Minutes-PC 1983/11/14R~a~,UL~R~M66TING 0! TbE A~iA,_,~EIM CITY PLJINNZNa COMMI88xON
REOULIIR MRBTINti The c~gular m~~ting of tha 1-naheim Ciky Plsnning Commiailon
waa called to ord~c by Chdirwomen Bouaa at 10;00 a.m.,
Nov~iab~r 1~, 1983, in the Councii ChAmber, a quorum being
pr~0ent end the Coanaission reviewed plan~ o! the itema on
today's agenda.
RBC~88: 11:30 a.m.
RBCONVENE: 1t30 p.m.
PR83SNT Chaicwomen: BouaB ~~~
Commissioners: Buahoce~,.,Hecbst, King, Ls Claire, McBurney
J-BBBN~ Commiaeioners: None
J-LSO PABSBNT 1lnnika Santalahti I-seistant Director foc Zoning
.7ack White 1-esisL•ent City ]lttorney
JAy Titue Office L'nqineer
Paul 8inger Tr~ffic Bngineer
Kendra Morriea ~-eaietant Planner
Sdith Harrie Planning Commiaeion Secretacy
~1PPROVI~L OF MINUTBS: Co~amiseionec King offered a motion, seconded by
Commiasioner Pcy and MATION C1-RRIED (Commieeioner Hecbat abata;ning), th+~t the
minutea from the meeting of Octob~r 31, 1983, be approved, eubject to
corcection8 on Page 717, changing Commisaioner Hecbat's name to Commiseioner
Pry in the ~th pacagraph inasmuch as Commiseioner Herbat wae +~baentr and
changing the word •improved' to •epproved• in the next to last line of the
last paragra~phr and on Page 71,8, next to leet paragraph thicd line, lask word,
fcota 'verbe~l' to "wcitten". Commieaioner Ring offered a motion, seconded by
Commiseioner Fry and MOTION C1-RRIED, that the minutes of the meeting of
October 17, 1983, be approved subject to a correction on Page 679, second line
of next to la~et paragraph, changing the word 'Commiesion" to •Council'.
IxBFI NO~ 1. BIR NBGIITIVE DBCW~RJITYON, W1~IVER OP CODE R~QUIR$MBNT~ CONDITIONIIL
USE PBRMIT N0. 2459
PUBLIC HS1-RING. OWNLRS: KAI3BR FOUNDIITION 808PITALS, 333 South Crand Avenue,
~3400, Los l~ngeles, Cl~ 90U71. Propecty desccibed as an icregula~rly-shape~
paccel consisting of approximately 9.6 aares located at the northwest cornet
of Riverdale Avenue end Le~keview 1-venue, heving fronta~ges of approximately 628
feet on the north side of Riverdale Av~nue and approximakely 670 feet an the
weet aide of Lakeview J-venue and further deacribed as 441 North Lakeview
Avenue (Xaiser Poundation Hoapi~al).
To permit axpaneion of an exiating hospital with wAiver of minimum number of
parking apeces.
Continued from June 27, July 25, August 6, September 19, October 17, and
Octobec 31, 1983.
83-721 11/14/83
INOT68. ~N~H6IM CITY PIJINNINC CpMMI88I0N. NQVEMB~R 11. 1A83~„ ~,.. 83-7~1
Th~re wa~ no on~ indiaatin9 th~ic pc~senc• in oppo~ition ~o •ubj~ct c~qu~~t
and aithouqh th~ •talf r~por~ wa~ nor r~ad, it i~ r~f~rr~d to and m~d• a p~rt
a! th~ mi~ut~~.
Teccy Surt, Kaiaer ~oundation Ho~pi~tsl~, explain~d they had r.h~ir indepRnd~nt
tr~!!ia expacr do further otudi~~ on actual ua• of perking apac~s primacily
betw~~n 3:00 and 3:30 p.A. b~cause thet is th• h~avieat uaage period becau~e
o! th• outpat~~nt clinic dnd th• ~hilt chsnqes end al~o during the morning
houra which Co~uniasion~r Herb~t wsa concerned about. He stateQ the r~eult• o!
th~ ~tudy oubmitted to the Planning Cocunlasion !or review ahowe in a dremetic
way th~re i• An excea• ot p~rking spacs~ ahich are not u~ad ducing the day and
the p~cc~ntag~ of vacent apaces cang~a Erom 421 ko 26~. 8e atatea the
hoapital patking lot and the employe• parking lot were both studied on October
21st and October 24 through 26.
Mr. Burt pre~ented photagra~ha of the t~-o perking lota and pointed out they
ahoW thsre Aca plenty of vecent parking apacea. He eteted they did leern that
they will have to be more cereful ebout forcin~ employe~es to patk actose the
atreet end alao that the parking ~paces behind the buildinga need to be more
clearly marked.
Mc. Buct explained thi¢ expaneion will not increaae the parking demend beaause
no employee or patienta will be added and they will not be expending their
outpatient facilitiea.
THE PUBLIC HBl1RING W1~S CLOSBD.
Commiasioner Hecbst aeked the ectual bed usAge ducing timee when parking was
gtudied.
Mr. Buct stated it is as+~umed the bed ueege would remain constAnt and that the
critical is$ue is the outpatient clinic dnd the hoapitel wes essentially full
with 187 in-patiente.
It was clerified that even though the hospitel ie licensed for 242 beds, ite
capacity ia actually 187 beds and that is the ~peration they are comfortable
with in thie facflity.
Commisaioner Herbst stated the City ordinance requirea 1562 apacea and there
ace 950 epacea proposed and he had no disagreement with that at thie ti~aet
however, if and when the TraFfic Engineer s]ecided ehere is a need for more
parking, if this operation doea grow and he wae sure it will gtow, he wanted
the petitioner to agree to provide more p$cking spacea.
llr. eurt stated certainly in the paet they have worked cloaely with the
Planning and Traffic Depattment staff and will cantinu~ to do eo, but was
concernad about agreeing to do speci~ic things such aa building a perkinq
struature. He etaLed there are a number of thinge that can be done with the
axisting site auch as rastriping the ewployees parking lot for coarpact epacee
whict~ wouid add co~siderdbly to that lot.
11/14/83
I
E
MIN~'a`~S, ANJI~IBIM CITY PLJINNING COM IBAI~ NOVEt186R, 14. 1983 83-7Z3
Camtaiasion~t Ei~rbat ~tat~d ~~ wa~ concetn~d about th~ c11!l~r~nc~ b~tw~~n the
numb~c requicod by Cod• and the nun~~r pcopoaed and if r~~tcipinq tihe lo~
provid~s rh~ apaea~, h• would not h~v~ e pcobl~~a wl~h that. Mr. Burt ~teted
th~y cannot q~t to Co4e by testriplnq. H~ •t~ted th~ conauitant wocksd v~ry
cloi~ly with tht City Tc~ffic Bnqin~sr, snd of coucs~, thsy Nould be egrasabl~
to continuinq to wnrk with th~m to provid~ additional parkinq,if it is
datermi~ed thet pecking i~ ne~d~d,but it ne~d• to be e coopecativs ~ffort.
Con~mio~ioner Herbat atat~d if th~ Tte!!ic D~pactment meka. the Atudy and
det~rmines more parkinq ia ne~cesa:.ry, the condition doesn't say how they are
to provid• tha •pacea, but ho~pitale are notocioue for needing more perking
and th• employ~es park in front of homee in the acee and that hda elraedy been
ha~ppening to a cerkain degree st thie locetion.
Mr. Burt ateted they do not want that to hsppen and the purpo8e oE the atudy
waa to show thd Commission that tihe peckin9 lots ate not being utilizod to
full capecity.
Commiseioner Le Claire atated tha Petitioner had indicated a~t the previoua
hearinq that the hospital was not operating to capacity and the Commiesian
diocussed the growth exp~cCe~ in the coming yeart however, i~f they do not
grow, there will nevec be s perking problem. She etated it ia up to the
Planning Commission to make aure a problem does not develop in the area. She
aaked why the hoapital duea not went to execute ~n agreement to prnvide
additional parking if needed in the future.
llr. Burt atdted they do not have A pr~blem workinq with the City to reaolve
any parking problema, but they do have ~ problem dgreeing to build a patkinq
etructure and to providing a bond to quararttee conetcuction of a atructure.
Commissioner Bushore steted ihe Cownisaion has never had a problem with other
hoepital repcesentativee ~gzeeing to auch en agceement and that e bond cuuld
only be provided Foc a specific period of time, ao he did not think that ie
the iseue. He stated he remembere the discuesion pertaining to the bed usaqe
and it was indicdted rhie facility could not poeaibly go to the maximum usage
of 242 beda.
Mc. Burt atated they dre op~retir>g at neAr capacity now which is 187 beda.
Commiasioner Bushoce asked how the celculations baaed on full occupancy of 242
beds would effect the parking requirements.
Mr. eurt etdted it ie the outpa~tient opere~tion whi~h ptovides the parking
burden, cather than the in-patient operdtion,and with both clinica an-eite,
they ere et the ~nd of the condittonal nae pecmit as far as adding to that
clinic area.
Mr. Burt responded to Commiesioner Buehote that the hoepital owna the employee
patking lot acrosa LakevieM.
Coounissionet Bushoee stA:~ed I~e 8id not think the Commission will approve this
without t-n agceement ~nd if there ie no ptobleta, there is nothing ~o worry
~about a~d if there ia a problem, it is a~lready solved with en agreement. He
etated ths petitionez agreeing i:o woxk wiCh ataff doea not resolve the parking
probleae. 11/14/83
~„NUTeB. 7-Nl-~RIM `CI~ W-NNINQ COMMI68IQN. NOVT.M9Q1R a 4,_,1~93 ~3-_ 714
Mr. 9uct •tat~d h~ do~• not know wh~k typ~ aqr~~m~nt th• Conaala~ion h~~ i~
~aind •nd paint~d out th~ Cowuaia~ion ha• th~ juriaCictiion o! lookinq at
canditilonal u~• p~r~aits i! tih~c~ is a probl~m and th~n condition~ could b•
modili~a or add~d snd it io dilticult to det~r~in~ how many spac~o would b•
n~a~~~ar.y or how bi9 th• parking •lructur~ vrould hav~ to b• at thi~ ti~a~.
Commi+taion~r La Cl~ir~ stet~d th• Coaaniaaion wank• .in ~qc~~m~nt which ~ay•
that at euch tiae th• Tre~ific Bnqinsec d~t~t~ain~a that th~te ia a packinq oc
tr~flic probl~m caused by the op~ration o~ the ho~pital or tbe medical
o!lic~~, th~ prop~rty own~r will pcovide additional parking a~nd it doean't
mean a parking atructurw haa to b~ provided.
Mr. Burt ateked th~y wiil egr~e
Cheicwomen Bouse atated the petitioner hes r~ceed to resolve the problems if
the Tratfic Bnginaar aaya there ie s parking pcoble~nt end that ahe was oure
thty woulc~ continue to encoucage their employeee to park in tha employees'
pACking lot inatead of on th• stceet, end th~t the employe~• parking on the
aire~t probably mak~a it eppear thece ia e pecking pcebl~m when there really
ian't one.
Kendra Morciea, 1-ssiatant Planner, read a condition impoaed on W~st 1lnaheim
Community Hoapital as followe:
'That prior to iasuance of building permita~ the owner of subject pcoperty
ehall record a cov~nent, in a focm as a~pproved by the Ci~y Attorney,
providing that if, in the future, the City of 1-naheim conducta a traffic
atudy and determinea that exieting otf-street parking ia no! adequate, the
owner of the property shall conatruct e perking atructure or pr~ovide
additional parking specea in the number end focm as detecmined ~o be
neceaaary by tha City Traffic Bngineerj and that a feithful pecformance
bond or a letter oL credit or other quarentee accepCe;ble to the City ehail
be posted in an a~aount ae deterw~ined by the City Traffic Engineer to
quarantee installation of said packing facilitiea•.
Jack White estaied a bond has to be foc e definlte period of ti~ae and the
Commission neede t~ ~atabliah e time period wichin which a atudy would be
conducted and the problem would either be cesolved or the condition would be
waived within a certain periud of time and in the past it has been from 2 to 5
yeacs and if, ducing that time there is no atudy and there is no ~arking
problem, the condition would be de~med to have been eetisfied.
Commiaaioner La Claire stated thia ia a conditional use pac~ait and there are
two kinde of cantco~ over the problen, one is that the applicant has agreed to
enter into an agreement with the City a~nd the ott~er is the conditionel use
permit itaelf.
Jack White etated the covenant o~ly givee notice to anyo~e purchasinq the
property in the future that there ia thia obligatio~~ and in the event e
parking inadequacy ia determin~d, there would be an obligation to satisfy this
condition and if the 8dditional parking is not grovided, the permit could be
revoked for failure to aomply.
11/14/83
~ . Y~~
MIN~TSB. ANi~~xM CITX PWUiNxNG CQI~NISBION. NOV6MDeR 14. s'3 63'7ZS
J~ck 11hir• •t~t~d in •o~~ ca~~~ bond• w~r~ not c~quir~d and i! on~ ~~
c~quic~d, it wouid •~cv~ us liquidat~d da~~q~a in th• •ven~ th~ packiny
•tcactuc~ wa• not construct~d or •paa~s provid~~ end it would b~ ovailable to
th~ City upon pc~~~nt~tion o! th• p~ckinq obliqation.
Coaaisaion~r Bu~hor• •~~ttd h• di:d not tihink ~ bond 4hould be raquired and
Commissi~on~ca Ld Cl+ric• •nd H~cb~t eqr~~d. Co~uai4~ion~r H~rbot •tated he
would qo along with th• cov~nant becaus• o! ltaiser's inteqrity.
11CTIONs Commioaion~r N~rbat otf~red a motion, s~cond~d by Coamisaion~r King
and MOTION C1-Rtti6D, that the Mah~i~a City Planninq Coaiaiis~ion hae ceviewed th•
propo~al to •xpand an existing l;oapital with wa~iver of minimum number of
p~cking spacea on an irc~yulacly-ahaped narc~l o! land coniiatiinq ot
approxim~tely 9.6 acces locAted st th• northw~~t corner of Rivecdsle 1-venue
and Lekfview 1-v~nu• and iurthec d~~crib~d as ,441 North Lakeview ~-venue
(Kais~c loundation Ho~pital)t and dooa hereby spprove the Negativ~ Decla~retion
upon findinq thst it hea conaidared the N~getive Declaretion together with ~ny
coaimenta roceived during the public r~view process and lurther finding on the
baaia of the znitial. Study and any coaunenta rec~iv~d thet th~ca is no
aubatantial evidence that the project will have a eigniticant eifect on the
environm~nt.
Commiasioner Herbat offeced a~ motion, aeconded by Commisaioner ery a~d MOTION
C1-RRIED, thet tha 1-naheim City Planning Com~ai~cion do~s hereby grant waivec of
Code requittment on the basis that the packing waiver will not cause an
increa8e in traffic congeetion i~ the immediste vicinity nor adveraely a~fect
a~ny adjoining land uses and gcanting of the parking waiver under the
conditione impoaed, if any, will not be detci~aental to the peace, heel.th,
eatety and general w~lface of the citizana of the City of Anahei~.
Commisaioner eerbst affered Resolution No. BC83-210 and moved for ita paseage
and adoption that the 1lnahefm City Planning Co~nmiesion doea hereby grant
Conditiondl Use Permit No. 2459 pucauant to 1-naheim Municipal Code ~ections
18.03.030.030 through 18.03.030.035 and aubject to the petitioner'8
stipulation to provide a covenant with the City to pcovide addit.ional parking
if the Traffic E~gineer conducts a ctudy and datexminea Additional parking ie
needed within a 5-year period of ti~ae and subject to interdepartmental
Coaimittee ceco~ame~dationa.
Jsck White explained the covenant cnuld continue foc as long ae the Commiesion
deairea. He aaked if the Coaimisaion intends to require e bond. Commissioner
Herbat indicated he would not include the requirement for e bond in the motion.
On roll cell, the foregoing resoluti.oa was paaeed by the following vote:
J1YS8 : BOU11S ~ BUBHORE, FRY ~ HBRB3T, KING ~ I.~ CLIIIRE ~ MC BURNEY
NOBS: NONE
AB$BNT: NONE
Jack White, Assietant City J-ttorney, pcesanted the written right to appeai the
Flanning Cowniasion's dec:eion within 22 days to the ~City Council.
11/14/83
~
~NL+T~11~1J1qeIM ~ITY P NING COMMI88xON. NOVEMd6R ly, 1983 83-7
~'BM NQ. EIR N~G~-TIY~ D6CL11RATIQN 11ND VJIRIANCa N0, 3345
PUBLIC 8BJ-RINQ. OWN6RS: HUGO l1. VI-=QU~:, 619 8. Liv~ O~k Dc i.v~, J1nah~itn, Cl-
92805. Pcop~rty d~acrib~d a• • c~ctanqularly-ah~p~d pacc~l oi l~nd consi~tinq
of •pproximat~ly 0.2 acr~, 129 8outh M~lro~e Stc~~e.
Waivets o~ minimum lot area per dw~ilinq unit (Q~l~tad), m~ximum aeructiural
h~iqhtr maximum sit~ cov~caq• (d~l~t~d1 and minimu~n aidayard ~etback to
consttuct +~n 7-unit aflordabl~ apartm~nt complex.
Continu~d trom 8~ptamb~r 19, Octobet 3•nd October 31, 1983.
Thsc~ w~rM fiv~ psraono indicating kh~ic preserce in oppoaitian to aubiect
c~qu~at ene althouqh the •ta!! report was not cead, it ie referred to end mede
a p~tt oE the minukes.
Commiasioner Bu4hoce explein~d he had declared a conflict of interest
pr~vioualy on the basis that he is a contractuel agent for the Redevelopment
1lgeney and this is in the cedevelopment areat kheceupon Commiasioner euahore
legt th• Council Chamber.
Hugo Vazquez, owne[, expla~ined revised plana elimineted one of the unita and
thst one of tha main concerna the Commiasion hacl at the previous meeting wae
that at least a 5-foot aideyArd aetbeck would be pr.ovided and that we~ done
and elso two othec requeeted waivecs heve been deleted. He explained he ia
only requeating a waiver of the maximu~a atructure height and aiAeyard setback
and pointed out the project doee meet the Code requirements for parking dnd
that a epa hAa been provided along with barbecuea in the cear.
Lloyd MeCord, 128-1/1 S. Melcose, pceaented a petition of appcoximately 29
signatuce~a which statea they protea~ the planned conatruction of the apatkment
complex beceuse they feel it will cceate congeatfon in the neighborhood and a
tremendous parking problem. He added they would like to preserve the
chara-ctec of the neigR-bochood and felt thia so-ca~lled affordable housing might
de8tcoy the livability of the neighbochood they now have.
