Loading...
Minutes-PC 1985/07/08/ ltRGU[~AR MEETING OE TNE ANANEIM CITY PLANNING COMMISSION REGULJ~R MBETING The regular meer,ing of ~he Aneheim City P1Anning Commiaeion wa~ celled eo order Gy Chairmnn HecbFt at L0:00 a.m ., Jul.y 8, 1985, in the Councf 1 ChAmber, a quorum being pr~sent, and the Commie~fon reviewed plans of the itoma on todoy'n agenda. R~:CESS: t1:30 a.m. R~CONVENE L; 1: 30 p.m. PRESBNT Chairman: Hecbst Commissionera: Boua~, Bushore, Kry, King, La C~aire, Mc E3urney AFiSF.NT: Commiseioner ; None ALSU PRES~NT Annika Santalahl:i hlalcolm S laughter Jay Titus Paul Singer Pat Whitaket Kend[a Morries Edith Har rib Assiatr-nk Uirector for Zoning Aeputy City ~~ korney Office Engineer r.ity Traffic Engineer Neighburhood Resto~ation Speciallat Aasistant Plar~ner Planning Commi saion Secretaty APPRUVAL UC• MINUTE5; Commissioner King offeced a motion, seconded by Commissioner Bouas and MO:ION CkItRIED (Commissioners Fry and La Claice abstaining), that the minutes of the meeting ot ,1une 24, 1:fII5, be approved as submitted. ITEM t+O, 1. EIR NEGATIVE DECLARATION, WAIVER UF CODE REQU2REMENT AND CONDITIONAL U5E PERMIT N0. 2689 PUBLIC HEARING. OWNERS: GRAY S. AND PAULA S. KILMER, c/o C-21 L.~urel, 607 S. Hacbor Boulevard, Anaheim, CA 92805. AGENT: MARY VERDONCK, c/o C-21 Laurel, 6U7 S. Harbor Btvd., Anaheim, CA 92805. Property described as a rectangularly-shaped parcel of land cansisting of apptoximately 0.43 acre located at the southeast co[ner of Cypress Street and Olive Street, ~2U and 224 N. Olive Street. To permit a 24-unit senior c itizens apartment complex with waive[s of (a; maximum fence height, (b) petmitted encroachments into required yards, (c) mini.mum building si~e area and (d) minimum struckural setback. Continued frnm the meetings of May 13, June 10, June 24, 1985. ACTtOl~: Commissioner King oflered a motion, seconded by Commissinner Souas and MOTION CARRIED that subject petition be wtthc3rawz~ at the request ~f the petitioner, 85-359 7/8/85 i` 8r5".360 MINUTES. ANAHEI M CITY ~LANNING CUMMi~9lON~ JULY 8_, 198V,5 _ ITEM NQ._2. E I R NEGATIVE DECLARATION AN~ CONDITIONAL USE PBRMIT N0. 2697 PUF3LIC NEARING. OWNERS: APF CENTER, ATTN: JACK HORQWITZ, P. 0. Box 27163r Loe~ Anyeles, C A 90027. Proparty desccibed as an irregulerly-ohaped pArcel oE land consistin g oE appcoxim~tely 4.1 AcceR located at the aouthweat corner of Ocanyethoc~re Av enue and Placentia Avenue, and further describ~ed ao lF3l North Placentia Aven u et Units A, B, G, G. ~r P~ R~ S~ and T. To retain sev e n automobile repair and automotive related businesaes. Cont.inued f.rom the meetinga of June 10, and 24, 19~5. pCTION; Comtr~i ssioner King uCfer.ed a moti.on- seconded by Commin~ioner McBurney and MOTIQN CARRIED that con~idecation oE the aforementioned matter be continued ta t he reguiarly-•scheduled meeting of July 22, 1985, at the request of the petitioner in ordec tu submit additional inf.ormation as cequeated by Planning staf f . ITEM N0. 3. EIk N~CATIVE DECLARATION RECLASSIFICATION N0. d4-85-37 AND VARIANCE Nu. 3486 , PUbL:C HEARING. UWNERS: RAC.PH W. AtJU VIRGINIA G, MAAS, c/o WILLIAM R. Fcoeberg, 355 3 Camino Miru Costa, Su~te F, san Clemente, CA 92672. ACENT: RICK l.ES1~IE, 4246 Greenbush Avenue, Sherman Oaka, CA 91423. Pco~ecty described as a rectangularly-~haped parcel oE land coneisting of. approximately 11,360 square feet located at the southwest corner of Vermont Avenue and Harbor Boulev ard, 901. South Harbor Boulevard. Waiver oF mi nimum s~ructural setback to conskruct a commereial shopping centec. Continu^d fr om the meeting of ,Iune 24, 19~5. ACTIUN: Commissionec McE3urney of[Pred a motion, seeonded by Commissioner King and MOTION C ARRIEll that consideration oL- the afaremen~.ioned matter be continued to the cegularly-scheduled meeting o£ July 22, 1985, at the request of the petitioner. ITEM NU. 4. EIR NEGATIVE DECLARATION AND VARIANCE N0. 3492 PUBLIC H~AR I NG. OWNE~RS: ROY M. K~YANO, 1474-1/2 Allison Avenue, Los Angeles, CA 9UU26. AGENT: ALCOM INC., 800 S. Srookhurst Street, Anaheim, CA 92804, ATTN: MARG E KATO. Property described as a rectangularly-shaped parcel of land consis t in9 of approximately 0.43 ac~re, 3423 West Orange Avenue. WAiver of ma ximum buil~ing height to construct a 2-~tory 10-unz*. apactment complex. Continued f r om rhe meeting of June 24, 1985. There was n o one indicating their presence in opposition to aubject request and althou g h thP staff repprt was not read, it is ref erred to and made a part of the minutes. 7/8/85 MINUTES, ANAN~IM CITY PLANNING CUMMISSIONy JULY d, 1985 85-]61 Art salee, Alc~m Architects, stated there was an egreement with the property ownec to the eaat ta lower the s~~~ewalk gr.:+de And ~leo the pr.operty will be cleared oE existing problems by the e~d of Che week. TNE PUBLIC HEARING WAS CLOS~ti. Responding to CommisAionec Kiny, Mr. Sales explAined the agreement between the properL•y owners wAa that the yrade level uf the oidewalks would be iowered ao tt~ere would not be a problem with the walls on the east sid~ of the ptoperty. AC7'IUN: Commis~i~ner Buahore offered ~ motion, seconded by Commisaioner McBurney and MoTION CARR't,D that the Anaheim City Planning Commisaion has reviewed the pr~posal to construct a 2-atory, 10-unit apartment complex with waivec of maximum building height on a rectangularly-ahaped parcel oE tand consisting of approximal•ely 0.43 acre, heving a Erontage of approximately 66 feet on Che north aide ot Ocange Avenue and further 9eacribed aa 3423 W. Urangp Avenue= and does herek,y a~prove the Negativ~ Declaration u~:un finding that it haa considere~ the I~egative Declaration toqether with any camments received during the public ceview procesa and fucther finding on the bA~is of the Initial Study and any comments received that there is no substantiAl evidence that the projeck