Minutes-PC 1986/07/07REGULAR MEETING OE THE ANAHEIM CITY PLANNING COMMISSION
ular meeting of the Anaheim City Planning
REGULAR MEETING The teg Chairwoman La Clair~
Commission was called to order oy
at 10:00 a.m., .ulY 7r 1986, in the Council Chamber, a
qua~um oeing pcesent, and the Commission reviewed
plans of the items on today'c agenda.
RECESS: 11:30 a.m.
RECONVENE~: 1:30 p.m.
PRESENT:
ABSENT:
Chairwoman: La Claire
Commissioners: Bouas, Lawicki; McBUrney~ Messe
Cortunissioner: Fry, Hecbst
ALSO PRESENT: Annika Santalahti
Malcolm Slaughter
Jay Titus
Paul Singer
Leona[d McGhee
Edith L. Hacris
Assistant uirectot for Zoning
Deputy City Attorne~ II
Office Engineec
TrafEic Engineer
Associate Plannec
Planning Commission Seccetary
MINUTES FOR APPROVAL - Commissioner Messe pointed out a correction should be
made on Pages 446 and 455 showing that he was absent. Co~nissionec douas
offered a motion, seconded by Commissioner La Claiee and MOTION CARRIED
(Cominissione[s Fcy and Herust aosent anaCOVesthebminutes9oftthe meetinghoftn
City Planning Commission does heceby app
June 9, 1986, as corrected on Pages 86-448 and 455.
ELECTION OF CHAIRMAN AND CHAIRMAN PRC TEtdPORE
Commissioner Bouas nominated Commissioner McBUCney as Chairman for the 1986/76
year. There wete no fu[ther nominations.
Commissioner Messe offered a motion, seconded b~ Cominissionec iawicki ~:~•~
tA0Ti0N CARRIED (Commissionecs Fry and Hezbst absent) that the nomination be
closed.
Commissione~ Bouas nominated Commissioner Messe as Cnairman P[o TemPore.
Thece we~e no fu~the[ nominations.
Commissionec Lawicki offeced a motion, second.ed 'oy Commissioner Bouas and
[40TIOl~ CAFtRIED (COmmissionecs Fty and Hetbst absent) that the nominations be
closed.
Commissioner Bouas offeted a motion, seconded by Commissioner Lawictii and
MOTION CARRIEL (Commissionets Fry and He[bst absent) that Commissionet
McButney is heceby elected Chairman and CC ~ission~forsthe11986/87eyearairman
Pro Tempoce of the Anaheim City Planr.ing
Chaicman McBUrney assumed the Chait.
86-458 7/7/86
[~INUTES, ANAHEIM CITY PLANNING COMMISSION. JULY 7~ 1986 86-459
ITEM NO. 1 EIR NEGATIVE DECLARATION, KECLASSIFICATION NO. 85-66-32 AND
VARIANCE NO. 3556
PUBLIC HEARING. OWNERS: YUK T. LAU AND SO KUEN LAU, 314 N. aeaca Boulevard,
Anaheim, CA 92801. AGENT: DENNIS MARCHAND, 17362 Gothard Street, Huntington
Beach, CA 92647. Ptoperty described as a rectangulacly-shaped patcel of land
consisting of approximately 0.3 acre, 110-114 South Harding Drive.
RS-7200 to RM-120U or a less intense zone.
Waivezs of maximum stcuctural height, minimum structural setnack and minimum
distance between buildinys to construct a 2-story, 8-unit apartment complex.
Continued from the meetings of May 12 and June 9, 1986.
ACTION: Commissioner Messe offered a motion, seconded by commissioner eouas
and [dOTION ~ARRIED (Commissione[s Fry and Herbst aosent) that considetation of
the aforementioned mattec ee continued to the reyularly-scheduled meetiny of
July 21, 1986, at the rec;uest of the petitioner in order to submit revised
plans.
ITEM N0. 2 EIR N~GATIVE DECLA.RATION, WAiV~R UF COllE RE~UI~EMEL4T ANU
CONDITIONAL USE PERMIT NO. 2802
PUBLIC FIEARING. OWNERS: MUNKYO CHO AND HYON SUN CHO, BOb N. Brookhurst
Street, Ar.aheim, CA 92801. Propecty described as an irre9ulacly-shaped parcel
of land consistin9 0: approximately 1.9 acre, 806 North Brookhurst Street.
To retain an auto towing, impound and repair facilit~ with waivers oE
structural settiack, pe[mitted encroachments and yatd cequicements, minimum
dimensions of packing spaces and minimum number and type of packing spaces.
Continued from the meeting of June 5, 1986.
ACTION: Commissioner Messe offeced a motion, seconded by Commissioner Bouas
and MOTION CARRIED (Commissioners Fry and Herost absent) that censideration of
the aforementioned matter be continued to the cegu~arly-scheduled meeting of
July 21, 1986, at the cequest of the petitioner in order to suomit an adeqwate
patking demand study.
ITEM IdO. 3 EIR NEGATIVE DECLARATION, RECLASSIFICATION NO. 85-86-35 AND
VARIANCE N0. 3565
PUBLIC HEARING. OWNERS: RASUL MOHAGHEGH, ET AL, 12652 Huaton Street, N.
Hollywood, CA 91607. PLOperty described as a rectan9ularly-shaped parcel of
land consisting of approximately 0.22 acre, 314 West Elm Street.
RM-2400 to RM-1200 oc a less intense zone.
Waivers of maximum nuilding heiyht, maximum site coverage and minimum
landscaped 5etback to construct a 6-unit apactment complex.
Continued itom the meetings of May 28 and June 9, 1986.
7/7/86
MINUTES, ANAHEIM CITY PLA.NNING COMMISSIOIJ, JULY 7, 1986 86-460
Leonard McGhee pointed out the applicant has requested a continuance to the
August lBth m?eting, rathet than July 21st as shown.
ACTION: Commissioner 3ouas ofieced a motion, secondea by Commissione[ Messe
and MOTION CARRIED (COmmissionecs Fry and Herbst a~sent) that consideration of
the aforementioned mattet be continued to the meeting of August 18, 1986, at
the tequest of the petitioner.
ITEM N0. 4 EIR NEGATIVE DECLARATION, WAIVER OF CODB RE~UIREMENT AND
CONDZTIONAL USE PERttiIT N0. 28U5
PUBLIC HEARII~G. OWNERS: RICHAItD G. AND BARBARA L. SAYLOR, 809 W. Broadwa~
Street, Anaheim, CA 92805. Property desccibed as a rectangularly-shaped
parcel of land consisting of approximately 0.32 actes, located at the
southwest corner of Broadway ar,d Citton St~eet, and further described as 804
West Broadway.
Waivers of minimum rear yard setback and requiced type of parking spaces to
permit a bed and breakfast inn in the RM-2400 zone.
Continued from the meetings of June 9 and 23, 1986.
ACTION: Commissioner Bouas offered a motion, seconded by Commissioner Lawicki
and MOTION CARRIED (Commissioners Fty and Hecbst absent) that considetation of
the afo[ementioned matter be continued to the meeting of August 4, 1986, at
the request of the petitioner.
ITEM NO. 5 EIR NEGATIVE DECLARATION AND RECLASSIFICATZON N0. 86-67-2
PUBLIC HEARING. OWNERS: G~NE L. FELLING, 2220 S. Loara Street, Anaheim, CA
92602. Propecty described as a rectangularly-shaped parcel of land consisting
of appcoximately 0.77 acre, 2220 South Loara Street.
RM-1200 to RS-7200 or a less intense zone.
