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Minutes-PC 1983/09/07;:~ , ~ :~ ; r RaCiULt+A MRRTING OP THE 1-N11bEIM CaTY PLIINNINO COMN288IQN RBGULAR MBBTING The c~gular m~eting of the Anah~tm City planninq Commisoion was ca11Qd to order by Chsirwom~~ Bouse et 10:00 ~.m., &eptomb~c 7, 1983, in ths Council ~hamber, a quorum b~ing prensnt end th~~ Cammission caviewed plene of the items on todey's agenda. RECESS: 11:3U a.m. RECqNVEN~: 1:32 p.m. PRESENT Chairwomen: Ho~as CammiSaioners: '~ hare, Fry, Herbet, King, ~a C],eire, McBurney ABSLNT Comtnie~ioners: None J-L50 PRESENT Annike Santalahti AseJ.etant Director for Zoning Jael Fick Aasi~tent Directoc for Planning Jack White t~eaiatant City Attorney Jdck Judd Civil Engineering Aasociate Dean Sherer Aseoci~te Planner Edith Harris Planning Commiasion Secretery APPROVAL OB MINUTES: Dean ~herer, Asenciate Planner, asked that the minutea of the August 22, 1983, meeting be corrected on Page 536, Action for Item 13-~-, sub-parngrdphe (a) and (b), changing khe etreet from erookhurst to Crescent Avenue. ACTION: Commissioner La Claire offered d motion~ seconded by Conunissioner Fry ~nd MOTION CARRIED thnt the mi~utes from the meeting of August 22, 1983, be approved as corcected on Page 536. ITEM NO. i. EIR NEGJITIVE UECLARATION AND C~NAITIONAL USE PERMIT N0. 2474 PUBLIC HEARING. QWNERS: ORANGB COUN':Y WATER DISTRICT~ P.O. Box 8300~ Fountain '/alley, CA 92708. AGENT: gLl-IR PAVING, INC., 4071 E. La Palma l~venue, Suite B, Anaheim, CA 92807. Property deecribed es an frregulacly-shaped parcel of land conaisting of approximately 4.3 acres located at 1101 Richfield Road. To permit a portable aephalt concrete plant in the RS-1--43,000(SC)(FP> Zone. Continued fcom Ju1y 25, ar~d August 22, 1983. There were appcoxima~tely twenty-five pereons indicating their presence i~ oppoeition to aubject re.~quesk and although the staff ceport wes not read, it is cef~rred to an:: made a part of the minutea. Ben DAy, agent, explained a tra-ffic study ha~s been prepered by Weaton Pri~gle and Assxiates and a noise etudy hae been prepeted by J. J. Vt-n Houtont that they heve thoroughly reviewed the findings and recommen~ations of tho8e reports and are willing to strictly comply with the recommendationa. He atated as of August 29th they completed the total inatellation af ths noise barrier eround the end of Che plant to significently reduce the noise of the 83-538 9/7/83 MINUTBB. Ai+AHBIM__CITY PI.ANNING COMMI88ION 83-539 opetakion o! ~he p~a~t, end also as o! ~uguat 29th th~Y inatalled ~oiee suppression equipment on the plAnt itaelf to help reduca the noiae. He stated prior to ~ugust 29th they did cun some long houre end work one nigh~ without the nolae auppceaeion equipment. Mr. Dey atated in the earl.+ stag~s of developmenk there were some pcobleme thst had to be reaolved e~d they did hAVe some minoc equipment ~roblema, but heve mede meny neaeesary impcovemente And will be meking m4ny more. Weston Pcingle, Tr~ffic Eng!neer, 2651 B. Chapman, Pullecton, stated thia operetion wuuld generate appcoximately 280 daily truck trip~ ~nd 15 employee trips pec dayl thet the truck tripe would be equally eplit between Gakeview and Tuatint that they will utilize the levee ecceas coed and deliveriea to the site would generelly come in from Lakeview ofE the 91 Fceewey and out-going metecials would be to the weet under the Rivereide Freeway onto Tuetin AvenuA at the interchange ~rea. He ateted thece will be very little trafEic on the local streets and the truck tripa will be epread uniformly ovec the day from 6:00 e.m. to 5:00 p.m. He atated obviously khis ia not a lACge volume oE traffic and they will be utilizing artecial streets designed for this type traffic. Mc. Pringle stated rhe intersection of Ftichfield and Tustin ia not currently developed which createe a si.t~ ,.~roblem and beaause of thet they feel truck tcaffic going out Richfield should only make cighc turna. He ntated they have recommendcd the levee toad ahould be mainteined as the prim~cy ingreae and egreos. John Van Houton Rtated hie office ~s in Anaheim and that he is a regietetec9 professional engineer. He stated tt~~y di~: take aeveral noise measurementa net~c khia t~spha~lt plant, right on the ic~~e eoad edjacent to the southern boundary end alao at the nearest cesidentiil locar.ion to the Routh acrosa the Santa Ana Rivect that they started their w~~rk on August lst and mede meaauxements at both of these locationa anc obaerved the noiee and activities of the plant at the reaidential location. 9e atdted there was 24-hour meaeurement on a number of occasions be~wee~ 1-uguat let and J-uguek 29th, and during that time el<~ir Paving was taking me,~sures to teduce the noise by putting up a barciec and inatalling a noise suppressor. H~ atated when they first took the measucementa from the resident~w~ location on August lst, the noise level wae clearly in excPss of the Orange Co~nty noise standards of 55 dbs during the day and 50 dbs during the night~ however, the l~st measurement on Auguat 29th indicated that the noise had been reduced to the ambient noiae levels, which would be the backgcound noiae assnciated with the fceeway, which is a good diatance away, and general activities in the acee which ere pretty minor. He stated they made three recommendatio~a which 81aic Paving has actually completed or ia in the process of doing and those recomm~ndetiona were: ~1) the hours of operation should be ~imited to 6:00 a.m. to 8:00 p.m. with no operation permitted on a Sunday, (2) thak the noise barrier ~~laced around the burner should be maintained in its pces~at condition end location and (3) that the manufacturer of the proto-type silencec ahould continue to improve its effectivenesa. Mr. Uey presentPd several slides of the ectual plant and also a model of the ple:t showing the barrier and silencec, Thr~ slides showed the general area including the resi3ential homes and the rock crushing operation on prcperty adjacent to thie property and the etockpiles of materiala for this operntion. 9/7/83 83-540 MINU~RS 1-N)1HBIM CITY PLl1NNING COMMISSION Ken K~ccy, 1371 ~. Alderdale, RtAtfd hio home is ~uat acrose the civer from Blaic Paving and he hee besn e reeident in 1-naheim for tour y~arat that he is not aqeinot Mc. Dey, Bleic Psviny, or hia operation end woul~ like to see him be pcoaperoua ar~'. aucceasful and be able to wotk long hourst but that they would like for him to do that in eome other location. He ateted the noise hae been loud since he has been in opecation and l~rgely Lhe noiee hee been com.ing fcom the blaet fucnace, but ther are ~ lot of other noiees and the tcucks Are not quiet and do eound their -rne and he hae been Awakened on a number of occasiona since hie bedcoom ;~~ in the reac of the houae. He edded he auapects there are othe[ pollutanta _hen just noise and preaented eome reporta fot the Commisaion to cead which 'ave to do with noise and pollution. Mr. Kerry etated he mo•~~d to thia locatinn becruse he thought it wes Laitly quiet and beceuse it tacks right up to the Santa AnA River and bikc idntlofnd the freeway noiaea are not reelly noticeable. He etated putting a p Kerry referced thie neture fnto their neighborhood ia really the issue. Mr. to the etaff repor~, Pareqraph 19, regardir~• complaints received from property ownece on Richfield Road near La Pelme Avenue and p~inted out the report does not me~tion theic reaidential area which is dicACtly to the south, ap~coximately 1,000 Feet fcom the plant. He steted there are no proteetive barciera other than the one erected by the petftioner betw~en them and the plant becaus~ it is just across a flat civerbed and the noise is not just with the plant itself, but from Che tcucka, the public addresa system, etc. He stated complainte from theic area ahould be in the reco[d. Mr. Kerry st+~ted they felt the location of their house was pco~,ably the best way to get faitly close to nature because of the animel, fowl and plant life like thia in tt~at area, of the riverbed and they felt tcying to put a plant takes away all those at~ributes. He staked they can hear the noiBHeistated he their house and it is imposaible to er-tertr~in outside the house. was not sure that aince the noiae auppresaions had only been completed on August 29th, that ft ht+s been proven they will be able to auppreas the noise, and that they wauld iike for the Commiasion to cunsidec this very aeriously. He pointed out they have a11 come to the meeting to show theic auppott against thie pcoject. Kevin Lucas, 4305 Aldecda]e, ~otated for every pecson pcesenti indicating thefc opposition, tl~ece are 4 or 5 athers wha could not attend the meeting and ther~ is much suppoct on theic sidE: against the problem. He stated he is a registered cespicatory the~api.st and works at Kaiser-Canyon Genecal Hoepital which is very close to his horne. He referred to the erticles presented to t'.~e Commission for their review regarding pollution, especially sulphur dioxide bnd its effecta, especia:ly to people who are exercising and pointed out thie plant is fairly close to the bike tcail where a lot ~f people do exercis~, He stated he has a pool in his backyard and he has noticed a film of a black subetance on his paol since thie plant has been in operation. He read f om the~ medical acticles preRented. (Copies requested by Secretary from Mr. Lucas for file.) Robert Thompson, 4408 E. Bluewater Circle, Anaheim, etated his residence is probably further away than anyone else's and if anyone was to be able to hear the traffic noise, it would be him, but he does not hear traffic noise and does hear the noi~~ ~m BY~+ir Pevin. continuaermits,iebecause they havebbeenry concecned puttin~ ., in Mr. Day regarding p 9/7/83 \. ,C t MINUT~B, ANAN~IM CITY P(.ANNING CC)MMI3820N 83-5~1 violated several times, by Mc. Day'a own admiaaion thak t.hey heve operated et night. Mr. Thompson referred to the article cegecding medical problams cauaed by the pollutentg and expleinad his wite haa sathme which is eggr~vated by thi8 plant. He etaked the bihe trail wae planned iM its prea~ent location for the enjoyment of evecyona and this plant i.s becoming an eyesoce which deFcats the purpaae of the whole idea and the toxicants in the air completely destroy th• ~ffect. He atated the map prepered ~y the petitioner completely eliminates their whale area. He steted this type p1Ant ie obviou~ly needed, but he felt it ahould be moved to a moce suitable locetion. He retdrKed to the comments that the plent will be oPereting from 6:00 a.m. to 5:00 p.m. and eteted they ece eontinually opecakiny paet thet t~me and even during thoae haura it is intolerahle. Cerolyn Baina stated it was from her home thet quite a few of the measuremcnts were madet that she hes tried to be open and wait until tt~ey had all the eound barriera in befoce deciding whethec or not shp wanted elair Paving theret however, ahe has decided that she doea not w~nk them there. She read a letter from Mr. and Mra. Parks, 4350 E. Alderdele and al:~o a letter from her e~n her huaband. Copiea of letters are on file in the Plnnning Department. Mactin Baina state~ they live directly acrosa from this plant, appcoximately 600 feet away. He etated the S~uth Coast Air puality Management District permit indicates thie plant must not burn m~re than 3,740 gallons of fuel az oil per day ~r not over 5,3a6 gallons of propane per day which is a lot of fuelt that they procesa ove[ 3,000 tona per day and they sre sbout 600 or 7Q0 feet away with no protection. He stated the Tcaffi~ Engineer hea indicated there will be 280 tcuck tripa per day and if the~ are worki.ng 11 houra per day, between 6;00 a.m. an~ 5:00 p.m., that is approximately 25-1/Z truck tri~e pec hour or one every two o[ three minutes and he thought that would be a lot of traffic. He stated the last two days a visitor at his home has bee~ awakened by the noise. He stated property values ahould be coneideted and there is no doubt that with this plant, property values will be decr.:ased and thece ia a precedent for thfs which is Hubect vecsus PorCland Cement. Debca Lucas, 4365 1-l~lerd~le, skated the neiqhbochood u9sd tn be quiett however, on several occasions aince Blait Paving has gone into ogeration, her entice family Fas been ewakened duriny the nighk by very louc: cumbling and noises directly associated with Blair Paving and khat _hey have had to call the police so they could get ~ack to sleep. She exptainrd what ~ typical day would be like for her family with the noises, odora f:om tar, sulphur, etc. bl~ck soot on the swimming pool, irritation ta the eyes, throat, etc. and urged the Commission to have Blair Paving movs thefr portable asphalt plant to an area where they would not disturb anyone's life. She pointed out a petttion was previously submitted with over 300 siqnatures people who want elair Paving out of thefr lives. Mrs. Philippi, 4353 Alderdale, atated she and her husband moved to this acea because Anaheim has a reputation for very high atandards and quality living end that they are proud of their neighborhood. She stated duting the las~ two years a beaukiful new park, a new fire atation, a refurbished Kaiser Hospital and a recently completed medical complex adjacent Co the hospital :zave been added ar.9 that the homea are well kept. She stated the entite City is something to be proud of with ~he redeveloped do~+ntown, t':e Angela, the 9/7/83 MINUT~S. ~NAHBIM CITY PLJ-NNING CO~Irt~I~8I0N ~,~ 83-512 proposed ~-mtcek Stetion, ekc. and stated they ere not aqainst growth. 