will have a significant eFfect on the environment. Commiaeioner Bushoce otfered Fteso?ution No. PC85-107 and moved f~r its passage and adoption that the Anaheim City Planning Commission does hereby grant Variance No. 3492 on the basis that there are special circumstances ~pplicable to the ~roperty such as size, shape, (lony and narrow) topography, location and surcoundings a~hich do not apply ~o other idenkic:.lly zoned property in the same vicinity; and that strict application of the Zoning Code deprives the property oP privileges enjoyed hy othec propertie5 in the identl~cal zone and classification in khe vicinitv and subject to Znterdepartrnental Committee cecommendations including an ,~dditlonal condition requicing that the grade will not be raised above the existing grade level. On roll call, the faregoing resolution was pa~sed by the following vote AY~S: BOUAS, BUSHORE, E'RY, HERBST, KING, LA CL?~IRE, MC BUP.NEY NUES: NUN~ ABSENT: NONE Malcolm Slaughter, Deputy City Attorney, pcesented the written right to appeal the Planniny Commission's der_ision within 22 days to the City Council. ITEM N0. 5. EIR NEGATIVE DECLARATIUN. RECLASSIEICATION N0. 84-85-41__AND VARIANCE NC~. 3496 PUBLIC HEAR7NG. UWNERS: BARL NELLESBN, 1533 W. Lincoln Avenue, Anaheim, CA 92801. Propetty described as a rectangularly-shaped parcel of land consi.sting of approximately 0.72 ecre, having approximate fronkages of 134 feet on the south szde of Willow Street and 134 feet o~ the r.o^.-th side of Santa Ana 5treet, approximately 350 feet east uf the cer.t~.i.).~ne of Bond Street. RS-A-43,U00 t~ RS-7U00 or a less intense aone. 'ti~r~i.vers of minimum lot area and minimum lot width ancl frontage to estab;ir~h ~?, 3-lot RS-7200 single-family subciiviaion. 7/8/85 MINUTES ~,ANAHEIM CITY PLANNING 40MMISSION, JULY 8_,_1985 85'362 'rhere was one pecnon indicati.ng her presence in oppoeiti.on to aubject request end although the ~taff r.eE~ort waa not read, it is refecred to and made a part of the minute8. Earl Nellesen, owner~ explained the two addiCional unita will be on Willow stroet. Mrs. Pelcak, 16U6 E. Santa Ana Skreet, stated the notice indicates that this action will ~fEect their prope[ty and asked iL this a~~uld c~use their ~roperties to have s~nall~r lots in the Euture. She stated she knowa a lot of people can not come to A day meet~ng. CF~airman Hecbst stated the lots affected will be on Willow Stc~et And ihe lot facing Santa Ana S~reet rert~nina the sartie. Mrs. Pelcak slated they would not oppose thc request as long as it does not aEfect their pr.operty in the future because the area ia overccowded enough aA it is. THE PUBLIC HF.ARING WAS CLUSLD. ACTIUN: Conunissioner King offered a motion, secondFd by Ccmmissioner Fry and MOTIUN CAFRIED that 4he Anaheim City Planning Commiasion has reviewed the proposal to reclassify subject pro~erty from the RS-A-43,000 (Residential, Singls-Family) Zone to the RS-7200 (Residential, Sinyle-Family) or a less intense zone to establish a 3-lot RS-7209 (Si.ngle-E~mily) subdivision with waivers of minimum lot area and minimum lot width and frontage on a rectangularly-shaped pacc:el of land conaisting of approximately 0.72 acre, having approxim~te frontages of 134 f~et on the aouth sid~~ of Willow Street and 134 feet c~n the north side of Santa Ana Stceet; and does hereby approve the Negative Declaration upon findfn~ that it haa consiclered the Negative Ueclar~tion tuqether with any comments received during the public review process an~ further finding on the basis of khe initial Study and any comments received that thece ~s no xubstantial evid~nce khat the pcoject will have a signiEican~ effect on the environment. Commissioner King offered Resolution No. PC85-168 and moved for itE passage and adoption that the Anaheim City Planniny Commission does hereby grant Reclassification No. 84-85-41 subject to Interdepartmental Cammittee recommendations. Un roll ca11, the foreg4in9 reaolution was passed by thE following vote: AyES; BUUAS, BUSHORE, FRY~ HERBST~ KING, LA CLAtRE, MC BURNEY NOf:S: NUNE ABSENT: NONE Commissio~er Kino of~ered Resolution No. PC85-169 and moved for i.ts passage and adoption that the Anaheim City Planning Commission does hereby grant Variance No. 3496 on the basis that ttiere are special circumstances epplicable to the property such as size, shape, tapography, location and surroundings h~,~ich do not apply to other identicaily zoned property in the same vicinity; r,nd that strict application of the Zoning C4de deprives the property af 7/8/85 ; MINUT~S, ANAt~EIM CITY PL~NNING COMMISSTON,~ JUI.Y 8, 1985 A5-363 privilegea enjoyed by othec properties in the identical zone and classiEication in the vi.cinity ~and subject to IntecdepArtmental Committee recommendations. On roll ctrll, the foregoing reaolur.ion was paAaed by the follawing vote: AYES; EiUUAS~ BUSHURE~ FRY, H~RHST, KING~ LA CLAIRE~ MC 6URNEX NUES: NUNE ABSeNT: NUNE ~lalcolm Slaughter, De~uty City Attocney, preoented the written right to apptAl the Planniny Co~~-mission's deciaion within 22 days to the City Cauncil. ITEM N0. 6. EIk NEGATIV~ DECGARATION, RECLASSIFICATION N0. 84-85-40, VARIANCF. NU. 3495 AND WAIVER UF COUNCIL POLICY NU. 543 PUBLIC:tiEARING. UWNERS: ROGER R. UITTMANN, 1270 E. La Palrt~a Avenue, Anaheim, CA ~2d05. AGENT: YOL~ASH DEVELUPMENT, 4341 E. Chapmar, Avenue, t214, Orange, CA 92669, ATTN: MOEiAMMAll REZAZADEH. PrQperty describcd as an icregulacly-shnped ~.