby grAnt e retroectiv~ extenaion of time for Conditional Ilse Permit No. 1996 to expire on July 16, 1994. (Portion B) - Requeet for exteneions of time for propecty lecated at (Portion 1~) the eouthwest cornec of Bro~dway and 1-dama Stceets end (Portion B) located at the southeast cor~er of Broadway and Adams Streets. ACTION: Commiesioner Ki~g offered a motion, aeconded by Commisaioner McBUrney and lIOTION C1-RR1ED (Commisaioneca Fry and La Claire absent), that the 1lnaheim City Plenning Commieeion does heceby gr~nt a tao-year extenaion of time for V~riance No. 2349 to expire an 1-pril 17, 1985 and does elso gcant a two-year extension of time for Conditional Use Permit No. 1408 to expire nn Ma~- 28, 1985. t ~ r ) BiLL8011.RD8 IN ANl-NtIM • Th• stat! c~part to th~ Planninq Commi~iion dat~d D. M~y 16, 1983, notRd that the Planninq ateti ha~ undertaken a revi~w o billboard rt9~i~kions in th~ City. O! pacticular concocn i• th~ number o! billboardo permitt~d at act~rial int~r$uctiona, existing City billboacQ r~gulation~, pos~ible ~utur• plan• foc billboerd sdv~rtisinq on City-owned ptopecti~• and billboerds along lr~ewaY~~ It was not~d th~ r~port !s not int~nded to be a policy 9uid• on billboard cfqulations but ie memnt to examine anQ assea~ the paet~ present and lutuc~ tcenas ot billboecd advertisinq in tha City. Commissioner McButney atated he is eqainst changing eny of the cucrant regulationa !or billboarda. Commi.ssioner Herbat stated he is opposed to large billboacds; and the~ City Council hae granted e few which the Commission hed denied. He atated if tihe City ia g~ing to puC billbodrds on City-owned propecty along the FreewaY gor income, they need to chenge the City ordinancee so free entecpriae cnn have the eeme pcivilegeat that he is opposed to either one doing it, but if the City 18 goinq to do itr they should n~t have two atanda~d~htnitPwouldebenhacddtoldeny billboardaVto anyoneielsec appcovel and th 9 when the City h~e them on their oan properky. CommissionenA~~be°changedewith CommiesionecdMcBurneykaec ndinguthenmotion. ordinances Commie6ioner Herbet eteted he would like ro ectytwhichtdo~notnmeettthee City Council not put billboarde on City p P Code. Annika Saink~elahti sta-tsd thie cepoct will be going to City Council in 2 to 3 weeke nnd the Commiasion's comments will be given to tiie City Council. Jack White stated the correct motion would be to approve khe ataff report recommenda~tion and recAmmend to City Council no change to the existing outdoor advettieing atructure pcovisions of the Zoning Code ~+Sdei°ning inc~cporating Commission~r Herbat's suggestion thaL the City 9 program be in conformance with all City Codes witH~~BtatedethetCity could between pcivate or public signing requirements. have some legal difficulties to the extent that they arowneranbytgranting maintain a competitive sdvantage over private property aigna on City-owned property, yet denyi~g the same aiqning an privately owned pcoperty and Commiesion ehould be eware that eppli.cationa for Be atated public or private signs should be tredted in the sa~e mannec. recent court deine1eXSloited anditheeCityBShouldclooknatnitself in the lew which ie be 9 P same light as a private ptoperty ownec. Commissioner Hecbst stated the Commiesion never sees what the Council doea on City properky. ~ MIiNUT~B, At~AN3IM CITY PLANNING COMMI~$IAN. M~Y 16, 1A83 83-304_ Jeck Wh~t~ ~tat~d i! eh• City Council carri~s out tihe Attorn~y'a r~coaimend~tion, th• Coaunia~lon will be a~~ing p~cmita goc ~il •truceurei on City prop~rty. 11CTION: Commiaaion~r Bu~hor~ clarilied hi~ motion, •econded by Commis~ioner McBurn~y snd MOTION C11RRI6D (ChAicman RKy and Commi~~ioner La Cleir• ab~~nt), tha~ the 1-nuheim City Planning Comm~~aion doee hereby c~cotronR~d to th~ Citiy Council aqeinst ~ny change• to tihe cur~ent billbosrC c~gulation• snd Chet any bill.boards pleced on City-owned p~operty shell contorm to the cu~rsnt Code requir~ments. OTHBR DISCU88ION8: Annika SentalehCi referred to Coauniaoion's requeet for definition of asmi-ettached, attached and detAChed houeing in the condominium zoning snd stated otaff will be eliminating the term s~mi-attached from th~ ordinenae and defining detached end attached and explained that informetion will go to City Council in two or three weeka and explained Commiasior~ w~ll be qiven a copy. 1-DJOURt~F1eNT: Th~re being no furthar busineeo, Commissioner King offered e motion, eeconded by Commiasioner McBucney and MOTtON Cl-RR~BD (Conunissionera Fcy and La Claire abaent), that the meeting be adjourned. The meeting wae adjourned et 4:09 p.m. Reapectfully submitted, ~~- .~ %~~ Edith L. 8accia, 8acretary P,naheim City Planning Commia,eion ELH:lm