8he referred to induetriee in the area end ot~ted moet of those bueineea apent milliona of dollare to constcuct c~ermanent buildiaga and provide landecaping end cont.cibute to the cevenue of the City. Sha esked why they need to heve a bueinesa in their beckyard which will offc~ nothing but e amall amount of revenue, pointing out they will not be building a permanent building andl wi11 not provide landacaping and not even be required to peve or improve eny rodde ]ea~~ing to the site. She steted they underetend that the buc~inese muat remein pcrtable because of the high danger of flood in that area and ata~ted ahe wauld v~enture to say there ls no poesible way thet elair P,:ving would be able to movR out af the erea~ in cese oE a flood end thought thousanda of gellona of fuel, chemical3 and caw materielr, could waoh into the Santa Ana Rivec and endanger all of Anaheim. She stated deily the mountains of raw materials ~row end they a[e building a levee which would cause more flooding thcough their neighborhood. Sho stated if they ace ellowed to remAin, they will be running 280 truckloada in and out of that eite per day and noted they have seen LLrst-hand the damage that can be done to the streete by theae trucka becauae theic buaineas is loceted on Chapman Avenue in Orange and the 18-wheel trucks from Conrocks have deezcoyed the r~ada and caused accidents. Ma. Philippi stated the traffic report indicatea they will be using Lakeview, Tustin and La Pelma A~enue, but their tr~~~~ks are often seen on Riverdale which is the main access to the:r ceaidentisl a•~a and as of Monday morning t~~~ce will be 370 small children croasing Riverdale in the path of 16-wheel trucke going to achool and she did nol• think an 18-wheel truck loaded, traveling 45 to 50 miles Per hour, could avoid a collision with a small child or group of children. She atated a~ thig ~~oint, they fear for their childte::'R lives, not only through lung damage from dangerous chemicels, but fcom truck traffic hazarda. Ms. Philippi stated Mr. DAy had admitted to her that on tw~~ diffecent occasions an employee had turned the burner up too high cauaing all the windows in thei~ homes to rattle foc half an hour until 6:~0 a.m. when someone called him to tell him what to do and asked if ot~~er empluyees would be handling chemicals oc doinq jobs they did not know about and as~e~i if a too high flame in a wrong area could cause an explosian which would add to tha hazards. She stated the view is about as eppealing as a landfill= that they burn almost 5,000 qallons of fuel dail.y causing dangerous anisslons which the,y have been cited for by the SCAQMD~ that the trucks endanger their li~~es; that the noise is very unsettJing: thar. th~ lack af slEe~ is R:/ERtJ~lly C~Olf1g to take its tollj thet they arE hear.ing four 15-horeepower :notors, a 10-hoc~epower asphr+lt pumpl $.75 horsepower bucn~~rt a 15-horsepower blower, a 7.5-horaepower belt feedert a 30-horsepower bucket elevato[; a 30~kilowatt electric heatert a 2-hocaopowcr air-lock, ve:n feeder with a l.-hor~~Ppower blower, thxee 3-horsepower screw conv~,ora, a 5-horsepower dust combining ecreen, a 40-haraepower afr compceas . aad a 125-horaepowP~ blower thet spins thz drum mixec. Ma. Philippi s~ated that they .annot utilize their backyards or pools with the present operation and pointed out the peCitioner is asking for an expansion and this wou.'.d aftect their property values and thetr health and well-being even more. She stated they are asking that Blair Paving be denied their pErmit and they should be required to move out of the area since tiheir unit is supposed to be portable and it should not be difficult to locate another piece of property more auitable for this type of bueinesa. 9/7/83 ~; MiNUTES_. AN~HEiM ~iTY PLANNING COMMiS8i0N 83-543 James Lowaon stated he liveo on the !ac eest end of ~lderdale which ie probebly one~qu~rter mile away from rhe claeest houee of people complaining. He peaoed out a copy of hia oppoaition commenta. He eteted he, like moet paople who bought homee elong ths rivecbed trail, wece easuced by the developec in 197~ th~t the riverbed treil dnd greenbelt would be developed end the Aand and gravel opecation would be cequired to vacete end that now, diter 13 ye~rs thoy heve left tha eite, but t~king their plACe is Bl~ic Paving which has Lhe potential to cceete more problemat thet tceneportation ar.d atorage of chemicele credtea a pcobability of epillage for leter ground weter pollutiont thek trenspoctetion ~nd atorage of fuel hea cat~atrophi~ •~~~~"ent potentialt that the rPmoval of any weste producke would have to ed outt thet transportetion, stockpiling and re-distribution of raw •sed materiel~ cceetes e constant dust pcoblemt that consta~t diecherge into the air makes any air they breath moce polluted probably cauaing lung or health problema laCer on with curtent pcoblRma for children, senior citizens or pregnant women= that tl~cce have been many complaints ta the SCAQMD cegarding thia operetiont that constant noiae problems include but ar~ ~~~~ limited to roars, rumblea, clatter and general racket, not ~nly Ecom the plent itaelf, but from all -.he aupporting trucke and other heavy equipment operating to keep the plant running. Hp atgted this persistent ~nd intenae noiae qenecating fcom tt~is operation is of such intensity that it is virtually impossible ko have any windowa open until the plant shuts down and o~tdooc activities aannot be puraued while they eze cunning due ta the obnoxious odors. He stated the money spent for City secvices to investigate and coccect problems or eppease their complaints would be excesaive, noting that there have been numerous complaints to the Police Department already concerning this opecation and that thece will be traffic problems caused b~~ the t•ru~ks becduse of left hand turna inta and out of the riverbed area. He staLed the intent of the Zoning Ordinances is to insure and attract a nuisance-fr4e environment and preserve ~roperty values and this asphalt refinecy is not ~ttcactive and is deFinitely a nuisance and will assuredly decline Fcoperty value and for those reasons he would ucge the Commission to deny the cequest. Agatha Kerry referred to a letter dated A~igust 31 cegarding a lack of consideration and respect they have received as homeowne~s in relationship to this plant which is located about 1,000 feet frcm their homes. She stated 1,000 feet may not seem close, but they feel it is too close to their residenkial area; that the,y have suffered from air pollution and high levels of noiae during all hours of the day from ~:00 a.m. to 3:00 a.m. including weekendat that 9 neignbors signed a complaint on August 26th about pollution and thak Mr. Heney, the engineec who filed the complaint with SCAQMD, stated Blair Paving had been cited on August 25th (the day before) for smake emission, but they could not get a capy of that citation until it has gonp to couctt that there is a petition on fi~e in the Planning Department with over 300 signatures and asked why thak was ignored. She s~ated ~hey aent out 100 fl,~ra on August 21st notifying concerned citizens in the area of the heering set for August 22nd and they called the Planning Department Office to verify the time and date at 10:00 e.m. on August 22nd and was told the meeting was not cancelledt that they came to the Auguet 22nd meeting with neighbors and were told at the meeting that the matter would be continued untfl September 7th becauae Mr. Day needed more time to justify hia operations that nathing has been done for the homeownere in the area and ik has been over 2 monthas that Mr. Day called her expreasing his concern regarding the problems he 9/7/83 83-544 MINUT~S AN H~IM CITY Pi.ANNING COMMISSION -- - created Lor th~ic reaidRntisl srea by telling har he 18 putting in aound b~rciecs to prev~nt exceseive noiee end indicerad he underatcod her taelings regarding thd heslth of her child and that ah~ had tnld him th~t he could not underetend hec feelin9a b~cauee he does not live in the erea end i~ not pollutin9 his children'e eir with tar vepore or chemicele that h~rt the eyas And noatrile and he aontinuoualytfromheaclyimorning until~late~etinightteandve noiae which goea on thAt he euntinued to opecete at full produc:tion dur~ng the week when e wae cited for pollution which resulted in more compleints due to mote pollution on Auguet 26= thet Mr. Day did not etop full production to alleviate the ceaidentidl rrea of a noiae he created when he knew he needed to inatall ailencece and that heecannotcsto~cduettthetptilowsnovet$theeciverbed~~ndtcucka dnd bulldozers and affecte theic health. Ma. Kerry stated ehe undecstands thece was n reading between 5;00 and 7:00 p.m. on Au~ust 29th and Mt. Day was present and at thdt time thedidWheac~the howevec- they trucks or bulldozera moving with exceasive noise; noiae the ne~temo ~ice at 7u308a.mOtandninsiatedithey document~theinc~omplnint. khey called h p Ma. Kerry stated they pucchased their home becauae it backed up to the bike trail and n~t a pollution factory invading their evecy waking and working mamenti that she ia conce[ned about her two-year ol.d daughter and will not tolerate anymore of Mr. Day's abusESt that hie actione t.~ve epoken louder than his ~~ordas that on September 6th (yesterday) ehe and her husband hRard the Blair Paving trucks, bulldozers and other machinea before 5 ~'clock in the morning and it e^ems his concern is obviously short-lived and asked how long ik will be before Mr. Day forgeta he is opeGe~ting in a flood zone with storage of chemicals. She stated thie is a portable plant and if it is too difficult for him to move now, then it shnuld not oe allowed in a flood zone to begin with. Karen Schomer, 4421 E. Bluewater Circle, referred to a letter she sent to the Commisaionerst how~ever, ahe would like to point out that the petitionec is not operating uhder morningwandihashheardathetnoisehafter 5e00dptmemandeittdoes before 6 in the become very much a nuieance. Jack WhiGe, nssiatant City Att:orney• pointed out thP Commissionecs did receive several letters in opposition and thosp lettera are available for the petitioner to review if he so desirea. " Mr. Day etated they really have impcoved the traffic flow and reduced the ' noise since the beginning of their productiont that the decibet level in the ~ backyards of the homes on Alderdale prior to the noiae suppreasion measures ~z was about 59 decibels and after the installation, it was lowered to about 52 or 53 decibels which is a slgn~ficant reduction and stated the ambient level ie about 50 decibels. He stated prior to August Z9th they did run the plant at night and extremely long hours trying to teat the plant to see what naise He stated since August 29th they have not ~ levels they would be creating• started before 6:00 a•m• Sf~thevSound Eagineer.p$He stated•they did$n theven , S wece the recomraendations o 9/7/83 ~ ~ Y. ~ ~ MINUTES, AN1-H6IM CI„ TY PLIINNING :OMMiS8I0N 83-545 operake the ~nt on the 6th (yeaterdey), however, tl~e neighbor to the eest wm~ operetiny hie pl«nt. Regarding the SCAQMD situstion, ha etated they did heve a maltunction on one occaeion end there wse eome •blue smake• emigeiona end he callod in a breakdown to the SCAQMD and aeked far time to get the probl.em resc?ved nnd there wae some pollution et that time. He atnted thece wae ~n air qualicy expect at the previous hearing who testified how stcingent the South Coeet Air Quality Menegement Dietrict cequir3mente ere and they are probwbly one o: the tougheat in the country and moet pacticulerly on aulphur oxide. He explAined when bucntng propane, there is abeolutely no aulphuK oxi~le emiea+~ns cnd with diesel fuel, under hie pecmit, the r.equirement is that he only buy fuel thAt conteins lese than 1/4 of li of sulphut. He expleined t~e ha$ not burnFd diesel aince July 14th and .040 greins total emi.ssion is all that is permitted which is leae then 150 pounds totel fac the whole deyi that the air qu,~lity febric fi.lter eyetem on their plent cost ovec 1/4 million dollAra a~nd the plant will pollute leas than 100th of what the traffic on the freeway would pnllute. He etated he has agreed and ie more than willing to do whatever ia required and will reatrict his hours of oFeration to days on.ly, even though it will restrict his busineas not being able to do freeway work at night. He stated the residents at the closest point are about 1200 feet eway and when those houses wece built in 1971, there wae a rock crushing plant on this property and it has ~ince left beceuse the e~urce of materiel was compl.etely dug out end this is an area which permits thi8 type of uae. He atated since Auguet 29th he has tried to operate within the limits he ia requesting and stated the truck trips given are a maximum and they have only qotten to 800 on a couple of occasions and an an average day, there ia approximately 50 loada out and 50 loads in and on some days, as little aa ten and t!~e plant haa not been runniny et all in the last two days, but the average would be 1500 or 1600 tona of total product procluced with 2 gallons of Fuel pet ton being used or about 3,000 g~llona per day. THE PUBLIC HEARING WAS CLOSED. Commiseioner Hetbst stated accocding to the existing permit, the hAUre of opecation were to be from 6:00 a.m to 5:00 p.m. and asked why he had exceeded those houra without appcoval. Mr. Day atated he had talked to ataff about running his plant so he could test to see if he could run at night and explained he only ran the plent one night. Commissioner Herbst stated the neighbore ace being awakened at night and it sounds like the petitioner has been operating past 5:00 until rather late into the night, many nights. Mr. Day stated they have ~een operating until 7:00 or 8:00 and on occasion until 9:00 p.m. Commissionet Hecbst ceferred to the black tarry aubstance the neighbara hbve referred to in their pools, with Mr. Day replying that had no~ been verified by the SCAQMD and they have been out to check it. Commiesioner Le Claice stated ahe wae out to one of these hor~es and saw the black depoaite and cannot understand where they came from. Mr. Day stated he has never heard of this happening and would be surprised if they are cceating the problem. 