~arcel ot land conaiat•fng of appcoximately 0.32 acce, 1262 East La Palma Avenue. RM-120U to RM-3UU0 or a lesa intense zone. Waivers of ninimum number of parking spaces, minimum lot area per dwelling unit, mAxi.mum site coverage, minimum front setback and minimum recreational-leisure area to construct a 7-uniG aftordable condominium complex. There was no one indicating their presence ln opposition to subject request a~d although the staff report was not read, it is referred to and made a part of the minutes. Mr. Mdssoud, 1524 Victoria Way, Placentia, stated they are proposing seven condominiums at 1262 ~. La Palma Avenue which is adjacent to an 8-unit condominium project tliey are cucrently constructing at 1260 E. La Palma. He added he has contacted most of the neighbors. He explained he has never pro~osed apactments, but a permit was taken out for an apartment because nf paper work which was not ready for the subdivision, but khey were ready to build. He stated they did meet with the Zoning and Building staff so ttiat everyone understood that the pr~ject is condominiums and the ~ees were paid for condominiums, but there is some paper wock not finished and he expects the tract map to b~ filed in about two weeks. Leo lt. Coda, 712 Poplac Place, Anaheim, stated he is objecting to all the vaciances requested and is upset with what is happening along La Palma Avenue with all the vaciances areating smaller units; and that he felt it would escalate as the developments occur t•o the east. He stated he thought the Planning Commission should put a ato~ to it and make sure the developments agree with the zoning. Mr. Massoud stated he did n~t understand where Mr. Coda lives because he d~~l talk to most of the surrounding property owners. He stated this property has t>een zoned RM-1200 for apactments and the,y are prapoeing to increase the zoning from RM-120d to RM-30U0 with less units. He statad the easement should 7/8/85 MINUTES ANAtiEIM CITY RLANNING CAMMISSION JULY 6 1985 SS-364 be taken into consideration raL•her L•han A driveway und they are only ~equQating a variance foc one parking apace and tnat 3 unita will be afEordable, Rudolph Alanchard, 1515 Centucy Drive, joint ownec of the property at 1280 East La Palma Avenue, stated in the past 25 yeara he has seen the houainy being reduced and with this nEw develapment, the tone has been set for better housing for young families and he would ask the Planning Commission to approv~ this request. THE PUFiLIC H~'ARING WAS CLUSEU. Responding to c;ommisaione~ La ClAir.e, Mr. Ma~soud stated the affordable unfts wi~l sell for $97,OOU. Commissioner La Claice ~sked what they will do if they can not sell these units. She stated the pri.ces of the otlier units will be hiyher indicating concern that the uniCs will be cented as apartments if they can not be ~old and stated theca are a lot of existing vacant units which can't be sold at the present time. Mr. Massoud stated if they can not sell the units, they would have to r~duc~ the ~:rices. Ne stated these unlra will be priced l~wer and i.nterest catc~s are down and he thought the units would be sold. ReapoT~ding ro c~mmissioner eushore, Paul Sinyer, 'Praffic Engine~c, explained the tcash trucks would not have to enter the property becau~e they could load and unload in the front, but lt~e fire trucks woul~ require access if the propecty is deeper than 150 fept and no fire kruck turn-around is provided since ~arking is shown on the hammer--head. Mr. Ma~soud explained this project will be ~eparatF from the one they are curcently constructiny to the wes~t and thece would be two different owners with one associAtion. He stated he has developed 6.3ifferent condominium projects and rhis is the first afforda~ile project. C4mmiasioner 8ushore stated he does not think r.his area would be conducive to selling condominiums because of lhe apartments next doot and the ptice, etc. He stated allowing more and more variances is not good plannir~ and he thought this i~ just overbuilding the property. Mr. Massoud stated he i:. a civil pngineer and hxs done more than Z00 projects and will be the developc~r/builder of this 7-unit project. He st~ted they have satisfied the Fire Departtnent's requirement. Chairman Herbst stated he did n~t think the Planning Commission has the authority l•o grant over 25~ density bonuses; however, the City Council does have that prerogative ar.d that the previous project for 8 units was deni.ed by the Planning Commissi.on and subsequently approved by the City ~ouncil. He added he thought this project is ovecbuilding the property with moce and more requests for variances. Commissionec Pry stated 5 variancea requested is a good indication that the project is too much for the property. 7/8!85 MINUTBS, ANAHEiM CITY PI,ANNING_COMMISSIUN. JULY 8, 1905 85-365 Mr. CodA stated th~ petitiun~r indir_ated he had tAlked to the neighbore and he knowa of one neighb~c he did talk to, buC he did ~~ot diacuas ~hQ project with him and unuther neighbor and they are the closeat neighUora. Ne atated trucks can nnt be parked in the gar~ge and people wiCh pick-up trucks will park next to the common drivewAy ana fire trucka could not ~et in. Conunissionec La Clafre atated ~he thought Clieae units would end up being cented as apartments becauae they could not be sold and it would be a less dense project tl~an apartments. She staCed :~he seev ~roblems with the project, pacticularly as a condominium projeck, and a-ine has to be dr~wn somewhere because the Cnmmiesion has a duty to -nake sure the units are a quality development ao that the ownere would have tiie npportunity to resale them. Chaicman Iferbs~ asked 1E the petit.ianer would like lo redesign the project and Mr. Massoud stated he would like a vote on the pro~ect as presenCed. ACTIUN: Commisaioner La Claire of.fered a motion, ser.onded by Commissioner McBucney and MQTION CARR2~U that the Anaheim City Planning Commission has ceviewed the proposal tu reclassify subject property frnm the RM-12U0 (Residential, Multiple-Family) Zone Co the RM-3000 (Reaidential, Multiple-Family) or a less intense zone to constcuct a 7-unit affordable condominium prajeck wikh waxvers of minimum number of ~arking spacea, minimum lut area per