Pamela Robinson representing the Central City Neighbochood Council read a
letter and preaented a copy to the Commieaionere Nhich ba$ically fndicated
they are opposed to the reque8t becAUSe their organization'a objective is to
upgrade and improve the neighborhood and this is a request for variances and
it will have a 8evere negetive impact and eet a bad pcecedent~ and ~hat poor
quality devalopment is not acceptable end they feel there will be more
requeste. A copy of the letter is available in the Planning Department file.
Hugo V~zquez atated this building will be the first building built under the
new parking requlrements end will be the buildinq with the moat park:ng
requited dnd there will be access through the alley and in front of the
building and referred to other apr~rtment complexes in the acea which do not
meet the pazMing requirements. 8e steted he would be happy to enter into any
covenanto that might preeerve tk-e qualiry of the area. 8e steted he did nut
think th~ concecna wece ao a~uch the denaity, but the quality of the project
and he has diacuased an association with duas to maintain the pro~ect. 8e
statied he feela tha quality is very good and these will be very livable a~d
11/14J83
~Y ~ : 1
TEB. ANANRIM CITX PLJINNING CONMI88ION. NOYEMd~R 1~, 1983 83-7~7
~!lord~bi~ un~ta. H• point~a out th~r• ~c• ~ajor ao~ua~roi~l builainqs b~inq
d~v~lop~a in th• •rea ~nd •tat ~d ~h~c• is • n~~d for houainq and th• area i~
b~in9 c~habilitet~d. H• atat~d h• is Mi.liing to li~ti~n to ~ny •uqq~ationa to
m~k~ thir a qu~litf pcoduct.
THB PUBLIC H6ARIN0 WAS CIASBD-
Coaais~ion~c H~rbot atat~d if th• p~titioner h~Q submitted a plan in
aonfo~taenc~ with Code, an epa r emen~ compl~x could b• con~tructed without thie
public h~ecing. H~ aaked if tt~u attuctur~ height waiv~c is required becaus~
o! the 10-loot setback.
Kendra Mocrifa respande4 if t h~ petitionec reducea the heiqht of ths
~tructure, s l~saer astbeck be twaen S to 10 f~~t would be cequired.
Coauaioaioner Harb4t aomparad t his project with others which have been approv~d
in the downtown srea and ateted it comes closer to meating the Codea then sny
of the othfce end th~ only wa ivera requested ace the sideyerd setback and tha
atructure height.
Commissioner Xi~g referred to the othor atructuces in khe acea and ataked this
would be upqrading the pcope r ty and aaked if the building would be the same
height As the stcucture to the eouth. Mc. Vazquez ceaponded there would be a
dilference o! el,out 1-1/2 to 2 feet. He stat~d the height v~aiver ie cequiced
to meet today's parking requ i remenks of 20 apacea for 7 units.
Commisaionec La Claire atatea ehe haa no problem with the 2-loot difference,
eapecially after aeeing the design of the pcoject, and ateted ahe thought it
1s a nice looking building and the difference is not dettimental.
Re~~p~~nding ko Chaicwoman Boua a, Kandcs Morries explained the pesking
ce~au:~ram~nts are 2.5 spac~s pec unit regardlesa of the nise, unleas there are
berhelor units.
Coamissionec Le Claire stated ahe would vote in favor of this pcoject becauae
all the problems have bee~ • limineted and ewat of the waivers deleted and the
reque8t is minimal and thia ie a very nerrow lot.
ACTION: Comtaisaionec La Cla ire offered a arotion, 8econded by Commis~ioner
King and MOTION Cl-RRIBD, that th~ 7Viaheim City Planning Cownission has
reviewed the pcoposal to constcuct a 7-unit affordable apartment copiplex with
wafvec of maxitnum structura 1 height and minimum sideyard setback on a
reote~ngulerly-ahaped percel of land consieting of approxi~aetely 0.2 acre,
having a froutage of appcox iwately 68 feet on the west side of Melroae Street,
having a ~aximum depth of approximately 141 feet and being located 400 feet
north of the centerline of B roadwa~y and further described ns 229 S. llelroae
Street= and doea hereby appr ove the Negative Declaration upon finding that it
haa consideced the Negat;[ve Declaratian together with any coonnents received
during tbe public review pr ocese and further finding on the basie of the
initia~ Study and any com~oeAts received thet there is no eubstential evidance
that the project will have a signif icant effect on the environment.
11/14/83
~~T~S ~~~e1p ~ITY pI.~~MpIMG COMMIB&ION. NOV8MB6R 1.~993 ~
Co~-ia~ion~t I.a Cl~ic~ o!l~csd R~solution No. PC89-211 ~nd ~aov~d tor its
p~~aaqe and adoptiAn th~t eh• 1-n~h~itn City plannin9 Cowuai~sion clo~s hsc~by
qrant V~cicnc• No. 3345 on tl~• b~~is eh~t thoc• ec~ ~p~chal location~ot'e
~pplic~bl• to tha pcop~cty ~uch es six~, ahepe~ topoq +~p Y~
aurcoundinqa ~hich Qo not spply to oth~r id~ntioall y soned pcop~~ti~~ in the
vicinity and th~t srrict applic~tion of th~ Zoning Cod~ d~pcives tht pcop~rty
o! privil~q~~ en~oy~d by owhec pcoperti~• in ident i cal soninq classitication~
in the viciniia v~r ~narrowb~and ~ubjectitocInterd~pactm~ntaliCommittee that
th• prop~rty Y
cecommendationa.
On coll call, the Eoc~going reiolution was peeoed by the Eollowing vote:
1~YBSt BAU118, PRY, HBRBST, KING, Ll- CLAIRR~ MC BC7ANEY
NOBB: NONE
1-BSBNT: BUSHORE
Commieeionec Hecbet pointed out to thoae presant i r opposition thet th•
petitionet cauld conatruct an apactment complex on thie propecty without e
public haaring if he had built to Code end the Coa~ni~aion would not have had
a~ny control over the atructucal haight, ekc~
Jeck White, 1-sai~tent City J-ttorney, presented th~ writte~ right to eppee~l the
Planning Commiasion's decieion within 22 daye to ~he City Councii.
Cs-~`~'""' h,~,.,~..^. ,-,~LN.,,..~.~-_ t... ,tYE. ., ,,,~-. i _
_ ____ ...,~,,.,~ .~n v-ot-NCR NO. 3350
PUBLIC t161-RING. OWNERS: 1-LPR~DO SILVO CBHJ-LLOS, ET AL, 42$-1/Z S. Melrose
Stceet, 1-naheim~ CI- 92805. Propecty desccibed a s a~ectangularly-sheped
parcel of lana consieting of approximately 6,375 square feet located at the
noctheast carner of sante Ana Stteet and Melcose Stf~~t~ ~28 and 4?.S-1/2 8outh
Melcose Street.
Waivera of: (a) minimum vehicular accessway, t b) minimum number and type of
parking spaces, (c) minimum lot area per dwellinq unit, (d) maximum lot
covecege (deletminimum,eideya~d setbackrldeleted~~to~retaindanaillegal~ack
(deleted), (g)
dwelling unit and to construct a garage.
Continued from October 3 and October 31, 1983.
There waounh the staffareporthwas not8rcad,iit~i~~~eferced touandcmadeqaepert
and alth g
of the minutes.
l~lfredo Cebdllos, owner, wa~e present to anewec any questions.
TgB PUBLIC HEJIRING Wl-S CLOSED.
Coamiesioner 8erbst atatad the petitioner has v faolated alawst every BU=ove~9
Code and clarified that the patitionec undecetagds that if this is app
he has agreed to construct according ko the wou 34•bec~n~improv~ment•bbut8thatd
he thinks whetiever is done to this pcoparty
it has to be done to City gtandarda. ee expla i s~ed Codes are necessary to mak~
structures safe for everyone.
11/14/83
~IN~TRB. ~NII~~IM CITY PL~IiNING COMMI88ION. NOViMBBR l~L 1963 ` 8_ 3-719
Mr. C~b~llos stat~a h• will co~ply with Cod~~.
Co~uai~iioo~c Buahor• aak~d whsth~r or not th~ buildinqa c~n be mad~ to me~t
Cod~~. K~ndce Norrie~, lla~ieL~rnt Plann~r~ ~xpl~in~d statf haa b~~n aorkinq
vRCy closQly with th• p~tition~c and kh• euilding inapectors h~v~ explained to
him MhAt would have to b~ done end that City rtat! has not qiv~n ~ny
aaeurancea thet sv~cythinq could b~ in lull compl.iance with the Oniform
Building Codes end the r~etitioner has be~n in~ormed thAti i! it csnnok be fixed
accordiny to Codea, it will have to be cemovod.
Mc. Ceballoa atated he underakenda.
Cotnmiosior~sr Bushora noted the City Traffic Bngineec ha• Found that the
propoaed perY~ing will b~ ineufficirnt and referr~d to the project appcoved two
blocks away Go the norkh with leas density and e parking problem wher~ the
applicant was required to rwviae his plsna and provide more psrking epacee.
He atated he thought approval of thia would be eimply iuetifying whet has
already baen done illegally.
Commiesioner McBurney pointed out this haa not been epproved aa yet end etated
tha project refecced to two blocks away wae new conatruc.tion and thet this is
an exiating condition. Commisaioner Buahore etated what ia there ia not
sufficient and is very queationeble.
Paul Singer, Treffic Enginear, atated the propoued parking is vF aubatandacd size
and sul~standar~l configuratior. and thece is not enough space to back out into
the alley without see-aawing and it does not meet eny of the provielons in the
Parking Code in design or number.
Kendra Morries stated the original request was to t~ave two existing unite etay
and a third illegal +~ddition be retais~ed as e third ~eparate unit which would
cequire 12 parking spacea and now he is combining two of the unite for a tot~l
of two units requiting 8 perkinq spacea (4 cavered and 4 uncovered).
Comwissionec Buahore pointed out on2y 4 spaces are proposed. Kendra Morries
expldined the Code requires that each seFarate unit be treated as a
single-family residence becauee they ere detached unite reyuirinq 4 spaces and
the previoua project mentioned was cunsidered as an apartmenk complex. She
explained he now has a substandard two-cer garage and is pcoposing to add two
open spaces adjacent to the gara5~e.
Commissioner La Cleite atated this is A pce-ex.teting situation and ahe thought
the petitioner has made an effort to upgrade the property and will meet City
Codes and she cealizea there is n parking shortagej however, there is
on-etceet parking and thia will provide 4 spacea and even if it is dertied, the
gataqe will remain without the two spaces. She stated the main problem ie the
patking shortage.
Commissioner Herbst stated anything will be an improvement and if khia ie
denied, it will etay the way it ie and approvel will require that the
building8 be improved.
11/14/@3
MIN~TSB. ANA862M CITY PLI-NNSNa CQNMI8SION. NOVEMBER 1~. 1983 83-730
CTI N: Co~iasion~r La Clair~ ofl~rod a motion~ s~cond~6 by Coau~i~oion~r
King ~nd MOTION Cl-RRIBD ~Coma+issioner 8ushoc• votinq no), that the Anah~im
City Planniny Coaai~sion h~• c~vi~w~d th• Propo~~l ~o c~tain ~n ill~qel
addition to ~ d~tech~d ~i~•gl~-Lamily dw~llinq unit with waiv~r oE mini~u~
v~hicul~r nccesswny • minl~um numbRr and typ~ ol parkinq apac~a, mini~u~ lot
acea p~c dw~lling unit ~nd minimum floor ar~~ on e r~ctangularly-sh~p~d parc~l
o! land consistinq of approximat~ly 6,375 aquar~ l~~t loceked at the nocth~aat
corner o! eants ~na 8tc~~k end M~lcoas 8tr~~t end [urkh~c d~acrib~d a~ 428 and
418-1/Z S. Melco~e 8trestr and Coea h~ceby appcove th~ NegAtive Declaration
upon finding that it has conaidec~d thr N~rgetive Declaration toq~ther with eny
comm~nts c~ceived during ths public ceview proce4• end further linding on the
besia ot the initial Study and any co~uaents r~ceived that thece ia no
aubstantial evidenc• that the proj~ct will have ~ siqnificant ettect on the
onvironment.
Comtaioeioner La Claire off~rad Reaolution No. PC83-212 and moved for ita
psasag~ and adoption thet the 1-nsheim City Planning Commieeion doee hereby
grant Varianrp No. 3350 on the baAis that it ia a pre-existing etructure end
thore ara apec fll circumatancea applicable to the property ~uch ae aize,
~hape, topography, location or surroundinga which do not apply to othec
identically zoned property in the vicinityt end that atrict application of the
Zoning Code deprivee the property of ptivilegea enjoyed by other propertiee in
the identical zone and claesification in the vicinity and aubject to
Interd~parCme~tA1 Comm~ttee recommendatione.
Commiaeioner eushore atated appcoval of thia would actually be telling other
people thAt if khey build illegally, whether the atcueture ~eeta Code oc not,
when it becomea pre-exieting, they cen coae in and get appcoval.
Commiseioner La Claire atated ahe ia offecinq the reaolution for anproval of
thia veciance on the basia of the conditions of the p~operty and the atea in
which it is loceted and the way the gsrage has elceady been built and th~ fact
that the street neede impcovement and also thet thie will be adding tMo
additionAl parking apacea and she did not think it would be aetting a
precedent.
Chaitwoman Bouas clerified that this approval would be for two units only and
it cannot be eonvected to three units leter.
Commisaioner ~erbst stated he w~nts the applicant to undecstand that he must
comply with all the conditions of the staff report.
On roll call, the foregoing resolution was passed by the following vote:
1-YB~,: BOU1hS, FRY, BERBST~ KING~ LA CLAIRE, MC BURNEY
NOES: BUSEiORE
ABSSNT: NONB
11/14/83
~1~T~8. J1N11El~21 CITY PW1lINING COMM_I88IS,N,,,R,~~~.~,!s.,~,.,~_e.3 83-73~
pOBLIC He1-RINO. OIVNRRB: aLORI11 !!. MILL6R~ 80 H~tbo[ Ridg• DRiV~~ N~wport
B~ach, Ca 9Z660, DO~tOTHY H. gURL6Y, 22 Ch~ccy Eliils, Nawport B~ach, CA 92660.
ACiBNT: G.G.p. 11880CIATltB~ zNC., 2498Z 0~1 Mont~, L~quna Hill~, CJ- 92bS3,
]1TTSNTIONs BILL PBNB. Proparty d~acribod as a c~etenqularly-,hap~d parc~l
o! land conai~tinq of approximetely 3..74 ~ct~e, h+~ving a trontaqe o!
appcoximat~ly 27Z l~~t an the 4outh aide o! eall Rosd havin9 a maximun~ dspth
o! sppcoximak~ly 279 l~at and being loaatad appcoximately 260 le~t weot o! the
cenk~rline of Maqnolia 11v~nue and lucth~r d~scribed as 2620 Weet Bali Ro~d.
RBCI.l188 REQUBST: To chang• prop~rty Ecom the R8-A-43,000 (Reaidential,
1-gricultucall Zone to the RM-1200 (R~sidential, Multiple-Family? Zona.
CUP RBQUBSr: To p~rmit e 79-unit aenior citizena apactment complex with
wsivera (a) minimum building aite srea, (b) meximum etructurel height, (c)
maximum site coverage ,(d) mi~imum floor er~a, (e) minimun-
cecraational-leieuce area, (f) mini~aum area ot pcivate cecrestional-leieure
dL@dY~ (q) pecmitted encroachm~enta into requiced yacda and lh) minimum
distanca batwean buildinga. iWaivere wete deleted by reviaed plane).
Continued from Octobec 17, 1983.
Th~re wae one person indicating his preaence in oppo~iLion to aub~ect request
end although the staff report was not cead, it ie ceferced to and mnde a part
of the minutea.
Joaeph Goubert, 5015 eicch &tceet, Suite 7, Neapoct Beach, G.G.P. l~ssociates,
Inc., presented two illu$trationa of the project and explafned they will ~e
providing a garden-like atoosphece and thera will be a aecure feeling within
the aoa~plex and that pcivate and personal touche~ will be added to each unit
and they will have better access to parking, close proximity to neces8ary
shopping, transportation, recreational facilities and freeway accesa.
l1r. Goubert atated the need for new apartments in Orange County hae been
estimat~d et 12,000 uni.ts per year and that tha~t ehortage is exgacted to laet
over the next 10 yeare and the demand foc senior citizen unita ie increasing
at a rapid r~te. He ateted thie proiect ia deaigned ta provide emall
well-constructed unita foc eenior citizene nt a reasonable rental cate and
tt~ey ace geared to the needa of the singla aenior citizen and thet they are
eaey to maintein and eaey to furnish dnd heat.
Bugene MacMaeter, 1665 S. Brookhurst, Suite l-, ~-naheim, read a letter from
Fred sidlack ae follows:
'We are the property ownece, one propecty removed from the land
now being considered for a variance. Our property ie a
aingle-f~uaily dwelling approxie-ately 2 acree wbich we hAVe
inhabited for over 15 years. We feel that the incceaae in
de~eity being requeated by the appllcant will result in a
heavier tcaffic avexflow and over-uae of the public
cunveniencea. in the event w~ build in the future, couid we be
denied a reasonable request for variance~ becsuge of these
11/14/83
~„~Ya6o. A~:.~eIM CITY PLANNING COMMI8820N,` NOV~~B~R 14. 1983 _ 83-T3Z
•xc~aita? Z! ao, this would obv~au~ly d~t~r th• futura
d~v~lop~~nt ot ouc pcop~rty and couid r~ault in e cocr~~pondin9
d~valu~tion. W~, th~r~tor~, c~sprctfully r~quest that any
varianc~~ tha~ mor• than :liqhtly increa~• th~ density b~
de~i~d'.
Mr. MecMa~t~r al~o read a 2s~t~c lcom ~ernard B. Blu~e adj~c~nt pcoperty ownec
to th~ w~at which indicat~d oppooition to the waiv~rs beceuae o~ the invasion
of their priv~cy and that it would j~opardise iheic aecurity. Also opposition
wa~ oxpreoeeG regarding the cacpurta beinq 5 feet Erom their bodroom and
bethcoom aresa and that theic requ~st Eo~ ceclaasification could be denied
bacauae it could esteblieh a pcecedent~ ~nd due to economics ths owner could
bend the age rule and ellow ~theca to ront the unit end this would increase
the uae o~ public fecilitiae auch sa aewerA, etc. A copy of the lettet is in
the Plenning Depactment filea.
