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PC 1984/01/09REGULAR MEF.TING OP THE ANANEIM CITY PLANNING COMMISSTGN REGULAR MEETING iNe ~egulac meeting of lhe Anaheim City Planning Commiesion was call~d to ardec b~ Chairwoman eouae at 10:00 a.m., Janunry 9, 198~4, in the Council Ch~,mber, a quuKUm b~ing preaent an~ the Commisaion ceviewed p).ans of the items on Coday'a ay~nda. RF.CESS: 11:00 a.m. RECONVENE: 1:30 p.m. PFtESENT Chn i rwomAn : F3oua s Commiseioners: Buehure, McBur.ney ABSEhT Commiaaionprs; Nune Fry, Hecbtst, K.ng, Ga Claire, ALSO PRESENT Jack White Jay Titus Paul Sinyer. Kendra Morcies Edith Har.r.i,s Assist9nt City Attorney OEf.ice Engineer. Traff ic Engi.neer Assistant Planner ~lannfng Commission Seccetar.y APPRUVAL OF MINUTES; Commissionec King ofEered a motion, aeconded by Commissioner Fr.y and MOTIUN CARRIED lCommissioners Her.bst and Mca~icney abskaining) th~at the minutea of the meetinq of Decembe: 28, 1983, be approved as submitted. ITEM NQ. 1. EIN NEGATIVE DECLARATIO~! AND VARIANCE N0. 3361 PUBLIC HEARING. OWNEl2: DAVID C. BOOMS, 229 S. Laar.a Stceet, Anahefm, CA 928U2. AGENT: 0^CRR E. WHITF.BOOK, P.O. BOX 314, Yocba Ginda, CA 92686. Property described as a r.ectangulacly-ahaped paccel af land consisting oE appcoximately 0.53 acce located at 219 South Loara Str.c~et. Waivecs af minimum lot acea a~~d minimum lot width to e~t~ablish a 2-lot subdivision. Continued from the meeting of Octabez 31, 19b3. ACTION: CommissionP~ King offered a motion, seconded by Commissioner Pry and MCTION CARFtIED, that consideration of the at;ove-mentioned matter be continued to the meeting of January 23, ~984, at the request oP the ~etitioner. ITEM N0. 2. EIR NEGATiVB QECLARATION AND CONDTTIONAI, USB PERMI`P N0. 2523 PUBLIC HEARING. OWNERS: ATLANTIC RICHFIt.~U COMPANY, 300 W. ~l~noaks Buulevarci, Glendale, CA 91202, ATTN: E. L. Keil. P~~•~per.ty aescribed as a rectangulacly-shaped parcel of land consisting af aQpcoximately 0.51 acce located at 1801 South State College Boulevard (Ar.co Service Station). To permit a convenience mar.kpt with gasoline sales. ACTION; Commiasionec Kfng offered a motion, seconded by Commissioner Fry and MOTION CARRIED, that consideration of the above-mentioned matter. be continued to the meeting oE January 23, 1984, at the cequest of the petitioner. 84-1 1/9/84 MINUTES,_ ANAHGiM CI'1'Y PLANNING COMMISSiON. JANUARX 9~_ 1984 ______d4~,2 ITEM N0. 3. ~Ik NEGATZ`'E DECGARATION~ WAIV~R OF CODF. RF. UQ IREMENT AND CO-NUITIONAL USF. PEkMIT ~0„w, .?524 PUBLIC HEAR:NG. OWNERS: SAN'i'A ANImA RBALTY ENTERPRISES~ INC.~ P.O. BOX 60H, BKea, CA 92627. AGENT: ~'iF'PH~N STIEFEL, F. <), Box 8~ 0, Lnkewood, CA 92714. Pcoper.ty deocr.ibed as a r.ectangular.ly-ahaped p~rcel af lana conci.stin~ of appcox~mately U.9 acr.e locaked at the e~uthwvst cor.ner of Romr~eyn Drive and Euclid Street, 11~9 North Euclid StrPet (Seafaod F3coiler), To per.niit on-~a1e alcoholic ~P.VPCB~CS in the CL Zone witli waiver. oE minimum number of pa~king S~ACl'8. There was no ~ne indicAting their. pcesence in oppnsition tn aub~ect requeat and altt~ough tt~e staEf report wa~ n~l• cedd, it is ref~r.r.ed to anc3 made A pArt of th~± minukes. StePhen Stiefel, agent, was pr.erenc to answer anY q~~~$tion3. TNE PUBLIC HEARING WA5 CLOSEU. ACTION: Commi~sioner King ~ffer.ed a motio n, seconded by C~mmiesioner. M cBurney and MOTIUN CARRIED, th~st the Anahei.m City P lanning Commireion has r.eviewed the propos~l to peKmit on-aale alcoholic bevera ges in the CI, (Commc~r.cial, Limited) Zone with w~.iver of minimum number. oi par.king ap~ces on A rectangularly -shaped pazcel oC land c~nsisting of approximately q.9 acce located at the sout hwest cor.ner oP Romr~eya Dr.ive and F.uclid Str.ePt, and further desccibed as 119 9 Ncrth ~uclid Stceek (Seaf.r,od Hroiler); and does her.~by approve the Negative Ueclar.ation upon finding that it has consider.ed the I~egative Dec:.laration togetheX with any comments received c3ucing the public r~view proceaa and turther finding ~n Che basi~ af the Ini.kia l Study and ~ny comments re~eived t.iat there is no substantial ~vidence that tt~e pro ject will have a signif icant e~fect on the enviranment. Commisaioner. King offered a raotion, second ~d by Commisaioner Pr.y and MOTION CARRIED, tnat the Anaheim CiGy Planning Co rnmission does her.eby grant w aiver. of tninimum number c~f parkl.ng spaces on the basis that th~r.e are speci~l circumetances applicable to the property s uch as aize, shape, topugr.aphy, lacation a:-d sur.roundings which do not app ly to other identically zone d property in the sai,.e vicinity; and that s t rict application of the Zoning Code deprives the proper.ty of privileges enjoye d by other properties in tf~e identfcal zone and claasification in the vicinity and s~~bject Co Interdepartmental Commi.ttee Kecommendatio na. Commissioner Eiing offeced Resolution No. PC84-1 ~rid moved for it~ pas~ age and adoption that the Anaheim City Planning Commission does heceby grant Conditional Use Permit No. 2514, pu~suant to Anaheim Municipal Cade Sectian 18.03.03U.030 throuyh 18.03.030.035 znd s ubject to Interdepactmental Committee recommendaL-ions. On roll call, the focegoing cesolution wa s passed by the following vote: AYES: BOUAS, BUSHORE, FRY, HERBST, KIKG~ LA CLAIR~, MC BURNEY NOES: NONE ABSENT: NONE 1/9/64 MINUTES ANANEIM ~ITY PGANNING COMMISSION JANUARY 9 1904 84-3 ITh'M NU. 4. EIK N~GATIV~ UECLARATION ANQ RECLASSSFICATION N0. 83-84-15 PUpLIC HEARING. OWNERS: WC~l INTBRNATIONAL, ATTN: GEORGE ADAM~~ 32Q0 ~. Ftonteca Str.Qet, Anaheim, CA 92806~ ~ropecty described ne a rertanguaarly-ahaped par.ce2 oE land consisting of approximately 1.4 acr.es, having a fr.onka~e oF a~pc~xiinately 476 Eeet on the south side oE Pr.onteca 8tr.eet, ap~roximately ~000 feet east of the centerline of Glassell Street. RS-A-43,OU0 to ML to eRpand a r.•eaource recovery and r.ecycling operation including an automobile diemuntliny bueineso with wholesale and retail eales oE ~utamobilr_ parta. This item is in conjunction with Item No. 5(Conditional ise Per.mi.t No. 2525). I'i'~M Nn. 5. EIR NEGATIVE UECLARATION AND CONUITIONAI~ USE ?ERMIT N0. 2525, PUBLIC HEARING. OWNE~S: HULLY W. AAVIDSON, P.O. Qox 325, Holualoa, F~I, 96725 and WCS INT~F.i:ATIONAL, 3200 Frontera Street, Anaheim, CA 92806. AGENTS: ORANGE COUNTY STEEL SALVAGE, INC., 3200 F.. Fcontera Stceet, Anaheim, CA 92806 and GEORG~ hDAMS, 32UU E. Fror~tera Street, Araheim, CA 92806. Pr.~per.ty described As an icr.egulbrly-shaped parcel of land consisting of appr.o~imately 8.2 acres, 3200 East Eront~ra Str.ett (Orange County Steel Salvage). To expand a r.esource r.ecover.y and cecycling oprration including an automobil.e dismantling bu~iness with wtialesale und retail sa.les of automobil~_ par.ts. AGTION: Commissioner. King offered a m~tion, seconded by Commissioner McBurney and MOTION CARR:E~, that subject petition~ lReclaasification No. 83-84-15 and Conditional Use Per.miL No. 2525) be withdr.awn and r.sadvertised at a later date to include a Gener.~11 Plan A.mendment and env~ronmental r.eview to evaluate eny potential impact r.elati.ng to the County landfill operation. ITEM NO~ 6. EIR NEGA7'IVE DECLARATION AND CQNDITIONAI. USE PERMIT N0. 2526 PUBLI(: HEARING. OWNERS: ROBEKT M. AND MARILXN L. SHEPHARD, Jr.., 4113 Mapletree Drive, An~heim, CA 92807. AGENT: BASIC SNELTER INC., JAMES NEEDHAM, 9492 Sandr.A CiKCle, Villa Par.k, CA 92667. Pr.ope~ty described as a cectang~lacly-shaped aarcel of land consisting af appc~ximately 0.20 acre, 615 West 6roadway. To pecmit an 8-unit senioc citizen apactment complex. There was no one indicat~ng their preaence in opposition to subject cequest and although the staf.t r.eport was not r.ead, it is r.efecred to and made a par.t of the minutes. James Needham, agent, was present to answer any question~. THE PUBLIC HEARING WAS CLOSED. Jack White, Assistant City Attocney, suggested the following revision to Condition No. 4 to read as follows: "That the owner of subject property aha11 r.estrict occupancy of the units and shall execute and recocd a cavenant 1/9/84 84- 4 MINUTES, ANANEIM CITY PL1-NNING COMMISSION~ JANUARY 9j, 190_~, 4 _ againat thQ pcoper.ty ln a for.m as appr.oved by the City Attc~r.ney's Gffice, cestricting occupuncy ot the unita, to a maximum of two occuE~Anta per unit, ek leaet c,ne of which muat b~ At least 55 year.e o~ ay~ or older., Jaak White auggested a~evision of the additional conditio~ as pr.oposed by the Wdter F;ngineeciny Diviaion to r.•eAd aa Eollowr~: Na• 9• "That the owner of subject pr.opecty 3ha11 deposit with~tt~e~City oE AnAheim r.he W~ter~Enyinee~rin~arDivision and ceimburaement Acea watec fecs a~ estat~liahed by roved by the r~hall execute and r.ecocd a covenant againAt the propert,y in a form AFp- City Attorney'R Ofiice ayreeing to pay the act.ual costa of such feea as hereinaaEker establiahed by the City prioc to final building and ;,oning in~pectiun~g. Said covenant shall be r.E~cor.d~d and said estimated fees ~iepoaited with the CiCy prior. to th~ issuance ot a buil.ding ~+ermit.' NSr. White explained the r.evisian to Conditian No. 4 is to r.equir.e that the owner. shall restrict Ct~e occupancy and shull execute a covenent ko do so bec~~use in the futur.e Lf ther.e is a violation of the covenant, ther.e nPeds to he language in the condition r•u ther.e would be a violAtinn of the conditlon and the way it. is worded nowr executing the covenant would sati~fy the condition and the City wauld not be in a position tu r.evoke the condlClonal uEe permit if there is a violaltan. Mr. Needham agreed with the revi~ed condition and asked what dol.lar. amo_~nt would h~e involved •~~ith Condition No. 9. Kendra Mocries stated the Water. Engine~i:iny Division indicatet~ at thia time, they do nat have the fee str,ucCuce and thar one of the condi.tiona of a~pccval of the condomini~um project:: ACCOt33 the stceet wa3 a substantial impr.ovement in the water main syatem in Bruadway and the agceement was that Eutur.e deve.lop~rs of pr.ojcctn which benefited from that tm~rovement would be cequired t~ parlicipate in tt~e reimbursement agreetnenk. Jack Whi~e explained he had discussed this witt~ the Water Engineer.ing Division and ti~~y would be able to give the petitioner a yood estimate of the amount and would wock with him on going thr.ough that pr.ocec]ur.e. Chairwoman eoua3 stated ~he thought thece would be a parking problem i£ t:his is approved for per.sons 55 year~ of aye because a 1ot af those people stil.l would be dciving vehiclea and ther.e could be two peop:e in the unit with a vehicle+. Mr. Needham stated the City of Anaheim does not have a definition of a se~nioc citizen; however., he would prefer not to restcict the mar.ket, but would t~e willing to go along with the cestrictian ko persons 60 years of age or. ~ldeX. Commistzione~ La Claire a~ked the diEf.rence in the parking r.e~uirement fcc senior. citi2en prajects. Ken~~a Moccies explained normal parking requicements for an apartment would ~e 2.5 spaces per unit and senior citizen projects require .8 spaces per unit or. 7 spaces in thi3 praject and this packing does comply with parking code cequicements. Gommissioner Mc Burney stated he thought raising the age restKiction to 60 years of age wo~l~ reduce tiir. packing needs and that this would be acceptable. Cammissianer. Ki.ig p~fnted out the applicant has agreed to restcict the age to 60. 