dwclling unit, maximum site coverage, minimum front yard setback, and minimum recreational-leisure area on a ~ectai~yularly-shaped parcel of land con~isting of ap~roximately 0.32 acre, tiaving a frontage of approximately GO feet on the Eouth side of La palrna Avenue and fucther described as 1252 ~ast La Pa1ma Avenue; and does hereby approve the Neyative DeclarAtion upon Eindiny that it has considered tt~e Nec3ative Ucclaration together with any commenks received duriny the public review proce~~ and further Einding on the basis of thp Initial Study and any comments r~ceived that there i~ no substantial evidence that the p[oject will have a~ignificant eft~ct on the environment. Commissionec La Claire o£fered Resolution No. PC85-170 and moved for its passage and adoption that the Anaheim City Planning Commission does hereby grant Rec~assification No. 84-85-40 subject to Interdepartmental Committee recommendations. On roll call, the foregoing resoluriun was passed by the following vote: AYES: BOUAS~ BUSHGRE~ FRY, HERBST, KING, LA CLAIRE, MC BURNEY NUES: NONE AES~NT: NONE Commissioner La Claire offered Re~olution No. PC&5-171 and moved for its passage and ad~ptian thak the Ar~aheim City Planning Cnmmission does hereby deny Variance No. 3495 on the babis that th~re are no special circumstances applicable to the propecty such as size, shape, topogtaphy, location and surroun~ings which do not apply to othsr identically zoned property in the same vicinity; and that sktict application of th~ 2oning Code does not deptive the prope~ty of pcivileges enjoyed by other properties in the identical zonP and classification in the vicinity. 7/8/85 i MINUTES, ANANEIM CITY PLANNING COMMISSION. JULY 8. 1985 85-~36G Un roll call, the Eoregoiny reaolution was pa~aed by the following vote: AY~S: BUUHS~ tiUSliOR~~ FRY~ HFRBST, KING~ I~A CLAIkt,, Mc: BURNEY NU~S: NONE; ABSBNT: NUNE Commissioner La Claire ofEered a mokion, seconded by Commi,esioner Br~uAg and MOTIUN CARRIED that the Anaheim C:ity Planning Commiosion does herebv recommend to the City Council that the cequcst for waiver oE Council Policy No. 543 be denied on the basis that the variance was denied on the basis that the Commission fel~ the project would be over.building the pc~perty. Malcolm Slaughter, Deputy City Attorney, preaented the written right to appeal the Planning Commission's decision within 22 days to the City Cauncil. ITEM N0. 7. ~NVIRONMENTAL IMPACI' REPORT t~0. 235 (PRF.V. CBRTIF~ED), VARIANCE N0. 3494 AND REQUST FUR APPRUVAL OF R~VISED ~PECIFIC PI,ANS (R~V. NO. 1) PUBLIC HEARING. OWNERS: ANAHEIM tIILLS D~VEI~OPMENT CORP., 6507 Se[rano Avenue, 'fs', Anaheim, CA 92d07. AGENT: CAMINO GRANDE VILLAS, INC., 70 S. Lake, Suite 750, Pasadena, CA 911U1, ATTN; JONN JAMESON. PGOperty is described as an ircegularly-shape~ paccel of land conaisting of approximately 35.4 acres, Tentative 'rract Na. 10967 (R~vi~ion No. 2) (Area 19 - Analiei,m Hills). Waiver oE mxnimum side yard setbacl; to construct a 49-lot, 49-unit attached condominium subdivision. There was no one in~icating theic presence in opposition to subject request and although khe staff report was not r.ead, it is referred to and made a part of the minutes. Leonard Stiles, 22U96 S. Gcand, Suite A, SanCa Ana, 92705, representing the engf.neering ficm, waa present to answer questions. THE PUBLIC EIEAkING WAS CLOSEU. Responc3ing to Commissioner La Claire, Mc. Stiles stated the sideyard setback is needed because of rhe topography of the property and noted between l•he units there is a 5-foat wide greenbelt area. It waa noted Environmental Impact Report No. 235 was previously certified by the City Councfl on March 4, 1980. ACTION: Commissioner La Claire offered Resolution No. PC85-.172 and moved for its passage and adoption that the Anaheim City Planning Commission does hereby grant Variance No. 3494 on the basis that there ere special circumstances applicAble to the property such as size, shape, topography, location and surroundings which do not apply to other identically zoned property in the same vicinity; and that strict application of the Zoning Code de~rives the property of privileges enjoyed by oth~er properties in the identical zone and classificatfon in the vicfnfty a~.3 subject to Interdepartmental Committee recommendatians. 7/8/85 MINU'rES. ANAH~IM CITY P'LANNING COMMISSIQN. JULX 8, 1985 85-367 On coll call, the foregoing resolution was pasaed by the following vote: AXES: HUUAS, BUSHORF., ~RY, FIERBST, KINC, LA CLAIRE, MC BURNF.Y NOES: NON~ AHSENT: NONE Commissionet La Claice o[fered a mation, seconded by Commissioner Bouas and MOTIUN CARRIEU that the Anaheim City Planning commission does her~by a;~prove cevised specific pl~n~ (Revision No. 1) for Tenkative Tract Map No. 109G7 (Revision No. 2). Malcolm slaughter, Deputy City Attorney, pre~ented the writCen right to appeal ~he Planniny Commission'~ ~ecision within 22 days l•o the City Council. ITBM N0. 0. EIR NEGATIVE UECLAR~ITTON ~ND VARIANCF N0. 