Commissionec La Claire declared a conflict of int~rest as defined by+ Anaheim
City Planniny Commission Resolution t~o. PC76-157 adoptin9 a Conflict of
Inte[est Code for the Planning Commission and Government Code Section 3625, et
seq., in that the applicant was a contributor to her campaign fot City Council
and pursuant to the ptovisions of the above Codes, declared to the Chairman
that she was withdrawing fcom the hearing in connection witn Reclassification
No. 86-87-2, and would not take pait in eithec the discussion or the voting
thereon and had not discussed thi~ matter with any member of the Planning
Commission. Thereupon Commissioner La Claire left the Council Chamber.
There were thtee people indicating tP,eir g~esP~i~.:~ in opp~sition to subject
cequest and although the staff ~eport was noc read, it is referred to and made
a part of the minutes.
Gene Felling, ownec, cequested o two-week continuance in order to have a full
Commission pcesent.
7/7/86
_ . . _ _ ... . .. ~
MINUTES ANAHEIM CITY PLANNING COMMISSION JUL'i 7 1986 66-461
ACTION: Commissioner Bouas offered a motion, seconded by Commissionec Lawicki
and MOTION CARRIED (Commissioners Fry, He~bst and La Claite absent) that
consideration of the aforementioned mattec be continued to the
regularly-scheduled meeting of July 21, 1986, at the request of the petitioner.
Commissioner La Claire cetucned to the meeting.
IT.EM NO. 6 EIR NEGATIVE DECLARATIQ!~, WAIVER OF CODE REQUIREMENT AND
CONDITIONAL USE PERMIT N0. 2767
PUBLIC HEARING. OWNERS: ROBERT C. AND LOIS S'POVALL, STOVALL INtd/BEST
WESTERN, i110 E. Katella, Anaheim, CA 92802. AGENT: FRF:1K CALTA, 1160 N.
Tustin Avenue, Anaheim, CA 92807. Propetty described as an ircegula~ly-shaped
parcel of land consistiny of approximately 0.94 acre, 1160 North Tustin Avenue.
To permit a non-fecrous metal cecycling facility witn outdoor storage with
waiver of minimum number of parking spaces.
There Were two persons indicating their presence in opposition to subject
cequest and although the stafE ceport was not read, it is ceferred to and made
a part of the minutes.
Fcank Calta, Vi-Cal Metals, state~ they ace developing a new property in
Orange and would like a six-month conditional use permit for outdoor storage
at the ~ear of this facility. He stated they have no packing pcoblems and
only have seven employees and 17 parking spaces.
Jecry Williams, owner of adjacent pcoperty to the south, 1150 N. Tustin,
Precision Photography, stated they a~e opposed to this type ope[ation in this
atea. He stated Precision Photography is a high-tech industry and they
employee 40 people and support the acea, and they are very concecned about the
fire access and felt iE there was a fi.re, the access would be blocked with the
storage containers. He added they •ate also concetned about toxic waste and
the environment.
Charley Black, General Manayer, Pcecision Photo9raphy, stated ever since the
metals operation has been next door, they have experienced some ptoblems on
occasion of vibrations ftom heavy metals being dropped and that could have an
effect on their opecation because it is a high-tech electronic operation and
the vibrations can damage the product. He added he is also concecned about
the fire access.
Mr. Calta stated thece is no fo~eseeable fire problems, and that there is
access to the reac of the building and the containecs a~e on the perimeter.
He stated theee is no hazardous waste and the Environmental Protection Agency
(EPA) i.nspects their operation. He stated on occasion they have dropped heavy
objects, but t:~at pact of the operation could be moved to the other side of
the p[operty.
Responding to Commissioner 8ouas, Mc. Calta stated they have been at this
location for about one year and explained they have a business licen.se but did
not know that a conditional use pe[cnit was needed. He stated they have no
public trade; and that their trucks go out and pick up the metals and bring
them in and they bale the metal and store it. He explained the containers
outside are usually empty.
7/7/86
MINUTES ANAHEIM CITY PLANNING COMMISSION JULY 7 1986 86-462
Commissioner La Claire stated she is concerned about toxic waste ftom some of
the industries, especially along the Mater supply, and normally Planning
Commission has zequized a list of inetals and materials to be stoted.
Leonard McGhee, Associate Plannec, explained a list was submitted and
included; aluminum, titanium alloys, nickel alloys, cobalt alloys, and
stainless steel, but there is no indication of the toxicity. Mr. Calta stated
the oQeration has been inspected by staff ar.d no pecmits ace needed.
Chairman t4cBUrney referred to the waiver with 46 pa~king spaces required and
17 proposed and asked why the 16 cear spaces were deleted. Mr. Singer, City
Traffic Engineec, stated the rear spaces are used for sto~age and stated a
valid parking study was not pcesented. Chairman McBUrney asked if the 17
spaces would be adequate if this was a cetail use. hir. Singer stated he has
nothing to base sucn an opinion on, so a complete tcaffic study must be
presented with more substantiation than ptovided. Mr. Calta stated access to
those ~ear 17 spaces could be provided and explained that is where the tcucks
are parked. Commissionet Bouas ~tated the Traffic Engineet is requesting a
traffic study to substantiate the cequesc and Mr. Calta responded they would
nead more time to pcepare a tcaffic study.
Mr. Williams fcom the business next doct, stated this morning three of their
vehicles we:e parked in front of thei[ l~uilding on Tustin Avenue and presented
photographs taken today. He explained the storage bins are visible from their
property and on occasion, matetials have penetrated the fence.
Chairman McBurney asked why it is necessary to drop the heavy objects which
causes the vib~ations. Mr. Calta stated materials ace dumped into the big
roll-away containers, and most of the time the little bins ace not full. He
stated he undexstands now they have a problem that nceds to be taken care of
and they could adjust their operations to satisfy the needs of the next door
neighbors and would have done it aleeady, if they had been made awace of the
problems previously.
Chaicman McBUrney stated the neighbors do have an operation which requires a
little bit more sensitivity and they should try to work with them.
Commissionec Bouas stated this is not an ideal location for this kind of
operation and it was clatified they would be moving to their new Ocange
facility in December. Paul Singer stated a continuance should be foc more
than two weeks.
ACTION: Commissioner Bouas offeced a motion, seconded by Com~issioner La
Clai[e and MOTION CARRIED (Commissioners Fry and Hecbst absent) that
consideration of ~he aforementioned matter be continued to the
regularly-scheduled meeting of August 4, 1986, in order for the petitioner to
submit a traf£ic study.
ITEM N0. 7 EIR NEGATIVE UECLARATION AND CONDITIONAL USE PERMIT N0. 2785
PUBLIC HEARING. OWNERS: SEYMOUR ADLER, 16608 Patklane Dtive, Los Angeles, CA
90049. AGENT: LEE C. HUNTER, 1807 N. Raymond Avenue, Anaheim, CA 92801.
Pcopetty described as a rectangularly-shaped parcel of land consisting of
approximately 3.2 acres, 1807 North Raymond AvenUe.
7/"1/86
86-463
MINUTES, ANAHEZM CITY PLANNING COMMISSION, JULY 7, 1986
To petmit a sales office in conjunction with an existing wholesale carpet
business.
ACTION: Commissioner Houas offeced a motion, seconded by Commissioner Lawicki
and MOTION CARRTED (Commissioners Fry and Het~st absent) that consideration of
the aforementioned matter oe continued to the cegularly-scheduled meeting of
August 4, 1986, at the request of the petitionec.