Mr. Goubert etated they would i~crease the height of the wall to 8 feet
between the ptopectiea. Conosrning traffic, he eteted if ths property was
d.v~loped at 36 units pec acre, as permitted by Code, it would generate
appcox~mstely 3 peraons pec unit or a total ot 189 people, aa opposed to e
maximum of 126 peraone for this project. Concerning vehiclea, he atated if
tha pcoperty was d~velopad at 36 units pec acre, it would genecate
epproximately 126 automobilee, compaced with d maximum oE 79 fot thie project.
THB PUBLIC HEI-RING WA3 CLOSED.
Commisaionor Bushoce atated originally 8 variences wece requeated ahen the
projeck was propoaed to be mix~ed with senior citizens end youngec peoplet
however, thoae variances have been deleted, ao it ia now pcoposed es a 100•
eenior cit~xen+a complex.
Chairwoman Bouas asked how the age limik could be contcolled. .1ack White
explained one of the conditions could be that the occupancy of the units would
be limited to a maximum of two people, one of which wauld be at least 55 yeara
of age and thet the owner would be cequired tA record a covenant to that
effect and if there was a violation, it could be enforced and normally the
City would find out if there was a violation throagh complainta. He atated it
could be enforced through civil action and that t..~ c~nditional use per~nit
could be revoked for non-complience.
Chairwoman Bouas asked how mAny pdrking apaces would be required if this was
not for senior citizens. Rendra Morries replied the packing tequir~ment would
be 2.5 epaces pec uni.t or 178 apaces.
Chairwomdn Bouas stated she thought people in the 55 age group would atill be
driving and that hec concern would be that ~aany of them could atill be working.
Coma~iasioner La Claice asked if n study wae conducted as to the need for
aenior citizen housing and the rente that woulc] be charged. Mr. Goubert
atated they had originally discussed thie with the City's 8ouaing Depe-rttaent
artd that they have skudied the market and the rents would be from ~350 to ~390
per month dependinq upon when they wece comple~ed and that all units would be
rented in that price range.
11/14/83
INUTBB, ~N11HeIM CITY PLIINNINO COM~I~ION. NQV6M~aR 11. ~ 83 8~-_ 7i33,
Commissionec La Cleir~ ~te~~d th~r~ is a doube wh~th~c or not th~ d~v~lop~r
h~d •tudi~d thia pcoj~ct as thotouqhly a• ha should beaau~e ah~ l~lt alt~r
they ar• built, th~y would not b• abi• to r~nt th~m tor those smounta steted.
Commi4aion~c Pry stat~d he waa conc•rned becaus• all the waiveca ware
auto~aaticelly ~liminated ~u~t bacausa th• d~velopecs had deciQeQ ko go 100•
s~nioc citis~n housing. Comaiiosioner Bu,hoc• ateted thia will be the fifth
aunior citis~n proj~ct approved, none ot which had a~ny atandarde estabiished
to go by, and thouqht msybe it is time tho City ohould set some standarda. He
ateted h~ do~a not dislike the projecr end haa no problem with tha eetbeck• ar
carports becauae of the aurcoundinq propectiea and th• lact thet the edjacent
praperty do4s have a reeolution oi intent to multiple-family end pointed out
Aleo a 108-unit complex wao pcevioualy appcoved foc thie propecty.
Jeck Whit~, 1-saistant City 1-ttocnoy, ateted the Coda wa~ recently updete~ to
provide that aenior citisene pcojacts wouid have their development atandards
det~rmined on ~ach individual case by the Cammisaion or City Council and the
Code doea define that the Planning Coa~ieeion does have the diecretion of
aetting atandardo and ie not obligated to eppcove the conditional uee permit
aimply beceuse the veriancee ate nv longec there.
Commiseioner Bushoce aeked if thia developer has ever built a aenior citizen
project and Mr. Goubert replied he had never built a senioc citizen project,
but hae developed ~pactment complexee and he would be the owner and builder.
8e stated he could reduce the number of packing spacea end provide more
recreational area and increaae the unit sizee.
Commiesioner Fcy atdted he does not object to the eize of the unita and he did
not want the perking reduced. He stated he is concerned about the density on
the ovecall project with 56 unita per acce pcoposed and he felt eppGOVal could
be aetting a precedent.
Commiseioner Herbst stated othet aenioc citizen projecta have been appcoved at
68s and there ia usually only one pereon reaiding in one of these units and an
aparttaent complex would generate mote people per acre. ee steted the
automobile density would also be leaa.
Chairwoaaan Bouas aeked about the enccoachment into the neighboc's yard end
Commisaioner Herbst clarified that the 8-foot wall would be the back-up of the
carpocts. llc. Goubert etated staff was also concerned about the overall
appearance of the carpocts and they would be having posts and beama and
drainage ~rou18 be back onto their own property with a flow gutter down the
center of the driveway.
Commieaio~er Eierbst refecred to the 150-foot aetback Commisaion policy and
asked if a line-of-sight from the apartment bouse second storiee into the
neighboc'8 backyard had been conducted. Mr. Goub$rt stated the bottom of
their deck would be approximately 12 inches over the top of the wail and he
ha~d not done a? ine-of-aight.
Mr. Goubect atated aome type of ecreen would be poeaible until the u~e of that
ad~ecent property ie changed. Cowaiseioner Hecbst agreed that could be a
po$sibility eince there ie a reaolution of intent to multiple-family on the
adjacent property.
11/14/83
_ ._..__._...,..,~.~»~
NUT6$, ANRNBIM CITY ~Ir11NN~Nf~CO~l~M~$~ION• NOVEM86R 14•_ 1983 83-73~
Coiamisaionor !ry point~d out c~c~nt epQcoval toc • mot~l r~quir~d th~ own~r to
put up ~cr~~ning on th• individual patio ar~aa. Mr. Goubert c~pli~d h• f~it
•crt~niny would defsat the purpoae o! th~ balcony.
Mr. GoubecC at~t~d th~r• would be approximat~ly 4 unita which could view tho
neighbors' pool.
Commis~ioner Herbst augqeaked a louverec~ type ecre~n on top of the ce~rports to
block the view.
Co~unissioner La Claire atated she could undecatsnd why the neighbora would not
want aom~on~ ro look into th~ir awiauning pool and they hev~ had thet privileqe
oE privacy foc A long time, but if 2-atoty houaee were conetructed next cloor,
those people would be able ko look right down into Gheir property an8 there
would not be aa meny people in a a~nior citizen'8 project ae thece would be in
eingle-Family residences.
Renponding to Commiasioner Herbat, Mc. Goubect stated it is eppcoxima~tely 56
feet ftom the fcont property line to the patio acea.
Commieoionec McBurney eteted if there are 2-stocy condominiums in Tra~ct 11568
near the west propecty line juet to the eouth, thoee people would be able to
look right into thnt pool. Mr. Goubert replied he did not know, but thouqht
there were some decka on that eide of the condominiuma.
Commiaeioner Bushore referred to the senior citizen projects previously
appcovud and etated eome of thoae units were coneidered affocdeble. He eaked
what the diecueaions were concerning affordability with the Houaing
Authority. Mc. Goubect atated he had diecuesed this project on two occaeions
with the Housing 1~uthoriky, but did not pureue the issue.
Commiaeioner Bushoce stated this ia a 53i density increase and the renta being
discussed are li350 to ~390 per ~nonth and po~nted out a one-bedroom epartment
on today's market can be rented for ~350 and a tao-bedroom agertment for ~450t
and that tbese will be efficiency unita at ~350 end a one-bedcoom unit et
~39Q, so this certainly could not be consideted as affordable unite. He
staked there is something not quite right about this project a~nd maybe it is
the fact that they are not affordable.
Coaimissioner Bushore atated he was concerned About the stroke of the pen which
removed all theae variancea which the Commiaeien had no control over.
Commiasioner La Claire a~ated ehe ia still concerned about the size of the
units becauee she did not believe tha~t efter they are conetructed, the rents
would remain at 5~350 and ~390 per month and would be more like ~400 per mo~th
and up. She stated these e~re very amell unita and she realizee thece ere
aenior citizens who would prefer the amaller unita, but was concerned that
these will ~ot be rented at the lower price. 8he stated ehe recently made a
atudy of apartment unite in 1~naheim and Orenge and it is difficult to find a
uni~ under 5350 end stated ehe admired what the developer is trying to do.
Coaimis$ioner Fry atated there is a senior citizens ~omplex less the~n 200 yatds
fcom City Hall and the units are smaller than this end acknowledged that thoea
renta ere aubaidiaed, however.
11/14/83
IN~T68._~~H~IM ~ITY FLIINNINa COhMI88I0N, NOV~MBaR 14, 1983 ,___ 83-~35
Dick O~l~i~ld (8~cr~t~ry could noL v~rity nam~), G.G.P., atak~d neturaily a
pco~~c~ must p~ncil out b~for• they can q~t finanainq and originally they had
liquc~d r~nt• at ~350 to ~395 with •~s~ntislly the same •i~e unitet and rhet
th~y f~el thi4 pro~~ct can provid• unita tihat ar~ e aomtortable ai~• !or
a~nioc ciCis~n~ et this location ~t c~nra b~low Che market and there will be
no n~c~~sity for rai~ing tha c~nt~~ bow~ver, they ere limit~Q by the merket.
He ~~ated obviou4ly, providing a~nioc citi~en units that are a comfortable
aiae which sre manageable and below m~rket cate~ w~ll mean they will have 100t
occupancy.
Commiesioner Bushor• atated the Planning Commieeion is not supposed to take
economica into conaideration, but fr~m his calculetiona, the 24 condominium
unita prev~ouelY appcoved on thie pcopecty would pencil out end asked if the
need to have thia many units was beaed on khe pcice the owner ia aeking for
the property. He etated approval of the 2~ unite ~n thia propecty aet the
macket foc the property and he felt the project would atill poncil out if they
anly provided 40 unite, so providing 78 units would double the value of the
ptoperty~even though epactment unite are not as valu~ble ae condominiums.
Mr. Gelfield tasponded part of the reeson foc the request f~r thia numbec of
units io the coat of the land.
Commigaioner Bushore etated hie p[~blem with the request is tha affordabilitys
but that he likee the project eince it is 100t fot aenioc citizens.
ACTION: Comaiiseioner Hecbat offered a motion, seconded by Commiasioner King
and MOTION CARRIBD, that the 1lnaheim City Planning Commiasion has reviewed t~e
propoeal to recldesify subject property from the RS-A-43,000 (Residentiel,
~gricultural) Zone ta the RM-1200 (Residential, Multiple-Family) Zone to
permit a 79-unit senlor citizens epertment complex on a rectangularly-ehaped
parcel of land consiating of approximately 1.~4 acres, having a frontage of
approximately 272 feet on the eouth aide of Bell Road, heving a maximum depth
of approximately 279 feet and being located appcoximately 260 feet west of the
centerline of Maqnolie ~venue and further described ea 2620 West Ball Roadj
and does hereby approve the Negative Declaration upon finding thet it has
considertld the Negative Declaration togethec with any comments received during
the public ceview proceas a~d further finding on the besis of the Initial
Studv and ~ny coaunents received that thece is no subatantial evidence that the
pco.~ct will h~ve a significant effect on the environme~t.
Commiesioner Herbst offeted Reaolution No. PC83-21; and moved foc ita passage
end adopkion that the ~n~heim City planning Comiaission doe~ hereby grant
Reclaseification No. 83-84-~ subject to Interdepartmental Go~aaittee
recoaimendations.
On roll call, the foregoing resolution was passed by the following vote:
]~YES: BOU1-S, BUSBORE~ FRY~ HERBST, KING~ LA CLIIIRE~ MC BURNEY
NOES: NONE
1-ASSNT: NONE
It was noted waivera of Code requirement wexe 8eleted bX submitted revised
plans.
11/14/83
N~NOT88. AN1-H~IM CITY PL1IN~ING CONMI88ION. NOV~MB~R 14, 1983 83-736
Coauaia~io~er Herbat o!ler~d R~~olution No. PC83-21~ end ~oved !oc ita pASaag~
end adoption that th• Aneheim City Pl~nninq Commi~~ion doea h~roby grant
Conditionel U~• P~rmit No. 2499, in p~ct, purau~nt to ~naheim Municip~l Gode
Sections 18.03.030.030 thtough 18.03.030.035 and ~ub~~ct to the p~titionRr'a
stipulation to provid• a louv~ced typ~ sar~eninq to prevent viewa into the
neiyhboring beckyards fro~ th• unita, aubjec~ screeni~q to be subject to the
appcoval of the Building Departmentj and subj~ck to Iuterd~psrtmentsl
Committee cecommendatione.
On roll call, th~ toregoing resolution wae paeaed by tihe following vote:
AYSSt BOU~B~ BU~HORB~ FRY~ HBRBST~ " VG~ L~ CLAIR~~ MC BORNEY
N0~8: NONB
11836NT: NONE
Jack White, 1-aeistant City J~ttorney, preaented the written right eo eppeal rhe
Planning Commisaion's decieion within 22 days to the city Council.
Commisaioner La Cleire stated she is atill coRCerned about the project and the
rentala and alao About the IdCk of etandacde for senior citizen houaing and
stated she would like to have a workshop and steff to come up with some
proposed atandarda. She ataked to the petitioner she hopea this pcoject works.
RECESS: 3:25 p.m.
RECONVENE: 3:35 p.m.
ITEM! N0. 5. EIR NEGIITIVE DECLIIRAT.ION AND CONDITIONAL USE PER!!IT N0. 2506
PUBLIC HEARING. OWNER: J6~-N K. FOG]hRTY, 2020 E. Orangethorpe llvenue,
Fullecton, CA 92631. AGENx: CURTIS SCHWJhRZ, 503 S. Grend, Sa~nta ]1na, CA
92705. Property described as an irregularly-ehnped p~rcel of land c;onsieting
of approximetely 1.04 acres, 2840 East Lincoln 1-venue.
To permit a tempocary trailer for e fish market.
Continued from Octobec 31, 1983.
There were three pereons indiceting theit presence in opposition to subject
request and although the staff report wae not read, it is referred to and ~aWe
d part of the minutes.
Jean Fogarty, 6671 Canyon Aills Road, Aneheim, stated ahe had met with
homeownera in the area and thought the plen hed been satiafactory to themt
however, aome of them are preaent to protest and ehe felt ahe ha~d anewerec9 ell
theic concerne. She steted khe n~ighbors had seen the trailer before it W~e
refurbished and was settin9 high on jacket however, it wiil be painted and
there will be skirting eround it end it will look nice. She gtated the
neighbore were also concerned that eWen after this pro~~~rty wes developed, the
tcucka will still be abie to perk on the property end sl~e has agreed to
instell poats along the end of the parking lot and the f~sh merket will have a
security system and the neighbors ehould ha~ve less probl.~ma. She stated they
were also concerned about the noise from the cefrigeratian on the trailer, but
tbe noiau ie minim+al and the teat wn~ done without the skirting and additional
landecaping. She atated ahe did not think they were willing to go along with
11/14/83
1N~T881_.~'1_~JtIM CITY PLANNIN • COMMI88ION. NOVBMB6R 11. 1983 83-737
tha ~dditional Z feek of l~ncing alonq thoa• tiMO properties, •o eh• !s will~nq
to put the additionel tencinq sa r~quir~d separstiely. She ateted the
n~iqhboca wste worti~d about th• lioh odoc and th~re will be no odor beeauee
the fiah 1A tot~lly fro$~n and thora will b• no peckaging done et thi.
facility and th~re wili not be a~ odor or trash problem.
Xurt Swart~, etated he livea in Waehington and that they hev• A akore at 503
S. acand in 8nnta Ana. H~ pr~santed an illu~tretion of the decking that will
akirt this tteiler and explained all the packaging end the proceeeing in
accompliehed in Wsshington an~ the fieh is ahipped completely peckaged; that
the refrigeration unit will be completely under the tceiler and it will be
skirted end vent~d and the noiee is not a eignificant problem and pointed out
he had demonetrated thnt to the homeowners yestarday. He stated they feel
some of the problema the neighbora wece concerned with will not be a problem
because there will not be any treoh and atated one person will be working And
the houca will be 10:00 e.m to 6 oc 7:00 p.m. ~nd they will be closed on
Sundays, so nothing ehould interfece with the 1oc~1 ceaidents.
Robett Bradford, 2861 Gerald Circle, Anaheim, pcesented a petitiun eigned by
22 residenta and read the atatement cequeeting that the permit be deni~d
becauae of amell, increased d~st and attraction of flies, tats, mice, cats dnd
othet rodents, depceciation aE home values end also they feel the use would be
detrimental to the peACe, health, safety and general welfere of the citizena
of the City of AnAheim.
Mr. Bradford continued that the petitiones seems to be deeperate and rether
thAn trying to reevaluate the plan and bring in a use that would placate the
reaidente, ehe aeema to bE trying to focce something on them that they do not
want and that they are people who have lived here before this use was proposed
and will be here aftec it ia yone who feel their concerns shauld be taken into
consideration.
Betty Miller, 2857 Gerald Circle, Anaheim, preaented photographs of the
trailer nnd stated after taking these picturea, she Md8 told tbis was not the
trailer that would be on the facility, but now she hears that it is the
trailer end that it will be painted. She etated ehe wae againet the addition
of two feet on top o~ her existing fence because the fence was put in 20 years
ago and she did not remember how much eteel stcucture was installed. She
a8ked how high the propoaed fence will be and stated she could hear the noise
from the refrigeration at the Senta ~na facility and that is located on a
noisy street and at this locetion, they w~ll be there all night and she will
hear it becauae she hedrs the cefrigerated trucka when they park on the
property. She stated the skirting caRnot go all the way around becauae the
cefrigeration has to be vented and the noise will get thcnugh the opening.
She steked the plans show the trailer to be 80 feet away fcom her propertyt
however, the widest point of subject property is only 75 feet which ie the
unpaved drivewa; and she measured down the line 50 feet and that puta it at
about 63 feet from her propertyt and that they will have a 10-foot aetback
with ~ 4-foot platfora nnd the trailer is about 8-feet wide so it gete closer
and closer td her house and ehe did not think the noise could be buffered.