1/9/84 MINUTES_.__ANAHEIM CITY PLANNING COMMISSION, JANUARY 9. 1964 _ 8~-5 Commiesioner ~a Clai~e stated ther.e io not a definition for sonior citixen in this City and uaked if staff io looking into establishing the cr.iter.ia as suggestcd by the Planning Commission r.ecently. Kendra Morries r.~aponded thak staff haa begun contactiny okher citiea ~nd it will he About two months befoze a draft ordinance i~ reviewed. She stated the clo~e~t compsrison is the "granny ~nit" cr.iteria which defi~ies aenior. ciCizens aA being 62 year.o of: age. ACTION: Commiasioner. King offeced A motion, Aeconded by Commisaioner Mc Bur.ney and MOTION C:ARRIED, that thF Anat-eim City Planni.ng Commiasion hea ceviewed the ~[OpORA1 to constcuct An 8-unit senior citizena aparttnent complex on a rectangular.ly-shaped parcel ~E land consiRting of appr.oximately 0.20 aGre, having a frontage uf approximatelX 54 feet on the north side of Broadwuy and fuctt~ec described As 615 W. Br.oadway; and doe3 hereby appr.ove the Neqat•ive Declaration upr~n finding that it has consideced the Negative Declaration together with any commenl:s Leceived dur.ing the public r.eview procesA and Eurther findiny on the btisis of the Initial Study and any comments r.eceived that ther.e is na substantial e~'idencc tl~at the pr.ojec~ will havP a significant effect on the envir.onment. Commisaioner King offeced Res~lution Na. PC84-2 and moved foc ~t.s passage and adoption that the Anaheim City Planning Commisaion does her.eby grant Conditional Use Permit No. 2526 ~urauant to Anaheim Municipa] Code Sections 18,Q3.U3.030 through 18.03.03.035 ar~d subjecl• to InCer.depactmental Comm!ttee r~commendations including r.evision to Condition P~~s. 4 and 9 aa suggested by the City Attorney and also subject ta the petitioner.'s sf.ipulation that the age cestr.iction shall be 60 rather than 55 as proposed. On ro11 call, the foregoinq reaolution was passed by the following vote; AYES: DUUAS, BUSHURF., FRY, HERBST, KING, LA CLAIRE, MC BURNEY NUES: NUNE ABSENT: NONE ITEIiI NO. 7. EIR NEGATIVE nECLARA'PION AND CONDITIONI+L USE 4~ERMIT NU. 25i7 PUBLIC HEARING. OWNERS: FRANK H. CREINKE ANU D. ROBERT KENNEDY, P.O. Box 1088, Tustin, CA 92681. AGENT: R. KF.NNETH FLF.AGLE, 13691 Falmouth Drive, Tustin, CA 92680. Pxoper.ty desccibed as a rectangularly-shaped par.cel of land consisting of appr.oximately 0.6 acr.e located at the southwest cornec of Orangefaic Lane and Raymond Avenuc, 1431 North Raymond AvenuP. To pecmit convpnience ret~il sales and off-sale beer. in an existing service station. There wece two persons indicating their presence in opposition to su~ject r.eyuest and although the staff cepor~ was not read, it is r.eferr.ed to and made a part of t.he minutes. Ken Fleagle, agent, stated this pcoject will not increase the tcaffic in the area, but will resu?t in a~eductfon in the total number of vehicle tripR and will have no adverse eff pct on the surr~~!nding area. He stated the~e is a limited sales acea and ;t is located far enough away from the residential area that it would not set a precedent. Concer.ning cond.itions pertaining to street 1/9/84 MINC~TFS. ANAH£IM CITY_P1,ANNING COMMISSION, JANUARY 9~ 198< 84-6 lights and tcaffic aignals, etc. and to modify older developme~te to m~et cur.cent City Code, ho stated there must be a ceaaonable celationship between the cost o~ the impcovementn a~d the s~les r.eturn to thP pr.nperty owner and tht~t they are willing to comply wit~ the conditiona pr.aposed. David Rudat, 218 Uld Bcidqe Road, Anaheim, stated he owna tf~e propar.~ty at lalU and 1100 Ur.angefaic Lnne which consists of two induetcial buildinyr. j~st ad~acent t.~ this praperty at Raymond and Orangefa!r Lane. Eie stated gr.onCing a per.mit for thA sAle of beer and wine aASUmes a gr.eat deal af. respansil~ility and t.here should be adequate packing and tr.affic cc~ntrol and khi~ pcemi~es doea not have that contcol; thal the traffic pr.oblem t~se t~econ~e wor.se sincp this pcoperty has been allowed to atore and ~ell dieJel fuels, and the property owner han not shown the cace to the communit,y ber.BUII(? there have been a number of dieael epi].ls anc3 they have failed to i~ke auch ~Gtions which ar.e neces~ary to mitigate hazardouE spills. He rtated t:hey ~3o not f.eel. the owner would take care of the litter., traf.fic, pa~kxr~y ans~ or,h.r.r problems that wauld ar.ise if thia is approved. He statt:d the cammer.ciul vehiclESe coming into the pcoperty block tctlEfic on Raymon~9 Aven~ie and on Ornngefair ancl r.he le£t-hand tucn lane going north on Raymond is often alo~ked whic.h }~ampers the businessea of kheir tenan~s. He sk~ted truckc parkcd an the red zones block traffic and it is difficult for the Police De~~rtmenr. to enfocce r.he traffic situation since this pcoper.ty is located on tr,~ :>ounclar.y Eor. the two citie3. He p~esenked a letter and cit~tion c?ated SentemliEr 1:l, 1983, requestiny compliance in the establishn~enL• ,~f s~dfeguacds for the cliesel sp'~13 within 90 days and on Januar.y 4, 1.9~~, l15 days a~t.er that lekter, ther.e was another diesel spill a~d n~ safegu•~rds -;ad been initiated. He stated they feel if this lack of reaponsib;lit.y ~ann~t :~e handled, this zequest ~hould not be appr.oved. He staked ;L any .li~en:~es are gcanted, ther.e sh~uld be a condition that if ther.e ar.e any oeher. violu:ians oc citations issued by the Nire or Police DepMr.tmerzts, etc., the ~er.tniks would be revoked. He stated the license Co dispense c3ie:~el fuels has created additionAl par.king pcoblems and that large vehirle~ t~~~ve cceated meases in the ~treets end blocked the streets. Mc. Ru:~at :'.,t:errpd ta other place~ near.by wher.e beer and wine can be purchased and Cazr,I t;udat, co-ownec of tne property, stated those other l~cations do sell :.andwiches, in addition to the beer and wine, and because this is not l~cuteti in a residential ar.ea, it will attract people passing through which wou.ld r.esult in additional vandalism. She stated they have alr.eady had a few ptablems wikh vandalism and they do not want people just sittiny ar.ound, e~~ecially on week ends when their tenant~ are not in production. She added khey cannot fence their, property because of access easemenk~ to the ol•her properties. She stated some of their tenanta have security systems, but not all of them can afford it. She stated this cucrent lessee has created moxe problems than any other lessee because of his lack of consider.ation foc the rules and cegulations and they do not want him to be qiven any additional permits. Mr. Fleagle ~tated some of theic concecns are not r.elevant and that substantial efforts have been made to improve the propecty; that the owner. is a responsible individual and does hav~ the respect of the community. He stated the tcaffic will be reduced and explained there are attempta undecway to impzove the property further. 1/9/89 MINUTES, ANAHF'.IM CI~Y PLANNING.COMM~ISSIpN, J~NUARY 9~ 1984 ~q-i Frenk Gr.einke, owner., 2305 5outh A Str.eet, Tustin, stat~d when he first pur.chasad khe propor.ty, it was abandaned and khe vandaliem was aigni[icant= that they ar.e aelling in excesa of 2 millian doller.n a year which bringc additional revenuea into the ~ity and indicated he tiad never. r.eceived thA lettor refer~ed to from the Pice Department and was not E~miliar with -:hat ~coblem. He otated die~cal fue.l cr.entea an inher.ent fi.lm on the nozzlas, etc. and when it is hoRed down, it does go into the stcent, but ~ney have atarted moppiny the dr.ea and contcolling it internally and Ch~t should solve any of the diesel pr.oblem~. THE PU$LIC HEARING WAS CLO5EU. Commissionec Bushoce r.eterred to Par.agraph ~4 of Che staff repor.t r.elating to the faet that th~ Planning Commi~sicn hA~ not appr.oved an,y cequeats for convenience cetail salea whicl~ inclu~9ed the sale oE beer and wine or. alcoholic bevecages in a ae~:vice station. Mr. Fleagle ces~~onded he did not think thiR would creahe a~~recedent eince it is in an industr.ial ar.ea removed fr.om reaidential pru,ger.ties. Commissioner Bushore ~tated in the paKt the Commission has looked very carefully at approving beer and wine ~ales in the industrial ar.ea b~cause it could be dangeXOUS Eor ~eople k.o gq b~~ck to wnr.k after having a beer or. wire for. lunch and they cou.ld have an industri~il accident. Mr. Eleogle stated he is aw~re of that problem, nok only in the ~ndustcial acea, but in the commercial ar.ea, but that has no be~cing on thic cequest and there is less ~pportunity in this type facility for sameone to become intoxicate~. CommissioneC Bushore atated having a drink reduces a person's ~~nsitivity and the Commi~sion ha~ nnt wantPd to contcibute to that problem. Mr.. Fleagle stated rhe Alcoholic 8ever.age Control ie responsible £or the license to sell alcoholic beveraqea. Commissioner Bushore stated without tfiis permit, the beer and wine license would not be issued. Commissioner La Claice stated everything is being done Co disassociate drinking and driving and accordinq to recent statistics, some of thace ~f,for.ts are wor,king and for thac reason it would behoove the City to deny ktiis type request. She added it has been a Planning Commission policy to be very strict and not grant a pecmit to sell beec and wine or any ~lcoholic beverages ir conjunction with a se~vice station. She noted there are some approved in Anaheim by the City Council, but rhi~ Commission has riot granted one. Mc. Fleagle stAted there is no r~tionale or. logic in saying a per.son csnnat. dcive to this piace to purchase beer and wine, k,ut he can drive to another location. ACTION; Commissioner Bushor.e offeced a motiun, seconded by Commissioner Fr.y and MOTION CARRIED, that the Anaheim City Planning Cammission has ceviewed L•he proposal to pexmit convenience retail sal.es and off-sale beer in a.- existing se~vice station on a cectangulacly-shaped pacce~ of land consisting of approximately 0.6 acre lucated at the southwest corner of Orangefair Lane and Raymond Avenue and further desczibed as 1431 Nocth Raymond Avenue; and does 1/9/84 M~NUmES. AFAHEIM CITY_PLANNING COMMISSION JANUARY 9 1964 ~4" ~ herQLiy app~ove ttie Negativa a~claration upon findiny that it han conAideced tha Negative Decl,sration together. with any c:ommenta r.eceived duri.ng the public zevi.ew procesR and fur.ther finding on the basis af the Tnitiel study and any commento ~ecoiv~d that thece i~ no subekanti~l e~vidonce that th~ project will have a signiticant effect on Che environment. Commissioner. 