9/7/83 INUTB$. ANAHBIM CITY PLANNING COMMI88I~N, _ 83-546 Commi~sionec Nacbst htst~d originally thie ua~ wae ko b~ e emelt operation and it app~acq that ehe petition~r has oxcaeuod the permit dce~tically. He stated in n~eny cases, conditional usea ace all right providing thay do ndret~eck the haalth end welfece of the n~ighboce and tt~et ~hia us• is ellowed in thi8 zone only by e conditional use ,~~cmit end tha resec~ for a conditionel use pecmit is to cequica e public heACing to ceceive the neceeeacy information. He stated it appesce this operetion ie effecting the health And welfece oE this neighbochood end unlesa eome protectlon can be provided From the dieael tcuck, he could not vote foc this reyuevt end wou]d egree thet the operation ahould be moved. Mc. Day stated he did not requeat the originel permit, and the firat time he cAme before the Comm~esic;n waa to reyueet a cha~ge Erom the porteble conccete batching plant to a portable eaphalt plant end the increese in the number of truck Lripa to approximetely 48 loadat and at thet time hia interpretation of the loada was the finiahed pcoduct a~~u that wAS what he thought he would need to ehip out of thet plent per day and th~re may have been a mietake becauae there is Alao the incoming matPrial which will automatic~lly double the numbe[s and that in two weska after khe plant was in oper~tion, he Aaw the potentiai of needing some additional trucka and wrote a letter ta etdff requeeting 70 loada exiting the plant E~r day. He ateted cight now they average 20 or 30 or eometime 5~ loads exiting and he has not exceeded the pecmit level. He etated as far as the houra of opecetion, eome mistakes have been made by hia p~srsonnel, but he has coccected thet problem And will continue to enforce~ the houra and stri~tly adhere to the conditiona of the permits end that the numbec of loads going aut is not any moce th~n originally agreed to. Commissioner La Claice atated the original eatimate was different to the Planning ~ommissionr a~d that 289 ttips per day is quite diffe~ent than 48 per dey. She stated the Commission did have concerns when this was orig~nelly approved dnd that ia one of the ceasons the permit wae limited to one yeer= and the Commission tt~ought it wUUld be a amell batching operationt however, it has not turned out that way and th~t ahe wants to see thie bueinese succeed, but that it ie creating too much of a hardship on the neighbors. She clarified that the original permit is not before the Planning Commission today. She state~ she carefully reviewed the sound and traffic reports and was out to the area across fcom the site and realized ahe would be very upset if ahe lived there and stated these people had a nice quiet area, buk now it ia very noisy. Commissioner La Claire referred to Paragraph 25 pertaining to the findi:~gs of fact required because of the flood plain overlay zone and stated when this permit was originally approved, the commisaion did not have any infocmation about this matter and did not know this finding was required, but she could not vote foc approval of the negative declaration because she did not knaw about the ef~ect on the edjaining land uses. Commiasioner La Claire stated anothec finding of fact is that the propo3ed uae will not adversely affect the adjoining land uses and growth and development in the area ~here it is proposed to be loceted and ehe felt this situation is already affecting the homeownecs in the area. 5he stated ehe understands the petftioner's position and aympathizes with him, but felt he has brought moet 9/7/83 IN~TBB~ ANAH6IM CITX PLANNING COMMI~&ION 83-547 oi hio problema on himaalt becauae kh~ Commission votod on on~ thing end told him it would b~ on a ons-yesc trial besie with 48 tcuck loade pec d~y and tliat isn't enywh~re nAar the eams ~i.cture •~ what i~ qoing on now end that tihere ace cancerns and queationa about aic pollution and other ~sctora. Mc. Udy etated on~ laad o! ~iniahed product c~eaC~,~ 1 truck trip~i howev~c, they ace on~y cceat+~g approximetely 60 loade of ~iniahed producC end the original aetimete waa for 48 loado of tiniahed product. ~ommisaioner [~ry atated if he had know~ that the one load of tiniehed product meane fouc othe[ tripe, ha would not hsve voked for the permit in the first place. Commieaionet Hecbat etated Planning Commieaionecs ace lend plennere and do know whaC tripa per day means and when eomeone aays there will he 48 tripa per dny, the Commisaion knows whet they ere talking about. lir. Day ata:ad he misunderatood that eituation. Commisaioner La Claire ateted she wlahed thie operation could be succeasful without being a herdehfp on the neighboca, but she could not vote for approvnl of thie pro~ect. Commiaeioner Bushore stated the petitioner ia actu~lly operating under Conditional Uae Permit No. 2207 and the concrete batching plant is actuelly no longec there and on March 7th the Commission granted the petltioner pecmiasion to change the uae for one year and asked whether or not the one year would be meaaured Erom the beginning of the original CUP No. 2207. Dean Sherer, ~saociate Plennec, ateted CUP 2207 was grant~d foc one yea~r in 1981 in con junction with a poctable concrete batch plant and subaequent ko that, the petitionec requested an amendment to permit inc reasing the number of truck loads pec day and changir~g the natuce of the use to a portnble asphelt plant and it wns gr~nted for e one-year period. Commiesioner Buehore asked about CUP 2113 on the property to the east and a8ked if that concrete recycling ie still going on. Mr. Day atated that is on the adjecent property and it difEers fcom the asphalt plant in that concrete is ectuelly recycled by breaking it up and crushing it. He stated their trucks are coming and going all day long and explained nothing is melted ia theic operation nnd there ie no heat process at all. Commiaeionec Buehore asked if it ie posaible that aome of the noise could be coming From the operation of the adjacent property. llr. Day replied there ia no way to tell the difference. He explained theirs is a cruehing operation. He aeked if changing the houra of operation would make hia operation more amenable to the neighbora, pointing out he has boen in theic bac;kyards and there ie a small amount of noise. Commisaioner La Claire stated ehe was in the AC@d on Saturdey and she had received a phone call about 8:15 e.w-. and when she acrived +~bout 9:40 a.m., the plant had been shut down, but the~~: ~res a lot of truckat thdt sbe w~s fn 9/7/83 ._4 ry ~ i S ~ Y ~ INUTBG. ANAHBIM_CITY PLANNINa COMMI$BION 83-5~8 the house !or abour 20 minut~a and aaa ~leo in thalc backyard and she reelly lelt ~he neighbor• heve s pcoblem with nois• from the tcucka. She s tated the .ound otudy indicatee a aiqnit~aa~t nais~ level and ahe doe• heve a lot of questiona about that etudy beceu~e it eaid tha nbise lavel would be 1 or 2 ebove th• ambient level end thet ahe has been ther~ when there wes no noise and could not underatend how, with all these trucko added, it could be only 1 oc 2 ~bove. Mr. Day stated he would be willing to limir, the houra of oper~tion t ucthec and cut down the number of rruCk trips. Ne atated if this cequest ia de niad, he will probably be put into bsnkruptcy because he doesn't hdve anothe r pl~ce to move this plant And also about 1~0 employeee would be out of work, i ncluding paving crewe, gr.ading crewa, truck drlvecs, etic. Cheirwomen Bouas axpleined he currently has ~ pecmit ko operete unti 1 March, i~ he can live within thoae restrictione. Commiesionec La Claire eteted the Commisaion nppcoved thet requeat baeed un the infocmation pceaented bX the Fetitioner that it would not affec i the neighbor$, etc. She atated tt.e Commiasion carea about the petitione r, but they aleo cace about the neighbaca and pointed out ega~n the petitioner etill has a conditionAl uae permit with cectein stipuletions. Responding to Commiesionrr Buahore, Dean Sherer explained there ie a City ordinance limiting construction to atart befoce 7:00 a.m.= however, in thie instance the applicant has Conditional Use Permit No. 2207 to permit operdtion between 6:U0 e.m. an~ 5:00 p.m., Mondey through Seturday. Mr. Day stated he cealized the origin~l permit was for one year, but that one of his cnmpetitors is auing the City right now againat that Conditi onal Use Permit No. 2207. Commiseioner Bushore atated he wanted it on the cecocd that the pet itioner knew that hia pecmit was foc one yeer. He atated the Commisaion is not denying him that original permit and he can atill aperate under th~ t permit. Commissioner La Claire steted if anyone exceeds a conditionel use permit, it can be revoked, eapecial2y ahen there ~re so many opposed and point ed out she felt the neighbore will be watching this operatlon. Keith Waldon, attocney for Blair Pavinq, atated he would like to have the two engineecs reports and rhe diagrams, slides and models included in t he record. He atated when those homea were built in 1971, there was an operati en that was noisy and intrusive on that areas and that operation ceased because the raw materials was ext~aueted and those families who bought those homes i n 1971 knew of the exietence of that plant and recognized it could have an affect on their property values and quality of life And, in addition, an adjoininq land owner has a similar operatiort thet was apptoved by thia Commission and has been in operation for many yeara. He atated it seeme that Blair Paving ope rdtion is being singled out. Commissioner euahoce atated those matters are not a part of thia hearing and the Cammission is reviewing this request for Conditional Use Permi t No. 2474 and the other usea are not included. 9/7/83 1 ~ MINUTBS. ANAHEJM CITY PL1-NNING COMMIB~ION 83-5~9 Mr. Weldon atated kh i a area has be~n zoned !or thi$ type uae and he ie eware that conditional use permite are requiredt end thet tho~e operations heve exieted in this ersa end ar~ those types ot ~lAnta whiah people probably would cathec not aee next t o theic homee. Commiasionec Le Clai re steted the petir.ioner hea mede hia own problem here. Mr. Waldon aaked if it would be poaeible to approve the pecmit before the Commission and include khe exact tecma of Conditlonel Uee Permit No. 2207 relating to the 48 t ripa per dny, etc. ~:o the new permit would be exectly the eame a~ 2207 bec~use that original pecmi.t ia being attacked by a courk ptoceeding and, in h ie o~inion, there wes pr~bebly some pcocedurel problem with the isauance of thet permit which could cause the permit to be ~evoked ~nd in order to bvoi d continuing litigat.l.on and ~nymore hearinga beEoce this body, he thought it would be ~air and hiio client wou2d accept the same tecma as Canditional Use Permit tio. 22U7. He explained the pcablem with the ociginal permit was with the proceduces and the noticea which were not pcoperly made end t h at thia hearing hea b~een properly noticed and the preper proceduces have bee n followed. Commissioner Bushore stated a new EIR Negative DPcluKation would have to be adopted in order to approve the new permit based on Che infocmetion ceceived today pQrtaining to the truck tripa, no:se. etc. Mc. Weldon atated a 11 the evidence should t-e coneidered, but based on the Commission's stateme nts cegardiny the numbe~r of truck tripa per dey and regazdless of what Blair Paving would like to do, they would have to limit the aperation to the oc i ginal permit and that could be mdde a part of the new conditional uae periait. Chairwoman Bouea st ated with the iacts the c:ommiseion has neerd, it would be herd to approve the EIR Negative Decleration. Commissioner Herbst atated the City of 1-naheim advertises thre~r ways: eending out notices to property ownera wfthin 300 :eet, advertiaing in the newspapers and p~sting the property. Ke stated he doubted the propecty own~±rs across the rivec received noti ces of CUP No. 2207. He stat~d one of the reasuns :for requiring a conditi onal use permit is to give the Commisaion a handle on the use so they will f i nd out what is heppening and determine whethec or ~ot the operatian is causing a problem. HQ stated if thnt permit was before the Commisaion today, i t would he-ve to be denie~ based on the information received from over 1,000 fee t away. He pointod out tlse Commieaion could atill Actually revoke Conditional Uee Permit No. 120~ because they are in violatiun of the conditions right now. Mr. Wgldon stated t here will be etrict compliance to the n mber of truck trips per day requirement , etc. and that he hes heard etetements that certain pollutante can cause certain problemaJ howeve~r, this plant is under the auapices of the Sou Lh Coast ~-ir Quelity Manaqement Dietrict and they are very atrict and have po 1 ice powers and could shut down khis operation in one day, if they wanted to, so the neighbors ere pcotected on that iasue. He stated the Commission shou ld limit themaelves to testimony regarding the truck trip isaue and the sound ieaue and that axpect te~timony hae been preaented today 9/7/83 83-550 MINOT~S AN~HBIM ClTY PWUiNING COMMI SI N indicating that thoee are wall within tha legal r~quitements And ~hey ar• voluntatily aqreeing to limit the numbec o! trucke to the numbeHltatated 48 Commiaeion thought wee ceesoneble when the permlt wea iasued. tripa par day i~ not unreasonabl• an8 i~ 1/tth the numbec set focth in the traffi. cepoct and if those conditi.ons ece included, the neighbace would be completaly covered. Ne stated he did not think it ie Eeir to aesume that the condition~ ere going to be violeted at thie time. Comn:isaionera Fry and Herbet etaGed the conditions are being violated right naw. Commiesioner Nry ae~ked how the attorney could ~atand there Hea~~A~edeone a atatement aftRC all thia testimony has been presanted today. o~ the things t~al~~o thei peace8theelth,~safetytdndQgenerel welfarepofmtheWill not be derclmen citizens. Commissioner Le Claire stated ahe underatAnds what the attocn~y is aeying and $he aympathizes, but this is A new ba~lgeme