She stated she does not think a tempocary fieh market in a refrigerated
trailer $hould be conefdered for this property and it is simply an outdoor
atarage facility in any city. She atated even with a high fence, the trailer
wi21 be seen when driving down Lincoln. She atated the petitioner has said
11/14/83
NUT~B. 11NJ186IM CITY PWINNING CONMI88ION. NOV1~~~ ~1,_19_83_ 83-7
th~c• will no~ D~ any traahi how~v~r, sh• diQ not think lh~t is tru• b~caua•
all ~cos~~ tooda hav~ en •xpiration dat• and it ao~a~ons bouqht Li~h and iL wa•
not 9ood, th~y would bcinq it b~ck to thi• l~cility ~nd ask~d how th~ op~ratoc
would di~po,• o! it. eh• •tatad •h• c~llad the u~packm~nt of Aqriculture and
waa intorm~d that tiah i• v~ry d~tcimental ~o ~rawing ~kunks, opoaoum end
raccoon~ to the er~e and st~~ thought tho~• do cacry cabi~r.
Ms. Fogarty et~ted the tra ler will b~ s cr~~m c~loc and beiqe with e~hutters
and will not b~ as high e~ ahown in the pictures and will look nic~. S`~e
explained the aic conditioning Ms. Millor heecd waa witnout any lencing and
the eound would be lik• h•aring aic conditioning in s hauaa and it aoutd
not diaturb anyona. Sh~ atat~d the fecility in Se~ta l~na hae no odor in it
end it would be nn different than a aup~rmark~t near the frozen food eection.
Mr. Swertz steted they import ahrimp From Me~. :o, lobatec Erom l~ustrelia,
ecallopa from Taiwen and New Zealandt that they ere all inepQCted ander the
U.S.D.1- and they do aell 48 diffe.ent prnduct linea end they are all packeged
and deted and epprove~ ready foc es1e.
TtlE PUBLJ: liE11RING WA8 CLOSED.
Commissionec Buahor~ clarified thar he f.acility in Santa ~-na was not a
trailer, but is a amal] market with a eemi-trailer ettached to it.
Ms. ~ogarty stated the facility pcoposed is temporary because of the expenae
involved in developing thR properky all the way down to ~he end and if this is
a succeasful opecetion, ehe wiil build a permdnent building and the op~ca~or
of the fiah market will pay the cent, but at this point, it ia not feesible to
develop the property to meet all the atandarde.
°:r. Fogacty explained the trailec in Oregon referred to ia identical to the
one ehuwa in the picturee. She explained the trailer is complete with reet
coom, etc. nnd ia anw 11 and only two or khree persons would be in it at any
one time, ao there would not be a~ot of heavy irsffic.
Commiseioner Buahore stated before he hed aeen the p~cture~, he had envisioned
a mobilehone type trailac or modulac type unit espe~ially built for thie, but
this is actually a truck fecility and on a tempora:y basis there might be some
thinge to be done to get it ap~proved= however, it would be vecy unwise to come
back in in two yenrs and ask for an extension.
Ma. Fogarty stated the picturea do not look good beca~uae of the color of the
traflet and that she did not want anything on the propecty that would loak bad
because she is trying to improve the look of the area and improve the value of
the property and she thought thie would be much bettec than the trucka that
hsve been parking there.
Commiasioner Bushoce asked if 1:his type treilec v+ould be allowed for a period
of one year with the approval of the Pldnning Director. Rendra Morries stated
normAily a temporary trailer is only allowed in conjunction with conbtruction
activity for a period of nne year subject to review by the Planninq Director.
&he atated only when there ia a permanent fecility being constructod can a
pec~ait be epproved for a one-yedr paciod.
11/14/83
NIN,~T~_~1 B~IM C~~~'X PJ.!-~NING Cn ~Q~tON. NOVEMB~A 14. 1983 83-739
Co~uni~sionec Bu~hor• ~~k~d i! ~h~ p~tition~c could hav• qott~n ~ppcoval !oc
this i! sh• had bcouqhk ira ~ s~t of pian~ foc • Lutur• buiidinq. K~ndra
Marci~a •t~k~d th• atalf v~ould h~v~ ta r~vi~w it. Anniks ~a~tal~hti ~tat~d
typic~lly an ~pplication lik• that aotn~e in !or •am~thinq lik~ a construction
oltic• oc ~ b~nk, but ata ~! ha• not ~~~~ ~ requtat !or thia typa r~tail
aceivitieo and would d~finitoly t~ke a c~r~ful look ~~ it becau~e of th•
pot~ntiel edv~rse impact it a~iqht havs on th~ n~iqhborhood which would be tnore
critical khad an offic~.
Comm~aaionor Buahor• expl sin~d he went~d it und~c~tood what could be done by
ciqht. Commioaioner H~rbst stat~d adding two l~et ko the exiatiinq well would
noti b~ f~aeible becauso o! th~ strucLurel requic•ementa and eakad it the
p~tition~c ia pcapared to put in en 8-foot well to mAet City atanderds an4 for
how many Eeet.
Ma. E'ogsrry cespund~d she is prepared to put in the well and the ceport eeye
115 ~eek. 8he atated, hopeEully, putting thia fish market there will help
attcACt a nure~ry end exp leinad ahe haa lound eomeone who would be willing to
go t:~to r~ partnerehip for a amall nur,sery to finish developing the property.
She ex~~lain~+d she would ir~etall poeta when thia is developed along the end of
the blacktop so that truc !ca would not be able to get in snd ahe thought this
aould end the dumping on th~ property and impraving the propecty and addinq
lendecaping end improving the trailer vill diacourage people from du~nping.
Commisaioner Hocbat clari ~ied that tl~e welle wo~ld be 8 Eeet on the property
owner's side and eaked what type landsceping ie propoaed along the fence. He
stated he wanta the wall to provide a nniae bacrier and the wall should be
hiqh enough eo th~t the t railec would not be visible from ths homes. He noted
these ie a 2-foot difference in L•he proFert~es and Me. Pogarty s~.~tad ehe
would be willing to inata 11 an 8-foot fence along the two huuaes -.hat would be
affected.
Commieaiuner Hecbst explr ined he thought the block w+~ll ehould be conatructed
completely behind the two houses and explained if this ia appr~ved on a
conditional use permi~ anrl becomes e pcoblem for the neighbors with noise or
whatever, the permit coul d be revoked very quickly and only building the
pertial aall would still expose the neighbora to noise.
Rendra Morries pointed ou t the wall should be conatructed ~ minimum distance
of 135 feet inetead of 115 as indiceted.
Kendrd Morriea reaponded to Conuaieaioner Suahoce that the traeh containers
will be reloceted to a moce acceaeible locati~n. Commisaioner Herbst asked
where the cardboa~rd conta~inere will be p.lac~d nftec the frozen fish is removed.
Mr. Swar~z explained they have pcobebly brought 300,000 to 400,000 pounde of
product~s i~.to Orenge County and there haa never been a problem with odors and
explain~sd the vacuum-s~.~.l~.l packaging and noted he thought the Commisaion was
concerned about ~he fiqh thawing and the sme~l fcom any leakage and explained
they l~ave never had that pcoblem.
Commiseioner Herbet expl ained he had followed a refrigerated truck and could
emell the fish. Mr. SwA rta explained there is a difference between a
refrigec ' tcuck and a freezer truck wikh a freezer truck being 10 degrees
below z~ro a~.~ a refrige rated truck being between 32 to 42 degrees. He
axpleined he doeu haul f reeh fiah to other locAtions.
TEB. ANA~~~M CITY PWINNINa COM IS820N. NOVEhB3R l~. ~983 83-740
Commia~ion~c Buahoc~ a~k~d wh,t i~ dont with th• liah thati is not ~old !or
what~v~c r~~aon~ such as dameqed in •hip~~nt, pa~t expication ddt~ or liah the
cuatom~r~ h~ve r~tucner' Mr. 8wart= r~~ponded that ail the tish is k~pt
lro:e~ in the displey caa~.
Commia~ionec La Claic• eteted all the atores hav lrozen ~ish A~ction~ end
th~r~ isn't a em~il and she thought this pstitionor se~me ~o know what he ia
doing and she thought it !a posaibl• thay could be very car~Eul and not hav• a
pcoblem. 8he esked if the ttsiler could be akicked so that the sound could be
Qirected toward Lincoln Avenue inotead of to the reax. Mr. Swarts responded
that would be no problem.
Commissioner La Claite stated tha oppoaition was concecned about ~mells,
fli~s, hom~ values, etc.t howevac ehe did no~ think this uee would attract
cats, mice, cats o~ othec codenta es much as the vacant Eieldt that thece
would not be an increase in dust and ttaffic, particulncly if the petitioner
will do something to pcevent vehieles from coming ontu the pcopecty and a lot
of th• noiae will be eliminated because th~ ~rucka will no~ be able to park on
the property. She Aeked the legality of qrenting a conditionel uae ~ermit for
a tempotary trailec foc mora then o.^ year.
Jeck White expleined this permit was applied for under the unclaasified use
section of the Code and the Coaimiasion cen impose conditione p~rtaining to the
time limit and there Are no provisiona in the Code which sAy the permit aannot
be approved for a longer period of time.
Commisaioner King asked if additional time could be grented if the pecmit ia
epprov~d for a 2-year petiod and khe petitionor finds ahe needa more time to
develop the property.
Jeck White explained the permit would expice et *.he end of the time limit na
atated in the condition. He pointed out one of thc proposed conditiona was to
limit the uee ko a 2-year period and tne petitionec would have tn reapply at
the end of that 2 yeara for another public heacing to be held. He edded there
is nothing illegal a~bout granting the use ~or 2 yeara.
Commissioner La Claire aaked if the unit under the treiler ia foc air
conditioninq for the trnfier or f^~ ~~=~si;~ret:on. tMr. Swartz replied the
trailet is very small end will be cooled by r~ amall apartment-oize air
conditioning unit and the unit undec the txailer is for the refrigecat:~~n.
Conceruing khe fence, Ms. Fogacty etated the existing fence behind the center
is only '. feet high and building an 8-foot fence along the resk of the
property will be h;.gher and Coaimiesioner Herbst ceplied the homeownera can
take the:r own fencea down if they ~esire. !!s. Pogarty asked if the
Cotnmisston ia co~naidering the fer~ce at 6 feet on her eide ahich would be 8
feet on the neighbora' side or 8 feet oc, her aide which would be 10 feet on
the neighbors' aide.
Rea~onding to Chairwoman Bouae, Betty llillec skated ahe has taken pictures of
13 and 14-year old boye loaking over the fence fcom the petitfoner'e side of
the property and she thought ahe would like to aee an 8-foot high fence
inatead of a 10-foot high fence on her side, ao the petitioner would put up a
6-foot feace at hsr highest level,
11/1~/83
NVT1~8, J_1N~~BIl1 CITY_ PI.J13iNI~iG_~~II~~IQN~s1~V~l~~~~1 _ 83 83-74
llc. Bradiord ask~d if th~ r~tri9~r~~ion aould b~ ~l~ctcical, ge~ or di~s~l
aith Mc. Swarts r~~pondinq it wouid b~ •l~ctrical.
Rsapon01n9 ~o Co~a~aisaion~c L~ Cl~ice, Kendra Morri~4 stet~d it th• Conania~ion
want s th• L~nce to caver only that poction oi tha pcopecty being d~velop~d, it
woul d bv 115 f~~t lonq, but if Chey want th• wall to cov~r th• two reaicl~nce•
that ac• being diractly affactod, tihe diatenc• would be 1~5 fe~t.
Comm i A~ion~c ~a Claire e~at~d she would want to ee• th~ ws11 135 Feet to
comp 1 et~ly protect thoae two reaidencea.
Ma. loqatty ststed she would continue her 6-foct wall m~aeuring Erom the
hig heqt point, peak the iwo cesidenc~a tor 135 teet.
Conun iasione: La Claire asked th~ petitioner to atipulat~ to whetever is
necesaary to prevent tcuc~s ftom packing on the propecty and Ma. Fogarty
reaponded theti aha would b~~ willing to meke that stipulation end explained the
pcoperty is not flet end thet maybe one oc two poate along Lincoln, in
eddi tion to tha othor end, would reaolve the pcoblem.
Gomm iasioner La Claire etated ehe knows ~he property owners ere still
concer _d, but ehe f elt ell the qusstiona ha~e bcPn enewe[ed and the~ ehe
wou 1 d offer the resolution with a tim~ limit for one yeac to sefeguard the
peop le in the erea and the petitioner as well.
ACT Z ON: Commissioner L~ ~:air~ affeced a motion, seconded by Commieaionec
King and MOTION C1-RRIED, that the 1-naheim City Planning Commission has
rev i ewed the propoaal to p~+cmit e temporary trdilec for a fish market on a~
irr egulacly-ahaped parcel of land consisting of approximately 1.04 acrea,
hav i ng a frontage of approximately 691 feet on the aouth side of Lincoln
1-ven ue anc9 fucther described ae 2840 E. Lincoln Avenuet and does heteby
app ~ ove the Negative Decleration upon f inding that it has consideted the
Neg a tive Declaration together with any comraenta received during the public
rev i ew process and f urthec finding on the basie of the initi~l Study and any
r~mf~ente received thet there ia no substantial evidence that the p~oject will
hav~ n eignifir,ant effect on the environment.
Comasiseioner La Claire offered Reeolution No. PC83-215 and moved for its
passage and adoption that the ]-naheim City Planning Commiesior '~ea hereDy
gran t Conditional Use Permit No. 2506 f ot e pesiod of one year, :ubject to the
pet i tioner's stipulation to provide a 6-foot hi.gh block wall meesured from the
hig hest grade of property for a diatAnce of 135 feet and that skirting will be
Pcovided eround the bottom of the treiler with any openinqe to be facing
Lincoln raCher than the adjacent reaidences and aubject to interdepartmental
Cou~ittee recommendationa.
Comaissionec eerbet pointed out the petitioner vill be going to a 1ot of
expense putting in blacktop end fences and he wou~d like to eee the permit
granted For 2 years since Che Commisaion would have a handlR if ihe use is
det riwental to the public's peace, eaf ety, or general welfAre.
Coa~issioner La Claire indicated ahe would amend her resolution to expire et
the end of two yeare rather than one year.
11/14/83
~IN TEB. ~11H6,IM CITY pJ+J~1NxNa COMNISSION, NOVBMB6R l~. 1983 83-742
On roll caii, eh• foc~qoinq c~~oiution wsa pa~a~d by eh• !o>>owiny vot~:
AYRBt BOUAB~ BU$NORE~ FRY~ HaRBST, RItJ(i~ Ll- CLIIIRB~ MC BURNBY
N08$t NON6
AB$SNT: NONB
Jack Whit~, Aaeittiant City /-ttorney, pr~s~nt~d the wcikto~ riqhk to app~al the
Plsnninq Commiaaion's dociaion within 2Z dsya to th• City Council.
ITEM N0. 6. Lllt NLCiATIVE DBCLJ1Rl-TtON IPtt~VI0U9I.Y 11PPROVBD), CONDITIONJIL USB
pSRMIT N0. 234~ (RS1-DVBRTISBD)
PUBLIC HEIIRIN(i. OWNER3: PI-TRICIA H. CH1~PP~L~., 808 N. Anaheim Boulevacd,
1-nah~im, CI- 92802 and DuNALD A. JACOB80N, 1664 W. Broadway, 11nah~eim, CA
92802. AGBNT; Louie Forkell, 806 N. Anahei~~~ eoulevetd, 1lnaheim, CA. 92802.
Property doacribsd ae a rectengulacly-shape parcel of land conaisting of
approximat~ly .24 acre , 806 and 808 North Anaheim Boulsvard (L.O.R.O.S.
Miniatties).
To coneider modificdtion end revocation of Conditiona' Use Permit lVo. 2342.
Continued from Octaber 17, 1983 and October 31, 1983.
There we[e thirteen pecsona indicating theic preeence in oppoaition to subject
cequest and although the ataff report was nok read, it is referred to and made
+a part of the minutes.
Paetor Louia Forkell, 747-1/2 N. Philadelphia, l~naheim, ~+~as present to answer
eny questione.
Kendra Morriee presented a ataff repoct explaining this action is a reault of
the petition filed by adjacen: pcopecty owners.
8111 Brickson, 301 E. North Stceet, stated he is the Block Capt~in of the
Neighborhood Watch Progrnm end hae been contactad upon vac!ous occaeione
regarding Conditional I)se Pecmit No. 2342 and aubmitted a listing of the aceas
under his juriediction. He pceaented the following exhibits which a~e
available in the Planni,ng Department file: (1) oppos<_tion of Bill 8ric:•eon,
(2) Neighborhoad Wntch lieting, (3) petition of opposition (11 signatucea
aigned on Septembec 6, 1983), (4) Planning Commiasion Resolution No. PC83-125,
and minutes of P1Anning Commiasion meeting of June 28, 1982, (5) Minutes of
City Council meeting of 9/13/83, tG; memorendu~ne from and to W. P. Hopkins,
City 1-ttorney, (7) ataff report to the Plenning Commission deted October 3,
1983, (8) staff report ko the Planning Cotamisaion dated October 31, 1983, (9)
map of propecty covered by CUP 2342 and lettet to the L.O.1t.D.'a Ministries of
Planning Coaimisaion's a~ction of ineeting of 10/3/83, (1J) lettec of opposition
frc.~~ Wilbur and Shirley Parnell to Mayor Roth dated 9/26/83, (il) letter fcom
Wilbur Parnell to Mayor Roth submitting pictures of the L.O.R.D.S. Minietries
Food Aistribution Center, (12) letGer fro~a Jemes and Virginia Palmeri dated
9/21/83 to ~IAyor Roth, (14) 1Rtter from Merylou Terihay, 761 N. Claudine,
~-partment C, dated 9/18/83, (15) lett~r fro~ Mr. and Mrs. John Morley, 125 E.
North Street, l-naheiw, dated 9/12/83, (16) letter fram George isabel, t17)
letter from John and Bmma Bennie, dated Nove~aber 14, 1983, (18) ].etter from
Merle Van wagoner, 215 E. North btraet, dated ll/13/83.
11/14/83
~~~ ~ . .
IN~T6$, Al1~AHeIM CITX PJ+J1lINING COKNI8810N. NOVEMBBR 14, 1983 83-7~3
Niibur ~~r~~ll war pr~a~nt ene c~ad his l~tt~t of oppo~itiion pcim+icily
conc~cninq parkinyr noi.~~, odors, ale~pinq on the pr~miae~, appaeranc~s, lice
hasarE, etc. (axhibit No. 10). Virginis pala~ri c~ed h~r letter o!
o~position, exhibit No. 12, pria~arily unsiqhtlinass, odoca, tre!lic, prop~rty
dameg~, nois~, luta~s, trash, p~opl~ living on th~ premis~s, dang~rous dies~l
Eual seoc~d~ catis, dies~l trucks running diaturbinq sl~ep, etc. Mr. Pacnell
pteaenr~d 31 photogcaphs of aubject pcop~rtiy. Jack White expleined tt~e
photograph~ will be retained a~+ pert of the cecorQ.