6ubhoce rominded ~he Comrnfssion that this is a aituation where they have a say ~o in ::hether oX not li.quor and beer and win~> will or wil~ not b~ aold at thia location And ttie fact the c~nd~tional uae permit is r.equiced indic~tes ther.e are concerns with the accesaibiliky of buy~ng beer or wine and then driving dway and foc ~hnt reason he would ~f.ter. a r.eso.lutian to deny the reque~t. Commiseioner Rushor.e oft~red Resol.ut~on No. PC84-3 and moved foc its pasrsage and adoption thak the Anahefm CEty Pl.IInning Commission does her.eby deny C~ndi.tional Use Perm:t No. 2527 on th~ bari~ tl~at the sale of beer. ~nd wine in conj~~nction with tt~e sale of g~tisoline could huve a dangQCOUS nnd detrimental effect. on the peace, health, safety and welEar.~ of the citizene of the City of Anaheim. On toll ca.ll, the turegofng cesalution was passed by the to~luwing vote: AYGS: BOUAS, BUSHORE, FRY, FiF.RBS'I', Y,ING, LA CLAIRE~ MC BURNE:Y NOES: NQNE Af3SENT: NGNE Commisaioner. Herbst skated he ha~ never. agr.eed witt~ the dual uge uf b~~er. and wine ~alec~ with gasoline sales. Jack White, Aas.istant City Attorney, presented khe wr.itten r.igh'• to appeal the Planning Commission's decision within 22 dayF to the City Counc:il. ITEM NU 8 EIR NE~ATIVE GECL_ARATIUN, WAIVBR OF CODE REQUIREIt3NT AND CONDIT'IONAL U.~iE PERMIT N0. 2528 F~UElLIC tiEARING. AWt~ERS: KENNETH DALE AND GOUIE B. CLAUSEIv, 2795 W. Lincoln Avenu~:, Anaheim, CA 9280].. AGENT: AGEHCY RENT-A-CAR; DAV1;? J. LOVF.LL, 6660 Reseda Fioulevar.d, ~102-A, Reseda, CA 91335. Propecty described as a reckangularly-shape~ pa~cel of land consisting of appr.oxim~~tely 2.29 acre, 2827 West Lincoln A~enue (Agency Rent-A-Carl. To retain an autnmobile centaZ agency in the CL Zone wi~h. waiver of minimum number. of parking sp3ces• Thece wa~ no one indicati~g ~heir presence in opposition to subject r.equest and although the sLaff repoct was not Gead, it is r.eferr.ed to and made a par.t of the minutes. Robecta Deeenon, 6G60 Reseda Boulevarc3, Reseda, California, skated this agency did operate from anotheL locati.on and it is diffecent than mo~;t cental agencies in Lhat they do ~leliver vehicles aff-site and this oL=ice has 71 cars in their fleet and for the last 6 months, the utilization cate has been 958 so thece are very few cars on the p~emises. She explained there could be 10 vehicles thece on the weekends. I/9/84 MINUTE5 ANANEIM CITY PLANNING CUMMISSION JANUARY 9 1984 Sq-~ TNE PU9LIC HEARING WAS CLGSEQ. Commissioner Buahor.e asked where Che c~c~ would be utored 1E ther.e were to be ~nor~ than lU vet~iclce• Ms. pe~enon ce$Pandpd ther.e is Farking in the front oE the shoppinq center ~nd they alwnya par.k in the reac and r.eEer,r.~!d to E~hotographa ~r~oented which show the l~t is almoFt alwaYa empty. Commissioner Qushor.e atated there ar.e 69 spaces uvailable and ~hey have 71 car.s in theic fleet. Ms. DeRenon stated the aize of the fleet. d~e~ E]uctuAte and atated she would be willing to acipulate there will be no mar.e than 10 cers parked on Lhe pr.emises ~C one kime an~ they would all be Rtore~l in tF r.ear And also therc w~uld be no vet~iclec. pACked out Lront for. adver.ti.sing purposes. Commissioner. Buahore stAted he wuuld t?e concern~d about 3ec~~~rity with the caca parked in the r.ear and M~. AeBanon reaponded they have not hTd a problem. ACTION: Commissioner King oEfNre~ a motion, ~econdtid by Commiesioner. Fry and MO IT ON CARRIEO, that the Anaheir ~U'ity Pl~nniny Commission has r,eviewed t~he propo~al to retain An automobil rental agency in th~ CL Zan~ with waiver. of minimum number of par.king sF'~~°"~` on a rectangu~ar.ly-shaped p~-'cel of land con~isl.ing of appraximately -~`~ ~crur, haviny a fcontage of appr.oximately 470 feet on th~ nor.kh side of , F,ve!nue, 1~.vt!l.y a maximum depth ~f appr.oximately l13 feet an~ 7~- '~~~'r~t~d ~pPr.aximntely 195 fent west oE the center.line of Dale AvPnue ~ ~-•"ir~~ de~ccib~d as 2827 Ylest Lincoln Avenue (Agency Rent-A-Car.); and - ~--'h~t;,: approve the Ne~ative peclaration upon ~inciing that it has coi~>~ ~-~~ '!F~ ~vpgative Declaration together with any comments r.eceived dur~. ~.~ ~~~: lic review pror.eos and further. fi.nding on the basis of the Initial :- ~r~~:~any comments r.ecaived that there is no substantial evidence rr. ,~ ;;r~ject will have a significant effect on the enviconment. Commissioner. Kiny ~.'~fE ~_•~ ~- n{otion, seconded by Commt~sioner. Fr.} and MOTION CARRIEU that the Anah~~:n ~'.~~:! Planning Commi~sion does hereby qrant waiver of Code requirement ~~n th~ °-a~>i~> that ther.e ar.e special cir.cumstances applicable to tne proper.l-y such a~ :,iz~e. shape, topogr.aphy, location and sucrounding~ which do not appl.y t~~ n.''ry'r i.dentically zoned property in the same vicinity; and that strict aNplirati~c~r~ oE the Zoning Code d~prives the propetty of pcivilege~ enjayed try ur>*er pr.opecties in the id~nlical zone and classification in 2ne v,_~inity~ Commis~ioner King cfErrrd Re=~lution No. PC83-4 and moved for its passage an~ adoption that the Anaheim City Planning Commission does heceby grant Conditianal Use I'Ermi- No. 2528 subjeck to the petitioner's stipulation :hat thece shall be no more than ten (10) cental vehicles stoced on the pr.opzr.ty at any one time, and that all vehicles shall be stored on the rear parking lot ~nd that no vehicles shall be p~+~ked out fr.ont for advertising purpo3es, and subject *~ InlF~rdepartmental Committee recommendations. On roll call, ti~e focegoing cesolution was passed by the following vott: AYES: BOUA.S, BUSHaRE, FRY, HERBST, KING, LA CL1-IRE, MC fiURNEY NOES: NONE ABSENT: NON~ 1/9/84 MZNUTES,_ANAHEIM CITY PLANNING C~MMISSION,~ JANUARa' 9. 1984 __ g4-10 ITEM N0. 4. ~IR NEGATIVE DECLARATION (FREV. APPROVF.D) AND VARIANCE__N0. 2849 ~ ADVEFTISED) PUBLIC H~ARING. OWNERS: VIC ~~LWUIti, 3A45 E. La Palma Avenue, tC, Anaheim, CA 92806. AGENT: DENTSE NGUYEN, 3445 E. La Palma A~enue, tC, Anaheim, CA 92806. Property desczibed as a cectangular..ly-shaped pAkC@1 of land consiat:ing of ~pproximately 0.4 acrQ located at the northwest cornec of La PAlma Avenue and Fountain Way, 3A45 "C" Ea~st t~a Palma Avenue (The Big San~9wich). Petitioner requeets deletion of Condition Nos. 4, 5 and 6 oC ?lc+nning CommiRSion Resolution No. 76-189 pertaininq to cooking and seating reatc'.^tion~ and hours of operation foc an existing sandwich r~hop• Ther.e was no one indicating thei~ preaence in opposition to subject r.eque9t and although the staff xeport was not read, it is r.eferr.e~j to and made a par.t of the minutes. Commi~ssioner McE3urn~y declared a conflict oE interest as deLined by Anaheim City Planning Commission Resolution No. PC76-157 adopting n Conflict of Tnt:er.eat Code for the pianning CommiESion and Government Code Section 3625, et seq., in that he would have a financial intecest in thc outcome of thia request and pur.suant to the provisions of the above Codes, dEClared to the Chal.r.man that he was withdrawing from the hearing in c~nnection wiL-h Var.iance No. 2849, and would not take part in eitt~er tt~e discussion or the vot.ing thereon and had not di~cusapd this matter with any member, uf thc Planning Commisaion. Thereupon Commfssionec McF3urney left the Council Chamber. Denise NguyPn, ayent, explained ~t~ey would like to be all.owed to c~o some cooking and have seating incide their f:acility bec•~3use ther.e is a new sandwich Rhop open in the ar.ea and they can~ot compete. THE PU9LIC HEARING WAS CLOS~D. Cotr~missioner 8ushore askec~ if this conditional uae petmit was approved with the sale of tt~e beer and wi.ne and K~ndra Mcr.ries, A~sistant Plannez, cesponded it was not. It was noted that an EIR Negative Declarntion was previously approved. ACTION: Commissionec Bu~hoce offered nr-~~'rlution No. PC84-5 and moved for it~ passage and adoption that the Anaheim Cit;; Planning Commission does hereby amend the conditions of approval of Resolution ldo. 76-189 per.taining to cooking and seating restrictions and hours of operati~~~n to change the houcs from 9:00 a.m. to 6;q0 p.m., Monday through Friday and siabject to Interdepar.tmental Committee recommendations. Commissioner Bushoce explained this was or.iginally granted foc a peciod of one year and would have to be revi.ewed every year. ,1ack White, Assistant City Attorney, clarified the zesolution woul~ actually be to delete Conditions 4 and 5 and to amend Condition No. 6 to allow the t~ouzs of operation from 9:00 a.m. Co 6:00 p.m. and the resolution should contain a finding that the amendm@nt is necessary to permit rnasonable operation u~der the conditfonal use permit pursuant to Anaheim Muni~fpal Code Sectione 18.03.092.06U. 1/9/84 MLNUTES,_AN~HEIM rITY PL,ANNING CoMM1SSi0N. ,JANUARY 9, 1984 84~11 Commissioner Yecbst auggeated modifying h,he one-year time limit and it wae clsr.ified lhat cannot be done ~lnce th~t purtion was nal• advertiaed. On roll call, tho Fote9oing cesolution was p$ased by tho followii~g vote: AYES: ~OUAS, BUSHORE~ EkY, NERRST~ KING, LA CLALRF NOBS: NONE ABS~NT; MC BURNEY Commiseioner McDucney returned t~ thc m~eting. ITGM N0. 10. E1R NEGATIVE DECI.ARATIGN AND VARIANCE N0. 3367 PUBLIC HEARING. OWNERS: GENERAL AMF.RICAN LIFE INSURANCE CO., 1630 S. Sunkist Stceet, Suite ~, Anaheim, CA 928U6. Prope~ty descr.ibed as an ir.regularly-shaped parcel of land consiating of approximately 2.1 acr.es~ 1555 South Sinclair. Str.eet. Waivec of minimum numt~er. of parking mpaces to construct a~ditiui~al office space within an exis~ing induetrial building. Theze was no one ind~cating their. pr.es~nce in ~ppuaition to subj~ct reyuest and al~hough ttie 3tafF repor.k was not r.ead, it i~ r.efecr.ed to and made a par.t oE tl~e minu~ti.~. ?