and the Commiasion muet make certain findings which she did not khink they could make beceuse thece are a lot of questi~na which cannat be anawe[ed. She steted the Commi88pllution.t make the findinga aince they do not heve all the facta cegarding p She atdted they could not approve o[~ the requirementcfor~an~environmentalte h~+ve been brought fotth which aupp impact ceport. ACTIpN; Commisaionec La Claire offeced a motion, aeconded by Commisaioner Fry and MOTION CARRIED, that the ~-naheim City Planning Commisai~n disappcoves the proposed neqative declaration for tt,e project which !a a porteble asphalt conccete plant in the RS-A-43,000(PP) (Residential, Agriculturel Scenic Corridor Blood Plai.n Overlay) Zone located at the southerly terminus of Richfield Road and further deacribed ea 1101 Richfield Road upan the finding that the Planning Commission has conaidered the proposed negative declaration together with any commenta received during the public review pcocess and furthec finding on the basis oi the initial study And any commenta received that there is subatantial evidence that the project will have a significant effect on the envir.onments and on the basie that aufficient evidence was not submitted to ahow that the pcopoaed project, alone or in combination with any existing developments, will not endanger life, will not aignificantly restrict the carrying capacity of tt~Q regulatory floodway, will not incteaee flood heights and will not increase ~he velocity of f lnodwatec. Commiasioner La Claire offeced Resolution No. PC83-152 and moved for i.ts paseage and adoption that the, Anaheim City Planning Commission doea hereby deny Conditional Use permit No. 2474 on the basis tha 2207eha$icauseduae previously approved ~.: der Conditional Use Permit No. detrimental effects on the residential area acrass the Santa ]~ne Rivec to the south from this riant's operation, truck noise, pollution and abnoxious odores and that the p~opoaed expanded uae would increase the detrimental effectss that the Pr~hescitize ns~and wouldtbemdetrimentaletoethe,sucrourtdingf~ty end welfare of neighborhood. On coll call, the foregoing resolution was pdssed by the following vote: AYES: BOOAS~ BUSEiORE~ F1tY~ HERBST, KING~ LA CI.P-IRE, MC BURNEY NOES: NONE I 1~--BSENT: NONE I 9/7/83 _ .. . _.._ ___ ~.. ......_ . _ , , --~ ~~. _ _-._ -.~_.._.._..__._ - INUTEB. AN1~IM C1TY PLANNINa COMMI88ION 83-SS ~ack White, AasiatAnt City Attornsy, pceesntod th~ written cight to app~el the Planning Commisaion's deciaion wi~hin 2Z days to the City Council. Commiesionar Herb.t ateted he would liko to c~queat skaFf to moni~or the operetion under Conditionel Uco Permit Na. 2207 ta eee that tba petition~r atrictly adherea to the conditiona of epproval. He etated he will be on~ oP the ~iret to recommend revoking that p~rmit if the conditions are violated. Commiaeionar eushore aaked staEf to investigate end datecmine if the adjacent propecty could be ceueiny part of the problem. Deen ~hecec explained steff hed no~ received eny complainta about the opecation under Conditionel Uae Permit No. 2113. ACTION: Commiesioner Herbst offeced a motion, eeconded by Commieaioner La Claire end MOTION CARRIED, thet the P1Anning Commission doee heceby in8truct staff to inve~ti.gate the operetion under Co~ditional Uae Permit No. 2213, pcopecty located ed~dcent to subject property. ITEM N0. 2. EIR NEGATIVE DECLl1R~TION AND RECG~SSIPIC~xION N0. 83-84-1 PUBLIC HEARING. OWNER: NORBERT A. W~TERS, 12132 Morrie Lene, Garden Grove, CA 92640. Property deacribed es an ircegularly-shaped parcel of l~nd consiating of Approximately 0.40 ecre on the north side of Ball Roed, approximetely 280 feet eest of the centerline of Sunkist Street and immedietely west af ~he Orange (57) Pceeway. RS-A-43,000 to CL. Continued from August 8, ~nd 22, 1983. It was noted the petitioner has requested a two-week conkinuance. ACTION: Commiseioner La Cldire offered e motion, ~econded by Commissioner King and MOTION CARRIED, that consideration of the aforementioned matter be continued to the regularly-scheduled meeting of September 19, 1983, at the requeat of thp petitionec. ITEM N0. 3. EIR NEG~TIVB DECL1-R~TION, W~IVBR OP CODB REQUIREMENT AND CONDITIONAL USE PERMIT NO. 2475 PUBLIC HEARING. OWNERS: NORBERT A. AND RUTH M. WATERS, 12132 Morrie Lane, Garden Grove, C~ 92640. Propec~y described as an iccegularly-shaped paccel of land conAiating of apgroxim~tely 1.40 acrea on the narth ~ide of 8a11 Road, immediately weat of the Orange (57) Freew~y. To pecmit an 8U-unit motel anc; co.^.ktail lounge with waivers of minimum atructural setback, maxi~u~ a:ructural height and permitted location of freeatanding siga. Continued from ~uqust 8, And 22, 1983. Zt was noted the petitioner has requgated a two-week continuance. 9/7/83 ~ i NUT68. ~NAHEIM CITY PLIINNINO COMMIB~I,QN ~3'~g~ C-~TIDNs Commi~~ion~r La Claice otf~red a motio~, aeconded by Con~niASionor King and MOTION CARRI~D, that coneid~ration ot th~ alocementioned m~ttet be oontinued ta th~ csgularly-achedu]~d meetinq of Septambec 19, 1983, at th~ requeat of the p•titioner. RG~ESSt 3:20 p.m. RBCONVENE: 3z30 p.m. ITEM N0. 4. ~IR NEGATIV~ DECLJ1R~TxON. RECLA88IFICATION NO. 83-84-2, ~ND CONDITIONAL USB P6RMIT N0. 2482 PUBLIC HEJ-RING. OWNERS: THB HUSTON BUILAING, 438 E. Katella, Suite H, Or~nge, CA 92667. AGENT: JOS~M OZYP, 7227 Cedac, Sen Bernardino, C~ 92406. Property described as an irregularly-ahAped pdreel of lend coneieting of epproxim~tely 1.48 acres having e frontago of epproxim~tely 230 feet on the weet eide of Herboc Boulevard, 1251 North Harbor Boulevard. CG to CL To ~ermit a 3-story, 120-room mote~. There was no ane indicating th~ic presence in opposition to eubject cequest and althouyh the staff ceport was not tead, it is ceferred to and made a pact of the minutes. Josam Ozyp, ngent, expleined the Commlasion requ~sted they aubmit revfaed plans ahowing a 3•foot easement to be granted to the City accoss the northerly portion of the property to allow a walkway and aleo tn aubmit e line-of-aight plan ehowing the intrusion on the neighbora nccose Raleigh Street. She explained they have complied with those requestas howevec, they wece not clear regarding the outcome foc the walkway, but aould agree to do whatever the Commission approves. THE PUBLIC HEARING WAS CLOSED. Commisaioner McBurney refFrred to a memorandum from the Police Department regarding the welkway with Ms. Ozyp responding she wes aware the Police D~partment is recommending deletion of the walkM~ys however, ahe ie aware of the neighbocs' concerns also. Chairwoman Bouas referred to the fact that CALTRANS cejects the walkway and apologized for aeking the petitio~er to reviae the plans. ACTION: Commiasioner King offeced,a motion, seconded by Commiseioner Fry and MOTION CP-RRIBD, that the ~naheim City Planning Commiasion does hae reviewed the proposel to recl~seify aubject property fcom khe CG (Coiameccial, General) and RS-7000 (Residential, Single-Fdmily) Zone to the CL (Commercial, Limited) Zone to permit a 3-atory, 120-room motel located on an irregularly-ehdped parcel of land consiating of approximat~ly 1.48 acres, h~ving a frontage of appcoximately 230 feet on the west aide of Barboc Boulevard and further described as 1251 North Herbor Boulevardt and does hereby approve th~ Negative Declaration upon the finding that the Planning Commission ha~ ~onaidered the propoaed negative declaration together with any comments received during the public review proceas and further finding tbat on the basie of the initiel study and any conunente received that there ie no substantial evidence that the project will have a eignificent effect on the environment. 9~7~83 ~INUTd~. ~AbRIM CITX P1+~NNING COMMIBSION 83_-553 Commisaion~c La Cl~~re clacifi~d that the revised planr a~ submittMd wili be epproved ~ubjact to the eliminetion ot the walkwey. She pointed out th• petition~~ haa ~ubmitt~d another e~t o! plano which may have be~n kh~ic ficat choice. Ma. Osyp stated acrually with the reviosd plana, they increaaed land~ceping and made Adjuatmenta in the perking atalle and would work with atat! to pcovide edditional lendeceping and more parking apacos. Jeck White explained the cevise~ plana with the 3-foot welkway eliminated ~nd additi~mal landeceping provided should be ~p~roved subject to the approvel of th~ Plenning depactment. Commiseioner King offered Reeolution No. PC83-1S3 and moved for tts paseage end adoption thet the Anaheim City Planniny Commt~eion doea heteby grant Reclesaification No. 83-84-2 subject to Int~rdepACtmental Committee recommendationa. On roll call, the foregoing reaolution wee pasaed by the Eollowi.ng vote: AYES: BOUAS, BUSHpKE~ FRY~ NERBST, KING, LA CLAIRE, MC 6URNEY NOES: NONE ABSENT: NONE Commisaioner King offered Resolution No. PC83-15~ and moved foc its paesage and adoption that the Aneheim C1ty Planning ~:ommiesion does hereby grant Conditional Use Permit No. 2482 subject to ti~e 3-foot proposed walkway being eliminet~~d fcom the revised plans ~nd subject to Intordepartmental Commitk~e recommendationa. On roll call, the focegoing reao]~.tion wae passed by the following vote: AYES: BQUAS~ BUS~ORE~ FRY~ HF~BST, KING~ LA CL~IRE~ MC BURNEY NOES: NONE ABSENT: NONE Commiseioner Herbst explained that the Planning Commfasion had epprAVed cevised pldna with khe wdlkwaY~ eliminated on the basis that the Police Department and Traffic Depart.ment recommended against having the walkway and also on the hasia thdt C~LTRI~NS would noC allow aaceas to their property. ITEM N0. 5. EIR NEGATIVE D~ L~R~TIQN, RECL1-3SIFICATION N0. 63-84-3 AND CONDITIONIIL USE PBRMIT NO. 2464 PUBLIC 8E11RING. OWNBRS: JAMES D. ~ND HELP.N h. PIERCF, 401 South Euclid Stceet, Anahefm, 92802. ~roperty deacribed as a rectangulArly-shaped parcel oY land coneisting of approximetely 6800 square feet on the west side of Euclid Stceet, approximately 315 f.eet south of the centerline of Broedway and further described a~ 401 South Euclid Street. RS-7200 to ~L. 9/7/83 ,L1tz,N,UT~B. l1NAHBIM CI~ pl,~- NIN CQ~MI88i~( N --~'SS4 To p~rmit commaGCi~l u~• of a~e~id~n+:iel etructuc~ Mith wai.v~ra of minimum number o! peckinq sp~cea and r~quic~d location oE parkin9 spacas. Ther• was no one indiaating th~Lr pca$~nc• in oppooltion to •ub~~ct requ~st and elthough the ots!! c~porr waa n~t r~ed, ir i.o referred to snd mad• e part of the minuteo. Hele~ Pierca~ 401 South Euclid, aq~7nt, explainsd thay hav• pucchaaed this r~aide~a~ and would like to converk the gerage into e word proceeainq/typin~ $ervice and that they plen to livc~ in tha ceaidence. THB PUBLIC HBARING WA8 CLOSED. Regerding the packing, Commiesianer King eaked if tt~ece would be more than o~e euetome~ on th~ pcemises +at o~e time. Ne. Piecee csaponded she doubted there would be moce than one and ahe ~+ould b~ the on~y peraon wocking thar~. Commiasionac La Cleire etat~sd c-he sees i~o pcoblem with tr~ie. Commissioner He[bLt sta~ted, however, paving tha fcont of the ~esidence foc packing bothers him~and pointed out there are aeveral houaes along thie etreet end Allowing th~ could be starti,ng A pceaedent. He atated this is one reaaon perking is w,~ted in the rear and he would rather give the petitioner a wa~iver of Code •~--c~irQmant for parking and limit the use tu thia pacticular uae than to heve +_t~r i~cont paved. ~!+~c-. ~a~e etated that she would like that becau~e they do not anticipate mote -:~ha~n cse+~ to tWO persana coming into the cesidencR during one week. '-a~wf~ioner Ktng sCeted Eive houees south of this propecty, all have cdra -~w~a out front, so allowing this aould not deteciorete the erea. o+~s+n Sherec at+ated the 8~pacea cequired wae calculated on thR whole atcuctare a~.i.rig used, plus the garage, since the buainRes could ~xpand into the rs+~idencet howevec, with the stipulation that would not occur, ataff would not h~ave objection to a lesser number of epaccs. Commiasioner Huahure etated the Coiamiesion is trying to help the petitioner because they realize with a residential use, parking would be allowed out frontt however, he felt the Commission f,s oppoaed to changing the zone to commercial lip~ited, because thet would ellow other usea. de atnted the only ~ortion to be used for commercial uaes is the garage. Re~ponding to Conunissioner La Claire, Dean Sherer stated none of theae homea h~ve been ceclaeaified. He explained ths condition~l use permit ie neceasary to allow commercial use out of a reaidentiel structuce. JACk White, 1~asietant City Attorney, stated there is a propoaed Condition No. 6 Which limits the use of the property and it ie ni$ o~.inion th~+t is not t~ leg~lly enfocceable condition because once the property haa been reclassified, the uae of the property cannot bg limited and any uae permikted in that zone would De allowed. 