Chairwo~nan Bouae explained cha Conunicsion would r~view the photographa and
aeked Mr. Pacnell not to reviaw each individual photograph due ~o the length
of today'a agenda. She axplained Ehe ConuniAaion haa heacd all the complai~ts
nnd reelizee whae they ar. and thet Mc. Ecickaon and Mc. Pacnell ahould turn
the letkecs ot oppositlan in ae evidenae to be a parC of the record.
Terry eallidy statied ahe owna property at 114 Mille Drive and they hsve a
probl.em with people defecating uehind the fe~~ce. &he stated ahe does not like
cleaning it up and she haa hed to clean it up eince thie uae haa been on that
propecty and thet she hae also had damage to hec fenee by tcueke and estimates
have been abouC ~5,OU0.
CommissionQr Fry left the meeting at 4:45 p.a-. end did not return.
Everett McCallum~ 758 N. Cleudina Street, cornec of North and Claudina stated
he has e machine ehop in dn induetrial e~cea end thet this type of bueinesa
could not be operated with tbe a~hec industciea in his machine ahop area.
Jack White, Asaistant City J-ttocney, expleined ~astor Forkell hae the right to
read all the testinwny presented. Pastoc Porkell cequested a temporary break
in the heacing to ceview the material.
Following approval of Item No. 8, PAetor Forkell returned to the podium and
stated there mey be several ~aembecs of his conqregation who would like to
apeak.
Commisaioner k~erbst skated the Commiseion does not want to heac Anything about
the ministcy itself, but only thoae chargea vertaining to the complaints
should be addressed, Pastor Forkell stated these are actually ~unt ct~arges
and the statements were mAde tha~t thece t~ave bee~ several phone calls to
different divisions of the government and that ia tcue and there have been
inspectors who have come to the property and they have only received one
eitation foc a gasoline engine running and that wae resolved befoce the last
hearing. ~e stated if a person ie looking for a date and apots for un oil
leak, it ia easy to find one and when one pecaon is actually look~nnbe~donehe
window with a camera waiting to capture a specific picture, it
howevec, these pictures are dece~tful and the person had to be on top of a
vehicle to have taken the pictute th+at made the trash appear so high that it
was above the fence, b~st the picture mekea the fence appea~r to be only about 2
fa~t tell. He stated the picture~+ do not give ~"~tes or timea and Lhey could
have been made three years ago before the other hearing.
Conmiasioner Bushore aake~ Pastor Forkell to discuse the conditions of
approval which still have not baen met to date and alao the situation that
inetallations have been ma~de without City permits, a reciprocal p~-rkiil/14/83
MIN~TBB,_ 71N11HBIM CITY PLAtiNINO COMMIS~ION. NOVBMBQR 14. 1983 ,_ 8~3-7~44
aqc~em~~t which hes not D~en fil~d and th~ limited number o! tcucko becau~•
wh~n the Commi~aion viewed tha prop~rty tioday, th~r• wtre mor• truck• th+~n
~.+cmitted by tti• condition~l uae p~rmit.
Commisaionoc La Clair• etaked in all. fairneea, thosa people in favor ot
continuing the permit, should be allowed to ep~ak. Jack Whit~ explained this
i~ a different type of requ~st, aince i~ is a City-initisted requ~at to either
revoke or modify the ~xisting ~rmit and thoaa in fevoc of revokinq the permit
spoke firat and now it ia time foc the permit holder oc anyone else to speak
in favor of allowing the permit to continue.
Patcicie Chappell, 808 N. 1-neheim Boulevard, otated ahe ie right next door to
eubject property end parks her cac 10 feet fcom the garbage in question
ove~yday and that they have ].4 employeee who work with a 14-foot wids open
dcor evecydsyt tha~t in ~e laat yasc there haa been one peciod over a holiday
when it wae very hot e the gecbege was very badt thet people do ecevenge
through the garbaqe end theC they do clean the produce and n~w they ere
puttiing it in very heavy plaatic bags end tying it and if it smetled, ehe
would be the first to know and only twice in the ye~r hae she smelled gerbege.
Mr.S Chappell et++ted she donated 40 feet from the middle of the atreet and the
traeh etocage aceas were placed where the City wante~ themt that the feea were
paid and everyt!~ing wae done to the existing atructuce ~s requeatedi that the
outdoor boxes und palleta and storege were removed a~nd that the photographs
taken were within a~ period of three weeks after the hearingt that a 6-foot
fence wns put in arc+und the propecty. She stated the Parking agreemant was
brought down and that ahe is ther~ everyday within 10 feet end ahe knows there
were a couple of weekends when it wae hot and there was A problem with the
smell. She refecred to the alley and atated to the aouth there ie trash t~nd
sofas etored and looking nocth towards this facility, the elley is a lot
cleaner. She stated when the trucks park facing the aouth, it is towarda
theic open door and there are no complainta ebout the fumes. She steted there
is one pereon who is very upsat with the L.O.R.D.S. Miniatries end he used to
work there end after he became Angry and quit, there have been conatant
complaints, Po the situation is ~ot as it was represented here.
Will Conner, 11b03 Halava Lane, Cypcess, stated he inetalled the refrigeration
in Chib facility and befoce ik was inatalled there was e complaint because ii
wae stoced on the property, but they did get the proper permits and now they
do have the adequate cefrigeration to keep lerger amounta of eupplies without
apoilage.
Hector Meunier stated he ia from Maesachueetta and he has parked hie motar
home on this propertyt that they hdve miasionary asaistants frum a~ll over the
countxy who do volunteer work with thia fecility to help with this miniatryt
that they get tood fcom all over Southern Cdlifornia and it is processed at
thie location and then goea out to anyone who needa it. He stated they were
here laet May, June and July and liked it eo much, decided to return to help
out again this fall. He atated he does not believe there is human defecation
because he has not seen it and he has not aeen all ti~e traeh mentioned since
he has been there and atated the Pastor is very particular about traeh being
put into plastic bags and packed into the containere to be picked up. 8e
added there was one problem with the fuel line and the fuel F~ ko be drained
and it was an una-voidable spill, but it was taken CdC@ of ve:~ quickly and
11/14/83
NUT68. ~NAHBIM CITY pLANNING COMMI88ION. N VBMBBR 11. 1983 __ _83-715
v~ry ~r~p~rly. H• •~~te~+ h• did not und~ratand th• co~pl~int• about ~~~lla
and i! thie place waa a moas and s~~lly, h~ would not ~tay th~re. H• atated
h• :,a~ n~ver ae~u th• pro4ucta atackad abave th~ lence end 16-inch high boxee
ar• •teck~d thr~• hiyh and thet ia c~rteinly not above an 8-loot high fen~e.
F~y Eusarragh atated ahe work• et 608 N. Anaheim Bouleverd and has worked
th~re for 7 yoara and that wh~n she firot aterted to work there, there wae e
dirty bar ~ext dooc and she ueed to e~e human wdate when ~he ceme to work
every morning end she aleo eaw intoxicet~d people sll dey long and the
L.O.R.D.S. Ministcy hea been en improvement on that propecty and the place ie
clean now.
Myrtn 3tampson atated ~he ie fcom Imperial Beech, Californie end ahe comea to
the L.O.R.O.S. Miniakry every Pciday to pick up food and that it ie not
dicty. 3he atated ehe has been co~ing there bECeuee they have food for the
poor end that ie her miniatry en3 that they miniater to the poor in Sen Diego
and down into Mexico. She atated everything ia clean when ahe come$ in the
morning and pointed out they do eecvice almost 3,000 people a week with food
and clothing.
Fito Madrid, 2373 Coronet, Anaheim, etated he is one of the owners of subject
p:opertyj th~t the miniatcy has been there for 6 or 7 year~ and Mr. Pernell
helped them to tep~ir their cars in the beginning and for that he ceceived a
lot of food and when they were ahork vf food and told htm he could not have
moce than he needed foc hie personal use, he got very upset and ever eince
that time, they have hed these complaints and he thought it was just ebsolute
harssament. He stated as ~ buainessman he travele that alley dnd pointed out
there is a liquor atore open from 6 to midnight and there are cars in there
canstantly and on the north end of the alley, there's a pool aecvice with a
lot of equipment etc., but he does not do enything sbout that becnuae it i~
businees. He stated gofng north in the Alley, thece is a sofa and other treah
that has been left in fcont of thR merket in fcont of Mr. Pernell'e house end
he has not said anything about that. He stated that trash is only picked up
once e week, but the trash ie picked up everydey at subject fecility. He
atated pe~ple do poke holes in plastic baga, but they cannot do anythinq about
that and he thought this harassment haa gone on long enough.
Chaplain Bob Rose, Jesus All-Militery Wocld-Wide Allied Miniatry, 2567~ Spcing
Street, Perris, California, atated he is the founder end pc~eident of thdt
organization and haa known Pastoc Forkell fot quite a few years. He etated
they have gone to this place meny timee ca pick up food for the needy end they
do check it out and it ib ~lwa~a feirly cleant, khat he has seen totten food
such as potatoes, but when he came back it was always cleaned up. 8e stated
he did not know abouk the complaints regsrding smells, but there are dieeel
rigs everywhere. He atated he thought theae people should try to look into
their hearts and see what they ~ould da Co help this ministry inatead of
complaining about it.
W:iliam Hurley, 2705 Lawrence Avenue, San Bernardino, stated he is vice
president and -ane of the coc~orate direCtors of the M~bile Mieetonery
A seistance p rc;rams that they have over 500 people in their arganization and
travel over Mexico, United Statea, Canada and Alaska doing volunteer work for
organizatione they feel ~re worthwhile and that they a'ways are church beaedi
thdt thay have sent severel people to help out with th~ ~peration and that ia
1?/14/83
INUT68. AN~HRIM CITY PWINNING_COMM28~ION,_ NQVBMBER 1~. 1983 83-7~6
th• reason foc a~eing th• mobil~hom~a parked on th• prnp~rty. H• statied they
heve d~sign~ted thia ~r e continuing pcojeck so thet enytime any of their.
people ace in th• ~rea, th~y will ~top by end h~lp out.
Mr. Hucley ateted it ia tcue About human def~cation in the ~c~a becauee one
eveniny when h• wma l~aving, he idM two people come out o! the liquor store
end r~li~ve themaelvae by the tanc~, but it wes noc anyone from the minietcy.
H~ at~ted he pereonally workad for this ministryl that he is a building
contcactoc and one aftecnoon h• eaw a peraon come out of the liquor store end
beck hia cac into the fendec of ono of ~h• e~ployee'e cars parked at thie
location and he thought tf cocks ace to be ~hrown, they ahould be thrown et
the liquor stoce and not et this wonde~ful miniatry.
Gocdon Watermsn etated he ia the property manager of 802, 804 and 806 N.
Aneheim Bouleverd, and that there uaed to be a ber at 806 N. ~naheim Bouleva~d
and before he taok over manAgement, he told the ownec he would not manage the
b~r end they did get rid af i!. nd that Paetor Forkell'e operetion is a
decided improvement over what wae there before. He atated he cectainly would
have app~eciaCed the peceon celling the Pice DepartmenC when his tenent was
murdered at 802, eince there is a gentleman who seemg to be watching over the
pcoperty so closely end he would have hoped he would have aeen the fire before
the ledy was murdered.
Jean Dix, 811 W. Romneya, stated she ia secretary of the miesion end that ahe
wAS the one to apeak with the inap~ctors fcom the City And on Eive occasions
has caken the inapectors around the fecility; that on the first occasion they
had two dumpskera which were old and had holes in the bottnm, but they have
since been replaced, aftec the inapections. She stated there wece three
inapectors thece at one time an~ they hed juet purchased abo~~t 7,000 heavy
piastic bage and that all the help hea been instcucted to use thoae bags and
the inapectoc said that he did not see anything wrong. She steted they wiah
to comply with the rulea and regulationa ~et down by the City. She added
social servicea in ~naheim do call them with referrala and they do reech out
and help thoae Neople °nd if those people were not being hel ed, they would be
out on the street and a detciment to society. She ata~ed thece is one person
livi~g on the premisea and they have acquired another location in Orange and
there is no handing out of food et this facility, except on Pridays, and there
are only three people who come in to pick up; and that there are two vehicl!s
parking thece. She stated ther~ was or.e occaeion when one diesel tcuck was
lef t running foc about 4-1/2 minute~ and the inspector was in the alley at the
time. She state~ thec.~ has never, to her knowledge, been any dieael running
any longer than 10 minutes at the moat. She atated they hAVe tried to make
appeals with Mt. Parnell and they do try to abide by thr good •neighbor
po~icy".
THE PUBLIC H''ARING WA.S CIASED.
Chairwoman Bouas asked if they do have the pest con~rol service and how often
they come in. ~astor Forkell ceplied they do t~ave the peat control and they
come in once a month unless there ar~ some signs and they call them befoce the
month ir. over and this means closing down the whole operation and bombing the
facility.
11/14/83
~INt1'rn,g„ j 11ti11H6IM C T PL'NNIN(i ,CQ~,M_I~SSO= NOVBK86R 14L 1983 83-7~7
Com~io~ion~c Huahor~ atateQ th~~• is no l~nc• on th• north ~nd oE the pcop~rty
nexti to the deap~ry shop and Pa~toc lock~ll st~t~d th~ t~nc• go~s ciqht up to
rh~ drap~ry ahop end ehara i~ a 9at• th~rs that is clo~~d a+. niqht. He
r~apand~d to Coauai~sio~~r Bushar• ehet he could not lind enyon~ who would give
him ~ pecking agieoment in wtitingt hew~v~r, Ch~y do h+~vo p~ople who have
eqr~ed to l~t th~m ua• th~ir perking apaces.
Respondi~g to Commiaeio~~r eushore, Pastoc Forkell stated he aigned their
leae~ on Mecch 12, 1980.
Commiaaioner Buahore atated the Commis~ion hed doubte when they dppcoved this
pec~ait bocauee they r.ould Focesee the pcoblema and in hie opinion, the
ministty ia lettinq ttis tot~l good they ~re doing overcide the concerns of the
neighboca and they think the neighbora are wrong.
Paatoc Fotkeli atated h~ finda it herd to rationalize with a person who usea
bad lsnguage and explo~ned he does not kno~~v a~ny neighbora othec than Mr.
Parnell. He ~~eted he haA leased anothec ~uil~ding in Orange, but it will not
su~fice his totdl miniatry.
Commiasionec Bushore etaked thia pe[mit expices June 2, 1984, under any
ciraumstances. Pastor Pocke2l stated he hee three different lee+aea on thcee
different aegments of the building.
Commiseio~~er Buahore 8tated the permit wae granted with a time limit,
providing there ~ere no prablemd and with a warning that i.f• there were
~robleme, the permit could be cavoked n~d he ia ready to offer a~ motion to
that effect.
Commisaioner La Cl~ire aaked how many citations have been ieeued by the City
and Kondr~ Morcies respo~ded there have been two noticea of violatien ieeued,
one o~ Septembec 15th for exceeaive noise from an r~ir conditioner on a trailer
and parking more trucka than petmitted and another on December 7, 19g2, fot
the instella~ion of walk-fn Ere~ezers without building per~aits.
Comm~ssfoner lcing eteted the neighbocs ere compla ~ing about the hours of
opetation. Pastor Fockell etated they have a tru~k that goea out to Loe
P-ngeles on Mendays and Tuvadaya and etacts up about 5 in the morning~ that he
wocks with volunteere anc3 they come i.n no later than lU:~~ and everfone is
gone by 6:00 p.m. and the gatea are lock~~ at 10:00 p.m. Chairaam~n 9ouas
sta-ted the activities atact in the alley a~t S:OJ a.m. and Paetor Forkell
stated it takes abaut 2 minutes to warm t.he trucka up befoce they can run and
o^asionally the trucke do not get lodded at night and they work foc ahout 20
c 15 ainutes before they etact khe engine.
Comiaisaioner tci~ig a~eked if the coa-plainta about odors ere from the veqetables
and fruit or the diesels and Pastor Forkell reaponded he did not know and khe
City inspectore who have been to the site do not know. He stated ac times
there are odora, but they arA limitRd aad t~e thought in the dumpster there is
an ac:umulation that ia built up. Be atated aomeone had said they were
suppoae to wash ouL these d~•.mpstere ever~dayt however, if they were waehed he
woadeced whete they would drain. Be etated h^ haa tried to get the disposal
company to chanqe the dwopsters at leaet once a month becsuse they have the
ft~cilities to wash them, but it doesn't w~rk that wey and they change them
when they feel they need to be changed.
11/a.4/83
a coMMi8~i9N. NOV$MBKR 1~. 1983 8_
MIN~TRB. 11N1186IM CITY PL~INN3S1
Re~pondin9 to Chairao~ae-n Bouas, Pastor lockell ateL~d th~y er~ in the pcoc~as
o! s~ttiny up tihi+~ aa~a~ proc~a• at ihe n~w tacility in Or~nq~r pluo s~tting up
coolec4r free:~cs, ~tc. and th~Y ac~ buildinq in s larg~ co~nmeccial qarbaqe
dieposal at th~ Orange iacili.ty and ali the fr~~h pcoducts will be taken to
thet locetion nnd ail the pick up will ba done lcom the Oranga locetion, but
ha Atiill n~eda thia iscility for the dry qoods, etc. He acated they qcow each
mon~h anbefoce Jul hofpnextiyeec,ttheyswi113beohelping~in~exceaanof 50a000.
thought Y
Reaponding to ChairwomAn Bouea, eill Connera seatied they could poasibly be
resdy to move into khe Orange fecility by t~ebruowY~r tocthed~ew~fecility before
waiting for Southero California sdiaon to qst p
inatalling the commercial gatbAge disposal.
Pestoc Forkell etated thay went to move se soon as poesible becauae they do
not need t$wah+~andehencan~undetetendhllra1P~cnell~eiconcernseibut~e-hhntced~has
one bloak Y
built up.
Commis8lonec Hecbst ateted the whole neiqhbochooa seeme :o be both~red with
thia and he thought there ie '~c~ething wrong or all these people would not be
here ta pcoteat and the Planning Commisaion believea that the kiiniat~y ie
doing d wondc~ful job, but the Commiiocation andethey~are ~rowding~theuacean~
he thought thie use is in the w~ong He atated^the Commiaeion did
with trucks end he is glad they will be moving.
give them an opportunity ana ~h~re have been a lot of c~mpleints and there has
to be a ceason foc the cc~aplaints. He steted he could not vote for the
continuatioa 8houhd8betlirian~industrialLareabeca~~~~wouldunotdcrentetpcoblems
downtown an
Eoc the neighbocs.