~~~ Needham, Gener.al AmezicAn Life Insur.ance Company, 2125 Bickfocd Street, ~~.acentia, explained they propose to constr.uct additional office space in an exi~ting industcial office bui.lding and that a parking waiver. is required. ThE PUBLIC HEARING WAS CLOSED. Mr.. Neeaham clarified Chat they will be bringing a computec company into the facility and they have approximAtely 70 employees and thEy would not havN a need foz all tlie existing parking and ~xplained the parking s:udy fndicated that if thpy gr.ew to their maximum potential, they would never have more than 120 employee3. Commissionec La Claire staLed they will be adding 6,~53 square feet of additional office space and cucrently they have 70 employees and the ~ar.king lot is appc~ximately two thirds full. ACTION: Commissianer King offeced a motion, seconded by Commissioner ~ry and MOTION CARRIED, that the Anaheim City Planning Commissinn has reviewed a pr.oposal to construct additional of.Eice space within an existing industrial building with waivec of minimum numbec of parking spaces on an irregularly-sha~ed parcel of land consisting of approximately 2.1 acres, having a fcontage of approximately 340 feet on the west side of Sinclair Street and fur.ther aescr.ibed as 1555 South Sinclair Skreet; and do~s hereby approve khe Negative Declaration upon finding that it has cunsider.ed the Negativ~ Declatation together with any comments re~pived during the public review proce~s and fucther finding on the basis of the Initial Study and any comments received that thece is no substanti~l evidence thAt the project wiil have a significant effect on the environment. 1/9/8f 84-12 MINUTBS~_AN~HEIM CITY PLANNING COMMIw5I0n J~NUARY 9 1984 Commissioner King oEfered Reso~ution No•Comeissi nddo~s~heceb igrant8Va91ance No. Y adopkion th~t the Anahei~ City Pl~nning 3367 on rhe basis that ~he Parking waiver will nat cause an increase in traffic congestion in the immediAte WaivQZ~under. theecunditionscimp~sedajifnany,lwillunot And granting of the parking be detrimentnl to the peace~ health, ~afety and general welfar.e of the citizenc of the Ciky of Anaheim. Commiesioner He~bst stated h2 has no pcoblem with the r.equest, but pointed out the variance wilusineasWbecause anotheryuse~coulddhAVe.heaviea par.lcing r.equicements. particular. b Jack White Akated the Commisaian can restr.ict the vaHea~tated normAlly afvar.iance buainess~ but cannot tie it to a apecific company. is inv~~lved with the ~equest to constcuct. a bui.lding and once the structure ia in pla.r.e, tihere is always a yuestion about enforcing a permit an a Aubsequent owner. Ne added he would not have a problem with addir-g a condition limiting the variance to the type of busineas that ia invnlved; however., it should be r,ecor.ded ayainst the pcopeeky t~ allow a sub~equent owner of. thP proper.ty to have notice of that limitatian. Commissioner. Bushuce suyyestc,d cecordiny ~ covenent limitinq r.he maximum number. of employees to 120. Mc. Needham stated in order to do any modification to ttie building, they would have to cnmewould be r.eviewed and heiwould pike~to avoidSencumber.in9atiple~tosthe the packi g ~cope~ty. Commissioner Herbst stated parking cequ9rements foc that building a~~~ 147 apaces and the ptoposal is for 130 spaces and he r.ealized 17,000 squace feet of that f~cility is uesignated foc ~ar.ehouse space, whicli could very easily be conve~ted. Mr. NQedhdm stated the~e is street packing in that area. Commissioner Bushoce skated the building cou]d be sold and the new owner could modify the interi~r without coming back for permits. He explained the Stadium Industrial Are~ is becoming a high-technical area and the packin~ Code should be amended to reflect that o~ the City has to take saEeguar.ds to a11ow that to occur naturally ancj the easiest way to pzo~ide for it to occuL naturally ia to provide protection that in the futu~e when this tenant moves out, the next tenant will be awarE of the r.esttictions because another. use coul~ put a lar.gec ~arking demand on the area. Ne added hp thought the way to provide the protection i.s to r.ecord a c4venant. Mr. Needham stated he und~rstands the concern, but t~at they could have a tenant with 125 employees and 25 of those could carpool to wock. Commi~$ioner La Claice stated thi~ request is f.or a variance for 17 spaces and noted thofie 17 people would probably park on Sinclair Street iE the parkinq lot was full and asked if pazkin~ ic p~=mitted on that stceet. 1/9/83 ~ 84-13 MINUTES. ANAHEIM CITY PLA~NING COMMIS&IQN JANUARY y 1984_ ,~ Paul Singer atatPd packing ~e per.mitted et the pr.esen~ time o~ Sin~leir., buk he woul~ not give a guarankee thAt packing would r.emsin on any street £or. Any length ot timE. He rtated l•he parking study ie Eor this businees and sho~s a substankial sur.plus af parking. He added this ia pr.obably one of the smal.lest variances the Commission has seen. it was pointed out Che CommiRaion's concern is if the pcoperty is aold in the future. Commissioner. Bu~hor.e noted the largPr packing vaciances granted in the indu~trial area t,:,:u been f.oc schools and once the va~iance is g~anted, another. owner could add to the inter.ior without pecmits Ear more affice uaes. Commissione~ Hecbst stated if ~ covenant in r.ecocded an~ the uae changea. another study could be submitted and explained his cor~cern is ttiat the 17,OOU squace feet of warehouse space c~~ul~ be converted very ea~ily. Commissioner Buaha~e suqyeated the covenant Ahould limit the number. of employees and Commissionec Her.bst felt it ahould be tied to the use. Jack white, Assistant Cily AttocnFyr explainee Qf~otEicenuaesdnorUCO the breAk itself out specifically to the par.ticular typ number of employe~s and the cequir.ement is based on the oquar.e Ec~otage of the building and t~c was not sur.e how much of a pcoblem this would be. ~ommissioner Fr.y ctated he did not oee any problem granting a var.tance for. 17 spaces foc this ~ar.ticular. use. On roll call, the f.oregoing resoluti~n was p~aaed by the following votp: py~g; 80UAS, DUSHORE, FRY, HERBS'P, KING, LA CLAlR~~ MC BURNEY NOES: NONE ABSENT: NONE ITEM N0. 11. EIR NEGATIVE DECLARATION AND VARIANCE ti0. 3369 PUBLIC HEARING. OWNERS: WENDELL AND MARCIA BRANUT, 6140 E. Santa Ana Canyon Road, Anaheim, CA 92807. Praper.ty descr.ibed as a r.ectangular.ly-shaped par.cel of land con~isting of approximately 0.76 acre, 6140 East Santa Ana Canyon Road. Waivecs of minimum oetback for a corral and maximum number of hor~es to retai.n an existing coccal with two harses. Thece were six persons indicating their presence in apposition to subject cequest and although the staff cepoct was not read, it is referced to and made a pact of t,he minutes. Wendell BKandt, owner, explained he is cequestir~g a variance to k~ep two horses; that hQ has lived thece fuc 3-1/2 yeaca and had ane horse when he moved in and bought another one last summec; that when he bought the prope~ty, he unde~stood from the ~revio~s owner that it was zo~ed for thr.ee lar~e animals; fowever, he did not check that information out because the previous owner had hacses and had lived thece fox 3 years. He stated he was not aware of any pcoblems; that the cnrral could be changed very easily; that he has installed a sprinkler system to keep the dust down when the hor.ses are being exercised; that the prnperty abuta a number of tract homes and toHehstated thE there is a 1-acre paxcel and they do not have any horses there. horses are used for recreatianal puzposec and are not for brEeding oc commeccial purposes. 1/9i84 MINUTES.__ANAHEIM CITX PI~ANNING C~aMMISSION~ JANUARY 9,_19a4 ,___ 84-14 pwen F. McGowan, 6155 E. Baja Drive, Anaheim, etated his proper.ty is located ~icectly ta the sauth of the corral and the past aummer the flies wer.e at leaet thr.e~ or four times worse than they had eve~ been tef~r.e~ And that he has been ther.e foc 7-1/2 years and thece hr~s t~Pen ~k .least one horsP there aince he hes lived ther.e and each yeac the fli~s get worae. He stated th~ smell doesn't bother. him as much as it do~c ~om~ oE kh~ other neighbor.s pcimazily becauaP of ::he wind dicections buk the cur.r.al and bt~ble ar.ea ar.e to the nocth sidP ot subject pr.operty and t-e .~as c~ncerned about th~ health hazacd. He read letter.s Ecom nef~hbors who :~ould not be PXesent. Mr. and Mrs. William Adams, 61bU E. Baja snd Mr.. and Mr.s. Gary Musr~er., who ace his neighbora to the e~~t. Subject letter.a ar.e available in the Planning Depactment files. Barbar~ Polk, 615: E. Baja, staked hec house i~ ditectly west oE Mr., McGowan and that she would agree wir.h evecything he haa said. She stated rhe does a lot of garde~~ing and liken to lay out ~n hec back yard, but this paet summer she could no: do that because of the fltes; and that she can look out her window ju~t about any kime and ~ee clou~]s of f.lies. She stated she has fruit tcees and the excess flies botheK the fr.uit and she has had p terr.ible influx of insects just thls past year. whfch ahe could not identify. She sCated before last summer, there waR only one hor.se on the pr.oper.ty, but now ther.e aXe two and th~e flies and odo~s are wor.se. She atated the hocses ar.e n~~isy at times and do k~cic the stables in the ear.ly morning hours. She stated f+he had statements fr.om some of her. neighbor.s who rould not be present and that Ms. Gina Har.tman who residea on the one-acce pazcel next door to the Br.andts ie opposed to the request although she has no pactieular opposition to hoKSes, but she is annoyed by the £lies and the odor bother.s her. Ms. Polk explained she has lived there for 3-1/2 ye~rs. M::r~~ Organ, 6120 San Loren2o, stated she is totally against having horses in a residential area and when it is warm, there is a smell and she doeon`t like it. She r.esponded to Commissionec Fry t.hat ahe has lived the~e foc five years. She responded to Chairwoman Bouaa that this is the only proper.ty tt~aC has horses nearby. Mr.. McGowan cesponded fr.om the audience that the Saddle ~lub on Nohl Ranch Road is ~bout 1 mile away. B. J. Collins, 6115 San Locenz~ Lane, Anaheim, st•ated he is a salesman and doea entertain at home and he has a swimming pool in his back yacd and the fiies ace unbeacable wher, they tcy to barbecue. He statPd he understands there is a City ordinanca which n~lows 1 hor.se on 1 acce and that there ar.e 2 horses on this thcee-quarter acre parcel end he is oppcsed to it. He explained he han lived there for 4 fears. Robect Stewar.t, 6126 San Lorenzo Lane~ stated he has lived the~e for 8 to 9 years and when he moved there, there was a chicken farm in the acsa and that the flies ace worae now than they were when thece was a chicken farm thEre. Ben Cruz, 6114 San Lorenzo Lane, stated he has resided at this addcess for about 9 years and he has three children who would like to be able to enjoy kheir. back yard, but can't beaause of the smell and the flies that hav~ infested the area since they atarted to have the hocs~s. 1 ~9/~ ~ MINUTES~ AN1~NExM GITY PLANN:NG COMMISSIONL JANUARY 9. 