8e further explained the conditional use pescmit is btought under a ps~rticulac section of Code which allows as A conditional usa, this type of uae in the zone being praposed and stAted the ~uestion ia wh~ther or not this use would be allowed in the existinq aone. 9/7/83 I+1 NUT~F~ AN~., H~IM CI~Y PLJ-NNINQ CO~MI&SION 83-555 Commia~ioner Bu~hore r~fecred to s reside~ce at about 600 S. Harbor which waa grnnted e reclsa~ificetian with e reetrict~d uset howevqr, the pcoperty was let~r remodsled which changed the whole etmnaphere. He ateted changing the ton• allowe diffecent aetbaaka, etc. Commiasioner La Clair• steted 4he did not think the Commiaeion hae any objectione to a conditionel use pacmit to allow thie Qetitioner to opereke one wocd procesaor. Me. Pierce explainod ahe did not think ehe would have vecy many cuetamera beca~~se ehe would tnke a pro~ect such ee a manual which would teke her ~ week to complete. She stated they heve improved the pcoperty end diecuea~d thie with hec neigribor ~o the reer and they welcome ihem to the erea. Commisaioner Le Claire seked i.f thece ie ~nywdy to allow this without changing the 2one. Jack White stated tl~ie pe-rticulet use is e permitted conditional use in the CL 2one and cettain ~~thec zones, but it is not a conditional uee allowed in the RS-7200 Zonet therefore, there is no authocity in the Code to gra~nt the conditione-1 uae pecmit without reclaRaifying the property. He explained the conditional ug~ is the comnercial uee of the structure end the ~:ode allaws home occupationa aubject to compliAnce to certein cciterie such es Che numbec of vehicles per dey, eigna, etc. and if the petitioner can meet trat criteria, she can have a ho~r~e occupation. C~edn Sherer stated she has cuatomere coming to ~nd from the etructure, so ehe w~~uld not qualify for a home occupetion permit. He at~ted ~n the pest, the P.l.anning Commioaion has approved thia kind of use and drapped the request for rEtclaeaificarion, but that the City 1-ttorney's Office has eince detecmined th,at conditional usee ehould be Ln the zone they belong in and in this case, th,at would be the commeccial zone. He auggested that the tecleesification be CO i.nsteed of CL which would limit the uses to office uaes. Jac~; White responded the pcoblem ie that the reclaesification has been noticed as R:~-7200 to CL end he agrees that ~L i.s a lesa intense zonet however, there is e legal question es to whethec or no1: ther~ would have been adequate notice to th~~ public. He added if the notice had been worded to CL or a leea intense zone, then certainly the pcoperty could be reclas~ified to CO without readvertiring. Commias~ioner Bushore suggested adding word processing to Lhe pecmitted uses. Jack Whi.te explained adding this use to the RS-7200 Zone would take the adoption of an ocdinance which would take two readings and 30 days to become effectiv~~. Commieaio~~er Herbet stated the ~ommiseion hds been down-zoning pcopecty for years. Hr•.~ sCated he would feel comfocteble approving a less intenae aone. P.eapondfng to Chairwoman Bouas, Dean Sheret etated it would k~ke 4 weeke to readvertise this pcopos~l. Commissioner Bushore atated the petitioner could go ahead with her business with a home accupation permit ae long as she did not ha~re people come to the home. Jack White explafned there ia no such thing wa a home occupation 9/7/83 MIN~T88. ANA~QIM CITY PI+ANNING COMM1~820N 83-556 permit~ thar the p~tition~r would heve to regietec that 4h• wi~has to conduct e buaineea lcom har home and ehar• is a whole liet of ccit~rie ahe would hsve to me~t, euch ae vecy limitod amounte uf vehicuiar enQ pede$trien tca~fic, eigns, etc. Commisaioner Buahare auggeated the ,~etitioner comply with the home occupation cequiremente with Me. Pierce ca~lyi~g they could not put up a eign end they wiah to have e eign aince that ig tl~e only way they E~idn to ettcect buaine~s and it would be a small siyn. Dean She~er ateted fcom whet he underatende about the buaineae, he did not think tfie petitioner would qualify ~or a home occupaCion permit end in thia inatance, the Planning Commiasion would have to rezone the property to CO since ahe wente to convert the gecage end Chen read the list of uees allowed under the ~0 Zoning. Commiesioner Herbat steted he ie co~cerned about rezoning the propecty and waiving the pnrking requirements eince the petitioner could sell th~ property in the future. Jack White stated if this property is reciaseified, the petitionec does not have to exerciae the conditioral uae pecmit and any use permitted in the zone would be allowed. He explained the w~ivers Are ~eing requested in connection with the conditional use permit ~nd if khe petitioner complied with all Code tequirements, she cen h~ve whatevet uses are permitted in that zone. Dean Shexer stated there ie a condition propoeed that BAyA zaning is not valid until the conditions of the CUP are met. He stated he believee the Commiseion is safe to g~ ahead with the cezoning to CO (Commercial, Office). Annika Santalahti stated in order to uae the ceeidential structure for a commercial use, the owner would hav~ to have a conditional use permit and in order to uae the property undec the nea zone, the pcoperty would have to be redeveloped with a commercial building end in practical terma, with the aize of the lot, the development stendarda would have to be adhered to and the use of ~he property would probably be a residence and something requiring a con~jitionel use permit, so in practical terms, the p~~titionet would have to liv~s under the conditional uae permit regacdlese of khe undeclying zoning. Comsnieatonec Herbat stated he felt the CL Zone is impractical and CO is more practical. He stated maybe this should be reviewed aad Commissioner Ld Claire suggested including this area in the next Genetal Plan Amendment to see about doing something about the whole area. Dean Shecer atated there is an Area Development Plan fot this area, but unfortunately the land assembly has not occurred end individual owners are looking for interim uses. Commiasioner eushore $tAted these two properties were foc eale together and this petitioner hae bought this property separately. Ms. Fierce etated this property was sald aeparately because the propertiee were not deep enough to develop anything commercial. 9/7/63 ;~ .~~ MINOT88. ANA!lBIM CITY PLJ-NNING COMMI88ION _ 83-557 Commis~ioner Buahore stsked pcob~bly th~ reaidencea will be there tor a long tiu~e and he did not went to maks ths same miatakes thet were mede on 8rookhuc~t. Commigeionec Herbat etat•ed he etill leels comfocteble with the CO Zone with .Tnck White teeporiding thet wi~hout giving pcopec notice t~o rezone a~~operty to C0, a redeonsb~e Acgument could be mede that the eurcounding property awnecs heve been dunied due ~coceas. He atated the eaeiest way to handle it is to have the wordl.ng on the legel notice th~t the intent ie to rezone the pr~perty to CL or a leas intenae zone. Commisaionec Herbet auggeat~d ataff could include that woxding in future notic~e. AnnSka Sentalahti explAined in moet inatencee, thie type rezoning he~s occucred in reaidential zonee euch ae a condominium zone whecein the zone ellows single-family development end the uses are permitted in the zone rnd ahe did not think the Commisaion has seen very meny in the commeccial zone. Deen Sherer steted atdff cei: ceadvertise for khe meeting of Octobec 3rd and the petitioner could talk to staff about the home occ~petion regietretion and operate undec that criteria u-itil the permit ia granted. Responding to Ms. Pierce, Commi~~eioner Hecbst expleined the CO Zone ia more appcopriate because the zoning wi:l atay with the property and the diffecence between CO and CL limita the uees ta office usrs and that she could atill ceside on the pcemisea. ~CTION: Commissioner King offered a motion, secondecl by Commiasioner McBurney and MOTION CARRIED (Commisaioner Buxhoce voting no), that conaidecati~n of the aforementioned matter be continued to the regularly-scheduled meeting of Oatober 3, 1983, in order for the petition to be ceadvectiaed. ;~~TIpN: Commissioner tiecbat offerad a m~tion, seconded by Commissioner King and MOTION CARRIBU, that the Planning Commisaion doee hereby instruct staff to include the wording in future lega: notices pertaining to lesa intense zones. ITEM N0. 6_.___EIR NEGATTVB DECLARATION AND REl'LASSIFICAiION N0. 83-64-5 PUBLiC HEARING. OWNERS: ANAHEIM kEDSVELOPMENT AGBNCY, 76 South Claudina Street, 1300, 1-ndheim, CA 92805. AGENT: AMIL SH~-B, 2545 Woodland Drive, Anaheim, CA 92801. Property described as an irr~gularly-shaped parcel of land consisting of approximately 0.35 acce loceted at the southwest corner of Chestnut Street and Harbor Boulevard. CG to CL to construct a 2-story commerci~l oft'.:e building. Thece was no one indicating their presence in oppoaition to sub~ect request and ~lthough the staff report was not read, it is r~ferred to and made a part of the minutes. Commissioner McBuxney declared a conflict of intereat as defined by An+~heim City Planning Commiasion Resolution No. PC7b-157 adopting .1 Conflict of interest Code for the Planning CoAanission end Government Code Section 3625, et seg., in that he had a financidl interest in the property next door and 9/7/83 MINUT~$. ~N H~IM GITY PLANNING COM~I&~ION _ 83-558 pureuent to the proviiione o! the abov~ Codes, decla~ed to khe Chair~oman thsk he waa withdrawing from the h~arinq in con~ection with R~clasaification No. 83-84-5, and would not tske pact in eithar the diocusaion oc~ the voCinq theceo~ and hed not diecusaed thie matter with any member of the Planning Commis~ion. Thereupon Commissioner McBurney left the Council Chambec at 4:07 p.m. Commisaionec suahoce declared e ~~nflict of inkeceet As Aefined by Anaheim City Planning Commission Reeolutiar. No. PC76-157 ~dopting a Conflict of Interest Code for the Planning Commis:ion and Government Code Section 3625, et $eq., in that he ie e contractual egent for the Redevelopment Agency and purauAnt to the provisions of the above Codea, declaced to the Chairwoman thet he wAa withdrawing from the hearing in connection with Reclaesification No. 83-84-5, and would not take part in either the diecugaion o[ the voting theteon and hed not discusaed thia matL~r with eny mnmber of the Planning Commisaion. Thereupon Commissionec eushore left the Council Chember et 4:07 p.m. Mike Welch, Anaheim Redevelopment ~g~sncy, explained thie propoaed project can be constructe4 under t~,e exieting zone and both the CL Zoning end the Agency guidelinea have been incorporAted into the design and they are aeeking to upgrade the existing zone and s~ek e mora comPdtible zone. He atated undec the D~velopment rgceement, the uaes allowed in the CL Zone would be permitted provided there is aufficient on-site ~~arking and ahould other commercial uses be propoeed in the future not meetiny additional parking cequireme~ta, the owner would be required to request a waiver of c~de requicement. THE PUBLIC HEARING WAS CLOSED. Dean Sherer explained the Redevelopment Commission did review this pr~iect this morning and recommended approval t~o the Planniny Commiasioc~. Responding to Commissioner Herbat, Mr. h~elch expleined the Red~velopment Agency does not own the exieting atructure on adja.cent pcopertyt thak the properties that formecly faced on Harbor Boulevard were pu:~chased for the Harbor Boulevard widening and that houee was on Cheatnut Str~~et ~nd was not requiCed for that widening. Dean 5herer stated the plan does conform to Codet however, it does not meet the Planning Commission's policy for a 20-foot landscaped buffer on the 8outherly portion and no landacaping is required and tha~ the north parcel is zoned CG (Cer~n~ercial General) and no landscaping ia cequiced. He stated there is a residential ptoperty to the west Nhich is zoned RM-1200. Commiasioner La Claire pointed out Carl's Jr. to the south does not have e buffer or landscaping. Responding to Commiseioner King, llr. wlelch etated the ~hain link fence is on the edjacent ptoperty and there will b~ a wall conatr~xcted adjacent to it. 9/7/83 INUT$S, ~NAHSIM CITX PLANNING COMM.~9&ION 83,~5g ACTI N. Commioalon~r Kinq otFecRd a~.otion, a~conded by Commiesioner Rry end MOTION CAR1t160 (rommi~a~oner• Buahor• and McBurnsy absont), th~t the Aneheim City Plenninq Commie.ion haa cevi~wed the pcopo~~l to re$one eubject pcopecty from CG (Commerciel, Genacal) to CL (Commeccial, Limitsd) 2one to conutru~t e two-atory commerciel office buildin~ on an irregularly-shaped percel oF land conaieting of approximetely ~.35 ecro located at the eouthwest cocner of Cheetnut 8tceet en6 .larboc eoulevard and doe• h~ceby approvo the pcoposed Negetive Decl4cation on the Pindiny rhat it t~as conaidered the Negetive Declecatton ~oga~hec with any commenta received during the public review pcoceae anu fur~her finding on the basi$ of the Initiel Stuay and eny commente received that there ie no eubatentii~l evidence that the project will heve ~ aignificdnt effect on the environment. Commiseioner King offered Resolution No. PC83-155 and movRd for ita paaeage end adoption tha~ the ~naheim City Plenning Commiseion doea hereby grant Reclesaification No. 83-8~-5 aubject to Interdepertmental Committee recommendetiona. On roll ~all, the focegoing c~solution wda pasead by the following vot~a: AYES: BOUAS~ FRY~ KERBST~ KING~ LA CLAIKE NOES; NONE ABSENT: BUSHORE, MCBURNEY Commissioners Bushore and McBurney returned to the Coui~cil ChAmber ~t 4;16 p.m. 2TEM NO. 7. EIR NEGATIVE DBCLARATION, W~IV~R OF CODE REQUIREMENT AND CONDITION~L USE PERMIT N0. 2485 OWNER: JKG COMPANY, 1461 Nocth Red Gum Street, Aneheim, CA 92806. ~GBNT: MORLEY TRUCK ~INES, INC., 1001 North Gcove Street, An~heim, CA 92806. Pcopecty described es an irregularly-shaped parcel of land con8lating of apptoximetely 1.07 acxea, 1461 Nocth Red Gum Stceet. To pecmit a truck and treiler repair facility in the ML 2one with waiver of required encloaure of outdoor usea. There w~s no one indicating their preeence in oppoeition to subject requeat aad although the etaff report wae nut read, it ie referced to and made a par.~ of the minutea. Don P~ul, agent, was preaent to anawer eny queationa. THE pU9LIC HEARING WAS CLOSED. Mr. Paul referred to the requirement for a percel map and expleired he h~d discuesed the situetion with Annika Santalahti and determined that would not. be necessary aecauae they are just leesir3 the property foc ~ 4-year period and it ia not a ground lease. Jeck White sxplained the condition esys that in the event euch e property is diviGed for purpoees of sale, lease or financing a parcel map to cecord the appcoved diviaion eha11 be submitted and thet it does not absolutely require 9/7/83 ~NUT88. AN~HBIM CITY PL NIN COMMx 810N 83-564 ...+.~..