Commieaioner Bushore ateted if thia hed been a normal operation cather tha~n
~he •Locc:•a wock', the Con~ission would have refused it a long timt ago and
nevex allowed it in this locationt that the Coa~mieaioneca are lend
planners and d~e ai~i~hetg odiworkbthattia beinglac ompliehed,ubutiithehould ~
the area despi
not be done out of thia location.
Commiseioner La Claire atated they ate t~+lkiealatiuhtaeandnpointed~outrit took
CommlBSioner Buahore atated they do have app 9
over a year to get to this point beceuae of all the contiau~fter~thecpermithis
th~.~9ht -~ocmalJ.y withi.n 30 days, the use ahould be stoppe
revoked.
Jeck Whita st+~ted normally revocation would take effect lulmed~a~aly with the
undecatanding there ie an aut~~Atic 22-day appeal period and that if the
action ie appealed, the hea-tic-g woul.: be in fcont of the City ~~uncil.
l~C_ TION: Commissione= Bushote offered Reaolution No. PC83-216 and moved for
its passage und adoption that the 1-naheim City Plenning Coimaission does heceby
revoke Conditional Use Permit No. 2342 on the baafs tht~t the current uses on
the propecty are being conducted 3n e manner which violatea tbe conditions of
~pproval of thethefgubliccsnhealthaand8orpsafetyaandiinaammannerWwhichi8
detrimental to P il/1~1/83
MINUTBB,_ 11NJ1lieIM CIT_Y YJ.~1~1 1~I 1~ Q~Q~2.~$ION, NOVEM86R_~4. 1983 83-7~9
con~titut~a a nuiaanc~ !~c th• followinq rearonA: (1) f~ilur~ to obtain the
c~quic~d parking a9r~~mont w2~ich i~ c~il~d tor und~r th• ortqinal conditional
use p~rmit~ (Z) odor~ end noi~~s, (3) trucka loading and patking in th~ elley
end noise dnd ~umea lrom th~ trucks~ (~) •xc~s~iv• amount o! vehicl~a (he
pointsd outi t~• had p~raonaily oba~cved this properky ov~c a p~riod o! time end
expla~n~d he get, his car ~ervic~d two lota aouth of North 8treet enQ has
watchsd khis qoing on for .om~ tim• and has aeen some of th• thinga that are
goinq on and it io a amall prop~rty for what !• being done end naw it ie time
!or th~m to move on. H• added 1E thay wAnt to try another plac• in this City,
hA wi11 be glad to lend sn open ear to it, but it doea balong in an induatcial
~cee whece thece are no neighbors. He udded it ia not working in thie
location.)
Commia8loner La Claire Asked if the cevocetion is for th~ miniatry or the
dietclbution of food.
Commiseioner Buahoce atated he is talking about the enkire conditionel uee
permit in terme of the minlstcy, the church end the food diatcibution, because
ihey do not have t~ny perking for chucch secvicee and there are services 4
times a waek nnd it ie demonstrated by the trucks that there ia no parkLng and
also there are people living on the property with motor homes b+~cking up to
the property end ataying on the praperty overnight. ee explained hia
reaolution ie foc the entire uae permit.
Chairwoman Bouas asked if Commissioner Buahore would allow the ministry to
remain in force.
Commisaioner Bushore cesponded h~ would not and it has been more thdn
deraanstreted that there has been adequate time to take care of all these
pcobleme dnd to pravide the ~ecipracal packing dgreement and by the Pastor's
own teetimony, he wes not able to get an agreement and every other church has
been reqnired to get auch dgrepments.
Commiasioner Eiecbet agreed and stated most of tne people objecting are
property owners in the area and this use Ls affecting their way of life and
the chucch is there only ~n lea8e and can move an more eeaily. 8e etated he
realizes the ministry is helpi.ng a Iot of people, buk they are affecti.ng the
property ownecs and he thought it ia the Planning Coeuaission'e obligation ta
protect the property owner's right~.
Coma-issioner La Claire and Chaicwoman Bouas stated they did not think the
property ownere are objecting to the church. Coauaiseioner Bushore steted he
hes experience with churchea moving into comm~rcial areas in otl~e.r
communitiea and in most comiaunities they cannot even ask for the use because
it has been shown that ii a church grc,ws, it doea not wnrk. He etated thece
is tremendous preaaure for moce and more of these independent churches to be
atarted in these areas because of the expenaive land, but wherever they go,
there is qenerally a parking problem and that 1-naheim is the only City that he
is aware of tha~t even allows it. 8e added there ar~ only two auch ueea in
5antn Ana and they ere there under a~ conditional use pecmit and they will not
be allowed to continue becauee of the problems. He stated churches do not
wnrk in a commercia~l area on property that amall with no parking. 8e stated
there are alrea~dy hard feelinge in the area and thoae are not going to be
overcowe.
11/14/83
INUT68, A~i~~d1M CITY PL~11iNING COMMi881oN aev~e~p~R 14. 198~ 8~ 7SG
Co~uaia~ion~r L+~ Clair• atat~d if ah• was looking at the lacta without ~.ny
pr~judicei at all, ah~ wouid hav~ to conaider the citation• by the City and
ah~ thouqht it is v~ry ditfiault to Find out what ia th• tcuth. 8h• atated
ch~ce w~re e lot o~ camplainti~, buC th~r• w~r• no com~lainta ebout th.
~ainiatry snd th• co~aplainta M*[f ~bout th• lood, truak~ und noi~~.
On roll ca~ll, tihe for~goiny resolution was pess~d by th• following vote:
1-YBSs BUSBORB, liBRBB:, KING, !IC BURNEY
N0B8: BOU118~ L1- CI.AIRB
]188BNT: PRY
Jack White, 1-Qaiatant City Attorney, preaented ths written right to eppeel the
Ple-nnir.g Commiseioi.'e de~iaion w~thin 22 days to the City Council.
Commiaeionec La Claire atated ahe voted e~gainst the reeolution berauee the
revocation Aff~cted the minietry ea wfll na the ,11~tcibukion of food.
Pastor Forkell staCed he understanda vhat is happe~,~ing, but he aanted to
emphasize that they cannot juet pick up and move becauae that does tske moneyr
howevec, they will appeal the action to the City ~ouncil.
RECgSS: 6:02 p.m.
RLCONVENE: 6:30 p.m.
Commiasioner Le Claire l~ft the meeting and did not return.
Commisaioner McBurney le~t the meeting at 6:30 end returned to the Council
Chamber at 6:35 p.m.
ITBM N0. 7. gIR L3J. 253 (PRBVIOUSLY CEI2TIFIBD) AND T8NTI~TIVE M11P OP TRACT NC.
11830 t 1tEV. NO. 1)
PUBLIC HEI-RING. OWNERS: GDC 111, 228 W. Main Street, Tuetin, C11 92680,
1-TTLNTION: RALPH SPARGO. Property deacribed as ee rectangularly-ehaped parcel
of land consisting of e~pproximate2y 19.57 acrea, heving a frontage of
apptoximately 660 feet oa the north aide of Lincoln Aven~ie having a ma:.imum
depLh of Approximately 1290 feet and being located approxima~tely 325 feet east
of the centerline of eedch Boulevard and further deearibed ae 2925 West
Lincoln 1-venue (Lincoln Beach Mobile Manor Park).
Reque~t for amendmenk to the Conditions of Tr~ct No. 11830 (Rev. No. 1).
Ralph Spargo, Gfell,er Development Company, wee present to ~nswec any questiona
and asked that the awended condition No. 22 be changed to cead `prior to
iseuance of building permite...•
THE PU$LIC HEIIRING W11S CLOSBD.
ACTION: Commiasioner King offered n a~otion, seconded by Comaiiesioner eerbat
and MOTION C1-RRIED (Commissioner Fry abaent), tha~t the 1-naheim City Planning
Comaisa±on doee hereby amend Condi:iion Noa. 22, 25 and 29 of Tract No. 11830
(Revieion No. 1) to read ae followe, includinq all conditions:
11/14/83
INUTe~,_1-tiAH~IM CITX PLl1NNINa COMMI88tON. NOVBMBSR 14~~983 _ 83~750
Cowuai~tion~c La Cl~ir~ ~t~t~d if ah~ was lookin9 •t th• laata without eny
pr~~udic~• st ~11, sha would hav~ to consid~~ the cit~tion~ by the City and
ah• thouqht it i~ v~cy ditticul~ to lind ~~t whrt ia the tcuth. Sha st~k~d
th~re w~c~ a lot o! co~pl~i~.~a, but th~re w~c~ no co~plair~tr about th•
~~niatry and th~ coapl~int~ w~c~ about tho lood, kruck~ and nois~.
On roll call, the for~goiny resolution waa psa~ed by thf following vote:
AY68s 8'J$80RB~ B~RBST~ KING, MC BURNEY
NOBB: BOUAB, L~ CLAIRB
~BSBNTt FRY
Jack whita, Aasiatant City Attocney, presented the written right to appeal the
Planninq Conunis~ion's decieion within 27 daya to the City Council.
Commieaioner La Claire steted ahe voted egainet the reeolution becauae khe
revocation aPfectad the minietry as well as the diatcibution of Food.
Pastor Forkell eteted ha underatands whet ie happening~ but he wented ko
amphaaize that they cdnnot just pick up end move beaauae th~t doea take ~oney=
howevet, they will appeal the ection to the City CounciY.
RBCESS: 6:02 p.m.
RECONVBNB: 6:30 p.m.
Commissioner La Claire left the meeting and did not return.
Commiseioner McBurney left the meeting at 6:30 and returned to the Council
Chamber at 6:35 p.m.
ITEM N0. 7. SIR NO. 253 (PREVIOUSLX CERTIPISC~; )1ND TBNTATIVE M11P OP TRJ-CT N0.
11830 (REV. NO. 1)
PUBLIC 8E11RING. OWNBRS: GDC 111, 228 W. Mein &treetr Tuetin, CI- 92680,
ATTSNTION: R1-LPH SP1-ItGO. Property deaccibed as a rectangularly-eheped parcel
of land consisting of approximatsly 19.57 acres, htsving a fcontage of
approximataly 660 feet on the north eidR of Lincoln 1-venue having a~~naximum
depth of appcoximately 1290 feet and being located Approximately 325 feet east
of the c:enterline of Beach Boulevard end furthec described ds 2925 West
Lincoln 1-venue (Lincoln Beach Mobile llanor Park).
Request foz amendraent to the Conditions of Trect No. 11830 (Rev. Na. 1).
Ralph Spargo, Gfellec Developwent Company, was pceaent to answer any questiona
and asked that the amended condition No. 22 be chr~nged to read 'prior to
issuance of building permits...'
T8E PUBI.IC HSl-RING Wl-3 CLOSSD.
1-CTION: Coaunieaioner King offored a motion, seconded by Couteiissioner 8erbat
and MOTION C1tRRI8D (Cowuaiasioner Fry a~baent), that tt-e l~naheim City Planning
Comwiesion doea hereby amend Conditinn Nos. 22, 25 and 29 of Tra~ct No. 11830
(Revision No. 1) to redd as followe, includiag all conditione:
11/14/83
MXN[7T68, ANANEIM CITY PWINNING COrMIS~ION. NOVBMBRR 14L 1983 93-~7S1_
1. Thet traah ~toraq• a«as shell be proviGed in eccordence with
approved plsne on iil~ with tha 8treet Maint~nance end 3enite~ion
Dlvi~ion.
2. That pcioc to coaunanc~ment of atructural framing, f.ire hydrenta ahall
bo inatelled end charqsd e• cequicod and determined to be neceeaary
by the Chie! of the Pire Department.
3. Th~t all lots within thia tract shall be aerved by underground
utilitie8.
4. Thet drAinege of subj~ct property shell be disposed of in a mennec
setiafactory to the City EnginQer.
5. That tho isauence of building permita to allow the coneCruction of
subject pr~ject i.n mote than one phase of development ahall be
aubject to the completi~n of traAh removal Eoc the area covered by
said phaee of development in eccocdance with an approved TeAeh
Remaval Plnn.
6. That the owner of s~~bject pc~perty shell pny to the City of Anaheim
the appropriate perk end re~reation in-lieu feea as determined to be
appcopriate by the City Council, aeid fees to be peid at the time the
building permi.t 1A iasued. J1lternatively, the owner may conetruct
improvemento et City perka. Such improveme~~ts ahall be made only if
appc~ved by the Parka and Recreation Depactment.
7. That all pcivate atreeta shall be developed in accocdance with the
City of Anaheim's Standard Deteil No. 122 foc private streete,
including inatellation of atreet ne~ne aigns. Plane for the pciva~te
atreet lighting, as required by the atandard detail, ehall be
aubmitted to the B~ilding Divisi~r. foc approva2 and ir~cl.uded with
the building plane prior ta the issuance of buildi.ng pecmits.
(Privete stre~ts are thoae which provide primary accers and/or
circul~tion within the pro ject.
8. That temporery atreet name signs shall be instelZed prior to any
occupancy if pecmenent atreet name eigns have not been inatalled.
9. That prior to iseuance of a building permit, the appcopriate traffic
signal asseesment fee shall be paid to the City of Anaheim in an
amount e~ ~etermined by the City Council fec each new dwelling unit.
10. Thet an off-site st~rm drain to the Carbon Creek Plood Control
Channel, a8 appcoved by the City Enginesr, shall be conetructed and
operetional prior to the appccval of a grading plan for Phase III
unlesa required previous~y by the City Bngi.n~er ae e result of
makerial f ound in the grading of Phase 1 or Phase 2.
11. That the off-eite sanitary ae~-er ehall be constructed and functional
prior, to any occupancy of Phase 2 unless requiced by the City
Engineec at an earlier time.
12. That no on-site dcainaye ahell be peranitied to flow onto Lincoln
:+venue except ae app~oved by th~ City Bngineer,
~1/14/83
MINUTF5, ANAHBIM CITY PLANNING COMMiS8I0N, NOVEMBSR l~,_1983 83-752
13. That the d~~igr. of on-eite dcsin~q~ stcuctutes oh~ll b• epproved by
the City Bngineer prlnr to approval af ~ny gredinq phaaa for aubj~ect
iite.
1~. Thet e separete grading E~la n ehall ba prepered and approved by thn
City Engineec Eor eech cc ns~truation phe9e nnd en J-s Greded Plen
shetll ba prepered, certified, nnd eF~roved ~or each phase prior to
atart of grading on the ne xt phase o~ at auch other later timea ae
may be! authorized by the City Bngineer.
15. Thac the aellec nha.11 prov ide the purcheser oE eech reeidential
dwelling with wcitten into r mation concetning Annheim Municipal Code
Section 14.:32.500 per~aining Go "P~rking reetricted to facilitate
atreet sweeping'. Such wcitten lnformetion shall clearly indicete
when on-alreet perkiny is prohi,bited And the penalty Eor violAtion.
16. That prlor to Einal etree-t lnepectiona, 'No parkiny for street
s~weepiny' signs shell be inet~lled ae required by the Stceet
Maintenance and sa~itation Division nnd in a~ccocdance with
epecifications on file with said divieion.
17. 'i~hat priur l•~ ieauance of a building permit, eppropriate wate~
aa8esament Eees shdll b~e paid to the City of l~naheim, in an amount
as determined by the Offic e oE the Utilitiee Generel Meneger.
18. That Che median island mod ification in Linc~ln Avenue shall be
c:ompleted prior to a~y occupancy in Phflae 1.
19. Thot e compcehensive on-s i te vehicular acceas end parking plan
which, unless otherwiae a~proved by the City Tcaffic Engineec, shall
ahow tandem packing along only one eide of eech dciveway aisle shall
be aubmitted by the developer/owner for review and approval by the
City TcafEic Enqineer prio r to the iseuence of building permits.
2U. ihat a detaile~l Trash Remo val Plan shall be submitted by the
developec/ownec foc ceview and approval by the City and other
concerned public egencies pcior to approval of grading plans or
issuance o;E building permi ts, whichever occurs Eirst, ~or any area
or phase of such developme nt upon which said iandfill currently
exlata.
21(a) That the owner(s) of the s ubject property shall pay to each
mobilehome owner ~s identified in the conversion impact repork
relocation beneEits in the respective amounta as set forth on
Exhibit 'A• nttached heret o end incorporated hetein by thia
reference, or auch other benefits as mutually agreed upon between
the park ownec and the a-ob ilehome owne[. Said relocetion benefita
shall be pai.d to each mohi lehome ownec, and proof thercof submitted
to City in a form satisfactory to the City J~ttorney, prior to the
issuance of any building permit Eor any phdse or portion of the
proposed developa~ent othe r than these portions identified as Phase 1
and Phase 2 as ahown on t he Phasing Plan. Sheet 4, Reviaion NQ. 1 of
plans on ffle in the Planniny Departn(ent o¢ the City of ~-naheim, or
prior to July 1, 1985, whichever occura first.
11/14/83
MINUTBS. 11NAHBZM CITY PWINNING COMMISSION, NOV6MBER 11L1983 63-753
(b) Thet not withatending ~ubpec+~greph (e) above, any mobilehome owner
who relocetea f~om the park at any time eEter the date of ieauance
of grading permits foc any phese of tha dovelopm~nt ahall be paid
eald .alocotion pbnefits contemporeneous with the termination oE
each tenancy provided, hAwevec, t~~a t euch Adv~nce paymenta purauant
to thia aubpsregcaph (b) need not be mede et any time in edvance of
~he date otherwiae set forth in au bperagreph (a) to moce than ten
perc ent of euch mobil^h~me ownere.
(r_) That the emount of said relocation beneEits payable to each
mobilehome owner pucsuant to eubparegr4ph (a) ec (b) above, shall be
increased by an ~mount equal to eny incr~ePe in the Cansumec Price
Index for Ucben Wege Earnere and Clericel W~~rkere, 1~11 Items~ Los
~-nyeles-Long Beach Met~opoliten Aree (1967~I.00), published by the
United Statee Department of I.abor, Buceau of l.abor StAtiatica
('Index'), which ir~ published ne~reat to the date oE thia resolution
as c ompared to 4he Index most rece ntly publinhed prior to the date
of payment of said relocetion benef ita.
( d) That the owner af r_he aub ject ~:raperty ehell poat a pecformance bond
in an amount and form a~titsfactory tu the City ~ttorney to guarantee
the payment of. eaid relocation be n eEils.
22. That prioc to isauance oE building permi_s, t.he apglicant sh+~ll
p[esent evidence satiafactocy to t he Chief Building Inspectot that
the proposed ~roject is in co~formance with Council Palicy Number
542 'Sound Attpnu~tion ln Fteaidential Pro~ecLa'.