ITEM N0. 8 EIR NEGATIVE DECLAFATION AND CONDITIONAL USE PERMIT NO. 2815
PUBLIC HEARING. OWNERS: LI[dCOLN PLAZA DEVELOPMENT, 2~40 Avenue of the Stars,
Los Angeles, CA 90067, ATTN: CLIFEORD HEMMER~ING. AGENT: t40STAFFA SHA
R~ST-ANI, 299 S. Euclid Street, Anaheim, CA 92804 AND FRED G. FLYNT, 299 S.
Euclid Street, Anaheim, CA 92804. Property desccioed as a
rectangularly-shaped paccel of land consisting of approximately 0.45 acre,
located at the northwest cornet of Broadway and Euclid Stteet, 299 Sou~h
Euclid Stceet.
To pecmit an automotive detailing and sales facility.
The[e was no one indicatiny theit presence in opposition to subject tequest
and although the staff report was not read, it is refecred to and made a part
of the :ninutes.
Sha Rest-Ani and Fred Flynt, agents, were present to answer any questions.
THE PUBLIC HEARING WAS CLOSED.
Commissioner La Claite stated this is a good location fo[ ttiis use and
referred to the portable signs repo~ted by staff. Leonard McGhee stated this
action is the result of Code Enfoccement activities pecause of the display of
portable or 'A' frame signs which are not allowed and any signs must conform
to the Code cequirement. Mr. Flynt stated he had an "A' fcame siynDUttit has
the overhang of the building and was not awa[e it was a violation,
been removed. Commissioner Messe stated the cocner sign appears to be
tempo:acy.
CY~aicman McBUrney stated a condition should be added that all detail wock
should be done inside the facility. Mt. Flynt stated the majot detailing is
done inside, but the wax is removed outside. Leonard McGhee stated the
detailin9 operation was not part of the Code Enforcement activities, but it
was indicated thete was a sufficient number of drains to dispose of any waste
ftom that opetation, satisfactory to the Building and Fice Departments.
Chairman McBurney stated as long as the major detailing is done inside, he did
not feel thece would be a ptoblem.
Paul Singec [efected to Condition No. 1 requicing that the dciveways ee
teconstcucted and stated since no building pezmits are tequi[ed, that
condition should have a time limit and suggested 60 days.
Chairman McBUrney asked if the petitiuner had cead the conditions of approval
and agreed with them. and Mr. Rest-Ani cesponded that he did.
7/7/86
86-464
MINUiES, ANA6EIM CITY PLANNING COMMISSION, JULY 7, 1986
ACTION: Commissionet La Claire uffered a motion, secanded by Commissioner
Messe and MOTION CARRIED (COmmissionecs rry and Herbst absent) that the
Anaheim City Planning Commission has reviewed the ptoposal to permit a used
automotive sales and automobile detailing facility on a rectangulatly-shaped
parcel of land consisting of apptoximately O.aS acres located at the no~thwest
cocnec of Broadway and Euclid Stceet and fur'.her described as 299 South
Euclid; and does hereby appcove the Negative Declaration upon finding that it
has considered the Negative Declaration together with any comments teceived
during the public review p~ocess and fucther finding on the basis of the
Initial Study and any comments received that there is no substantial evidence
that the pcoject will have a si9nificant effect on the environment.
Commissionec La Claire offered Resolution No. PC86-181 and moved for its
passage and adoption that the Anaheim City Planning Commission does heceby
grant Conditional Use Permit No. 2815, pucsuant to Anaheim Municipal Code
Sections 18.03.030.030 thcough 18.03.030.035, and subject to Interdepattmental
Committee recommendations, including modification tu Condition No. 1 requi[ing
compliance within 60 days and an additional condition that all signs shall be
in conformance with the requirements of the CL Zone.
On roll call, the focegoin9 resolution was passed ny the followiny vote:
AYdS: BOUAS, LA CLAIRE~ LAWICKI, NC BU~NEY, MESSE
NOES: NONE
ABS~NT: FRY, HERBST
Malcc'.m Slaughtet, Deputy City Attocney, presented the written right to appeal
the Planning Commission's decision Within 22 days to the City Council.
ITEM N0. 9 EIR NEGATIVE DECLARA`t'ION AND CONDITICNAL USE PERMIT NO. 2816
PUBI~IC HE?~.ING. OWNERS: RAMESH PATEL, 2650 W. Lincoln Avenue, Anaheim, CA
92801. AGENT: VERNELL HAYWARD, 328 N. Beach Blvd., Anaheim, CA 92801.
Property described as an ic~egularly-shaped parcel of land consisting of
approximately 0.64 acre located at the southeast corner of Lincoln Avenue and
Stinson Street, 2650 West Lincoln Avenue (CCest Motel).
To retain 4 kitchenettes in an existing 16-unit motel.
Thece was no one indicating their p[esence in opQosition to subject cequest
and although the staff repo~t was not read, ~t is ceferred to and made a pa[t
of the minutes.
Ramesh Patel, owner, was ptesent to answer any questions.
TdE PUBLIC HEARING WAS CLOSED.
Responding to Commissionec Bouas, M[. Patel stated guests normally stay about
one week a~d occasionally if they are looking fot an apartment, they might
stay two ot three weeks. He star_ed they have no kitchens in their pcesent
motel and this cequest is to have 4 units with kitchens and added they have
more than adequate parking.
7/7/86
JULY 7, 1986 86-465
MINUTES, ANAHEItd CZTY PLANNING COMMZSSION~
Responding to Commissionec Messe, Leonatd McGhee pointed out the poction being
discussed on the exhibit and Mr. Patel explained future development plans
include closing the swimming pool which is not being used ~ight now.
Commissioner N,esse stated the staff report indicates this petition is the
result of Code Enforcement action and the req~est is to cetain 4 kitchens and
the petitionec indicates the kitchens have not oeer. euilt.
Leonatd McGhee stated staff was of the opinion that the cequest was to retain
four kitche~,s as a cesult of Code Enforcement action. Chaicman McBU~ney asked
if the ki:chens ace existing and Mr. Patel stated they nave space for the
kitchens and 30 yeacs a9o this property was used foc apactments and they have
plenty of space for kitchens and the customecs want kitchens. Annika
Santalahti stated she was under the impression the kitchens were portable and
could be taken out. Leona[d McGhee stated the Code Enforcement officer
inspected the motel aftet nein9 notified o~ the Fire Depactment that they had
four illegal kitchen units. Commissionec La Claire noted 258 kitchen units
are allowed normally and she did not have a pcoblem with apptoval of this
request.
ACTION: Commissioner La Claire offered a motion, seconded by Commissioner
Lawicki and MOTZON CARRIED (Commissioners Fry and Hecbst absent) that the
Anaheim City ?lanniny Commission has teviewed the proposal to retain 4
kitchenettes in an existing 16-unit motel on an iccegulatly-shaped parcel of
lan~ consisting of approximately 0.64 acre located at the southeast corner of
Lincoln Avenue and Stinson Street and fucther described as 2650 West Lincoln
Avenue; and does heceby approve the Negative Declaration upon finding that it
has conside[ed the Negative Declaration together witn any comments received
durin9 the public review process and fucther finding on the basis of the
Initial Study and any comments received that there is no substantial evidence
that the project will have a significant effect on the environment.
Commissioner La Claire oEfered Resolution No. PC86-182 and moved for its
passage and adoption tYat the Anaheim City Planning Commission does heceby
grant Conditional Use Pecmit t~o. 2818 pucsuant to Anaheim Municipal Code
Sections 18.03.030.030 through 16.03.030.035 and subject to Interdepattmental
Committee cecommendations.