---~-- ~- one snd h• rhought iti would b~ appropciat~ to 1~AV~ the conQlt~on in. Ne atat~d neith~c th~ City Bnqine~c nor th• City A~torn~y'a OlEic• h~~ hed s chance to c~vi~w ths leAS~ iteel! to d~tecmin~ wheth~r oc not a laa~• would conatituta di~iaion of ehe pcop~cty for purpos~~ of the Subdivision Mep 1-ctt how~ver, th~y would be h~ppy to r~vi~w the leaAa. Mr. Paul explained there era two buildinga on this one pcopecty and thi~ will actually be a sub-leaae gituation and aAked that Condition No. 3 be eliminated becnuse with the bui.lding lease, th~y obviously do not netd a parc~l mep. Jack White stated it wes indiceta~d ducing the Interdepertmenta~l Committee meeting that this wauld be A ground lenaet however, i! thet ie not the situstion and this is e leaee foc the commeccial building only, thet condition could be eliminatad. He explained Conclitione 1 end 3 could be elimineted eince there is no gcound lease involved. Commiesionec Herbet clerified that all work will be pertormed ineide the atructuce. Mr. Peul etated most of the trucke ece atep-v~nsi howevec, there are aome long trailera which would protrude into the yacd and that moet work would be done inside. Responding to Chairwomen Bouea, Mr. Peul expldined the plastu` peReBandrthe lnstalled a numbec of yeacs ago in the fence for scceening p p Y will not be changing them if this ie approved. Commisdioner Buahore asked if ther~ ia a diatinguiahment between the number of parking spaces Eoc the two usee with Mr. paul replying that tl~e two tenants have agreed to ahere the perking. He etated thie ie a m~intenance yard for the owner of the Mocley Truck Linea. 1-C_ TION; Commiesionec Herbat offered a motion, ~eeonded by Commisaioner Pcy and MOTION CARRIED, that the 1-naheim City Planning Commisaion has reviewed the proposal to permit a truck and trailer repAir facility in the ML tInduatrial, Limited) 2one with waiver of r~equired enclosuce af LoXamatelye1.07 ncrea, irregula~rly-ahaped parcel of land consisting of app having a frontage of approximately 142 feet on the weat side of Ped Gum`SOVeeet and further deacribed as 1461 Norrh Red Gum Stceett and doea heceby app the Negative Declaration upon finding that it has co~sideced the Negative Declaration together with any commenta received ducing the public review pcocexs and fucther finding on the basis of the Initial Study and dny comments ceceived that thece ie no substantial evidence that the pro~ect will have a aignificant effect on the environment. Commiasioner Herbat offered a motion, seconded by Conunisaianer Pcy and MOTION CARRIBD, that the Anaheim City Planning Cnmmiasfon does hereby grent waiver af Code requirement on the basis that there are special circumstan~°a applicable to the property such as eize, ehape, topogcaphy, location of the aurroundinge which do not apply to other identicelly zoned propecty in the vicinity and strict applica~tion of the Zoning Code deprives the property of privileges enjoyed by othec properties under identicel zoning classification in the vicinity. 9/7/83 ~ I~NUxEB. A~~IM CITX PLIINNINa COMhI88IQN 83-561 Commiasion~r b~cb~t o!!*c~d R~~olukion No. pC83-iS6 snd moved !oc its pa~a~q~ end ~doption that the An~h~im City Planning Commio~ion doea h~reby qrant Co~ditional Ue• P~cmit No. Z485 aubj~ct to Int~rdmpartm~ntal Conunitte~ r~comm~ndetion• deleti~q Condition~ 1 end ~. On coll call, the to~egoin~ ceaolution was paseed by th~ following votes ~YBB: BOUAS, BUBHORE, FRY~ HBRBST~ KING~ LA CLIIIRE~ MC BURN~Y NOES: NON~ ABSBNT: NONE Commiasionec Buehote clerified thak th~ Front portion of the property ie a contractor's atorage yard. Dean 8herec pointed out that the Redevelopmant Commieaion hed ceviewed thia request thie morning end recammended epprovel to the Plenning Commission. ITEM N0. 6. BIR NEGATIVE DECLIIRATION AND CONDITION~L USE PERMIT N0. 2467 PUBLIC H~IUtING. OWNERS: JOSEpH i BARBAA~ S~HAGEN, 1118 South Orengethorpe, Fullerto~, CA 92633. ~GENT; MAL~K 6 NEVERTITY MJ-TTA, 7890 Lacasa Way, Buena Park, CA 90620. Pr.operty ie dRSCribed ae a rectangularly-ahaped parcel of land coneisting of approximately 1.09 Acces, 471 South Brookhurat Stceet. To permit on-sale beec end wine in a propoeed restaurant. There was no one indicnting their presence in oppaeition to aubject request and although the eteff report w~s not ceed, it ie referred to and made a pact of the minutes. Malnk Matta, ~gent, wae present to an$wer eny queations. THE PUBGIC HE~RING WAS CLOSED. ACTION; Coa~miseioner King offered a motion, seconded by Coauaisaioner Fry and MOTIO~ CARRIED, thet the ~naheim City Planning Commieaion has ~eviewed the proposal to permit on-sale beer and wi~e in e propoaed restaurant on a rectangulerly-ahaped parcel of land conaiating of approximetely 1.09 acres, having a frontage of approximately 144 feet on the west aide of Bcookhurat Street and further described as 471 South erookh~rst Street: and doe~ hereby approve the Negative Declaration upon finding that it has coneidered the Negative Declaration together with any comments received during the public review procesa and further finding on the basis of the Initial Study end eny comments received that tt~ece is no aubatential evidence that the project will hsve a aignificant effect on the environment. Commiasioner King offered Resolution No. PC83-157 and maved for ita pessage and adopLion that the Aneheim City Planning Commis~ion does hereby grent Conditional Uae Pecmit No. 2487 eubject to Interdepactmental CommittPe recommendations. On roll call, the foregoing resolution waa paesed by the following vote: ~YBB: BOUAS~ BUSHORE~ FRY, HERBST~ KING~ LA CLAIRE~ MC BURNEY N088: NONE AB8ENT: NONE 9/7/B3 ~~ ~INUTBB. J1N~beIM CITY PLANNINO COMMI88ION 83 56~ IT~M N0. 9. RIR NBGJ-TIVB DBCLARATION J1ND CONDITIONIIL USE P$RMIT NO. 2489 PUBLIC NBJIR2NG. OWNBR.Si KYU i YOUNG SOOx YUN, 13043 Magnolie 1lvenue, Cerden Grov~, CA 9a"644. AGBNT~ LONa DUC LE, 1810 iieat Rding~rr, Santa 1-na, C11 9Z704. Prop~rky deaccibed a~ e r~ctanqularly-aheped parcel oE lend conaiating ot epproximately 0.9 acr~, 505-5Q7 South Bronkhucat &tr~et (Aits R~stsurent), To expand s public dance l~all with on-eale beer. There was no one indicaLing their presence in oppoeition co aubject request and although Che ataff cepoct wse not read, iL ie referred to and made e pert of khe minutes. Long Duc Le, egent, expleined ~hey ere ~equesting e permit for dancinq on the weekendo (Friday, Sat~~rdey end Sunday) for Vietnemeee end the houra of operetion will be Thut 3day 8s30 to 11:30 and Fridey and Saturday from 8:3Q to 1:30 a.m. THE PU~LIC F'EJIRING W11S CLOSBD. Mr. Duc Le responded to Commiasioner Le Claire thdt they will r~ot be selling any food and may charg ~ admiaeion at tne door. Reaponding to Chairwoma n Bouae, Ms. puc I.e ex pldined they ere not open right now and they will be a ble to aerve 150 people. Commi~aioner Fry asked if thia r,ould be consi dered an ad ult entertainment businesa. Jar.k White ~xpleined there ere mul titudee of definitiona of adult businesa in the Code and one is thAt if the buainesa is reatricted in age to persona over the age of eighteen, unle8s it i s A ceatcic tion required by the A2cuholic Beverage Control eoa~rd, and another ie the type of ettice the cuetomere or the entert aineta might wear and he did not believe thie busfnees would qualify as an ad u lt businesa. Mr. Duc Le stated the f acility is not open and they are remodeling the exiating unit which ha~s been cloaed for e~5out Lwo weeka. He responded to Chairwoman Bouds thet he has not had a busine~-s like thi s before in this country. Commieeionec Buahore asked about the three-year time period on the previauely approved permit. Dean Shecer explained if the Commission wiahes a time limit on the permit, they should include that io their approval ancl that the kwo existing permits will b~ terminated. Conuni.seioner Bushore sCaCed he voted no on the originally requested permit becauae he had concerns ebouk what could happen. it was noted t here heve been no compl ainta filed ebout the aite. Mr. Duc Le responded to Commiesioner Bushore t hat the lease is for 5 yeazs, Cortunisaioner La Claire statec3 several Commiesionere are concerned about the uses however, she is not opposed t~ granting it for a period of 1 year to eee how it gaes. She etated if the club causea any trouble, e~ 3-year time limit would be a long time to have to put up with it. 9/7/A3 hIN~1T~8. ~1N11NBIll C~TY PLIINNING COMMI88ZQ~N 83•563 Mr. puc L~ t~apond~d hc thouyht h~ hed already paid !oc e 3-y~ar p~riod~ Conrni~aio~e~ Buahore ~xpl~inod th~ Commisalon' e biq conc~rn la givinq beer and MiM permit~ eo danc~ hell~ Nh~r• no Eood is ~~rv~d. Mc. Duc L~ stat~d h• hea s Daor end wine lic~ne• alc~edy in eente ~-ne end the people workiny at th~ tac ilitY will be oxp~riAnced. Coaonisaioner Harbat clarifi~d thet rhia i~ a new ownec and thi~ locetion was al r eedy allowed a 3-yaer permit lor~hie •eme type u 8e end ii th~re are co~splainta, the Commission can r~voke the pecmit. He steted the petitionsc hes tnvested a lot of monay in the propecty and he f e lt A 1-yasr iime limit ia no t economicnlly feeeible. Cowunisaioner Bushore atated if it ia the i~tent tin approve this [equeet and aslc tar termination of the othec permite, should the condition~ of the ather pe rmlt be inoluded in this permit, euch ea requiring thet the rear dooc be cloaed at all ti.mee during busineee houra end esked if there wae a condition restricting the right to charge admissi~n. Dean Sherer expleined the only conditione included on the ott~er parmits wag tbat dancing wa8 to be permitted only on ~riday, Sdturday and 8unday and the rear doors were to be cloaed at all t imea. Chalrwoman Bouaa asked if thia eelablishment will ae open at eny othec times. Mr . Duc Le atated those ere the only haura they will be open foc da~ncing and he did not know what they would be doing L•he othe[ houre. He added they had coneidered allowing cluba and other ocganizatione to uee the fecilitie+e for m~etings. Ctaairwoman Boua~e etated if thie permiC is ep~roved, the establishment will only be allowed to be upen on Thuredays, Fridays, SaturdAy$ and Sundaye a~nd 1E ~t~ey want to be open eny ather time, they would have to come back to the Commiesion foc fur~her review. .Tack White stated thia means they ca~nnot have a beer ber f rAm 10;00 a.m. to 6:00 p.m. and then have dancing after thet. Mr. Duc Le stated he hed planned ~o allow cluba to uee this eetabllshment f~,r mG~~i:.~e maybe once a week or once a month. .Tack White explained this condit.lonal uee permit iB be~ing applied foc for the sale and coneumption of beer on the premiaeRt howeveL, i~ appeers uaing the f acility es a meeting hall w~uld requir~ anokhe~ coaditional use pecmit. Commiasionec Herbat sugge8ted dllowing him to have a meeting hall with dancing and the sale of beer only during certein houca. Dean Shecet stated typically the hours of o~eration are limited for the sale of beer and dancing end they cen uee the f~cility for othet usee at other timea and that staff can notify the J-lcoholic Bsverage Contcol Board of the t~ours of operation. Jack White stated the approval ehould be For dancing and on-sale beer with ~ertain houra set forth and whdteve~ else occuca on the property can be worked cut with staff. He atated the notice was for e dance hall and that ie the pldnning Conunisaion' e jurisdiction. 9/ 7/83 h ~ ~ _i ~ T~$. A~1~!l6IM_ CITY_ PL~tiNINQ COM~4IB~SI9N 83-56 C N: Commi~~ic~nac H~rb~t o!f ~c~d e mokion, a~cond~d by Coaimiaaioner King and MOTION C1-RRIBC, that rh~ Ana~~im City Ple~n~nq Commission h~a r~V~lM~O tho propos~l to ~xpend a public denc• hall with on-,~ale b~~r on a r~ct~ngularly-ehapfd p~cc~l oi 1 and con~i~ting oE approximately 0.9 acr~, heving e fcontaye ot appcoximel~ ly 1Z0 L~et o~ th~ w~at aids o! Brookhucet 8tre~t anQ lucther deeaciDod as 505-507 south Brookhurot str~et (Rita R~ataucnni)t and doea heceby epp rove ths N~gative D~clacation upon ~inding thdt it has coneideced the N~qat iva D~cieration together with eny commente recsived during the public review proceaa end tucther Finding on the basie of rhe initial stuCy end eny comme n to received thet there ie no aubatantial evidence thet the proj~cC will have A aiq~ificant effect on the environment. Commiae~oner Herbat oEfeced Reso lutian No. PC83-158 and moved for ita peasege and edoption thet the 1-neheim Ci ty Plenning Commiseion doee hereby gcent Conditional Uea Pecmit No. 2489 for s period oE 3 yeare to expire September 7, 1986, end eubjecl• to Interdepartmentel Committee recommenderione, including an additionel condition limiting t he houra of opecation from 8:30 p.m to 11:30 p.m., Thursdays end sundaye and 8:30 p.m. to 1:30 a.m., Friday and seturdays, end an additionel condition tha t the rear dooc shall ramain cloeed et all times during buainesa houre~ On roll c:all, the foceyoing res olution was passed by the following vote: AYES: BOUAS, PRY, HERB&T, KING~ LA CLAIRE, MC BURNEY NOES: BUSHORE ABSENT: NONE C~~ 3ioner Herbat temporacily left the Council Chamber. I''. 10. EIR NEGATIVB DBCLARATION AND CONDITIONIIL USE PERMIT NO. 2490 e~UBLiC HEIIRING. OWN~RS: ROCKY 1-. TA1tANTELLO, ET 11L, 3931 MacActhur, S~site 102, Newport Beech, CA 92660. AGBNT: J~1CK W. LESTER 225 N. Hollenbeck, Covine, C1- 91723. Properky desccibed as an ircegularly-ehaped parcel of ldnd consisting of apptoximetely 1.2 acree, 3339 East Orr~ngethorpe Avenue (Poppa'N Willy's). To expand an exieting resteuraat with on-sale beer and wine. There was no one indicatir~~ the ic presenae in oppos:tio~~ to subject request and although Che etaff report was not read, it ie referced to end made a park vf the minutes. .Tnck Leatec, agent, wae preaent to ans~er eny queetione. THE PUBLIC HBI~RING WAS CLOSBD. 