1984 84-15 SusaTi Campboll, 6130 Santa Ana Canyon Road, etated ah~ has not had any problem with the emell or the f.liea and they do not have nny pr.oblems at al.l with Lhe horsea. She added ahe did not think her mather, Gf.ne Har.tman, has had any problem with the horsas eith~z. Mr. ~r.andt atated he did inatall a aprinkl~r eyotem laut aummer to keep the dut~i= down~ that there ace alwoys fli~s with animAlB, peop.le, fruit tr.eea, etc.i tt~at originally ther.e wAA a manure pit on fhe southwest corner of the proper.ty, but he moved it to the northwest aide oE the proper.ty last summer. He stated ttii.s property i~ diffecent than tt~c aurrounding pcop~r.tiea and they b~ught the pr.apecty for the purpp3e of having horses and the per.son he bouqht tl~e property from had t~~rsea before him. He explaincd the houae was completely remodeled in 1979 and wae conatcucked in 1958. THE PUBLIC NEAkING WAS CLUSE~. Commiesionec Bushore pointed out there aze other. pcoper.ties in that Area which could have hor.ses by ri~ht because they bce zoned RS-A-43,OOG ond if thfa pcoperty was zonNd for half-acre zaning, the owne~ could hAVe two horses. Kendra Mocr.ies otated 1E the pr.opecty was actua]ly zoned RS-HS-22,Q00, they could have twn horses and he could have four horsea on one acce. Commi.saioner. Buahore ar~ked if ttiis proper.ty and the othec fauc were under. tt~e reoalution of intent to R-1. Kendr.a Morcies responded that the resolution oE intent does not apply to the applicant's property nor to ~he pr.opecty at khe cor.nec of Ananpim Hills Road and Sanka Ana Canyon Road. Commissioner Bushore state9 in the fuCuce this pcoppcty could be the only ItS-43,U00 zoning left except far the cocner and tl~is is a difficult situation because the praper.~y,is not quite one acre whf.ch me s~1 i ccannot have any hors~s, but the s+~~aun`~'~ing five proper.ties are a11~-1 ~n~ horges would b~ allowed by right. Responding to Commissioner La Claire regacding the manuce pit, Mr. Brandt explained the pit ie an undecaround containec for.med with wood snd the manur.e is put intU L•hat container and it will natur.ally heat itaelf up and practically disintegrate and become powder. Commissioner La Claice stated all the insects and Elies are worse this year than they were in the past, par.ticularly in the Anaheim Hills area. She sta ted manure does attract f.lies; however, she stated sne has had horses and felt this manuG~ pit is not a good idea and it does generate heat and decomposes eventually but does smell a lot. Mc~. Bcandt cesponded to Commissioner La Claire that he controls the flies on the horses by spraying them and he was sure there is more that can be done. He explained his wife and daugh~er both ride the horses and that the hocses are registered AKabians and further explained his daughter is 13 years uld. Commissioner Bushoce explained khis i~ a small area th~ t could be changing and he could understand why the applicant had thought theee horses would be allowed. Kendca Morries atated the Code specifically says theXe must be a minimum of 1-acre zoning in order to have hocses. Commissioner Bushoce stated he had talked to a person who thought he was buying 1/2 acce and it tuzned out it was 1/9/Q4 ~ MINUTES~_ ANAHFIM C.ITY PI.I~NNING COMMISSION JANUARY 9 1984 84-16 2 acree, so he cauld under.etand wl~y the ownec th~ugh~ he wou.ld be allowed to ha~~e two horaas nnd explained if A pecson hna 1 acre in 1/2-acre roblem,could would only be allowed two horees~ Eie stated tie thoughC the fly p- be reaulved and ainc e this i8 n lr.aneitional ar.en and the RS-A-43,000 zoning has bean ther.e a lot longer thnn the R-1 zoning and the petitioner haa ~~ved there a.lot longec than the opposition, he would pref.er. to see t h ia app through a conditiona 1 uae per.mit cathor th:~n a variance ~-nd when the ~roper.ty i.s sold, the horses wuuld be eliminat~d. CommissiunNc Her.bst stated anven pr.operty owner.a adjoining the pr.opeGty appear to be bothered by the smell and the fiien, even thouqh he recoqnizea thie tias been a b~~d yeac foc Elie~, but he thought it is up to the petit~oner to cesolve thoae problem~. Ne nxkPd what the peti:ioner is willing to do to take care oL the smell a nd flies~ Mc. Brandt stated h e would p~~- up electronic fly trapo and spray Around the t~uildin~s and manur.e pits. It was clacified he was refecring to "bug zapper.a' aiid Commissioner. Bu shoce indicated he tho~~ghr that miyht be worse than the flies beca~~se of th e noise. Commiesioner. Uuahor.e st~ted he t:hought moving the corcal~ would take care oE the p~oblems. Commi~aior-ec tlerbst stuted aon~e of tl~e ~~orr.als and stable~ go r.ight up to the property lines and he felt everythin~ sr~ould be done to move the h~r.ses a~ far. away Erom the neig h bors ~s possible. MK. Bcandt stated h e couldtnove the cor.r.al 50 feet fr.om propecties on all sides. Commissioner La Glaire stated almos~ all the flte~ could be eliminatPd, but it wuuld zequice a lot of time and effocl. She atated this was County pcopert y and it is RS-A-43,000 because that is the hc+lding zone and these pr.oper.ties h istoric~lly have been allowed to have horaes and referr.ed to the Mohler Drive a nd Pecalta Hills area which were allowed to have hor.Ges. 5he stated it is pos~ible to have horseB in very clo~e pcuximity and not even know they are thece, if they are properly maintained. She stated she was sur.e the manure pit was not a gand idea and thought most people haul theoblemre away and she thoug ht continuous spraying could eliminate the fly p Paul Singez, Traff ic Enginee[, stated he would rerommend, if the Pla*~ning Commissi~n does approvE thie request, tha~ access to Santa Ana Canyon Road be closPd and taken t hrouyh San Loren2o Lane because Santa Ana Canyon Road is a scenic highway wit h limited access. Commissionec Hecbs t stated he thought it is time to change that scenic hi~hway designation becau se of all the stop signs that are there. He stated the applicant has agre ed to move the cor.ral 50 feet ~way from all pcopetty linec, bringi.ng it within Co~e, and also to plant grass in the sekback area. Commissionec Busho r.e stated he ~ould still prefer. to see this granted as a aonditional use permit cather than a varxance. Jack White stated cucr.ently we do not have an ordinance which authocizes this use by a condittonal use pecmit because it is specified as a prohibited use. Commissi.oner Bushoce stated he has a ceal prablem because that would be the only propert•y i n the atea which would be al~owed to have two horses ;n pr-cpetuity. 1/9/84 MINUT~5~ ANAHEIM CITY FLANNING CQMMISSION JANUARY 9 1984 ^4-17 Commi~eioner La ~:laice state~ the propecty adjacent would be allowed t~ have hocses aC thN present time. Rendca Mocr.ies ~tated propectie~ to the east sce zoned RS-7200 which would pcohibit horaea and if the proper.ties t~ the weat ece a minimum of one acre, they could have hor.ses. Commieaioner Herbst 8tated a vaciance bothers him alao and he would like to see some kind of con~rol, if this i8 appraved, and iC the amell and fly problema could not be controlled, the owner woula hav~ to ger r.id of the ho~ses. Jack Whlte stated this variance doea not involve con~tr.ucting a str.uctur.e and ba~ically r.elatea to the uae of the pKOperty and he would aee no legal impediment to imF~~Aing a condition to 13mit khe use to a period of time which would cequire a oven~nt on the pror ty t~ inui^^tc that it is so limited and that it could bc reviewed in the Eucur.~ und the use phased out over. a per.iod of time. Commisaioner Herbst stated hE :e looking foc aomeChiny to guarantee that the problems would be resalved immediately. Jack White stated the petitianer is here to ge~ an auttiori~ation that he curr.ently daes npt have to keep the hor.ses and if appr.ovA1 is given today, then he is going to have to live with whatever condir,ions ar.e imposed, as well as the requirements of. Code Section 18.03.092 which provides that a var.iance o~ conditional use p~r.mik may be modi~ied or terminated if the variance or. use foe wt~ich the pecmit was granted have been ao exercised so as to be detrimental to l•hE public health or safety and sa as to constitute a nuisance. He explain~d thP CommiESion would have a handle if rhE problems are not resolved. Commissioner i,a Clair.e stated when there is a use proposed on an industr.ial property which is not nor.mally associ~ted with the proper.ty or not granted ~~y cight, a conditional uEe per.mit is au~horized and she could not understand. why one could not be appcoved in this situ~tion. ,lack White explained in this case, Code expcesaly r.equ~res that pcopPr.ty must be a minimum of r~ne acre in size to have horses. Commissioner La Clair.e refecred to the Mohler Drive area whe~e horses a~e allowed on one-half acce. Jack White clarified that propectfes zoned RS-A-43,000 must heve a min~mum of one acce in ordec to have hocsea and in order to have a conditional use permit under tt,e unclassified section of the Code, the use has to be one that is nok otherwise prohibited on that pacticular propect~- an~ khat that use r.ight now is prohibited on this pcoperty and the only way to appr.ove it is by the variance and that leg~lly the vaciance would not be permitting a use on the prope~ty, but would be actually reducing the minimum requirementa of the size of the lot. CommissioneX La Claice stated the neighbors have complained about the ofee flies and occasional noise and she thought those problems could be resolved. She pointed out there has been one horse on the proper.ty for 3-1/2 yeazs and thece were no complaints, but arter the spcond horse was puzchased, the City ceceived complaints and that this i~ the yeac when the flies have been worse than other times and the man~re pcoblem has been doubled. She stated she would like ta see the petitionec have the chance to get rid of the smell and the Elies, but she would also like to see a review of the situation. She stated she would like to have a covenant recoc~ed limiting the use for a 1/9/8q MINUZ'ES,~ ANAHEIM CI'rY PLANNING COMMISSION, JANU~RY y, 1984 84-18 period of time. Jack White stated the Commiasion could r~que4t an annual r.eport back to the CommissLon to dQtermine if tl~eze is a Problem. Commissionec l~u:.~hore stated thc only problem with thQ proces~ under the NuisAnce Ordinance i~ the de]oys which can he ca uaea deliber.ately and once something hAs Deen yiven to someone, it is h4r.d to ta k e it away. Hg stated he would r.