On roll call, the :oregoin9 resolution was passed by the following vote:
AYES: BOUAS, LA CLAIRE~ LAWICKI~ MC BURNEY~ MESSE
NOES: NONE
ABSENT: FRY~ HERBST
t9alcolm Slaughtec, Deputy City Attorney, presented the written right to appeal
the Planning Commission's decision within 22 days to the City Council.
ITEM HO. 10 EIR NEGATIVE DECLARATION WAIVEF2 OF CODE REQUIREMENT AND
CONDITIONAL USE PERMIT NO. 2819
PUBLIC HEARING. OWNERS: FAR WEST SAVINGS & LOAN ASSOC. (AMERICAN FIDELITY
CORP.), 4001 MacAtthuc Boulevatd, Newpo~t Beach, CA 92660. AGENTS: LIVING
FAITH CHURCH, 12862 'ti' Gatden Gcove IIoulevard, Gatden Grove, CA 92643.
Propecty described as an ittegularly-shaped parcel of land consisti.ng of
approximately 9.5 acces, 3584 Enterprise ~cive.
MINUTES, ANP.HEIM CITY PLANNING COMMISSION, JULY 7, 1986 86-466
To petmit a church in the ML 2one with waiver of minimum numbec of parking
spaces.
There was no one indicating their peesence in opposition to subject request
and although the staff ceport was not tead, it is refecced to and nade a~art
of the minutes.
George Rohrig, Pastor, Living r^aith Church, stated they are telocating fcom
Santa Ana to Anaheim and ate attempting to purchase ptopecty in the Anaheim
Hills area and need a location for less than two years. He refetred to
Condition No. 1 requitiny sidewalks and questioned the length of street
frontage on Tustin Avenue. Leonard McGhee, Associ3te Plannec, explained
Pacagraph No. 1 describes the property as having a fcontaye of 388.7 feet on
Tustin and it should be approximately Z,388.7 feet. Mr. Rohrig stated there
ace no o'her sidewalks in that area and very little pei]estrian traffic. He
added the cost of installation of the sidewalks would make the project
prohibi~ive foc the two year period and they ate ~equesting the deletion of
that sidewalk requirement. he stated this is a fairly new project and felt
the sidewalks should have been requiced as a part of the completion of the
development, and due to the length, fee3 it is out of pcoportion with the
Cequest.
Howard Shaeffer, 210 S. Sullivan Street, stated thece is cea~,~~.ful landscaping
cn this pcoperty aud tt,e sidewalks would take away from tha~ landseaping, if
instailed. He presented photogtaphs of the property shcwing the landscaping
and the cur.b returns.
Frank Lowry, Attor~ey, 100 S. Anaheim Blvd., stated he is not present to speak
fot or against this particulac tequest but would like to speak aftec the
hearin9 is finished because what he has to cont~ibute does not really deal
with ~:ls particular application, but with the issue in 9enetal.
Malcolm Slaugh~er, Deputy City Attorne~•, stated he has no problem with the
Commission heazinq any testimony fcom the public.
Commissioaer Bouas stated she would like to hear what Mr. Lowty has to say and
Commissicner La Claite stated she would like to hear the testitt~ony oecause
there are some ouestions as to whether or not the Commission can vote on this
issue.
THE PISBLIC iiEA1tING WAS CLOSED.
Commissioner Bouas stated this is a recently finished development, and if
sidewalks are requi[ed, they should have been cequired of the developer then.
Jay Titus, Office Engineer, stated khis development was constructed with
buildang perm:t~+ and he was not sure why sidewalks were not required. He
stated there is no reco~d of a sidewalk waivec being granted on this
property. He stated d~iring the last year, the City has been attemptin9 to get
sidew3lks installed on all ar.terial streets in the Northeast Industrial Area.
Commissionec Bouas asked if all *.he othec stteets in that area have sidewalks
and if thete ate sidew~lks on both sides of this development.
7/7/86
MItiUTES ANAHEIM CITY PLANNING COMMISSION, JULY 7, 1986 66-467
Commissioner La Claite stated before deciding whether ot not sidewalks should
be required, the Commission should decide whether oc not they can vote on this
matter, and asked if this use is permitted in the ML zone.
Malcolm Slaughter stated the petition submitted by the applicant indicates
that the application is hereby made foc a conditional use permit, and that the
section of the Code under which it is beiny requested is left blank. He
stated in analyzin9 this situation, it apQeacs a church is not authorized by
the code in the Canyon Industrial Acea, and the first ficiding required to be
made before approving a conditional use oermit by the Commission is that the
use fo~ which the activity is sought is authorized by the Code, and that it is
his inL•erpcetation that a church is not permitted by a conditional use permit
in this zone. He added he understands the Planning staff informed the
petitionez of this when the petition was filed.
Pastor Rohrig stated today was the first time they had heard anything about
this question and the Code Section was left blank because he did not know what
Code Section should be includ~•~ He stated this prohibition does not comply
with the policy of the City over the past few years because othec churches
have been allowed in this zone and if there is a probleui later, it could be
settled by some court action. He stated apparently this :s a questionable
acea because this use has been allowed in the past.
Annika Santalahti, Assistant Directoc fot Zoning, stated the Canyon Industrial
Atea differs from other indust[ial zones in the city in that fewer uses are
permitted and there has been a g~eat deal of ~iscussion cegarding the area
during the last three oc four years, and there may have been some leniency,
but the Code was modified to reduce the number of uses. She stated there is a
great concern with the number of non-industrial uses which have gone into that
acea; and that a fraternal otganizaL•ion requested a Code amendment for
conditional use permit directl~~ through the City Council and the landuwnecs
are becoming incceasingly concerned about non-industrial users in the area.
Frank Lowty stated he would agtee that the Code does not permit a church in
the Canyon Industcial Acea, but would suggest that perhaps that is an
oversight and that pethaps chueches should be allowed as intetim uses from one
.o three years. He stated right now there are several chucches in that area;
and that it mahas good sense to petmit small cong~egations to use the
industrial properties as interim uses while accumulating money to move into
the Anaheim Hills area because the use is primacily duting the houcs when the
other industrial users are not in the area and they can utilize the latge
parKing aceas which are vacant during the off-hours. He stated the ptoperty
owner could benefit from the rent, the people of the church would benefit from
the use of the facility in the area where they live, and use of the facility
would double.
Mt. Lowry stated thece could be an adoption of a Code i,mendment to petmit
chu~ches as interim uses irom one to three yeacs and that would not permit
extensions of time and the pcoperty owners in the area and thought the
Commission has the power to suggest such an amendment to the City Council.
7/7/86
MINUTES~ ANAHEIM CITY PLANNING COMMISSION, JULY 7, 1986 66-468
Commissioner La Claice stated the Commission has granted conditional use
permits for sevecal chucches in this area and thece was not this question
before, but since thece is a different intezpcetation now, she would aqree
that a Code Amendment would probably be in order because the church use would
not conflict with the industtial use.
Responding to Commissioner Messe, Annika Santalahti stated it takes about two
months to amend the Code. Malco~m Slaughter stated from a legal standpoint,
there is no pcoblem with recommend:ng a Code Amendment, and pointed out it is
up to the applicant to know what he is entitled to as far as the Codes ace
concerned.
Commissionet La Claire suggested a two-month continuance in order for this
matter to be resolved so that everything is handled legally. Commissionec
Messe stated churches sometimes bring with them othec uses which could be a
problem such as pre-schools and nursery schools. He stated any approval would
have to be carefully wocded and that he thought the Code should be amended.