1-CTION: Commiselonec King offe red a mokion, seconded by Commissioner Fry and MOTION C1-RRIED (Commisaioner He rbst absent), that the Anaheim City Plenning Commiasion hde reviewed the proposal to expand an exiatiing restaurant with on-sele beer and wine on an irr~gularly-ehaped parcel of land consieting of apptoximately 1.2 acrea located an the weat side of Miller Street between Orangethorpe 1-venue dnd Crowths., ~-aulev~rd dnd fucther descrihed as 3339 Edat 9/7/83 ~ .; ' . ~INUT68. ANAH6IM CITY PLIINNIN(i ~,Q~lMI88ION 83-565 Orany~thorpor +~nd doea hec~by apptov• the N~qakive Decleration upon lindinq khat it hea consideced tha N~gativ~ D~ciaraeion toyeth~c v-ith any coannsnt• rsc~ived ducing th• public cevi~w proc~ao and furthec findinq on the ba,~is of ths Initisl Study end any commenta r~c~~v~d that thec~ i~ no subatantial ~vidfnce that the project will hsve e 4lgniticant •Etect on th• enviconment. Commiesionac King offec~d Resolution No. PC83-159 a~d movtd for ite pasraga and adoption that Ghe 1-neheim City Planning Commiasion doe~ heceby qrant Conditionel Uae Permit No. 2490 aubject to intecdepectmant~l Committee recommendetions. On roll call, the foregoing reaolution wee pss$ed by the lollowing votf: AYES: BOUAS~ BUSHORE, FRY~ HERBST, KING~ LA CLAIRE~ MC BURNEY NOES: NONE ABSENT: HERBST Commisaionec Herbst returned to the Council Chdmber. ITBM N0. 11. EIR NEGATIVE DECLARATION ~ W1IIVBR QP CODE REQUIREMENT AND CONDITIONAL USE P£RMIT N0. 2a91 PUBLIC HEARING. OWNSRS: RAY & FRANCIS HOMMES, 120 E1 Camino Drive, Beverly Hills, CA 9Q212. AGENT: SAMBO'S RESTAURANTS, INC., 6400 Cindy Lane, Carpinteria, CA 93013. Property described as a reatangularly-aheped parcel of land conaisting of Appcoximetely 0.61 acre, located at the aouthweet corner of Orenge Avenue end Bcookhuret Street, 605 South Brookhurst 3treet (Season's Reetaurant). To permit on-sale beer and wine in an existing restaurant with waiver of minimum number of ~prking epacee. Thete was no or.e i:~c~icating their preaence in opposition to subject request and dlthough the ataff report wae noC cead, it is referrcd to and made a part af the mfnutes. Steve Dees, 16623 Daiey Avenue, Pountain Va~ley, explained the} wish to edd beer and wine to their cxi~ting menu. THE PUBLIC H*'~. ~: WAS CLOSBD. Responding t~ ~.;,:.mieaionec King as to whether or not they have an agreement with their neighbor for parking, Mr. Deea explaine~ the packing atudy hy Greer and Company was ~ubmitted and they to4" into account parkinq bainy combined and there was no problem if the reata~.=ss,t pArking did overfiow into their areA= that the bank closes at 3:00 p.m. and a lot of their reataurant business would be in the evening. He stated they have talked ta the nnighbora about en agreement and they have a verbal agreement. Mr. Deea explained the number of seats would remain the same o; be reduced. Commisaioner La Cl+~ire asked if the petitioner could obtain a~arftten reciprocal pArking agceement with Mr. Dees responding he did not think that 9/7/83 ~. , IN~TBS~ J-N1-~lBIM CITY 8W-1~NING COMMI88ION _ 83-~ would be a problem. Commisaionar La Ciaire etat~d ah~ would like to heve khet in the cecocd becaus~ oi paot problems. Commissioner Fcy atated thec• haa been rn existing reataurant operating under the seme procedure for mAny yeace and thare have bean no problema. Commiaeionec Le Claire etAted tor the City's beneEit, khere ehould be e wrftten dgreement wiCh th~ adjacent pcoparty owner. ACTION: Commiasioner Ls Claire oPfered e motion, seconded by Commi~sioner Ki nd MOTION CARRIED, thet the Aneheim City Planning Commiseion has ceviewed ehe pcoposal to permit on-eale beec end wine in en exiating reateurant with waivec of minimum numbec of packing apaces on e cectengulerly-ahaped parcel of lend co~siating of app[oximately 0.61 ecre, located et the southweat corn9c of Orange 1-venue and BrookhuraC Street dnd furtlier described as 605 South Brookhurat Streett and does heteby appcove the Negative Declacation upon finding thet it hea consideced the Negative Declacation together with any comments received during the public review pcocesa and fucther finding on the baeis of tF.e Initial Study ~nd any comments received thet thece ie no substantial cvidence that the project will have a signi.ficent effect on the environment. Commlesioner La C1Aice offerod a motion, seconded by Commiaelanec Fcy and MOTION CARRIED, that the Anaheim Ci.ty Planning Commiasion does hereby gcant waiver of Code requirement subject to the petltioner'a etipuletion to provide a reciprocal parking aqreement with the adjacent pcoperty owner ta the aouth and grdnting the waivec on the basis that the parking veriance will not caus~ an increaee in traffic congestlon in the immediate ared noc adversely affect any adjoining land uses and that the granting of the perking varience and the conditione imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. Jack White recommended that a new condition be added to the approval of the c~nditionel use permit requiring thdt the property owner enter into a writte~ agceement with the owner of the property to the south, said agceement to be appcoved by the City Traffic Engineer and ths City Attocney's Office and ahall remein in effect at all times during the exercise ~f this conditional use permit provlding fot the use of no leae than 3S additional parking spaces for the r~staurant which is the subject of this application. Mlr. White further explained that could be a reciprocal parkinq agceement permitting both parties to use each other's parking or an agreement ta ai~ply allow ~he restaurant to use the bank's parking. Commissioner La ^laice offeced Resolution No. PC83-160 and moved for its passage and adoption that the Anaheim City Planninc~ Commission does hereby grant Conditinnal Us~ Permit No. 2491 subject to Interdepartmental Committee recommendatione. On roll call~ the foregoing resolution was paeaed by the following vote: AYES: BOU]~S, BUSHORL~ FRY, HBRBST, KING~ LA CLAIRE~ MC BURN~Y NOES: NONE ABSBNT: NONE 9/7/83 ~ r pIN~TE6. ANl1H~IM CITY PWIIVNIN(i COMMIS&ION _____ 83-567 Mc. De~+~ clerilied thet the perki.ng s9r~~ment would be b~tw~en the two property owneca and not th~ individual bu~ineaa operAtors. PUBLIC H~ARiN(i. OWN~RB: GFBLL~R DEV~LOPMBNT COMPIINX, INC., 228 Waet Main Streot, Tusti~, C/- .1680, 1-TTENTIONi R11LPH BPARGO. Pcoperty described as aeveral. paccela af land coneiating of approximately 19.57 acree, 2925 Weat Lincoln rvenue (4incoln Bedch Mobile Msnor Pack1. To eatablish an 18-lot~ 639-unit, RM-1000 Zone aubdiviaion with wsivec of requited lot Erontage. It was noted tt~e pekitionec cequested a two-we~k conCinuence. .ACTION; Commisaioner La Claire offered a motion, aecnnded by~ Commisaioner King dnd MOTION CAFtRIRO~ that co~sideration of the aforementioned matter be eontinued to the regularly-acheduled meeting of September 19, 1983, ak the requeat of the petitioner. ITEM NU. 13~ REPURTS 1-ND RECOMMENDATION5 A. CONDITI~NI~L USE PERMIT NOS. 1166 and 1645 - Requeat from Micheel L. Val~n, Pun Tour Bus Company, for a retroe~ctive extenaion of time for prvpecty locatea at 304 Katella W~y and 1825 Mountain View 1-venue. Jac~ White, Aasistent City Attorney, explained thie ia not a public heeringi however, the Commiseion normally doea hear teatimony from anyone wishing to aQeak. John Schultz, 1844 Hasket, Satellite Mobilehome Park, SpACe 51, stated he was hece in 1979 f.oc thiA same purposet thr-t he submitted t~o complaints to the Planning Depertment on June 23, 1983, a~gainat Lhe Pun Bus Company located at 304 E. Katella Wayt that one of the com(~laints was agafnst Conditional Uae Fecmit Nos. 1417, 1166 a-nd 1645 bpcause of excessive noises generated ~ram the busea, long periods of engine idling time causing excaseive fumee, blowfng of hocns and sometimea noiae fcom n public address eyskem being used at unreasonable hours. He stated these exceseive noises are created between the houcs of 11:00 a.m. and midnight and 1:00 a.m. to 7:00 a.m. He etated the second complaint was made approximetel} fouc months ago because the Fun 9us Company hAd an exceESive number of buaes and moved them over to the property at 1833 end 1839 Mountnin View which fe right next doot to where they are presently located. He stated ~ new petmit has not been iaeued by the Planning r,orranission to pRrmit a bus rerminal on that property. He refexred to Variance No. 2621 (to permit a truck stotage t~rminal). He stated the permit nt 304 E. Kate.lla was ociginally to permit a bus stocage area and light maintenance for about 20 bt;~es. 9/7/83 " i t s N I C TY PLI- ING C 1 +~ ~ Mc. schult~ atieted h• wouid recommsnd that ceaaaneble houca o! op~cation ahould be eatabliahed .i~ce there heve been probiema since j i 1g76. H• ~tated he is th• only p~raon prea~nt to op~ak in oppoaition~ but ha knoha th~~• ece a number mor• who would like tio be pceaent. He statsd th~a~n 1979emandaha teltntheyYwillckeepd compared to ahat waa thece i ~ increaeinq. Mc. Schultz stated the busea being parked et 1833 and 1839 Mountein View ~re being packed against thebu~~thatnhetand hie wifedace from about 6:30 a.m. until 7:00 p.m., retired and eometime8 like to eleep 1sCer. He ~tated with ali the problems created by the properky at 304 B. Katelle~, they feel thet if d pecmit is granted for the pcopecty on Mount~in View, the tcoublee will be doubled~ that the Fun Bu~ Company agreed to wock with them end right noa the noiae hae diminiahed, but that will not last foc long. He atated they have no pcoblems during the day, but they are not Rleeping then. Mr. Schultz atated he has wcitten infcrmation dating back to 1976 of the hours, the viaits by the Police, the contects with the Fu~ Bue Company and othe~ information and that anyone can cevf.ew those recocde. Mr. Schultz ateted they ere propetty ownecs within the pack end cannot just oveethisiproblemethat isdexistingeindtheirebacky~rdk/ but do not 1 Tony Guy„ Vice President, Town Tour/Fun Bue Company, stated they have had a conditional use permit eince 1974 end have been operating at this location for ovec 13 yearsi thdt he person~lly dfacussed the situation wi~h Mx. 3chultz on two occasionst that there have been some recent improvemente and he did discuss the SLedictable1andMthey Schultz yesterdayt that theic opecation is vecy p start about 6:00 ~.m. when the buaes depert a~nd then they retucn during the early evening houres that they have been doing some servicing on 11:e busra in that generel area such ae fueling, cleani.ng, poaitioning, etc. ~nd they have had some difficultiies with nAise, but everaleneighbarseibuttheMthought1Mr.eSchultzthadHbeenathe they heve a only ~ne to complain. Commissioner Herbat etmted he thought there was a mep of the acea preaented ducing the previous heacing and the petitioner agreed to pnrk the buses in a cectain configuretion a certain distance fxom the fenc~. Mr. ~ gtdted there ia a 20-foot bufihAVe~gomervanshe fence and presented photographs ahowing that they patked neet the fence, but they do not cause excesaive noise, and no busee are patked thece and the we~lle a-re about 7-1/2 feet high and landacapiog has been planted. He etated they acquired the prooetky next door and it ie ueed only for parking vehicles and is not used for cleaning or ~auaednforeparkingttrucksrand light vehiclea$ition, that propertY aas 9/7/83 ,. ~_ ~...._.~. __._...._.._......___w_._.._... ~.. ,~_.wn..w......,..,....:..~.~..z,.,M~:.~,:-~,~;.. ._.. i ~ MINUT$8. 11N~H~IM CITX PL~INNIN~ COMNI88ION 8~3-5.69 Cotami~aionet Hecbet atated he thought a conditionel uas permit would ba requir~d !or u~e of thet propecty !or perking buaea, indicati~g h• thought it wa• commeccial pcoparty. l~nnika 8s~talahti explained according to ths map, tt~~ propsrty inan~diataly •outh haa a ceaolution o! intenL to commarcisl, but ie ~till zaned c~aidentielly end any expaneion of tha buB terminel should hava a conditionel uae permit. Mr. Guy~ atated they will file wha~tevec ia nmceaoary. Commiaeioner Herbet etated theca must be a problem thare or Mr. schultz would not be c:omplaining and nAted the noise has diminished right now, but it io beceuee of this cequeat for an exteneion of time. Mr. Guy etated they ere juet ending their buaiest eeeson right now and their activity l~avel ia ~uet diminishingt end that they are aware of their reeponeibilitiee to the ne.ighbothood and do everything to keep the nAise level downt end that he underetande Mr. Schultz's posikion de ~ ceticed citizen who likes to aleep late end go to bed eacly. Commieeionec Bushore and Mceucney left the meeting at 5;10 dnd did not ceturn. Commieaioner La C?.eice stated the Commieaion ie trying to figure ouc juet how much of a problem there is. She asked the earliest times anyone would be on the lot doing any kfnd of wock. Mr.,,G~~ cesponded n~rmelly th~iy would begin about 6:00 a.m.t however, there are isolated inciden~d where they might heve to have a vehicle leave eerlier, but thet would mecely be etarting of the buses and leaving immediately. Commisaioner Le Claire asked iE thooe buaea thet have to leeve eerly in the morning could be packed further away from the reaidences. Mr. Guy reeponded that would be hard aince they do not know whAt the apace`~requirements would bet that thry operaCe undec the authocity of the Californid Public Utilities Commisaion and the Zntetatate Commerce Commisaion and have a cesponaibility to fill their line service requfremente. He explained normally they have crews in the area washing/cleaning and refueling the buses until ebout midnight. Mr. Q~. responded that they have the unusual circumstances about 10~ of the time when they would start before 6:30 a.m. Mr. Schultz stated Nr.,-G~ is new with the company and explai~ed the servicing goes .n every night uhtil midnight and then from 1:OU a.m. to 7:00 e.m.s and th~t hie compleint ia running Lhe busea and creating fumea and noise. He stated he has records ehowing when the complainte were being made. Commissioner La Claire asked Mr. Schultz to present copies af his written records ~Eor the file. 9/7/83 MINUTBB. ANAHBIM CITY PWINNING COMMIa8I0N 83-570 R~sponding to Cotami~aioner La Clair~ aa to th~ ~oar~~t bus~s to Mr. Schult~'a home, Mc. ~uy ateted he waa not auc~ o! th~ sxact loc~tion ot Mc. Schult$'a mobi ehom~, buti h• would think they ac• about 20 E~ek awey and tihe only thing in that atea would be the busea brought in in tihe sv~ning snd then laav~ fcom