~ither. diacues how long the tiursea will be kep t on the prapprty, ba~ed on the age oE the daughter and tho age of the hor.ses, etc. Eie pointed o~at Palo Altu Drive is atubbed to yo thr.ough the othor propert y and he did not want to cr.eake a ait~nkion that is going to be ther.e Eoc a long ti me when things change in the ar.ea. Commisoioner La Clair.e atated she would be in favor. uf a covenant limiCing the vaciance to a time limit because rihe ~e alizes 990 of the teenage gir.ls who have hor.sea will loae .interest when they st a rt to dcivr vehicleF and by the timc they are 18, they will not go neac the hor.s e s. She asked Mc. acandt how much time he thought he would nezd to get rid of th e p~+1~i~~~. Mr.. Brandt cet~pondPd he thought about 5 yeacs wou.1B b~ adequate. Chairwoman Bouas asked iE the oppositio n wauld he willing tu wock with the petitioner. to r.esolve the pcoblema. Mr. MeGowan atated he pecsonally would ~o along witti the cequest if there ar.e a couple of conditions fmFo~ed; one limiting it to a time limit to see if the pcoblems ace elimi.nated because the}• w ill want to see whak it is like next summer, and he would alau like a conditian impo sed ttiat the stables or cor.r.al~ would not he moved h~~~ause the only way to move t hem woul~ be to the south which would aEfec~ a] ~t everyone he~e. Commissio ner Herbat pa.inted out the ~~coposed plans for movic:; the corrals on the exhibit. A ten-minute receas was taken fn ocder for. the neiy hbors to review the plans and discuss thF problems with the petition er., RECESS: 3;25 p.m. RECONVENE: 3:35 p.m. Mary Urgan stated she did not think th e y wo-~.ld have any objection to him having one or two horses as long as they can be guaranteed the proper.ty will be kept clean; that the people who liv~d there before had one horse and it cr.eated no pcoblem and now there are two horses on t1~e propecty and it is not kept as clean and there ar.e pcoblems with flies and od~rs. She stated they would like some guacantee that someone would come out and check the property unannounced just to ~ee that it is being kept clean. Commi~sioneK La Ciaire stated she wou 1 d like ko stop by once in a whlle to see the hocses anyway and she would check the property. She stated if this is approved, it would be limited to one year so th e Commission can review it at the en~ of one year and then if all tt~e conditions a r e being met and Everything ia beii~g taken care of, the variance can be granted f or a langer per.iod of time. She added she does not mean that no one wil]. check t he pcoperty before the one year is up, however. Ms. Organ ctated they want to knaw ~o r sure that someone will check the propecty because if theze is a problem, they wo uld have no altecnative but to come back and complain again. 1/9/84 MINUTE S~ ANAH_EIM CITY PLANNZNG COMMISSION, J~NU~KY 9, 1984 84-19 Commis sionec Buahoce stated tha complaint wae made by a neighbor, ori~ine:ly dnd ~ hrouyh the NuLsAnce OrdinnncQ, a Code Enfoccement OfLicer could inapect the ~ r operty, if A com~laint is filed, and iasue a c~tation~ ao ther.e ar.e guaca n*Poo, but tho Cammission cAnnot aet a npuciEic day oc time when thry would uom4 out to i.nbpect thQ propecty. Ms. Organ etated they wr~n : thc Cornmission to aay ihe pr.oper. ty wi 11 be i.napected periodically unan~ounced. Commi s sloner Buahare atated Commission is trying to nbate the prablem over a period oE time and ther.e ar.e alter.natives. Commi saionec La Claice atated the Commieaion ie inter.eated in pleasing the neighboci: and allowing t'.ie applicant ':o keep his hor.sef~ Eoc his daughter for a period oE time. Commi seioner L~ Clair.e stated the petiticnFr has agreed to move the corral and all the nei~hbur.a have seen the plans and he has :,yr.eed to put rid of the flies by sp~aying, etc. and also ht~~s agreed to haul t.he mt~nur.e awny instead of putting it into a pit. Ms. O r.gnn etated they wauld be willing to compromiae. ACTION; Commi~sion~r. La Clair.e affered a mution, ~.conded by Comml.ssiuner. Fr.y and M OTION CARRIEU, that the Anaheim City Planning Commiesion has reviewed the proposa] l.o cetain ar. exi~ting corr.al with two har3es with waivera of minimum setbac~ for a cor.ra2 nn~i maximum numbPr. of hoGae~ an a r.e~~A~r7ularly-shaped paKCel of land cansistiny oL approxim~tely 0.76 •e, h , a fr.onkage of appcoxiraately ~Z1 feet. on t;~e Gouth side oE Uanta Ar, RA~d, and fur.thec desc r ibed As ba 40 Fast :3ar~. A'~nr~ Cunyon Road and doert ~ tiprove the Negative De,clarati:~n upon f ir,sir,g rhat it ha ~~+nsider.c~ .. e.,egative Declacatiun togekher with ~ny c4mments ~ecei~:L~:+ during the public review procese and furtticr iiriding c~~ ~he basis of the InitiAl Study and any comments received that there i~ no suk•:sta~tial evidence that the p~aject will have a significant e£fect an khe enviKOnment. Commiseioner La Cla~c~ offeced Rf~solution No. PC84-7 and moved tor its passage an~ adoption that ti~e Anaheim City Planning Commission does hereby grant Varianae No. 3369 for a pf~ lOd of one yeac, aubject to the petitioner's stiFsuletion to Kecar.d a covenant in a£orm approved by the City Attor.ney's 0£fi~e agreeing to the time limit and to ~omply with Anaheim ~iunicipal Code Sect ion 18.03.092 and further that the variance is gzanted, in part, with waiver (a) being denied on the basis that khe petitionec has agreed to move the corzal 50 feet away fcom r.he propecty linea on all sides; and waiver (b) being gcanted on the basis that thece are special circumstances applicable to the property such a~ size, shape, topography, location or sucroundings, which do not apply to othec identically zoned propertiea in the vicinity; and that ~trict application of the Zoniny Code deprives the pr.operty of privileges enjoyed by other propecties in identical zoning classification in the vicinityt and subject to interdepartmental Committee recommendations. 1/9/84 MINUmBS,__ANANEIM CITY PLANNING COMMISSION, .i~NUARY 9. 1984 84-20 Jack White pointed out that th~ additional condition regarding the rpcoc~ation oE the covenant ehould ~tdte that the nct~ona will be taken within a peciod of 60 days from the date of appcoval of the varianc~. On rall call, the f.oreg~ing reaolution was pa~sed by the following vote: AYES: BUUAS~ BUSlIORE~ FRY~ H~RBST~ KING~ LA CLAIRE~ MC BURNEX NOES: NONF ABSBNT: NONE .lar.k White, Aasiatant Ciky Attocney, preeented the wr.itten ~ight t~ appeAl the Planning Commission's declsion within 22 days to the City Council. Commissioner Ga Claire ~hanked the opposition for. cc~ming to the Planning Commission meeting to make tt~eir ~omplainta krown And for their. cooper.ative spirit in working out the pr.oblems. ITEM t~0. 12. EIR NEGATIVE DBCGAR_,_,_ATION AND VARIANCE NU. 3372 PUBLIC HEARING. uWNER: MARIUN VES~Y, 611 Anakon Buulevac.9, CosCa Mesa, CA 92626. AGENT: EDWARD MUBEL, 16482 Somerset Lane, Nuntingtur~ deach, 92649. Property descr.ibed as a r.ectangularly-shaped par,cel of land consisting of approxlmately 3.47 acre~, 1G40 Sou*_h Hacbor eoulevard, (Anthony's Pier 2). W~ivers of minimum landscaped setback and minimum numbec of par.king spaces to canstr-act an outdour patio enclosur~. Ther.e wer.e two persons indicating their presence in oppositiun to subject rec~ue~t and although the staff ~eport was not read, it is referced to and made a parC of the minutes. John Davis, 8242 Nays Ciccle, HunL•ington Beach, agent, stated they hav~ ,=.~~ existing sidewalk patio approved as of September 19, 1981, and it exten~ ~."r.om the front of the building approximately 2F's feet and they ar.e praposing Lo enclose it with a glass solarium ~nd in discussing their plans with the City, discovered they da have a packing pcoblem. He stated they had a parking skudy done. He explained they aXe tcying ta Frovide a more sanitary condition because operating a sidewalk cafe is not as clean as they would like and also, thece has been a noise problem and they feel enclosing it will eliminate the nofse. Patty Sha,~, 830 S. Oakstone, Anaheim, manager of Best Western Anac. ~' :~n located next daor, stated they curcently have a pcoblem because of Anthony's Pler Two and ducing the summec months the,+ have had to hire extra pecsonnel to keep restaurant patrons fr,om packing on tt~e motel parking lot and when the restaurant parking lot is Eull, the valet attendant tells people ~o pack at one of the othec businesses in the acea. She stated the noise level is really high because of the outdooc seating and she has had to refund motel guest's money because they cannot toler.ate the noise. She explained in the summer Anthony's is open untii '1:00 a.m. and their motel guests ace trying to sleep at thaL• hour. Ms. Shad atated they apened the motel in Apcil of 1983, and if they had been permitted to exkend their building ~loser to H~rbor Boulevard, thpy would have 1/9/84 M~NUTES. ANAHEIM CITY YL_A_NNING_C_OMMISSION _ JANUARY 9. 1984 ~4-21 done thaC to add more unita, but that waa n~t per.mit~ed. She stated in thc summer when the reskaucdnt patcons ar,e leaviny at 2:UU a.m., they disturb the mokel gueats. She ~~aL•ed it i~ great to have a restaur.Ant likc ~his next door, buC tt-ey do not have enouyh facilities ta accommoddte their, pur.king. &he stated A11 oE her ernp~oyees liave had ta aek peoplo to move their. vehicles frata the Packing lot and that they have loet busineas becauae of it. She ac~ded an~thec prublem ia that the people eortietimes become icare when asked to move ~heic vet~iclea because they are alr.eady into~icated when they ar.rive. She stated that propecty i.s ju~t not lArge enough to add moce aecvicea and added iihe was also concer.ned about them having live music. Vivian Lamarias, 15781 Maidst~ne, Westminater, co-owner. of the Best We~tern Motel, stated she could veriEy everything hcr manager had juat said and when she goes thece in the evening ahe, pecsonally, has had to r.un 10 cars off in one hour during the aummer montha And it is not a pleasant ~ot because F.he people become very irate. She stated during the buay se~son ther.e aKe a lot of F~eople al~ over. the place at the motel because it is a family motel and the cestaurant patr.ons have actuall.y par.ked their vehicles behind n~otel guest's vehicles and the matel gueRts havP r.eturned laCe at night and not been able to Find an empt}~ space. 