Malcolm Slaughter stated if a Code Amendment was adopted, thece would be legal
authocity to grar~t the conditional use pecmit. He stated if the petitioner
applies for something to which h2 is not entitled and somebody bcings an
action challenging it, the City would be in a position of tryiny to defend
that action, which may ultimately be determined to oe illegal, and the Cit,y
could end up paying, not only the costs to defend that action and then having
the action set aside, but could end up payin9 the attorney's fees for the
party who brought the action and he did not wish to expose the City to that
kind of expense. He added the applicant has the zeal problem because they
could lose the ti9ht to use of the property on which they might have made a
great deal of investment.
Commissionei La C1aiCe asked if the applicant would be willing to request a
two-month continuance in ordec to stcaighten this out so that the City will
not be liable and the ordinance can be changed.
Pastor Rohcig stated they have an atrangement to entec into the lease with the
property owner aftee approval oE this tequest by the Planning Cammission and
he would be concerned about the owner holding the pcoperty until this issue
has been settled. He added they will have to abide by the Co~nission's action
and accept the continuance and a9reed that the Code does close the door for
smaller churches to gain a statt in an area.
Malcolm Slaughte[ stated he is not saying that chutches are not allowed in any
indust~ial zone, and explained that foc whatevec ceason, the policy-makets
decided the Canyon Industtial Area should have vety limited uses and that is
the only zone affected. He stated there are other industtial zones in the
city where a conditional use petmit would be permitted.
Chairman [dc ~utney asked i£ it would be possible to just send this request on
the City Council without ~lanning Commission action because of the lega~
questions. Mr. Slau9hter stated the Planning Commission could deny the
request and the applicant could appeal that action to the City Council.
Commissioner La Claise stated the Commission could send it on to the City
Council without action, or denial without prajudice, but added she thought ~he
7/7/86
MINUTES, ANAHEIM CITY PLANNING COMMISSION, JULY 7~ 1986 86-469
quickest and best way would be a continuance, and then the Planning Commission
tecanmend to the City Council an amendment to the Code to permit churches as
interim uses.
Pastot Rohri9 requPsted a continuance.
Commissioner La Claire stated the Commission has allowed churches as intecim
uses in that acea and they have worked out just fine and that she undetstands
how important it is for churches to yet a start and many have gotten theic
stact this way.
Commissio~e~ Bouas stated if the chucch is going to end up in the Canyon azea,
they want to stact in that area, and they could go into another indust[ial
area, but the people will not travel that far, and she agreed the Commission
should recommend a Code Amendment.
Malcolm Slaughter stated if the Planning Commission is unaele to act due to a
tie vote, they may tefer the matter to the City Council witho~t action or
recommendation, but in the absence of such a motion, the Planning Commission
seems to have the jucisdiction ovec the matter foc 40 days, but if an action
has ~ot been taken at the end of that 40-day period, then the matter goes to
the ~ity Council without recommendation.
Commissionec Messe stated by making the reeommendation foc a Code Amendment,
the matter will be heacd eatlier than 40 days and once the Code is amended,
the Commission can act immediately.
Commissioner La Claire stated in the past when a Code Amendment is pending,
the Planning Commission has granted appcoval with a stipulation that it is
subject to the adoption of the Code Amendment. Malcolm Slaughter stated he
would not Cecommend such an action prior to some action by the City Council
indicating their willingness to amend the Code. He stated the staff will take
the Planning Commission's wishes to the City Co~ncil, Commissioner La Claite
suggested a one-month continuance.
ACTION: Commissione[ La Clai[e offere6 a motion, seconded by Commissioner
Bouas and MOTZON CARRIED (Commissionecs Fry and Hetbst absent} that
considetation of the aforementioned matLec be continued to the
regularly-scheduled meeting of August 4, 1986, at the request of the
petitioner.
Commissioner Li Claire offered a motion, seconded by Commissionet Bouas and
MOTION CARRIBD (Commissianers Her~st and Fty absent) that the Anaheim City
Plannin9 Commission does heretiy recommend to the City Council that a proposed
Code amendment be consideced to permit chutches as intecim uses for a period
of 3 to 5 years in the ML (SC) Zone.
Chairman Mc Burney pointed out this matter will not be ceadvertised.
Pastor Rohrig asked if any action can be taKen on the cequirement foc the
sidewalks and Chairman Mc Butney tesponded all actions will De taken at the
public heating on Auyust 4, 1986, uttless the matter is continued at that
meeting.
7/7/86
MINUTES~ ANAHEIId CITY PLANNING COMMISSION~ JULY 7, 1386 86-470
RECESS: 2:50 P.M.
RECONVENS: 3:00 P.M.
ITEM N0. 11 EIR NEGATIVE DECLARATION AND CONDITIONAL USE PERMIT N0. 2821
PUBLIC HEARING. OWNBRS: HtNRY AND CHANTANA LEW, 2224 Spinnaker St[eet,
Anaheim, CA 92802. Property described as a cectanaularly-shaped paccel of
land c~nsisting oE approximately 8,740 square feet located at the nottheast
corner of Simmons Avenue and Spinnaker Street, 2224 Spinnaker Stceet.
To pecmit a board and care facility for up to 12 adults.
There were appcoximately eight persons indicating their presence in opposition
to subject request and although the sta£f teport was not cead, it is refer~ed
to and made a Fart of the minutes.
Chantana Lew, ownec, stated she has a license for six board and care patients
and would like to enlarge for up to 12 patients and 2 or 3 family members.
Cliff Rothtock, 2161 S. Spinnaker, stated he is representing several people
who have been before vacious Commissions and Councils several times in the
past concecning development of theit area, and it was decided that only single
family homes would be allowed in this a~ea and now 30 years later, after
several of the property owners have paid for their homes and have retired,
something such as this is bein9 proposed and this is more like a business, in
their opinion. He stated they n~w have six people in that home and want to
double that by bui'.ding a two-story addition to the house and over tne yeats,
they have manayed to keep the area single stocy and do not want to see
two-story homes. He presented petitions signed by about 40 Feople who would
like to see this denied.
t4r. Rothrock stated the ladies in the area and the families are veCy concerned
and featful because of the existing apartments in the acea an~ ce have been
a lot of police pcoblems. He stated they feel with more people in thE area,
thete ace a lot moce people walking u~ and down the streets. He staY.ed they
ate also concerned about there being 1~ people in this one home and a'•;o would
like to know the backg[ound of the people whc would be cesponsible for their
supervision 24 hours a day. He stated also they think people are living in a
small "doll-house' type structure in the rear and he did not know that was
allowed. He stated there have not been any ptoblems with just six patients
that he is aware of, but chought there could be psoblems with 12 patients.
Mc. Rothrock stated *.hey fought a liquor store on Orangewood, but it finally
went in anyway, and it is not the gceatest thiny for Anaheim and for the
area. He stated with visitots coming to this facility, he did not think this
site would be adequate and did not think it is the cight place for a facility
such as this.
Carolyn Miller, 2151 Spinnaker Street, stated she has lived in this
neighborhood for 29 years and she thought this was a sin9le-family area. She
stated pceviously one o£ the residenks wanted to build a second story, uut the
request was denied and that person had to build onto the rear rathec than
going up, and also they do not think it is right to have this many people in
7/7j86
86-471
MINUTES, ANAHEIM CITY PLANIiING COMMISSION, JULY 7r ~ioG
one residence and they feel approval of this would just change the whole
neighborhood. She stated of the otiginal 40 ptopecty o~~necs, 12 are still
there. She asked about the 32' dedication and Chairman Mc Butney explained
the setback and dedication cequirements.