ther~ in th~ morniny nnd the cleaning, faelinq and maintenance i• quite e distanc• away. Commissioner La Claice atated thece waa a setback on tha originel conditionai uae pecmit. Commieaioner Pcy atated he thoughk the washing facility had to bs relocated. Commisaioner La Claice atared ahe khought the petitionec wAS inatcucted Co atert the buees a certain diatance fcom the property linea aleo. Annika Sentalahti atated khece was s requirement on the e~cond conditionel use permit that no buaee could be kept sny closer then 50 feet and that thec~ be a 10-foot landecaped buffer~ however, the firat conditionel uae permit had no timed conditiona of any significance. Commiseioner La Claire stdte9 thet would mean n~ buoea are to be st~rted up any closor than 50 feet from the property line end she thought that wds one of the violdtione taking plece. Annike Santalehti read from the reaolution, 'Thet for furthee protection of tl~e adjacent mobilehome park residents, no atorage, parking, or placement of buaea ehall be pecmitted within 50 feet of the west pcopecty line.' Mr. u~~stated they aeerched thei: filea befoce .oming to thia meet~ng and was not able to find any materiel that gave these restcictions and if staff will provide him with copies of that information, they will comply. Mr. Schultz stated ther~ ace two diffecent propetties end the 50-fout setbeck appliea to tne property at 304 E. Katellat however, ther-a is no permit on the property next door at 1833 and 1839 Mountain View and they are operating there illegally. It was noted the petitioner has agreed to file whatever is necessacy to get the permit on that property. Anntka Santalahti etated the petitionec ~ill get written notification that they need to apply for a conditional uae germit to expand their activities and it will go throuqh the publfc hearing procedure of the Planning Commiasion, end the pcoperty ownets will be notified. She asked Mr. Schultz to qive his name and addceas to ataEf so he will be notified since he is not a groperty owner. ~CTION: Commissioner ~erbst ~ffered a motion, seconded by Commiseioner King and MOTION G-RRIED (Commisaioners Buahore and Mc9urnRy absent), that the Anaheim City Planniag Commission doea hereby grant one-year retraactive extenaione of time for Conditional Use Permit Nos. 1166 and 1645 to expire on August 16, 1984, aubject 9/7/83 t ,~TNtlT~~N1-H6IM CITY PLANNING CnMMI~8I0N 83-571 ~o the p~tition~r's atipulation to abide by the oriqinal conditian~ pertaininq to the houc• o! op~c~tion, bus packing loaation end noi~e of th• original permits and al~o that the patitioner Ahell epply for e conditional uR~ parmit on the sd~acent prop~rty. Mt.~Guy)pointed out thst th~ lo~ation of the pcoperty is incorrsctly indiceted in the stef! repart and ahould be 304 Katella wAy r~ther than 340 Katella Wey. B. CONDI_ TIONAL U3B PBRMIT N0. 2263 - Requeet from Melville J. Mc Leen for an ext~inaion of time for propecty loceted nt 1310 Nocth Miller Street. ACTION: Commieaionet King offeced e motion, seconded by Commiesioner Hecbst end MOTION CARRI~D (Commissionecs Bushore and MaBurney abaent), that the Anaheim City Planning Commisaion doee hereby grent a one-year retrodctive extension of time for Conditional Use Permit No. 2263, to expire September 21, J 94. C. CONDITIONJ-L USE PERMIT N0. 2104 - Reyueat fcom Georqe T. Nichols for an extenaion of time for property located ~t 919 Sou;:h Knott 3treet (The French puacter). Annika Santalahti, Asaistant Direct~r f~r Zoning, explained Code Enforcement staff had gone out ta inveatigate this aite on Priday and several r.oticee of violatian were isaued and she wasn't sure which tenants were involved. She aeked that this metter be continued for two weeks eo the eitudtion can be reviewed. ACTION: Commissioner King offeced a motion, seconded by Commisaionec Hecbst and MOTION CARRIED (Commi,esionece Bushore and McBurney abaent), tha~t thQ Anaheim City Planning Commiasion does her~by continue consideration of the aforementioned matter to the meeting of September 19, 1983, at the request of the Planning Department etaff. D. T~:~TATIVE MAP OF__TRACT NOS. 10963 and 10984 - Request from Richerd L. eiegle for an e:•ter.sion of time foc property located at the southeast cornec of Santa Ana Canyon Road and Weic Canyon Road. Annika Santalahti, Assistant Director for Zoning, cequested a two-week continuance on this matter. ~-CTION: Commisaioner La Claire offered a motion, seconded by Commissioner King and MOTION CARRIED (Commiesioners Bushore and McBurney absent), that consideration of the aforem~ntioned matter be continued to the meeting of Septembec 19, 1983, at the requeat of the Planning Department etaff. 9/7/83 ,.A ~ ,~. i j MtNUT60. 1-NAHBIM CITX PLIINNING COt~lIBl3ION~~ ,~,._ 83-572 B. COND2TIONJ-`Uii6 PQRMIT N0. 2400 - R~quest lrom John Weson, Cabot, Cabot end Porbe~, foc finel design plana !or the Phaa• 1 o!lice buildinq on propecty loc~ted on khe notth eid~ of Orangewood Jlvanue, epproximately 1310 feet es+~t of tha centarline o! Stete College eoulevard and lurthar deecribed ea the Aneheim Stsdium complex. Joel Pick, 1-saietant Dfcector Por Plenning, presented the etatf cepoct to the Planning Commiasion noti~g Conditional Ctae Permit No. 2~00 was granL•ed in Febtuacy of thia yeAr by the City Council end Condition No. 43 of that p~rmit ep~cified that Pinal design pla~ns for ea~ch proposed office building and parking gacege shall be submitted to the plenring Department for cAView dnd appcovdl by the Planning Commieaion prior to ieauance of building permite. He etated the final deeign plena foc the fi~et office building were submitted to comply with thet condition. He eteted in addition to the pl~nQ eubmitted and the modela and dcawings, repcesent~tivee from the devoloper ~nd erchitecta a~ro preeent to answec any yu~atione. Chairwomen Bou+~s aeked Red Patteraon to eit cloaer t~ the front so he could aee the models and exhibits and not to hesitete if he hed any questions. Michael Ruahman, Cabot, Cabot and Focbea, expleined they are heKe today to explein tha Einal design plans for the first office building. He etated it ia theic intent that there wouJ.d be autfece parking for the ~irst offic@ building and when the second office building is constructed, the first thing they would have to do ia conatruct the garage foc the ficst office building, so for aeverel yeare there would be surface parking only and no gacage plans ~re being submitted. Mavis Pice repreaenting Skidmoce, owens and Merrill, architecte, pregented elides of the overall ma-ster plan and the first phase office building, the stadium, a rendering of all four buildings, a view from the Stadium of the firet phase office 5uildin~, a view from the center of the project, a close-up fXOm the center looking into the buildinga, views of the models going west on Orangewood, and the ~nodel view from the center of the project ahowing the gardens. He explAined one-half of the propaeed garden will be developed in this phase. He stated the pro;yect consists of an 18-story building, plus ~ penthouse, and th.at the building will be 250 feet tall and consist of 403,000 gross square feet. He explained the types of materials to be use~.~ for the building a~nd landacaping and presented sampl.ea of such materials. The Commission reviewed the model displayed in the front of the Council Chamber. Chafrwoman 8ouas stated this looka like a most outskanding building. 9/7/83 Y ~ ~ 'IN T~S ANAb~IM CITY PLANNINQ COMMI86ION 83-573 Commiaaioner Herbst etsted ha ia •till a little disappointad 4hat Orangowood will h~v~ to b~ torn up twice. He ateted he thought mon~y would be iaved by dev~loping it to itia ultimate in th• beginning and ateCed he did not like the idea of the antrenc• eo the 8tedium hsv~ng ta ba tocn up twice. He etated he thought thie ia a beautiPul developmsnt and that it will not be detrimentsl to th~ Stadium, end i! it ie done properly, it can be a goad mecriegm between the two, but etill thought the ingrese to the Stadium is vecy vecy impoctent. Commisaloner Fcy saked ebout the inaeta on the exterior of the building, with Mc. Pice expleining the ecchitecture of the building. Commiseioner Fry f~lt with the indentAtions on the outside and the windowa, the building will get extremely dirty beGau~e of the Sante Ana Winde betw~en the montha of October end becembet nnd the rnina between Janunry end March. Mr. Pice ateted the panels will be aloped ao that moet dirt ~nd duet will come off, but they did not feel this buildfng will be aomething th~t anyone would not be proud of. Mr. Ruehmen explained the packing which includea the entry switch and all the landscaping. Mr. Pica pointed out the new acceas road to the Stediu~ and explAined around the building there will be berms of earth to ehield the packing from the view of d peraon at ground level. Paul Singer, Traffic ~ngineer~ responded to Commissioner Herbst that the parking has been taken care of in tt~e canditions outlined by the Council and the only thing that needs to be done is to work out the specific methods of hAndYing traffic during those few times when th~ office is still in use at the same time the Stedium is operAtional, but that is ar- operational problem. He stated the pcoject de$ign is perfectly acceptable. Responding to Cammiseioner Pry as to the length of the collectac road goinq into the Stadium from Orangewood, Mr. Rushman reaponded it would be about 1300 feet long and stated it increases the stacking capacity by 50f nnd Paul Singec stated it alao increases the capacity of the cxieting gatea. Red Patteraon stated he was not speeking for the ~ngels, but as an interested person, and aeked if the developer had a slide showing wh~t the project would look likp if they only build this one buildinq. Mr. Rushman ex~lained Sk£dmore, Owens and Merrill have not been retained far any of the other office buildings, but thece was a achematic design done for an office garage to be used in conjunction with the parking aonsultants, but that is etill subject to change because they are not submitting plans f~r a garage. 8e stated there fs a elide show~ ~rom the Stadium which showe Lhis building and garag ~. 9/7/83 ~ •{ MINUT$8. ANAN~~M CITY Pi,~-NNING COMMSRBZOa 83 S7 Mr. Pett~raoo ~~ksd how ~uch of th• Du~ lot and how ~uch ot th~ prop~cty th~y would b• usinq toc thie d~v~lopm~nt. Nr. Ruahman r~aponded th~t c~~e bu~ lot will b~ ahifted to o loc~tion to th• north ot th~ Stadium, ;w:~ o!f K~l~lla ~t th• vory btyinning. Mr. PaCter~on saked if th~ tlet aurfac• perkiny toc th~ 18•story aftice ~!ldln9 will be wh~re tha bua lot now •xiet• or will it b~ movod more toward the Diy A. Mr. Ruehmen expl~ined th• ~urtace perkinq will be to th• north end weat of th~ ofPlce building 4nd pointed uut the parkinq on the model. HR stated the perking will be 2.78 •pacea per 1,000 qroea aquere feet of office building and he thought thet would b• ebout 1125 or 1127 apecea and there w~ll be e good deal o! edditional parking in~medietely ~djaaent to it, but ~he landaceped packing meeta the 2.78 specea. Mr. Patteraon eaked 1E only one building !e conatructed, how much 4cceage vill be takan up with the building, ldndaceping and parking. Mc. Ruehman ~eaponded thet would be nppcoximately 10 to 12 acres. Ne skated kha four office buildi~ga end gbragea utilizee ZO acres. Mr. P~ttereon asked how mu~ epace will be loft after th~a building ie constructed. Mr. Ru~hman responded that the building end surface parking require rouqhly 10+ ~ccea. He stated ~fter Phese 2 when the firet two office buildinga end geregea ere constructed, about 10 acres would be used, eo the Amount of land cequired won't change between ~haees 1 end 2 end not until they get into Phase 3 would they get into much ebove the 10 ecr~s. Commieeioner Herbet pointed out this pa.cing will still be eveilable for Rams and Angels games. Mr. Rushman atated on weekends, a amall amount of apeces will be available for people working on A weekend and the remsinder would be availeble foc Stadium use snd could ortly be ecceased through the entry road through the toll booth. Commisaioner La Claire aaked how much acreage would be u~ed for the whole pcoject end what happens to the eccese road. Mr. Ruahmen explained the access road would be moved only once and it will be completed in exactly the configuretion it will be forever et the vety beginning. Commisaioner Fry asked; barring no unforseen circumstances, what the atarting date would be. Mr. Ruahman responded they plan to start in early spring of 198~. Responding to Coaimissionec La Cl~ire, Mr. Rushman stated they have had very serious diecussione with e number of tenants and the reception to A project like thie in north central Orange County h~s really been better khan they had hoped end he thouqht the City and A&~ would be deltvering a product the market place ~s ready for. 9/7/83 ~ ,,~; , ~~ NI„ NI1T~~il~N~itM CITY PW101NINa C~NI8820N ~ 83-'~7'S Chairwom~n Bouaa stati~d thi~ looks lik• +~ b~~utilul product and will b~ ~oa~ethinq w~ c~n b~ proud ot. JaCk whit• auqq~at~d Conuni~~ion'r ~ct~ons b~ !ot •pprov~l ot th• li~al d~~iyn plana !or th~ Phas• 1 ottic~ buildinq oi the or~nq~wood Block D~v~lopm~nt in •ccordance with Condi~ion No. 43 ot Conditiona~l Ua• P~cmit No. Z400. 1-CTZON: Commi~alon~c !cy alter~d a motion, •eco~d~d by Commi~sion~c Kinq and MO'riON CJ-RRIBO ~Cammi~sion~r~ 9ushoce end McBurney abaent), that ~he Aneheim City Planning Commia~lon do~s h~c~by approve the tinel desiqn plan tor Phas~ I O!lice Building o! the Orenq~w~od Blxk D~velapm~nt in accocdance with Condition No. q o! Conditionel Uaa Pormit No. 2400. 11DJ0URNlIENT: Z.~ece beiny no lucth~r businese, Commia,ioner Fry oileced a motion, $~conded by ConnnieAion~r Hecbat and MnTION CARR~ED, that the meeting ba adjourn~d. Tha meRting wds adjoucnec! r~t 6:02 p.m. ELH:lm OOOAm Reapectfully submitted, ~I~t,v 'Q , ~ ~ C Bdith L. Harrie, Secretary Anaheim City Planning Commiasion 9/7/83 's e 1