3497 PUDLIC N~ARING. UWN~RS: RUQERZ' A. FERRANZ~E, 2171 Campus Orive, Irvine, ~A 92715. ~GENT: MICHAEL K. FRA2IER, 4712 Tucana, Yorba Linda, CA 92686. Property described as an irreyularly-shaped paccel of land con~isting of approximately S acres located at the northwest corner of Santa Ana Canyon Road and ImpErial Nighway, 5565 t~ 559~ East Santa Ana Canyon Road. Waivers of minimum number of parki.ng spac.es and minimum landecaped setback to expand an existi.ng commercial center. There was no one indicatinq their pre~ence in oppo~ition to su~ject request and althouyh the ataff repart was not cead, it is referred to and made a part ~f khe minutes. Michael Frazier, architect, explained Phaae 1 wa~ approved a couple ~f months ayo for this pzoject whicti was an addition to the existing commercial bu±lding adding a second story; that the,y are requestiny permissian in this phase to construct a facility between the existing structure and the restaurant for a 2-story office structure complementary and in conj~nction with the redesign of the site. He fitated thece are a couple of waivers khat seem to be necessary and one is minimum number of parking 3paces. He explained a patking study was done by Weston Pringle and was submitted and has beer~ re~iewed and the staff report indicates it •as an adeyuate study and Mr. Singer ha~ Keviewed it. He added the ttaffic c-port indicates the total site has more than adequate parkiny spaces in ~actual practice and because of that, they feel iF. is within the Planning Co~nmission's authority to grant ttie waiver since the actuai ukilizal-ion cF the parking spaces is below wF-a: Code would indic~te is necessary and also tlie mix of uses will cumple~nent each other with over-lapped parking. Mr. Frozier stated when they started working on Phase 2, they made r~n applicatioii for the use of old Santa Ana Canyon Road which is immediat~ly adjacent to the noctherly praperty line. He explained that 500-£oot skrip of Santa Ana Canyan Road was left over becAUSe the serviceability of the street is only to the ahopping centec and that it acts as a dciveway. He stated the cecommendation from staff was that the parking in that atea ahould be handled with an encroachment permit procedure; and then they were notiEied that was not the proper way to handle it and some other agreement needed to be made in 7/8/85 '~MISSION JULY 8 1985 85-368 MINUTES ANAHEIM CITY PLANNING C~. arder to use that roa~way and he undorstanda b new agreement ia being drefted b;/ the City Attorney's Office. Ne atated they would like thc ability to park on thaC at[eet= however, it is not aGso.lutely necessary, but would fa<:Hei~ate site distributian and better ut.ilizakion of the site parking ~pAC@6. stated this would inco[porate a new 10-foot landscaped sttip between the reaidencea to the north and the pArking on the roadway, as it now exises, and the ownec plane to put in large trees for viaual screening. Chairman~bleband~sugges~ledt1~ltgthetmntkers~need torbesresolve1d before the question Planning Cortimission votea on Che request. 'rHC PUBI~IC HEARIP~G WAS CLOSED. Chairman fierbst stated he lives in that area and knows what is happening with the new post office going in which will chAnge the area with the amAUnt of increased traffic and Will havF quite an effect an that entirE area. Commissioner La Claire stated she Erequents this shopping center t~•~ or thcee times a week and is very familiax with the Access problems and th~r.e are some definite bottlenecks. She stated she has a lot of doubts abuut the acceast and that the public street secves a function to get to Aven'tda MaCqatita to the traffic signal. 5tie stated she remembers when this project fitst came in and the fight the Commission had to qet Che lanc~scaping and now there ace parking spaces where the landscaping used to be and she has considered calling the owner. about that recently. She stated the homeowners on the weat side of Don ~Jose's came in to complain about the traffic, noise and light~ and tt~e developer p~omised to landscape that are~ very well, but evecything is dying and tl~e owner has not fulfilled his obligation and askec3 how the Commission could have faith that he would do anythiny in the future. Mr. F'razier stated the propert~y t~as just recently changed hands in the past six months and the new owners are very intent to upgrade the landscaping and khe entire facility. He stated the p~arking •spaces near the intersection of Santa l+na ~aia°ntooincreasehthe landscap ngaandtto enhancedtheeentiregfconte added they p Commissioner La Claice stated she did nat want to crettte a parking problem and felt they should get the agreements wotked out be~Wn~=IIpownvhalf~ofhthe street project. She added she undeCStands the property and they wi11 have to work that out with those property owners. She stated with the Pasno~tthinkcamparking~waivereshouldhbeegcantedeatnthis$time~affic and she di Chaicman Herbst stated a third phase is envisioned with another 6,00f:-•square feet of office space. Mr. Frazier stated based on the traffic study rrhich indicated tt~e parking 'was more than adequate, they decided L•o qo ahe~~ with the third phase. Chaicman tierbst sttlted the Commission wou?d disagree with that tcaf!'.c Atudy and it is possible the ttaffic coRSUltant did not know this would be a major post office brinying in a lot of additional traffic. 7/8/85 _ ,.1 MINUTES. ANI~IIEIM CITY PLANNING CUMMI5SION, JUL1 8, 1985 85-369 Commissionec I.a Claice asked to see the mailing list of the property ownecs ~otitied. commieaioner Bushore atated he thoughk this is ~ unique way to solve the ~~cvblem, but he would not approve it based on contingPncies that tnay happ~n in the future. He staked each project sliould stand ~n iL•a o~n and streEt parking has nevec been counted on any other project. He otated the peki~ioner et~ould work tt~e agceement~ out with the property owners, or they cuuld purchase th~ propecty. Commissioner La Claire atated ahe did not think the property ownecs were notified that this proposal would affect their propertyJ and that she doea not appreciate what the develo~er is trying to do and thought all the plans chould be presented at one time. She ntated st~e did not think r.he property ownera were propPrly informe~. Malcolm Slaugtiter, Deputy City Attorney, stated the agreem~nt, as contemplated by the City Attarney's Uffice when they objected to the encroachment process which they felt was not the praper ~~ehicle to accomplish what is needed, is an agreement whereby the City would agree ~o allow hocixontal parking spaces to be changed into 90 degree parkiny rpaceg at the developer's expen~e and wikh the devel~per. paying for the