Ed Buckner, 2156 S. S~innake , stated he has lived thece for just ovec a yeat
and bought his pcoperty because it was a single family atea and he setLled in
Anaheim because the houses are mostlY well-kept. He refetred to a refecence
that. these people will be supervised 24 hours a day and noted that is not
being done now and the people walk a[ound the neighbori~ood unsupecvised. He
noted one finding the Planning Commission must make is that the action will
~ot be detrimental to the peace, health, safety and welfare of the citizens of
the City of Anaheim and he did not think that finding cau be made in tnis
instance.
Linda Hilton, 2136 Anchor Street, stated her daughtet and friends were playing
ping pon9 in their gacage and a gentleman apptoached them quite suddenly
asking for a cigatette and it sca~'^~ them. She stated sh~ did not know whece
the man lived, but obviously he e~.nt beion9 in the neighborhood. She added
she realizes the~e people need a ~.ce to live, but thece is already one
facility like this in the neighbothood and they did not feel it would be
conducive to have a home this large with that many people in that area. She
stated some of t.he original pcope~ty owner~ a[e saying the neighborhood is
going downhill and appcoximately 8 houses w~:_e for sale. She stated this
should be carefully reviewed and the area kept as a single-family area and
noted it is a nice neighbochood and tne people all know each other aad do not
want ~o see this happen.
Ftan Garrity, 2160 Spinnaker, stated she doesn't have anythiny new tc add, b~it
wanted to be heard; that she purchased one of the first nouses in this ttact
30 yescs ago and wants to spend hec days in her nice home; that they have
beautiful neighbors and this was an ideal community and they are vety
conce~nec: with this type of use coming in. She stated the liquor stor.e which
they all fought against is one of the biggest pcoblems in that atea and it is
alse very detrimental to their patk. She stated they have fought against
ovErccowding or anything they feel would be det~imental to the neighborhooa.
She stated when they see anyone not taking care of their property, they try to
encourage them to keep it up; and that it is depressing and dishearteniny to
have things like this happen. She stated she does nok feel that many people
should be allowed in one home because they have to be supetvised and thete
should be professional, medically-trained personnel to take cate of them and
they shouldn't be in this cesiden~ial atea.
Richa:d Mack, 4124 Simmons, Orange, stated this is a tesidential neighbothood
and he has lived there 21 years and very few houses go up for sale in that
area. He sta~ed there have been some disturbances at this home in the past
yeac and he did not think this is the proper place, espeCially with a
two-story addition since all the other residences are single stoty.
William Nebler stated he is a next dooc neighhot and that his wife is
paralyzed fcom a sttoke and he ta.".es cace of hec 24 hours a day; that the
petitioner has indicated these people will be taken care of 24 houts a day a.nd
he did not think that will ~e oossible because he rateiy gets any sleep now
7%~i °fi
MINUTES ANAHEIM CITY PLANNING COMMISSION, JULX 7~ 1986 86-472
because of the care his wife tequires. He stated his wife has to have
medication and it has been administered on time and he ~aas concerned that if
the patients in this facility were not 9iven their medication properly or on
time, there could oe problems.
Mr. Nebler stated he talked to the petitione[ about her plans and was informed
that the mothec was comin9 to this countty and they needed a place to take
care of her and wanted to aud or~to the residence. He stated now he sees thete
will be three relatives living there.
Mc. Neblec stated Mrs. Lew has had six patients ever since she moved thece and
these patients go outsidF~ in the back yard. He explained there are decorative
blocks on top uf the wall which can be seen through and his wife's nuese's
aide pceviously liked to go outsi.de in the back yard to hany up the laundry,
do a little yard work, etc., nut evetytime she went out, a man next door would
come to the fence and watch her and now she will not go outside and he has nad
to pucchase a clothes dryer. He stated also when gue:ts come to visit him and
his wife, they like to go outside, but with a two-story addition next dooc,
they would not enjoy the yard because the patients could look right into the
back yatd.
Stan Kay, Otan9e C~unty Mental Health, 1300 S. Grand, Santa Ana, stated he is
a Board and Care Consultant and places clients into the community and
explained these patients are just too healthy to be in a mental hospital and
that people with management problems are not r=leased and patients ace not
released unt.il they can be contcolle~ thtouyh medication and ~hat is one of
the biggest concerns of the board and care homes. He stated he is pleased
that these neighdots seem to recoyni~e the~_ is a need and tnat he wants to
find the balance and does not really know the cight answe~: but Eeels this
operator is capable of handling anothec six patients. He sL•ated right now
there is not only a p~oblem with the homeless in Ocange County, but the
mentally ill homeless and more board and cace beds are needed. He stated
thece are several homes in Ocanye County with 12 patients and they have not
Eound that they negatively impacl the neiyhbothood.
Mc. Kay stated Mrs. Lew does have the quality of being an effective boacd and
cace operator and offe~s a good service and is closely connected with ~he
clinic which pruvides the cace. He stated ~evecal of the neighbors did not
evea know she had the board and care home in the neighborhood unLil the~
received this notice. He e~plained thece is a clinic at Ball and Anaheim
Ctoulevard which ptovides the suppotit secvices for this home and a staff inembec
visits the home regularly to make ~uce the medication is right and the home is
well cun and kept clean. He stated if Mcs. Lew was having problems with her
ptesent home for six patients and if there was a question about her being able
to handle moee, he would not be present to ::ay that she is capable because
they are vety concecned about the home affe.•ing the neighbochood, and they
feel Mrs. Lew is really a good risk.
Mc. Kay stated there is small structuce ia the rear yard where the men wece
allowed to smoYe; and that the patients are all men and none of them have
vehicles and cannot drive so there is no t[affic problem. ~e explained t.here
is a Placement Ayteement which must be complied with and theze is a state
licensing agency which must approve the license if this conditional usa peemit
7/7/86
86-473
MINUTES~ ANAHEIM CITY PLANNING COMMISSION, JULY 7, 1986
is apptoved. He stated they need mote beds and moze operators like Mtu~ oses
He stated that the patients can walk in the community and one oa~~hofpthe
of having them in a cesidential area is so that they become a p
neighborhood.
THE FUBLIC HEARING WAS CLOSEil.
Commissione~ Lawicki asked the educational or training background of Mrs. L°w,
the operator of this home. Mr. Kay responded the State of California does not
require any specific medical or psychiattic credentials in ocdet to qualify as
a boaed and care operator. He explained she has taken a class with ovet 30
hours of tcaining in practical nutsiny foc dealing with the developmentally
disabled.
Commissionee Messe stated the petitionec indicates there will be up to five
family membets thece and asked if they would be in addition to the ownets.
Mr. Kay stated the State requices a tatio of stafE to patient, ~cceWtable toe
are 12 patients, another person approved by the State as being P
supecvise the patients will be ~equired.
Ms. Lew stated right now only she and her husband ace there and hopefully her
mothet-in-law and one niece and one nepnew will come. She added if this is
appcoved, she will have to hi[e one mar.agez and she did not know if that
additional pecson ~ill be living in the cesidence.
Commissioner Bouas stated she did not see how this addition could be allowed
in this single-family cesidential acea; that she realizes this type oE place
is needed and they can have six by [iyht and she th~ught that should be the
maximum allowed in this area.
Commis,sioner La Claice stated she [ealizes the need but agcees this
residential neighborhood which was designed £or single family homesreatld b,t
be appcopriate. She stated she was sure this operatoc is doing a 9 7
but this would be just too many people in a neiyhnorhood like this and thought
it should be in an area where it will not make such a pcofound impact and
should be spread out thcoughout the city. She stated also all the people in
the neighborhood ate concernEd.
Commissioner Lawicki stated he thought six patients may oresent one set of
problems, but increasin9 thE number to 12 could just compour,d the situation
and also the building would ee almost 4,000 square feet which wou19 impact the
neighbo[hood dcamaticalls and although the cause may be wozthy, the place is
not ~oerect.