23. That prioc to iAauance of suilding permlt$, the applicant shall
present evid~~nce satieEactory to thP Chief Building Inapector that
the reaidential units will be in conformance with Noise Insulation
Standards epeciEied in the Califo cnia Administrativa Codf, Title 25.
2A. That should thia subdiviaion be ~ieveloped no mure than one
subdiviaion, each aubdivision the reof shall be submitted in
tentative form €or approval.
25. That prior to iasuance of a building permit, the original documents
oE the covenants, conditions, and restrictiona ahall be submitted to
the City Attorney's Office and approved by the City Attorney's
Office, Public Utilities Departme nt and Engineering Division. Said
documenta, as appcoved, ehall then be filed and recorded in the
Office of t~e Otange County Record~c subsequent to recardation of
the condominium plan with the Sta te Deparcment of Real Eatate and
pcior to final building and zor~ing inspections.
26. That prior to fin,~l tcact map approval~ street names eaall be
approved by the City Planning Department.
27. That a bond, certificate of deposit, letter of credit, or cash in an
amount and form satiafACtory to the City of ]~naheim sh^.11 be poated
with the City prior to approval of the fin•~1 tract map to guarantee
the installation of the off-eite facilitie~s aa required in
conditione 10 and 11 hecein.
11/14/83
MINUTBS. ANANBIM CITY RLANNING COMNI88ION. NOVEMBBR 1~ 1983 83-754
29. That khe approvel of the ~~ntative Map of Tract No. 11830 (Ravipion
No. 1) i~ grent~d eubjock to Ghe eppcavAl of Variance No. 3346.
29. Thet prlor to any finel tcact map approval~ the owner of the
pcopocty shmll complek~ perfor~ancR of Condikion Noe. 1 Lhrough 23,
25 and 26 khereof, or cecocd e covenant egainst the propecty in a
form epp[oved by the City Attocney guarnnteeing pecfor~ence of eald
conditiona within the kimea othacwiee aet Po~th in ~n1d conditione.
ITEM N0. 8• EIR NEGATIVB DECLARATION (PREVIOUSLY APPRQVBD)_AND TENTATIVE M~P
UF TRl-CT N0. 11364
PUBLIC HEI-RING. OWNERS: CPHRI-M BE11RD, ET 1-L, 1542 'B' Moult.on Parkway,
Tuetin, CA 92640. AG~NT: CAREW PROPP.RTIES, .INC., 7745 F.ask Redfield,
Scottsdale, AZ 8526U. Pcoperty described aa e rectangul+~riy-~heped parcel of
lAnd consiating of approximetely 4.7 acres, 1241 Soutt~ Be~ch Houlevard.
To ce-establieh an 83-lot, 8q-unit RM-3000 Zone condominium eubdivlaion.
There was no one indicetiny their preeence in oppoeition to RUbjBCt request
nnd although the ataff cepoct was not read, it is referred to and mede a~art
cf, the minutes.
Dnv.id Corniah, agent, was present to answec any yueskions.
THE l~UBLIC HEJ-RING WAS C.LOSED.
ACTYON: Commiseionec Ring offered a motion, aeconded by Commiseioner Mceurney
and MOTION Cl-RRIED (Commisaionec Fry absPnt ). that ttie l~naheim City Planning
Commission doea hereby find that the pra~oeed aubdl.vision, together wi.th ita
design and improvement, is conaistent with the C~ty of J-naheim Genecal Plan,
pursuant to Govecnment Code Section 66473.5i And does, therefore, approve
Tentetive Map of Tract No. 11364 f~r a 83-lot, 80-unit RM-3000 condominium
subdivision subject to the follor~ing cor,ditiona:
1. That the approval oE the Tenkative Kap of Tcact No. 1:364 is granted
subject to the appcoval of Conditional Use Permit No. 2164.
2. That should thie subdivision be developed aa more than one
aubdivision, each aubdivision thereof ahall be aubmitted in
tentative f orm for approvel.
3. That prior to finsl t~ect map approval, street nameg shall be
approved by the City Planning Department.
4. Tt~At all pcivate stceeke ehall be develoFed in accordance with the
City of 1-naheim's Standard Detdil No. 122 ~or pcivate streets,
including inatallation of atceet nnme signs. Plans foc the pr.ivate
street lightinq, as required by the atandard detail, shall be
a~ba~itted to the Building Divis~.on for approval ar~d included with
the building plans prior to the iss~ance ef building per~fts.
(Private atreets are thoee which provide primary access and/or
circulation within the pcoject.
11/14/83
MINUTBS. AN~HSIM CITY PL~NNING COMMISSIAN~ NOVEMBSR 14. 1983 83-755
5. That the on-e:te aanitar! e~wera shall be ~rivately ownad end
msintained by the hom~owners aseocietion.
6. That temporary etteet name aigna shall be installed prior to any
oacupancy if permanent atreet name signa have not beRn lnatalled.
7. Thdt pr~oc to final trsct map sppcoval, the developec ehall enter
into an agceement with the City of Anaheim purauant to Government
Coda Section 65915 to provide that twenty-five percent (25t) oE the
reeidential unite shall be eold as low and moderete income houaing
as defined in Gov~rnment Code Section 65915 end with appropriatP
cesale contcols ea eppcoved by the City oE Anaheim.
8. That ~r~oc to final tract map approval, the Applicant ahall preaent
evidence eetisfactory to the Ct~ief Building Inspector that the
propoaed project i~ in confocmance with Council Folicy Numbpr 542
•Sound Attrnuation in RRSidential Projects•.
9. Thac prioc to final t~act ma~ approval, the ociginal dacuments of
the covenanta, conditions, and reatcic.tfona, ~nd a letter addcessed
to the developec's tikle compeny authocizing recorddtion r,hereof,
shall be submitted to the City Attocney's Off.ice and approved bx Che
City Attorney's OEftce and Engirteering Division. Said doruments• a~
a~pcoved, will then be filed and recorded in the OfEic~ oE the
Orang~ County Recocder.
1TEM NU. 9. EIR NEGATIVF DECLARATION, WAIVER OP CO~E R,~UIR~MENT ANA
CONDITIONAL USE PERMIT N0. 2507
~UBLTC HEARING. OWNERS: BETN ADAMS, LTD., 1545 Wilshire noulevard, LoR
Angeles, Ca 9U017. AGENT: DAVID V. ADAMS, i505 Witahire R~~~levnrd, Lus
Angeles, CA y0017. Property described as a cec.tangulncly-9haped narc?1 of
land consiating of eppcoximately 0.87 acre, loceted ak t.he northeast cornec of
Katella Aven~~e and 2eyn Street, 131 Weat Katelta ~~en-:~.
To permit cetail aporting goods sales inthe ML Z~nP with waivess of: (a)
minimum numbec o~ parking spaces and (b) minim4m landsc~ped setback.
Thece was no one indicating their pre~~ncr ~n opposftion to subject request
and although the etaff repart was not ~end, it ~~ refecred to and made a part
of the minutes.
David Adams, agent, was present ku answec any questions.
THE PUBLIC HEI~-RING WAS CLOSFD.
Kendra Morries+ l~asisCant Planner, asked that Condition No. 5 be amended to
nhow that c,onditional Use Permit No. 1761 shall be terminated instead of
Yariance No. ~~61.
Commissir,ner McBurney rekurned to the meeting.
11/14/83
MII~UTBS, ~N~NbIM CITY PLJINNING C')MMISSION, NUVEMDBR 11, 1983 A3-756
AC~'IUN: Comtniegioner King offered e mokion, aeconded by Commi~-aloner Herbst
an~i MOTION CARRIEA (Coa-mieatoneca Pry and [.a Cleire ebs~nt end Cammieaioner
McUuxne,y abataining) thet th~ ~naheim City ~lenning Commieeion has revieNed
the ~copoaal to permit retail npart•.ing yc.~~de salea in the ML (Induskriel,
Limit~d) Zone with waivers of minimum number of parking apacea and minimum
landscaped setbeck on a rectangularly-ehaped percel oE land co~sisting oE
appcoximately 0.87 acrr located at the northeaet corner of Kete.lla Avenue and
Zeyn StGeet and turther described as 131 Weat KatellAt and does hereby approve
the Negative ~eclacation uNo~ findin~~ that it has conaideced the I~eyetive
Uecldretion togethe~ with any commenta received during the public reviea
process and fucther Einding on th~ bmsie of the Initial Study and .~ny commenta
received thet there is no aubstential evidence that the project wi7.1 heve a
signifiannt effect on the environment.
~ommissionec Kinq offered a motion, aec~onded by Commisaic~ner Herbat and MOTION
CARRZED tCommiseionera Pry and Le Cleice abaent and Commiasionec Mee,~:ney
abate~ining), that the Anaheim City Plan~iing Cc~mmisaion does hereby gc~ent
waiver of Code requirement (e) on the baeis that the packiny variance will not
cause an inccease in tcafflc congestion in the immediete vicinity nor
adveroely affact any edjoining .land uxes and ttiat the park4ng waiver will not
cauae an incceaee in trafE;lc cangestlon in the immediate vicinity nor
adversely afte5:t ony adjoining land uses ,~nd th~:~t the granting of the parking
waiver under the conditionc~ imposed, if ary, will not be detrimental to the
peace, health, safety and general welfare ~f the citizens of the City of.
Anaheim and qranting ~aiver (b) on the ban:g that there are special
cicaumstancea applicahle to the propecky such as gize, shape, topography,
location and aurcaundings wt~ich do noC eppl;~ ta orher identically zoned
propecty in the same vicinity; and that atrict application of the 2oning c'~de
depcives the pruperty of privileges enjoyed ,~y ott~t~r propertiws in the
identical zone and clasaification in the vicinity and subject to
Interdepartmentel Committee recommendakions.
Commisaioner King offered Resolution No. PC83-217 and moved for its passage
and adoption that the Anaheim City Planning Coi~missi,un does hereby grant
Conditional Use Pecmit No. 2507 pursuant to Anaheim Municiptl Code Sections
18.03.030.030 thr~ugh 18.03.030.035 and subject to I~terdepartmental Committee
cecommendations including an amendment to Condition No. 5.
On roll r.all, the faregoing resolution was pasae~l by :t:e followin~ vote:
AYES: BOUAS, BUSHORE, HERSST, KING
NOE~: NONE
ABSLNT; PRY, LA CLAIRE
ABS:AIN: MCDURNEY
Mr. Adams asked about the condition pertaining to sidewalke and pointed out
thpr~ ace no eidewalke in that area. Jay Titus, 4f~ice Engineer, explained
the petitionec can requeK', a side~ralk waiver thro~gt: the City Engineer.
Mr. Adams stated he thought the street lighting fe~~s were previous.ly paid.
Commissionec eushore str.ted that was one of the prob],ems with the previous
tenant because the landlord did not want to pay the fees and the tenant did
not want to pay ther,~. He steted if the feea were paid, they would not have to
be paid again.
I1/14/83
MINUTBS. ~NAKBIM CITY ~LANNING COMMISSION~ NOV~MB~K 14. 1983 83-757
Commio4loner King ateted the petitiunec neede k~ be commended ~or improving
that pcoperty.
ITEM N0. 10. EIR NBG~TIV~ DE~LARATION AND CONDITIONAL USB PFRMI7 N0. 2510
PUBLIC HEARING. UWNSRS: ~ANCY i JACK CULP, JR., 6614 Oceanview, Ca[laba8, CA
92008. Proporty described as a rectangulerly-ehaped perce: of lend coneieting
of dpptoximately 0.86 acce, 2990 end 2896 Micelome Avenue.
To expand an exieting contractor'e storege yard.
~~here was no one ind~ceting their pceeen~e in opposition to aub~ect request
and although the etaff report wea not re~d~ it i$ ~eferred to and made a part
of the minutes.
Jack Culp, owner, explained Parngcaph 16 in the etaff report atates thaG the
peet control businesa is skill locate9 on the propertyt however, it moved
about une year agu. de explained thece are four of hie trucke parked on the
property in conjunction with hia buoiness (J.C. Contcactocs) and thia request
is to extend khe uaes to allow an office for U.S. Recover}• Servlces and also
an 84 foot by 86 foot st.orage area in the rear and also Horizontel High Reach
would be the oth~r u$er.
THE PUBLIC HEARING WAS CLOSBU.
Responding to Commisafoner Herbst, t~c. Culp eta~..ed Hocizontal Hi9h R~ach ia a
sciasoc lift and they lease tneir pquipa~Ent out and ~lso do a little cepeic
and that U.S. Recovecy is a repos~easion type busineas for reposeessed items.
He claKified that tc,ere will only be tw,~ ~ti~er ~uainessea on the proF>erty
besides the four piecPs oC r_yuipment hP ACorea thera.
Mc. Culp explained he ~as a t.+ro-year. lease with Ho~izontal High Reach and
pointed out thie is one of tne nic.est ~capertiea ~+lonc~ that atreet.
I~CTION: Cammiasioner King offrred a motiun, zecon~pd by Commiasioner McBucney
and MOTION CARRIEV (C~mmissioner~s Yry and Le ~:a:re absent), that the l~naheim
City Planning Comm~ssion has reviewe9 the prupasal to expa~d an exiating
contractor's storage yard on e rectangularl.y-s~aped parcel of land con8lsting
of approximately 0.86 acre, having a frontage of approximately 132 feet cn :.he
south side of Miraloma Avenue and further described as 2990 and 2898 E.
Miraloma Avenuej and does hereby approve the Negative Declaration upon finding
that it has considered the Negative Declaration togethec with any comments
ceceived darin~ the public review process and further finding or~ the basis of
the Initial Study and any comments received that the:e is no subatantial
evidence that the project will have a significant effect on the pnvironment.
Commissioner King offered Resolu~ion No. PC83-218 and moved for its paasage
and adoption that the Aneheim City Plan~ing Commiseion does hec8by grant
Conditional Use Pecmit No. 251U pursuant to Anaheim Municipal Cor~e Section~
18.03.030.030 through 18.03.030.035 and aubject to interdepartmental Coaunlttee
rec~mmendations.
Kendre- Morries, ~-ssista~k Planner, clarified that approval of thie would be
for a total of three busineases on the property rather than four. 11/14/83
MINUTBS ANAHBIM CITY P~nnaa~ w~~•••••_~.. ---,-------~---
On roll cAll, the Eoregoinq cmaol~ation was paesed hy thP following vote:
~~ygg~ gpUAS~ BUSHORR, HBRBbT, KING~ MC BURNLY
NOSS: NON~
AgSBNT: PRY, GA CLAIRE
I
-~
Z511
PUBI.IC HBJIRING. ONNERS: ALFRED A. H~LVE AND SONS, 1NC.~ 1314 Sequola,
Lindaay, CA• AGBNT: BDW1-RD P. DEUTSCHr 1711 W. Katella AvRnue, 1-naheim, CA
92804. [~roperty deaccibed as a irregularly-sheped parc~l ~E lrnd consieting
ef approximatelYn~•F~~clidsstreeked1711cwest~-ca~~ella~Avenuea(Housetof~Cateringl.
Katella 1-venue a d
To permit on-eale beec and wine in an 4xieting sandvich ahop.
Thece wea no one indicating ttieir p[esence in oppoaiti~n to subject ~.equeat
and although the staEE report was not read, it is r.eEerred ~o and made a pact
of the minutes.
Gereld Ploch, 119U1 Gilbp~t, Gardpn G~~v~, egent, waR preaenr, to a+nrswer any
queat.iona.
'PHE PUBLIC kiBARING WA,ri CLOSED.
It was note~ khe 1'lanning Director o[ his authuc~zed repcesencative h..
detecmined tha~. the proposed project fall~ within che defirrition of
Categorical ~xemptions~ Class 1, as defin9d in the State Environment~- ;~~5j~
Repo~t Guidelines and is, therefore, categorically exempt ftom the ~-
to prepare an EIR.
•.:,~ . cF
ACT1pN; Commissioner King offered Resolukton No. PC83-219 and movK:
passaye and adoption that the 1-naheim CiCy Planning Commission ~~~= ~ wr'~'~'
gcant Conditional Use Permit No. 2511 pursuant to Anaheim tluni~~Ptl rr~ental
Sections 18.U3.030.030 through 18.03.030.035 ar.~ aubject to inrec~~
Committee recomme~dations.
On roll call, ihe foregoing ce~olution was paeaed by the followinc •=~"~M~
AYES: BOUAS, BUSHORE, ~i6RBST, KING, MC BURNEY
NOBS: PRY, L1- CL.J~IRE
ABSBNT: NONE
Jack White, ~-saistnn8 aecision~withinp228daysdtohther::itynCoun~.i;c` ~ppea the
Planning Commissio
11/14/83
MINUTBS. ANAH~IM CITY PLANNZNG CQMMIS&IO NpV~MBER 14. 1983 83-759
ITBM N0. lZ. BIR NEGATIVB D~CLA~ATIUN ~ WAIVSR OP CODE RE~UIRBM6NT ANU
CONDITIONAL U~E PERMIT N0. 2512
_....._l...._._.._.
PUBLIC HEARING. OWNEKS: THOI~iAu P. MALKEFZ~ ET J1L, 2855 E. COalst HighwAy~
Co[on~ Del Mer, CA 9262~. ACENT: ll~t~NY'S RFSTAURANTS, 16700 Valley 1'iew
Avenue, Le Mirede, CA 90637, 11TT~N'ftON; PRJINK P. GHI~LILI. PrAperty de~c[ibed
ae an irregularly-shaped parcel of ]end coneisting of approximatoly 0.82 acre,
laceted suuth and aeat of che aouthraat corner of Via eurton Str~et and State
College Houlevard, 142U N. Stete C.~llege Bouleve~d (Denny's Reataurent).
To permit on-sale beer ind win~a in an exiating restaurant with weiver of
minimum number of perking s~cces.
The[e was no one indicating their presence in oppoc~ftion to subject requeaL
end elthough the aCaEt repo~t waa not read, it is rPfecred to and made a part
~E the minutes.
Roger Lyons, 167U V~911ey Vi~a, i.a Mir~+da, waa present to answer eny q.:cr,tions.