modification of the Atreet to permit gublic packing on a public street and these wi11 not be private parking spaces. He stated nocma.lly p~opecty owners are not notified when parking spaces on a public street are modified. Commx~sioner La Clair.e stated this is not satisf~ctory to l~er because the plans show a cul-de-sac and that would definitely affect the people in the area. Malcolm Slaughter stated he thought the line on the map is the property line ar~d where the present City street exists. Commissioner La Claice stated peoE~!e in the area have not been notified as to the effect this will have on them and they should be and she wauld not vote on this u~til those people know what is going on in their neighbochood. Chairman Nerbst stated since the street ia a driveway to ttie shopping center, maybe it should be abandoned. Malcolm Slaughter stated the City Attorney's Office suggested abandonment might be appropriate, but the developer did not wish to pursue that avenue. Chairman Herbst stated even though they have an agreement ~ith the property ~wner to allow public parking on the street, it can nat be included in the parking count for this development. Malcolm Slaughter stated the staff report indicates that the 87 spaces which are to be provided ur~der this p~an axe not counted toward the required parking. Chairman Hecbst stat•~ by realigning th~ parking, the applicant will assume they have the ciyht to uae all those spaces. Malcolm Siaughter stated any menber of the public coming to the area can park in those spaces and the owner of the c~nter can not te11 them to move. Chairman Herbst stated those can not be considered as parking for the expansion. Malcolm Slaugi;ter stated he prepared a memorandum suggesting a condition that the developer record a covenant in favor of the City which would pcovide that tt~ey have to provide H7 parking spaces and one method would 7/8/85 MINUTE5. ANAHBIM CITY PL~NNING CUMMISSION~ JU~Y 8. ~965 __ _ 85-370 be public parkiny spac~a alang ~ld Santa Ana ~anyon l~oad and tht City may terminatK that agceement at any timc! it aeos fit. Chalrman Nerbat staLed the easieut thing uould be the aba~donment of the atreet and Cummi~~ioner ~~ Claice ~tAted thc• c:ity should not be obligated to take cace oE the s~reet foc the Ur~:~~it of the ahopping center ana it `C is not ne~ded f:or a~ublic street, the developer sh~uld purch•~se it and impcove iC and maintain it. Mac 5laughter st.ated thece ma,y be pe~ple who do not want tA aelt theic property. Mr. krazier ~tatpd the owner did counael with Real Proper~y lliviaion of thQ Ctty and they advioed them to epply E~r An encroachment permit and they wece advised tt~ere was a 30-day cancFllation cause un t}~t+t enccoachmei~t per:ni~. Cti+iirman H~rbet pointed out the TraE:ic Engineer did not a~prove the traffic study. Mr. Frazier requested a 4-week conlinuance. ACTIqN: Commi~sioner McBurney oEfered a motion, secnnd~d by Commissionec King And MClTION CARRIE~ tt~at consideration of the aforementi.oned matter be continued to the reyulacly-achec3uled tneeting ot Auyust 5, 1985, at the requeo~ of the petitionec. RECESS~U: 2:45 p.m. RECUNVENED: 2:.5 p.m. I2Etd NO. 9. E:IR NEGATIVE DF.CLAR_ATIUN, W1+iVEIt UF CODE F.EQUIR~:MENT AND CONDIZ'SONAL USE P~RMIT NU. 2696 PUBLIC HEARING. OWNERS: THRIETY OIL Cb., 1U00U ',akewood Blvd., Downey, CA 9U240, ATTN: A. W. JC~HNSCIN, JR. Propecty de~cribed as a rectangularly-~haped parcel of land conaisting of appruximately 0.7 acre locatecl at the northeant corner of La Palma Avenue and Kraemer BoulPVard, 3101 Eaat T~~ Palsaa Avenue (Thrifty Uil). Z'o permit a convenience r~acket with gasoline salea and off-sale beec and wine with waiver of minimum landscape•: setback. Thece were thsee persons indicating theic preaence in oppoaition to subjFCt request and although the staff report was not read, it is refecred to and made a part of the mfnutes. Commissioner Mc6urney declaced a conflict of interest as defined by Anaheim City Planning Cummias9.on Reaolution No. PC76-157 adoptinq a conflict of Inteceat Code for the Planninq Commission and Government Code Section 3625, et seq., in tha.t hfa employec ha.. a industrial interest in nearby property and pursuant to the provisiona of the above Codes, declared to the Chairman that he wa3 wittidrawing :rom the hearing in conneckion with Conuitional Use Permit No. 2696, and would not take part in either thE discussion ~r the voting *.he:eon and had not discuFSed this mt~tt~r with any me~:ber of the Planning Commission. Thereupon Co~nmissionec McBurney lefG the Council Chamber. 7/8/85 85-371 MINUTES AN~HEIM GITY PLANNING CUMMI:;SION JULY 6 1985 A1 Johnsan, Constructiun Coordin a L•or foc Thrifty Uit, etated they ar~ pcoposing a mini-market to secve the immediAte induatrial are~ and thc peopte working in the areA. Ne added t h ey would have grocery item~~ enack items, beveragea and alcoholic bevecage s in the form oE beer and wine. Richacd Renna, representing Cerl Karcher Enterprises, 1200 N. Hatboc B1vd., Anaheim~ was present. ia opposed to Commisaionec Buehore intecrupted and atated kt~at if CArl'8 Jr. thi;~ project, he would abat~in b~cauoe he iu prejudiced against the sale of beec and win~ in ~asoline statio ng anyway and even though it is not a legul cor~Elict, hc would not take pact in this discussion. Mr. Renna atated they recent:; r eyuested A conditional use parmit for expansion of. their exieting CArl'R Jr. r~ntaur~~~ concerns atcti st timeswecee street at 311U ~:. L~ Palma and t wo oF the bigy loiteciny by young p~oF~le on week-ends and ti~e ~~notint oE titter g~neraked~ much of wtiict~ was alcoholic beverage containera wliicti had ko have come in from other arcAa. He stated the pet i~ion was ultimateiy Approved by the City Council wi.th the condit:ons tha t they pr ~~de security guacdc to monitor the y o u n y ~eo plc on w~ek-ends and a lso that ~~ey police induatribl pcopec~Y complex adjacent to theic prope rty to khe eas c. H e s t a t e d t h e a v a i l a b i t it y of a l c o h o l w ith so many young peo p le in the a~ca is t~ great conce[n and they would cequest the Commission to take that inta aer ioua cans i d e r a t i o n i n k h e i r findinys. Katl Satar, S6S Inves`ment, ~t ated their offices ace ~t 315U os~8~thetrequest directly acroso the strEnt from subject p~operty: tea~Ehbusiness is needed in because they do not tt~ink a minx-macket or this tYP one-yuactec milE thia industrial zone; and that there is ~lenty ~t ahoppiny away in either dicection. t~e stated they have a unique problem on weekends witt~ youny peop.le and on Monda ys they have r.o clean up beer botr.les and trash wt~ich is left there by the you ng people and they wocld be uppo$ed on thAt basis. Mr. Johnson stated there is a n existiny condition in '.hat ~area and as L~r as lilLer is concetned, they hav e alway~ maintained theic pro~erty and would continue to maintein it at th i s~o~ation. He stated they have not had any problems with the Alcoholic Be verage Control t3oard WeOhleewhonfrequent atlat their other Locaticn~; and th at they have security p P their sites and would itequen t this site and they also have a supervisor on the site at a:l times, as wel ~ as the macket managec. THE 1'U$LIC HEARING WAS CLOSED _ Commissioner I•a Claire stated the Planning Commi~bion ha~ not ap .o~.•rd any requesks for a mini-market w i th the sale of be~r and wine in ~onjunction with the sale of gasoline becauae the~ feel the[e is a problem in t.hi.s co~~ntry with alcoholism, espec:ally among the youth, and it is on the increase and they ace tryfng to disco-~cagP the uae ~i alcohol and driving and the Commission does not feel it is reasonable to sell beer and wine~in conjunctiAn with tha sate ~f gasoline. She stated ina;~y ciLies, according t~ ~nt newspapQr articles, are looking at t:~e problem ar:d are now aetablishing or~~nances to pr~hibit the 7/8/85 ~ MINUTES AN1~k1~IM CITY PLANNING (:UMMI5SION JULY 8 1985 85-372 aale of beer and wine oc alcohol aE any kind with qaooline sulea an~a though thQ Nt+tionol Cauncil oE Alcoholiam does not heve any data as yet, tha.e ore some pcivate ~nstit~tiona doiny aome reaearch nnd are fi.nding tt~at thia ia whore a lot of youny people obtain their Alcohol. She stated if the ABC licenee ia loat, it does not mean thc ~n~ of their buainess ao thAy are not as car~ful as a liyuoc atore would be. She stt-ter! thiA is not th~ place to sell beer and wine becnuse it is not conducive to the industriAl area and there are service stations in thia areA mt+kiny good money with Cheir setvice bays. She added aelling beer ~nd wine at these gtations juat makes it too convenient. Chairman NerbbL f)tAh.Cd he did not see what: service a mini.-markel• could give to an induatrial area. t!e stated he would not want to see besr and wir,e sold accosa the atreet. from his induntri~l plant and then have the workere come back to work on machinery. Ac:TIUN: Commibsionec La Claire oEfered a motion seconded by CommiseionPr Fry and MUTIUN CARRIED (Commic~sioners Bu~hoc~ and Mcl3ucney abaent) that Lhe Anaheim City Planniny Commi~sion has reviewe~ the pcopusal to pe~mit a convenience in~~ck~t with gaxoline salea and off-sale be~r and wine with waiver of minimum landscaped setback on a rectangularly-shaped paccel of. lAnd conaistiny oE appcoximar,cly 0.7 acrea located a! the northeast corner of La Palma Avenue and Kraemer Boulevard and further described as 3101 E:ast La Palma Avenue (~hri~ty Uil); and does h~reby appruve the Negative Declacation upan f.inding that it has considered the ~tegative Decla~akion together with any comments received durinq the public review process and furtt~er finding on the basis ~f t:~e Initial Study artd any comments ceceived that there is no sut~stantial evidence that the proj~ct will have a siynificant effect on Ghe enviconment. Commi:eioner La Claice uEFFred a motion seconded by Commissione~ eouas and MUTIOh CAkitIED ~Commissioners Bush~re and McE3urney absent) that the Anaheirt~ City Planni.ng Commissian cioe~ hereby deny the request for waiver of Code require;nent on the basis there are r.o special circumstances applicable to the property such as size, shape, topography, location and surroundings which do not ap~ly t~ othec identically zoned property in the same vicinity; and that strict application of the Eoning Code d~es nc~t depr.ives the property of privileges enjoyed by other prope~ties in the identical 2one p~~d classifiaation ia the vicinity. Commissicner La Claire ofPered Resol.ution No. PC85-173 and moved fo[ its pas~age and adop~ion that the Anaheim City Planning ~.ummission does hereby deny Conditio~al Use Permit No. 2696 pur.suanr, to AnahAim t7unici~al Code Section 18.03.030.030 through 18.U30.030.035 on the b~sis ttiat thN use, as propoaed, coulc~ contcibute ta the problem of dciving and drinkir.g alcoholic beverages and advecsely affect the health, safety, and generai welfar.e of the citizens of the City o: Ant~heim. On roll ca11, the faregoing resolutior. was passed by the fottowing vote: AYES: BUUAS~ FRY, NERBST, KING, LA CLAIRE I~OES: NONE ABSENT: BUSHORE~ MCBURNEY Malcol:n Slaughter, Dzputy City Attorney, prQSented the written right to appeal the Planning Coaunission's decisi•n within 'l2 da~~., to the City Council. 