ACTION: Commissionec La Claire offe[ed a motion, seconded b~ Coimnissionec
Bouas and MOTION C?_RRIED (COmmissionets Fry and Herbst absent) e[mittaeboard
Aaaheim City Planning Commission has reviewed the pcoposal to P
and care facility foc up to 12 adults in the RS-7200 (Residential,
Single-Family) zone on a rectangularly-shaped parcel of land consisting of
appcoximately 8,740 squate feet located at the northeast cocner of Simmons
Avenue and Spinnakec Street and furthe[ described as 2274 SpinnakeL Stteet;
and does hereby appcove the Negative Declaration uQon finding that it has
consideced the Negative Declaration together with any comments ceceived during
7/7/86
86-474
MINUTES, ANAHEIM CITY PLANNING COMMISSION~ JULY 7r 1986
the public review p~ocess and further findin9 on the basis of the Initial
Study and any comments received that the~e is no substantial evidence that the
pcoject will have a significant effect on the enviconment.
Co~nmissionet La Claire offeced Resolution No. PC86-183 ana moved for its
passage and adoption that the Anaheim City Planning Commission does hereby
deny Conditional Use Permit No. 2821 on the basis that the use would advecsely
affect the adjoinin9 land uses and the gcowth and development of the ate in
which it is pcoposed to be located and the size and stiape of the prop°cty ace
not adequate to allow the full development of the area in which safet Pandosed
to be located and it wauld be dettimental to the peace, health, Y
genecal welfate of the ci~izens of the City of Anaheim.
On roll call, the fore9oiny resolution was passed oy the following vote:
AYES: BOUAS~ LA CLAIRE, LAWICKI, MC BURNEY, MESSE
NOBS: NONE
ABSENT: FRY, HeZbst
Malcolm Slaughtec, Deputy City Attorney, pcesented the wcitten right to appeal
the Plannin9 Commission's decision within 22 days to the City Council.
ITEM N~• 12 EIR NEGATIVE DECLARATION~ WAIVER OF CODE REQUIREMBNT ANU
CONDITIONAL USE PERMZT N0. 2822
PUBLIC HEARING. OWNERS: JOHN KOCYLA, ?. O. Box 9832, Anaheim, CA 9280'l.
AGENT: JEFF BA~KER, 1943 Sunny CLest Drive, P. O. Box 277, Fullerton, CA
92635. Property desccibed as a cectanyularly-shaped patcel of land consisting
of approximately 16,800 squace feet, 406 West Veemont Avenue.
To pecmit a chucch in a convected residential stcucture with waivec of minimum
number of packing spaces (deleted).
There were two persons indicatin9 theic pcesence in opposition to subject
request and althou9h the staff repozt was not ~ead, it is referced to and m3de
a pazt of the minutes.
Pastor Jeff Backer, explained they want a pecmit to have a church at this
facility and they plan to be a good neighbor and will be meeting ptimatily on
Sundays.
Wayne Ga,~ins, administcator of the Anaheim Moose Lodge, 914 SouththeLbe~uest,
adjacent to subject ptoPecty stated they are not exactly opposing 9
but would like to know if this would affect their liquor license when it. is uo
for cenewal being so close to the church. He added ABC has no pcoblem with
it. Annika Santalahti stated the same rules would apply foc the City. N~[.
Goggins ststed sc~etitnes they have fund Laising events on Sundays which might
conflict with the ctiutch usiny the parking spaces. Pastor Backer stated they
had a pa~king study conducted and thete is adequate parking t~r the houts they
pcopose to use the facilities. He staa~~.~heondtheiceownrpr pectyl pHeking
ag~eement and they do have plenty of p 9 eo le attending theic
tesponded to Comnissionet Souas that the~ have about 20 p P
services.
7/7/86
86-475
MTNUTES, AL4AHEIM CITY PLANNING COMMISSION~ JULY 7, 1986
TY.E PUBLIC HEARZNG WAS CLOSED.
Leonacd Mc~hee stated the packing required fot the combined uses is 64 spaces
and they are providing those 64 spaces and thece is an existing recorded
reciptocal patking and easement agreement.
Responding to Commissioner Bouas, a cepresentateoele~at theirofnndLOaisin9
stated they would have a maximun of about 200 p P
events and notmally the parking would not conflict. Mr. Goggins stated
initially the parking was based on one of the areas and 86 spaces wece
requited fo[ the lodge, but a variance for 32 spaces was gtanted and the
capacity in one room is £or 120 persons and 85 in the other one for a ~otal of
about 200. He stated the building neing discussed today has not been
pteviously ueen occ~pied.
Commissionec La Claice stated tt~ere is no request foc a parking vatiance and
that the Tcaffic Engineec has indicated the parkingnsPs~~eedr~yeYenaveebeen
she thought the two could wock together. M~. ~ogy
getting more ar~d more eequests foc fund :aiarkin V1otSSaleshodances,Detcb1andQ
have more and they do have events such as p 9
Sundays seems to be a very popular day. Commissionet La Claire stated with
the fund raisiny events such as the packing lot sales, thece could ~e a
patking problem, but thought the two could wotk together. Pastor Backer
stated with only 20 people in the conyreyation, there would be plent~ of
parking and tl~at the Moose Lodge meets at diffe[ent times and stated they
would work out: the proolems with theic neighbu~. Commissioner Bouas stated if
they used the streEt patki.ng, there could be pcoblems with the residential
n2ighbocs.
Commissionec La Clai~e stated cettain parkin9 spaces are allocated to the
diffecent uses and there is a[ecip~ocal packing ag[eement and she thought
they would only tequiced 10 to 15 packing spaces on Sundays and stated then
the t4oose Lodge members could park on the stteet. She added she did not think
there would be a proolem.
Commissionec La Cl~ire stated because of the othec buildings whict~ a[e empty,
the Moose Lodge has been using most of the parking and Mc. Kocyla stated there
is a check-cashing opetatirn in the acea and they utilize 4 to o spaces and
each separate unit is entitled to its own patking. He staces o in hsha~e9
spaces allocated to the tdoose Lodye with some of those sp 9
with othec tenan~s. Mc. Goggins stated right now the congregation is small
and it has been indicated to the staf£ it could go to 100 and they do not wa»t
any ptoblems in the future eithet.
Chairman Mcautney sta~ed a conditional use PeLOblemsn bCommissionet LaeClaitea
problem and thought they would wock out any p
stated the Moose Lodge is ad7acent to the agricultural center wt~ich is closed
on Sundays.
ACTION: Commissioner La Claice offered a motion, seconded by Commissionec
Messe and MOTION CA12P,i~ll (Commissioners Fry and Herbst absent) that the
Anaheim City Planning Commission has reviewed the pzop~sal t^ ~~rmit a church
in a residential structure with waivet of minimum number of parking spaces
7/7/86
86-476
MINUTES~ ANAHEIM CITY PLANNING COMMISSION~ JULY 7, 1986
being deleted on a rectangularly-shaped paccel of land consisting of
approximatel~ 1680 squace feet, ha~ing a_'contage of appcoximately 75 feet on
the south side of Vermont Avenue and fucther desc~ibed as 406 West Vecmont
Avenue; and does hereby appco~e the Negative Declaration upon finding that it
has considered the Negative Declaration togethet with any comments received
during the public ceview pcocess and f.utther finding on the basis of the
initial Study and any comments received that thece is no substantial evidence
that the project will hav~ a siynificant effect on the envi~onment.