5he stated ~he did have A ter.r.ibie time last summer. witi~ the music fr.c~m the rest~urant and the cestaur.ant was open until '1:00 a.m. and sl~e did not believe the glass would ~top ttie noi~e. She staked they wece not allowed to have a variance to build any ~loser. to l•he stKeet and they cuuld tiave used a lacge~ offic~ and she did not think a variance should bN given to the prope~ty right next door 6 months later. and pointed out that cest.aurant has been tliere foc yeacs. St~e added the parking is r.ea.lly bad and she pers~nAlly asked the valet attendant where their. employees par.k and wau told to pack anywher.e she wanted at any of the other. businesses. Steve Paleska, Prafe~sional Parking Systems, 32 Butterfield, Irvine, stated he has opecated valet packing conces~ior.s for. Anthony's Pier since it was opened and has had quite a bit af exper.ience with problems like this and was involved with Peter's Landing which had a similar situation. He stated it is a dinner. house ~estaurant and ~hey do not stay open until 'Z:00 ~.m. and the r.e°taucant closes at lO:OQ p.m. on week niqhts and 11:30 p.m. on Saturday night. He stated it is not a nightclub atmosF~here and ther.e is no music. He stated they stayed open until 2:Q0 a.m. on New Year's Eve. He added his valets should not be saying the lot is full, because he could put ovec 150 car.s in that lol and ther.e would be no pcoblem. He stated the parking study said they could put 52 cars in one back lot, but h~ could put 55 there and, in addition, they could park anothec 26 vehicles tandem at the motel and some vehicles araund the pool acea. He stated this i~ a family restaurant and not a single's bac and that ~~:ing happy hour there ace never more than 30 people pre3en~ as it only seats 20 to 21. He stated Denny's cou:d be a contributing factor to the packing problem and added they would be happy to put up signs to alleviate th motel opecator's problem and to ~clp teach her employees how to handle the situation. Mr. Davis stated the sound was the problem that gave them the idea foc khe solarium and pointed ou~ two layers of one-quacter inch tempeGed glass with air space between wauld el~minate virtually all the noise. Concerning the parking, Mr. Paleska atated they have never told their valets to instruct theic customer~ to park anywhere el~e and if the motel has a parking pxoblem, he can understand, but they do not want their cust~mers to 1/9/84 MINUTES ANAHEIM CITY P~ANNING COMMISSION~ JANUARY y~,1984_ __ d4'2? park at the motel. He stated they do nat plan to have any live muslc and kheir hour.a uf uperAtion are fKOm 4:00 p.m. ko ~1:00 p.m. and thia is strLctly a Eamily-atyle dinnec houae. TNE PUB~IC HEARING WAS CLOSED. Commissionpr. liecbat asked i£ r.he petitioner. t»s a permlt Go have tublea ~ chaice on the patio. Mr. Davia ax~~lained the building per.mit was issued by the City of Anaheim in 5eptembec 1981, And the pl.ans ahowed the patio with aeating. Commisaioner Herbst skated he did not believe t:he plnn~ the Commission ~aw ahowed the tablea and chairs becauae there i~ a 50-Eoot aerbACk r.equirement along Harbor. BoulEVard and no constr.uction wouid t7e permitted in that setback. Mr. Davia st~ted the plans shoa~ed the patio ar.eA with ~eata ~nd Lurthec explairied the ptoposed ~olar.ium would be 3 Eeet back fr.~m the exist:ing putio. Responding to Commissiancc eushore, Mr, Davi~ ~xplained ther.e wi11 bF no band and no dancing. He stated in the ~art, they did tr.y to have muaic, but ther.e were camplaints so it was ~topPed• Kesponding to Commissioner Que~h~r~~. ~r. Pal.eska staked they have an agreement with the Saga Motel to ur~e ara many sp~~~c~as as necessary. He explained they cantro.l the front spaces ~nd iE a gu~st needs to par.k in f~ont of his r.oam, the attendar-t will move the car. Commissioner. eushor.e asked where a pezson cauld park if he c3id not want to usp the valet paKking. Mr. Palesk<~ r.esponded the person could pACk ~~r.oand the pool area. Commissioner 9ushc~ce er.~~lalned he had tested tha~ situAtion and was told to pack on the stre~t. }ie stated he a].~o hac] Eci~nds who skayed at the Saga Motel and were not ailowed r.o pACk ~n Iront oE khei.r motel r.oom and that he tiad gone t~ thN motel andi hbd par.ked hf.s car in r.hc ,nor.el parkir,g space and was told to move it. He stated he fe.it pe~mitm should be r.equired to allow valet p~rk:ng because thEy ca~~se more pcobl~ema than they are worth and do tuzn guests and patcona away. Mr. Paleska stated hc is embarrassed that that happe~ed and that ther.e is par.king around the pool, past the second set of Palm trees. Commissionec Bushore stated he will not go there becaus~e of the valet par.king but he can undec.startd why it i~ needed b~ca~se of the conflict with the molel. He atated he w~ent past the restaur.ant ldst night and it was open and he tl~ought it was betweei~ 10:00 an6 i0:30 and ther.e was no valet attendAnt present. Mc. Palnska i:tated th~~y bring the aign dON:1 attec 10:00 p.m. anc', iE there ace only a cars teft on the lc,t, they let those people selE pack. Commissionec Bushore asked how often they tande~+~ par.k and Mc. Paleska cespor~ded, they will have to park tandem 4 or 5 cars in the controlled lot on FGiday nights and expla:ined they have no other arcangements for packing with othec businesses in the area. 1/9/84 MINUTES. At1~HEIM _CLTY PLRNNING CCMMISSION JANUAFY 9 1984 84-22 Nark at the motel. tie steked they do not plan to hAVe any ~ive muaic and theic houKa of opecakion ace from 4:OU p.m. t~ 11:00 p.m. and thie is strictly a family-style dinne~ houae. TH~ PU~LIC HCARING WAS CLOSEQ. Commissioner. Hecbst asked ii the ~etitianer has a per.mit to have tables and chair.s on the patio. Mr. Davia explained the building per.mit •as is~ued by the City nf Anaheim in September 1981, and the plt~n~ showed the patio with aealing. Commisaionec Herbet stated he did not believe the plans Che Commiseion saw ehowed the tables and chaira because kher.e is a 50-foot setback requirement along Harbor Bnulevncd and no conatr.uction would be pecmitted in that setback. Mr. Davis akate~ the plane ahowed the pakio ar.ea with aeats and furthec explained the proposed solar.ium would be 3 feet back fr.om the exiating patio. Responding ta Cortimissioner Bushor.e, Mr. Uavls explained ther.e will be no band and no dancing. Ne atated in the past, they did tcy t~ have muaic, but ther.e weze complaints so it was stopped. Responding to Cammissionec Buahore, Mr.. Paleska sl•ated they have an agceement with the Saga Motel to use as many spaces as necessar.y. Ne explained they control the front ~pACes and if a guest neede to park in front of his r.ocm, the attendant will move the car. Commissioner Bushoce asked where a person could par.k if he di~ nof want to use the valet parking. Mc. Pale~ka responded the pecson could F:ark acound the pool area. Commiseioner Buahor.e explained he t~ad testP~ chat situation and waa told to park on the DtCP.~t. Ne statpd he als~ had triends who stayed at khe Saga Motel and were not allowed to pack in fcont of their motel room and that he had gone to the motel ar.d had parked his cac in the mot.el packing space and was told to move it. He stated he Eelt permits ahould be required to allow valet packing because they cause more problems than they are worth and do tucn guests and patrona away. Mc. Paleaka atated he is embacrassed that that happene~ and khat ther_e is parking acound r.he pool, past the second set of Palm trees. Commissionec Bushore stated he will not go ther.e because oE the valet par.king but he can under.stand why it is needed because of the conflict with the motel. He stAted he went paet the xeskaurant last night and it was open and he thought it was between 10:00 and 10:30 and ther.e was no valet attendant present. Mr.. Pa19&kd stated they bring the sign dawn aftex 10:00 p.m. and ff theKe are only 8 cacs left Un the lot, they let those peoplp self par.k. Commiasioner Bushoce asked ho~ often they tandem park and Mc. Paleska cesponded, they will have to park tandem 4 oc 5 cars in the controlled lot An Friday nights and explained they have no other arcangements for parking with ~ther businesses in the acea. 1/9/84 MINUTES, ANAHEIM CITX PLANNING COMMISSION. JANUARY 9, 1984 _ 84-23 Commissianer King stated the main point oE c~ncer.n is the setback and not the packing. Commiasioner Buahore stated thF narking study ia actuaJ=y based on the valet packing bei.ng done and even though the p~rking and ~eating Are not the iasues, they are all tied together. CommiBaionec King etated he cannot juatify approval oE the var.iance fo~ the setbACk. Commissionec tlecbst atated the p1Ans appcoved by the Building Department showed curbing ar~und the patio area and it is marked in emall letters that it is a dining ared. Kendra Morr.ies stated the 3-foot wall and patio ~lab would be per.mitted encKOachmenta into the eetb~ck and t.he building per.mit would have been AppKOVed and it would have been explained t~ the petitioner.~ that tu occupy that space for expansion ~f the restaurant wo~ld r.equlr.e a conditional u~e permit. Mc. Davis st~ted the ~e~"ing was shot•~n r.ight on the plans that were approved and it was ~hown a~ a uining patio. Commissioner Fry asked if M~. S`xad, manager. o~ the motel, had discussed the paGking pcoblem with the mana~Nr. c~f the restaurant. Mc. Shad r.esponded she had apoken witt~ the managemeiit hzrAelf on Chree different occasions ~nd the manayec had sAid they wE~r.e ver.y sorcy and were trying to r.esolve the problem by getting more spaces f.rom the Saga Motel. She explained they have three happy hours dur.inq thr sutnn~er. and the latest one starts at 11:00 p.m. at night and thex do briny in a lot of people. She stated evecy time ~he has gone over to the restaurant, thwy t~a~4e been very polite, but have indi.cated they did not know how to cc~trul ~he pr.oblem. Commissionez Fry askf:d i£ the motel has a sign posted indicating illegally packed vehic]e~ ~aill be towed. Ms. Shad sta~ed they do have a sign posted, hut they t~ave nn.ver r~ad any vet~icle towed because they want to cnopecate with the other bu~in~sses in the acea. Commissi~ner Pushoce asked what would happen if it can be shown that they have a specific limited number of parking spaces assigned ~hrough a lease aqreement witti the Saga Motel and it doesn't meet Code zequirements f:or the restaurant. Jack White stated that would constitute a violation of the par.king Code requicements or a violation of a condition of thp ariginal conditional use permit. Mc. Paleska stated they have an agceement with the owner of the Sa~a Motel and h~ did not know exactly the number and the awnec of the Saga Motel said they could park anywher.e. He stated he will do whatever is necessa~y to r.esolve this matter. Responding to Chairwoman Bouas, Kendca Morries explaiRed the applicant has indicated the seating capacity of. the proposed ad~ition would be for 75 persuns. It was noted there are 54 tables in the restaurant, 308 of those would be for two people and the rest would be for. 4 to 6 pEOple. He explained they still have the bar up front and people can be served at that bar; and thak they dc not have a l~appy houc at 11:30 p.m. and their late happy hour would be at 9:30 p.m. and the double happy hour advertised on the cadio is for their Newport eeach facility. 1/9/84 MINUTES~ ANAHEIM CITY PLANNING COMMISSION. JANUARY 9~ 198____ 4 _ 84-24 Commissioner La Claire etated ohvioualy ther.e is e parking pr.oblem and when thie permi.t was issued, it wa~ faK a patio and evi.dently tF~er.~ weze tablea on the plane, but a conditional use per.mit was nevec obtained. KendKa Mocries explained the tables wer.e not ehown on the plot pl;~, :."ich goea bef~re the Planninq Commission, but were on the floor plo,~ approved by the Building Depar.tment. Mr. Davis stated the plot plan d`.d indicate the acea as a dining area. Commissioner Buahore sta~ed an er.