'CHS PUBLIC HEARING NI~S CI.USP.D,
ACTION: Commie~siu~~c Kir.g nfEcrred a motion, seconded by Commiseioner McBurney
and MOTION CAItRIED iCr~mmis&ionPrs Pcy and Le Claire absent), that the Anaheim
City Planning Commisszon hae ~eviewed the propoaal to permit ~n~sale beec end
wine in an existing ~eQteucant with waiver of minimum numbec of parking apACea
on a irreyularly-ahaped parcel of land consisting of epproximately 0.82 acre
located aouth and east of ~he southeaet corner of via Burton Street and Stat~
College Boulevard and further deacribed as 1420 N. State College Boulevard
(Denny's ReatAUrant)t and dflee he~eby approve the Negative Declacation upon
finding that it has considered the Negative Declaration togethec with any
comments received during the pu~ltc ceview procese and further finding on the
besis of the Initial 5tudy and any comme~ts :eceived that there is no
substantial evidence that the praject will have a signifi~ant effect on th~
environment.
Commiesioner King offered a motion, seconded by Commisaioner McBurney and
MOTION CARRIED (Cor.miasioners P'ry and La Claire absent), that the 1-naheim City
Planning Commisaion does hereby grant aaiver of Code cequirement on the basis
thet the ~arking waive: will not cauae an incceaee in traffic congestion in
the immediate vicinity nor advecsely affect any adjoining land usea and
granting of the parking waiver under the cond~tions imposed, if any, will not
be detrimental to the pe~ce, healtt~, safety and general welfare of the
citizena of the City of Anaheim.
C~wnissioner King offered Reaolurton No. PC83-220 and moved for its paseage
and adoption that the Anaheim City Planning Commission does hereby grant
Conditional Uae Permit No. 2512 pucauant to Anaheim Municipal Code Sectiona
18.03.030.030 through 18.03.030.035 snd subject to Interdepartmental Committea
recvmmendations.
On roll call, the foregoing resolution was pessed by the following vote;
AYES: BOU11S~ BUSHORE, HERBST, KING, tdC BURNEY
NQBS: NONE
11/14/83
MINUTBS. ANAHEIM CITY PLANNINC COMMISSIQN. NOVBMBBR 14,_1983 ~ 83-760
ABSENT: PRY, LA CLAIRE
ITEM N0. 13• EIR NEGATIVB DBCLAR.~TION, WAIVER UF CODE RBQUIRBMENT AND
CONDIT.ONAI~ USE PERMIT NO. 2513
PUBLIC HEARING. OWNERS: ALFRED ARDBN AND MARTNA J. LINGLP., 1509 W. Rimb~[ly
Avenue, Aneheim, C~ 92602. AGILNT: JB~P LINGLEr 1509 W. Kimberly Avenue,
Anaheim, CA 92802. Pcopecty deacribed es e rectengula~ly-ahaped parcel of
land consi~ting of appcox.imately 7200 aquare feet, 1509 We~t ximberly Aver~~e.
To retain A bird aviery in the RS-720U (Reeidentiel, Single-Pemily) zone wikh
waivec of minimum eetbacks tior bird lofta.
There were khree persons indic~ting their presence in oppo~ition to subjer.t
requeat and although the ateff report wae not read, it is refecred t.o cnd made
e past oE the minutea.
Jeff Lingle, egent, explained he has lettera Erom neighbora to the reAr end on
both sides agreeing with his cequeet.
Mr. Jablan~vich, 1518 Leate~, stated he thinks it is unhealthy to have these
pigeone thia Glose to the homea becauae nobody can ait ;n theic bnck/arda due
to them flying overhebd.
Macilyn Luethke, 1502 Lestec, statec] her property Le on the cornec behind
subject pcoperty and cead a lettec from ~dmon Petecs who lives direetly behind
the coop which is availa~le in the Planning ~e~partment filea expresaing
opposition because lhe piyeons ere a nuisa~ce and eyesore and becauae thFy
cannot use theic pool an~9 spa since it ie dictf and covered with masaive
droF~pinga.
Mrs. L.uethke stated ahe :la~ has a swimmtng pool and it is ~ot very relaxing
to have a lot of pigeons flying overheed.
Richard Luethke, 1502 L~atec, stated the en masse operetion of a flock such as
thie requires that the pigeons be released and that i.s pcobably the part that
bothera them and ~his usually occurs in the afternoon houra. He added he
underatanda ttiat this number of pigeons ie not permitted in thie zone and they
would like to have this request denied.
Jesa Lingle stated he has lived tt~ere for fifteen yeers and has had pigeone
for 10 years and that he has only ceceived one compl$int which he took care
of. He stated he has a letter fro~o a neighbur who hae a pool and they have
never had a complaint about noiae or droppings.
THE PUBLIC HE?1RI:VG WAS CLOSED.
Commiasioner Herbst atated there aeems to be asveral people who are opposed to
this, so the pigeona ~auak be causing some problems.
Mr. Lingle etated the bir~s are controlled by feed and they nevec land and
explai~ed they are racing pigeona nnd are released far training to qet them
acclimated to the area.
11/14/83
MINUTES, ANANBIM CITY PLANNING CUNMISSION NOVBMBER 14 1983 8~-7G1
Com~iaaionar Buahore aaked if tl~e bird~ are eve~ leaaed to production
companisa for qrand openinqe, etc. Mc. Lingla responded h~ tiea navec done
thet.
Chairwomen Bouas asked i~ow often and how many birds are releeaed. Mr. Lingle
reeponded about 35 blyda dce releaeed everyd~yi however, he did not need to
Keleas~ them thnt often and could release them et diEferent ttme~ And thet no
one hsd ever told them there wae a problem.
Kendce M~[riee, Aeeietsnt Plennec, eteted undec the Code, he would be ellowed
one bird fo[ evdcy 1800 aquace feet oE lok Af@d or four bird~ total and ther~a
is a aepacate requirement foc the plecement of tlie coops.
Commisaione[ Bushore etated other pecmits granted were for birds thet did not
go out of the cagea end he did not knov why theae pigeons would dpfecete in
one person's pool and not in another peraon's pool.
Chairwuman Rouas asked if the flight pakterns could be changed and ~dded if
the bi[ds did not fly over the neighbor's pr~pe~tY~ ~aybe thece wauld not be
any opposition.
Commisaioner McBucney auggested moving the caopa. Mr. Linqle stated he could
releuae the birds ~a few ak a time.
Mc. Lingle explained he has 35 birds.
CammisaiAner Buahoce stated he could have fouc birde and move the coops and be
r+ithin the Code. He stated the p~oblem ia that thceP neighbora have oppoaed
the requeat and thp letkere from those in favor did not outweigh those in
opposition.
Commisaio~er Mceurney s~ygeated a conti~uance in order for the petitioner to
work with the neighboce to aee 1E the ~rablema can be resolved.
Mra. I.uethke stated all the neighbocs wock and the ca~da sent out said the
meeting wauld sCart at 1:30 p.m. and they did not take off wock to Attend and
that they feel this is their property right and bought their house in this
pcoperty zone nat expecting to have birda or animals in the area. She etated
the pigeons wece let out of the cages et leaet twice a day ~his aummer and she
did not think that wa,~ good foc their property values.
Conuaisaianec Bushore atated the petitioner can keep four birds, but he cuuld
not app[ove tlis request for this many birds. He atated he likes birds, but
the neighbors h~ve a problem with that number of birds flying overh~ad and
that any Qecmit~ issued befoce were not for birds that would be released fcom
their cages.
FIr. Lingle steted the coop is 7 feet from hia neighbor's houae and th~y have
nevec complained about the noise nor the birds defecating in their pool. He
stated if there is a problem, he will control it and pointed out there are
other birds in the area so those birda could be defecating on the neighbors'
decka.
11/14/83
MINUTES._ANAHEIM CITY PLANNiNG COMHISSION, NOVFMBBR 1~. 1983 ______,~_ 83-762
Commi.seiot~ec tiecbst eaked if the patitiondr eo~~ld keep the birde e.ooped for
one month ~nd then find out fcom the neighbors 1E othec birda are eeusing
probl.ems. Ne etated if he voted fo~ thie uae cight now, it would be Eoc
denial.
Mr. Lingle atated a pe~ruilt was gcanted fac anuther eviery f~r 300 to 400 birda
and il• wes explt+ined tho~e blyda never left ehe caqe.
1+CTION: Commiasionec Hecbst offerad e motion+ end~LaeCleire~ebeent)~,ethat
McBurneY and MUTION C1~RRIED (Commissionera Pry
cons~ideration of the aforementioned metter be conti~ued to the meeting oE
December 12, 1983, in order for the petitioner to keep the bicds caged [o5lems
ord~r to detecmine whether oc not other birde in the aree are ceuoing p
for the neighborA.
ITEM NA. 14. EIR NEGl1TIVE DECLARI~TION AND CQNDITIONI-L US6 PERMIT N0. i514
PUBLIC HEARING. OWNEEtS: D1-VIO AND ROQXN PERSZT, !16 S. Orange Dcive, Los
Angeleg, C1- 90036. AGENT: DR. CLYDE D. VINEYI-RD, 1720 W. OrangP ]lvenue,
Anaheim, CA 92804. Propecty describ~d as a rectangularly-shaped parcel oE
land consiating of approximately 1.6 acre~, 1720 we~t Orange Avenue
(Orengeview Convalescent NospiCal).
To expand Pxisting c~nvaleacent hnapital.
The[e was no one indicatiny theic preaence in oppoaition to subject request
and although tt~e staff repoct. was not read, it ia [eferred to and made a per~
of the minutea.
D~. Clyde Vineyard, agent, was present to answer any questiona.
TNE PUBLIC HEARING WAS CLOSED.
ACTION: Commissioner Ring offeced a motion, seconded by Commisaioner Herbst
and MOTION CI~RRIED (Commissioners F~y and La Clnire absent), that the Anaheim
City Planning Commiseion has reviewed the proposal to expand an exieting
convaleecent hospital on e cectangularly-•ehaped parcel of land consisting of
a~pc4ximstely 1.6 accea, having a frontagc of approximetely 178 fpet on the
south eide of Orange 1-venue, having a meximum clepth of approximately 397 feet
and further described as 172U woverthe~Negdtive(DeclarationCuponlfinding that
yospital)t and does he[eby app
it has con~sidered the Negative Declacetion together with any comments ceceived
during the public review process and furthpr finding on the basis of the
Initial Study and anY commenta receiv~d rhat. there fs no substantial evidence
that the project will have a cignificant eff~ect on the environment.
Commiueioner King offeced Reaolution No. PC83-221 and moved for ita pa4eage
and ad~ption thAt the Anaheim City Planning Commiseion does hereby grant
Conditiona] Use Permit No. 2514 pursuant to Anaheim Municipal Code SectionR
18.03.030•030 through 18.03.030.035 aubjeck to Interdepartmentr.l Committee
recommendationa.
11/14/83
MINUT63. ANAHBIM CITY PLANNING COMMI38ION. NOVEMBBR 1~. 2983 83-'163
On roll call, the ~uzegoing reaolution wes paaa~d by khe tollowing vote:
AY~S: BOUAS~ BUSHORE~ HBRBST~ KING~ MC BURNEX
NOBS: NONE
A~SENT; PRY~ LA CLAIRE
ITEM N0. l:i. EIR ~ATBGORICAL EXEMPTION-CLASS 5 AND VARIANCE NO, 3362
__.._r_._. •
PUBL'[c: k1EARING. OWNER&: SANTIAGO F. R~DRIGUEZ, 286 N. Paseo tledeco, Anah~eim,
CA 92807. ]1GBNT: NOONAN CO:~STRUC'rION, 2915 E. La Jolle Street, 1-neheim, CA
92906, 1~TTBNTION: GENE NOONAN. Pcope[ty deacribed as recLengularly-sheped
peccel of land coneisting of epproximetely 5,000 aquare feet, 286 North Pnaeo
Ma~le[o.
Waiver oF inaximum lot covecaye to conetruct a room additio~.
Tt~ere wea no one indicating their preaence in oppoeition to aubject r.Pqueat
and although the stnff report was not re~d, it is refe~red to and m~de ~, part
of the minutes.
Gene Noonan, agent, waa pceaent to answer any questiuns.
'PHE PUBLIC HEl-RING WJ~S CLOSED.
CommieRioner Herbst aeked if the n~.~hbors we~e informed of this request and
Flr. Noonan reaponded he thought the City ha~ notified them. Ha explai.ned he
knew the plnns had been diecuased with the neig:~bora on pach side, but did not
know about t.he oneK to the cear, but that he thought they had been notified.
The Planning Director or his auCnorized repreaentative has detecmined thet the
propoaed pruject falls within the definition of Cateqorical Examptiana, Class
5, a~ defined in thp State Eltt Guidelines and is, therefore, categoricaily
exempt from the requirement to pcepace an Elet.
ACTION: Cammiasionec Kin~ offer.ed Resolution No. PC83-222 and moved for ita
passage and adoption that the Anaheim City Planning Commission doea hereby
grant Variance No. 336'l on the basie thet there are special ciccuniatances
applicable to the pcoperty auch As sizr, ehepe, topography, location and
surcoundings which d~ not apply to otlier identically zor.ed pcoperty in the
aame vicinityt and that etrict application of the Zoning Code depr.ives the
prope~ty of privilegea enjoyed by other pcoperties in the identic~~l zone and
claesification in the vicinity and subject to Interdepartmental C~smmittee
cecommendations.
On roll call, the foregoing reaolation was passed by the fol.lowing vote:
1-YES: BOUJ~5, BUSHORE, HERBST, KING, MC BURNEY
NOCS: NONE
1-BSENT: FRY~ LA CLAIRE
11/14/83
MIN_ UT~S~,~NAHBIM CITY PLANNING_COMMISSION, NOVEMBER 11, 1983 83-764
ITBM N0. 16. BIR NEGATIVB DECWIRATIGN AND RBCLASSIPICATION N0. 83-84-12
PUBLIC HB~RIN~. OWNERS: COLLINS POODS INTERNATIQNAL, INC., 5400 ~lle Roed,
Los ~ngelea, CA 90066. AGE:iT: BDWiN MBSBRVE, 400U NacArthur Bouleverd, Suite
1500, Newport eeaah, CA 92660. Property described Aa a rectangul~rly-p~~ped
percel oE ldnd coneLQting of eppcoximately .22 acre located er. the southeaet
cocner of Sycemore &tceet and Stete Coll~ge Boulevard, 438 north State Coliege
eoulevard.
RS-720U (Residentiel, Single-Fem:ly) 2one tc~ tha CL (Commercial, t.imited) ~one
to conatruct a commercial building.
There was no one indicating their presence in oppoattion to subjert requeat
and although the ataff report was not read, it is referred t~ and made a part
ot the min~ites.
Cody Small, agent was preaent to anawer any queationa.
THE I~UBLIC HEARING WAS CLOSED.
ACTION; Commissioner King oEfered a mACior~, seconded by Commiaeioner McBucney
and MUTION C1-RRIED (Commiaeionera Fry and La Claic+~ abeent)~ thet the Anaheim
City Planni:,y Commi.esion hAS reviewed the prapoeal ~o reclassify subject
prope:tf t.rom th~ RS-7200 (Residential, Single-Pamily) Zone to the CG
lCommercial, Limited) Zone to construct e commercial building on a
cectangula~ly-shaped percel of land co~~sisting of approximately 2.22 acce,
located at the southeaet cornec of Syaemore St~eet end State College Boulevard
and fucther described as 438 North Stete College Boulevardf +~nd doee hereby
approve the Negative Declecetion upon finding that it I~as considered the
Negative Declaration together w:th any commenta received during the public
review proceas And further finding on th~ basis of the Initial Study and any
comments received that thece ia no subetantial evidence that the project aill
have a siynificant eEfect on thP environmpnt.
Commisaioner King offe~ed Resolution No. P~83-223 end moved for its pa~sage
and adoption that the 1-naheim City Planniny Commiasion does hereby grant
Reclasaification No. 83-84-12 aubject to Interdepertmental Commi~tec~
recommendetions.
0~ roll call, the foregoing resolution wds pasaed by the following vote:
AYES: BOU~-S~ BUSHORE, H~RBST, KING, MC BURNEY
NOES: NONE
ABSENT: PRY~ LA CLAIRE
ITEF! N0. 17. EIR N0. 254 (PREVIOUSLY CERTIPIBD), WAIVER OF CODE REQUIREMENT
AND CONAITTON7~L USE PEs't'n:T N0. 2322 (READVERTISED).
PUBLIC HEARING. OWNERS: WILLIJ~M P. DRIIGANZII, ET AL, 2045 S. Harbor Boulevard,
1lnaheim, CJ- 92802. 1-CBNT: WAL"'CR C. HONG, 2045 S. Harbor Boulevar~, Anaheim,
CA 92802. Propecty deacribed ae an irregulArly-shaped oarcel of land
conaisting of approximetely 3.3 acres, 2045 South Harbor Boulevard (Regency
Hotel).
11/14/83
MINUTBS. ANAH62M CITY PWINNING COMMIgBIQ~. NOVBMBB~ 14. 1983 83-765
To con~id~r revised plAn• (R~vi~ion No. 3) proposiny to ~onotruct a 1-stocy,
42-foot hiqh, 332-room hotal with acc~a~ory u~es an4 on-~al~ elcoholic
b~voceqsa wlth waivec oE ths minimu~ numb~r of psrking epace~.
It waa not~d the petition~c requ~sted a continue~ce.
~CTION: Commiasion~r Kiny affered e motion, aecorded by Commi.eionor Nerbet
and MOTION C1-R1tiBD (Commioaioneca Pcy and La ClaiX• abaent), that
conaid~retion of the afocementioned mat~er be conti~ued to the
regulacly-pcheduled mesting of Nuvembec 28, 19R3, et the caqueat ot Che
pet~tionec.
ITEM N0~ 18
A.EPORTS AND R~COMMBNDATIONS
~. CONpITIONAL USE PERMIT NO. 2139 - Request Erom Eric W. Merten Eor e
3-year exteneion oE time Eor Conditional Uae Pormit No. 2139 fot property
lor.ated at 1340 N. Blue Gam ~treet.
ACTION: Commiseioner Kin~ offeced e motian, e~conded by Commiesioner
Nerbet end MOTION CARRIED lCommisaionere Pry and La Claire abeent), that
the Anaheim City Planning Commisaion does hcreby grant a three year
extension of tlme for Conditional Uee Permit No. 2139 to expire on
November 17, 1986.
A~JOURNMENT: There being no fucther bus~nena, Commiesioner King offered a
motion, aeconded 5y Comtriasioner Herbat and MOTION CARRIED
(Coiamiaeioncrs Pcy and Le Claire absent), that the meeting be
adjourned.
The meeting was adjourned at 7:15 p.m.
Respectfully submitted,
~~_ ~ ~~~t.~-~v
Bdith L. Hacris, Secretecy
Anaheim Gity Planning Comr~ission
ELH : ltn
O~D14o.
11/14/83