7/S/BS MINUT~Sr ANAHkIt+~ CITY PLANNING COMMISSIQN. JULY 8, a985 ___ 85-373 Commissioner Fr y atatod he thaught the Commiesion ehould consider auggesting thAk the City C ounc~l eliminate the aAle of beec and wine at th~ee aervice stations~. He a tat~d he haa no ~bjection to khe mini-mackets, but is vehemently opposed to Che sale ok beer and wine and the numbec Lhat has been cequeated recen t ly. ACTION: Co;nmissionet Fcy oEfered a motion, seconded by Chafrman Nerbat and MO~ION CARltIGD <Commiaeio~era Bushuce and McButney absent) that the Anaheim City Planning C:ommiasien doea herEby recommend to the City Council that th~y give serious coneideration to adopting an ordinance within the city of Anuheim prohibiting the c~ale oE alcohalic beverages on beer and ~:ne in any mini-market in cunjunction witt~ the sale of gasc,lineJ anu that they also consider requir ing the aAle of Ueer an~l wine in al.l ~xisti~~ aperations with be eliminated w ithin a reasonable time of the adrpti.on of the ordinance. Chairman Herbs t suqgeated the City Attorn~ey's Ufftce detecmine th~ pr.oper amc~rtizakion t i me required to eliminate tY~e sale of beer in these exisking atat•ions. Commissioner8 Sushore and McBurney returned to the Council Charnber. ITEF1 NO. 10. EIR N~GATIVE DECLARATIOy (PREV. APPRUVED) AND CON~ITIONAL 'JSE PERMIT N0. 222 1 (R£ADVERTISED) PUBI~IC HEARING FOR EXTENSIGN OF TIME. OWNERS: JONN TIEFEN7~HAI.ER, 200 W, 8a11 Road, Anaheim, CA 928U5. Prc~erty described as a rectangularly-shaped parcet of land con~is ting of approxim~tely 6,336 squace ~eet, 200 West Ball Road. Request for a two-year (1-month retroactive) extension of time or deletion of Provfaion ~o. 2 ~f Res~lution Nu. PC81-123 pertaining to required extensions of time to re t ain a lawnmower cepair and saw sharpening shop. Thece wae no o ne indicating tiieic presence in opposition to ~ubject request and altt-ough tk~e st~fF repork w~s not read, it is referced to and made a part of the minutes . John Tie=entl,aler, owner, was present to answer any questions. Chairman Herbst stated the ori;:'. ~ [~ermit was approved for a two•-year peri.od and this acti on is to either deler_e or g rint a~other time extenaion. THE PUBLIC HEARIiVG WA~ CLUSED. Ac:TION: Comm issioner King off~ced Resolution No. PC85~174 and moved for its pas~age and a doption that ehe Anaheirt: City Planning CoruniESion does hereby delete Condit ion No. i of RESOlution No. PC81-123 pertair~ing to require~ extensions ~f tim~ ko retain a lawnmower repair and saw sk,arpening shop on the basis that t h~ uae is ising exerci~ed in a manner nut detrimental to the pacticular ar ea and surrounding land uses nor to the public's peace, health, safety and g e neral welfare and that th~ deletion of such time limit is ne~essary to permit reasonable opezation undes khe permit or varianc~s granted. 7/8/65 _.__,...., _.~ MINUTEG, ANAH~IM CI7Y PLANNING COMMISSION, JULY 8, 1985 85-374 On roll cell, the furegoing reaolution w$s pasaed by the following vote: AYE5: BOUAS~ BUSIIOR~. ERY~ HERpST~ KING, LA CLAIRE~ MC BURN6X NUES: NON~ ABSENT: NONE Malcolm Slau9hter, Deputy City At~orney, ex~lained between thL time the ori91na1 pecmit was granted and this request Eor time extenaion, this City has adop~ed an ordinance requiring a fee for advertising these time extensiona for public hearing. ITBM NG. 11. REPORTS AND [tF:CUMMENpATlONS: A. TENTATIVE MAP~ uF TRACT NUS. 10967 and 10968 (REV. N0. 2) - RequesL From GeoryP Mason, Gunston Hall Compnny, Inc., for a one-year extension of time Eor Tentative Maps of Tract Nos. 109G7 and 10969 (Reviaion No. 2), properl:y ia upproximat;ely 46.6 acres, havir~y a frontage o[ approximately 32(1 feet on the south side of Nohl Ranch Road, approximately 2300 feet eas~ of Canyon Rim Fioad. ACZ'IUN: CummissSonec Kiny oftered a motton, seconded by Commissioner McBurney and MOTION CARRIED that the Anaheim City Planning Cammiesion do~s hereby grant a one year. e~ttension of time for Tent:ative Tract Nos. 1U967 and 1096t1 to expire r.yust 22, 1986. B. CUND1'PION~IL US~ PERMIT N0. 2615 - kequest ftom Richacd Igram, E~resident, Trinity Luthecan Church fnr review and appraval of tevised ptans (Rev. No. 1) for Conditional Use Perrnit No. ?.615, pcopecty located at 4101 East Nohl Ranch Road. AL"TIUN: Commissioner Kin~ offered a mc~+_ion, seconded t~y Commisaioner i~lcBurney and MOTION CARRIEU that the An~iheim City Planning Commission does hereby grant approval of cevised plans (Revision No. t, Gxhfbit Nos. 1, 2 and 3 for Cor~ditional Use Permit No. 2615. OTHEH UISCUSSIONS: (A) Commissionec Fry explained to Commissioners Bushore ancl Mceurney that he had offered a motion at the end of Item No. 9 cecommendinq that the City Council seciously consider adopting an ordinance to ptahibit the sale o£ alcoholic beveragQS or beer and wine in any mini-market in conjunction wiLh the sale of gasoline and further considex giving a time period whereby those in existence would be eliminated. CommiIISioners 8ushore and McBurney indicated they would like to vote yes on that mation. Commissioner Bushore suggested that the Planning Commission send a coFy of the newspaper article pert~ining to this issue to the City Cauncil wi~.h this recommendation. 7/8/8S ,:~ MINUTBS. ~NAHEIM CITY PLAMNIN;~ COMMISSION JULY 0 1985 85-375 (B) Commissioner Bushore asked Ch~- the Cude Enforcem~nt Officera check into the ~roperty around 21UU Wesk Ball Road because it appe~rs there are A lot af violations. (C) Kendra Morriea explained the Indu~trial Uevelopment Aa~rd requested a joint work sesaion at the next morning work A888~On on July 22r 1985, in ocder to explain their ,yoals and o~~ectives to the P1Anning Commiasion. CommiBSioner Fxy oEfered a motion, eeconded by CammissionPC Mc~ucney and MOTIUN CARRIED that inasmuch as the City Council has not reappointed the Commissionera, that the pcesent Chairman and Pro Tempore Chairwoman remain in office the same until those reappointments have been made. A~JUURN~D: Commiasioner Fry ofteced a motion, ueconded by Commiasioner McBurney and MOTION CARRIED that the meeting be adjourned. The meetiny was adjourned at 3:20 p.m. Respectfully submitted, .~ ~%~ ,~`~ ~;~~~..~.~ Edith L. t~acris, Seecetery Anaheim Ci~ty Planning Commission ELH:lm 0124m 7/8/8S