Commissione[ La Claire offeced a motion, seconded by Commissioner Messe ar.d
MOTION CP.RRIE~ (Commissionets Fcy andwaivertofDCode,cequitementnonetheCba~is
Planning Commission does heceby deny
evidence vas presented indicating that the pa[kiny was adequate; tneceby,
deleting the need fot said waivec.
Commissionec ~,a Claice offered Resoiution No. P~86-184 and moved for its
passage and adoption that the Anaheim City Planning Commission does hereby
gtant Conditional Use Pecmit No. 2822 pursuant to Anaheim Municipal Code
Sections 18.03.030.030 thcough 18.03.030.035 and subject to Intetdepactmental
C~mmittee recommendations.
On coll call, the foregoiny resolution was passed by the £ollowing vote:
AYES: BOUAS~ LA CLAIRE, LAWICRZ, MC BURNEY~ MESS~
NOES: NON~
ABSENT: FRY, HERBST
Malcolm Slaughter, Deputy City Attorney, presented the written right to appeal
the Plannin9 Commission's decision within 22 days to the City Council.
ITEM N0. 13 EIR CATEGORIC~IL E)CEMPTION-CLASS 5 AND VARIANCE NC~. 3576
PUBLIC HEARING. OWNERS: MARY E. HORSLEY, 2103 W. Ocange Avenue, Anaheim, CA
92804. AGENT: PHILLIP L. CAMARATA, 5442 Yaleatceluof landmconsisting of683.
Pcoperty desctibed as a rectangulacly-shaped p
appcoximately 0.14 acte, 21U3 West Otange Avenue.
Waivers of maximum lot covecage and minimum rear yard setback and area to
retain an existing addition to a single-family residence.
There was no one indicatiny their presence in opposition to subject ceguest
and althouqh the staff repo~t was not read, it is refe~ted to and made a patt
of the minutes.
Bacbaca Camatata, a9ent, was pcesent to answer any questions.
'PHE PUBLIC HEARING WAS CLOSEll.
It was noted the ~~ianning llirector or his authorized repcesentative has
determined that the p[oposed pcoject falls within the definition of
Categorical Exemptions, Class 5, as defined in the State Envisonmentu_ _~npact
Report Guidelines and is, thecefoze, categocically exempt fcom the tequicement
to ptepaze an EIR.
7/7/86
86-477
MINUTES~ ANAHEZM CITY PLANNING COMMISSION, JULY 7. 1986
ACTION: Commissioner Messe offered Resolution tdo. PC86-185 and moved for its
passage and adoption that the Anaheim City Planning Commission does hereby
gtant Variance No. 3576 on the basis that there are special circumstances
applica~le to the propecty such as size, shape, topography, location and
sutcoundings which do not apply to other identically zoned ptoperty in the
same vicinity; and that stcict application of the Zonin9 Code depcives the
pcoperty of privileges enjoyed ny vti~2c pzopecties in the identical zone and
classification in the vicinity and subject to Interdepa[tmental Committee
recommendations.
On coll call, the Eoregoiny resolution was passed oy the following vote:
AYES: BOUAS, LA CLAIRE, LAwZCKI, 19C BURNEY, t4ESSE
NOES: NUNE
ABSENT: FRY, HERBST
Malcolm Siaughtet, Deputy City Attotney, pcesented the wtitten cignt to appeal
the Plannin9 Commission's decision within 22 days to the Ci'ty Council.
ITEM N~• 14 EIR CATEGOkICAL EXEMPTION-CLASS 5 ANll VARIANCt NO. 3577
PUBLIC HEARING. OWNERS: DAVIll AND SANllRA S. INGRAM, 1603 Acbutus Avenue,
Anaheim, CA 92805. Propetty descrioed as an ir[egular.ly-shaped paccel of land
consisting ~f. appcoximately 0.15 acre, 1603 Ateutus Avenue.
Waivecs of (a) minimum side yacd setback and minimum setback for a front-on
gacage, (b) minimum rear yacd setback, (c) minimum dimensions of vehicle
acc~ssways and (d) maximum fer.ce height to construct a family coom addition to
a single-family residence.
David In9ram, ownec, was present to answer any questions.
Thece was no one indicating their presence in opposition to subject reauest
and although the staff ~epo~t was not read, it is cefecced to and maae a part
of the minutes.
THE PUHLIC HEARI[JG WAS CLOSEll.
Mc. In9cam responded he has diseussed this plan with his neighbors and they~
all agtee.
It was noted the Planning Directoc n~ c~.is authoti2ed reptesentative has
determined that the proposed projecc f.cl.ls wit,i.in the definition of
Catego[ical Exemptions, Class 5, as ~iafl:..._d in the State Envitonmental Impact
Report Guidelines and is, thete~oce, categocically exempt fcom the cequitement
to prepace an EIR.
ACTION: Commissionec La Claire offeted Resolution No. PCBb-186 and moved for
its passage and adoption that the Anaheim City Planning Commission does hereby
gtant Variance No. 3577 on the basis that thece are special locationaands
applir,able to the propecty such as size, shape, topo9raphy,
suctoundings which do not apply to othet identicaliy zoned QtoQerty in the
same vicinity; and that strict application of the Zoning Code deprives the
prope[ty of privileges enjoyed by othec pcoperties in the identical zone and
classification in the vicinity and subject to Intecdepartmental Committee
tecommendations.
MINUTES ANAHEIM CITY PLANNZNG COMMISSION, JULY 7, 1986 86-47tl
On toll call, the focegoing resolution was passed by the Yollowing vote:
AYES: BOUAS~ LA CLAIRE~ LAWICKI, MC BURNEY, MtSSE
NOES: NONE
ABSENT: FRY~ HERBST
Malcolm Slauyhter, Deputy City Attorney, presented Y.he written cight to appeal
the Planning Commission's decision within 22 days to the City Council.
ITEM N0. 15 REPORTS AND RECUMi~ENDATIONs:
A, CONDITIGNAL USE PERMIT tdOS~ 1996 and 25U1 - Request from Sidney Sik Yan
Chan (Rustic Motel owner) for tecmination of Conditional Use Permit Nos.
1998 and 2501, propecty lo~at°d at 916 S. IIeach Boulevard.
ACTION: Commissioner Bouas offered Resolution Ho. PC-187 and moved foc
its passage and adoption that the Anaheim City Plannin9 Commission does
heceby te[minate Conditional Use Pecmit t4os. 1998 and 2501.
On coll call, the foregoing resolution was passed by the followin~ vote:
AYES: BOUAS~ LA CLAIRE~ LAWICKI~ MC BURNEY~ MESSE
NOES: NONE
ABSENT: FRY, HERBST
~. CONllITIONAL USE PERMIT N0. 1168 - Request from Clarence J. Tutner (TRICO
Realty, Inc.) foc tecmination of Conditional Use Permit No. 1168,
pcoperty located at 129 W. Ball Road.
ACT~Otd: Commissionet Bouas offered Resolution No. PC86-18d and moved for
its oassage and adoption L•hat the Anaheim City Planning Commission does
heteby terminate Conditional Use Permit No. 1160.
On roll call, the foregoing resolution was passed by the following vote:
AYES: BOUAS~ FRY, HERBST, LA CLAIRE~ LAWICKI, MC 9URN~Y~ MESSE
NOES: NO[iE
ABSENT: FRY~ HERBST
AUJOURNMEN'P: Commissionet Bouas offered a motion, seconded by Commissioner
Lawicki and MOTION CARRIED (Commissioner Fry and Herbst
absent) that the meeting be adjourned.
The meeting was adjourned at 4:00 p.m.
Respectfully su~mitted,
E h~Lis, ectetary
Anaheim City Plannin9 Commission
ELH:lm
02U4m
7/7/86