~or. has bQen brougt~t ko the Commissian'a attention and the situation muat be car.r.ected an~ ~l~c~ have never had the right to u~e that aKen for 75 dining aeats. Jack White, AsRiatant Ciky Attocney, atated this aiecussion is irrelevant from a legal standpoint; that the Municipal Code is clear. that if the Building Department issues a perm~t for. an encroachment £or. a uAe into un a~ea that is not ~ttier.wise pecmit~ed by the Code, then that per.mit ia null and void and there ar.e no rights gained by a proper.ty owner. fr.om a City official and even if' the plan showed 75 seata in thak area, if the 2oning Code says na dining will be ~eKmitted i-~ that Area, the permit is not valid. Ne otated .ft is clear. that the Flanning Commis~ion who has the r.esponsibility for uppr.oving a variance has not approved this vaciance. Commissionec La Claire stated it sounds like Anttiony'~ i.s doing a good business, otherwise they would not be hece and woul~ not need to have valet parkiny. She atated the Commission has not allowed an encr.oachment into that setback and if it ha~ been befor.e the Planning Commission, it probably would not have been ycanted t>Acause no one else has been allowed such a vAr.iance and also there is a deiinite lack of par.king. She stated she cannot see a hardship in this case for granting the variance based on the topography of the land oc lhQ unusual site. Mr. Davis stated as it stands now, ducing their busiest times ot the year., the restaurant'~ customers wait two or Chree hour.~ far. a table and their pr.oposed plan for enclosing the patio would alleviate pact of the problem becauG~~ people would be sitting there waiting for a table and their cars wo~ld be parked. Mr. Paleska asked if the hardship is the prime cciteria for approval of this request. CommissioneG La Claice stated this is foz a variance fot an inccease in r_he ~ize of the building which has not been g:anted to anyone Else and it is not an economic hardship which the Commission is looking for and explained the hacdship tnust pertain to the prope~ty itself. Jack White stated actually the Commission i~ looking at two diffecent types of variances in this case, first the encroachment into the front 50-foot setback area and the cciteria gover_ning that appcaval of the variance is contained in Section 18.03.090 of the Municip~l Code which says there mu$t be special ciccumstances applicable to the property auch as size, shape, topography, locatinn, etc. He explained the second var.iance celates to the parking ana that is contained i.n Section 18.06.080 of the Code which basically providea that if a parking study is submitted, the Planning Cornmission oc City Council may determine that the packing vaciance will not cause an increase in traffic congestion in the immediake vicinity noc advecsely affect the adjoining land uses and that tt~e granting of the pa~king variance under the conditions 1/9/84 MINUTES,_ANAHh:IM CITY PLANNING COMMISSION L ~ANUARY 9. 1984 ___ 84 ~` impoaed, 1E any, will not be detrimental to the peace, health, safety or genecal welfare of the citizen of Anaheim. Mr.. Palpaka rlarified that khe act of. omisaion by the Building Department in noC eubmitting the plans to the ~lanning Com-niesion is auperaeded by policy. Commisaioner La Clair.e atAted the Planning Commiesion heaGS end opproves variances and ahe did not know how the plans wece approved. •l~ck White stAted as a matter. oE law, even iE it is asaumed that the plans showed thP patio area i.nto the cequice~ land~caped setbnek as going to be used Eor outdooc dining f.or 75 people with tables shown on the plans, the Planning Department official dues not have the r.ight to appr.ov~ tiiat becAUae that right is vested in the Planning Commiasion and no official in the Planning Depar.tment can waive that right. Commissionec aushor.e staked as long as the inter.ior. wall~ are not moved, the r.emodeling plans are not r.equir.ed to be brought befor.e the Planning Commission. Kendr.a Marr.ies stated the per.mit that was issued waa calculatec3 under a diffecer~t par.king Code and ~t~e was not sure oE the calculations. Commissioner La Claice stated if the4 did not have valet parking, there would be a pecking probl~~m and even with valet packing, khere ar.e sti11 problems and the City ham not really qiven them the r.ight to use tnat out.door. ar.en as dining acea. She btated the Planning C~mmission is supponed to cvnsider. all variar~ces and t~e set.back ~aaiver should have been r.eviewed beEore this was evec stacted and cer.tain findings sl~ould have been made far approval of ~uch a voKiancH and she did not see any ju3Cification for. appraval ~f the 3etback waiver. 5he stated the pcoper.ty is not unu3ually shaped and thece ar.e no other simi.lar variances qr.anted in that ar.ea. Commissioner. Hecbst asked how the packing would be affeeted if this request foc e~pansion is denied. Kendra Mu~r.ies state~ the packing r.equirements would be lower. ACTION: Commissionec La Claire ~ffered a motion, seconded by Commissioner. King and MUTION CARRIED, that the Anaheim City Planninq Conmission has ceviewed the proposal to construct an outdooc patio enclosure with waivers of minimum landscaped setback and minimum number of packing spaces on a rectangularly-sh~ped parcel of .land consisting of appc•oximately 3.47 acr.es, having a frontage of approximal•ely 2.53 feet on the east side of Hacboc Boulevard and fucther desccibed as 1640 5outh Hacbor. Boulevard (Anthony's Pier 2); and does heceby appcove the Negative Declaration upon finding that ft has considered the Neyative D~clacation together with any comments ceceived during the publ~c review pcocess and Eurthet finding on the basis of the Initial Study and any camments received that thexe is no substantial evidence that the project will have a significant r£fect on the environmer~t. Commissioner La Claire offered Resolution No. PC84-8 and maved foz its passage and adoption that AnaheLm City Planning Commission does hereby deny Variance No. 3372 on the basis that there ace no special ciccumstances applicable to the propexty such as ~ize, shape, topograph~, location o= suxroundings and strict application of the Zoning Code would not deprive the property of privileges enjoyed by other propecties in idEntical zoning in the vicinity since no one else has be~n gcanted a similar waiver. 1/9/~ MINUTFS, ANAHEI~1 CITX PLANNING COMMIS$ION. JANUAR_Y 9, 1984 84~26 Commi~sioner t~er.hst indicated he would like to ~dd to the reaolutlon that gr.anting of this waivec of setback into the Hacbor Boulevar.d acea would certa~nly set a pcecedenk. On coll call, the foregoing resolution was passed by the following v~te; AYES: BOUAu~ BUSkiORE~ FRY~ HER~ST~ KING~ LA CLAIRE~ MC BURNEY NOEa^: NONE A9SFNT: NONE ~ack Wr~il•e, Asaietant Cit.y Attocney, pr.esented the wr.itten r,ight ~o a~peal the Planning Commission's decision within 22 days to the City Council. 1Z'EM N0. 13. R~PORTS AND RECUMMENpATIUNS; ... CONbITIONAL USE P~RMIT N0. 1924 - Request fcom J. Raymond Bridges for. an extenaion of time For Conditional Use Per.mit No. 1924, pr.ope;.ty lncated at 1743 Weat Lincaln Avenue. J. Raymond dzidgea, Applicant, was pcesPnt to answer any queations. Commissioner. Bushoce pointed out one ye~r ago the applicant agr.eed not to pack vehicles on the ~treet for. ~idvertising purposes, and that there ace vehicles parked on the str.eet. Mr. Bridges reaponded they have complied tot~lly with their ~,~,inmitmenk to pack no more than one vehicle at a ti.me on the s~reet. Commissi~ner Bushoce exp~ained his recollectioii was that lnere was to be no vehicles par.ke~ there, with Mr. Bridges ceplying he had misundecstood and that he would stipulate to comply and further. explained he had been working with Code Enforcement personnel and thought they wer.e romplying. ACTION: Commissioner Buahore offered a mutfon, seconded by Commis~ionex Fry and MOTION CARRIED, ~hat the Anaheim City Planning Commission does hereby gcant a one-yeac extension of time for Conditional Use Permit No. 1924 to expire on ,Tanuacy 3, 1985, subject to thp petitioner's stipulation not to pack any vehicle on the streek foc advectising puxposes. B. COtJDITIONAL USE PBRMIT NO. 2293 - Request fcom Patrick T. Flynn Eor, an exterision of time for Conditional Use Permit No. 2293, propeKty located at 1400 Sauth Haxbor Boulevacd (Budget-Rent-A-Car). Commissionec eush~re pointed out the kwo driveways have been closed, but the chains are still khere and there is no landscaping. He added he wasn't suxe if the circulation plan would meet tihe Traffic Engineex's approval. Commissioner Herbst sug~eated continuing the matter foc two weeks in ordec for staff to investigate and ask the petitioner to remove the ch~ins, and also to determine what type of landscaping is proposed. ACTION: Cammissioner McBurney offered a motion, seconded by Commissioner La Claixe and MOTION CARRIED, that considexat~on of the aforementioned matter be continued ta the regular.ly-scheduled meeting of Janiiaxy 23, 1934. 1/9/84 4- C. D. uauv ••....---- sunwest CONDITIONAL USE PFRMIT N0. 2160 - Itequeat fr.om Hanan Stanley- 2160, Metale for ~~ Rxte~ei°~~4~SoutheAnaheimnBOUlever.dU(Sunwest~Metala). propexty locatod ACTION: Cort-r~iseia~eK King otfer.ed s motion, secondPd by Commiesioner Hecbat and MOTION CARRIGD, that the Anaheim City Planning Commiasion does hereby gcanr a 3-year. ex~en12on1~87time for Cflnditional Uae PeGmit No. 21G0, to exFice on Janua.y ~ RECLASSIFICATION N0. 78-79~25 AND CONDITIONAL~ USE PERMIT NU• Inc~, for Requeat from Geocge T. Mason. Jz., The Gunston Hall Gompanyr 78-79-25 and Conditional Uae extenaions of timerf~oer~YclasalEication No. permit No. 1935, p• p located on the east sid~ of Imper.ial Highway, appXOximately ].650 feet south of the centerline of Nohr Ranch Road. Commisaioner La Claire c1Arsseddxequixing8the~dr.ainage systemVacKOasWith the property recently di~cu Santa Ana Road. ACTION: CommissioneK La C1aiKe offered a motion, seconded by Planninq Commissi~oner Her,bat and ~ant~a oneRyeac extenaionAofhtimeC£oc Commission does heceby g Reclassification No• 78985,25 and Conditional Uae Per.mit N~. 19 ko expice on Januaxy 29, g~ I:ONDITION~L USE PERMITCo~~itional UseuPecmit NoD•2165mopd pertY located extension nf time for at 446U East La Palrna Avenue (Anaheim Rental). ACTION: Commissioner Ki.ng offer.ed a motion, aeconded by Comn~issioner. Her.bst and MOT'LON CARRxED, that the Anaheim City Planning Commission does hereby grant a 3-year time exte~sion for Conditional Use Permit No. 2165 to expire January 12. l~g~• ADJOURNMENT: There being no fu~t~Commissioner. Mc9ur.neyoand MOTION CARRIED a motion, seaonded be adjoucned. that the meeting The meeting was adjourned at 4:43 p.m. Respec.tfully submitted, . , ~~~~rr~~ o~ ~ Ed th L. Harris, Secretary Anatieim City Planning Commissfon ELH:lm 0025m 1/9/89 ~